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Home My WebLink About19-131 - City of SeaTac - Justice Center Frontage Improvements19-131 Council Approval 9/3/19 AGREEMENT BETWEEN THE CITY OF SEATAC AND THE CITY OF TUKWILA FOR FEE IN LIEU OF MITIGATION RELATED TO CONSTRUCTING FRONTAGE IMPROVEMENTS IN MILITARY ROAD SOUTH RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE TUKWILA JUSTICE CENTER 7lhis Agreement is between the City of SeaTac ("SEATAC") in King County, a municipal corporation, organized under the laws of the State of Washington, and the City of Tukwila ("TUKWILA") in King County, a municipal corporation, organized under the laws of the State of Washington, for fee in lieu of mitigation of constructing frontage improvements in Military Road South right-of-way for the development of the Tukwila justice Center project. RECITALS WHEREAS, TUKWILA owns or is in the process of acquiring the 15000 block of Tukwila International Boulevard, located in the City of Tukwila, County of King, State of Washington, for the purposed of constructing the Tukwila Justice Center; and WHEREAS, four of these parcels owned by TUKWILA, identified as King County Parcel Numbers 004100-0514, 004100-0516, 004100-0480, and 004100-0494 abut Military Road South, which is in the public right-of-way located in the SEATAC ("Abutting Property"); and WHEREAS, TUKWILA is making certain improvements in association with the development of the Tukwila Justice Center on the above -referenced property ("Proposed Development"); and WHEREAS, in connection with the Proposed Development and as a condition, TUKWILA is constructing certain frontage improvements, including curb, gutter, sidewalk, landscaping, street lighting, and surface water management infrastructure along Military Road South ("Frontage Improvements") at TUKWILA's cost; and WHEREAS, the construction of the Frontage Improvements is required to mitigate a direct impact that has been identified as a consequence of the Proposed Development; and WHEREAS, pursuant to RCW 82.02.020, TUKWILA desires to enter into a voluntary agreement with SEATAC, in which TUKWILA will make a one-time payment to SEATAC in lieu of constructing improvements needed to mitigate the direct impact of the Proposed Development ("Mitigation Payment"); and WHEREAS, SEATAC and TUKWILA agree that a one-time payment made by TUKWILA to SEATAC will be used to mitigate the Proposed Development's direct impacts on Military Road South; and WHEREAS, SEATAC agrees that once payment has been made to SEATAC, and the payment has been utilized to mitigate impacts on Military Road. South, TUKWILA will not be responsible for constructing Frontage Improvements along Military Road South adjacent to the Abutting Property; and SeaTacriukwila Fee in Lieu Agreement (September, 2019) Page 1 WHEREAS, the parties desire to enter into this fee in lieu agreement so that SEATAC may apply the Mitigation Payment to SEA'FAC's Military Road South and South 152nd Street Capital Improvement Project that meets or exceeds the mitigation goals required of the Proposed Development, NOW, 'ffIEREFOR.E, in consideration of the mutual covenants of the parties contained herein, the parties agree as follows: PAYMENT IN LIEU OF MITIGATION Pursuant to RCW 82.02.020 as a voluntary agreement. '111KWILA hereby agrees and covenants to make a one-time Mitigation Payment to SEATAC, in the sum of 'Iwo 11undred Thirty -Eight Thousand Five Hundred Filly-'1hree and zero cents ($238,553), in consideration of SEATAC agreeing that acceptance of the above - referenced Mitigation Payment is in lieu of 'TUKWILA constructing frontage improvements along Military Road South. adjacent to TUKWILA's Abutting Property, as a condition of the Proposed Development. 1.2. 'File Mitigation Payment shall be remitted no later than thirty (30) calendar days after the date of execution of this Agreement. 2. FUTURE IMPROVEMENTS ALONG MILITARY ROAD SOUTH 2.1. STATAC and TUKWILA agree that the Mitigation Payment identified in this Agreement mitigates direct impacts of the Proposed Development. and that any frontage improvements later constructed in Military Road South, adjacent to TUKWILA's property, Will not be borne by TtlK WILA. 3. USE OF MITIGATION PAYMENT BY THE, cm/ 3.1. TUKWILA and SEATAC agree that the payment identified in Paragraph 1 above may he .used by SEATAC for improvements on SEATAC's Military Road South and South 152nd Street Capital hriprovement Project, and that such improvements will mitigate direct impacts that have been .identilled as a consequence of the Proposed Development. 4. AGREEMENT APPURTENANT AND BINDING ON SUCCESSORS 4.1. This Agreement and the covenants, conditions, and terms hereof shall be appurtenant to, and shall run with, the real property described in this Agreement, and shall be binding on the heirs, assigns, and successors in interest of It KWILA. SeaTac/Tukwila Fee in Lieu Agreement September, 2019) Page 2 5. CHOICE OF LAW 5.1. This Agreement shall be construed in accordance with the laws of the State of Washington. In the event of any litigation regarding construction or effect of this Agreement, or the rights of the parties to this Agreement, it is agreed that venue shall be King County, Washington. 6. COSTS TO PREVAILING PARTY 6.1. In the event that either party initiates any action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable costs and attorney's fees. 7. ENTIRE INSTRUMENT 7.1. This Agreement represents the entire understanding of the parties with respect to the matter set forth and herein and any prior or contemporaneous understandings are merged herein. This Agreement shall not be modified except by written Agreement executed by the parties hereto. 8. ENFORCEMENT 8.1. This Agreement is solely for the benefit of the parties hereto and gives no third - party right to any other entity or person. No joint venture is formed as a result of this Agreement. 9. AMENDMENT 9.1. This Agreement may not be amended except by a written instrument signed by both parties. 10. COUNTERPARTS 10.1. This Agreement may be executed in counterparts, each. of which shall be deemed an original agreement, and all of which shall constitute one agreement. The execution of one counterpart by a party shall have the same force and effect as if that party had signed all other counterparts. 11. INCORPORATION OF RECITALS 11.1. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if ...fully set .forth herein. Sea-lac/Tukwila Fee in Lieu Agreement (September, 2019) Page 3 1.2. NO THIRD -PARTY BENEFICIARIES 12.1. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall .have any third -party beneficiary or other right whatsoever under this Agreement. No other person or entity not a party to this Agreement may enforce the terms and provisions of this Agreement 13. SEVERABILITY 13.1. "Fhe provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the remainder of this Agreement, or the validity of its application to other persons or circumstances, shall not affect the validity of .the remainder of this Agreement, or the validity of its application to other persons or circumstances. 14. IlEA )INGS 14.1. '!he headings in this Agreement are inserted for reference only and shall not be construed to expand, limit, or otherwise modify the terms and conditions of this agreement. IN WITNESS WHEREOF, the parties hereby enter into this .Agreement as of the latest date written below. CITY OF SEATAC CITY OF TUKWI A Name: Carl C. Cole Title: City Manager/ Date: e) ',"1"! e' APPROVF D AS 1'0 FORM: Name: David Cline Title: Citv Administrator Date: (1 APPROVhD AS TO FORM: 1.?..siL,..CA,....i„( Name: MarleS. Johnsen Name: Rachel Turpin Title: Senior Assistant Citv Attorney Title: City Attorney SeaTtic/Ttil:\\ ila Fee in Lieu Agreement (September. 2019) Page 4