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Home My WebLink About2015 - Agreement for Payment in Lieu of Constructing Frontage Improvements - A&B Properties / Louie Sanft - 20150401001123 Return Address: 20150401001123 CITY OF TUKWILA CITY OF TUKUIL AG Office of the City Clerk PAGE-001 OF 006 6200 Southcenter Blvd. KINGICOUNTY11WA0 Tukwila,WA 98188 (206)433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title(s): (1)Agreement For Payment In Lieu of Constructing Frontage Improvements Parties: City of Tukwila,WA 6200 Southcenter Boulevard Tukwila, WA 98188 Other: A & B PROPERTIES LOUIE SANFT 6120 52nd Avenue South Seattle WA 98188 City State Zip Legal Description: Portion of the N1/2 of the NE1/4 of Sec. 23,T23N,R4E., W.M.;in King County,WA Assessor's Property Tax Parcel/Account Numbers: 336590-1605 336590-1630 r • • AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND LOUIE SANFT, AN INDIVIDUAL PROPERTY OWNER, FOR PAYMENT IN LIEU OF CONSTRUCTING FRONTAGE IMPROVEMENTS • This Agreement is made and entered into this day of August, 2014, by and between the CITY OF TUKWILA ("City"), a non-charter, optional code Washington municipal corporation, and LOUIE SANFT, an individual ("Developer"), having a place of business at 6120 52"d Avenue South, Seattle WA 98118. I. RECITALS WHEREAS, the Developer wishes to construct up to five (5) new buildings located at the addresses ranging from 14510 through 14590 Interurban Avenue South, Tukwila, Washington ("Development") together with other associated on-site private improvements; more particularly described by the legal descriptions contained in Attachment A, attached hereto and incorporated by reference; and WHEREAS, under TMC Chapter 11.12.030, this proposed development is required to • install curbs and gutters, sidewalks and other frontage improvements in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS, all roadway design in the City shall meet the design guidelines and requirements in the Transportation Element of the Comprehensive Land Use Pan, other applicable subarea plans and the requirements under Tukwila Municipal Code ("TMC"); and WHEREAS, the City has funded and awarded a street improvement project titled Interurban Avenue South - Fort Dent Way to S 143`d St ("Project") that will construct the required frontage improvements as well as other amenities in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS. under TMC Section 11.12.030(C) payment in lieu of improvements is an option authorized by the zoning code that may be exercised by the Developer if approved by the Director of Public Works; and WHEREAS, the City and Developer have agreed that street frontage improvements would be more efficiently constructed as part of the City's Project and the Developer agrees to pay the City an amount equal to the cost of installing the required frontage improvements as specified in this agreement; and WHEREAS, pursuant to TMC 11.12.030(C) the Developer and City hereby enter into this agreement pursuant to the terms and conditions set forth herein; NOW THEREFORE, in consideration of the foregoing mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: I SI. o. DIY"( ^'Qn Page 1 of 5 1. Improvements. The Director has determined that street frontage improvements required for the Development should be constructed as part of the City's Project. 2. Payment. The Developer has provided documentation satisfactory to the Director that establishes the cost of materials, labor and quantities in an amount equal to the property owner's cost of installing frontage improvements. The Developer shall pay to the City a total amount of$148,524.18 in lieu of constructing frontage improvements in three(3) separate and equal payments in the amount of$49,508.06 as follows: Payment# 1 —Within 15 days of execution of this agreement Payment#2 —No later than December 31, 2014 Payment# 3 —No later than May 31, 2015 After the third and final payment has been received by the City, the City will prepare a letter of receipt for the Developer that identifies the total amount paid to the City on behalf of the Developer that was credited toward the installation of the City required frontage improvements constructed within the City owned right-of-way. 3. Amendment. This Agreement shall only be amended by a written agreement executed by both the Developer and the City. 4. Recording. The terms and conditions of this Agreement shall be covenants running with the land. The Developer authorizes this to be recorded in the office of the Recorder, King County, Washington. 