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Home My WebLink About1994 - Development Agreement - La Pianta Limited Partnership - 94052604419405260441 94-085 pF �1 DEVELOPER'S AGREEMENT Cii) is DEVELOPER'S AGREEMENT ( "Agreement ") is made by and between LA PIANTA '' LIMITED PARTNERSHIP, a Washington limited partnership ( "Owner ") and the CITY OF TUKWILA ( "the City"). RECITALS WHEREAS, Owner owns property located at 6101 South 180th Street, Tukwila, Washington (the "South 180th Site ") and located at 300 Andover Park West, Tukwila, Washington (the "Strander Site "); WHEREAS, City has granted Owner a permit to construct a 89,250 square foot retail building at the South 180th Site (the "South 180th Project "), and a permit to construct a 123,051 square foot retail building at the Strander Site (the "Strander Project "); and WHEREAS, as a condition of the permits for the South 180th Project and the Strander Project, Owner is required to contribute the sums of $89,839.00 and $169,782.00 respectively, representing a total traffic mitigation contribution of $259,621.00, based upon calculations made by City. WHEREAS, City's calculations were based upon estimated impacts of the South 180th Project and the Strander Project, to certain City of Tukwila intersections, including the intersection of Andover Park West and Strander Boulevard; WHEREAS, City wishes to have certain improvements at the intersection of Andover Park West and Strander Boulevard completed at this time; WHEREAS, Owner is willing to perform certain traffic mitigation work in exchange for receipt of credit toward traffic mitigation obligations; NOW THEREFORE, in consideration of mutual benefits, Owner and City agree as follows: 1. Owner's Obligations. Owner shall: a. Widen Andover Park West by removing existing curb, gutter and sidewalk along the East side of Andover Park West and thereafter constructing a new curb, gutter and sidewalk in such location as depicted generally on the sketch attached hereto as Exhibit "A" and as per the approved Street Widening Plan and Section, dated May 4, 1994 (the "Approved Street Widening Plans "). Exhibit "A" is attached hereto and incorporated herein by this reference. b. Widen Strander Boulevard by removing existing curb and gutter along the South side of Strander Boulevard and constructing a new curb and gutter as depicted generally on Exhibit A and as per the Approved Street Widening Plans. c. Relocate the two (2) existing traffic signals, one signal controller and associated electronics necessary to accomplish signalization for widening of Andover Park West and Strander Boulevard as depicted generally on Exhibit "A" and as per the approved Traffic Signal Modification drawings, Sheets 1 -4, prepared by David I. Hamlin & Associates, dated 4/93 (the "Approved Traffic Signal Modification Plans "). Fifty percent (50 %) of the costs of such work shall be attributable to Owner and the remaining fifty percent (50%) shall be obtained by the City from other developer contributions. d. Relocate any utilities (including street lighting but exclusive of existing Puget Power vaults, switch gears and transformers) as necessary to accomplish widening the East side of Andover Park West and the South side of Strander Boulevard as described above, and at the direction of the City. DEVELOPER'S AGREEMENT La Pianta Limited Partnership Page 1 QO•II NJ SOO SU003S A103 9NIX 4N 00 :03 :60 Itt0- 92S0t6 2. Owner to Receive Credit. Owner shall receive credit in an amount equivalent to the value of the work performed by Owner as described in Section 1 above, except that with respect to Section l.c. Owner's credit shall be equivalent to 50% of the value of such work "Owner's Credit City currently estimates such value to be $248,922.00, based upon the Approved Street Widening Plans and the Approved Traffic Signal Modification Plans (collectively, the "Approved Plans and the Unit Cost Breakdown, dated May 4, 1994, attached hereto and incorporated herein by this reference as Exhibit "B" (the "Unit Cost Breakdown Owner's Credit shall be determined by the Public Works Department of the City following completion of all work identified in Section 1 above, with adjustments for