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Home My WebLink About2008 - First Amendment Agreement - Wig Properties LLC-SS - 20080103001006CITY OF TUKWILA DOCUMENT RECORDING COVERSHEET Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 20080103001006 CITY OF TUKWIL AG 48.00 PAGS001 OF 007 01!03!2008 14:09 KING COUNTY, WA Document Title(s): 1) Development Agreement By and Between the City of Tukwila and Wig Properties LLC -SS, for the Southcenter Square Develorxrpnt_ 2) First Amendment to Devel QpMeat Aga2APrrlent T ntj Lett' g;Agn tho c ty G) f Tukwila and Wig Properties LLC -SS for the Southcenter Square Development. Parties: City of Tukwila Other: Last Name First Name Initials Wig Properties -SS Company Name (if business) =4811 134th Place SE Address Bellevue, WA 98006 City State Zip Code Assessor's Property Tax Parcel/Account Numbers(s): N/A /+65 G 6 0 V`0 Contract AG06 -082 Approved by City Council on 9/6/06 Resolution 1610 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND WIG PROPERTIES LLC -SS, FOR THE SOUTHCENTER SQUARE DEVELOPMENT L PREAMBLE THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT is made and entered into this I I day of D2Cevnb1?-k 2007, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Wig Properties, LLC -SS, a limited liability company, organized under the laws of the State of Washington, hereinafter the "Developer" and modifies that certain Development Agreement between the City and the Developer dated September 1 2006. References in this first amendment to the Development Agreement shall refer to the Development Agreement as modified by the terms of this first amendment unless the context requires otherwise. To the extent the terms of this first amendment are inconsistent with the other terms of the Development Agreement, the terms of this first amendment shall control. Unless specifically stated otherwise, all capitalized terms in this first amendment shall have the same meaning as defined in the Development Agreement. II. RECITALS WHEREAS, the Development Agreement requires the Developer to, among other things, dedicate to the City the easterly 24.5 feet of the Subject Property and complete "half street" improvements thereon along the eastern border of the Subject Property "East Half Street to support the City's continuous and comprehensive street network consistent with Comprehensive Plan Policy 10.3.2. WHEREAS, an Easement dated August 30, 1967 and recorded under King County Recording Number 627103 burdens the easterly thirty (30) feet of the Subject Property "Easement Area for the benefit of property northerly adjacent to the Subject Property "Northerly Parcel WHEREAS, the City and the Developer have determined that the storm and sanitary sewer lines currently installed in the Easement Area service the Northerly Parcel (the "Existing Utilities and can not economically or practically be relocated unless and until the Northerly Parcel is redeveloped and the lines are abandoned. WHEREAS, the City prefers not to accept dedication of the East Half Street as a public right of way until the Existing Utilities are formally abandoned. s WHEREAS, the Developer is willing to defer dedication of the East Half Street to the City until such time as the City is prepared to accept the dedication. WHEREAS, the City and the Developer agree that each has entered into this Agreement knowingly and voluntarily and agree to be bound by the terms and conditions of this Agreement; and WHEREAS, this first amendment is a modification to the agreement as allowed pursuant to section 11 of the Development Agreement and must be approved by the Mayor; and NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto agree as follows: III. AGREEMENT Section 1. Modification of Terms. A. The following subsection of Section 8, A of III. Agreement of the Development Agreement is modified to read as follows: f) New Half Street Dedication and Improvement. In order to comply with Comprehensive Plan policy 10.3.2, which discusses supporting the development of a continuous and comprehensive street network that allows a range of travel route choices, etc., the Developer agrees to dedicate 24.E feet for right of way and to install "half- street" improvements along the subject property's north and east perimeter. The half street improvements shall be constructed per the City of Tukwila Infrastructure and Design Standards and shall consist of channelization, striping, utilities, travel lanes, curb, gutter, landscaping, sewer, water, street illumination, and sidewalk; and as generally illustrated on Exhibit A and it is hereby agreed that this work has been completed. Notwithstanding the foregoing, the dedication of the East Half Street, as shown on exhibit A attached hereto, a_ nd the underground utilities contained therein, shall be deferred until such time that the City, in its sole discretion, requests. Until such dedication, the Developer shall maintain the East Half Street in accordance with City Standards. B. The following subsections of Section 8, B of III. Agreement of the Development Agreement is modified to read as follows: a) Storm Water The Developer will increase the size of the Subject Property's on -site detention to account for the new north and east half streets. The Developer will install water quality treatment facilities in the new public street right of way for the new north and east half streets and it is hereby agreed that this work has been completed. FIRST AMEN`TDMENT OF DEVELOPMENT AGREEMENT PAGE 2 OF 5 The existing storm drain lines on the north and east of the property serve the Northerly Parcel exclusively. b) Sanitary Sewer. The existing sanitary sewer line on the east serves the Northerly Parcel exclusively. C. The following subsections of Section 8, C of I11. Agreement of the Development Agreement is modified to read as follows: The City agrees to assume ownership and maintenance responsibilities following City Council approval of turnover of the public improvements, including the two new half streets and associated utilities, the new signal, and improvements in Minkler Boulevard and Southcenter Parkway, except as stated in the Right of Way Use Chapter (11.12.130 TMC.); provided, however, that the City shall defer assumption of ownership and maintenance responsibilities on the East Half Street until such time that the City requests the dedication be completed. Developer shall, upon written request of the City's Public Works Director, dedicate the East Half Street to the City (provided that unreasonable wear and tear of the East Half Street shall be repaired prior to such dedication.) Section 2. Survival. The Developer's obligations to maintain and dedicate the East Half Street shall survive the termination of the Development Agreement. FIRST AMENDMENT OF DEVELOPMENT AGREEMENT PAGE 3 OF 5 IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: CITY OF TUKWILA By Its 4 Its Mayor I'\ ATTEST: j By City Clerk APPROVED AS TO FORM: By City Attorney FIRST AMENDMENT OF DEVELOPMENT AGREEMENT PAGE 4 OF 5 STATE OF WASHINGTON) ss. COUNTY OF ki h On this H day of DeCem 2007, before me personally appeared Moon rr ohaA fe W16�, to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his/her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /s ed to execute said instrument. Z 0 F �AoTAA y Print name: {9 "(�D l�/�E �j✓ 1�� :0 U NOTARY PUBLIC in and for the State of PUM Washington 6, r° Residing at r Commission expires: 7 STATE OF WASHINGTON) ss. COUNTY OF On this j day of 2007, before me personally appeared 5-�� z C'� v, i' f and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the 0'1 of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. `,o; Print name: r NR V NOTARY PUBLIC in and for the State of Z Washington e �\C) 0 Residing at l c C -C tc, e 4 t s a Commission expires: 1,:) tz OF NN �z FIRST AMENDMENT OF DEVELOPIvSENT AGREEMENT PAGE 5 OF 5 J 0 zz VJ O C� 6 T S(1[1 s Z o �F 7 E N WW �,y 9 fi ul Q. ti Qz Q .i.9 fi z SJ G i r 4 o W. a� _Tans 9L06-'�0£Z9� N 90 v w -3 N�l� i3144t 1Y� m 3 g x N 7. a ;40 w 0^ ca AV u law OM1 s Z o �F 7 E N WW �,y 9 fi ul Q. ti Qz Q .i.9 fi z SJ G i r 4 o W. a� _Tans 9L06-'�0£Z9