HomeMy WebLinkAbout1993 - Letter Agreement - Puget Power Sound & Light / KOAR / Embassy Suites - 9309081286R 0 WO
F.
June 22, 1993
LETTER AGREEMENT RE
Embassy Suites Interurban Trail Easement
and Construction Provisions
The undersigned acknowledge and agree to the following:
1. In connection with acquisition by KOAR Seatac Partners,
L.P. "KOAR of an easement over 100.03 feet x 446.53 feet of A chment
the Puget Power right -of -way (the "Property as described in the r A
0 Amendment No. 2 to Easement by and between KOAR and the Puget
Power Sound and Light Company "Puget Power KOAR and Puget
Power recognizes some of the right -of -way area will be needed for
To such purposes as landscaping, utilities and a Public /Interurban
0) Trail (the "Trail easement described in Attachment B.
2. The public Trail easement width will vary from 13 to 16
feet as shown in Attachment B and such width and trail location
are to be approved by Puget Power in writing prior to
Q construction.
3. The Trail construction shall reflect the following
provisions:
A. KOAR shall be responsible for all costs of
construction of those segments shown as the responsibility of
KOAR or its agent as described in Attachment B and as described
in the Developer Agreement by and between the City of Tukwila and
KOAR Seatac Partners, L.P. dated June 29, 1989 "Developer's
Agreement
B. The City of Tukwila shall direct the timing and
design of the Trail construction, the City having provided
designs and a minimum notice to KOAR of sixty (60) days prior to
the required start date of the Trail construction;
C. The City of Tukwila shall be responsible for any
and all costs related to remaining trail segments, any trail
reconstruction and any reconstruction of private improvements
located within the pre- established Embassy Suites Hotel Project
limits due to its own actions or those of Puget Power;
D. KOAR agrees to provide the City of Tukwila a
consent agreement for temporary access as needed for the Trail
construction activities in accordance with the Developer's
Agreement as stated in Paragraph 3.A. herein, subject to the City
of Tukwila's obligation to restore the Property; and
30132317
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E. KOAR shall be responsible for costs of any trail
modifications, after the initial Trail installation /construction
due to any future improvements required by the Embassy Suites
Hotel facilities along the Public Interurban Trail right -of -way
as granted by Puget Power, with such modifications subject to the
City of Tukwila design and alignment approval as granted by Puget
Power.
4. All KOAR responsibilities established herein shall be
binding upon any future lessee or Owner of the Property.
PUGET SOUND POWER LIGHT COMPANY,
a Washington corporation
By: pC�11v--
Its Di R ?W AL O;t i a
KOAR SEATAC PARTNERS, L.P.,
a California limited partnership
By: KOAR SEATAC INVESTMENT PARTNERSHIP, L.P.,
a California limited partnership,
pi General Partner
By: KANEKOKOAR- SEATAC, INC.,
a California corporation,
General Partner.
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By: X
O Its TT
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CITY OF TUKWILA
By: f
Its
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30132317
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ATTACHMENT A
LEGAL DESCRIPTION OF THE ADDITIONAL PREMISES
[AMENDMENT NO. 2 TO EASEMENT AGREEMENT]
An easement for ingress, egress and accessory surface parking
over and across that portion of the 100 foot wide Puget Sound
Electric Railway right -of -way, as established by deed recorded
under Recording Number 2629432 and located in the Henry Meader
Donation Land Claim No. 46, Section 24, Township 23 North, Range 4
East, W.M., in King County, Washington, lying Southerly of the
following described Line 1 and Northerly of the following described
Line 2:
Line 1:
Beginning at the intersection of the Westerly margin of the said
Puget Sound Electric Railway right -of -way with a line which is
p 323.01 feet South (when measured at right angles) of the South
9margin of South 158th Street;
b
()Thence N 87 09' 42" E 100.03 feet to the Easterly margin of said
)Puget Sound Electric Railway right -of -way and the terminus of said
Line 1.
Line 2:
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Beginning at the intersection of the South line of South 158th
Street with the Westerly margin of said Puget Sound Electric
Railway right -of -way;
Thence Southerly along said Westerly margin 446.53 feet to the True
Point of Beginning;
Thence N 87 09 10" E parallel with the South line of South 158th
Street 100.03 feet to the Easterly margin of said right -of -way and
the terminus of said Line 2.
