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HomeMy WebLinkAboutCOW 2012-03-26 Item 4A - Attachment A - Ordinance and Riverton Development AgreementAttachment A DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE STATE OF WASHINGTON, REGARDING THE DEVELOPMENT OF LAND (KING COUNTY PARCEL NOS. 2384200055 AND 7345601005) LOCATED ALONG EAST MARGINAL WAY SOUTH; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Riverton Development, LLC has proposed to construct a Leadership in Energy and Environmental Design (LEED) certified, mixed -use building in the Riverton neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed -use projects within the City; and WHEREAS, the Washington State legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and M WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 36.708.170(3); and WHEREAS, this Development Agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at 12909 East Marginal Way (hereinafter the "Subject Property as described in Exhibit "A and WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code Section 18.08.040 allows the City to extend the zoning line on a property that contains split zoning; and WHEREAS, pursuant to RCW 36.706.190, this ordinance and the Development Agreement shall be recorded with the real property records of the county; and WHEREAS, pursuant to RCW 36.706.200, on March 26, 2012, the City Council held a public hearing regarding the Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The Development Agreement between the City of Tukwila and Riverton Development Limited Liability Company, a copy of which is attached to this ordinance as Exhibit "A," is hereby adopted. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. I$] PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk A Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachment: Exhibit A Development Agreement 11 12 Exhibit A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT, LLC, FOR THE RIVERTON DEVELOPMENT L PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of 2012, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Riverton Development, a limited liability company organized under the laws of the State of Washington, hereinafter the "Developer." IL RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)), and WHEREAS, Riverton Development, LLC has proposed to constrict a LEED certified, mixed use building in the Riverton Neighborhood of the City of Tukwila; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies for this area; and WHEREAS, the City of Tukwila desires to allow this demonstration project to modify certain development standards in return for public benefits; and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)), and WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to, all of the standards listed in RCW 3 16.7013. 170(3 and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)), and WHEREAS, this development agreement by and between the City of Tukwila and the Developer (hereinafter the "Development Agreement relates to the development known as Riverton Development, which is located at: 12909 East Marginal Way as described in Exhibit "A" (hereinafter the "Subject Property and 13 WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code 18.08.040 allows the City to extend the zoning line on a property that contains split zoning, and WHEREAS, the City and the Developer wish to create a development that is a model example for environmental stewardship for mixed use projects within the City, and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200), and WHEREAS, a public hearing for this Development Agreement was held on March 26. 2012, and the City council approved this Development Agreement by Ordinance No. on NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: III. AGREEMENT Section 1. The Proiect. The Project is the development and use of the Subject Property, consisting of approximately .58 acres in the City of Tukwila. The Project will be mixed use, consisting of residential and non residential use with associated parking. Section 2. The Subiect Property. The Project site is legally described in Exhibit "A" attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Design Guidelines" means the Tukwila Multi Family Design Manual, as adopted by the City. d) "Director" means the City's Community Development Director. e) "Effective Date" means the effective date of the Adopting Ordinance. f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted uses of land, the density and intensity of use, and the design, improvement, constriction standards and specifications applicable to the development of the Subject Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning Map and development standards, the Multi Family Design Manual, the Public Works Standards, SEPA, I Concurrency Ordinance, and all other ordinances, codes, riles and regulations of the City establishing subdivision standards, park regulations, and building standards. Existing Land Use Regulation does not include non -land use regulations, such as taxes and impact fees. g) "Landowner" is the party who has acquired any portion of the Subject Property from the Developer who, unless otherwise is released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The "Developer" is identified in Section 5 below. h) "Project' means the anticipated development of the Subject Property, as specified in Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits. i) "Vesting date" means the Effective Date of this Agreement as defined above. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A Legal description of the Subject Property. b) Exhibit B Site Plan showing proposed Development. c) Exhibit C Conceptual Plan showing proposed right of way improvements. d) Exhibit D Conceptual Elevations showing proposed design of building. e) Exhibit E Parking Covenant for Subject Property. Section 5. