HomeMy WebLinkAbout92-067 - South Central School District (SCSD) - Foster High School Development Agreement(1)
A Q, C FILE #
DATE—,Le/tee22-
7 2
DEVELOPER'S AGREEMENT
1
THIS AGREEMENT is made and entered into on March 31, 1992, by and between The City of Tukwila, a
Washington municipal corporation (hereinafter referred to as "the City") and the South Central School District
No. 402, a King County, Washington School District, (hereinafter referred to as "the Owner").
to
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0 WITNESSETH
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tT WHEREAS, Owner owns certain real property located generally as shown in Exhibit "A" ("Property")
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10:46:00 AN KING COUNTY RECORDS 010 DER
and commonly known as 4242 South 144th Street, and
WHEREAS, the Owner has applied for issuance of a building permit for the development of Foster High
School, located on the Property ("Project"), and
WHEREAS, the City intends to reconstruct 42nd Stalereet South, adjacent to the Property, in the future
but after the time of completion of the Project;
NOW THEREFORE, in consideration of mutual benefits and conditions hereinafter contained, the
parties hereto agree as follows:
IMPROVEMENTS
1. Provided that the City issues a building permit for the Project and Owner constructs the Project, Owner
1
9205 i jUD J
shall pay the cost, as provided in Paragraph 2, for the 42nd Street South Frontal Improvements including
sidewalk, curbs and gutters, storm drainage revisions, fire hydrants, street lighting, paving and related
improvements including all engineering, construction, inspection and City administrative costs relating to said
improvements (the "Frontal Improvements").
2. Prior to request for occupancy, the Developer shall place $120,700 in cash or cash equivalent form,
acceptable to the City of Tukwila and as set forth in the May 18, 1990 Development approval letter and
preliminary estimate attached hereto as Exhibit B.
3. The parties agree that the design of said Frontal Improvements cannot be determined until the design of
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42nd Street South has been completed, and further that the construction of the Frontal Improvements and 42nd
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StreetiSouth should be undertaken concurrently. It is further agreed by the parties\that the City in its sole
discretion will undertake the design of the Frontal Improvements and 42nd '-fit South, but that the City will
consult with the Owner to ensure the reasonable needs of the Owner are satisfied in the design.
4. The final construction costs for the Frontal Improvements shall be determined by competitive bid. The
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City shall contract for construction of all Frontal Improvements and 42nd South. The Owner shall pay
to the City the total estimated cost including all engineering, construction,inspection and City administrative
costs related to said Frontal Improvements per Paragraph 2 of this Agreement to a limit of $120,700 plus
accrued interest accumulated during its deposit in the City accounts. Following completion of construction,
if final costs are less than $120,700 plus accrued interest any balance due to the Owner shall be promptly
refunded.
2
LENGTH OF AGREEMENT:
This agreement shall remain in effect for five years from the date of the execution of this Developer's
Agreement by all parties. The Public Works contract shall be awarded by the City Council no later than five
years from the execution of this agreement for funds held by the City to be eligible for use and credited against
the Project's proportionate share of Frontal Improvements based on final construction and associated
engineering costs for the street improvement project.
TERMINATION OF AGREEMENT:
The Owner, as part of this agreement and as set forth in Exhibit B, has assigned funds to the City in the
LC) amount $120,700. These monies will remain with the City and accrue interest which may be used as part of
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0 the final actual costs of the project. If the City does not award the construction contract within five years, the
assigned funds and accrued interest shall revert back to the Owner and no further duty or amount will be owed
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to the City by Owner. The Owner may elect to terminate this agreement before the five years is complete
otherwise assigning these funds to the City of Tukwila for other use, in the City's sole discretion on
improvements to 42nd South.
Non -Waiver Extensions. Failure of either party to insist on the strict performance of any of the terms
of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly
enforce any such term, but the same shall continue in full force and effect.
Binding Effect. This Agreement shall be binding upon the parties, their respective heirs, legal
representatives, assignees, transferees and successors.
3
9205I30553
Recording. This Agreement shall be recorded with the King County Auditor as required by Chapter
35.91 RCW and the cost of said recording shall be paid by the Owner.
Attorney's Fees. In the event that either party shall commence litigation against the other in order to
enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to
recover its costs, including reasonable attorney's fees.
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 or effect.
DATED this
0,A2Z- day of192441(....
CITY OF TUKLA:
By:
Its:
ATTEST/AUTHENTICATED
By.
e Cantu - City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By: 1/444/
Mike Kenyon
4
,19902.
