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Permit L05-014 - RUTLEDGE WILLIAM - TUKWILA STATION CONDITIONAL USE
TEJKWILA STATION CONDITIONAL USE AND D EVELO PMENT AGREEMENT L05 -014 RELATED: E05 -003, L05 -015 TO: William Rutledge, Applicant Stuart McLeod & McLeod Development Company, Owner King County Assessor, Accounting Division Washington State Department of Ecology Agencies with Jurisdiction All Parties of Record This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project: Project File Number: Applicant: Type of Permit Applied for: Project Description: Location: Associated Files: Comprehensive Plan Designation/Zoning District: City of Tukwila Department of Community Development Steve Lancaster, Director April 29, 2005 NOTICE OF DECISION I. PROJECT INFORMATION L05 -014 and L05 -015 William Rutledge for Pacific Commercial Properties Conditional Use Permit and Design Review A mixed -use project with approximately 291 multi - family units and 5000 square feet of retail. The site is located just south of I-405 between the Union Pacific Railroad and the Burlington Northern Railroad tracks and is just north of Longacres Way. E05 -003 Tukwila Urban Center (TUC) II. DECISION SEPA Determination: The City SEPA Responsible Official has determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non - Significance (DNS). Decision on Substantive Permit: The City's Board of Architectural Review and the Planning Commission has determined that the Conditional Use permit and the Design Review application, for the proposed mixed use project, do comply with applicable City and state code requirements. The Planning Commission has MD Page 1 of 3 Q: \Conditional use permit\L05 - 014 - Tukwila Station mixed use NOD.doc 04/29/05 1:47 PM Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -366' approved the Conditional Use Permit application based on the findings and conclusions contained in the staff report. The Board of Architectural Review has approved the Design Review application based on the findings and conclusions contained in the staff report and subject to the following conditions: 1. Prior to the issuance of the building permit the applicant shall provide a lighting plan that shall be approved by the City's Police Department. 2. Prior to the issuance of the building permit the overflow trash area enclosure shall be relocated to meet the minimum setback requirements of 10 feet from the property line and the screen wall shall be consistent with the architecture of the building. 3. The applicant shall provide detailed specifications of the site furnishing including light fixtures and benches at the time of the building permit. 4. The proposed signs shall be consistent with the architecture of the building. The Decision on this Permit Application is a Type 4 decision pursuant to Tukwila Municipal Code 18.104.010. One administrative appeal to the City Council of the Board of Architectural Review and the Planning Commission Decision is permitted. No administrative appeal of a DNS is permitted. In order to appeal the Board of Architectural Review and the Planning Commission decision on the Permit Applications, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, that is by May 13, 2005. The requirements for such appeals are set forth in Tukwila Municipal Code18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. III. YOUR APPEAL RIGHTS IV. PROCEDURES AND TIME FOR APPEALING 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. V. APPEAL HEARINGS PROCESS The City Council hearing regarding the appeal shall be conducted as a closed record hearing based on the testimony and documentary evidence presented at the open record hearing conducted by the Board of Architectural Review and the Planning Commission. The City Council decision on the appeal is the City's final decision. MD Page 2 of 3 04/29/05 1:47 PM Q: \Conditional use permit \L05 -014- Tukwila Station mixed use- NOD.doc Any party wishing to challenge the City Council decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any s taff r eports, and other studies r elated t o the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Minnie Dhaliwal, who may be contacted at 206 -431 -3685 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Community Development City of Tukwila MD Page 3 of 3 04/29/05 1:47 PM Q: \Conditional use permit \L05 -014- Tukwila Station mixed use- NOD.doc William Rutledge 19336 47 Ave N.E. Seattle WA 98155 Shaunta R. Hyde The Boeing Company PO Box 3707 MC 14 -49 Seattle WA 98124 -2207 Susan Hempstead Puget Sound Energy PO Box 97034, PSE 12N Bellevue WA 98009 -9734 Laura N. Whitaker Perkins Coie 1201 Third Ave, Suite 4800 Seattle WA 98101 -3099 Stuart McLeod McLeod Development Company 213 Lake St. S Kirkland WA 98033 -6417 Ross Whitney 4606 130 CT NW Gig Harbor WA 98332 Lisa L. Burnside Union Pacific Railroad 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179 -1690 K.C. ASSESSOR'S OFFICE ACCOUNTING DIVISION 500 4 AVE — RM 709A SEATTLE, WA 98104 WA DEPT OF ECOLOGY SEPA REVIEW SECTION P 0 BOX 47703 OLYMPIA, WA 98504 -7703 City of Tukwila Department of Community Development Steve Lancastei Director STAFF, REPORT TO THE PLANNING COMMISSION AND THE BOARD OF ARCHITECTURAL REVIEW PREPARED APRIL 20, 2005 HEARING DATE: April 28, 2005 NOTIFICATION: On March 28, 2005, Notice of Application was posted on site and mailed to surrounding property owners and occupants. The Noti of Hearing was posted on site and mailed to surrounding property owners and occupants on April 14, 2005. It was published in the Seattle Times on April 15, 2005. FILE NUMBERS: L05-014 - Conditional Use Permit L05 =015- Design Review APPLICANT: Pacific Commercial Properties REQUEST: Conditional Use Permit and Design Review approval to construct a mixed-use multi- family residential project With approximately 291 multi- family units and 4750 square feet of retail space on a 4.6 acre site: The site area will be 6.02 acres after the Union Pacific Railroad, relocation which will occur at the time of Strander Boulevard extension: LOCATION: SEPA DETERMINATION: DNS COMPREHENSIVE PLAN & ZONING DESIGNATION: The site is located just south of I -405 between the Union Pacific Railroad and the Burlington Northern Railroad tracks and is just north of Longacres Way: Tukwila Urban Center (TUC) STAFF: Minnie 'Dhaliwal Steven M Mullet, Mayor 6300 Southcenter Boulevard. Suite #100 0 'Tukwila. Washington 98188 • Phone: 206- 431 =3670 • Fax 206 - 431 -3665 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project ATTACHMENTS: A. Architectural, Civil and Landscape Plans B. Colored elevations- Building 1- South -west entry, Building 1- North -east entry, Building 2 -3 -west entry, Overall building massing perspective. C. Property Exhibits showing the land swap. D. Applicant's response to Conditional Use criteria. E. Applicant's response to Design Review criteria. F. Comments received in response to the notice of application. PROJECT DESCRIPTION VICINITY /SITE INFORMATION FINDINGS The proposal is to construct a mixed -use multi - family residential project with approximately 291 multi - family units and 5000 square feet of retail space. The project will have a lower level of parking, which will be in the range of 104,849 square feet and five stories of residential. There will be a total of three separate buildings. The first building will have a square footage in the range of 66,112. There will be a total of 60 units in the first building and 5000 square feet of commercial space at the courtyard level. The second building will have a total square footage in the range of 128,886 and 120 units. The third building will have a total square footage in the range of 125,247 and 111 units. Existing Development The site is currently vacant. An exhibition center was proposed on this site in 1995 but was never constructed. Surrounding Land Uses To the north of the subject site is Interstate 405, to the south is the Sound Transit Commuter Rail Station. The site lies between the Union Pacific Railroad and the Burlington Northern Railroad. Further west of the Union Pacific Railroad are single story industrial /warehouse type of buildings. The property east of the Burlington Northern Railroad is in the City of Renton and is part of the proposed Boeing Longacres Office Park Development. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 2 04/22/05 BACKGROUND Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project The site is located just south of I -405 between the Union Pacific Railroad and the Burlington Northern Railroad tracks and is just north of Longacres Way. The Sound Transit Commuter /Amtrak Rail Station is just south of the site. The site is located between the Union Pacific Railroad and the Burlington Northern Railroad. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway. This alternative would require the relocation of the Union Pacific Railroad right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right - of -way. Moratorium The site is within Transit- Oriented Development (TOD) area of the Tukwila Urban Center (TUC). The City's vision for this area is to promote a more compact, mixed -use, pedestrian supportive pattern of development that makes effective use of its proximity to the Commuter Rail Station. While the City is in the process of finalizing the sub -area plan for this area, the City Council has adopted a moratorium of certain activities and use. The City Council amended the moratorium on April 5, 2005 to provide an exemption for residential mixed -use transit - oriented development projects within one - quarter mile of the Commuter Rail Station. Zoning Code Amendments City Council has amended the zoning code to allow transit - oriented development housing up to 65 units /acre on properties that are adjacent to and not greater than one - quarter mile from the Sounder Commuter Rail /Amtrak Station property. Also, the parking requirements for transit - oriented development housing have been amended. Property Exchange Agreement The City of Tukwila and Pacific Commercial Properties have entered into a property exchange agreement. Per this agreement the City will exchange a portion of tax lot 242304 -9034 that is currently owned by the City for 100 feet of tax lots 242304 -9137 and 0005800013 in order to facilitate the relocation of Union Pacific Railroad that is associated with the Strander extension project. See Attachment C. The attached property Exhibit I shows the 100 feet property that will be deeded to the City by Pacific Commercial Services for the relocation of the Union Pacific Railroad. Exhibit II shows 30 feet temporary easement that PCP will retain for parking until the relocation of the Union Pacific Railroad. Exhibit III shows 43 feet that will be deeded to PCP at time of the Union Pacific relocation. This Design Review and the Conditional Use Permit applications are for both Phase I (parking in the 30 feet easement along the east) and Phase II (parking in the 43 feet along the west). Development Agreement In association with the Property Exchange Agreement, there is a Development Agreement between Pacific Commercial Properties (PCP) and the City of Tukwila. Based on this agreement PCP will extend the sidewalk from the subject property to West Valley Highway. Q: \Conditional use pemiit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 3 04/22/05 PUBLIC COMMENTS In response to the notice of application, written comments were received from the Boeing Company, Puget Sound Energy (PSE) and Mr. Ross Whitney. See attachment F. The letter from Perkins Coie LLC representing the Boeing Company raised some concerns with the traffic report. Those comments were reviewed by the City's traffic engineer and the applicant's traffic engineer. The applicant has included the guaranteed Boeing Longacres Park trips of 390 -peak hour volume in their traffic analysis. The applicant has also agreed that the easterly drive will be restricted to entrance only to meet the sight distance requirements. The trip generation, trip distribution, level of service analysis at the intersection of West Valley Highway and Longacres Way and the impact mitigation fees are governed by the City's concurrency ordinance. All impacts associated with these issues will be mitigated as part of their building permit process. PSE asked for some additional information to insure that there was no conflict with the proposed project and PSE's existing facilities. A copy of the site plan was provided to them. Any issues with the proposed project and PSE's existing facilities will be addressed during the building permit review process. Mr. Ross Whitney requested a copy of the traffic report and it was provided to him. REPORT ORGANIZATION This staff report is divided into two sections. The first section covers the Conditional Use Permit and the second section covers the Design Review decision. Staff's conclusions and recommendations follow each section. SECTION ONE - CONDITIONAL USE PERMIT DECISION CRITERIA- CONDITIONAL USE PERMIT Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project The proposed project must comply with criteria detailed in TMC 18.64.050, (1 -5), concerning Conditional Use Permits. Applicant's response to conditional use criteria is attached to this staff report as Attachment D. Staff makes the following findings under the city's Conditional Use Permit criteria (TMC 18.64.050): (1) The proposed use will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated. The site is located in the City's transit - oriented development (TOD) area and is adjacent to Sound Transit Commuter Rail Station. The draft Tukwila Urban Center sub -area plan envisons the development of the TOD area with a dense, vibrant mix of housing, office, lodging and supportive retail and service uses. This project fits in within the long -range Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 4 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project vision for the area. Recent amendments to the Tukwila Municipal Code allow transit - oriented development adjacent to and no more than one - quarter mile from the Commuter Rail Station to be developed up to 65 dwelling units per acre. The site is located between the Union Pacific Railroad (UPRR) and the Burlington Northern Railroad (BNSF). This project and the land swap will facilitate the relocation of the Union Pacific Railroad associated with the Strander Boulevard extension project. The properties to the east of the Union Pacific Railroad are developed with light industrial/warehouse type of structures. The property to the west of BNSF railroad is proposed to be developed as Longacres Office Park by the Boeing Company. The City of Renton had issued an Environmental Impact Statement (EIS) for that project. The City of Tukwila has an agreement with the Boeing Company regarding traffic impacts to the City of Tukwila and the mitigation of those impacts. The Traffic Impact Analysis Report for this development of 291 multi - family units and about 5000 square feet of retail was submitted with this application. The traffic impact analysis report will have to be consistent with the City's concurrency ordinance. The trip generation, distribution, level of service at the intersection and impact mitigation fees are regulated by the City's concurrency ordinance. The applicant has revised their proposal to include the 390 guaranteed Boeing trips on Longacres Way in their traffic impact analysis. Also, the applicant h as revised their proposal to restrict the east driveway to entrance only to mitigate the sight distance concerns. The site is served by Longacres Way. There is a gate at the entrance to the Boeing property that is only opened for metro buses for a few hours every day. It is not clear if that access will be opened in the future as part of the Longacres Office Park development. The one comment regarding the possibility of cut - through traffic from the proposed development through the Boeing property was not analyzed as part of the Traffic Impact Analysis. It is a situation that may or may not be a problem in the future and there is no concrete site plan or design of the Longacres Office Park at this time. (2) The proposed use shall meet or exceed the performance standards that are required in the district it will occupy. The Development Standards for uses in the Tukwila Urban Center (TUC) zone include a maximum height of 115 feet and the following setbacks: Front setback: 15' Side and Rear Setbacks: 10' The maximum height of the proposed building is approximately 75 feet. The proposed project meets all setback and landscaping requirements of the TUC zone except the overflow trash enclosure. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 5 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project The overflow trash enclosure is proposed in the location where it does not meet the setback requirements for phase I but it will meet the setbacks when phase II is developed. The location of the trash enclosure is addressed in the Design Review section of the staff report. The phase I of the proposed project includes parking in the 30 feet easement in the area where the UPRR will relocate. The site area for phase I is 4.67 acres. Phase II will include the relocation of the parking in the 30 feet easement to the west side within 43 feet of the UPRR right -of -way, which will be deeded to the City at the time of UPRR relocation. The site area for phase II is 6.02 acres. The density of the proposed development in phase I is 63.4 du/acre and will be 49.2du/acre after phase II is developed. The recent code amendments to the density standard allow a maximum density of 65du/acres for TOD housing. Also, the recent code amendments changed the parking requirements for TOD housing to one space for one bedroom unit and two spaces per unit for units that have two plus bedrooms. The proposed project includes 189 studio and one - bedroom units, 107 two - bedroom units and 4750 square feet of retail. The minimum number of required parking spaces is 418. A total of 419 parking spaces are proposed in phase I and there will be 422 parking spaces after phase II is developed. The total amount of recreation space that is required for multi - family project is 200 square feet per dwelling unit. For 291 units a total of 58,200 square feet is required. A total of 60,055 square feet of recreation space is proposed. (3) The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. The subject site is part of the transit - oriented development area of the Tukwila Urban Center. The sub -area plan for this area will call for an intensely urbanized area with a mix of compatible uses oriented toward the train station and spanning high - density residential, live work, office and lodging. This project will be the first step in that direction. The site is currently located between two railroads. Rail consolidation will open up the land in this area. This project and the land swap associated with it will facilitate the rail consolidation, which will happen at the time of Strander Boulevard extension. The proposed site plan has two access driveways on Longacres Way. There will be a crosswalk on Longacres Way to provide a pedestrian connection with the adjacent Commuter Rail Station. A traffic impact analysis report was prepared for this project and it was peer reviewed for the City's traffic consultant. The Boeing Company had raised some traffic concerns with the proposed development. These were passed on to the applicant who has responded to their comments. The trip generation, distribution and Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 6 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project mitigation fee is addressed by the City's concurrency ordinance and the proposed project will meet the concurrency requirements as part of the building permit process. The applicant has revised their proposal to include the 390 guaranteed Boeing trips on Longacres Way in their traffic impact analysis. Also, the applicant has revised their proposal to restrict the east driveway to entrance only to mitigate the sight distance concerns. (4) The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan This project must comply with the following Comprehensive Plan policies and meet necessary Zoning Code regulations. 10.1.4: Allow residential in proximity to water amenities or within walking distance of the Sounder Commuter Rail/Amtrak Station, subject to special design standards. The proposed project will provide approximately 291 multi- family units in the vicinity of the Commuter Rail Station and it is subject to design review. 13.3.8: Continue to encourage the use of rideshare, transit, bicycle and evolving technological transportation improvements. It is our hope that the residents will use the high- capacity transit due to its close proximity to the Commuter Rail Station. 13.4.15: Encourage transit - oriented uses and development patterns in the vicinity of high- capacity transit stations. This mixed -use project in the close proximity of the Commuter Rail Station will be the first project in the TOD area that fits in with the City's long -term vision for the area. 5) All measures have been taken to minimize the possible adverse impacts, which the proposed use may have on the area in which it is located. The proposed project meets all the development standards of the underlying zoning district. It meets the goal and policies of the Comprehensive Plan. The project is subject to design review and all aesthetic impacts will be addressed as part of that process. The drainage design of this project will meet all King County Surface Water Design Manual requirements. The traffic impact analysis submitted by the applicant was peer reviewed by the City's consultant. All issues related to trip generation, distribution and mitigation fee are covered by the City's concurrency ordinance. The concurrency review of the project will Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 7 04/22/05 CONCLUSIONS- CONDITIONAL USE PERMIT Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project be done as part of the building permit review process. The site access design was revised by the applicant and has been approved by the City's Traffic Engineer. The project was also reviewed by the City's police department for Crime Prevention through Environmental Design (CPTED) issues. They recommended that a lighting plan be submitted as part of the building permit to insure that the proposed project provides adequate lighting levels. They also recommended that the applicant should work with the police department to do some security enhancements both inside the garage and in the outside common areas. The applicant has agreed that they would work with the police department to make this project safe and secure. The requirement for the lighting plan is addressed in the Design Review section of this report. The proposed mixed -use project will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. The site is located in the City's TOD area and fits in with the long range vision for the area of a dense, vibrant mix of housing, office, lodging and supportive retail and service uses. The proposed project meets the performance standards that are required in TUC zone. The proposed project is compatible with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design. The traffic impact analysis report fort this project will have to be consistent with the City's concurrency ordinance. The trip generation, distribution, level of service at the intersection and impact mitigation fees are regulated by the City's concurrency ordinance. The applicant has revised their proposal to include the 390 guaranteed Boeing trips on Longacres Way in their traffic impact analysis. A lso, the applicant h as revised their proposal to restrict the east driveway to entrance only to mitigate the sight distance concerns. The proposed project is in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. This mixed -use project in the close proximity of the Commuter Rail Station will be the fit in with the City's long -term vision for the area. It can be stated that all measures have been taken to minimize the possible adverse impacts this project may have on the area in which it is located. RECOMMENDATIONS - CONDITIONAL USE PERMIT Staff recommends approval of the Conditional Use Permit. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 8 04/22/05 SECTION TWO - DESIGN REVIEW This project is subject to Board of Architectural (BAR) design approval under Tukwila Municipal Code (TMC) Section 18.60.030. In the following discussion the Board of Architectural Review criterion is shown below in bold and italics, followed by staff's comments. For the applicant's response to the criteria, see Attachment G. DECISION CRITERIA- DESIGN REVIEW Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project TMC 18.60.050.C. Multi- Family, Hotel and Motel Design Review Criteria. In reviewing any multi - family, hotel or motel application the following criteria shall be used by the BAR in its decision making as well as the Multi- Family Design Manual. 1. SITE PLANNING. a. Building siting, architecture, and landscaping shall be integrated into and blend harmoniously with the neighborhood building scale, natural environment, and development characteristics as envisioned in the Comprehensive Plan. For instance, a multi - family development's design need not be harmoniously integrated with adjacent single - family structures if that existing single- family use is designated as "Commercial" or "High Density Residential" in the Comprehensive Plan. However, a "Low Density Residential" (detached single - family) designation would require such harmonious design integration. The site is located within two railroads. There is no single - family development in the vicinity of the project site. The design will blend in with the future rail station and is consistent with the standards required of mixed -use projects. b. Natural features which contribute to desirable neighborhood character shall be preserved to the maximum extent possible. Natural features include, but are not limited to, existing significant trees and stands of trees, wetlands, streams, and significant topographic features. There are no existing trees and the site is virtually flat. c. The site plan shall use landscaping and building shapes to form an aesthetically pleasing and pedestrian scale streetscape. This shall include, but not be limited to facilitating pedestrian travel along the street, using architecture and landscaping to provide a desirable transition from streetscape to the building, and providing an integrated linkage from pedestrian and vehicular facilities to building entries. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 9 04/22/05 d. Pedestrian and vehicular entries shall provide a high quality visual focus using building siting, shapes, and landscaping. Such a feature establishes a physical transition between the project and public areas, and establishes the initial sense of high quality development. e. Vehicular circulation design shall minimize driveway intersections with the street. g. Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project The site plan has been developed to emphasize the pedestrian link to Longacres Way and the adjacent rail station. The main building that fronts Longacres Way has pedestrian plaza and retail shops at the street level. The street cross section includes landscaping and sidewalk along Longacres Way. The apartment structures all open onto a common deck level. The common plaza runs the length of the site from north to south and will allow pedestrian traffic between all the buildings and the common facilities. There will be entrances to the deck level from the parking area outside the garage. These entrances and the main building entrances are highlighted. There are two access driveways proposed along Longacres Way. The applicant has proposed that the east driveway shall be entrance only to address the sight distance concerns. f. Site perimeter design (i.e. landscaping, structures, and horizontal width) shall be coordinated with site development to ensure a harmonious transition between adjacent projects. The site is located between two railroad tracks. The Union Pacific Railroad will be relocated as part of the Strander Boulevard extension project. A crosswalk is proposed on Longacres to provide pedestrian connection with the train station. Varying degrees of privacy for the individual residents shall be provided; increasing from the public right -of -way, to common areas, to individual residences. This can be accomplished through the use of symbolic and actual physical barriers to define the degrees of privacy appropriate to specific site area functions. Primary common facilities are located in the southerly building on the deck level. These facilities include a theatre, meeting room, exercise /spa facility. These facilities open out onto the common plaza area above the parking garage. A small open space park is located in the north area. There are also common decks and terrace areas for the units. Some private decks and balconies are also proposed. Q: \Conditional use permit \L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 10 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project h. Parking and service areas shall be located, designed, and screened to interrupt and reduce the visual impact of large paved areas; There is street level parking at the south side of the building adjacent to Longacres Way, which will accommodate retail use and guest parking. The bulk of the parking is located in a parking structure below the common plaza. For phase I there is a row of parking in the 30 feet easement along the east. As part of phase II development the row of parking in the 30 feet easement will be relocated to the west side, which is currently Union Pacific Railroad right -of -way. i. The height, bulk, footprint, and scale of each building shall be in harmony with its site and adjacent long -term structures. The height of the building (five stories with the parking structure below) is in scale with nearby existing hotel and commercial structures. The applicant has revised the site plan and shifted the center building to the east to break up the long line of the three buildings. 2. BUILDING DESIGN. a. Architectural style is not restricted, evaluation of a project shall be based on the quality of its design and its ability to harmonize building texture, shape, lines and mass with the surrounding neighborhood. The proposed design is evaluated based on the quality of the design and no particular architectural style is preferred. The proposed design includes modulation and a variety of material /colors that will help break up the big mass of the buildings. The mixed -use building with its shops and main building entry is designed to present the images reminiscent of a train station with the use of brick and dark green metal storefront and canopies above the retail shops. b. Buildings shall be of appropriate height, scale, and design /shape to be in harmony with those existing permanent neighboring developments, which are consistent with, or envisioned in, the Comprehensive Plan. This will be especially important for perimeter structures. Adjacent structures that are not in conformance with the Comprehensive Plan should be considered to be transitional. The degree of architectural harmony required should be consistent with the non - conforming structure's anticipated permanence. The building design is complementary in scale to the neighboring development that is envisioned in the Comprehensive Plan. The proposed design includes three separate buildings. The building design includes a variety materials and colors. The design also includes extensive vertical and horizontal modulation to add interest and break up the mass of the proposed buildings. Q: \Conditional use permit \L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 11 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project c. Building components, such as windows, doors, eaves, parapets, stairs and decks shall be integrated into the overall building design. Particular emphasis shall be given to harmonious proportions of these components with those of adjacent developments. Building components and ancillary parts shall be consistent with the anticipated life of the structure. Building components such as windows, doors, eaves, parapets, stairs and decks have been integrated into the overall building design. The barrel vault roof elements add interest to the flat roof. d. The overall color scheme shall work to reduce building prominence and shall blend in with the natural environment. The north and south buildings will have similar color schemes. The middle building will have a different but complementary color scheme. This will help break up the huge scale of the overall project. The colored elevations are attached to this staff report. e. Monotony of design in single or multiple building projects shall be avoided. Variety of detail, form, and siting shall be used to provide visual interest. Otherwise monotonous flat walls and uniform vertical planes of individual buildings shall be broken up with building modulation, stairs, decks, railings, and focal entries. Multiple building developments shall use siting and additional architectural variety to avoid inappropriate repetition of building designs and appearance to surrounding properties. Extensive horizontal and vertical modulation is proposed to break up the huge mass of the buildings. Covered decks, building entry detailing and other features provide a variety of design for the overall project. Stucco and other siding material as well as color variation is used to further reduce the overall scale of the buildings. 3. LANDSCAPE AND SITE TREATMENT. a. Existing natural topographic patterns and significant vegetation shall be reflected in project design when they contribute to the natural beauty of the area or are important to defining neighborhood identity or a sense of place. The site is surrounded by the freeway and the railroads. The site has no existing trees or shrubs. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 12 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project b. Landscape treatment shall enhance existing natural and architectural features, help separate public from private spaces, strengthen vistas and important views, provide shade to moderate the affects of large paved areas, and break up visual mass. Street improvements along Longacres Way include a sidewalk and street trees. Also, perimeter landscaping is proposed along the sidewalk. In addition the parking at the front of the retail areas will have planting islands. Also, trees will be incorporated into the plaza layout to shade outdoor tables. c. Walkways, parking spaces, terraces, and other paved areas shall promote safety and provide an inviting and stable appearance. Direct pedestrian linkages to the public street, to on -site recreation areas, and to adjacent public recreation areas shall be provided. The main deck area will have extensive landscaping that will create a variety of areas for common use with seating areas and pathways linking the project from north to south. d. Appropriate landscape transition to adjoining properties shall be provided. Perimeter landscaping is proposed along Longacres Way to meet TUC standards. Some initial parking will be located on the east side of the building, but this will subsequently be relocated to the west side of the property when the final land swap is completed. Therefore, landscaping has been designed to accommodate these changes. 4. MISCELLANEOUS STRUCTURES. a. Miscellaneous structures shall be designed as an integral part of the architectural concept and landscape. Materials shall be compatible with buildings, scale shall be appropriate, colors shall be in harmony with buildings and surroundings, and structure proportions shall be to scale. Sheet A4.1 shows some of the proposed site furnishings including lighting fixtures and benches. The landscape plan shows the location of these site furnishings. Overall the design of the miscellaneous structures will be consistent with the architectural concept and the landscape design. The applicant shall provide detailed specifications of the site furnishings including light fixtures and benches at the time of the building permit. The design of the signs is not finalized at this time. The proposed signs shall meet all sign code requirements and shall be consistent with the architecture of the building. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 13 04/22/05 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project b. The use of walls, fencing, planting, berms, or combinations of these shall accomplish screening of service yards, and other places that tend to be unsightly. Screening shall be effective in winter and summer. The overflow trash enclosure is proposed in the location where it does not meet the setback requirements for phase I but it will meet the setbacks when phase II is developed. The trash chutes are provided within each building. The trash and recycle collection area is provided in the parking garage. The overflow trash area may or may not be needed for the project. The applicant shall work with the garbage collection agency to determine the exact area required for this project. If the overflow trash area is required it shall be relocated to meet the minimum setback requirements. Also, the screen wall shall be consistent with the architecture of the building. c. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from view. Screening shall be designed as an integral part of the architecture (i.e., raised parapets and fully enclosed under roof) and landscaping. Mechanical equipment will be fully screened with raised parapet walls at the roof level. These have been integrated with building mass and tied in with the stair and elevator penthouses. d. Exterior lighting standards and fixtures shall be of a design and size consistent with safety, building architecture and adjacent area. Lighting shall be shielded, and restrained in design with no off -site glare spill over. Excessive brightness and brilliant colors shall not be used unless clearly demonstrated to be integral to building architecture. Site lighting has been laid out to provide exterior building lighting that is appropriate for the various uses. The retail plaza area will have a combination of pole mounted and face mounted lights that highlight the retail uses and provide pedestrian lighting. The project was also reviewed by the City's police department for Crime Prevention through Environmental Design (CPTED) issues. They recommended that a lighting plan be submitted as part of the building permit to insure that the proposed project provides adequate lighting levels. Q: \Conditional use permit \L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 14 04/22/05 CONCLUSIONS - DESIGN REVIEW Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 15 Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project 1. Site Planning: The site plan has been developed to emphasize the pedestrian link to Longacres Way and the adjacent rail station. The apartment structures all open onto a common deck level. This common plaza runs the length of the site from north to south and will allow pedestrian traffic between all buildings and the common facilities. Open space is also proposed to the north of the site. There is street level parking adjacent to Longacres Way. The bulk of the parking is located in a parking structure below the common plaza. Phase I will include a row of parking along the east of the proposed buildings that will be relocated to the west side as part of the phase II development. 2. Building Design: The main mixed use building fronting Longacres Way present a pedestrian plaza with retail shops on the street level, with five stories of apartments above. Extensive horizontal and vertical modulation is proposed to break up the huge mass of the buildings. Covered decks, building entry detailing and other features provide a variety of design for the overall project. Stucco and other siding material as well as color variation is used to further reduce the overall scale of the building. 3. Landscape and Site Treatment: Street improvements along Longacres Way include a sidewalk and street trees. Also, perimeter landscaping is proposed along the sidewalk. In addition the parking at the front of the retail areas will have planting islands. Also, trees will be incorporated into the plaza layout to shade outdoor tables. 4. Miscellaneous Structures: Mechanical equipment will be fully screened with raised parapet walls at the roof level. These have been integrated in to the building mass and tied in with the stair and elevator penthouses. The retail plaza area will have a combination of pole mounted and face mounted lights that highlight the retail uses and provide pedestrian lighting. The City's Police Department reviewed this project for CPTED issues and recommended that a lighting plan be reviewed for this project. Prior to the issuance of the building permit the applicant shall provide a lighting plan that shall be approved by the City's Police Department. Also, prior to the issuance of the building permit the overflow trash area enclosure shall be relocated to meet the minimum setback requirements of 10 feet from the property line and the screen wall shall be consistent with the architecture of the building. The applicant shall provide detailed specifications of the site furnishing including light fixtures and benches at the time of the building permit. Since the design of the signs is not been finalized yet, the design review of the signs will be done prior to issuance of the sign permit and the proposed signs shall be consistent with the architecture of the building. 04/22/05 RECOMMENDATIONS - DESIGN REVIEW Staff Report to the Planning Commission L05 -014 and L05 -015 Tukwila Station Mixed -Use Project Staff recommends approval of the Design Review application with the following conditions: 1. Prior to the issuance of the building permit the applicant shall provide a lighting plan that shall be approved by the City's Police Department. 2. Prior to the issuance of the building permit the overflow trash area enclosure shall be relocated to meet the minimum setback requirements of 10 feet from the property line and the screen wall shall be consistent with the architecture of the building. 3. The applicant shall provide detailed specifications of the site furnishing including light fixtures and benches at the time of the building permit. 4. The proposed signs shall be consistent with the architecture of the building. Q: \Conditional use permit\L05 -014- Tukwila Station mixed use- SR.doc Minnie Dhaliwal Page 16 04/22/05 STEVE LANCASTER, DIRECTOR DEPT OF COMMUNITY DEVELOPMENT CITY OF TUKWILA 6300 SOUTHCENTER BLVD, SU!TE 100 TUKWILA, WA 98188 Dear Mr. Lancaster. April 22, 2005 RE: File Nos. L05 -014 and L05 -015 The Union Pacific Railroad Company does not voluntarily support residential development on property contiguous to its operating right of way. It is our belief that such a proposed use adjacent to active rail operations is contrary to the objectives of public safety and the general welfare. The Railroad Company has long objected to uses that combine human occupancy or congregation near unprotected rail operations. These objections reflect a concern for public safety and impacts from among other things the generation of noise and vibrations from these operations. However, we are sensitive to local community growth and economic well being. In that regard, if the subject applications are approved, we would recommend the developer be required to build an eight foot high concrete block sound wall with adequate drainage vents along any boundaries that adjoin Railroad Company property and incorporate language in deeds for all sales in the development that are within 500 feet of the Railroad Company's property to include the following language; "Grantee acknowledges that a railroad is operated and will continue to be operated on the adjoining property, and recognizes that such operation will create noises and vibrations affecting the property. Grantee accepts the property subject to such noises and vibrations, and hereby covenants to release Railroad Company from all liability, cost and expenses resulting therefrom. This covenant shall run with the property, and shall be binding upon the successors and assigns of grantee." I am unable to attend your public meeting on April 28, 2005, but wanted the City to be aware of the Railroad's concerns. Thank you for keeping us informed as to adjoining developments. Lisa L. Burnside Senior Manager - Real Estate Real Estate UNION PACIFIC RAILROAD 1400 Douglas Street, Stop 1690 Omaha, Nebraska 68179 -1690 fx. (402) 501 -0340 . N lean ° 1 01 0 o n • td • to to T :II ��e s l N ° • C wv U O O -0 .b i n t p p c 0 r C s :r c 'S'O e nn + , t tJO. s /' O _, .. m L a 0 8 i° . E F o_ Y 4. ;_ 6 . 11 Z f1 � . O 04� - N . NO t 9 1 2 - •— O N m —�� Ou l D T ioo_1,• s i� A J N �T Ir4. C•4 x• n NItmJ1 JI ��r - : S a 0 *� ik 132•.16 \ \o Q '''‘ m i * 4 %: 9 5. ~n ° A SaD,� tA }; - �, . O 1 � t" C a r•'0 • O R f �5 • t3O.54 mI LE /I /• LC-34N 113.16 4'Y C. Otte • jJ - 237.37' ,5 C e9C 053 t E 7.41 -.Joe MEI % FOR RELINE. eY S TATE TO CITY of 7a Red ILA .4 .BOO 528 • N 7.41- 33•0 299. TUSP L98 -0007 r /O4. 94 R,24r8 .49 z48. bJII..^ II°Nu T1tY LLL Ll1T LlNitS 5EE 5EN10N OM 4040 /20•/9 /e3 • Nt- 07-.,36 "v. ( SEA BE LT L OfA' (P. S. S. R.R.co. Se. S. S. E. RRR WI L M if q� p 5 • 97 r 1 / ... - a 3 ( L O. RD. 1050/ 'p t.81 �� i �;jl .D.M t /6�MAN�,Niw/� Ll i7 et. t ( c -' * T e•r ? 93395 181 (N. v Nt✓%)� - — 5n97 • .4o -sew' }}, ,v /- t - -tO.✓ /76.35;44) 73.,5 99.98 a TU. SPI 91 -10 -SS 9211101676 0 m B , irf,t lqn `�1• I v S � ` NN - r ga .,- I u Q n n ;v 279. r4!, I IFIC RR. OR . t7 O ITDN 4 IC, 1 8.5799 O E. 8. N. I. j l • 040 I .I 1023 8.13 (,y/R I I Cl ose) . ;eel (PUSET SOUND SNORE' R. R. CO. SEA. L.N.) NJ•32 . 33E 3C4.42 A h — 137 — ir 2 NC 07 457. 