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Home My WebLink About92-070 - Gencor Development - North Hills Office Development Agreement9208261184 /0 &CF1LE#90?-076 DATE 92- H 2. H. DEVELOPER'S AGREEMENT THIS AGREEMENT is made and entered into this U day of 1992 by and between the CITY OF TUKWILA, a Washington municipal corporation (the "City") and Gencor Development, Inc. hereinafter referred to as ("Developer"). WITNESSETH WHEREAS, the Applicant is the lessee with respect to certain real property ("Property") located generally east of Macadam Road on the north side of Southcenter Boulevard, as more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference; and a WHEREAS, the Applicant has applied for approval of a building permit for the construction of a retail/office building; and 8 WHEREAS, the proposed development will produce additional • traffic thereby resulting in the need for access onto Southcenter E • Boulevard. ac Y NOW, THEREFORE, IN CONSIDERATION of the mutual benefits and ti conditions hereinafter contained, the parties hereto agree as mfollows: O N -1- 1. RESPONSIBILITIES OF THE APPLICANT A. A traffic monitoring program shall be established for the development to insure that 430 ADT for access limit, as specified in your engineering study, is not exceeded. This monitoring program will be provided as follows: Developer shall provide, at its own expense, monitoring of ADT (Average Daily Total) peaks for at least one seven-day cycle, approved by the City, on a quarterly basis for the first year, by a qualified traffic engineer and shall transmit the results of each monitoring immediately to the City Engineer. If any such monitoring results exceed 430 ADT for access limit, then the City shall have the right to require additional monitoring at Developer's sole expense, not to exceed two additional seven-day aD cycles per quarter. This monitoring will commence after receipt of CQ the Certificate of Occupancy for building on site. After review of Nmonitoring for the first year, at the City Engineer's discretion, J` monitoring for the second year shall be determined either on a quarterly basis or annual basis. The Developer shall provide monitoring of ADT peaks on an annual basis thereafter, by a qualified engineer and transmit the results of each monitoring immediately to the City Engineer. B. If the Traffic Monitoring Study indicate any excess ADT beyond the 430 ADT allowed for this development, the Developer shall inform the tenancy and the use shall be either discontinued or modified to stay within the 430 ADT. The results of each traffic monitoring shall be submitted to the City within 30 days after its completion. -2- C. At the time of the redevelopment or new development of the Denny's North Hill Apartments and/or AM/PM Properties to the west, the applicant will make a good faith and diligent effort to obtain an agreement with the Denny's, North Hill Apartments and/or AM/PM Properties to provide for consolidated driveways serving the North Hill Office Property and the adjacent properties to the west. If this agreement is obtainable it should include the following: (1) The design and construction of a consolidated driveway serving the Applicant's property and the properties to the west at location(s) such that op it reduces the number or access points onto Southcenter Boulevard. N aD CD CQ (2) The Costs attributable to the consolidated (3) driveway(s) between the Applicant and other properties shall be shared equally between the ownerships. Applicant also agrees to a consolidation of the driveways if and when any or all of the other property ownerships to the west shall have this same requirement imposed upon them. 2. NON -WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the -3- 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. 3. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land. 4. RECORDING This Agreement shall be recorded with the King County Department of Records and Elections, and the cost of said recording shall be paid by the Developer. 5. ATTORNEY 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 fees. 6. EFFECTIVE DATE The responsibilities of Developer under this Agreement are contingent upon the issuance of the requested approvals for the project. No obligation will arise until the issuance of such approvals. If Developer elects to proceed with any of the improvements set forth herein before the issuance of such approvals and after installation of the improvements elects to abandon its -4- development, Developer, its successors and assigns are entitled to the benefits set forth in this Agreement related to latecomer's agreements provided such improvements are approved and accepted by the City. Except as set forth in this section, this Agreement shall become null and void if the project is abandoned by the Developer. CITY OF TUKWILA OWNER BY John W. Rants GeenLor Mayor By ATTEST/AU •1 ENTI ATED: ne E. Cantu, City Clerk N APPROVED AS TO FORM aDO J` By odd ( 49/6i7 OFFICE OF THE CITY ATTORNEY: STATE OF WASHINGTON COUNTY OF KING ss Its By Z. / Its �i< I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor -5- 920826 1184 and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: = 6)1/22 -.TIN Nit :44-•. i aff.,,.,... d„004.., orN •,... 'wool i z I6 $ -)% • slut/ 4 kr441 VFOF;; AS�e�$4 D STATE OF L r -5Y\ ) COUNTY OF ¥ f L ) SS ,19 Notary Public in and for the State of Washington, residing at My Commission Expires O �� I certify that there appeared before me a person that I know or have satisfactory evidence was n 051 -e.7 --r\ who signed this DEVELOPER'S AGREEMENT, on oath stated he is authorized to execute the instrument and acknowledged it as the VP\F m DEi i of (.amanDA ` L_� , to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED '(-NIft.) CA ,19a amc:11:devnorth -6- Notary Public In and for the State of Washington, residing -at My Commission Expires IC -)(>-% / RECLSJED MAR - Z 1992 TUKWiLA PUBLIC WORKS EXHIBIT "A" iliRTHWESTERN TE A4. A Minnesota Title Company That portion of Tract 11 of Interurban Addition to Seattle, according to plat thereof recorded in Volume 10 of Plats, page 55, records of King County, Washington, described as follows: Beginning at a point on the West line of said Tract 11, distant South 0°35' West 228 feet from the Northwest corner thereof; thence North 89°52' East parallel with the North line of said Tract 11, a distance of 185 feet, more or less, to the West line of the East 450.86 feet of said Tract 11; thence South 0°08' East along said West line 260 feet, more or less, to the Northerly line of Primary State Highway No. 1, R.R. as conveyed to the State of Washington by deed recorded under Auditor's File Number 5473599; thence North 70°32'27" West along said Northerly line 198.57 feet more or less to the West line of said Tract 11; thence North 0°35' East 194.22 feet to the point of beginning. SUBJECT TO and easement for ingress, egress and utilities over the �st 25 feet thereof; TOGETHER WITH that portion of Tract 11 of INTERURBAN ADDITION TO co SEATTLE, according to plat thereof recorded in Volume 10 of Plats, page 55, records of King County, Washington described as follows: N Beginning at the Northwest corner of said Tract 11; thence South 0°35' 0 West along the West line of said Tract 11, a distance of 228 feet, N thence North 89°52' East parallel with the North line of said Tract 11 cr a distance of 185 feet, more or less, to the West line of the East 450.86 feet of said Tract 11; thence North 0°08' West along said West line 228 feet to the North line of said Tract 11; thence South 89°52' West 181.79 feet to the point of beginning. TOGETHER WITH an easement for ingress, egress and utilities over that portion of the West 25 feet of said Tract 11, lying South of the above-described property and lying North of Primary State Highway No. 1, R.E. END OF EXHIBIT "A" NT038851/813 Page 7