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Home My WebLink About1978 - Landscaping and Maintenance Agreement - 60-61 Southcenter Association - 78030809317803080931 FAR LANDSCAPING AND MAINTENANCE AGREEMENT RE0J''__ WHEREAS, the City of Tukwila, a municipal corporation, herein referred to as "City" received by deed from the State of Washington certain excess right -of -way property lying northerly of Southcenter Boulevard (formerly Renton -Three Tree Point Road or Secondary State Highway No. 1 -L) and westerly of relocated 62nd Avenue South; and WHEREAS, the City desires to retain} ownership of the excess right -of -way property as a means of controlling commercial access to Southcenter Boulevard and as a -means of establishing and preserving a greenbelt area along Southcenter Boulevard for the permanent use and benefit of the City; and WHEREAS, the City has no funding presently available to develop or maintain greenbelt landscaping on the excess right -of- way property; and WHEREAS, Erwin W. Steinle, Phyllis Jo Steinle, Gary W. Scott, Susan Scott, D. Bruce Morgan and Barbara J. Morgan, herein referred to as "Developers" as owners and developers of certain property contiguous to a portion of the excess right -of- way property are willing to design, construct and install certain landscape improvements on a portion of the excess right -of -way property and to deed and dedicate those improvements to the City and to thereafter maintain and preserve them for the benefit of the City; now, therefore, It is mutually agreed as follows: ;1. City grants to Developers" a limited right of entry upon that portion 'of the excess right -of -way property more fully described on Exhibit "A", attached hereto; incorporated herein by this reference and herein referred to as "slope property." Said right of entry shall permit non exclusive entry upon the slope property by Developers and their agents as necessary and conve- nient during the term of this agreement and any extensions hereof for the construction, installation and maintenance of landscape improvements to be planted and installed thereon by Developers in accordance with plans and specifications as provided in Para- graph 3 hereof. 2. City expressly reserves the right of entry upon the slope property and the right to devote so much of th6 slope property as it deems necessary or desirable to any public use, 6. 62g'ox�o MA including highway or related uses; provided, in the event the City causes the landscape improvements to be altered or damaged by the actions of the City, the City shall have the option to repair the improvements at the expense of the City or to relieve Developers of any further obligation with respect to the altered or damaged areas. 3. Developers agree to promptly and diligently undertake to complete the landscape improvements on the slope property in accordance with generally accepted horticultural practices and with the schedule and plans and specifications to be prepared by Developers at their sole expense and approved by the Public Works Director or his authorized representative and when so approved to be incorporated herein by this reference. The City shall accept a transfer and conveyance of title to all improvements from Developers when completed. The Developers may submit, at their own expense, an appraisal reflecting the fair value of the improve- ments so transferred and, if requested, the City shall provide Developers with reasonable written verification of the value of said improvements. Developers agree to keep the slope property and all improvements thereon free and clear of any and all liens or claims of lien and to provide the City lien waivers or other satisfactory evidence of compliance with this paragraph. 4. Developers agree to maintain the landscape improvements in accordance with generally accepted horticultural practices, and to donate, without cost to the City, all their labor and costs in doing so for a term of ten years. This agreement shall be automatically extended for a like term of ten years unless this agreement is earlier terminated by mutual agreement of both parties, and subject to thirty days' notice prior to termination. .5. All obligations of Developers shall be deemed covenants running with and binding upon the land of Developers which is more fully described as follows: That portion of Tract 12, Interurban Addition to Seattle, according to the plat .recorded in Volume -10 of Plats, page 55, in King County, Washington, lying northerly of Secondary State Highway No. 1 -L, except the east 100 feet thereof; also the north 25 feet of the east 100 feet of said Tract 12; except that por- tion thereof deeded to the State of Washington for highway purposes under Auditor's File No. 5473600. and shall be binding on Developers' heirs, successors and assigns.. 