increases and decreases in quantities made based upon the unit prices set forth on the Unit Cost Breakdown. In the event the City requires over excavation due to the presence of poor soils or other currently unquantified work in the area of the agreed work, then the value of such over excavation or other work as directed by the City shall be included as part of Owner's Credit. Owner and City agree that Owner's Credit shall be applied as follows: a. first, to satisfy the $89,839.00 traffic mitigation charge for Owner's South 180th Project; b. second, to satisfy the Aear 82.00 traffic mitigation charge for Owner's Strander Project; and C. third, the remaining any) shall be available to Owner or its assignee, for a period of ten ('for application toward any future traffic mitigation obligations imposed by the City of Tukwila. If the amount of Owner's Credit is less than Owner's combined traffic mitigation contribution obligations ($259,621.00) then Owner shall pay to City the difference within thirty (30) days following notice from the Public Works Department of the City identifying the amount due. 3. Citv's Release of Existine Securitv. City currently holds a bond wherein Owner is the principal, securing Owner's obligation to provide a traffic mitigation contribution of $89,839.00 in connection with the South 180th Project Safeco Bond No. 5765458). Upon completion of Owner's obligations as set forth in Section 1 hereof and payment of any sum V required to be paid to City under Section 2, City shall release Safeco Bond No. 5765458. 4. Authorization. Each individual signing this Agreement on behalf of a corporation or local government represents that he or she has the necessary authority to execute this Agreement on behalf of such entity and that, in the case of a corporation, all necessary corporate action has been taken approving the execution of this Agreement. 5. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original but all of which shall co stitute one and the same instrument. DATED this /7 day of rA� 1994. "Owner" LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership By Metro Land Development, Inc., a Washington corporation, its General Partner BY: no M. A. Segal President "City" CITY OF TUKWILA By A lohn Vi Rants Its: Mayo DEVELOPER'S AGREEMENT La Pianta Limited Partnership Page 2 EXHIBIT A (Page 1 of 2) A STRANDER BLV. Mw cun ca"Mc can i LIMIT OF WORK i I B B I 1 J I I G� a t 1'1 LIMIT OF WORK aj I 1 DEVELOPER'S AGREEMENT La Pianta Limited Partnership Page 3 EXHIBIT A (Page 2 of 2) ICT L 90.0• (1/2 WIDTH RICNT —OT —WAY% 6 90.0' (1/2 WIDTH RICRT -0r —WATT =EW ALK y GSED;ITt L 29.0• 25.6' a.�' 'Y s.s• E aSTING CURB. GUTTER AND WIDENING SIDEWALX TO BE IMMOYED NEW MRS 2.0% 2.0% LJ ASPHALT CONCRETE(CLL9H 4 COMPAC® T87C313MSB ASPHALT— TREATED BASIL W COMPACM THICIOMS SECTION A STRANDER BLVD., NET y 90.0'1/2 WIDTH MCHT —OF —RAY 1 90.01 /2 WD7T8 RIGBT-0P —TEAT SMERAIX y 570.MG 4 29.6' 29.6' I' 6.5• A.5' MWMG CURB. GUTTER AND WIDENING SIDEWALK TO HE REMOVED oil 2.0% 2.0% 7 /F�q, L•, TlHcKN= K CDYPACTD B)• ASPHALT— TREATED BASS. 1 A E 0011PACII9 THICKNESS NEW CURB, GUTTER AND SIDEWALK Ir y SECTION B ANDOVER PARK WEST. DEVELOPER'S AGREEMENT La Pianta Limited Partnership Page 4 EXHIBIT B UNIT PRICE BREAKDOWN STRANDER AND ANDOVER PARK WEST 5/4/94 UNIT DESCRIPTION QUANTITY UNIT PRICE TOTAL MOBILIZATION 1 LS $26,300.00 $26,300 REMOVE EXISTING CURB 1,415 LF $2.50 $3,538 REMOVE EXISTING AC 157 SY $18.00 $2,826 SAWCUT 1,415 LF $3.00 $4,245 18" EXCAVATE TO SUBGRADE 939 CY $23.75 $22,301 8" ATB 822 TN $59.00 $48,498 4" ASPHALT PAVING 428 TN $62.00 $26,536 NEW CURB 1,294 LF $10.00 $12,940 NEW SIDEWALK 744 SY $32.00 $23,808 LANE MARKERS TYPE 1 2,101 EA $2.00 $4,202 PLAS. STOP BAR 100 LF $2.25 $225 CATCH BASING TYPE 1 5 EA $650.00 $3,250 CATCH BASIN TYPE 11 1 EA $2,000.00 $2,000 12" R.C. PIPE 228 LF $24.00 $5,472 18" R.C. PIPE 5 LF $48.00 $240 LUMIN. POLE RELOCATE 3 EA $1,725.00 $5,175 LUMIN. REMOVAL 1 EA $750.00 $750 FINISH CLEANUP 1 LS $3,000.00 $3,000 1/2 SIGNAL RELOCATION 1 LS $45,161.00 $45,161 1/2 SIGNAL DESIGN 1 LS $2,305.00 $2,305 CIVIL DESIGN 1 LS $6,150.00 $6,150 C) PROJECT TOTAL $248,922 tv DEVELOPER'S AGREEMENT La Pianta Limited Partnership Page 5