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HomeMy WebLinkAboutCOW 2009-09-28 COMPLETE AGENDA PACKETMonday, September 28, 2009, 7:00 PM Tukwila City Hall; Council Chambers 1. CALL TO ORDER PLEDGE OF ALLEGIANCE Tukwila Elementary Students 2. SPECIAL Update on Tukwila Pantry; Joe Tice, Executive Director. PRESENTATIONS Duwamish Tribe Update; Cecile Hansen, Tribal Chairwoman. 3. PROCLAMATIONS/ Proclamation declaring September 28, 2009 as "Tuk wila's First Nation Day." Pg.1 APPOINTMENTS 4. CITIZEN At this time, you are invited to comment on items not included on this agenda COMMENT (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. An ordinance amending various ordinances as codified at various chapters of Tukwila Pg.3 Municipal Code Title 8, Title 17 and Title 18, to clarify and update the Zoning Code. a. An ordinance amending various ordinances as codified at various chapters of Pg.3 Tukwila Municipal Code Title 8, Title 17 and Title 18, to clarify and update the Zoning Code. b. Update on latest developments regarding potential flooding due to issues regarding Pg.85 the Howard Hanson Dam. c. A resolution authorizing the cancellation of outstanding claims. Pg.87 d. A resolution opposing Initiative 1033. Title of I -1033: "This measure would limit Pg.97 growth of certain state, county and city revenue to annual inflation and population growth, not including voter approved revenue increases. Revenue collected above the limit would reduce property tax levies." It will be presented to the voters at the general election on November 3, 2009. Public comments will be accepted. e. An ordinance establishing new regulations regarding water and sewer bill leak Pg.109 adjustments and adoption by reference of a Utility Leak Adjustment Policy. f. A lease agreement for Seattle Southside Visitor Services Center to be located at 3100 Pg.121 South 176th Street in SeaTac. Authorize the Mayor to sign the Tukwila South Escrow Agreement between Bank Pg.177 of New York Mellon, La Pianta LLC and the City of Tukwila to implement Section 4.8.4.6 of the Tukwila South Development Agreement. h. Authorize the Mayor to sign an amendment to Contract 04- 025(H) with David Pg.219 Evans Associates (DEA) to complete the 10% remaining design work for the Southcenter Parkway Extension. a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 8. MISCELLANEOUS 5. PUBLIC HEARINGS 6. SPECIAL ISSUES 7. REPORTS g. Tukwila City Council Agenda COMMITTEE OF THE WHOLE Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder Rhonda Berry, City Administrator Dennis Robertson Verna Griffin Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. WHEREAS, the City of Tukwila has a rich and vibrant history dating back to the time when the Duwamish people dwelled as early inhabitants of the lands marked by the Green, Black, and Duwamish Rivers; and WHEREAS, the name "Tukwila," meaning "Land Where Hazelnuts Grow," was originated and inspired by Duwamish native culture; and WHEREAS, Tukwila is a place of cultural diversity that appreciates and respects the heritage and traditions of our First Nation's people; and WHEREAS, the Duwamish Tribe has entered into a treaty with the United States Government awaiting the recognition that this covenant be restored; and WHEREAS, the Duwamish Tribe played an important role in establishing areas within Tukwila where the Chief of the Tribe, Si ahl, otherwise known to us as Chief Seattle, did befriend the settler Joseph Foster, who is known as the father of Tukwila; and WHEREAS, the City of Tukwila, in the spirit of honor and friendship during their centennial year participated in a celebration to support justice to the Duwamish people and respect their efforts of recognition and restoration; NOW, THEREFORE, I, Mayor Jim Haggerton, Mayor of the City of Tukwila, do hereby proclaim September 28, 2009 as: Office of the Mayor Tukwila, Washington Tukwila's First Nation Day SIGNED THIS cZ (o U DAY OF »CIC 2009. PROCLAMATION /Jim Hagger ayor of Tukwila CAS N LIMB! .R: AO UND, hrl :nl TrrI,I; 2009 Housekeeping Code Amendments CA'I'I GoltY Discussion Motion I Resolution Ordinance n Bid Award Public Hearing Other Altg Date 09/28/09 Aitg Date 11Itg Date 114tg Date 10/5/09 11Itg Date Altg Date 09/28/09 Aft Date Si C )NS(R Council n Mayor Adtn Svcs DCD n Finance Fire Legal P &R Police PW SPONSOR'S The Council is being asked to consider some housekeeping code changes to the Tukwila SU \IM,\RY Municipal Code. The proposed code changes range from code clarification to updating development regulations and permit processes. The Council is being asked to hold a public hearing on 9/28/09 and schedule the adoption of the proposed changes on 10/5/09. RI.1VII'NOM BY Fund Source: Comments: ENPI?NDrI vRI: R1 :QuFRED MTG. DATE 9/28/09 09 1 3 COW Mtg. Utilities Cmte COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review Council review 09/28/09 JP 1 A I A o/1, 10/05/09 JP 1 I r 1 I I 1 I ITEM INFORMATION ORIGINALAGI;ND,\ D;\1'I?: SEPTEMBER 28, 2009 CA &P Cmte Arts Comm. F &S Cmte Parks Comm. n Transportation Cmte f I Planning Comm. DATE: 05/11/09; 07/27/09; 09/14/09 RECOMMENDATIONS: SP()NS()R /ADMIN. Department of Community Development CommITllr,E Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ITEM No. MTG. DATE 1 ATTACHMENTS 09/28/09 Informational Memorandum dated 09/23/09 (amended after CAP to reflect change in section numbers after ordinance was finalized) Ordinance in Draft Form Minutes from the Planning Commission meetings 06/25/09 and 08/27/09 Minutes from the Community Affairs and Parks Committee meeting of 09/14/09 TO: BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Jack Pace, Community Development Director DATE: September 23, 2009 SUBJECT: 2009 Housekeeping Code Amendments ISSUE Jim Haggerton, Mayor Should the Tukwila Municipal Code be amended to include some housekeeping code changes that range from code clarification to updating development regulations and permit processes? Staff had briefed Community Affairs and Parks Committee on May 11, 2009, regarding a number of housekeeping code amendments. The Committee decided to forward the proposed amendments to Planning Commission for consideration and review. Planning Commission was briefed on the proposed amendments on June 25, 2009. A couple of additional items were added to the list after briefing the Committee on July 27, 2009. Planning Commission held a public hearing on all the proposed changes on August 27, 2009 and their recommendations are reflected in the attached ordinance. On September 14, 2009, the Community Affairs and Parks Committee was briefed on the recommendations of the Planning Commission. The draft ordinance reviewed at CAP meeting had grouped code amendments per each chapter of the Zoning Code. The ordinance attached to this memo has more sections with one section for each section of the amended code. DISCUSSION OF THE PROPOSED CHANGES Listed below is the summary of the proposed changes that have been incorporated in the attached draft ordinance: 1. Section 1: This section allows parking in the rear yard setback of a single family residence where it is connected to a rear alley. 2. Section 2 of the draft Ordinance adds an expiration date to Binding Site Improvement Plans similar to Short Plat or Boundary Line Adjustment applications. 3. Section 3 through 10 of the draft Ordinance: These sections amend the following definitions: a) Definition of a hotel and motel has been amended to limit the accommodation to 30 days, in order to be consistent with International Building Code. Also, a definition for an extended -stay lodging facility is INFORMATIONAL MEMO Page 2 added. Further the stay in an extended -stay is limited to 180 days; and extending -stays are allowed in all zones that allow hotels /motels. b) Per TMC 18.06.505, Lot Area means the total horizontal area within the boundary lines of a lot and exclusive of street right -of -way, street easement, or private access roads serving more than one lot authorized pursuant to the subdivision ordinance. This definition does not address the fire lanes which in many cases are similar to the private road but are meant to serve more than one lot. Planning Commission recommended including the area of the private road that serves up to 4 lots in the lot area for the purposes of meeting minimum lot area requirements. c) A new definition of a religious facility has been added. The current code lists churches as a use but there is no definition. d) Per TMC 18.06.740, roof eaves may intrude a maximum of 18 inches into the required setbacks. Staff recommended that this 18 inch overhang may also be allowed for other type of overhangs (such as a bay window) if it is approved as part of design review approval of a project and the overhang helps in providing modulation of the facade. Planning Commission recommended increasing the 18 inch overhang to 24 inch in addition to allowing other types of overhangs besides roof eaves. e) Limited access state routes such as 1 -5 and 1 -405, private access easements and subdivision tracts for access are considered streets according to the Zoning Code's definition. This effects the type of lots (corner, through) and their setbacks and landscape requirements. The definition of street has been amended to include such streets for the purposes of determining types of lot and their setbacks and landscaping requirements. 4. Section 11 through 59: a) The list of primary uses in all zones has a category that lists "other uses not specifically listed in this title which the Director determines to be similar in nature to and compatible with other uses permitted outright within this district, consistent with the stated purpose of this district and consistent with the policies of the Comprehensive Plan However accessory uses are limited to those specifically listed. A category similar to the "other uses that are customarily accessory to the listed permitted uses" and that are determined by the Director to be consistent with the Comprehensive Plan has been added to the list of accessory uses in all zones. b) The thresholds for when design review is required in LDR, MDR and HDR zones needed to be clarified. The proposed changes require design review for all institutions in LDR zones. Also, the existing code does not have any thresholds for remodels or renovations of multi family developments. In commercial zones if the cost of any exterior work equals or exceeds 10% of the building's assessed value then the project is subject to design review. Staff recommended similar threshold for residential projects in MDR and HDR zones. Planning Commission concurred with staff. These changes have been incorporated in Section 13, 16 and 73 of the draft ordinance. W:12009 InfoMemos\Housekeeping Code changes- COW.doc INFORMATIONAL MEMO Page 3 c) Churches are listed as Conditional Uses in a number of zones. It came to the City's attention that there may be about thirty small churches that are located in multi- tenant commercial buildings. The definitions section was amended to include a broader definition of a religious facility that would include churches as well as synagogues, mosques etc. Further, under the proposed changes, a facility in residential zones would still require a Conditional Use Permit, but only a larger facility in commercial zones, with more than 50 attendees would require a Conditional Use Permit. Planning Commission agreed with staff's recommendations and these changes are reflected in the attached ordinance. Per International Building Code the occupancy load of 50 people equates to 750 square feet of floor area, therefore any religious facility with an assembly area of less than 750 square feet is listed as a permitted use in all commercial zoning districts and those with area larger than 750 square feet will continue to require a Conditional Use Permit. d) Mixed Use Office zone lists the maximum height as 3 stories or 45 feet. Most of other zones have a requirement of either 3 stories /35 feet or 4 stories /45 feet. The proposed changes will allow 4 stories /45feet in MUO zone. This is reflected in Section 22 of the Ordinance. e) Extended -stay hotels /motels are listed as permitted uses in all zones that currently allow hotels /motels. 5. Section 60: The Department of Community Development will sometimes receive technical reports as part of land use applications that require peer review, such as noise reports, lighting plans, parking demand studies, geotechnical reports, structural review reports etc. The code addresses peer review of geotechnical reports and structural review reports and the applicant is already responsible to reimburse the City for peer review expenses. However peer review of miscellaneous reports such as noise reports, lighting plans and parking demand studies is not addressed in the code. The proposed changes will add a section to the zoning code to address that these technical reports may undergo peer review at the expense of the applicant. 6. Section 61 through 65: These sections amend the Landscape Chapter of the Zoning Code to include landscaping requirements for institutional uses in Low Density Zone; adds plant and soil specifications; and allows flexibility in the required front yard landscaping so that the required width may be divided between the perimeter strip and one or more other landscape areas between the building and the front property line. 7. Section 66 and 67: These sections amend the Parking Chapter of the Zoning Code to allow a two foot overhang in the landscape area for the regular and compact stalls. Also, the parking determination for Parks has been changed to an administrative decision instead of the Planning Commission approval. 8. Section 68 through 72: These sections amend the Wireless Facilities Chapter and change the references to Type 4 Planning Commission decision to Type 3 Hearing Examiner decision. W:12009 InfoMemos\Housekeeping Code changes COW.doc INFORMATIONAL MEMO Page 4 9. Section 73: This section establishes when a multifamily development in MDR and HDR zones is subject to design review. 10 Section 74: This section clarifies the term "occupancy permit" as it is used in the Zoning Code Sections 96.030, .060 and .070. There is no definition of an occupancy permit in the Zoning Code. However an occupancy permit in the Zoning Code has a different meaning than an occupancy permit in the Building Code. The occupancy permit in the Zoning Code is interpreted by the Planning Department to mean the review and recording of zoning compliance as accomplished through the building permit and business license application procedures. 11 Section 75 through 80: These sections amend the Permit Types and Procedures section of the Zoning Code. ATTACHMENTS a) The City received a letter from Washington Cities Insurance Authority recommending that all quasi judicial decisions be made by the Hearing Examiner as opposed to the Planning Commission and the City Council. The Community Affairs and Parks Committee was previously briefed on this item. Staff recommended that the decision makers for most quasi judicial decisions be changed to the Hearing Examiner, however decision makers for certain decisions such as unclassified use permits, design review and rezones be kept the same until such time that substantive changes are made to the approval criteria. Planning Commission's recommendations are reflected in the attached ordinance. b) In order to allow postcard mailing for city notices references to First Class mailing and 81/2 x11 inch site plan requirement have been deleted. Further, email notification is allowed where the parties of record choose to receive this form of notification. Also, payment in lieu of providing mailing labels has been referenced. RECOMMENDATION Hold the public hearing at the September 28, 2009 meeting and schedule the adoption of the proposed ordinance on October 5, 2009. A. Draft Ordinance B. Planning Commission meeting minutes from June 25, 2009 and August 27, 2009. C. Minutes from the Community Affairs and Parks Committee meeting of September 14, 2009. W:12009 InfoMemos\Housekeeping Code changes- COW.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED AT VARIOUS CHAPTERS OF TUKWILA MUNICIPAL CODE TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," TITLE 17, "SUBDIVISION AND PLATS" AND TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Zoning Code of the City of Tukwila lists churches as a conditional use regardless of the size and does not list other religious facilities and in the past all religious facilities have been regulated similar to churches, the Council wishes to amend the code to list religious facilities as a separate use category and not require a conditional use process for smaller facilities; and WHEREAS, there are some updates needed to the landscape chapter to clarify landscaping requirements for institutional uses in Low Density Zones, and to add specifications for plant materials and soil; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City has received recommendations from Washington Cities Insurance Authority (WCIA) for amendments regarding decision makers and appeal bodies and the City wishes to update its permit types and procedures based on WCIA's recommendations; and WHEREAS, the Zoning Code of the City of Tukwila establishes procedures for public notice and the City wishes to update the mailing procedures to allow postcard mailings and email notifications; and WHEREAS, the Zoning Code of the City of Tukwila establishes various procedures for different types of permits and the City wishes to clarify those procedures including: establishing expiration dates for Binding Site Improvement Plans, clarifying when design review is required for multi- family developments, changing the parking determination for City parks to be an administrative process, defining an occupancy permit as used in the Zoning Code, and adding a requirement that review of technical studies may undergo peer review at the expense of the applicant; and WHEREAS, the Zoning Code of the City of Tukwila establishes various development standards and the City wishes to clarify and /or amend those development standards including: clarifying the height in MUO zone, expanding the list of accessory uses, clarifying the lot area definition to include the area of private road that serves up to four lots, increasing the roof eaves overhang in the setback area to 24 inches and allowing other types of overhangs in the setback area if approved as part of design review approval, allowing parking stalls to overhang two feet in the landscaping area, allowing front yard landscaping to be divided into a perimeter strip and other areas between the building and front property line, clarifying the definition of street to include freeways and private access roads for the purposes of determining the type of lot-corner or through lot, clarifying that parking in the rear setback of a single family home is allowed if it is connected to a rear alley, changing the definition of hotel /motel to be consistent with the International Building Code, and adding a definition for an extended -stay lodging facility; and WHEREAS, on August 27, 2009 the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the zoning and subdivision code and adopted a motion recommending the proposed changes; and WHEREAS, on September 28, 2009, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; MD:ksn 09 /24/2009 Page 1 of 67 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2056 §1 (part), as codified at TMC Section 8.25.020, is amended to read as follows: 8.25.020 Parking Limitations A. The requirements of TMC Chapter 8.25 apply to the storage and parking of vehicles on properties devoted to single family residential use. B. Motor vehicles on property devoted to single family residential use shall be parked on an approved durable uniform surface. Motor vehicles, other than those specified in TMC Section 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance with TMC Title 18, as that title currently exists or as it may be subsequently amended. Parking in the rear setback of a sing le familv -home is permitted where the parking is connected to a rear alley. C. Recreational vehicles, boats or trailers shall be parked, kept or stored on an approved durable uniform surface and shall not be parked, kept or stored in required front yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent access by emergency responders to all sides of a structure. D. Approved durable uniform surfaces outside of structures on -site may cover a maximum of 1,200 square feet or 10% of the lot surface, whichever is greater. E. No more than 50% of the front yard or 800 square feet, whichever is smaller, may be approved durable uniform surface. An approved durable uniform surface exceeding this requirement on the effective date of this ordinance may be maintained, but shall not be expanded. F. Single family properties on pre existing, legal lots of record containing less than 6,500 square feet are exempt from the requirements of 8.25.020D. Section 2. Section Added. A new section is added to TMC Chapter 17.16 to read as follows: 17.16.070 Expiration If the binding site improvement plan is not recorded within one year of the date of the preliminary BSIP, the BSIP shall become null and void. Upon written reauest by the applicant prior to the expiration date, the Short Subdivision Committee may grant one extension of not more than one year. Section 3. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as codified at TMC Section 18.06.073, "Definitions," are amended to read as follows: 18.06.073 Boarding House "Boarding house" means a residential building or use which provides housing on a short term commercial basis for tenants. The following uses are excluded: Bed and breakfast facilities, hotels and motels, extended -stav hotels or motels, shelters and facilities which provide short- or long -term care for tenants suffering from physical, mental or other disabilities. Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: 18.06.287 Extended Stav Hotel or Motel "Extended -stay hotel or motel" means a building or buildings or portion thereof, the units of which contain independent provisions for living, eating and sanitation including but not limited to, a kitchen sink and permanent cooking facilities, a bathroom and a sleeping area in each unit, and are specifically constructed, kept. used, maintained, advertised and held out to the public to be a place where temporary residence is offered for pay to persons for a minimum stay of more than 30 days and a maximum stay of six months per year. Extended -stay hotels or motels shall not include dwelling units. as defined in this section. for permanent occupancy. The specified units for extended -stav must conform to the reouired features, building code. and fire code provisions for dwelling units as set forth in this code. Nothing in this definition prevents an extended -stav unit from being used as a hotel or motel unit. Extended -stay hotel or motels shall be reauired to meet the hotel /motel parking reauirements. Not included are institutions housing persons under legal restraint or requiring medical attention or care. Section 5. Definition Amended. Ordinance Nos. 1976 §12, 1834 §3 and 1758 §1 (part), as codified at TMC Section 18.06.440, "Definitions," are amended to read as follows: 18.06.440 Hotel MD:ksn 09 /24/2009 Page 2 of 67 "Hotel" means a building, or buildings or portion thereof. the units of which are used, rented or hired out as sleeping accommodations only for the purposes of transitory housine.designed ei used for thc transient rental of five more units for sleeping purposes. Hotels rooms shall have their own private toilet facilities. and may or may not have their own kitchens facilities. Hotels shall not include dwelling units, as defined in this section. for permanent occupancy. A central kitchen, and dining room and accessory shops and services catering to the general public can be provided. No room may be used by the same person or persons for a period exceeding thirty (301 calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. Section 6. Definition Amended. Ordinance Nos. 1976 §12, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.505, "Definitions," are amended to read as follows: 18.06.505 Lot Area "Lot area" means the total horizontal area within the boundary lines of a lot and exclusive of street right -of -way, street easement, fire access roads or private access roads except where the private road serves four or fewer lots. mere -than cnc lot authorized pursuant to th_ subdivision ordinance. Section 7. Definition Amended. Ordinance Nos. 1976 512, 1834 §3 and 1758 51 (part), as codified at TMC Section 18.06.585, "Definitions," are amended to read as follows: 18.06.585 Motel "Motel" includes tourist cabins, tourist ssu_:, motor lodge, auto court, cabin court, motor inn and Simi' s. A -atcl is means a building or buildings or portion thereof. detached or in connected units or designed as a single structure, the units of which are used, rented, or hired out as sleeping accommodations only for the purposes of transitory housing. A motel includes tourist cabins. tourist court, motor lodge. auto court. cabin court. motor inn and similar names but does not include accommodations for travel trailers or recreation vehicles. Motel rooms shall have their own private toilet facilities. and may or mav not have their own kitchen facilities. Motels are distinguished from hotels primarily by reason of providing adjoining parking and direct independent access to each rental unit. Motels shall not include dwelling units, as defined in this section. for permanent occupancy. No room may be used by the same person or persons for a period exceeding thirty (30) calendar days per year. Not included are institutions housing persons under legal restraint or requiring medical attention or care. as "cc, cr.e y not have their own kitchen facilities, and are designed primarily for the accommoda`c: of transient automobile travellers. Accommodations for travel trailers ars not included. Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to read as follows: 18.06.682 Religious Facility "Religious facility" means a facility operated for worship. prayer, meditation or similar activity by an organization granted tax exempt status by the Federal Internal Revenue Service. Section 9. Definition Amended. Ordinance Nos. 1976 512, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.740, "Definitions," are amended to read as follows: 18.06.740 Setbacks "Setbacks" means the distances that buildings or uses must be removed from their lot lines except that roof eaves may intrude a maximum of 248 inches into this area. A maximum 24 inch overhang mav also be allowed for portions of a building (such as a bav window) if approved as part of design review approval where the overhang provides modulation of the facade. Section 10. Definition Amended. Ordinance Nos. 1976 §12, 1834 53 and 1758 51 (part), as codified at TMC Section 18.06.795, "Definitions," are amended to read as follows: 18.06.795 Street "Street" means a public thoroughfare that affords the principal means of access to abutting properties. Limited access state routes such as I -5,1 -405, SR 518, subdivision tracts dedicated for access, private easements for access and streets that provide no access to abutting properties shall be considered streets for the purposes of determining the tvoe of lots such as corner or through lots and their setbacks and landscape requirements. Section 11. Ordinances Amended. Ordinance Nos. 1989 52, 1976 518 and 1758 51 (part), as codified at TMC Section 18.10.030, are amended to read as follows: 18.10.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Low Density Residential District. 1. Adult day care. MD:ksn 09/24/2009 Page 3 of 67 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 12. Ordinances Amended. Ordinance Nos. 2135 §3, 1976 §19, and 1758 §1 (part), as codified at TMC Section 18.10.040, are amended to read as follows: 18.10.040 Conditional Uses The following uses may be allowed within the Low Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time is twelve; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Religious facility Churches -and community center buildings. 4. Dormitories 5. Electrical substations distribution. 6. Fire and police stations. 7. Libraries, museums or art galleries (public). MD:ksn 09/24/2009 Page 4 of 67 8. Radio, television, microwave, cellular or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. Section 13. Ordinance Amended. Ordinance No. 1865 §7, as codified at TMC Section 18.10.055, is amended to read as follows: 18.10.055 Design Review Design review is reauired for all conditional and unclassified uses. Design review is also required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Section 14. Ordinances Amended. Ordinance Nos. 1989 §3, 1976 §21, and 1758 §1 (part), as codified at TMC Section 18.12.030, are amended to read as follows: 18.12.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Medium Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. Minimum lot of 7,200 square feet; b. Accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. Dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. Minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet, and f. the units are not sold as condominiums. 3. Family child care homes provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 10. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 15. Ordinances Amended. Ordinance Nos. 2135 54, 1976 522, and 1758 51 (part), as codified at TMC Section 18.12.040, are amended to read as follows: 18.12.040 Conditional Uses MD:ksn 09 /24/2009 Page 5 of 67 The following uses may be allowed within the Medium Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time is 12; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility Churches and community center buildings. 5. Convalescent and nursing homes for not over 12 patients. 6. Dormitories. 7. Manufactured /mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres; b. overall development density shall not exceed eight dwelling units per acre; c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 8. Electrical substations distribution. 9. Fire and police stations. 10. Libraries, museums or art galleries (public). 11. Radio, television, microwave, or observation stations and towers. 12. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 13. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 16. Ordinances Amended. Ordinance Nos. 2005 51, 1865 511, and 1758 51 (part), as codified at TMC Section 18.12.060, are amended to read as follows: 18.12.060 Design Review Design review is required for all new multi- family structures, mobile or manufactured home parks, and for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. Multi- family structures up to 1,500 square feet will be reviewed administratively. Section 17. Ordinances Amended. Ordinance Nos. 1989 54, 1976 525, and 1758 51 (part), as codified at TMC Section 18.14.030, are amended to read as follows: 18.14.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the High Density Residential District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; MD:ksn 09/24/2009 Page 6 of 67 e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 5. Home occupations. 6. Institutional uses such as hospitals, food banks, schools, or government facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 7. Parking areas. 8. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 9. Other uses not snecificallv listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comorehensive Plan. Section 18. Ordinances Amended. Ordinance Nos. 2135 §5, 1976 §26, and 1758 §1 (part), as codified at TMC Section 18.14.040, are amended to read as follows: 18.14.040 Conditional Uses The following uses may be allowed within the High- Density Residential District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site; b. the maximum number of residents, either permanent or temporary, at any one time is twelve; c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space are provided for each bedroom rented to customers; d. the maximum length of continuous stay by a guest is 14 days; e. breakfast must be offered on -site to customers; and f. all necessary permits or approvals are obtained from the Health Department. 2. Boarding houses. 3. Cemeteries and crematories. 4. Religious facility Churches and community center buildings. 5. Dormitories. 6. Electrical substations distribution. 7. Fire and police stations. 8. Radio, television, microwave, or observation stations and towers. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 19. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.16.020, are amended to read as follows: 18.16.020 Permitted Uses The following uses are permitted outright within the Mixed -Use Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. MD:ksn 09/24/2009 Page 7 of 67 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Billiard or pool rooms. 5. Brew pubs. 6. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 7. Computer software development and similar uses. 8. Convalescent and nursing homes for not more than 12 patients. 9. Day care centers. 10. Dwelling One detached single family dwelling per existing lot. 11. Dwelling Multi- family units above office and retail uses. 12. Dwelling Senior citizen housing as a freestanding use subject to additional requirements. 13. Financial, banking, mortgage, and other services. 14. Fraternal organizations. 15. Laundries: a. self service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Medical and dental laboratories. 18. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 19. Outpatient, inpatient, and emergency medical and dental commercial services. 20. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 21. Recreation facilities (commercial indoor), athletic or health clubs. 22. Religious facility with an assembly area less than 750 souare feet. 23. Restaurants, including cocktail lounges in conjunction with a restaurant. 24. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 25. Retail sales as part of a planned mixed -use development, where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 26. Schools and studios for education or self improvement. 27. Shelters. 28. Studios art, photography, music, voice and dance. 29. Telephone exchanges. 30. Other uses not specifically listed in this title, which the Director determines to be: MD:ksn 09 /24/2009 Page 8 of 67 a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 20. Ordinances Amended. Ordinance Nos. 1976 §29 and 1758 §1 (part), as codified at TMC Section 18.16.030, are amended to read as follows: 18.16.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Mixed -Use Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Parking areas. 8. Recreational area and facilities for employees. 9. Residences for security or maintenance personnel. 10. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 21. Ordinances Amended. Ordinance Nos. 2135 §6, 1865 §16, 1830 §6, and 1758 §1 (part), as codified at TMC Section 18.16.040, are amended to read as follows: 18.16.040 Conditional Uses The following uses may be allowed within the Mixed -Use Office District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Bed and breakfast lodging. 2. Cemeteries and crematories. 3. Religious facility with an assembly area ereater than 750 sauare feet and community center buildings. 4. Colleges and universities. 5. Convalescent and nursing homes for more than 12 patients. 6. Electrical substation distribution. 7. Fire and police stations. 8. Hospitals, sanitariums, or similar institutions. 9. Park and -ride lots. 10. Radio, television, microwave, or observation stations and towers. MD:ksn 09/24/2009 Page 9 of 67 11. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 12. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 22. Ordinances Amended. Ordinance Nos. 1976 §30, 1872 §1,1865 §18, 1830 §7, and 1758 §1 (part), as codified at TMC Section 18.16.080, are amended to read as follows: 18.16.080 Basic Development Standards Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi- family (except senior citizen housing), minimum Setbacks to yards, minimum: Front Second front Sides Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1 Rear Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 1 Height, maximum Landscape requirements (minimum): See Landscape, Recreation, Recycling/ further requirements Front Second front Sides Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Rear Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Recreation space Recreation space, senior citizen housing Off street parking: Residential (except senior citizen housing) Accessory dwelling unit Office, minimum Retail, minimum Other uses, including senior citizen housing MD:ksn 09 /24/2009 3,000 sq. ft. 25 feet 12.5 feet 10 feet Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet 1 10 feet Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet 1 34 stories or 45 feet Solid Waste Space requirements chapter for 15 feet 12.5 feet 5 feet 10 feet 5 feet 10 feet 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) 100 sq. ft. per dwelling unit See TMC Chapter 18.56, Off street Parking Loading Regulations See TMC Section 18.16.030, Accessory Uses 3 per 1,000 sq. ft. usable floor area 2.5 per 1,000 sq. ft. usable floor area See TMC Chapter 18.56, Off street Parking Loading Regulations Page 10 of 67 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 23. Ordinances Amended. Ordinance Nos. 2097 §9, 1986 §5, 1976 §28, 1971 §7, 1830 §5, 1814 §2 (part), and 1758 §1 (part), as codified at TMC Section 18.18.020, are amended to read as follows: 18.18.020 Permitted Uses The following uses are permitted outright within the Office District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Beauty or barber shops. 2. Bicycle repair shops. 3. Brew pubs. 4. Computer software development and similar uses. 5. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 6. Convalescent and nursing homes for not more than 12 patients. 7. Day care centers. 8. Dwelling One detached single family dwelling per existing lot. 9. Financial, banking, mortgage, other services. 10. Fraternal organizations. 11. Laundries: a. self service b. dry- cleaning c. tailor, dyeing 12. Libraries, museums or art galleries (public). 13. Medical and dental laboratories. 14. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 15. Outpatient, inpatient, and emergency medical and dental commercial services. 16. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 17. Recreation facilities (commercial indoor), athletic or health clubs. 18. Religious facility with an assembly area less than 750 sauare feet. 19. Restaurants, including cocktail lounges in conjunction with a restaurant. 20. Retail sales, as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto oriented retail sales (e.g., drive -ins, service stations). 21. Schools and studios for education or self- improvement. 22. Shelters. 23. Studios art, photography, music, voice and dance. 24. Telephone exchanges. 25. Other uses not specifically listed in this title, which the Director determines to be: MD:ksn 09 /24/2009 Page 11 of 67 a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 24. Ordinances Amended. Ordinance Nos. 1976 §32, and 1758 §1 (part), as codified at TMC Section 18.18.030, are amended to read as follows: 18.18.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Office District. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single- family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily to other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 25. Ordinances Amended. Ordinance Nos. 2135 §7, 1986 §5, 1976 §33, 1865 §19, 1830 §9, and 1758 §1 (part), as codified at TMC Section 18.18.040, are amended to read as follows: 18.18.040 Conditional Uses The following uses may be allowed within the Office District, subject to the requirements, procedures, and conditions established by TMC Section 18.18.64, Conditional Use Permits. 1. Cemeteries and crematories. 2. Religious facility with an assembly area ereater than 750 souare feet and community center buildings. 3. Colleges and universities. 4. Convalescent and nursing homes for more than 12 patients. 5. Electrical substations distribution. 6. Fire and police stations. 7. Hospitals, sanitariums, or similar institutions. 8. Park and -ride lots. 9. Radio, television, microwave, or observation stations and towers. 10. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 11. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. MD:ksn 09/24/2009 Page 12 of 67 Section 26. Ordinances Amended. Ordinance Nos. 2097 §12, 1976 §36 and 1758 §1 (part), as codified at TMC Section 18.20.020, are amended to read as follows: 18.20.020 Permitted Uses The following uses are permitted outright within the Residential Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Beauty or barber shops. 3. Bicycle repair shops. 4. Computer software development and similar uses. 5. Day care centers. 6. Dwelling One detached single family dwelling per existing lot. 7. Dwelling Multi family units above office and retail uses. 8. Fix-it, radio or television repair shops /rental shops. 9. Greenhouses or nurseries (commercial). 10. Laundries: a. self service b. dry cleaning c. tailor, dyeing 11. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 12. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 13. Religious facility with an assembly area less than 750 souare feet. 14. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 15. Schools and studios for education or self improvement. 16. Studios art, photography, music, voice and dance. 17. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 27. Ordinances Amended. Ordinance Nos. 1976 §37 and 1758 §1 (part), as codified at TMC Section 18.20.030, are amended to read as follows: 18.20.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Residential Commercial Center District. 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; MD:ksn 09 /24/2009 Page 13 of 67 d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities or schools. 3. Family child care homes provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory other uses permitted outright within this district: and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 28. Ordinances Amended. Ordinance Nos. 2135 §8, 1976 §38, 1814 §3 and 1758 §1 (part), as codified at TMC Section 18.20.040, are amended to read as follows: 18.20.040 Conditional Uses The following uses may be allowed within the Residential Commercial Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Brew pubs. 2. Convalescent and nursing homes for not more than 12 patients. 3. Fire and police stations. 4. Fraternal organizations. 5. Libraries, museums or art galleries (public). 6. Radio, television, microwave, or observation stations and towers. 7. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 8. Churchcs Religious facility with an assembly area greater than 750 square feet and community center buildings. 9. Restaurants, including cocktail lounges in conjunction with a restaurant. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 29. Ordinances Amended. Ordinance Nos. 2097 §13, 1976 §40, 1954 §1, 1830 §11, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.22.020, are amended to read as follows: 18.22.020 Permitted Uses The following uses are permitted outright within the Neighborhood Commercial Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. MD:ksn 09/24/2009 Page 14 of 67 6. Bus stations. 7. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: a. foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs; c. bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paints, paper, plastics, rubber, tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, meeting the City's performance standards and offering their services to the local populace on a walk -in basis; g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk -in basis and meeting the City's performance standards. 8. Cabinet shops or carpenter shops employing less than five people. 9. Computer software development and similar uses. 10. Convalescent and nursing homes for not more than 12 patients. 11. Day care centers. 12. Dwelling One detached single- family dwelling per existing lot. 13. Dwelling Multi- family units above office, and retail uses. 14. Financial: a. banking b. mortgage c. other services 15. Fix-it, radio or television repair shops /rental shops. 16. Fraternal organizations. 17. Frozen food lockers for individual or family use. 18. Greenhouses or nurseries (commercial). 19. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 20. Libraries, museums or art galleries (public). 21. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above, or three stories in the Urban Redevelopment Area along Tukwila International Boulevard, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 22. Outpatient, inpatient, and emergency medical and dental. 23. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 24. Plumbing shops (no tin work or outside storage). 25. Recreation facilities (commercial indoor), athletic or health clubs. I 26. Religious facility with an assembly area less than 750 sauare feet. 27. Restaurants, including cocktail lounges in conjunction with a restaurant. MD:ksn 09/24/2009 Page 15 of 67 28. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 29. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 30. Schools and studios for education or self improvement. 31. Studios art, photography, music, voice and dance. 32. Telephone exchanges. 33. Theaters, excluding "adult entertainment establishments as defined by this Code. 34. Wholesale or retail sales offices or sample rooms, with less than 50% storage or warehousing. 35. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 30. Ordinances Amended. Ordinance Nos. 1976 §41 and 1758 §1 (part), as codified at TMC Section 18.22.030, are amended to read as follows: 18.22.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Neighborhood Commercial Center District. 1. Billiard or pool rooms. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupations. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 31. Ordinances Amended. Ordinance Nos. 2135 §9, 1865 §23, 1830 §12 and 1758 §1 (part), as codified at TMC Section 18.22.040, are amended to read as follows: 18.22.040 Conditional Uses MD:ksn 09/24/2009 Page 16 of 67 The following uses may be allowed within the Neighborhood Commercial Center District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Churches Religious facility with an assembly area greater than 750 sauare feet and community center buildings. 2. Colleges and universities. 3. Convalescent and nursing homes for more than 12 patients. 4. Electrical substations distribution. 5. Fire and police stations. 6. Park and -ride lots. 7. Radio, television, microwave, or observation stations and towers. 8. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior, or senior high schools (public), and equivalent private schools. Section 32. Ordinances Amended. Ordinance Nos. 2021 §2, 1986 §7, 1971 §10, 1865 §27, 1830 §14, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.24.020, are amended to read as follows: 18.24.020 Permitted Uses The following uses are permitted outright within the Regional Commercial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this Chapter's other performance standards. These businesses may manufacture, process, assemble and /or package the following: foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. MD:ksn 09 /24/2009 Page 17 of 67 17. Dwelling Multi- family units on a lot that does not front on Tukwila International Boulevard subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2.-4., Recreation Space Requirements. 18. Extended -stav hotel /motel. 19. Financial: a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Outpatient, inpatient, and emergency medical and dental. 36. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 37. Planned shopping center (mall). 38. Plumbing shops (no tin work or outside storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly less than 750 souare feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 44. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. MD:ksn 09 /24/2009 Page 18 of 67 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Schools and studios for education or self- improvement. 47. Self- storage facilities. 48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 49. Studios art, photography, music, voice and dance. 50. Taverns, nightclubs. 51. Telephone exchanges. 52. Theaters, excluding "adult entertainment establishments as defined by this Code. 53. Warehouse storage and /or wholesale distribution facilities. 54. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 33. Ordinances Amended. Ordinance Nos. 1989 §5, 1976 §43 (part) and 1758 §1 (part), as codified at TMC Section 18.24.030, are amended to read as follows: 18.24.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily to other uses permitted outright within this district; and b. consistent with the stated -purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 34. Ordinances Amended. Ordinance Nos. 2135 §10, 1974 §3, 1865 §28, 1830 §15 and 1758 §1 (part), as codified at TMC Section 18.24.040, are amended to read as follows: 18.24.040 Conditional Uses The following uses may be allowed within the Regional Commercial District, subject to the requirements, procedures, and conditions established by TMC Chapter 18.64, Conditional Use Permits. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area g reater than 750 souare feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. MD:ksn 09 /24/2009 Page 19 of 67 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Internet data /telecommunication centers. 12. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 13. Park and -ride lots. 14. Pawnbrokers. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 17. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 35. Ordinances Amended. Ordinance Nos. 2021 §3, 1986 §8, 1971 §11, 1830 §17, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.26.020, are amended to read as follows: 18.26.020 Permitted Uses The following uses are permitted outright within the Regional Commercial Mixed -Use District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Businesses that include a retail component in conjunction with their manufacturing operation and meeting this chapter's other performance standards. These businesses may manufacture, process, assemble and /or package foods, including but not limited to baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering). 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Dwelling Multi- family units above office and retail uses. 18. Extended -stav hotel /motel. 19. Financial: MD:ksn 09/24/2009 Page 20 of 67 a. banking b. mortgage c. other services 20. Fix-it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 29. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 30. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 31. Medical and dental laboratories. 32. Mortician and funeral homes. 33. Motels. 34. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 35. Outpatient, inpatient, and emergency medical and dental. 36. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. 37. Planned shopping center (mall). 38. Plumbing shops (no tin work or outside storage). 39. Recreation facilities (commercial indoor), athletic or health clubs. 40. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 41. Religious facility with an assembly area less than 750 souare feet. 42. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 43. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 44. Retail sales of furniture; appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 45. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 46. Schools and studios for education or self- improvement. 47. Self- storage facilities. MD:ksn 09/24/2009 Page 21 of 67 48. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 49. Studios art, photography, music, voice and dance. 50. Taverns, nightclubs. 51. Telephone exchanges. 52. Theaters, excluding "adult entertainment establishments as defined by this Code. 53. Warehouse storage and /or wholesale distribution facilities. 54. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 36. Ordinances Amended. Ordinance Nos. 1989 §6, 1986 §5, 1976 §49 and 1758 §1 (part), as codified at TMC Section 18.26.030, are amended to read as follows: 18.26.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Regional Commercial Mixed Use District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses Permitted outright within this district; and b. consistent with the stated Purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 37. Ordinances Amended. Ordinance Nos. 2135 §11, 1974 §4, 1865 §32, 1830 §18, and 1758 §1 (part), as codified at TMC Section 18.26.040, are amended to read as follows: 18.26.040 Conditional Uses The following uses may be allowed within the Regional Commercial Mixed -Use District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area ereater than 750 souare feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums or similar institutions. MD:ksn 09/24/2009 Page 22 of 67 11. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 12. Park and -ride lots. 13. Pawnbrokers. 14. Radio, television, microwave, or observation stations and towers. 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Schools, preschool, elementary, junior or senior high schools (public), and equivalent private schools. Section 38. Ordinance Amended. Ordinance No. 2084 52 (part), as codified at TMC Section 18.28.020, is amended to read as follows: 18.28.020 Permitted Uses The following uses are permitted outright within the Tukwila Urban Center District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers nor sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenter shops employing less than five people. 10. Commercial laundries. 11. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convalescent and nursing homes for not more than 12 patients. 15. Convention facilities. 16. Day care centers. 17. Extended -stav hotel /motel. 18. Financial: a. banking b. mortgage c. other services 19. Fix-it, radio or television repair shops /rental shops. 