HomeMy WebLinkAbout1985 - Agreement - Ryerson Rick / Group 5 Apartments - 8512110462s',2_
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AGREEMENT
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WHEREAS, Rick A. Ryerson, General Partner hereinafter
referred to as the "Owners are the Owners or authorized agents
Kv of the Owners of real property located in the City of Tukwila,
King County, Washington (hereinafter referred to as the "City
commonly known as the Group 5 Apartments PRD, City file No. 85-
29 -PRD, the legal description of which is set forth on Exhibit A
of this Agreement, attached hereto and incorporated herein by this
reference as if set forth in full, and
WHEREAS, the approval of a PRD designation for the real
property described on Exhibit A and the development thereof will
have an impact on 56th Avenue South adjacent to the property and
the property will specially benefit from the improvement of 56th
Avenue South to City standards, including the construction of
sidewalks, curbs and gutters on such street adjacent to Owners'
property, and
WHEREAS, as a condition of the approval of the PRD
designations for the property and the approval of a development
plan therefore, the Owners are required to pay a proportionate
share of the costs of improving 56th Avenue South, or in the event
N a local improvement district is formed to improve such street, to
participate in such LID and waive protest thereof,
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NOW, THEREFORE, it is hereby agreed as follows:
N 1. Owners acknowledge that state law and City ordinances
provide that the City may require real property improvements to be
00 made by Owners as conditions of, and to mitigate effects of,
development, and further acknowledge that the consideration for
this Agreement shall be approval of a PRD designation and a
development plan for Owners' property without requiring Owners to
make improvements to 56th Avenue South at the present time.
2. Owners acknowledge that the property described on Exhibit
A would be specially benefited by the improvement of 56th Avenue
South to City standards as it abuts the Owners' property. Owners
agrees to pay a fair, proportionate share, as determined by the
City Public Works Director, of the costs of such improvements, at
such time as the City Council determines, in its sole discretion,
that such improvements are necessary. Owners further agree that,
in the event a Local Improvement District is formed for any
purpose which includes constructing such improvements to 56th
Avenue South, the Owners will participate in the same. Owners
hereby waive their right to protest formation of any such LID,
provided that Owners shall retain the right to contest the method
of calculating the assessments and the amount thereof.
3. This Agreement shall be filed and recorded with the King
County Auditor and shall be a covenant running with the land
described on Exhibit A and shall be binding upon the Owners, their
successors in interest and assigns.
4. The Owners agree to pay all costs of recording this
Agreement together with all reasonable costs incurred by the City
in preparation of this Agreement, including attorney's fees.
5. Nothing in this Agreement shall be construed to restrict
the authority of the City to exercise its police and zoning
powers.
6. In addition to any other remedy provided by law, the City
may, in its discretion, maintain a law suit to compel specific
performance of the terms and conditions of this Agreement or to
otherwise enforce its provisions, through injunctive or other
relief, and if the City prevails in such action, it shall be
entitled to recover all costs of enforcement, including reasonable
v0 attorney's fees.
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C 7. In the event any section, paragraph, sentence, term or
clause of this Agreement conflicts with applicable law or is found
N by any court having jurisdiction to be contrary to law, such
conflict shall not affect other sections, paragraphs, sentences,
u7 terms or clauses of this Agreement which can be given effect
without the conflicting provision and to this end the terms of
this Agreement shall be deemed to be severable, provided, however,
that in the event any section, paragraph, sentence, term or clause
of this Agreement is found to conflict with applicable law, the
City shall have the right to bring the proposed development back
before the City Council for further review and imposition of
appropriate conditions to insure that the purposes for which this
Agreement is entered into are in fact accomplished and the impacts
of the proposed development are mitigated. DATED this day of 198_`
ACCEPTED B TUKWILA:
By
VAN DUSEN
OWNERS
GPnPra1 Partner
ATTEST /AUTHENTICATED:
�CT CLERK, XINE ANDERSON
By i;
COUNTY OF
APPROVED AS TO FORM:
OFFICE pF THE CITY rORNEY
STATE OF WASHINGTON)
ss.
COUNTY OF
i
STATE OF WASHINGTON)
ss
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LI
CV On this day of V\.., ,r.\ 1985, before me, the
undersigned, a Notary Public in and for the State of Washington,
O duly commissioned and sworn personally appeared. 4 -5 0 J to me
known to be the individual described in and who executed the
foregoing instrument, and acknowledged to me that he signed and
N sealed the said instrument as A free and voluntary act and deed
for the uses and purposes therein mentioned.
OD
WITNESS my hand and official seal hereto affixed the day and
year first above written.
D4 er'f tfte PUBLIC, in and for the
State of Washington, residing at
On this 7th day of November 1985, before me, the
undersigned, a Notary Public in and for the State of Washington,
duly commissioned and sworn personally appeared Gary L. VanDusel' o me
known to be the individual described in and who executed the
foregoing instrument, and acknowledged to me that he signed and
sealed the said instrument as his free and voluntary act and deed
for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and
year first above written.
C.2.4
NOT�AiYBLIC ifi and for the
State of Washington, residing at
Tukwila