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HomeMy WebLinkAbout1987 - Developers Agreement - Jouflas Peter T / Jouflas Sandra H / Baker II John M / Baker Diana K - 8707270838DEVELOPER'S AGREEMENT THIS AGREEMENT is made and entered into this ,4,2 day of 1987, between_ the CITY OF TUKWILA, a .-1 Washington municipal corporation, (hereinafter referred to as the "City and PETER T. JOUFLAS, SANDRA H. JOUFLAS, JOHN M. BAKER II and DIANA K. BAKER or their successors, assigns or tenants (hereinafter referred to as the "Owner WITNESSETH WHEREAS, the Owner is the owner of certain real property zoned C -2 in the City located generally at the east side of intersection of Strander Avenue and West Valley Highway, known as Lots 1 and 2 of Short Plat 84 -85 recorded under King County A.uditor's File No. 8702039008; and WHEREAS, Owner has requested building permits for develop- ment of Owner's properties; and WHEREAS, before annexation to Tukwila, Owner previously subdivided the property and dedicated a ninety foot roadway to Renton which now belongs to the City; and WHEREAS, the development of Owner's properties will necessi- tate certain improvements in the property which will require approval of the City; NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. RESPONSIBILITIES OF OWNER. 1.1 Extension of Strander. Owner will construct, at Owner's sole expense, a partial and temporary extension of Strander Avenue eastward from the intersection of West Valley Highway. This extension shall be constructed to the extent required by Owner as a common driveway access to both Lots 1 and 2 off of West Valley Highway. 1.2 Signalination. Owner will construct at Owner's sole cost the resignalization designed by David I. Hamlin and Associates which has been approved by the Washington State Department of Transportation for this intersection. 1.1 Seventh Lane. Owner will construct at Owner's sole cost a seventh lane to be added to West Valley Highway along the westerly boundary of Lot 1 in the existing highway right of way. This improvement will facilitate ingress and egress to Lot 1. Owner agrees to assume all responsibility for design, engineering, and construction costs related to that seventh lane. 1.4 Sidewalks. Owner shall design and construct at Owner's sole cost sidewalks, curbs, and gutters meeting City standards along the westerly boundaries of Lots 1 and 2. Owner will Grant such easements to the City as are necessary for these sidewalks. -2- 1.5 Water Line Extension. Owner will design and construct an eight (8) inch water line from the northerly 00 boundary of Lot 1 to the southerly boundary of Lot 2. Said water line shall be constructed to City standards. If economi- f4 cally feasible, this water line may be constructed in the right of way or just behind the curb. If not so feasible, it may be 00 constructed as close to the street or under the sidewalks as is feasible. Owner has already granted easements to the City for this water line, and those easements will be altered as neces- sary. 1.6 Dedication of Improvements Maintenance Bond. Upon completion of the improvements listed. in 1.4 and 1.5 above, the Owner will dedicate and convey those improvements to the City, free of any lien or encumbrance. The easements shall also be granted as stated herein. At that time, Owner will furnish to the City a maintenance bond or other security in an amount approved by the Public Works Department of the City and in a form approved by the City Attorney, guaranteeing the new improvements against defects in workmanship and materials for a period of one (1) year from the date of approval and acceptance of the same by the City. 1.7 Future Storm Drainage LID. Owner agrees to participate in any necessary local improvement district or utility local improvement district which is formed for the purpose of storm drainage improvements and hereby waives the right to protest the formation of any such LID or ULID, pro vided, that Owner retains the right to contest the method of calculating assessments in such LID or ULID and the amount thereof to be levied against Owner's property. 2. RE_.SPONSIBILITIES OF CITY. 2.1 Costs of Moving Power Poles. During the con- struction of the improvements stated above, the City agrees to cause the existing power poles along West Valley Highway on the west sides of Lots 1 and 2 to be moved back onto the City's sidewalk easement. This movement will be coordinated with Owner's contractor to optimize the construction of the improve- ments. 