HomeMy WebLinkAbout1969 - Agreement - Pan American Financial - 6557643VOL 143 RAU 23f
6557'643
A G R E E M E N T
The City of Tukwila, a municipal corporation in the State of
Washington, hereinafter referred to as City, and Pan American Financial
hereinafter referred to as Developer, agree as follows:
WHEREAS Tukwila operates and maintains within its boundaries a
system of sewage disposal;p,.water distribution system; a storm drainage
system; all within its boundaries which can serve the property of the
Developer, aana
WHEREAS the City of Tukwila has a Comprehensive Street Plan and
minimum street standards for the control and design of traffic within
the City, and
WHEREAS the Developer desires to construct certain sanitary sewage
facilities, water distribution facilities, storm drainage facilities
and street as its own costs for a portion of said property for connection
with, delivery to and operation of the City. Said improvements are
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 Exhibit A, which is by this reference made
a part hereof as if set out in full.
2. The Developer shall deliver to the City the plans and
specifications for the sewer, water system, storm drainage and con-
templated streets. The plans and specifications for "The Development"
shall be according to the standards established by the City and its
engineers. Said plans and specifications shall be in conformity with
all applicable State Statutes and City Ordinances and, in the event
there are no applicable Ordinances or statutes all installations shall
be in accordance with good and workmanlike methods as set forth by the
City Engineer. Plans and specifications shall be presented to the City
at least 30 days prior to commencement of construction.
3. No construction shall be commenced before the City has
notified the Developer in writing that the plans and specifications
have been approved. Provided, that, however, in certain instances
special permission may be granted by the City Engineer on various
phases which in his opinion may proceed without written approval
of the plans and specifications. Such preliminary commencement of
work shall not constitute a waiver of any requirements of this
agreement.
1
vot 143 PAGE 237
4. The City shall perform all inspection of "The Development"
and no development facilities shall be covered up prior to inspection.
If any work should: be covered up prior to inspection, it must, if
required by the City Engineers, be uncovered for examination. De-
veloper agrees to comply with all of-the City's reasonable inspec-
tion requirements. Developer shall maintain at the construction
area, at all times during construction, a representative to whom
the City's notices may be given regarding construction. Said represen-
ft
C tative shall be designated in writing by the Developer.
5. Upon completion of construction and upon the certification
from the City Engineer that "The Development" meets the minimum stan-
dards of the City, Developer shall assign and convey all permanent
facilities of "The Development ", together with necessary easements,
to the City. Said easements shall be for general utility construc-
tion.
6. Developer shall notify the City of the date the work and con-
struction described in this Agreement shall commence, said notice
shall be given not less than two days before said commencement date.
After the work is commenced, it shall vigorously, consistently and
in a first -class workmanlike manner be carried to completion.
7. Developer may prepare and call for bids for construction de-
scribed herein or negotiate a construction agreement for said con-
struction; but a construction agreement shall not be executed prior
to approval of such agreement by the City for the purpose of main-
taining City construction and material standards and inspection
rights.
8. Developer will procure all necessary State, County and City
licenses and permits for construction.
9. Testing all systems within "The Development" shall be per-
formed as required by the City in accordance with the City require-
ments as set forth by the City Engineer.
10. Developer will pay the City's expenses, not to exceed fifteen
per cent (15 %) of the construction costs of the Development as de-
termined by the City Engineer, arising out of this agreement as fol-
lows:
a. Reasonable Engineering fees incurred by the City.
b.'. Reasonable inspection fees.
c. Reasonable legal fees incurred by the City.
d. Publication, license and franchise costs for
construction performed by the Developer.
e. Any other direct costs incurred by the City
occasioned or caused by "The Development."
voL =1 43 A
These expenses shall be paid monthly and within 10 days of the
billing date when billed by the City. Developer agrees to deposit
$2,500 with the City, which deposit shall be applied to the payment
of the expenses set forth herein including a five per cent (5%)
penalty whenever Developer has not paid within 30 days of the billing -
date.
11. In the event that defects, due to faulty labor, workmanship
or materials appear within one year from date of acceptance by the
City, the Developer shall, at his own expense, correct the same, and
upon completion of the construction, but prior to delivery to the City
of such development, the Developer shall deliver to the City a bond
in the amount of fifteen per cent (15 %0 of construction costs that
a reliable contractor will make and pay for repairs necessary within
M one year from date of acceptance of "The Development ", arising from
7. said faulty labor, workmanship or materials, The form of the bond
shall be approved by the attorney for the City.
