The URL can be used to link to this page

Home My WebLink About2019 - Agreement for Payment in Lieu of Constructing Frontage Improvements - City of Tukwila / SEBCO Inc - 20190125000812Instrument'Number: 20190125000812 Document: Rec: $105, 0 Page-1 of 7 Record Date:1/25/2019 2:33 PM Electronically Recorded King County', WA Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Document Title: Agreement by and Between the City of Tukwila and SEBCO Inc. for Payment in Lieu of Constructing Frontage Improvements Parties: SEBCO Inc. 4020 East Madison Street, Ste 320 Seattle, WA, 98112 Attn: Jay Blasingame Legal Description: A Portion of S 389.23 FT OF GL 10 LY E OF ST RD #1 TGW S 389.23 FT OF SW V4 OF SW 1/4 STR 03-23-04 W OF CO RD LESS PL R/W LESS TRANS LN R/W PER TUKWILA LOT CONSOLIDATION #L16-0074 REC # 20170913900006 AND RERECORDED UNDER REC # 201803002900007. Assessor's Property Tax Parcel/Account Number(s): 042304-9014 C—CS\ — Ibis Document Is Recorded As A Courtesy Only, Firrthinericon Tine insurance Compprry Assumes No Liability Foi. Sufficiency. Validity Or AcCUratly. Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433-1800 CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET ORIGINAL Electronically Recorded Document Title: Agreement by and Between the City of Tukwila and SEBCO Inc. for Payment in Lieu of Constructing Frontage Improvements Parties: SEBCO Inc.. 4020 East Madison Street, Ste 320 Seattle, WA 98112 Attn: Jay Blasingame Legal Description: A Portion of S 389.23 FT OF GL 10 LY E OF ST RD #1 TGW S 389.23 FT OF SW '/4 OF SW 1/4 STR 03-23-04 W OF CO RD LESS PL R/W LESS TRANS LN R/W PER TUKWILA LOT CONSOLIDATION #L16-0074 REC # 20170913900006 AND RERECORDED UNDER REC # 201803002900007. Assessor's Property Tax Parcel/Account Nurnber(s): 042304-9014 LS- L S\S°\ Thls Document Is Recorded As A Courtesy Only. FlrstAmerican Title Insurance Company Assumes No Liability For tiulficiency.Valldily or Accuraey AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SEBCO,Inc. FOR FOR PAYMENT IN LIEU OF CONSTRUCTING FRONTAGE IMPROVEMENTS This Agreement is made and entered into this /-5-Lrday of October 2018, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SEBCO Inc., ("Developer") a Washington Corporation, having place of business at 4020 East Madison St., Ste 320, Seattle, WA 98112. I ("Developer") I. RECITALS WHEREAS, the Developer wishes to construct a new 97,932 tilt up warehouse building and associated site improvements (storm drainage, parking, landscaping ,etc) at 11060 Tukwila International Blvd, Tukwila, Washington ("Development") with other associated on -site private improvements; more particularly described by the legal descriptions contained in Attachment A, attached hereto and incorporated by reference; and WHEREAS, under TMC Chapter 11.12.030, this proposed development is required to install curbs and gutters, sidewalks and other frontage improvements in accordance with specifications and standards of the TMC and approved by the Public Works Department; and WHEREAS, all roadway design in the City shall meet the design guidelines and requirements in the Transportation Element of the Comprehensive Land Use Pan, other applicable subarea plans and the requirements under Tukwila Municipal Code ("TMC"); and WHEREAS, under TMC Section 11.12.030(C) payment in lieu of improvements is an option authorized by the zoning code that may be exercised by the Developer if approved by the Director of Public Works; and WHEREAS, the City and Developer have agreed that street frontage improvements would be more efficiently constructed as part of the City's Project and the Developer agrees to pay the City an amount equal to the cost of installing the required frontage improvements as specified in this agreement; and WHEREAS, pursuant to TMC 11.12.030(C) the Developer and City hereby enter into this agreement pursuant to the terms and conditions set forth herein; NOW THEREFORE, in consideration of the foregoing mutual promises and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Improvements. The Director has determined that street frontage improvements required for the Development should be constructed as part of the City's Project. Page 1 of 5 2. Payment. The Developer has provided documentation satisfactory to the Director that establishes the cost of materials, labor and quantities in an amount equal to the property owner's cost of installing frontage improvements. The Developer shall pay to the City a total amount of $159,111.62 (13,735.27 for Tukwila International Blvd and $ 145,376.75 for S 112th Street) in lieu of constructing the frontage improvements Prior to request for