The URL can be used to link to this page

Home My WebLink About2025 - Fourth Amendment to Development Agreement for Tukwila South - Segale Properties / City of Tukwila - 20250109000508Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -1 of 8 Record Date:1/9/2025 1:17 PM Electronically Recorded King County, WA When Recorded Return to: Nancy Bainbridge Rogers Cairncross & Hempelmann, P.S. 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 This document filed for record by Fidelity National Title NCS Seattle as An accommodation only. It has not been Examined as to it's effect on the title. FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT Reference Number(s) of Documents assigned or released: 20100726001100; 20100726001101;20130228000691; 20130228000692; and 20140624000980 Grantor: SEGALE PROPERTIES LLC, a Washington limited liability company MAS TUKWILA LLC, a Washington limited liability company LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership H&H ANDOVER PARK, LLC, a Washington limited liability company CONTINENTAL MILLS, INC., a Washington for profit corporation Grantee: CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation Abbreviated Legal: N/A Tax Parcel Nos.: 870021-0050; 870021-0040; 870021-0030; 870021-0020; 870021-0010; 870021-0100; 870021-0090; 870021-0080; 870021-0110; 870021-0120; 870021-0130; 032204-9062; 870040-0200; 870040-0210; 870040-0220; 870040-0230; 870040-0240; 870040-0250; 870040-0260; 870040-0270; 870040-0180; 870040-0190; 870040-0040; 870040-0050; 870040-0060; 870040-0070; 870040-0082; 870040-0090; 870040-0100; 870040-0110; 870040-0120; 870040-0130; 870040-0140; 870040-0150; 870040-0160; 870040-0170; 870040-0010; 870040-0020; 870040-0030; 352304-9109 Instrument Number: 20250109000508 Documcnt:AMND Rce: $310.50 Page -2 of 8 Record Date:1/9/2025 1:17 PM King County, WA 09-100(g) Council Approval 12/16/24 Ordinance No. 2752 FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT THIS FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (the "Fourth Amendment") is made and entered into this �i'�` day of December, 2024, by and between the CITY OF TUKWILA, a non -charter, optional code Washington municipal corporation ("City"), SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation ("Continental Mills") (together, the "Parties"). I. RECITALS WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta LLC) entered a Development Agreement (the "Original Agreement") regarding the Tukwila South project, then comprising approximately 512 acres of real property, and recorded the Original Agreement at King County recording no. 20100726001100, and the Original Agreement was revised five times, with the First and Third Amendments recorded at King County recording nos. 20100726001101 and 20140624000980, and two Addenda recorded at King County recording nos. 20130228000691 and 20130228000692, and the Second Amendment, dated November 20, 2012, which remains unrecorded. WHEREAS, Mas Tukwila, LIT Industrial, H&H Andover Park, and Continental Mills have each acquired certain parcels subject to the Original Agreement. WHEREAS, the Original Agreement, as revised, is set to expire on December 22, 2024, and all Parties wish to enter a six-month extension. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to the Parties, the Parties hereby agree as follows: IL AGREEMENT 1. The first sentence of Section 9.13 of the Original Agreement is hereby amended to read: "The Term of this Agreement is extended to June 23, 2025." The Parties agree the June 23, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting. [signature pages to follow] Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -3 of 8 Record Date:1/9/2025 1:17 PM King County, WA CITY OF TUKWILA, a Washington municipal corporation By - Na e: Thomas McLeod Its: Mayor Date: 1-I "' ATTEST: Ali Ci Cle k City Attorney STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me- -� O, M , to me known to be the mayor of CITY OF TUKWILA, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington m nicipal corporation for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. 2024. GIVEN under my hand and official seal this day of i)Lj, M\g tAf , 04# AAA At— KAM" P �!frin n me f notary) s�" T R BLIC in and for the State of 17697 .6&.,%c,Washington, residing at '� V (,ur P fid► � Z -3-1 9.toil �� My commission expires 'I �I11j..PP WA3N��'`� Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -4 of 8 Record Date:1/9/2025 1:17 PM King County, WA SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro 1 Its: Manage By: Nan Its: l Dat( STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me Mark A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., the manager of SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this ;Q# day ofgo Ve' M')W 2024. BRITTANY MICHELLE WAXMAN Notary Public State of Washington Commission # 23010404 My Comm. Expires Apr 26, 2027 r LrQ OaC1l�1 (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at Aa My commission expires Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -5 of 8 Record Date:1/9/2025 1:17 PM King County, WA MASKWILA LLC, a W ngton limited liability company By: -- Brett Jac Manager STATE OF WASHINGTON ) ss. COUNTY OF KING } On this day personally appeared before me BRETT JACOBSEN, to me known to be a manager of the MAS TUKWILA Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this 'Z5 day of , 2024. Angela eano G � Notary Public (print name Aiotary) E te of Washington NOTARY PUBLIC in and for the State of ntment Expires 812112027ssion Number 23026425 Washington, residing at My commission expires Z@. Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -6 of 8 Record Date:1/9/2025 1:17 PM King County, WA LIT INDUSTRIAL LOOTED PARTNERSHIP, a Delaware limited partnership By: LIT Holdings GP, LLC, a Delaware limited liability company Its: General Partner D1401Byi. on onklin (Nov 22, 2024 06:58 PST) Name:Dayton Conklin Its: SVP �, ► e 1 STATE OF 7) ss. COUNTY OF ) On this day pe onally appeared before meR o me known to be a gpC 6cp_'�c^ �of LIT Holdings GP, LLC, a Delay are limited liability company, the general partner of LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited partnership, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this 32_ day of�)ec!poLj,_, 2024. at ar" J;RITTANY M(;L;AMH_ 13,N4a�� f 0�0� Rub!ic, State of Texas (Print name f notary) Y .°'� cemm. Expires 10-07-21028 NOTARY PUBLIC in and for the State of Pdo, / ID 135120198 � residing at �,i n � 23 My commission expires iOL7Iac3a52 C� Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -7 of 8 Record Date:1/9/2025 1:17 PM King County, WA H&H ANDOVER PARK, LLC, a Washington limited liability company By: Peter Hollomon Director Date:1 Z02ff STATE OF WASHINGTON } } ss. COUNTY OF KING ) On this day personally appeared before me PETER HOLLOMON, to me known to be a member of the H&H ANDOVER PARK Limited Liability Company, the limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the fire and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to exeente cairl inOrnment_ GIVEN under my If/ and official seal this day of j0MY,lYkI .2024. o•• tP / 'i s JO..��p�.lUry�j,a2'L C, :•o-��NOTARI- c • "UBLAG WA*S��r..•°6 (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at if lel ow'e, a4— My commission expires r r p . Instrument Number: 20250109000508 Document:AMND Rec: $310.50 Page -8 of 8 Record Date:1/9/2025 1:17 PM King County, WA CONTINENTAL MILLS, INC., a Washington for profit corporation C By: Robert Dilworth CFO Date: C STATE OF WASHINGTON } } ss. COUNTY OF KING } On this day personally appeared before me ROBERT DILWORTH, to me known to be CFO of CONTINENTAL MILLS, INC., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that btL-- is authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 11--'' GIVEN under my hand and official seal this 910 day of 2024. 4+dcrsn n ASHLEY SUSANNA NYAL HENDERSON Notary Public State of Washington (Print name of notary) Commission # 20103646 NOTARY PUBLIC in and for the State of My Comm, Expires Feb 25, 2028 Washington, residing at kil%� I Whi COAt11►[kJ4 MIN kt. i My commission expires