HomeMy WebLinkAbout90-072 - Tukwila Warehousing Services - Bon Marche Development AgreementII) C FILE # 90-- 0 72
DATE `g, /770
CO. -
DEVELOPER'S AGREEMENT
THIS AGREEMENT is made and entered into this Roo day of
July, 1990 by and between the CITY OF TUKWILA, a Washington
municipal corporation (the "City") and TUKWILA WAREHOUSING
SERVICES CORPORATION ("Applicant").
WITNESSETH
WHEREAS, the Applicant is the lessee with respect to certain
real property ("Property") located generally east of
Southcenter Parkway and south of Tukwila Pond, as more
particularly described in Exhibit "A", attached hereto and
incorporated herein by this reference, and
WHEREAS, the Applicant has applied for approval of a
building permit for the expansion to an existing
warehouse/distribution center located on the Property, and
WHEREAS, the proposed expansion will produce additional
traffic thereby resulting in the need for additional rights-
of-way for certain roadways, sidewalk, and roadway
improvements, and
NOW, THEREFORE, IN CONSIDERATION of the mutual benefits and
conditions hereinafter contained, the parties hereto agree
as follows:
1. Responsibilities of Applicant:
A. The Applicant shall provide Southcenter Parkway
frontal sidewalk improvements per Sidewalk
Ordinance- Sidewalks/drainage/lightpoles/hydrants.
Upon completion of the new sidewalk improvements
and associated street improvements, utility
relocations, etc. and approval of the same by the
City (design and construction), the Applicant
shall dedicate, assign and convey to the City,
free from any lien or encumbrance, the
improvements to be made. Also, at such time, the
Applicant shall furnish to the City a bond or
other suitable security in an amount approved by
the Public Works Department of the City in a form
approved by the City Attorney, guaranteeing the
new sidewalks, etc. against any 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.
B. The Applicant shall ensure that there will be a
dedication from the north side of the Property for
a 16 -foot wide strip of land for roadway and
utility purposes from Southcenter Parkway to the
radius of 58 Avenue South and the triangle at the
southeast corner of Southcenter Parkway/South
168th Street pursuant to the Barghausen November
8, 1989 design which is attached hereto as Exhibit
"B".
C. The Applicant shall provide a defined pedestrian
walkway between the west face of building and
South 168th/Southcenter Parkway intersection when
South 168th Street is constructed.
D. The Applicant will make a good faith and diligent
effort to obtain an agreement with the J.C. Penney
Company to provide for a consolidated single
driveway serving the Property and the adjacent
J.C. Penney property, which agreement if
obtainable should include the following:
(1) The design and construction of a consolidated
driveway serving both the Applicant's
property and the J.C. Penney property at a
location such that it is aligned with the
driveway to the west.
(2) The costs attributable to the consolidated
driveway between the Applicant and J.C.
Penney shall be shared equally between the
two companies.
(3)
In the event that the Applicant and J.C.
Penney shall reach such an agreement, the
City shall construct the driveway radius
returns at Southcenter Parkway and the City
shall design and construct a signal for the
intersection of the consolidated driveway and
Southcenter Parkway in order to reduce left
turn conflicts, provide pedestrian crossing
and reduce Southcenter Parkway driveway
collisions.
(4) The Applicant agrees to a consolidation of
the driveways if and when J.C. Penney shall
have this same requirement imposed upon it.
E. No traffic analysis for increase of 30,000 foot
building expansion and conclusion as needs and
safety has been calculated:
2
B. The Applicant shall ensure that there will be a
dedication from the north side of the Property for
a 16 -foot wide strip of land for roadway and
utility purposes from Southcenter Parkway to the
radius of 58 Avenue South and the triangle at the
southeast corner of Southcenter Parkway/South
168th Street pursuant to the Barghausen November
8, 1989 design which is attached hereto as Exhibit
"B".
C. The Applicant shall provide a defined pedestrian
walkway between the west face of building and
South 168th/Southcenter Parkway intersection when
South 168th Street is constructed.
D. The Applicant will make a good faith and diligent
effort to obtain an agreement with the J.C. Penney
Company to provide for a consolidated single
driveway serving the Property and the adjacent
J.C. Penney property, which agreement if
obtainable should include the following:
(1) The design and construction of a consolidated
driveway serving both the Applicant's
property and the J.C. Penney property at a
location such that it is aligned with the
driveway to the west.
(2) The costs attributable to the consolidated
driveway between the Applicant and J.C.
Penney shall be shared equally between the
two companies.
