19-131 - City of SeaTac - Justice Center Frontage Improvements

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19-131 Council Approval 9/3/19 AGREEMENT BETWEEN THE CITY OF SEATAC AND THE CITY OF TUKWILA FOR FEE IN LIEU OF MITIGATION RELATED TO CONSTRUCTING FRONTAGE IMPROVEMENTS IN MILITARY ROAD SOUTH RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE TUKWILA JUSTICE CENTER 7lhis Agreement is between the City of SeaTac ("SEATAC") in King County, a municipal corporation, organized under the laws of the State of Washington, and the City of Tukwila ("TUKWILA") in King County, a municipal corporation, organized under the laws of the State of Washington, for fee in lieu of mitigation of constructing frontage improvements in Military Road South right-of-way for the development of the Tukwila justice Center project. RECITALS WHEREAS, TUKWILA owns or is in the process of acquiring the 15000 block of Tukwila International Boulevard, located in the City of Tukwila, County of King, State of Washington, for the purposed of constructing the Tukwila Justice Center; and WHEREAS, four of these parcels owned by TUKWILA, identified as King County Parcel Numbers 004100-0514, 004100-0516, 004100-0480, and 004100-0494 abut Military Road South, which is in the public right-of-way located in the SEATAC ("Abutting Property"); and WHEREAS, TUKWILA is making certain improvements in association with the development of the Tukwila Justice Center on the above -referenced property ("Proposed Development"); and WHEREAS, in connection with the Proposed Development and as a condition, TUKWILA is constructing certain frontage improvements, including curb, gutter, sidewalk, landscaping, street lighting, and surface water management infrastructure along Military Road South ("Frontage Improvements") at TUKWILA's cost; and WHEREAS, the construction of the Frontage Improvements is required to mitigate a direct impact that has been identified as a consequence of the Proposed Development; and WHEREAS, pursuant to RCW 82.02.020, TUKWILA desires to enter into a voluntary agreement with SEATAC, in which TUKWILA will make a one-time payment to SEATAC in lieu of constructing improvements needed to mitigate the direct impact of the Proposed Development ("Mitigation Payment"); and WHEREAS, SEATAC and TUKWILA agree that a one-time payment made by TUKWILA to SEATAC will be used to mitigate the Proposed Development's direct impacts on Military Road South; and WHEREAS, SEATAC agrees that once payment has been made to SEATAC, and the payment has been utilized to mitigate impacts on Military Road. South, TUKWILA will not be responsible for constructing Frontage Improvements along Military Road South adjacent to the Abutting Property; and SeaTacriukwila Fee in Lieu Agreement (September, 2019) Page 1