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Home My WebLink About94-023 - Supermarket Development Corporation - Development AgreementCrrr of ru • a 3 6200 SOU HCENTERKN fi TUWAa188 1 f3 DEVELOPMENT AGREEMENT G9./~ -W Ih THIS AGREEMENT is made and entered into this 30day of November -9etebet*, 1993, by and among the CITY OF TUKWILA, a Washington municipal corporation (hereafter referred to as the "City"); SUPERMARKET DEVELOPMENT CORPORATION, a Washington corporation (hereinafter referred to as "Developer"); and ALKAL L.P., a Delaware limited partnership (hereinafter referred to as "Owner"). RECITALS: A. Owner is the record owner of certain real property located west of Pacific Highway South between South 144th Street and South 146th Street in Tukwila, Washington, legally described in attached Exhibit "A" (the "Property"), and B. Supermarket Development Corporation, as the former owner of the Property and as Developer for Owner, has applied for and received approval of a building permit for the development of a retail food store to be located on the Property, and C. The development of the Property creates storm water runoff which is transported through a storm sewer pipe which runs along Pacific Highway South, and D. The replacement of this pipe along Pacific Highway South between South 138th Street and South 148th Street is anticipated as a portion of the City's general upgrading of its storm water sewer system. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits, the parties hereto agree as follows: 00'81 Nd LTD SQa0338 AIN003 9NU1 RV 00:90:TT T9TT-OT£0i6 1. Responsibilities of the City. The City will administer the design and replacement of the above-described storm water pipe to increase the capacity of conduits to handle flow quantities for the 25 -year storm event as outlined in the April, 1991, Cascade View Annexation Drainage Analysis by K.C.M. Consulting Engineers. A general description of the improvement project (the "Project") is attached as Exhibit "B". A map showing the service area (the "Service Area") is attached as Exhibit "C". The City shall fund the Project, either through direct capital investment or through the creation of a Local Improvement District ("LID"). If the City elects to fund the Project through direct investment, the City will allocate the cost of the Project among the Property and other properties served by the replacement in the manner set forth below. 2. Responsibilities of Developer and Owner. Developer and Owner acknowledge that surface water runoff from the Property contributes to the need for resizing the storm water pipe which runs along Pacific Highway South. Developer agrees that it will pay the Property's proportionate share of the replacement. If the City funds the Project with a capital expenditure, then Developer's pro rata share of the cost shall be computed by dividing the actual calculated impervious surface square footage on the Property by the total estimated impervious surface square footage of all properties in the Service Area using the attached "Schedule of Average Percentage of Impervious Surfaces for Major Land Use Categories," Exhibit E. If the City funds the Project cost with a capital expenditure, Developer agrees to pay its pro - 2 - rata share of such cost in cash within sixty (60) days after completion of the Project work and the receipt of the City's billing for its pro rata share of the cost. If the City chooses to form a local improvement district ("LID") to finance the Project, then Owner agrees to enter into a no -protest agreement as to the formation of the LID, provided that Owner retains the right to protest the method of calculating assessments in such LID and the amount thereof to be levied against the Property. Owner hereby consents to the Project. Owner shall also grant to the City those easements for the public improvement areas of the Property which are more particularly described in Exhibits D-1, D-2 and drawn on Exhibit D-3 and shall convey such public improvements to the City pursuant to a bill of sale. The City acknowledges that it will receive benefit from such C1� easements and conveyances. 3. Nonwaiver - Extensions. Failure of any party to insist 0 on the strict performance of any of the terms of this Agreement C� shall not be construed as a waiver or relinquishment of that party's right thereafter to enforce strictly any such term, but the same shall continue in full force and effect. 4. Binding Effect. This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. 