HomeMy WebLinkAboutRes 0727 - Development Agreement - LIDS (Local Improvement Districts) in South 134th Street Area
RESOLVES:
CITY OF TUKWI
WASHINGTON
RESOLUTION NO.727
RESOLUTION AUTHORIZING THE MAYOR, AS CHIEF EXECUTIVE
OFFICER, TO ENTER INTO A DEVELOPER'S AGREEMENT WITH
FOSTORIA PARK ASSOCIATES, ET.AL. PARTNERSHIP OF THE
STATE OF WASHINGTON, TO PARTICIPATE IN FUTURE LOCAL
IMPROVEMENT DISTRICT(S) IN THE VICINITY OF SOUTH
134TH STREET.
WHEREAS, the owner of property fronting on South 134th St.
desires to construct a light industrial development and
WHEREAS, Public Works Dept. review of the building permit
environmental checklist revealed that the street surface width and condition
and the condition of other public improvements in the area were insufficient
to serve the magnitude of the proposed project and
WHEREAS, the property owner and City staff generally agree
that the most logical means by which to effect comprehensive upgrading of
public improvements in the vicinity of the subject site is through formation
of one or more local improvement districts.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA
COUNCIL ACTION
MEETING AGENDA
TYPE DATE ITEM ACTION
That the Mayor, as chief executive officer of the City of
Tukwila, be and he is hereby authorized to enter into an agreement with the
property owner, Fostoria Park Associates, et. al. For owners participation
in future Local Improvement District(s) in the vicinity of the subject property.
A copy of said agreement is attached hereto and incorporated
herein by reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this J) t day of axzolLY 19 ,P0
U
ATTEST:
Mayor
DEVELOPMENT AGREEMENT
THIS AGREEMENT executed this date in favor of the City of Tukwila, a
municipal corporation of the State of Washington (hereinafter called ''City
FOSTORIA PARK ASSOCIATES, et al, partnership of the State of Washington,
Robert E. Storseth, Thomas W. Gordon and Jon C. Peterson (hereinafter collect-
ively called "Owner
WITNESSETH:
WHEREAS, FOSTORIA PARK ASSOCIATES, is presently the owner in fee of the
property located in the City of Tukwila, described on Exhibit "X attached
hereto (hereinafter called "the Property
WHEREAS, the City's Department of Public Works has determined that in order
to provide for the public health, safety and general welfare with respect to
the subject Property and other property located in the vicinity of the Property,
one or more local improvement districts (hereinafter called "the Local Improve-
ment District may be formed for the purpose of improving South 134th Street
providing for arterial street improvements, and including but not limited to,
utilities such as power, undergrounding, sidewalks, storm* and sanitary sewers
and water services;
WHEREAS, Owner is willing to equitably participate in said Local Improve-
ment Districts in the event one or more such LID is created;
NOW, THEREFORE, THE PARTIES HERETO COVENANT AND AGREE AS FOLLOWS:
1. In the event the City finds that the creation of the Local Improve-
ment District is within the public health, safety and general welfare, and such
District or Districts include within its /their boundaries the property subject
to this Agreement, the Owner agrees to participate equitably in such Local
Improvement Districts, and hereby waives any right to protest the formation of
said LID or LID's.
2. In the event one or more Local Improvement Districts are formed and
Owner has already constructed, at its expense, improvements to its portion of
the street which conform with all applicable federal, state and local laws, rules
and regulations, then to the extent those improvements reduce the benefit to the
Property from the Local Improvement District, the Owner shall be given credit by
the City for purposes of evaluating the special benefit to the Property from the
Local Improvement District. In any event, the Owner shall not be assessed by the
City where the Property is not benefited by the Local Improvement District, but,
to the extent the Property does specially benefit from the Local Improvement Dis-
trict, the Property shall be assessed to pay its equitable share of the cost of
such project.
3. The City will, if all legal and administrative prerequisites are
complied with be the Owner, issue the street use and utility permits needed by
the Owner for the Property.
tThe undergrounding of storm systems may include a storm pipe at the location of
the present ditch adjacent to the property line next to So. 133rd St.
Approved as to form:
4. This Development Agreement shall be recorded, and shall be binding
on all the parties to this Agreement and their heirs, successors, and assigns.
DATED: 4. 4. /9,f
0
FOSTORIA PARK ASSOCIATES
By
ATTEST: ACCEPTED:
By:
Clerk, City of Tukwila Mayor, City of Tukwila
City Attorney
Approved as to adequacy:
Department of Public Works
STATE OF WASHINGTON)
ss.
COUNTY OF KING
Page 2
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On tnis �.2. n day of (20_. 1980 personally appeared *net
(job er1 F. Stors&t i to me know to be the n e and
1"1ana� Par troer respectively, of Fostoria Park Associates, the corpora
that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein
tnQd -"and on oath stated that they were authorized to execute said instrument.
Not r Public in and for-the •Stat-614 C...
Washington residing at y, 1,,: ,t,AW `M