20. Fraternal organizations. 21. Frozen food lockers for individual or family use. 22. Greenhouses or nurseries (commercial). 23. Heavy equipment repair and salvage. 24. Hotels. 25. Industries involved with etching, film processing, lithography, printing, and publishing. MD:ksn 09/24/2009 Page 23 of 67 26. Internet data/ telecommunication centers 27. Laundries; a. self service b. dry cleaning c. tailor, dyeing 28. Libraries, museums or art galleries (public). 29. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 30. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 31. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 32. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 33. Medical and dental laboratories. 34. Mortician and funeral homes. 35. Motels. 36. Offices, including: a. medical b. dental c. government; excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 37. Outpatient, inpatient, and emergency medical and dental. 38. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 39. Pawnbrokers 40. Planned shopping center (mall). 41. Plumbing shops (no tin work or outside storage). 42. Railroad tracks (including lead, spur, loading or storage). 43. Recreation facilities (commercial indoor) athletic or health clubs. 44. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 45. Religious facility with an assembly area less than 750 square feet. 46. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 47. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 48. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 49. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 50. Schools and studios for education or self improvement. 51. Self- storage facilities. 52. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. MD:ksn 09 /24/2009 Page 24 of 67 53. Studios art, photography, music, voice and dance. 54. Taverns, nightclubs. 55. Telephone exchanges. 56. Theaters, excluding "adult entertainment establishments as defined by this Code. 57. Warehouse storage and /or wholesale distribution facilities. 58. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 39. Ordinance Amended. Ordinance No. 2084 §2 (part), as codified at TMC Section 18.28.030, is amended to read as follows: 18.28.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Urban Center District. 1. Adult day care. 2. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 3. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 4. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 5. Home occupation. 6. Parking areas. 7. Recreational area and facilities for employees. 8. Residences for security or maintenance personnel. 9. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 40. Ordinances Amended. Ordinance Nos. 2135 §12, 2097 §15 and 2084 §2 (part), as codified at TMC Section 18.28.040, are amended to read as follows: 18.28.040 Conditional Uses The following uses may be allowed within the Tukwila Urban Center District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Bed and breakfast lodging; must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area neater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Dwelling Multi- family units (max. 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 8. Indoor animal shelters and kennels, subject to all additional State and local regulations (less than 4 cats or dogs does not need a permit). 9. Transit oriented development housing (which is allowed to 65 units /acre as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than one quarter mile from the Sounder Commuter Rail /Amtrak Station property. MD:ksn 09/24/2009 Page 25 of 67 10. Drive -in theaters. 11. Electrical substations distribution. 12. Fire and police stations. 13. Hospitals, sanitariums, or similar institutions. 14. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 15. Park and -ride lots. 16. Radio, television, microwave, or observation stations and towers. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Schools, preschool, elementary, junior or high schools, and equivalent private schools. Section 41. Ordinances Amended. Ordinance Nos. 2021 §5, 1986 §10, 1974 §6, 1971 §13, 1830 §23, 1814 §2 (part) and 1758 §1 (part), as codified at TMC Section 18.30.020, are amended to read as follows: 18.30.020 Permitted Uses The following uses are permitted outright within the Commercial Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. MD:ksn 09 /24/2009 Page 26 of 67 12. Commercial parking, provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use, or b. located at least 175 feet from adjacent arterial streets and behind a building that, combined with appropriate Type III landscaping, provides effective visual screening from adjacent streets. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convention facilities. 16. Convalescent and nursing homes for not more than 12 patients. 17. Day care centers. 18. Extended -stav hotel /motel 19. Financial: a. banking b. mortgage c. other services 20. Fix -it, radio or television repair shops /rental shops. 21. Fraternal organizations. 22. Frozen food lockers for individual or family use. 23. Greenhouses or nurseries (commercial). 24. Heavy equipment repair and salvage. 25. Hotels. 26. Industries involved with etching, film processing, lithography, printing, and publishing. 27. Internet data/ telecommunication centers 28. Laundries: a. self service b. dry cleaning c. tailor, dyeing 29. Libraries, museums or art .galleries (public). 30. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 31. Manufacturing, processing and /or packaging of foods, including but not limited to, baked goods, beverages (except fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (no slaughtering). 32. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical b. dental c. government, excluding fire and police d. stations e. professional f. administrative g. business, such as travel, real estate h. commercial MD:ksn 09 /24/2009 Page 27 of 67 39. Outpatient, inpatient, and emergency medical and dental. 40. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Railroad tracks, (including lead, spur, loading or storage). 45. Recreation facilities (commercial indoor) athletic or health clubs. 46. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 47. Religious facility with an assembly area less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Restaurants, including: a. drive- through b. sit down c. cocktail lounges in conjunction with a restaurant 51. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 52. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations that are entirely enclosed within a building. 55. Schools and studios for education or self improvement. 56. Self- storage facilities. 57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 58. Studios art, photography, music, voice and dance. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding "adult entertainment establishments as defined by this Code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and /or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 42. Ordinances Amended. Ordinance Nos. 1989 §8, 1976 §52, 1971 and 1758 §1 (part), as codified at TMC Section 18.30.030, are amended to read as follows: 18.30.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Commercial Light Industrial District. 1. Cargo container; two may be allowed per lot with approval as a Type 2 decision; criteria are listed at TMC Section 18.50.060. 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. MD:ksn 09/24/2009 Page 28 of 67 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title. which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 43. Ordinances Amended. Ordinance Nos. 2135 §13, 1865 536, 1830 524 and 1758 51 (part), as codified at TMC Section 18.30.040, are amended to read as follows: 18.30.040 Conditional Uses The following uses may be allowed within the Commercial Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area greater than 750 souare feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. 7. Drive -in theaters. 8. Electrical substations distribution. 9. Fire and police stations. 10. Hospitals, sanitariums, or similar institutions. 11. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 12. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 13. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 14. Park- and -ride lots. 15. Radio, television, microwave, or observation stations and towers. 16. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 17. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 18. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 44. Ordinances Amended. Ordinance Nos. 2021 56, 1986 511, 1974 57, 1971 514, 1814 52 (part), 1774 51 and 1758 51 (part), as codified at TMC Section 18.32.020, are amended to read as follows: 18.32.020 Permitted Uses The following uses are permitted outright within the Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: MD:ksn 09 /24/2009 Page 29 of 67 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) relieious facility b. The distances specified in TMC Section 18.32.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Extended -stay hotel /motel. 17. Financial: a. banking b. mortgage c. other services 18. Fix-it, radio or television repair shops/ rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. MD:ksn 09/24/2009 Page 30 of 67 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 31. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 32. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tiles, and woods. 33. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 34. Medical and dental laboratories. 35. Mortician and funeral homes. 36. Motels. 37. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 38. Outpatient, inpatient, and emergency medical and dental. 39. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 40. Pawnbrokers. 41. Planned shopping center (Mall). 42. Plumbing shops (no tin work or outside storage). 43. Railroad tracks (including lead, spur, loading or storage). 44. Recreation facilities (commercial indoor) athletic or health clubs. 45. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 46. Relieious facility with an assembly area less than 750 square feet. 47. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 50. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 51. Retail sales of furniture, appliances, and automobile parts and accessories, liquor, lum- ber /building materials, lawn and garden supplies, farm supplies. 52. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 53. Salvage and wrecking operations that are entirely enclosed within a building. 54. Schools and studios for education or self improvement. 55. Self- storage facilities. MD:ksn 09/24/2009 Page 31 of 67 56. Storage (outdoors) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 57. Taverns, nightclubs. 58. Telephone exchanges. 59. Theaters, excluding "adult entertainment establishments," as defined by this Code. 60. Tow truck operations, subject to all additional State and local regulations. 61. Truck terminals. 62. Warehouse storage and /or wholesale distribution facilities. 63. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 45. Ordinances Amended. Ordinance Nos. 1976 §54 and 1758 §1 (part), as codified at TMC Section 18.32.030, are amended to read as follows: 18.32.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Light Industrial District, as follows: 1. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title. which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 46. Ordinances Amended. Ordinance Nos. 2135 §14, 1865 §38 and 1758 §1 (part), as codified at TMC Section 18.32.040, are amended to read as follows: 18.32.040 Conditional Uses The following uses may be allowed within the Light Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area ereater than 750 souare feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9. Hospitals, sanitariums, or similar institutions. 10. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 11. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 12. Park and -ride lots. 13. Radio, television, microwave, or observation stations and towers. 14. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. MD:ksn 09/24/2009 Page 32 of 67 15. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 16. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. Section 47. Ordinances Amended. Ordinance Nos. 2021 §7, 1986 §12, 1974 §8, 1971 §15, 1814 §2 (part), 1774 §2 and 1758 §1 (part), as codified at TMC Section 18.34.020, are amended to read as follows: 18.34.020 Permitted Uses The following uses are permitted outright within the Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.34.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 3. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 4. Beauty or barber shops. 5. Bicycle repair shops. 6. Billiard or pool rooms. 7. Brew pubs. 8. Bus stations. 9. Cabinet shops or carpenters shops employing less than five people. 10. Commercial laundries. 11. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 12. Computer software development and similar uses. 13. Contractor storage yards. 14. Convention facilities. 15. Day care centers. 16. Extended -stav hotel /motel. 17. Financial: a. banking b. mortgage MD:ksn 09/24/2009 Page 33 of 67 c. other services 18. Fix-it, radio or television repair shops /rental shops. 19. Fraternal organizations. 20. Frozen food lockers for individual or family use. 21. Greenhouses or nurseries (commercial). 22. Heavy equipment repair and salvage. 23. Hotels. 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data/ telecommunication centers. 26. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 27. Libraries, museums or art galleries (public). 28. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 29. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 30. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 31. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 32. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Outpatient, inpatient, and emergency medical and dental. 41. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 42. Pawnbrokers. 43. Planned shopping center (mall). 44. Plumbing shops (no tin work or outside storage). 45. Railroad tracks, (including lead, spur, loading or storage). MD: sn 09/24/2009 Page 34 of 67 46. Recreation facilities (commercial indoor), athletic or health clubs. 47. Religious facility with an assembly area less than 750 square feet. 48. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 49. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 50. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 53. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 54. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 55. Salvage and wrecking operations. 56. Schools and studios for education or self improvement. 57. Self- storage facilities. 58. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Taverns, nightclubs. 61. Telephone exchanges. 62. Theaters, excluding "adult entertainment establishments as defined by this Code. 63. Tow truck operations, subject to all additional State and local regulations. 64. Truck terminals. 65. Warehouse storage and /or wholesale distribution facilities. 66. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 48. Ordinances Amended. Ordinance Nos. 1971 §55 and 1758 §1 (part), as codified at TMC Section 18.34.030, are amended to read as follows: 18.34.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Heavy Industrial District, as follows: 1. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. 2. Parking areas. 3. Recreational area and facilities for employees. 4. Residences for security or maintenance personnel. 5. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district and c. consistent with the policies of the Tukwila Comprehensive Plan. MD:ksn 09/24/2009 Page 35 of 67 Section 49. Ordinances Amended. Ordinance Nos. 2135 §15, 1865 §40 (part) and 1758 §1 (part), as codified at TMC Section 18.34.040, are amended to read as follows: 18.34.040 Conditional Uses The following uses may be allowed within the Heavy Industrial District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kennels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly area greater than 750 souare feet and community center buildings. 5. Colleges and universities. 6. Drive -in theaters. 7. Electrical substations distribution. 8. Fire and police stations. 9 Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW 70.105; see TMC Chapter 21.08). 10. Hospitals, sanitariums, or similar institutions. 11. Park- and -ride lots. 12. Radio, television, microwave, or observation stations and towers. 13. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 14. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. Section 50. Ordinances Amended. Ordinance Nos. 2235 §6, 2021 §8, 1986 §13, 1974 §9, 1954 §2, 1814 §2 (part), 1774 §3 and 1758 §1 (part), as codified at TMC Section 18.36.020, are amended to read as follows: 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center /Light Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: MD:ksn 09/24/2009 Page 36 of 67 a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Commercial laundries. 8. Contractor storage yards. 9. Day care centers. 10. Extended -stav hotel /motel. 11. Heavy equipment repair and salvage. 12. Hotels. 13. Industries involved with etching, film processing, lithography, printing, and publishing. 14. Internet data /telecommunication centers. 15. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 16. Libraries, museums or art galleries (public). 17. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 18. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 19. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 20. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 21. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 22. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 23. Motels. 24. Offices including but not limited to software development and similar uses, financial services, schools and studios for education or self improvement less than 20,000 square feet. 25. Outpatient, inpatient, and emergency medical and dental. 26. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 27. Railroad tracks, (including lead, spur, loading or storage). 28. Recreation facilities (commercial indoor) athletic or health clubs. 29. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 30. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 31. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. MD:ksn 09 /24/2009 Page 37 of 67 33. Salvage and wrecking operations which are entirely enclosed within a building. 34. Self- storage facilities. 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 37. Taverns, nightclubs. 38. Telephone exchanges. 39. Tow truck operations, subject to all additional State and local regulations. 40. Truck terminals. 41. Warehouse storage and /or wholesale distribution facilities. 42. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 51. Ordinances Amended. Ordinance Nos. 1976 §56 and 1758 §1 (part), as codified at TMC Section 18.36.030, are amended to read as follows: 18.36.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Light Industrial District, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title. which the Director determines to be: a. uses customarily accessory to other uses permitted outrieht within this district: and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 52. Ordinances Amended. Ordinance Nos. 2235 §7, 2021 §9, 1986 §14, 1974 §10, 1971 §16, 1814 §2 (part), 1774 §4 and 1758 §1 (part), as codified at TMC Section 18.38.020, are amended to read as follows: 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center Heavy Industrial District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility MD:ksn 09 /24/2009 Page 38 of 67 b. The distances specified in TMC Section 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer software development and similar uses. 8. Contractor storage yards. 9. Day care centers. 10. Extended -stav hotel /motel. 11. Financial: a. banking b. mortgage c. other services 12. Heavy equipment repair and salvage. 13. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop hammering. 14. Hotels. 15. Industries involved with etching, film processing, lithography, printing, and publishing. 16. Internet data /telecommunication centers. 17. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 18. Libraries, museums or art galleries (public). 19. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 20. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 21. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 22. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 23. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 24. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 25. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. MD:ksn 09/24/2009 Page 39 of 67 26. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 27. Motels. 28. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIC). 29. Outpatient, inpatient, and emergency medical and dental. 30. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 31. Railroad tracks, (including lead, spur, loading or storage). 32. Recreation facilities (commercial indoor), athletic or health clubs. 33. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 34. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 35. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self improvement. 40. Self- storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and /or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 53. Ordinances Amended. Ordinance Nos. 1976 §57 and 1758 §1 (part), as codified at TMC Section 18.38.030, are amended to read as follows: 18.38.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Manufacturing Industrial Center /Heavy Industrial District, as follows: 1. Billiard or pool rooms. 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as universities, colleges or schools. 3. Parking areas. 4. Recreational area and facilities for employees. 5. Residences for security or maintenance personnel. 6. Other uses not specifically listed in this title. which the Director determines to be: MD:ksn 09 /24/2009 Page 40 of 67 a. uses that are customarily accessory to other uses permitted outright within this district; and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 54. Ordinances Amended. Ordinance Nos. 2235 §8, 2097 §17, 2021 §10, 1986 §15, 1974 §11, 1971 §17, 1830 §25, 1814 §2, 1774 §5 and 1758 §1 (part), as codified at TMC Section 18.40.020, are amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukwila Valley South District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations. 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Day care centers. MD:ksn 09 /24/2009 Page 41 of 67 18. Dwelling One detached single- family unit per existing lot (includes factory built or modular home that meets UBC). 1 19. Extended -stav hotel /motel. 20. Farming and farm- related activities. 21. Financial: a. banking b. mortgage c. other services 22. Fix-it, radio or television repair shops /rental shops. 23. Fraternal organizations. 24. Frozen food lockers for individual or family use. 25. Greenhouses or nurseries (commercial). 26. Heavy equipment repair and salvage. 27. Hotels. 28. Industries involved with etching, film processing, lithography, printing, and publishing. 29. Internet data /telecommunication centers. 30. Laundries: a. self- service b. dry cleaning c. tailor, dyeing 31. Libraries, museums or art galleries (public). 32. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 33. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 34. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 35. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 36. Medical and dental laboratories. 37. Mortician and funeral homes. 38. Motels. 39. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 40. Outpatient, inpatient, and emergency medical and dental. 41. Pawnbrokers. 42. Planned shopping center (mall). 43. Plumbing shops (no tin work or outside storage). 44. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 45. Railroad tracks, (including lead, spur, loading or storage). 46. Recreation facilities (commercial indoor), athletic or health clubs. 47. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 48. Religious facility with an assembly area of less than 750 souare feet. MD:ksn 09/24/2009 Page 42 of 67 49. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 50. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 51. Research and development facilities. 52. Restaurants, including: a. drive through b. sit down c. cocktail lounges in conjunction with a restaurant 53. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 54. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 55. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 56. Salvage and wrecking operations that are entirely enclosed within a building. 57. Schools and studios for education or self improvement. 58. Self- storage facilities. 59. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Studios art, photography, music, voice and dance. 61. Taverns, nightclubs. 62. Telephone exchanges. 63. Theaters, excluding "adult entertainment establishments as defined by this Code. 64. Tow truck operations, subject to all additional State and local regulations. 65. Truck terminals. 66. Warehouse storage and /or wholesale distribution facilities. 67. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 55. Ordinances Amended. Ordinance Nos. 1976 §59 and 1758 §1 (part), as codified at TMC Section 18.40.030, are amended to read as follows: 18.40.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila Valley South District, as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses otherwise permitted or approved condi- tional uses such as religious facilities, universities, colleges or schools. MD:ksn 09/24/2009 Page 43 of 67 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title. which the Director determines to be: a. uses customarily accessory to other uses permitted outright within this district: and b. consistent with the stated purpose of this district: and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 56. Ordinances Amended. Ordinance Nos. 2135 §18, 1865 §46, 1830 §26 and 1758 §1 (part), as codified at TMC Section 18.40.040, are amended to read as follows: 18.40.040 Conditional Uses The following uses may be allowed within the Tukwila Valley South District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title. 1. Amusement parks. 2. Animals shelters and kernels, subject to all additional State and local regulations (less than four cats or dogs does not need a permit). 3. Cemeteries and crematories. 4. Churches Religious facility with an assembly e reater than 750 square feet and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than twelve patients. 7. Drive -in theaters. 8. Dwelling Multi- family units (maximum 22.0 units /acre except senior citizen housing which is allowed to 100 units /acre, as a mixed -use development that is non industrial in nature); must be located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond, or Minkler Pond. 9. Electrical substations distribution. 10. Fire and police stations. 11. Hospitals, sanitariums, or similar institutions. 12. Manufacturing, processing and /or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 13. Manufacturing, processing and /or assembling chemicals, light metals, plastics, solvents, soap, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 14. Manufacturing, processing and /or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 15. Manufacturing, processing and /or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging. 16. Park and -ride lots. 17. Radio, television, microwave, or observation stations and towers. 18. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 19. Recreation facilities (commercial outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields. 20. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 21. Salvage and wrecking operations. 22. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. MD:ksn 09/24/2009 Page 44 of 67 23. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. Section 57. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section 18.41.020, is amended to read as follows: 18.41.020 Permitted Uses The following uses are permitted outright within the Tukwila South Overlay District, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult day care. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools; and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public library; (b) public park, trail, or public recreational facility; or (c) religious facility b. The distances specified in TMC Section 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon, which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed b. washing c. body and engine repair shops (enclosed within a building) 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenters shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Day care centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single family unit per lot MD:ksn 09 /24/2009 Page 45 of 67 b. multi- family c. multi- family units above office and retail space d. senior citizen housing 20. Electrical substation and distribution. 21. Extended-stav hotel/motel. 22. Farming and farm related activities. 23. Financial: a. banking b. mortgage c. other services 24. Fire and police stations. 25. Fix-it, radio or television repair shops /rental shops. 26. Fraternal organizations. 27. Frozen food lockers for individual or family use. 28. Greenhouses or nurseries (commercial). 29. Hospitals, sanitariums and similar uses. 30. Hotels. 31. Industries involved with etching, film processing, lithography, printing, and publishing. 32. Internet data telecommunication centers. 33. Laundries: a. self- service b. dry cleaning c. tailor, dyeing d. commercial 34. Libraries, museums or art galleries (public). 35. Manufacturing, processing and /or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 36. Manufacturing, processing and /or packaging pharmaceuticals and related products, such as cosmetics and drugs. 37. Manufacturing, processing, and /or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 38. Manufacturing, processing, assembling, packaging and /or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 39. Medical and dental laboratories. 40. Motels. 41. Movie theaters with three or fewer screens. 42. Neighborhood stormwater detention and treatment facilities. 43. Offices, including: a. medical b. dental c. government, excluding fire and police stations d. professional e. administrative f. business, such as travel, real estate g. commercial 44. Outpatient, inpatient, and emergency medical and dental. 45. Pawnbrokers. 46. Planned shopping center (mall) up to 500,000 square feet. 47. Plumbing shops (no tin work or outside storage). 48. Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation. MD:ksn 09/24/2009 Page 46 of 67 49. Private stable. 50. Recreation facilities (commercial indoor), athletic or health clubs. 51. Recreation facilities (commercial indoor), including bowling alleys, skating rinks, shooting ranges. 52. Religious facility with an assembly area of less than 750 souare feet. 53. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 54. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 55. Research and development facilities. 56. Restaurants, including: a. drive through b. sit down, cocktail lounges in conjunction with a restaurant 57. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 58. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 59. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 60. Schools and studios for education or self- improvement. 61. Self- storage facilities. 62. Sewage lift stations. 63. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling /Solid Waste Space Requirements chapter of this title. 64. Studios art, photography, music, voice and dance. 65. Taverns, nightclubs. 66. Telephone exchanges. 67. Theaters for live performances only, not including adult entertainment establishments. 68. Tow truck operations, subject to all additional State and local regulations. 69. Water pump station. 70. Vehicle storage (no customers on site; does not include park -and -fly operations). 71. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 58. Ordinance Amended. Ordinance No: 2235 §10, as codified at TMC Section 18.41.030, is amended to read as follows: 18.41.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila South Overlay District as follows: 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. MD:ksn 09/24/2009 Page 47 of 67 2. Dormitory as an accessory use to other uses otherwise permitted or approved conditional uses such as religious facilities, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personnel. 8. Other uses not specifically listed in this title, which the Director determines to be: a. uses that are customarily accessory to other uses permitted outright similar in nature within this district this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 59. Ordinance Amended. Ordinance No. 2235 §10, as codified at TMC Section 18.41.040, is amended to read as follows: 18.41.040 Conditional Uses The following uses may be allowed within the Tukwila South Overlay District, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title and subject to a determination that the use is consistent with and furthers the vision and principles established by the Tukwila South Master Plan. 1. Cemeteries and crematories. 2. Churches Religious facility with art assembly greater than 750 scuare feet and community center buildings. 3. Helipads, accessory. 4. Utilities, regional. 5. Mortician and funeral homes. 6. Park and -ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 9. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. 10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 11. Other uses not specifically listed in this title, which the Director determines to a. similar in nature to and compatible with other conditional uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 60. Section Added. A new section is added to TMC Chapter 18.50 to read as follows: 18.50.200 Peer Review of Technical Studies The Department of Community Development will review all technical information submitted as part of any application to verify it meets all reouirements of the Tukwila Municipal Code. At the discretion of the Director, any technical studies recuired as part of the application including. but not limited to. noise reports, lighting plans, and parking demand studies, may undergo peer review at the expense of the applicant. be: Section 61. Ordinances Amended. Ordinance Nos. 2235 §13 and 1852 §14, as codified at TMC Section 18.52.020, are amended to read as follows: 18.52.020 Perimeter Landscaping Requirements by Zone District MD:ksn 09 /24/2009 Page 48 of 67 A. In the various zone districts of the City, landscaping in the front, rear and side yards shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table. HDR. HDR. Zoning Districts LDR (for uses other than dwelling units) MDR HDR MUO 0 RCC NCC RC RCM TUC C /LI LI HI MIC/L MIC/H TVS TSO MD:ksn 09/24/2009 Front Yard Landscape (Second Type for Side Front) Fronts Yard 15 TypeI 10 15 15 (1,2) 15 (12.5) 15 (12.5) 20 (10) (2,3) 5 10 10 15 12.5 12.5 12.5 5 5 15 (2,3) 15 Type I TypeI Type I Type I Type I Type I TypeI Type I Type I Type I Type II Type II Type II Type II Type II Type I 10 10 5 5 5 0 5 5 0 5 0 0 0 0 0 0 Landscape Rear Type for Yard Side/Rear 10 TypeI 10 TypeI 10 TypeI 5 Type I (6) 5 Type I 10 Type II 0 Type II 0 Type II 0 Type II 0 Type II 0 Type II 0 Type III 0 Type III 0 Type III 0 Type III 0 Type III 0 Type III Notes: Minimum required front yard landscaped areas in the MDR and HDR zones may have up to 20% of their required landscape area developed for pedestrian and transit facilities upon approval as a Type 2 special permission decision. In order to provide flexibility of the site design while still providing the full amount of landscaping required by code. the front yard landscape width may be divided into a perimeter strip and one or more other landscape areas between the building and the front property line. if the perimeter strip is a minimum of ten feet and the landscape materials are sufficient to provide landscaping along the perimeter and screening of the building mass. Required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval as a Type 2 special permission decision. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. Increased to 10 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. Increased to 15 feet if any portion of the yard is within 50 feet of LDR, MDR or HDR. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. Increased to Type II if any portion of the yard is within 50 feet of LDR, MDR or Increased to Type III if any portion of the yard is within 50 feet of LDR, MDR or Only required along public streets. (10) Increased to 10 feet if adjacent to residential uses or non -TSO zoning. B. The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. Page 49 of 67 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. Section 62. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section 18.52.030, is amended to read as follows: 18.52.030 Perimeter Landscape Types A. Type I landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted berm at least 24 inches high; and c. Living groundcover to cover 90% of the landscape area within three years. B. Type II landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual separation between uses and zoning districts, screen blank building walls and parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 20 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts; and c. Living groundcover to cover 90% of the landscape area within three years. C. Type III landscape perimeter. 1. Purpose is to provide extensive visual separation between industrial areas and nearby residential areas. 2. Plant materials shall consist of the following: a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and b. Shrubs to provide a solid planting screen with a height of five to eight feet or a solid wooden fence or masonry wall to be approved by the Community Development Director; and c. Living groundcover to cover 90% of the landscape area within three years. D. Plant material reouirements. 1. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscane Association ANLA". and shall be healthy. vigorous. and well-formed. with well- developed, fibrous root systems. free from dead branches or roots. Plants shall be free from damage caused by temperature extremes. lack of excess moisture. insects. disease. and mechanical iniurv. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (hardened -off 2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank walls. 3. Deciduous trees shall be used to allow visual access to entryways, signage and pedestrian use areas. 4. Evergreen shrubs shall be used to screen parking lots along street frontages. 5. In perimeters located adjacent to residential zones 75% of trees and shrubs shall be evergreen. 6. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 7. Deciduous trees shall have at least a 2 inch caliper at time of planting, determined according to the American Standard for Nursery Stock. 8. Shrubs shall be at least 18 inches in height at time of planting. 9. No plants listed on the current King County Noxious Weed list may be used. 10. Existing vegetation may be used to meet the requirements of this chapter. All significant trees located within any required perimeter landscaping area which are not dead, dying, or diseased and which do not pose a safety hazard as determined by the Community Development Director shall be retained. MD:km 09/24/2009 Page 50 of 67 11. The classification of plant material as trees, shrubs and evergreens shall be as listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada. Section 63. Ordinance Amended. Ordinance No. 2235 §14 (part), as codified at TMC Section 18.52.035, is amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. 1. Requirements for each distinctly separate parking area within the LDR zone for uses other than dwelling units. and in the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 -40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi- Family Design Guidelines, Site Planning Section, No. 31 for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21-40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking lots within the RC, RCM, TUC, C /LI and TVS zones: a. For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or otherwise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. Interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area with no stall more than 10 stalls or 100 feet from a landscape area. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. e. A minimum of 1 evergreen or deciduous tree is required per landscape island with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 64. Ordinance Amended. Ordinance No. 1872 §14 (part), as codified at TMC Section 18.52.040, is amended to read as follows: 18.52.040 General Landscape and Screening Requirements A. Appropriate plant materials. New plant materials shall include native species or non- native species that have adapted to the climatic conditions of the Puget Sound Region and are suited to the planting site. taking into account final plant size, stresses such as heat or freezing. space for planting. overhead lines or underground utilities present and shade or sun exposure. Drought resistant species are encouraged, except where site conditions within the required landscape areas assure adequate moisture for growth. Grass may be used as a groundcover where existing or amended soil conditions assure adequate moisture for growth. Landscape perimeter trees should be selected for compatibility with existing plant material or street trees. B. Site preparation. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetations lone -term health and survival and MD:ksn 09 /24/2009 Page 51 of 67 shall include incorporation and tilling in of organic material to a depth of 18 inches and mulching. C. Coverage standards. All landscaped areas in the MDR and HDR zones (including shrub beds) shall achieve 90% live ground coverage in three years and all areas not occupied by a building (including surface parking areas) shall achieve 40% horizontal tree coverage in ten years. D. Visibility. The landscaping shall not obstruct view from or into the driveway, sidewalk or street. Landscape design shall allow for surveillance from streets and buildings and avoid creating areas that might harbor criminal activity. No shrubs shall be planted or allowed to grow over two feet in height within thirty feet of intersecting curblines or pavement edges (see TMC Section 11.20.090). No tree may be planted within two feet of a sidewalk or pavement edge. E. Outside storage areas. Outdoor storage shall be screened from abutting public and private streets and from adjacent properties. Such screens shall be a minimum of eight feet high and not less than 60% of the height of the material stored. Said screens shall be specified on the plot plan and approved by the Community Development Director. Except in the MDR and HDR zones, where outdoor storage shall be fully screened from all public roadways and adjacent parcels with a sight obscuring structure equal in height to the stored objects and with a solid screen of exterior landscaping. A top screen cover may be exempted if the item(s) has a finished top and an equivalent design quality is maintained. The screening structure shall reflect building architecture as determined by the BAR to be appropriate. F. Ground level mechanical equipment and garbage storage areas shall be screened with evergreen plant materials and /or fences or masonry walls. G. Fences. All fences shall be placed on the interior side of any required perimeter landscaping. H. Lighting. Trees shall not be planted in locations where they would obstruct existing or planned street or site lighting. I. Automatic irrigation. All landscape areas shall be served by an automatic irrigation system. Water conservation features such as moisture sensors with automatic rain shut -off devices, automatic timers, pressure regulating devices, backflow prevention devices, separate irrigation zones for grass and planting beds, and sprinkler heads matched to site and plant conditions shall be installed. Irrigation water shall be applied with goals of avoiding runoff and overspray onto adjacent property, non irrigated areas and impervious surfaces. J. Utility easements. Utility easements and other similar areas between property lines and curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing such as evergreens, groundcover, shrubs, trees, sod or a combination of similar materials. In areas of overhead transmission lines, no shrubs or trees over 20 feet at maturity will be allowed. Trees should not be planted within 10 feet of underground water, sewer or storm drainage pipes. Section 65. Ordinances Amended. Ordinance Nos. 1971 §19 and 1872 §14 (part), as codified at TMC Section 18.52.050, are amended to read as follows: 18.52.050 Landscape Plan Requirements A. A Washington State licensed landscape architect shall prepare and stamp the landscape plans in accordance with the standards herein. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements. Included in the plans shall be type, quantity, spacing and location of plants and materials, site preparation and specifications for soils and mulches. location of all overhead and underground utilities (so as to avoid conflicts with prop osed planting locations), typical planting details and the location of irrigation systems. B. Installation of the landscaping and screening shall be completed and a Landscaping Declaration submitted by the owner or owner's agent prior to issuance of the certificate of occupancy. If necessary due to weather conditions or construction scheduling the installation may be postponed to the next planting season if approved by the Community Development Director and stated on the building permit. A performance assurance device equal to 150% of the cost of the labor and materials must be provided to the City before the deferral is approved. The property owner shall keep all planting areas free of weeds and trash and replace any unhealthy or dead plant materials for the life of the project in conformance with the intent of the approved landscape plan and TMC Section 8.28.180. Section 66. Ordinances Amended. Ordinance Nos. 1795 §3 (part) and 1758 §1 (part), as codified at TMC Section 18.56.040, are amended to read as follows: MD:ksn 09/24/2009 Page 52 of 67 18.56.040 General Requirements Any required off -street parking and loading facilities shall be developed in accordance with the following standards: 1. Location. Any on- premises parking area which contains parking stalls located more than 1,000 feet from the principal use shall require Board of Architectural Review approval for the entire parking lot. 2. Minimum parking area dimensions for surface and structured parking facilities shall be as provided in Figure 18 -6. Standard and compact parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall length. 3. Tandem Parking Spaces. In the MDR and HDR zones, tandem spaces (where one car is parked directly behind another) will be allowed for each three bedroom and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be tandem and all tandem parking spaces will be designed for full size rather than compact size vehicles based on the dimensions in Figure 18 -6. 4. Parking Area and Parking Area Entrance and Exit Slopes. The slope of off -street parking spaces shall not exceed 5 The slope of entrance and exit driveways providing access for off -street parking areas and internal driveway aisles without parking stalls shall not exceed 15 5. Driveways and maneuverability. a. Adequate ingress to and egress from each parking space shall be provided without moving another vehicle and without backing more than 50 feet. b. Turning and maneuvering space shall be located entirely on private property unless specifically approved by the Public Works Director and the Board of Architectural Review. c. All parking spaces shall be internally accessible to one another without reentering adjoining public streets. d. When off -street parking is provided in the rear of a building and a driveway or lane alongside the building provides access to rear parking area, such driveway shall require a minimum width of twelve feet and a sidewalk of at least a three -foot section, adjoining the building, curbed or raised six inches above the driveway surface. e. Ingress and egress to any off -street parking lot shall not be located closer than 20 feet from point of tangent to an intersection. f. The Public Works Director or Planning Commission may require ingress separate from an egress for smoother and safer flow of traffic. 6. The Director may require areas not designed or approved for parking to be appropriately marked and /or signed to prevent parking. 7. Surface. a. The surface of any required off -street parking or loading facility shall be paved with asphalt, concrete or other similar approved material(s) and shall be graded and drained as to dispose of all surface water, but not across sidewalks. b. All traffic- control devices, such as parking stripes designating car stalls, directional arrows or signs, bull rails, curbs and other developments shall be installed and completed as shown on the approved plans. c. Paved parking areas shall use paint or similar devices to delineate car stalls and direction of traffic. d. Where pedestrian walks are used in parking lots for the use of foot traffic only, they shall be curbed or raised six inches above the lot surface. e. Wheel stops shall be required on the periphery of parking lots so cars will not protrude into the public right -of -way, walkways, off the parking lot or strike buildings. Wheel stops shall be two feet from the end of the stall of head -in parking. 8. Parallel parking stalls shall be designed so that doors of vehicles do not open onto the public right -of -way. 9. Obstructions. No obstruction which would restrict car door opening shall be permitted within five feet of the centerline of a parking space. 10. Lighting. Any lighting on a parking lot shall illuminate only the parking lot, designed to avoid undue glare or reflection on adjoining premises. 11. Curb -cuts. All parking areas shall have specific entrance and /or exit areas to the street. The width of access roads and curb -cuts shall be determined by the Public Works MD:ksn 09/24/2009 Page 53 of 67 Director. The edge of the curb -cut or access road shall be as required by the Public Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single family districts shall be limited to a maximum of 20 feet in width and the location shall be approved by the Public Works Director. 12. Parking stalls shall not be used for permanent or semi- permanent parking or storage of trucks or materials. Section 67. Ordinances Amended. Ordinance Nos. 1795 §3 and 1758 §1 (part), as codified at TMC Section 18.56.050, are amended to read as follows: 18.56.050 Required Number of Parking Spaces The minimum number of off street parking spaces for the listed uses shall be as shown in Figure 18 -7. Minimum parking requirements shall be maintained over the life of the original or primary use. Any additional uses, either secondary or accessory in nature, must have parking available that does not impact the minimum parking of the original or primary use. This extends to parking spaces used for park- and -fly lots or use of parking for storage or outdoor display. Figure 18 -7 Required Number of Parking. Spaces for Automobiles and Bicycles Bicycle Standard For multi-family, 1 space per 10 parking stalls, with a minimum of 2 spaces. No requirement for single family. Single family and multi- family dwellings Senior Citizen Housing Manufacturing MD:ksn 09 /24/2009 Use 1 Automobile Standard 1 Churches Relieious facilities, mortuaries and funeral homes Colleges, Universities, Vocational Schools and other post- secondary educational institutions Convalescent /nursing/ rest homes Food stores and markets High schools Hospitals Hotels, motels and extended stav 2 for each dwelling unit that contains up to 3 bedrooms. 1 additional space for every 2 bedrooms in excess of 3 bedrooms in a dwelling unit. Additional parking may be required for home occupations and accessory dwelling units as otherwise proved by this title. For 15 units or less, 1 space per dwelling unit. For dwellings with more than 15 units, a minimum of 15 spaces are required, plus 1 space per 2 dwelling units. 1 for each 4 fixed seats Shall be determined by Planning Commission, based on an evaluation of information concerning traffic generated by proposed use. 1 for every 4 beds with a minimum of 10 stalls 1 for each 300 square feet of usable floor area 1 for each staff member plus 2 for every 5 students or visitors 1 for each bed 1 for each room, plus one employee space for each 20 rooms, rounded to the next highest figure 1 for each 1,000 square feet of usable floor area 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 1 Page 54 of 67 Office, commercial and professional buildings, banks, dental and medical clinics Outdoor sports areas er Parka Places of public assembly, including auditoriums, exhibition halls, community clubs, community centers, and private clubs Post offices Public facilities, including libraries, police and fire stations Restaurant Restaurant, Fast food Retail Sales, Bulk Retail Sales, General MD:ksn 09 /24/2009 3 for each 1,000 square feet of usable floor area Shall be determined by Planning Commission The Director shall determine the number of required parking spaces, with a minimum of 1 space for every 100 square feet of assembly area. To ensure parking adequacy for each proposal, the Director may consider the following: a. A parking study or documentation paid for by the applicant and administered by the City regarding the actual parking demand for the proposed use, or b. Evidence in available planning and technical studies relating to the proposed use. 3 for each 1,000 square feet of usable floor area Shall be determined by the Planning Commission 1 for each 100 square feet of usable floor area 1 for each 50 square feet of usable floor area. Fifty percent of any outdoor seating area will be added to the usable floor area for parking requirement calculations. 