SOUTH CENTRAL SCHOOL DISTRICT
By: c•� /�tl.c.�Q,� ,
Its:
p14 -111-L_-
State of Washington )
County of King ) ss.
THIS IS TO CERTIFY that on this 3 /25-21-
day of i / �►��it..�� , 19 9 i , before me,
the undersigned, a otary Public in and for the State of Washington, duly commissioned and sworn, personally
app . , ed , to me known to be the
CLvta of SOUTH CENTRAL SCHOOL DISTRICT NO. 402, and acknowledged
that s/he was authorized to exec a the instrument as the free and voluntary act and deed of said school district,
for the uses and purposes therein mentioned.
WITNESS my hand and official seal this 3/ day of
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NOTARY �D
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0 County of King ss. °p°f1°°�
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in THIS IS TO CERTIF at on this day of , 19 , before me,
O the undersigned, a Notary Public in : d for the State of Washington, duly commissioned and sworn, personally
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appeared to me known to be the
of SO 1 CENTRAL SCHOOL DISTRICT NO. 402, and acknowledged
that s/he was authorized to execute the instrumen the free and voluntary act and deed of said school district,
for the uses and purposes therein mentioned.
,19
e_
NOTARY PUBLIC in an for
the State ofashington.
Residing at
My appointment expires:
WITNESS my hand and official seal this
Attachments (Exhibit A & B)
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a
,19
NOTARY PUBLIC in and for
e State of Washington.
Residing
My appointment expires
LEGAL DESCRIPTION FOR:
(.E)(k't \o'Ck- A)
ATTACHMENT A
FOSTER HIGH SCHOOL
4242 SOUTH 144TH STREET
TUKWILA, WA 98168
That portion of the south half of the southwest quarter of Section 15, Township 23 north, range
4 east, W.M., described as follows:
Beginning at the northwest corner of the above described parcel; thence S. 87°49'58" E.
270.00 feet; thence S. 0°21'22" W. 30.00 feet; to the true point of beginning; thence
continuing S. 0°21'22" W. 20.00 feet; thence N. 8T 49'58" W. 120 feet; thence S.
25°10'00" W. 83.00 feet; thence N. 64°57'10" W. 93.68 feet; thence N. 0°21'22" E.
60.00 feet; thence S. 87°49'58" E. 240.00 feet to the true point of beginning, all in King
County Washington.
•
9205130553
CITY OF TUK1VILA
SUUT1lC'ENTERBM; LE1.1J1.).TiIK1171e1,WASII!,V;To\'tiR 1'llll\'li'0o' 1:l 1mw
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May 18, 1990
James R. Carlsen, Senior Project Engineer
Whitacre Engineers, Inc.
P.O. Box 5677
Tacoma, Washington 98405
RE: Site Address: 4642 South 144th St. Foster High School
Site Plan: C-1 to C-6, received 5/10/90
Utility Permit Approval
Dear Mr. Carlsen:
1.. 1401,411.110..
The Public Works Department has reviewed and approves the. •
site plan for the above mentioned development. Please call
the Tukwila Permit Center, at 431-3670, to have the
following permits prepared for pickup:
1. Excavation in Public Riaht-of-wav (Permit Fee= 5100.00)
2. Curb Cut/Access/Sidewalk (Peewit Fee 525.00)
3. Hauling (Permit Fee S25.001
Required for the Hauling Permit:
A. Route Map
B. A $2,000 surety bond (filed. with the City Clerk)
C. $1,000,000 minimum property damage/bodily injury
liability insurance. (filed with the City Clerk)
4. StoLm Drain (Permit Fee $25.00)
5. Grade and Fill (Permit Fee $205.50)
If any portion of the Grade and Fill is to be
considered structural fill, the appropriate analysis of
the soils shall be provided to the Building Official
per the requirements of the current UBC, including
determination of the bearing strength of the soils.
This report, along with a final soils report by the
Soils Engineer of Record substantiating the final
product meets the conclusions of the original soils
report will be provided by the applicant to the
Building Official at the time of the application for
the Building Permit.' Also identified in this report
9205130553
shall be the "Soils Engineer of Record", who will
inspect and provide a final written report on the
structural capabilities of the on-site soils.
6. Landscape Irrigation Permit (Permit Fee = $25.00)
If a new or changed landscaping plan is required by
the Planning Department then four (4) sets of your
modified landscape mitigation plan shall" be submitted to
the Public Works Department via the Permit Coordinator
for our review for approval.
