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HomeMy WebLinkAboutRes 0652 - Development Agreement - James Christensen Road Improvements RESOLUTION NO. 652 A RESOLUTION OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPERS AGREEMENT WITH SOUTHCENTER INVESTORS. WHEREAS, the owner of property on the east side of James Christensen Road wishes to improve a 325 foot section of the road and open that section to local traffic, and WHEREAS, the Tukwila City Council agrees with this proposal. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DOES RESOLVE AS FOLLOWS: The Mayor is hereby authorized to enter into a Developers Agreement with Southcenter Investors to allow for the improvement and the re- opening of the portion of the James Christensen Road extending south 325 feet from the center- line of Baker Boulevard. The Developers Agreement is hereby attached and made a part of this resolution. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this DEVELOPER'S AGREEMENT she City of Tukwila, a municipal corporation in the State of Washington, hereinafter referred to as "CITY and Morris Piha Company, DBA Southcenter Investors, hereinafter referred to as "DEVELOPER agree as follows: WHEREAS, the Short Subdivision Committee of the City of Tukwila has approved a four lot subdivision on the _property commonly known as the Van Woerdon property, and O WHEREAS, said approval was subject to installation O of a street and related storm drainage to City specifications co for future dedication, all at the Developer's cost. O T_ NOW, THEREFORE, IT IS AGREED: r OU 1. Morris Piha Company, DBA Southcenter Investors, N are authorized agents and /or owners of real property for which the development is requested. 2. The land or real property for which the Develop- ment is requested and to which this Agreement applies is real estate in Tukwila, Washington, described as follows: That portion of the W. H. Gilliam Donation Land Claim No. 40 and of the southwest quarter of 'he south- west quarter of Section 24, Township 23 north, Ranee 4 east, J.M., and of Government Lot 1 in Section 25, Township 23 north, Range 4 east, all in King County, Washington, more particularly described as follows: Commencing at the southwest corner of said Sec- tion 24; thence south 89 east along the line com- mon to said Section 24 and 25, a distance of 110.30 feet to intersection with easterly margin of James Christensen Road -and the true point of beginning; glance continuing south 89 east 10.00 feet; thence north 00 west 6.52 feet; thence north 10 west 47.71 .feet; thence north 79 east 20.80 feet more or less to the left bank of the Green River; thence continuing easterly and southerly along the bank of the Green River the following courses and distances; South 33 east 13.80 feet; South 63 east 69.32 feet; South 78 east 50.99 feet; South 88 east 50.01 -feet; north 86 east 50.09 feet; North 32 east 100.98 feet; North 77 east 51.20 -feet; North 64 east 55.46 feet; South 85 east 25.03 feet; South 87 east 23.02 feet; South 82 east 50.36 feet; South 39 east 57.80 feet; South 43 east 30.41 feet; South 41 east 67.27 feet; South 29 east 57.80 feet; South 3 west 50.09 feet; South 24 west 54.63 feet; South 39 west 64.34 feet; South 32 west 59.10 feet; South 35 west 61.03 feet; South 39 west 64.66 feet; South 40 west 64.98 feet; South 29 west 34.24 feet; South 31 16'45" west 23.32 feet; South 34 west 60.46 feet; South 30 west 58.03 feet; South 13 west 51.30 feet; South 13 west 51.92 feet; South 13 west 51.42 feet;,South 00 east 60.01 feet; South 00 west 40.00 feet; South 07 east 50.49 feet; South 18 east 52.81 feet; South 27 east 17.29 feet; to a point which is 970.00 feet south of the north line of said Government Lot 1; thence north 80 west 366.02 feet more or less to the easterly margin of the said James Christensen Road; thence north 00 tp west 970.00 feet to the true point of beginning. CD co Together with that portion of the former bed of CD said Green River which from natural action of accre- tion would attach to the above described nortion of said Donation Land Claim. co Except Bow Lake Pipe Line right-of-way as granted per instrument recorded'under King County Auditor's file no. 4106155. 3. Developer will deliver to the City the plans and specifications for the Development of all roads and utili- ties to include the plans and specifications. Said plans and specifications will conform to the standards established by City and its engineers. Developer shall complete the development in accordance with said plans and speci- fications, 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. 4. Plans shall specifically include a sidewalk on the eastern portion of the proposed roadway section to be constructed to City specifications. 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 Development and no Development facilities shall be covered prior to inspection. If any work shall be covered prior to inspection, it must, if required by the Director, be uncovered for examination at the Developer's cost. Developer agrees to comply with all City's reasonable inspection requirements. Developer shall maintain at the construction area at all times during construction a representative to whom the Director's notices may be given during construction. Said -2- representative shall be designated in writing by Developer prior to commencing construction. 7. Upon completion of construction and upon the cer- tification 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. 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 cormnenced, 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 Developer's control, including but not limited to �d fire, flood, snow, freezing, rainfall, unusual weather con- ditions, acts of God, labor disputes including strikes and lockouts, acts of war, riots, government priorities and O availability of materials. W 0 9. Developer may prepare and call for bids for con s-- struction 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. 10. Developer will procure all necessary State, County and local licenses, bonds and permits for construc- tion 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 detemine that such systems con- form 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 harmless 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 construction liability insurance in such form and amounts satisfactory to City. -3- 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 Agree- ment. 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. CO Q 18. This Agreement shall constitute as easement and pp servitude and a covenant running with the land upon the p property described in this Agreement and shall be binding r- upon the heirs, assigns, grantees and successors in interest r-- to Developer. 00 t� 19. When notified by the Dirctor 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.