2.5 for each 1,000 square feet of usable floor area 4 for each 1,000 square feet of usable floor area if located within the TUC or TVS zoning districts; 2.5 for each 1,000 square feet of usable floor area if located in any other zoning district. 1.5 for each staff member 12 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. Schools, Elementary 1 space per classroom Junior High 1 Shopping center (mall), planned, per usable floor area size, as listed below 500,000 sq. ft. or larger 5 for every 1,000 square feet 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 25,000 499,999 sq. ft. 4 for every 1,000 square feet 1 1 space per 50 parking Page 55 of 67 Taverns 1 for every 4 persons based on occupancy load. Theaters 1 space per 50 parking stalls, with a minimum of 2 spaces. Section 68. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.040, is amended to read as follows: 18.58.040 Permits Required A. No person may place, construct or modify a wireless communication facility subject to this Chapter without first having in place a permit issued in accordance with this Chapter. Except as otherwise provided herein, the requirements of this Chapter are in addition to the applicable requirements of TMC Title 18. B. Any application submitted pursuant to this Chapter shall be reviewed and evaluated by the Director for all projects located on public or private property. The Director of Public Works or his /her designee shall review all proposed wireless communication facilities that are totally within City right -of -way. If a project is both on private or public property and City right -of- way, the DCD Director shall review the application. Regardless of whether the DCD Director or the Director of Public Works is reviewing the application, all applications will be reviewed and evaluated pursuant to the provisions of this Chapter. C. The applicant is responsible for obtaining all other permits from any other appropriate governing body (i.e., Washington State Department of Labor and Industries, Federal Aviation Administration, etc.). D. This Chapter provides guidelines for the placement and construction of wireless communication facilities, not exempt as set forth in TMC Section 18.58.030 from its provisions and modification of wireless communication facilities. E. No provision of this Chapter shall be interpreted to allow the installation of a wireless communication facility to reduce the minimum parking or landscaping on a site. F. Wireless communication facilities that are governed under this Chapter shall not be eligible for variances under TMC Chapter 18.72. Any request to deviate from this Chapter shall be based on the exceptions or waivers set forth in this Chapter. G. Third Party Expert Review. Applicants use various methodologies and analyses, including geographically -based computer software, to determine the specific technical parameters of the services to be provided utilizing the proposed wireless communication facilities, such as expected coverage area, antenna configuration, capacity, and topographic constraints that affect signal paths. In certain instances, a third party expert may be needed to review the engineering and technical data submitted by an applicant for a permit. The City may at its discretion require an engineering and technical review as part of a permitting process. The costs of the technical review shall be borne by the applicant. H. The selection of the third party expert may be by mutual agreement between the applicant and the City, or at the discretion of the City, with a provision for the applicant and beneficially interested parties to comment on the proposed expert and review his /her qualifications. The third party expert review is intended to address interference and public safety issues and be a site specific review of engineering and technical aspects of the proposed wireless communication facilities and /or a review of the applicants' methodology and equipment used, and is not intended to be a subjective review of the site which was selected by an applicant. Based on the results of the expert review, the City may require changes to the application. The expert review shall address the following: 1. The accuracy and completeness of submissions; 2. The applicability of analysis techniques and methodologies; 3. The validity of conclusions reached; 4. The viability of other sites in the City for the use intended by the applicant; and Warehousing MD:ksn 09/24/2009 1 for every 4 fixed seats. If seats are not fixed, 1 per 3 seats, with concurrence of Fire Chief, consistent with maximum allowed occupancy. 1 for every 2,000 square feet of usable floor area stalls, with a minimum of 2 spaces. 1 space per 50 parking stalls, with a minimum of 2 spaces. 1 space per 100 seats, with a minimum of 2 spaces. Page 56 of 67 5. Any specific engineering or technical issues designated by the City. I. Any decision by the DCD Director, Director of Public Works, or Planning Commission shall be given substantial deference in any appeal of a decision by the City to either approve, approve with conditions, or deny any application for a wireless communication facility. J. No alterations or changes shall be made to plans approved by the Director, Director of Public Works, or Hearing Examiner Planning r s:: ra rion without approval from the City. Minor changes which do not change the overall project may be approved by the Director as a minor modification. Section 69. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.050, is amended to read as follows: 18.58.050 Types of Permits Priority-- Restrictions A. Applications will be reviewed based on the type of wireless communication facilities requested to be permitted. Each wireless communication facility requires the appropriate type of project permit review, as shown in Table A: TABLE A Type of Permit Required, Based on Type of Wireless Communication Facility Zoning" Type of Facility Residential Commercial Industrial Transmission tower co- location Type 1 Type 1 Type 1 Adding antennas to an existing tower Type 1 Type 1" Type 1 Utility pole co- location Type 2 Type 2 Type 2 Concealed building attached Type 2" Type 2' Type 1 Non concealed building attached Type 2 Type 2 Type 1 New tower or waiver request Type 3 4 (4) Type3 4 Type 3 4 (4) Zoning for any private /public property or right -of -way: Residential LDR, MDR, or HDR. Commercial O, MUO, RCC, NCC, RC, RCM, TUC, C /LI or TVS. Industrial LI, HI, MIC /L, or MIC /H. Provided the height of the tower does not increase and the square footage of the enclosure area does not increase. An applicant may request to install a non concealed building attached facility, under TMC Section 18.58.150. In the event of uncertainty on the type of a wireless facility, the DCD Director shall have the authority to determine how a proposed facility is incorporated into Table A. B. The priorities for the type of wireless communication facility shall be based upon their placement in Table A; most desirable facilities are located toward the top and least desirable facilities toward the bottom. Any application for a wireless communication facility must follow the hierarchy of Table A. For example, an applicant must demonstrate by engineering evidence that using a transmission tower co- location is not possible before moving to a utility pole co- location, and so forth, with the last possible siting option being a new tower or waiver request. C. The City's preferences for locating new wireless communications facilities are as follows: 1. Place antennas on existing structures, such as buildings, towers, water towers, or electrical transmission towers. 2. Place wireless communication facilities in non residentially -zoned districts and non- residential property. 3. Place antennas and towers on public property and on appropriate rights -of -way if practical, provided that no obligation is created herein for the City to allow the use of City property or public right -of -way for this purpose. 4. City Property/Public Rights -of -Way. The placement of personal wireless communication facilities on City-owned property and public rights -of -way will be subject to other applicable sections of the Tukwila Municipal Code and review by other departments (i.e., Public Works, Parks and Recreation, etc.). 5. Wireless communication facilities shall not be permitted on property designated as landmark or as part of a historic district. D. Applicants shall submit all of the information required pursuant to TMC Section 18.104.060 and the following: 1. Type 1- Applicant shall submit: MD:ksn 09/24/2009 Page 57 of 67 a. A completed application form provided by the Department of Community Development; b. Four sets of plans prepared by a design professional. The plans shall include a vicinity map, site map, architectural elevations, method of attachment, proposed screening, location of proposed antennas, and all other information which accurately depicts the proposed project. Minimum size is 8.5" by 11 Plans shall be no greater than 24" x 36 c. A letter from the applicant outlining the proposed project and an evaluation from the applicant with regard to the City's Code requirements; d. Sensitive Area studies and proposed mitigation (if required); e. If an outdoor generator is proposed, a report prepared by an acoustical engineer demonstrating compliance with TMC Chapter 8.22, "Noise and f. SEPA Application (if required). 2. Type 2 Applicant shall submit all information required for a Type 1 application, plus the following: a. Four sets of photo simulations that depict the existing and proposed view of the proposed facility; b. Materials board for the screening material; c. Landscaping plan; d. Letter from a radio frequency engineer that demonstrates that the facility meets Federal requirements for allowed emissions; e. If the facility is located within a residential zone, a report from a radio frequency engineer explaining the need for the proposed wireless communication facility. Additionally, the applicant shall provide detailed discussion on why the wireless communication facility cannot be located within a commercial or industrial zone; and f. If landscaping is proposed, four sets of a landscaping plan prepared by a Washington State licensed architect. 3. Type 3 4 The applicant shall submit all the information required for Type 1 and Type 2 applications, plus the following: a. All information required for new towers under TMC Section 18.58.070; b. The radio frequency engineer report shall include a discussion of the information required under TMC Section 18.58.070. The report shall also explain why a tower must be used instead of any of the other location options outlined in Table 1; c. Provisions for mailing labels for all property owners and tenants /residents within 500 feet of the subject property; d. Engineering plans for the proposed tower; e. A vicinity map depicting the proposed extent of the service area; f. A graphic simulation showing the appearance of the proposed tower and ancillary structures and ancillary facilities from five points within the impacted vicinity. Such points are to be mutually agreed upon by the Director of DCD and applicant. All plans and photo simulations shall include the maximum build -out of the proposed facility; g. Evidence of compliance with minimum Federal Communications Commission (FCC) requirements for radio frequency emissions; h. Evidence of compliance with Federal Aviation Administration (FAA) standards for height and lighting and certificates of compliance from all affected agencies; and i. Evidence that the tower has been designed to meet the minimum structural standards for wireless communication facilities for a minimum of three providers of voice, video or data transmission services, including the applicant, and including a description of the number and types of antennas the tower can accommodate. Section 70. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.060, is amended to read as follows: 18.58.060 New Towers A. New towers are not permitted within the City unless the Hearine Examiner Planning Commission finds that the applicant has demonstrated by a preponderance of the evidence that: 1. Coverage objective There exists an actual (not theoretical) significant gap in service, and the proposed wireless communication facility will eliminate such significant gap in service; and MD:ksn 09/24/2009 Page 58 of 67 2. Alternates No existing tower or structure, or other feasible site or other alternative technologies not requiring a new tower in the City, can accommodate the applicants proposed wireless communication facility; and 3. Least intrusive: The proposed new wireless communication facility is designed and located to remove the significant gap in service in a manner that is, in consideration of the values, objectives and regulations set forth in this chapter, TMC Title 18, and the Comprehen- sive Land Use Plan, the least intrusive upon the surrounding area. B. The Hearing Examiner Corn- icsicr_ shall be the reviewing body on the application to construct a new tower, and shall determine whether or not each of the above requirements are met. Examples of evidence demonstrating the foregoing requirements include, but are not limited to, the following: 1. That the tower height is the minimum necessary in order to achieve the coverage objective; 2. That no existing towers or structures or alternative sites are located within the geographic area required to meet the applicant's engineering requirements to meet its coverage objective (regardless of the geographical boundaries of the City); 3. That existing towers or structures are not of a sufficient height or could not feasibly be extended to a sufficient height to meet the applicants engineering requirements to meet its coverage objective; 4. That existing structures or towers do not have sufficient structural strength to support the applicant's proposed antenna and ancillary facilities; 5. That the applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing structures would cause interference with the applicants proposed antenna; 6. That the fees, costs or contractual provisions required by the owner or operator in order to share an existing tower or structure, or to locate at an alternative site, or to adapt an existing tower or structure or alternative site for sharing, are unreasonable. Costs exceeding new tower construction by 25% are presumed to be unreasonable; 7. That an alternative technology that does not require the use of a new tower, such as a cable microcell network using multiple low- powered transmitters /receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable; and 8. The applicant demonstrates other limiting factors that render existing towers and structures or other sites or alternative technologies unsuitable. All engineering and technological evidence must be provided and certified by a registered and qualified professional engineer and clearly demonstrate the evidence required. C. The Hearing Examiner after holding a public hearing, shall either approve, approve with conditions, or deny the application, or remand the application back to staff for further investigation in a manner consistent with the Hearing Examiner Planning Commission order. Section 71. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.160, is amended to read as follows: 18.58.160 Zoning Setback Exceptions A. Generally, wireless communication facilities placed on private property must meet setbacks of the underlying zoning. However, in some circumstances, allowing modifications to setbacks may better achieve the goal of this Chapter of concealing such facilities from view. B. The Director or Hearing Examiner Planning-Comniiasion, depending on the type of application, may permit modifications to be made to setbacks when: 1. An applicant for a wireless communication facility can demonstrate that placing the facility on certain portions of a property will provide better screening and aesthetic considerations than provided under the existing setback requirements; or 2. The modification will aid in retaining open space and trees on the site; or 3. The proposed location allows for the wireless communication facility to be located a greater distance from residentially -zoned (LDR, MDR, and HDR) properties. C. This zoning setback modification cannot be used to waive/ modify any required setback required under the State Building Code or Fire Code. Section 72. Ordinance Amended. Ordinance No. 2135 §1 (part), as codified at TMC Section 18.58.170, is amended to read as follows: MD:ksn 09 /24/2009 Page 59 of 67 18.58.170 Height Waivers A. Where the Hearing Examiner Plarsir.g gem.--,.;:.;ion finds that extraordinary hardships, practical difficulties, or unnecessary and unreasonable expense would result from strict compliance with the height limitations of the Zoning Code, or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve a height waiver to these regulations; provided the applicant demonstrates the waiver(s) will substantially secure the values, objectives, standards, and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan, and demonstrate the following: 1. The granting of the height waiver will not be detrimental to the public safety, health or welfare, or injurious to other property, and will promote the public interest; and 2. A particular and identifiable hardship exists or a specific circumstance warrants the granting of a waiver. Factors to be considered in determining the existence of a hardship shall include, but not be limited to: a. Topography and other site features; b. Availability of alternative site locations; c. Geographic location of property; and d. Size /magnitude of project being evaluated and availability of co- location. B. In approving the waiver request, the Hearing Examiner Rjc_ ling C'aira__iu ion may impose such conditions as it deems appropriate to substantially secure the objectives of the values, objectives, standards and requirements of this Chapter, TMC Title 18, and the Comprehensive Land Use Plan. C. A petition for any such waiver shall be submitted, in writing, by the applicant with the application for Hearing Examiner Pla using Conlinimion review. The petition shall state fully the grounds for the waiver and all of the facts relied upon by the applicant. Section 73. Ordinances Amended. Ordinance Nos. 2235 §15, 2118 §1, 2005 §17, 1865 §50 and 1758 §1 (part), as codified at TMC Section 18.60.030, are amended to read as follows: 18.60.030 Scope of Authority A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C. Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts, b. Developments in LI, HI, MIC /L, and MIC /H, except when within 300 feet of residential districts or within 200 feet of the Green /Duwamish River or that require a shoreline permit; 2. Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25 the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCC, NCC, RC, RCM, TUC and C /LI zoning districts; and b. for any site in the NCC, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18 -9); c. for anv multi- family structures in MDR and HDR zones. 3. Development applications using the procedures of TMC Section 18.60.060, "Commercial Redevelopment Areas." D. For development in the NCC, RC, and MUO zones within the Tukwila International Boulevard corridor, identified in TMC Figure 18 -9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project. Minor MD:ksn 09/24/2009 Page 60 of 67 amendments to an approved project may be permitted upon request to the Director where they do not substantially change the appearance, intensity or impacts of the project. Major amendments to an approved project will require submittal of a new design review application. A major amendment is a substantial change to elements of the approved plans, including substantially revised building design, alteration of circulation patterns or intensification of development on the site. Section 74. Ordinance Amended. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.96.030, is amended to read as follows: 18.96.030 Review of Zoning Compliance No department, official, or employee of the City shall issue an occupancy permit until there has been endorsed thereon certification of compliance with the applicable regulations of this title by the Director or his delegate. For the purposes of Chanter 18.96. an occupancy permit shall mean the review and recording of zoning compliance as accomplished throueh the buildine permit and business license application procedures. Section 75. Ordinances Amended. Ordinance Nos. 2235 §19, 2135 §19 and 2119 §1, as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and /or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions 1 TYPE OF PERMIT 1 DECISION MAKER 1 Any land use permit or approval issued As specified by ordinance by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) 1 Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) TYPE OF PERMIT Administrative Design Review (TMC Section 18.60.030) Administrative Planned Residential Development (TMC Section 18.46.110) MD:ksn 09/24/2009 Community Development Director Building Official 1 Community Development Director Community Development Director Community Development Director 1 Community Development Director Community Development Director INITIAL DECISION MAKER Community Development Director Short Plat Committee 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, City Council or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions APPEAL BODY (open record appeal) Board of Architectural Review Hearing Examiner Page 61 of 67 Binding Site Improvement Plan (TMC Chapter 17.16) Cargo Container Placement (TMC Section 18.50.060) Code Interpretation (TMC Section 18.90.010) Exception from Single- Family Design Standard (TMC Section 18.50.050) Modification to Development Standards (TMC Section 18.41.100) Parking standard for use not specified (TMC Section 18.56.100) Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Shoreline Substantial Development Permit (TMC Chapter 18.44) Short Plat (TMC Chapter 17.12) Sign Area Increase (TMC Section 19.32.140) Sign Permit Denial (TMC Chapter 19.12) Type 3 Decisions 1 TYPE OF PERMIT 1 Resolve uncertain zone district boundary Variance (zoning, shoreline, sidewalk, land alteration, sign) TSO Special Permission Use (TMC Section 18.41.060) 1 Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) MD:ksn 09/24/2009 Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director Community Development Hearing Examiner Director Community Development Director Hearing Examiner Community Development Director Short Plat Committee Community Development Director Community Development Director Hearing Examiner 1 Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner City Council Hearing Examiner Hearing Examiner State Shorelines Hearings Board Hearing Examiner Planning Commie ion Hearing Examiner Hearing Examiner Special Permission Parking, Community Development Hearing Examiner and Modifications to Certain Director Parking Standards (TMC Sections 18.56.065 and .070) Special Permission Sign, Community Development except "unique sign" (various Director Hearing Examiner sections of TMC Title 19) Wireless Communication Community Development Hearing Examiner Facility, Minor (TMC Chapter Director 18.58) 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Len 1 DECISION MAKER 1 APPEAL BODY 1 1 Hearing Examiner 1 Superior Court Hearing Examiner Superior Court Superior Court Superior Court Superior Court Superior Court Page 62 of 67 Variance from Parking Standards over 10% (TMC Section 18.56.140) Shoreline Conditional Use Permit (TMC Section 18.44.050) Subdivision Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Wireless Communication Facility. Maior or Waiver Reauest (TMC Chanter 18.58) 4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner or the City Council based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT Conditional Use Permit (TMC Chaptcr 18.61) Modifications to Certain Parking Standards (TMC Chaptcr 18.56) Public Hearing Design Review (TMC Chapter 18.60) Reasonable Use Exceptions under Sensitive Arco Ordinance (TMC Section 18.45.180 Shoreline Conditional Usc Fsrrrit fTMC °ec i on 18.41.050) Subdivision Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Unique Signs (TMC Section 19.28.010) V v .c. fr.,L. Parking Standards over 10% (TA1C °ec:ion 18.56.110) Wircic✓c C., mi nication Facility, MD:ksn 09/24/2009 Hearing Examiner Planning Commission Hearing Examiner Hearing Examiner INITIAL DECISION MAKER Planning-- Ecmrnission Planning Commission Board of Architectural Review Planning Commission Planning Commisnion Planning Commission Superior Court State Shorelines Hearings Board Superior Court Superior Court APPEAL BODY (closed record appeal) City Council Hearing Hear-ing-E*anlinef Hearing Examiner City Council City C: n State Shorelines Hearings Board Hearing Examiner City Council Planning Commission I Hearing Examiner City Council Planning Commission Hering Planining-Ce 0.yea City Council (TMC Chaptcr 18.58) 5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Type 5 Decisions TYPE OF PERMIT 1 DECISION MAKER 1 APPEAL BODY Planned Residential Development City Council Superior Court (PRD), including Major Modifications (TMC Chapter 18.46) 1 Rezone (TMC Chapter 18.84) 1 City Council 1 Superior Court 1 Sensitive Area Master Plan City Council Superior Court Overlay (TMC Section 18.45.160) Shoreline Environment Re- City Council Superior Court designation (Shoreline Master Program) Subdivision Final Plat (TMC City Council Superior Court Section 17.12.030) Page 63 of 67 Unclassified Use (TMC Chapter City Council 18.66) Superior Court Section 76. Ordinances Amended. Ordinance Nos. 2135 §20 and 1768 §2 (part), as codified at TMC Section 18.104.060, are amended to read as follows: 18.104.060 Application Requirements In order to comply with the requirements of RCW 36.70B.080 (which requires that the City specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which requires the City to determine whether applications are complete within 28 days of submission) and RCW 36.70B.090 (which requires the City to make a decision on a permit application within 120 days of determining the application is complete), the following standards for permit applications are established: 1. Applications shall be made by the property owner, lessee, contract purchaser, governmental agency, or by an authorized agent thereof. The Department shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications shall be considered complete as of the date of submittal upon determination by the Department that the materials submitted meet the requirements of this section. Except as provided in Subsections 2 and 4 of this section, all land use permit applications shall include the following in quantities specified by the Department: a. An application form provided by the Department and completed by the applicant. The applicant shall be allowed to file a consolidated application for all land use project permits requested by the applicant for the development proposal at the time the application is filed. b. If the water utility serving the site is an entity other than the City, a current Certificate of Water Availability from the water utility purveyor serving the site pursuant to TMC Section 14.36.010. c. Site percolation data approved by the Seattle -King County Department of Environmental Health pursuant to TMC Section 14.36.020 if the site is proposed for development using a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the site if the sewer utility serving the site is an entity other than the City. d. A site plan, prepared in a form prescribed by the Director. e. Proof that the lot or lots are recognized as separate lots pursuant to the provisions of TMC Title 17 and RCW 58.17. f. Any sensitive areas studies required by TMC Chapter 18.45. g. A completed environmental checklist, if required by TMC Chapter 21.04. h. A list of any existing environmental documents known to the applicant or the City that evaluate any aspect of the proposed project. i. A list of any permits or decisions applicable to the development proposal that have been obtained prior to filing the application or that are pending before the City or any other governmental entity. j. A storm water design which meets the requirements set forth in the Surface Water Design Manual adopted pursuant to TMC Section 16.54.060. k. For land use permits requiring a Type 3, 4 or 5 decision: Current Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing labels addressed to the owners thereof; and a set of mailing address labels addressed to the occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's addresses are not the same as the street addresses of the properties to which notice is required. In lieu of the mailing labels the aoolicant can Dav Dublic notice mailing fee as established by the Land Use Fee Schedule. 1. Legal description of the site. m. A soils engineering report for the site. n. Traffic study or studies, if required pursuant to TMC Chapter 9.48. o. A landscaping plan, if required by TMC Chapter 18.52. p. A tree- clearing plan, if required by TMC Chapter 18.54. q. A parking plan, if required by TMC Chapter 18.56. r. Design review plans and related documents, if required by TMC Chapter 18.60 or the Shoreline Master Program. MD:ksn 09/24/2009 Page 64 of 67 MD:ksn 09/24/2009 s. Verification of applicable contractor's registration number, if required by RCW 18.27.110. 2. The Director may waive any of the specific submittal requirements listed in this section that are determined to be unnecessary for review of an application. 3. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be subsequently undertaken. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department. 4. There are additional application requirements for the following land use permits, which must be provided in addition to the materials identified in this section in order for an application to be deemed complete: a. Land altering permit, see TMC Section 16.54.100, .110 and .230. b. Construction permits, see TMC Title 16, building and construction codes. c. Water system connections, see TMC Section 14.04.030. d. Sanitary sewer connection, see TMC Section 14.12.070. e. Flood control zone permit, see TMC Section 16.52.070. f. Short subdivisions, see TMC Section 17.08.030. g. Preliminary subdivisions, see TMC Section 17.12.020. h. Final subdivisions, see TMC Section 17.12.030. i. Binding site improvement plans, see TMC Section 17.16.030. j. Planned residential developments, see TMC Section 18.46.110. k. Sign permits, see TMC Section 19.12.020 and .030. 1. Shoreline substantial development permits, shoreline conditional use permits and shoreline variances, see TMC Chapter 18.44, RCW 90.58 and the applicable Shoreline Master Program. m. Wireless communication facility permits, see Chapter TMC Chapter 18.58. 5. The applicant shall attest by written oath to the accuracy of all information submitted for an application. The Department shall have the authority to require the applicant to submit a title report or other proof of ownership of the property or other proof of the applicant's authority to submit an application regarding the property. 6. Applications shall be accompanied by the payment of applicable filing fees, if any. Section 77. Ordinance Amended. Ordinance No. 1768 52 (part), as codified at TMC Section 18.104.080, is amended to read as follows: 18.104.080 Notice of Application Contents A. A Notice of Application shall be provided to the public and departments and agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions and for all Type 1 decisions which require SEPA review, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12. B. A Notice of Application shall be issued by the Department within 14 days following the Departments determination that the application is complete. C. If the Responsible Official has made a Determination of Significance (DS) under RCW 43.21 prior to the issuance of the Notice of Application, notice of the determination shall be combined with the Notice of Application. If a determination of significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of Application shall also include the scoping notice required by WAC 197 -11 -360. D. All required Notices of Application shall contain the following information: 1. The file number. 2. The name of the applicant and the owner of the property, if different than the applicant. 3. A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed. Page 65 of 67 4. A .,itc, p_, g V 11 inch paper if applicable A statement establishing a public comment period, which shall be 14 days for Type 1, 2, 3 and 4 decisions and 21 days for Type 5 decisions following the date of the Notice of Application, provided that a public comment period is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12, and further provided that the comment period for projects requiring a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW 90.58.140. 5. The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal rights. Any person may comment in writing on the application during the public comment period, and may participate by submitting either written or oral testimony, or both, at any hearings, and may request a copy of the decision once made. The Notice shall specify any appeal procedures that apply to the permit application. 6. For Type 5 decisions, the date, time and place of the public meeting required by TMC Section 18.112.120 and an explanation of the purpose of and procedure to be followed at such meeting. 7. The date, time place and type of hearing, if applicable and scheduled at the time of notice. 8. The identification of other permits not included in the application to the extent known by the Department. 9. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and for determining consistency with applicable City requirements. E. Additional information is required by RCW 90.58 for Notices of Application for projects which require a Shoreline Substantial Development permit. F. Except for a determination of significance, the Department shall not issue a threshold determination pursuant to RCW 43.21C, and the Department shall not issue a decision or a recommendation on the application until the expiration of the public comment period on the Notice of Application. Section 78. Ordinances Amended. Ordinance Nos. 1991 §13, 1834 §8 and 1768 §2 (part), as codified at TMC Section 18.104.090, are amended to read as follows: 18.104.090 Notice of Application Procedure Notice of Application shall be provided as follows: 1. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA review, the Notice of Application shall be mailed to the applicant and to departments and agencies with jurisdiction, except that a Notice of Application is not required in the case of a Code Interpretation pursuant to TMC Section 18.96.010 or a Sign Permit Denial pursuant to TMC Chapter 19.12. 2. For Type 1 decisions and Type 2 decisions which require SEPA review, the Notice of Application shall be provided by posting pursuant to TMC Section 18.104.110, provided that the Notice of Application for a Type 1 decision involving a single- family residence need not be posted but shall be published one time in a newspaper of general circulation in the City. 3. For short plats of 5 through 9 lots and Type 3, 4 and 5 applications, the Notice of Application shall be posted pursuant to TMC Section 18.104.110 and mailed pursuant to TMC Section 18.104.120. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. 4. For applications which require any Shoreline permit, additional notice shall be provided as required by RCW 90.58. 5. For preliminary plats, additional published notice shall be provided as required by RCW 58.17.090(a). 6. The Director shall have the discretion in unusual circumstances (i.e., lengthy utility corridor or right -of -way construction projects) where posting and mailed notice would be impractical, to require the notice of application to be published in a newspaper of general circulation in the area where the proposal is located, in lieu of posting and mailed notice 7. Email notification can substitute for large mailings where the parties of record were informed about this form of notification and the" elected to receive information electronically. Section 79. Ordinance Amended. Ordinance No. 1768 §2 (part), as codified at TMC Section 18.104.120, is amended to read as follows: 18.104.120 Mailed Notice MD:ksn 09/24/2009 Page 66 of 67 A. Mailed notice shall be issued by first clax, mail the Department within 14 days following the Department's determination of completeness as follows: 1. To owners of record of property within 500 feet of the site, and to the occupants thereof to the extent the street addresses of such properties are different than the mailing addresses of the owners. 2. To any agency or tribe which the Department may identify as having an interest in the proposal. 3. To any other party of record. B. Mailed notice shall be considered supplementary to posted notice and be deemed satisfactory despite the failure of one or more persons to receive mailed notice. Section 80. Ordinances Amended. Ordinance Nos. 1991 §14 and 1768 §2 (part), as codified at TMC Section 18.104.160, are amended to read as follows: 18.104.160 Hearing Scheduling Notice of Hearing A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4 decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of TMC Section 18.104.120. Notice requirements for secure community transition facilities shall be in accordance with RCW 71.09.315 as amended. In addition, at least 14 days before such hearing, the Director shall post the Notice of Hearing on any posted notice board(s) erected pursuant to TMC Section 18.104.110. Such Notice of Hearing shall include the following information: 1. The file number. 2. The name of the applicant. 3. A description of the project, the location, a list of the permits included in the application, and the location where the application, the staff report, and any environmental documents or studies can be reviewed. 4. A cite plan on 3 'h x 11 inch paper if applicable The date, time, place and type of hearing. 5. The phone number of the Department and the name of the staff person who can provide additional information on the application and the hearing. B. The Director shall have the discretion to include additional information in the Notice of Hearing if the Director determines that such information would increase public awareness or understanding of the proposed project. C. Email notification can substitute for large mailings where the parties of record were informed about this form of notification and they elected to receive information electronically. Section 81. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 82. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five (5) days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney MD:ksn 09/24/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 67 of 67 Absent: Commissioner; Chuck Parrish Chair Malina opened the worksession at 7:00 PM. PLANNING COMMISSION (PC) WORKSESSION MINUTES JUNE 25, 2009 The meeting was called to order by Chair Malina at 7:00 PM. Present: Chair, George Malina; Vice Chair, Bill Arthur; Commissioners, Allan Ekberg, Margaret Bratcher, Lynn Peterson and Brooke Alford Representing City Staff: Nora Gierloff, Minnie Dhaliwal and Wynetta Bivens Minnie Dhaliwal, Planning Supervisor, Department of Community Development, addressed miscellaneous code housekeeping issues that she stated needed to be clarified in the code. She said that after staff receives policy directions from the Planning Commission, staff will return with an ordinance. Then a public hearing will be held on the ordinance. The CAP was briefed on these issues and once the Planning Commission has made a recommendation it will be forwarded to the City Council. 1. Currently churches are listed as a Conditional Use in a number of zones in the city. However, there are approximately 30 small churches operating in single story retail strip mall locations without a Conditional Use Permit. However, there are no impacts, parking or fire safety issues. Staff is recommending amending the definition of a religious facility to read: "A facility operated for worship, prayer, meditation or similar activity by an organization granted tax exempt status by the IRS." Staff has proposed three policy options on the approval process for a religious facility in a non residential zone as listed in the June 26, 2009 staff report. Staff recommends option A "Religious facilities where no more than 50 attendees regularly gather at one time could be permitted outright, subject to meeting all applicable building and fire codes." A Conditional Use Permit would still be required if there are more than 50 attendees and/or in residential zones. Approved Option A. 2. Landscaping Chapter Staff recommends two updates, as listed in the June 26, 2009 staff report, to provide clarity and to streamline the permit process. Approved. 3. Permit Application Types and Procedures section of the TMC. Page 2 of 3 Planning Commission Minutes June 25, 2009 Staff recommends seven (a -al updates, as listed in the June 26, 2009 staff report. a) There was concern expressed regarding: procedures related to Notice of Application and Notice of Hearing 8 Y2 x 11 mailings being replaced with a postcard. Suggestions from PC: 1) Consider using color postcards; 2) Strike the words, "and web site updates" b) Approved. c) Approved. d) Preliminary approval for a Subdivision pertaining to Design Review projects shall be made by the PC and is forwarded to CC for final approval. e) Approved. f) It was clarified that the length of time for Short Plats and Boundary Line Adjustment applications is one year with a one year extension. g) Approved with one revision remove the following verbiage, "Parking determination for City Parks is to be made by the PC." 4. Miscellaneous code amendments Staff recommends eight (a -h) amendments, as listed in the June 26, 2009 staff report. a) Approved. b) PC was concerned this amendment would create difficulty for small projects. c) PC asked staff to look at the legislative history as it may be intentional. d) Staff will research this recommendation further. e) PC recommended that staff look into establishing different size thresholds based on the lot sizes. f) Approved. g) PC recommendation Allow up to four lots to include the private road area in the lot area calculation to meet minimum lot size requirements. h) Approved. 5. Department of Community Development code interpretations that date back to 1970's and 80's. Staff recommends codifvina seven codes, as listed in the June 26, 2009 staff report. (If applicable) a) Staff needs to provide the current height definition to the PC. b) Approved. c) Approved. d) Approved. e) Approved with the addition of vegetation. f) Approved. h) Approved. 6. Correct typos or incorrect references (a j), as listed in the June 26, 2009 staff report, through out the code. A public hearing will be held on the proposed changes to the code amendments on July 23, 2009. An ordinance with the revisions to the code language will be prepared for the public hearing. DIRECTOR'S REPORT Nora noted that she sent the PC an email regarding the language for temporary Chair, which was provided from Shelley Kerslake. Discussion will take place on the issue at a later date. In consideration of violation of the open public meetings act in the future information Nora sends to the PC via email will be sent to them individually and PC should respond individually. There cannot be a quorum sending /responding to discussions. A handout was provided regarding the pitfalls of emails. Page 3 of 3 Planning Commission Minutes June 25, 2009 Staff is working on the TUC Update and will be meeting with EcoNorthwest, the economic consultant to determine how studies can be updated. PC was polled regarding scheduling a worksession on July 8, 2009 with the economic consultant to give the PC the opportunity to meet them and have a Q &A session. Adjourned: 10:40 PM Adopted: 7/23/09 Submitted By: Wynetta Bivens Secretary PLANNING COMMISSION PUBLIC HEARING MINUTES AUGUST 27, 2009 The meeting was called to order by Chair Malina at 7:00 PM Present: Chair, George Malina; Vice Chair, Bill Arthur; Commissioners, Chuck Parrish, Allan Ekberg and Lynn Peterson Absent: Commissioner Brooke Alford and Margaret Bratcher Representing City Staff: Nora Gierloff, Rebecca Fox, Minnie Dhaliwal and Wynetta Bivens DRAFT COMMISSIONER PARRISH MADE A MOTION TO ADOPT THE PUBLIC HEARING MINUTES FROM JULY 23, 2009. COMMISSIONER ARTHUR SECONDED THE MOTION; THE MOTION WAS UNANIMOUSLY APPROVED. Chair Malina swore in those wishing to testify. PLANNING COMMISSION PUBLIC HEARING Chair Malina opened public hearing. CASE NUMBER: L09 -028 APPLICANT: City of Tukwila REQUEST: A series of proposed housekeeping code amendments ranging from code clarification to policy decisions regarding allowed uses and development standards. LOCATION: City wide Minnie Dhaliwal, Planner, Department of Community Development, gave the presentation for staff. The PC were previously briefed on the code amendments and provided staff some direction on the proposed changes and requested staff return with modification to some codes. Two additional items were added since the PC was briefed. One pertained to land use decisions and decision makers, and based on the recommendations of the Insurance Authority that recommended that the quasi-judicial decisions are made by the Hearing Examiner; the second item relates to hotel /motel definitions. The City Attorney is in agreement with the Insurance Authority's recommendations. Staff conducted a review on substantive code issues to determine what could be moved to the Hearing Examiner and what would create a problem. It was determined that it was not appropriate for Design Review items to go to the Hearing Examiner. Therefore, staff recommended that Design Review is not moved to the Hearing Examiner until such time that substantial changes are made to design review criteria. In an attempt to cleanup the definition of hotels and motels, which are not consistent with the building code, it was determined that extended -stays need to be defined. Staff clarified that there was a third item added to the list previously reviewed by PC. This was related to adding some language that the applicant shall be responsible for payments when peer review studies need to be completed for noise reports, lighting plans, and parking demand studies. Then there was discussion of proposed changes that were previously reviewed by the PC and PC asked for additional information or there was consensus on the proposed changes. Page 2 of 3 Planning Commission Minutes August 27, 2009 1. Definition for religious facilities and the allowance of smaller facilities as permitted uses. There were three options and PC had consensus on staffs recommendation for option A. 2. Landscaping Chapter. PC had consensus on staff's recommendation. 3. Permit Application Types and Procedure section of TMC. PC requested to see samples of the postcards for mailings. Staff provided samples. Applicant may choose to pay City to generate mailing labels. Staff has the ability to create labels in GIS. Changes were incorporated in the ordinance. PC is the decision maker for preliminary approval for Sub Divisions. Final approval is City Council. Thresholds for Design Review multi family and remodels captured. Parking Determination for Parks was kept at an administrative decision. 4. Other miscellaneous code amendments. Paving requirements, parking allowed in the rear of a single family home as long as there is an alley in the back. Staff did not return with any other changes to the paving because there is language in the code that is sufficient. Mixed use office zone. PC expressed concern about lowering height to three stories and 35 ft. Staff revised the proposed to four stories and 45 ft. Recycling storage space 1 1 sq. ft. is consistent with other jurisdictions, no changes proposed. Garages and sheds being accessory structures. Concern expressed regarding proportion size of garage to size of lot. PC suggested that the current code not be changed and to schedule a separate meeting to continue discussion for future changes. Staff suggested this item be pulled and come back to the PC when future code amendments come to the PC. Language added on accessory uses, `other uses similar to and being consistent with the policies of the Comprehensive Plan.' Lot area definition. PC gave directions to allow 4 lot short plats to include the area of the private road in the lot area; the definition of `lot area' was changed so this is reflected. Change: Definition needs to include fire access roads, which is included in the ordinance. PC had consensus with the change. Building Height. No changes to the definition, parapets not included. 5. Code Interpretations Occupancy Permit. Clean up changes made. Parking stalls. PC wanted to treat compact stalls and regular stalls the same, allow both to have 2 ft. overhang in the landscape area, change reflected. Front yard landscape. No comments. Sight distance requirements for fences on corner properties. Reference to the AASHTO in Public Works Design Manual. No changes necessary. Limited access state routes such as I -5 and I -405 be considered as street under the street definition for the purposes of determining the type of lot. Changes incorporated in the Ordinance. Define and set policy for temporary portable office structures. PC recommendation was to allow the underline zoning to regulate the placement and aesthetics of these structures. No changes needed to the code. 6. Corrections Correction of typos or incorrect references through out the code can be corrected as part of the codifying process and do not need to be included in the ordinance. (6,a j) 7. Definition of hotel and motel Definition Revised definitions were provided in hard copy at the public hearing. Changed to add the 30 day limitation in order to be consistent with the building code. Therefore, a new definition for extended -stay was added for stays longer then 30 -days. Additional changes: verbiage regarding kitchens, the number of units and language about requiring bathrooms Page 3 of 3 Planning Commission Minutes August 27, 2009 Commissioner Ekberg proposed changing the 18 inches overhang into the setback to 24 inches. Commissioner Peterson recommended leaving the overhang at 18 inches. Don Tomaso, Fire Marshall, City of Tukwila stated that houses built in the areas that were incorporated from King County have 24 inch overhangs. Commissioner Malina requested that the 18 inches of overhang be changed to 24 inches. Four were in favor of the change and Commissioner Peterson was opposed. Staff asked for clarification that in addition to the roof eaves if other overhangs such as bay windows should also be allowed 24 inches within the setback. Commissioner Malina stated yes. Commissioner Ekberg pointed out the corrections: On the top of page 2, 3` sentence, after `through' add the word `lot'. In the 4 sentence after word `connected' add the word `to'. On page 3, section 18.06.585, add RVs to line 4. On bottom of page 3, change 18 inches to 24 inches. Section 3, pull for future discussion. Page 79, keep Planned Residential Development as a City Council decision. Staff changes: Page 80, Shoreline Conditional Use Permit. Move to Hearing Examiner as decision maker. Page 80, Wireless Communication Facility, Major. Move to Hearing Examiner as decision maker. Explanation was given on who the Hearing Examiner is and their responsibilities. In summary there were five changes to the ordinance: Hotel/Motel Definition Fire Access Road Change 18 inches of overhang in setback to 24 inches. Decision Makers No changes to the garage size. COMMISSIONER MAUNA MADE A MOTION TO APPROVE CASE NUMBER L09 -028 ON STAFF'S FINDINGS, CONCLUSIONS AND RECOMMENDATIONS AND CHANGES TO THE ORDINANCE. COMMISSIONER ARTHUR SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT Meeting adjourned: 10:35 PM Submitted by Wynetta Bivens, Secretary Community Affairs Parks Committee Minutes September 14. 