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Home My WebLink About92-066 - Dick Dondero - Developer's AgreementReference Contract 92-066 ESTOPPEL CERTIFICATE August 2, 2021 Re: Developer's Agreement (the "Agreement"), dated March 18, 1992 and recorded on May 13, 1992 under King County Recording No. 9205130555, by and between the City of Tukwila, a Washington municipal corporation (the "City") and Dick Dondero (the "Developer") regarding that certain real property located at 3747 South 146th Street., Tukwila, Washington and legally described on Exhibit A hereto (the "Property"). Ladies and Gentlemen: The undersigned certifies that, as of the date of this Certificate, with respect to that certain development on the Property described in the Agreement (the "Development"): 1. The Agreement pertains solely to the Development and provides certain terms and conditions required to be adhered to by Developer in the event Developer were to develop and construct the Development on the Property. 2. The Property is currently vacant and the Development has been demolished, and accordingly, the Agreement is no longer in full force or effect and is terminated. 3. The City no longer has any rights under the Agreement, including the right to enforce any terms under the Agreement against Buyer (as defined below) or any successors and assigns to the Property. The truth and accuracy of the certifications contained herein may be relied upon by (i) Tukwila Community Coalition LLC, a Washington limited liability company (`Suver"), and (ii) any successors and assigns to Buyer's interest in the Property (collectively, the "Reliance Parties"), and said certifications shall be binding upon the undersigned and its successors and assigns, and inure to the benefit of the Reliance Parties. Very truly yours, CITY OF TUKWILA, a Washington municipal corporation By: Name: Title: kle(-9 iD - Date: c) L4 i s.1 2 ( oz-/ Estoppel Certificate • • C3) A & C F!!.E #q,2 --D6,6 DATE 1;0 Ari -0., (Diem q__2_ DEVELOPER'S AGREEMENT �/ M "THIS AGREEMENT is made and entered into on2 p /77.tbetween the CITY OF TUKWILA, a Washington municipal corporation (hereinafter referred to as "the city", and Dick Dondero, (hereinafter referred to as "Developer"). WITNESSETH WHEREAS, Developer has an interest in certain real property U7 located generally at 3747 South 146th Street, which is legally COdescribed in Exhibit A, and hereinafter referred to as "the vProperty"; and ON WHEREAS, Developer has or anticipates making application for building, access and utility development permits; and WHEREAS, the proposed development will result in certain direct Impacts on the existing infrastructure of the City which will require: 1. Dedication of land, and 2. Development of street and utility frontal improvements on City right-of-way or easements, whether dedicated pursuant to this Agreement or previously held by the City, and 3. Committment to financially participate in off site improvements for a future signalization on SR 99 at South 146th Street and SR 99; and WHEREAS, the proposed development will create certain identifiable adverse environmental impacts which can be mitigated, NOW, THEREFORE, Developer and City agree as follows: - 1 - 420513-0555 10:46:00 M KI 2.10 2 x aL 0 z c 2 £ , N ti J 0 Q «0 'y> Documents provided by DataTree LLC via its proprietary imaging and delivery system_ Copyright 2003 All rights reserved • I. RESPONSIBILITIES OF DEVELOP R A. Dedications of 10 Lineal Feet of Right -Of -Play Fronting South 146th Street. Developer acknowledges that dedication to the City of Tukwila of a 10 foot wide strip of land fronting South 146th Street as indicated and described on Exhibit "R" attached hereto is necessary to meet the City Standard of 60 feet of right-of-way for South 146th and that appropriate deed or other conveyance documents will be tendered to the City for approval and acceptance by the Tukwila City Council prior to issuance of the City's curb S J cut/access/sidewalk permit and prior to issuance of a Certificate of • = a- = Occupancy for this Development. w ~ z o t!) B. Future Roadway Frontal Improvements on South 146th u Ul o a O Street. Developer acknowledges that the improvements listed below te, M 17; are reasonably necessary as a direct result of the proposed n - CD N development. The City shall design -and engineer, and shall C, construct, all at Developer's sole cost and expense, the following additions or improvements to the City's infrastructure more specifically described on-Exhib't "C" (the City's May 24, 1991 site plan approval letter), attached hereto for the following elements: (1) Streets (2) Sidewalks (3) Sto Drainage Systea C. Future Signal et South 146th/SR 99. The developer acknowledges that the proposed development will have a cumulative impact on the traffic circulation at South 146th Street and SR 99 which will require a future intersection signal. If this signal is deemed by the City in its sole descretion to be neceasary or -2- • Documents provided by DataTree LLC via its proprietary imaging and delivery system_ Copyright 2003 All rights reserved s • appropriate within the five years from the date of this Agreement, the Developer will pay its fair share costs for the engineering and construction of the signal. The formula by which this fair share amount will be based is identified in Exhibit "C", attached hereto. upon the construction of this signalization, the City will