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Home My WebLink About09-100 Amd C - Segale Properties (La Pianta LLC) - Tukwila South Development Agreement09-100(c) SECOND AMENDMENT TO App. via Sect. 8 DEVELOPMENT AGREEMENT BY AND pg. 36 BETWEEN THE CITY OF TUKWILA of original DA AND SEGALE PROPERTIES,LLC, FOR THE TUKWILA SOUTH DEVELOPMENT THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the "Second Amendment") is made and entered into this 4Q.Nay of November, 2012 by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SEGALE PROPERTIES LLC, a Washington limited liability company ("Segale"), formerly known as "LA PIANTA LLC." I. RECITALS WHEREAS, the City and Segale entered into that certain .Development Agreement relating to the Tukwila South development, dated June 10, 2009 (the "Development Agreement") as amended pursuant to that certain First Amendment to Development Agreement dated May 18, 2010 (the "First Amendment"). WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed Ordinance No. 2240, vacating portions of the existing Southcenter Parkway right-of-way consistent with section 4.11 of the Development Agreement; and WHEREAS, Ordinance No. 2240 inadvertently failed to address replacement access to the two properties more particularly described in Exhibit A-1 (the "GWI Parcel') and Exhibit A-2 ("M&P Parcel'), both of which are located along the Southcenter Parkway right-of-way; and WHEREAS, Segale desires to cooperate with the City in amending Ordinance No. 2240 to allow for access to the GWI Parcel and the M&P Parcel; and WHEREAS, Section 4.8.3 of the Development Agreement provides that the Development Agreement will automatically terminate if the Parties do not execute a memorandum of understanding documenting the accounting protocols by a date certain; and WHEREAS, the Parties previously agreed to extend the deadline for executing a memorandum of understanding documenting the accounting protocols such that the effective deadline for executing such memorandum is 15+ af a 6y(S1►"%0_&U October 31, 2012. To date the Parties have not agreed on accounting protocols and neither Party desires to have the Development Agreement terminated; and NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and Segale, the parties hereby agree as follows: 11. AGREEMENT 1. The Development Agreement is hereby reinstated and shall be in full -force and effect. Defined terms used herein shall have the meanings set forth in the Development Agreement. Segale and La Pianta may be used interchangeably, and shall be deemed to refer to the same entity. 2. Section 4.11 of the Development Agreement is hereby amended such that the area shown on the attached Exhibit B (the "Access Area"), which is a portion of Frager Road/Southcenter Parkway, shall no longer be vacated by the City. However, in the event Segale acquires both the GWI Parcel and the M&P Parcel, the City shall vacate the Access Area at no cost to Segale. 3. Section 4.8.3 of the Development Agreement is hereby amended such that October 31, 2013 shall be the new deadline for the Parties to execute a memorandum of understanding documenting the accounting protocols. The Parties agree to meet no later than January 31, 2013 to begin discussions regarding the accounting protocols and shall meet no less than once quarterly to continue these discussions until the memorandum of understanding documenting the accounting protocols is completed. If a memorandum of understanding documenting the accounting protocols is not executed by October 31, 2013, the Development Agreement shall automatically terminate. 4. This Second Amendment shall be recorded against the Tukwila South Property as a covenant running with the land. 5. Notice address for Segale shall be as follows: If to Segale: Segale Properties LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale 6. Except as amended herein, the terms and provisions of the Development Agreement remain in full force and effect. In Witness Whereof, the parties have caused this Second Amendment to be executed, effective on the day and year set forth on the first page hereof. Exhibit A-1 Legal Description of GWI Property Parcel No. 352304-9014: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 000 58' 10" WEST 313.17 FEET SOUTH AND NORTH 890 01' 50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67° 36'00" EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 670 36'00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Parcel No. 352304-9081: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH 000 58' 10" WEST 313.17 FEET AND NORTH 890 01'50" WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 670 36'00" EAST 248.63 FEET; THENCE SOUTH 23° 57'22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING; THE NORTH 66° 02'38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH); THENCE NORTH 23° 27'22" EAST 5.14 FEET TO THE NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 890 01'50" EAST TO BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 660 02'38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. CITY OF TUKWILA, a Washington municipal corporation By: i?Ht ggert ayor r1. Segale Properties LLC, a Washington limited liability company By: Metro Land Development, Inc., Its: Manager In Mark A. Segale, Vice -President Date: STATE OF WASHINGTON ) ss. COUNTY OF KirJ 9) On this O' day of 2011 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared `T, ��a, tome known to be the person who signed as a of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged 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 was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature o Notary) M. y (Print or stain name of Notary) FA4 "PT, ' NOTARY PUBLIC in and for the State Geuo of Washington, residing at 51,"w �t 16 C�lft%4;^�My appointment expires: � - q -I& CITY OF TUKWILA, a Washington municipal corporation A -- Jim Haggerton, Its Mayor Date: Date: Segale Properties LLC, a Washington limited liability company By: Metro Land Develop t, Inc., Its: Manager/" --,A Mark A. SegaleNice-Rresident Date: 1j// 001 STATE OF WASHINGTON ) ss. COUNTY OF n ) 5« On this -�2y day 20 )�-, before me, the undersigned, a Notary Public i and for the State of Washington, duly commissioned and sworn, pe isoanally appeared Mark A. Segale, to me known to be the person who signed as Vice President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged 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 Mark A. Segale was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of N ary) (Print or stam name of Notary) QF"Ag��= NOTARY PUBLIC in and for the State Washington, S of residing at r� My appointment expires: 31zB113 Exhibit A-2 Legal Description of M&P Parcel Parcel No. 352304-9082: THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05" EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST 520.10 FEET; THENCE SOUTH 73005'40" EAST 233.32 FEET; THENCE NORTH 16029'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16029" 55" EAST 100 FEET; THENCE SOUTH 64°17'20" EAST 232.26 FEET TO THE BANK OF GREEN RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66002'38" WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25001'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25001'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05" EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST TO A POINT WHICH BEARS NORTH 66002'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66002'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Exhibit B Access Area Exhibit B LINE 1 % 3523049116 0 0 f N.T.S. \ 41.5' 415, NW CORNER PER C REC ION QUIT CLA DEED, RECORDING NO. 20060823000383 3523049014 PROPOSED MONUMENT h� o PROPOSED RIGHT-OF-WAY --- EXISTING RIGHT-OF-WAY 3523049081 SU i f I 3523049082 0 z LINE 2— EASTERLY J MARGIN OF NEW / SOUTHCENTER PARKWAY ESTABLISHED IN 2012 / PC _ 742+04.60 U o VACATION AMENDMENT AREA � P-1 STREET VACATION AMENDMENTDAVID EVANS '� ANDASSOCIATES INC. PORTIONS OF THE SW1 /4 OF SECTION 35, 415 -118th Avenue SE TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., "' Bellevue Washington 98005-3518 CITY OF TUKWILA, KING COUNTY, WASHINGTON Phone: 425.519.6500