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HomeMy WebLinkAboutRes 0506 - Development Agreement - South 143rd Street ImprovementsRESOLUTION NO. 506 CITY OF TUKWILA WASHINGTON RESOLUTION AUTHORIZING THE MAYOR, AS CHIEF EXECUTIVE OFFICER, TO ENTER INTO A DEVELOPER'S AGREEMENT WITH OAK HARBOR FREIGHT LINES TO IMPROVE A PORTION OF SOUTH 143RD STREET. WHEREAS, The owner of property on South 143rd Street desires to improve the street serving its property by grading and surfacing the road and providing storm drainage under a developer's agreement as provided by Chapter 17.20 of the Tukwila Municipal Code, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA RESOLVE: 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, Oak Harbor Freight Lines, to provide for development of South 143rd Street by filling, grading and surfacing South 143rd Street and providing storm drainage, all in accordance with Chapter 17.20 of the Tukwila Municipal Code. A copy of said agreement is attached hereto and incorpor- ated herein by reference. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, At a regular meeting thereof this 15th day of December 1975 frank Todd mayor Shirlee Kinney City Clerk DEVELOPER'S AGREEMENT The City of Tukwila, a municipal corporation, in the State of Washington, hereinafter referred to as City, and Oak Harbor Freight Lines, a Washington Corporation, hereinafter referred to as Developer, agree as follows: WHEREAS the City of Tukwila has a comprehensive street plan and minimum street standards for the control and design of traffic within the City and WHEREAS the Developer desires to improve certain storm drainage facilities and streets at its own costs for a portion of said property for connection with, delivery to and operation of the City. Said improvements are hereinafter called "The Development NOW, THEREFORE, it is agreed: 1. The land or real property for which "The Development" is requested and to which this agreement applies is real estate in Tukwila, Washington, described in Exhibit A, which is by this reference made a part hereof as if set out in full. 2. The Developer shall deliver to the City the plans and specifications for the storm drainage and contemplated street improvement. The plans and specifications for "The Development" shall be according to the standards established by the City. Said plans and specifications shall be in conformity with all applicable State statutes and City ordinances and in the event there are no applicable ordinances or statutes all installations shall be in accord- ance with good and workmanlike methods as set forth by the Public Works Director. Plans and specifications shall be presented to the Public Works Director at least ten (10) days prior to commencement of construction. 3. No construction shall be commenced before the City has notified the Developer in writing that the plans and specifications have been approved. Provided, that, however, in certain instances special permission may be granted by the Public Works Director on various phases which in his opinion may proceed without written approval of the plans and specifications. Such preliminary commencement of work shall not constitute a waiver of any requirements of this agreement. 4. The City shall perform all inspection of "The Development" and no development facilities shall be covered up prior to inspection. If any work should be covered up prior to inspection, it must, if required by the Public Works Director, be uncovered for examination. Developer agrees to comply with all of the City's reasonable inspection requirements. Developer shall maintain at the construction area, at all times during construction, a representative to whom the City's notices may be given during construction. Said representative shall be designated in writing by the Developer. 5. Upon completion of construction and upon the certification from the Public Works Director that "The Development" meets the minimum standards of the City, Developer shall assign and convey all permanent facilities of "The Development" to the City. 6. Developer shall notify the City of the date the work and construction described in this Agreement shall commence, said notice shall be given not less than two days before said commencement date. After the work is commenced, it shall vigorously, consistently and in a first -class workmanlike manner be carried to completion. 7. Developer will procure all necessary State, County and local licenses and permits for construction. 8. Testing all systems within "The Development" shall be performed as required by the City in accordance with the City requirements as set forth by the Public Works Director. 9. Developer hereby agrees to indemnify and hold the City harmless from any and all claims which may be asserted against the City as result of the construction, or maintenance of the work described in this agreement prior to acceptance by the City. Developer shall maintain in full force and effect during the construction period, liability insurance satisfactory to the City and naming the City as an additional insured. 10. The City and Developer agree that in carrying out the terms of this contract, the Developer shall be acting as an independent contractor and in no respect shall be deemed an agent of the City. 11. The Developer shall not assign this contract without the written consent of the City. 12. The City covenants and agrees that it will maintain and operate "The Development 13. Partial waiver or waiver by acquiescence by the City of any provision or conditions of this agreement shall not be a waiver of any other provision or condition of this agreement. 14. This agreement shall constitute an easement and servitude and a covenant running with the land upon the property described in this agreement shall be binding upon the heirs, assigns and successors in interest to the Developer. 15. When notified to make any changes or corrections by the Public Works Director, the Developer agrees to make said changes or corrections within the time set forth in said notice. In the event of failure to make said corrections or changes all rights of the Developer under this agreement shall terminate and a stop work order shall be issued by the City to all phases of "The Development SIGNED this a q day of 1975, at Washington. OAK HARBOR FREIGHT LINES BY: /2A4 11 Henry Vary'er Pol, Owner /Ptkident CITY OF TUKWILA BY: Frank Todd;'Mayor ATTEST: A& 4 1N City Clerk