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Home My WebLink AboutA 9509110596 . _.,.a...�.....�.,�......._.......�,a... + ^ � • � • • � ��'�"�� SA-9,5=033 WI-I�I REODRDED RETI�tN'I�O: � , �,, Office of the City Clerk �•' � �� Renton Municipal Buildiag ,;: � �E P � 1995 µ 200 Mill Avenue South �' Renton,WA98055 AGREEMENT � Kliv'v C:UUNTY � RECORDE��, ;� .� THIS AGREEMENT is entered into this�Q ay of August, 1995 by and between Triple � Crown Properties I, L.L.C. (successor-in-intsres� t� Running Aear, Inc., a hti�souri corporation , � (hereinafter referred to as "Uwner") and the City of Renton, Washington (hereinafter referred to as ;�, ��Cl�,�� c cs c z WITNESSETH: � � m n 0 A. Owner is the owner of the certain real property and a11 improvements to be � constructed thereon, the real property portion of which is legally described on Exhibit "A" (the � "Property") attached hereto and incorporated herein by reference. , � B. City is the municipality which has land use and development pernutting authority with respect to the Property. Under its authority derived form the State Environmental Policy Act ,� _ ("SEPA"), City has issued a Report&Decision-Environmental Review& Administrative Land Use � Action (the "Report") dated Apri14, 1995, with regard to Owner's proposed development of the Smurfit Materials Recovery Facility("Facility") on the Property. Condition 4 of the Report requires � Owner to permit the City to enter on the property to review the compliance of Owner with certain � provisions of the Report. This Agreement is intended to implement the terms of Condition 4 of the � Report. � � � NOW TT�REFORE,for and in consideration of the covenants contained herein, the parties i � ag.r.ee as fe1o�;�s: � � 1. Owner hereby grants to City,its successors and assigns, the right of(i) pedestrian ingress and egress to, over, across and through the Property and Facility(excluding the administrative offices of the Facility)and(u)vehicular access over the roads, drive-ways and parking areas which from time- to-time exist on the Property, on the conditions and for the purposes hereinafter set forth. 2. The rights of access to the Property and the Facility and the license granted to the City in II, Paragraph 1 hereof: 'I (i) sha11 be limited to a reasonable number of times per year, or in connection with the City ' res ondin to com laints of ro ert owners ad�acent to the Pro ert or monitorin an remedial I p g P P P Y J P Y, g Y , action required by the City as provided in Pazagra h 3 hereof, commencin after the execution of this I P g Agreement and continuing thereafter for so long as the Facility remains open and in operation; �� (ii) sha11 occur only upon 24 hours advance notice by the City to Owner; (ui) sha11 be performed by the City, or its d�signated agent or employee, in the company of an employee or agent of Owner; , ' (iv) shall be limited to monitoring and reviewing the performance of the Facility in connection with reducing the potential for litter blowing from the Properry("Monitoring Program")by ensuring that(a)the paved surfaces of the Property are kept clean and free from litter, (b)the landscaped areas of the Property are kept clean and free from litter and (c) a11 storage containers on the Property are . ' � ' ' . ' covered by a tarp or other rea.sonably suitable security device to avoid the potential of litter blowing from the Property. 3. Based upon the results of the City's inspections perf�rmed in cannvction with ttze�vlonitai-ing Program as provided in I'aragraph 2 above, the City shall notify the Owner, in writing, of any remedial action required of the Owner with respect to cleaning up the Property. In the event that the Owner does not complete the remedial action required by the City within thirty(30) days following the date of written notice from the City(or in the event that the remedial action required by the City is such that it shall require longer than thirty(30) days, Owner has not commenced said action within said thirty(30) day period and is diligently attempting to perform such redial action), the City shall have the right to take such remedial action on behalf of Owner, and Owner shall pay all reasonable costs incurred by the City in connection with such remedial action within thirty(30) days following the City's submission of an invoice to Owner for City's costs with respect to said remedial action. ' 4. The rights of access and the license granted herein are for the exclusive benefit of the City and shall not be for the benefit of any other person, entity or party. 5. This Agreement shall be binding upon and sha11 inure to the benefit of the Owner and the City � and their respective heirs, executors, administrators,legal representatives, successors and assigns and � shall run with the title to the land described herein so long as the Monitoring Program shall remain � in effect. In the event of the termination of the Monitoring Program, this Agreement shall � automatically terminate and be of no further effect without any further action being required by � Owner or City. � � 6. No delay or failure by any parry hereto to exercise any right under this Agreement and no � partial or single exercise of that right shall constitute a waiver of that or any other right unless otherwise expressly provided in this Agreement. 7. This Agreement shall be construed in accordance with and governed by the laws of the State of Washington. WHEREFORE, this Agreement was executed on the day and year first above written. OWNER: � TRIPLE CROWN PROPERTIES I, L.L.C. �3y: r�iic::eis�n A�s�t PvIanagement,Inc., a Missouri corporation, Managing Member By: � Name: � L• Title: i c. �l i . . ' < EXHIBIT "A" LOT 8 �'�T �L�C� 5 UF BURLINGTON NORTHERN INDUSTRIAL PARK RENTON II, ACCORDING TO THE PLAT RECORDED IN VOLUME 111 OF PLATS, PAGES 42 THROUGH 44, INCLUSIVE, IN KING COUNTY, WASHINGTON. � � l� � � ' � � � �