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Home My WebLink About2001 - Developer Agreement - Tukwila School District / Thorndyke Elementary - 20010330001671Return Address: Other: Last ott, CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 Document Title(s): DEVELOPER. AGREEMENT W n THE TUKWILA SCHOOL DISTziCT *406 FOR THOIZNDVKE ELE MENTiZY SCHOOLS 44IS Si5OTti ST PERMIT No. D9q 0059 Parties: City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 First Initial TUKWILA SCHOOL 615TRICT 4067 Company Name (if business) 4640 s 144th 5TRE'T' Address TUKWILA W9 88168 City State Zip 3 TN: BILL V4N DER BOGERT, BUSINE55 AMR Legal Description: PARCEL, 1 OF CITY OF TUX& /M LOT CONSQUD4770N L99 °0030 RECORDED GENDER KING CDuNTY No. Assessor's Property Tax Parcel/Account Number(s): 199906239000013. 004200-02E30 DEVELOPER AGREEMENT THIS AGREEMENT is made and entered into on 9 l 'd% K 1 2000, by and between the City of Tukwila, a Washington municipal corporation (hereinafter referred to as "the City and the Tukwila School District #406, a King County, Washington School District, (hereinafter referred to as "the Owner WITNESSETH WHEREAS TMC 11.64.020 requires the construction of frontal improvements for new or remodeling construction when the floor area is increased by 20 alterations, repairs, remodeling exceed 25% of the previous building value; 25,000 square feet is added; or the building value is increased by $250,000, and WHEREAS, Owner owns certain real property located generally as shown in Exhibit "A" "Property and commonly known as Thorndyke Elementary School at 4415 South 150 Street, and WHEREAS, the owner has applied for issuance of a building penniit for the development of Thorndyke Elementary School, located on the Property "Project and WHEREAS, this development meets or exceeds at least one of the conditions stated in TMC 11.64.020. The proposed development property is obligated to participate in funding future frontal improvements, and the owner waives the right to protest L.I.D. or U.L.I.D. formation. The owner will pay a proportionate fair share based on unit construction costs for the frontal improvements if the City proceeds with construction, and WHEREAS, the development of said property has created traffic impacts and the Project will increase those impacts which will necessitate the construction of certain off -site improvements adjacent to the Property as further described herein ("Frontal Improvements and WHEREAS, the City intends to reconstruct South 150 Street, adjacent to the Property, in the future but after the time of completion of the Project; NOW THEREFORE, in consideration of mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: IMPROVEMENTS: 1. Provided that the City issues a building permit for the Project and Owner constructs the Project, Owner shall pay the cost, as provided in Paragraphs 2 3, for the South 150 Street Frontal Improvements including sidewalk, curbs and gutters, storm drainage, street lighting, paving, undergrounding of overhead utilities, and related improvements including all engineering, construction, inspection and City administrative costs relating to said improvements (the "Frontal Improvements 2. Prior to request for occupancy, the Developer shall place with the City cash or cash equivalent form, acceptable to the City of Tukwila. 3. The final construction costs for the Frontal Improvements shall be determined by competitive bid. The City shall contract for construction of all Frontal Improvements and South 150 Street. The Owner shall pay to the City the total estimated cost including all engineering, construction inspection and City administrative costs related to said Frontal Improvements per Paragraphs 2 3 of this Agreement. The Owner's obligations for these Frontal Improvements shall not exceed $191,000 plus accrued interest for monies deposited with the City's Finance Department prior to occupancy. Following completion of construction, final costs and proportionate shares shall be determined and any balance due to the Owner from deposited monies and accrued interest shall be promptly paid. LENGTH OF AGREEMENT: This Agreement shall remain in effect for five years from the date of the execution of this Developer's Agreement by all parties. The Public Works contract shall be awarded by the City Council no later than five years from the execution of this Agreement for funds held by the City to be eligible for use and credited against the Project's proportionate share of frontal improvements based on final construction and associated engineering costs for the street improvement project. TERMINATION OF AGREEMENT: The Owner, as part of this Agreement, has assigned funds to the City in the amount of $191,000. These monies will remain with the City and accrue interest which may be used as part of the final actual costs of the project. If the City does not award the construction contract within five years, the assigned funds and accrued interest shall revert back to the Owner. The Owner may elect to terminate this Agreement before the five years is complete, otherwise assigning these funds to the City of Tukwila for other use, in the City's sole discretion, on improvements to South 150 Street. Non Waiver Extensions. Failure of either party to insist on the strict performance of any of the teinis 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. Binding Effect. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. Recording. This Agreement shall be recorded with the King County Auditor as required by Chapter 35.91 RCW and the cost of said recording shall be paid by the Owner. Attorney's Fees. 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's fees. Entire Agreement. This Agreement contains the entire understanding between the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto or to have any other force or effect. 3 DATED this day of 2000. CITY OF TUKWILA: TUKWILA SCHOOL DISTRICT "406 B Its: ATTEST /AUTHENTICATED City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: ss. County of King State of Washington By: Its: F 4 l C; THIS IS TO CERTIFY that on this L day of ,/f-e_i /yra-c,� 2000, before me, the undersigned, a Notary Public in and for the State of'Washington, duly commissioned and sworn, personally appeared ,6 zGtA 4r?jt to me known to be the /3/24/..-71 .1 9 n of TUKWILA SCHOOL DISTRICT #406, and acknowledged that he was authorized to execute the instrument as the free and voluntary act and deed of said school district, for the uses and purposes therein mentioned. WITNESS my hand and official seal this /.t day of 2000. Cc .O, NOTARY PUBLIC in and for the State of Washington Residing at R to My appointment expires: 6 -%6, m U 'f /6• /y 6 9 0 150TH L 4•77 C4 1 1 0 h n 0 ∎l- I 1, 1 I c� i v r o ^y 0' r iL7� 1309-.2 1 2ND 1 I Z X k, 1 0 lk �I )8 10 0 /4 iy /a8. /28.6 3 5T. 7 .f ST. E 6 c aD bs B o <Q 79 8 43.75 0 0 6.1 z /2 9 0 L o. 7 7 ft A :1% N