5. Recording. This Agreement shall be recorded with King County Auditor as required by Chapter 35.91 RCW and the cost of said recording shall be paid by the City. 3 6. Attorneys' Fees. In the event that any party shall commence litigation against any other party to enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to recover its costs, including reasonable attorneys' fees. 7. Entire Agreement. This Agreement contains the entire understanding between the parties hereto, and no other agreement oral or otherwise regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto or to have any other force of effect. November DATED this 3 day of Octobor, 1993. CITY: CITY OF TUKWILA, a Washington municipal corporation B Attest: By: W. Rants, Mayor Jane E. Cantu, City Clerk Approved as to form: BY: Linda Cohen, City Attorney DEVELOPER: SUPERMARKET DEVELOPMENT CORPORATION, a Washington corporation By: Its: / l es W. Troxe rector OWNER: ALKAL L.P., a Delaware limited partnership By: Alkal Corp., a New York corporation, Its general partner By: Albert Kalimian Its: President ATTACHMENTS Exhibit A - Property Legal Description Exhibit B - Project Description Exhibit C - Service Area Map Exhibit D-1 and D-2 - Description of Public Improvement Area Easements C.0 Exhibit D-3 - Survey Map showing easement area C- ) Exhibit E - Schedule of Average Percentage of Impervious Surfaces Cr- ")for Major Land Use Categories C) CT) (10:40) - 5 EXHIBIT A SITE LEGAL DESCRIPTION Lots 9 through 12 and 26 through 28 in Block 2, Adams Home Traczs, as per Plat recorded in Volume 11 of Plats, page 31, records of King County; : • - EXCEPT that portion of said Lots 11, 12, 26 and 27, lying Easterly of the Westerly margin of State Road No. 1 (Pacific Highway South) as conveyed by deeds recorded under Recording Nos. 2014229' 2014230 and 2296324; ��.— • . • •.,�� '� - •- CJ AND EXCEPT the South 8feet ofthe �VVest 1/2of��said Lot.28_asconveyed to K��gCounty for South —~~ 14GthS�eorunder Recording No'S8OG22D37l; .` �. •�1�`�,``''--.7..7.:7-..- -` ' -` CD AND EXCEPT that portion of L6zs 11 and 12 lying Northerly and Easterly of the following intersection described ad line: �-'-� `•^' . - cJ) ^' . `�' . ..BEG\ BEGINNING at -e �`ner e'on o/rheWesterly margin of .State Road. No. 1 (Pacific Highway South) and No�h line of said Block 2; - '.'�`- `-+�+'-'�^=. :-\��4��- •��:.�-.': :. ' ``--THENCE SoUth 20" 10' 17~ West along 'said Westerly Margin 197.41 feet to the South line of the . North 188 .00 ofsaid B|ock2' �nd�heTRUEPO\NTOFBEG}NN\NG of said described line;. . - -.--':---- � . THENCE North 87° 35' 33" West along.said South line 30.00 fent ' � -� •. ' . THENCE North 530.27' 43~ West 121'2G feet; :.,..• :t.-~7-;,--..- -------.' `^ , ' 5 120.00 feet theNorthineofsaidEock2andxhananninusofnaid`� TOGETHER WITH the North 156.4 feet of Lot 29 in Block of said Plat: __ - AND TOGETHER WITH that portion of the West 10 feet of said Lot 29, lying Southerly of the North Situate in the County King, State of Washington. City of Tu.vila • Surface Water Management am PROJECT NUMBER 1 MANAGEMENT MEASLIRE: SOURCES CONTROLLED: RESPONSIBLE AGENCY: CONTACT/PHONE: DESCRIPTION: GOALS/OBJECTIVES: REFERENCE: ESTIMATED COST: ILLUSTRATION: PIPE REPLACEMENT ALONG PACIFIC HIGHWAY SOUTH BETWEEN SOUTH 138TH STREET AND SOUTH 148TH STREET Surface Runoff Quantity City of Tukwila SWM Engineer/433-0179 Replace existing 24 -inch, 18 -inch, 15 -inch and 12 -inch diameter pipe with 30 to 18 -inch diameter pipe along Pacific Highway South between South 138th Street and South 148th Street. Increase capacity of conduits to handle flow quantities for the 25 - year storm event. • City of Tukwila: Cascade View Annexation Priority Surface Water Management LIDs • 51,163,000 (1990, ENR = 4960) a•-• . "") • , •••••. EXHIBIT B • r rij I inn • • :;- • • •• r 7•h • ouq • 4.;;rar.C7 ri u 6n. Co ci • •• it ED- V • EXHIBIT D-1. • LEGAL DESCRIPTION FOR 20 -FOOT EASEMENT FOR SIDEWALKS AND UTILITIES TO THE CITY OF TUKWILA: The North 20.00 feet of that portion of Lots 9 through 12 in block 2, Adams Home Tracts, as per plat recorded in Volume 11 of Plats, page 31, records of King: County, Washington, lying Westerly of the following described line: BEGINNING at the intersection of the Westerly margin of State Road No. 1 (Pacific Highway South) and the North line of said block 2; THENCE South 20° 06' 54" West along said Westerly margin 197.41 feet to the South line of the North 188.00 feet of said block 2, and the