You are referred to Water District 0 125 (242-4750) and Val
Vue Sewer District (242-3236) for water and sewer permits
(copies of your availability letters are attached). You
must also obtain authorization for the proposed fire system
through the Tukwila Fire Marshal.
I have included a copy of the Metro Non -Residential Sewer
Use Certification. You are required to complete the form
and forward copies to Val Vue and Metro.
Attached is the City's estimate of the costs (in 1990
dollars) for frontal improvements to your property along
42nd Avenue. The requirement for these improvements is
being postponed so the City can construct them as part of a
public street improvement project in,the next few years.
The School District will be required to sign an interlocal
agreement ( which the City will prepare a draft for your
review) and assign the funds to the City in the amount of
$120,700.00, prior to the issuance of a Certificate of
Occupancy.
Also the district needs to clarify if right-of-way or
easements exist for the existing sidewalk fronting South
144th Street. If easements/rights-of-way do not exist then.
such easements will be provided by the district prior to
occupancy, allowing the City to maintain, repair and replace
this pedestrian corridor in the future.
If you have any questions, please feel free to call me at
433-0179.
i-nc
Ross S. Meller
Enclosures: 4 (Plan, Metro Form, Avail. Letters, Estimate
42nd Costs)
xc: Ron Cameron, Philrraser, Greg Villanueva w/site plan
Ted Freemire w/site plan, Pat Brodin
Permit Coord. w/2 copies site plan, Building Official
Development File: Foster High School
RSH/arc:RSH03:Fostera
Foster High School
42nd Ave. Frontal Improvements
Imo_rovements: 3 lanes (2 through, 1 2 -way left turn), curb & gutter,
sidewalk, pavement, street lights, pavement markings,
signing, drainage, bike lanes (44' curb to curb).
9205130553
Curb & Gutter
Sidewalk
(incl.
Excavation
Est
Qty
Unit
Cost
Total
driveways)
Backfill
(for drainage)
12" RCP
CB type 1
Crushed surfacing
AC Class "3" (4")
Street Lights
Signing, Point Mark.
643 if 6.00
430 sy 12.00
550 cy 10.00
260 cy 10.00
640 if 20.00
3 ea 750.00
300 tons 15.00
340 tons 30.00
3 ea 2,000.00
1 LS 1,500.00
3,858.00
5,160.00
5,500.00
2,600.00
12,800.00
2,250.00
12,000.00
10,200.00
6,000.00
1,500.00
61,868.00
Mobilization (5%) 3,093.00
Clearing & Grubbing. (3%) 1,856.00
Landscaping 9,575.00
Engr.Design & Inspection (33%)
Contingency (25%)
TOTAL
76,392.00
25,209.00
19,098.00
120,699.00
Foster High School
42nd Ave. Frontal Improvements
Landscaping:
C)
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CO
10
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C\!
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Length =
Area =
573 if
4,584 sf
(8' wide)
Est Unit
Qty Cost
Total
Trees & Shrubs 573 if 1.12 641.76
Topsoil 85 cy 21.50 1,827.50
Mulch 43 cy 27.00 1,147.50
Fabric 4,584 sf 0.75 3,438.00
Rock 60 tons 42.00 2,520.00
wpm v% emnit
9,574.76
(L)
CITY OF TUKWILA
SIDEWALK & UTILITY EASEMENT
4.0
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.110'
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THIS INDENTURE made this � day of Atc'Y . 19?
between South Central School District No. 406, hereinafter referred
to as Grantor; the CITY OF TUKWILA, a municipal corporation of the g
State of Washington, hereinafter referred to as Grantee; WITNESSETH:
WHEREAS, Grantor is the owner of certain lands and premises
situated in the County of King, State of Washington described as
follows:
The South half of the southwest quarter of the southeast quarter of
Section 15, Township 23 North, Range 4 East, W.M., in King County,
Washington;
Except the west 190 feet of the east 565 feet of the south 320 feet
of said subdivision; and
except the south 20 feet deeded to King County for road under Audi-
tor's File No. 1158646; and
except the west 30 feet deeded to King County by Auditor's File No.