2009 Paae 2 Staff reviewed, in detail, the Urban Renewal Overlay District Chapter 18.50.170. The Committee members asked clarifying questions as appropriate. UANIMOUS APPROVAL. FORWARD TO OCTOBER 12 COW FOR PUBLIC HEARING DISCUSSION. B. Housekeenina Code Amendments Staff is seeking full Council approval of an ordinance amending Title 17: Subdivision and Plats and Title 18: Zoning Code of the Tukwila Municipal Code (TMC). The proposed amendments incorporate changes ranging from code clarification to updating development regulations and permit processes. The proposed amendments relative to TMC Titles 17 and 18 have been reviewed by the Planning Commission, and a public hearing for such was held on August 27, 2009. The amendments include changes, updates and/or additions including but not limited to: Hotel/Motel/Extended Stay Religious Facility Permit Types Procedures Landscaping Parking In the WCIA 2009 Annual Review Audit Recommendation, WCIA suggested amending the Permit Types and Procedures section to transfer quasi-judicial land use matters to a hearing examiner (currently heard by the City Council and/or Planning Commission). In regards to this suggestion, DCD staff recommends a gradual transition of quasi-judicial matters to a hearing examiner. Certain quasi-judicial decisions, such as design review, unclassified use permits, and rezones, will continue to be made by the City Council and/or Planning Commission until a time that substantive charges are made to approval criteria. Planning Commission Recommendation: The Commission recommends approval of the amendments as summarized in the Informational Memo included in the CAP Agenda Packet, page 35. UNANIMOUS APPROVAL. FORWARD TO SEPETMBER 28 COW FOR DISCUSSION III. MISCELLANEOUS Meeting adjourned at 5:56 p.m. Next meeting: Monday, September 14, 2009— 5:00 p.m. Conference Room #3 Committee Chair Approval M utes b, KAM. CAS NUMRI;:R: SP( )NS()R'S SUNIML\RY the status on public outreach. RI I I M I T) BY COW Mtg. CA &P Cmte Utilities Cmte Arts Comm. DATE: N/A RECOMMENDATIONS: SPONSOR /ADMIN. Council President C( )MNIFIT ?1 Fund Source: Comments: 04_I3q EYPI?ND11'ulu R1 QUIRI D 1 MTG. DATE I 09/28/09 MTG. DATE 09/28/09 No attachments COUNCIL AGENDA SYNOPSIS Initials iVleetino Date Prepared by I Mayor's review Council review 09/28/09 CO ITEM INFORMATION ORIGINAL AGENDA D,\'I'F:: SEPTEMBER 28, 2009 AGI ?ND,\ I'I'I,M TITLE Update on latest developments on potential flooding due to issues regarding the Howard Hanson Dam C.v1'I GORY Discussion n Motion Resolution n Ordinance 1 I Bid Award 1 Public Heariq Update illtg Date Altg Date illtg Dote Mtg Date illtg Date n F &S Cmte Parks Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS ITEM No. illtg Date Mtg Date 09/28/09 SPONSOR Council Mcyor Adm Sven n DCD Finance n .Fire Legal n P &R Police 1 1 PW II Staff will provide an update on recent developments associated with the dam, to include n Transportation Cmte Planning Comm. APPROPRIATION REQUIRED CAS NU M11?R: S SUMMARY Fund Source: Comments: 1 MTG. DATE 9/28/09 10/05/09 MTG. DATE 9/28/09 10/5/09 CO UNCIL AGENDA SYNOPSIS Initiate Meetin Date Prepares/ by Mayors review Council review 09/28/09 SH 1 �-C�A' 1 SH ITEM INFORMATION ORIGINAL AG1?NDA D, \'1'I SEPTEMBER 28, 2009 AGI ?ND,\ ITPAITrrLE A resolution authorizing the cancellation of outstanding claims for 2009. Di.cu.;ion Motion Resolution Ordinance Bid Award illtg Date 09/28/09 M11tg Date Mlltg Date 10/5/09 Mtg Date illtg Date Council Mayor 1 1 Adm Svcs DCD .Finance Fire Legal P&R Police PIP" The resolution authorizes the cancellation of outstanding claims (unclaimed property). The unclaimed property will be remitted to DOR, and made available to the responsible party through the State. This is an annual process authorizing remittance of unclaimed property to the State. The Council is being asked to approve the resolution for cancellation of outstanding claims. RI M 13Y COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 1 1 Parks Comm. Planning Comm. DATE: 9/22/09 RECOMMENDATIONS: SPONSOR /ADMIN. Finance Department COMM1YI F,1,. Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EXPI?NUl'1'URI RIsQUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED 1 RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/17/09 Resolution in Draft Form Attachment A DOR Unclaimed Property Reporting 2009 Unclaimed Property Summary Detail Report Minutes from Finance and Safety Committee meeting of 9/22/09 ITEM No. Public Hearing Other ilitg Date Mtg Date TO: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Finance Safety Committee FROM: Shawn Hunstock, Finance Directo Finance Department DATE: September 17, 2009 SUBJECT: 2009 Reporting and Remittance of Abandoned Property to the WA State Department of Revenue Unclaimed Property Section Jim Haggerton, Mayor Annual write -off of outstanding and unredeemed General Fund accounts payable claims and payroll checks, Municipal Court checks, and Foster Golf Course gift cards. Each year, the City of Tukwila holds abandoned or unclaimed property that is owed either to individuals or business vendors that must be reported by November 1st to the Washington State Department of Revenue Unclaimed Property Section. All local governments are required to report all unclaimed property except unclaimed restitution. Unclaimed restitution is submitted to the County Treasurer who is required to report and send the funds to the State Treasurer for the Crime Victims Fund each month. The dormancy or abandonment period of all accounts payable claims and payroll checks is one year; Municipal Court checks have an abandonment period of two years; and gift cards have an abandonment period of three years. Current Finance Department policy dictates that all abandoned or unclaimed property be reported and remitted annually to the Washington State Department of Revenue Unclaimed Property Section through the Council approved resolution process. The advantages to the City for remitting the funds annually to the Department of Revenue are as follows: Property remitted by the City is indemnified The City is no longer responsible for the tracking of funds There is little -to -no research or contact with claimants by the City as this is now maintained through the Department of Revenue The annual proposed resolution totaling $4,602.33 reflects amounts deemed as abandoned or unclaimed property. For the 2009 unclaimed property report year, remittance of abandoned General Fund Accounts Payable claims checks total $1,348.59; payroll checks total $196.01; and Municipal Court checks total $195.51. Additionally, Foster Golf Course unclaimed gift cards total $2,862.22. INFORMATIONAL MEMO Page 2 To the extent possible, those individual property owners with unclaimed accounts payable claims, payroll, and /or Municipal Court checks of $50.00 or more, have been notified by the City through the "good faith" effort of being served due diligence letters. These individual property owners have either not responded to the due diligence notifications and /or cannot be located in order to claim their property. Unlike Accounts Payable claims, payroll and Municipal Court checks, property owners of Foster Golf Course gift cards cannot be located and the process of serving due diligence notification is, therefore, omitted. RECOMMENDATION The attached proposed resolution and its attachments will authorize the annual cancellation of unclaimed General Fund accounts payable claims /payroll checks, Municipal Court checks, and Foster Golf Course gift cards. By way of this informational memo being presented to members of the Finance Safety Committee this day, please forward as follows: Committee of the Whole Meeting scheduled for September 28, 2009 Regular Council Meeting scheduled for October 5, 2009 ATTACHMENTS Proposed Draft Resolution 2009 Attachment "A" to Resolution 2009 Unclaimed Property Summary Detail Report H:1Lily's General Working Folder\Unclaimed Property 2009 \InfoMemo.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE CANCELLATION OF OUTSTANDING GENERAL FUND CLAIMS AND PAYROLL CHECKS, MUNICIPAL COURT CHECKS, AND FOSTER GOLF GIFT CARDS. WHEREAS, the State of Washington, Department of Revenue Unclaimed Property Section, for the reporting year 2009, requires a one -year dormancy period for outstanding General Fund claims and payroll checks, a two -year dormancy period for municipal court checks, and a three -year dormancy period for gift cards; and WHEREAS, the City Finance Department has made all reasonable attempts to resolve the outstanding, unredeemed General Fund claims and payroll checks, municipal court checks, and Foster Golf gift cards; and WHEREAS, the City Council of the City of Tukwila wishes to cancel all outstanding, unclaimed General Fund claims and payroll checks issued prior to July 1, 2008, municipal court checks issued prior to July 1, 2007, and Foster Golf gift cards issued prior to July 1, 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council authorizes the cancellation of General Fund claims and payroll checks, municipal court checks, and Foster Golf gift cards, as detailed on Attachment A and the unclaimed property summary Detail Report. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W: \Word Processing Resolutions Outs Warrants 2009.doc LJ:kn 9/17/2009 DRAFT Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachments: Attachment A, Washington State Department of Revenue 2009 Unclaimed Property Reporting (1 page) 2009 Unclaimed Property Summary Detail Report (3 pages) Page 1 of 1 Attachment "A" WA State Department of Revenue 2009 Unclaimed Property Reporting ID NUMBER DATE VENDOR AMOUNT 000 General Fund Claims Various Various Aggregate- Various (Claims Checks under $50) $165.00 #324673 07/03/06 Wendy I. Jans 193.20 324918 07/17/06 Fish Gallery Pets 54.38 335138 11/05/07 David Patton 100.00 335627 12/03/07 Kevin L. Johnson 276.25 338285 04/07/08 Kevin L. Johnson 306.25 339516 06/02/08 Kevin L. Johnson 253.51 Total Claims Checks $1,348.59 Payroll 513890 07/20/07 Brian Allen $19.14 514273 09/05/07 Michelle Bennett 59.21 514295 09/05/07 Joseph Larsen 117.66 Total Payroll Checks $196.01 Municipal Various Various Aggregate- Various (Court Checks under $50) $20.51 Court 12274 09/20/06 Normandy Court Apts. 100.00 12281 10/04/06 Braulio Navarrete- Chavero 75.00 Total Municipal Court Checks $195.51 General Fund Grand Total All Checks: $1,740.11' 411 Foster Golf Course Gift Cards Various Various 103 qty. miscellaneous gift cards 411 Fund Total: $2,862.22 $2,862.22 GRAND TOTAL: $4, 602.33 00 9 unclaimed Property filing Yea Chet n to report tor 2 TreasuCer s checks ding treasurer's ch Treasurer Checks, tion: No o utstand in g Total pescr Oer Pro e wn Genera'OQt) Fund= Cairns Cie Check N Date 07103106 #324673 07117106 324 10101 334209 10115107 334617 10115107 334 10115 334755 10122107 334 111051 335071 11105 335138 12103107 335627 12124!07 336136 12124107 3362 0310310 337 04107 338285 05105106 338812 05105108 338$54 05105! 338946 06102i06 33 9516 Unclaimed Pry erg 2009 ar Detail Report Wendy 1. Jane pets Fish Gallery Penny Brooks Shakeel K Jay Singh Step anov Mikhail Gonzalez Loyola Sheilon Arturo Gonz d pavld Patton Kevin 1_. Johnson A. Baker Nkunz1 Joseph K. Schilling Mitsue K Kevin 1-• Johnson Jennifer B elanis Lisa Coop G {egory J ohnson Kevin L. Total General Fund Claims Checks: T hec k$: Total All Claims C Svcs.-Community Center cs 0 6130106 Instructional is 834 241, Class V Invoice Cntr. Adult Fitness Refund Comm. Juror Fee Juror Fee Juror Fee Juror Fee a e Deposit Juror Fee Comm. Center Dui Center Refund i na vcs -Com Instructio Juror Fee e osit Juror 'Fee Center 0 n e Deposit Refund S vcs. Comm Instructi Juror Fee Juror Fee Community Center Juror Fee Instructional Svcs All code: CKp4 8 ,0 00 0.00 $193.20 54.36 400 10.0 10.0 10.0 10.0 10.0 100. 276.2 10.0 10.00 25.00 30 10. 10.0 10.0 25 General Fun All code: CK06 i lej 09/1712009 3 PM pa roll Claims Check No. Date 0712 #513 0 910510 7 514273 09105107 5142 Nlunici al Court Checks-Date Checktlo• 08110 #12250 08125106 12264 09120106 12274 10104106 122 1 410510 6 12282 10131106 12245 12129106 12340 12129106 123 10 12343 12129 pro ert G Brian Allen Michelle Bennett Joseph La rsen pescri tlon: 0711512007 Payroll 0813112007 Payroll 0813112007 Payroll Total Payroll PrO e Overpayment Court Fee Martin Reynol Bail Refund Nicholas e b D Restitutio Debra n C ourt Apts gait Refund t Court Fee C Fee Normandy Chavero men ar rete- Overpaym verpaY t Claims pescrl -"ion: t W ner• Braulio Kalla Canter Billadeau Jeffe Melissa -Tuani II Lonzell R. Jr. Leon Alexand Total Municipal Court Checks: Overpaym Overpayment Coin Fee Overpayment Court Fee Overpaym ve p yment Court Fee 4111 F wn property owners) Course Gift Cards 103 qty. miscellaneous ty •miscellaneous gift cards Golf Date unknow Gift Card No• Various (M variously named Fund: Various Gift Cards 411 F Total Go t{ bourse G a nd Golf Gift Cards: Treasurer Court Checks an be sent to County a1 C e Municip ittanc M ary: payroll, all other Check #12274, rem state: Court Restitutorted a nd Remitted to 2009 ort Year Summar Claims Rem-- Municipal Go a Reporte Grand Total to b Property Summary R eport 2009 Unclaimed Page 2 1914 59.2 117.6 $2,862. $2 8 6 All General Fund All General Fund .00 1 .50 S de: MS16 Treasurer) 100.00 (To be 75.0 1.00 0.01 10.0 2.00 1.00 $1 $4,50 100.0 411 Fund All Code: MS12 lej 09/1712009 3 :3 PM ID Number General Fund: Claims Payroll Municipal Court #324673 324918 335138 335627 338285 339516 #513890 514273 514295 Date Various 07/03/06 07/17/06 11/05/07 12/03/07 04/07/08 06/02/08 07/20/07 09/05/07 09/05/07 #12250 08/10/06 12264 08/25/06 12274 09/20/06 12281 10/04/06 12282 10/05/06 12295 10/31/06 12340 12/29/06 12341 12/29/06 12343 12/29/06 Vendor Aggregates- Various Wendy I. Jans Fish Gallery Pets David Patton Kevin L. Johnson Kevin L. Johnson Kevin L. Johnson Brian Allen Michelle Bennett Joseph Larsen (under$50) Nicholas Martin Reynolds Debra Webb -Davis Normandy Court Apts. Braulio Navarrete Chavero Kalla Canter Jeffery Scott Billadeau Melissa Tuani Lonzell R. Hill, II Leyton Alexander, Jr. Total General Fund All Instructional Svcs.- Community Center Vendor Invoice #834241, 06/30/06 Refund Comm. Center Damage Deposit Instructional Svcs. Community Center Instructional Svcs.- Community Center Instructional Svcs.- Community Center Total Claims 07/15/2007 Payroll 08/31/2007 Payroll 08/31/2007 Payroll Overpayment Bail Refund Restitution Bail Refund Overpayment Overpayment Overpayment Overpayment Overpayment Total Payroll Court Fee Court Fee Court Fee Court Fee Court Fee Court Fee Total Municipal Court 2009 Unclaimed Property Summary Report Page 3 Amount $165.00 193.20 54.38 100.00 276.25 306.25 253.51 $1,348.59 $19.14 59.21 117.66 $196.01 $5.00 1.50 100.00 75.00 1.00 0.01 10.00 2.00 1.00 $195.51 $1,740.11 lej 09/17/2009 3:31 PM FINANCE AND SAFETY COMMITTEE Meeting Minutes September 22, 2009 5:00 p.117. Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Shawn Hunstock, Bob Giberson, and Kimberly Matej Guests: Jeremy Eide CALL TO ORDER: Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. City of Tukwila Finance and Safety Committee II. BUSINESS AGENDA A. Seattle Southside Visitor Center Lease This item has been removed from the Committee Agenda, per agreement of the full Council at the Regular Council meeting on September 21, 2009. Since the Seattle Southside Visitor Center Lease is currently in draft form and changes at the staff level are anticipated, Council felt it would be more efficient to review the item once staff has made final changes. Due to time constraints, this item will move directly to the next scheduled COW on September 28, 2009 instead of returning to Committee on October 6. FORWARD TO SEPTEMBER 28 COW FOR DISCUSSION. B. Resolution Ordering the Cancellation of Outstanding, General Fund Claims and Payroll Checks, Municipal Court Checks and Foster Golf Gift Cards, Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which will be reported to the Washington State Department of Revenue by November 1, 2009. This year's cancellations total $4,602.33. All cancellations will be remitted to the Washington State Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. C. Resolution Opposing Initiative 1033 At the request of the City Council, staff is bringing forward a resolution which opposes Initiative 1033 (I- 1033). Initiative 1033 is scheduled to be on the November 3 General Election ballot. If approved, I -1033 would limit the growth of state, county and city revenue to the annual inflation and population growth. Committee members suggested adding additional language to the resolution that would strengthen the understanding of the initiative's impact on the City, including identifying basic levels of service (i.e.: fire and police) and recession concerns. The Committee discussed possible ways of notifying voters of the importance of opposing this initiative. Shawn Hunstock, Finance Director, will follow -up with the City Attorney to address some of these suggestions and will report out at the September 28 COW. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. D. Ordinance and Policy Regarding Utility Leak Adiustments Staff is seeking full Council approval of a policy, and subsequent approval of an ordinance, that will provide utility customers with occasional fiscal relief on their water and /or sewer bill due to high consumption as a result of a water leak. CAS NUMB!?R: C.\'t'1?(;O SP( )NS()R'S SUI\1i\I. \ltl' Fund Source: Comments: MTG. DATE 9/28/09 10/05/09 MTG. DATE 9/28/09 10/5/09 ►3(o I ND.\ hii 1 TITL1'. A resolution opposing Initiative 1033. Discussion ['Motion EXPI ?NDI "I'URI? RI?(?UIRI?I) CO UNCIL AGENDA SYNOPSIS Initia /r Meeting Date Prepared by 1 Mayor's i review 1 Council review 09/28/09 SH 1 A AZ- 0.0 10/05/09 SH 1 1 ITEM INFORMATION ORIGINAL AGI ND,\ D,\Tl SEPTEMBER 28, 2009 Resolution Ordinance Mtg Date 09/28/09 Mtg Date Mtg Date 10/5/09 ilItg Date AMOUNT BUDGETED 1 11Itg Date RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/17/09 Resolution in Draft Form Estimating Impacts of Initiative 1033 (2009 -2015) AWC Estimating Impacts of Initiative 1033 (2009 -2020) City Minutes from Finance and Safety Committee meeting of 9/22/09 ITEM No. Cot b Bid Award 1 Public Hearing Other 11dtg Date Mtg Date 1SP )NS(R Council Mayor Adrn Svcs DCD Finance Fire n Legal U P &R Police Pr The resolution expresses the City Council's opposition to Initiative 1033, to be on the November 3, 2009 general election ballot. The initiative would limit growth of certain City revenue to annual inflation and population growth, with any excess revenue remitted to the county for property tax relief. The Council is being asked to approve the resolution expressing opposition to I -1033. Public comments will be accepted at the 9/28/09 and 10/05/09 Council meetings. RI?\'11?V(' 1) (il' COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. U Parks Comm. n Planning Comm. DATE: 9/22/09 RECOMMENDATIONS: SP()NS()R /ADMIN. Finance Department CommITI1 1: Unanimous Approval; Forward to C.O.W. with changes to Resolution COST IMPACT FUND SOURCE APPROPRIATION REQUIRED City of Tukwila TO: Mayor Haggerton City Council FROM: Shawn Hunstock, Finance Director DATE: September 17, 2009 SUBJECT: Resolution Opposing Initiative 1033 ISSUE BACKGROUND DISCUSSION INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor If passed, Initiative 1033 (1 -1033) would have a dramatic impact on the City's General Fund revenue. Initiative 1033, scheduled to be on the ballot at the November 2, 2009 general election, would limit the growth of state, county and city revenue to annual inflation and population growth. The Office of Financial Management (OFM) estimates that 1 -1033 would cause the state to loose an estimated $5.9 billion by 2015. They also estimate a loss of $2.1 billion for cities and $694 million for counties. OFM's Fiscal Note includes an assumption that 1 -1033 will apply to all General Fund revenue except grants, state shared revenue, charges for services performed, enterprise activities, interdepartmental charges and investment earnings. The estimated base for 2009 is approximately $33 million. The estimated impact for Tukwila begins at just under $2 million annually, and continues to grow each year as the property tax base erodes under the Initiative. Any growth in General Fund revenue above the inflation rate plus the population growth rate would be remitted to the county for property tax relief in the following year. The effect of 1 -1033 would be to limit the City's ability to provide essential services at their current level. 1 -1033 would also be a disincentive to development and annexations, particularly for areas with low population numbers. Virtually any growth in City revenue as a result of an annexation would be remitted to the county, unless the area has a good deal of population density, and would not be available for the provision of services in the annexation area. Also, generally speaking, growth in City revenue from development or redevelopment would be remitted to the county since such growth is not associated with population increases. Inflation right now is projected to be less than 1% in the short -term, and less than 2% over the next few years. The average growth in INFORMATIONAL MEMO Page 2 population for Tukwila for the last ten years is 0.50 This means there is little room for growth in City revenue if this growth is limited to inflation or population increases. The two attached spreadsheets are based on a projection model developed by the Association of Washington Cities (AWC). The first spreadsheet is the original AWC model for 2009 -2015. It shows the impact would be $970,123 in 2015, and $1,772,246 in 2016. The second spreadsheet is the same model projected out to 2020 with similar assumptions. This page shows the impact on the City of 1 -1033 increases each year, and it also shows the property tax base could deteriorate due to the "property tax relief' payments made to the county. RECOMMENDATION The Council is being asked to approve the attached Resolution opposing Initiative 1033. This item is scheduled to be discussed at the September 22, 2009 Finance and Safety Committee meeting, the September 28, 2009 Committee of the Whole meeting and subsequent October 5, 2009 Regular Meeting. ATTACHMENTS Draft Resolution Estimating Impacts of Initiative 1033 (AWC) 2009 to 2015 Estimating Impacts of Initiative 1033 (City) 2009 to 2020 HAI nfoMemo11033Res.doc A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING THE CITY COUNCIL'S OPPOSITION TO INITIATIVE 1033, TO BE PRESENTED TO THE ELECTORATE ON NOVEMBER 3, 2009. WHEREAS, Initiative 1033 will be presented to the voters at the general election on November 32, 2009, with the following ballot title and description: Initiative Measure No. 1033 concerns state, county and city revenue. This measure would limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter approved revenue increases. Revenue collected above the limit would reduce property tax levies. Should this measure be enacted into law? Yes No and WHEREAS, the City Council has determined that Initiative 1033 would severely limit the City's ability to provide basic levels of service, create barriers to future growth and inhibit redevelopment within the City such as fire and police response, street maintenance, and maintenance of the City's p arks and trails; and WHEREAS, the City Council has determined that the resulting decreased levels of service would present serious concerns about the security and welfare of the residents of the City of Tukwila; and WHEREAS, the City Council has determined that Initiative 1033 would create barriers to economic development within the City inhibit redevelopment and be a disincentive to future iob growth; and WHEREAS, Initiative 1033 would permanently the City's budget to recessionary levels from 2009, with minimal future growth, which would limit the City's ability to offer future programs and services to meet the needs of the residents of the City; and WHEREAS, the City Council finds that an expression opposing Initiative 1033 is appropriate; and WHEREAS, in accordance with RCW 42.17.130, the opportunity for public statements and comments was afforded by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The City Council of the City of Tukwila expresses its opposition to Initiative 1033, which will be presented to the electorate on November 3, 2009. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W \Word Processing \Resolutions \Oppose Initiative 1033.doc SH:ksn 9/23/2009 DRAFT Joan Hernandez, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of 1 ESTIMATING IMPACTS OF INITIATIVE 1033 (2009 -2015) Assumptions outlined by the Association of Washington Cities (see more on assumptions below) Updated September 3, 2009 CY 2009 CY 2010 CY 2011 CY 2012 CY 2013 CY 2014 CY 2015 AWC NOTES TUKWILA NOTES IPD (March to March) (Note 1) 0.50% 1.80% 2.00% 1.80% 1.80% 1.70% 1.70% Population Growth Estimate* (Note 2) GF Forecast w /out 1 -1033 (Note 3) 36,075,118 36, 976,996 37,901,421 39,038,4638 40,209,617 41,818,002 Forecasted Growth in GF Revenues* (Note 3) Levy w /out "Lower City Property Tax Account" Transfer* IRMP 12,406,029 12,530,089 12,780,691 13,036,305 13,427,394 13,830,216, Growth in Prop Tax w /out "Lower City Property Tax Account" Transfer Estimated* (Note 4) Estimated Actual GF Revenues w /out Limit (Note 5) 36,075,118 36,075,118 36,976,996 37, 897,403 39,026,798 40,179, 396 41,747,767 Gen Fund Revenue w/ Limit (Note 6) 36, 075,118 36,346,132 36,816,281 37,646,488 38,419,936 39,209,273 39,975,520 Revenue and expenditure projections include assumed gradual increases in revenue and assessed valuations beginning in CY 2014. Projected population increases conservatively estimated at 0.5% per year. Projected increases in property taxes includes increases in assessed valuations due to development, redevelopment, and annexation. GF Revenue forecast for CY 2009 is the adopted budget for applicable revenue items as outlined in OFM Fiscal Note. Inflation estimates for 2016 -2020 assume gradual increase in prices. Lesser of GF Revenue Limit (J) or GF Actuals growing at rate in column F (I) 36,075,118 36,075,118 36,816,281 37,646,488 38,419,936 39,209,273 39,975,520 Increase in Gen Fund Limit or Actual Revenues (Column K) 0.00% 2.05% 2.25% 2.05% 2.05% t95% Amount Over /Under Revenue Limit (I J) 271,014 160,715 250,915 606,862 970,123 1,772,246 Transfer to "Lower City Property Taxes Account" 0 0 1 60,715 250,915 606,862 970,123 Property Tax After "Lower City Property Tax Account" Transfer (Note 7) 12,283,197 12,406,029 12,530,089 12,619,976 12,785,390 12,820,532 12,860,093 (1) IPD estimates for CY 2009 -CY 2011 are from the June 2009 Washington State Economic and revenue Forecast. Inflation estimates for CYs 2012 -15 are from the June 2009 HIS Global Insight forecast (OFM) (2) Population growth estimates provided are based on OFM's forecasted population increases for cities in urban counties; cities should replace with own estimates (3) General fund revenues and revenue growth should reflect current forecasts without 1 -1033 (4) Growth should reflect anticipated councilmanic increases plus increases due to new construction /improvements, annexation, electric generation wind turbine facilities and state assessed property (5) CY 2010 revenue calculated as:(CY 2009 GF REV X GF forecasted growth) CY 2009 GF REV; CY 2011 and subsequent years calculated as ((CY 2010 GF REV transfer to Lower City Property Tax Account) X GF forecasted growth) CY 2010 GF REV; For simplicity the same forecasted growth rate is assumed with or without passage of 1 -1033. (6) CY 2010 revenue limit calculated as: CY 2009 GF REV X (1+ 2009 Change Pop) X (1+ 2009 Change IPD); CY 2011 and subsequent years limit calculated as: CY 2010 GF REV transfer X (1 2010 Change Pop) X (1 2010 Change IPD) (7) Lower City Property Taxes Account is applied to previous year's full levy, reflecting any limit factor increase (plus new construction /improvements, annexation, electric generation wind turbine facilities and state assessed property). Reflects the amount of the levy set for collection in following year ESTIMATING IMPACTS OF INITIATIVE 1033 (2009 -2020) Assumptions outlined by the Association of Washington Cities (see more on assumptions below) Updated September 3, 2009 IPD (March to March) (Note 1) CY 2009 0.50% CY 2010 1.80% CY 2011 2.00% CY 2012 1.80% CY 2013 1.80% CY 2014 1.70% CY 2015 1.70% CY 2016 1.80% CY 2017 1.80% CY 2018 2.00% CY 2019 2.00% CY 2020. 2.50% AWC NOTES TUKWILA NOTES Population Growth Estimate* (Note 2) GF Forecast w /out 1 -1033 (Note 3) 36,075,118' 36,976,996, 37,901,421 39, 038,463 40,209,617 41,818,002 43,490,722;° 45,665,2581 47,948,521 50,825,432 53,874,958 Forecasted Growth in GF Revenues* (Note 3) Levy w /out "Lower City Property Tax Account" Transfer* 12,406,029 12,530,089 12,780,691 13,036,305 13,427,394 13,830,216 14,383,424 14,958,761 15,706,700 16,492,034 17,481, 557 Growth in Prop Tax w /out "Lower City Property Tax Account" Transfer Estimated* (Note 4) Estimated Actual GF Revenues w /out Limit (Note 5) 36, 075,118 36,075,118; 36,976,996] 37,897,403 39,026,798 40,179,396 41, 747,767 43,346,787 45, 384, 625 47,469,515 50,029,152 52,653,036 Gen Fund Revenue w/ Limit (Note 6) 36,075,118 36,346,132 36,816,281 37, 646,488 38,419,936 39,209,273 39,975,520 40,756,742 41,697,815 42,660,618 43,731,399 44, 940, 572 Revenue and expenditure projections include assumed gradual increases in revenue and assessed valuations beginning in CY 2014. Projected population increases conservatively estimated at 0.5% per year. Projected increases in property taxes includes increases in assessed valuations due to development, redevelopment, and annexation. GF Revenue forecast for CY 2009 is the adopted budget for applicable revenue items as outlined in OFM Fiscal Note. Modest population increases beginning in 2016, primarily from development of Tukwila South. Inflation estimates for 2016 -2020 assume gradual increase in prices. Lesser of GF Revenue Limit (J) or GF Actuals growing at rate in column F (I) 36,075,118 36,075,118 36,816,281 37,646,488 38,419,936 39,209,273 39,975,520 40,756,742 41,697,815 42,660,618 43,731,399 44,940,572 increase in Gen Fund Limit or Actual Revenues (Column K) 0.00% 2.05% 2.25% 2.05% 2.05% 1.95% 1.95% 2.31% 2.31% 2.51% 2.77% Amount Over /Under Revenue Limit (I J) 271,014 160,715 250,915 606,862 970,123 1,772,246 2,590,045 3,686,809 4,808,898 6,297,753 7,712,464 Transfer to "Lower City Property Taxes Account" 0 0 160,715 250,915 606,862 970,123 1,772,246 2,590,045 3,686,809 4,808,898 6,297,753 Property Tax After "Lower City Property Tax Account" Transfer (Note 7) 12,283,197 12,406, 029 12,530,089 12,619,976 12,785,390 12,820,532 12,860,093 12,611,178 12,368,716 12,019,890 11,683,137 11,183,803 (1) IPD estimates for CY 2009 -CY 2011 are from the June 2009 Washington State Economic and revenue Forecast. Inflation estimates for CYs 2012 -15 are from the June 2009 HIS Global Insight forecast (OFM) (2) Population growth estimates provided are based on OFM's forecasted population increases for cities in urban counties; cities should reolace with own estimates (3) General fund revenues and revenue growth should reflect current forecasts without 1 -1033 (4) Growth should reflect anticipated councilmanic increases plus increases due to new construction /improvements, annexation, electric generation wind turbine facilities and state assessed property (5) CY 2010 revenue calculated as:(CY 2009 GF REV X GF forecasted growth) CY 2009 GF REV; CY 2011 and subsequent years calculated as ((CY 2010 GF REV transfer to Lower City Property Tax Account) X GF forecasted growth) CY 2010 GF REV; For simplici (6) CY 2010 revenue limit calculated as: CY 2009 GF REV X (1+ 2009 Change Pop) X (1+ 2009 Change IPD); CY 2011 and subsequent years limit calculated as: CY 2010 GF REV transfer X (1 2010 Change Pop) X (1 2010 Change IPD) (7) Lower City Property Taxes Account is applied to previous year's full levy, reflecting any limit factor increase (plus new construction /improvements, annexation, electric generation wind turbine facilities and state assessed property). Reflects the amount of the levy set for collection in following year FINANCE AND SAFETY COMMITTEE Meeting Minutes September 22, 2009 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Joe Duffle and De' Sean Quinn Staff: Shawn Hunstock, Bob Giberson, and Kimberly Matej Guests: Jeremy Eide CALL TO ORDER: Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. City of Tukwila Finance and Safety Committee II. BUSINESS AGENDA A. Seattle Southside Visitor Center Lease This item has been removed from the Committee Agenda, per agreement of the full Council at the Regular Council meeting on September 21, 2009. Since the Seattle Southside Visitor Center Lease is currently in draft form and changes at the staff level are anticipated, Council felt it would be more efficient to review the item once staff has made final changes. Due to time constraints, this item will move directly to the next scheduled COW on September 28, 2009 instead of returning to Committee on October 6. FORWARD TO SEPTEMBER 28 COW FOR DISCUSSION. B. Resolution Ordering the Cancellation of Outstanding. General Fund Claims and Payroll Checks, Municipal Court Checks and Foster Golf Gift Cards Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which will be reported to the Washington State Department of Revenue by November 1, 2009. This year's cancellations total $4,602.33. All cancellations will be remitted to the Washington State Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. C. Resolution Onposina Initiative 1033 At the request of the City Council, staff is bringing forward a resolution which opposes Initiative 1033 (I- 1033). Initiative 1033 is scheduled to be on the November 3 General Election ballot. If approved, I -1033 would limit the growth of state, county and city revenue to the annual inflation and population growth. Committee members suggested adding additional language to the resolution that would strengthen the understanding of the initiative's impact on the City, including identifying basic levels of service (i.e.: fire and police) and recession concerns. The Committee discussed possible ways of notifying voters of the importance of opposing this initiative. Shawn Hunstock, Finance Director, will follow -up with the City Attorney to address some of these suggestions and will report out at the September 28 COW. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. D. Ordinance and Policy Regarding Utility Leak Adiustments Staff is seeking full Council approval of a policy, and subsequent approval of an ordinance, that will provide utility customers with occasional fiscal relief on their water and/or sewer bill due to high consumption as a result of a water leak. !CAS N LIMN .R: AGI {ND.\ I'ii;vi TI'1'I,I? Fund Source: Comments: MTG. DATE 9/28/09 10/05/09 MTG. DATE 9/28/09 10/5/09 Oct 13x1 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayors revieav 1 Council review 09/28/09 SH 10/05/09 SH ITEM INFORMATION ORIGINAL AG1;ND1\ D, \"I'E: SEPTEMBER 28, 2009 An ordinance and policy regarding utility leak adjustments. C.�'I'I ;GC)RY Discussion Motion Resolution Ordinance n Bid_ ward (l Public Hearing U Other AItg Date 09/28/09 Altg Date Mtg Date 10/5/09 ALtg Date Altg Date Aitg Date Nits Date SPONSOR Council Li Mayor Adm Svcs (1 DCD Finance Fire Legal P &R Police (i PW SPONSOR'S The ordinance adds new regulations, TMC 14.04.245 and 14.16.055, providing for adoption SUrIM,\RZ' by reference proposed Administrative Policy No. 300 -14, Utility Leak Adjustment Policy. The policy would provide for infrequent adjustment to customer charges for abnormally high consumption due to water leaks. The Council is being asked to approve the ordinance adopting Policy 300 -14. RI BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 9/22/09 RECOMMENDATIONS: SP<)NSOR /ADMIN. Finance Department CommriTI Unanimous Approval; Forward to C.O.W. COST IMPACT FUND SOURCE EXPI :NDI"I'URI? RI?QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/15/09 Ordinance in Draft Form Administrative Policy No. 300 -14, Utility Leak Adjusment Policy, in Draft Form Minutes from Finance and Safety Committee meeting of 9/22/09 ITEM No. TO: FROM: DATE: SUBJECT: ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Rhonda Berry Finance and Safety Committee Shawn Hunstock, Finance Director September 15, 2009 Leak Adjustment Policy Jim Haggerton, Mayor The City is in need of a policy providing customers with occasional relief on their water and /or sewer bill due to high consumption related to a water leak. Billings for water usage is based on monthly reads by Public Works staff for all residential and commercial customers. Sewer charges are a flat fee for residential customers, currently $11.64 per month plus $31.90 from King County Wastewater Treatment Division for treatment. This rate is not related in any way to the water billing. For commercial customers however, the monthly sewer charge is based on a flat fee of $20.37 from the City, $31.90 from King County Wastewater Treatment Division, for the first 750ccf of consumption and $52.27 per additional 750ccf. For commercial customers, "consumption" is based on the customer's monthly water read. The Utilities staff in Finance works with approximately a 10 -20 customers per year who are billed for abnormally high consumption due to a water leak. Leaks before the meter are the responsibility of the City to repair, and the City looses out on any revenue associated with the lost water. Leaks after the meter are the responsibility of the customer to repair, and they are billed for consumption during the period of the leak. There is currently no authority in the Tukwila Municipal Code or Administrative Policies providing for an infrequent adjustment to water and sewer bills for excessive charges related to a leak. Customers that the Finance Department works with now frequently indicate that repair bills for Teaks could be several hundred dollars, and can be as high as several thousand of dollars, depending on the location of the leak and any structural damage that has occurred as a result of the water leak. These expenses are in addition to the abnormally high water and sewer bills the customers receive for up to several hundred dollars, and on rare occasions in the thousands of dollars. INFORMATIONAL MEMO Page 2 As you are aware, the water the City sells is purchased from Cascade Water Alliance (CWA). The water rates our customers pay are essentially a pass- through of the fees assessed by CWA, plus City administration of the water utility. Because the CWA costs are essentially a pass- through, the perception could be that other City utility customers would end up paying for any charges waived as a part of this policy. However, the water and sewer funds accumulate thousands of dollars in interest income each year that in theory could be used to "pay for" the waived utility charges. RECOMMENDATION The Council is being asked to approve the attached Utility Leak Adjustment Policy, and Ordinance adopting the Policy. This item is scheduled to be discussed at the September 22, 2009 Finance and Safety Committee meeting, the September 28, 2009 Committee of the Whole meeting and subsequent October 5, 2009 Regular Meeting. ATTACHMENTS Draft Ordinance Utility Leak Adjustment Policy 300 -14 C:ltemp\XPg rpwisetl nfoMemoLeakAdjustmentPolicy.doc 14.04.245 Water Bill Leak Adiustments 14.16.055 Sewer Bill Leak Adiustments W: \Word Processing\ Ordinances\ Water Leaks.doc SH:ksn 09/15/2009 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING WATER AND SEWER BILL LEAK ADJUSTMENTS TO BE CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.04.245, "WATER BILL LEAK ADJUSTMENTS," AND 14.16.055, "SEWER BILL LEAK ADJUSTMENTS PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council recognizes that Tukwila citizens and businesses occasionally incur excessive water and sewer charges related to water leaks; and WHEREAS, such excessive charges arise at the same time that significant expenses are incurred in the repair of such leaks; and WHEREAS, the City Council has determined that it is in the best interest of Tukwila citizens and businesses to provide relief for excessive water and sewer charges related to water leaks; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Established. Tukwila Municipal Code Section 14.04.245, "Water Bill Leak Adjustments," is hereby established to read as follows: City Administrative Policy No. 300 -14, "Utility Leak Adiustment Policy," is hereby adopted and incorporated into this chanter by reference as if fully set forth herein and is attached as Exhibit A. The Finance Director is required to maintain the administrative leak adiustment policy. Changes to the policy require approval of the City Council Finance and Safety Committee. Section 2. Regulations Established. Tukwila Municipal Code Section 14.16.055, "Sewer Bill Leak Adjustments," is hereby established to read as follows: City Administrative Policy No. 300 -14, "Utility Leak Adiustment Policy," is hereby adopted and incorporated into this chapter by reference as if fully set forth herein and is attached as Exhibit A. The Finance Director is required to maintain the administrative leak adjustment policy. Changes to the policy require approval of the City Council Finance and Safety Committee. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Page 1 of 2 Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force and effect five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Administrative Policy 300 -14 W: \Word Processing\ Ordinances Water Leaks.doc SH:ksn 09/15/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 1.0 PURPOSE: 2.0 ORGANIZATION AFFECTED: 3.0 REFERENCES: 4.0 POLICY: TITLE: UTILITY LEAK ADJUSTMENT POLICY To provide a procedure for approval, calculatioFand#justment of water and sewer charges (Single family Non single famiiit accoul lassifications) where excessive water consumption can be attril ed..to °a water tea 4.1 The property owner, or their-a- must requhe adjustment in writing by completing a request fpm Ioc t the Finance Department in City Hall or on the website Reiredi fatrnation shall include: a a service a. ess where leak occurred and account numb Upon t ofompleted request form, a representative of the City Public WW depa tit will confirm, through visual inspection, that the leak has be* repair. CITY OF TUKWILA ADMINISTRATIVE MANUAL escripWn of leak an,iate repaired y oa r bill or merials receipts ei Index: 300 -14 Page 1 of 3 EXHIBIT A 4.3 Ft wing co: irmation of repair, Finance personnel will adjust no more tha n laiifg cycles (2 months). Single- family account types will have water y adjusted. Non single family account types, where the custorr's sewer bill may be based on the water consumption, will be allowed an adjustment to the water, City sewer and Metro sewer charge, provided it can be confirmed to the satisfaction of the Finance Utilities Supervisor that the additional water volume was due to the leak and did not enter the sanitary sewer system. 4.4 The consumption used to determine the leak adjustment amount will be the actual consumption from the same bill cycle of the previous year if the current resident /tenant also occupied the space during the same period in the prior year. TITLE: UTILITY LEAK ADJUSTMENT POLICY 4.5 For property owners who have been owners for less than one year, or in situations where the current tenant did not occupy the same space in the previous year, the consumption used to determine the leak adjustment amount will be one of the following: 4.8 An average of the water consumption in the three complete billing cycles imme.dinlelTtpreceding the bill cycle in which the leak begatzt- In the absence of threo water consumption after be lea prior billing cycles, pair is complete can be used to estimate consurription duF4the leak period. Index: 300 -14 Page 2 of 3 4.6 One leak adjustment per 12 —moth period per account wifl bT thorized. If an additional adjustment reques submied for an accoutin the next or following year(s), the Finance Uti supervisor will consult with the Water Utility Engineer to determine if Pity will require the customer to complete extensive re: :ES to the service ti and /or fixtures. 4.7 Property owners will be igrik a leak adgement if the total dollar amount of the adjustment kr both at r and sewer is greater than $50.00 (or $25.00 fora water only account), nbirt05ceed a credit of $500.00 for water otments. Ad are limited to no more than $5,0045 for a .ombinationf water and /or sewer charges, regardless of thenrr of cusner. following required approvals: or less nance Utilities Supervisor n $500.00 and up to $5,000.00 Finance Director 4: If the prope Towne. the decision made by the City in which the disputed arridant exceeds $500.00, he or she may submit a written rest to th ity of Tukwila Finance Director for an administrative review stment by the City Council Utilities Committee. Reco rdations for leak adjustments made by Utilities Committee will be submitted to the full City Council for final consideration and approval. Such request should identify the property, describe the leak and repair, and state the basis for the request for an administrative review. The Finance Director must receive the written request for administrative review within 15 days from the date the City posted the adjustment to the account. Pending the decision on this review, the customer who requests such review must continue to pay the disputed charge as billed until the written decision of the Finance Director is provided. A decision of such an administrative review will be provided within 30 days of receipt of the TITLE: UTILITY LEAK ADJUSTMENT POLICY 10/1/09 written request for administrative review. Upon the written decision of the Finance Director, if an account has been incorrectly charged, the account will be adjusted accordingly to cover all billings occurring during the administrative review and all billings that preceded the date of receipt of the written request for review, in accordance with City policy. Title: UTILITY LEA'ADJUSTMENT POLICY Effective Date: Supercedes: N/A Index: 300 -14 Page 3 of 3 Initiating Department: Finance Department Mayor's Office Approval Signature: FINANCE AND SAFETY COMMITTEE Meeting Minutes September 22, 2009 5:00 p.nz.; Conference Room #3 PRESENT Councilmembers: Pam Linder, Chair; Joe Duffie and De' Sean Quinn Staff: Shawn Hunstock, Bob Giberson, and Kimberly Matej Guests: Jeremy Eide CALL TO ORDER: Chair Linder called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. City of Tukwila Finance and Safety Committee II. BUSINESS AGENDA A. Seattle Southside Visitor Center Lease This item has been removed from the Committee Agenda, per agreement of the full Council at the Regular Council meeting on September 21, 2009. Since the Seattle Southside Visitor Center Lease is currently in draft form and changes at the staff level are anticipated, Council felt it would be more efficient to review the item once staff has made final changes. Due to time constraints, this item will move directly to the next scheduled COW on September 28, 2009 instead of returning to Committee on October 6. FORWARD TO SEPTEMBER 28 COW FOR DISCUSSION. B. Resolution Ordering the Cancellation of Outstanding, General Fund Claims and Payroll Checks, Municinal Court Checks and Foster Golf Gift Cards Staff is seeking approval of an annual resolution writing -off unredeemed and outstanding items which will be reported to the Washington State Department of Revenue by November 1, 2009. This year's cancellations total $4,602.33. All cancellations will be remitted to the Washington State Department of Revenue Unclaimed Property Section. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. C. Resolution Onnosina Initiative 1033 At the request of the City Council, staff is bringing forward a resolution which opposes Initiative 1033 (I- 1033). Initiative 1033 is scheduled to be on the November 3 General Election ballot. If approved, I -1033 would limit the growth of state, county and city revenue to the annual inflation and population growth. Committee members suggested adding additional language to the resolution that would strengthen the understanding of the initiative's impact on the City, including identifying basic levels of service (i.e.: fire and police) and recession concerns. The Committee discussed possible ways of notifying voters of the importance of opposing this initiative. Shawn Hunstock, Finance Director, will follow -up with the City Attorney to address some of these suggestions and will report out at the September 28 COW. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW. D. Ordinance and Policy Reaardina Utility Leak Adiustments Staff is seeking full Council approval of a policy, and subsequent approval of an ordinance, that will 4" provide utility customers with occasional fiscal relief on their water and/or sewer bill due to high consumption as a result of a water leak. Finance Safety Committee Minutes Seotember 22, 2009 Page 2 We have approximately, 10 -20 instances a year that would be eligible for a utility leak adjustment under this policy. The policy is based on the following parameters: Adjustment of no more than two billings cycles (two months). One leak adjustment per 12 -month period, per account. Water only adjustments cannot exceed a credit of $500. Adjustments will be limited to $5,000 for and combination of water and /or sewer charges, regardless of customer type. Currently, the City of Tukwila is the only member of Cascade Water Alliance who does not have a water and sewer leak adjustment policy. It was also suggested by WCIA that the City implement a formal mechanism to respond to such adjustments. UNANIlVIOUS APPROVAL. FORWARD TO SEPTEMBER 28 COW FOR DISCUSSION. E. City Investment Update As required by Finance Policy 03 -17, Shawn Hunstock, Finance Director, provided the Committee with a quarterly investment report. Previously, this report has not been presented to the Committee on a regular basis. Shawn reviewed the City's Investment Portfolio Summary with the Committee and stated that we continue to strive for increased returns on investments, but the economic climate makes it extremely challenging at this time. Investments are diversified. Shawn explained that although CD's are not necessarily common among cities, we are currently earning more with CD investments than with the State. Additionally, the CD's we hold with USBank essentially cover the City's bank fees. For example, the CD's earn interest in which we, in turn, use to pay off bank fees. A majority of these cash investments are related to non General Fund monies. INFORMATION ONLY. III. MISCELLANEOUS Meeting adjourned at 5:50 p.m. Next meeting: Wednesday, October 6, 2009 5:00 p.m. Conference Room #3 F SL- Committee Chair Approval Minutes by KAM. CAS NUMBER: 09 -131 CO UNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 1 Mayors review Council eoiem' 09/14/09 DCS 1 n 1 09/21/09 DCS %;/!r] 09/28/09 DCS 1 ,iL '4 ;01" 1 10/05/09 DCS 1 ITEM INFORMATION I ORIGINA],AGENDA DATE: SEPTEMBER 14, 2009 AGI?ND,\ I•rEm TITLE Seattle Southside Visitor Services Center Lease C. \•1•I Discussion Motion Resolution Ordinance Bidflward n Public Hearing Other Mtg Date 09/28/09 Mtg Date 10/05/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council IVlayor Adan Svcs DCD Finance Fire Legal P &R U Police PWI SPONSOR'S The Seattle Southside Visitor Services center lease term ended on 8/31/09. Staff requests SUNINIARY Council approve a lease for a new location at 3100 South 176 Street in SeaTac. RI :\'I M BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: RECOMMENDATIONS: SPC)NS()R /ADMIN. Mayor's Office COMMITTEE N/A COST IMPACT FUND SOURCE ExPI NDPI•URI? RI?OUIRI,D AMOUNT BUDGETED MTG. DATE 1 RECORD OF COUNCIL ACTION 09/14/09 Forward to next Regular Meeting 09/21/09 I Approved 3100 Building as preferred location; bring lease to 9/28/09 C.O.W. 9/28/09 1 MTG. DATE 1 ATTACHMENTS 09/14/09 Informational Memorandum dated 9/3/09 Minutes from the Finance and Safety Committee meeting of 9/9/09 9/21/09 No attachments 9/28/09 Informational Memorandum dated 9/23/09 Proposed lease ITEM .NO. Transportation Cmte Planning Comm. APPROPRIATION REQUIRED $0 Fund Source: LODGING TAX Continents: The new lease will cost less than our current lease so no budget change is necessary, ISSUE BACKGROUND DISCUSSION City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator DATE: September 23, 2009 SUBJECT: Seattle Southside Office Space Lease Seattle Southside Visitor Center's lease term ended on August 31, 2009. Staff requests Council approval of a lease for a new location at 3100 South 176 Street in SeaTac. In 2004 the City of Tukwila signed a lease for the current Seattle Southside Visitor Services (SSVS) office location in the Fairway Center at 14220 Interurban Avenue South, Suite 130, in Tukwila. The lease was for a five year term that ended August 31, 2009. SSVS is currently holding over with the owner's permission on a month -to -month basis. In April 2009 staff began researching available sites for SSVS office space and in May started working with a commercial real estate broker. The broker and staff reviewed all available office listings in Tukwila and SeaTac under 5,000 square feet. The listings totaled over 30 sites. The team completed 10 site visits, analyzed lease proposals on 4 sites, and selected the two best options: the current office location in Tukwila and a new location at 3100 South 176 Street in SeaTac (the "3100 Building At the City Council meeting on September 14, 2009 staff provided the Council a report comparing the two options with a recommendation to move to the 3100 Building. After that meeting, the Administration signed a non binding letter of intent and began detailed negotiations for the 3100 Building lease. At the City Council meeting on September 21, 2009 the Council selected the 3100 Building as the preferred location. Staff now seeks Council approval to execute a lease for the 3100 Building. The staff report for the Council's September 14 meeting contains a detailed discussion of the new location and a draft letter of intent and is therefore not repeated in this memo. Because the lease on the current location is now month -to -month (with a 20 day notice to vacate), and potential tenants have expressed serious interest in the current location, time is of essence to sign a new lease. A proposed lease for the 3100 Building is attached. The main terms of the proposed lease are the same as those shown in the letter of intent that was attached to the staff report for the Council's September 14 meeting. The term would be for 66 months, which is a five year term plus six months of free rent. The City may choose to renew the lease for two additional five INFORMATIONAL MEMO Page 2 year extensions. After the first six months of free rent, the rent would start at $3,120 per month with annual escalations. The rent is full service which means it covers utilities, maintenance, janitorial, taxes, etc. We have included provisions to ensure access for people with impaired mobility. Budget Impact: The proposed monthly rent is lower than the rent at the current location and so there is no need to amend the budget for this lease. The City of SeaTac has agreed to cover all moving costs and tenant improvement costs up to $50,000 and we will manage the move to stay within that amount. When Tukwila adopted the 2009 -2010 budget for SSVS, we anticipated higher revenues and expenditures related to SeaTac's contribution for marketing than we are now estimating. This extra cushion is larger than the amount needed for moving costs and tenant improvements and so the budget does not need to be amended for that. RECOMMENDATION Staff recommends the Council authorize the Mayor to execute a lease in substantial conformance with the attached version. ATTACHMENTS Proposed lease for the 3100 Building C:ltemp\XPgrpwise\Southside Space Memo 20090924.docx 1. BASIC TERMS. Security Deposit: $5.000.00 Initial Deposit Prepaid Rent: First month's Total Rent Cassan Enterprises Lease 09/14/2009.doc MASTER MULTI TENANT LEASE THIS LEASE is entered into between Cassan Enterprises, Inc. "Landlord and Seattle Southside Visitor Center (City of Tukwila) "Tenant. This lease is subject to the terms, covenants, and conditions set forth herein. Tenant covenants, and this covenant is a material term of this lease, to perform each term and condition required of Tenant hereunder and to meet each condition required of Tenant. This Section sets forth certain basic terms of this Lease. The General Lease Terms of even date herewith sets forth in detail the terms, conditions and obligations of Landlord and Tenant. This Section is to be read in conjunction with the General Terms; provided, however, to the extent of any inconsistency between this Section and the General Terms, this Section shall control. Leased Premises Project Name: 3100 Building Address: 3100 South 176 Street, SeaTtac, WAa 98188 Estimated Sq. Ft: 1915 Plus Load Factor of 15 287 sq. ft. Total Sq. Ft.:2202 Rent; Prepaid Rent; Security Deposit Base Monthly Rent: Please see Section 4.5 1 Term (See §3) Commencement Date: November 1 20098 Rent Commencement Date: November 1St 2009-8 Expiration Date: April 30 2014 Length of Term: sixtv -six (66) Months Renewal Options: two (2) five (5) Year Extension Options Permitted Use: General office use Parking: Tenant or tenant's employees shall have use of six (6) parking stalls in common with other tenants and an additional four (4) parking stalls that will be designated visitor parking for Tenant. Guarantor: Landlord's Work: See Terms Exhibit C Signage: See Terms Exhibit D Landlord's Initials: Tenant's Initials: 1. PREMISES. 6 1.1 Premises 6 1.2 Common Areas 6 1.3 Excluded Property 6 2. TERM. 6 3. POSSESSION. 7 3.1 Delivery of Possession 7 3.2 Landlord's Work; Tenant Obligation 7 3.3 Tenant's Tenant Improvement Work 8 3.4 Defects in Landlord's Work 8 3.5 Pre Commencement Obligations and Failure to Open for Business 8 4. TOTAL RENT. 8 4.1 Total Rent 8 4.2 Duty to Pay 8 4.3 Triple Net 9 4.4 Payment 9 4.5 Base Rent: [must be completed] 9 4.6 Operating and Property Expenses 9 4.7 Communications Internet Access 10 5. OPTION PERIOD 11 6. STATEMENT OF OPERATING AND PROPERTY EXPENSES. 12 7. SECURITY DEPOSIT. 12 7.1 Amount 12 7.2 Return 13 8. USE OF PREMISES. 13 8.1 Tenant's Use 13 8.2 Licenses and Permits 13 8.3 Indemnity 13 9. ACCIDENTS AND LIABILITY. 14 10. WAIVER OF CLAIMS AND INDEMNIFICATION. 14 10.1 Waiver of Claims 14 10.2 Indemnity 15 10.3 Workers Compensation 15 11. INSURANCE. 16 11.1 Tenant's Insurance 16 11.2 Liability Insurance 16 Cassan Enterprises Lease 09/14/2009.doc TABLE OF CONTENTS 2 Landlord's Initials: Tenant's Initials: Page 11.3 Property Insurance 17 11.4 Automobile Coverage 17 11.5 Worker's Compensation 17 11.6 No Representation 17 11.7 Additional Requirements 17 11.8 Notices 17 11.9 Waiver of Subrogation 18 12. ASSIGNMENT. 18 12.1 Tenant Assignment 18 12.2 Tenant's Continuing Obligation 18 12.3 Landlord Assignment 18 13. ACCESS. 18 14. LIENS 19 15. INSOLVENCY. 19 16. REPAIRS AND SURRENDER OF PREMISES 19 17. DAMAGE, DESTRUCTION, OR CONDEMNATION. 19 17.1 Damage and Repair 19 17.2 Condemnation 20 18. ALTERATIONS. 21 18.1 Tenant Alterations 21 18.2 Landlord Alteration 22 18.3 Landlord's Reserved Rights 22 18.4 Substitute Premises 24 19. SIGNS. 24 20. TERMINATION WITHOUT CAUSE. 24 21. DEFAULT. 25 21.1 Failure To Pay 25 21.2 Vacation/Abandonment 25 21.3 Insolvency 25 21.4 Levy or Execution 25 21.5 Failure to Comply with Rules and Regulations 25 21.6 Other Non Monetary Defaults 25 21.7 Failure to Take Possession 26 22. REMEDIES. 26 22.1 Termination of Lease 26 22.2 Re -Entry and Reletting 27 22.3 Cure Default 2 7 22.4 Acceleration 27 22.5 Waiver of Redemption Rights 27 22.6 Non payment of Additional Total Rent 28 Cassan Enterprises Lease 09/14/2009.doc 3 Landlord's Initials: Tenant's Initials: 23. NON WAIVER OF BREACH 28 24. REMOVAL OF PROPERTY 28 25. HEIRS AND SUCCESSORS 28 26. HOLD -OVER 28 27. AUTHORITY TO SIGN, PERSONAL GUARANTY, JOINT AND SEVERAL LIABILITY. 29 28. NOTICES. 29 28.1 General Notice Requirement 29 28.2 Notice of Landlord Non Compliance 29 29. SUBORDINATION AND ATTORNMENT 30 30. ESTOPPEL CERTIFICATES. 30 30.1 Tenant Obligation to Provide Estoppel 30 30.2 Time and Deliveries 31 30.3. Tenant's Failure to Provide Estoppel 31 30.4 Failure to Respond 31 31. PERSONAL PROPERTY TAXES. 31 32. RULES AND REGULATIONS 32 33. AUTOMATIC RENEWAL. 32 34. FINAL AGREEMENT PROCEDURE TO AMEND 32 35. LITIGATION. 32 35.1 Jurisdiction and Venue 32 35.2 Unlawful Detainer Action 33 35.3 Service of Process 33 35.4 Rent Control Waiver 33 36. COSTS, ATTORNEYS FEES AND INTEREST 33 37. TENANT'S FINANCIAL CONDITION. 33 38. HAZARDOUS MATERIAL 33 38.1 Landlord's Representation and Warranty 34 38.2 Tenant's Hazardous Substances 34 38.3 Duration of Indemnity 34 38.4 Response Activities 35 38.5 Definition of Hazardous Material 35 39. PARKING. 35 39.1 Tenant's Parking Spaces 35 39.2 Assignment of Parking Spaces 35 40. BUILDING STANDARDS 353-5 41. MISCELLANEOUS 36 41.1 Joint and Several Liability 36 41.2 Force Majeure 36 41.3 Captions 36 Cassan Enterprises Lease 09/14/2009.doc 4 Landlord's Initials: Tenant's Initials: 41.4 Application of Payments 36 41.5 Definition of Landlord 36 41.6 Only Landlord/Tenant Relationship 36 41.7 Counterparts 36 41.8 Limitation on Landlord's Liability 37 41.9 Transfer of Landlord's Interest 37 42. USA PATRIOT ACT AND ANTI TERRORISM LAWS. 37 Cassan Enterprises Lease 09/14/2009.doc 5 Landlord's Initials: Tenant's Initials: 1. PREMISES 1.1 Premises. Landlord hereby leases to Tenant and Tenant leases from Landlord, the real property described on Exhibit A attached hereto (the "Premises The total floor area of the Premises, which is outlined on the floor plan attached hereto as Exhibit B, is 2202 square feet, consisting of a net floor area of 1915 square feet, plus a load factor of 15% (287 square feet) to cover common areas- The Premises is located in 3100 South 176 Street in the City of SeaTac. County of Kine, State of Washington commonly known as the 3100 Building. The Premises do not include and Landlord reserves the exterior walls and roof of the Premises; the land beneath the Premises; and the pipes, ducts, conduits, wires, fixtures, and equipment leading through the Premises in areas which will not materially interfere with Tenant's use thereof, such as the areas above suspended ceilings and within the structural elements of the Premises (the "Building Landlord reserves the right to install, maintain, use, repair and replace the Building and its structural elements. 1.2 Common Areas. This Llease includes the non exclusive right to use Ceommon Aareas. The term "Common Areas" means all areas and facilities that are provided and designated from time to time by Landlord for the general non exclusive use and convenience of Tenant with other tenants and are not leased or held for the exclusive use of a particular tenant. Common Areas may, but do not necessary include, hallways, entryways, stairs, elevators, driveways, walkways, terraces, docks, loading areas, restrooms, trash facilities, parking areas and garages, roadways, pedestrian sidewalks, landscaped areas, security areas and lobby or mall areas. Without advance notice to Tenant, Landlord may change the size, use, or nature of any Common Areas, erect improvements on the Common Areas or convert any portion of the Common Areas to the exclusive use of Landlord or selected tenants, so long as Tenant is not thereby deprived of the substantial benefit of the Premises. Use of common areas must be in conformity with each and every rule promulgated and/or amended from time to time. 1.3 Excluded Property. This ',lease does not grant any legal rights to property, light, or air outside the defined Premises nor any particular view or cityscape. 2. TERM This Lease shall be for a term of sixtv -six (661 months, beginning on the commencement date, and ending on April 30 2014 (the "Expiration Date The Lease shall commence on November 1 of 2009 or on such earlier or later date as may be specified by written notice by Landlord to Tenant advising Tenant the premises are ready for possession and specifying the commencement date. If Tenant occupies the Premises Cassan Enterprises Lease 09/14/2009.doc 6 Landlord's Initials: Tenant's Initials: before the Commencement Date specified in this Section 2, then the Commencement Date shall be the date of occupancy. Landlord shall be liable for any damage or loss due to Landlord's inability of failure to deliver possession of the Premises to Tenant as provided in this Lease. The first "Lease Year" shall commence on the Commencement Date and shall end on the date that is twelve (12) months from the end of the month in which the Commencement Date occurs. Each successive Lease Year during the initial Term and any extension terms shall be tTwelve (12) months, commencing on the first day following the end of the preceding Lease Year, except that the last Lease Year shall end on the Expiration Date. 3. POSSESSION 3.1 Delivery of Possession. Landlord shall deliver possession of the Premises to Tenant on the Commencement Date, with all Landlord's Work (as defined below) substantially complete. If Landlord, for any reason whatsoever, cannot deliver possession of the Premises to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall the Term of this Lease be extended, but in that event, all Total Rent shall be abated proportionately during the period from the Commencement Date to the date of actual delivery of possession. If Tenant occupies or takes possession of the Premises prior to the Commencement Date, such occupancy or possession shall be on the same terms and conditions of the Lease and Total Rent shall commence, but the Expiration Date shall not be affected. 3.2 Landlord's Work: Tenant Obligation. Except as specified elsewhere in this Lease, Landlord makes no representations or warranties to Tenant regarding the Premises, including the structural condition of the Premises and the condition of all mechanical, electrical, and other systems on the Premises or the suitability of the Premises for Tenant's intended use. Except for any Tenant Improvements described on the attached Exhibit C to be completed by Landlord (defined therein as "Landlord's Work Tenant shall be responsible for performing any work necessary to bring the Premises into a condition satisfactory to Tenant. By signing this Lease, Tenant acknowledges that it has had an adequate opportunity to investigate the Premises and accepts the Premises in its present condition, AS IS WITH ALL FAULTS, and acknowledges responsibility for making any corrections, alterations and repairs to the Premises (other than the Landlord's Work), and acknowledges that the time needed to complete any such items shall not delay the Commencement Date. To the extent the Landlord's Work is not completed in time for the Tenant to occupy or take possession of the Premises on the Commencement Date due to the failure of Tenant to fulfill any of its obligations under this Lease, the Lease shall nevertheless commence on the Commencement Date. Cassan Enterprises Lease 09/14/2009.doc 7 Landlord's Initials: Tenant's Initials: 3.3 Tenant's Tenant Improvement Work. Attached Exhibit C sets forth all Landlord's Work, if any, and all tenant improvements to be completed by Tenant "Tenant's Work if any, that are to be performed on the Premises. Responsibilities for design, payment and performance of all such work shall be as set forth on attached Exhibit C. 3.4 Defects in Landlord's Work. If Tenant fails to notify Landlord of such defects in the Landlord's Work within ten (10) days of delivery of possession to Tenant, Tenant shall be deemed to have accepted the Premises in their then condition. If Tenant discovers any major defects in the Landlord's Work during this 1 0-day period that would prevent Tenant from using the Premises for its intended purposes, Tenant shall so notify Landlord in writing and the Commencement Date shall be delayed until after Landlord has corrected the major defects and Tenant has had five (5) days to inspect and approve the Premises after Landlord's correction of such defects. The Commencement Date shall not be delayed if Tenant's inspection reveals minor defects in the Landlord's Work that will not prevent Tenant from using the Premises for their intended use. Tenant shall prepare a punch list of all minor defects and provide the punch list to Landlord within the 10 -day period. If Tenant timely provides the punch list, then Landlord shall promptly correct all punch list items. 3.5 Pre Commencement Obligations and Failure to Open for Business. The parties agree that certain obligations may commence prior to the lease term (e.g., construction, hold harmless, liability, etc.). In the event Tenant has not opened for business and rental has not commenced within six (6) months of the execution of this Lease, then this Lease shall be null and void at Landlord's option. 4. TOTAL RENT 4.1 Total Rent. Tenant covenants and agrees to pay rent to Landlord. The total rent owed by Tenant shall consist of the Base Rent (as hereinafter defined) and any other amount due under this Lease (collectively, the "Total Rent and operating and property expenses as described below (the "Total Rent 4.2 Duty to Pay. The duty to pay the Total Rent (including periodic increases) is a covenant of the Tenant independent of any and all undertakings, covenants or warranties of Landlord. No claimed breach or claimed default on the part of the Landlord will justify or excuse the failure to make such payments on the dates specified. In no case may Tenant satisfy the duty to pay rent (including added rent) by depositing the same in court in an interpleader or otherwise or by claiming set -off or in any manner Cassan Enterprises Lease 09/14/2009.doc 8 Landlord's Initials: Tenant's Initials: other than by direct payment to Landlord. Landlord's acceptance of less than the full amount of any payment from Tenant shall not be deemed an accord and satisfaction or compromise of such payment. 4.3 Triple Net. This lease is a "Triple Net Lease." Therefore, Landlord shall 4.4 Payment. Payment of the Total Rent shall be made to Landlord, unless Landlord designates in writing some other party to whom payment should be made. Payment of Total Rent must be made in advance, on or before the first (1st) day of each month of this Lease. A late fee of 25% of the Total Rent will be assessed each month if the Total Rent is not received by Landlord on or before the thirdfirst day of such month. 4.5 Bit-se -Total Rent Tenant will pay the total rent which will be increased annually as follows: Month 1 thru Month 6 Month 7 thru Month 18 Month 19 thru Month 30 Month 31 thru Month 42 Month 43 thru Month 54 Month 55 thru Month 66 4.6 Cassan Enterprises Lease 09/14/2009.doc $0.00 per month Full Service $3,120.00 per month Full Service $3,214.00 per month Full Service $3,310.00 per month Full Service $3,409.00 per month Full Service $3,511.00 per month Full Service 4.6.1 In addition to Base Rent, Tenant shall pay its pro rata share of which represents the ratio of Tenant's rentable floor area to the total rentable floor area of the 4.6.1.1 All insurance, premiums, and deductibles; 4.6.1.2 All utility charges (other than thos separately metered and paid for by Tenant or other tenant* 9 Landlord's Initials: Tenant's Initials: assessments, property valuation; 4.6.1.4 g, and maintaining parking lots, sidewalks, driveways, landscaping, and other areas used in common with other tenants; 4.6.1.5 All janitorial and cleaning services, including without limitation trash removal; Premises; 4.6.1.7 costs levied, assessed or imposed by, or at the direction 4.6.1.8 services, landscape maintenance, similar costs; reasonable time determined by Landlord). 4.7 Communications Internet Access. Landlord shall make available telecommunications and Internet access to the Premises. Tenant may install, maintain, replace, remove and use communications or computer wires, cables and related devices at Cassan Enterprises Lease 09/14/2009.doc 4.6.1.3 All real estate taxes, in uding T ID assess rents, or special 4.6.1.10 Amortization (in accordance e Premises and common areas. The cost -fer 10 c.;, and any other es serving the es, materials and tools associated Landlord's Initials: Tenant's Initials: or serving the Ppremises only with Landlord's prior written consent. Tenant shall locate all electronic telecommunications equipment within the Premises and shall coordinate the location of all telecommunications and Internet wires, cables and related devices with Landlord. Landlord reserves the right to require that Tenant remove any telecommunications or Internet wires, cables and related devices in or serving the Premises which are installed in violations of these provisions or which are at any time in violation of any laws or present a dangerous condition within five (5) days after written notice. Landlord shall have no liability for damages arising from, and Landlord does not warrant that the Tenant's use of any telecommunications or Internet lines, cables or other devices will be free from the following (collectively called "Line Problems any shortages, failures, variations, interruptions, disconnections, loss or damage caused by the installation, maintenance or replacement, use or removal of telecommunications or Internet cables, lines or devices by or for other tenants or occupants in the building, by any failure of the environmental conditions or the power supply for the building to conform to any requirement of the telecommunications or Internet lines, cables or devices and /or any associated equipment, or any other problems associated with any such equipment by any other cause; any failure of such cables, lines and other devices to satisfy Tenant's requirements; or any eavesdropping or wiretapping by unauthorized parties. Landlord in no event shall be liable for damages by reason of loss of profits, business interruption or other consequential damages arising from any Line Problems. 5. OPTION PERIOD Tenant shall have the option to extend the term of this Lease for two (2) periods for five years each on the terms and conditions as set below: 5.1 Total Rent during the option periods shall be negotiated. The Option shall be exercised by Tenant's written notice delivered to Landlord no later than six (6) months, and no earlier than one calendar year, before the expiration of the then current Lease Term. This Option may not be exercised if Tenant is in default under any terms of this Lease Agreement. The Total Rent shall be of fair market rent, but not less than 103% of the rent in Year 5. 6. sr e I� 11? e l r Upon commencement of this Lease, Landlord shall submit to Tenant a statement of the for the period between such Cassan Enterprises Lease 09/14/2009.doc 11 Landlord's Initials: Tenant's Initials: commencement and the following January. Tenant shall pay these operating and Tenant a statement s Tenant' then current calendar year and the amount of monthly payments which are then experience. Lease terminates or expires. Conversely, if any overpayment is made by Tenant, it shall provided. Landlord';, b will be conclusive on the parties. 7. SECURITY DEPOSIT Cassan Enterprises Lease 09/14/2009.doc 12 allocable share ass than the s based on the prior year's for the then current year with actual after each calendar year as mplated, Landlord nd property expenses and --the estimated eemed a waiver of Tenant's duty to pay sums-as-herein 7.1 Amount. Tenant shall be required to make a security deposit upon execution of this Lease. Tenant shall deposit with Landlord the sum of Five Thousand Dollars ($5,000.00) as security for Tenant's faithful performance of Tenant's Lease obligations. Landlord may commingle the Security Deposit with its other funds and shall not be required to keep the security deposit separate from its general accounts. If Tenant fails to pay rent or other charges due hereunder, or otherwise defaults with respect to any provision, Landlord may retain or use all or a portion of the security deposit. If Landlord retains or uses any portion of the security deposit, Tenant shall within five (5) days after written demand deposit cash with Landlord in an amount sufficient to restore the security Landlord's Initials: Tenant's Initials: deposit to the full amount stated above. Tenant's failure to do so shall be a breach of this Lease and Landlord may, at its option, terminate the lease. 7.2 Return. If Tenant performs all of Tenant's obligations hereunder, the security deposit (or so much of it as has not been retained or used by Landlord) shall be returned to Tenant (or, at Landlord's option, Tenant's last assignee) within ten (10) days after the expiration of the term hereof, or after Tenant has vacated the Premises, whichever is later. Tenant shall not be entitled to interest on the security deposit. 8. USE OF PREMISES 8.1 Tenant's Use. Tenant will use the Premises for General Office and for no other purpose without written consent of Landlord. The Premises shall not be used in any way which constitutes a violation of any law, ordinance, regulation or order, or which constitutes a nuisance, hazard or risk of contamination (whether or not unlawful when this L1ease was executed). Regardless of the actual zoning of the Premises, the Premises shall not be used in any manner, which would not be allowed to be carried on adjacent to a public school within the zoning in the jurisdiction. The Premises shall not be used for the sale or viewing of any sexually- oriented material, adult entertainment, nor the sale of illegal drugs. Tenant shall not do or permit anything to be done in the Premises or on the property that will obstruct or interfere with the rights of other tenants or occupants of the property or their customers, clients and visitors, or to injure or annoy such persons. Tenant shall not service, maintain or wash vehicles anywhere on the Premises. 8.2 Licenses and Permits. Tenant shall obtain and pay for all necessary licenses and /or permits. Tenant shall take all action necessary to comply with all applicable statutes, ordinances, rules, regulations, orders and requirements regulating the use of the Premises, including applicable federal, state, and local environmental laws, rules, regulations and ordinances; the Americans with Disabilities Act; and federal and state occupational safety and health laws. 8.3 Indemnity. Tenant shall indemnify Landlord and hold Landlord harmless from any and all costs, claims or liability arising from Tenant's use of the Premises. Tenant shall defend Landlord against any such cost, claim or liability at Tenant's expense, with legal counsel selected by Washingon Cities Insurance Authority (WCIA). Tenant shall reimburse Landlord for all legal fees and cost incurred by Landlord in connection with any such claim. 9. ACCIDENTS AND LIABILITY Cassan Enterprises Lease 09/14/2009.doc 13 Landlord's Initials: Tenant's Initials: Landlord shall have no liability whatsoever for any damage to or loss of or theft of Tenant's personal property, including, but not limited to, automobiles, furniture, computer and other technological systems, telephone systems, and electronic and other records. Landlord or Landlord's agents shall not be liable for any damage or clean -up expense, either to persons or property, sustained by Tenant or others caused by any defects now in the Premises or hereafter occurring therein, or due to the condition of the building in which the Premises are situated, or any part or appurtenance thereof, arising out of any repair or caused by any event or act or neglect of any person, or caused by any interruption of utility services. It is the intention of the parties that Tenant and not Landlord shall be liable for any injury or death to any person, including Tenant's employees, or for any loss or damage to any property (including property of Tenant) occurring in or about the Premises from any cause whatsoever. Except as provided in Paragraph 9 hereof, Tenant shall hold and save Landlord harmless to the full extent permitted by law, from all loss, damage, liability, or expense (including attorneys fees and costs), resulting from any actual or alleged injury to or death to any person (and in connection therewith Tenant waives the protection afforded Tenant by the workers compensation laws) and /or from damage, loss or destruction to or of any tangible or intangible property occurring on or adjacent to the leased premises which results from or (1) Tenant's use of or occupation of the leased and/or adjoining premises; (2) or any act or omission of Landlord and /or Landlord's other tenants, licensees, employees, officers, directors, agents, employees, guests or visitors. The obligations of Tenant hereunder are independent from and in addition to Tenant's and the insurer's obligations under paragraph 10 hereof and the obligations hereunder shall continue after the expiration or termination of the Lease with respect to events which occurred during the term of this Lease. 10. WAIVER OF CLAIMS AND INDEMNIFICATION 10.1 Waiver of Claims. To the extent not prohibited by law, and except as provided below, Tenant hereby expressly releases Landlord, its property manager and their respective officers, agents, directors, representatives, shareholders, members, subsidiaries, affiliates, related entities, partners, employees and lenders (collectively, "Landlord's Indemnitees from and waives all claims for, damage or injury to person, theft, loss of use of or damage to property and loss of business sustained by Tenant resulting from any cause, including but not limited to, the Premises or any part thereof or the building at which the premises are located, or any equipment therein or appurtenances thereto falling into disrepair, or resulting from any damage, accident or event in or about the Premises or any willful, intentional or negligent act or omission of any person. Without limiting the generality of the foregoing, this paragraph shall apply particularly, Cassan Enterprises Lease 09/14/2009.doc 14 Landlord's Initials: Tenant's Initials: but not exclusively, to flooding, damage caused by any equipment and apparatus, water, snow, frost, steam, excessive heat or cold, broken glass, sewage, gas, odors, excessive noise or vibration, death, loss, conversion, theft, robbery, assault, battery, homicide, or the bursting or leaking of pipes, plumbing fixtures, sprinkler devices, or any interruption of utility services. Without limiting the generality of the foregoing, Tenant waives all claims and rights of recovery against Landlord, and Landlord's Indemnitees for any loss or damage to any property or person of Tenant, which loss or damage is insured against, or required to be insured against, by Tenant pursuant to this Lease, whether or not such loss or damage is due to the fault or negligence of Landlord, or Landlord's Indemnitees, and regardless of the amount of insurance proceeds collected or collectible under any insurance policies in effect, and Tenant further agrees that all such property of Tenant shall be a the risk of Tenant only and Landlord and Landlord's Indemnitees shall not be liable for any loss or damage thereto or the theft or conversion thereof and Tenant completely releases and exculpates Landlord and Landlord's Indemnitees therefrom. This provision shall survive the expiration or termination of the Lease. 1 n 2 frra_e n Tenant agree;, to index fy, defend and hold harmless actions, liabilities, -es-Rcs (i lu ng attorncys'' fees) incurre d to any persons and damage to or the s, from and aiEnst any and all claim:,, demands, .n�urtes, fines, penalties, liens, d�cs, :,osts and expenses by Landlord or Landlord's Indemnitees, for injuries a: of property or about the Prcmis�s (i) from the use, occupancy, maintenance a eeawr d in" repair of or about the Premises (including, Without limitation, any altera any breach or.. default 'on the part of Tenant in the performance of any covenant or other act or omission of° Tenant, its subtenants, aasignees, servants, guests, suppliers, invitecc employees "contractors and agents. I` ding is filed against ale Gent- y k. gal counsel reasonably satisfactory to Landlord and Landlord's Indemnitees, if requested by landlord. The foregoing indemnity 10.2 Workers Compensation. The indemnification obligations contained in this Section shall not be limited by any worker's compensation, benefit or disability laws, and each indemnifying party hereby waives any immunity that said party may have under the Washington Industrial Insurance Act, Title 51 RCW, and similar worker's compensation, benefit or disability laws. LANDLORD AND TENANT ACKNOWLEDGE BY THEIR EXECUTION OF THIS LEASE THAT EACH INDEMNIFICATION PROVISION OF THIS LEASE (INCLUDING, BUT NOT LIMITED TO, THOSE RELATING TO Cassan Enterprises Lease 09/14/2009.doc 15 Landlord's Initials: Tenant's Initials: WORKER'S COMPENSATION BENEFITS AND LAWS) WAS SPECIFICALLY NEGOTIATED AND AGREED TO BY LANDLORD AND TENANT. 11. INSURANCE 11.1 Tenant's Insurance. Without limiting tenant's obligations and responsibilities, Tenant is required to maintain liability insurance and property insurance as described below. Such insurance shall be at Tenant's own expense and must be with an insurance company or companies licensed to do business in Washington and having a general policy holder's rating of not less than "A" and a financial rating of not less than Class "X" in the most current edition of Best's Insurance Reports. Insurance policies required to be maintained by Tenant shall provide that such policies are not subject to material alteration or cancellation except after at least thirty (30) days' prior written notice to Landlord, and shall be primary as to Landlord. Tenant shall provide Landlord with copies of the insurance policies required herein and annual proof of coverage. Landlord shall be named as an additional named insured on all such policies. If Tenant fails to maintain such insurance, Landlord may do so, without waiving any other rights or remedies. In such event, Tenant shall reimburse Landlord on demand for the full expense. If, on account of the failure of Tenant to comply with the foregoing provisions, Landlord is adjudged a co- insurer by its insurance carrier, then, any loss or damage Landlord shall sustain by reason thereof, including attorneys' fees and costs, shall be borne by Tenant and shall be immediately paid by Tenant upon receipt of a bill thereof and evidence of such loss. Landlord, its agents and employees, make no representation that the limits of liability specified to be carried by Tenant under this Lease are adequate to protect Tenant. If Tenant believes that any such insurance coverage is insufficient, Tenant shall provide, at its own expense, such additional insurance as Tenant deems adequate. 11.2 Liability Insurance. Tenant must maintain adequate commercial general liability insurance on an occurrence basis in the minimum amounts of $1,000,000 for property damage and in the minimum amounts of $2,000,000 (per individual) and $2,000,000 (per accident) for personal injuries. Such insurance must indemnify both Landlord and Tenant against any such claims demands, losses, damages, liabilities and expenses, including contractual liability assumed under this Lease, and shall not include any non standard exclusions. Landlord shall be named as one of the insured under such policy(ies). Landlord shall be furnished with a copy of such policy(ies). Such policy(ies) shall bear an endorsement that the same shall not be canceled except upon ten (10) days prior written notice to Landlord. Neither the Tenant nor any of Tenant's officers, directors, employees, agents or shareholders will make any contention that any of them Cassan Enterprises Lease 09/14/2009.doc 16 Landlord's Initials: Tenant's Initials: are an "Insured" or entitled to insurance protection under any insurance policy purchased by Landlord. 11.3 Property Insurance. Tenant shall also maintain insurance covering its furniture, fixtures, equipment and inventory in an amount equal to the full insurable value thereof, against fire and risks covered by a standard fire insurance policy with an extended coverage endorsement and insurance covering all plate glass and other glass on the leased premises. 11.4 Automobile Coverage. Tenant shall at all times during the term of this Lease at its own expense keep in full force and effect business automobile liability insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence, covering owned, non owned, and hired automobiles that may be used at the Premises. 11.5 Worker's Compensation. Tenant shall at all times during the term of this Lease comply with the worker's compensation and employment liability laws of the state in which the Premises is located. In addition, Tenant shall at all times during the term of this Lease, at its own expense, keep in full force and effect employer's liability coverage with a minimum of One Million Dollars ($1,000,000) per accident, One Million Dollars ($1,000,000) for injury by disease of more than one person, and One Million Dollars ($1,000,000) per employee for injury by disease. 11.6 No Representation. Landlord makes no representation that the limits of liability required of Tenant by this Lease are adequate to protect Tenant. In the event Tenant believes that the insurance coverage required by this Lease is insufficient, Tenant shall provide, at its own expense, such additional insurance as Tenant deems adequate. 11.7 Additional Requirements. Tenant shall require each of its contractors and trades people to carry insurance in amounts and standards specified in this Lease or as Landlord may from time to time require. 11.8 Notices. Tenant shall immediately furnish Landlord with a copy of any written notice received, or a written summary of any oral notice received, from any governmental or quasi governmental authority, insurance company, inspection bureau or any other third party as it relates to the Premises. 11.9 Waiver of Subrogation. Notwithstanding the provisions of Paragraph 10, Landlord and Tenant hereby release each other and any other tenant, their respective agents or employees, from responsibility for, and waive their entire claim of recovery for any loss or damage arising from any cause covered by insurance required to be carried by Cassan Enterprises Lease 09/14/2009.doc 17 Landlord's Initials: Tenant's Initials: each of them. Each party shall provide notice to the insurance carrier or carriers of this mutual waiver, and shall cause its respective insurance carriers to waive all rights of subrogation against the other. This waiver shall not apply to the extent of the deductible amounts to any such policies or to the extent of liabilities exceeding the limits of such policies. 12. ASSIGNMENT 12.1 Tenant Assignment. Tenant shall not let or sublet the whole or any part of the Premises nor assign this Lease or any part thereof without the consent of the Landlord. Landlord may withhold such consent in its sole and absolute discretion. In the event Landlord elects to consent to an assignment by Tenant, Landlord may charge a transfer fee for such transfer equal to one month's Total Rent. This Lease shall not be assignable by operation of law. If Tenant is a corporation or limited liability company, then the transfer, by any means, of voting control of Tenant or the transfer of more than 49% of the value of all the stock or membership interests of the Tenant to any party or parties, whether in one or more transfers, shall be deemed an assignment and shall require Landlord's consent. 12.2 Tenant's Continuing Obligation. If the Premises are sublet or if an assignment of this Lease is made, the assignor (and, if applicable, all prior assignors and those persons personally guaranteeing the lease) shall remain personally responsible and liable directly to the Landlord for the payment of rent and for the fulfillment of all other obligations, including during any extension of the Lease through the exercise of any options then outstanding at the time of the assignment. If assignment results in any rental in excess of the rental payable hereunder, such excess rental shall be the property of the Landlord and Tenant shall cause the same to be paid directly to the Landlord. 12.3 Landlord Assignment. Landlord shall have the right to assign its interest in this Lease without consent of Tenant. 13. ACCESS Tenant will allow Landlord or Landlord's agents free access to the Premises at all reasonable times with one day advance notice. 14. LIENS Cassan Enterprises Lease 09/14/2009.doc 18 Landlord's Initials: Tenant's Initials: Tenant shall keep the Premises and the property at which the Premises are situated free from any liens. Tenant shall indemnify and hold Landlord harmless from liability from any such lien including, without limitation, liens arising from alterations and repairs. 15. INSOLVENCY In the event Tenant becomes insolvent, files or otherwise becomes subject to any federal or state's insolvency laws, or if a receiver, assignee or other liquidating officer is appointed for the business of the Tenant, or if any of the Tenant's property is levied upon or attached, then Landlord shall, in its sole and absolute discretion, have the option to immediately terminate this Lease in addition to any other rights or remedies Landlord has or may have in law or equity. 16. REPAIRS AND SURRENDER OF PREMISES The Premises have been inspected, or if construction or alteration thereof is contemplated, then the Premises will be inspected when Tenant assumes possession. The Premises are, or will be upon taking possession, accepted "as is" except only for any exceptions noted in writing by Tenant and consented to in writing by Landlord. All repairs shall be at Tenant's sole cost and expense. Tenant agrees that upon termination of this Lease, Tenant will quit and surrender the Premises without notice, in a neat and clean condition and in the same condition as at the Commencement Date. ordinary wear and tear excepted, and will deliver up all keys belonging to said Premises to the Landlord or Landlord's agents. At the termination of this lease Tenant will remove all Tenant's trade fixtures and repair all damage caused by the removal including the cost of abiding by building code provisions then in effect and, if appropriate, painting and repairing areas adjacent to or effected by the removal. 17. DAMAGE. DESTRUCTION. OR CONDEMNATION 17.1 Damage and Repair. Except in cases where the Premises or that portion of the property necessary for Tenant's occupancy becomes untenantable from insured loss, it shall be the duty of the Tenant to repair damage to the Premises from any cause, including but not limited to water damage. To the extent that any damage to the Premises or that portion of the property necessary for Tenant's occupancy is covered by insurance, Landlord will aid Tenant in efforts to obtain any proceeds from such insurance. 17.1.1 If the Premises or that portion of the property necessary for Tenant's occupancy is damaged by fire or other insured casualty to an extent which makes a significant portion or all of the Premises untenantable, then Tenant shall give Cassan Enterprises Lease 09/14/2009.doc 19 Landlord's Initials: Tenant's Initials: notice of such event to Landlord. The Landlord shall, within sixty (60) days after receipt of such notice, advise Tenant whether Landlord elects to repair or replace the Premises or elects to terminate this Lease. If the Landlord fails to give notice of Landlord's intention within such time period, Tenant shall give Landlord notice that the election by the Landlord is required and if Landlord does not advise Tenant within five (5) days of Landlord's election to repair or replace, this Lease shall terminate. If the Landlord elects to repair or rebuild, the Landlord will proceed to do so with reasonable diligence commencing upon settlement of any insurance claim or, if there is no such claim, as soon as practicable. 17.1.2 If this Lease is not terminated then the rent shall be abated to the extent the Premises or that portion of the property necessary for Tenant's occupancy are untenantable until substantial completion of the repair or reconstruction. The telin of this Lease shall not be extended by virtue of the Premises being untenantable for any period of time. 17.2 Condemnation. If the Premises or any portion of the property where the Premises are located is taken by eminent domain or sold to one having the power of eminent domain under threat of condemnation, then Tenant automatically assigns and relinquishes to Landlord any right which the Tenant might have against the party having the power of eminent domain. 17.2.1 Notice. Tenant shall notify Landlord if Tenant becomes aware that any portion of the Land or Building will be taken in condemnation proceedings or by exercise of any right of eminent domain (any such action being hereinafter referred to as a "Taking or if Tenant becomes aware of the commencement of any proceedings which might result in a Taking. 17.2.2 Total Taking. In the event of the Taking of the entire Premises, this Lease shall terminate as of the date of such Taking, without affecting Landlord's right to recover damages as a result of such taking. In the case of a Taking of a portion of the Premises or portion of the Land or Building which shall, in Landlord's judgment, render the Premises inadequate or unsuitable for use by Tenant for the uses or purposes intended by Tenant, this Lease shall terminate as of the date of such Taking, at Landlord's sole and absolute discretion. The Taking described in each of the two preceding sentences is herein referred to as a "Total Taking." 17.2.3 Partial Taking. In the case of a Taking other than a Total Taking (a "Partial Taking this lease shall remain in full force and effect; provided, however, that: Cassan Enterprises Lease 09/14/2009.doc 20 Landlord's Initials: Tenant's Initials: 17.2.3.1 on the date of such Taking this Lease shall terminate as to the portion of the Premises rendered inaccessible, untenantable or unfit for use by Tenant (which portion shall be deemed excluded from the Premises); 17.2.3.2 the Base Rent shall be reduced by the percentage of rentable square feet of the Premises rendered inaccessible, untenantable or unfit for use by Tenant; 17.2.3.3 the rentable square feet of the Building and rentable square feet of the Premises shall be appropriately adjusted; and 17.2.4 Tenant's Right to Participate. Tenant shall only have the right to participate in any proceeding relating to a Taking in order to recover moving expenses incurred by Tenant and assigns to Landlord any right to recover any other award. 17.2.5 Temporary Taking. In the event of a temporary Taking, the effect of which is to render all or any portion of the Premises untenantable, inaccessible or unfit for use by Tenant, Base Rent hereunder, or a portion thereof in proportion to the area of the Premises so rendered untenantable, inaccessible or unfit for use by Tenant, shall abate for so long as the premises, or portion thereof, is untenantable, inaccessible or unfit for use by Tenant; provided, however, in the event of a temporary Taking which renders the Premises, or a portion thereof, untenantable, inaccessible or unfit for use by Tenant for one hundred eighty (180) days following such Taking, Tenant may terminate this Lease as to the Premises, or a portion thereof, which has been rendered untenantable, inaccessible or unfit for use by Tenant by giving written notice to Landlord no later than thirty (30) days after the expiration of said one hundred eighty (180) day period. In the event this Lease is terminated with respect to only a portion of the Premises, Base Rent shall be reduced in proportion to the area of the Premises with respect to which this Lease is so terminated. 18. ALTERATIONS 18.1 Tenant Alterations. Tenant shall not make any alterations, additions or improvement in the Premises without the prior written consent of Landlord. Landlord shall have sole and absolute discretion whether to give its consent. All alterations, additions and improvements shall be at the sole cost and expense of Tenant, shall become the property of the Landlord, and shall remain in and be surrendered with the Premises upon termination, without disturbance, molestation or injury. If, with Landlord's consent, the Tenant performs any work, Tenant agrees to comply with all laws, Cassan Enterprises Lease 09/14/2009.doc 21 Landlord's Initials: Tenant's Initials: ordinances, rules and regulations. Tenant further agrees to hold Landlord free and harmless from damage, loss or expense arising out of said work. 18.2 Landlord Alteration. Tenant agrees that Landlord has the right to make alterations to the Premises, and to the property at which the Premises are situated. Landlord shall not be liable for any damage which Tenant might suffer by reason of such undertaking. 18.3 Landlord's Reserved Rights. Landlord reserves the following rights, each of which Landlord may (but shall have no obligation to) exercise without notice to Tenant (except as provided herein) and without liability to Tenant, and the exercise of any such rights shall not be deemed to constitute an eviction or disturbance of Tenant's use or possession of the Premises and shall not give rise to any claim for set -off or abatement of Total Rent or any other claim: 18.3.1 to use any roofs, exterior portions of the Premises (including fire escapes and ladders), and land, improvements and air and other rights below or above the Premises or outside the demising walls of the Premises and such areas and risers within the Premises as are used for utility lines and other facilities or equipment required to serve the Building and occupants thereof; 18.3.2 upon reasonable prior verbal or written notice to Tenant to change the name or street address of the Building or the suite number of the Premises; 18.3.3 to install, affix and maintain any and all signs on the exterior (including the roof) or interior of the Building identifying the Building or tenants; 18.3.4 upon reasonable prior verbal or written notice to Tenant (except in the case of an emergency) to make repairs, decorations, alterations, additions, or improvements, whether structural or otherwise, in and about the Building, and for such purposes to enter upon the Premises, temporarily close doors, corridors and other areas in the Building and interrupt or temporarily suspend services or use of common areas, and Tenant agrees to pay Landlord for overtime and similar expenses incurred if such work is done other than during ordinary business hours at Tenant's request and with Landlord's consent thereto; 18.3.5 to retain at all times, and to use upon reasonable prior verbal or written notice to Tenant (except in the case of an emergency) in appropriate instances, keys to all doors within and into the Premises; Cassan Enterprises Lease 09/14/2009.doc 22 Landlord's Initials: Tenant's Initials: 18.3.6 to grant to any person or to reserve unto itself the exclusive right to conduct any business or render any service in the Building; 18.3.7 to show or inspect the Premises upon reasonable prior verbal or written notice to the Tenant (except in the case of an emergency) at reasonable times and, if vacated or abandoned or if Tenant's right to possession of the Premises is terminated, to decorate, remodel, repair, alter or otherwise prepare the Premises for re- occupancy; 18.3.8 upon reasonable prior verbal or written notice to Tenant (except in the case of an emergency) to install, erect, use and maintain in and through the Premises, risers, pipes, conduits, wires and ducts serving the Building, provided that such installation, use and maintenance does not unreasonably interfere with Tenant's use of the Premises; 18.3.9 to designate and approve all window coverings used in the Building; 18.3.10 to approve the weight, size and location of safes, vaults, bookshelves, files, computers, word processing equipment and other heavy equipment and articles in and about the Premises and the Building so as not to exceed the live load per square foot designated by the structural engineers for the Building, and to require all such items and furniture and similar items to be moved into or out of the Building and the Premises only at such times and in such manner as Landlord shall reasonably direct in writing; 18.3.11 to establish control and rules for the purpose of regulating all property and packages, both personal and otherwise, to be moved into or out of the Building and the Premises and all persons using the Building after normal business hours; 18.3.12 to regulate delivery and service of supplies and the usage of loading docks, and parking areas and freight elevators; 18.3.13 to enter the Premises at any reasonable time to inspect the Premises for any reason whatsoever; 18.3.14 to take any and all action to protect and ensure access at all times to the Building or particular space or suites therein; and 18.3.15 to take any other action which Landlord deems reasonable in connection with the operation, maintenance or preservation of the Building. Cassan Enterprises Lease 09/14/2009.doc 23 Landlord's Initials: Tenant's Initials: 18.4 Substitute Premises. Landlord may upon thirty (30) days' prior notice to Tenant, substitute for the Premises other premises in the Building (the "New Premises provided, that the New Premises shall be reasonably usable for Tenant's business hereunder. Tenant agrees to cooperate with Landlord in all ways to facilitate the expeditious scheduling, staging and completing of such substitution. Landlord shall pay the direct expenses incurred by the Tenant to relocate within the Premises. Landlord shall not be liable to Tenant for any damages or loss of business, income or profits by reason of such substitution. If Tenant fails to surrender and vacate the Premises on the date designated by Landlord as the effective date for such substitution, then such retention of possession of the Premises shall be deemed a breach of this Lease by Tenant. 19. SIGNS Tenant shall be permitted to have signage on the building and door to Ppremises with prior approval from the Landlord. The signage shall meet the codes requirements of the local municipality and be approved by Landlord. No signs or symbols may be placed at the Premises or upon the property where the Premises are located without the prior written approval of the Landlord. Tenant covenants and agrees that on termination of the Lease it will remove any signs placed on the Premises and repair any damage or injury to the Premises caused thereby at Tenant's expense. If Tenant fails to remove the signs then Landlord may have them removed and may have any damage repaired at Tenant's expense. All signs shall be of a uniform and acceptable size, shape and appearance. Upon notice from the Landlord reasonably specifying such size, shape and appearance, the Tenant will cause its signs to comply with such notice. Tenant must have all signs manufactured and installed by a firm approved in writing in advance by Landlord. The Landlord may place "For Rent" signs upon the Premises in prominent locations selected by Landlord for the ninety (90) days preceding termination of this Lease. Landlord may at any time, and without compensation to Tenant, place billboards or "for sale" signs upon the Premises in prominent locations selected by Landlord. In any of the following events, this Lease may be terminated without cause by the Cassan Enterprises Lease 09/14/2009.doc where the Premises are situated; or perty of which the Premises are a part, or upon adjacent 24 Landlord's Initials: Tenant's Initials: above, Tenant sh 20. DEFAULT The following occurrences shall each be deemed an Event of Default by Tenant: 20.1 Failure To Pay. Tenant fails to pay any sum, including Total Rent, due under this Lease within three (3) days after the due date. 20.2 Vacation/Abandonment. Tenant vacates the Premises (defined as an absence for at least fifteen (15) consecutive days without prior notice to Landlord), or Tenant abandons the Premises (defined as an absence of five (5) days or more while Tenant is in breach of some other term of this Lease). Tenant's vacation or abandonment of Premises shall not be subject to any notice or right to cure. 20.3 Insolvency. Tenant becomes insolvent, voluntarily or involuntarily bankrupt, or a receiver, assignee or other liquidating officer is appointed for Tenant's business, provided that in the event of any involuntary bankruptcy or other insolvency proceeding, the existence of such proceeding shall constitute an Event of Default only if such proceeding is not dismissed or vacated within sixty (60) days after its institution or commencement. 20.4 Lew or Execution. Tenant's interest in this Lease or the Premises, or any part thereof, is taken by execution or other process of law directed against Tenant, or is taken upon or subjected to any attachment by any creditor of Tenant, if such attachment is not discharged with fifteen (15) days after being levied. 20.5 Failure to Comply with Rules and Regulations. Tenant fails to comply with the Rules and Regulations, if the failure continues for a period of twenty -four (24) hours after notice if such failure is given by Landlord to Tenant. If the failure to comply cannot reasonably be cured within twenty -four (24) hours, then Tenant shall not be in default under this Lease if Tenant commences to cure the failure to comply with twenty -four (24) hours and thereafter diligently and in good faith prosecutes such cure to completion. 20.6 Other Non Monetary Defaults. Tenant breaches any agreement, term or covenant of this Lease other than one requiring the payment of money and not otherwise enumerated in this Section, and the breach continues for a period of fifteen (15) days after notice by Landlord to Tenant of the breach. The fifteen (15) day grace period shall not Cassan Enterprises Lease 09/14/2009.doc 25 Landlord's Initials: Tenant's Initials: apply to Tenant's breach of its obligations to maintain insurance coverage under Section 11. 