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DEVELOPER'S AGREEMENT
THIS AGREEMENT is made and entered into on .yc�_,
1989, between the CITY OF TUKWILA, a Washington municipal
corporation (hereinafter referred to as "City and EMBASSY
SUITES, INC., of Irving, Texas, as nominee for a business
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entity to be subsequently
formed (hereinafter referred
to as
"Developer
89/07/07
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RECD F
19.00
CASHSL
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WITNESSETH
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WHEREAS, Developer is
the successor in interest to
Gaelic
Management as lessee on a
Ground Lease of certain real
property
owned by Helen B. Nelsen
and located generally at the
southeast
corner of the intersection
of South 158th Street (Longacres
Way) and West Valley Highway which is legally described in
Exhibit A, and hereinafter referred to as "the Property and
WHEREAS, Developer anticipates making application for a
permit for construction of a hotel complex on the Property, and
WHEREAS, the development of the Property will create
traffic impacts which will necessitate the construction of
certain sidewalk improvements, a seventh lane on northbound
West Valley Highway, and associated channelization on
southbound West Valley Highway, and
WHEREAS, the development will be in the vicinity of a
comprehensive surface water management system known as the
Nelson Place %Longacres Drive Basin Drainage Study prepared for
a City by Kramer, Chin and Mayo (the "KCM Study and
DEVELOPER'S AGREEMENT Page 1
5 3 3 4 C 4/ L E H/ 3 F C
x
WHEREAS, the development will necessitate the extension of
a city water line which will benefit properties other than
those of Developer which may tap into or connect to said water
line, and
WHEREAS, the development will require additional public
storm drainage systems to accommodate development flows and
00
1-4 correct deficiencies in the existing drainage system serving
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this basin; and
WHEREAS, the development will create a need for public
pedestrian corridors including sidewalk systems to adjacent
public rights -of -way on West Valley Highway and South 158th
Street,
WHEREAS the development will also necessitate additional
studies and other land use actions,
NOW, THEREFORE, in consideration of the mutual benefits and
conditions hereinafter contained, the parties hereto agree as
follows:
1. RESPONSIBILITIES OF DEVELOPER.
1.1 Seventh Lane. Developer shall design, engineer
and construct, at Developer's sole cost and expense, a seventh
lane to meet City and Washington State Department of
Transportation standards allowing northbound traffic on West
Valley Highway to turn east on Longacres Way (South 158th
Street) and to provide additional capability for through
traffic northbound.
DEVELOPER'S AGREEMENT Page 2
5]]4C4/L6H /JFC
i
1.2 Left -Lane Channelization. Developer shall
design, engineer and construct at Developer's sole cost and
expense a left -lane channelization meeting City requirements to
provide for southbound traffic on West Valley Road to turn left
and enter into the southerly most entrance to the subject
Property. Provision shall also be made for six -inch raised
00 C -curb to prevent southbound left turns into the northerly
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entry. Preliminary plans for the improvements identified in
paragraphs 1.1 and 1.2 have been prepared and submitted by ABKJ
Engineers. Such improvements shall be constructed in
accordance with final plans to be submitted to City subject to
final review and approval by City.
1.3 Sidewalks and Setback. Developer shall design,
P engineer and construct at Developer's sole cost and expense
'J° sidewalks meeting City standards at the following locations:
1.3.1 Along the northerly edge of the Property at
the grade to be established for South 158th Street. Developer
shall provide a plan to construct a sidewalk and provide
associated easement adjacent to South 158th Street. The
easement may be limited to the term of the Lease between
Developer and Helen B. Nelsen. This sidewalk shall be
constructed in such a manner as to fit in with the final
profile of South 158th Street (as now on file with the City).
If upon review of the sidewalks, the Public Works Director
determines any portion of said sidewalk cannot then be built,
I
DEVELOPER'S AGREEMENT Page 3
5334C4 /LLH /JFC
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then the Developer shall pay the effective cost of construction
as of June 30, 1989, in cash, to City for construction by the
City in accordance with the City's plan within five years. The
cost of construction shall be determined by multiplying the
number of lineal feet from the edge of the sidewalk on West
Valley Highway to the eastern line of the Property, by the cost
of concrete sidewalk construction per lineal foot at the
sidewalk width specified by Tukwila codes. Payment shall be
made prior to issuance of a final certificate of occupancy and
shall be held in a fund by the City pursuant to RCW 82.02.020.
1.3.2 Along the west property line of the
Property within the public right -of -way adjacent to West Valley
Highway.
1.3.3 Building setbacks shall be measured from
the property line, not from the edge of any sidewalk easements.