472349 and 5548565;
except the north 30 feet of that portion of the southwest quarter of
the southwest quarter of the southeast quarter of Section 15, Town-
ship 23 North, Range 4 East, W.M., in King County, Washington, lying
east of the west 30 feet of said subdivision and west of the south-
erly production of the east line of View Street "43rd Avenue South"
as shown on the plat of Riverton Macadam Road Tracts, according to
the plat recorded in Volume 16 of Plats, page 90, in King County,
Washington; Deeded to King County for road under Auditor's File No.
6010970.
Together with:
the west 500 feet of the north 609.84 feet of the south 629.84 feet
of the southeast quarter of the southeast quarter of Section 15,
Township 23 North, Range 4 East, W.M., in King County, Washington.
Together with:
The west 190 feet of the east 565
southwest quarter of the southeast
North, Range 4 East, W.M., in King
except the south 20 feet deeded to
under Auditor's File No. 11568646.
and,
feet of the south 320 feet of the
quarter of Section 15, Township 23
County, Washington;
King County for South 144th Street
WHEREAS, Grantee is desirous of acquiring certain rights and
privileges across, over, under and upon said lands and premises;
NOW, THEREFORE, Grantor, for valuable consideration, the ade-
quacy and receipt of which is hereby acknowledged, hereby conveys and
grants to the Grantee, its successors and assigns and its permittees
and licensees, the perpetual right, privilege, and authority to con-
struct, alter, improve, repair, operate and maintain, replace, or
readjust sidewalks and utility systems across, under, over and upon
the following described lands and premises situated in the County of
King, State of Washington, to -wit:
The South 10 feet of the aforedescribed Grantor's Land.
Together with the right of ingress to and egress from said lands
across adjacent lands of the Grantor, for the purpose of construct-
ing, reconstructing, repairing, renewing, altering, changing, patrol-
ling, and operating said facilities, and the right at any time to
remove said facilities from said lands.
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9205130554
The Grantor reserves the right to use the surface of the above-
described easement in the manner now existing, but shall not erect
any buildings, structures, patios, or other construction of any
nature on said easement. This conveyance is conditioned upon the
Grantee's obligation to replace any fences, lawns, shrubbery or land
contours that are disturbed in connection with the exercise of the
Grantee's rights hereunder in as good condition as the same were
immediately before the property was entered upon by the Grantee.
The rights, title, privileges and authority hereby granted shall
continue to be in force until such time as the Grantee, its succes-
sors, or assigns, shall permanently remove said facilities, at which
time all such rights, title, privileges and authority hereby granted
shall terminate.
The Grantor also covenants to and with the Grantee that Grantor
is lawfully seized and possessed of the land aforesaid; has a good
and lawful right and power to sell and convey same; that same are
free and clear of encumbrances, except as above indicated; and that
Grantor will forever warrant and defend the title to said easement
and the quiet possession thereof against the lawful claims and
demands of all persons whomsoever. This conveyance shall be a cove-
nant running with the land, and shall be binding on the Grantor, and
its heirs, successors, and assigns, forever.
IN WITNESS WHEREOF, this instrument has been executed the day
and year first above written.
GRANTOR:South Central School
District No. 06
y s%i,ES 5 Atli
STATE OF WASHINGTON )
ss.
COUNTY OF KING
GRANTEE: City of Tukwila
I, t]e undersi ned, a Notary Public, do hereby certify that on
this d -y of� 199-, personally appeared before me
and
, to me known to be
the individuals described in and who executed the within instrument,
and acknowledged that they signed the same as their free and volun-
tary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year in this
certificate above written.
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NOTARY PUBLIC in and for the GState
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9205130554
STATE OF WASHINGTON
COUNTY OF KING
On this
signed, a Nota
missioned and
ss.
day of
Public in
sworn, p
and
and
onally
1917/, before me, the under -
the Statef Washingto dul com-
ppeared
erk, respectively, of CITY OF TUKWILA, the
municipal corporation that executed the foregoing Easement and
acknowledged the said Easement to be the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to execute the
said Easement.
to be the mayor and City
, to me known
WITNESS my hand and official seal hereto, affixed the day and
year first above written.
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REVISIONS
DESCRIPTION
GENERAL NOTES
DESIGNED BY
DAT E
DRAWN BY.
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CHECKED BY
APPROVED BY
DATE:
3/30/92
SCALE:
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DATE:
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SSOC TATE S, INC.
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EASEMENT EXHIBIT
AT
FOSTER HIGH SCHOOL COMPLEX
FOR
SOUTH CENTRAL SCHOOL DISTRICT NO. 406
DRAWING NO.
92010
SHEET OF
1 1