TRUE POINT OF BEGINNING of this described line; _ THENCE North 87° 35' 33" West along said South line 30.00 feet; THENCE North 53° 27' 43" West 121.25 feet; THENCE North 01° 05' 15" East 120.00 feet to the North line of said block 2 and the terminus of this described line. Project: Adams Home Tract July 12, 19°3 4867L.002 MSH/tb EXHibi 1 13-2.4 LEGAL DESCRIPTION FOR SIDEWALKS AND UTILITIES EASEMENT TO THE CITY OF TUKWILA ON SOUTH 146TH STREET AND PACIFIC HIGHWAY SOUTH: That portion of Lots 11, 12, 26, 27, and 28 in block 2, Adams Home Tracts, as per plat recorded in Volume 11 of Plats, page 31, records of King County, Washington, described as follows: BEGINNING at the intersection of the Westerly margin of State Road No. 1 (Pacific Highway South) and the North line of said block 2; THENCE South 20° 06° 54' West along said Westerly margin 197.41 feet to the South line of the North 188.00 feet of said block 2 and the TRUE POINT OF BEGINNING; THENCE North 87° 35' 33" West along said South line of the North 188.00 feet, a distance of 8.40 feet to align parallel with 8.00 feet Westerly of, as measured perpendicular to, the Westerly margin of said Pacific Highway South; THENCE South 20° 06' 54" West along said parallel line, a distance of 94.48 feet to the South line of the North 278.00 feet of said block 2; THENCE North 87° 35' 33" West along said south line of the North 278.00 feet, a distance of 7.35 feet to align parallel with and 15.00 feet Westerly of, as measured perpendicular to, the Westerly margin of said Pacific Highway South; • THENCE South 20° 06' 54" West along said parallel line, a distance of 52.49 feet to the South line of the North 328.00 feet of said block 2; THENCE South 87° 35' 33" East along said South line of the North 328.00 feet, a distance of 7.35 feet to said line being 8.00 feet Westerly to said parallel line as being 8.00 feet Westerly of, as measured perpendicular to, the Westerly margin of said Pacific Highway South; THENCE South 20° 06' 54" West along said parallel line, a distance of 297.33 feet to a line parallel with and 15.00 feet Northerly of, as measured perpendicular to, the south line of said block 2; THENCE North 87° 44' 21" West 207.54 feet; THENCE North 01° 08' 46" East 3.00 feet; THENCE North 87° 44' 21" West 10.00 feet; THENCE South 01° 08' 46" West 3.00 feet; THENCE North 87° 44' 21" West 30.00 feet to the West line of Lot 28; THENCE South 01° 08' 46" West 7.00 feet to the North line of the South 8.00 feet of the West half of said Lot 28; O THENCE South 87° 44' 21" East 64.38 feet to the East line of said West half of Lot 28; C'f") THENCE South 01° 08' 39" West -B:00 feet to the South line of said Lot 28; cj THENCE South 87° 44' 21" East 186.45 feet to said Westerly margin of Pacific Highway South; u' THENCE North 20° 06' 54" East along said Westerly margin a distance of 460.02 feet to the TRUE CT) POINT OF BEGINNING. Project: Adams Home Tract July 12, 1993 4867L.003 MSH/tb w 0 0 a S87' 39' 57" E t28.73' r w (D v Co 0 0 2 111. V r... • v ■ .1+J.. oe IA i r 'IL tt IA 116.0 $'l ■ (C' -Y OF TUKWILA' S. 744TH ST. S 87' 35' 33" LI9 271.42' L17 E 9 0 to 0 •O (0 • 2,5._ EXHIBI - EXHIBIT PROPOS D 20' EASEMENT —'FOR SIDEWALKS 8 UTILITIES TO CITY OF TUKWILA F3_ • 29 r) 18.74' N 87' 39' 57" W co Cr") CD 08' 46' E 26 27 '1 (, LINE O LI .0 L2 11/ 'L3 .7 L4 L5 L6 L7 L8 L9 LIO LII L12 L13 LI4 L15 LI6 LI7 L18 L19 0 m sr L6 L2 L3 LIO 186.45' 87' 44' 21" W �t S. 146TH ST. 0 - PROPOSED EASEMENT FOR SIDEWALKS E UTILITIES TO CITY OF TUKWILA CE JOB NO. 4867 Barghausen Consulting Engineers Inc_ Land Planning, Survey & Engineering Specialists 18215 72nd Ave South Kant, W.sh. 98032 (206) 251.6232 LINE TABLE BEARING DISTANCE .N 87'44'21' W I0.CO' N 87'44'21' W 64.38' N 01'08'39" E 8.00'• S 87'35'33' E 30.OD' S 01'09'46" W 7.00' N 87'44'21" W 30.00' S 01'06'46' W 3.00' N 87'44'21' W 10.00' N 01'08'46' E 3.00' N 87'44'21' W 2D7.54' S 20'06'54'.W 297.33' S 87'35'33' E 7.35' S 20'06'54'.,W 52.49' N 87'35'33" W 7.35' S 20'06'54"'W 94.48' N 87'35'33" W 8.40' N 01'05'15' E 20.01' S 87'35'33' E 271.44' S 01'08'46' W 20.00' SCALE: 1--100' 50 100 For: SUPERMARKET DEVELOPMENT CORPORATION 10700 MERIDIAN AVENUE NORTH SUITE 406 SEATTLE, WASHINGTON 98133-9014 • • EXHIBIT E SCHEDULE OF AVERAGE PERCENTAGE OF IMPERVIOUS SURFACES FOR MAJOR LAND USE CATEGORIES % Impervious Land Use Category Surfaces Parks & Open Space 25% Residential 30% Light Industrial 65% Public Facilities 75% (with paved streets) Commercial/Retail 85% Pam OM ASEMrt