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HomeMy WebLinkAbout1989 - Developer's Agreement - Shamrock Investments - 8901120812 A 'C FIDE DATE /o? 1 9- 5 SHAMROCK DEVELOPER'S AGREEMENT WHEREAS► SHAMROCK INVESTMENTS, a General Partnership (hereinafter referred to as the "owner is the Owner of real property located in the City of Tukwila, Washington, commonly known as the Shamrock Center, the legal description of which is set forth in Exhibit A of this Agreement, attached hereto and incorporated herein by this reference as it is set forth in full, and t°1 WHEREAS, Owner has applied for approval of a building permit for the development of a commercial complex on the said property 0 under City File No. 99-af4 and j WHEREAS► the development of a commercial complex on the said property will generate traffic on S. 134th Street and the City has determined, as part of the environmental analysis of the project, that certain improvements to S. 134th Street are necessary to mitigate the impact of the project on the street, and WHEREAS, the City of Tukwila's adopted 6 Year Transportation Plan (1989 -1994) includes Project No. 20 South 134th Street (Project 84 -RW27) for street improvements for S. 134th Street fronting this development scheduled for construction in 1991 -1992, and WHEREAS► the City could, under the circumstances and pursuant to Ordinance No. 1158, as amended by Ordinance Nos. 1217 and 1233► require present construction or contribution toward construction by the undersigned of the following specific public improvement as one of the conditions of approval of said development permit, and WHEREAS, the City of Tukwila has on file the Fostoria Basin Drainage Study (May, 1986) identifying needed storm drainage improvements in S. 134th Street in the future, NOW THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the owners hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that if the City grants the Building Permit or other land use approval for which application has been made by the Owners hereto agree'as follows: 1. Street. Sidewalk Drainage Improvements to S. 134th Street Sidewalk Improvements on 47th Avenue South 89/01/12 #0812 D RECD F 10.00 CASHSL ***10.00 i 55 SHAMROCK DEVELOPER'S AGREEMENT PAGE 2 Development of the property described on Exhibit A will generate traffic which is likely to have an adverse impact unless improvements to S. 134th Street are made. Improvements are planned to S. 134th Street along the entire length of the Owner's property which will mitigate this impact and will allow development of the Owner's property. Said improvements consist of the addition of paving and curbs, gutters and sidewalks along the easterly side of S. 134th Street► along with associated drainage which will be per the Fostoria Basin Drainage Study (May, 1986). Also, per the City's Sidewalk ordinance, the development is also responsible for the construction of sidewalks and associated improvements for Owner's property described on Exhibit A for both S. 134th Street and 47th Avenue South to the extent the property fronts these public rights of ways. 6� a. In the event such street and /or sidewalk and /or storm drainage improvements should be ordered by the City pursuant to the creation of a local improvement district or districts, the Owners understand that the determination of benefit received and calculation of the assessment for the real property herein described may be adjusted to account. for any street and /or sidewalk and /or storm drainage improvements contributed by the Owners prior to the formation of the local improvement district(s), filed by or on behalf of the then owner of real property described herein. Owner agrees to participate in any local improvement district or utility local improvement district which is formed for the purpose of street and /or sidewalk and /or storm drainage improvements and hereby waives the right to protest the formation of any such LID or ULID, or any combination thereof. b. In the event that street and /or sidewalk and /or storm drainage improvements should be ordered by the City pursuant to the creation of a local improvement district, the Owners agree to defend and save harmless the City of Tukwila to any loss, damage or delay suffered by the City as a result of any protest to the formulation of such improvement district(s), filed by or on behalf of the then owner of the real property described herein. c. Nothing herein shall be considered as limiting the right of the Owners, pursuant to the provisions and procedures of RCW 35.44.080, to object to the amount of the assessment then proposed to be levied against said real property. d. In the event that the City develops plans for the final Street Improvements and /or sidewalk improvements and /or storm drainage improvements and determines the necessity to go forward with these public improvements through a public contract without formation of local improvement district(s), the owner shall receive prior notification to the letting of said contract and shall be SHAMROCK DEVELOPER'S AGREEMENT PAGE 3 liable for the ownership's reasonable proportionate share of said public