HomeMy WebLinkAboutRes 0575 - Development Agreement - 53rd Avenue South ImprovementsC!TY OF
WASHINGTON
RESOLUTION NO. 575
RESOLUTION AUTHORIZING MAYOR TO ENTER INTO A
DEVELOPERS AGREEMENT WITH MONTY R. COOKE TO
IMPROVE A PORTION OF 53RD AVENUE SOUTH.
WHEREAS, the owner of property on 53rd Avenue South desires
to improve the street serving its property by grading and surfacing the
road and providing storm drainage under a developers agreement as provided
in Chapter 17.20 of the Tukwila Municipal Code,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
RESOLVES AS FOLLOWS:
That the Mayor of the City of Tukwila be and he is hereby
authorized to enter into an agreement with the property owner, Monty R.
Cooke, to provide for development of 53rd Avenue South by filling, grading
and surfacing 53rd Avenue South 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 incorporated
herein by reference.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 21st day of March 1977.
Attest:
Edgar Bauch, Mayor
Maxine anderson
City Clerk
F. A. LESOIJRD
WOOLVIN PATTEN
DONALD D. FLEMING
GEORGE M. HARTUNG, JR.
LEON C. MISTEREK
DWAYNE E. COPPLE
THOMAS 0. McLAUGHLIN
PETER LcSOURD
JOHN F.COLGROVE
C. DEAN LITTLE
Irvkh Sonkin, Esq.
nkin Hall
400 Colman Building
Seattle, Washington 98104
Dear Par. Sonkin:
Enclosure
cc: Mr. Dick Williams
LESOURD, PATTEN, FLEMING HARTUNG
ATTORNEYS AT LAW
1300 SEATTLE TOWER
SEATTLE, WASHINGTON 98101
(206) 624 -1040
August 18, 1977
Re: City of Tukwila Monty R. Cooke
I am enclosing a copy of an agreement signed by
Mr. Cooke in which he agrees to enter into a developer's
agreement with the City of Tukwila. On behalf of the City
of Tukwila, I must insist that Mr. Cooke execute the
agreement which was sent to him sometirr ago and which has
been the subject of several conversations between you and
ne.
Very truly yours,
LeSOURD, PATTEN, FLEMING HARTUNG
Lawrence E. Hard
LAWRENCE E. HARD
RODNEY J. WALDBAUM
RICHARD P. MATTHEWS
WARREN T. CHAPMAN
D. WILLIAM TOONE, JR.
ROBERT L. PALMER
COUNSEL
S TEPHEN= E. CHADW ICK
1894 -1975
AUG' 2 a 1 77
i
SUBJECT
7
REPLY
MINI -MEMO
Steven M. Hall, P.E.
fn.-/ -e 4 `7� Public Works Director
r Department of Public Works
City of Tukwila
6230 Southcenter Blvd.,
Tukwila, Washington 98067
i
SIGNED
-/-LJ f
I DATF /�r..
/7_
DATE I SIGNED
RETAIN WHITE COPY FOR OUR FILE. SEND YELLOW, PINK COPY TO CUSTOMER.
NO REPLY NECESSARY PLEASE REPLY TELEPHONE RETURN ENCLOSED MEMO WITH REPLY
F. A. LESOURD
WOOLVIN PATTEN
DONALD D. FLEMING
GEORGE M. HARTUNG, JR.
LEON C. MISTEREK
DWAYNE E. COPPLE
THOMAS O. McLAUGHLIN
PETER LESOURD
JOHN F.COLGROVE
C. DEAN LITTLE
Mr. Dick Williams
Department of Public Works
City of Tukwila
6230 Southcenter Boulevard
Tukwila, Washington 98188
Dear Dick:
for Monty
agreement
should do
LESOURD, PATTEN, FLEMING HARTUNG
ATTORNEYS AT LAW
1 300 SEATTLE TOWER
SEATTLE, WASHINGTON 98101
(20.6) 624 -1040
Re: Monty R. Cooke
Developer's Agreement
July 26, 1977 r,
I have been advised by Mr. Irving Sonkin, attorney
R. Cooke, that Mr. Cooke will not sign any developer's
with the City.
Please let me know if there is anything further I
in this matter.
Very truly yours,
LeSOURD, PATTEN, FLEMING HARTUNG
l Lawren E' Hard
"' �
VI- 2 1 "1
LAWRENCE E. HARD
RODNEY J. WALDBAUM
RICHARD P. MATTHEWS
WARREN T. CHAPMAN
D. WILLIAM TOONE, JR.
ROBERT L. PALMER
COUNSEL
STEPHEN F. CHADWICK
1894 -1975
14r. Monty R. Cooke
Southcenter Nursery
% 181st & Sandy Nursery
18028 N.E. Sandy Blvd' '
Portland, Oregon 97230
Re: DeGelopment of 53rd Ave South
...... Contractural Agreement
Gentlemen: :
By. agreement.in siqnat~reof this letter, each p~rty will enter-into a
contractural agreement to be'drafted by the City Attorney'-for, future
. development o.f the aforementioned road. ~' .-,:'
;
. lrhis contractural agreement will. stipulate, the actual 'improvements to
be made upon 53rd. Avenue South and the timing in conjunction with the
adjacent (to the South) property 'development.
-When drafted, the .agreement~ w~ll be for~./arded' to you .for-.signature and
then recorded with the King County Department of Records.
Public'Works Director _.
'Acknowl edge. agreement ,' .
.
follows:
1.
DEVELOPERS AGREEMENT
is
in fact the actual owner of the land or real property for
which the Development is requested.