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. b) The "Developer" or Owner is a private enterprise which owns the Subject Property in fee, and whose principal office is located at 372 South 12 Street, Tukwila, WA 98168. c) The "Landowner." From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless otherwise released by the City, shall be subject to the applicable provisions of this Agreement related to such portion of the Subject Property. Section 6. Proiect is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental fruictions. Section 7. Effective Date and Term. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of two years unless extended or terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no 15 force and effect, subject however, to post termination obligations of the Developer or Landowner. Section 8. Terms. A. Planninu and Development. 1) Parkin. The Project will install 39 onsite automobile parking stalls as shown in Exhibit B and shall install 12 parking stalls along the right of way of East Marginal Way South as generally depicted in Exhibit C. Parking can include both tandem stalls and compact stalls. The City will permit no more than 50 percent of the parking stalls to be compact stalls. The parking lot must also include the number of accessible stalls required by the Washington State Building Code. Accessible parking stalls meeting the requirements of applicable code provisions shall be included in the 39 parking stall total. The Developer shall install a bus information kiosk and a minimum of five spaces for bike parking. 2) Environmental Certification. The Developer agrees that it will seek Leadership in Energy Environmental Design (hereinafter "LEED certification. Within 30 -days of mutual execution of this agreement, the Developer shall provide the City a financial guarantee of $10,000. The City shall return the financial guarantee once the Developer provides certification that the building has achieved LEED Silver Certification. If LEED Silver Certification is not achieved before expiration of this Agreement, the Developer shall forfeit the financial guarantee and the City agrees to use the fiinds to support environmental restoration and educational projects. 3) Split Zoninu. The City agrees that the zoning and development standards for the Neighborhood Commercial Center (hereinafter: "NCC Zoning District shall apply to the entire property, including that portion of the property that is zoned Low Density Residential (hereinafter "LDR In the event that the building is demolished or destroyed, the underlying zoning regulations in effect at the time of demolition or destruction of the building shall govern any future development. Provided, should Landowner or Developer choose to recreate the Project as specified in this Agreement and as previously approved by the City, NCC Zoning shall continue to apply. 4) Restricted Usaue. Given that the City has granted a reduction in the required number of parking stalls on the site, the following uses on the subject site are strictly forbidden under this Development Agreement: i. Any non residential uses that have a parking demand of more than 1 stall per 100 square feet of usable floor area as listed in Figure 18 -7 of the Zoning Code Title 18. ii. Storage of household items such as upholstered fi rniture and indoor appliances on outdoor patios is prohibited. The developer and fi ture I: landowners agree to include this restriction in all future lease agreements with tenants. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the restrictions on usage stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions on usage shall survive the termination of this Agreement. 5) Design. The Developer agrees to constrict the building to the overall appearance shown in Exhibit D. No changes shall be made to the approved design shown in Exhibit D without further approval by the City Council, except that the Director is authorized to approve minor, insignificant modifications which have no impact on the project design. The final elevations, provided as part of any permit process shall meet all applicable building, fire, public works, and other code requirements. ii. The City agrees that the Project's initial constriction will not require a Design Review approval. Once the Project's initial constriction is complete, remodeling or additions to the Project will be subject to the City's design review requirements as they currently exist or as may be amended in TMC Title 18. iii. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by the Design standards and restrictions stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. The restrictions in usage shall survive the termination of this Agreement. B. Public Works. The Developer agrees to install right of way improvements, including curb, gutter, sidewalk, and bike lanes as generally depicted in Exhibit C. The final design shall be approved by the Director of Public Works. Constriction of the improvements shall meet all City standards and be installed before issuance of a certificate of occupancy for the subject building. Section 9. Identification of Proiect. The Developer and any future landowner, agree that when marketing, advertising, or promoting the Subject Project that they will refer to the Project as being located in the City of Tukwila. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide by this obligation as stated above for thirty years after the effective date of the Adopting Ordinance approving this Agreement. This obligation shall survive the termination of this agreement. 17 Section 10. Vested Rights. A. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. B. This Development Agreement only covers those specific development standards addressed herein. The City's Development Regulations, including building, fire, public works, zoning, and signage regulations shall govern unless specifically addressed in this Agreement. No vesting is created by this Agreement for any other development regulation that is not included in this Agreement. Section 11. Permits Required. With the exception of the design review approval, the Developer and future landowner shall obtain all required permits. Section 12. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. Section 13. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 14. Existing Land Use Fees and Impact Fees. A. Land use, Building, Fire, Public Works and sign fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. B. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in Chapter 9.48 of the Tukwila Municipal Code. IV. GENERAL PROVISIONS Section 1. Assignment of Interests. Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably ,M be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Riverton Development, LLC and the City. Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severabilitv. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and /or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all of the permits and /or approvals issued by the City for such development are not substantially underway prior to expiration of such permits and /or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not constrict the Project as contemplated by the permits and approvals identified in this Agreement, or submits applications for development of the Subject Property that are inconsistent with such permits and approvals. C. This Agreement shall terminate either upon the expiration of the term identified in Chapter III Section 7 or when the Subject Property has been fully developed and all of the Developer's obligations in connection therewith are satisfied as determined by the City, which ever first occurs. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. D. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if a building permit for constriction of the building approved in this Agreement is not submitted to the City within two years of the date of this Agreement. E. This Agreement may terminate pursuant to Section 3 Severability or Section 10 Default. Section 5. Effect anon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions or restrictions specified in the Agreement to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees or taxes. The payment for process of the Development Agreement as outlined in Section 18- shall survive. irt Section 6. Effects upon Termination on Citv. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attornevs' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Section 10. Notice of Default /Onnortunity to Cure/Disnute Resolution. A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. B. After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Development Agreement and the Code. Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 20 Section 12. Lrtegration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 13. Authoritv. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 14. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall nun with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. A copy of the fully executed Development Agreement shall be recorded with King County. Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the next five years, as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from malting any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property five years from the anniversary date of the Effective Date of this Agreement. Section 16. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. Section 17. Notices. Notices, demands, or correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses provided by the executing parties below. Notice to the City shall be to the attention of both the City Administrator and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. 21 Section 18. Expenses and Fees. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant that are incurred by City and that directly relate to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. In addition, in consideration of the significant City staff time spent drafting and reviewing this Development Agreement, and of the substantial benefit the Developer is receiving in the form of a streamlined land review process, the Developer shall provide the City with $5,000. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the Project are paid to the City. The Developer agrees that it is responsible for the payment of all City fees (land use permit fees, development permit fees, public works permit fees, sign permit fees, fire permit fees and other applicable fees) for the Project that are charged in the same manner to other properties and applicants of Tukwila. This Agreement shall be terminated if the Developer does not pay to the City the fees provided for in this section. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Developer. The obligation of the Developer to pay all fees incurred shall survive the termination of this Agreement. Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 20. Third Partv Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and /or Landowner(s). In such event, Developer and /or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and /or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. This section shall survive the termination of this Agreement. Section 21. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rile that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 22. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 23. Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.7013.190, no later than fourteen (14) days after the Effective Date and shall provide the City with a conformed copy of the recorded document within thirty (30) days of the Effective Date. 22 Section 24. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement, that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same as its own free act, and that it frilly understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: OWNER/DEVELOPER: By Its Riverton Development LLC 1 -3 South 126th Street Tukwila, WA 98168 CITY OF TUKWILA By: Jim Haggerton, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98168 ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney 23 STATE OF WASHINGTON) ss. COUNTY OF On this day of ?01?, before me personally appeared to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his /her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: STATE OF WASHINGTON) ss. COUNTY OF KING 1 On this day of ?01?, before me personally appeared JIM HAGGERTON, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the MAYOR of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: 24