1.4 Water Line Extension. Developer shall design,
engineer and construct, at Developer's sole cost and expense, a
12 -inch diameter watermain line from a tap located on the
Nendel's Hotel property terminating at a point on the property
to connect to the hotel. Developer shall not be obligated to
extend the water line so as to create a loop system. Subject
to the foregoing, said water line shall be constructed to City
standards, and the location and design of the water line shall
meet City approval.
DEVELOPER'S AGREEMENT Page 4
S134C4 /LtH /JFC
a
1.5 Future Storm Drainage LID. Developer
acknowledges that Developer's development will have a
cumulative impact on the storm drainage facilities in the area
of the Property. Developer acknowledges further that its
Property would be specially benefited by improvements to the
storm drainage facilities. Whether paragraph 1.6.1 or
paragraph 1.6.2 applies, Developer agrees not to protest the
formation of any local improvement district or utility local,
improvement district which is formed per the preliminary design
report for Nelson Place /Longacres storm drainage system by KCM
dated June 1, 1988, for the purpose of storm drainage
0 improvements. Developer agrees the storm drainage facilities
benefit the Property, and hereby waives the right to protest
the formation of any such LID or ULID, provided that Developer
retains the right to contest the method of calculating
assessments in such LID or ULID and the amount thereof to be
levied against the Property.
1.6 Interim Storm Drainage System.
1.6.1 If City acquires the easements necessary to
construct Phase I of the KCM Study before June 30, 1989, for
the interim storm drain from the Property to the 24" diameter
culvert to Longacres adjacent to the westside of the railroad
track, Developer, at its sole cost and expense, will construct
Phase I as a condition of receiving its final certificate of
occupancy. Under these circumstances, Phase I would not be
DEVELOPER'S AGREEMENT Page 5
533464 /LEH /JFG
part of any future LID or ULID.
Phase I is described in the
KCM Study and consists generally of the construction of a swale
and culvert storm drainage along South 158th Street from the
Property to the western edge of the Burlington Northern
right -of -way. Thereafter, the drainage will be in an open
ditch extending to the north on the western edge of the
Burlington Northern right of way until it reaches the 24 -inch
culvert which passes under the Burlington Northern tracks.
1.6.2 If City has not acquired easements by
C.7
June 30,1989, then Developer shall be required to install a
storm drainage retention and detention system on the Property.
Preliminary plans for such system were submitted to City on
December 16, 1988 by ABKJ Engineers. Such system shall be
built in accordance with City Codes and the final plans Which
shall be subject to final review and approval by City. These
plans shall include submittal of an engineering report on the
existing private drainage system to which the development is
discharging which starts at the Developer's Property and
terminates on the west edge of the Burlington Northern
right -of -way. This report shall identify this private drain
system, evaluate its condition, and provide an analysis of its
capacity.
1.7 Dedication of Improvements and Right -of -Way
Maintenance. Bond. Upon completion of the new street
improvements, sidewalks, water line improvements and off site
DEVELOPER'S AGREEMENT Page 6
5)3{C4 /LSH /JFC
storm drainage improvements and approval of the same by City,
Developer shall dedicate, assign and convey these improvements
to City free from any lien or encumbrance. Also at such time,
Developer shall furnish to City a bond, letter of credit, or
other suitable security in an amount of fifteen percent (15
of the cost of the improvements approved by the Public Works
Department of the City and in a form approved by the City
Attorney guaranteeing the new street, sidewalks, water line
extension, and the storm drain improvements against defects in
CO workmanship and materials for a period of one (1) year from the
a-4
date of approval and acceptance of the same by City.
1.8 Payment of Latecomer's Fee for Water,. Developer
shall pay its fair share of the latecomer fees which shall be
in the amount of 18,470.00 for existing water facilities
constructed pursuant to a Developer's'Agreement between City
and Nendel's Tukwila Associates, dated May 6, 1987, and
recorded under King County Auditor's File No. 8906010676
provided further that if the Poon project is begun prior to the
Developer's project, in lieu of the requirements in
paragraph 1.4, Developer may be required to pay for a portion
of Poon's water line extension under a latecomer's agreement,
but in no event shall Developer be required to pay more than
the cost of extending the water line as set forth in
paragraph 1.4.