0 • Minnie Dhaliwal - response2 001.tif Page 1 J 9 E . Jake Traffic Engineering, Inc . Mark J. Jacobs, P.E., PT.O.E. President 7731 8 Ave SW — Seattle, WA 98106 - 2007 Tel 206.762.1918 - Cell 206.1993692 - facsimile 206.162.1918 r a:ce.cf54@tacxu[.Ret Mr. Ken Kester PACIFIC COMMERCIAL CORPORATION PO Box 53405 Bellevue, WA 98015 Re: Tukwila Station - Tukwila Response to April 18 2005 Memorandum Dear Mr. Kester, April 19, 2005 I have prepared this response to a April 18 2005 Memorandum letter to Cyndy Knighton. Senior Transportation Engineer, City of Tukwila and Cyndy's April 18 Memorandum to Minnie Dhaliwai The Memorandum to Cyndy was prepared by Tom Noguchi of Mirai Transportation Planning and Engineering based on their review of my Tukwila Station Traffic Impact Analysis dated February 24 2005 and my Tukwila Station Response to March 18 2005 Memorandum dated March 28 2005. A copy of the Memorandum is attached. This letter responds to the City's comments. The City comments and our responses follow: 1. Trip Generation The trip generation used in the TIA and as discussed in my follow -up letter is reasonable. The revision to use the trip generation rates (per follow -up letter) ensured that an appropriate number of site trips were analyzed. The site is within walking distance of a Commuter Rail Station. ITE data identifies a 15% reduction in traffic for projects around Transit Centers and light Rail Stations. A Commuter Rail Station would provide similar trip reduction light Rail Station. The pass -by rate used in the analysis for the retail portion of the site was 34% based on national data. The trip generation of the retail portion of the site is projected at 28 PM peak hour trips (per March 28 2005 letter). The difference between a 10% and 34% pass -by trip rate is eight PM peak hour trips. 2. Trip Distribution ! have reviewed the model trip distribution data provided by Mirai Transportation Planning and Engineering. The Traffic Model and the one I derived based on existing traffic volumes are similar; the Traffic Model shows a 67/33 north south split where 1 believe it to be 60/40. The other distributions are within 5 %. Thus the distribution used is reasonable. • Minnie Dhaliwal - response2 001.tif Mr. Ken Kester PACIFIC COMMERCIAL CORPORATION April 19, 2005 Page -2- 3. Site Access JTE, Inc. The access is on a dead end street that basically serves the site and the Train Station parking lot Boeing's Longacres Office Park planning indicates that Longacres Way would provide access for about 390 PM peak hour trips. The access will be constructed per City criteria. The location of the railroad structures needs to be accounted for to ensure adequate sight lines are provided. We understand that the railroad bridge structure on the west side of the site ultimately will disappear when the railroad relocates to the east. Thus the proposed west driveway would need to be temporarily restricted to not allow a southbound left turn movement, not anticipated to occur anyway. The existing bridge structure obscures the outbound motorist's line of sight to the right. Turning right requires a motorist to see to the left that is not obstructed. The location of the eastern driveway needs to account for the bridge structure. Traffic speed in the area Is expected to be tame due to the dead end nature of the street, even with Longacres Office Park. Presuming a 25 MPH speed would require a minimum stopping sight distance of 155 feet This value is per Exhibit 9 -55 in A Policy on Geometric Design of Highways and Sireets. 2001. This document is by the American Association of State Highway and Transportation Professionals. A second criterion is entering sight distance. This criterion for a 25 MPH speed is 280 feet This criterion is mitigated do to the low speed, dead end and low traffic volume nature of the street Many agencies do not apply the ESD criterion to local access type streets. Meeting the stopping sight distance criteria of 155 feet at the eastern access driveway on Longacres Way is recommended. Providing 200 feet of SSD per Boeing's suggestion (based on posted speed + 5 MPH) is reasonable. 4. Agency Traffic Mitigation Requirements Reiterating, the Traffic Impact Fee identified in Tukwila Station Traffic ImpactAnalvsig is based on a site generating 107 net new PM peak hour trips. The trip generation could be less if the site converts to Senior Housing. Tweaking the trip generation (per March 28N, 2005 letter) to reflect the values derived using the trip generation equations would increase the amount of the required traffic impact fee to the City. The following table depicts the traffic impact fee for a site generating 135 PM peak hour trips. Page 2 Project cost per trip trips cost Interurban bridge $240.00 39 $9,360.00 Andover widening $220.00 0 $ S. 178th /SCP $190.00 0 S West Valley /Strander 5280.00 55 $15,400.00 E. Minkel $420.00 0 $ Minkler /APW $610.00 0 $ S. 178th $550.00 0 $ SCP south of 180th $2.300.00 0 $ Southcenter Blvd $2,300.00 0 $ E. Marginal $880.00 0 $ Klickitat $2,420.00 0 $ Total $ ;24.760.00___ Minnie Dhaliwal - response2 001.tif Mr. Ken Kester PACIFIC COMMERCIAL CORPORATION April 19, 2005 Page 3- JT2, habv. Traffic impact fee payments to City street improvements affected by less than 5 PM peak hour project generated trips are not required. The Interurban Bridge project and the West Valley at Strander projects appear done based on field review. Thus the City may no longer require payment toward these improvements. The trip distribution variation between the Traffic Model and that derived for the TIA based on existing traffic are consistent with each other. The trip distribution used in the TIA is appropriate. 5. Background Traffic and Level of Service at Longacres Way/West Valley Highway I have run an operational analysis at the Longacres WayWVH intersection adding 390 PM peak hour trips. These trips are related to an Office Park type use, thus -15% enter and 85% exit during the PM peak hour. The LOS analysis was done with both permitted and protected only southbound left turn phasing. The added left turn traffic due to Boeing may necessitate the phasing revision_ The intersection LOS with Boeing Longacres would be C with an average delay of -21 to 30 seconds depending on the phasing used. Summary and Conclusions This letter has responded to the April 18th, 1005 Memorandum. No material changes to the traffic operational analysis would result from the City comments. The trip generation used is reasonable, a modest increase in the traffic impact fee required results if the trip generation equations verse rates are used as noted in my March 28th, 2005 response letter. The traffic distribution used in the Traffic impact Analysis is consistent with the Traffic Model. The initial recommendation to construct the site in conformance to applicable City requirements is augmented to add, provide a minimum of 155 feet of stopping sight line at the eastern Page Minnie Dhaliwal - response2 001.tif Page 4 Mr. Ken Kester PACIFIC COMMERCIAL CORPORATION April 19, 2005 Page -4- driveway and a temporary turn movement restriction at the west driveway. Boeings request to provide 200 feet of stopping sight distance is reasonable. If you have any questions you can contact me at (206) 762.1978 or email me at la' 4 <rffic o., MJJ: mjj �oIPIREs 4/3/ I Very truly yours, Mark J. Jacobs, PE, PTOE, President Jake Traffic Engineering. Inc. DY.t9. JTE, Inc. April 1, 2005 Project No. KE05127A Pacific Commercial Properties, Inc. P.O. Box 53405 Bellevue, Washington 98015 Attention: Mr. Ken Kester Subject: " Preliminary Geotechnical Findings Tukwila Station Tukwila, Washington Reference: Associated Earth Sciences, Inc. November 15, 2000 Dear Mr. Kester: GeoEngineers, Inc. August 1990 Associated Earth Sciences, Inc. As requested, Associated Earth Sciences, Inc. (AESI) is pleased to present this summary of the preliminary findings of our on -going geotechnical investigation of the proposed Tukwila Station building site. Based on the results of our recent borings, which were extended to depths of 75 to 100 feet, we know that site soils consist of deep deposits of loose to medium dense, saturated, alluvial sediments consisting of sandy silts and fine to medium sands. Ground water is_located approximately 11 feet below existing grades. These conditions are generally consistent with the soil and ground water conditions encountered on adjacent sites, as discussed in the above referenced reports. Given the site soil conditions, heavily loaded foundations supported on conventional spread footings would be vulnerable to differential settlement and seismic liquefaction hazard. Therefore, we recommend that the proposed five -story retail /multi - family residential building and ground floor level parking area should be supported on a pile foundation. It has been our experience that the most efficient means of pile support within similar soil conditions would consist of augercast The augercast piles would gain the majority of their vertical load capacity from skin friction rather than end bearing. We anticipate the use of piles 18 to 24 inches in diameter extending to depths of 45 to 60 below existing grades. Individual pile load capacities would be on the order of 60 to 100 tons. The driveway and parking areas around the building will be constructed approximately two to three feet above existing grades. The addition of fill to the site will induce settlement within the underlying soils. To mitigate_these settlements, we recommend preloading/surcharging the site with approximately five feet of temporary fill soil. The surcharge fill would be left in place and 911 Fifth Avenue, Suite 100 • Kirkland, WA 98033 • Phone 425 827 -7701 • Fax 425 827 -5424 settlements monitored for a period of approximately 60 days, or until settlement rates reach acceptable levels. Some post surcharge long -term settlement should be expected and will require future maintenance of asphalt pavements, particularly at the connection with the pile supported ground level parking area. These preliminary recommendations will be subject to modification pending the completion of our current engineering analyses. We hope this information meets your current needs. Please call if you have any questions. Sincerely, ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington G. Aaron McMichael, P.E., P.E.G. Associate Engineer cc: Ms. Minnie Dihaliwial City of Tukwila Planning Department Mr. Bill Rutledge Rutledge Maul Architects Mr. Greg Diener Pacific Engineering Design, LLC 2 Letter of Transmittal Architecture & Planning rio, ma Rutledge Maul Architects, P.S., Inc. 19336 47 Ave N.E. Seattle, WA 98155 (206) 440 -0330 (206) 362-4381 FAX TO: City of Tukwila 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 -2544 We are sending you: Enclosed Copies Date No. Description 1 3 -04 -05 9 BAR application, written discussion of project, 8 checklist 1 3 -07 -05 4 CUP application, review criteria discussion, a checklist 1 3 -03 -05 2 Affidavit of Ownership 1 3 -07 -05 27 Architectural, Civil, a Landscape drawings (8 %z x11 x) 5 3 -07 -05 27 Architectural, Civil Et Landscape drawings (full size) 1 3 -07 -05 13 SEPA checklist 2 3 -07 -05 1 Mailing Labels 1 3 -07 -05 1 Technical Information Report 1 1 -10 -05 1 Site Survey 1 2 -10 -92 1 City of Renton 48" storm sewer improvement drawing 1 2 -14 -05 9 Title Report 4 2 -24 -05 1 Traffic Impact Analysis These are transmitted for...your use Remarks Date: March 9, 2005 Attention: Minnie Dhaliwal Project: Tukwila Station Re: CUP a BAR submittal Via: Hand delivered Job No. M0415 We are having two color perspectives of the project prepared and they will be completed next week some time. One view is from the southwest at Longacres Way showing the mixed use building, and the other will be from the northeast showing the buildings at the deck /plaza level. As soon as they are available we will submit five full size copies and one 8' /z size of each. Page 1 of 1 0415CU -1 Return Address: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 Document Title(s): Development Agreement City of Tukwila Agreement 08 -082, Council Approval 8 /18/08. Ref. Resolution #1667. Parties: Mastro Properties and the City of Tukwila Other: Last Name Company Name (if business) Address City q 11111111111111 liEFIAK0 First Name Initials State Zip Code Assessor's Property Tax Parcel/Account Numbers(s): 2423049137 Lo+ I , 2- C 4- � ; U KIAW ► I" ST) 4 L9 e_ ciao N be 2 DEVELOPMENT AGREEMENT FOR E DEVELOPMENT OF A PROPERTIES AND THE CITY OF TUKWILA MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between MASTRO PROPERTIES ("Developer") " and the CITY OF TUKWILA ( "City") is entered into pursuant to p er the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. The City previously entered into development agreement #06 -097 with Fountain Park, LLC ( "Fountain Park "), King County recording no. 20061120001126, for the development of a mixed -use, owner- occupied residential project in the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ("TUC"). It was contemplated that this development, commonly known as "Tukwila Townhomes," would be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006 by a prior developer. B. The Fountain Park development agreement also included a property exchange and a temporary easement provision to facilitate the "Strander Project." This project included the relocation of Union Pacific Railroad ( "UPRR ") right -of -way and track from its current location to a location adjacent to and west of the existing Burlington Northern right -of -way. It was agreed that upon UPRR's vacation of its current right -of -way to the City, the City would also convey a portion of the vacated right -of -way to Fountain Park. C. The City and Fountain Park completed the property exchange and the , only pending land exchange relates to 43 feet of the UPRR right -of -way. The condition for the expiration of the temporary easement has been met; therefore, the temporary easement has expired. D. The Tukwila Station development proposed by Fountain Park, however, wa was never built. A portion of the land transaction construction completed, of Fountain Park development did not exchange is pending. However since the the Fountain Park development agreement expired. E. The Developer subsequently acquired the Fountain Park property by deed in lieu of foreclosure since the Developer was the lender in the ountain Parkedevelopment agreement, proceed with the development as contemp lated which was for the development of a mixed -use, owner- occupied residential project with Page 1 of 7 C:\DOCUME -1 \Minnie\LOCALS - \Temp\xPGrp W ise\MastroDevAgr_ approximately 300 residential units and approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006, by a prior developer. This is agreeable to the City. F. As portions of the Fountain Park development agreement are no longer applicable and to clarify those portions that are still in effect, the parties have agreed to enter into this development agreement. G. A development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200). H. A public hearing for this development agreement was held on August 18, 2008, and the City Council approved this development agreement by Resolution #1667, passed on August 18, 2008. BASED ON THE FOREGOING, and because successful development will be of long term benefit to the City and Developer, the parties hereby agree as follows: III. AGREEMENT 3.1. The Property. The property is legally described in Exhibit A, attached hereto and incorporated herein by this reference, located at 7300 Longacres Way, Tukwila, WA, Assessor's property tax number 2423049137, ( "Property"). 3.2 Parties. A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" is a private enterprise which owns the Property in fee, and whose principal office is located as follows: Mastro Properties, 510 Rainier Avenue South, Seattle, WA 98144. 3.3 Effective Date. This Agreement shall become effective upon approval by the Tukwila City Council and execution by both Parties. 3.4 Termination of Previous Agreements. All previous development agreements entered into by the City related to this Property and/or the Tukwila Station development are terminated. This provision shall survive the expiration of this Agreement. 3.5 Vested Rights. Developer shall be vested to the following approvals for three years from the effective date of this Agreement: A. Design Review Approval granted by the City's Board of Architectural Review dated April 29, 2005. File Number L05 -015. Page 2 of 7 C ADOCUME -1 \Minnie \LOCALS --1 \Temp\XPGrpW ise\MastroDevAgr_2.doc B. Conditional use permit approved by the City's Planning Commission on April 29, 2005. File Number L05 -014. 3.6 Previously Agreed Upon Terms. A. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit B, attached hereto, the City shall convey to Developer for permanent parking purposes the Union Pacific Site. This conveyance shall be detailed in a formal conveyance document that will be executed at the time the City acquires the Union Pacific Site. As part of the conveyance, Developer shall provide the City with a bond or assigned saving account for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the City's conveyance of the Union Pacific Site. B. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Developer shall submit a bid to the City in conformance with the City's bid requirements for the purchase of this property. Developer's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. C. Developer shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works Director. D. The City is not responsible for procuring parking for Developer's development that was lost due to the termination of the Fountain Park temporary parking easement. E. This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 3.7 Termination. A. This Agreement may be terminated upon mutual agreement of the Parties. B. This Agreement shall terminate upon the abandonment of the development by Developer or if Developer does not construct the development as contemplated by the approval identified above. C. This Agreement shall terminate if Developer fails to submit complete development permit applications within one year from the effective date of this agreement. Page 3 of 7 C:\DOCUME --I \Minnie \LOCALS - l \Temp\XPGrp Wise\MastroDevAgr_2.doc IV. GENERAL PROVISIONS 4.1 Covenants Running With the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 4.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 4.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 4.4 Applicable LawNenue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 4.5 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 -day cure period, or (b) the conclusion of any dispute resolution process. 4.6 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Page 4 of 7 C ADOCUM E--1 \Minnie \LOCALS -1 \Temp\xPGrp Wise\M astroDevAgr.doc 4.7 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 4.8 Entire Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 4.9 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 4.10 Recording. The Tukwila City Clerk shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after all parties have signed the agreement. 4.11 Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 4.12 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. 4.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Page 5 of 7 CAD000ME - 1\Minnie \LOCALS --1\ Temp \XPGrpWise\MastroDevAgr_2.doc IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and the City of Tukwila. MASTRO PROPERTIES Date: Its: STATE OF WASHINGTON ) ) ss: COUNTY OF KING Page 6 of 7 C A\DOCUM E -1 \Minnie \LOCALS -1 \Temp\xPGrp Wise\MastroDevAgr_2.doc CITY OF TUKWILA Date: 9 -q_DF By: •• 4 0 - f r aggerto ►rr� Approved as to Form: Shelley Kerslake, City Attorney 2 — day of V C ' 2008, before me personally appeared tat rL; J1 , , in (his/her capacity as rte W of Mastro Properties, a , I � , who executed the within and foregoing instrument, ��,J�', , ,�,� . � and acknowledg =s th said instrum t to be a free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. tawiti Printed Name: NOTARY PUBLIC in and for the State of Washington Residing ettil My commission expires: .PROPOSED AREA TO BE • • • ABANDONED BY UNION • PACIFIC RAILROAD AND. • ACQUIRED BY FOUNTAIN PARK • • ( 59,180 S.F. • • �L- LINE_NE]V Y' M AaER • i C. SEC 24 • R.4E, W.M. •. AS • BUILT TRACK l.L., auti:4^.CoLo4 PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILRBAn AND ACQUIRED BY MAtTRO PROPERTIES • 100 200 SCALE: • . tea. 1 • 12142: 1 till 4 1 SO; 158TH 5T. 1 • � 1 Q 0 EXIST. 100 U.P.R/R RIGHT OF WAY • • • • • •`° r • /50 z oe v Mial 1 csi 1 .1 in 1 501 501 AS BUILT €. TRACKS ioTidACRFS I �Z t� to . A WAY PREPARED 9Y: EASTSIDE CONSULTANTS, INC MONUMENTED € • I 415 RAINIER BLVD. N. SO. 158TH ST ISSAOUAH, WA. 98027 EXTENDED 1 PH :(4253392 -5351 LEGAL DESCRIPTION LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. AND THE EAST 43.00 FEET OF THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) EXCEPT THE EAST 100.00 FEET OF ALL OF THE ABOVE. THE ABOVE DESCRIBED PARCEL CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE N66 23'08 "E ALONG THE NORTH LINE THEREOF 25.89 FEET TO POINT ON A CURVE WHOSE RADIUS POINT BEARS 56728'24 "W A DISTANCE OF 1735.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 18'27'07" AN ARC LENGTH OF 558.75 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, HAVING A RADIUS OF 2328.49 FEET THROUGH A CENTRAL ANGLE OF 06'11'57", AN ARC LENGTH OF 251.93 FEET; THENCE SO2'07'28 "W ALONG A LINE WHICH IS PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 555.03 FEET TO THE CENTERLINE OF LONGACRES WAY; THENCE S87'07'47 "W ALONG SAID CENTERLINE 239.32 FEET TO THE CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE NO3'37'43 "E ALONG SAID CENTERLINE 969.09 FEET; TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3730.49 FEET THROUGH A CENTRAL ANGLE OF 02'44'10 ", AN ARC LENGTH OF 178.14 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1878.02 FEET THROUGH A CENTRAL ANGLE OF 06'44'42 ", AN ARC LENGTH OF 221.08 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE N6623'08 "E ALONG SAID RIGHT OF WAY MARGIN 45.10 FEET TO A POINT ON A CURVE WHOSE RADIUS POINT BEARS S83'44'15"W A DISTANCE OF 1921.02 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01'02'03 ", AN ARC LENGTH OF 34.67 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. CONTAINING AN AREA OF 262,050 SQUARE FEET MORE OR LESS. Exhibit A TUKWILA TOWNHOMES PROJECT NO.: 08006 DRAWN BY: CAB ISSUE DATE: 07 -23-08 EXHIBIT 1 PAGE 1 OF 1 EXHIBIT 'A' P acific Engineering Design, LLC Civil Engineering and Planning Consultants 15445 53RD AVE. S., SEATTLE, WA 98188 PHONE: (206) 431 -7970 FAX: (206) 388 -1648 WEB SITE: PACENG.COM O8OO6EX -A LEGAL DESCRP.DWG PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED B Y MASTRO PROPERTIES THE EAST 43.d0 FEET OF THE FOLLOWING DESCRIBED PARCEL: THA PORTION OF. THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE ;SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. , IN COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF • LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER _ 1. (INTERSTATE 405) • CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. EXPIRES : MAY 22 2005 EXHIBIT B1 S LINE COPT .LOT g , C 48' SEC 24. T:23N.. R.4E W.M. • • • AS BUILT TRACK • -- ULEHEA! Y oth • IIOIIBIT B2 PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAn AND ACQUIRED BY MA.STRO PROPERTIES PROPOSED AREA TO BE • ABANDONED BY UNION • • ' PACIFIC RAILROAD AND • • • ' ACQUIRED BY FOUNTAIN. • • • PARK LL-C... • (59.180 S.F. ' .L. (O2 L!.u...._ Q • 100 200 SCALE: 1%400' • it! 04 • .• (rI 158TH Si: -- —�- - 5 t A 144 P . • • SIP . 