20.7 Failure to Take Possession. Tenant fails to take possession of the Premises on the Commencement Date. 21. REMEDIES Landlord shall have the following remedies upon an Event of Default. Landlord's rights and remedies under this Lease shall be cumulative, and none shall exclude any other right or remedy allowed by Law. 21.1 Termination of Lease. Landlord may terminate Tenant's interest under the Lease, but no act by Landlord other than written notice from Landlord to Tenant of termination shall terminate this Lease. The Lease shall terminate on the date specified in the notice of termination. Upon termination of this Lease, tenant shall remain liable to Landlord for damages in an amount equal to the Total Rent and other sums that would have been owing by Tenant under this Lease for the balance of the Lease Term, less the net proceeds, if any, of any reletting of the Premises by Landlord subsequent to the termination, after deducting all Landlord's Reletting Expenses (as defined below), Landlord shall be entitled to either collect damages from Tenant monthly on the days on which Total Rent or other amounts would have been payable under the Lease, or alternatively, Landlord may accelerate Tenant's obligations under the Lease and recover from Tenant: 21.1.1 the worth at the time of award of the amount of unpaid Total Rent that had been earned at the time of termination (including interest at the default rate of eighteen percent (18 per annum 21.1.2 the worth at the time of award of the amount by which the unpaid Total Rent that would have been earned after termination until the time of award exceeds the amount of rent loss that Tenant proves could reasonably have been avoided (including interest at the default rate of eighteen percent (18 per annum); 21.1.3 the worth at the time of award of the amount by which the unpaid Total Rent for the balance of the Term of the Lease after the time of award exceeds the amount of Total Rent loss that Tenant proves could reasonably be avoided (discounting such amount by the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%)); and Cassan Enterprises Lease 09/14/2009.doc 26 Landlord's Initials: Tenant's Initials: 21.1.4 any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations under the Lease, or that in the ordinary course would be likely to result from the Event of Default, including without limitation attorney's fees and costs and Reletting Expenses described in Section 22.2. 21.2 Re -Entry and Reletting. Landlord may continue this Lease in full force and effect, regardless of whether Tenant shall have abandoned the Premises, and without demand or notice, re -enter and take possession of the Premises or any part thereof, expel the Tenant from the Premises and anyone claiming through or under the Tenant, and remove the personal property of either. Landlord may relet the Premises, or any part of them, in Landlord's or Tenant's name for the account of Tenant, for such period of time and at such other terms and conditions as Landlord, in its sole discretion, may determine. Landlord may collect and receive the rents for the Premises. Re -entry or taking possession of the Premises by Landlord under this Section shall not be construed as an election on Landlord's part to terminate this Lease, unless a written notice of termination is given to Tenant. Landlord reserves the right following any re -entry or reletting, or both, under this Section to exercise its right to terminate the Lease. During the Event of Default, Tenant will pay Landlord the Total Rent and other sums that would be payable under this Lease if repossession had not occurred, less the net proceeds, if any, after reletting the Premises, after deducting Landlord's Reletting Expenses. "Reletting Expenses" is defined to included all expenses incurred by Landlord in connection with reletting the Premises, including without limitation, all repossession costs, brokerage commissions, attorneys' fees and costs, remodeling and repair costs, costs for removing and storing Tenant's property and equipment, and rent concessions granted by Landlord to any new Tenant, prorated over the life of the new Lease. 21.3 Cure Default. Landlord may cure the default and charge the costs to Tenant, in which case Tenant shall pay such costs as additional Total Rent promptly upon demand, together with interest thereon at the rate of eighteen percent (18 per annum. 21.4 Acceleration. Landlord shall also have the right to declare the entire balance of the Total Rent for the remainder of the Term of this Lease to be due and payable immediately, and collect such balance in any manner not inconsistent with applicable law. Accelerated payments payable under this Lease shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment of Total Rent in advance. 21.5 Waiver of Redemption Rights. Tenant, for itself, and on behalf of any and all persons claiming through or under Tenant, including creditors of all kinds, hereby Cassan Enterprises Lease 09/14/2009.doc 27 Landlord's Initials: Tenant's Initials: waives and surrenders all rights and privileges that they may have under any present or future law, to redeem the Premises or to have a continuance of this Lease for the Lease Term, as it may have been extended. 21.6 Non payment of Additional Total Rent. All costs that Tenant agrees to pay to Landlord pursuant to this Lease shall in the event if non payment be treated as if they were payments of rent, and Landlord shall have all the rights herein provided for in case of non payment of Total Rent. 22. NON WAIVER OF BREACH The failure of the Landlord to insist upon strict performance of any portion of this Lease shall not waive any right or remedy of Landlord. Any approval given by Landlord under this Lease shall not waive Landlord's right of disapproval in any other instance. 23. REMOVAL OF PROPERTY In the event of any entry, or taking possession of the Premises, Landlord shall have the right (but not the obligation) to remove from the Premises all personal property and fixtures located therein. Landlord may store the same in any place selected by Landlord, including but not limited to a public warehouse, at the expense and risk of the owners of such property. Landlord has the right to sell such stored property, without notice to Tenant, after it has been stored for a period of thirty (30) days or more. The proceeds of such sale shall be applied first to the cost of such sale; second to the payment of the charges for storage, if any; third to the payment of any sums of money which may then be due from Tenant to Landlord; and the balance, if any, shall be paid to Landlord as liquidated damages. Nothing in this Section shall limit Landlord's right to sell Tenant's personal property as permitted by law to foreclose Landlord's lien for unpaid rent. 24. HEIRS AND SUCCESSORS Subject to the provisions pertaining to assignment and subletting, this Lease shall be binding upon the heirs, legal representatives, successors and assigns of the parties hereto. 25. HOLD -OVER If the Tenant shall hold over after the expiration of the term of this Lease, such tenancy shall be for an indefinite period of time on a month -to -month tenancy, which tenancy is terminable as provided by the laws of the State of Washington. During such tenancy Tenant agrees to pay to Landlord 150% of the rate of the Total Rent last payable under Cassan Enterprises Lease 09/14/2009.doc 28 Landlord's Initials: Tenant's Initials: this Lease, unless a different rate is agreed upon by Landlord, plus all other additional rent and payments payable under this Lease. However, in no event will the rent be less than the Total Rent set forth in this Lease and payable at the time of the hold -over. In addition, Tenant shall be bound by all of the terms, covenants, and conditions set forth herein. 26. AUTHORITY TO SIGN PERSONAL GUARANTY, JOINT AND S SEVERAL LIABILITY If Tenant is a corporation, the person(s) signing this Lease on behalf of the corporation hereby warrant(s) to Landlord he /she /they has /have full authority from such corporation to sign this Lease, and to obligate the corporation. this Lease. If more than one person or entity signs the Lease, each shall be jointly and severally liable hereunder. 27. NOTICES 27.1 General Notice Reauirement. Any notice, approval, consent or request required or permitted under this Lease shall not be effective unless in writing. Such notices shall be addressed to the person(s) entitled to notice, and shall be personally delivered to or mailed to the address stated below by certified or registered mail, return receipt requested and postage pre -paid. Such notices shall be deemed given on the day personally delivered or the day following mailing. Notices to the Landlord shall be delivered to 2737 78th Avenue S.E., Mercer Island, Washington 98040. Notices to Tenant shall be delivered to the Tukwila City Clerk, 6200 Southcenter Boulevard. Tukwila. WA 98188 with a copy to Seattle Southside Visitor Services, 3100 South 176 Street, Seatac, Washington 98188. If no address is specified then notice to the Tenant shall be given at the Premises by leaving a copy of the notice at the Premises. Any party may change the address provided above by notice given in accordance with this paragraph. 27.2 Notice of Landlord Non Compliance. If Tenant believes Landlord has failed to perform any term or provision under this Lease required to be performed by Landlord, Landlord shall not be deemed to be in default hereunder nor subject to any claims for damages of any kind, unless such failure shall have continued for a period of thirty (30) days after written notice thereof by Tenant; provided, if the nature of Landlord's failure is such that more than thirty (30) days are reasonably required in order to cure, Landlord shall not be in default if landlord commences to cure such failure within such thirty (30) day period, and thereafter reasonably seeks to cure such failure to Cassan Enterprises Lease 09/14/2009.doc 29 Landlord's Initials: Tenant's Initials: completion. The aforementioned periods of time permitted for Landlord to cure shall be extended for any period of time during which Landlord is delayed in, or prevented from, curing due to fire or other casualty, strikes, lockouts or other labor troubles, shortages of equipment or materials, governmental requirements, power shortages or outages, acts or omissions by Tenant or other Persons, and other causes beyond Landlord's reasonable control. If Landlord shall fail to cure within the times permitted for cure herein, Landlord shall be subject to such remedies as may be available to tenant (subject to the other provisions of this Lease); provided, in recognition that Landlord must receive timely payments of Total Rent and operate the Property, Tenant shall have no right of self -help to perform repairs or any other obligation of Landlord, and shall have no right to withhold, set -off, or abate rent. 28. SUBORDINATION AND ATTORNMENT This Lease shall automatically be subordinate to any mortgage or deed of trust or other financing instrument created or granted by Landlord that is now existing or hereafter placed upon the Premises including any advances, interest, modifications, renewals, replacements or extensions "Landlord's Mortgage provided that if the holder of such Landlord's Mortgage elects to have this Lease be superior to such Landlord's Mortgage, Tenant agrees that the Lease shall be superior. Tenant shall attorn to the holder of any Landlord's Mortgage or any person(s) acquiring the Premises at any sale or other proceeding under any Landlord's Mortgage provided such person(s) assume the obligations of Landlord under this Lease. Tenant shall promptly, and in no event later than fifteen (15) days after request, execute, acknowledge and deliver documents that the holder of any Landlord's Mortgage may reasonably require as further evidence of this subordination and attornment. 29. ESTOPPEL CERTIFICATES 29.1 Tenant Obligation to Provide Estoppel. Upon Landlord's written request, Tenant shall execute, acknowledge and deliver to Landlord a written statement certifying the following: 29.1.1 that none of the terms or provisions of this Lease have been changed (or if they have been changed, stating how they have been changed); Cassan Enterprises Lease 09/14/2009.doc 29.1.2 that this Lease has not been canceled or terminated; 29.1.3 the last date of payment of the rent and other charges and the time period covered by such payment; 30 Landlord's Initials: Tenant's Initials: 29.1.4 that Landlord is not in default under the Lease (or, if Landlord is claimed to be in default, stating why); and 29.1.5 such other representations or information with respect to Tenant or the Lease as Landlord may reasonably request or which any prospective purchaser or encumbrancer of the Property may require. 29.2 Time and Deliveries. Tenant shall deliver such statement to Landlord within ten (10) days after Landlord's request. Landlord may give any such statement by Tenant to any prospective purchaser or encumbrancer of the Property. Such purchaser or encumbrancer may rely conclusively upon such statement as true and correct. 29.3 Tenant's Failure to Provide Estoppel. If Tenant does not deliver such statement to Landlord within such ten (10) day period, then Landlord, and any prospective purchaser or encumbrancer, may conclusively presume and rely upon the following as facts: 29.3.1 that the terms and provisions of this Lease have not been changed except as otherwise represented by Landlord; 29.3.2 that this Lease has not been canceled or terminated except as otherwise represented by landlord; 29.3.3 that not more than one month's rent or other charges have been paid in advance; and 29.3.4 that Landlord is not in default under the Lease. 29.4 Failure to Respond. If Tenant does not deliver such statement to Landlord within such ten (10) day period, Tenant shall be estopped from denying the truth of the above. 30. PERSONAL PROPERTY TAXES Tenant shall pay, or cause to be paid, before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Tenant's leasehold improvements, equipment, furniture, fixtures, and any other personal property located in the Premises. In the event any or all of the Tenant's leasehold improvements, equipment, furniture, fixtures, and other personal property shall be assessed and taxed with the real Cassan Enterprises Lease 09/14/2009.doc 31 Landlord's Initials: Tenant's Initials: property, Tenant shall pay to Landlord its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant's property. 31. RULES AND REGULATIONS Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate and /or modify. The rules and regulations shall be binding upon the Tenant upon delivery of a copy of them to Tenant. Landlord shall not be responsible to Tenant for the nonperformance of any rules and regulations by any other tenant or occupants. 32. at Landlord's option, cause this Lease. to be renewed for another he Tenant written notice at any time prior to the expiration of the Lease or of any renewal of the Lease that the Landlord has elected to renew this Lease. Upon such renewal all the terms of this Lease shall continue in effect and the rental provisions and the annual rental increases shall continue in effect 32. FINAL AGREEMENT PROCEDURE TO AMEND This is the final and a fully integrated agreement of the parties and all prior statements, promises, representations and /or discussions between or among the parties, whether or not in writing, are void if not set forth in this final agreement. All Parties represent and warrant to all other parties that he /she /it does not and will not rely upon any oral or written prior statements, promises, representations and /or discussions not set forth herein and will never seek to prove or assert that there is any agreement or understanding that varies, adds to, or supplements this document. No modification or alteration of this agreement nor any waiver, excuse, release, forbearance or forgiveness of any duty, obligation or of liability of Tenant hereunder shall be valid or binding on the Landlord unless the same is in writing and signed by the president of the Landlord. No employee or agent of Landlord has or will have the authority to modify or alter this agreement nor to waive, excuse, release, forbear or forgive any duty of Tenant. 33. LITIGATION 33.1 Jurisdiction and Venue. Any lawsuit arising from or in any way related to this Lease or alleged breach thereof, any personal injury or any other transaction or any Cassan Enterprises Lease 09/14/2009.doc 32 Landlord's Initials: Tenant's Initials: claimed act, error or omission of any party, shall be brought exclusively in the King County Superior Court, Seattle Division, and the parties hereby stipulate and agree that jurisdiction and venue shall be proper there. 33.2 Unlawful Detainer Action. The Landlord, at its option, may bring an action for unlawful detainer, forcible entry and detainer or ejectment in order to regain possession of the Premises, and no claim of off -set or claim that the Landlord is in any manner obligated to Tenant for breach of this Lease or from any other transaction shall be asserted as a defense to the Landlord's action. 33.3 Service of Process. Tenant agrees that service of legal process upon Tenant will be valid if given in any manner authorized by statute, or by depositing a copy of summons and other papers in the US mail, to be delivered by the first class mail, and addressed to the Tenant at any address provided in Paragraph 28. In such event, service of process will be deemed complete three (3) days after mailing. 33.4 Rent Control Waiver. Tenant waives the benefits of all existing and future Rent Control Laws and similar governmental rules and regulations, whether in time of war or not, to the extent permitted by law. 34. COSTS. ATTORNEYS FEES AND INTEREST If Landlord prevails in any lawsuit against Tenant, then Landlord shall be awarded its attorneys' fees and all costs and expenses expended or incurred, including the fees and costs of expert witnesses in connection with such litigation and in any appellate or collection proceedings, or in any mediation, arbitration, or bankruptcy proceeding. All sums due from Tenant to Landlord shall bear interest at the highest rate permitted by law and if there is no such established maximum rate then at 1 8% per annum. Interest shall begin to run from the date such sums are owed. 35. TENANT'S FINANCIAL CONDITION Within ten (10) days after, °written request from Landlord, Tenant shall deliver to Landlord such financial statements and Federal Tax returns as Landlord reasonably requires to verify the earnings and net' worth of tenant or any assignee, subtenant, or guarantor of Tenantafor the most recent three (3 ye ars. In addition, tenant shall deliver to any lender designated by Landlord any f n an cial statements and Federal Tax returns required by such lender t facil the financ or refinancing of the Property. Tenant represents and warrants to' Landlord that such financial statements and Federal Tax returns are true and accurate as of the date of such statements and returns. All financial Cassan Enterprises Lease 09/14/2009.doc 33 Landlord's Initials: Tenant's Initials: statements and Federal Tax returns (corporate and personal) shall be confidential and shall be used only for the purposes set forth in this Lease [Msofce2] 36. HAZARDOUS MATERIAL 36.1 Landlord's Representation and Warranty. Landlord represents and warrants to Tenant that to the best of Landlord's knowledge, there is no "Hazardous Material" (as defined below) on, in, or under the Premises as of the commencement date except as otherwise disclosed to Tenant in writing before the execution of this Lease. If there is any hazardous material on, in, or under the Premises as of the commencement date which has been or thereafter becomes unlawfully released through no fault of Tenant, the Landlord shall indemnify, defend and hold Tenant harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including without limitation sums paid in settlement of claims, attorney's fees, consultant fees and expert fees, incurred or suffered by Tenant either during or after the Lease term as the result of such contamination. 36.2 Tenant's Hazardous Substances. Tenant shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about, or disposed of on the Premises by Tenant, its agents, employees, contractors, or invitees, except in strict compliance with all applicable federal, state and local laws, regulations, codes and ordinances. If Tenant breaches the obligations stated in the preceding sentence, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses including, without limitation, diminution in the value of the Premises, damages for the loss or restriction on use of rentable or useable space or of any amenity of the Premises, or elsewhere, damages arising from any adverse impact on marketing of space at the Premises, and sums paid in settlement of claims, attorney's fees, consultant fees and expert fees incurred or suffered by Landlord either during or after the Lease term. These indemnifications by Landlord and Tenant include, without limitation, costs incurred in connection with any investigation of site conditions or any clean -up, remedial, removal, or restoration work, whether or not required by any federal, state, or local governmental agency or political subdivision, because of Hazardous Material present in the Premises, or in soil or ground water on or under the Premises. Tenant shall immediately notify Landlord of any inquiry, investigation or notice that Tenant may receive from any third party regarding the actual or suspected presence of Hazardous Material on the Premises. 36.3 Duration of Indemnity. Landlord's and Tenant's indemnification obligations under this section shall survive the expiration or earlier termination of this Lease. Cassan Enterprises Lease 09/14/2009.doc 34 Landlord's Initials: Tenant's Initials: 36.4 Response Activities. Without limiting the foregoing, if the presence of any Hazardous Material brought upon, kept upon or used in or about the Premises by Tenant, its agents, employees, contractors or invitees, results in any unlawful release of Hazardous Material on the Premises or any other property, Tenant shall promptly take all actions, at its sole expense, as are necessary to return the Premises or any other property, to the condition existing prior to the release of any Hazardous Material; provided that Landlord's approval of such actions shall first be obtained, which approval may be withheld at Landlord's sole discretion. 36.5 Definition of Hazardous Material. As used herein, the term "Hazardous Material" means any hazardous, dangerous, toxic or harmful substance, material or waste including biomedical waste which is or becomes regulated by any local governmental authority, the State of Washington, or the United States Government due to its potential harm to the health, safety, or welfare of humans or the environment. 37. PARKING 37.1 Tenant's Parking Spaces. Tenant and Tenant's employee(s) are allowed the use of six (6) parking stalls in common with other tenants. Four (4) additional parking stalls will be dedicated as visitor parking for Tenant. Tenant and Tenant's employee(s) may use additional parking as available after 6pm on weekdays and on weekends. Landlord, at Landlord's discretion, may police the parking and may make adjustments to hours and availability as necessary. 37.2 Assignment of Parkin Snaces. Tenant acknowledges and agrees that the parking facilities in the Building or other designated area may be assigned from time to time on such terms as may be determined by Landlord. If Landlord elects to rent parking stalls, then Tenant shall be entitled to rent parking stalls in the Building or other designated parking area on an unreserved basis upon such terms and at the prevailing monthly rate as established by Landlord from time to time, as separately agreed to by Landlord and Tenant. Tenant shall comply with the reasonable Rules and Regulations that Landlord or its garage operator may adopt from time to time for the safe and orderly operation of the parking areas. 40. BUILDING STANDARDS. All construction, tenant build -outs, remodels, etc. are to be done by contractors selected and chosen by Landlord in order to maintain building standards and uniformity. Plans are to be submitted to Landlord for approval prior to any work commencing. Space Cassan Enterprises Lease 09/14/2009.doc 35 Landlord's Initials: Tenant's Initials: planning may be done by the designer of Tenant's choice and costs associated with said design work are the responsibility of Tenant. A description of Landlord's current building standards are attached as Exhibit E.D 41. MISCELLANEOUS 41.1 Joint and Several Liability. If Tenant is comprised of more than one party, each such party shall be jointly and severally liable for Tenant's obligations under this Lease. 41.2 Force Maieure. Landlord shall not be in default hereunder and Tenant shall not be excused from performing any of its obligations hereunder if Landlord is prevented from performing any of its obligations hereunder due to any accident, breakage, strike, shortage of materials, acts of God or other causes beyond Landlord's reasonable control. 41.3 Captions. The headings and titles in this Lease are for convenience only and shall have no effect upon the construction or interpretation of this Lease. 41.4 Application of Payments. Landlord shall have the right to apply payments received from Tenant pursuant to this Lease (regardless of Tenant's designation of such payments) to satisfy any obligations of Tenant hereunder, in such order and amounts, as Landlord in its sole discretion, may elect. 41.5 Definition of Landlord. All indemnities, covenants and agreements of Tenant contained herein which inure to the benefit of Landlord shall be construed to also insure to the benefit of (i) Landlord's members and their agents and employees; and (ii) if title to the Building is at any time held in a land trust, all beneficiaries of such land trust and their members, agents and employees. 41.6 Only Landlord /Tenant Relationship. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto or any other relationship, other than the relationship of Landlord and Tenant. 41.7 Counterparts. This Lease may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Cassan Enterprises Lease 09/14/2009.doc 36 Landlord's Initials: Tenant's Initials: 41.8 Limitation on Landlord's Liability. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings and agreements herein made on the part of Landlord, while in form purporting to be representations, covenants, undertakings and agreements of Landlord are, nevertheless, each and every one of them, made and intended not as personal representations, covenants, undertakings and agreements by Landlord for the purpose or with the intention of binding Landlord personally, but are made and intended for the purpose of binding only Landlord's interest in the Building to the terms of this Lease and for no other purpose whatsoever, and in the event of a default by Landlord, Tenant shall look solely to the interest of Landlord in the Building. No duty shall rest upon Landlord to sequester the Building or the rents, issues and profits arising therefrom, or the proceeds arising from any sale or other disposition thereof. No personal liability or personal relationship is assumed by nor shall at any time be asserted or enforceable against Landlord on account of this Lease or on account of any representation, covenant, undertaking or agreement of Landlord in this Lease contained, either expressed or implied, all such personal liability, if any, being expressly waived and released by Tenant herein and to all persons claiming by, through, or under Tenant. The foregoing limitation on Landlord's liability shall inure to and for the benefit of Landlord and its successors and assigns, Landlord's members and their successors and assigns and, if title to the Building is at any time held in trust, all beneficiaries and their partners, agents and employees. 41.9 Transfer of Landlord's Interest. This Lease shall be assignable by Landlord without the consent of Tenant. In the event of any transfer or transfers of L1andlord's interest in the Premises, other than a transfer for security purposes only, upon the assumption of this Lease by the transferee, Landlord shall be automatically relieved of obligations and liabilities accruing from and after the date of such transfer, except for any retained Security Deposit or prepaid rent, and Tenant shall attorn to the transferee. 41.10 Shared Break room. A common break room/lunchroom will be shared with other tenants at no charge. 42. USA PATRIOT ACT AND ANTI TERRORISM LAWS Tenant represents and warrants to, and covenants with, Landlord that neither Tenant nor any of its respective constituent owners or affiliates currently are, or shall be at any time during the Term hereof, in violation of any laws relating to terrorism or money laundering (collectively, the "Anti- Terrorism Laws including without limitation Executive Order No. 13224 on Terrorist Financing, effective September 24, 2001, and relating to Blocking Property and Prohibiting Transactions with Persons who Commit, Cassan Enterprises Lease 09/14/2009.doc 37 Landlord's Initials: Tenant's Initials: Threaten to Commit, or Support terrorism (the "Executive Order and /or the Uniting and Strengthening America by Providing appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (Public Law 107 -56) (the "USA Patriot Act Tenant covenants with Landlord that neither Tenant nor any of its respective constituent owners or affiliates is or shall be during the Term hereof a "Prohibited Person" which is defined as follows (i) a person or entity that is listed in the Annex to, or is otherwise subject to, the provisions of the Executive Order; (ii) a person or entity owned or controlled by, or acting for or on behalf of, any person or entity that is listed in the Annex to, or is otherwise subject to the provisions of, the Executive Order; (iii) a person or entity with whom Landlord is prohibited from dealing with or otherwise engaging in any transaction by any Anti- Terrorism Law, including without limitation the Executive Order and the USA Patriot Act; (iv) a person or entity who commits, threatens or conspires to commit or support "terrorism" as defined in Section 3(d) of the Executive Order; (v) a person or entity that is named as a "specially designated national or blocked person" on the then -most current list published by the U.S. Treasury Department Office of Foreign Assets Control at its official website, httn://www.treas.gov/offices/eotffc/ofac/sdn/tllsdn.ndf, or at any replacement website or other replacement official publication of such list; and (vi) a person or entity who is affiliated with a person or entity listed in items (i) through (v) above. At any time and from time -to -time during the Term, Tenant shall deliver to Landlord, within ten (10) days after receipt of a written request therefore, a written certification or such other evidence reasonably acceptable to Landlord evidencing and confirming Tenant's compliance with this Section 42. Cassan Enterprises Lease 09/14/2009.doc 38 Landlord's Initials: Tenant's Initials: LEASE AGREED TO THIS DAY OF LANDLORD TENANT Cassan Enterprises, Inc. By: James Cassan Its: By: Its: more than one person or entity signs the Lease, each shall be jointly and severally liable hereunder. Cassan Enterprises Lease 09/14/2009.doc Print Nam: P int Name: 39 Landlord's Initials: Tenant's Initials: STATE OF WASHINGTON COUNTY OF LANDLORD'S ACKNOWLEDGMENT ss: I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed the instrument, on oath stated that he /she was authorized to execute this instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 2009. (Use this space for notarial stamp /seal) Cassan Enterprises Lease 09/14/2009.doc Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: 40 Landlord's Initials: Tenant's Initials: STATE OF WASHINGTON COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed the instrument, on oath stated that he /she was authorized to execute this instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: 2009. (Use this space for notarial stamp /seal) Cassan Enterprises Lease 09/14/2009.doc CORPORATE TENANT'S ACKNOWLEDGMENT ss: Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: 41 Landlord's Initials: Tenant's Initials: STATE OF WASHINGTON COUNTY OF instrument and acknowledged-it-as-the DATED: Cassan Enterprises Lease 09/14/2009.doc INDIVIDUAT TEN A NT'E A GKNOWr EDCMENT Print Name: NOTARY PUBLIC in and for the State of 42 My Appointment expires: Landlord's Initials: Tenant's Initials: THE NORTH 250 FEET OF THE SOUTH 292 FEET OF THE EAST 265 FEET OF THE WEST 515 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 28, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLIAMATE MERIDIAN, IN KING COUNTY, STATE OF WASHINGTON. SUBJECT TO: EASEMENT FOR DRAINAGE DITCH OVER AND ACROSS SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER PER INSTRUMENT RECORDED 10/28/1898 UNDER AUDITOR'S FILE NO. 170399 AND AN EASEMENT TO KING COUNTY FOR SLOPES, CUTS AND FILLS RECORDED UNDER AUDITOR'S FILE NO. 5746663. Cassan Enterprises Lease 09/14/2009.doc EXHIBIT A Legal Description 43 Landlord's Initials: Tenant's Initials: EXHIBIT B (Site PPlan) Cassan Enterprises Lease 09/14/2009.doc 44 Landlord's Initials: Tenant's Initials: Cassan Enterprises Lease 09/14/2009.doc 45 Landlord's Initials: Tenant's Initials: Cassan Enterprises Lease 09/14/2009.doc 311- BUILD: NZ 71.-E =MRS mirza IS16 S. Litt 46 VITA .1 Landlord's Initials: Tenant's Initials: EXHIBIT C (OFFICE) Landlord: Cassan Enterprises, Inc. Tenant: Seattle Southside Visitor Center Location: 3100 South 176 Street, Seatac, Washington 98188 Landlord's and Tenant's Improvements to the demised premises shall be but NOT limited to the items below: ITEM A. B. C. D. E. F. G. H. I. J. K. L. M. Cassan Enterprises Lease 09/14/2009.doc 5 Private offices with relites in each office. 1 Workroom with u- shared counters and no cabinetry. 1 Storage Area 1 Wall across the back of the reception area with a locking door and a one -wav window. 1 Lower counter under the inside of the front reception desk, desk height. 1 Work area/cabinet along the back wall of the reception area for a mailing area with lower or upper cabinets. Dishwasher and small refrigerator in common lunchroom.. Phone room to be at existing location. Phone and internet line distribution and connection. Indoor wheelchair stair -lift to the second floor. Outdoor wheelchair ramp to the main entrance of the building. Designate and stripe the first parking. stall on the southwest corner of the building. adiacent to the sidewalk, as no parking. Designate and strip first 4 parking. stall on the southeast corner of the building as visitor information center guest parking. 47 Landlord's Initials: Tenant's Initials: Landlord Landlord Landlord Landlord Landlord Landlord Landlord Landlord Tenant Landlord Landlord Landlord Landlord N. Paint and replace carpet in second floor suite. Landlord The purpose of these instructions is to outline the criteria, which have been established, to control design, fabrication, and installation of Tenant signs in the Shopping Center. These basic guidelines must be followed by sign companies, for two reasons: (1) to protect you, the Tenant, from purchasing a sign which does not meet good standards of material workmanship, and appearance: and (2) to assure the Tenant, the Landlord, the Owner and Developers of an attractive Shopping Center community, unmarred by poorly designed, badly proportioned signs. Good sign design and balance is necessary to maintain an attractive and successful Shopping Center. Conformance will be strictly enforced, and any nonconforming or unapproved signs installed must be brought into conformance at the expense of the Tenant A. GENERAL REQUIREMENTS 1. Each Tenant shall submit or cause to be submitted to the Landlord for approval, before fabrication, at least three (3) copies of detail drawings including all lettering and /or graphics. 2. All permits for signage and installation shall be obtained by the Tenant or his representative at Tenant's or sign company's expense. 3. Tenant shall be responsible for the fulfillment of all requirements and specifications, including those of the city of SeaTac. 4. Tenant shall be responsible to keep the sign maintained at Tenant's expense and lit during business hours. Cassan Enterprises Lease 09/14/2009.doc EXHIBIT D (SIGN CRITERIA) SCOTT PLAZA 48 Landlord's Initials: Tenant's Initials: 5. Signs fabricated without approval or contrary to corrections requested by the Landlord will be altered to conform to requirements at Tenant's expense. B. STIPULATIONS 1. No animated, flashing or audible signs will be permitted. 2. No exposed lamps or tubing will be permitted. 3. All signs and their installation shall comply with all local building and electrical codes. 4. All conductors, transformers, and other equipment shall be concealed in raceway or behind fascia. 5. Electrical service to all signs shall be on Tenant's meter. 6. Painted lettering will not be permitted. C. DESIGN REQUIREMENTS 1. All Tenant storefront entrance and store identification sign shall be subject to the written approval of the Landlord. Imaginative designs which depart from traditional methods and placement shall be encouraged. 2. Wording of sign shall not include the product sold, except as part of the Tenant trade name or insignia. 3. Tenants are encouraged to have signs designed as an integral part of the storefront design, with letter size and location appropriately scaled and proportioned to the overall storefront design. The design of all signs, including style and placement of lettering size, color, materials, and method of illumination shall be subject to the approval of the Landlord. 4. Letters shall be vertically centered on the raceway and the length of sign shall not exceed 80% of the lineal leased frontage, subject to limitation decreed by the city of SeaTac. 5. Four -foot Fascia Sign Band: Maximum letter height shall be 30 minimum 12" for one (1) row of lettering. 6. Six -Foot Fascia Sign Band: Cassan Enterprises Lease 09/14/2009.doc 49 Landlord's Initials: Tenant's Initials: Maximum letter height shall be 48 minimum 24" for one (1) row of lettering. 7. Letters are to be plastic- faced. 3/16" thick "Plexiglas" or approved equivalent. Letter channels to be aluminum or porcelain enamel. "Channellume" type of letter construction is approved. If lighting is used, it shall be 15 mm neon, powered by 30 MA transformers, either single tube or more of neon, depending upon letter stroke width. 8. Signs shall be composed of individual or script lettering. Sign boxes or wall cabinets with plastic faces will not be permitted. 9. Letters shall be mounted on exterior mounted raceways, thus limiting the sign band penetrations on the building fascia, and the raceway shall match exact color of the signband. Raceway dimension to be 8" deep and no greater than 14" high. Raceway to be vertically and horizontally centered on sign band area. 10. No signs of any sort shall be permitted on the building roof. Neither will projections above nor below the fascia signband be permitted. However, stylized Tenant logo may be integrated with lettering but must not exceed height of sign band. 11. Wording of sign shall not include the product sold except as a part of the tenant's trade name or insignia. 12. The maximum number of signs shall be one per Tenant storefront elevations. D. CONSTRUCTION REQUIREMENTS 1. All signs, bolts, fastenings, and clips shall be enameling iron with porcelain finish, stainless steel, aluminum, brass or bronze finish. No "black iron" materials of any type will be permitted. 2. All letters shall be fabricated using full- welded construction or approved equivalent. 3. All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. 4. No labels will be permitted on the exposed surface of signs except those required by local ordinance, which shall be applied in an inconspicuous location. Cassan Enterprises Lease 09/14/2009.doc 50 Landlord's Initials: Tenant's Initials: 5. Sign contractor shall repair any damage caused by his work. Installation of sign letters, raceway wiring and required conduit shall be co- coordinated through Landlord's architect. 6. Tenant shall be fully responsible for the operations of the Tenant sign contractor. E. MISCELLANEOUS REQUIREMENTS 1. Each Tenant will be permitted to place upon each entrance of its demised premises not more than 144 square inches of gold leaf or decal application lettering, not to exceed two inches (2 in height, indicating hours of business, emergency telephone number, etc. 2. Each Tenant who has a non customer door for receiving merchandise may have the Tenant's name and address, in the exact location stipulated by the Landlord, using two inch (2 block letters in a color to be selected by Landlord. 3. Landlord shall install on the storefront, if required by the U.S. Post Office, the numbers only for the street address, in the exact locations stipulated by the Landlord. Size, type, and color of numbers shall be stipulated by the Landlord. 4. Floor signs, such as inserts in terrazzo, etc, shall be permitted within the Tenant's lease line in their storefronts, if approved by Landlord. 5. Except as provided herein, no advertising placards, banners, pennants, names, insignia, trademarks, or other descriptive materials shall be affixed or maintained upon the glass panes and supports of the show windows and doors, upon the exterior walls of the building or store front. 6. The storefront shall remain illuminated 24/7 365 days per year. This requires that illuminated signs, as well as storefront windows, shall be tied into Tenant's time switches. Cassan Enterprises Lease 09/14/2009.doc 51 Landlord's Initials: Tenant's Initials: CAS NUMBER: Fund Source: Comments: 1 MTG. DATE 1 9/28/09 10/05/09 MTG. DATE 9/28/09 o EXPENDITURE REQUIRED 10/05/09 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review 1 Counci,(review 09/28/09 LV 1 t'j ,r'-' 10/05/09 LV 1 1 ITEM INFORMATION 1 ORIGINAL AGENDA DA SEPTEMBER 28, 2009 AGENDA ITEM TITLE Authorize the Mayor to sign an Escrow Agreement with Bank of New York Mellon Trust NA and La Pianta LLC, pursuant to Section 4.8.4.6 of the Tukwila South Development Agreement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 09/28/09 Mtg Date 10/05/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P6'R Police PW SPONSOR'S Hugh Spitzer, the City's bond counsel, has negotiated the Escrow Agreement between the SUMMARY three parties, pursuant to Section 4.8.4.6 of the Development Agreement. Staff recommends the Council authorize the Mayor to sign the attached Escrow Agreement with Bank of New York Mellon Trust NA and La Pianta LLC, pursuant to Section 4.8.4.6 of the Tukwila South Development Agreement at the October 5, 2009 Regular Meeting. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. DATE: Tukwila South; no committee review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMIFI'EE N/A COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION ATTACHMENTS Informational Memorandum dated 9/28/09 Escrow Agreement ITEM NO. lam° 0 Transportation Cmte Planning Comm. APPROPRIATION REQUIRED TO: ISSUE BACKGROUND DISCUSSION RECOMMENDATION ATTACHMENTS City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Lisa Verner, Mayor's Office DATE: September 28, 2009 SUBJECT: Tukwila South Escrow Agreement Authorize the Mayor to sign an Escrow Agreement with Bank of New York Mellon Trust NA and La Pianta LLC, pursuant to Section 4.8.4.6 of the Tukwila South Development Agreement. The Tukwila South Development Agreement calls for an escrow agent to hold various deeds, letters of credit, and other documents which must pass between the City and La Pianta. Since the timing of when the documents should be surrendered by one of the parties and when the other party is permitted to receive or use them, we decided to have a neutral, third party hold the documents. Bank of New York Mellon Trust NA is identified in the Development Agreement as the initial the escrow agent. The Development Agreement calls for the Escrow Agreement to be agreed to by the three parties within 120 days after full execution of the DA (September 10, 2009). Hugh Spitzer, the City's bond counsel, has negotiated the Escrow Agreement between the three parties, pursuant to Section 4.8.4.6 of the Development Agreement. The Escrow Agreement is coming to Council to review and to authorize the Mayor to sign the document on behalf of the City. The Agreement will terminate on June 10, 2024, the same date as the15 year term of the Development Agreement. Staff recommends the Council authorize the Mayor to sign the attached Escrow Agreement with Bank of New York Mellon Trust NA and La Pianta LLC, pursuant to Section 4.8.4.6 of the Tukwila South Development Agreement at the October 5, 2009 Regular Meeting Tukwila South Escrow Agreement Jim Haggerton, Mayor Escrow Agreement Concerning Security for Developer Obligations under Development Agreement This Escrow Agreement is dated as of September 2009 (the "Agreement and is among the City of Tukwila, Washington, a non charter optional code Washington municipal corporation (the "City La Pianta LLC, a Washington limited liability company "La Pianta and The Bank of New York Mellon Trust Company, N.A., a national banking association, as escrow agent (the "Escrow Agent WHEREAS, the City and La Pianta have entered into a "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development" (the "Development Agreement a copy of which Development Agreement is attached for reference purposes; and WHEREAS, under the Development Agreement, the City has agreed to pay part of the cost of, and to construct, certain specified infrastructure improvements to serve the Tukwila South Project; and WHEREAS, La Pianta has provided the City with several financial guarantees related to costs of certain infrastructure improvements and City operating expenditures related to the development area; and WHEREAS, La Pianta's guarantees are secured by various letters of credit to be drawn upon certain occurrences described in the Development Agreement; and WHEREAS, consistent with the Development Agreement, the City and La Pianta wish to place the letters of credit in the custody of an escrow agent that can draw upon those letters of credit as instructed by the City, and hold and disburse the drawn funds upon instructions from the City; and WHEREAS, the Development Agreement also provides that La Pianta shall provide the City with certain Deeds of Trust as additional security for La Pianta's obligations under the Development Agreement; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, and for other good, fair and valuable considerations and reasonably equivalent value, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the Escrow Agent, the City and La Pianta agree as follows: Section 1. Establishment of Escrow Account: Deposit of Instruments and Letters of Credit (a) Instruments Deposited with Escrow Agent. Consistent with this Agreement, La Pianta shall deposit with the Escrow Agent, when and as required under 50997420.10 1 the Development Agreement, the following documents and instruments (collectively, the "Instruments in each instance the Instrument being deposited by La Pianta, accompanied with a confirmation from the City substantially in the form of Exhibit A -1: (i) the statutory warranty deed described in Section 4.3.2 of the Development Agreement "ROW Deed signed, acknowledged but undated by La Pianta; (vi) the deed of trust described in Section 4.8.4.1.3 of the Development Agreement "Deed of Trust signed, acknowledged and dated by La Pianta. The Escrow Agent shall accept custody of each of the Instruments upon its delivery to the Escrow Agent, and shall hold each document pursuant to the terms of this Agreement. La Pianta shall provide the City with each such Instrument for the City to review and confirm that the submitted Instrument is satisfactory and meets all of the requirements set forth in the Development Agreement. If the City determines that a submitted Instrument meets all of the applicable Development Agreement requirements, the City shall provide a confirmation, substantially in the form of Exhibit A -1, to the effect that the Instrument meets those Development Agreement requirements and that the Escrow Agent is to take custody of the Instrument consistent with this Section 1(a). La Pianta shall then deposit the Instrument with the Escrow Agent together with the confirmation from the City. In the event that the submitted Instrument is not satisfactory, the City shall resolve the issue directly with La Pianta. The Escrow Agent shall have no obligation to review or approve any of the Instruments except to acknowledge receipt of the document. (b) Deposit of Letters of Credit. The City and La Pianta hereby deposit, or shall deposit with the Escrow Agent, when and as required under the Development Agreement, the following letters of credit described in Section 4.8 of the Development Agreement, in each instance the Letter of Credit being deposited by La Pianta, accompanied with a confirmation from the City substantially in the form of Exhibit B -1. The Escrow Agent shall accept custody of each of the Letters of Credit upon its delivery 50997420.10 (ii) the right of way easement described in Section 4.3.2 of the Development Agreement "ROW Easement signed, acknowledged and dated by La Pianta; (iii) the pedestrian trail easement described in Section 4.5.1 of the Development Agreement "Pedestrian Trail Easement signed, acknowledged and dated by La Pianta; (iv) the levee easement described in Section 4.5.3 of the Development Agreement "Levee Easement signed, acknowledged and dated by La Pianta; (v) the statutory warranty deed described in Section 4.6.2 of the Development Agreement "Fire Station Deed signed, acknowledged and dated by La Pianta; and 2 to the Escrow Agent, as well as each replacement Letter of Credit as described below, and shall hold each Letter of Credit pursuant to the terms of this Agreement. 50997420.10 (i) the irrevocable standby Operations and Maintenance Letter of Credit "O &M LC described in Section 4.8.4.1 of the Development Agreement, issued by Bank of America, N.A. in the face amount of $6,000,000; (ii) the irrevocable standby Southcenter Parkway Letter of Credit "SCPW LC described in Section 4.8.4.2 of the Development Agreement, issued by Bank of America, N.A., initially in the face amount of $185,000; (iii) the irrevocable standby Highline Work Letter of Credit "Highline Work LC described in Section 4.3.4.1 and Section 4.8.4.3 of the Development Agreement, issued by Bank of America, N.A. in the face amount to be determined in accordance with the Development Agreement; (iv) the irrevocable standby Puget Sound Energy Work Letter of Credit "PSE Work LC described in Section 4.3.4.2 and Section 4.8.4.3 of the Development Agreement, issued by Bank of America, N.A. in the face amount to be determined in accordance with the Development Agreement; and (v) the irrevocable standby Bridge Letter of Credit "Bridge LC described in Section 4.5.2 and Section 4.8.4.3 of the Development Agreement, issued by Bank of America, N.A. in the face amount of $500,000. The O &M LC, the SCPW LC, the Highline Work LC, the PSE Work LC and the Bridge LC, is each referred to below as a "Letter of Credit" and collectively are referred to as the "Letters of Credit." The Escrow Agent shall accept custody of each of the Letters of Credit upon its delivery to the Escrow Agent, and shall establish and maintain a separate account (the "Escrow Account therefor in its capacity as Escrow Agent pursuant to the terms of this Agreement. The Escrow Agent shall establish separate subaccounts with respect to each of the Letters of Credit in order to account for the draw, deposit and disbursement of amounts drawn under any of those Letters of Credit. (c) The City and La Pianta shall each furnish the Escrow Agent with a completed Form W -8 or Form W -9, as applicable. (d) Pursuant to the applicable provisions of the Development Agreement, the City shall deliver to the Escrow Agent written notice in form and substance substantially similar to Exhibit A -2. instructing the Escrow Agent to deliver an Instrument to the City, or if expressly stated in the notice, to La Pianta or third party. If La Pianta disputes the City's notice to the Escrow Agent to deliver an Instrument, the Escrow Agent shall nevertheless follow the City's instructions, and La Pianta shall have no redress or recourse against the Escrow Agent for having followed those City instructions. The City 3 (and not the Escrow Agent) shall be responsible to La Pianta for any such instructions that are inconsistent with the terms of the Development Agreement. Section 2. Draws upon Letters of Credit and Deposit and Disbursement of Amounts Drawn (a) In the event that the City determines that it is entitled to draw upon any of the Letters of Credit under an applicable provision of the Development Agreement, the City shall deliver instructions to the Escrow Agent in the appropriate form set forth in Exhibit B -2, attached, instructing the Escrow Agent to present the relevant Letter of Credit to its issuing bank, to draw upon that Letter of Credit and to deposit the amount drawn in the appropriate subaccount of the Escrow Account. Except with respect to draws described in subsection (b), below, the City shall be responsible for providing the Escrow Agent with any information or certification necessary for the Escrow Agent to make an effective Letter of Credit draw on behalf of the City. In its instructions to the Escrow Agent in the form of Exhibit B -2, the City shall instruct the Escrow Agent to remit the specified amount so drawn and deposited to the City and/or to hold the amount drawn on deposit with the Escrow Agent (held and invested pursuant to instructions under Section 3, below). (b) At least 15 days prior to the expiration date of any Letter of Credit, La Pianta shall provide a replacement Letter of Credit to the Escrow Agent, together with a confirmation signed by the City that is substantially in the form of Exhibit B -1, attached. The Escrow Agent shall not release an existing Letter of Credit for which it has received a replacement until the earlier of (i) the existing Letter of Credit's expiration date, or (ii) receipt of City confirmation in the form of Exhibit B -1. If, at least 15 days prior to the expiration of a Letter of Credit, the Escrow Agent has not received a replacement Letter of Credit for an existing Letter of Credit held by the Escrow Agent (together with the City confirmation), the Escrow Agent shall, without the need for any instructions from the City or La Pianta, on or before the 10 day prior to the expiration date, draw upon that existing Letter of Credit and deposit the amount drawn in the appropriate subaccount of the Escrow Account, to be held and administered in accordance with this Agreement. It is the Escrow Agent's sole responsibility to monitor the expiration dates of each of the Letters of Credit and to draw upon any expiring Letter of Credit for which a replacement has not been timely provided. If La Pianta provides a replacement Letter of Credit (together with City confirmation) later than the deadline described in the previous paragraph but before the Escrow Agent has drawn on the existing Letter of Credit, the Escrow Agent shall accept the replacement and return to La Pianta the Letter of Credit being replaced. If La Pianta provides a replacement Letter of Credit (together with City confirmation) after the Escrow Agent has drawn on an existing Letter of Credit, any amount previously drawn on the expiring Letter of Credit shall be refunded to La Pianta, except to the extent (if any) that the City shall have drawn upon the deposit pursuant to the terms of the Development Agreement. 