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Home My WebLink About91-048 - Associated Grocers - Development Agreement;`• 9105090437 kit 9 A, C Fikccki ti DATE z7 --42o Il•I +y DEVELOPER'S AGREEMENT FO Y L, ,A t t p i"pip jpI J� THIS``AGREEI NT -'1s rmade and entered into on %i-6 '47 %4, 19.fL, by and between The City of Tukwila, a Washington municipal corporation (hereinafter referred to as "the City") and Associated Grocers, Incorporated, a Washington corporation, (hereinafter referred to as "the Owner".) 91/05'09 #0437 1 fid RECGM F 11.00 RECFEE 2.00 W ITNESSETH CPSHSL 44:4' 1 71, 00 55 WHEREAS, the Owner is the owner of certain real property located generally as shown in Exhibit "A" ("Property"), and WHEREAS, the Owner has applied for issuance of a building permit for the development of a refrigerated warehouse expansion of approximately 35,000 square feet to the existing warehouse located on the Property ("Project"), and WHEREAS, the development of said Property has created traffic impacts and the Project will necessitate the construction of certain off-site improvements adjacent to the Property consistent with current city standards and as further described herein ("Frontal Improvements"), and WHEREAS, the City intends to reconstruct the intersection of East Marginal Way and Boeing Access Road adjacent to the Property at an undertermined future time, NOW THEREFORE, in consideration of mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: IMPROVEMENTS. 1. The Owner has previously submitted to the City a traffic impact study which determined that the Owner's warehouse expansion Project (the "Project") has no significant traffic impact on the East Marginal Way -Boeing Access Road intersection. - 1 - 9105090437 • It is, therefore, agreed that the Owner's obligation shall be limited to costs related to the frontal improvements as defined herein and adjoining the Property described in Exhibit "A". 2. Provided that the City issues a building permit for the Project and Owner constructs the Project, Owner shall pay the cost for East Marginal Way frontal improvements including sidewalk, curbs and gutters, storm drainage revisions, fire hydrants, street lighting, paving, modification of the existing queuing lane for trucks entering Owner's property and related improvements including all engineering, construction, inspection and City administrative costs relating to said improvements (the "Frontal Improvements"). 3. The parties agree that the design of said Frontal Improvements cannot be determined until the design of the East Marginal Way -Boeing Access Road intersection has been determined, and further that the construction of the Frontal Improvements and the East Marginal Way -Boeing Access Road intersection should be undertaken concurrently. It is, further, agreed by the parties that the City will undertake the design of the Frontal Improvements and the East Marginal Way -Boeing Access Road intersection and that the City will consult with the Owner to ensure the reasonable needs of the Owner are satisfied in the design. 4. The construction costs for the Frontal Improvements shall be determined by competitive bid with the costs for said improvements segregated from the costs for the East Marginal Way - Boeing Access Road intersection. The City shall contract for construction of all Frontal Improvements and the East Marginal Way -Boeing Access Road intersection improvements. When the cost for the Frontal Improvements is determined and prior to the commencement of construction of said improvements, the Owner - 2 - 9105090437 shall pay to the City the total estimated cost including all engineering, construction inspection and City administrative costs related to said Frontal Improvements. Following completion of construction, final costs shall be determined and any balance due to either party shall be promptly paid. 5. Further, in connection with the Project, Owner shall construct an asphalt pedestrian pathway along the property frontage adjoining Airport Way South and Boeing Access Road. Said pathway shall be constructed in accordance with plans approved by the city. Said plans shall be included in the Building permit for the warehouse expansion Project. The pathway shall be completed and accepted by the City prior to issuance of a Certificate of Occupancy by the City for the warehouse expansion. 