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Home My WebLink AboutE 9205201351 Recording Requested By and OF When Recorded, Return To: Fr 'nJRODNQ 777 Larry Warren, City Attorney City of Renton P. O. BOX 1493 Post Office Box 626 Bellevue, WA 98009 Renton, WA 98058 AGREEMENT REGARDING ACCESS TO CITY TRACT C PROPERTY This Agreement is made and entered into this day of May, / �, 1992 by and between First City Washington, Inc. ("First City") and the City of Renton ("the City") . WHEREAS the City of Renton is purchasing a portion of Tract C (Lots 5,7,8,9, 10 and a portion of Lot 6) of the Blackriver Corporate Park ("City Tract C Property") ; and WHEREAS, the City of Renton has an option to purchase the remainder of Tract C, (Lots 3, 4 and a portion of Tract 6) , of the Blackriver Corporate Park ("Tract C Option Property") ; and r4 WHEREAS, it is the City's intent to keep the City Tract C Ul t Property for permanent open space purposes and thus, the City does not contemplate having regular or continuous access to the 0 City Tract C Property; however, there may be occasions when the N City needs to access the City Tract C property for the limited 0 purposes of minor maintenance, wetlands creation, enhancement or CD wetlands maintenance ("Limited Purposes") ; and 04 Oh WHEREAS, if the City does not acquire the Tract C Option Property, the City will need permission to cross the Tract C Option Property for access to the City Tract C property for Limited Purposes; and WHEREAS, there is a 60-foot wide paved access easement, which begins at the southern boundary of Tract C at the end of ` ,� Naches Avenue, and runs along the western boundary of Lot 2 ("the �d Rivertech Parcel") and the eastern boundary of Lot 4 , and which terminates at the north boundary of Lot 2 (such access easement hereinafter, "the Rivertech Road") ; and WHEREAS, First City is willing to give the City access for Limited Purposes from the northern terminus of the Rivertech Road to the City Tract C Property, in the event that it has not yet exercised its option or does not purchase the Tract C Option property; NOW THEREFORE, the parties do hereby agree as follows: - 1 - OP TT NV S00 MOM AIN"03 ONIN Wd O :reap TSFT-OZSO?c A. Location, Construction, Cost and Operation of City Access Route. 1. First City agrees that it will allow the City to have an access route from the northern terminus of the Rivertech Road to the City Tract C Property, for the Limited Purposes set forth above ("City Access Route") . The City Access Route shall be no less than 20 feet wide and shall be at a location approved by First City in accordance with its development plans for the Tract C Option Property, and which approval shall not be unreasonably withheld. The City Access Route may include portions of roadway that are also used as part of First City's development of the Tract C Option Property. 2 . The location and construction of the City Access Route shall be coordinated to the extent possible with the planning and construction of roads serving First City's development of the Tract C Option Property. If First City is ready to proceed with development at the time the City desires access, the parties shall meet and coordinate regarding the planning and construction of the City Access Route. First City shall bear the costs of the roads required for its development and the City shall bear the expense of installing any portion of the City Access Route which is not a part of the road system required for First City's development. The parties shall strongly consider entering into a cost-sharing agreement for construction of the City Access Route, any subsequent modification thereof, maintenance, etc. e4 3 . If First City is not ready to proceed with its 1f? development, and the City desires access, the City will need to r, propose a City Access Route for First City's approval and the r4 City will need to construct and bear the expense of providing a CD usable travel surface for the City Access Route. If the City U, constructs a City Access Route that later needs to be modified, O reconstructed or resurfaced to accommodate First City's 04 development, First City shall bear the expense of such 01 modification, reconstruction and resurfacing, except for any portion of the route that is not required for First City's development. The City shall install such landscaping or buffering as may reasonably be required to screen the City Access Route from the development. These issues should be addressed in the cost-sharing agreement. 4 . The City will be responsible for repair of any damage to the City Access Route occasioned by the City's use. The parties will share maintenance of the City Access Route in accordance with the cost-sharing agreement. 5. The City will comply with reasonable rules established by First City regarding the hours for utilization of the City Access Route, requirements regarding clean-up and similar operational restrictions so the City's access does not to unduly - 2 - r interfere with the use and operation of First City's development. The City will seek First City's approval regarding the hours of movement and types of equipment in order to coordinate its use with First City's use and operation of its development and First City's approval will not be unreasonably withheld. B. Binding Effect and Survival of Closing. This Agreement is intended to be binding on the heirs, assigns and successors of First City and the City. The legal force and effect of this Agreement will survive the closing of the pending real estate transaction between First City and the City. C. Termination. This Agreement shall terminate and have no further force and effect if and when the City exercises its option to purchase the Tract C Option Property. D. Recording. This Agreement will be recorded with the King County Auditor's Office to give notice of its existence and effect and a matter of legal record. Should the parties determine that this document is unnecessary or that changes to the document need to be made to reflect actual conditions or changes to the Agreement, then amendatory documents shall be signed by the parties and e4 filed of record. 0 CITY • RENTON 04 By '1 0 Ea 1 Clymer, Ma.•r 04 0") FIRST\CITY WASHINGTON, INC. • I B { Dean R. Erickson Its Vice President / / By /),,y/1...4_,_ K nneth Bellamy Its Senior Vice Presider, ) APPRO ED AS TO LEGAL FORM: ,/ ,r Lawrence J. en, City Attorney - 3 - t .^ STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me EARL CLYMER, to me known to be the Mayor of the City of Renton, the municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal this )lday of May, 1992 . Qr� ��Q.`�`,t-'�',2 NOTARY PUBLI n and for the state of Washington, residing at , My appointment expires: /-4-/t- STATE -4`/t'STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me DEAN ERICKSON, to rl,4 the known to be the Vice President of First City Washington, Inc. , the corporation that executed the within and foregoing instrument CD CN2 and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes CD therein mentioned, and on oath stated that he is authorized to execute said instrument. C) C' GIVEN under my hand and official seal this // ay of May, 1992 . "v:1,4.4.,7"g:? , /k/' ( )(41Li o f ��, is NOTARY PUBLIC in and for the •' Z;� • stat 7of ,Washington, residing at (\7:..,) < � ''1 -��,5`FEB.O; �, My appointment expires:-�)/" — 4 - STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me KENNETH BELLAMY, to me known to be the Senior Vice President of First City Washington, Inc. , the corporation that executed the within and foregoing instrument and acknowledged the 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 is authorized to execute said instrument. GIVEN under my hand and official seal this , day of May, 1992 . 1 o r, 4' z: i NOT PUBLIC in and for the 1.11.., state'o)f Washington, residing och• at My appointment expires: c 1-XP FCI75011A05182.ALK 1/3 • J 11, O a, - 5 -