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HomeMy WebLinkAboutLA 8406080682 • . I. + • 1 ' '� AGREEMENT AND CONVEYANCE 84'0€,r0e 0682 C' C // i�o�oa°S07 K C it"c • ( ft+ tjt) RE: TRANSPORTATION SYSTEM RECD F 7.00 kcHcL :**7.00 THIS AGREEMENT made and entered into this 61-4- 1 day of , 1P/, and between the CITY OF RENTON, a municipal corporation under the laws and statutes of the State of Washington, hereafter referred to as the "CITY" and HOLVICK, deREGT, and KOERING, hereinafter referred to as "DEVELOPER": WITNESSETH: • WHEREAS the "DEVELOPER" is desirous of having the City install a traffic signal system and all necessary appurtenances thereto at the intersection of S.W. 7th St. and Hardie Ave. S.W. and connect same to the City's Transportation System el so that such improvements will constitute an integral part thereof; and WHEREAS up CO no other property owners or additional users beyond those listed in Attachment GO A are presently available to share in the cost and expense of construction of such improvements, and; rr OD WHEREAS the "DEVELOPER" is willing to pay all additional costs and expenses necessary to complete the installation of said improvements; NOW THEREFORE, IT IS HEREBY AGREED AND COVENANTED BY AND BETWEEN THE AFORESAID PARTIES AS FOLLOWS: • 1 . The "Developer" hereby acknowledges and covenants that he is OWNO : ? I S:QW.V :; v of the following described property to-wit: Lots 1 through 10 of the WASHINGTON TECHNICAL CENTER PLAT ;$Y.'-KE Cti'ORDS 1Sttl�t approximately 28.5 Acres located at the southwest corner' KING COUNT yrs of S.W. 7th St. and Powell Ave. S.W. in Renton, Washington � I and the "Developer" hereby agrees and covenants to pay all costs incurred beyond the funds and equipment currently available to install the improvements as shown and described in Attachment B entitled: "S.W. 7th and Hardie Ave. S.W. Plans and Specifications". The "Developer" further covenants and warrants that all expenses and claims in connection with the advertising, award, contract execution, construction and installation as well as construction inspection and project closure, of the aforesaid improvements, whether for labor or materials or both, will be paid in full . 2. The "Developer" further concurs that the total final cost of said construction and other related elements as hereinabove specified will be in the sum of $77,702.99 as shown in Attachment A. Based on said total amount of cost, the costs per trip generated for said improvement shall be employed to determine the pro rata reimbursement to the "Developer" by any owner of real estate, who did not contribute to the original cost of such improvement, and who subsequently generates traffic which impacts the intersection of S.W. 7th Street and Hardie Ave. S.W. It is further agreed that in the event the total actual cost of the aforedescribed improvement shall be different from that set forth hereinabove, then this Agreement will be duly amended to set forth the total actual cost thereof. The pro rata cost per daily trip generated is $2.18 and has been calculated as shown in Attachment A Item 3, except Phase II of the Washington Page 2 Technical Center Plat(1 ), shall reimburse the "Developer" on a pro rata share as indicated in Item #4 of Attachment A. 3. It is hereby found and determined that the construction and installation of said aforedescribed improvement is in the public interest and in furtherance of public safety and mobility. 4. The "Developer" hereby agrees and covenants to convey, transfer and assign unto City all rights, interest and title in and to said improvements and all appurtenances and accessories thereto, free from any claim and encumberance of any party whomsoever, the City agrees to accept and maintain said improvement as part of its present Transportation System upon approval thereof by the Public Works Director of his agent and after inspection of said construction. 5. No person, firm or corporation shall be granted a permit or be authorized 04 QDto develop a site which generates traffic which will use the intersection of C> S.W. 7th St. and Hardie Ave. S.W. during the period of 10 years from date hereof, OD CD without first paying unto the City, in addition to any and all other costs, fees Tr and charges to be assessed for each trip generated, in accord with the provisions `p of this contract. All amounts so received by the City shall be paid out by it unto the "Developer" under the terms of this agreement within sixty (60) days after receipt thereof. It is further agreed and covenanted that upon expiration of the term of this Agreement, to-wit: TEN years from date hereof, the City shall be under no further obligation to collect or make any further sums unto the "Developer". The decision of the Public Works Director of his authorized representative in determining the amount due from any owner whose traffic distribution patterns use the intersection at S.W. 7th St. and Hardie Ave. S.W. will be final . 6. It is further agreed and understood that the aforedescribed improvements to be paid for by HOLVICK, deREGT, and KOERING will , upon completion and acceptance by the City through its legislative body, become a part of the Municipal Transportation System. 