2.2 Benefited Area and Assessments Water Facilities. The water line extension to be constructed by Owner may directly benefit certain property not owned by the Owner by enabling and facilitating development thereof. Pursuant to Chapter 35.91 RCW, the City agrees to assess any owner of such real estate who does not contribute to the original cost of the water line to be constructed by the Owner under this Agreement and who sub- sequently taps into and /or uses said facilities, a fair pro rata share of the cost of constructing the water line extension constructed by the Owner. The City agrees to pay Owner all said sums collected within sixty (60) days after receipt thereof, less costs of administering this Agreement until the total of said payments equals the cost of constructing the water line less Owner's pro rata share or fifteen (15) years from the date of this Agreement have elapsed, whichever occurs first. The City and Owner agree to execute a separate Latecomer's Agreement at such time as the actual costs of the water line are known. 3. Time of Commencement and Completion. Construction_ of the improvements to be constructed by Owner under the terms of this Agreement shall commence within 365 days after this Agree- ment has been signed by both parties and shall be completed or bonded prior to issuance of any certificate of occupancy for development on Lot 1 or Lot 2. 4. Non- Waiver Extensions. Failure of either party to insist on the strict performance of any of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. 5. Binding Effect. This Agreement shall be binding upon the parties, their _respective heirs, legal representatives, assignees, transferees and successors. 6. Recording. This Agreement shall be recorded with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recording shall be paid by the Owner. 7. Attorneys' Fees. In the event that either party shall commence litigation against the other to enforce any term or condition of this Agreement, the litigation shall be entitled to recover its costs, including reasonable attorneys' fees. prevailing party in such 8. Entire Agreement. This Agreement supersedes any previous municipal agreements regarding design, installation_ or bonding of any improvements by Owner on Owner's property. 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 hereto or to have any other force or effect. DATED this day of i'. CITY OF TUKWILA: 1 1 4r ATTEST /AUTHENTICATED: PE R T B 6 -y City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY STATE OF WASHINGTON DS, COUNTY OF KING „THIS IS TO CERTIFY that on this day of 196 before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came PETER T. JOUFLAS personally known or having presented satisfactory evidence to be -6- SANDRA H. JOUFLAS,-' iN JOHN DI. BAKER II DIANA K. BAKER 1987. the individual described in and who executed the within instru- ment, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein men- tioned. WITNESS MY HAND and official seal the day and year in this certificate first above written. STATE OF WASHINGTON COUNTY OF KING STATE OF WASHINGTON ss. ss COUNTY OF KING -7- Expiration Date: NOTARY PUBLIC in and for the State o Washington, residing at THIS IS TO CERTIFY that on this day of 19 (57 before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came SANDRA H. JOUFLAS, personally known or having presented satisfactory evidence to be the individual described in and who executed the within instru- ment, and acknowledged thatshe signed the same as her free and voluntary act and deed for the uses and purposes therein men- tioned. WITNESS MY HAND and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for the State of1Washington, residing at Expiration Date:- 4` "`f' n. lG THIS IS TO CERTIFY that on this day of 19 S'2, before me, a Notary Public in and for th State of Washington, duly commissioned and sworn, came JOHN M. BAKER II personally known or having presented satisfactory evidence to be the individual described in and who executed the within instru- ment, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein men- tioned. WITNESS MY HAND and official seal the day and year in this certificate first above written. STATE OF WASHINGTON COUNTY OF KING 1695B -17B ss. NOTARY PUBLIC in and for the State of Washinaton, residing at Expiration Date: THIS IS TO CERTIFY that on this._'- day of :_./e, 19 f7 before me, a Notary Public in and for tyre State of Washington, duly commissioned and sworn, came DIANA K. BAKER personally known or having presented satisfactory evidence to be the individual described in and who executed the within instru- ment, and acknowledged thatshe signed the same as her free and voluntary act and deed for the uses and purposes therein men- tioned. WITNESS MY HAND and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for the State of ;Washington, residing at Expiration Date: -R- ;Y f,,f =rte i