DEVELOPER'S AGREEMENT Page 7
S I) 4 C 4/ L Q H/ J i C
2. RESPONSIBILITIES OF CITY.
2.1 Benefited Area and Assessments Facilities. The
water line extension and the storm drain line to be constructed
by Developer, will directly benefit certain property not owned
by the Developer which cannot be legally described until the
extent of the improvements has been determined. Pursuant to
Chapter 35.91 RCW, the Developer agrees to develop a latecomers
agreement, to be approved by the City, to reimburse Developer
for its costs on a pro rata basis by assessing any owner of
W-4 real estate located in the benefited area who does not
contribute to the original cost of the facilities to be
constructed by the Developer under this Agreement and who
0
subsequently taps into and /or uses said facilities. The
agreement is to be developed when the extent and cost of'the
facilities constructed by Developer are known. The pro rata
share for any one parcel of real estate contained within the
benefited area shall be computed by the Developer subject to
approval by the City Engineer. The pro rata share for each
parcel shall be shown on exhibits to be attached to the
agreement. The City agrees to pay Developer all said sums
collected within sixty (60) days after receipt thereof, less
reasonable costs of administering the Agreement, until the
total of said payments equals the cost of constructing the
facility less Developer's pro rata share, or when fifteen (15)
DEVELOPER'S AGREEMENT Page 6
S134C4 /LZH /JFC
years from the date of the Agreement have elapsed, whichever
shall occur first.
2.2 Surface Water Management System. City shall
proceed with the development, design, engineering and
construction of a surface water management system generally
described as the "KCM Study which will ultimately be
incorporated within an LID or ULID.specially benefiting the
subject Property.
00 3. TRAIL IMPROVEMENTS Interurban Trail. If City
approves surface parking, including the Puget Sound Power
r
Light Company "Puget Power tract, and Developer obtains
approval for and elects to proceed with such surface parking,
1 then Developer will contract with Beck and Baird, 3414
Northeast 55th Street, Seattle, Washington 98105, to conduct a
study of alternative trail routes as set forth in their letter
to Donald R. Williams, Director Parks and Recreation
Department, City of Tukwila, dated October 28, 1988. The cost
of this study to Developer shall not exceed Nine Thousand Two
Hundred Sixty Dollars ($9,260). Developer shall contract with
Beck and'Baird only if Developer elects to seek approval for
and, if approved, construct the project with surface parking on
the Puget Power tract. The study shall evaluate alternative
routes and recommend a route based on pros and cons of each.
City shall select the desired route in a timely manner.
DEVELOPER'S AGREEMENT Page 9
S114C4 /L[H /JFC
If Developer acquires rights over the Puget Power
property to the east for parking and a surface parking plan is
approved by City, and if the City selects a route for the
proposed trail through the Puget Power Property, then Developer
shall design and construct the parking area to accommodate a
twelve -foot (12') interurban trail across the Puget Power
property if required by City per City design instructions.
City will assist Developer in negotiating with King County to
C,7 obtain abandonment or restriction of its easement to a
described twelve -foot (12') width depending upon the selected
trail route; provided, however, at the time the trail is
constructed, Developer will grant to City a temporary
construction easement an additional eighteen (18') feet in
width at a location to be determined by City, to provide a
reasonable time for construction of the trail.
4. TIME OF COMMENCEMENT AND COMPLETION. Construction of
the street improvements, sidewalks and surface water detention
and retention system and the water line extension to be
constructed by Developer under the terms of this Agreement
shall commence within two years after this Agreement has been
signed by both parties, and shall be completed prior to
issuance of final inspection or certificate of occupancy.
5.* BUILDING CODES AND VESTING. The project shall be
vested as provided by case law in the state of Washington upon
the filing of a building permit application completed
A
s
DEVELOPER'S AGREEMENT Page 10
S 1 1 4 C 4/ L E H/ 3 F C
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substantially in accordance with applicable codes, regulations,
ordinances, and other applicable laws. The City and Developer
agree that the project shall be reviewed under the 1988 Edition
of the Uniform Buiding Code as the same may be amended by
ordinance.
6. NONWAIVER EXTENSIONS. Failure of either party to
insist on the strict performance of any of the terms of this
GD Agreement shall not be construed as a waiver or relinquishment
of that party's right thereafter to strictly enforce any such
J
term, but the same shall continue in full force and effect.
7. BINDING EFFECT. This Agreement shall be binding upon
cT?
Qp the parties, their respective heirs, legal representatives,
assignees, transferees, and successors. This agreement runs
with the land. Developer may assign this agreement without
l� notice to or consent by the City of Tukwila.
8. RECORDING. This Agreement shall be recorded with the
King County Auditor and the cost of said recording shall be
paid by Developer.