(3)
In the event that the Applicant and J.C.
Penney shall reach such an agreement, the
City shall construct the driveway radius
returns at Southcenter Parkway and the City
shall design and construct a signal for the
intersection of the consolidated driveway and
Southcenter Parkway in order to reduce left
turn conflicts, provide pedestrian crossing
and reduce Southcenter Parkway driveway
collisions.
(4) The Applicant agrees to a consolidation of
the driveways if and when J.C. Penney shall
have this same requirement imposed upon it.
E. No traffic analysis for increase of 30,000 foot
building expansion and conclusion as needs and
safety has been calculated:
2
(1) (CH2M, Entranco, Chris Brown) traffic studies
have identified needs.
(2) 30,000 square feet of additional warehouse
space generates less than 10 vehicles per
day.
F. The Applicant's 16 -foot dedication as set forth in
paragraph 1.B exceeds its "fair share" of
contribution to South 168th Street from 58th
Avenue to Southcenter Parkway.
2. 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.
3. Binding Effect. This agreement shall be binding upon
the parties, their respective heirs, legal
representatives, assignees, transferees and successors.
4. 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 cost, including reasonable attorneys'
fees.
5. 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.
CITY OF TUKWILA
TUKWILA WAREHOUSING SERVICES
CORPORATION
Kath een Peterson
President
3
(1) (CH2M, Entranco, Chris Brown) traffic studies
have identified needs.
(2) 30,000 square feet of additional warehouse
space generates less than 10 vehicles per
day.
F. The Applicant's 16 -foot dedication as set forth in
paragraph 1.B exceeds its "fair share" of
contribution to South 168th Street from 58th
Avenue to Southcenter Parkway.
2. 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.
3. Binding Effect. This agreement shall be binding upon
the parties, their respective heirs, legal
representatives, assignees, transferees and successors.
4. 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 cost, including reasonable attorneys'
fees.
5. 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.
CITY OF TUKWILA
TUKWILA WAREHOUSING SERVICES
CORPORATION
Kath een Peterson
President
3
ATTEST/AUTHENTICATED:
By:
APPROV D ACJ TO FORM:
OFFICE OF THE CITY ATTORNEY
By: 'r
STATE OF WASHINGTON
COUNTY OF King
)
)
)
ss.
On this 21st day of AUGUST , 1990, before me
personally appeared GARY L. VAN DUSEN , to me
known to be the MAYOR of THE CITY OF TUKWILA,
the municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated
that HE was authorized to execute the said instrument and
that the seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and ,ear first above
written.
•_oloasI1l1s,_
•gF
S Qum A t t
tr
S 0\ 4(43 9 "e 2 :
•i� 4,1, .•..:.•= She:'
i� F OF W P
STATE OF WASHINGTON
COUNTY OF
IS t/'
On this �'' day of�, 1990, before me
personally appeared KATHLEE,/•ET SIN, to me known to be the
President of TUKWILA WAREN• ING.S RVICES CORPORATION, the
)
)
)
Signature / Notary Public
NOTARY
Title
My appointment expires:
8/9/1994
ss.
4
ATTEST/AUTHENTICATED:
By:
APPROV D ACJ TO FORM:
OFFICE OF THE CITY ATTORNEY
By: 'r
STATE OF WASHINGTON
COUNTY OF King
)
)
)
ss.
On this 21st day of AUGUST , 1990, before me
personally appeared GARY L. VAN DUSEN , to me
known to be the MAYOR of THE CITY OF TUKWILA,
the municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated
that HE was authorized to execute the said instrument and
that the seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and ,ear first above
written.
•_oloasI1l1s,_
•gF
S Qum A t t
tr
S 0\ 4(43 9 "e 2 :
•i� 4,1, .•..:.•= She:'
i� F OF W P
STATE OF WASHINGTON
COUNTY OF
IS t/'
On this �'' day of�, 1990, before me
personally appeared KATHLEE,/•ET SIN, to me known to be the
President of TUKWILA WAREN• ING.S RVICES CORPORATION, the
)
)
)
Signature / Notary Public
NOTARY
Title
My appointment expires:
8/9/1994
ss.
4
corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that she
was authorized to execute the said instrument and that the
seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
4j1h0003
1b07-12-90
12085-00014
My appointment expires:
5
corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that she
was authorized to execute the said instrument and that the
seal affixed, if any, is the corporate seal of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year first above
written.
4j1h0003
1b07-12-90
12085-00014
My appointment expires:
5