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Home My WebLink AboutRes 0639 - Development Agreement - 53rd Avenue South ImprovementsCOUNCIL ACTON MEUIr4G1 AGENDA' DATE I ITEM ACTION WASHINGTON RESOLUTION NO. 639 RESOLUTION AUTHORIZING MAYOR TO ENTER INTO A DEVELOPERS AGREEMENT WITH THOMAS AITON 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 ;.rovided 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, Thomas Aiton, 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 /`7 day of 1978. Edgar Bauch, Mayor Attest: Maxine Anderson, City Clerk DEVELOPER' S AGREEMENT The City of Tukwila, a municipal corporation in the State of Washington, hereinafter referred to as "CITY and Thomas Aiton, a single man, and Robert L. and Patricia Lenhart, herein- after referred to as "DEVELOPER agree as follows: 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 the Developer, and WHEREAS, City has a comprehensive plan covering storm drainage and minimum standards for the control and design of storm sewer facilities within 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: 1. Thomas Aiton and Robert L. and Patricia Lenhart are in fact the actual owners of the land or real property for which the Development is requested: 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 follows: That portion labeled 3 -A of the following described property; Lot 3 of Brookvale Garden Tracts, according to plats recorded in Volume 10 of Plats, Page 47, in King County, Wn., except the south 115 ft. of the west 275 ft. thereof; and except that portion thereof described as follows: Beginning at the intersection of the southerly margin of the Renton Three Tree Point County Road with a line 344.98 ft. east of and parallel with the west boundary of the S.W. 1/4 of Section 23, Township 23 North, Range 4 East, W.M. in King County, Wn. and running thence south along said parallel line 15.3 ft., more or less, to a point on the north line of said Lot 3, said point being true point of beginning of the tract herein described; thence continuing south along said parallel line 159.16 ft., more or less, to a point 174.46 ft. south of the southerly marginal line of said County Road; thence east at right angles 300 ft. to the east boundary line of said Lot 3; thence north along said east boundary line 145 ft. to the southerly line of said Renton Three Tree Point County Road; thence northwesterly along said Road margin 11.6 ft., more or less, to the intersection with the north boundary of said Lot 3; thence westerly along said north line of Lot 3, 182 ft., more or less, to the true point of beginning; and except that portion thereof conveyed to the County of King for road purposes; except that portion thereof conveyed to the State of Washington for highway pur- poses by deed recorded under Auditors File No. 5473605. 3. Developer shall deed to the City, without cost, the easterly five feet of the above described property for street right -of -way. 4. Developer will deliver to City the plans and specifica- tions 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 State statutes and City ordinances. Final revised plans and specifications shall be presented to City at least fifteen (15) days prior to proposed commencement of construction. 5. No construction shall be commenced before the Public Works Director of the City of Tukwila or his designee (herein called "DIRECTOR has notified Developer in writing that the plans and specifications have been approved. 6. The Director shall perform all inspection of the Devel- opment and no Development facilities shall be covered prior to inspection. If any work should be covered prior to inspec- tion, it must, if required by the Director, be uncovered for examination at the 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 construction a representative to whom the Direc- tor's notices may be given during construction. Said repre- senatative shall be designated in writing by Developer prior to commencing construction. 7. Upon completion of construction and upon the certifica- tion 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 necess- ary easements for general utility construction and maintenance. 8. 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 2. shall be extended in the event of circumstances beyond Developer's control, including but not limited to fire, flood, snow, freezing, rainfall, unusual weather condi- tions, acts of God, labor disputes including strikes and lockouts, acts of war, riots, government priorities and availability of materials. 9. 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 Direc- tor for the purpose of maintaining City construction and material standards and inspection rights. 10. 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. 11. Testing all systems within the Development shall be performed as required by the Director in accordance with City requirements to determine that such systems conform to the plans and specifications. 12. 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 the satisfaction of City. 13. Developer hereby agrees to indemnify and hold City harm- less from any and all claims which may be asserted against City as a result of the construction of maintenance of the work described in this Agreement prior to acceptance by City. Developer shall maintain in full force and effect during con- struction liability insurance in such form and amounts satis- factory to City. 14. 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 an agent of City. 15. Developer shall not assign this Agreement without the prior written consent of City. 16. 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. 17. Partial waiver or waiver by acquiescence by City of any provisions or conditions of this Agreement shall not be a waiver of any other provision or condition of this Agreement. 3. 18. 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. 19. When notified by the Director to make any changes or corrections to conform to the plans and specifications, Developer shall promptly make said changes or corrections at Developer's sole expense. SIGNED THIS DAY OF CITY OF TUKWILA By: Edgar D. Bauch, Mayor Attest: By: Maxine Anderson, City Clerk 1978. DEVELOPER By: Thomas Aiton, a single man By: .Robert L. Lenhart By: Patricia Lenhart, his wife Attest: By: