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HomeMy WebLinkAbout4195RESOLUTION NO. 4195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND BTH, LLC., TO ALLOW THE DEVELOPMENT OF THE "SUNNDALEN CONDOMINIUMS" PROJECT ON 104TH AVENUE SE AT GREEN RIVER ROAD WHEREAS, Auburn City Code Chapter 14.21 allows the CITY to consider entering into a development agreement in instances where a property owner has a property or a development plan that warrants consideration of alternatives in how the development should proceed and in what standards should be used because of unusual property characteristics or different development factors; and WHEREAS, BTH, LLC has requested the CITY consider approval of a development agreement to allow development of an 8.5 acre site with a 48 unit condominium project in lieu of development with a conventional single family detached residential subdivision; and WHEREAS, the proposed development agreement has been reviewed by the Public Works and Planning and Community Development Committees of the City Council; and WHEREAS, on June 18, 2007, the City Council conducted a duly noticed public hearing as required by Auburn City Code Section 14.21.050; and WHEREAS, the CITY hereby finds that the proposed development agreement is consistent with the following provisions of ACC 14.21: Resolution No. 4195 June 18, 2007 Page 1 1. Preservation of Natural Amenities. Preservation of desirable site characteristics such as open spaces and the protection of sensitive environmental features including steep slopes, mature trees, rivers, creeks, wetlands, lakes and scenic views. 2. Land Use Efficiencies. Provide efficient and effective use of land, open space and public facilities that result in lower development cost and make housing more affordable. 3. Improved Transitional Areas. Improve the sensitive development of transitional areas located between different land uses, environmentally sensitive areas, and along significant corridors within the city. 4. Implementation of the Comprehensive Plan. Provide development that is consistent with the goals and policies of the comprehensive plan. 5. Enhanced Design Features. Provide building and structural designs that complement surrounding land uses and their environment. Design standards should reflect quality site planning, landscaping and building architecture. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute a Development Agreement with BTH, LLC for the purposes of developing the Sunndalen Condominium project. A copy of said Resolution No. 4195 June 18, 2007 Page 2 Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of R B. LEWIS, MAYOR ATTEST: Da ielle E. Daskam, City Clerk Resolution No. 4195 June 18, 2007 Page 3 APPROVED AS TO FORM: 1 , ~ k A~bum ~tl~; ~erk ~ 20070801001278 CIty Of AUbUfn . PAGE001 OF 022 ~ 62.00 25 West Main St. e8ie2i2ee7 ia:ss KING COUNTY, WA Auburri, WA 98001 - - - RECORDER'S COVER SHEET . Document Title(s) (or transactions contained therein): 1. Development Agreemenf 6, Reference Number(s)_of Documents assigned or released: ❑Additiona( reference #'s on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name fitst) 1. BTH LLC Ucldocwr~.&-14s)~* iWd$w 2: Hansen, Kathrine reWd by Pwffic NormwestTMe as aooommodation onyr. tt has crot bam 3xmrMinwi as to proper wjoftn or 8s io its afecf npat fide. ~ Legal Description (abbreviated; i.e. lot, block, plat or section; township, range) Lots 12, 13,14 of CD Hillman's CD Auburndale Division. No. 1 Z Additional legal is on page 19 of the document. _ Assessor's Property Tax Parcel/Account Number: 3339400370 ❑ Assessor Tax # not yet assigned T 1 CITY OF AUBURN - BTH LLC DEVELOPMENT AGREEMENT T~ IS DEVELOPMENT AGREEMENT (the °Agreement°) is made and entered into as of the ~day of ~c.. , 2007 by and between BTH LLC, a limited liability corporation (referred o herein as the °Developer"); -and the CITY OF AUBURN, a State of Washington municipality (the uCity"), and Kathrine Hansen, legal owner of the property (referred to herein as the °Owner"). WITNESSETH: WHEREAS, Washington State law (RCW 36.70B.170-200) permits and allows local jurisdictions to enter into deyelopment agreements to address situations where conventional development requirements may not accommodate the development in a way that best serves the needs of the local jurisdiction and the development; and, WHEREAS, the City of Auburn adopted Chapfer 14.21 of the Auburn City Code to allow . the City to consider development agreements consistent with State law; and WHEREAS, the Developer desires to develop certain real property it is purchasing #rom Owner, as hereinafter described, for the construction and development of the project hereinafter described, in accordance with the development standards designated in this Agreement; and, WHEREAS, pursuant to the authority provided in Sections 36.70B.170-200 of the Revised Code of Washington (RC1l1) and Aubum City Code 14.21, the parties hereto have agreed to enter into this Agreement to set forth the terms and conditions of the development on the Properties in order to protect and more fully delineate such development rights; and, WHEREAS, in connection with the proposed Development, the Developer and the City recognize that the scope and term of the planned developments under this. Agreement accomplish #he statutory aims of comprehensive, orderly planning and development within the Sunndalen Development Agreement . June 18, 2007 Page 1 . City, thus providing benefits to the citizens and residents of the City exceeding any derogation from the City's zoning powers for the du"ration of the Project and provide public benefits through the donation and set-aside of those public facilities described and identified in this Agreement; and, WHEREAS, staff members of the City have reviewed the Development Standards provided for herein and concur that they are appropriate; and WHEREAS; pursuant to RCW 36.706.170-200 and Aubum City Code 14.21.050, a public hearing was.held on the 1day of June 2007; and WHEREAS, THE City Couneil has taken into account the public comment presented at the public hearing; and WHEREAS, this Development Agreement has been reviewed and approved by the City Council of the City of Auburn, which has determined that this Development Agreement appears to be in the bests inferests of the City of Auburn; NOW, THEREFORE, in consideration of the foregoing, the mutual covenants of the parties conta.ined herein, and pursuant to RCW 36.706.170-200 and Auburn City Code 14.28, J . . - . . THE PARTIES HERETO AGREE as follows: SECTION 1. DEFINEDTERMS ` Terms not otherwise defined herein have the meaning set forth in 36.70B.170 RCW, the provisions of which are incorporated herein by reference. SECTION 2. PURPOSE The Developer is under contract to purchase and develop certain real property owned by Kathrine Hansen, consisting of approximately 8.53 acres ofi land, more or less, located within the City, for the development of the Sunndalen Condominiums ("The ProjecY'), in accordance with the development regulations designated in this Agreement. Sunndalen Development Agreement _ June 18, 2007 Page 2 Pursuant to the Laws of the State of Washington, 36.70B170 RCW, and Auburn City Code 14.21, ttie parties hereto haye agreed to enter into this Agreement to set forth the terms and conditions of,the development of the Project, in order to set forth the development standards and other provisions that shall apply to and govem the development, use, and mitigation of the development of: the Project for the duration specified in this Agreement. The parties agree that this Agreement shaU be enforceable during its term by either party hereto. However; nothing contained herein shall require the Developer to proceed with the project, or prevent the Developer from discontinuing the project, at any time the Developer determines that for economic reasons, marketing reasons, or any other business related reason, Developer determines it is not in its best interest to proceed. In such event, the Developer shall notify the City in writing and all agreements made herein and all terms hereof shall terminate, the parties hereto shalf be released from all requirements hereunder, and the real property identified in Section 3 below shall be free from any encumbrances, requirements, or use restrictions arising from this Agreement. The Developer also desires to obtain from the City in connection with the development of #he Properties assurances (i) that the property is appropriately zoned, (ii) that upon receipt of its development and construction permits it may proceed with the development and construction of the Project, and (iii) that with entry into this Agreement, the development rights provided for herein will be vested for the duration of the Project, which the City does hereby agree to and guarantee for a period not to exceed ten (10) years from the date of execution of , this Agreement. The City further agrees to issue all permifs required, provided they are consistent with this Agreement. In connection with the proposed Project, Developer and the Cify recognize that the scope and term of the developments under this Agreement accomplish the statutory aims of comprehensive planning and orderly development within the City, thus providing benefits to the citizens and residents of the City exceeding any derogation from the City's zoning powers for ~ the duration of the Project, and provide public benefits through the construction of those public facilities described and identified in this Agreement. Sunndalen Development Agreement June 18; 2007 Page 3 SECTION 3. THE PROPERTIES °The Properties° consist of the parcel described in Exhibit A, which is hereto attached and incorporated herein by reference. SECTION 4. PARTIES The "City" is the City of Auburn, a State of Washington municipality, ' exercising governmental functions and powers pursuant to the laws of the Sfate of Washingfon and Aubum City Code. The principal office is Iocafed at 25 West Main Street, Aubum, Washington 98001- 4998. . ' The Developer, BTH, a Limited Liability Corporation, has its principal offices at 2106 Easf Main Street, Auburn, Washington 98002. Any reference hereafter to "Developer" shall be deemed to include all successors and/or assigns of BTH, LLC. SECTION 5. THE PROJECT The planned Projecf is the Sunndalen Condominiums, an age 55 and over development of 48 market rate condominium unifs distributed in eight (8) individual buildings. The Project will include the following #eatures: A. Eight three-story, 6-unit structures with parking provided under each building; B. A walking path along the perimeter of the property, including a gazebo for , homeowners to use; - C. Common grounds featuring a combination of natural and developed vegetation; D. A: boulevard site entrance and security gate; E. Natural wood perimeter fencing, no greater than 6 feet in height, constructed along the north and east property lines; , F. A minimum of finro parking stalls per dwelling unit provided in garages under each building; G. A minimum of one'visitors;parking stall per unit; H. Entry signage; 1. On-site detention pond; J. - Preserved buffers adjacent to a wetland located at the southwest comer of the property. Sunndalen Development Agreement ` June 18, 2007 Page 4 , SECTION 6. CERTAINTY OF DEVELOPMENT AGREEMENT 6.01 Development AQreement Deemed Controllinq. This Agreement, once recorded, including all of the exhibits attached hereto and incorporated by this reference, and any terms, condifions, maps, notes, references, or regulations which are a part of the Agreement, shall be considered enforceable elements of the Aubum City Code. In the case of an explicit conflict with any other proVisions of the Aubum City Code, or any other Aubum laws, rules or regulations; this Agreement shall take precedence., Unless otherwise addressed and referenced in this Agreement, the City's ordinances, resolutions, rules and regulations, and official policies goveming permitted land uses, density, design, improvement, and construction standards applied to this Project shall be those City ordinances, resolutions, rules and regulations, and ofFcial policies in force at the time of the execution of this Agreement. However, mutual execution of this Agreement constitutes acknowledgement and agreement by the City that the terms set forth herein meet all such regulations, etc. 6.02 Subseauent Actions. . No changes to the City's policies, rules or regulations occurring after entry into this Agreement shall change the terms hereof. However, this Agreement shall not prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies. 6.03 Chanaes in the Law. In the event that state or federal laws or regulations, enacted after this Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Agreement, and must be applied retroactively to this Project, such provisions of the Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations in accordance with the modfication procedures in Section 13. 6.04 Reserved Authority. Pursuant to RCW 36.706.170(4), the City reseryes its authority to impose new or different regulations to the extent required by a serious threat to public health or safety. . Sunndalen Development Agreement June 18; 2007 Page 5 . SECTION 7: COMPREHENSIVE PLAN The Project as proposed is in material compliance with the planning goals and objectives of the City, as set forth in the City of Auburn Comprehensive Plan adopted by City, as amended in December 2006: The project density: of 5.63 dwelling units per acre is consistent with the Plan designation of Single Family Residential. SECTION 8. APPROVED USES & STANDARDS FOR DEVELOPMENT 8:01 Permitted Uses. Permitted: uses for the planned Project are: A. Eight (8) six-unit condominium buildings, ; B. Walking trail and gazebo; C. Visitor parking lots; - D. Stormwater pond and associated facilities; E. Partial perimeter fencing; F. Landscaping and native vegetation areas; G. Entry signage. . 8.02 Building Neight. No structure shall exceed a height of 35 feet,.as;measured from the highest poiht of finish grade on the uphill side of a strucfure. Building structure height shall . otherwise be measured as defined in Auburn City Code. 8.03 Setbacks. Site development shall occur generally consistent with the site plan depicted in Exhibit B. No sfructure shall be located less than 26 feet to any property line. 8.04 Parkinca Provisions. A minimum of two parking sfalls per unit shall be provided underneath each building within a parking garage. A minimum of one visitor's parking stall per unit shall be provided on the site generally as depicted on the site plan. 8.06 Landscapinq. A landscaping plan shall be prepared as part of construction . drawings that incorporates the following features: Sunndalen Development Agreement : June 18, 2007 Page 6 • Wherever reasonably possible, the preservation of significant trees as defined in Auburn City Code; • Preservation of existing vegetation within the soufhern portion of the property and , in particular, within the required wetland buffer; • Plantings compatible with the sight distance easement along the northwest portion of the property. 8.06 SiQns. A community entrance sign may be placed near the entrance to the sife. -The sign shall be constructed of wood with natural stone accents, shall not exceed 32 sq. ft. in ; area, 10 ft. in height and shall not violate sight distance friangles as required by City of Auburn development standards. 8.07 Public Facilities/Infrastructure. The following types of public facilities and infrastructure will service the Project: domestic water, sewer, storm water system, road and related improvements, and other eligible components, set forth as follows: ' A. Off-Site Sanitary Sewer: installation of an 8 inch diameter line, eutended to site from 100th Avenue.S.E., up the Green'River Road to the site, dedicated to City. The line shall not extend beyond the connection to the project~, however, the developer agrees to be responsible for their frontage share of the cost should #he sewer be extended by a future development for a period of 10 years. ` B. On-Site SanitarySewer: constructed by Developer and dedicated to the City, with . necessary easements for City access and maintenance. C. Water: connection to the'existing water line on 100 Ave SE, to enter the site at the boulevard entrance and_tie back into 100 Ave. SE to provide a loop. The line will be dedicated to the City upon completion, along with the necessary easements for City access and maintenance. • D. Storm infiltration system: Storm pond will be constructed to accommodate storm detention„per City standards: The future Homeowners' Association shall maintain the pond and outflow drainage pipe. E. Offsite modified road improvements: i) construction of a southbound left tum lane in 100 for vehicles entering the site; ii) providing a school bus turnout on 100 at the Sunndalen Development Agreement June 18, 2007 . Page 7 ~ norkheast quadrant of the site access intersection; iii) providing a 10 ft. wide shoulder on the easYside of 104f' north of the site entrance; iv) Taper lane (no curb or gutter) on the east side of 100 south of the site entrance (all coad widening will occur on the east side of the street); v) restriping 104"' will include 11 ft. wide north- and south- bound through lanes, plus the 12 ft. wide southbound turn lane mentioned in #1 above; vi) installation of street lighting along the property frontage and also at the east side of the intersection of 104~' and Green River Road; vii) deferral of half-street improvements south of the boulevard entrance. F. Onsite driveway grades shall not exceed 15% slope. G. All site improvements shall occur is substantial conformance with the preliminary civil engineering plans for the above-described infrastructure drafted by Taylor Engineering Consultants, dated March 9, 2007. A copy of said plans are on file with the Cify. In the . event of any conflict or discrepancy between said plans and the provisions of this Development Agreement, this Agreement shall prevail. 