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HomeMy WebLinkAbout15-151 - Randal Walker - Right of Way Use AgreementRIGHT-OF-WAY USE AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND RANDAL WALKER 1. PREAMBLE 15-151 Council Approval N/A THIS RIGHT OF WAY USE AGREEMENT is made and entered into this day of, 2015, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Randal Walker, an individual, hereinafter "Property Owner", owner of the real property located at 13003 Tukwila International Blvd. (King County Parcel #7359600610), hereinafter "Subject Property." II. RECITALS WHEREAS, the Property Owner desires to complete a tenant improvement of the commercial building (the "Project") located on the Subject Property; and WHEREAS, the building on the Subject Property has been vacant for a number of years; and WHEREAS, the City prescribes the minimum number of parking stalls in Tukwila Municipal Code Title 18, "Zoning"; and WHEREAS, located adjacent to the Subject Property is unimproved right of way, currently used to provide access to public utilities, controlled by the City; and WHEREAS, the Property Owner desires to use the City's unimproved right of way for parking; and WHEREAS, the Property Owner has submitted a site plan as depicted in Exhibit 2 showing parking within the City's unimproved right of way; and WHEREAS, allowing the Property Owner to use the City's unimproved right of way expands the type of tenants the Property Owner can pursue for the Subject Property, allowing the Subject Property to stabilize, reducing crime, thus improving the overall neighborhood; and WHEREAS, Tukwila Municipal Code 11.08 permits the long term use of City right of way, subject to the issuance of a Type D permit by the City's Public Works Department; and NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: III. AGREEMENT Section 1. Use of Right -of -Way Area A. Use of Right of Way - The Property Owner shall obtain a Type D permit pursuant to Chapter 11.08 TMC for use of the City right of way located adjacent to the Subject Property (the "ROW Area"), as depicted in Exhibit 1 attached hereto and incorporated herein by this reference. The Property Owner is responsible for the payment of any permit fees associated with the Type D permit. The following conditions shall apply to the Type D Permit: 1. The Property Owner use of the ROW Area is limited to parking passenger vehicles only associated with the use of the Subject Property. 2. The parking shall be short term, with overnight parking prohibited. 3. The ROW Area shall not be used for any purpose not explicitly permitted by this Agreement, prohibited uses include, but not limited to, use of the ROW Area for outdoor sales of merchandise, vehicle sales, or airport parking. 4. The Property Owner shall ensure that the City has access to the utility equipment on the property at all times. 5. The Property Owner is responsible for construction of the parking stalls shown in Exhibit 2. The Property Owner shall obtain all required permits for the stalls construction. The Property Owner is solely responsible for the construction costs and permit fee costs. 6. The Property Owner shall keep the ROW Area, shown in Exhibit 1, free of any refuse, garbage, and debris. Property Owner is responsible for any disposal costs associated with any items abandoned in the ROW Area. 7. Property Owner shall meet the insurance requirements of Tukwila Municipal Code 11.08.100 for the duration of this Agreement. B. Parking Limitations - The Property Owner acknowledges that, even with use of the ROW Area, parking for the Subject Property is severely limited. This parking limitation will likely limit the types of uses permitted within the building on the Subject Property. All uses in the building on the Subject Property shall comply with the minimum parking requirements of Tukwila Municipal Code Title 18. Property Owner understands that the City will not issue any building permits or business licenses for any use on the Subject Property that creates a parking deficiency. This Agreement does not waive or reduce the required number of parking stalls for any potential uses in the building. C. Notice to Tenants. The Property Owner shall provide a copy of this Agreement to any current or prospective tenant. The obligation to provide copies of this Agreement to tenants lies solely