1 z 57. 3, . rs • r:• VI • • ter' • )„ � , L. , ._ • EOST. 100' U.P R/R RICHT OF WAr • Y • E • ►- . 5 0 50 . \ • 1 i M fONGACRES ' WAY ONUMENTED • I SO. 758711 ST EXTENDED I W. ti •I ts • C.1 a. J k m • I 50 501 • • AS BUILT q. TRACKS 1 (CA PREPARED BY EASTSIDE CONSULTANTS, INC 415 RAINIER BLVD, N. ISSAOUAH, WA. 98027 PH: (4253392 -5351 STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) ,, / On this 7 day of /� o v&• e 2006, before me personally appeared Hyun J. Urn, the Member of Fountain Park LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1n , � A's at PUBLIC • . ' . STATE OF WAS1GTON ) COUNTY OF KING ) On this ' ' day of Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. ss: day and year first above written. C1s ) 24i A. S / i, �,, ^ = �0 JJ i � II OF \w p, \■ �•. G: \City Attomey \PETER \Planning \Tukwila Station DA 7- 13.doc Printed Name: 1 {ii. rnf L LJ ex( !Z NOTARY PUBLIC in and for the State of Washington Residing at: 14 av Al 4 My commission expires: 3-30-0 2006, before me personally appeared IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. the . 1.1.-6:4 Pr s i ted Name: JAIL /Aft(/ / S 14W 7` 4 NOTARY PUBLIC in and for the State of Washington( .4 Residing at: `14f ?.i, ,4 '�( -1� My commission expires: ? -A. 9- / 0 Page 9 of 9 19 P. G, OSED PROPERTYEXHI3IT CITY OF TU C /ILA TO FO O.UIJT41•,N PARK LLC. PROPERTIES • • r ! INC. • ��.4° �QR • • PROPOSED AREA TO lt BE DEEDED FROM. • THE CITY OF .;i1K,71a, TO FoularA PARK • ±36,590' S.F. • 100 200 SCALE: ' 1" =200• . • 4 a 1ZI I 0 0. �Wl y SO. I58T T. 1 - 1 1 1 1 • AS BUILT €' TRACKS, J 1,:c • . I � j I V 4 I I II Q �V 1 I � 1 LI I � I 57' 4,] L ti 20 Exhibit A • — --1 I LONGACRES WAY MONUMENTED C SO. 158TH ST EXTENDED ■ • 50' S0l AS BUILT 'TRACKS • PREPARED 8Y: EASTSIDE CONSULTANTS, INC. 415 RAINIER 8L YD. N. ISSAOUAN, WA. 98027 PI-4:(4251.392-5.2'51 EXPIRES 'a.�...�...� MA?: 22 ; 2005 • AS • .BUILT € TRACKS I '. It Ind I S. N I LOT D_C 6 a C. 24, T. 2. • 100. 200 • SCALE 1" • a �i JI I i _.J L �� SO. 158TH ST. --,-- 2 PROPOSED PROPERTY EXHIBIT A-0 UN TA / P•4 K - LLC TO CI TY OF TUftyyJ C 5 : SSA 1 •1 • • ..- 1 -- LOAdGAC.g i MONUMEN TED 50. 158T1i ST 1 EXTENDED 1 1 -A S BUILT € TRACKS 1..PR0POSED AREA TO .8E DEEDED' FROM . .4 rd'UNTA /N - ro 711E "ciTi- of . TUKWILA ±103.525 S F • • P.RE°.4RED 3Y :: EA S TSIDE CONSUL TAN TS. INC. 4 1 5 RAINIER BLVD. N. ISSAOUAN, WA. 98027 PH: (= 25]392 - 5351 PROPOSED LEGAL DESCRIPTION CITY OF TUK WILA . TO FOUNTAIN PArPK L LC' . PROPERT PROPERTIES, IBS, IC. - N LOT • 1 OF CITY OF TUKWILA SHORT PLAT NO. L98- 0007 AS FILED UNDER KING COUNTY RECORDING. NUMBER 9 803.129013, RECORDS OF'KING COUNTY, WASHINGTON: . • • . • • EXCEPT THE EAST 100.00 FEET THEREOF. CONTAINING AN AREA OF 3;590 .SQUARE FEET MORE OR_ LESS. . it 21 • • • • PROPOSED LEGAL DESCRIPTION .F OUNT,9 /A/ PARK L L C TO CITY p F T WON/ LA .. •THE EAST 100.00 FEET OF LO 2 OF CITY OF TUKWILA L98 -0007 AS FILED UNDER K1NG COUNTY RECO S UMBE . • 9803129013,. RECORDS OF.KING COUNTY, WASHINGTON UMBER .TOGETHER WITH THE EAST 100.00 FEET OFT. DESCRIBED PARCEL: HE FOLLOWING. THAT PORTION OF THE j HEIVfZ?� . • . OF SECTION 24, TOWNSNIP,23 NORTH, RANGE 4 EAST, W.M.,�OIV :CLAl11i1 NO: 1N KING ':. COUNTY, WAS NINGI"ON,- •L.yING WEST OF 46 AND �.� RAILROAD RIGHT -OF WAY, ..EAST OF THE U NION PACIFIC I RA ILROAD ROAD RN RIGHT - -OF -WAY, AND SOUTH DFA LINE 137 FEET S UTH RA . • LINE OF SAID DONATION CLAIM AND NORTH OF • T H CE T T . WA: . • • • • NTER/NE OF • • CONTAINING AN AREA OF 103,525 SQUARE , M DRE OR LESS. • 73 • • • 100 • SCALE l' ..1 • PROPOSED EASEMENT OEscRippoisi CITY OF TLIKWILA TO FOUNTA/N PA?AZ ,GtoiN 0 • e I L. I tj • • fra ct. • AS BUILT €.TRAda-1----1 ri I 1•••• • I Ow . • Ao I 7 I I Q I I 170 t) I Is_ I I ;PROPOSED 30' ... i EASEMENT U91 • ,.. 1 • • , • I . LONGACRES WAY 0.40NUMENTED SO. 158TH ST EXTENDED Exhibit C 1 1 5Q 501 • • • • • • • • • • • • • • 4 40. • • • • • • • • $ • • - • 141 • • • • • • • • • • . • • • • 0 • ■Ni • • • . • • • C*1 • 4 P . * • • 0 4 1 • • 0 .1 • • • p • A • 0 4 • 1• • 4 • • • • • • • • • 100.00' 70.00' rC , Ims s . G)-4- • •Sli • • gC CI OA; 6 • • S 4 1 LAO EXPIRES : MAY 22 2007 .............. 1 :0 • 1, • AS BUILT TRACKS I . • • . • I N. !Jive HENRY A- _ MEAOILT D.C. 45 M. g LTN? ffoTerLor a SEC 24, F.23N.. R.4E, . . • PREPARED BY: ' EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: 1425P92-5351 PROPOSED. PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY R?UNTA /N PARK LLC, • t A t 1t . � P PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY FOUNT,, / N PA>ek �-LG (59 S.F. 0 - 100 200 l�L1NE_HEN r - M ADER O C. 46 SEE 24,T 2 N R 4E , ryly AS 'BUILT TRACKS ist: ::::n;);:O •C SCALE 1 .2Q0' !RI (� 4 SO. 158TH Si. tile R. R 5 C� . •• 41► Mg ∎ • 4 a ► Q 1 0 . 1. - • . /... ►••• • • O �•�4 ii I P+ ••• '• •• •• 64 • •• ••. EXIST. IOW • U.P.R/R RICHT 2 , ts4 I. OF WAY • • 14 •• • . t • 1 • • • • ad ►iii LUI • 57' • • y • • f. • t . .17" /• Exhibit D 0 p LowGAe�aes WAY 50. 158TH ST I EXTENDED re a •I I A l a tal 44 1 al 5015 1 I AS BUILT € TRACKS !t4' . v'r'asti'•�i EXPIRES : MAY 22 2005 • PREPARED BY: EASTSIDE CONSULTANTS, INC. 415 RAINIER . BLVD. N. ISSAQUAH, WA. 98027 PH: 4251392 -5351 PROPOSED . EASEMENT DESCRIPTION CITY OF . TUKWILA TO 'FOUNTA /N PAR,* L L G THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING . • .. COUNTY RECORDING NUMBER 9803129013, RECORDS .OF KING COUNTY, • • WASHINGTON. • .. : • - • '' . TOGETHER . WITH . THE WEST 30 FEET OF. THE EAST 100.00 FEET. OF THE FOLLOWING DESCRIBED PARCEL : THAT PORTION OF THE HENRY MENDER DONATION: CLAIM NO 48. AND . OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, • W.M., IN KING • COUNTY; WASHINGTON, LYING WEST OF THE BURLINGTON . NORTHERN 'RAILROAD RIGHT-OF-WAY, EAST OF.THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH • • LINE OF SAID DONATION. CLAI M AND NORTH OF. THE CENTERLINE OF . • LONGACRES WAY.' • . . • • , • • 25 (Ti I 11 r -1 .� -o a _ • . s ,, .l > .ffi X ' / 7 , % // , / / // // �� � r-‹ fril / , BURLINGTON NORTHERN. RJR . -�— �`'' o al (NORTHERN PACIFIC) _ "{ • �� Z • :�: m Ul Z v 025 C •>•g C) Z . m N i 'O .N PI:. • 1 cN PL.. I n & L. O -O UNION PACIFIC RJR • • • (CHICAGO, MILWAAUKEE & ST. PAUL) . • • 57 PROPOSED LEGAL. DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY F-ib UNTA/ A PA gl< L L(_ THE EAS 7" 43. do FEET OF THE FOLLOWING DESCRIBED PARCEL THAT PORTION OF THE 100 FOOT WIDE UNION PAalF1C RAILROAD RIGHT OF WAY (A.(A. CHICAGO MILWAUKEE ST..PAUL AMD PACIFIC RAILROAD) LOCATED IN THEAOUTHWEST QUARTER OF SECTION .24, • TOWNSHIP 23 NORTH,' RANGE 4 EAST,.WM., IN KiN0 COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STA TE HIGHWAY NUMBER 1 (INTERSTATE 405) . CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. • . I .• , • • • • 4, 4 '41 Lou EXPIRES :.14.41■Y 22 2005 (71 Coc 09, a.ee o ?) t 2' (o' . S t (o(v DEVELOPMENT AGREEMENT BETWEEN MASTRO PRO PERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between MASTRO PROPERTIES ( "Developer ") and the CITY OF TUKWILA ( "City") is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. The City previously entered into development agreement #06 -097 with Fountain Park, LLC ( "Fountain Park "), King County recording no. 20061120001126, for the development of a mixed -use, owner- occupied residential project in the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). It was contemplated that this development, commonly known as "Tukwila Townhomes," would be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006 by a prior developer. B. The Fountain Park development agreement also included a property exchange and a temporary easement provision to facilitate the "Strander Project." This project included the relocation of Union Pacific Railroad ( "UPRR ") right -of -way and track from its current location to a location adjacent to and west of the existing Burlington Northern right -of -way. It was agreed that upon UPRR's vacation of its current right -of -way to the City, the City would also convey a portion of the vacated right -of -way to Fountain Park. C. The City and Fountain Park completed the property exchange and the only pending land exchange relates to 43 feet of the UPRR right -of -way. The condition for the expiration of the temporary easement has been met; therefore, the temporary easement has expired. D. The Tukwila Station development proposed by Fountain Park, however, was never built. A portion of the land transaction was completed, and 43 feet of UPRR right -of -way exchange is pending. However since the construction of Fountain Park development did not commence, the Fountain Park development agreement expired. E. The Developer subsequently acquired the Fountain Park property by deed in lieu of foreclosure since the Developer was the lender to Fountain Park. The Developer would like to proceed with the development as contemplated in the Fountain Park development agreement, which was for the development of a mixed -use, owner - occupied residential project with Page 1 of 7 C:\DOCUM E -1 \Minnie \LOCALS —I \ Temp \XPGrpWise\MastroDevAgr_2.doc approximately 300 residential units and approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006, by a prior developer. This is agreeable to the City. F. As portions of the Fountain Park development agreement are no longer applicable and to clarify those portions that are still in effect, the parties have agreed to enter into this development agreement. G. A development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200). H. A public hearing for this development agreement was held on August 18, 2008, and the City Council approved this development agreement by Resolution #1667, passed on August 18, 2008. BASED ON THE FOREGOING, and because successful development will be of long term benefit to the City and Developer, the parties hereby agree as follows: III. AGREEMENT 3.1. The Property. The property is legally described in Exhibit A, attached hereto and incorporated herein by this reference, located at 7300 Longacres Way, Tukwila, WA, Assessor's property tax number 2423049137, ( "Property"). 3.2 Parties. A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" is a private enterprise which owns the Property in fee, and whose principal office is located as follows: Mastro Properties, 510 Rainier Avenue South, Seattle, WA 98144. 3.3 Effective Date. This Agreement shall become effective upon approval by the Tukwila City Council and execution by both Parties. 3.4 Termination of Previous Agreements. All previous development agreements entered into by the City related to this Property and/or the Tukwila Station development are terminated. This provision shall survive the expiration of this Agreement. 3.5 Vested Rights. Developer shall be vested to the following approvals for three years from the effective date of this Agreement: A. Design Review Approval granted by the City's Board of Architectural Review dated April 29, 2005. File Number L05 -015. Page 2 of 7 C:\DOCUME -4 \Minnie\LOCALS -1 \Temp\XPGp Wise\MastroDevAgr_2.doc B. Conditional use permit approved by the City's Planning Commission on April 29, 2005. File Number L05 -014. 3.6 Previously Agreed Upon Terms. A. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit B, attached hereto, the City shall convey to Developer for permanent parking purposes the Union Pacific Site. This conveyance shall be detailed in a formal conveyance document that will be executed at the time the City acquires the Union Pacific Site. As part of the conveyance, Developer shall provide the City with a bond or assigned saving account for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the City's conveyance of the Union Pacific Site. B. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Developer shall submit a bid to the City in conformance with the City's bid requirements for the purchase of this property. Developer's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. C. Developer shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works Director. D. The City is not responsible for procuring parking for Developer's development that was lost due to the termination of the Fountain Park temporary parking easement. E. This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 3.7 Termination. A. This Agreement may be terminated upon mutual agreement of the Parties. B. This Agreement shall terminate upon the abandonment of the development by Developer or if Developer does not construct the development as contemplated by the approval identified above. C. This Agreement shall terminate if Developer fails to submit complete development permit applications within one year from the effective date of this agreement. Page 3 of 7 C:\DOCUME -1 \Minnie \LOCALS --1 \ Temp \XPGrpWise\MastroDevAgr_2.doc IV. GENERAL PROVISIONS 4.1 Covenants Running With the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 4.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 4.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 4.4 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 4.5 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 -day cure period, or (b) the conclusion of any dispute resolution process. 4.6 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Page 4 of 7 C:\DOCUME -1 \Minnie \LOCALS --1 \Temp\XPGrpWise\MastroDevAgr.doc 4.7 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 4.8 Entire Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 4.9 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 4.10 Recording. The Tukwila City Clerk shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after all parties have signed the agreement. 4.11 Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 4.12 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. 4.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Page 5 of 7 C: \DOCUME -1 \Minnie \LOCALS -1 \Temp\XPGrpWise\MastroDevAgr_2.doc IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and the City of Tukwila. MASTRO PRO ' ERTIES Date: By: \ q- I ZA--Q By: Its: Jim gerton, STATE OF WASHINGTON ) ) ss: COUNTY OF KING On vt�cGi.� Kam: day of , in (hi capacity as Page 6 of 7 C:\DOCUME -1 \Minnie \LOCALS --1 \Temp\XPGrp Wise\MastroDevAgr_2.doc CITY OF TUKWILA Date: 01_14_,,,78 pproved as to Form: r Shelley Kerslake, City Attorney 2008, before me personally appeared of Mastro Properties, a , who executed the within and foregoing instrument, and acknowledge the aid instrument to be a free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (mark/ / A / i / Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: STATE OF WASHINGTON ) COUNTY OF KING ) G `J,i \1N \ \11t11f i 07 ��4 t4f, 41)-8.0-cr 9 ; s s s r � s h � ll ll a .0 �' A2 A +r� WASH ss: On this 1 day of tern bPcs 2008, before me personally appeared Jim Haggerton, known to me to be the M ayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Page 7 of 7 C:\DOCUME -1 \Minnie \LOCALS -1\ Temp \XPGrpWise\MastroDevAgr_2.doc Printed Name: " L -,STci rn - 7"r1a kQit NOTARY PUBLIC in Ind for the State of Washington Residing at: —5 ,-n n -e r My commission expires: 7 -9 -J4_ BACKGROUND City of Tukwila Department of Community Development Jack Pace, Director INFORMATION MEMORANDUM To: Mayor Haggerton Community Affairs and P s Committee FROM: Jack Pace, DCD Director DATE: July 24, 2008 SUBJECT: Development Agreement ith Mastro Properties for a multi - family condominium project ISSUE Renew and update the City's previous Development Agreement with Fountain Park LLC (Prium Companies) with the new owner (Mastro Properties). The City previously entered into a Development Agreement with Fountain Park LLC in 2006 for the development of approximately 300 unit mixed use residential development with about 5000 sq. ft. of retail space at the property located just south of I -405 between the Union Pacific Railroad and the Burlington Northern Railroad tracks and north of Longacres Way. This development agreement also included a property exchange component to facilitate the Strander extension project and Union Pacific Railroad relocation (UPRR). The City and Fountain Park completed the property exchange and the only pending land exchange relates to 43 feet of UPRR right -of -way. This will happen after the railroad is relocated and the City acquires title to the property. The actions that have already been completed have been removed from the new draft agreement with Mastro Properties. ANALYSIS Mastro Properties acquired the Fountain Park property by deed in lieu of foreclosure since they were lenders to Fountain Park. Mastro Properties would like to proceed with the development as contemplated in the Fountain Park development agreement. However the Fountain Park Agreement has expired since the project was never built. Also, the land use approvals (Conditional Use Permit and Design Review) have expired. This new agreement with Mastro Properties would extend the land use approvals and allow Mastro Properties to apply for building permits for the construction of the previously approved project. Mastro Properties has stated they would like to build the same the project MD Page 1 Q: \Conditional use permit \Tukwila Station mixed use- Development Agreement- CAP memo.DOC �.�.. " .s_ ___.__ n___,__._ -_f (` -.:a -. 111/1/1 Jim Haggerton, Mayor 07 -24 -08 0211212 • Phnno• 21M -i1 1.2h7n a Fe y- 2n5- 4.31- .3tihS 4 previously approved, which is approximately 300 condominium units and 5000 sq. ft. of retail space. Mastro Properties is also working with City of Renton and has offered to build the berm for the new UPRR tracks. RECOMMENDATION Forward the Development Agreement between the City and Mastro Properties to Committee of the Whole meeting on August 11. ATTACHMENTS: A. Development Agreement with Mastro Properties B. 2006 Development Agreement with Fountain Park C. Design schematics for the previously approved project. MD Page 2 Q: \Conditional use permit \Tukwila Station mixed use- Development Agreement- CAP memo.DOC 01 -23 -08 LOU LARSEN Project Manager PACIFIC ENGINEERING DESIGN, LL CIVIL ENGINEERING AND PLANNING CONSULTANTS Attendees: Jack Pace — City of Tukwila John Mastandrea — Mastro Properties Greg Diener — Pacific Engineering Lou Larsen — Pacific Engineering 15445 53RD AVENUE SOUTH, SUITE SEATTLE, 425 251-891 8 FAX 206 3 IlarSefl©P e-164E3 PHONE 206 431 -7970 6EI -1 646 Meeting Agenda for Tukwila Townhomes City of Tukwila July 1, 2008 SEPA and site plan approval are vested per the agreement. this project. 510 Rainier Ave South Seattle, WA 98144 206. 323.5393 Fax 206- 323.6980 Cell 2 06 - 276.7124 john@mrmastro.corn Discuss Developer Agreement between Mastro - Tukwila. Term of agreement is 10 years concurrent with the land. An application for a Clear and Grade Permit was made to the city in July of 2006, and application for a Foundation Permit was made in August 2006, and an application for a Flood Control Zone Permit was made in August of 2006. Discuss resubmitting plans to City of Tukwiia for Clearing and Grading. Discuss timing for starting berm work. Discuss Mastro - Renton Agreement and how Tukwila can help facilitate. Review Railroad Berm Work and how it relates to both Renton, Tukwila and x;V/ 7300 Longacres Way, Tukwila, Wa Income Approach Summary Rental Income 07/16/07 No Units Unit %of Total Average Area Total Sf Average Rent Average Rate /SF Monthly Total Annual Total Type 84 a 101' If*" 109 Studio / 1 Ba 1 Br / 1 Ba 2 Br/ 1 Ba 29% 34% 37% 643 856 1266 .:54.01N 86,456r 137,994, 950 1,050 1,125 1.48 1.23 0.89 $ 79,800 $ 106,050 $ 122,625 $ 957,600 $ 1,272,800 $ 1,471.500 294_ 100% 947 278,462 1,049 $ 1.11 $ 308,475 $ 3,701,700 income Apartment Rental Income $ 3,701,700 Extra Parking $0 per unit per month stalls - Water/Sewer/Garbage $45 per unit per month 158,760 Gross Scheduled Income 3,860,460 Upgrade Units $0 per unit per month 0 units - Forfeitures & Misc $25 per unit per month 88,200 Scheduled Rental Income - Apartments 3,948,660 Retail /Commercial 5,043 square feet 16.00 rent/sq. ftJyr 80,688 4,029,348 Less Vacancy /Credit Loss 5% (201,467) Effective Gross income (EGI) Residential $ 3,827,881 Operating Expenses - Apartments $ /Sf $ /Unit Total Property Taxes 1.22 $ 1,153 338.982 Insurance 0.27 258 $ 75,852 Subtotal $ 1.49 $ 1,411 $ 414,834 Variable Expenses %of EGI Administrative $ 0.17 158 46,452 Professional Management 2% $ 0.22 205 60,270 Marketing $ 0.33 311 $ 91,434 Misc $ 0.10 90 $ 28,460 Payroll $ 0.71 676 $ 198.744 Utilities $ 0.66 628 $ 184,632 Maintenance $ 0.59 580 $ 164.640 Elevator $ 0.15 138 $ 40,572 Subtotal $ 2.75 2,608 $ 813,204 Replacement Reserves 2% $ 0.24 232 68.208 Grand Total All Expenses $ 4.49 4,251 $ 1,296,246 $ (1,296,246) $ 2,531,635 46,029,727 Net Operating Income Cap Rate 5.50% Indicated Apartment Value $ 153,900 Per unit S 162 per SF $ 46,030,000 M.R. Mastro Properties 510 Rainier Ave South Seattle, Washington 98144 (206) 323-5393/Fax (206)323-6980 Tukwila Station DEVELOPMENT AGREEMENT BETWEEN FOUNTAIN PARK LLC AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT This DEVELOPMENT AGREEMENT ( "Agreement ") between Fountain Park LLC, a wholly owned entity of Prium Companies LLC ( "Fountain Park ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. 2006. I. PREAMBLE II. RECITALS G' G - CJ 97 N p r o ,, , -)�() k CI Eco,,l r 1, 9 -0 h A. Fountain Park has a contract for purchase and sale dated March 8, 2006, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B. Fountain Park intends to close on the above - referenced sale on or before October 7, C. Fountain Park desires to develop this property for a mixed -use owner occupied residential project to be constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005 by a prior developer. D. Land uses within the TUC were adopted prior to the presence of the Commuter Rail /Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. E. The City issued a threshold determination dated April 22, 2005, and approved a conditional use and design review on April 29, 2005. These approvals shall be honored by the City and run with the ownership of the property. The City has further determined that this development meets the City's concurrency standards and that impact fees shall be due at the time of permit issuance. F. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its G: \City Attomey\PETER\Planning \Tukwila Station DA 7- 13.doc Page 1 of 9 current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by Fountain Park. G. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. H. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. I. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. J. To provide certainty and efficiency to Fountain Park and the City with respect to the development of this property, to encourage mixed -use owner occupied residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and Fountain Park, Tukwila and Fountain Park hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of Fountain Park's ownership of the subject property not later , than October 7, 2006; provided, however, that the Mayor in his sole discretion may extend this deadline to November 7, 2006, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. 2.1 Fountain Park shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "Fountain Park Portion ") attached hereto. 2.2 In exchange, Tukwila shall convey by statutory warranty deed to Fountain Park a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. G: \City Attomey\PETER \Planning \Tukwila Station DA 7- 13.doc Page 2 of 9 2.3 Fountain Park will retain a temporary easement for parking purposes on the Fountain Park Portion, in a form substantially similar to the attached Exhibit "C" ( "Fountain Park Easement "). In utilizing the Fountain Park Easement, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.3.1. Indemnity. Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.3.2. Insurance. 2.3.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Fountain Park Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Fountain Park Easement. 2.3.2(ii). Certificates of coverage as required by Paragraph 2.3.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Fountain Park Easement. 2.4 Upon commencement of the Strander Project and any associated relocation of the UPRR tracks, the Fountain Park Easement identified in paragraph 2.3 shall terminate and be extinguished. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit "D" attached hereto, the City shall convey to Fountain Park for permanent parking purposes the Union Pacific Site. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the Union Pacific Site. As part of the Property Exchange Agreement, Fountain Park shall provide the City with a bond for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the execution of the Property Exchange Agreement. 2.4.1. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Fountain Park shall submit a bid to the City in conformance with the City's bid requirements for G: \City Attomey\PETER\Planning \Tukwila Station DA 7- 13.doc Page 3 of 9 the purchase of this property. Fountain Park's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. 2.5 The City shall exercise its best efforts to provide 180 days advance written notice to Fountain Park of the termination and extinguishment of the Fountain Park Easement. The City shall not be responsible for procuring interim parking for Fountain Park's development during the associated relocation of the UPRR right -of -way. 2.6 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.7 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in1 Exhibit "E" attached hereto, for Fountain Park's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.7.1. Indemnity. Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.7.2. Insurance. 2.7.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Staging Area. 2.7.2(ii). Certificates of coverage as required by Paragraph 2.7.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Staging Area. 2.8 Fountain Park shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of Fountain Park's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. G: \City Attomey \PETER \Planning \Tukwila Station DA 7- 13.doc Page 4 of 9 2.9 Fountain Park shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.10 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.11 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.12 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.13 Fountain Park's development shall be consistent with the approvals granted by the City's Planning Commission and Board of Architectural Review dated April 2005. The conditional use permit approved by the City on April 29, 2005, is renewed. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Fountain Park and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 3.4 Termination. 3.4.1 This Agreement may be terminated upon mutual agreement of the Parties. 3.4.2 This Agreement shall terminate upon the abandonment of the development by Fountain Park. Fountain Park shall be deemed to have abandoned the development if Fountain Park fails to take title to the property and /or fails to submit development applications before October 7, 2006. G: \City Attorney \PETER \Planning \Tukwila Station DA 7- 13.doc Page 5 of 9 3.4.3 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.13 of this Agreement, and submits applications for development that are inconsistent with such approvals. 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding, an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. G: \City Attomey \PETER \Planning \Tukwila Station DA 7- 13.doc Page 6 of 9 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of eight (8) pages, one (1) notary acknowledgement page, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Fountain Park and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 3.13 Recording. Fountain Park shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, Fountain Park represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 3.16 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. FOUNTAIN PARK LLC By: G: \City Attorney \PETER \Planning \Tukwila Station DA 7- 13.doc CITY OF TUKWILA Page 7 of 9 By: Steve Mullet, Mayor 3: \City Attorney \PETER\Planning \Tukwila Station DA 7- 13.doc Page 8 of 9 Approved as to Form: Shelley Kerslake, City Attorney STATE OF WASHINGTON ) COUNTY OF KING ) On this 7" day of Vo ✓ A- 3 et- 2006, before me personally appeared Hyun J. Urn, the Member of Fountain Park LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .` p ps NOTARy rtri PUBLIC c : '• vaa�ia��� a `� aV' ,�� STATE OF WASHI ) ) ss: COUNTY OF KING On this '7 day of ss: Printed Name: 671-1.4ee'nr iz H PUBLIC in and for the State of Washington Residing at: I .-U My commission expires: 8 - Fl i mi�yvL4,6:./ 2006, before me personally appeared Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. �6l flS so ? v'= i / j • 44 3_29.1 i � l 6 . 0 A ` a \ � ..,%" \ \\ \\.- G: \City Attorney \PETER \Planning \Tukwila Station DA 7- 13.doc L r ui1C &4/1-6,4 Pr ated Name: 0-1-11)F- &/1%AV I S ( AJ n-1 NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: 0 Page 9 of 9 FRG. OSED PROPERTY EXHIBIT CITY OF ?UK - MLA TO FOUNT I.N PARK LLL PROPERTIES, - S, 1N C. g oo ,\ • PROPOSED AREA TO 5 . \53 • PE DEEDED FROM - • THE CITY OF u'K t, A I TO FOUW.TAI IN% PARK �`' 1 / r ±36,590' S.F. ■ .__ 100 200 AS BUILT € TRACKS SCALE: 1 - = 200 • •rx. IZIki Isl I Ill a I SC. 158TH ST. i Exhibit A. w - 1 - - - --4 LONGACRES WAY �IONUMEN C . I 50. 158Th ST EXTENDED j AS BUILT TRACK RACKS 'PREPARED BY: EvSTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAOUAH, 'NA. 98027 PH: '425).392-53.51 PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA PA,PK LLC- PROPERTIES, 11C. N Nj VI U1 cn LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. L98_0007 AS KING COUNTY RECORDING NUMBER 9803129013, RECORDS FILED . K I N ' COUNTY, WASHINGTON: NG EXCEPT THE EAST 100.00 FEET THEREOF CONTAINING AN AREA OF 3;590.SQUAREFEET MORE OR LESS. IOC : 200 �► . "'q[ L ANA ' . EXPIRES 1 '�.. EXPIRES :MAY 22. 2005��; SCALE: 1 • ' =200' • a IJIa lal I SO. 158TH ST. AS BUILT € TRACKS PROPOSED PROPERTY EXHIBIT F10UN771/n/,o,4 R K" ,L.LC TO CITY OF JLA ST?' f 1 00.00• LONGACRES WAY MONUMEN TED E SO. 158 -I ST EXTENDED 5 \ I• ime k I eC I I AS BUILT E TRACKS I, PROPOSED AREA TO BE DEEDED FROM r UNTA /N : Y PALL G... -: TO THE " CITY ' OF TUKWILA f SF PRE BY: EA S TSIDE CONSUL TAN TS. INC. 415 RAINIER BLVD, N. ISSAOUAH, WA. 98027 PH: ( 4 251392- 5.351 - PROPOSED LEGAL DESCRIPTION .. - FOUNT,q /N P,q47,< LLC TQCITY' OF TUKLYILA THE EAST 100.00 FEET OF LOT 2 OF CITY OF TUKWILq SHORT .PLAT NO. L -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE EAST 100.00 FEET OFT DESCRIBED PARCEL: HE FOLLOWING THAT PORTION OF THE HENRY MEAD . OF SECTION 24, TOWNSHIP 23 NORTH, EK DONATION CLAIM NO. 46 AND . COUNTY, ASNINGTWASHINGTON; LYING WEST O�I..lGE 4 EAST, w M: RAILROAD WASHINGTON; WAY N O KING EAST OF THE UNION PACIFIC ON -NOR TDERN RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOU RAILROAD LINE OF SAID DONATION CLAIM AND NORTH OF TH SOUTH OF TL O OF : LONGACRES WAY . E CENTERLINE OF ' CONTAINING AN AREA OF 103,525 SQUARE. F FEET MORE OR LESS. . . PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO FOUNTA/ N PA L LC . 100- 200 0 4, 1 : 15. 1 . A 0tk_._ op.g AS BUILT . 50 0 \ 100.00 -4 ;EASEMENT me z, - 1 0 1 - c • J. (1 ' 70.0 a 4 ? 1 50' 5 01 -1 I - r - ColiaGR ES WAY MONUMENTED SO, 158TH ST EXTENDED Exhibit C AS BUILT € TRACKS • I N. UNE HENRY A. __MEADER D.C. 46 LTN? PbTerLOT.fi SEC 24. F.23N.. W.M. PREPARED BY: EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAQUAH. WA. 98027 PH:C4251392-5351 2111 IP.acific.,Suite 1100 Tacoma. Washington .9841:2 June 6,'2006 City of Tukwila Department (Of C'otninunity Development Minnie Dhaliwali 6300'Southcenter Blvd Suite 100 Tukwila ; WA '98188 Re Project Sta"tisties for Tukwila 'Townhomes Minnie Below is an outline of the statistics 'tot die 'proposed Tukwila Townhotnes, You will ''find that the statistics are virtually the'same as the 'previously permitted structure. Prium ? s proposal is essentially the ;Saline development envelope and .site layout As the approved project: The unit mix and3 building .arrangement 'are used in this proposal as well, The 'City's articulation modulation "regulations are met: The exterior building surfaces will utilize cemerititio 1 m lap and panel siding as well as brick Arid 'concrete at the be Arbor structures are also included 'at :the courtyard land first ' float levels to introduce an additional building articulation as well the benefits of plant material. Use: Mixed use transit 'oriented development including rnultifainily residential, .retail ,arid parking 294 multifamily units Zoning Tukwila Urban Center (TUC) within Transit oriented Dev area 11'5' height - limit; 75 feet ,proposed Setbacks 15' front, 10' side. and rear Site area '6:02 acres Building: 5:stories of Type VA tonstfuc-tion (plus mezzanine) rover one level of concrete parking The inultifaniily /retail will consist of three " buildings Building one — 74,080 sf, G7 units Building - Two =129,960sf, ;120 units Building Three = 115 sf, '107 units Parking: -405 ;stalls (270 under- structure) We ` look forward to working With you'on this project and ,patticipating on new "transit 'oriented development in the City of Tukwila! Sincerely, McGranahan Archite - ts WWW.mcg rahahsh.eom Mart Gleason, Principal MCG RA NAH A N architects 9216 -1 253 383 3084 3 383 3097 T Steps in Process Tukwila Station 1. Redraft the Development Agreement and Land Exchange Agreement, City/Developer execution. By: May 15. 2. Analyze all site planning, studies and technical engineering. By: May 15. 3. Retain Architect and civil Engineer and begin site design, address City issues. By: May 15. 4. Prepare building plans, site development, utility extension and off site construction plans and specs. By: Sept. 15. 5. Close on property, Execute land exchange. By: Oct. 15. 6. Apply for site development permits. By: Oct. 15. 6. Apply for Building Permits. By: Nov. 15. 7. Apply for utility extension and off-site permits. By: Nov. 30. 8. Respond to comments. By: Jan. 30. 10. Obtain permits and begin site development, utility extensions etc. By: March 30. 12. Begin building construction. By: July 30. 13. Marketing. By: August 30. 0 COLORED CONG. PEDESTRIAN L,NK TO T . RANS:T STATION NO SI7EWALK TO BE EXTENDED TO WEST VAL:EY PER BAR CONDITIONS PROJECT INFORMATION ME Unit Matrix FM PARKING INFORMATION n Required 180 X 1 Cor /OU 107 X 2 Car /DU (4,750) X 1 Car /250 Studio & 1 Br 2 Br. Retail Total Read. n Parking - 1, phase 292 117 10 419 Surface Garage 419 Regular Compact MC Total Parking - 2. phase 295 117 10 422 Surface Garage 422 Regular Compact HC Total 189 210 19 418 NOTE: SEE SHEETS AI.2 Q AI 3 S A2' FOR .AND SWAP PHASING DIAGRAMS AND EMERGENC vEn CLE ACCESS •FCRM 146 273 149 273 PRO'ERtt _ r:E PROPER' .;NE Open Space Required 200./ DU X294 DU 58800 n Provided Common Deck/Terrace Area Private Decks /Baloonlos Comon Roof Deck (Bldg. 1) Common Indoor rec. Facilities Building 1: Building 4; Open Park Area ® North: . Total Open Space Provided: 35475.00 5.250 00 500.00 4680.00 ° 1.20000 18.200 00 ° 65,305 00 EIN Density Calculations n Phase 1 Site Area: 4.67 Acres 202,671 00 Ss Ft 296 DU+ 4.87 • 63. DU/Acre n Phase 2 (Atter final land swop) Site Area: 8.02 Acres 282,05200 Sq. Ft. 298 DU + 8.02 = 49 2 DU/Acre UNION PACIFIC R/R r T-0o•sz'7oa,ocas M� �w•r.r_ e 0�d j l►�• � L•111 - shailEG+ISOVJ•NM1fT7rr•.1ve4 srTW i low•rr_ -- • r L I s�. IH I ti I IQ I i i ,� iif 6 30 EASEMENT PER .AND SWAP AGREENIE: ,T BURLINGTON NORTHERN R/R A1.1 Project Infornator A1.2. A1.3 S4e Man pnose 1 540 Man otiose 2 A2.1 Parldrg garage - front 42.2 Parldng garage - mldd'e 4 2 3 'orking garage - rear 4.24 Buliding 1 - plaza A2 5 Building 2-3 - pazo A26 Bul ding 3.4 -plaza A3 1 South elevation - Building 1 A3 2 West elevation - 8411Cing 1 A3 3 West elevation - Building 2-3 A3 4 E,evallon Dears A3 5 Bul ding section A4 1 Charoc'ef board VIL ENGINEERING MANS '01 Cover sheet .02 'rellm.nary Grading and utlllhes Mar '03 Mellm Grinding and Alines Pion '04 Preliminary Grading and unities Man 'OS 'rel'.nary Oft Ste W Pte' / Sewer Tan Prl6 'relmtnory Longacres Way Mar and Prof e '07 Pretm.nary Site Sections 'O8 Preliminary Detention / Water Quality De'o:s '05 Preliminary Detention / Water Quality Detail 4 12 Boat ng Conditions Map '1; Land swap Ran .DSCAPING PLANS 11 0 Overall planting plan I 1 'lancing plan - south nr'on L 2 ',ant.ng plan - cent-al Boron '. 3 Patting olan - north Donor FtECEIVED err( OF TUtcvILA APR 1 2 2005 TRASH ENCLO5U OPEN SPACE 0 2a Vicinity map . LRMIT CENTER 5a SITE PLAN SCALE: 1" = 50' -0" far Attachment A 11: Elik Protect tt 51-0411 Drawn by NOS. 25 Dana: Mar 7. 2071 Permit Submittal ReMsons: Apr 12.2001 Project Info A1.1 Sheet No, Jon Unit Types Building Studio ssn• . non. B 1 Br. 7r1l'.RD2 C I Br. +Den 600 -9000 D 2 Br. -lBath 9rin° - 1 1701 E 2 Br. + 2 Bath 1,200° +1. F 2 BR. + Den 1 3m' - 1.4tTP Totals at 20 4 8 15 8 5 60 42 15 11 15 0 5 14 60 #3 15 11 15 0 5 14 60 114 15 9 15 0 4 13 56 #5 15 0 1 7 9 5 9 55 .Totals 80 35 70 24 27 55 291 0 COLORED CONG. PEDESTRIAN L,NK TO T . RANS:T STATION NO SI7EWALK TO BE EXTENDED TO WEST VAL:EY PER BAR CONDITIONS PROJECT INFORMATION ME Unit Matrix FM PARKING INFORMATION n Required 180 X 1 Cor /OU 107 X 2 Car /DU (4,750) X 1 Car /250 Studio & 1 Br 2 Br. Retail Total Read. n Parking - 1, phase 292 117 10 419 Surface Garage 419 Regular Compact MC Total Parking - 2. phase 295 117 10 422 Surface Garage 422 Regular Compact HC Total 189 210 19 418 NOTE: SEE SHEETS AI.2 Q AI 3 S A2' FOR .AND SWAP PHASING DIAGRAMS AND EMERGENC vEn CLE ACCESS •FCRM 146 273 149 273 PRO'ERtt _ r:E PROPER' .;NE Open Space Required 200./ DU X294 DU 58800 n Provided Common Deck/Terrace Area Private Decks /Baloonlos Comon Roof Deck (Bldg. 1) Common Indoor rec. Facilities Building 1: Building 4; Open Park Area ® North: . Total Open Space Provided: 35475.00 5.250 00 500.00 4680.00 ° 1.20000 18.200 00 ° 65,305 00 EIN Density Calculations n Phase 1 Site Area: 4.67 Acres 202,671 00 Ss Ft 296 DU+ 4.87 • 63. DU/Acre n Phase 2 (Atter final land swop) Site Area: 8.02 Acres 282,05200 Sq. Ft. 298 DU + 8.02 = 49 2 DU/Acre UNION PACIFIC R/R r T-0o•sz'7oa,ocas M� �w•r.r_ e 0�d j l►�• � L•111 - shailEG+ISOVJ•NM1fT7rr•.1ve4 srTW i low•rr_ -- • r L I s�. IH I ti I IQ I i i ,� iif 6 30 EASEMENT PER .AND SWAP AGREENIE: ,T BURLINGTON NORTHERN R/R A1.1 Project Infornator A1.2. A1.3 S4e Man pnose 1 540 Man otiose 2 A2.1 Parldrg garage - front 42.2 Parldng garage - mldd'e 4 2 3 'orking garage - rear 4.24 Buliding 1 - plaza A2 5 Building 2-3 - pazo A26 Bul ding 3.4 -plaza A3 1 South elevation - Building 1 A3 2 West elevation - 8411Cing 1 A3 3 West elevation - Building 2-3 A3 4 E,evallon Dears A3 5 Bul ding section A4 1 Charoc'ef board VIL ENGINEERING MANS '01 Cover sheet .02 'rellm.nary Grading and utlllhes Mar '03 Mellm Grinding and Alines Pion '04 Preliminary Grading and unities Man 'OS 'rel'.nary Oft Ste W Pte' / Sewer Tan Prl6 'relmtnory Longacres Way Mar and Prof e '07 Pretm.nary Site Sections 'O8 Preliminary Detention / Water Quality De'o:s '05 Preliminary Detention / Water Quality Detail 4 12 Boat ng Conditions Map '1; Land swap Ran .DSCAPING PLANS 11 0 Overall planting plan I 1 'lancing plan - south nr'on L 2 ',ant.ng plan - cent-al Boron '. 3 Patting olan - north Donor FtECEIVED err( OF TUtcvILA APR 1 2 2005 TRASH ENCLO5U OPEN SPACE 0 2a Vicinity map . LRMIT CENTER 5a SITE PLAN SCALE: 1" = 50' -0" far Attachment A 11: Elik Protect tt 51-0411 Drawn by NOS. 25 Dana: Mar 7. 2071 Permit Submittal ReMsons: Apr 12.2001 Project Info A1.1 Sheet No, Jon A2.1 SECURITY FENCE /—°ROPER' INE SECURI" Y FENCE A2.2 UNION PACIFIC R/R BURLINGTON NORTHERN R/R 0 5 SCALE 1" = 160' -0" BURLINGTON NORTHERN R/R - -� SITE PLAN- DIAGRAM - LAND SWAP - ammal (S —4i' R 45' 11c MEI - 2E - MAN FIRE ' LC - 7 aQa ftb s ou 11 F4,-41-4P) 6."A T►!i � OaviamaO aasaaaaa.v,,r ∎VMAmvra mmeeaewr,, '• �'• •• 1j, 1,1047 (11 60:0 a ✓Otte/ • a .eelse% Z io °RO °ER's' L NE e- O'0I00 0r - - ^Gt /�9 � <a9 S .7faa r..,-,26'-0" MIN M ERaCKACCESS . f. ti t 40.0.-.404 . J *A Imo= •IIHIIU' P 11 fipui , 4 o¢ a6.e, gulis e� ••4i• 4 : s �R \� \1�� �nair.�• �a�i�tiC. M,\ra�r� a'ti q �'T3�•.li�',� 11 �■�� ICI III / ae - y I TOR 0 V 4 A2.3 - I 517 AP.E4 } •• _AND - PANSFER FRpv Cr, 59 6�F 0 0a 4v &7 / SITE PLAN@ PARKING PH2 SCALE 1• =40 - 0" 2 7 t 0 -,33I Protect 4: Draw, by: Date Perr^M Submittal C 0 b • `i 3 7 Sheet No axe . .. M-0411 MDS. ZS Mar 7. 200 Reyb u:Date AW17.60)t Site plan ph2 Al .3 0 0 R 5 lv>*ber. wtiev Fi26' - J` M:F F RETRUC ACCE55 Klieg - A!.,TZfi�aIlWIMIN a R e7E0�: Oe. A2.1 26'.O' MIN FIREiRLCR CCESS PRO °ER`Y L.NE PROPER JNE A2.2 UNION PACIFIC R/R 30 EASEMEN` PER LANG SWA° AGREI MEN' BURLINGTON NORTHERN R/R UNION PACs C P/R BURLING'iDN NOOCMERN R/R SITE PLAN- DIAGRAM - LAND SWAP - SCALE 1•' =160 -0" A2.3 51TE AREA 317 EASEMENT =06 PARKING 4113.2 yal- TRASH E ICLO5U?E r C I SITE PLAN@ PARKING PH1 SCALE 1" = 40'-0" 2J 41.7 / So OPEN SPACE g 00 3 / P•oject p, Drawn bv: MDS, ZS Do`e: Mar 7, 200i Permit S1,bmHal Rev Al .2 Sneer No. Apr 12,200: Site plan ph 1 • 1111111111 11111111 Ight Pole typ. Light Pole typ. Raised conc. walk Raised conc. walk Light Pole typ. Gate control kiosk Er : Evip. oio e storage Emergency Mech. & electr. generator ■ 0 C' Bolla edestrian Iin train s Canopy Bench 1 1 I I 17R I 1 I I 1 1 1 I 1 1 I 1 I I I /i I I i 1 I 1 30' Parking easement Bench h.> Ip 11C 1 j 1 1 I 7R 1 j I 11 , I I I I I I j 1 I I a C ■ I I I I I I I 1 1 1 I 1 1 1 PARKING - FRONT SCALE: 1 ° =10%0° 0 y 20 a 2 0 I .- 4 3 E ,f. IMO P•dect a: N841 Dr by. MDS, ZS .. Do•e: .. 'Hor 7, 290 Perr'lt S.bmlrtol RoNVOru: Apr 12,200 Parking - front A2.1 Sheet No. 13R. 14C : SR 1 1 1 1 1 I 1 1 bye icle storage . . • . b: 9-0 5-0 -6 10 0" 8-0 Trash & recycle Elevator lobby Elev. mech. equipm. 4.) 9R 1 2S1 1 1 07 Peclestriin entry R Gra sag rid pavers for firetruck (see landscape) 6) ; • • • • • • • • • PARKING - MIDDLE-BLDG 2&3 SCALE: 1" =1O-0" 0 , 0 20' 2367 .E, '7■1/ f : PYclect TA041! C) awn py: MDS, ZS TT••••■Iterte: mat 7, 2C0 FEirmtt Submittal RehAsons: APT 12.20ST .......... Parking - middle A2.2 Sheet NO. wirt Da. 4' •,.101 Tel & electr. Elevator mech. equipment Elevator lobby 11 1111 uliu■i -0 Pedestrian entry m b. a Grassgrid pave for firetruck (see landscape) SR 8R x 1 \ / G i -- -- ---°�— ,ter--- 1- - - - - -�\ ti ' / OR / SCALE: 1 = 1O-O 0 s •a SR PARKING - REAR -BLDG 4 &5 2a / Access to play area and open space 13R / g 4 C i _f< 4, _ ,. Q &P 2 e 1 f P•oiect $. M-041: Draw , Py.. MDS. LS' Doe: Mar 7, 20a Per,1l Subrol•tal Revision: Apr 12.20E Parking - rear A2.3 Sheet No. I I 'l o ll' Mill :• ':III :Y9t:E If 'I • • +K '211r area'be.aration • N #• P P iP -P i f 11 +A #: I • , I E iI I ## i P ;{ r I I f 1+1# II, AT IT 1 t I g I a' E. t is €' I # I tFFI t It 1 -f f I, (- 1 1 I( 4_ III i s F I k WSQf'# Iif P; EFE' 'r # fE [' ( 1 I� 4 1. 1'7' P PPPAP 1 1 T # ! # # T - (I # ! I#r ##II y1 - - J I' 'IOWA I I i 1 1;1 I f I I I I€ii#:i#i i € N t I I ' I t 4 11 • "#_ ;A t 4 t i E I E E 14t`I;`I r }E', - H' P, 'P n I P-I I #1 9 @ENI }`i: T t i E' # p 'P € P{ iP # - .!'lI I • j 4 q r t 5)f e # f 3:[ i • f I l e X - # I :• I ' I I I = I I t #laf i ! € 1 I#P ! I €3� 1 1 1 ° P PI 1 I # I I- { t $ III I- I Es l} 1P, 1 i % IITP fIIi1 't I I 11 4 I TA- II {_ I €P #I '# I -f .1"'I # 1 ' I" 4 i # I pII #i1.4C1 4' III P 9 1 4 13€ I°I 1 I F 1 1 #fi 1 If P`I r 1 ` ( I # I : r{ iY1:t :l 1 � 1 r yi t( ' it I l i!:fI"l9 11 � IF t I.. I' f II: 1`i I f € 1 ((- � ' 1 1 :1 i i-'4. 4'.1 t t 11 f if I j I .1. A Y I fI IIT I f € 9- # I #i 11'. 4 1 li.[[€ I l PI !{ 1 II . 1 "14 1 #. r I3 l Il i III 1 1 1 Ii I- I 1 11 .E Pap I i t'.1^4 1 `I' I. Hitler P.f, • I - II : 212 0 512 12C 17R 0 Entry plaza below 712 9riveway below Edge of Balcory .Above Garden terrace See landscape plans for planting Information Garage entry below W v Garage entry below Canopy Bench BUILDING 1 @ PLAZA SCALE: 1" = 10'-0" 0 5 ' 0 20 Prclect k: V-041 Drown Ov: MD& ZS Date, Mar 7, 200 Permit Submittal Revlsons: Apr 12,200. Building 1 - plaza - A2.4 Sheet NO. ••• •■■ BUILDING 2 1 I I I I 1 1 t I I t ! 9C 1 I I 1 1 1 I I I, SR ! 1 1 t I I 1 I I 1 1 1 I 1 I 1 I I 1 1 I 1 1 I I I 1 1 1 t Building entry & parking garage below IZ Canopy Bench I 1 1 1 I 11 I I li 1 I I I 1 1 li t 1 1 '051Z i 1 II 1 1 1 1 I 1 1 1 1 I 1 1 I I I I I I I BUILDING 3 BUILDING 2&3 @ PLAZA SCALE: 1" = 10'-0" 5 • SR 2O Project /1, ..... • ... Drown by, MDS, 2 Mar 7, 20 Permit Submit'ol Revisions. Apr 12,201 ....... ...... ......... .... • • • • • • • • • • .... • • • • • • .... • Building 2-3 -plazc A2.5 Sheet No. MATERIAL SCHEDULE A Horizontal siding B Vertical siding C Stucco D Hardipanel E Concrete f Brick G Metal trellis, canopy and grill H Metal standing seem roof J MIN cornice r. • :i p SCALE: 1" = 1D'-0° 0 5 Ia 2a SOUTH ELEVATION - BUILDING 1 COLOR SCHEDULE - BUILDING 1 I HC -77 Alexandria beige Benjamin Moore 2 SW 6055 Rery Brown Sherwin Williams 3 1617 Cheating heart Benjamin Moore 4 SW 6258 Tricorn Black Sherwin Williams 5 AC -3 Texas leather Benjamin Moore 6 HC -172 Revere pewter Benjamin Moore c f 0 Uw 3 f m o3 4 lioni k Progeot8 M•ls1-5 Drawn by: MDS 751 Date: Mor 7. 2005 Permtt Sub Revisions: Apr 122005 B1 South elevation A3.1 Sheet No UOU` th I 1 1 MATERIAL SCHEDULE A Horizontal siding B Vertical siding C Stucco D Hardlpanel E Concrete F Brick G Metal trellis. canopy and grill H Metal standing seem root J MDF cornice SCALE: 1" = 10 0 5 W 20 COLOR SCHEDULE - BUILDING I I HC -77 Alexandria beige Benjamin Moore 2 SW 6055 Fiery Brown Sherwin Williams 3 1617 Cheating heart Benjamin Moore 4 SW 6258 Tricorn Black Sherwin Williams 5 AC -3 Texas leather Benjamin Moore 6 HC -172 Revere pewter Benjamin Moore WEST ELEVATION - BUILDING 1 ibma PT4ect lh 1 Drawn by: MDS. ZST Dote: Mn, 7,2005 Permit Submittal Revisions: Apr 122005 B1 West elevation A3.2 Sheet No. Walt 4 w•mr. 44 3: It 111101110111101i11MMII11 ING1111132111 I: MEM Ee 8 maa EB 8 Ea I C3 C3 C3 la It: 033 Ea GATE ELEVATION SCALE 1/7= 1% IWItEUfflIllUIOIDhIiIEIIIIirII 8 888 133 93 88 00 0 9' 10" !EA C3431.3:13 WI moriringtiSIST 8 T 13 C3101:3 I!! MOODS Mileareg EEEI E133 ar-as Ea 8 C3C3C3C3 ESEIROP2 PAZ TUBE STEEL GATE CONTRACTOR TO PROVIDE SHOP DRAWINGS PRIOR TO FABRICATION. Ea 114411111111111141114111 111, 111A1:: 8 8 13C:11.3 k:3 E133 11; B33 lag 13333 ; : 3 COLOR SCHEDULE - BUILDING 2113 C3 0 0 C3 et IngiGliSaiiinini 8 r ••• ••• 8 3 1617 Cheating heart Benmn jai Moore 5 AC-3 Texas leather Benjamin Moore 7 HC-95 Sag harbor gray Benjamin Moore 8 HC-I01 Hampshire gray Benjam In Moore EB 1333 EEO 13.C3 C3.C.3 !!! I 1 EB 88 EB 8 47 :11 I 1 WEST ELEVATION SCALE: 1 = 30'-0" 0 30 6d 9 HC .100 Gloucester sage Benjamin Moore 10 HC•IO2 Clarksville gray Benjamin Moore 11 I.C.99 Abingdon putty Benjamin Moore 12 HC•2l Huntington beige Benjamin Moore SCALE: 1" = 0 0 la za MATERIAL SCHEDULE A B C 0 G H Horizontal siding Vertical siding Slucco Hardlpanel Concrete Brick WEST ELEVATION - BUILING 2&3 Metal trellis, canopy and grill Metal standing seem roof MDF cornice 191111111111111111H11111111111111111111111111111111111111 th - - 161#11111 111. Ix _ !