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HomeMy WebLinkAbout89-034 - Spieker Partners - Southcenter Food Court Development Agreementor i(31AtaffeP c / ! :tit SC tom Floes rovaito-t, A •C PILE #27:222Y____ DATE DEVELOPER'S AGREEMEIP• ico-c) THIS AGREEMENT is made and entered into on June..q, 19 9 a Washington municipal corporation (hereinafter referred to as "the City") and* Spieker Partners, developers of Southcenter Plaza (Tukwila Pond), a business entity to be hereinafter referred to as "the Owner".* WITNESSETH WHEREAS, the Owner is the owner of certain real property Dm located generally at the southwest intersection of Strander vii LID and Andover Park West, as shown on Exhibit "A", and P. WHEREAS, the Owner has applied for approval of a building Q permit for the development of a retail and commercial complex to P be located on the proPerty, and C"). WHEREAS, the development of said property will create traffic on impacts which will necessitate the granting of rights-of-way for certain roadways, signalization and sidewalk improvements, and WHEREAS, the development is in a designated flood hazard area within the central business district per Federal Emergency Management Agency's current flood insurance study, which will necessitate compliance to the City's flood ordinance and the and Federal Emergency Management Agency's flood insurance program, and Alpha Engineers' 1984 P-17 drainage study, and WHEREAS, public water main updates within the City's Comprehensive Water Plan may necessitate the developer extend city water lines to provide a water delivery system for the needs of the development and also provide for the fire flows and domestic water needs of other system users in the central business district, and WHEREAS, the development will also necessitate additional studies and other land use actions, and NOW, THEREFORE, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Responsibilities of Owner A. New mid -block signal at north entrance on Strander Boulevard. City will administrate the design and construction, at Owner's sole cost and expense, with the Owner contributing up to 50% of the costs of signalization and channelization, (and using contributions for this signalization from the Southcenter Food Court Development at the Southcenter Mall as outlined in the letter of July 22, 1983, *Refer to Page 4. 89/07,-0? #0617 D RECD F 11.00 CASHSL 55 8907070617 attached, Exhibit "B") a new mid -block signal at north entrance to development access onto Strander Boulevard. This signalization shall meet City Standards allowing for a common access alignment for the development and Southcenter Mall property to the north for the purposes of providing an adequate common access to the Strander Boulevard arterial. B. Dedication of Right -of -Way for New Right Turn Lane in Strander Boulevard, and Easements for Sidewalk and Utilities Relocations. The Owner shall provide, at the Owner's sole cost and expense a right-of-way dedication on the north side of property for a 5.9 foot +/- strip of land for roadway and utility purposes. This dedication shall be for the purpose of providing a right turn lane. In addition, an easement will be granted for curb/gutter, sidewalk, access and utilities relocations along Strander Boulevard. The property owner will be credited for the right-of-way provided for the future LID along Strander Boulevard. C. Right -Turn Lane Roadway and Channelization The City will administrate the design and construction, at Owner's sole cost and expense, a right -lane roadway and channelization meeting City requirements for adequate acceleration/deceleration for its primary north access point. D. No -Protest Agreement to the Formation of a Future LID for Future Roadway Expansion of Strander Boulevard Owner acknowledges that the Owner's development will have a cumulative impact on the transportation system in the area of the Owner's property and that Owner's property would be specifically benefitted by improvements to such facilities. Owner agrees to participate in any local improvement district which is formed for the purpose of roadway improvements in Strander Boulevard and hereby waives the right to protest the formation of any such LID, provided that Owner retains the right to contest the method of calculating assessments in such LID and the amount thereof to believed against Owner's subject property, and other property owned by Owner which would be within such LID. E. Dedication of Right -of -Way and Easements at Southwest corner at Strander Boulevard and Andover Park West and relocation of sidewalk, traffic poles, etc. The Owner shall provide, at the Owner's sole cost and expense,a right-of-way dedication at the southwest corner at Strander Boulevard and Andover Park West to accommodate a future public sidewalk, signalization poles, and other public facilities, as required. In addition, the Owner shall design and construct, at 2 8907070617 Owner's sole cost and expense, the relocated sidewalk, traffic poles, etc. as required by Public Works as part of the development approval process. F. Dedication of Right-of-way Adjacent to Andover Park West for purposes of widening Andover Park West and addition of number of traffic lanes and easements for sidewalk and utilities relocations. The Owner shall provide, at the Owner's sole cost and expense, a right-of-way dedication on the east side of property for a 6 inch strip of land for roadway and utility purposes. This dedication shall be for the purposes of widening Andover Park West and addition of a number of traffic lanes. In addition, an easement will be granted for a sidewalk, access and utility relocations along Andover Park West. The property owner will be credited for the right-of-way provided for the future LID along Andover Park West. G. Future Roadway Expansion of Andover Park West Owner acknowledges that the Owner's development will have a cumulative impact on the transportation system in the area of the Owner's property and that Owner's property would be specifically benefitted by improvements to such facilities. Owner agrees to participate