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HomeMy WebLinkAbout1974 - Developers Agreement - Doces G John / Doces Sophia / Lincoln Property Company - 7407120479DEVELOPERS' AGREEMENT -1- kAN- The City of Tukwila, a municipal corporation in the State of Washington, hereinafter referred to as "City," and G. John Doces and Sophia Doces, his wife, and Lincoln Property 407f Company, hereinafter referred to as "Developers," agree as follows: WHEREAS, Tukwila operates and maintains within its bondaries a system of sewage disposal and a storm drainage system, all within its boundaries, which can serve the property of the Developers, and WHEREAS, The City of Tukwila has a comprehensive storm drainage plan, a comprehensive sanitary sewer plan and minimum standards for the control and design of storm and sanitary sewer facilities within the City, and WHEREAS, The developers desire to construct certain sanitary sewage facilities consisting of a 15 -inch smooth -flow sanitary sewer pipe as described in the Sanitary Sewer Comprehensive Plan of the City of Tukwila, located on South 180th Street extending from the existing facility at South 180th Street and Andover Park West, West to South 180th Street and Southcenter Parkway, and certain storm drainage facilities consisting of a 54 -inch smooth -flow storm sewer pipe as described on the Storm Sewer Comprehensive Plan of the City of Tukwila, located on South 180th Street beginning at the existing 60 -inch storm sewer pipe at the Northwest corner of Andover Park West and South 180th Street and extending westerly to the existing 36 -inch culvert located approximately 350 feet East of the intersection of South 180th Street and Southcenter Parkway, all at their own expense, to serve a portion of their property, for connection with, delivery to and operation by the City, said improvements being hereinafter called "The Development," NOW, THEREFORE, IT IS AGREED: 1. The land or real property for which The Development is requested and to which this agreement applies is real estate in Tukwila, Washington, described in Exhibit A attached hereto which is by this reference made a part hereof as if set out in full. 2. The Developers shall deliver to the City the plans and specifications for The Development. The plans and specifica- tions for the Development shall be according to the standards established by the City and its engineers. Said plans and speci- fications shall be in conformity with all applical Federal and State statutes and City ordinances and in the event there are no applicable ordinances or statutes, all installations shall be in accordance with good and workmanlike methods as set forth by the Public Works Director of the City of Tukwila. Plans and specifications shall be presented to the City at least 30 days prior to commencement of construction. 3. No construction shall be commenced before the City has notified the Developers in writing that the plans and speci- fications have been approved. 4. The City shall perform all inspection of The Development and no development facilities shall be covered up prior to inspection. If any work should be covered up prior to inspection it must, if required by the Public Works Director, be uncovered for examination. Developers agree to comply with all of the City's reasonable inspection requirements. Developers shall maintain at the construction area at all times during con- struction a representative to whom the City's notices may be given during construction. Said representative shall be desig- nated in writing by the Developers. 5. Upon completion of construction and upon the certi- fication from the Public Works Director that The Development meets the minimum standards of the City, Developers shall convey all permanent facilities of The Development, together with necessary easements, to the City. Said easements shall be for general utility construction. 6. Work on The Development shall commence not later than 90 days from the date of execution of this agreement. Developers shall give the City notice not less than 7 days prior to commencement of the work to enable the City to schedule inspection personnel. After the work is commenced, it shall be 0-- vigorously, consistently and in a first class, workmanlike CD CD manner, carried to completion. CQ 7. Prior to commencing construction, Developers shall CD deliver to the City a performance bond equal to the total estimated cost of The Development. The bond shall be condi- tioned upon complete performance by Developers of the terms of this agreement and shall be in a form and by a surety approved by the Public Works Director and the City Attorney. The per- formance bond shall be in force until acceptance of The Develop- ment by the City. 8. Developers may prepare and call for bids for con- struction described herein or negotiate a construction agreement for said construction; but a construction agreement shall not be executed prior to approval of such agreement by the City for the purpose of maintaining City construction and material standards and inspection rights. 9. Developers will procure all necessary State and County licenses for permits for construction. 10. Testing all systems within The Development shall be performed as required by the City in accordance with the City requirements as set forth by the Public Works Director. 11. Developers will pay the City's expenses, not to exceed 18% of the construction cost of the Development as de- termined by the Public Works Director, arising out of this agreement as follows: -3- a. Reasonable engineering fees incurred by the City. b. Reasonable inspection fees. c. Reasonable legal fees incurred by the City. d. Publication, license and franchise costs for construction, performed by the Developer. e. Any other direct costs incurred by the City occasioned or caused by The Development. These expenses shall be paid monthly and within 10 days of the billing date when billed by the City. Developers agree to deposit $4,000.00 with the City, which deposit shall be applied to the payment of the expenses set forth herein includ- ing a 5% penalty whenever Developers have not paid within 30 days of the billing date. 12. In the event that defects due to faulty labor, work- manship or materials appear within one year from the date of acceptance by the City, the Developers shall, at their expense, correct the same, and upon completion of the construction, but prior to delivery to the City of such development, the Develop- ers shall deliver to the City a bond in the amount of 10% of construction costs conditioned upon the prompt completion of repairs necessary within one year from date of acceptance of The Development, arising from said faulty labor, workmanship or materials. The form of the bond shall be approved by the attorney for the City. 13. Developers hereby agreed to indemnify and hold the City harmless from any and all claims which may be asserted against the City as a result of the construction or maintenance of the work described in this Agreement prior to acceptance by the City. Developers shall maintain in full force and effect during construction liability insurance satisfactory to the City and shall name the City as an additional insured. 