improvements. Upon completion of these improvements, the development shall pay to the City that share of the actual costs and upon notification of these costs by the City► deposit with the City Finance Department these costs within thirty days of receipt of notification. e. Nothing herein shall be considered as in any way limiting the authority of the City of Tukwila to determine the necessity for public improvements nor the manner or method of providing the cost of construction of same. f. In lieu of the provisions of Paragraphs 1 -a through e C�@ above, at such time in the future as any combination(s) of said public improvements are determined by the City to be needed and are ordered by the City to be constructed, Owners will not oppose the ordered improvement(s). The Owners shall furnish plans and specifications designed in accordance with requirements of the Tukwila Municipal code and the Public Works Department for said project(s) at their sole expense. Upon review and approval of said plans and specifications by the City of Tukwila Public Works Department, the Owners shall construct said public improvements in accordance with the Tukwila Municipal Code, including obtaining the necessary permits and inspections, and furnish the City with required documentation along with a request for acceptance for turnover to the City in the format required by the Public Works Department. g. If the construction of said required improvements has not been substantially completed within eighteen (18) months from the date that the city gave Owners the order to design and construct the improvements, the City shall have the right to complete said construction. Owners shall reimburse the City for all labor, materials, equipment and other costs incurred in such work, within 30 calendar days of receipt of billings for such costs from the City. h. This Agreement shall be recorded in the records of King County and the covenants thereof shall run with the land. 2. Riaht of Wav Dedications alona S. 134th Street and 47th Avenue South Prior to issuance of any permits or final approval of the Development Site Plan for the subject development, the Developer will prepare and sign the necessary deeds and other transfer documents required in order to transfer title to the City of southwesterly 15 feet of the property fronting S. 134th Street and southeasterly 10 feet of property fronting 47th Avenue South as identified on the attached legal description and plan (Exhibit A). SHAMROCK DEVELOPER'S AGREEMENT PAGE 4 3. Construction of and Reauest for Turn Over of ProDosed Water. Main Extension in S. 134th Street The development shall construct the proposed 10" public water main as shown on Attachment B, to City standards, as part of the site development work for this project. Immediately after its construction, the Owner or his representative shall provide the city with a request for turn over of this facility along with the required documentation required by the Public Works Department. Such dedication shall have been completed and provided the Public Works Department prior to the issuance of a certificate of occupancy by the City for Shamrock Center. 4. Ton Waiver ExtensioUg Failure of either party to insist on the strict performance of any of the terms, agreements, and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, agreement or condition, but the same shall continue in full force and effect. If the Shamrock Center Development has not started the construction of their development within twenty -four months from the date of execution of this developer's agreement, it shall automatically terminate and all current and future parties shall loose all responsibilities, rights and privileges outlined within the agreement. 5. Bindina Effect This Agreement shall be binding upon the respective heirs, legal representatives, assignees, transferees and successors of each of the parties hereto. 6. Recordinq This Agreement shall be recorded with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recordation shall be paid by the owner. 7. Ear tire Aareemertt This Agreement contains the entire understanding between the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties thereto or to have any other force or to have nay other force or effect. SHAMROCK DEVELOPER'S AGREEMENT PAGE 5 It is further expressly agreed that in the event any covenant or condition or restriction herein above contained or any portion thereof is invalid or void, such invalidity or voidness shall in no way effect any other covenant, condition, or restriction hereinabove contained p DATED THIS l •7 DAY OF 19 OWNERS: EdwQrd J. 0'5u.II Iv0.t^ suLL- EJ s60LH C. asuLLLC. 11?3Q Q The foregoing Agreement is accepted by the City of Tukwila this D$ /9— day of Q ATTEST /AUTHENTICATION 4CI T K yJ R City Clerk r, City of Tukwila APPROVED AS TO FORM OFFICE OF CITY ATTORNEY BY: U STATE OF WASHINGTON) SS COUNTY OF KING Edward D'S c� iltva On this day personally appeared before me- orrc`�►�e C. O'S� �[►Vgt1 to be known to be the parties described in and who executed the within AGREEMENT and acknowledged that he /she signed and sealed the same as his /her free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF _7 e C C'm b er n 19 68 Notary Pu)61i in and for the State of Washington}...