occupancy, the Developer shall place with the City cash or cash equivalent form acceptable to the City of Tukwila. Length of Agreement This Agreement shall remain in effect for 5 years from the date of the execution of this Agreement by all parties. The Public Works contact shall be awarded by the City 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 Development's frontal improvements Termination of Agreement The Developer, as part of this Agreement has assigned funds to the City in the amount of S159,111,62. These monies will remain with the City and accrue interest which may be used as part of the final actual cost of the frontal improvements. If the City doesn't 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, at the City sole discretion, on improvements to Tukwila International Blvd and South 112tLi Street 3. Amendment. This Agreement shall only be amended by a written agreement executed by both the Developer and the City. 4. Recording. The terms and conditions of this Agreement shall be covenants running with the land. The Developer authorizes this to be recorded in the office of the Recorder, King County, Washington. 5. Enforcement. This Agreement shall only be enforced by the parties hereto. No third party shall have standing to enforce the terms of this Agreement. 6. Waiver of Objection. The Developer, for itself and its successors and assigns hereby waives any objection that it may have to the payment. 7. Severability. If any section, sentence, clause, provision or portion of this Agreement is declared unlawful or unconstitutional for any reason, the remainder of this Agreement shall continue in full force and effect. 8. Notice. All notices or communications provided for by this Agreement must be in writing, and may either be delivered personally, by certified mail, or by express delivery service, return receipt requested. Such notices shall be deemed delivered on the date of receipt, as Page 2 of 5 evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or communications shall be given to the Parties at their addresses set forth below: Page 3 of 5 For the City of Tukwila: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 For Sebco Inc: Sebco,C-orporation Attn: 4020 East Madison St., Ste #320 Seattle, WA 98112 9. Entire Agreement. This Agreement contains the entire Agreement between the Developer and the City regarding this subject matter. 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. ON BEHALF F CITY 0 T KWILA, a Washington municipal corporation By: an Ek Its: Date: D- Attest/Authenticated: Christy O'Flaherty, City Clerk ON BEHALF OF SEBCO,Inc. By: Its: Date: Mayor j Page 4 of 5 STATE OF WASHINGTON ) )ss COUNTY OF 4 (13 On 12 Z(0-(8 , 2018, before me, the undersigned, a Notary Public, personally appeared ALLAN EKBERG, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. \ STATE OF WASHINGTON ) )ss COUNTY OF '<I.: ) WITNESS my hand and official seal. 61,oryi. Print Name: A t Did-czo-A NOTARY PUBLIC in and for the State of Washington, residing at 1—A- My commission expires: i 2 1 g On (- I '7 , 2018, before me, the undersigned, a Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as V C of SEBCO Inc. and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. LUp 1, .11111 °TA"? (f) CO -5 6 /8 0 17,\"1/0 ill V AS WITNESS my hand and official seal. / A -A-- IA - Print Name: 14 a- LA NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: c-1 -1 1 --- Page 5 of 5 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 3; AND OF GOVERMENT LOT 10 IN SECTION 4, OF TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, ALL LYING BETWEEN THE EASTERLY MARGIN OF STATE ROAD NO. 1 (TUKWILA BOULEVARD, PACIFIC HIGHWAY SOUTH) AS CONVEYED BY DEEDS RECORDED UNDER RECORDING NOS. 3909047 AND 3909049, AND THE WESTERLY MARGIN OF EAST MARGINAL WAY SOUTH (STATE HIGHWAY NO. 5-M, DUWAMISH ROAD) RIGHT OF WAY, AND LYING SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 389.23 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 4 EXTENDED EAST; EXCEPT THE SOUTH 60 FEET THEREOF AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648 BY THE CITY OF SEATTLE FOR PIPELINE RIGHT OF WAY, PURSUANT TO ORDINANCE NO. 37022; AND EXCEPT THAT PORTION THEREOF AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 469557 BY THE CITY OF SEATTLE FOR TRANSMISSION LINE PURPOSES, PURSUANT TO ORDINANCE NO. 82986; AND EXCEPT THAT PORTION THEREOF AS CONVEYED TO KING COUNTY FOR WIDENING SAID EAST MARGINAL WAY SOUTH UNDER RECORDING NO. 8806090815, AND EXCEPT THAT PORTION THEREOF LYING BELOW THE 500 FOOT VERTICAL DEPTH LEVEL BELOW THE SURFACE OF THE. PROPERTY, AS RESERVED UNDER RECORDING NO. 6262412.