with the Property Owner. No duty or obligation is placed on the City to furnish copies of the Agreement to tenants. Section 2. Project is a Private Undertaking. It is agreed among the parties that the Project is a private undertaking by the Property Owner and that the City has no interest therein except as explicitly outlined in this Agreement and as authorized in the exercise of its governmental functions. Section 3. Duration of Agreement. This Agreement and the Type D permit required to be obtained shall expire on December 31, 2020, unless otherwise terminated pursuant to Section 7 below. Upon expiration of the Agreement, Property Owner shall discontinue use of the ROW Area, unless the Property Owner obtains a new Type D permit and enters into a new right of way use agreement with the City, or the right-of-way is vacated. This Agreement provides no assurances or guarantees that the City will permit parking in the ROW Area beyond December 31, 2020, or that the City Council will approve a street vacation. Section 4. Termination. This Agreement shall terminate on December 31, 2020, or as otherwise provided below: A. The Property Owner can terminate the Agreement by providing the City 90-days' written notice. B. This Agreement shall terminate automatically on July 1, 2016 if a building permit to complete a tenant improvement is not obtained by the Property Owner by July 1, 2016. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. Furthermore, if any tenant improvement permits, issued prior to July 1, 2016, subsequently expire due to inactivity, then this Agreement shall terminate immediately upon such expiration. C. ' Upon ten days' written notice, the City may terminate the Agreement if: 1. Property Owner fails to apply for and receive a Type D Right of Way Use Permit within 120 days of executing this Agreement; 2. The Property Owner fails to maintain insurance as required by TMC 11.08.100; 3. The Property Owner fails to keep the ROW Area free of rubbish, garbage and debris; 4. The uses in the building on the Subject Property create a parking requirement exceeding the maximum parking spaces available on the Subject Property and in the ROW Area; 5. The Property Owner or occupants fail to obtain any required licenses, permits, or approval from the City; or 6. The Property Owner sells or transfers his interest in the Subject Property. Section 5. Condition of Right -of -Way Upon Termination. Upon expiration or termination of this Agreement, the Property Owner shall ensure that no garbage, debris, and/or rubbish is located in the ROW Area. The Property Owner shall remove any parking signage (i.e. handicapped parking signs, etc) or wheel stops that may have been placed in the ROW Area. All work outlined in this section shall occur no later than 14-days from expiration or termination of this Agreement. In the event of noncompliance, the City may remove the items and bill the Property Owner for the cost of removal and disposal. Section 6. 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 U.S. District Court for Western Washington. Section 7. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Section 8. 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 9. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 10. Severability. 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. Section 11. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. Section 12. 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 13. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendments are in writing. Section 14. Notices. Notices, demands, correspondence to the City and Property Owner shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of the Public Works Director and Economic Development Manager. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 15. No Assignment. This Agreement shall not be assigned by either party. Section 16. 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 17. 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 18. Legal Representation. In entering into this Agreement, Property Owner represents that it has been advised to seek legal advice and counsel from its 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 of 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 Agreement to be executed as of the dates set forth below: OWNER/PROPERTY OWNER: By By CITY OF TUKWILA ATTEST: Byrh 1,—] f, C c-- City Clerk APPROVED AS TO FORM: By City Attorney STATE OF WASHINGTON ) ss. COUNTY OF lc'r') On this lk-ty1 day of Avvc....