9. ATTORNEY 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 attorney fees.
10. EFFECTIVE DATE. The responsibilities of Developer
under this Agreement are contingent upon the issuance of a
DEVELOPER'S AGREEMENT Page 11
5 3 3 4 C 4/ L E H/ J F C
J0
building permit for the project. No obligation will arise
until the issuance of the permit. If Developer elects to
proceed with any of the improvements set forth herein before
the issuance of the building permit and after installation of
the improvements elects to abandon its hotel project,
Developer, its successors and assigns are entitled to the
benefits set forth in this Agreement related to latecomer's
agreements. Except as set forth in this section, this
Agreement shall become null and void if the project is
abandoned by the Developer or if a completed building permit
application is not filed by December 31, 1989.
DATED: 1989.
CITY OE TUKWILA OWNER
B EMBAS &ven ES NC
Y
PVB
S Schul tz
ATTEST /AUTHENTICATED Its Vice President of Development
By hc �e By
Its S e retary Its I?an F. Nicol Secretary
APPROVED AS TO FORM:
OFFICF OF THE CITY AT ORNEY
By
DEVELOPER'S AGREEMENT Page 12
5 3 3 4 C 4 L X H I F C
STATE OF WASHINGTON
ss.
COUNTY OF K I N G
I certify that there appeared before me a persons that I
know or have satisfactory evidence were GARY L. VAN DUSEN and
MAXINE ANDERSON, who signed this DEVELOPER'S AGREEMENT, on oath
stated that they are authorized to execute the instrument and
acknowledged it as the Mayor and City Clerk of the City of
Tukwila to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
DATED: 1989.
Notary Pub 'c
of Washington,
My appointment
STATE OF TEXAS
ss.
COUNTY OF DALLAS
in and for the Si
residing expires
I certify that there appeared before me a person that I
know or have satisfactory evidence was STEVEN T. SCHULTZ, who
signed this DEVELOPER'S AGREEMENT, on oath stated he is
authorized to execute the instrument and acknowledged it as the
Vice President of Development of EMBASSY SUITES, INC., to be
the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED: 1989.
,►ar,•�,t BERYL R. SHUGA z:
C4- Notary Public Notary P blic in and foci the State
STATE OF TEXAS of T anc as res id,ing at My Camm. Exp. Nov. 12 19M My appointment expires -i 1 .x.f
DEVELOPER'S AGREEMENT Page 13
S314C4 /LIH /JFC
L.
THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46, SECTION 24,
TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING EAST OF THE EASTERLY LINE OF STATE HIGHWAY NO. 5M (S.R.
181), KNOWN AS WEST VALLEY HIGHWAY, AND WEST OF THE WESTERLY LINE OF THE
PUGET SOUND POWER AND LIGHT CO. RIGHT OF WAY (SEA -TAC P.S.E. RAILROAD),
SOUTH OF THE SOUTH LINE OF ROAD EASEMENT KNOWN AS SOUTH 158TH STREET AND
ALSO KNOWN AS LONGACRES WAY AND NORTH OF A LINE 446.38 FEET, SOUTH AND
PARALLEL, WHEN MEASURED AT RIGHT ANGLES, TO SAID SOUTH LINE OF SOUTH
158TH STREET; AS DELINEATED AND DESCRIBED ON CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NO. 88 -4 -BLA RECORDED UNDER RECORDING NUMBER 8809301116.
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THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46, SECTION 24,
TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON, LYING EAST OF THE EASTERLY LINE OF STATE HIGHWAY NO. 5M (S.R.
181), KNOWN AS WEST VALLEY HIGHWAY, AND WEST OF THE WESTERLY LINE OF THE
PUGET SOUND POWER AND LIGHT CO. RIGHT OF WAY (SEA -TAC P.S.E. RAILROAD),
SOUTH OF THE SOUTH LINE OF ROAD EASEMENT KNOWN AS SOUTH 158TH STREET AND
ALSO KNOWN AS LONGACRES WAY AND NORTH OF A LINE 446.38 FEET, SOUTH AND
PARALLEL, WHEN MEASURED AT RIGHT ANGLES, TO SAID SOUTH LINE OF SOUTH
158TH STREET; AS DELINEATED AND DESCRIBED ON CITY OF TUKWILA BOUNDARY
LINE ADJUSTMENT NO. 88 -4 -BLA RECORDED UNDER RECORDING NUMBER 8809301116.
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