12. Developer hereby agrees to idemnify and hold the City harm-
less from any and all claims which may be asserted against the City
as result of the construction, or maintenance of the work described
in this agreement prior to acceptance by the City. Developer shall
maintain in full force and effect during the construction period,
liability insurance satisfactory to the City and naming the City as an
additional insured.
13. The City and Developer agree that in carrying out the terms
of this contract, the Developer shall be acting as an independent
contractor and in no respect shall be deemed an agent of the City.
14. The Developer shall not assign this contract without the
written consent of the City.
15 The City covenants and agrees that it will maintain and
operate "The Development." Developer agrees to pay any and all
applicable charges, taxes, and future assessments, if any, applicable
to said property.
16. Partial waiver or waiver by acquiescence by the City of any
provision or conditions of this agreement shall not be a waiver of any
other provision or condition of this agreement.
17. Work and construction performed under this agreement shall
not be connected to the City sewer or water lines or accepted by the
City until this agreement is fully and completely complied with as
certified by the City Engineer.
18. Upon completion of construction, Developer shall submit to
the City in writing, a statement of monies expended to perform con-
voi 143 'Act 239
struction described therein.
20. Wehn notified to make any changes or corrections by the
City Engineer, the Developer agrees to make said changes or corrections
within the time set forth in said notice. In the event of failure to
make said corrections or changes all rights of the Developer under
this agreement shall terminate and a stop work order shall be issued
by the City to all phases of "The Development ".
SIGNED this 20th day of June 20 , 1969 at
Bellevue , Washington.
PA AMERICAN FI ANCIAL
BY:
BY:
President
CITY OF TUKWILA
BY:)
ayo
BY: AtLt..._. ,, _
City Cler' .
y
;L143 ME 240
EXEiIBIT A
Commencing at the Westerly corner common to tracts 22 and 23
of the Brookvale Garden tracts, as shown on the official Plat
thereof as filed for record in the office of the County Auditor
King County, Washington, Volume 10 of Plats, Page 47
Thence South 89 °48'56" East, along the line common to said Lots
22 and 23, a distance of 224.00 feet to a point.
Thence North 00 °11'04" East, a distance of 143.10 feet to a
point. Said point being further described as being 200.00 feet
Northerly of the Northerly right -of -way line of Primary State
Highway No. 1, as established by instrument under Auditor's File
No. 5480008, records of said King County, and the true point of
beginning.
Thence North 00 °11'04" East, a distance of 162.90 feet to a
point. Said point being 25.00 feet Southerly of the centerline
of outlet street as shown on said Brookvale Garden Tracts.
Thence South 89 °48'56" East, parallel to the centerline of
outlet street, a distance of 470.08 feet to a point. Said point
being further described as being 25.00 feet West of the centerline
of Riverside Avenue as shown on said Brookvale Tracts.
Thence South 00800'42" West, parallel to the centerline of said
Riverside Avenue, a distance of 424.81 feet to the Northerly right -
of -way line of Primary State Highway No. 1, as it now exists.
Thence along said Northerly right -of -way line North 71 °16'32"
West, a distance of 96.88 feet to a point.
Thence North 85 °07'24" West, a distance of 170.12 feet to a point.
Thence leaving said Northerly right -of -way line North 00 °11'04"
East, a distance of 217.23 feet to a point.
Thence North 89°48'56" West, a distance of 210.00 feet to the true
point of beginning.
Said parcel lies wholly within the Southwest 4 of Section 23, Township
23 North, Range 4 East, W.M., and contains 3.149 acres more or less.
Situate in the County of King, State of Washington
STATE OF WASHINGTON)
COUNTY OF KING
I,
Antonio G. Orozco , Notary Public in and
for ±he State of Washington, residing at Bellevue, Washington
do hereby certify that on this 20th day of June
1969, personally appeared before me Lawrence E. McCombs
and Albert N. Ballard to me known to be the President and
Secretary, respectively, of Pan American Financial, described in and
who executed the within Agreement and acknowledged that they signed
and sealed the same as their free and voluntary act and deed for
the uses and purposes herein mentioned.
GIVEN under my hand and official seal this 20th day
of June , 1969.
OTARY PUBLIC in and or the tate
of Washington, residing at
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Request of p
ROBOT A.ORRI , County Auditor
FILED for Record