8.08 Developer's Obli4ations., Nothing in this Secfion shall be deemed to alter the obligation of the Developer to obfain all building permits necessary before the commencement of each phase of the development of each of the Properties. However, no additional applications shall be required for deviations or deferrals related to or in furtherance of the Development Standards agreed to herein. SECTION 9. ENVIRONMENTAL PROCEDURE This Agreement is a project as defined by the. Wash'ingfon State Environmental Policy Act (SEPA). A Mitigated Determination of Non-Significance was issued on April 16, 2007 in compliance with the EnvironmentaF procedures as outlined in the City of Aubum City Code, Chapter 16.06 and is attached hereto as Exhibit °C°. SECTION 10. DEVELOPMENT PHASES/ PERMIT & IMPACT FEES Construction of the planned Project shall commence with construction of the infrastructure, followed by building construction and on-site improvements on a per phase: basis. Full construction shall be completed in phases based upon sales. This Agreement shall be valid and Sunndalen Development Agreement June 18, 2007 Page 8 ~ enforceable, and vest in the Developer all rights granted hereunder, for a period of ten (10) years from the date of execution. Construction will be completed in 4 phases. Enclosed as Exhibif "D" is a"site map detailing each phase, which map is incorporated by this reference. The timing of consfruction of each phase will be determined. by market and sales conditions. However; nothing contained in Section 10 shall preclude any of the phases from commencing simultaneously. 1) Phase 1 includes all offsite improvements, including: _ i) Road improvements, including storm drainage improvements ii) Sanitary sewer extension to site iii) Electrical and other, utilities to site iv) Installafion of five Street lights on 100 Ave. SE adjacent to project. 2) Phase 2 includes on-site improvements necessary for construction of, buildings 1, 2 and 3 as follows: i) Grading and excavation ii) Entrance improvements iii) Landscape construction iv) Private road construction v) Water, storm and sanitary sewer and elecfrical service to buildings 1, 2 and 3 vi) Construction of buildings 1, 2 and 3. vii) Detention pond development 3) Phase 3 includes on-site improvements necessary for construction of buildings 4& 5 as follows: J) Extension of private road to buildings 4 and 5 ii) Extension of wafer, storm, sanitary sewer, and electrical service to buildings 4 and 5 iii) Landscape improvements iv) Construction of buildings 4 and 5 4) Phase 4 includes on-site improvements necessary for construction of buildings 6, 7 and 8 as follows: i) Extension of private road fo buildings 6, 7, and 8 ii) Extension of water, storm, sanitary sewer, and electrical service to buildings 6, 7 and 8 iii) Landscape improvementsfo pfiase 4 site Sunndalen Development Agreement , June 18; 2007 Page 9 iv) Construction of buildings 6, 7 and 8 - SECTION 11. IMPACT FEES The impact fees for .this project, were determined using the °55 and over° ctassification of housing. The following fees will be paid based on 48 units: Traffic Mitigation: According to the City of Aubum fee schedule, page 16, for senior housing Parks: 48 units at $3,500/unit = $168,000 Valley Regional Fire Authoriiy: 48 units at $306.47/unit =$14,711 School Impact fees: Not applicable for age 55 and older classification Impact fees shall be paid by the developer.for each unit at time of issuance of the building permit for that unit. SECTION 12. FUTURE HOMEOWNERS' ASSOCIATION The Developer will establish a Homeowners' Association (HOA) for the purposes of long-term management of common areas and facilities within the Project. The Developer also will establish Covenants, Conditions and Restrictions (CC&Rs) to guide the management of these common areas. The City shall review and approve the proposed CC&Rs prior to recording to ensure they provide adequate provisions for the maintenance of common areas and facilities, including the proposed storm_drainage system, and the City shall review and approve all future amendments to the CC&Rs. Failure of the HOA to provide adequate maintenance of the storm drainage system will result in enforcement action pursuant to Aubum City Code 13.48.440.A. SECTION 13. GOVERNMENT APPROVALS Should the Developer at any time require the approval of any govemmenfal body or board, other than the City, whether ofi county, regional, state, or federal jurisdiction, the Developer shall bear the sole cost and responsibilify for obtaining the approvaL The City, upon , Sunndalen Development Agreemenf June 18, 2007 Page 10 , request by the