7. Furthermore the "Developer" hereby agrees and covenants. to convey to the City upon execution of this document all necessary funds to provide the difference between $56,944.50, the lowest acceptable bid, and $22,201 , the amount of cash funds which have been previously collected, plus estimated costs incurred by the City for necessary advertising, award, contract execution, construction inspection and project closure. If the final contract price is higher than the original low bid, the "Developer" will submit necessary funds to provide the difference. These funds are due and payable upon notification by the City. 8. The total cost of this project is $77,702.99 as per Sections 1 and 2 of this document. Of this amount the City of Renton is contributing $16,500.00; Renton Shopping Center is contributing $4,201 .00; C.H.G. is contributing $19,425.75 and the Developer's share for Washington Technical Center Phase I is $5,439.21 . Therefore, the estimated maximum amount to be reimbursed through this latecomer agreement is $32,137.03. " p Page 3 9. This agreement shall be placed for record with the King County Auditor's Office immediately upon execution thereof and all costs of recording shall be the responsibility of the "Developer". 10. Upon project completion the total project cost shall be determined. The project cost shall include all costs incurred by the City and Developer in constructing the traffic signal , street lighting and all associated appurtenances at the intersection of S. W. 7th St. and Hardie Avenue S. W. consistent with City Standards. This shall include but not be limited to the final contract price, cost of signal controller, plans, specifications and estimates; costs incurred by the City and construction inspection. Based upon the final cost, the fair apportionment and trip generation fees shall be adjusted accordingly. OD11 . This Agreement or any part hereof, if determined by law to be pinvalid, shall not waive any rights the "Developer" may have to recapture pthe portion of the cost to be reimbursed to the "Developer". Tr 00 DATED THIS 6DAY OF 19("Z T , .�:�µ;.;, >,,Oi A. MUNICIPAL CORPORATION DEVELOPER: Bt �.•_ . Ste• 'od. BY: l',4,.., �. 7 ; .• - �' Mayor �Presi de ,,..,,, ,4, , ',BY: • City Clerk Secretary.'` '•:•,� s • L a t i ti 0 : H . I A r ^,r • �. 0, .3c Si :`' CITY OF RENTON p „'' � ., ,,,,•, �' developer ,. STATE OF WASHINGTON ) STATE OF ) COUNTY OF KING )ss COUNTY OF ) ss C On this 6 day of , 19 $ / On this day of 19 up before me personally a peared before me personally appeared O 8 ).3.,,..141ria, g Sk„,p,errLD., Tr (Grantor(s) to me known to be the (Mayor, City Clerk or other authorized officer or agent, as the case may be) of the Municipal Corporation to me known to be the individual (s) that executed the within and foregoing described in and who executed the instrument to be the free and voluntary foregoing instrument, and acknowledged act and deed of said municipal corporation, that he (she, or they) signed the same for the uses and purposes therein mentioned, as his (her or their) free and volun- and on oath stated that he was authorized tary act and deed, for the uses and to execute said instrument and that the seal purposes therein mentioned. GIVEN affixed is the corporate seal of said Munici- under my hand and official seal this pal Corporation. day of , 19 IN WITNESS WHEREOF, I have hereunto set my • hand and affixed my official seal the day Signature of Officer and Official Seal and year first above written Sign,q a ai'&'•Iitl r of Officer i ::. 4,; . WI0 ".in '4.,...._ee_f e z, T,22,- _IL , Nota',ry •Public `i n'rarld for the State of Notary Public in and for the State of WashingtOt! residing in /0,,,,., residing at CORPORATE ACKNOWLEDGMENT NO.202 I w../"/�" ._,Z.,". �lfl./...�J./.l�.lf. ./lJl./,",C. �l. cl./-,•7 •/.././/I,/.l././.111.1f1./IJ./,/.1..•-,C /./.l�.11./J.11l././.�Ill./�' ..4 ll\1 State of CALIFORNIA On this the 17th day of April 19 84,before me, l r 11 $$. l •• County of SANTA CI�ARA Carol R. Froese the undersigned Notary Public,personally appeared John S. deRegt and Christiane A. Fowler M personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)who executed the within instrument as President \ and Secretary or on behalf of the corporation therein named,and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. % N s Signature `% lltl./✓1.1./�l././.lI✓././,Yt./✓!Jl./I1.1.1.11./I.�./l!�!./�I./!l!✓.rl./I!./.�1././l./1,11./!!l,/./l./l!✓.l./1.1.1./-�lr../l./Ir/% "!✓,�.1./lJ 7120 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364 i ATTACHMENT A 1 . PROPERTY OWNERS AND USERS AND FAIR SHARE APPORTIONMENT CHG @ 25% $ 19,425.75 WTC @ 20% $ 15,540.60 City of Renton $ 16,500.00 Renton Shopping Ctr. $ 4,201 .00 $ 55,667.35 • 2. DOCUMENTED PROJECT COST Plans, specifications and estimates $ 3,000.00 Contract Price $ 56,123.50 City incurred costs (advertising, award, execution, construction inspection, closure) $ 1 ,329.49 City supplied traffic signal controller $ 16,500.00 aD CD HDK $ 750.00 O O ESTIMATED TOTAL $ 77,702.99 GO :) Tr• 3. DAILY TRIP GENERATION CALCULATION . Based upon total development, Washington Technical Center will generate 14,230 trips per day . 50% of the trips will use 7th & Hardie - 7,115 trips per day . Washington Technical Center was assessed 20% of signal costs (per Hearing Examiner) 20% x 77,702.99 = $15,540.60 $15,540.60 7,115 trips per day each daily trip = $15,540.60 = $2.18/daily trip 7,115 trip/day 4. WASHINGTON TECHNICAL CENTER PLAT, PHASE II REIMBURSEMENT CALCULATION(1 ) . Washington Technical Center total developable area = 81 .5 acres . Phase I , Washington Technical Center total developable area = 28.5 acres . Phase II , Washington Technical Center total developable area = 53.0 acres . Portion of Washington Technical Center share in item #1 above to be paid by: Phase I of Washington Technical Center = 28.5 Acres = 35% of WTC 81 .5 Acres = 35% x $15,540.60 = $5,439.21 Phase II of Washington Technical Center = 53.0 Acres 65% of WTC 81 .5 Acres = 65% x $15,540.60 = $10,101 .39 FOOTNOTE (1 ) Washington Technical Center, Phase II property description. Lots 11 and 12, Tracts A and B of the Washington Technical Center plat, recorded under King County Recording #8211300925. The figures presented here are final project costs and revise the initial estimates for the project. . , , • • " 6 • Eila fat lecort at;equest ot I. 6 4164111 11.11P-47, 11111111)//f • - rA§3 . .