notify the developer, in writing, of the total costs for the design, engineering and construction of the signal along with an invoice for the Developer's prorated fair share of the signal. The Developer will send, by certified check, the invoiced amount to the City within 60 calendar days of receipt of this invoice. D. Mitigation Payments. Developer acknowledges that creation of, or improvements to, the system facilities listed in Ul UPUP Section B above, will be reasonably necessary as a direct result of CD CD the proposed development and to mitigate the direct impact identified Oas a consequence of the proposed development, and further agrees to make, totalling $ 10,079.26, payments for the following improvements, all as identified in Exhibit "C" hereto: Frontal sidewalk, street widening; curb and gutter, permanent access and associated storm drain and utility relocations. All such payments shall be held and administered pursuant to the provisions of RCW 82.02.020. E. Environmental Mitigation. This portion of this Agreement is pursuant to Chapter 43.21 RCW, the State Environmental policy Act (SEPA), Tukwila City Ordinance Nos. 1331 and 1344 and all other Tukwila Ordinances and regulations comprising Tukwila's environmental policy to provide for mitigation of existing and, known environmental impacts at this time which are associated with the -3- i 25.10 41 : F- j'i J U 2 V, 1../ O r W Ce ›- 1-• - 2 J F— Z 0 H W F x F- 41 ~ 0I- '0 oW. O W I- i 07 111 Construction of the street frontal improvements and/or V C) signalization shall be provided by the City under the terms of this 1 CD Agreement and shall commence within 5 yearsafterthis Agreement has CU s been signed by both parties. Documents provided by DataTree LLC via its proprietary imaging and delivery system- Copyright 2003 Al! rights reserved • • proposed development. This portion of this Agreement is not, and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020, and the provisions of RCW 82.02.020 shall not be applied hereto. This Agreement does not preclude any evaluation and determination by the City that later actions or proposals undertaken by Developer may require a determination of significance and environmental review under SEPA. Existing and known environmental impacts and required and agreed mitigation are listed in EPIC File 17-90 (Exhibit Dl attached hereto. 2. TIME OF COMMENCEMENT AND COMPLETION 3. NON -WAIVER - E%TENSIONS Failure of either party to insist on the strict performance 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. 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. -4- a �,_41�32Xlo , 07 O 0, O` uucumenw otaTr.,.^LLC"^'r. pr^^ry ',maging and delivery system. Copyright 2003, All rights reserved. 1 • 5. .RECORDING This Agreement shall be recorded with the King County Department of Records and Elections, and the cost of said recording shall be paid by the Developer. 6. LAWANDVENUE Actions brought to enforce any provision of this Agreement shall be governed by the law of the State of Washington and shall be brought only in King County Superior Court. 7. ATTORNEY LEES In the event that either party shall commence litigation against the other in order to enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorney fees. 8. EFFECTIVE DAT$ The responsibilities of Developer under this Agreement are contingent upon the issuance of the requested approvals or permits for the project. No obligation will arise until the issuance of such approvals or permits. If Developer elects to proceed with any of the improvements set forth herein before the issuance of such approvals or permits and after installation of the improvements elects to abandon its development, Developer, its successors and assigns are entitled to the benefits set forth in this Agreement related to latecomers agreements provided such improvements are approved and accepted by the City. Except as set forth in this section, this -5- • • • Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. • • Agreement shall become null and void if the project is abandoned by the Developer or if a completed development application is not filed by 3if ,19Q1. DEC ER - c^ l By ( Oc<i e6 +8e (/e4 e -) ATTEST/AtiTHENTICATED: Its r'Y Y 9205130555 7is2 e E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: gy (( ivof g/01, STATE OF WASHINGTON ) COUNTY OF RING ss By Its I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. -6- 25 Y: C3 • • 32x El 0 CC VI X z v z c, w� U J 0 O • W N 4 U- GC 0 rn 1— z< c- 1— . z v z 1- 0▪ o U O 0 0 0 0 S N F— W 1— -- - - - _— -- – -Documents-provided by5ata{ree 00C -via Atsproprietaryimaging arM-delivery system. £ropy right 2003 All rights reserved • s DATED: 0;74;1> rtiz‘N FCFVKPS�\�o�• STATE OF ) ss ,19 Notary Public i`ii and for the State of Washington, residing at 731 My Commission Expires -487-742Z/ — /2Z/ I certify that there appeared before me rson that I know or, have satisfactory evidence was who signed this DEVELOPER'S AGREEMENT, on oath stated he is authorized to execute the instrumentandsscck�nowledged it as the 0.04,7t/A-iauzji/i`"'" � - of Ax� L , to be the 'free and 4C) Ul CD C'7 U) CD voluntary act of such party for the uses and purposes mentioned in this instrument. //jj DATEDi��e..Ci � ,19 - 2 ,0pasmnN.q, �t' EMC•�y a, N I My Commies ires�- . 4, X 05 p4iCp ial°o�` Notary Public in and for the State of Washington, residing at -7_ op ! 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