HomeMy WebLinkAbout1974 - Developers Agreement - McCann Bruce E - 7407120478 7407120478 r,•
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DEVELOPER'S'AGREEMENT.'
The City of Tukwila, a municipal corporation in the State
of Washington, hereinafter referred to as "City,". and.Bruce'..E.. :
McCann, hereinafter- referred to as "Developer" agree, as follows;
ap WHEREAS, City operates and maintains within its boundaries •
a system of sewage disposal and a storm drainage system, .a water
system, a street-lighting system and a system of paved streets,
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all within its boundaries, which can serve the property of
Developer, and
WHEREAS, City has a comprehensive plan covering storm
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drainage, sanitary sewer, water and minimum standards for the
control-and design of storm and sanitary sewer facilities within
City, as well as street lighting and paved streets, and .
WHEREAS, Developer desires to construct certain sanitary
sewage, storm drainage, water facilities, street lighting and
public streets facilities at his own cost and to.dedicate. these
facilities to City for connection with, delivery to and operation
and ownership by City, said improvements being hereinafter called
the "Development,"
NOW, THEREFORE, IT IS AGREED: .
1. The land or real property for which the Development
is requested and to which this Agreement applies is real estate •
in Tukwila, Washington, described in the Plat entitled South-.
center South Industrial Park and approved May 6, 1974, _by the
City Council of. 'i'ukwila which is by this reference. made :a part
hereof as if set out in full.
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2. Developer has delivered to City the plans and_spoci.fi
cations for the Development and City acknowledges the plans. .
and specifications for the Development conform to the standards. •
established by City and its engineers. Developer,shall complete
the Development in accordance with said plans and specifications,
and all applicable State statutes and City ordinances. Final
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Nr revised plans and specifications shall_be presented-to Cit y
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N least fifteen (15) days prior to commencement of construction. •
C3. No construction shall be commenced before the Public
Works Director of the City of Tukwila or his designee- (herein ,.
the 'Director") , has notified Developer in writing that the
plans and specifications have been approved.
4. The Director shall perform all inspection of the
Development and no development facilities shall be Covered
prior to inspection. If any work should be covered prior to
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inspection, it must, if required by the Director, be uncovered
for examination. Developer agrees to comply with all of'.City's
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reasonable inspection requirements. Developer• shall'maintain
at the construction area at all times during construction a •
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representative to whom the Director's notices may he given
during construction. Said representative shall be designated
in writing by Developer. •
5. Upon completion of construction and upon the certifi-
cation from the Director that the Development meets the minimum
standards of City, Developer shall convey to City -all-permanent • tt c.
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facilities of the'Development, together with necessary easements
for general utility construction and maintenance. I ,•
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G. Developer shall notify City of the date the work and
construction described in this Agreement shall commence. Said
notice shall be given not less than seven (7) days before said
commencement date. After the work is commenced, it shall be.
promptly carried to completion in a workmanlike manner, pro-
Gr) vided that Developer's obligation to complete the Development
`q shall be extended in the event of circumstances beyond Developer's
C(� control, including but not limited to fire, flood, snow, freezing,
S-.. rainfall, unusual weather conditions, acts of God, labor disputes,
including strikes and lockouts, acts of war, riots, government
priorities and availability of materials.
7. Developer may prepare and call for bids for, construc-
tion described herein or negotiate a construction agreement for.
said construction; however, a construction agreement with the
general contractor shall not be executed prior to approval of
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such agreement by the Director for the purpose of maintaining
City construction and material standards and inspection rights.
8. Developer will procure all necessary State and County
licenses and permits for construction.
9. Testing all systems within the Development shall be
10. Developer shall pay City for inspection fees
charged by Harstad & associates, a sum not to exceed $15,000
during a period of 120 days. In addition, Developer shall.
pay all overtime charges and shall pay for all 'services
required beyond the 120 day period to complete the project.
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14. Developer shall not assign this Agreement without'the
written consent of City.
15. City covenants and agrees that-.it will maintain.and
operate the Development after satisfactory completion and ,
acceptance in accordance with the terms of this Agreement.
r? 16. Partial waiver or waiver by acquiescence by'City
Vof any provisions or conditions of this Agreement shall not be .
a waiver of any other provision or condition of this Agreement.
Cit
17. Work and construction performed under this Agreement
shall not be connected to City sewer or water lines until
certified by the Director.
18. Upon completion of construction, Developer shall
submit to City in writing a statement of moneys expended to
perform construction described therein.
• 19. This Agreement shall constitute an easement and servi-
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tude and a covenant running with the land upon the property
described in this Agreement and shall be binding upon the heirs,
• assigns, grantees and successors in interest to Developer.
20. :When notified by the Director to make any'_changes
or corrections to conform to the plans and specifications, .
Developer shall promptly make said changes or corrections.
21. Developer will landscape and maintain the landscaping .
of the 10' wide planting islands in the Boulevard. When fifty
percent (50%) of the property is sold, the responsibility for-
maintenance may be assigned to and assumed by an Owner's
Association through provisions of the protective covenants,
and Developer's obligation of maintenance shall thereupon'he
terminated. •
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' 22. As soon as the utilities in the streets are completed , . .
and accepted, the streets will he paved up through the.first.
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layer of asphalt. The final.layer of paving will be delayed Until the contiguous property is substantially developed.
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N SIGNED THIS 2 DAY OP • • ' , 1979.
C:) ___.1) 7
UCE E. MCCANN
• CITY OP TUKWII.A
By .T_
are„,,eLfet..t.
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Attest:
',j . .14/. 7,9.<.CITY CI,SRK - ?
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Approved as to form, .... .. , .v"
content and legality: .``firy•.y'f • t*"'<'a'Ir,
0 CITY ATT RNEY
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‘BRUCE E . Mc' N N • corr,in
8013 Perimeter Road South 8oeIng field n-m
SEATTLE,WASHINGTON 98108
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RO 2-2553 M6 RO 24124 June 27, 1974 F scs
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I Doris •
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TO The Citx of Tukwila
14475 - 59th South
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Tukwila, Washington 98067 1—
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GENTLEMEN: 0 —
VIE ARE SENDING YOU XX Attached Li Under separate cover via the following items:
! Shop drawings Li Prints Li Plans I:i Samples E! Specifications
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C■1 ; Copy of letter Li Change order
coPits i OATE NO DESCRIPTION
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1 • 6-27-74 , Fully executed copy of the "Developer's Agreement"
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• THESE ARE TRANSMITTED as checked below: •
• . For approval Li. Approved as submitted Li Resubmit_ copies for approval
For your use Li Approved us noted 7.: Submit—_copies for distribution
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x-x As requested Returned for corrections Li Return corrected prints
For review and comment
Li FOR BIDS DUE 19 13 PRINTS RETURNED AFTER LOAN TO US •
I REMARKS
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COPY 10.
SIGNED: Bruce B.
11 enclosures era not an noted,kindly notify us at once. •
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