HomeMy WebLinkAbout1994 - Developer's Agreement - City of Tukwila / NonStop Inc - 94031011629403101162
DEVELOPER'S AGREement
TEIS AGREE10 NT is made and entered into on September 30, 1993, by and between the
City of Tukwila, a Washington municipal corporation (hereinafter referred to as
'the City') and NonStop Incorporated, a Washington corporation (here{n■r+.r
referred to an 'the Owner'.)
W I T H E S S E T H
WHEREAS, the Owner has certain real property located at 12606 Pacific Highway
South described and generally as /shown in Exhibit 'A' ('Property'), and
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— WHEREAS, the Owner has applied for issuance of a building permit for the
O remodeling of an existing building of approximately 6,400 square feet located on
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p the Property ('Project'), and
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WHEREAS, the Project will necessitate the construction of certain off -site
.icpravements ('frontal Imp =ovemente•) adjacent to the Property consistent with
current City standards and THc 11.64 as further described herein, and
WHEREAS, the City intanda to raconntruct Pacific Highway South adjacent to the
Property at a future time after completion of the Project.
NOW TSEREYORS, in considaraticn of mutual benefits and conditions hereinafter
contained, the parties hereto agree as follows
OD'ET
XSPROVeHE? T3
1. The City has previously determined that the Project has no significant
traffic impact on Pacific Highway South and nearby intersections. It is,
therefor., agreed that the Owner's obligation shall be limited to costs related
to the Frontal Improvements as defined herein and adjoining the Property.
2. Provided that the City issues a building permit for the Project and Owner
constructs the Project, Owner shall pay the coat for Pacific Highway South
Frontal Improvements including sidewalk, curbs and gutters, storm drainage
revisions, firs hydrants, street lighting, paving, modification of the existing
queuing lane {or nahilOs entering Owner's property and related improvements
including all ewL�.esiag construction, inspection and City admini.ntrative costs
relating to said improvements.
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LO 3. The parties agree that the design of said Frontal Improvements cannot be
determined until the design of the Pacific Highway South Road has been completed
O
M and further that the construction of the Frontal Improvements and Pacific Highway
0 South Road should be undertaken concurrently. It is further agreed by the
parties that the s +sty will undertake the design of the Frontal Improvements and
Pacific Highway South Road and that the City will consult with the Owner to
ensure the reasonable needs of the Owner ars satisfied in the design.
4. The construction costs for the Frontal Improvements shall be determined by
competitive bide with the costs of maid improvements segregated from the costs
for the entire Pacific Highway South construction. The City shall contract for
construction of all Frontal Improvements and Pacific Highway South improvements.
Wham the cost for the Frontal Improvements is determined and prior to the
commencement of construction of said o , econstructioninspection Owner shall pay to the
City the total estimated cost including all
and City administrative coots related to said Frontal Improvements. Following
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completion of construction, final costs shall be determined and any balance due
to either party shall be promptly paid.
',MOTH 4t AOREZ4 WT
This agreement shall remain in effect for five years from the date of the
execution of this Developer's Agreement by all parties. The Public Works
contract shall be awarded by the City Council no later than five years from the
execution of this agreement.
pow- 1taxwat EX7MNSION$
Failure of either party to insist on the 'strict performance of any of the terms
of this Agreement shall not be construed as a waiver or relinquishment of that
party's right. thereafter to strictly enforce any such term, but the same shall
continue in full force and effect.
CD lINDINQ K??ZCT .
OThis Agreement shall be binding upon the parties, their respective heirs, legal
Mrepresentatives, assignees, transferee* and successors.
O
pct-
Q7 BSCORDINO
This Agreement obeli be recorded with the Xing County Auditor as requested by
Chapter 35.91 RCN and the cost of said recording obeli be paid by the City.
ATTORNRT$• P'SS8
In the event that either party •hall commence litigation against the other in
order to enforce any term or condition of this Agreement, the prevailing party
in much litigation shall be entitled to recover ita costa, including reasonable
attorneys' foes.
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;ENTIRE AGREEMENT
This Agreement contains the entire undoretandiag between the parties hereto, and
no other agreement, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties hereto or to
have any other force or effect.
DATED this
CITY ,0
By: ,{
Its:
day of,Z ..
ATTEST/ADTHENTICA-
CND By:
Cr") ., APPROVED AS • ram:
.c- OFFICE OF TDB CITY ATTORNEY
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H : Cif �-+�
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193
Its: 32 s, T/^
State of Washington )
)os.
county of King )
THIS IS TO CERTIFY that on this 3 4aY of , 19 43, before •• ,`3
the undersigned, a Notary Public in and for • ha State of NaiEington, du
c.lanisoioned d sworn, personally appeared , to me-known to b. the
P f�- / of moo-STOP, IRCORpoRATED, Lodged that hs was
authorized to execute the instrument as the free and voluntary act and deed of
said corporation, for the uoee and purpooes therein mentioned.
WITNESS my hand and official seal this 30111day of lo:
HC►7 t13LY P • :t ic in end O�
State o / Washic gton
Residing at
)y appointmea
State of Washington
County of Xing
the
)ss.
TffiS IS TO CER TITr that on this day of 42LG - , 19 $7 3, before ms,
undarsignod, a Notary Public in and for the State of Was-5ington. duly
■coned and sworn, personally apps to be )mown to be the
of THE CITT or TIIxWt A, and aa)mow t ha was authorised to
azacute a instrument as the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned.
WITNESS my hand and official seal this 3 day of , 19f3 .
5
ate of Wash
siding at
Hy appointment asp
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EXHIBIT A
LOCATION OF NON -STOP, INC.
BUILDING SITE
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EXHIBIT A
Legal Description for
peon -Stop, Inc. Building Site
That portion of the West 100 feet of Tract 39, Riverside Interurban
Tracts, according to the Plat recorded in Volume 10 of Plats, page
74, in King County, Washington, lying East of the Easterly line of
Pacific Highway South-as conveyed to the State of Washington by
deed recorded under Auditor's File No. 1996812.
AND TOGETHER WITH Lots 4 and 5, Block 12, Riverton Addition per
Plat recorded in Volume 13 of Plats, page 36, records of King
County, Washington;
TOGETHER WITH that portion of vacated South 126th Street adjoining
the North line of said tracts, per VAC. ORD. 5904;
AND TOGETHER WITH that portion of lot 6, Block 12, said Riverton
Addition, lying East of the Easterly line of said Pacific Highway
South except the East 125 feet thereof.
01 North Parking Area
That portion of the West 100 feet of Tract 38, Riverside Interurban
O according to Plat recorded in volume 10 of Plats, page 74, in King
County, Washington; more particularly described as follows:
Beginning at the intersection of the south line of said Tract 38,
CD with the Easterly line of Pacific Highway South, as conveyed to the
State of Washington by deed recorded under Auditor's File No.
1996812; thence, North 12' 23' 12" West along said Easterly line,
203.50 feet more or less; thence North 89' 81' 12" East 120 feet
more or less; thence South 1' 40' 00" West along said East line 200
feet more or less, to the South line of said Tract 38; thence North
89' 21' 12' West, along said South line 57.55 feet to the point of
beginning
TOGETHER WITH that portion of vacated South 126th Street Adjoining
the South line of said Tract, per VAC. ORD. 5904..
LESS the North 125 feet thereof, along with easements for ingress,
egress, parking, landscaping, utilities, water and telephone lines
necessary to service the North 100 feet.
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