HomeMy WebLinkAbout1996 - Mitigation Agreement - Pearl Alvin MD - 9612190351 r 7r of TUKWILA
r';gCENTER BLVD.
!LA, WA 98181? MITIGATION AGREEMENT
THIS AGREEMENT is entered as of this lC de,ti 04 1996 by and
between the City of Tukwila (the "city and Dr Alvin Pearl, "owner
Recitals
1 Owner is the owner of the real property located at 401/405 Baker Blvd,
Tukwila, Washington and legally described on Exhibit A hereto (the "Property') Owner
desires to improve the Property with building improvements, a parking area, and related
improvements, substantially in accord with a site plan, application and environmental
checklist submitted November 2, 1995 (the "Project
2. The City has adopted a Sensitive Area Ordinance, TMC 18 45, et. seq (the
"SAO The SAO regulates, among other things, the development and improvement of
wetland property The Property contains a Type 3 wetland area of 4,480 square feet (the
"Wetland which the City contends is subject to the regulation of the SAO
3 The City has advised the Owner that he may not fill or otherwise disturb any
part of the Wetland without providing mitigation as required under the SAO
4. The City has agreed that the Owner will have met the mitigation
requirements of the SAO by the payment of the cost of on -site mitigation at the Property to
the City, for its use in creating, enhancing, or restoring wetlands on City -owned or
managed property The parties now wish to reduce their agreement to writing.
Agreement
V) 1. Recitals. The Recitals set forth above are hereby incorporated by reference
herein.
Q7
2. Mitigation Payment. Owner agrees to pay to the City a sum calculated as
set forth herein (the "Mitigation Payment for the purpose of creating, enhancing, or
tZ restoring wetlands and wetland buffer areas away from the Property, in place of and in full
M satisfaction of all mitigation requirements, including without limitation any requirement of
on -site mitigation and the development of a mitigation plan, set forth in the SAO or in any
other City ordinance or regulation concerning the development or disturbance of wetland
or other sensitive areas on the Property
(a) Calculation of Payment. The Mitigation Payment shall be in the amount
of 1.5 times the cost of replacing the existing vegetation in that portion of the Wetland to be
developed with substantially similar vegetation, plus the cost of excavation which would be
required to create a replacement wetland in area 1.5 times the wetland area to be filled at
the Property For the purposes of this Agreement, the parties have agreed that the cost of
replacement vegetation is $30 per square foot, the cost of excavation is $3.50 per cubic yard,
and the excavation of 250 cubic yards would be required to meet the terms of this
Agreement, all as set out in the memorandum of Gary Schulz, Urban Environmentalist,
dated February 22, 1996, and attached hereto as Exhibit B (the "Mitigation Report The
total cost is $2,89100
Page 2
(b) Time of Payment. The Mitigation Payment shall be due to the City on or
before the date of issuance to Owner of the final permit for the development of the
Wetland.
3. Use of Mitigation Payment. The City agrees to use the Mitigation Payment
for the creation, enhancement, or restoration of wetland areas within the same watershed as
the Property on City -owned or managed property
4. Improvement Right. In return for the Mitigation Payment, the Owner, its
successors, and assigns shall have the right to develop the wetland as necessary or desirable
to complete the Project; provided that any such development shall be undertaken in
accordance with all other applicable laws and regulations.
5. Voluntary Agreement. This Agreement is entered into voluntarily by the
City and by Owner
6. Miscellaneous.
(a) Governing Law This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington.
(b) Entire Agreement. This Agreement constitutes the entire Agreement
between the parties and cannot be changed or modified other than by a written agreement
executed by both parties.
(c) Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed an original.
(d) Attorney's Fees. In the event of any litigation, administrative
proceeding or similar proceeding to enforce this specific agreement after its execution, the
CID
prevailing party shall be entitled to its attorneys fees and costs from the losing party, at trial
and on appeal.
C110 CITY OF TUKWILA
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EXHIBIT A
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A PORTION OF LOT 8 k 9 OF ANDOVER INDUSTRIAL PARK PLAT NO 2 AS RECORDED IN VOLUME
11 OF PLATS APC3ES 68 t 69.
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