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Home My WebLink About1991 - Developer's Agreement - Associated Grocers - 9105090437 A C F1 154r DATE J 114 9 DEVELOPER'S AGREEMENT PJ�J�� L Y '1 `4 THIS" 6RE Ek 6T -'Iq,,made and entered into on lg, by a nd e tw n The City of Tukwila, a Washington municipal ee' corporation (hereinafter referred to as "the City") and Associated Grocers, Incorporated, a Washington corporation, (hereinafter referred to as "the owner".) 91/05zO9 #0437 1A RECD F 11.00 RE•FEE 2.00 W I T N E S S E T H CASHSL ***13.00 155 WHEREAS, the Owner is the owner of certain real property located generally as shown in Exhibit "All ("Property"), and WHEREAS, the Owner has applied for issuance of a building permit for the development of a refrigerated warehouse expansion of approximately 35,000 square feet to the existing warehouse located on the Property ("Project"), and WHEREAS, the development of said Property has created traffic impacts and the Project will necessitate the construction of certain off-site improvements adjacent to the Property consistent with current city standards and as further described herein ("Frontal Improvements"), and WHEREAS, the City intends to reconstruct the intersection of East Marginal Way and Boeing Access Road adjacent to the Property at an undertermined future time, NOW THEREFORE, in consideration of mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: IMPROVEMENTS. 1. The Owner has previously submitted to the City a traffic impact study which determined that the Owner's warehouse expansion Project (the "Project") has no significant traffic impact on the East Marginal Way-Boeing Access Road intersection. 0 It is, therefore, agreed that the Owner's obligation shall be limited to costs related to the frontal improvements as defined herein and adjoining the Property described in Exhibit "A 2. Provided that the City issues a building permit for the Project and Owner constructs the Project, Owner shall pay the cost for East Marginal Way frontal improvements including sidewalk, curbs and gutters, storm drainage revisions, fire hydrants, street lighting, paving, modification of the existing queuing lane for trucks entering Owner's property and related improvements including all engineering, construction, inspection and City administrative costs relating to said improvements (the "Frontal Improvements 3. The parties agree that the design of said Frontal Improvements cannot be determined until the design of the East Marginal Way- Boeing Access Road intersection has been determined, and further that the construction of the Frontal Improvements and O C the East Marginal Way- Boeing Access Road intersection should be O undertaken concurrently. It is, further, agreed by the parties that the City will undertake the design of the Frontal Improvements and the East Marginal Way- Boeing Access Road intersection and that the City will consult with the Owner to ensure the reasonable needs of the Owner are satisfied in the design. 4. The construction costs for the Frontal Improvements shall be determined by competitive bid with the costs for said improvements segregated from the costs for the East Marginal Way Boeing Access Road intersection. The City shall contract for construction of all Frontal Improvements and the East Marginal Way- Boeing Access Road intersection improvements. When the cost for the Frontal Improvements is determined and prior to the commencement of construction of said improvements, the Owner 2 r 0 shall pay to the City the total estimated cost including all engineering, construction inspection and City administrative costs related to said Frontal Improvements. Following completion of construction, final costs shall be determined and any balance due to either party shall be promptly paid. 5. Further, in connection with the Project, Owner shall construct an asphalt pedestrian pathway along the property frontage adjoining Airport Way South and Boeing Access Road. Said pathway shall be constructed in accordance with plans approved by the city. Said plans shall be included in the Building permit for the warehouse expansion Project. The pathway shall be completed and accepted by the City prior to issuance of a Certificate of Occupancy by the City for the warehouse expansion. t"9 Non- Waiver Extensions. Failure of either party to insist on O 0 the strict performance of any of the terms of this Agreement O 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. Bindina Effect. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. Recordina. This Agreement shall be recorded with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recording shall be paid by the Owner. Attornevs' Fees. In the event that either party shall commence litigation against the other in order to enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorneys' fees. 3 6. Entire Aareement. This Agreement contains the entire understanding 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 J2 20 day ot� /.l,_��id�i1 197/. CIT OF KWI ASSOCIATED GROCERS, INCORPORATED By: r Its: Its: ATTEST /AUTHENTICATED APPROVED AS TO FORM: 0 OFFICE OF THE CITY ATTORNEY 0 B y 7 Q C �,��a� State of Washington ss. County of King THIS IS TO CERTIFY that on this c day of 4L"/ 19ql before me, the un dersigned, a Notary Public in anVfor the State of oe�J commissioned and sworn, personally a pe ed to me known to be the of ASSOCIATED GROCERS, INCORPORATED, and acknowl ge that he was authorized to execute the instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. ITNESS my hand and fficial seal this day of d 19 NOTAIX� PUBLIC in for the State of Wa�t� Residing at My appointment expires: S2- /7 .9Z,, 4- 41 State of Washington ss. County of King Zvi THIS IS TO CERTIFY that on thisi Ay of 19_�EL, before me, the undersigned, a Notary Public i and /for the State of Washington duly commissioned and sworn, personally appeared 6"�'04-i Z. me known to be the A J of THE CITY OF TUKWILA, and acknowledged that he wds authorized to execute the instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. WI NESS my ha r and official seal this day of 1 NoTgq�►ARY PUBLIC in and for the PUBLIC ate of Washin "cP, 114V= Residing at cc �.9:.� My appointment e5kpires: C7 0 Lei 0 rl Q? 5 EXHIBIT A LW,t1,,(cj2U A.G. PERISHABLES BUILDING SX I'E "shat portion of the NW 114 of the S/W 1/4 of Section 3, Township 23 Nortb, Range 4 E ?5t, Willtttltette Meridian, in fang Co Wa d as f Cotzt(ltenciltg at Ow, intersection of the north line of said northwest 1/4 of the southwest 1/4 4vith a line parallel vvilb nand distant 600 feet, westerly, measured at. right angles, from the ccuterline of the Colitrabia and Puget Sound Railroad, as the saute was r) rigirtaily located anal Co rr~trrtrt.e d across said section, said point of c o m mencing being N380 07'59"W 527.84 'feet., as me sur along the saio n line, from the concrete rnonurttent at the point of inlersection of the carve tangents of the centerline of Airport Way ;South as conveyed to King County b deed recorded under Auditor' File No. 4208271; thence 5.21° 22'39" 13 painllel with the centerline of said Columbia and Puget Sound Railroad a distance of 200 feet to the. true point of begiiming; thence continuing S21' 22'39" l-' a. distance of 535 feet, more or less, to the westerly margin of .Airport Way ,S;�ut.h; thence southerly and westerly along said margin to the r3ortberly margin o Boeing Access Road; theno. sautberly and westerly along said northerly margin to the easterly M xuargin of :East J!� vginal Way South; thence northerly and westerly along said easterly ruaron to u point which beats S68° 37'2.1. "W a. distance of 890 feet, more or less, from the vt 0 tru p oint of beg inniDg; th ence N 68"37'21"E to the point of begin -nig. 0 0 Page 1 of 2 M�SG��bJ.vsn Sept. 19, 1990 x