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. 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. Attorneys' 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 attorneys' fees. - 3 - 9105090437 •• 6. 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 o749 day of\T7Atei :14( , 199/. CIT OF KWI-•: ASSOCIATED GROCERS, INCORPORATED By: orIts: Its:7.;(,fec,/ ATTEST/AUTHENTICATED APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: State of Washington ) ss. County of King THIS IS TO CERTIFY that on thisc;?V day of 19// , before me, the undersigned, a Notary Public in an State of WJ inJ, }pea ed 4,/ . /t: acknowl =+ c for the on, dul commissioned and sworn, personally , to me known to be the of ASSOCIATED GROCERS, INCORPORATED, and that he was authorized to execute the instrument as ge the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. ITNESS my hand and fficial seal this day of :�CGij. , 19 ti NOT RY PUBLIC infor the State of Was gt�.n Residing at (r `// My appointment expires: &-/7 5., 4- State of Washington ) ss. County of King Zai '. THIS IS TO CERTIFY that on this f/4 d y of 19f/ , before me, the undersigned, a Notary Public in and/for the State of Washington, duly commissioned and sworn, personally appeared So .- ow, v. o me known to be the "A� 6.e J of THE CITY OF TUKWILA, and acknowledged that he was authorized to execute the instrument as the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. 9105090437 /e/ WI NESS my har and official seal this day of l SC G% NOTARY 1P ' -*-- 3 Li PUBLIC FAT 9 r �9 f •`• 8717.4-24-L, .464421.7.4L 0 ARY PUBLIC in and for the ate of Washin Residing at My appointment pires: %=�=3 9105090437 • EXHIBIT A Watt 1Q LG. PERISHABLES BUILDING SITE That portion of the NW 1/4 of the S/W 1/4 of Section 3, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, described as follows: Commencing at the intersection of the north line of said northwest 1/4 of the southwest 1/4 with a line parallel with and distant 600 feet, westerly, measured a.t right angles, from the centerline of the Colrrnubia and Puget Sound Railroad, as the saute was originally located and o'ort~trurted across said section, said point of commencing being N88e 07'58"W .5.27.84 'feet, as measured along the said north line, from the concrete monument at the point of intersection of the carve tangents of the centerline of Airport Way South as conveyed 1« King County by deed recorded under Auditor's File No. 4208271; thence 52P 22.39"E parallel with the centerline of said Columbia and Puget Sound Railroad a distance of 200 feet to the true point of beginning; thence continuing S21' 22'39"E a. distance of 535 feet, more or Less, to the westerly margin of Airport. Way South; thence southerly and westerly along said margin to the northerly margin of Boeing Access Road; thence southerly and westerly along said northerly margin to the easterly margin of :East Marginal Way South; thence northerly and westerly along said easterly margin to a point which beats S68 37'21."W a distance of 890 feet, more or less, from the true point of beginning; thence N 68" 37'21"E to the point of beginning. - MIsGPReJ.vsn Page 1 of 2 Sept. 19, 1990 • • Sc4Ce: /": 20o' EXHIBIT A '.4 cr) LN? 0y h h //fid cart A. Page 2 of 2 Jeer id, /,9O NOTIFICATION TO RECIPIENTS OF PUBLIC WORKS UT::LITY PERMITS All Public Works utility permits have a standard requirement listed on the first sheet: "THE APPLICANT MUST NOTIFY THE CITY INSPECTOR OF COMMENCEMENT AND COMPLETION OF WORK AT LEAST 24 HOURS IN ADVANCE. FOR AN INSPECTION CALL 433-0179." This is being emphasized and brought to your attention due to an increasing number of developments where this action is not occurring. In some cases, construction has not been completed in accordance with permit conditions and City standards. In situations where required notification has not been given to the City Inspector, the developer is proceeding at his own risk and may be required to remove and replace nonconforming construction. You are urged to review each permit and set of approved plans thoroughly and comply with any conditions or requirements stipulated. For clarification, the PUBLIC WORKS UTILITIES REACHED AT THE 433-0179 Your cooperation in this City Inspector referred to above is the INSPECTOR, GREG VILLANUEVA, WHO CAN BE NUMBER. matter is required and appreciated. 