The City of Tukwila, a municipal corporation in the State of Washington,
hereinafter referred to as "City and
hereinafter referred to as "Developer agree as
WHEREAS, City operates and maintains within its boundaries a storm
drainage system and a system of paved streets all within its boundaries, which
can serve the property of Developer, and
WHEREAS, City has a comprehensive plan covering storm drainage and
minimum standards for the control and design of storm sewer facilities within
the City, as well as paved streets, and
WHEREAS, Developer desires to construct certain storm drainage and
public streets facilities at his own cost and to dedicate these facilities to
City for connection with, delivery to and operation and ownership by City, said
improvements being hereinafter called the "Development
NOW, THEREFORE, IT IS AGREED:
2. The land or real property for which the Development is
requested and to which this agreement applies is real
estate in Tukwila, Washington, described as Lot 3, Brookvale
Garden Tracts; except the North 145 feet of the East 300 feet
more particularly defined: Beginning at the intersection of
the Southerly margin of the Renton -Three Tree Point County
Road with a line 344.98 feet East of and parallel with the
West boundary of the SA of Section 23 -23 -4 EWM and run thence
South along said parallel line 15.3 feet more or less to a
point on the North line of said Lot 3, said point being the
true point of beginning of this description; thence continuing
South along said parallel line 159.16 feet more or less to a
point 7.74.46 feet South of, measured along said parallel line,
the Southerly marginal line of said County Road; thence East
at right angles to said last described course, 300 feet to the
East boundary line of said Lot 3; thence North along said East
2
boundary line 145 feet to the Southerly marginal line
of said Renton -Three Tree Point County Road; thence
Northwesterly along said Road marginal line 118.6 feet
more or less to an intersection with the North boundary
line of said Lot 3; thence Westerly along said boundary
line 1.82 feet more or less to the true point of beginning
except the Southerly 100 feet of the Westerly 125 feet,
as recorded in Volume 10 of Plats, Page 47, of the records
of King County, Washington.
3. Developer will deliver to City the plans and specifications
for the Development and the plans and specifications for the
Development will conform to the standards established by City
and its engineers. Developer shall complete the Development
in accordance with said plans and specifications, and all
applicable laws. Final revised plans and specifications shall
be presented to City at least fifteen (15) days prior to pro-
posed commencement of construction.
4. No construction shall be commenced before the Public Works
Director of the City of Tukwila or his designee (herein the
"Director has notified Developer in writing that the plans
and specifications have been approved.
5. The Director shall perform all inspection of the Development
and no development facilities shall be covered prior to inspec-
tion. If any work should be covered prior to inspection, it
must, if required by the Director, be uncovered for examination
at Developer's cost. Developer agrees to comply with all of
City's reasonable inspection requirements. Developer shall
maintain at the construction area at all times during construc-
tion a representative to whom the Director's notices may be
given during construction. Said representative shall be desig-
nated in writing by Developer prior to commencing construction.
6. Upon completion of construction and upon certification from
the Director that the Development meets the minimum standards
of the City, Developer shall convey to City all permanent
facilities of the Development, free and clear of any and all
liens and other encumbrances, together with necessary easements
for general utility construction and maintenance.
7. Developer shall notify City of the date the work and construction
described in this agreement shall commence. Said notice shall
be given not less than seven (7) days before said commencement
date. After the work is commenced, it shall be promptly carried
to completion in a workmanlike manner, provided that Developer's
obligation to complete the Development shall be extended in the
event of circumstances beyond the Developer's control, including
but not limited to fire, flood, snow, freezing, rainfall, unusual
weather conditions, acts of God, labor disputes, including strikes
and lockouts, acts of war, riots, government priorities and avail-
ability of materials.
8. Developer may prepare and call for bids for construction
described herein or negotiate a construction agreement for
said construction; however, no construction agreement shall
be executed prior to approval of such agreement by the
Director for the purpose of maintaining City construction
and material standards and inspection rights.
9. Developer will procure all necessary State, County and
local licenses, bonds and permits for construction and will
meet all applicable Federal, State and local laws.
10. Testing all systems within the Development shall be performed
as required by the Director in accordance with City require-
ments to determine that such systems conform to the plans and
specifications.
11. In the event that defects due to faulty labor, workmanship or
materials appear in the Development within one (1) year from
date of completion, Developer shall, at his sole expense,
correct the same to satisfaction of City.
12. Developer hereby agrees to indemnify and hold City harmless
from any and all claims which may be asserted against City as
a result of the construction or maintenance of the work des-
cribed in this agreement prior to acceptance by City. Devel-
oper shall maintain in full force and effect during construction
liability insurance in such form and amounts satisfactory to City.
13. City and Developer agree that in carrying out the terms of
this agreement, Developer shall be acting as an independent
contractor and in no respect shall be deemed agent of City.
14. Developer shall not assign this agreement without the prior
written consent of City.
15. City covenants and agrees that it will maintain and operate
the Development after satisfactory completion and acceptance
in accordance with the terms of this agreement.
16. Partial waiver or waiver by acquiescence by City of any pro-
visions or conditions of this agreement shall not be a waiver
of any other provision or condition of this agreement.
17. This agreement shall constitute as easement and servitude and
a covenant running with the land upon the property described
in this agreement and shall be binding upon the heirs, assigns,
grantees and successors in interest to Developer.
18. When notified by the Director to make any changes or corrections
to conform to the plans and specifications, Developer shall
promptly rnake said changes or corrections at Developer's sole
expense.
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BY: EDGAR D. BAUCH, MAYOR BY:
SIGNED THIS DAY OF 1977.
THE CITY OF TUKWILA DEVELOPER
ATTEST:
19. The Development shall be constructed at such time as
property adjacent to the South is developed or within
eighteen (18) months of the date of this agreement,
whichever occurs first.
BY: MAXINE ANDERSON, CITY CLERK BY:
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BY:
ATTEST:
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