0 2 6. This agreement shall be effective upon issuance of the footings and excavation permit to Developers for construction on the property described in Paragraph 5 above and the mutual approval of schedule, plans, and specifications described in Paragraph 3 above; provided, Developers' obligations shall be suspended during any period of delay in issuance of any necessary construc- tion permits or approvals relating to work on the slope property or the property described in Paragraph 5 above. The initial landscape improvements shall be completed in accordance with approved'plans and specifications be &re a final occupancy permit will be issued. 7. Developers agree to indemnify and to hold the City fully harmless from any occurrence, ios� or damage caused by or arising as a result of Developers' landscape construction, maintenance or occupancy of the slope property. Developers agree to promptly stabilize and restore any slides, failures or siltation from the slope property unless caused by actions of the City pursuant to its reserved powers in Paragraph 2. 8. Developers agree to carry and maintain at their sole cost and expense, public liability and property damage insurance with personal injury liability insurance limits of not less than $500,000 per person /per occurrence insuring against any and all liability of the Developers or the City with respect to the slope property and landscaping thereon or arising out of the construc- tion, maintenance, use and /or occupancy thereof, and property damage liability insurance with a limit of not less than $200,000 per accident or occurrence: All such bodily injury liability insurance and property damage liability insurance shall specifi- cally assure the performance by Developers of the. indemnity agreement contained in Paragraph 7 hereof. Developers L- obligation to carry the insurance provided for herein may be brought within the coverage of a so- called blanket policy or policies of insurance carried and maintained by Developers; provided, however, that the City shall be named as an additional assured thereunder as its interest may appear. Developers agree to file a true and accurate original copy of said policy and renewals thereof with the City Clerk. '9. City makes no representations or warranty as to the condition of the soil, stability of the slope property, etc. and Developers have not relied upon any such representation. If, however, it should prove to be practicably impossible to complete the improvements in accordance with the schedule, plans and specifications as set out in Paragraph 3, due to the weather, soils conditions or other geological conditions encountered on the slope property, this agreement shall not be terminated but a. eTr the parties shall re- negotiate, within 60 days, new schedules, plans and specifications which are not unreasonably more expensive to complete or maintain and such substitute plans shall be adhered to by Developers. During the period of re- negotiation, before the new schedule, plans and specifications are approved, Devel- opers' obligation to maintain, stabilize, preserve, protect and restore the slope property shall continue and if no new agreement can be reached or if it is not feasible to complete the project in any form due to adverse weather, soils condition or other geological conditions encountered, then Developers' further obligations hereunder may be relieved and• discharged, but only after Developers have stabilized, preserved, protected and restored the slope property to its former natural contours, grades, ground cover and condition. DATED: March 1978. CITY OF TUKW I LA Y Mayor By City Clerk DEVELOPERS l Twin W: Steinlb' Phyll* Jo �teinle 'Gary''Gd. Scott u� san J. ;�'cott D. Bruce Morgan Barbara J Morgan v 2 0. s- j STATE OF WASHINGTON ss. COUNTY OF K I N G On 6 1978, before me, the undersigned, a Notary Publ 'ic in and for the State of Washington, duly commission- ed and sworn, personally appeared F. j3 and t lla i P- A e r so ,ft_, to me known to be th Mayor and City Clerk, respectively, of the City of Tukwila, the municipal corporation that executed the 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 they were authorized to execute the said instru- ment and that the seal affixed is -the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year.in.this certificate above written. v.' Notary Pxfblic residing;' u bum STATE OF WASHINGTON ss. COUNTY' OF K I N G On Cx/ 1978, before me, the undersigned, a Notary Public in and for the State of Washington, duly com- missioned and sworn, personally appeared Erwin W. Steinle, Phyllis Jo Steinle, Gary W. Scott, Susan J. Scott, D. Bruce- Morgan and Barbara J. Morgan, to me known to be the individuals described in and who executed the within and foregoing instru- ment, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Not y Public residing at�� ti 5 EXHIBIT A That portion of Tract 12, Interurban Addition to Seattle, according to the plat recorded in Vol- ume 10 of plats, page 55, �p King County, Washing- ton lying northerly of Secondary State Highway No. 1 -L as conveyed by'the.State of Washington to the City of Tukwila by deed dated November 23, 1976, recorded November 30, 1976, -under King County Audi- tor's file No. 7611300924, less the east 100 feet thereof. N