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Home My WebLink About14-021 - Bartell Drug Company (SEG 56th LLC) - Voluntary Correction Agreement (Sign)14 -021 Council Approval N/A VOLUNTARY CORRECTION AGREEMENT WITH THE CITY OF TUKWILA, THE BARTELL DRUG COMPANY, AND SEG 56th LLC I. PREAMBLE THIS AGREEMENT is made and entered into this 7 day of r/L.. , 2014, by the City of Tukwila, a Washington municipal corporation (the "City" or "Tukwila "), SEG 56th Limited Liability Corporation, organized under the laws of the State of Washington (the "Property Owner "), and The Bartell Drug Company, organized under the laws of the State of Washington ("Bartell"). II. RECITALS WHEREAS, the Property Owner owns a commercial property ( "the Property) near the intersection of S. 144th Street and Tukwila International Boulevard (King County Parcel #152304 - 9182); and WHEREAS, Bartell operates a retail store on the Property; and WHEREAS, located on the Property, fronting Tukwila International Boulevard, is a large freestanding sign, upon which is a sign face for Bartell and a small reader board ( "the Sign "). A photo of the Sign is provided as Exhibit "A" to this agreement; and WHEREAS, the Sign was installed prior to the City of Tukwila annexation of Tukwila International Boulevard into the City; and WHEREAS, the City of Tukwila regulates the placement, installation, and display of signage in the City through Tukwila Municipal Code ( "TMC ") Title 19; and WHEREAS, the Sign was considered legally non - conforming, subject to the strict restrictions and limitations found in TMC Title 19; and WHEREAS, the Sign was damaged in December of 2012; WHEREAS, the Sign cannot be repaired in a manner that is permitted under Title 19; and WHEREAS, on February 25, 2013, the City issued a Notice and Order to the Property Owner and Bartell requiring that the Sign be removed; and WHEREAS, on March 13, 2013 an appeal of the Notice of Order was submitted to the City; and WHEREAS, the Hearing Examiner, on motion by the City, dismissed the appeal because it was not timely filed; and 1 am mun /cup iad 00S$ oi pouad ODE J. iCup (09) A1xis ag12uimollo3 astaioui hugs saui3 -Pm '8T Oyu, ui paquosaid su Alinpouui o1 anp uouuoilddu alp jo uoilullaouto JO Jauiiuuxa Supra' am iiq uoisioap pug u sapnloui ssaooad aouuuun alp jo uoisnlouo0 •ssaooad aoutuun aq1 jo uoisnlouoo aa1jt sXup (09) j1xis uiglim panouiai aq ism UIS 311.E '£1OZ `I 1sand 331311 suituiaa u2is alp 1ug1 /cup goua .io3 2utpulnuinaou OM Cup u OOI $ 3O soup imp aai2u Jaum0 Alaadoad alp put ping saug • , uoilaas '17I OZ `S i Iudvv uugl Jalul ou panouia.i aq pugs u is a 11 {, 10Z ` I Z £mniga3 Aq uoiluoilddu aouuuun u lnugns iou saop ping 1ug11uana alp -ill •1uauiaaBu ag13o 17 uopoaS ui pauipno sr «ssaooid aouuuun alp jo uoisnlouoo„ paaapisuoo aq Hugs uoiltoilddu aouuuun am umgns 01 ainiitd .171. OZ `IZ ,iauiugad mil Jar' ou uoiluoilddu aoututn alaiduzoo u liu qns hugs ping uoilnatladv aauup[uA •£ uoilaas •panouiai aq isnuz puu 61 3I1!I JJA[J 3o uoiluloin ui Si u21S am mil apalmou}lou grog Ilalaug puu Jaum0 icvadoid au, *Iowa pun ammo Alaaaoad am Aq IuauMpalAtou)lad uotlnlou •Z uoilaas •uol2uigsuM `ulim)InJ 30AID alp ui `paunalnog Iuuoiluu.ialul ulimlnl, 31.10lu paltoo1 `Z8I6- t70£ZSI# 100aud iciuno0 211[N1 si XlIodoad aqi •Alaaaoad am jo uoilaiaasaU •I uoilaas INHIAIHMIOV •III 2uipunlsaaa3 jo ologd •d :(s)Iigigxa :smollo3 su aai2u olaiag sapnd ag1 `u!a oq giao3 1as sasi uoid Itninui alp jo uopuiapisuoo ui `g2IO3g2IHHI MOM •s.iaCudxul ag1 put sassau!snq ag1 o1 slouduii puu s1SO0 saziuiiuiui 1tg1 Jauuuui u UT .1311uw sigl aA1OS J 01 gsIM sat1.iud ag1 `Sda2IgHM puu :,ipadoid loafgns am uo u2is 2uiputlsaa.i3 u iiulsu! 01 uoipuoilddu aouuuun u ans.ind 01 sagsiM 1! 1ug1 paluoipui sug llama `Sd32IHHM puu :u2!s am anowaa puu klaadoid aqI J 1ua o1' 1iJ ag1 utmollu uoiloipsunf 1ualaduzoo jo 1.inoo t uioa3 law ut un iqo oi asoogo oslt uto AID alp `arouuag ing •panouiaa si 112is alp 'nun Haling puu Jaum0 ' 1J doJd alp qioq o1 suoiltlio anssi 01 J1uoglnt alp sug X1!3 3111 `Sdg2IgHM put :ping Jo .zaumo X1.iadoid am .zaglta iiq uopoipsunf lualaduioo jo 1.inoo t oi paluaddu iou sum Iuuisip mauiu uxg fui-ivaH xq1 `Sdg2I3HM sign is removed. The City shall forgive all fines, associated with the Sign if the Sign is removed within 60 days after conclusion of the variance process or if the sign is removed by Aprrt1 2014 AeL1 Section 5. City Right of Access If the Sign is not removed pursuant to the timeframes outlined in section 4 of this agreement the City shall have the right to access the property and remove the sign. The property owner, through this agreement, expressly grants the City access to the property for the purposes of removing the Sign. Section 6. No Assurances on Variance Application Bartell and the Property Owner acknowledge that this agreement in no way provides any guarantees or assurances that the sign variance application will be approved by the City's Hearing Examiner, which operates as an independent hearing officer for the City. Furthermore, this agreement does not obligate or bind City staff to support the variance application. The variance application will be processed by the City in good faith, in the same manner as other applications. Section 7. Joint Responsibility Bartell and the property owner agree that the each party is solely and jointly responsible for compliance with this agreement. The City may choose, at its sole and absolute discretion, to seek enforcement of this agreement by one or both parties. Section 8. Indemnification Bartell and the Property Owner agree to defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, caused by or related to the Sign, except for injuries and damages caused by the sole negligence of the City. Section 9. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Bartell, the Property Owner and the City. Section 10. Incorporation of Recitals. The Preamble and Recitals contained in this Agreement are hereby incorporated into this Agreement as if fully set forth herein. Section 11. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 12. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the United States District Court for Western Washington. Section 13. Attorney's Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, the prevailing party shall be entitled to any award of attorney's fees and costs, including those attributed to any appeals. Section 14. Entire Agreement and Amendments. This Agreement represents the entire agreement between the Parties with respect to the subject matter herein. This Agreement supersedes all other written and/or oral agreements between the Parties relating to the Sign or the Property. Any Party may request changes in the Agreement. Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. Section 15. Severability and Survival. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. Section 16. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a party to this Agreement may enforce the terms and provisions of this Agreement. Section 17. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 18. Notices. Notices, demands, or correspondence to the City, Property Owner and Bartell shall be provided by pre -paid first -class mail to the addresses provided by the executing Parties below. Notice to the City shall be to the attention of both the Director of Community Development and the City Attorney. The )arties hereto, and any subsequent property owners or Bartell tenants, shall advise the other of new addresses for such notices, demands or correspondence. Notices from the City to subsequent property owners or any subsequent tenant of the Bartell store shall be given by the City only if the subsequent property owner or Bartell tenant have given the City written notice of their address for such notice. Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 21. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 22. Legal Representation. In entering into this Agreement, the Property Owner and Bartell represents that it has been advised to seek legal advice and counsel from their attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same as its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Voluntary Correction Agreement to be executed as of the dates set forth below: PROPERTY OWNER: By: Its: /ler+ 3e-ik SEG 56th LLC 845 106`h Ave NE #100 Bellevue, WA 98004 THE BARTELL DRUG COMPANY: By: Its: The Bartell Drug Company 4025 Delridge Way SW, Ste. 400 Seattle, WA 98106 CITY OF TUKWILA: By: Jack Pa , DCD Director City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98168 STATE OF WASHINGTON ) ss. COUNTY OF KING On this l day of 1e , 2014, before me personally appeared R1.4—.e l-I-,y d/A% to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument. CATHERINE L. DAVIS NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES NOVEMBER 29, 2017 STATE OF WASHINGTON ) COUNTY OF KING ) ss. C r otag L f Notary Public in and for the State of WASHINGTON residing at My commission expires: /? o 1 3 On this (Lt -�- - day of b ��,, , 2014, before me personally appeared2J a%,0,—.1../, to me known to individual that executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that she is autlOWlltbiecute said instrument. NwN S vM 0/••• 81 011 � S Test! .. r 11 Notary Public in and for the State of WASHINGTON residing at •-4.4 e e G goz7 My commission expires: / 7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this % day of � � , 2014, before me personally appeared ' c* 73 P , to me known to be the individual that e ecuted the within and foregoing instrument, and acknowledged the said instrument to be 1 e', free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated thativhe is authorized to execute said instrument. iS = -7—vA14 Le_ —Mc-FA vtj Notary Public in and for the State of WASHINGTON residing at X i h 0 /c1477 /°L My commission expires: / 6' 20-17 EXHIBIT A Photo of Sign : i,-- htt px, maps988elec«Nrnaps =9= S,t4Gm.SnP- iiG ij rr; S. 144th Street and Tukwila L. Fie Edit View Favorites Toots Help Google S. 144th Street and Tukwila International Blvd Get directions My places is Tukwila International Blvd & S 144th St Tukwila, WA 98168 q Is I o.ei..v.ra Tukwila Wa.n;.a.n .n,,.a Directions Search nearby more - Maps LIDS - Help 60481e Maps - 62014 Googte - Terms cf Use • Pmaty Exhibit A