HomeMy WebLinkAbout1138RESOLUTION NO. //38" •
A RESOLUTION of the City Council of the
City of Kent, Washington, regarding a traffic
agreement between the City and Centex Homes
Corporation for the development of "Tudor
Square".
WHEREAS, Centex Homes Corporation (hereinafter
"Developer") has received certain preliminary plat approval from
King county for the development of a subdivision; and
WHEREAS, a condition of the County's preliminary plat
approval requires the Developer to contribute a fair share to the
cost of signal improvements at the intersection of Kent-Kangley
Roa6 with 108th Ave. S.E.; and
WHEREAS, the installation of the signal improvements at
this intersection falls under the City's jurisdiction; and
WHEREAS, the county has instructed the Developer to
resolve the signal improvement commitment condition with the City;
and
WHEREAS, the City and the Developer have determined the
Developer's share of financial responsibility for the signal
improvements and agreed to an optional use of said monies for
traffic improvement; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City and the Developer shall enter into a
traffic agreement for certain traffic improvements upon the
following conditions:
A. The Developer shall submit to the City not less than
$22,645.00 (United States Currency) within thirty
(30) days after execution of the Agreement.
B. Upon receipt of said monies by the City, the
Developer will have satisfied the County's
preliminary plat requirement pertaining to
contributing a fair share to the cost of the signal
improvements at the intersection of Kent-Kangley
Road with 108th Avenue S.E. and the City will notify
the County in writing of same.
c. At the City's discretion, the City can use the
monies received for either the signal improvements
noted in condition B or for the implementation of
the s. 272nd/277th Corridor Project for right of way
acquisition, engineering design or studies,
construction or other related matters.
D. If, by any reason of any default or breach on the
part of either party in the performance of any of
the provisions of the Agreement, a legal action is
instituted, the party not prevailing agrees to pay
all reasonable costs and attorney fees in connection
therewith. The venue of any legal action brought
under the terms of the agreement shall be in King
County, Washington.
E. The agreement shall be binding upon the heirs,
successors, assigns and all other parties legally
empowered with signatory rights of any or all of the
parties to the agreement.
F. Should any term, provision, condition or other
portion of the Agreement be held to be inoperative,
invalid, or void, the same shall not affect any
other term, provision, condition or other portion of
the Agreement; and the remainder of the Agreement
shall be effective as if such term, provision,
condition or portion had not been contained in the
agreement.
Passed at a regular
City of Kent, Washington this
day of
Concurred in by the
";;;;: r , 1987. .._....,__
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ATTEST:
MARIE JEN , CITY CLERK
APPROVED AS TO FORM:
~A~il ANA DRiScoLL/ffiifNE Y
I hereby certify that this is a true and correct copy of
Resolution No. /1~2f , passed by the City Council of the City of
Kent, Washington, the ;5 day of ~ -, 1987.
~---=z__ . .. ~ . '-z"~ ,.__""~/ (SEAL)
MARIE SEN, CITY CLERK
04880-170
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Jun 29,87 09:25 HILLIS, CAIRIJCROSS
EXHIBIT "A"
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT, made and entered into this ~~
day of June, 1987, by and between THE QUADRANT CORPORATION, a
Washington corporation (11 Quadrant 11 herein), and THE CITY OF
KENT, a municipal corporation organized and existing under the
laws of the State of Washington (11 the City" herein).
RECITALS
P.02
A. Quadrant has proposed development of The Park at Lake
Morton, a residential subdivision of 555 acres, more or less,
lying south of covington-Sawyer Road, east of l96th Avenue S.E.,
west of 212th Avenue S.E. (if extended), and north of S.E. 3n4th
street (if extended), in unincorporated King County, Washington.
B. The city is concerned about the impact of traffic to
and from The Park at Lake Morton on roads and streets within the
City of Kent and has argued that King County, as a condition of
subdivision approval, should require Quadrant to pay a pro-
rata share of the cost of construction of a new south
272nd/South 277th road corridor. The King County Zoning and
Subdivision Examiner, in Building and Land Development File
Nos. 1286-21 and 206-86-R, has rejected the City's position and
has not required Quadrant to pay monies to the city to mitigate
impacts on roads and streets in the City of Kent. The city has
appealed the Zoning and Subdivision Examiner's Report and
Recommendation to the King County Council.
c. While Quadrant continues to maintain that it has no
legal obligation to pay such monies to the city, and while the
City continues to maintain that Quadrant does have such a legal
obligation, both parties recognize the uncertainty of the land
use appeals process and the desirability of reaching an amicable
settlement of the dispute between them regarding payment of
monies to mitigate impacts on roads and streets. Accordingly,
the parties now wish to enter into a full and complete
settlement of this issue on the terms and conditions herein
stated.
NOW, THEREFORE, in consideration of the mutual agreements
contained herein, as well as other valuable consideration,
receipt of which is hereby acknowledged, the parties hereby
agree as follows:
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J.,u n 2 ~ , 8 7 0 9 : 2 G H I L L I S , C A I :'. l; •:: R 0 S S
P.O~
AGREEMENTS
1. Contribution to Traffic Impact Mitigation;
(a) Quadrant agrees to pay to the order of the City a
sum equal to Quadrant's proportional share of the cost of
installation of revised traffic signalization and of street
widening at the intersection of S,E. 256th Street ar.d 104th
Avenue S.E. within the City of Kent ("the Intersection 11
), such
sum to be applied by the City solely toward either (i) the
design, construction, and installation of such improvements at
the Intersection or (ii) the design and constructior. of a new
east-west street in the vicinity of S.E. 272nd and s.E. 277th
Streets.