5. Enforcement. This Agreement shall only be enforced by the parties hereto. No third party shall have standing to enforce the terms of this Agreement. 6. Waiver of Objection. The Developer, for itself and its successors and assigns hereby waives any objection that it may have to the payment. 7. Severability. If any section, sentence, clause, provision or portion of this Agreement is declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall continue in full force and effect. 8. Notice. All notices or communications provided for by this Agreement must be in writing, and may either be delivered personally, by certified mail, or by express delivery service, return receipt requested. Such notices shall be deemed delivered on the date of receipt, as evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or communications shall be given to the Parties at their addresses set forth below: Page 2 of 5 For the City of Tukwila: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 For A &B Properties: A & B Properties Attn: Louie Sanft 6120 52nd Avenue South Seattle, WA 98118 9. Entire Agreement. This Agreement contains the entire Agreement between the Developer and the City regarding this subject matter. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ON BEHALF OF CITY OF TUKWILA, a Washington municipal corporation By: Jim Ha:: ► on Its: Mayor Date: 6— Attest/Authenticated: Approved as to Form: 1 fQ0-C.91 Christy O'Flaherty, City Clerk City Attorney ON BEHALF OF LOUIE SANFT "INDIVIDUAL", DBA A &B PROPERTIES. By: LOIAAZ, 2^ Louie Sanft Its: OfN Date: 7/ 1-4/1 PAve, 3 a 5 STATE OF WASHINGTON ) )ss COUNTY OF ) On -q , 2014, before me, the undersigned, a Notary Public, personally appeared JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. =,tea. ►�jw0;4 ala WITNESS my hand and official seal. I CY& r1,9% clAwp i � ¶ : .o, Print Name: ' I o S 2``��-` .O Adz • ? ,,��:��6 s= I NOTARY PUBLIC in an d . the State oh r - Washington, residing at �� L-J7 � (,/- 4%,49431.007 `` My commission expires: - • ,• STATE OF WASHINGTON ) )ss COUNTY OF Y,.iV`c_ ) On -S� ')- { , 2014, before me, the undersigned, a Notary Public, personally appeared LOUIE SAN FT personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as OL.,0x-\..oX OF A & B PROPERTIES, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. c : Print Name: C C+ NOTA,Qk*'\y NOTARY PUBLIC in and for the State of ; ,c�`'• ,„ : Washington, residing at �-& G d B L J C ibi My commission expires: S- LC■- 1b .... * � .. 5 ATTACHMENT `A' LEGAL DESCRIPTIONS: LOT "B": BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 16, HILLMAN'S SEATTLE GARDEN TRACTS, RECORDED IN VOLUME 11 OF PLATS AT PAGE 24, RECORDS OF KING COUNTY, WASHINGTON, SAID POINT BEING A POINT OF CUSP AND THE BEGINNING OF A CURVE TO THE RIGHT, CONCAVE TO THE SOUTHWEST, THE RADIUS POINT OF WHICH BEARS SOUTH 63°34'57' WEST, HAVING A RADIUS OF 2,936.33 FEET AND A CENTRAL ANGLE OF 5°00'04"; THENCE SOUTHEASTERLY AND SOUTHERLY ALONG SAID CURVE, BEING THE NORTHEASTERLY MARGIN OF VACATED MAULE AVENUE PER RECORDING NUMBER 19991217001055, A DISTANCE OF 256.30 FEET TO A POINT OF TANGENCY; THENCE SOUTH 21°24'59" EAST, ALONG SAID NORTHEASTERLY MARGIN, A DISTANCE OF 556.89 FEET; THENCE SOUTH 68°35'34" WEST, A DISTANCE OF 90.09 FEET TO THE EASTERLY LINE OF THAT PORTION OF LAND CONVEYED TO THE CITY OF TUKWILA PER RECORDING NUMBER 20000104000596; THENCE NORTH 21°24'17" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 671.03 FEET; THENCE NORTH 13°24'44" WEST, A DISTANCE OF 78.13 FEET; THENCE NORTH 21°43'33" WEST, A DISTANCE OF 51.73 FEET; THENCE NORTH 63°43'01" EAST, A DISTANCE OF 49.02 FEET; THENCE NORTH 44°41'28" EAST, A DISTANCE OF 21.15 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. LOT "C": LOTS 12 THROUGH 20, BLOCK 16, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE 24, IN KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Page 5 of 5