1 .1 r- 3 '4S sir JiS t02.9/.: RECEIVED CITY OF TUKWILA OCT 2 1 1994 PERMIT CENTER City of Tuila 2 __ tem - Engineering Division /oil/ 9,e - qpm oo1.,c 6300 Southcenter Blvd., Suite #100, Tukwila, WA 98188 ,aB7 : £ss Phone: (206) 433-0179 Appal n # P.PE 93 - ai02- J urs TUKWILA UTILITY PERMIT APPLICATION oum IC WORKS Site Address: 10332 E. Marginal Way S. „„;.„ Name of Project: Associated Grocers Truck Queuing • Area Property Owner: Associated Grocers, Inc. Phone No.: Street Address: 3301 S. Norfolk Street En. ineer: Street Address: •1 n. Grou. Attn: Dennis Nordin 10800 N. E. 8th Street, 7th Floor Contractor: To Be Selected City/State/Zip: Seattle, WA 98124 Phone No.: 206 455-91494 City/State/Zip: Bellevue, WA 98004 Phone No.: Street Address: City/State/Zip: King Cty Assessor Acct #: 042304-9099 Contractor's License #: ❑ Channelization/Striping/Signing O Curb Cut/Access/Sidewalk ❑ Fire Loop/Hydr. (main to vault) - No.: Sizes: ❑ Flood Zone Control Hauling Land Altering n2OD cubic yards z /v1°47177 � Landscape Irrigation 0 Moving an Oversized Load Est. start/end times* Date: O Sanitary Side Sewer - No.: Exp. Date: ❑ Sewer Main Extension ❑ Private ❑ Public ,Storm Drainage ❑ Street Use • ❑ Water Main Extension ❑Private ❑ Public O Water Meter / Exempt: - No.: _ Sizes. Deduct ❑ Water Only ❑ ❑ Water Meter / Permanent - No • — Sizes O Water Meter / Temporary: - No.: _ Sizes Estimated quantity: Schedule: ❑ Other: ATE PO:-. FUND BILL )NTt. L! CLINGS>TO Name: N/A Phone No.: Street Address: City/State/Zip: Name: N/A Phone No.: Street Address: ❑ Water ❑ Sewer ❑ Metro ❑ Standby City/State/Zip: ;DESCRIP:TU );IES ❑ Single -Family Residential 0 Multiple -Family Dwelling O Hotel 0 Duplex 0 Apartments 0 Other: No. of Units: O Motel ❑ Triplex 0 Condominiums X Commercial/Industrial MISCELLANEOUS INFORMATION ❑ Office O Retail ❑ New Building Square Footage: O Warehouse ❑ Church O Manufacturing 0 Remodel/ Addition '❑ School/College/University 0 Hospital ® Other: Truck Parking Square footage of original building space: Square footage of additional building space: King County Assessor's valuation of existing structures: $ Valuation of work to be done: $ :1 HEREBY CERTIFY THAT 1 HAVE, READ THIS APPLICATION AND KNOW THE SAME TO, BE TRUE AND CORRECT• Applicant/Authorized Agent Signature: Contact Person (print name): Ray Goodin , Facility Manager Print Name: Dennis Nordin, Barrett Consult. Grp. Address: ig �� c ate�ior opkest: , I Seattle, WA Date: June 8, 1994 Phone: (206) 455-9494 981214 Phone: (206) 764-7802 Date Application Accepted: .- /,Q/9¢ Date Application Expires: /c2, 8 7,14. 04/22/92 RELIANCERANCE COMPANY PHILADELP , PENNSYLVANIA UNITED PACIFIC INSURANCE COMPANY FEDERAL WAY, WASHINGTON PLANET INSURANCE COMPANY FEDERAL WAY, WASHINGTON RECEIVED CITY OF TUKWILA OCT 2 1 1994 PERMIT CENTER BOND NO, U247 31 49 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS: That we, LAKERIDGE PAVING COMPANY as Principal(s), and UNITED PACIFIC INSURANCE COMPANY, a PENNSYLVANIA corporation authorized to transact suretvbbusslness in the State of WASHINGTON as Surety, are held and firmly bound unto CITY OF LA , as Obligee, In the penal sum of TWO THOUSAND AND NO/100 ($ 2,000.00** ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, Jointly and severally, firmly by these presents. WHEREAS, Principal has applied to the Obligee for a license or permit to do business as UTILITY PERMIT/HAULING NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the said Principal(s) shall comply with all applicable Ordinances, Rules and Regulations, and any Amendments thereto, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, That this bond shall continue in force until: ®1 OCTOBER 17, 1995 . 