(b) Quadrant's proportionate share, to be paid as
agreed to in subparagraph (a) above, shall be the sum calculated
as follows: the number fourteen (14) (being the nunber of P.M.
peak-hour eastbound trips through the Intersection projected to
be generated by The Park at Lake Morton, as estimated in the
February 1987 supplemental traffic analysis prepared by William
E. Popp, P.E., for The Park at Lake Morton) multiplied by One
Thousand sixty-Eight Dollars ($1,068) (i.e., the city's estimate
of the cost per P.M.-peak-hour trip of improving the
Intersection as contemplated in subparagraph (a) above),
equalling the total sum of Fourteen Thousand Nine Hundred Fifty-
Two Dollars ($14,952.00),
(c) Such sum, without interest, shall be paid by
Quadrant to the city's Director of Public Works within one (1)
year of the date of this Agreement.
(d) such sum shall be held and eXpended by the City
in conformance with the provisions of RCW 82.02,020, governing
payments by developers to cities pursuant to voluntary
agreements for the funding of capital improvements agreed upon
by the parties to mitigate identified, direct impacts, and the
holding and expenditure of such funds by cities, including the
refunding of such sums to developers if not expended within five
years of collection.
2. Dismissal of Appeal and settlement of claims.
(a) The City agrees that, immediately after execution
of this Agreement by both parties, the City shall withdraw
and/or dismiss with prejudice its pending appeal to the King
County Council of the Zoning and subdivision Examiner's Report
and Recommendation in Building and Land Development File Nos.
1286-21 and 206-86-R (regarding The Park at Lake Morton).
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:~n 29,87 09:27 HILLIS, CAIRNCROSS
P.04
(b) The City further agrees that it shall make no
further application, request, or demand of any kind or nature of
Quadrant, or of its successors or assigns to ownership of The
Park at Lake Morton, or of King County or any other governmental
entity with jurisdiction over The Park at Lake Morton, for the
payment of any further funds or the performance or non-
performance of any further act, by Quadrant or its successors or
assigns, in connection with, on account of, or arising out of
the residential development of the plat of The Park at Lake
Morton as proposed in Building and Land Development File Nos.
1286-21 and 206-86-R, or as the same may hereafter be revised;
and the city hereby expressly waives any right to do so.
(c) The city further agrees that it shall not, either
directly or indirectly, oppose or contest any further permits or
approvals sought by Quadrant or its successors or assigns in
connection with development of The Park at Lake Morton, and that
this Agreement constitutes a full and complete settlement and
accord and satisfaction of any and all clai~s or causes of
action by the City against Quadrant in connection with
development of The Park at Lake'Morton.
3. Notice. Any notice, demand, or request ("Notice"
herein) permitted or required by this Agreement shall be in
writing and shall be delivered personally or transmitted via
United States Mail, first-class postage prepaid, and shall be
deemed given when actually received. such notices shall be
addressed as follows:
If to Quadrant:
With a copy to:
The Quadrant Corporation
P.o. Box 130
Bellevue, WA 98009
Attention: John c. Spangenberg
Richard R. Wilson
Hillis, Cairncross, Clark &
Martin, P.s.
500 Galland Building
1221 Second Avenue
Seattle, WA 98101
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~un 29,87 09:28 HILLIS, CAIRNCROSS
If to the City:
With a copy to:
Public Works Department
City of Kent
220 -4th Ave. s.
Kent, WA 99032-5895
Attention: Don E. Wickstrom, P.E.,
Director of Public Works
Bill H. Williamson
Assistant City Attorney
city of Kent
220 -4th Ave. s.
Kent, WA 98032-5895
P.OS
4. R~medies. In case of a default by a party in any of
its obligations contained herein, the non-defaulting party shall
be entitled to bring an action for damages, specific
performance, or any other remedy afforded at law or in equity.
The prevailing party in any such action shall be entitled to
recover its reasonable costs and attorneys fees, including those
incurred in any appeal from the judgment of a lower court.
5. Miscellaneous. Time is of the essence of this
Agreement and of every provision hereof. This Agreement
represents the entire agreement between the parties with respect
to the subject matter hereof, and there are no other express or
implied agreements, oral or written, between the parties. The
provisions of this Agreement shall inure to the benefit of and
be binding upon the successors and assigns of the parties
hereto. This Agreement shall be construed in accordance with
and under the laws of the State of Washington. ·The persons
executing this Agreement on behalf of the respective parties
hereby represent and warrant that they are authorized to enter
into this Agreement on the terms and conditions herein stated.
This Agreement may be amended only in writing signed by both of
the parties. This Agreement may be executed in counterparts,
each of which shall be deemed an original as if signed by both
parties.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first above written,
THE QUADRANT CORPORATION
By'#!#~
J~n 29,87 09:28 HILLIS, CAIRNCROSS P.OS
OF KENT {~·.Q.fCu._,~
By
Attest:
.----~ .
City c~b/:z-~
Approved as to form:
~1/:kl~ Bill 'H. Williamson
Assistant City Attorney
006326,Ml06