- e ing at _SHAMROCK DEVELOPER'S AGREEMENT PAGE 6 STATE OF WASHINGTON) )ss On this day personally appeared before me Gcurw L VaK DRse•h and Maxey► e. And evsav► to be known to be the M c'-w o r and Ct C(ea K of the CITY OF TUKWILA, the corpor- ation that executed the within and foregoing AGREEMENT and C acknowledged said instrument to be the free and voluntary act and deed of said corporations for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL THIS 1,9 DAY OF 19 ?F Notary Public in and for the t to of- Washington► residing at prf d r--A CITY OF TUKWILA SEWER, WATER AND STORM CAPITAL ASSET ACQUISITION INSTRUCTIONS: This form is to be completed anytime a capital item is acquired by the City. It is to be filled in as soon as possible and forwarded to the City Clerk with complete documentation for recording. NOTE: State law requires assets acquired from a special service district to be transferred by ordinance. TRANSACTION: 1. Developers Agreement: Name Shamrock Investments; City File #88 -286 #88 2 8� Council Action: (Res. No. Date: o, t( 2. Bill of Sale: mt. $1 �,uw From:o'sullivan construction Date4 /24/ [x Owner: Shamrock Investments 3. Other: txp gain ASSET DESCRIPTION: x 1 WATER SEWER STORM 180 l.f. 10" class 52 D.I.P. $4,860.00 850.00 690.00 1 6 gate vF1 I c2r, ify that to the best of my knowledge the above information is true and accurate. repar anag er Oate r -e oe a ceptance of the named asset(s) on behalf of the City. A l y Date Recquired for assets over $25,000 in value: By Council action at the regular meeting (date: of the Tukwila City Council, the above assets were accepted. Council President Date HIIL�d: Lity.Llerk Date Distribution: X Risk Manager Utility Asset Accounting Maint. Div. I, Utility x) Infrastructure File 2.00.19 (_x City Clerk (ORIGINALS) DOCUMENTATION ATTACHED List: (i.e., Bill of Sale, P.O., Receipts, Drawings, Materials List, Easements, Agreement, Permits) x Bill of Sale x List of Materials /Cost Ordinance /Resolution Easements x Devel. Agreement x Letter of Recommended x) Permits x Drawings Acceptance REQUEST FOR ACCEPTANCE OF IMPROVEMENTS Shamrock Investments has completed work for water main extension on South 134th Place. All according to plans and approved by the City of Tukwila, and we request at this time that the City of Tukwila accept these improvements. DatedL— Edward (J O'(Su Y 1 i van F- U LA k)P —atJ f. FROM'C1TY OF TUKWII_A TO: P^ 19, 1990 1: 43W P.06 x BTLL OF SALE KNOW ALL MEN BY TM1SE PRESENTS, That for valuable consideration, _SHAMROCK INVESTMENTS the Grantor, does hereby grant., bargain, convey and sell to the CITY OF TUKWILA, King County, Washington, a municipal corpora- tion, the Grantee, the following described irnprovements situa- ted in King County, Washington, and located within the easement right -of -way described on Exhibit A hereto as fa:lows: 180': 10" Class 52 D.I.Pipe $4,860.00. 3 —Gat e Va I v c� Gate -lam Mueller yd-r-afft--AE:2a% o O, 0-cj TOTAL: $1-0 2 2-6= 0.0— Together with any other appurtenances thereto. To have and to held the same to the said Grant_.., it successors and assigns forever. The undersigned hereby covenants that it is the lawful owner of said property; that the same is free from all encumbrances; that all bills for labor and material have been paid; that it has the right to sell. the same as aforesaid; that it will warrant and defend the same against the lawful claims and demand of all persons and will pay any costs, including reasonable attorney's FROM C 11 OF TUKW I LR TO: F' 19, 1990 1 43PM P.05 fees incurred by Grantee, arising out of any such claim or demand. The Bill of Sale is given in consideration of the agreement of the Grantee, for itself, its successors and assigns to incorporate said utilities in its utility system and to main- tain them as provided in the applicable City Ordinances. This ,Bill of Sala is given and accepted pursuant to a motion duly made, seconded and passed by the City Council of the City of Tukwila, King County, Washington, on the _d day of 1�. CITY OF T ATTFS`" City Clerk GRANTEE E and J. Su livan Lorraine C. O'Sullivan GRANTORS S OF WASHINGTON Ss. County of King On tILis, P day of c -Ma't-f 19_'p, before me, the undersigned, a Notary Fdblic iA/ and for the State of Wash'ngton, my commissioned and sworn, per so a11y a eared and known to me to r? the Mayor anc City erk,�ras�iectively, of CYT�' QF TUKWIT.A, the municipal. 2 corporation that executed the foregoing Bill of Sale and acknowledged said Bill of Sale to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said Bill of Sale. WITNESS my hand and official seal hereto affixed the day and year first above wr�;6 j' e ..�SIOIy v� NARY 9,;.0 a NOTARY PUBLIC in and for the State of Washington, residing at,��y,� N PUBLIC ;A 9 1 9,19g 0 Z�.� A SA STATE OF WASHINGTON ss. County of King On this 26 day of April, 1990, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Edward J. O'Sullivan and Lorraine C. O'Sullivan, known to me to be the Grantors for Shamrock Investments.