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HomeMy WebLinkAbout2020 - Landscape, Parking and Sidewalk Maintenance Agreement - Tukwila TSD, LLC / City of Tukwila - 20200827001646WHEN RECORDED RETURN TO: City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 20200827001646 AGREEMENT Rec: $111.50 812712020 4:19 PM KING COUNTY, WA LANDSCAPE, PARKING AND SIDEWALK MAINTENANCE AGREEMENT Abbreviated Legal Description: Ptn Tract 4, Andover Industrial Park No. 1, Vol 66, Pg 36 For valuable consideration received, Tukwila TSD, LLC, a Washington limited liability company, Grantor, and The City of Tukwila, a noncharter, optional code Washington municipal corporation, Grantee, agree as follows: 1. PROPERTY DESCRIPTIONS. This Agreement shall burden Grantor's real property identified as King County Parcel Number 022300-0040 and legally described as set forth on the attached Exhibit A. Abbreviated Legal Description: Ptn Tract 4, Andover Industrial Park No. 1, Vol 66, Pg 36 This Agreement implements the Development Agreement adopted under City of Tukwila Ordinance No. 2473 and recorded with King County under recording number 20150528000665 (the "Development Agreement"). This Agreement shall benefit Grantee's real property identified as a portion of the right of way of Christensen Road, legally described as set forth on the attached Exhibit B. 2. LANDSCAPING, PARKING, and SIDEWALK. Grantor shall provide and maintain landscaping and parking spaces on Grantee's real property. Grantor shall also maintain in good condition the sidewalk constructed on the west side of Christensen Road adjacent to and as part of the hotel construction on Parcel Number 022300-0040. Grantee's real property shall be maintained solely by Grantor in compliance with all applicable laws at Grant's sole expense. Maintenance shall include, but not be limited to the following: MAINTENANCE AGREEMENT PAGE 1 OF 9 a. Weeding, removal of trash and debris, and replacement of plants as needed within that part of Grantee's real property identified as "Landscaping" on the attached Exhibit C, in the parking areas, and on the sidewalk adjacent to King County Parcel Number 022300-0040. b. Installing and maintaining irrigation equipment in the Landscaping area adequate to maintain the vegetation planted in the Landscaping area pursuant to Grantee's written landscaping plan provided to Grantor. c. Paving and striping that part of Grantee's real property for parking pursuant the attached Exhibit C, with re -striping of the same every three (3) years, and on-going maintenance of the parking areas in accordance with City standards. d. Four of the parking spaces within Christensen Road will be dedicated to public use only, excluding hotel -related uses. Grantor shall be responsible for maintenance and replacement of parking lot signage designating "public use only" or "shared hotel and public use" within Christensen Road. Signage shall be maintained or replaced as needed on an ongoing basis. Condition of the signs will be inspected as part of the 3 -year inspection outlined below. e. Maintenance of the sidewalk on the west side of Christensen Road adjacent to King County Parcel Number 022300-0040. This sidewalk was installed as part of the hotel construction project. Structural soils were required underneath the pavement of the sidewalk and surrounding areas but were not installed as required. Grantor is responsible for sidewalk maintenance and replacement as necessary. The sidewalk condition and need for maintenance shall be evaluated every three years as part of the Public Works permit obtained by the Grantor. Grantee may inspect Grantee's real property and the Landscape, Parking and Sidewalk areas every five years to ensure compliance with the conditions above. If Grantor fails to comply with these maintenance requirements, Grantee may bring Grantee's real property into legal compliance and shall be reimbursed by Grantor for doing so as follows: Grantee shall first deliver to Grantor a written notice, by certified mail return receipt requested, explaining the nature of the work required and the expected cost thereof. If, after the expiration of thirty (30) days from the date of receipt of said notice by Grantor, written objection to such work has not been received by Grantee, such work may be completed by Grantee. Grantor shall then reimburse Grantee within thirty (30) days of delivery to Grantor by Grantee of an invoice(s) for the work. 3. TERM. This Agreement shall remain in effect until the Development Agreement is terminated or expires. Following the termination or expiration of the Development Agreement, this Agreement shall have no force and effect, subject however, to any post -termination obligation of the parties. MAINTENANCE AGREEMENT PAGE 2 OF 9 4. BENEFIT. The terms of this Agreement are binding upon and for the benefit of Grantor, Grantee, and their heirs, successors and assigns. 5. COVENANTS. This Agreement shall be a covenant running with the above described real property and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. 6. VENUE, ATTORNEY'S FEES ANI) COSTS. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any teen of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit. 7. POLICE POWER. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the Grantee granted by the Washington State Constitution or by general law. 8. NOTICES. Notices to the Grantee shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to Grantor shall be sent to the following address: XXXXXXXX ^t,,'( -).A vl,)67,. C,,t0 LA, 9. ENTIRE AGREEMENT AND CONFLICT WITH DEVELOPMENT AGREEMENT. This Agreement contains the entire agreement between the parties and no other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto, Either party may request changes in this Agreement, Proposed changes which are mutually agreed upon shall be incorporated by written amendments to this Agreement. in the event f a conflict •etween th's Agreement and the Development AgLeernent, the Development Agreement shall control. 10. SEVERABILITY. Any provision or part of this Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining MAIINiT EN ANCE AO REEMENT PAGE 3 OF 9 provisions shall continue to be valid and binding upon the Grantor and Grantee, who agree that this Agreement shall be reformed to replace such stricken provision or part with a valid and enforceable provision that comes as close as reasonably possible to expressing the intent of the stricken provision. 11. RECORDING. This Agreement shall be recorded against the Property at Grantor's expense. Tukwila TSD, By David Chi- ah Kwok, Managing Member Date: 2 oe- y r Patel, Partner Date:5 '// Z6 City of Tukwi a MAINTENANCE AGREEMENT PAGE 4 OF 9 STATE OF WASHINGTON COUNTY OF KING I certify that I know or have satisfactory evidence that David Chi-Wah Kwok and Samir Patel are the persons who appeared before me, and said person acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument as the Managing Member of Tukwila TSD, LLC. Dated: STATE OF WA INOTON COUNTY OF vtvmt OAT OF ARY PUBLIC in and for thc State Washington, residing at y commission expires I certify that I kno or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he/she signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument as the Mayor of the City of Tukwila. Dated: dAs# 0), n MAINTENANCE AGREEMENT .AQ NOTARY PUBLIC in and for/the State of Washington, residing at My My commission expires PAGE 5 OF 9 EXH±OXT A LEGAL DESCRIPTION OF PROPERTY TRACT 4, AryppvE,',g INPUSTAK PARK NP,i, AOCORDINg TQ THE PLAT THEROF Rect,*6t15 IN VOLUMt 6$ OF PLATS, PARE 36., RECORDS C) RING COUNTY, WASHINGTONI! EXCEPT THE SOUTH S FEET THEREOF; AND EXCEPT THAT POOTON THEREOF CONDEMNED IN KING COVNTY 5UPRIOR COURT CAUSE NO. 392245, ACCORDING TO DECREE FILED JANUARY 14, 1963. MAINTENANCE AGREEMENT PAGE 6 OF 9 LEGAL OE.SCRIPT!ON EXHIBIT NG AT THE INTERSECTION OF THE .CENTERLINE i F ANDOVER PARK 'THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE H 84°44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY H ©S°1,6'00,' EAST40.00 FEET TO THE POINT OF INTERSECTION OF THE",,4 UTH MARGIN OF TUKWILA PARKWAY WITH THE WEST MARGIN ©F CHRIST ENSEN'RQ D; THENCE SOUTHER Y ALONG SAID WEST MARGIN ON A CyURVE' TO Toe RIGHT, FLAVIN' ,Q JUS F 437,5(1 FEET, A NTRAL AOFNGLE 00,,t014.51', THE CENTER QF W BEARS +OUTI 60°31i15" WEST, AN ARC DISTANCE OF 1,7S FEET TO TH TUE " OF a € INNING; THEI E, EA� RkY O'N ACURVF+ TO TH°E;LEFT, HAV{NG �11 RADIUS OF 35.00 FEET, A CENTRAL.' L.�38n ' ;iF 2�13" EAST, THECBNTER ©p'¶ HIGH $EARS NORTH ° "P 'I3" EAST, AN ARC DISTANCE OF 17.49 .FEET TO A POINT OF TANGENCY, T4°44'Q f",BAST 45..59 FEET TO THE BEGINNING OF A .Y � Y r "F ,„AN"O,EASTEf ON A R,VE TQ INE-4E1=T, HAVING A�AIUS o NT L AN , OF 73 `.Kl 4 .", THE C NTER OF WHx I1 E4 ARS AN ARC 4S rANGF of 21.74 FEET TO A'POIN F IERLY.Qr A CIJRyE TO THE (3IG T, HAVING y4 IV E'OF 72°47" THF: ENTErR OF WHICH ARC DISTANCE OF 3.17 °FEET TO A POINT OF COMP THENCE= ill N Y i A CURV TO THE :R#GHT,,q, AVIN� A RAOWS S OF 1547,72 FEET, A AN ;I OF I '47, THE CENTER ITCH BEARS sou* ,BB' 2' W ST ARC DISTAN.G 'OF 240.13 44,. 00 TO THEN ^It1 "H Y '43" WESTTFIE BEGINNING or A NON -TPA T CURVTO T PAGE 1 MAINTENANCE AGREEMENT PAGE 7 OF 9 THENCE ,NORTHERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1504.72 FEET, A CENTRAI,ANGa OF 01.005(52% THE CENTER OF WHICH, BEARS NORTH $1°4303B° WEST, AN ARC DISTANCE QF 28,83 FEET TO A POINT OF COMPOVNO CURVATURE; THENCE NORTHERLY ANO.WESTERIX ON A,cyRvE To THE LEFT, ,HAVING A RADIUS pp 25,08 FEET, A CENTRAL. ANGLE OF 93,94154, THE CENTER OF WHICH BEARS NORTH 8404945" WEST, AN ARC DISTANCE OF 40,0 FEET To THE WEST MARGIN OF ,CHR,I0TENPEN ROAP; THENCE NofitH 6045'11" WEST ALONG SAO WEST MARGIN 152.13 FEET TO THE BEGINNINq OF A TANGENT CURVE TO THE LEFT; THENOEQONTIVOING NORTH ALONG $AIP WEST MARGIN QN A.cpRytTp THE LEP., HAWK. A RADIUS OF 07,50 FET, A CENtRAL A1)104 OF 08°22139, THE CENTER OF 'WHICH BEARS SOUTH 89°14'49" WEST, AN ARC DISTANCE 'OF 61,97 FEET TO THE TRUE POINT OF BEGINNING, SITUATE, IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHIN TON, PAGE 2 MAINTENANCE AGREEMENT PAGE 8 OF 9 TUKWILA HOLIDAY INN EXPRESS EXHIBIT G ANDOVER PARK WEST PAGE 9 OF 9 MA[NTENANCE AGREEMENT