HomeMy WebLinkAbout1980 - Development Agreement - Fostoria Park Associates / Storseth Robert E / Gordon Thomas W / Peterson Gordon / Peterson Jon C - 8005080440DEVELOPMENT AGREEMENT
THIS AGREEMENT executed this date in favor of the City of Tukwila, a
municipal corporation of the State of Washington (hereinafter called "City
FOSTORIA PARK ASSOCIATES, et al, partnership of the State of Washington,
Robert E. Storseth, Thomas W. Gordon and Jon C. Peterson (hereinafter collect-
ively called "Owner
W I T N E S S E T H:
WHEREAS, FOSTORIA PARK ASSOCIATES, is presently the owner in fee of the
property located in the City of Tukwila, described on Exhibit "X attached
hereto (hereinafter called "the Property
WHEREAS, the City's Department of Public Works has determined that in order
to provide for the public health, safety and general welfare with respect to
the subject Property and other property located in the vicinity of the Property,
one or more local improvement districts (hereinafter called "the Local Improve-
ment District may be formed for the purpose of improving South 134th Street
providing for arterial street improvements, and including but not limited to,
utilities such as power, undergrounding; sidewalks, storm* and sanitary sewers
and water services;
WHEREAS, Owner is willing to equitably participate in said Local Improve-
ment Districts in the event one or more such LID is created;
NOW, THEREFORE, THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
1. In the event the City finds that the creation of the Local Improve-
ment District is within the public health, safety and general welfare, and such
District or Districts include within its /their boundaries the property subject
to this Agreement, the Owner agrees to participate equitably in such Local
Improvement Districts, and hereby waives any right to protest the formation of
said LID or LID's.
2. In the event one or more Local Improvement Districts are formed and
Owner has already constructed, at its expense, improvements to its portion of
the street which conform with all applicable federal, state and local laws, rules
and regulations, then to the extent those improvements reduce the benefit to the
Property from the Local Improvement District, the Owner shall be given credit by
the City for purposes of evaluating the special benefit to the Property from the
Local Improvement District. In any event, the Owner shall not be assessed by the
City where the Property is not benefited by the Local Improvement District, but,
to the extent the Property does specially benefit from the Local Improvement Dis-
trict, the Property shall be assessed to pay its equitable share of the cost of
such project.
3. The City will, if all legal and administrative prerequisites are
complied with be the Owner, issue the street use and utility permits needed by
the Owner for the Property.
*The undergrounding of storm systems may include a storm pipe at the location of
the present ditch adjacent to the property line next to So. 133rd St.
4. This Development Agreement shall be recorded, and shall be binding
on all the parties to this Agreement and their heirs, successors, and assigns.
ATTEST:
DATED:
Clerk, City of Tukwila
Approved as to form:
City Attorney
Approved as to adequacy:
Department of Public Works
STATE OF WASHINGTON)
ss.
COUNTY OF KING
On this day of 1980 personally appeared agef
and
Mayir4 Partner respectively, of Fostoria Park Associates, the corporation
that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
tonRd, and on oath stated that they were authorized to execute said instrument.
Robert E. 5torse`�17
PJ
to me know to be the
Page 2
FOSTORIA PARK ASSOCIATES
By ,/w/_.
Ro bert E
ACCEPTED:
Mayor, City of Tukwila
ev
5 tor`s et* h.
By
N ry' Pull i c in and for the •Stat=e4u
Washington residing at a a��:.