50997420.10 4 Whenever, under this subsection (b) or subsection (c), below, La Pianta shall provide the City with a proposed Letter of Credit or replacement Letter of Credit and request that the City provide a confirmation regarding that Letter of Credit substantially in the form of Exhibit B -1, the City shall promptly provide such confirmation, or reject the proposed Letter of Credit or replacement, in any event within seven business days of receipt of the proposed instrument. (c) If either the City or La Pianta becomes aware that the bank issuing a Letter of Credit has a long term debt rating lower than either A from Standard and Poor's Corporation or Aa3 from Moody's Investors Service, the party that becomes so aware shall inform the other party of that information. If the City gives written notice to the Escrow Agent (with a copy to La Pianta) that the institution providing the Letters of Credit has a long term debt rating lower than A from Standard and Poor's Corporation and Aa3 from Moody's Investors Service, La Pianta shall provide a replacement Letter of Credit from another institution having a long term debt rating meeting those requirements, together with a City confirmation substantially in the form of Exhibit B -1. If La Pianta fails to provide a replacement Letter of Credit within 90 days of such notice together with City confirmation substantially in the form of Exhibit B -1, the City may provide written instruction to the Escrow Agent (in substantially the form of Exhibit B -2) to draw upon any downgraded Letter of Credit, and the Escrow Agent shall promptly do so and deposit the amount drawn in the appropriate subaccount. The Escrow Agent shall hold the amount drawn on deposit with the Escrow Agent (invested pursuant to instructions under Section 3, below). If La Pianta provides a replacement Letter of Credit (together with City confirmation) after the Escrow Agent has drawn on an existing Letter of Credit, any amount previously drawn on the expiring Letter of Credit shall be refunded to La Pianta, except to the extent (if any) that the City shall have drawn upon the deposit pursuant to the terms of the Development Agreement. (d) Under no circumstances shall the Escrow Agent draw on two Letters of Credit representing the same security, or draw on a replacement Letter of Credit to the extent a previous Letter of Credit has been drawn upon, with the cash of that draw still held by the Escrow Agent. (e) Upon instructions from the City consistent with the form attached at Exhibit B -3, the Escrow Agent shall disburse to the City any amounts drawn upon Letters of Credit and on deposit in a subaccount (including interest earnings) in the amounts requested by the City in its instructions. It is the intention of the parties that, consistent with the terms of the Development Agreement, the City (and not La Pianta) will be responsible for instructing the Escrow Agent regarding the amounts to be disbursed. However, the City (and not the Escrow Agent) may be responsible to La Pianta for any such instructions that are inconsistent with the terms of the Development Agreement. (f) If La Pianta disputes City instructions to the Escrow Agent to draw on a Letter of Credit or to disburse amounts held on deposit, the Escrow Agent shall 50997420.10 5 nevertheless follow the City's instructions, and La Pianta shall have no redress or recourse against the Escrow Agent for having followed those City instructions. (g) It is anticipated that under the Development Agreement, at certain points in time specific Letters of Credit will no longer need to be maintained on deposit with the Escrow Agent. Upon receipt of instructions from the City, substantially in the form of Exhibit B -4, the Escrow Agent shall release the designated Letter of Credit and deliver it to La Pianta. Section 3. Investments (a) Funds held by the Escrow Agent in the Escrow Account shall be deemed funds of La Pianta, subject to City withdrawal rights as set forth in this Agreement. The Escrow Agent agrees to invest and reinvest funds in the Escrow Account, but only upon written instructions signed by an authorized agent of La Pianta. Any investment by the Escrow Agent among those listed below shall be deemed permitted: (i) Direct obligations of, and obligations fully and unconditionally guaranteed as to timely payment by, the United States government and any agency, instrumentality, or establishment of the United States government "Government Securities (ii) Repurchase and reverse repurchase agreements collateralized with Government Securities, including those of the Escrow Agent or any of its affiliates. 50997420.10 (iii) Investment in money market mutual funds having a rating in the highest investment category granted thereby from S &P or Moody's, including, without limitation any mutual fund for which the Escrow Agent or an affiliate of the Escrow Agent serves as investment manager, administrator, shareholder servicing agent, and/or custodian or subcustodian, notwithstanding that (x) the Escrow Agent or an affiliate of the Escrow Agent receives fees from funds for services rendered, (y) the Escrow Agent collects fees for services rendered pursuant to this Indenture, which fees are separate from the fees received from such funds, and (z) services performed for such funds and pursuant to this Indenture may at times duplicate those provided to such funds by the Escrow Agent or an affiliate of the Escrow Agent; (iv) Demand deposits, including interest bearing money market accounts, time deposits, trust funds, trust accounts, overnight bank deposits, interest bearing deposits, and certificates of deposit, including those placed by a third party pursuant to an agreement between the Escrow Agent and La Pianta, or bankers acceptances of depository institutions, including the Escrow Agent or any of its affiliates, rated in the AA long -term ratings category or higher by S &P or Moody's or which are fully FDIC insured. 6 (b) The parties recognize and agree that the Escrow Agent will not provide supervision, recommendations or advice relating to either the investment of money held in the Escrow Account or the purchase, sale, retention or other disposition of any permitted investment. (c) Interest and other earnings on permitted investments shall be added to the Escrow Account. Any loss or expense incurred as a result of an investment will be borne by the Escrow Account. (d) Subject to Section 3(a), above, the Escrow Agent is authorized to execute purchases and sales of permitted investments through the facilities of its own trading or capital markets operations or those of any affiliated entity, and may charge its ordinary and customary fees for such trades, including cash sweep account fees. The Escrow Agent shall send statements to each of the parties hereto on a monthly basis reflecting activity in the Escrow Account for the preceding month. Although the City and La Pianta each recognizes that it may obtain a broker confirmation or written statement containing comparable information at no additional cost, the City and La Pianta hereby agree that confirmations of permitted investments are not required to be issued by the Escrow Agent for each month in which a monthly statement is rendered. No statement need be rendered for the Escrow Account if no activity occurred for such month. (e) The City and La Pianta acknowledge and agree that the delivery of the escrowed property is subject to the sale and final settlement of peiiiiitted investments. Proceeds of a sale of permitted investments will be delivered on the business day on which the appropriate instructions are delivered to the Escrow Agent if received prior to the deadline for same day sale of such permitted investments. If such instructions are received after the applicable deadline, proceeds will be delivered on the next succeeding business day. (f) If a Letter of Credit has been drawn upon, and the investment of amounts held by the Escrow Agent with respect to that Letter of Credit cause the funds and investments held to exceed the face amount of that Letter of Credit (or such other amount designated jointly by the City and La Pianta in instructions to the Escrow Agent) then so long as La Pianta is not in default on any obligation under this Agreement, the Escrow Agent shall, on the first business day of each calendar quarter, remit to La Pianta the amount in the Escrow Account with respect to that drawn Letter of Credit that is in excess of the required amount. If a Letter of Credit has been drawn upon, and, notwithstanding any investment of amounts held by the Escrow Agent with respect to that Letter of Credit, the total held is less than the required amount of that Letter of Credit, then on or before the first business day of each calendar quarter La Pianta shall deposit an amount into the Escrow Account so that the funds held with respect to that drawn Letter of Credit equals or exceeds the face amount of the Letter of Credit. Investments shall be valued at market value. The Escrow Agent may rely on its trust accounting system for market values. 50997420.10 7 Section 4. Concerning the Escrow Agent Notwithstanding any provision contained herein to the contrary, the Escrow Agent, including its officers, directors, employees and agents, shall: (a) not be liable for any action taken or omitted under this Agreement so long as it shall have acted in good faith and without gross negligence, provided that the Escrow Agent's failure to timely draw upon an expiring Letter of Credit under Section 2(b), above shall, subject to the last paragraph of this Section 4, be deemed gross negligence, and provided that such failure shall not be deemed gross negligence if the Escrow Agent was not provided the required certifications or instructions under Section 3; (b) have no responsibility to inquire into or determine the genuineness, authenticity, or sufficiency of any Letters of Credit, Instruments, securities, checks, or other documents or other instruments submitted to it in connection with its duties hereunder; (c) be entitled to deem the signatories of any documents or instruments submitted to it hereunder as being those purported to be authorized to sign such documents or instruments on behalf of the parties hereto, and shall be entitled to rely upon the genuineness of the signatures of such signatories without inquiry and without requiring substantiating evidence of any kind; (d) be entitled to refrain from taking any action contemplated by this Agreement in the event that it becomes aware of any disagreement between the parties hereto as to any facts or as to the happening of any contemplated event precedent to such action (except that awareness of a disagreement between the parties shall not entitle the Escrow Agent to refrain from making a draw on a Letter of Credit under Section 2 of this Agreement); (e) have no responsibility or liability for any diminution in value of any assets held hereunder which may result from any investments or reinvestment made in accordance with any provision which may be contained herein; (f) be entitled to compensation for its services hereunder as per Exhibit D attached hereto, which is made a part hereof, and for reimbursement of its out -of- pocket expenses including, but not by way of limitation, the fees and costs of attorneys or agents which it may find necessary to engage in performance of its duties hereunder, all to be paid by the City and La Pianta in equal shares, and the Escrow Agent shall have, and is hereby granted, a prior lien upon any property, cash, or assets of the Escrow Account, with respect to its unpaid fees and nonreimbursed expenses, superior to the interests of any other persons or entities; (g) be entitled and is hereby granted the right to set off and deduct any unpaid fees and /or nonreimbursed expenses from amounts on deposit in the Escrow Account; 50997420.10 8 (h) be under no obligation to invest the deposited funds or the income generated thereby until it has received a Form W -9 or W -8, as applicable, from the City and La Pianta, regardless of whether such party is exempt from reporting or withholding requirements under the Internal Revenue Code of 1986, as amended; (i) be, and hereby is, jointly and severally indemnified and saved harmless by the City and La Pianta from all losses, liabilities, costs and expenses, including attorney fees and expenses, which may be incurred by it as a result of its acceptance of the Escrow Account or arising from the performance of its duties hereunder, unless such losses, liabilities, costs and expenses shall have been finally adjudicated to have resulted from the willful misconduct or gross negligence of the Escrow Agent, and such indemnification shall survive its resignation or removal, or the termination of this Agreement; (j) in the event that (i) any dispute shall arise between the parties with respect to the disposition or disbursement of any of the assets held hereunder or (ii) the Escrow Agent shall be uncertain as to how to proceed in a situation not explicitly addressed by the terms of this Agreement whether because of conflicting demands by the other parties hereto or otherwise, be permitted to interplead all of the assets held hereunder into a court of competent jurisdiction, and thereafter be fully relieved from any and all liability or obligation with respect to such interpleaded assets. The parties hereto other than the Escrow Agent further agree to pursue any redress or recourse in connection with such a dispute, without making the Escrow Agent a party to same. (k) have only those duties as are specifically provided herein, which shall be deemed purely ministerial in nature, and shall under no circumstance be deemed a fiduciary for any of the parties to this Agreement. The Escrow Agent shall neither be responsible for, nor chargeable with, knowledge of the terms and conditions of any other agreement, instrument or document between the other parties hereto, in connection herewith, including the Development Agreement (except the Letters of Credit themselves, and except for Section 4.8.4 of the Development Agreement (attached hereto as Exhibit El, all of which the Escrow Agent is chargeable with having knowledge of). This Agreement sets forth all matters pertinent to the escrow contemplated hereunder, and no additional obligations of the Escrow Agent shall be inferred from the terms of this Agreement or any other agreement. IN NO EVENT SHALL THE ESCROW AGENT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY (i) DAMAGES OR EXPENSES ARISING OUT OF THE SERVICES PROVIDED HEREUNDER, OTHER THAN DAMAGES WHICH RESULT FROM THE ESCROW AGENT'S FAILURE TO ACT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN THIS AGREEMENT, OR (ii) SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF THE ESCROW AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (1) have the right, but not the obligation, to consult with counsel of choice and shall not be liable for action taken or omitted to be taken by Escrow Agent either in 50997420.10 9 accordance with the advice of such counsel or in accordance with any opinion of counsel to the City addressed and delivered to the Escrow Agent; and (m) have the right to perform any of its duties hereunder through agents, attorneys, custodians or nominees, and shall not be responsible for the misconduct or negligence of such agents, attorneys, custodians and nominees appointed by it with due care. None of the provisions of this Agreement shall require the Escrow Agent to expend or risk its own funds or otherwise to incur any liability, financial or otherwise, in the performance of any of its duties hereunder. The Escrow Agent may conclusively rely and shall be fully protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, order, approval or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Escrow Agent agrees to accept and act upon instructions or directions pursuant to this Agreement sent by unsecured e -mail, facsimile transmission or other similar unsecured electronic methods, provided, however, that each of the other parties hereto desiring to provide such directions shall provide to the Escrow Agent an incumbency certificate listing persons with authority to act hereunder, which incumbency certificate shall be amended whenever a person is to be added or deleted from the listing. If the City or La Pianta elects to give the Escrow Agent e -mail or facsimile instructions (or instructions by a similar electronic method) and the Escrow Agent in its discretion elects to act upon such instructions, the Escrow Agent's understanding of such instructions shall be deemed controlling. The Escrow Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Escrow Agent's reliance upon and compliance with such instructions notwithstanding such instructions conflict or are inconsistent with a subsequent written instruction. The City or La Pianta, as the case may be, agrees to assume all risks arising out of the use of such electronic methods to submit instructions and directions to the Escrow Agent, including without limitation the risk of the Escrow Agent acting on unauthorized instructions, and the risk or interception and misuse by third parties. Any banking association or corporation into which the Escrow Agent may be merged, converted or with which the Escrow Agent may be consolidated, or any corporation resulting from any merger, conversion or consolidation to which the Escrow Agent shall be a party, or any banking association or corporation to which all or substantially all of the corporate trust business of the Escrow Agent shall be transferred, shall succeed to all the Escrow Agent's rights, obligations and immunities hereunder without the execution or filing of any paper or any further act on the part of any of the parties hereto, anything herein to the contrary notwithstanding. No printed or other matter in any language (including, without limitation, prospectuses, notices, reports and promotional material) that mentions the Escrow Agent's name or the rights, powers or duties of the Escrow Agent shall be issued by the 50997420.10 10 other parties hereto or on such parties' behalf unless the Escrow Agent shall first have given its specific written consent thereto. The Escrow Agent shall not be obligated to perform any obligation hereunder and shall not incur any liability for the nonperformance or breach of any obligation hereunder to the extent that it is delayed in performing, unable to perform or breaches such obligation because of acts of God, war, terrorism, fire, floods, strikes, electrical outages, equipment or transmission failures, or other causes reasonably beyond its control; provided that the Escrow Agent shall use commercially reasonable efforts consistent with accepted corporate trust industry practices to maintain performance without delay or resume performance as soon as reasonably practicable under the circumstances Section 5. Attachment of Escrow Fund; Compliance with Legal Orders In the event that any escrow property shall be attached, garnished or levied upon by any court order, or the delivery thereof shall be stayed or enjoined by an order of a court, or any order, judgment or decree shall be made or entered by any court order affecting the property deposited under this Agreement, the Escrow Agent shall provide notice to the City and to La Pianta of the request for or the granting of any such order, judgment or decree (if and only if an officer of the Escrow Agent with direct responsibility for the administration of this Agreement has received written notice), and the Escrow Agent is hereby expressly authorized, in its sole discretion, to obey and comply with all writs, orders or decrees so entered or issued, which it is advised by legal counsel of its own choosing is binding upon it, whether with or without jurisdiction, and in the event that the Escrow Agent obeys or complies with any such writ, order or decree it shall not be liable to any of the parties hereto or to any other person, firm or corporation, by reason of such compliance notwithstanding such writ, order or decree be subsequently reversed, modified, annulled, set aside or vacated. Section 6. Tax Matters (a) Reporting of Income. The Escrow Agent shall report to the Internal Revenue Service, as of each calendar year -end, and to La Pianta, all income earned from the investment of any sum held in the Escrow Account, as and to the extent required under the provisions of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (the "Code (b) Preparation and Filing of Tax Returns. La Pianta is required to prepare and file any and all income or other tax returns applicable to the Escrow Account with the Internal Revenue Service and all required state and local departments of revenue in all years income is earned in any particular tax year as and to the extent required under the provisions of the Code. (c) Payment of Taxes. Any taxes payable on income earned from the investment of any sums held in the Escrow Account shall be paid by La Pianta, whether 50997420.10 11 or not the income was distributed by the Escrow Agent during any particular year as and to the extent required under the provisions of the Code. (d) Unrelated Transactions. The Escrow Agent shall have no responsibility for the preparation and/or filing of any tax or information return with respect to any transaction, whether or not related to the Agreement or a related agreement, that occurs outside the Escrow Account. Section 7. Resignation or Removal of Escrow Agent The Escrow Agent may resign as such following the giving of 60 days prior written notice to the other parties hereto. Similarly, the Escrow Agent may be removed and replaced following the giving of 60 days prior written notice to the Escrow Agent jointly by the other parties hereto. In either event, the duties of the Escrow Agent shall terminate 60 days after receipt of such notice (or as of such earlier date as may be mutually agreeable); and the Escrow Agent shall then deliver the balance of the moneys or assets then in its possession to a successor escrow agent as shall be appointed by the other parties hereto as evidenced by a written notice filed with the Escrow Agent. If the other parties hereto have failed to appoint a successor prior to the expiration of 60 days following receipt of the notice of resignation or removal, the Escrow Agent may petition any court of competent jurisdiction for the appointment of a successor escrow agent or for other appropriate relief, and any such resulting appointment shall be binding upon all of the parties hereto. Section 8. Termination This Agreement shall terminate on June 10, 2024, unless sooner terminated by written notice signed by both the City and La Pianta (including without limitation a notice of termination being given as a result of the occurrence of the "Outside Approval Date" as defined in the Development Agreement). Upon receipt of a letter, in a form substantially similar to that attached hereto as Exhibit C. signed on behalf of the City and La Pianta by authorized representatives thereof, the Escrow Agent agrees to sell the investments held in the Escrow Account, to pay the full balance and proceeds of the Escrow Account to the City or La Pianta or as the City and La Pianta shall direct, and to close the Escrow Account. Section 9. Notices Any notice, consent or request to be given in connection with any of the terms or provisions of this Agreement shall be in writing and be given in person, by facsimile transmission, courier delivery service or by mail, and shall become effective (a) on delivery if given in person, (b) on the date of delivery if sent by facsimile or by courier delivery service, or (c) four business days after being deposited in the mails, with proper postage for first -class registered or certified mail, prepaid. 50997420.10 12 Until notified in writing by the appropriate party of a change to a different address, notices shall be addressed as follows: 50997420.10 (i) if to the City: 6200 Southcenter Boulevard Tukwila, Washington 98199 Attention: City Administrator Fax Number: (206) 433 -7191 (ii) if to La Pianta: La Pianta LLC P.O. Box 88028 (mail only) Tukwila, Washington 98138 5811 Segale Park Drive C (deliveries) Tukwila, Washington 98188 Attention: Mark A. Segale Fax Number: (206) 575 -1837 (iii) if to the Escrow Agent: The Bank of New York Mellon Trust Company, N.A. 601 Union Street Suite 520 Seattle, Washington 98101 Attention: Corporate Trust Fax Number: (206) 667 -8905 Section 10. Waiver of Trial by Jury Each party hereto hereby agrees not to elect a trial by jury of any issue triable of right by jury, and waives any right to trial by jury fully to the extent that any such right shall now or hereafter exist with regard to this Agreement, or any claim, counterclaim or other action arising in connection herewith. This waiver of right to trial by jury is given knowingly and voluntarily by each party, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. Section 11. Governing Law, Counterparts This Agreement shall be construed in accordance with the laws of the State of Washington. It may be executed in several counterparts, each one of which shall constitute an original and all collectively shall constitute but one instrument. 13 Section 12. Amendment, Modification or Waiver This Agreement may be amended or modified and any term of this Agreement may be waived if such amendment, modification or waiver is in writing and signed by all parties. Section 13. Assignments of Interests No assignment of the interest of any of the parties hereto shall be binding upon the Escrow Agent unless and until written evidence of such assignment in form satisfactory to the Escrow Agent shall be filed with and accepted by the Escrow Agent. Correspondingly, the Escrow Agent may not assign any of the duties expressly conferred on it in this Agreement without the written approval of the other parties, or in accordance with Section 7 or in accordance with the third paragraph from the end of Section 4. IN WITNESS WHEREOF, the parties have been duly executed this Escrow Agreement as of the date first above written. 50997420.10 The City of Tukwila, Washington By Jim Haggerton Its Mayor La Pianta LLC By: Metro Land Development, Inc., Its Manager By M.A. Segale Its President The Bank of New York Mellon Trust Company, N.A., As Escrow Agent By 14 Its 50997420.10 EXHIBIT A FORMS OF INSTRUCTIONS TO ESCROW AGENT REGARDING DEEDS OF TRUST AND EASEMENTS 15 Attention: Corporate Trust Division Description of Instrument being deposited: 50997420.10 EXHIBIT A -1 CONFIRMATION REGARDING DEPOSITED DEED OF TRUST OR EASEMENT [DATE] The Bank of New York Mellon Trust Company, N.A. [ADDRESS] Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent The City of Tukwila, Washington confirms that the following [deed of trust] [easement] being deposited with the Escrow Agent in connection with the above referenced Escrow Account, is consistent with the requirements of the applicable provisions of the Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Project, dated June 10, 2009. [Insert one or more descriptions from the following] [The statutory warranty deed described in Section 4.3.2 of the Development Agreement "ROW Deed signed, acknowledged but undated by La Pianta.] [The right of way easement described in Section 4.3.2 of the Development Agreement "ROW Easement signed, acknowledged and dated by La Pianta.] [The pedestrian trail easement described in Section 4.5.1 of the Development Agreement "Pedestrian Trail Easement signed, acknowledged and dated by La Pianta.] [The levee easement described in Section 4.5.3 of the Development Agreement "Levee Easement signed, acknowledged and dated by La Pianta.] [The statutory warranty deed described in Section 4.6.2 of the Development Agreement "Fire Station Deed signed, acknowledged and dated by La Pianta.] [The deed of trust described in Section 4.8.4.1.3 of the Development Agreement "Deed of Trust signed, acknowledged and dated by La Pianta.] 16 50997420.10 Very truly yours, The City of Tukwila, Washington By Name: Title: 17 EXHIBIT A -2 INSTRUCTIONS TO RELEASE DEPOSITED DEED OF TRUST OR EASEMENT [DATE] The Bank of New York Mellon Trust Company, N.A. [ADDRESS] Attention: Corporate Trust Division The City of Tukwila, Washington certifies that it is entitled to possession and use of the following [deed of trust] [easement] held by the Escrow Agent in connection with the above referenced Escrow Account. Please release to the City of Tukwila, Washington, the following [deed of trust] [easement] held in your custody: 50997420.10 Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent Please deliver to: Very truly yours, The City of Tukwila, Washington By Name: Title: 18 50997420.10 EXHIBIT B FORMS OF INSTRUCTIONS TO ESCROW AGENT REGARDING LETTERS OF CREDIT 19 50997420.10 EXHIBIT B -1 CONFIRMATION REGARDING DEPOSITED LETTER OF CREDIT The Bank of New York Mellon Trust Company, N.A. [ADDRESS] Attention: Corporate Trust Division [DATE] Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent The City of Tukwila, Washington confirms that the following Letter of Credit being deposited with the Escrow Agent in connection with the above- referenced Escrow Account, is consistent with the requirements of the applicable provisions of the Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Project, dated June 10, 2009. Description of Letter(s) of Credit being deposited: [Insert one or more descriptions from the following] [An irrevocable standby Operations and Maintenance Letter of Credit "O &M LC as described in Section 4.8.4.1 of the Development Agreement, issued by [Bank of America, N.A.] in the face amount of [$6,000,000] and dated [An irrevocable standby Southcenter Parkway Letter of Credit "SCPW LC as described in Section 4.8.4.2 of the Development Agreement, issued by [Bank of America, N.A.] in the initial face amount of [$185,000] and dated [An irrevocable standby Highline Work Letter of Credit "Highline Work LC described in Section 4.3.4.1 and Section 4.8.4.3 of the Development Agreement, issued by [Bank of America, N.A.] in the face amount of and dated [An irrevocable standby Puget Sound Energy Work Letter of Credit "PSE Work LC described in Section 4.3.4.2 and Section 4.8.4.3 of the Development Agreement, issued by [Bank of America, N.A.] in the face amount of and dated 20 50997420.10 [An irrevocable standby Bridge Letter of Credit "Bridge LC described in Section 4.5.2 and Section 4.8.4.3 of the Development Agreement, issued by [Bank of America, N.A.] in the face amount of $500,000 and dated Very truly yours, The City of Tukwila, Washington By Name: Title: 21 INSTRUCTIONS TO DRAW ON LETTER OF CREDIT (Escrow Agreement Concerning Security for Developer Obligations under Development Agreement, Dated 2009) Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent To: The Bank of New York Mellon Trust Company, N.A. The City of Tukwila, Washington (the "City has determined that it is entitled to draw upon one or more of the Letters of Credit described below, in the amount or amounts described below, under an applicable provision of the Development Agreement described in the heading to these instructions. Accordingly, the Escrow Agent is hereby directed to promptly present the relevant Letter or Letters of Credit to its issuing bank, draw upon that Letter of Credit and deposit the amount drawn in the appropriate subaccount of the Escrow Account. Relevant Letter or Letters of Credit: EXHIBIT B -2 The Operations and Maintenance Letter of Credit "O &M LC described in Section 4.8.4.1 of the Development Agreement. Amount of Draw: The Southcenter Parkway Letter of Credit "SCPW LC described in Section 4.8.4.2 of the Development Agreement. Amount of Draw: The Highline Work Letter of Credit "Highline Work LC described in Section 4.3.4.1 and Section 4.8.4.3 of Development Agreement. Amount of Draw: The Puget Sound Energy Work Letter of Credit "PSE Work LC described in Section 4.3.4.2 and Section 4.8.4.3 of the Development Agreement. Amount of Draw: The Bridge Letter of Credit "Bridge LC described in Section 4.5.2 and Section 4.8.4.3 of the Development Agreement. Amount of Draw: City Statement of Purpose of Draw (i.e., information or certification necessary for the Escrow Agent to make an effective Letter of Credit draw on behalf of the City): 50997420.10 22 City Instructions Regarding Disposition of Amount(s) Drawn: [City here provides instructions to the Escrow Agent to disburse to the City the specified amount(s) so drawn and /or to hold the amount(s) drawn on deposit with the Escrow Agent in a subaccount or subaccounts specified by the City.J I certify that I am authorized to provide these instructions to the Escrow Agent on behalf of the City of Tukwila, Washington. DATED this day of 20 50997420.10 [City to provide information or certification language here] The City of Tukwila, Washington By 23 Its Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent To: The Bank of New York Mellon Trust Company, N.A. The City of Tukwila, Washington (the "City certifies that it is entitled to a disbursement of the amount(s) described below, and accordingly instructs the Escrow Agent to disburse to the City amounts on deposit in the subaccount described below, in the amount or amounts described below, under an applicable provision of the Development Agreement described above. Accordingly, the Escrow Agent shall promptly disburse to the City the amount on deposit in the appropriate subaccount of the Escrow Account. Relevant Subaccounts and Disbursement Amount(s): [Here City states name of subaccount(s) and amount(s) to be disbursed.] Payment Instructions: [Include instructions here] I certify that I am authorized to provide these instructions to the Escrow Agent on behalf of the City of Tukwila, Washington. DATED this 50997420.10 EXHIBIT B -3 INSTRUCTIONS TO DISBURSE AMOUNTS ON DEPOSIT (Escrow Agreement Concerning Security for Developer Obligations under Development Agreement, Dated 2009) day of 20 The City of Tukwila, Washington By 24 Its EXHIBIT B -4 INSTRUCTIONS TO RELEASE DEPOSITED LETTER OF CREDIT [DATE] The Bank of New York Mellon Trust Company, N.A. [ADDRESS] Attention: Corporate Trust Division Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent The City of Tukwila, Washington certifies that under the terms of the Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Project, dated June 10, 2009, the following Letter(s) of Credit no longer need to be held by the Escrow Agent in connection with the above referenced Escrow Account. Please release and deliver to La Pianta LLC, the following Letter(s) of Credit held in your custody: 50997420.10 25 Very truly yours, The City of Tukwila, Washington By Name: Title: The Bank of New York Mellon Trust Company, N.A. [ADDRESS] Attention: Corporate Trust Division Re: Escrow Account No. among the City of Tukwila, La Pianta LLC, and The Bank of New York Mellon Trust Company, N.A., as Escrow Agent (the "Escrow Agent Please sell all investments held in the Escrow Account and distribute the full balance and proceeds thereof by (wire transfer) (cashier's check) to (if wire transfer name of bank, bank's ABA number and customer's account number for credit) or as shall otherwise direct. 50997420.10 EXHIBIT C INSTRUCTIONS TO SELL INVESTMENTS [DATE] Very truly yours, The City of Tukwila, Washington By Name: Title: La Pianta LLC By Name: Title: 26 50997420.10 EXHIBIT D SCHEDULE OF ESCROW AGENT FEES 27 I THE BANK OF NEW YORK .MELLON City of Tukwila (the "City and La Pianta LLC (the "Developer") Concerning Security for Developer Obligations under Development Agreement, The Bank of New York Mellon Trust Company, N.A. (the "Escrow Agent Escrow Agent Fee Schedule August 4, 2009 Upon appointment of BNYM as Escrow Agent, the City of Tukwila and La Pianta shall be responsible for the payment of the fees, expenses and charges as set forth in this Fee Schedule. ACCEPTANCE FEE: $1,500.00 This one time charge of $1,500.00 is payable at the time of the closing and includes the review and execution of the agreements and all documents submitted in support thereof, acceptance of the escrow, establishment of procedures and controls and set -up of escrow accounts. This Acceptance fee includes The Bank of New York Mellon legal counsel review of documents. ESCROW AGENT ADMINISTRATIVE FEE: $1,000.00 An annual fee of $1,000.00 covering the duties and responsibilities related to account administration, which may include maintenance of accounts on various systems, establish and maintain separate sub accounts with respect to each of the Letter of Credit and additional assets as required. This fee is payable in advance for the year and shall not be prorated. LETTER OF CREDIT MAINTENANCE FEE (Per Letter of Credit) 500.00 Custody of the Letters of Credits, draw, deposit and disbursement of amounts drawn under any of those Letters of Credit, monitor the expiration dates of each of the Letters of Credit and to draw upon any expiring Letter of Credit for which a replacement has not been timely provided. INFORM ONLINE Included In Administrative Fee This on -line system contains downloading capabilities into your Excel spreadsheets, to aid in the preparation of your treasury reports including assets held with the escrow agent. One of INFORM's most unique features is the scheduler function. The scheduler function prints our monthly statements directly to our client's local printer without having to log into our website to retrieve the statements. Furthering our commitment to providing solutions to issuers we are offer our clients Internet access to review assets held with us as escrow agent. INVESTMENT COMPENSATION With respect to investments in money market mutual funds, the investment maintenance fee will be calculated at an annual rate of 0 basis points on average total monthly account balances. With respect to investments in money market mutual funds for which BNYM provides shareholder services BNYM (or its affiliates) may also receive and retain additional fees from the mutual funds (or their affiliates) for shareholder services as set D T BANK OF NEW 3O M.E ..LON orth in the Authonzation and Direction to BNYM to Invest Cash Balances in Money Market Mutual Funds. MISCELLANEOUS FEES The fees for performing extraordinary or other services not contemplated at the time of the execution of the transaction or not specifically covered elsewhere in this schedule will be commensurate with the service to be provided and will be charged in BNYM's sole discretion. These extraordinary services may include, but are not limited to, supplemental agreements, consent operations the preparation of special or interim reports, a one -time fee to be charged upon termination of an engagement. Counsel, accountants, special agents and others will be charged at the actual amount of fees and expenses billed. OUT -OF- POCKET EXPENSES At Cost Additional out -of- pocket expenses may include, but are not limited to, fees and expenses of BNYM's representative(s) and Counsel for attending special meetings. Fees and expenses of BNYM's representatives and Counsel will be charged at the actual amount of fees and expenses charged and all other expenses will be charged at cost. TERMS AND DISCLOSURES TERMS OF PROPOSAL Final acceptance of the appointment as Escrow Agent under the Escrow Agreement is subject to approval of authorized officers of BNYM and full review and execution of all documentation related hereto. Please note that if this transaction does not close, you will be responsible for paying any expenses incurred. Fees may be subject to adjustment during the life of the engagement. MISCELLANEOUS The terms of this Fee Schedule shall govern the matters set forth herein and shall not be superseded or modified by the terms of the Escrow Agreement. This Fee Schedule shall be governed by the laws of the State of California without reference to laws governing conflicts. BNYM and the undersigned agree to jurisdiction of the federal and state courts located in Los Angeles, State of California. CUSTOMER NOTICE REQUIRED BY THE USA PATRIOT ACT To help the US government fight the funding of terrorism and money laundering activities, US Federal law requires all financial institutions to obtain, verify, and record information that identifies each person (whether an individual or organization) for which a relationship is established. What this means to you: When you establish a relationship with BNYM, we will ask you to provide certain information (and documents) that will help us to identify you. We will ask for your organization's name, physical address, tax identification or other government registration number and other information that will help us to identify you. We may also ask for a Certificate of Incorporation or similar document or other pertinent identifying documentation for your type of organization. 3 THE BANK NEW YORK ME .ON We appreciate this opportunity to and thank you for your assistance. Accepted By: Signature Date: Name: Title For BNYM: August 4, 2009 Michael Jones Vice President 4 50997420.10 EXHIBIT E SECTION 4.8.4 OF THE DEVELOPMENT AGREEMENT (Excerpts from Recorded Development Agreement) 28 Return Address: City of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila. WA 98188 1I i 1 I I. -111 20090617000114 CITY OF TUKWIL ORD 167,00 PAGE001 OF 126 06/17/2008 08 :48 KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (Rcw 65.04) Documen Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Ordinance No 9733 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. 2. Additional names on page of document: Grantee(s) Exactly as names) appear on document 1. 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat•or section, township, range) Additional legal is on page of document. Assessor's Property Tax ParceUAccourtt Number Assessor Tax not yet assigned The Auditor/Reeorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "1 am signing below and paying an additional $5O recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this docuinent does not meet margin and formatting requirements. Furthermore,1 hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign'above nor pay additional 554 fee if the document meets margin /formatting requirements! E THIS DEVELOPMENT AGREEMENT "Agreement is made and entered into this 10th day of June, 2009, by and between the CITY OF TUKWILA "CITY"), a non charter, optional code Washington municipal corporation, and LA PIANTA LLC, a Washington limited liability company "La Pianta"). WHEREAS, the Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction and between a local government and a person owning real property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.708.170 through RCW 3630B.210. WHEREAS, the "Tukwila South Project" (hereinafter defined) comprises approximately 512 acres of real property, which site is shown on the vicinity map attached hereto as Exhibit 1, and La Pianta owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" and legally described in Exhibit 2. The Tukwila South Project is generally located between the boundaries of South 178 Street/South 180 Street on the north; South 204 Street on the south; Orillia Road and Interstate -5 on the west; and the Green River on the east. Approximately 259 acres will be annexed to the City pursuant to this Agreement. WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan. The City will provide public services to the Tukwila South Property, with the exception of power and water. WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan "Master Plan The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million sq nre feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area, as shown on Exhibit 3 "Development Areas" and "Non- Development Areas The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor "Southcenter Parkway Project thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections that link its various developments and will serve vehicles, cyclists and pedestrians. 06 /10 /2009 DEVELOPMENT AGREEMENT BY AND 09 -100 BETWEEN THE CITY OF TUKWILA Council Approval 6/08/09 AND LA PIANTA LLC, FOR THE By Ordinance No. 2233 TUKWILA SOUTH DEVELOPMENT RECITALS �1- Exhibit A to Ordinance No. 2233 the retention of the Accountant. Each party will share equally the cost for the Accountant's services outlined in this section. In the event that the parties do not execute the memorandum of understanding documenting the accounting protocols within one hundred eighty (180) days of the retention of the Accountant, this Agreement shall terminate. On or before March 31, 2010 and each March 31 thereafter, the City shall prepare a statement "Annual Statement showing the O &M Revenue, O &M Expenses, O &M Guarantee, the Increased Property Tax Revenues, the annual debt service for the General Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols set forth in the memorandum of understanding. If La Pianta questions the City's determination of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may request an audit of the disputed matter from the Accountant who developed the protocols, or his or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the Annual Statement and La Pianta's dispute therewith, and render a decision based on generally accepted governmental accounting practices, the protocols, and the terms of this Agreement. The Accountant's decision shall be final and binding on the parties, excepting manifest error by the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any requests for information or documentation to resolve the issue. If there is a variance of 10% or more between the Accountant's decision and the City's determination of revenue or expenditures, the City shall pay the cost of the audit. If the variance is Less than 10°1, La Pianta shall pay the cost of the audit. 4.8.4 Security for La Pianta's Financial Guarantees. 4.8.4.1 O&M Guarantee. 4.8.4.1.1 O &M Collateral. La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby letter of credit naming the City as beneficiary "O &M LC and (ii) a first -lien deed of trust on Building No. 931 located in Segale Business Park, which is currently occupied by Qwest Communications Corporation "O &M Deed of Trust If La Pianta fails to pay timely any amount due under Section 4.8.1, the City may draw upon the O &M LC and/or foreclose on the O &M Deed of Trust as provided in this Section 4.8.4. 4.8.4.1.2 O &M LC. (a) The O &M LC shall be in the form, and meet the requirements, set forth in Section 4.8.4.4 below. The O &M LC shall be in the sum of $6,000,000 and shall be delivered to the Escrow Agent following Boundary Review Board action on the annexation described in Section 4.1 but no later than 10 days before the date on which the City Council is scheduled to take final action on the annexation at a public meeting. To the extent La Pianta makes any payments to the City under the O &M Guarantee, then the amount of 06/1012009 -17- the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth in Section 4.4, except that the amount of the O &M LC shall not be less than $2,000,000 at any time during the Term. The amount of the O &M LC shall be determined annually pursuant to the foregoing upon renewal. If a longer term O &M LC is provided, the amount shall be recalculated annually on the anniversary of the initial issuance date and may be adjusted at that time. If La Pianta is not required to make any payments to the City under the O &M Guarantee, then at any time, and from time to time, during the last five (5) years of the Term, the parties may agree to a reasonable reduction in the amount of the O &M LC, taking into consideration the remaining Tenn of this Agreement, the historical receipt of O &M Revenue by the City, the likely obligation of La Pianta pursuant to the O &M Guarantee, the security provided under the O &M Deed of Trust, and all other relevant factors. (b) Failure of La Pianta to provide and maintain the O &M LC at the time and in the amount required by this Section 4.8.4.1, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the O &M Guarantee obligation represented by the amount of the O &M LC, draw on the O &M LC, and deposit the amount drawn "O &M Deposit into an escrow account with the Escrow Agent described in Section 4.8.4.6 (the "Escrow Agent except that in the case of a failure to provide a replacement of the O &M LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the O &M LC. The City may subsequently draw upon the O &M Deposit if La Pianta shall default on its obligations under the O &M Guarantee. If the City shall draw on the O &M Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the O &M Deposit to the amount required at the time the O&M Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the O &M LC, and the City's remedy for failure to provide the O &M LC, shall not be subject to the Dispute Resolution Process set forth in Section. 7 of this Agreement. 4.8.4.1.3 O &M Deed of Trust. (a) The remaining $6,000,000 of La Pianta's total potential liability under the O &M Guarantee shall be secured by the O &M Deed of Trust. The O &M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall be delivered to the City at the same time that the O &M LC is delivered to the Escrow Agent. La Pianta shall have the right, to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser having no less than 10 years' experience appraising commercial property in the area in which the real estate is located, with appraisal cost shared equally between the parties. Any permitted substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and recording of the substitute deed of trust simultaneously with release of the original deed of trust. 06/10/2009 -18- Substituted collateral must be located in the State of Washington, shall have an appraised value of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by structures of a quality that is the same as or similar to the improvements existing on the land encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a substantial commercial loan from a recognized commercial real estate lender. The City shall not have the right to unreasonably reject proposed substitute collateral, and the characteristics listed in the previous sentence will be relevant in determining reasonableness of a City rejection. (b) In the event of a default that entitles the City to foreclose on the O &M Deed of Trust, then the O &M Deed of Trust shall provide that there shall be no default entitling the City to foreclose the O &M Deed of Trust until (1) La Pianta shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of this Agreement for which the deed of trust has been granted as security. 4.8.4.2 Southcenter Parkway Project General Obligation Bonds Guarantee. La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to guarantee a portion of the General Obligation Bonds (the `Bond Guarantee shall be secured during the Term of this Agreement by a separate irrevocable standby letter of credit naming the City as beneficiary "SCPW LC The amount of the SCPW LC shall be dete mined annually as of January 1 of each calendar year during the Term of this Agreement, and shall initially be in the amount of $185 and, upon issuance of the General Obligation Bonds, shall be adjusted to an amount equal to twice the average annual debt service on the Bonds for that portion of the General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the Escrow Agent before the date on which the City awards the contract for construction of the Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section 4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4. Failure of La Pianta to provide and maintain the SCPW LC at the time and in the amount required by this Section 4.8.4.2, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the Bond Guarantee that is represented by the amount of the SCPW LC, draw on the SCPW LC, and deposit the amount drawn "SCPW Deposit into an escrow account with the Escrow Agent, except that in the case of a failure to provide a replacement of the SCPW LC no later than. 