14. The City and Developers agree that in carrying out the terms of this contract, the Developers shall be acting as an independent contractor and in no respect shall be deemed agents of the City. -4- CC Q CD Nr 15. The Developers shall not assign this contract without the written consent of the City. 16. The City covenants and agrees that it will maintain and operate The Development after satisfactory completion and acceptance in accordance with the terms of this Agreement. 17. Partial waiver or waiver by acquiescence by the City of any provisions or conditions of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 18. Work and construction performed under this Agreement shall not be connected to the City sanitary or storm drain lines until the work is substantially completed in accordance with plans and specifications as set forth in paragraph 2 hereof. 19. Upon completion of construction, Developers shall submit to the City in writing a statement of moneys expended to perform construction described herein. 20. This agreement shall constitute an easement and servitude and a covenant running with the land upon the property described in this Agreement and shall be binding upon the heirs, assigns, grantees and successors in interest to the Developers. 21. When notified to make any changes or.corrections by the Public Works Director (which changes, unless mutually agreed upon by the parties hereto, shall be limited to those reasonably necessary to bring the construction into conformity with the plans and specifications, the statutes of the State of Washington, or the minimum construction standards of the City as the same now exist), the Developers agree to make said changes or corrections within the time set forth in said notice. In the event of failure to make said corrections or changes all rights of the Developers under this Agreement shall terminate and a stop work order shall be issued by the City to all phases of The Development. 22. Resolution No. 283 of the City of Tukwila, passed March 6, 1974, has designated Hill, Ingman, Chase and Company as City Engineers for all W.A.C. /384 Environmental Protection Agency Funded Sanitary Sewer Projects, and in accordance with Resolution No. 283, Hill, ingm�,n, Chase and Company will be designated as Engineers for the sanitary sewer portion Of The he Developern t 23. All design and construction of the sanitary sewer portion of the Development shall be in accordance with the rules and regulations established by the Environmental Pro- tection Agency of the United States and the Department of Ecology of the State of Washington. 24. The City of Tukwila will apply for funding through the State of Washington Department of Ecology, and will reim- burse the Developers in the total amount of the grant allowed the City by the Department of Ecology for the sanitary sewer portion of The Development. T 25. The Developers have applied for building permits by 'p 9 cntinns dated March ?6, 1 q74, and have su b m i t.te drawings prepared by Manson Bennett and Associates. By execution of this Agreement, Developers shall be deemed to have met the requirements for storm and sanitary sewage facilities for construction of two buildings within the area described in Exhibit A, which is also within the boundaries of L.I.D. 13, and for the cost of which the area in Exhibit A has already been assessed for storm drainage. The buildings are designated by drawing as A -1, Doces Southcenter Mall, and A -1, Lincoln Center South, Warehouse "D" only. (Excludes Warehouses A, B and r.) Signed this day of t r, 1974. G. JOHN DOCES SOPHIA DOCES tta� 33 LINCOLN PROPERTY CONLPANY By EXHIBIT Beginning at the Northeast corner of the Northwest 1/4 of the Northeast 1/4 of Section 35, Township 23 North Range 4 E. W. M., in King County Washington; Thence South 01' 51' 39" West along the East line of the Northwest 1/4 of said t 7� Northeast 1/4 a distance of 731.24 feet; thence North 87° 55' CD OQ 02" West a distance of 30 feet to the West margin of Andover Park h-- West; thence North 87 55" 02" West a distance of 710.70 feet to CD the true point of beginning; thence North 01° 51' 03" West a distance of 872.0 feet; thence North 87° 55' 02" West a distance of 433.03 feet; thence South 02° 24' 12" West a distance of 1081.29 feet; thence North 87° 50' 09" West a distance of 317,45 feet, to the east margin of Southcenter Parkway; thence South 11° 59' 33" East a distance of 322.74 feet along said East margin of Southcenter Parkway; Thence along a curve to the left having a radius of 113.24 feet through a central angle of 75° 50' 36" an arc distance of 149.90 feet; thence South 87° 50' 09" East a distance of 576.70 feet; thence North 01° 51' 39" East a distance of 553.89 feet to the true point of beginning. 3 A D D E N D U M This addendum is made to the Developer's Agreement between the City of Tukwila, a municipal corporation in the State of Washington, referred to as "City," and G. John Doces and Sophia Doces, his wife, and Lincoln Property Company, re- f erred to as "Developers," dated 1974, as follows: CQ r- 1. As an alternate plan to the storm drainage por- C) at the Developers' option tion of the development described herein, /in lieu of a 54 -inch smooth flow storm sewer pipe line as described in the storm sewer comprehensive plan of the City_of Tukwila, there shall be con- structed a storm water pump station at a location in the South- east quadrant of the intersection of South 180th Street and Southcenter Parkway, Tukwila, which pump station shall discharge into an existing 66 -inch storm pressure line draining into the Green River as shown in the attached map identified as Job No. 438 -10, dated April, 1974, entitled "Proposed Storm Drainage Alternate, South 180th Street and Vicinity." As a condition to the accomplishment of said alternate improvement, there shall be obtained the approval of the King County Flood Control Department of Hydraulics and the City of Tukwila. The City shall use its best efforts to obtain said approvals. 2. It is agreed that in consideration of the Developer's causing the Development to be constructed, the City agrees that it will for a period of fifteen (15) years from the date hereof, request all subsequent users of any portion of the 60" storm drain line installed in Andover Park West running from the South side of South 180th Street draining Northerly to Minkler Boulevard and lateral lines thereof and any portion of the development to pay their fair pro rata share of the construction costs of the development, all pursuant to��' RCW 35.91 and the ordinances of the City. The City shall ta such steps as necessary to amend the Storm. Drainage Comprehensive Plan in accordance with the provisions of this agreement. Dated this day of CITY OF TUKWILA 1974. LINCOLN PROPERTY COMPANY 7 S DEVELOPERS Mayor C i+ C e 7