Developer, shall lend ifs full cooperation and affirmative support, unless such cooperation and support would compromise other responsibilities of the City. SECTION 14. PUBLIC NOTICE AND HEARINGS The City represents and warrants that it has conducted at least one public hearing and has published notice of intent to consider this Agreement in accordance with the requiremenfs , of RCW 36.706.200 and Auburn Cify Code 14.21.050. SECTION 15. AMENDMENT OR MODIFICATION 15.1 This Agreement may be amended or modified in accordance with the requirements of RCW 36.70B.170-200, and other applicable laws, rules or regulations, upon mutual consent of the parties, which mutual consent shall be evidenced by a written agreement therefore, signed by the parties hereta 15.2 The Planning Director may interpret the words and meanings of this agreement in order to resolve conflicts in interpretation. However, such interpretations shall be subject to legal action for further interpretation in accordance with Section 18.14. 15.3 Pursuant. to Auburn City Code 14.18.090, minor adjustments may be made and approved by the Planning Director. Minor adjustments are those which do not violate the terms of the development agreement. Major adjustments are those which, when determined by the Planning Director, violate the terms of the development agreement. When the Planning Director determines a change constifutes a major adjustment, an amendment to the development agreement is required and the process is the same as a new application. SECTION 16. PERIODIC REVIEW . This Agreement may be reviewed by the Cify periodically, at which review the Developer, or successor in interest thereto, may be required to demonstrate good faith compliance with this Agreement. Sunndalen Development Agreement June 18, 2007 - Page 11 The body to conduct sach review shall be the Planning and Community.Development Committee,ofthe Auburn City CounciL SECTION 17. RESULTS OF PERIODIC REVIEW 17.01. If the Planning and Community Development Committee has reason to believe that the Developer may not be complying with the terms of this agreement, written notice specifying the non-compliance shall be given to the Developer and the Developer shall have thirty (30) days to bring the project into compliance. 17.02 Public HearinQ. If the Planning and. Community Development Comrnittee (PCDC) has reason to believe that the Developer has not brought the project into compliance after such written. notice, the Planning and Community Development Committee may, conduct a public hearing at which time the Developer must demonstrate good faith compliance with the terms of this Agreement:. The burden on this issue is upon the Developer. The PCDC shall determine upon the basis of substantial eyidence whether or not the Developer has, for the period under review, complied in food faith with the terms and conditions of this Agreement. 17.03 Compliance: If the. Planning and Community Development Committee finds and detecmines on the basis of substantial evidence that the Developer has complied in good faith with the terms and conditions of this Agreement during the period under review, no further action is required, except to forward their findings to the City Council. However, if it is deterrnined on the basis of substantial evidence that the Developer has not complied in good faith with the terms and conditions ofi this Agreement during the period of. review, the City Council may order the Project halted until such time as the Developer brings it into compliance - with the terms hereof. 18. GENERAL PROVISIONS 48.01 Notices, Demands and Communications. Formal notices, demands and communications between the City and the Developer shall be sufficiently given if and shall not Sunndalen Development Agreement June 18, 2007 Page 12 be deemed given unless dispatched by, certified mail, postage prepaid, returned receipt requested, ;or delivered personally; to the principal offices of the City and the Developer as follows: city Develoqer Mayor BTH, LLC Cify of Aubum Go W. Jay Thorp 26 West Main Street 2106 East Main Street - Aubum, Washington 98001-4998 Aubum, Washington 98002 18.02 Service of Process. All services of proce5s shall be effective if served in person or through substitution on those individuals designated for acceptance of other communication pursuant to Section 10.01. 