in any local improvement district which is formed for the purpose of roadway improvements in Andover Park West and hereby waives the right to protest the formation of any such LID provided that Owner retains the right to contest the method of calculating assessments in such LID and the amount thereof to believed against Owner's subject property, and other property owned by Owner which would be within such LID. H. Dedication of Improvements and Rights-of-way - Maintenance Bond. Upon completion of the new signalization, signalization modifications, street improvements, sidewalks etc., and approval of same by the City, the Owner shall dedicate, assign and convey to the City, free from any lien or encumbrance, the improvements to be made public and the real property upon which such improvements are located. Also, at such time, Owner shall furnish to the City a bond or other suitable security in an amount approved by the Public Works Department of the City and in a form approved by the City Attorney, guaranteeing the new signal, sidewalks, etc. against defects in workmanship and materials for a period of one (1) year from the date of approval and acceptance of the same by the City. 2. Non -Waiver --Extensions. Failure of either party to insist on the strict performance of any of the terms of this Agreement 3 8907070617 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. 4. 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. 5. 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. 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. ATTEST/AUTHENTICATED , 1989 OWNER: * SP APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By J PARTNERS el nolid1, ing General Partner * S -H Benoliel - Romney #179, a California Limited Partnership, doing business as Spieker Partners. 4 8907070617 STATE OF WASHINGTON ) COUNTY OF K I N G ) ss. I certify that there appeared before me persons that I know or have satisfactory evidence were GARY L. VAN DUSEN and MAXINE ANDERSON who signed the DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor 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: , 1989. STATE OF WASHINGTON ) ss. COUNTY OF K I N G ) Nota Public in and for the of Wa hington, residing at My appointment expires I certify that there appeared before me a person that I know to have satisfactory evidence was who signed this DEVELOPER'S AGREEMENT and acknowledged it to be h free and voluntary act for the uses and purposes mentioned in this instrument. DATED: , 1989. Notary Public in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ss. COUNTYOFKING ) I certify that there appeared before me a pe4plon that I know or have satisfactory evidence was S©e f &nate l and who signed this DEVELOPER'S AGREEMENT, on oath stated that he is authorized to execute the instrument and acknowledged it as the Managing General Partner of *Spieker Partners to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: TV � ? , 1989. D10 DAFORPON Nota P1•lic in and for the St to of Was ington, residing at Ael/evv' My appointment expires 9A* 5 V 4 t9-1(40 ' 89 06/21 10.50 "$`4F- 4105 SP I EKER PAR" 'RS 2002 BXHIB1T A DEVELOPER TRACT 5.66 ACRES That portion of the Southwest quarter of the Northeast quarter of Section 26, Township 23 North, Range 4 East, of the Willamette Meridian; in King County, Washington. COMMENCING at the Southwest corner of the Southwest quarter of the Northeast quarter of said Section 26; THENCE North 01° 10' 24" East, along said West line of said Southwest quarter 1,293.57 feet to the South margin of Strandtr Boulevard; THENCE South 88' 15' 33" East, along said margin, 665.00 feet to the TRUE POINT OF BEGINNING of this description. THENCE South 01' 44' 27" West, 63.00 feet to a point of tangent curvature concave to the Northeast having a radios of 130.00 feet; THENCE Southeasterly along said curve through an arc of 34' 27' 01" an arc length of 78.17 feet; THENCE South 88" 15' 33" East, 212,17 feet; THENCE South 01' 44' 27" West, 62.00 feet; THENCE South 88' 15' 33" East, 9.00 feet; THENCE South 01' 44' 27" West, 62.00 feet; THENCE North 88° 15' 33" West, 133,00 feet; THENCE South 01' 44' 27" West, 150.00 feet; THENCE South 88' 15' 33" East, 299.82 feet; THENCE South 34' 33' 18" East, 204,52 feet; TIIENCE South 88' 15' 33" Fast, 116.74 feet to the West margin of Andover Park West; THENCE North 01' 03' 25" East along said West margin 575.42 feet to the South margin of Strandtr Boulevard; THENCE North 88° 15' 34" West along said South margin, 641.73 feet to the TRUE I'OUN 1 U't� BEGINNING and TERMINUS of this legal description. TOGETHER WITII and SUBJECT TO an Operation and Easement Agreement between Dayton Iludson Corporation and S-H-Benoliel-Romney #179, recorded at King County under file number 8902211002, and any easements and reservations of record. 8907070617 ►► - 5.XN1'61-r" VAV JACOBS, VISCONSI & JACOBS CO. 25425 CENTER RIDGE ROAD, CLEVELAND, OHIO 44145-4122 216-871-4800 FEDERAL EXPRESS The City of Tukwila Building Department 6200 Southcenter Boulevard Tukwila, WA 98188 Gentlemen: July 22, 1988 RE: Southcenter Food Cour Building Permit Application This letter will serve to formally amend our building permit application for the above referenced project in the following respect: We will contribute one-half, not to exceed *50,000, of the cost of a four-way traffic signal at the intersection of our southeast entrance to Southcenter Shopping Center from Strander Boulevard. Our payment shall be made at such time as said traffic signal is installed. In the event said traffic signal has not been installed at the time additional building permits are requested in connection with a major expansion of Southcenter Shopping Center, and installation of said traffic signal is required as a part of transportation impact mitigation for such major expansion, then the *50,000 limitation herein shall not be applicable to such<m tigati.onAds aybe required by the City of Tukwila in connectionL„wigh t�scaycY a-j"o0X expa�nsipp- Very truly yours, TPS/blv cc: L. Rick Beeler R. Earnst, P.E. JACOBS, VISCONSI & JACOBS CO. Thomas P. Schmitz, P.,