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the SCPW LC. The City may subsequently draw upon the SCPW Deposit if La Pianta shall default on its obligation under the Bond Guarantee. If the City shall draw on the SCPW Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit to the amount required at the time the SCPW Deposit was established. Upon expiration of the Terra, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's 06/1 0/2009 -19- remedy for failure to provide the SCPW LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.3 Other Secured Obligations. For each of the remaining obligations of La Pianta under this Agreement for which security is required specifically, (i) the letter of credit required pursuant to Section 4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the Highline Work LC (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE Work LC and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of $500,000 the "Bridge LC La Pianta shall provide to the City an irrevocable standby letter of credit naming the City as beneficiary. The Highline Work LC and the PSE Work LC shall be delivered to the Escrow Agent at the same time that the SCPW LC is delivered, which shall be prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City notifies La Pianta that the City will make application for a grant or grants for any cost of constructing a pedestrian bridge across the Green River to connect Tukwila South to Briscoe Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and La Pianta's obligation to provide that letter of credit shall terminate Failure of La Pianta to provide and maintain any letter of credit at the time and in the amount required by this Section 4.8.4.3, where such failure continues after written notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall constitute a default with respect to the obligation secured by that letter of credit "Secured Obligation in Default except that in the case of a failure to provide a replacement letter of credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the Letter of credit for which no replacement has been delivered. The default shall entitle the City to draw on the letter of credit securing the Secured Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the obligation so secured. Upon expiration' of the Term; or fulfil.l.ent of the obligation so secured. (whichever shall first occur), any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.4 General Terms and Conditions for the Letters of Credit. Each letter of credit provided under this Section 4.8.4 (including the O &M LC, the SCPW LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at La Pianta's option, another financial institution having a branch in the State of Washington that 06/10/2009 -20- is reasonably acceptable to the City; provided, however, that the City shall not withhold its consent to any institution having a long term debt rating of at Least A from Standard and Poor's Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at least a one -year term (except that any initial letter of credit may have a shorter term so that when all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide the City with a replacement letter of credit 15 days prior to the expiration of the respective letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above. Each letter of credit shall provide that it will be honored by presentation or at sight at an office of the issuer upon presentation of a certificate signed by the City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of credit is drawn, by the City because of La Pianta's failure to provided a replacement letter of credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above (each draw resulting in. a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after delivery to the Escrow Agent of a replacement letter of credit that complies with the requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to the extent Of any) that the City shall have drawn upon the Deposit pursuant to the terms of this Agreement. 4.8,4.5 Specific Remedy under Section 4.8.4. The City shall have the right to specific performance of La Pianta's obligations under this Section 4.8A. 4.8.4.6 Escrow and Escrow Agent. An escrow shall be established as set forth herein (the "Escrow"). The Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds and easements as provided in this Agreement, pursuant to a written escrow agreement among the Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty (120). days after full execution of this Agreement. The Escrow Agent selected by the parties may be replaced by another financial institution with trust powers that has a branch in Seattle, Washington, selected by the City and approved by La Pianta (which approval shall not be unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of the City and shall receive deposits of amounts and deliveries of documents as set forth in this Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The Escrow Agreement shall also provide that the Escrow Agent shall., with or without direction from the City, draw the full amount of any letter of credit that is not replaced or extended on or before the date that is 15 days prior to the expiry date of that letter of credit. Upon any such withdrawal, the Escrow Agent will hold the amount drawn as an O &M Deposit, an SCPW Deposit or a deposit made pursuant to Section. 4.8.4.3 and apply such amounts on deposit consistent with this Agreement. If this Agreement is not terminated following the Outside 06/10/2009 -21- Approval Date (as defined in Section 4.2 above), the Escrow Agent shall deliver all deeds and easements in the Escrow to the City for recording, with the exception of the deed to the fire station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request following adoption of the ordinance vacating existing Frager Road. The parties shall share equally the cost of the Escrow Agent for services performed pursuant to this Agreement. 4.9 Grading Permit Review. The City will complete review and issue a determination regarding La Pianta's Clearing and Grading permit application for the Tukwila South Project within 30 days of determining that such application is complete for areas outside of the shoreline jurisdiction. For areas within the shoreline jurisdiction, La Pianta shall submit a Shoreline Substantial Development Perrnit along with the Clearing and Grading Permit. The City will promptly review the Shoreline Substantial Development Permit, and forward its decision to the Department of Ecology for review. The City will complete review of the Clearing and Grading permit application within thirty (30) days and issue a decision after the expiration of the Department of Ecology's review period for the Shoreline Substantial Development permit. La Pianta shall segregate the Clearing and Grading permit application into separate applications for those portions of the Tukwila South Project inside and outside the 200 -foot shoreline environment, respectively, and the City shall review and issue such separate permits independently. These grading permit applications shall not operate to vest La Pianta to the SMP or any Floodplain Regulations. 4.10 South 178 Street Proiect. The Administration of the City shall recommend to the City Council that the realignment of South 178 Street, as depicted in the 90% construction drawings, be added to the City's Capital Improvement Plan. 4.11 Vacation of Frager Road/Southcenter Parkway and the City Triangular Parcel. Pursuant to RCW 35.79,010, the City has by resolution initiated a vacation. of (i) that portion of Frager Road/Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City Triangular Parcel," which is more particularly described in Exhibit 6 of this Agreement. The City agrees that there will be no remaining public use or benefit to that portion of Frager Road/Southcenter Parkway described in Exhibit 7 and. the City Triangular Parcel, following dedication of the Southcenter Parkway right -of -way as set forth in Section 4.3.2 above. Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway right -of -way set forth in Section 4.3.2 above, vacate Frager RoadlSouthcenter Parkway and the City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable, The conveyance of the property to La Pianta pursuant to the vacation will occur within thirty (30) days after the completion of the Southcenter Parkway Project. 4.12 Transfer of the City Detention Pond. The City hereby determines that there is no remaining public use or benefit to the following property and shall transfer to La Pianta, free and clear of all encumbrances and for no additional consideration, in its as -is, where -is condition, the "City Detention Pond," which is more particularly described in Exhibit 6 of this Agreement. Subject to the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty (30) days of the completion of the annexation. The City shall undertake all 06/10/2009 -22- I CAS NUMBER: AGENDA ITEM TITLE Authorize the Mayor to sign an amendment to Contract 04 -025 (H) with David Evans Associates (DEA) to complete the 10% remaining design work for Southcenter Parkway Extension CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 9/28/09 Mtg Date 10/05/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&7'R Police PW SPONSOR'S The scope of work for the contract amendment includes items needed to complete the last SUMMARY 10% of the design work, including removal of S 178th Street and removal of the bike lanes. The cost is $378,680. The estimate of $300,000 and this figure was included in Section 4.3.1 of the Development Agreement. Since then costs have increased as the necessary scope of work has changed. La Pianta has agreed that the additional $78,680 may come from grant funds as well. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: Tukwila South; no committee review RECOMMENDATIONS: SPONSOR /ADMIN. Mayor's Office COMMITTEE Fund Source: Comments: 1 MTG. DATE 1 09/28/09 1 10/05/09 EXPENDITURE REQUIRED MTG. DATE 9/28/09 10/05/09 09- i 3 1 Initials Meeting Date Prepared by Mayor's review Council review 09/28/09 LV 1 f 10/05/09 LV 1 CO UNCIL AGENDA SYNOPSIS ITEM INFORMATION !ORIGINAL AGENDA DALE: SEPTEMBER 28, 2009 'COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION ITEM No. Cp, APPROPRIATION REQUIRED ATTACHMENTS Informational Memorandum dated 9/28/09 WSDOT contract amendment cover form for contract 04 -025, 8 supplement DEA scope of work for contract amendment 04 -025, labeled Exhibit B -2, 8 supplement TO: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: Lisa Verner, Mayor's Office DATE: September 28, 2009 SUBJECT: Tukwila South Southcenter Parkway Extension Design Contract Amendment 04- 025(H) ISSUE Authorize the Mayor to sign an amendment to Contract 04 -025 (H) with David Evans Associates (DEA) to complete the 10% remaining design work for Southcenter Parkway Extension BACKGROUND Jim Haggerton, Mayor DEA has been under contract to the City for design of Southcenter Parkway Extension, the relocated road piece of the Tukwila South Project, since 2004. The contract has been amended several times over the years to add additional funds and to adjust the scope of work. DEA has completed "90% drawings" and these have been used by others (La Pianta, PSE, Highline Water District and others) to do their own design work. DEA has not done any additional work on the design for the last several years. Southcenter Parkway Extension runs from S 180 Street to S 200 Street. A portion of the future right -of -way is currently within Tukwila city limits and a portion is in the process of annexing to the City; annexation will be completed by the end of 2009. Section 4.3.1 of the Tukwila South Development Agreement states, in part: The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180 Street to S. 200 Street "Southcenter Parkway Project" or "SCP Project"), including necessary sewer, water, stormwater, natural gas, power and telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans'), as documented in the 90% drawings completed by David Evans and Associates dated September 2005 (the "90% drawings") and on file with the City. The City may use up to $300, 000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300, 000 shall be borne by the City. DISCUSSION The scope of work for the contract amendment includes items needed to complete the last 10% of the design work. It also includes changes discussed over the last few years, including INFORMATIONAL MEMO Page 2 removal of S 178 Street and removal of the bike lanes. The cost for this scope of work is $378,680. When the Development Agreement was reviewed and adopted, the estimated cost to complete the design work was $300,000 and this figure was included in Section 4.3.1. Since then costs have increased as the necessary scope of work has changed. Payment for this contract amendment will be as follows: $300,000 from grant funds 78,680 from grant funds (since the City does not have the additional funds, La Pianta has agreed the City may use additional grant funds) RECOMMENDATION Staff recommends Council authorize the Mayor to sign an amendment to Contract 04 -025 (H) with David Evans Associates (DEA) to complete the 10% remaining design work for Southcenter Parkway Extension at its October 5, 2009 Regular Meeting ATTACHMENTS WSDOT cover page for contract amendment 04- 025(H) for DEA Scope of work for contract amendment, labeled Exhibit B -2 (to the cover page) C:ltemp\XPgrpwise\InfoMemo SCP contract amend 9- 28 -09.doc ig Washington State Department of Transportation Supplemental Agreement Number 8 Original Agreement Number 04 -025 Project Number 84 -RW37 Project Title Southcenter Parkway Extension Project Description of Work Preparation of construction documents including plans, specifications, and estimates (P.S. E.) for the Southcenter Parkway Extension Project. Work includes the design of additional features as identified in Exhibit B -2 and project bidding. The Local Agency of City of Tukwila desires to supplement the agreement entered into with David Evans and Associates, Inc. and executed on 4/5/2004 and identified as Agreement No. 04 -025 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: Additional wnrk as described in Exhibit B -2 Organization and Address David Evans and Associates, Inc. 415 118th Avenue SE Bellevue, WA 98005 Attn: Scott Soiseth Phone: 425 -519 -6590 Execution Date Completion Date 4/5/2004 3/31/2010 New Maximum Amount Payable 1,349,817.00 11 Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: Nn chancre 111 Section V, PAYMENT, shall be amended as follows: Additional payment in the amount of $378,680 00 shall he added to the contract (see Exhibit 13-2) as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. By: By: DOT Form 140 -063 EF Revised 9/2005 Consultant Signature Approving Authority Signature Date EXHIBIT B -2 CITY OF TUKWILA ENGINEERING DESIGN SERVICES SOUTHCENTER PARKWAY EXTENSION PROJECT SCOPE OF SERVICES SUPPLEMENT NO. 8 SECTION 1.00 PROJECT DESCRIPTION AND DELIVERABLES 1.01 PROJECT DESCRIPTION The objective of Supplement No. 8 is to document scope of work changes and to complete construction documents including plans, specifications, and estimates (PS &E) for the Southcenter Parkway Extension Project. In February 2006, a 90 percent PS &E package was delivered by the Consultant to the City of Tukwila (City), and 90 percent comments by the City were given to the Consultant. The project was placed on hold by the City in April 2006. In June 2009, the City contacted the Consultant to restart the design and finalize the construction documents. Prior to the 90 percent deliverable, the City requested that the Consultant incorporate design revisions into the documents. These revisions, referred to as "Pre- ninety City," are as follows: Add three new traffic signals. Add four driveway intersections. Add a new drainage system that will connect the outfall from the north pond to Pump Station 17. Add five- foot -wide bike lanes to both sides of Southcenter Parkway along the full length of the proj ect. Realign the intersection of South 178th Street to intersect with Southcenter Parkway at a 90 degree angle. Create a right -of -way plan for the new Southcenter Parkway and South 178th Street alignment. Revise the roadway section, earthwork model, and channelization layout for South 178th Street. Also prior to the 90 percent submittal, the Consultant incorporated, with the City's approval, revisions requested by the Tukwila South Project. These revisions, referred to as "Pre- ninety South," are as follows: Add six bus pullouts along Southcenter Parkway. Realign Southcenter Parkway around the existing wetland near Station (Sta.) 166 +00 (wetland #1). Add new traffic signals at Sta.149 +20, Sta.159 +50, and the South 200th Street intersection. Add six new intersections on Southcenter Parkway as shown by La Pianta. Add five Pressure Reducing Valve (PRV) stations for the Highline Water District watermain extension. Revise the illumination system from median lighting to behind the sidewalk lighting. Revise the landscape /illumination plan to reflect the new median layout. Revise the channelization plans to reflect the new median layout and turn pockets. p:\ t\ tuka00000001\ 0000con\ 0030contract \0031add- ons\supplement no. 8 (not approved) \southcenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 1 Scope of Services Extend the storm drainage system along South 180th Street from Southcenter Parkway to the P -17 Pump Station. Conduct detailed analysis to provide local access to Mitchell Moving and Storage and Gaco. The Pre ninety City and Pre ninety South revisions have been completed by the Consultant and were incorporated into the 90 percent deliverable. A preliminary scope of services was agreed upon, but a contract change order was not executed. The existing authorized budget was used to complete these revisions. One item that was included in the Pre ninety South revisions but the Consultant has not performed the work for was designing Stream E enhancement plans for the area west of the roadway from approximately Sta. 129 +00 to Sta. 139 +00. This work will be completed by the Consultant as the final documents are prepared. Additional revisions were requested by the City as part of the 90 percent comments. These revisions, referred to as "Post- ninety City," are as follows: 1) Eliminate the realignment of South 178th Street. 2) Analyze the impacts of raising the maximum water elevation of the La Pianta south pond (south of South 200th Street) to 29 feet. 3) Eliminate the bike lanes on Southcenter Parkway along the full length of the project. 4) Develop conceptual pond layouts for two (north and south) detention/water quality ponds. Of these revisions, the Consultant has only completed the elimination of the South 178th Street realignment and the development of the conceptual pond layouts, and began but did not finish the analysis of raising the south pond water elevation to 29 feet. Again, these items were performed under the existing budget, but a contract change order was not executed. In June 2009, La Pianta and the City signed a developer agreement that provided design guidance for the completion of PS &E package. These revisions, referred to as "2009 Agreement," are as follows and require additional budget: Maintain the 90 percent design with the exception of eliminating the bike lane. Coordinate with PSE on the design of electrical and gas lines. As discussed in a meeting with the City, La Pianta, and the Consultant, the following are design and task items (requiring additional budget) that are needed to finalize the PS &E package: Design a piped stormwater conveyance system to convey Stream E from approximately Sta. 114 +40, 190' LT to approximately Sta. 130 +00. The piped system shall be located behind the proposed sidewalk on the west side of the road. It is assumed that this portion of Stream E is not required to be fish passable. Redesign a portion of the Highline Water System due to the elimination of the South 178th Street realignment. Coordinate design of a joint utility trench (dry utilities) with Puget Sound Energy along the new construction of Southcenter Parkway. The Consultant shall check for utility conflicts with the joint utility trench. Revise approximately 1600 If of roadway profile from Sta. 168 +00 to Sta. 184 +00 based on backwater conditions for the maximum seven -day holding volume elevation of 29 feet for the south pond. Design the realignment of the Sta 118 +50 and Segale Drive C intersections per La Pianta's 90 percent review comments dated September 2009. p:\ t\ tuka00000001\ 0000con\ 0030contract \0031add- ons\supplement no 8 (not approved)\southcenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 2 Scope of Services Provide 9 additional stormwater, 7 additional sanitary, and 11 additional water stubouts as described in La Pianta's 90 percent review comments dated September 2009 Update the cost estimate. Update the special provisions to encompass revisions made by the new "2008 Standard Specifications for Road, Bridge, and Municipal Construction." In the preparation of this supplement, the Consultant has made the following assumptions: Assuming La Pianta will obtain all required permits prior to the Ad date, the roadway profile over the existing levee near Sta. 169 +50 will not be raised. If revision to the roadway profile is required, a new contract supplement will be required. The Consultant shall not design any stormwater ponds. La Pianta will provide regional stormwater ponds for the use of the Southcenter Parkway Extension project. The Consultant will design a conveyance system to the regional ponds as part of this supplement. If the Consultant is required to design any stormwater ponds, a contract supplement will be required. La Pianta will remove all existing structures, buildings, and all salvageable items identified in La Pianta's comments dated September 2009 prior to the Ad date. La Pianta shall also cap all utilities during the demo operation. La Pianta shall also decommission the existing water well located at approximate station 156 +77 17' RT. If necessary, La Pianta will remove all hazardous material within the proposed roadway limits. If the City is responsible for any items identified above, a new contract supplement will be required. The Consultant shall provide design plans to remove all asphalt, foundations and abandoned utilities /conduits within the proposed roadway right -of -way. From Sta. 139 +00 to Sta. 151 +00, the existing Stream E ditch will be filled. If necessary, La Pianta will provide a new conveyance system for Stream E. La Pianta is preparing the NPDES permit for the Tukwila South Project, including Southcenter Parkway. The Consultant shall provide Southcenter Parkway design information to La Pianta for the NPDES permit. For stormwater runoff during construction, La Pianta will design and construct all temporary erosion control ponds and conveyance systems for the project. La Pianta will provide the City and Consultant the location of these ponds. The Consultant shall design the conveyance system to the TESC ponds. Prior to the TESC ponds being constructed, the consultant shall design a TESC system that directs water off of the proposed road construction to the low spots provided by La Pianta. This initial TESC system will be referred to as Phase 1 on the plans. The Phase 2 TESC system to be design by the Consultant shall direct water off of the proposed road construction and convey it to the TESC ponds constructed by La Pianta. It is assumed the TESC ponds constructed by La Pianta will be available for use by October 1, 2010. The south basin conveyance system will not be upsized for temporary pumping of north basin stormwater to the south pond. La Pianta will design a temporary stormwater conveyance system from the north basin to the south pond, including all force main crossings under Southcenter Parkway. At the future South 178th Street intersection location, no curb radii on the west side of Southcenter Parkway will be designed. Future conduit for the west approach will be installed. There are no changes to the existing locations of water, sanitary sewer, and stormwater stub -outs. Confirmation is required from all parties, i.e. City, KPFF, and the Consultant, that the backwater elevation of 29 feet shall be used for the south regional pond. p:\ t\ tuka 0000con\ 0030contract \0031add- ons\supplement no. 8 (not approved) \southcenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 3 Scope of Services The City will provide the driveway location needed for a future fire station. La Pianta will provide the location for the driveway cut to the Schoenbachler property. PSE will design the utility joint trench to include electrical, gas, and telecommunications lines. The utility trench shall be located on the back side of the sidewalk on the east side of Southcenter Parkway. La Pianta will construct the joint utility trench. The City shall provide direction to the Consultant as to whether the water line work north of S 180 Street to Minkler Blvd. is to remain in the contract documents. 1.02 PROJECT DELIVERABLES FURNISHED BY THE CONSULTANT The Consultant shall maintain a project file for pertinent work items. These files will be delivered to the City at the conclusion of the project. In addition to the project files, the Consultant shall deliver the following documents and products to the City as part of this agreement: Meeting Minutes. 90 percent PS &E contract plans incorporating the revisions listed above. Revised 90 percent cost estimate. Revised 90 percent special provisions. 100 percent PS &E contract plans. 100 percent cost estimate. 100 percent special provisions. Engineer's cost estimate back -up data. Updated Hydraulic Report. Updated Geotechnical Report. Electronic bid documents provided to the Builders Exchange. Addenda. 1.03 ITEMS FURNISHED BY THE CITY All information on the regional stormwater ponds' locations, design, layout, details, and hydraulic modeling. All information on temporary erosion control ponds. All available "As- Built" information for utilities and roadways for the storm drainage extension on South 180th Street. All updated Tukwila South Project CADD files developed by La Pianta. SECTION 2.00 PROJECT MANAGEMENT AND QUALITY CONTROL 2.01 PROJECT MANAGEMENT Direction of the Consultant staff and review of their work over the course of the project shall be provided. This work element includes coordinating with the City and in -house staff, attending progress meetings, and planning work items. Periodic monitoring of the Consultant's design budget will occur over the course of the project. Current status, as well as budget projections, will be developed. This work element is intended to help monitor costs and budgets, and to propose corrective actions. These actions could include formal requests for scope modifications and respective budget adjustments. Drawings and documents received and generated over the course of the project will require review, coordination, and file management to be completed by the Consultant. p:\ t\ tuka00000001 \0000con \0030contract \003 Ladd- ons\supplement no 8 (not approved)\southcenter supplemental services 88 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 4 Scope of Services It is assumed that the contract duration to complete the design work is October 2009 through February 2010, or a five -month duration. Deliverables: None 2.02 COORDINATION MEETINGS This work element provides for the preparation for, attendance at, and documentation of meetings for the duration of the contract. These meetings shall be the forums for the City to provide input and guidance for the duration of the project. They will also be used to discuss project issues, approve submittals, and develop potential solutions. It is assumed that there will be 14 meetings total with each meeting lasting five (5) hours (includes driving, meeting, and minutes preparation). The Consultant shall prepare for, attend, and document up to two (2) coordination meetings with the City for the revised storm model and the review of the revised 90 percent plans. The meetings will be held at the City offices. The Consultant shall prepare and distribute meeting minutes to all meeting participants and the City within ten (10) working days following the meeting. Deliverables: Meeting Minutes 2.03 QUALITY CONTROL /QUALITY ASSURANCE REVIEW This task is for QC /QA review of the Consultant's deliverables by a designated QC /QA staff member. The review shall cover documents, reports, plans, specifications, cost estimates, and pertinent information on an ongoing basis. The QC /QA program entails the periodic review of study criteria, design, assumptions, concepts, and presentation of product format, and assures that the overall project objectives are being fulfilled. The City will provide additional quality review. This will be coordinated with the Consultant Project Manager and pertinent staff members. Support groups within the City will review and provide direction on pertinent work items, and will coordinate with the Consultant Project Manager and pertinent staff members. Deliverables: None SECTION 3.00 BASEMAPPING 3.01 BASEMAPPING Completed Work As part of the "Pre- ninety South" Project comments, additional basemapping was required for the design of the storm drainage extension along South 180th Street from Southcenter Parkway to the P -17 Pump Station. Also, survey crews were sent to locate geotechnical borings and to locate and survey the waterline on Orillia Road. As of September 2009, the Consultant has completed this work. New Work In order to complete the design, some additional survey is needed. Due to new building construction in recent years, a field walk from South 180th Street to Minkler Road shall be conducted to identify if any new water or sewer services have been installed. The Consultant shall look for pavement patches in the existing pavements. Underground locate service will not be contacted. An on -call survey budget shall be created for miscellaneous pick -up information. It is assumed that three days of field time and three days of office time are needed. Included in the three days of field time is one day for geotechnical boreholes (see Section 8.00 Geotechnical) pick -ups. p:\ t\ tuka0000000I\ 0000con\ 0030contract \0031add- ons\supplement no 8 (not approved) \southcenter supplemental services #8 09_09- 23_doc DAVID EVANS AND ASSOCIATES, INC. 5 Scope of Services Deliverables: Updated Basemap SECTION 4.00 DESIGN 4.01 REVISE SOUTHCENTER PARKWAY EXTENSION LAYOUT At the direction of the City, the bike lanes are to be eliminated from Southcenter Parkway. It is assumed that the current 90 percent plans will be revised to reflect the changes, and that a new set of revised 90 percent plans and a cost estimate will be submitted to the City for their review and comments. A portion of the budget to bring the plans from 90 percent to 100 percent completion is accounted for the in the original contract and in Supplements 1 through 7. The Consultant shall revise the design of Southcenter Parkway based on: removing the bike lanes; if required, raising the roadway profile due to the maximum water elevation of 29 feet for the south regional pond; the new Stream E conveyance; the revised temporary erosion/sediment control design and 90% comments received from La Pianta dated September 2009. Impacts to the plans include the following: Revise typical sections. Revise earthwork model and develop new cut /fill lines. Revise TESC plans to show new cut /fill lines, inlet protection, plastic covering limits, and other BMPs to direct stormwater to the TESC ponds provided by La Pianta. Revise plan/profiles by relocating curbs, gutters, and sidewalks. Revise plan/profiles to show new roadway and storm drainage profile, and new pipe sizes, rim, and invert elevations. Relocate tree pits and rehatch the sidewalk. Revise all drainage structure locations and inverts in plans and profiles. Revise curb return geometry. Revise horizontal and vertical alignment of Segale Drive C and the Sta. 118 +50 intersections. Revise callouts. Revise drainage profiles to reflect new offsets and elevations. Completely revise curb staking plans to reflect new geometry and elevations. Revise wall plan/profile to reflect new horizontal and vertical location. It is assumed that the sanitary sewer plans from South 180th Street to Minkler Boulevard would not be affected by eliminating the bike lanes. South of 180th Street, it is assumed that the main truck line will have no revisions but there will be revisions to the stub -out offsets. Revise channelization plans by removing bike lane striping callouts and revising crosswalk locations and callouts. Revise water plans to show new hydrant and stub -out locations. Revise sanitary sewer plans to show new stub -out locations. Revise traffic signal plans to reflect new curb and crosswalk locations. Revise illumination plans to reflect new locations for all luminaire poles, junction boxes, and conduits. Revise landscape plans to show new tree pit locations. p:\ t\ tuka00000001 \0000con \0030contract \0031 add -ons \supplement no. 8 (not approved) \southcenter supplemental services 118 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 6 Scope of Services Revise irrigation plans to reflect new tree pit locations. Revise sanitary sewer and water plans. Develop Stream E enhancement plans. It is assumed that there will be minor revisions to the preloading and pump station plans. The Consultant shall develop a utility conflict plan for the revised plans, and shall relocate utilities as necessary to eliminate conflicts. The Consultant shall coordinate with the utility companies in the designs and locations of fiber, telephone, and cable TV lines. The utility companies will provide the Consultant with the locations of vaults, and the sizes and numbers of conduits required. The Consultant shall coordinate the designs of roadway and utility companies. The Consultant shall show the vaults, conduits, and joint trench locations in the PS &E documents. The Consultant shall revise and update the engineer's cost estimate. This work shall include updating all bid item quantities and unit costs. The Consultant shall rewrite and update the contract special provisions. Since the last time the Consultant prepared the special provisions, a new Standard Specifications book was released by WSDOT. The Consultant shall utilize the 2008 version of the Standard Specifications. Deliverables: 90 Percent Plans (10 copies, half -size 11" x 17 90 Percent Contract Special Provisions (10 hard copies) 90 Percent Engineer's Estimate (10 hard copies) 4.02 PREPARE FINAL CONTRACT DOCUMENTS (100 PERCENT COMPLETION) The Consultant shall prepare final contract documents in accordance with the City's review comments from the final design coordination meeting and in accordance with regulatory agency permit conditions. The following work shall be completed as part of the final contract document preparation: Plan modifications and /or revisions in response to City review comments from the final design coordination meeting. Final design of project elements. Special provisions. Final quantities and construction cost estimate. Final set of signed and reproducible construction contract documents. The Consultant shall assemble all plan sheets, the general and special provisions, the engineer's estimate, and associated documentation for submittal as an Ad Ready PS &E package. Upon approval by the City, the Consultant shall upload electronically the contract documents, signed plan sheets, and special provisions to the Builders Exchange website. Deliverables: One set of Signed Full -Size Plans on bond paper One set of Signed Half -Size Plans on bond paper One set of Contract Special Provisions One hard copy of Engineer's Cost Estimate One hard copy of engineer's cost estimate back -up data Contract Documents posted electronically to the Builders Exchange 4.03 ASSISTANCE DURING BID PERIOD The Consultant shall provide assistance during the ad period for construction bids consisting of attending a pre- construction meeting, assisting the City in responding to bidder questions, and preparing addenda. It is assumed that three addenda shall be prepared, taking up to eight hours for each addendum. p t\ tuka00000001\ 0000con\ 0030contract \0031add- ons\supplement no. 8 (not approved)\southcenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 7 Scope of Services Deliverables: Addenda SECTION 5.00 HYDRAULICS There are two stormwater discharge ponds for this project that will be designed and constructed by La Pianta. The Southcenter Parkway Extension project will outfall to these ponds. The Consultant shall conduct the hydraulic analysis for the south area using a backwater elevation of 29 feet. The Consultant shall confirm the hydraulic analysis for the north pond outfall along South 180th Street to Pump Station 17. The Consultant shall design a new piped conveyance system for Steam E from approximately Sta. 114 +50, 190' LT to Sta. 130 +00. It is assumed that the crossing will be located in the same location as the existing. The Consultant shall finalize the analysis using the outfall elevation to reflect the new storm layout for the 90 percent submittal, and incorporate that information into the Hydraulic Report. The Consultant shall revise the storm drainage model of the conveyance system according to the plan changes noted above. The level of effort for plan revisions is included in Section 4.00. The Consultant shall update and finalize the hydraulic report. Deliverables: South Hydraulic Model verification North Hydraulic Model (Pump P -17) Hydraulic Report (Draft and Final) SECTION 6.00 COORDINATION The Consultant shall coordinate with King County METRO to determine design parameters for the bus pullouts. A meeting with METRO shall be held to verify the current design and determine if new design standards have been implemented. The Consultant shall coordinate with two local businesses Mitchell Moving and Storage, and Gaco to discuss maintaining access from Southcenter Parkway. Two meetings have been held with each business. However, another meeting with Mitchell Moving and Storage and Gaco shall be held to verify the current design. Three additional Highline Water District meetings will be required. One meeting will be to re -start the design and to discuss waterline revisions due to the elimination of the South 178th Street realignment. The other meeting is to discuss the 90 percent design comments. It is assumed that these meetings will be held at the Highline Water District in Kent. The Consultant shall coordinate with the following utility companies: Qwest and Comcast. The Consultant shall coordinate and incorporate vault and conduit requirements into the PS &E package. It is anticipated that three meetings shall be held. It is assumed that independent meetings with each utility company are not needed. The Consultant shall coordinate and provide information to PSE in order to facilitate the design of electrical and gas lines. It is anticipated that three meetings shall be held. p:\ t\ tuka00000001\ OOOOcon\ 0030contract \0031add- ons\supplement no. 8 (not approved) \southcenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 8 Scope of Services Additional coordination with KPFF and Anchor by the Consultant may be required throughout the project duration. Budget required for additional coordination will be authorized by the City under a separate notice to proceed. Deliverables: Meeting Minutes SECTION 7.00 ENVIRONMENTAL UPDATE All of the environmental documentation for the City's portion of the work has been completed. A "No Effect Determination" letter was prepared in July 2006. The Local Agency Environmental Classification Summary was signed by FHWA in August 2007. However, an update to these documents will be prepared to address recent release ESA listed species, critical habitats, and the revised stormwater system. Deliverables: Updated "No Effect Determination" Letter Updated Local Agency Environmental Classification Summary Document SECTION 8.00 GEOTECHNICAL Due to the changes listed above to the Southcenter Parkway Extension Project, additional geotechnical exploration is required. This field investigation will provide supporting documentation for the Stream E culvert crossing and levee crossing. The following items will be included in this scope of work: 1. Review existing data and new design information to plan a supplemental subsurface exploration program. 2. Conduct a site reconnaissance to determine boring and test pit locations, plan the field exploration program, and coordinate the field activities. 3. Drill three borings ranging from 20 to 40 feet deep: a. Two 20 -foot borings at the culvert (Stream E) crossing. b. One 20 -foot boring at the roadway alignment and levee crossing. A full -time observation by the Consultant engineering geologist will be provided for each boring. Standard Penetration Test samples will be obtained at 2%2- to 5 -foot intervals; if soft soils are encountered, thin walled (Shelby) tube samples will be obtained. The boreholes will be backfilled at the completion of exploration. Please note that our proposed scope of services does not include analyzing for the presence or absence of soil or groundwater contaminants. 4. Conduct selected laboratory testing to determine index properties of the on -site soils, including moisture content, grain size analysis, and Atterberg limits. 5. Perform additional engineering analysis and prepare recommendations for design and construction. Work items included are as follows: a. Evaluation of the impacts of the roadway construction on the existing levee at about Sta. 171 +00. b. Evaluation and design recommendations for Stream E culvert crossing. p:\ t\ tuka00000001\ 0000con \0030contract \0031add -ons \supplement no 8 (not approved) \soutlicenter supplemental services #8 09_09- 23.doc DAVID EVANS AND ASSOCIATES, INC. 9 Scope of Services 6. Prepare and submit a draft geotechnical report. 7. Review PS &E plans and specifications. 8. Finalize the draft report based on the comments and submit a final geotechnical report for the project. The following assumptions were made in preparing this scope: 1. Right -of -entry and permits will be obtained and provided by the City. 2. Drill cuttings will be disposed of on -site. 3. Drill cuttings are assumed to be "clean," with no drumming or special handling required. 4. Mobilization and drilling can be accomplished during normal daylight work hours. Deliverables: Updated Draft Geotechnical Report Final Geotechnical Report p: \t \tuka00000001 \0000con \0030con tract \0031add -ons \supplement no 8 (not approved)\southcenter supplemental services #8 0909- 23.doc DAVID EVANS AND ASSOCIATES, INC. 10 Scope of Services Classification Hrs. x Rate Cost 1 Quality Assurance /Quality Control 80 $57.75 $4,620.00 2 Project Manager 507 $57.75 $29,279.25 3 Senior Professional Engineer 620 $58.80 $36,456.00 4 Professional Engineer 440 $43.05 $18,942.00 5 Design Engineer 334 $31.50 $10,521.00 6 Cadd Manager 404 $40.43 $16,331.70 7 Sr. Traffic Engineer 107 $58.80 $6,291.60 8 Traffic Engineer 84 $43.05 $3,616.20 9 Sr. Landscape Architect 72 $40.90 $2,944.62 10 Sr. Landscape Designer 94 $32.24 $3,030.09 11 Senior Prof. Land Surveyor 3 $50.40 $151.20 12 Survey Tech. 32 $31.50 $1,008.00 13 Survey Crew 32 $49.35 $1,579.20 14 Senior Scientist 48 $44.10 $2,116.80 15 Scientist 80 $30.45 $2,436.00 16 Graphics 8 $33.60 $268.80 17 Project Administrator 84 $31.50 $2,646.00 18 Administrative Assistance 149 $28.09 $4,185.04 Direct Salary Cost Supplement No. 8 Southcenter Parkway Extension Project Summary Total Hrs. 3178 $146,423 Subtotal $146,423 Overhead Cost 174.70% of Direct Labor $255,802 Overhead Cost Adjustment on remaining budget for Original and Suppl 1 -7 $1,643 Net Fee 30.00% of Direct Labor $43,927 Subtotal $447,795 Direct Non -Salary Cost a) Deliveries/ Mail 5 Each $15.00 /Each $75.00 b) Reproduction: Plans Sets 30 Each $110.00 /Each $3,300.00 Reports 30 Each $50.00 /Each $1,500 c) Hydraulic Modeling Lump Sum $15,000 d) Travel (Personal Miles) 200 Miles $0.550 /Mile $110.00 e) Utility Tone Marking (APS) $1,000.00 Subtotal $20985 :a Subconsultant PanGeo DEA Total to Complete Project Existing Remaining Authorized Budget (Supt 1 -7) Additional Budget for Completion (Supt 8) Page 1 P:\ t\ TUKA00000001\ 000000N \0030Contract \0031Add -Ons \Supplement No. 8 (Not Approved) \Southcenter Supplemental Services #8 09_09- 23.xls r$473,680 $95;00(# I ,,,4378;680-1 $146,423 $4,90( Printed 9/23/2009 1.00 (Project Description and Deliverables Final PS8E Preparation 14,. 1111111111111.111F 2.00 Project Management and Quality Control 2.01 Project Management A Monthly Progress Reports B Monthly Invoices 2.02 Coordination Meetings A Bi- Weekly Mtgs (Every other week 14 meetings) B Storm Model Meeting (2 meetings) C 90% plan review 2.03 Quality Control /Quality Assurance Review 3.00 IBasemapping 3.01 Basemapping A S. 180th to Minkler Field Walk B On -call surveying 4.00 (Design 4.01 !Revise Southcenter Parkway Extension Layout A Bike Lane Elimination B September 2009 90% Comment Resolution C 90% Plans Preparation Roadway plans /profiles Segale Drive C Horizontal /Vertical Realignment Station 118 +50 intersection realignment Channelization and signing plans TESC Plans /Details Miscellaneous details Storm drainage plans and details Stream E Conveyance Plan /Profile Retaining Wall Water /Sewer plans Sanitary Lift Station PRV plans Intersection plans Signal design I Steam E Enhancement plans sk "2 0 Tat D T 3.01a 80 6 8 6 14 70 6 4 68 42 6 4 1 8 P1l\ TUKAOOD000011000000N \0030Contract \0031Add -Ons \Supplement No. 8 (Not Approved) \Southcenter Supplemental Services 88 09 09- 23.xts SUPPLEMENT NO. 8 Southcenter Parkway Extension Project Estimated Person -hours Summary 2 3 4 5 6 7 8 9 10 I 11 12 13 14 15 16 17 18 8 4 4 4 32 4 4 4 c c m C c W C m a 'IL a U CO (ai :°rot rstirs 4 2 8 40 16 24 1 2 12 4 1 2 8 4 2 24 16 8 4 8 16 8 2 16 40 20 4 16 80 32 40 2 16 24 16 16 1 4 4 4 1 4 16 4 8 1 40 16 32 1 8 8 4 1 2 16 8 1 40 32 4 1 8 d1 0) 8 16 Page 2 12 40 1 1 8 8 2 1 24 24 is DEA Total DEA Total PanGeo Total z otaI 80 $14,129 $14,129 42 I 7 63 $7,120 $7,120 42 7 69 $8,180 $8,180 14 126 $21,118 $21,118 2 14 $2,310 $2,310 2 14 $2,317 $2,317 68 $12,010 $12,010 32 401, 11$011$1 910t18&: 34 $4,518 $4,518 51 $6,419 $6,419 $10937 i $10,937 44 $5,908 $5,908 12 $1,811 $1,811 90 $11,566 $11,566 19 $2,611 $2,611 15 $2,084 $2,084 62 $7,816 $7,816 32 $3,969 $3,969 78 $8,786 $8,786 172 $22,144 $22,144 74 89,910 $9,910 13 $1,917 $1,917 33 $4,377 $4,377 89 $12,559 $12,559 21 $3,163 $3,163 27 $3,632 1 $3,632 89 $12,983 1 $12,983 64 $7,140 i $7,140 9/23/2009 4.02 A B C D 4.03 A B C Right -of -way plan Illumination design Landscape plans and details Irrigation plans and details Dry utilities Engineer's estimate quantities Specifications Design submittal production Prepare Final Contract Documents (100% Completion) Final design coordination meeting Comment Resolution 100% Plans Preparation Roadway plans /profiles TESC Plans /Details Channelization and signing plans Miscellaneous details Storm drainage plans and details Stream E Conveyance Retaining Wall Water /Sewer plans Sanitary Lift Station PRV plans Intersection plans Signal design Stream E Enhancement Plans Right -of -way plan Illumination design Landscape plans and details Irrigation plans and details Dry utilities Engineer's estimate quantities Specifications Design submittal production Post Contract Documents to Builders Exchange website Assistance During Bid Period Pre construction meeting Responding to bidders questions Addenda 2 3 4 5 1 6 1 7 8 i 9 10 11 12 13 14 15 1 16 17 18 1 d c cn c W c O N r1l N Q1 c d1 01 C c az w u N c `o y m 'o o w A tai I*" 2 8 1 8 2 1 8 4 8 8 1 4 8 40 16 4 8 16 24 16 40 24 2 4 8 4 4 4 8 32 16 16 1 2 24 8 8 2 4 4 1 2 4 4 8 1 4 4 4 8 2 16 16 4 16 2 8 8 8 8 1 2 2 2 1 2 2 2 2 1 16 16 2 4 4 2 2 4 4 2 2 16 2 2 4 2 1 4 8 16 8 4 16 8 8 32 8 2 4 8 2 16 4 4 8 4 1 4 24 ,.task "4.4 Totat' 146 354 440 '326c 37 P t\ TUKA00000001\ 000000N \0030Contract10031Add -Ons \Supplement No. 8 (Not Approved) \Southcenter Supplemental Services 68 09_05- 23.AI, SUPPLEMENT NO. 8 Southcenter Parkway Extension Project Estimated Person -hours Summary 8 8 16 2 4 24 2 2 4 16 16 t d a c rn L y d) 0) c m <0 C 0) N lL v E o (1) (n aI TO 4 hrs 16 8 4 8 4 16 16 4 8 8 4 8 4 4 4 4 4 4 2 2 4 2 1 72 I:94 N c N E V N U Q N a N cn V 2 O 0 0 tat :Tat hrs'' 'hrs 1 24 8 16 $2,575 $2,575 8 96 $13,643 $13,643 8 8 24 I 8 16 24 3781'7 "207a DEA Total DEA Total PanGeo Total ,.T atar r= total 18 $2,402 $2,402 42 $5,941 $5.941 44 $5,274 $5,274 32 $3,567 $3,567 69 $7,781 $7,781 67 $8,852 $8,852 128 $19,118 819.118 22 $2,415 $2,415 43 $5,456 $5,456 10 $1,239 $1,239 19 $2,437 $2,437 21 $2,797 $2,797 54 $7,700 $7,700 34 $4,605 $4,605 7 $1,047 $1,047 9 $1,239 $1,239 33 $4,595 $4.595 12 $1,846 $1,846 12 $1,846 $1,846 50 $7,315 $7,315 18 $2,142 $2,142 8 $1,320 $1.320 12 $1,773 81,773 8 $895 $895 8 $895 $895 37 $4,480 $4,480 40 $6,330 $6,330 62 $9,877 $9,877 23 $2,929 $2,929 42 $5,292 $5,292 $1,426 $1,426 $2,659 $2,659 $4,239 $4,239 $280,31$ $280.319' Page 3 9/23/2009 5.00 'Hydraulics A 'North Area I North Hydraulic Model Verification B South Area South Hydraulic Model Verification B 'Hydraulic Report Addendum Itta 6.00 Coordination A METRO B Local Business C IHighline Water District D IComcast and Qwest E IPSE F IKPFF/Anchor 1 12 8 40 2 ATotal lb I 8 1 8 18 18 1 16 16 I 8 8 8 1 16 16 16 I 105 I 82 Task 6.0 9°6 I I '03 1$10. PAlkTUKA00000001 \000000N10030Contractl0031Add-Ons Supplement No. 8 (Not ApprovecI)\Southcenter Supplemental Services 98 09_09-23.xls SUPPLEMENT NO. 8 Southcenter Parkway Extension Project Estimated Person-hours Summary 1 2 1 3 1 4 5 6 7 8 9 10 72 .E t c., a) c c H c Fa. ,S a) L) c t t o 8: if) 73 8) t cm z .c 3, o 2 5.c a) c L)) .g, t t 2 `c OD '2 rZ t'i, g 'cirl a',4.2 7 I9 4 u C p3 1 s I 5 5 4 2 t 1 3 t, 1 I 1 1 E- D E A -g, R L15 .g, f', a, a) .g a) 17, ..E a) 3 c E 2 a L to 0. as 'ci c 0 co 6: 4.) 4 9) 9) .8 Ea ..,:k■ ,,c 7? ci 0 o o cn co rvitt5 ot, tatirrouptatim.47 s otor t i 1 Yt t. (1 7,, it i t I DEA Total I I 1 I I I I 11121 I 1 1 1 1 1 1 I 1 7.00 ;Environmental Update A INo effects letter update I I 1 I I B Page 4 12 13 14 15 16 17 18 ExpensesI I III 13 $2,334 PanGeo Total V41( $2,334 13 $2,334 12 62 $9,884 $9,884 WIM3. 11111410 $2,334 2 18 $3,023 $3,023 2 18 $3,023 $3,023 2 34 $5,875 $5,875 2 26 $4,012 $4,012 2 50 $7,853 $7,853 2 189 $33,462 $33,462 12 1 35 35/g,48 5t:48 1 I I 1 12 1 40 1 8 1 1 8 69 $7,029 $7,029 'Environmental Summary Document Update I 1 1 1 1 1 1 1 1 36 1 40 1 1 1 4 81 $9,100 $9,100 lOTotaI 48 80 8 12 100 $18130 8.00 IGeotechnical 1 1 1 1 1 1 1 1 1 I A IGeotechnical support and review I I 4 I 4 I 1 1 1 1 1 1 1 1 1 8 $1,426 $4,900 $6,326 Task 5:0tOiati1 alli'•:::57..4*.li,41. *"4,aoq. $20,985 $20,985 fl!2:97 80 507 620 440 334 404 107 84 72 I :6 32 48 80 8 84 149 0178 $468,780 $4,900 $473,680: 9/23/2009 28th (Monday) 29th (Tuesday) 30th (Wednesday) Community Utilities Cmte, Affairs 5:00 PM Parks Cmtc (CR #1) CANCELLED City Council City Council Special Mtg. Committee of (Budget the Whole Workshop) Mtg., 6:00 to 8:00 PM 7:00 PM (Council (Council Chambers) Chambers) 5th (Monday) 6th (Tuesday) 7th (Wednesday) 8th (Thursday) Transportation Cmte, 5:00 PM (CR #1) Civil Servico RESCHEDULED TO OCT. 12T11. City Council Regular Mtg., 7:00 PM (Council Chambers) Chamber of Commerce Gov't. Community Affairs Cmte., 12:00 NOON (Chamber Office) Finance Safety Cmte, 5:00 PM (CR #3) Arts Commission, 5:30 PM (Community Center) City Council Special Mtg. (Work Session on Shoreline Master Program) 6:00 to 8:00 PM (Council Chambers) Upcoming Meetings Events SEPTEMBER OCTOBER 2009 FLOOD INFORMATION Meeting oriented to businesses: 3:00 to 5:00 PM Foster High School Meeting oriented to residents: 6:00 to 8:00 PM Commnunity Center Information to be provided regarding the Howard Hanson Dam and potential impacts in the event of future flooding. Sister City Cmte, 5:30 PM (Yamada Teriyaki) RESCHEDULED FROM OCT. 7TH. Sister City Cmte RESCHEDULED TO SEPT. 30TH. FLOOD INFORMATION 6:00 to 8:00 PM Community Center Information to be provided regarding the Howard Hanson Dam and potential impacts in the event of future flooding. Emergency information available at www.kingcounty. gov /floodplans. 1st (Thursday) Equity Diversity Commission, 5:15 PM (CR #3) Court 2nd (Friday) 9th (Friday) 10th (Saturday) Human Services A-eMsepfBeard CANCELLED Community Volunteer Fair 1:00 to 4:00 pm Community Center Visit our Open House where local organizations will showcase their volunteer opportunities. For more information call Tracy at 206- 768 -2822 or e-mail volunteer@ ci. tukwila. wa. us 3rd (Saturday) WORK PARTY ram•,ilcrvnv, o..nd Wetland Buffer Enhancomen.,,.. ent CANCELLED WORK PARTY Tukwila Pond Wetland Buffer Enhancement 9:00 AM to NOON (West side of Andover Park West, south of Strander Blvd.) Call Tracy (206- 768 -2822) or Sandra (206 -431 -3663) for more information. Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (13038 Interurban Ave.) Stop by and informally talk with a Tukwila City Councilmember about anything on your mind regarding Tukwila FLOOD INFORMATION 10:00 AM 12:00 Community Center Information to be provided regarding the Howard Hanson Dam and potential impacts in the event of future flooding. City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. >Community Affairs Parks Committee: 2nd 4th Mon 5:00 PM, Conf. Room #3. 9/28/09 meeting has been cancelled. Equity Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3. Contact Kimberly Matej at 206- 433 -1834. Sister City Committee: 1st Wed., 5:30 PM, Conf. Room #3. Contact Bev Willison at 206 -433 -1844. Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room #1. Agenda items for 9/29/09 meeting: (A) NPDES Program (Dept. of Ecology's grant program). (B) Surface Water GIS Inventory Area 6 consultant agreement and scope of work. (C) Ordinance amending TMC Chapter 11.08 permit fees for right -of -way and private property. Court Busy Court and /or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). 7th —Labor Day (City offices closed) Tentative Agenda Schedule MONTH MEETING 1 REGULAR October 5 Special Presentation: Community Schools Collaboration update Appointment: Community- Oriented Policing Citizens Advisory Board Unfinished Business: Housekeeping code amendments 2009 unclaimed property reporting and filing to Dept. of Revenue Resolution opposing Initiative 1033 Ordinance and policy regarding utility leak adjustments Seattle Southside Visitors' Center lease Authorize Mayor to sign Tukwila South escrow agreement between Bank of Yew York Mellon, La Pianta, LLC and City Authorize Mayor to sign amendment to contract 04-025 with David Evans Associates to complete 10% remaining design work for Southcenter Pkwy. extension MEETING 2 C.O.W. MEETING 3 MEETING 4 REGULAR C.O.W. September 8 (Tuesday) 14 21 28 12 19 26 Public Hearing: Comprehensive Plan amendments Special Issues: Comprehensive Plan amendments Unfinished Business: Comprehensive Plan amendments See agenda packet cover sheet for this week's agenda (September 28, 2009 Committee of the Whole Meeting)