18.03 Conflict of Interests. No member, official or employee of the City shall make any decision relating.to the Agreement which affects his or her personal interests or the interests of any corporation, partner5hip or;association in which he or she is directly or indirectly interested. The Developer warrants that it has not paid or given, and shall not pay or give, any third person any money or consideration for obtaining this Agreement. 18.04 Non-Liabilitv of Citv. Officials. Emplovees, and .AQents. No member, official, employee or agent of the City of Aubum shall be personally liable to fhe Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer oc successor or on any obligation under the terms of this Agreement. 18.05 Plans and Data: If the Developer defaults or fails to comply with the requirements hereof, and the default or failure is not properly cured afCer a hearing held in accordance with paragraph 15.02 hereof, , the Developer shall deliver to the City's Mayor any . and all plans and data conceming any proposed public improvements pursuant to this Agreement which shall thereafter be the property of the City at no additional cost to the City. Sunndalen Development Agreement June 18, 2007 Page 13 . 18.06 Provisions Not Merqed with Deeds. None of the provisions of this Agreement are intended to or shall be merged by tfie Statutory Warranty Deeds of the Property. 18:07 Title of Parts and Sections: Any titles of the Parts, Sections or Subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any part qf_ its provisions. 18.08 Hold Harmless: The Developer shall indemnify and hold harmless the City and their officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature wtiatsoever, by any reason of or arising out of the negligent act or omission of the Developer, its officers, agents, employees, or any of them relating to or. arising out of the performance of fliis Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any,of them, or jointly against the City and the Developer and theirrespective officers, agents and employees, or any of them, the Developer shall satisfy the same to the extent that such judgment was due to the Developer's negligent acts or omissions. 18.09` Enforcement, Riahts and Remedies Cumulative. This Agceement shall be enforceable by the City, applicant, or successor-in-interest notwithstanding any change in any applicable general or specific plan,,zoning, subdivision, or building regulation adopted by the . City which alters or amends the rules, regulations, or policies specified in this Agreement. ' Enforcement may ;be through any remedy or enforcement method:or process, or combination thereof, allowed under: law and/or equity. Except as otherwise stated in this Agreement, the rights and remedies of the Parties are cumulative, and the exercise or#ailure to exercise one or more of these rights_ or remedies by either party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for tfie same default or any other default by the other party. 18.10 RiQht of Entrv. During,the life of this Agreement and until all improvements required under this Agreement to be completed are completed„ the Developer shall grant to the Sunndalen Development Agreement ' June 18; 2007 Page 14 City, its agents, employees and representatives the right of entry on to .the Property during normal business hours. , 18.11 Real Estate Commissions. Neither party shall be responsible to the other for any real,estate commissions or brokerage fees which may arise from this Agreement or othervvise be incurred by the other party. 18:12 Apalicable Law. This Agreement shall be interprefed under and pursuant to the . laws of the State of Washington. Venue for any legal action brought hereunder shall be in King Coun_ty Superior Court. 18.13 Severabilitv. If any term, provision, covenant or condition of. this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially - altered or abridged by such invalidation, voiding or unenforceability. 18.14 Legal Actions. Jn the event any legal action is commenced to interpret or to enforce the terms of this Agreement, or to collect damages as a result of any breach of the Agreement, the party prevailing in any such action shall be entitled to recover against the party not prevailing all reasonable attomey fees and costs incurred in the action. 18.15 Bindinp Upon Successors. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest and assigns of each of the parties hereto except that there shall be no transfer of. any interest to any of the parties hereto except pursuant :fo the terms ofi this Agreement. Any reference in this Agreement to a specifically named party shall be deemed to apply to a.ny successor heir, administrator, executor or assign of,such party, who has acquired an interest in compliance with the terms of this Agreement, or under law. ~ Sunndalen Development Agreement June 18, 2007 Page 15 . . . , . . 