@.. I lentE1 ffril , SSE- ISS LI— MEI r41:111i SKI 010 41k1J-='-r- - SHOOS ' 161/40; 510. MO /213121■1114111311 .I''IMIE11:4421.1501 I. ;14SIM , 11•■••1•11: t '101% TANIPEVW :- 16i c4, h Ian —II —11---ILIZMIC EV—H=- IIr. '.117.4.1110.I11011, I24211201 - r ZiS SIMIII110/514111301031' •'! oretore, : istrekami I 111111111MMEMilli FRET No Ell. En. •••••••••• rozios 110131 .13171.1. • Ile; y. A3.3 Sheet No, B2-B3 West eievatil i r 3/4" 1 X3 HP HORIZONTAL TRIM SCALE: 1:1 1X3 HP VERTICAL TRIM SCALE: 1:1 SCALE: 1:1 ,, 1 1/2" HP W/ 1 X3 BATTENS HP W / 3/4" REVEAL SCALE: 1 /7' = 1'-0 SCALE: 1 /T = 1'-0" 3/4 REVEAL 3/4 "/ / - P•gect p: M-04' Draw bY: MDS. L Date: Mar 7, 2(X Permit Scbr- l Revivers: Apr 12.20( Elevation details A3.4 Sheet NO. x MHO i WWI lit 1�11�111lf0U�i Vlk:'lil Building section A3.5 Sheet No. crm owe br.2'1003 Project a: M -0415 Drown by: ZST,DJV,MDS Date: Mar 7, 2005 Perm? Submlttol aeesions: Apr 12, 2005 Typical park bench Typical lighting Approach to project Time and place Sense of place typical covered bench Kids recreation Sim ................. . Project #: M Drawn by: ZST, DJV, M DS Date: Mar 7. 2005 Permit Submittal .............. Revisions: Apr 12, 2005 A4.1 Sheet No. Oar Apr 12..36 REVISIONS: REVISIONS PER - PROPOSED 8 WATER PROPOSED 12" STORM I I PROPOSED 12 STORM- - - - - - - - CONNECT TO EX. WATER LEGAL DESCRIPTION (PROPOSED) 151 EXISTING 8' S.S. ,l _ PROPOSED SANITARY 1 i - SEWER- MANHOLE I \ - - EX. SSMH#19 r SANITARY SEWER BORE IN STEEL SLEEVE IPt'OPOSED DETENTION WATER QUALITY v1 ULT. 100' RIGHT -OF -WAY DEOICATION FOR RELOCATION OF UNION PACIFIC UNE LOTS I AND 2 OF CITY OF TUKWILA SNORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY HEADER DONATION CLAIM NQ 46 AND OF SECTION 24. TOWNSHIP 23 NORTH, RANCE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -CF -WAY EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A UNE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY AND THE EAST 4300 FEET OF THAT PORTION OF THE 100 FOOT NIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST GARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH UES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) EXCEPT THE EAST 100.00 FEET OF ALL OF THE ABOVE THE ABOVE DESCRIBED PARCEL CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS THAT PORTION OF LOTS I AND 2 OF CITY OF TUKWILA SHORT PUT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY HEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M. BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE N6623'08'E ALONG THE NORTH LINE THEREOF 25.89 FEET TO POINT ON A CURVE WHOSE RADIUS PONT BEARS 56728'24'w A DISTANCE OF 1735.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID CURE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 1827'07 AN ARC LENGTH OF 558.75 FEET TO A PONT OF COMPOUND CURVATURE, THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT SAID CURVE ALSO BEING PARALLEL TO AND TOO FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, HAVING A RADIUS OF 232&49 FEET THROUGH A CENTRAL ANGLE OF 0617'57_, AN ARC LENGTH OF 251.93 FEET; THENCE 50207'28 "W ALONG A LINE WHICH IS PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 555.03 FEET TO THE CENTERLINE OF LONGACRES WAY,• THENCE 587'0747V ALONG SAID CENTERLINE 23932 FEET TO THE CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE NO3•3743"E ALONG SAID CENTERLINE 969.09 FEET; TO A POINT OF CURVE TO THE LEFT. THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3730.49 FEET THROUGH A CENTRAL ANGLE OF 02'44'10 ". AN ARC LENGTH OF 178.14 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1878.02 FEET THROUGH A ANTRAL ANGLE OF 0644'42 ", AN ARC LENGTH OF 227.08 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. I, THENCE N6623'08"E ALONG SAID RIGHT OF WAY MARGIN 45.10 FEET TO A PONT ON A CURVE WHOSE RADIUS PONT BEARS S83'44'15 "W A DISTANCE OF 1921.02 FEET; IHECNE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01•2'O3', AN ARC LENGTH OF 34.67 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. CONTAINING AN AREA OF 262,050 SQUARE FEET MORE OR LESS. A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. � CONNECT TO EX. WATER -1 EX. 10" WATER cc a. I>; EX. PROPERTY LINE TUKWILA STATION WATER UNE BORE IN STEEL SLEEVE EASEMENTS REQUIRED FROM UNION PACIFIC RAILROAD AND PRIVATE PROPERTY OWNERS FOR WORK IN THIS AREA. PROPOSED FIRE HYDRANT (TYP) BASIS OF BEARING EX. SWALE VERTICAL DATUM (NGVD 29) NAVD 1988 CONVERSION EXISTING UNION PACIFIC RAILROAD RIGHT OF WAY 4,800 CUBIC YARDS OF CUT 10,500 CUBIC YARDS OF FILL "2237,VE 969.09" ADD 3.59 FEET TO ALL ELEVATIONS SHOWN. T-( R14 i5 - — " a; ----, ------ _ c.- PROPOSED SIDE SEWER !i CONNECTION (TYP. 5 PLACES) EXISTING BURLINGTON NORTHERN RAILROAD RIGHT OF WAY BASIS OF BEARINGS AND SECTION BREAKDOWN ARE PER A CONTROL SURVEY DONE FOR THE CITY OF RENTON BY TARGET SURVEYORS, INC. AS RECORDED IN BOOK 58 OF SURVEYS ON PAGE 286 UNDER RECORDING NUMBER 8712299005. VERTICAL DATUM IS NGVD 1929 PER NOAA BENCHMARK 0 -408 "l965" BRASS DISC SET VERTICALLY IN THE SOUTH FACE OF COLUMN OF 1 -405 0' X -ING SR -181. ELEVATION = 29.734. ESTIMATED EARTHWORK OUANTTTIES PROPOSED 30' EASEMENT PER LANDSWAP AGREEMENT \ \ \ R PROPOSED 8 ,5 PROPOSED DETEN110N VAUL SURVEYOR EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA 98027 PHONE: (425) 392 -5351 FAX: (425) 392 -4676 PROJECT CONTACTS CHI_ ENGINEER PACIFIC ENGINEERING DESIGN, LLC 4180 UND AVE. S.W. RENTON, WA 98055 PHONE (206) (425) 251 -8811, FAX: (425) 251 -8880 SOILS ENGfNEER ASSOCIATED EARTH SCIENCES, INC. 911 FIFTH AVENUE, SUITE 100 KIRKLAND, WA 98033 PHONE; (425) 827 -7701 FAX: (425) 827 -5424 PROPERTY LINE - PROPOSED - - - - � EX. SWALE OWNER PACIFIC COMMERCIAL PROPERTIES, INC. P.O. BOX 53405 BELLEVUE, WA 98015 PHONE: (425) 453 -4384, FAX: (425) 453 -4385 ARCHITECT RUTLEDGE MAUL ARCHITECTS, P.S., INC. 19336 47th AVE. N.E. SEATTLE, WA 98155 PHONE: (206) 440 -0330, FAX: (206) 362 -4381 LANDSCAPE ARCHITECT GLENN TAKAGI, ASLA 18550 FIRLANDS WAY N. #102 SHORELINE, WA 98133 PHONE: (206) 542 -6100 FAX: (206) 546 -1128 TUKWILA, WA. t y f '.. t/ — PRELIMINARY THESE DRAWINGS ARE 8UBJE:CT TO REVISIONS PEND040 LOCAL .NRI801CTIONIL REVEW Ns SHEET INDEX VICINITY MAP 50 ■ \ 0 25 SCALE: T - 50' COVER SHEET P02 PRELIMINARY GRADING AND UTILITIES PLAN P03 PRELIMINARY GRADING AND UTILITIES PLAN PO4 PRELIMINARY GRADING AND UTTLI TIES PLAN P05 PRELIMINARY OFF -SITE WATER /SEWER PLAN P06 PRELIMINARY LONGACRES WAY PLAN AND PROFILE P07 PRELIMINARY SITE SECTIONS P08 PRELIMINARY DETENTION/WATER QUALITY DETAILS P09 PRELIMINARY DETENTION/WA TER QUAD TY DETAILS PIO EXISTING CONDITION MAP P11 LANDSWAP PLAN P12 PROJECT LOCATION MAP 50 b MY LO OD . E .5 0 L) LTa ' v ▪ N F a x LL a. -J .q 2 w a 8 I 3 N 0 X S O s 3aam w PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE: 03-07 -05 SHEET REV.: 04 -12-05 COVER SHEET 04085CV01- POT,DWG P01 REVISIONS: S NOTE: IT IS THE APPLICANT'S INTENTION TO PROVIDE A SIDEWALK ALONG THE NORTHSIDE OF LONGACRES WAY FROM THE SITE'S WEST PROPERTY LINE TO WEST VALLEY HIGHWAY. THIS WORK WILL BE SHOWN ON FUTURE PLANS AS SUFFICIENT SURVEY INFORMATION WAS NOT AVAILABLE AT THE TIME OF THIS SUBMITTAL. ES N0� C5 r ?PE i/ 7 ,5 75 (ALW5T 117 GRADE) 870 I RAISED SIDEWALK SEE DTL.. SHT P07 NOTE DDCVA FOR FIRE SERVICE TO BE LOCATED IN MECHANICAL /SPRINKLER - RISE& FOOM INSIDE BUILDING. CONNECT 4 EX. WATER BOX ACCESS" RIM =15.87 16=11 1 NEW CURB AND GUTTER RAISED SIDEWALK SEE OIL, SHT. PO (LOCATE AT HIGH POINT OF ROAD) BOX ACCESS RIM -16.47 IE =11.1 CB RIM -15.16 I6 =16.5 1 r SEE SHEET P06 FOR I I I PRELIMINARY PLAN/PROFILEI FOR LONGACRES WAY IMPROVEMENTS I \i I_ SLOT ORAIN I 1 I BRIDGE �IER BD L - -- ---____-:-- F'H POL ��� L _ 773 I — -F — CB Red =15 4g R o PROPOSED 1 tO80 C.F. LONC. VAULT 29' x 88' x 8' DEEP DE TENTIQN/14 TER QUALITY VAULT SEE SHEET 1109 FOR DETAILS A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. UNION PACIFIC RAILROAD T-OF-414 . - - --- — E 75Lr F.iTA7ON ------ -- - -- -- 7EEEM 'ETC- — ------ - - - - -- — — _ _ _ -- TO — — — — _ — _ — _ _ — — — — — ; F _ 0�, CATCA T � 8 � BASTN'(TYP} — __ PROPOSED 30' EASEMENT PER LANDSWAR AGREEMENT V) PROPOSED TYPE I CATCHBASIN (TYP) - 14 SWALE OUTFALL STRUCTURE ELEV =11.15 MATCH LINE - SEE SHEET P05 FOR CONTINUATION GARAGE ENTRY GARAGE ENTRY. FINISHED FLOOR GARAGE SL4B490 NOTE' EACH BUILDING TO HAVE ITS OWN SIDE SEWER. 79 19 11 X GARAGE EN TRY GARAGE EN TRY DEDICATED RIGHT OF WAY FOR UNION PACIFIC RELOCATION SEE LANDSWAP PLAN, SHEET P11 EX. SWALE (TO BE MAINTAINED BY CITY) BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY PROPOSED SANITARY SEWER MANHOLE (TYP) NOTE. PORTION OF WATER MAIN UNDER BUILDING SHALL BE PROVIDED WITH PROTECTION FROM EARTHQUAKE DAMAGE PER NFPA 13 AND NFPA 24. 79 SEE SHEET P07 FOR SECTION SEE SHEET P07 FOR SECTION 9 T-C -TRAY VS - UNION PACIFIC RAILROAD RIGHT -OF -WAY z_ tir `° PROPOSED - - - HYDRANT TT TP) - 9 0 T E NRA - GE - - - NIRY SIDE SEWER CONNECTION (TIP. 5 PLACES) U 19 0 GARAGE ENTRY - -14 ■ { i i 20 0 10 20 40 VERTICAL DATUM (NOVO 29) VERTICAL DATUM IS NGVD 1929 PER NOAA BENCHMARK 0 -408 '1965" BRASS DISC SET VERPCALLY IN THE SOUTH FACE OF COLUMN OF I -405 0' X -ING SR -181. ELEVATION ■ 29.734. LEGEND • PROPOSED SS MH PROPOSED CB (TYPE I) 12" ST 8" WTR 2" SS 4JU' Dc: GRAPHIC SCALE SCALE : 1' m 20' KEY MAP P05 PROPOSED 50'Wx100'Lx5'D CONC. VAULT PROPOSED FIRE HYDRANT PROPOSED STORM PROPOSED WATER PROPOSED SANITARY SEWER PROPOSED PAVING PROPOSED SIDEWALK EXISTING CONTOUR BUILDING OUTLINE DECIDUOUS TREE EVERGREEN TREE EXISTING CB (TYPE I) EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING WATER VALVE EXISTING WATER BLOW OFF EXISTING WATER LINE EXISTING TELEPHONE RISER EXISTING SS MH EX. UNDERGROUND TELEPHONE EX. OVERHEAD TELEPHONE EX. FIBER OPTIC EX. OVERHEAD POWER EX. GAS LINE PRELIMINARY T¢SE DRAWINGS ARE SUBJECT TO REN91CN9 PENDING LOCAL JURISDICTIONAL REVIEW Ua U° x 0 PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE: 03 -07-05 SHEET REV.: 0412 -05 1 PRELIMINARY GRADING AND U71LTE8 PLAN 040858R01_P02.0NO P02 REVISIONS: REVISIONS PER NO3'37'43"E 969.09' A • - -,4A-81, 47 , 1-444,4048- +— SEWER MANHOLE (TIP) PROPOSED SANITARY _-_---------_____ _____•____________ ............. -____ ....... _______-___ ....... .. 1 ..................... - ......... ____ ...... -- ____ _ ,,- ......... 12. ST TIN IRRIVOar la MOW NOTE: DDCVA FOR FIRE SERVICE TV BE LOCATED IN MECHANICAL/SPRINKLER RISER ROOM INSIDE BUILDING. I I I PROPOSED TYPE I 19.2 CATCHBASIN (TYP) A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. SIDE SEWER CONNECTION (MP 5 PLACE'S) PROPOSED XiEASEMENT PER LANDST AGREEMENT emo WTR EX. SWALE (70 BE \MAINTAINED BY am FINISHED R-OOR GARAGE EILAB-S0 NOTE: EACH BUILDING TO HAVE ITS OM SIDE SEMER. 41- 6.7 2 7:3 14— ---- 10 UNION PACIFIC RAILROAD RIGHT-OF-WAY ..... --- ........... — - CATCHBASIN-(TYP)- - - - - -PROPOSED _ERE_ .............................. _HYDRANT (rIIP)- ...... _ 12- ST BURUNGTON NORTHERN RAILROAD RIGHT-OF-WAY ....... - 18 - 100 RIGHT OF WAY FOR RELOCATION OF UNION PACIFIC SEE LANDSWAP PLAN, SHEET P11 7 8'42 GARAGE 79.0 ENTRY ------------------- -------------- ----- NOTE: PORTION OF WATER MAIN UNDER BUILDING SHALL BE PROVIDED IVETH PROTECTION FROM EARTHQUAKE DAMAGE PER NFPA IS AND NFPA 24. v.` PROPOSED WATER SLEEVE UNDER GARAGE GARAGE ENTRY AGE RV - ------ — 0 ------ - 12 VERTICAL • DATUM (NOVO 29) VERTICAL DATUM IS NOVO 1929 PER NOAH BENCHMARK D-408 -1985- BRASS DISC SET VERTICALLY IN THE SOUTH FACE OF COLUMN OF 1-405 0' X-ING 5R-181. ELEVA T1ON 29.734. r•'•'•"4 •••• 12 ST 8" WTR 12" SS 11.3 tall,==kttNS=It 20 0 10 20 40 GRAPHIC SCALE SCALE 20' LEGEND PROPOSED SS MN PROPOSED CB (TYPE I) PROPOSED 50 CONC. VAULT PROPOSED FIRE HYDRANT PROPOSED STORM PROPOSED WATER PROPOSED SANITARY SEWER PROPOSED PAVING PROPOSED SIDEWALK EXISTING CONTOUR BUILDING OUTLINE DECIDUOUS TREE (i) EVERGREEN TREE • EXISTING CB (TYPE I) EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING WATER VALVE EXISTING WATER BLOW OFF EXISTING WATER LINE TEL n EXISTING TELEPHONE RISER iI EXISTING SS MH EX. UNDERGROUND TELEPHONE EX. OVERHEAD TELEPHONE EX. FIBER OPTIC —DHP— EX. OVERHEAD POWER KEY MAP PRELIMINARY THEGE CRAVINGS AFC EILEI.IECT TO REVISIONS PENDING LOCAL JURSOICIENAL RENE•41 PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE 08 SHEET REV.: 04 ‘4. PFIELILINARY GRADING AND UTIL/TIE8 PLAN 0406501201-P03.01113 P03 REVISIONS: REVISIONS PER PROPOSED :OPEN SPACE. SEE. L NDSWAP PLANS. i i FLOOR GARAGE SLAB-19.0 GARAGE 19 0 I ENTRY PROPOSED 30' EASEMENT PER LANDSWAP AGREEMENT 20 A_: ' V` -i NOTE THE EXISTING 24' STORM CULVERT THRU THE BURLINGTON NOTHERN RAILROAD BERM MAY NEED TO BE UPSIZED TO A 48' CULVERT IN A 72' STEEL CASING. NEED FOR THIS WORK TO BE DETERMINED FOLLOWING FURTHER REVIEW BY THE CITY OF TUKWILA. EX. NTAIN CI -_t 25'f • UNION PACIFIC RAILROAD RIGHT —OF —WAY MOP A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. Q 24410' L= 176'14' R= _sH I� - 1E= 9-36 --A // , — Ex. 24' ST. (SEE NOTE LEFT) PROPOSED 25200 GF CONC. VAULT 50'W x 72' LONG x 7.0' DEEP SEE SHEET P08 FOR DETAILS R- EXISTING PROPERTY LINE (SEE LANDSWAP PLAN, SEE P11). PROPOSED 810 —SWALE SEE DTL, SHEET P08 / LP-- 6 , 42 „ L = 2208' R= 18 .02' • N FOR RELOCATION OF UNIOM PACIFIC SEE LANDSWAP PLAN, 94 P11 1 1 \ \\ Qc - - _ VERTICAL DATUM (NOVD 29) VERTICAL DATUM IS NGVD 1929 PER NOAA BENCHMARK 0-408 '1965' BRASS DISC SET VERTICALLY IN THE SOUTH FACE OF COLUMN OF 1 -405 0' X —ING SR -181. ELEVATION = 29.734. ir 12' ST 8' WIR 12' SS - » ; V'" a ri 20 0 10 20 LEGEND GRAPHIC SCALE SCALE 1 1' - 20' • PROPOSED SS MH ® PROPOSED CB (TYPE 1) PROPOSED 50'Wx100'Lx5'D CONC. PROPOSED FIRE HYDRANT PROPOSED STORM PROPOSED WATER PROPOSED SANITARY SEWER PROPOSED PAVING PROPOSED SIDEWALK EXISTING CONTOUR BUILDING OUTLINE DECIDUOUS TREE EVERGREEN TREE EXISTING CB (TYPE I) EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING WATER VALVE EXISTING WATER BLOW OFF EXISTING WATER LINE EXISTING TELEPHONE RISER EXISTING SS MH EX. UNDERGROUND TELEPHONE EX. OVERHEAD TELEPHONE EX. FIBER OPTIC EX. OVERHEAD POWER KEY MAP P05 PRELIMINARY T}B!£ ORAWWOB ARe TO REVBIONO Pemrio LOCAL JURBDICTONAL REVIEW 40 VAULT PROJECT NO.: 04088 DRAWN BY: AA ISSUE DATE 03 - SHEET REV.: / PRB FK GRADING AND UTIITEB PLAN 04011601i01- POADWO PO4 REVISIONS: REVISIONS PER •A GARAGE ENTRY - ----__ 20 CONNECT TO EX SSMN/19 INV. V/ -11.78 S SANITARY SEWER BORE IN STEEL SLEEVE UNDER RAILROAD TRACKS eta., -satimmr_ CA 7ORBASIN - (TIP} - N csi 10 GARAGE ENTRY CONNECT TO EX WATER (CUT-IN, 3 -VALVE CLUSTER) OL 10' WATER NOTE EASEMENTS REQUIRED FROM UNION PACIFIC AND OTHERS FOR WATER/SEWER CONNECTIONS AS SHOWN. 04 4V ATER UNE BORE IN STEEL SLEEVE UNDER RAILROAD TRACKS PROPOSED SANITARY SEWER MANHOLE (1YP) '11111 .111111111.1.111111111111111111111;ai,a, SEE SHEET P07 FOR SECTION A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. UNION PACIFIC RAILROAD RIGHT - OF-WAY 131=IMM 1.127.11.1 n mm - HHYDRXNT 'GARAGE` - - ENTRY SIDE SEWER CONNECTION (TW. 5 PLACES) (IL\ " � T SITE BOUNDARY UNION PACIFIC RAILROAD ORD ONO EX 16.0 CONTOUR AS MAPPED BY EASTSIDE CONSULTANTS (NGVD 29 DATUM) BURLINGTON NORTHERN RAILROAD THIS PORTION OF THE 511E IS IDENTIFIED AS A FLOOD HAZARD AREA ZONE AH - ELEVATION 16.0 ON FEMA FLOOD INSURANCE RATE MAP 53033C0978 F; REVISED MAY 16, 1995. ZONE AH - ELEVATION 16.0 IS DESCRIBED: FLOOD DEPTHS OF 1 TO 3 FEET (USUALLY AREAS OF PONDING); BASE FLOOD ELEVATIONS DETERMINED'. THERE ARE NO OTHER KNOWN OR MAPPED SENSITIVE AREAS (STEEP SLOPES WETLANDS ETC.) LOCATED ON THE SITE SEN8117VE AREAS MAP SCALE: 1' -100• s 20 VERTICAL DATUM (NOVD 29) VERTICAL DATUM IS NOVD 1929 PER NOM BENCHMARK 0-408 '1983' BRASS DISC SET VERTICALLY IN THE SOUTH FACE OF COLUMN OF 1 -405 0' X -ING SR -181. ELEVATION - 29.734. LEGEND • PROPOSED SS MH ® PROPOSED CB (TYPE I) PROPOSED 50'Wx100'Lx5'D CONC. VAULT PROPOSED FIRE HYDRANT • f 12' ST 8' WIR 12 SS 0 10 20 SCALE SCALE SCALE T - 20' KEY MAP PROPOSED STORM PROPOSED WATER PROPOSED SANITARY SEWER PROPOSED PAVING PROPOSED SIDEWALK EXISTING CONTOUR BUILDING OUTLINE 40 DECIDUOUS TREE EVERGREEN TREE EXISTING CB (TYPE I) EXISTING FIRE HYDRANT EXISTING WATER METER EXISTING WATER VALVE EXISTING WATER BLOW OFF EXISTING WATER LINE EXISTING TELEPHONE RISER EXISTING SS MH EX. UNDERGROUND TELEPHONE EX OVERHEAD TELEPHONE EX. FIBER OPTIC EX. OVERHEAD POWER PRELIMINARY THESE DRAWM08 ARE SUBJECT TO REVISIONS PESOS= LOCAL JUREOIOSONAL OWES WADS (gyp MAY 0, 2006 K- PREL1 MRY CPP-EflE WATEMEWER PLAN l I t'r y c• 5 to 4: L) e:D Ua a. PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE: 03 SHEET REV.: 04 - - 1 P0 5 � LI 2.14T2' morm iiserSEMI T° N leassi - s _ Pu 813 lE P • DISCHARGE -16 - [ - 11 1 5 7 STk. 10++00 - STAND PIPE OFFSET: 2 .51 L "a 1 TOP. ?5 - lEt."2.4 I BOX ACCESS RIM=15.82 1E-10.9 woollows. N.; I 1 SLOT DRAIN --BOX ACCESS R154=15.47 IEl 011 25 2Cot ACCESS 4.80 '6. SOX P r83,t...14 27 1E -10 9 ON 44 H-00 t EX. CU B ' t I ; CIFJC RC W A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. 1- 1 12 • M316,36 j 50 1814 51 t I1NU6Ll - -11 - 110x CE5S 6..4.15. + T .11 1 1 - • BOA ACCESS Rt• - 13 65 5381 RV .18 37 +6=13 5 co 7 EXISTING r PROP +1. 1 DRIVEWAY LONGA EMS71NG CENTERUNE OF PAVEMENT TO DOSING ROAD BE RBACPAED CUREI/GU TIERADEWA IMPROVEA4 ENTRY ADE ELEVA ON AT GRADE EU AT - u TY 901.1 fus 37+1 SITE EXISTING ROW Or ROW.- GRADE AT TOP OF NEW CU 10+40 10+80 11+20 11+60 PROPOSED SAW CUT UNE 4D tic TS ROW -•- OkP CENTERUNE OF R-O-W - 635 P■2061.5 954.1547 STA: 12+06.59 OFFSET: 10.01 L EDGE OF SAW CUT UNE ±16.60 TO JOIN EX. OR. DRIVEWAY 12+00 te° +4 rRY STA: 12+51.54 OFFSET: 10.00 L EDGE OF SAW CUT UNE-416.13 JOIN EX. OR. ID3ST1NG PAVEMENT (TM.) • °'• 0.'1 . 12.31 1 6 10.3 9 ' 4 .42.37 -10.2 PI +.12 37 1E 9.8 11 D SiGN PT. r -EV:7Ni; Lin _1 TY 12+40 12+80 CB 684-12.38 38 6=99 CB E 654-13.82 / 6-5 : 1 • CB RIPA 48 1E.-13 2 A: 12+70.80 OFFSET: 17.78 L IBC/PO-916. - 034 66.0ES5 '5 00 -6-'1 1 oo DEDICATION EX. CI,RB , -4 STA: 12+70.75 OFFSET: 15.08 L EDGE OF SAW s, CUT UNE4415.72 -- \ JOIN EX. G. 13+20 SCALE: HORE r r Ai i' 10 NOR R/R OUTFALL STPUCTURE 13+60 ORLIN GTON ERN OW 20 _ 4, _ 15 10 50 35 30 25 PRELIMINARY 20 0 10 20 THESE DRAY/NOB ARE SUBJECT TO REVISIONS PENDING LOCAL JURISDICTIONAL REVIEW SCALE: r 20' r V MAT S. 2005 PROJECT NO. 04085 DRAWN BY: 'VK ISSUE DA7. 03-07-05 SHEET REV.: 04-12-05 PFIELIMINARY LONOACRE8 WAY PLAN AND PROFILE o4 -66443412 P06 PARKING GARAGE FF. 19.0 VARIES FACE OF BUILDING LONGACRES WAY (PRIVATE ROAD) 20' EXISTING CURB 5= 2.0% (MIN) SAWCUT EX. PAVEMENT TO PROVIDE A CLEAN, STRAIGHT MATCH LINE FOR NEW ASPHALT 20.0' (MIN.) 12' NEW CONCRETE CURB AND GUTTER VARIES (26' MIN.) FLOW UNE 57' A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. 0.5 REMOVE EXISTING PAVEMENT AS REQUIRED (VARIES) PROPOSED EAST PROPER LINE F r r LANDSCAPING (WIDTH VARIES) / NEW 8.0' SIDEWALK 19.0' (TO FACE OF CURB) PARKING STALL S. 2.0% (MIN.) AS -BUILT CL TRACKS REMOVE EXISTING CURB AND GUTTER 30' EASEMENT PER LANOSWAP AGREEMENT 18.8' E.C.C. LANDSCAPING (WIDTH VARIES) 17.3' E. C.C. EXISTING J GRADE UNION PACIFIC RAILROAD RIGHT OF WAY 16.0' PARKING SPACE 24.0' DRIVE ROAD, PARKING AND PAVEMENT SEC77ON A -A (PHASE 1) 14.75' SCALE T - 5' ROAD, PARKING AND PAVEMENT SEC77ON B -B (PHASE I) 43' /' - EXISTING . GRADE SCALE = T -5' EXISTING WEST PROPERTY LINE ROAD, PARKING AND PAVEMENT SEC77ON C -C (PHASE 1) SCALE= T -5' S. 2.0X (MIN.) 100' DEDICATION TO UNION PACIFIC RAILROAD E.C. C. EXISTING — GRADE 26.0' 19.0' PARKING SPACE 3.0' 20.0' DRIVE LANE 3.0' FACE OF — BUILDING S= 2.0X (MIN.) E. C.C. 18.8' PARKING GARAGE FE= 19,0 7.0' SIDEWALK 19.0' 1 -- --- - - - - -r r BUILDING FF- 19 0 C/L SWALE EXISTING EAST PROPERTY LINE PRELIMINARY THESE DRAWINGS ARE SLELIECT TO REVISIONS PENDING LOCAL JURISDICTIONAL REVIEW g d 0 00 w• PROJECT NO.. 04085 DRAWN BY: a..D ISSUE DATE: 03 -07-05 SHEET REV.: 04 -12-05 PREUKNARY 1 0701517TL04707DWO P07 12' N -12 INLET S- 0.0050 18.87' 18.87' 18.87' 12' N -12 INLET S- 0.0050 FOOTING DRAIN. (TYPICAL) ROUTE FOOTING DRAIN TO SWALE C SCUD, 24'0, LOCKING LID. RIM- 18.80 TOP OF UD ELEV.- 18.10 \ WATER SURFACE ELEV.= 18.80 (UVE STORTAGE) WATER SURFACE ELEV.■ 11.60 (DEAD STORAGE) 0_5% 0.5% PROVIDE 3'x 3' OPENING THROUGH INTERNAL WALL (4 REQUIRED) NORTH DETENTION VAULT (PLAN VIEW) 18.87' 72.00' (INTERIOR DIMENSION) 5' BcALEr -10' 3'x 3' OPENING 50.01' (INTERIOR DIMENSION) NORTH DETENTION VAULT (SECTION A -A) PROVIDE OPENING THROUGH INTERNAL WATER SURFAQE WALL ELEV.■ 11.80 (DEAD STORAGE) 3.0' 5.0' (UVE STORAGE) 1.5' (DEAD STORAGE) PROVIDE OPENING THROUGH INTERNAL WALL 000000 000 00.0000:0000:00000000 IIIII Ri1111111111!IIIIIIV11111 f=: I"u. a lr 11 -n a 11 B nrf a -n Ir ►I. =11=n=11=-=1=11=11=;11=11 a JI - n 11 11=n =1r =u =u: �i ;► 72.00' (INTERIOR DIMENSION) BOTTOM ELEV.■ 7.80 6' ELBOW 01. ELEV. - 18.35 8' ELBOW ORIFICE MEV. - 14.85 ORIFICE DUI. - 1.90' 12'0 N -12 CUTLET INV. or Dun - 11.80 5'x 10' REMOVABLE PANEL FINISHED GRADE 5'x 10' REMOVABLE PANEL ( FOOO p TING DRAIN, FOOTING RO DR AIN TO SWALE TOP OF UD ELEV.- 18.10 -7.0' B 16.8? SCALE 1' -4' A r 1 12' N -12 OUTLET S- 0.0050 SEE SECTION B-B, BELOW, RIGHT. - 0.5' MINIMUM FREEBOARD SCUD, 24'9, LACKING UD. RIM- 18.80 `5 0' (UVE STORAGE) X1.5' (DEAD STORAGE) 18.87' PRECAST CONCRETE PANEL FOR VAULT UD. H -20 TRAFFIC RATING. 0.5' MINIMUM FREEBOARD SCALE 1' -4' 2' COMPOST TILLED INTO 8' NATIVE SOIL NORTH DETENTION VAULT (SECTION B-B) AVG. BWALE A B 0 a g e I a IVDIool • Ito it =1=1 gam • an.? PERF. UNDERDRAIN WATER DESIGN DEPTH -0.17' PIPE UNDER SWALE ABM, SECTION A -a UFT ROD. (SEE DTL, THIS SHEET) IDP OF LID SHEAR GATE (SEE DTL, ELEV.- 18.10 THIS, SKEET) 8CALE1 1' - 2' 6' MIN. COVER FILTER FABRIC 5/8'( -) CLEAN DRAIN ROCK DEPTH FLOW - BIO- SWALE- 2' (DESIGN)- 0.17' DEPTH FLOW 100YR OVERFLOW 0- 2.34 C.F.S. D- 0.15' C.F.S. n- 0.027 118LF AT SLOPE - 1.0% 1.0' MINIMUM FREEBOARD BIOALTRATION SWALE( NORTH DETENTION SYSTEM ONLY) SOW, 24'x, LOCKING LID. RIM- 18.80 EMERGENCY OVERFLOW ELEV - 18.80 STRAP TO WALL, 3.0' 0.C. (MAX) ORIFICE ELEV. - 9.80 DRILL A 2.51' DIA. HOLE IN A 12 GA. METAL PLATE WELDED TO BOTTOM OF RISER PIPE. 2.0' (MIN.) PRELIMINARY THESE ORA l APE SUBJECT TO REVISIONS . - - LOCAL JURISDICTIONAL REVEW \ IBAO MAY 0. 2006 SO WN N Z • • r•I w L) a pp PROJECT NO.: 04086 DRAWN BY: DJW ISSUE OATS: 08 -07 -06 SHEET REV.: 04'12-06 DETBITP0N/WATB3 0106001102-- P020W0 P08 PROJECT NO.: 040136 DRAWN BY: D.JW ISSUE DATE: 03•07 - 06 SHEET REV.: 04113 J REVISIONS. 20.00' 1r N -12 INLET 5- 0.0050 FOOTING DRAIN. 1W. ROUTE FOOTING DRAIN TO SWALE B 4 WATER SURFACE ELEV.- 15.50 (UVE STORTAGE) WATER SURFACE ELEV.- 11.50 (DEAD STORAGE) 5'x 10' REMOVABLE PANEL FOOTING DRAIN. (TYPICAL) ROUTE FOOTING DRAIN TO SWALE 44.00' 88.00' (INTERIOR DIMENSION) SOUTH DETENTION VAULT (PLAN VIEW) B BEEGN BELOWW, , RIGHT. 0.5X B TOP U ELEV.- OF 1D 7.00 SCALE 1' -10' SOLID, 24'0, LOCKING LID. RIM- 17.50 TOP OF UD ELEV.- 17.00 SEE SECTION A A. BELOW. Iilli{714111111IM I gil�iifliluiiiltl ll i k k - II` N = - 8.0' - 4 0' (UVE STORAGE) - 3 5' (DEAD STORAGE _ 0.52 _ BOTTOM ELEV.- 7.50 20.00' SOUTH DETENTION VAULT (SECTION A -A) SCALE' P - 4' •ijl '�illl. "iil 9 lillllal li�il 000I00000000I0000 10000 I 00000000000000000000000000000000 WATER SURFACE 44.01' ELEV.- 15.50 (LIVE STORTAGE) A 1 0.5' MINIMUM FREEBOARD EMERGENCY OVERFLOW 8' ELBOW 0F. ELEV. - 14.50 6' ELBOW ORIFICE ELEV. - 14.00 ORIFICE DIA. - 1 .12 r• N -12 OUTLET INV..rwq- 11.50 STRAP TO WALL. 3.0' O.C. (MAX) CRIME ELEV. - 9.50 DRILL A 1.8r DIA. HOLE IN A 12 GA. METAL PLATE WELDED TO BOTTOM CF RISER PIPE. 2.0' (MIL) FINISHED GRADE 8'x 10' REMOVABLE PANEL 4 SOLID, 24'0, LOCKING LID. RIM- 17.50 12' N-12 OUTLET 5- 0.0050 PRECAST CONCRETE PANEL FOR VAULT LID. H -20 TRAFFIC RATING. ■ WATER SURFAQE ELEV.- 11.50 (DEAD STORAGE) 1= 1I= 11 =11 =11= 11 =11 =11= 11=11- 11 =1f= 11-11= 11 =11= =11 =11=11= 11 =11-11- .IL= 11= 11 =11 =11 =11= A -II -11 =.11 =11 =11 =11 =1 88.00' (INTERIOR DIMENSION) REMOVABLE WATER- TIGHT COUPLING. ON1 OAP ELBOW SOUTH DETENTION VAULT (SECTION B -B) SCALE' - 4' HANDLE WITH LOCK PIN ADJUSTABLE LOON HOOK WITH LOCK SCREW. 1'O ROD OR TUBING. VARIABLE LENGTH. LIFT ROD 8.0'- LIFT HANDLE SHALL BE ATTACHED PER MANUFACTURE'S RECOMMENDATIONS. FLOW RESTRICTION ELBOW 6' MIN. SEE SECTION , ABOVE, LEFT A -A 0.5' MINIMUM - TOP OF LID FREEBOARD ELEV.■ 17.00 -4.0 (LIVE STORAGE) 3.5' (DEAD STORAGE) FRONT PLAN VIEW AT SUMP 00000000 MAX. OPDINO CP GATE Ji B E ▪ ATTACHED PER MANUFACTURrEl E0I NDILY SPACED ROLES COON CTII BOLTING a SHEAR GATE SCALE T - 4' 1. SEAR GAIT SMALL BE ALWDIW ALLOY PER ASIM X76 -ZO- S2a OR edema ABM M! MASS 306 AS REQUIRED. 2. GAT! TIMM. BE r DIA. FOIL PIPE iE' OR IN DIA. 12' DIA. FOR PIPES GREATER THAN 1P'. s B R O THR GH JCOTED RARAII� TEE SECTION BY 4. LIFT ROD= AS SPOOFED OVUM M ll RANDLE EMEND TO MOIL ON! FOOT OF COVER AND UPPER ABLE HOCK LOCH FASTENED 10 FRAME OR 6 GAS SHALL NOT OPEN MOD THE CLEAR OPENING BY LIMT OD MEN[ NOWDIDIT, STOP TAB CR SOME OTTER MICE. 6 NEOPRENE RUBBER GABET REQUIRED EETIEEN MLR MOUNTING FLANGE AND QAl! FLANGE. 7. MATING SURFACES OF LID AND BODY TO BE MACHINED FOR PROPER RT. a HAM MOUNTING 6 . ROTS STALL B! 3/B' DNA 6 ALTERNATE PRR mED THEY L THE MAIEMAL SPECIFICATIONS ABM PRELIMINARY 114333 OWNS= A S SUBJECT TO IIOVBIONB . - - LOCAL . URE:11 RONAL REAM ISOMsa MAY I, 20 0 4 dh! QUALITY DETDETAi..9 J O4006D902- POaJrip P09 PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE: 03 -07 -05 SHEET REV: NGVIS1UNS: NGVISIONS HGN 60A ACCESS RIM =13.90 IIE BOX -17.0 f IE 72 - 17.5 CB RIM =14.03 E -11 = STAND PIPE - / TOP =75.31 CB IC a ✓ / IE =11.9 rJ stair( S 4 'PIERS B TYPE II PUMP STA RIM =16.77 IE -±6.9 BTM =6.2 :B TYPE II 114 =17.39 E -73.2 3 RIM =16.40" -15.1 IE -14.9 BOX ACCESS Itt RIM -15.71 IE =11.3 IE =14.6 :B TYPE II i1M -17.15 If E W =14.5 E E =14.1 E ll 1 =17 I2 (W) =13.5 30 '((N/S) =72.2 IE =12.4 BOX ACCESS RIM -15.62 IE =10.9 BOX ACCESS RIM =15.47 LOT O,_ RAI BOX ACCESS RIM =14.80 IE =10.9 BOX ACCE RIM =14.27 IE =1 BOX ACCE RIM= 13.6 IE =10.9 BOX ACCESS RIM =15 87 IE =11.1 BOX ACCESS RIM =16.47 IE =17.1 BOX ACCES RIM= 16.00 IE= 11.1 CB RIM - 15.16' E=16.5 CB TYPE II RIM -17.15 1E -13. B TOPE 11 RIM -17.28 IE -13.5 Eft, CB 71 R • (5) -12. (S) -12..4 B 4 CB R64.15.82 IE =11.9 B TYPE II RIM -15.50 IE (E) -12.4 IE (W -11.6 IE (S)=11.7 AIN I I � a CB RIM -15.48 l y IE =13..2 I \ � ) I NB SON PL P.BP. AND L WALL STRUCTURE ELEV -1 1.15 CATCH BASIN INFORMATION CB A CBD RIM =12.31 RIM -12.38 IE =10.3 IE -9.9 CB B CB E RIM -12.37 RIM -13.82 IE =10.2 IE =9.9 CB C RIM -12. .37 IE -9.8 A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. --- ,xee9rair 27:19 - - -- f- �RMBt4B -._. I r NOTE w tw,r h /FEW ` CB RIM =15.23 E =13 N :E =9.361 SURVEY INFORMATION PROVIDED BY EASTSIDE CONSULTANTS. INC. 415 RAINER BLVD. N. ISSAQUAH, WA 98027 PHONE: (425) 392 -5351 CS TYPE II RIM -14.09 IE 24' CONC - 8.8 ■ or 50 0 25 50 SCA1T - 50' PRELIMINARY THEM DRAWPIOB AR3 SUBJECT TO REVIBIONB P@OIq LOCAL JLIFISOICTIONAL REVEW 3 WN NZ EX ING COPCmT10N MAP l I-P,ODWB P10 RENASIONS: REVISIONS PER 2.; -c 1\ — • • • • • QA ■■ ■■ ■..Q • t ; .`• % 7' . 1 ,1 tr , T.L 0005800013 oasnNG PROPERTY LINE PROPOSED PROPERTY LINE FOLLOWING LANDSWAP EXISTING PROPERTY UNE A PORTION OF SOUTHWEST 1/4 OF SOUTHWEST 1/4 SEC. 24, T. 23 N., R. 4 E., W.M. PROPERTY LINE SHOWN ON PLANS ONO i FUTURE PROPERTY UNE FOLLOWING LANDSWAP 137 • BEFEJVCITON NORTI-ERN R/R WON PACF / \ - ' • • . , - ,,,"",. .1 • • ,. .., ". . • , ,. ,' ,. .... 1 \ • • NORTH LINE HENRY A. MEADER D.C. 48 SOUTH LINE GOVERNMENT LOT 8 SEC 24, T.23 N, R 4 & W.M. LOT 2 T.L. 2423049137 • • um •■.* -= ." • EXISTING PROPERTY UNE ,\ • . \ \ :p/■""" -44-4■•••"'r. , . • ;". • .77 • • / • • • \ • •' PROPOSED AREA 70 BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. ±59.180 SF. T.L 2023049029 • \ .202304903 / • , • • . • — PROPOSED AREA TO BE DEEDED FROM PACIFIC COMMERCIAL PROPERTIES, INC 70 THE CITY OF TUKWILA 103,525 S.F. ° NOTE: LANDSWAP INFORMATION PROVIDED BY: EASTSIDE CONSULTANTS, INC. 415 RAINER BLVD. N. ISSAQUAH, WA 98027 PHONE: (425) .392-5.351 PROPOSED AREA TO BE DEEDED FROM THE CITY OF TUIOWLA TO PACIFIC COMMERCIAL PROPERTIES, INC. ±38,590 SF. AS BUILT TRACKS s. 50 0 25 50 SCALE: 1' 50' PRELIMINARY THESE DRAWINGS AYE SUBJECT TO REVISIONS PEPOBSO LOCAL JURECICI1ONAL REVIEW \VACS ISMS MAY S. 2008 PROJECT NO.: 04085 DRAWN BY: AA ISSUE DATE: 03 SHEET REV.: 04 I LANDEMAP PLAN L6,s elVW S,Z10553SSV 010 03:56 L (%.0V:5 7PI - Ha -S2 MN aas I.8'•Z£1 b8 -La 10 9 N 3Q 03SIAja dVW J A O z 1 .4 p 9_ . .001 ) 31VOS 1 2 12 M gLS! . 3)1 Vi TUKWILA STATION FOR PACIFIC COMMERCIAL PROPERTIES PO. BOX 53405 BELLEVUE. WA 88015 PHONE• (425) 453 -4384, FAX (425) 453 -4385 EMAIL. TUKWILA, WA 04/11/2005 16:43:26 04085 NEIGHBORHOOD C12 -XES8- by Xerox Corporatton9.5.3 I g b pa � o ;'/%3 ' ..�%� I b < _ A A .47 i4 � Pin U _ 1 4 4 Pacific 4180 LIND AVE. S.W. Engineering RENTON, WA 98055 PHONE Design, LLC FAX) -8811 (425) 251 251 -8880 WEB SITE. PACENG.COM Civil Engineering and Planning Consultants M N . • 1 arLLL 61 I wevat8nsv3N 31.V811370 AtItHS al 0331 154 9 [WV A183d08d 850A 9511v30, 18 @NUSIssv l Sheet L 1.1 Sheet L 1.2 UNION PACIFIC R/R *44 BURLINGTON NORTHERN R/R Sheet L 1.3 1'. U IIII i■w■ north I o I 25 100 SCALE: 1" = 50' Glenn Takagi Landscape Architect 18550 Firlands Way N. Suite 6102 Shoreline, WA 98133 (206) 542 -6100 FAX: (208) 546 -1128 Project No.: Drawn: Checked: Revisions: C CD a a_ Sheet GT /TV GT Drawing Issue: 3 -8 -05 Review Plan L 1.0 fl a! L7 g a 8 PLANT SCHEDULE Qty. Symbol Botanical /Common Name TREES: 01 ED 0 0 A. a a 0 CHAINLOCK TIES MIN. 1.5 x 1.5 IN. APPROVED STAKE MATERIAL ALL STAKES SHALL BE DRIVEN OUTSIDE THE EDGE OF THE ROOT BALL. AMENDED BACKFILL 18"— DEEP pp ROOT BARRIER SET 1/2 BELOW GRADE ON TO "1 BE PROTECTED. COMPACTED AMENDED BACKFILL TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOT PRESSURE SO THAT ROOT BALL DOES NOT SHIFT. Acer c. 'Queen Elizabeth' / HEDGE MAPLE Acer g. 'Flame' / AMUR MAPLE Calocedrus decurrens/ INCENSE CEDAR Carpinus b. 'Columnaris'/ COLUMNAR HORNBEAM Chamecyparis o. 'Gracilis' / HINOKI CYPRESS Fagus s. "Purpurea'/ COPPER BEECH Magnolia v. 'Henry Hicks' / SWAMP MAGNOLIA Magnolia g. 'St. Mary'/ EVERGREEN MAGNOLIA Pyrus c. 'Trinity'/ FLOWERING PEAR Pinus densiflora 'Umbraculifera' / TANYOSHO PINE Rhus typhina / STAGHORN SUMAC SHRUBS /GROUNDCOVERS Arbutus unedo/ STRAWBERRY TREE Cistus x purpureus / ORCHID ROCKROSE Daphne b. 'Carol Mackie' / DAPHNE Epimedum x versicolor 'Sulphureum' / NCN Ilex c. 'Convexa' / BOXLEAF JAPANESE HOLLY Juniperus c. 'Torulosa' / HOLLYWOOD JUNIPER Kalmia I. 'Ostbo Red/ Albo'/ MOUNTAIN LAUREL Myrica californica/ PACIFIC WAX MYRTLE Nandina domestico / HEAVENLY BAMBOO Pinus mugo 'Pumillo' / COMPACT MUGO PINE Potentilla f. 'Moonlight' / CINQUEFOIL Sarcococco humills / LOW SARCOCOCCA Coreopsis verticilata 'Moonbeam' / COREOPSIS Gaultheria shallon/ SALAL Hemerocallis 'Hyperion' / DAYLILY Mahonia repens / CREEPING MAHONIA Pennisetum a. 'Hameln' / DWARF FOUNTAIN GRASS LAWN TIGHTEN TIES ONLY ENOUGH TO KEEP FROM SUPPING. ALLOW FOR SOME TRUNK MOVEMENT. CHAINLOCK SHALL BE LONG ENOUGH TO ACCOMMODATE 1.5 IN. OF GROWTH. 0 DECIDUOUS TREE PLANTING NOT TO SCALE Size /Remarks min. 2 -1/2" cal., street tree form min. 2" cal. min. 6'0" hgt. min. 2 -1/2" cal. min. 8'0" hgt. min. 4" cal. min. 2" cal. min. 8'0" hgt. min. 2" cal., single trunk min. 6'0" hgt., specimum quality, submit photograph, approval. min. 3 canes at 40 min. 42" hgt. min. 18 spr. min. 21" spr. — compact min. 1 gal., full. min. 18" spr. — compact min. 50" hgt. min. 24" spr. min. 36" spr., bushy min. 24" spr. min. 21" hgt., non — sheared min. 15" spr. min. 12" spr., spreading forms. gal. gal. gal. gal. gal. ® 36" O.C. at 24" o.c. ® 30" O.C. ® 24" 0.C. at 24" o.c. * Plant sizes are specified per the American Standard for Nursery Stock, Publication —May 2, sponsored by the American Association of Nurserymen, Inc. EACH TREE MUST BE PLANTED SUCH THAT THE TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOT BALL TREES WHERE THE TRUNK FLARE IS NOT VISIBLE SHALL BE REJECTED. DO NOT COVER THE TOP OF THE ROOT BALL WITH SOIL 4 IN. HIGH EARTH SAUCER BEYOND EDGE OF ROOT BALL FINISH GRADE LANT PIT WITH ANGLED SIDES ROOT BALL IF PLANT IS SHIPPED MTH A WIRE BASKET AROUND THE ROOT BALL, CUT THE WIRE BASKET IN FOUR PLACES AND FOLD DOWN 8 IN. INTO PLANTING HOLE. SET TOP OF ROOT BALL FLUSH TO GRADE 1 -2 IN. HIGHER IN SLOWLY DRAINING SOILS. 1986 Fra I TABLETO' APRON UNDERGROUND VAULT ACCESS GATE TEMPORARY PLANTING IN UNION PACIFIC R O.W. COORDINATE PLANTING WITH UNION PACIFIC RAILROAD AND THE CITY OF TUKWILA. FIRE HYDRANT 4 o et s O 1► _ GRASSGRID PAVERS WITH THYME INFILL PLANTING CANOPY SHELTER PLANTER (LOW) north 0 10 20 SCALE: 1" = 20' I CONTAINER PLANTER I LIGHT BOLLARD 40 1 Project No.: Drawn: Checked: Glenn Takagi Landscape Architect 18550 Flrlands Way N. Suite *102 Shoreline, WA 98133 (208) 542.6100 FAX: (206) 548.1128 CU �I I I 1 1 1 I Revisions: 1 1 1 I la_ GT / TV GT Drawing Issue: 3 -8 -05 Review Plan t 0 0 Sheet L 1.1 mid• i' itm�" 9e�3eees f' ie6ca e6a $i•.................lit -;:r,, ' . i I I I I 4 • 0 UNION PACIFIC R/R TEMPORARY PLANTING IN UNION PACIFIC R.O W. COORDINATE PLANTING WITH UNION PACIFIC RAILROAD AND THE CITY OF TUKWILA. BENCH ON TAIN ER PLANTERS FIRE HYDRANT FIRE HYDRANT TABLETOP CROSSING to i!fii8 �t a.I Q i!tl : �t 0 A ♦foulom. h'i:' o... j S ri! \ ♦►.� . ►�. � �lh W Ilya;.�YC: ,�►�;►v:J...:O:O :: c 3'\ ♦�': ♦0 11i:Jitr:0 r- - - 0y� y.�. r . p/8. ep "..' _.`r, , .. _ °.e - ..;�, .•. Bldg 3 ♦\ ♦[„K�� ♦ty7,\. cI - • • i ♦ C f m 71V!J.,t 4uG feCi : �J.►� \ ♦. \�� ♦,O� �C.:n,.. = N ♦►�i ♦►♦. __. \�♦. \���_ �♦.\♦ r riritir`�' i i( M:s ,,,,• ` rr y ji _ ro r3 Vj 4y if/, i � . b �,' r� ", ' ,A o pt ; `Tll 1.P i 1. � \''��q + t .,�.' OO� �� , :n.��i ".1 ri \ ♦100:0 •• O.:yO�:IOOHhO''�•'.( 00 Q 7 ✓{, iG 0' �OT•'0. Jw�a�O� \����Oi1'� 6,• Oeil' ��,, ♦ O Off "� N )� •. �:ic e : e .. ga• r • O 0 �Oleulel' '. I= 0,10.)♦I(Oiey��.: �0�� O_OY•O O • +iC . Jim♦•.. L �� TABLETOP CROSSING PLANTING NOTES' • Planting soil for shrubs /groundcovers shall be deemed as new topsoil /compost cultivated into existing prepared subgrade. Trees shall be pit planted with prepared planting holes being a minimum twice as wide as the rootball and at least nine inches (9 ° ) deeper. • Soil Preparation: Cultivate shrub bed subgrade to a minimum depth of ten inches (10 ") and clean /remove all rocks, roots, debris over two inches in diameter. Lay a two inch (2 ") depth of Compost over entire bed and till again to a minimum depth of ten inches (10") to incorporate Compost thoroughly into grade. Then lay a two inch lift of Compost and till again. • Fertilize all installed plants during backfill operations with 4 -2 -2 Agro Transplanter as recommended by Manufacturer. • Substitutions or changes In materials and placement shall be made only on the written change orders as agreed between Contractor, Landscape Architect and Owner. • Mulch all beds with a minimum 2 inch (2 ") depth of approved 'mulch'. • Stake trees as directed by Landscape Architect. • The Landscape Architect retains the right to inspect trees, shrubs and groundcover for compliance with requirements for plant size and quality at any time. This includes but is not limited to size and condition of rootballs, root systems, insects, latent injuries and defects. Remove rejected material immediately from project site. GRASSGRID PAVERS WITH THYME INFILL PLANTING .I. P. CONCRETE BENCHES LIGHT BOLLARD SECURITY FENCE • Upon completion of the inspection, the Landscape Architect shall amend the Contractor's list of items to be completed or corrected (Punch List) and indicate the time period for their completion or correction. This shall constitute Substantial Completion and Provisional Acceptance shall be granted at this time. The Landscape Architect will make an inspection for Final Acceptance of the Work upon request by the Contractor. If all of the items of the Punch List have not been completed to the satisfaction of the Landscape Architect, additional inspections will be scheduled of the request of the Contractor. Final Acceptance shall not be granted until all of the items of the Punch List have been completed to the satisfaction of the Landscape Architect. At this time the Landscape Architect shall certify in writing the Final Acceptance of the Work. • Replacement of Plantings: Remove from site and replace with new planting, at your expense, any plant that Is either dead or In unsatisfactory condition, as determined by Landscape Architect as soon as conditions permit within normal planting season. All replacement plantings are then to be under reinstated guarantee period, as specified. Identify these replacements and take whatever necessary steps to prevent similar demise of plant materials. • Warranty. This Warranty shall include replacing and planting same size and species of plant material shown on Drawings that is designated to be replaced by the Landscape Architect. Except for loss due to excessively severe climatological conditions (20 year weather charts), installed plant materials are required to be guaranteed until the end of one growing season against defects and unsatisfactory growth, except for cases of neglect /abuse by Owners /others. All plants replaced shall be reinstated under plant guaranty conditions. TABLES/ SEATING ANOPY SHELTER ARBOR LIGHT POLE ON TAINER PLANTERS C.I.P. BENCH TEMPORARY PLANTING IN UNION PACIFIC R.O.W. COORDINATE PLANTING WITH UNION PACIFIC RAILROAD AND THE CITY OF TUKWILA. j' r�_ FIRE HYDRANT LIGHT BOLLARD north l0 20 SCALE: 1" = 20' GENERAL NOTES' • Coordinate work with other trades as required. Determine location of underground utilities and perform work in a manner which will avoid possible damage. Coordinate with Utilities Underground Location Center and Owner for locations of existing underground utilities, etc. servicing or routed through the site. * Provide protection of all property, persons, work in progress, structures, utilities, walls, walks, curbs and paved surfaces from damages incurred arising from this work. The Contractor shall pay for any such damage at no additional cost to the Owner. • During construction, keep pavements, building clean. Protect site and adjacent properties from damage due to construction operations, operations by other Contractors /trades and trespassers. Unfinished and completed work shall be protected from damage by erosion or trespassing, and proper safeguards shall be erected to protect the Public. • Staking and Layout: Immediately notify Landscape Architect in writing of any variance between plans and actual site. Landscape Architect has the right to adjust the location of elements. Verify layout with Landscape Architect prior to any Installation work. * Verify installation conditions as satisfactory to receive work. Do not install any site elements until any unsatisfactory conditions are corrected. Beginning of work constitutes acceptance of conditions as satisfactory. When conditions detrimental to plant growth /constructed elements, are encountered such as rubble fill, adverse conditions, or obstructions, notify Landscape Architect. TABLETOP CROSSING 40 Project No.: Drawn: Checked Revisions: Glenn Takagi Landscape Architect 18550 Finands Way N. Suite 0102 Shoreline, WA 88133 (208) 542 -8100 FAX: (206) 546 -1128 Drawing Issue: 3-8-05 Review Plan GT / TV GT Sheet L 1.2 1 r . CONTAINER PLANTERS GRASSGRID PAVERS WITH THYME INFILL PLANTING I S 2 ROUND PRESS. TREATED PINE POLE E (OR APPROVED EQUAL SET TO LE OF PREVAIUNG WIND . PLANTING BACKFlLL PER SPECIFICATIONS SECURE W/ LOOP OF CHAINLOCK. O CONIFEROUS TREE PLANTING NOT TO SCALE WOOD CHIP MULCH PER SPECIFICATIONS FORM 8' HIGH CONTINUOUS WATER BASIN ' - _ UNDISTURBED NATIVE —'T� =i SOIL OR COMPACTED SUBGRADE TEMPORARY PLANTING IN UNION PACIFIC R.O.W. COORDINATE PLANTING WITH UNION PACIFIC RAILROAD AND THE CITY OF TUKWILA. ROOTBALL DEPTH O SHRUB PLANTING NOT TO SCALE LIGHT POLE DEPTH PER SPECS SILICONE SEALANT PR SLAB PICNIC TABLE B&B OR CONTAINERIZED SHRUB, TYP SET ALL PLANTS AT NURSERY LEVEL MIN 2' -3' OF MULCH (PER SPECS) SHRUB ED SOIL PREPARATION DEPTH (SEE SPECS) FINISH GRADE TOP UURR � l 22/�F RDING FROM NATIVE BACKFILL WITH SOIL AMENDMENTS (SEE SPECS.) UNDISTURBED SUBGRADE PROVIDES FIRM BASE SO THAT OOTBALL WILL NOT SINK) LINTER POT IRRIGATION PIPE I �III 2 ON. PVC RISER .03 kora1/42 VW` SIG TVM i.maez�`°"°'nmcvv" .. DRAIN HOLES, COVER — WITH APPROVED FILTER FABRIC. CUT CHANNEL IN PROTECTION FIBERBOARD TO ALLOW FOR FREE FLOW POT ORANAGE. PROTECTION BOARD IIIN. 2' DOM. HOLE THROUGH PAVER O ROOF DECK POT IRRIGATION 2 N.T.S. NOT TO SCALE PER LANDSCAPE TYPICAL SPACING PLAN ®GROUND COVER PLANTING \ \ \ \ SCALE: I" = 20' w JUTE FABRIC UNDERNEATH BARK MULCH ON SLOPES OVER 2.1 MIN 2 - MULCH (PER SPECS) FINISH GRADE TYPICAL GROUND COVER PLANTED AT NURSERY LEVEL - -SOIL AMENDMENT MIXED WITH NATIVE SOIL (SEE SPECS) SCARIFIED SUBGRADE (SEE SPECS) Project No.: Drawn: Checked Revisions: Glenn Takagi Landscape Architect 18550 Fjrlantla way N, Suite #102 Shoreline, WA 88133 (206)542 -61W FAX, (206) 548 -1128 C 0- 0 C C 0 GT / TV GT Drawing Issue: 3 -8 -05 Review Plan Sheet L 1.3 \®ate ®61'A.09eoebneee1oeh' i ��{ f uop.gnala ispa -y_poN - fiwplin9 NOIIVIS ` ut *faxzx rma TUKWILA STATION Building 2&3 - West entry Dept. Of Community Development City of Tukwila AFFIDAVIT OF DISTRIBUTION /, i/L4.;.Li liAckti HEREBY DECLARE THAT Notice of Public Hearing Determination of Non - Significance Project Name: � -(c- 1q S' l Y V\ Notice of Public Meeting Project Number: LO C / 1-- Mitigated Determination of Non - Significance Mailer's Signature: Board of Adjustment Agenda Pkt Determination of Significance & Scoping Notice Board of Appeals Agenda Pkt Notice of Action Planning Commission Agenda Pkt Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit — __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other t k e. c ° r � e,o0 r,,.,— 420,n0, Was mailed each of the addresses listed on this 7 day of / in the year 2019 P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM Project Name: � -(c- 1q S' l Y V\ h ) K- - c4.9 - Project Number: LO C / 1-- S ---- Mailer's Signature: Person requesting mailing: 1J Was mailed each of the addresses listed on this 7 day of / in the year 2019 P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM PROPERTY EXHIBITS ATTACHMENT C 0 PROPOSED PROPERTY EXHIBIT IL PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL ao5 ,� SCALE: 1" =200' 0 g r r y a � QV I r • I ■ SO. 158TH ST AS BUILT CL TRACKS 100 200 LONGACRES - ' WAY i 1 AS BUILT C TACKS '30'EASEMENT 141,134.17 sct ft PROPOSED PROPERTY EXHIBIT L PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL r 1 ' . N\ON� P j ►`� A5 BUILT C TACKS AS BUILT TRACKS S 0 100 200 SCALE:1 =200' O. a ka I L Iy S O. 158TH ST LONGACRES WAY CONSTRUCTION STORAGE & STAGING AREA PROPOSED PROPERTY EXHIBIT ITT PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL t ao5 ,� AS BUILT C TACKS AS BUILT CL TRACKS 100 J ■ C J g kn 1 = I ■ N SO. 158TH ST 43' LAND SWAP 59,187.70 sci ft 200 ■ SCALE:1" =200' id I Z I 1 2 LONGACRES�' WAY REVIEW CRITERIA The review criteria for various types of projects are shown below. Please discuss development consistency with each criteria. Then, refer to the Tukwila Comprehensive Plan for project consistency with the policies. Please note that more than one category of policies may apply. Criteria for Conditional Uses (TMC 18.64.030) 1. The proposed use will not be materially detrimental to the public welfare or injurious to the propert944 . improvements in the vicinity. '�O �i F 'yT 1.8.1: Restructure zoning ordinance to allow mixed uses along designated transportation corridors. 1.9.1: The Tukwila Urban Center shall be developed as a high - intensity retail, commercial or light industrial area of regional significance, with mixed use residential uses. 3.2.7: Encourage a full range of housing opportunities for all population segments by actions including, but not limited to, revising the Tukwila development codes as appropriate to provide a range of housing types. 2. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. The proposed development meets all TUC Basic Development Standards per TMC 18.28.080. The project also meets requirements for parking. 3. The proposed development shall be compatible generally with the surrounding land uses. Existing development in the area is commercial and industrial and impacts to the surrounding properties would generally be the same as those anticipated under the existing code. 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. 13.3.8: Continue to encourage the use of rideshare, transit, bicycle and evolving technological transportation improvements. 10.1.4: Allow residential in proximity to water amenities or within walking distance of the Sounder Commuter Rail /Amtrak Station, subject to special design standards. 13.4.15: Encourage transit - oriented uses and development patterns in the vicinity of high - capacity transit stations. 5. All measures shall be taken to minimize the possible adverse impacts which the proposed use may have on the in area which it is located. • Building setbacks and height are substantially less than the existing development standards. • Over 70% of the parking is located in a parking structure thereby minimizing the impact on surrounding uses. • Extensive pedestrian plazas and linkages are proposed that will tie into the rail station, and the impact on traffic and parking will therefore be substantially reduced. H: \Projects \M0415 - Tukwila Station \0415 City of Tukwila \0415 CUP_Review Crit. 3- 4 -05.DOC, 03/04/05 ATTACHMENT D Architecture & Planning rma Rutledge Maul Architects, P.S. Inc. • Background Tukwila Station Tukwila Station is a mixed use multi - family residential project with approximately 294 multi- family units and 5,000 sq. ff. of retail space and associated common area facilities and parking. The site is located between the Union Pacific and Burlington Northern railroad tracks with Longacres Way along the south. The Sound Transit Commuter /Amtrak Rail Station is just to the south of the site. The site is within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center (TUC). The project is consistent with the proposed (TUC) subarea plan. While the new subarea plan has not been officially adopted as yet, the City Council and Planning Commission have approved code criteria to allow higher density, and adjusted parking ratios that reflect the sites location adjacent to the rail station. The following is a summary of the project compliance with the City's design criteria. Site Planning 1. The integration of the building and site plan into the neighborhood is skewed by the fact that it is between two railroad lines and abuts 1405 to the north. However, the design will blend with the proposed future rail station and its development as well as future mixed use projects on adjacent properties. 