19 , or until the expiration date of any Continuation Certificate executed by Surety, at its sole option. OR 0 2. Cancelled by Surety giving days written notice to Obligee and Principal of Its Intention to termi- nate its liability hereunder. SIGNED AND SEALED thls 17TH 6D-7306 (5/87) day of ,19 -—• By TAKER TD COMPANY e/ �TTvr" FIC _ INSURANCE COMPANY Principal By ��'/� ` eiREN J. ITH Attorney-in•Fect 141 T 2 1 1994 PRODUCER HENTSCHELL & ASSOCIATES, INC. ONE PACIFIC BUILDING 621 PACIFIC AVENUE, SUITE 204 TACOMA WA 98402 DATE (MM/DD/YY) 10/17/94 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A VALLEY INSURANCE COMPANY INSURED LAKERIDGE PAVING COMPANY P. O. 19601 KENT BOX 5430 S.E. FRONTAGE ROAD WA 98064 COMPANY B COMPANY C COMPANY D OOVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTNITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR OWNER'S & CONTRACTOR'S PROT 41 03CP001130 8/20/94 8/20/95 GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ 2,000,000 $ 2,000,000 PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) $ 1,000,000 $ 1,000,000 $ 100,000 MED EXP (Any one person) $ 5,000 A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS 41 03CP001130 8/20/94 8/20/95 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE A EXCESS LIABILITY X UMBRELLA FORM OTHER THAN UMBRELLA FORM 41 03CU 001130 8/20/94 8/20/95 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 RETAINED LIMIT 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL X EXCL 41 03CP001130 8/20/94 8/20/95 X STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 A OTHER 41 03CP001130 8/20/94 8/20/95 COMP DEDUCTIBLE $ 500 COLLISION DEDUCTIBLE $ 500 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED AS RESPECTS TO: HAULING PERMIT BOND TO THE CITY OF TUKWILA ........................................ ............................................ CITY OF TUKWILA TUKWILA WA ./.r.,..�.«............`.....�..t........ ................................ ................................ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE X993:: ` ( 10 RELIANCE SURETY COMPANY z RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY RECEIVED CITY OF TUKWILA OCT 2 1 1994 PERMIT CENTER KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY is a corporation duly organized under the laws of the State of Delaware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of Pennsylvania and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Thomas P. Hentschell, Karen J. Smith, of Tacoma, Washington their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as full and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorney(s)-in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are in full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the Chairman of the Bo -rd, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attorney(s)-in-Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorney(s)-in-Fact at any time and revoke the power and authority given to them. 2. Attorney(s)-in-Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indemnity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent dated as of February 28, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance Surety Company by Unanimous Consent dated as of March 31, 1994. "Resolved that the signatures of such directors and officers and the seal of the Company may be affixed to any such Power of Attorney or any certificates relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such Power so executed and certified by fac- simile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, the Companies have caused these presents to be signed and by their corporate seals to be hereto affixed, April 1, 1994. STATE OF Washington COUNTY OF King } ss. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY 7a.si 044-fi On this, April 1, 1994, before me Janet D. Blankley, personally appeared Mark W. Alsup, who acknowledged himself to be the Vice President of the Reliance Surety Company, Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company and that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duly authorized officer. In witness whereof, 1 hereunto set my hand and official seal. fp Notary Put}lic in and for the State of Washington Residing at Puyallup I, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this17TI1ay of OCTOBER 19 94 . Assistant Secretary