18.16 Parties Not Co-venfures. Nothing in this Agreement is intended to or does establish the parties as partners, co-venturers, or principal and agent with one another, nor employees and/or employers of each other. 18.17 Warranties. The City expresses no wamanty or other representation to the " Developer other than those expressed within this Agreemerrt, as to fdness or condition of the Property. ✓ 18.18 Reasonable Aqprovals. The approval of a party of any documentation or submissions herein called for shall not be unreasonably withheld unless the text clearly indicates a different standard. All such approvals shall be given or denied in a timely and expeditious fashion. 18.19 Recordation. Wkhin 10 days after the effective date of this Agreement, or any modification or the cancellation thereof, the City Clerk shall have this Agreement, the modffication or cancel lationnotice recorded with the County Recorder of King County. 18.20 Execution of Other pocumentation. The City and the Developer agree to execute any further documentation that may be necessary to carry out the intent and obligations under this Agreement. 18.21 Complete Understandinq of the Parties. This Agreement is executed in two (2) duplicate originals, each of whicli is deemed to be an original. This Agreement consists ofi 16 , pages and four attached Exhibits and constitutes the entire understanding and agreement of tfie parties. Sunndalen Development Agreement June 18, 2007 Page 16 DATED this ~ day ofi - 2007. ~ , CITY OF AUBURN DEVELOPER- BTH, LLC . ~ . ) Peter B. Le s W. J Th rp = Member Dated: JUN 118 2001 - P ' ip . Birk - Member ~ G2~ ouglas `L o son - Member DarNsUe Daskam, Gity Clerk Appr d s t orm: D' I B. Hei City Attomey Sunndalen Development Agreement June 18, 2007 Page 17 EXHIBIT A Legal Description of Property Lots 12; 13, and 14 of C.D. Hillman's CD Auburndale Division No. 1, Iess 104th Avenue SE and that portion lying westerly of 104th Avenue SE; , $unndalen Developmenf Agreement June 18, 2007 Page 18 ~ I 14DDIFIED F'OR RDCORDING PURPOSFS ElNU UUUU U ~ , . ; j ,f , , ~ ~ j ~ I / ` ~ ~ \ \ I o ol ' I ~ ; I j I • ~ ~ ~ ~ ~ i . - - ~ i ~ , ~ ~ ~ . o ao so I SUNNDALEN SITE PLAN SCALE: 1"=80' SCALE: 1" = 80 ft. I E,1,T.Y OF ~~~w*EXHIBIT C Peter B. Lewis, Mcryor WXW~AASHINGTON 25 H►est Main Street * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000 FINAL MITIGATED DETERMINATION OF NONSIGNFICANCE SEP06-0038 DESCRIPTION OF PROPOSAL: Development Agreement to allow the construction of a 48 unit condominium project in 8 separate structures on an approx. 8.0 acre site, known as °Sunndalen Condominiums." PROPONENT: Jay Thorp LOCATION: Northeast corner of Green River Road and 104"' Ave. SE_ LEAD AGENCY: City of Aubum MITIGATION MEASURES: - 1. In order to facilitate future maintenance access, water and sanitary sewer facility strudures shatl not be located on steeply graded intemal roadsldriveways. 2. Due to the steep slopes on the site, geotechnical engineering reports shall be required for each buildmg at tfie time of building permit application. The lead agency for this proposal has determined that it does not have a probable signficant adverse impact on the environment M environmerrtal impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This deasion was made after review of a completed environmental checkfst and other information on fli e with the lead agency. This information is available to the public on request. ' RESPONSIBLE OFFICIAL: David Osaki, AICP POSITION/TITLE: Interim Director of Planning, Building and Communrty DevelopmeM ADDRESS: 25 West Main Street Aubum, WA 98001 (253) 931-3090 DATE ISSUED: Mav 7. 2007 SIGNATURE•`~~ ~ Note: This determination does not constitute approval of the proposal. Approval of the proposal cart only be made by the legistative or administrative body vested with that . authority. The proposal is required to meet all applicable regulations. Any person aggrieved of thls final determination may file an appeal with the Auburn City Clerk within 21 days of the date of issuance of this notice. All appeals of the above determination must be filed by 5:00 P.M. ort Mav 29. 2007 with repuired fee. AUBURN * MORE THAN YOU IMAGINED INEDIFIED FOR RECORDING ~~~~ff -D • PTRPOSES - - - - ~ ~ ~ - - - - - - i ~ ~V i ~ o > CA ~ ,r- ~ ~ ~ ~ I I ` i- - - - - N - - o ao eo ~ SUNNDALEN SITE PLAN SCALE: 1"=80' SCALE: 1" = 80 ft.