-s-r , 2015, before me personally appeared Ikk-vts_ , to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. 4149A, kr-40 IL-C-LD A ,����eli�ii ;C oTA'QA13 i Print name: ¢•c�r�xA 3-CAN4-�LI ▪ r0 _• y� •.. i • `r) Ao O2 ,WASN" STATE OF WASHINGTON ss. COUNTY OF 9&41 NOTARY PUBLIC in and for the State of Washington Residing at PL'' —c+r._ u'/r-1.1 w j.- Commission expires: - 4 • , � _� On this L.) day of tf , 2015, before me personally (1 appeared & �1zLczv$z»1 M , to me known o be the individual that executed the within and foregoing instrument, and acknow dged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. Print name: Mel S5, *1tY NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: l i/QI // 4 Exhibit 1 PARKING I OT DRY OF TUKWILA SEE PARKING PLAN A1.1 2 EXIST. RETAINING WALL HOST. CONC. SLAB OSITE PLAN Scale: 1" e 10 ft ENERGY CODE WASHINGTON STATE ENERGY CO TWSEC 2012 PRESCRIPTIVE APPROACH UNE OF EXIST. LIEUT1' POLE EXIST. RETAIMNG WALL LINE OF EXIST. AWM BUILDING AREA RETAIL (COFFEE HOUSE a RETAIL) 2.312 SF RETAIL (SHOWROOM ♦ OFRC B 3,544 SF TOTAI FLOOR ARFO 56565E TOTAL BUNTING AREA 5,656 SF 41 FAR 8 DENSITY CALCULATIONS PAR1KI8.22 REWIa�MENfS NOTES: NET LOT AREA + 9539 SF PAC 18.22. 1 1. SIGN MATERIAL + 14 04. GALV. STEEL FAR IN NCO.1.1 X 9,539 + 10.d97 6F \ PAGING SPACES $ 2. CONTRACTOR TO VERIFY WORDING AND USE ZONWO NEf ;REQUIREMENT REQUIRED GRAPHICSREQUIREMENTS TO MELT LOCAL JURISDICTION TOTAL BUILDING AREA - 5,655 SF REQUIREMENTS AND REVISE ACCORDINGLY. RETAIL t ICIFFE�iOUSE ♦ RETAIL) NCO 2,21fi r 2.5 PER 1,000SF 5 3 a 3. MOUNT SIGN TO BUILDING WALL LOCATED WITHIN THE NCC RETAIL ICI N'R OUS NCO 1.849 i' �2.5 PER 1.WOSF 5 i Z LOCATED WITHIN A FREOUEM TRANSIT CORRIDOR It/4 MILE) NCO 1, PER 1.000SF 3 I bi.-- RN. GRADE REGIONAL HOSPITAL RESPIRATORY COMPLEX CARE —r= \ KEY PLAN \.\ O LINE OF EwST. CONCCONC./ASP.\ UNE FT 22 GARAGE DOOR ACCESS /l \ ASPHALT CONCRETE SLAB` D 21 11 C ZONING reiERVED SYMBOL-BLUE CKGROUND 2 COATS ENAMEL 1/2' BORDER. BLACK DEPT. OF HOMELAND SECURITY RECEIV CITY OF TU FEB 1 2 2 PERMIT CE S 126TH ST S 128TF1 ST PROJECT INFORMATION PROJECT DESCRIPTION TENANT IMPROVEMENT OF A COMMERCIAL SPACE W AN EOST1NG BUILDING. THE SPACE WAS A MARKET 8 WAREHOUSE THE SPACE WALL BE A COFFE SHOP, RETAIL AND SHOWROOM TENANT - NO CHANGE OF USE IS REQUIRED. NEW BATHROOMS 8 STOREFRONT IMPROVEMENTS ADDRESS a LEGAL DATA ACMRES& 13003 TUINVAA EITERNATIONLL BLVD. TUKWILA, WA 98188 TAX PARCEL NUMBER: 735960-0610 LEGALOESCRFTION: ROBBNS SPRING BROC(TO MERTON LESS ST RO PUT KOC K: 7 PLAT LOT 1.2.3 CONTACTS OWNER ANDAL 6 WALKER 1700 S.220TH STREET DES MOINES. WA 98198 ARCHITECT CHRISTOPHER E27ELL E WORKSHOP 314 S FIRST AVENUE, SEATTLE. WA 98104 PHONE: 208-483-4941 BUILDING CODE INTERNATIONAL BLAMING CODE (IBC) 2012 DRAWING INDEX A1.0 KEY. SRE PLAN 8 PROJECT INFO. A2.0 FLOOR PLAN A5.0 EXOERIOR ELEVATONS A6.0 ;--n --. 86101/T. 2 AREAS 20' WAREHOUSE 9' RETAIL CONSTRUCTION TYPE TYPE V48, 2013 PC OCCUPANCIES: NCC: M. S-1, 8 STORIWILA WATERES: STORY PUBGC LTT1ES SEWER PUBLIC U11UAE5 POWER PUBUG UTRIIIES HEAT SYSTEM: ER CRFICE HOT DAWGUNITS/ 120 CADET 1000W WAREHOUSE UNHEATED RETAIL HOT DAWG UNRS BATHROOMS 120 CADET 1000W CATION: BATIT FAN ON e WORKSHOP 314 FIRST AVENUE SEATTLE. WA 98104 206-463-4941 BUTCHER BUILDING 13003 TUKWILA BLVD TUKWILA, WA BUILDING PERMIT 2 02/12/15 REVISION 8029 AgcLyJ�flED SITE PLAN 2/10/14 1 "=10'-0" A1.() ROST. RETAINING WALL 2 9 01 •\\'\ \•`lam DOST. AWNING 19'-0• TYP. �- UNE OF ROST. CONC\•\ ASPHALT RAGAfF DOOR ACCESS CONCRETE SLAB 21 k• \ L 5LT\ \ 1 _L— EXIST. GATE FENCE 20 DOST. RETAINING WAIL SOUTH PARKING LOT CAPACITY A CARS PARKING REQUIREMENTS 'NC 18.22.080 33\Ifl USE MOWS MAKING SPACES MET ARES 1 RETAIL 1 (COFFEE HOUSE) NCC fi55 1.0ERr50SF. 13.0a.0 ,13 RETAIL 1 (RETAIL) NCC 1.153 2.5 PER 1.000SF . `0.5 4j RETAIL 2 (SHOWROOM) NCC 2.5 P6R 1,000SF OFRCE NCC Law1.383 3.0 PER 1,000S{T. NORTH PARIONO LOT . 16 SOUTH PAAIONG I OT" 4 TOTAL 235PACES OPARKING PLAN Scale: 1" - 10 h NORTH PARKING LOT CAPACITY 16 CARS UTILITY POLE ED CITY OF TUKWILA FEB 1 2 2015 PERMIT CENTER e WORKSHOP 314 FIRST AVENUE SEATTLE, WA 98104 208-463-4941 BUTCHER BUILDING 13003 TUKWILA BLVD TUKWILA, WA BUILDING PERMIT PARKING PLAN 1/22/15 1°-10'