2. There are no existing trees or plant material and the site is virtually flat, so no integration with existing features is not relevant/ 3. The site plan has been developed to emphasis the pedestrian link to Longacres Way and the adjacent rail station. The main building is set back from Longacres Way to form pedestrian plazas with retail shops at the street level. 4. The apartment structures all open onto a common deck level. This common plaza runs the length of the site from north to south and will allow pedestrian traffic between all buildings and common facilities. There will also be private decks and patios for many of the units. 5. Primary common facilities are located in the southerly building on the deck level. These facilities include a theatre, meeting /party room, exercise /spa facility, business center with conference room, and associated restrooms. These uses will open out onto the common plaza area above the parking garage. There will be a secondary exercise facility and meeting /party in the northerly building that opens out onto the deck area. • 6. The common deck area will also serve as a pedestrian link to a small open space park area located to the north of the site. 19336 47th Ave. N.E. Seattle, WA 98155 (206) 440 -0330, FAX (206) 362 -4381 Attachment E Tukwila Station 3 -7 -05 BAR submittal Building Design Landscape and Site Treatment Rutledge Maul Architects, P.S. Inc. 19336 47"' Ave. N.E. Seattle, WA 98155, (206) 440 -0330, FAX 362 -4381 0 CO 7. There is street level parking at the south side of the building adjacent to Longacres Way which will accommodate retail use and guest parking. The bulk of the parking (nearly 70%) will be located in a parking structure below the common plaza. 8. The height of the buildings (5 stories above the parking structure) is in scale with nearby existing hotel and commercial structures. 1. The building design is complementary in scale to neighboring structures. The Boeing Offices are to the east and several multistory buildings are to the west. 2. The main mixed use building fronting Longacres Way presents a pedestrian plaza with retail shops on the street level, with 5 stories of apartments above. The parking structure begins behind the retail shops and forms a base for the three separate 5 story apartments. 3. The mixed use building with its shops and main building entry is designed to present the images reminiscent of a train station with the use of brick and dark green metal storefront and canopies above the retail shops. Stucco, and other siding materials, as well as color variation are used to further reduce the overall scale of the building. There is also substantial building modulation both in the height and plan view of the building. 4. The two apartment buildings to the north of the main building will have similar detailing and complementary color schemes. Covered decks, building entry detailing, and other features will provide a variety of design for the overall project. These buildings also feature extensive horizontal and vertical modulation. 5. Mechanical equipment will be fully screened with raised parapet walls at the roof level. These have been integrated into the building mass and tied in with stair and elevator penthouses. 6. Site lighting has been laid out to provide exterior building lighting that is appropriate for the various uses. The retail plaza area will have a combination of pole mounted and face mounted lights (see attached catalogue cuts) that highlight the retail uses and provide pedestrian lighting. 1. The site is unique in that is surrounded by the freeway and the railroad. The site is also flat and has no existing trees or shrubs. Compounding this is the land swap issue which requires a two phase approach to the site planning. Some initial parking will be located on the east side of the building, but this will subsequently be relocated to the west side of the property when the final land swap is completed. Therefore, landscaping has been designed to accommodate these changes. 2. The main focus will be on the south side of site abutting Longacres Way. Street improvements including an 8' sidewalk with street trees will be constructed. In addition, parking at the front of the retail areas will have planting islands, and there will be trees incorporated into the plaza layout to shade outdoor tables. ti Tukwila Station 3 -7 -05 BAR submittal 3. The main common deck area will have extensive landscaping that will create a variety of areas for common use with seating areas, and pathways linking the project from north to south. These will also tie into the pedestrian links to the rail station to the south. Comprehensive Plan Issues Comprehensive Plan policies support mixed use residential development in this area. The following are specific policies that support the project: • 1.9.1: The Tukwila urban Center shaft be developed as high- intensity retail; commercial or [ '/l t industrial area of regional significance, with mixed use residential uses. • 3.13: Provide zoning capacity within the Tukwila Urban Center for housing units. • 10.1.4 Allow residential in proximity to water amenities or within walking distance of the Sounder Commuter Qaif /Amtrak Station, subject to special design standards. • 133.8: Continue to encourage the use of rideshare, transit, bicycle aruf evolving technological transportation improvements. • 13.4.5: Encourage transit - oriented uses and development patterns in the vicinity of h0- capacity transit stations. Rutledge Maul Architects, P.S. Inc. 19336 47'" Ave. N.E. Seattle, WA 98155, (206) 440 -0330. FAX 362 -4381 COMMENTS RECEIVED IN RESPONSE TO THE NOTICE OF APPLICATION ATTACHMENT F April 11, 2005 VIA HAND DELIVERY Department of Community Development 6300 Southcenter Blvd., #100 Tukwila, WA 98188 Re: Tukwila Station Proposal by Pacific Commercial Properties File Numbers: L04 -014, L04 -015 and E05 -003 Dear Department of Community Development: The Boeing Company has serious concerns regarding the traffic impacts to our site that would result from this proposed development and how these impacts will be mitigated. Accordingly, we are retaining a traffic consultant to review the traffic impact analysis submitted by Pacific Commercial Properties for the Tukwila Station project. As soon as our traffic consultant has reviewed the traffic impact analysis documents, we will contact the City to discuss further. Please consider this letter as my request to be a party of record for this matter. I can be reached at (206) 544 -0182 if you have any questions. Sincerely, Shaunta R. Hyde Manager, Local Government Relations The Boeing Company Cc: Jeff Adelson, Boeing Realty Corporation Rick Ford, Facilities Planning, Boeing Laura Whitaker, Perkins Coie Minnie Dahliwahl, City of Tukwila [/Tukwila Station Appeal letter] T :15 liciE-ing Comp •,) P.O. Box 37G7 Seattle, VIA 98124 -2207 RECEIVED 'APR 11 20051 COMMUNITY DEVELOPMENT Laura N. Whitaker PHONE. 206.359.8584 FAX: 206.359.9584 EMAIL Iwhitaker@perkinscoie.com April 14, 2005 BY FACSIMILE AND HAND DELIVERY Minnie Dhaliwal Senior Planner City of Tukwila Dept. of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 -2544 Re: Tukwila Station Dear Ms. Dhaliwal: RFC r« r 'APR 14 2005 CO D ,. , EfEL ,y OPfiNE� Perkins COIF 1201 Third Avenue, Suite 4800 Seattle, WA 981ot -3099 PHONE: 206.359.8000 FAX: 206.359.9000 www.perkinscoie.com As you know, we represent the Boeing Company ( "Boeing "), which owns the Longacres Office Park ( "LOP ") property located along the northeast/northwest boundary between the Cities of Tukwila and Renton. Boeing has conducted planning and environmental review supporting commercial development of the LOP property, with a horizon year for SEPA purposes of 2010. As documented in the 1994 LOP EIS and addressed in the Transportation Mitigation Agreement between Tukwila and Boeing dated December 20, 1995 ( "Tukwila/Boeing Agreement "), LOP at full buildout is forecast to distribute 1,831 vehicle trips into the Tukwila transportation system.' 1 Additional SEPA review was conducted by the City of Renton in 2001 supporting an increment of additional LOP commercial development. The traffic study conducted as part of that SEPA review concluded that the additional LOP development area proposed would not generate vehicle trips in excess of those forecast by the 1994 LOP EIS. [03003- 0104/S B051040.007] ANCHORAGE • BEIJING • BELLEVUE BOISE • CHICAGO DENVER HONG KONG LOS ANGELES MENLO PARK OLYMPIA • PHOENIX PORTLAND • SAN FRANCISCO SEATTLE • WASHINGTON, D.C. Perkins Coie LLP and Affiliates Minnie Dhaliwal April 14, 2005 Page 2 As a neighboring property owner and developer, Boeing has the following comments on the proposed Tukwila Station project: 1. The transportation analysis does not appear to account for pipeline projects other than the Westfield Shoppingtown Southcenter Expansion. See, Tukwila Station Traffic Impact Analysis at page 7 dated February 24, 2005. But as noted above, the impacts of the LOP development, which has begun and is anticipated to continue at least until 2010, have been analyzed and corresponding mitigation established by the City. LOP is clearly, therefore, a pipeline project that should have been included as background traffic for purposes of the Tukwila Station transportation analysis. The Tukwila Station Traffic Impact Analysis should be revised to include the 1,831 LOP trips as part of baseline traffic. 2. Moreover, the Tukwila Station Traffic Impact Analysis appears to rely on the traffic analysis set forth in the Westfield Shoppingtown EIS for methodology and conclusions regarding traffic impacts and appropriate mitigation. See, e.g., Tukwila Station Traffic Impact Analysis at page 11. As Boeing stated in its comment letter on the Westfield DEIS (see, Letter from Laura Whitaker to City, dated July 2004), the Westfield DEIS's traffic analysis failed to account for the LOP development in its assumptions regarding baseline traffic. We are concerned, therefore, that the City not only ignored LOP trips in the Westfield DEIS, but is now using that flawed analysis as the basis for assessing the traffic impacts of other proposed developments in the City. 3. We note that Longacres Way /S. 158th Street appears to be the single point of access to the Tukwila Station project and is characterized as a "dead end" street in the Tukwila Station Traffic Impact Analysis supplement, dated March 28, 2005. As the City is aware, the Tukwila/Boeing Agreement provides that Boeing has 390 AM and PM peak hour trips over S. 158th Street, as it would serve as a key access point to future development at LOP. It does not appear that the Tukwila Station Traffic Impact Analysis takes these Boeing trips into 2 Although the Tukwila Boeing Agreement establishes the LOP trips as a baseline traffic condition at least until 2010, it should also be noted that both the PSRC Regional Model and the City of Renton Model assume continued buildout at LOP as a future baseline condition. [03003- 0104/SB051040.007] 04/14/05 Minnie Dhaliwal April 14, 2005 Page 3 account in the evaluation of direct SEPA impacts to Longacres Way /S. 158th Street and the West Valley Highway and Longacres Way /S 158 Street intersection. The Analysis should be modified to ensure adequate intersection and street capacity is provided to support future LOP traffic. 4. Also with respect to use of Longacres Way /S. 158th Street, the Tukwila Station Traffic Impact Analysis fails to identify the potential for cut - through traffic from Tukwila Station across Boeing private roadways and parking areas as a potential impact of the Tukwila Station project, and also fails to identify potential mitigation measures to control such impacts. The Analysis should be modified accordingly. 5. Contrary to the characterization and discussion of Longacres Way /S. 158th Street in the context of site access and safety in the Tukwila Station Traffic Impact Analysis, Longacres Way /S. 158th Street will not be a dead end street. In addition to the proposed Tukwila Station project, it will also serve future development on LOP properties immediately east of the proposed Tukwila Station site. As such, stopping and entering sight distance provisions should be considered for both left and right turns from the Tukwila Station driveways and unobstructed sight lines in both the eastbound and westbound directions along Longacres Way /S. 158th Street should be provided. Although the actual posted speed on Longacres Way /S. 158th Street is unclear from the Tukwila Station Traffic Impact Analysis, standard design practice should make provisions for sight distance at a minimum of 5 mph above the posted speed limit, or in this case, 30 mph. Therefore, it is recommended that a minimum of 200 feet of stopping sight distance and 330 feet of entering sight distance (to the east and west) be provided at both proposed site driveways (unless permanent turning restrictions are proposed) to meet standard engineering design practice as outlined in A Policy on Geometric Design of Highways and Streets, 2001, AASHTO. [03003- 0104/SB051040.007] 04/14/05 Minnie Dhaliwal April 14, 2005 Page 4 Thank you for your consideration of these comments. If you would like to discuss them, please do not hesitate to contact Shaunta Hyde at 206 -544 -0182 or me. Very truly yours, �Q,Gtil�v Laura N. Whitaker LNW:tbh cc: Shaunta R. Hyde, Local Government Relations, Boeing Jeff Adelson, Boeing Realty Corporation Rick Ford, Facilities Planning, Boeing John N. Powers, Boeing Realty Corporation [03003- 0104/SB051040.007] 04/14/05 • 'Minnie Dhaliwal - RE: FW: Tukwila development Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Hempstead, Susan B Sent: Tuesday, April 12, 2005 9:47 AM To: 'Moira Bradshaw' Cc: Harris, Wayne A Subject: Tukwila development Hi Moira, Would you have any additional information regarding the City's recently approved development for 300 condos and 7,000 feet of retail at Longacres near 405 (near the railroad tracks). I am curious if this might be the property between the two railroad tracks centered somewhat around the old Longacres Wy street - one of the old accesses to the racetrack? PSE has two transmission lines, one is partially underground, and we have a 115kv cable station - which looks like a substation - where the transmission converts from overhead to underground. We would need to see how these facilities are affected by the proposed development if we are thinking of the same location. I'm also surmising that this property prompted our earlier email dialogue! Kindest regards, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Page 2 j`Minnie Dhaliwal - RE: FW: Tukwila development From: "Hempstead, Susan B" <susan.hempstead @pse.com> To: "Minnie Dhaliwal" < mdhaliwal @ci.tukwila.wa.us> Date: 4/13/05 9:28AM Subject: RE: FW: Tukwila development Minnie, Thank you kindly for your email and voice mail. Our Senior System Planning Engineer is reviewing the parcel numbers you sent over to determine if they conflict with our facilities. I should hear back from him today or tomorrow. Thank you. Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Tuesday, April 12, 2005 2:25 PM To: Hempstead, Susan B Subject: Re: FW: Tukwila development Hi Susan, I am the planner reviewing Tukwila Station mixed use project. The parcel numbers for the project site are 242304 -9034, 242304 -9137 and 0005800013. Do you have a sketch showing locations of PSE facilities, so we can determine if there is a conflict? Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 (PH) 206 - 431 -3665 (FAX) mdhaliwal @ci.tukwila.wa.us »> "Hempstead, Susan B" <susan.hempstead @pse.com> 04/12/05 09:52AM »> Lynn, I understand Moira is out until next Monday. Do you have any information on my question below (regarding the new development at longacres)? Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Page 1 !Minnie Dhaliwal - FW: Tukwila station site plan From: "Hempstead, Susan B" <susan.hempstead @pse.com> To: <Zsofia @rutledgemaul.com> Date: 4/14/05 9:49AM Subject: FW: Tukwila station site plan Thanks for the additional drawings, Zsofia. We really appreciate your assistance. We're most concerned about the location of our facilities (especially the Nelson cable station) with respect to the development. I have cc'd PSE's system planning engineer and land manager on this email as well for them to provide our facility comments directly to you . Joe and Wayne, please see Zsofia's email & attachments below and contact her directly with your comments or if you need additional drawings /information to review for potential conflicts. Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Zsofia Tantos [ mailto:Zsofia @rutledgemaul.com] Sent: Thursday, April 14, 2005 9:25 AM To: Hempstead, Susan B Subject: RE: tukwila station site plan Susan, yes, we are aware of the relocation of the railroad tracks. I just didn't want to confuse you right at the beginning with all of our different site plans for the different phases. But I'll send you both of our site plans showing the phases. In phase I we have a 30' easement towards the east which we are going to use as parking. When the railroad dissappears on the west side, we get 43' along that side, and we give up our 30' easement on the east side. Basically the difference between the two phases the location of our outdoor parking area, our building is not going to change. Let me know if you have any more questions, Regards, Zsofia Zsofia Tantos Rutledgemaul Architects 19336 47th Ave. N.E. Page 1 Minlie Dhaliwal - FW: Tukwila station site plan Seattle, WA 98155 (206) 440 -0330, FAX: (206) 362 -4381 zsofia @rutledgemaul.com Original Message From: Hempstead, Susan B [ mailto:susan.hempstead @pse.com] Sent: Wednesday, April 13, 2005 4:02 PM To: Zsofia Tantos Subject: RE: tukwila station site plan Zsofia, Thank you for your email. I have forwarded your plans to our system planning engineers to review for conflicts. Do you anticipate the future movement of the railroad tracks will impact the development or are you building with that movement in mind? Kindest regards, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Zsofia Tantos [ mailto:Zsofia @rutledgemaul.com] Sent: Wednesday, April 13, 2005 4:01 PM To: Hempstead, Susan B Subject: tukwila station site plan Susan, I was asked to send you a site plan of our project in Tukwila which is located south of 405, between the railroads and north of Longacres Way. As far as we know, the site is clear of any structure. Let me know if you have any questions, Zsofia Tantos Rutledgemaul Architects 19336 47th Ave. N.E. Seattle, WA 98155 (206) 440 -0330, FAX: (206) 362 -4381 zsofia @rutledgemaul.com Minnie Dhaliwal - RE: a request Page 1 From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 6:42PM Subject: RE: a request Thank you very much. Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 5:22 PM To: ross @whitney - sons.com Cc: Cyndy Knighton Subject: Re: a request Mr. Whitney: I sent the Traffic Analysis report that you requested along with the revised report that I received this afternoon from the applicant to you. It went out in the mail this afternoon. Please let me know if you have any questions on the report. As I stated in my cover letter, please contact me directly if you have any questions instead of directly contact Mirai Associates. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Ross Whitney" <ross @whitney - sons.com> 04/01/05 07:03AM »> Minnie, What I request from the City of Tukwila, and it's the only thing I need, is a copy of the Traffic Impact Analysis Report for the Tukwila Station Housing Development, even though it is not the final draft. From me to drive from Gig Harbor to Tukwila and back during business hours is no trivial task. There is heavy traffic all the way. So thank you for your help. Ross Whitney 4606 131st St. CT NW Gig Harbor, WA 98332 253 858 9213 Department of Community Development 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Phone: (206) 431 -3670 Fax: (206) 431 -3665 To: 4s:. 5 LO Fax: Phone: 010 -4 V 3(D8 Q Re: L L� \y t C� .t1 p . ❑ Urgent From: Date: Pages: 31 1,<v S 3 i `-(201(..Q._01 L&' rkr\ ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle •Comments: 0--eet \ v),(1--) P2“).Q__ iluLa‹LiziEtt-L4— [ Minnie Dhaliwal - Two questions on Tukwila Station From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal"' <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:17AM Subject: Two questions on Tukwila Station Minnie, You have now sent me several pounds of reports. For the moment, I have just two questions. 1. Will Longacres Way be improved or altered in any manner as a result of Tukwila Station? Improvements might include widening of the roadway, repavement of the roadway, the addition of traffic lanes, the addition of turning lanes, the improvement or expansion of electronic signalization. This question does not refer to sidewalks: only to the automobile roadway. 2. Does the City of Tukwila believe that Longacres Way, as it presently exists, is sufficient, adequate and appropriate for the 291 - family development that will depend upon it? As you know, Longacres Way is the only road into Tukwila Station, and it's the only road out of it. This question does not refer to sidewalks: only to the automobile roadway. Thank you. Ross Whitney I Minnie Dhaliwal - First additional question From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal'" <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:27AM Subject: First additional question Minnie, I do in fact have two additional questions. This email contains one of them. Will any aspect of the construction of Tukwila Station (including the automobile traffic produced by it) result in "traffic impact -fee payments" to the City of Tukwila? I came across that particular term in a letter from Mark Jacobs of Jake Traffic Engineering. I had not seen it before. What I'm trying to determine is this: Are the developers of Tukwila Station (a) required to pay traffic - impact fees to the City of Tukwila but (b) not required to improve the roadway? Thank you. Ross Whitney Page 1 Minnie Dhaliwal - Second additional question Page 1 From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:36AM Subject: Second additional question Minnie, Will the construction of Tukwila Station restrict restrict the ability of my tenants, A -L Welding, and their customers to turn their vehicles in any direction that is now permitted? Will any left turns or right turns be denied them? I have in mind the intersection of Longacres Way and Nelsen place. I also have in mind the intersection of Longacres Way and West Valley Highway. But my question includes any ordinary turning they are presently allowed in that immediate neighborhood when they are coming to work or leaving work - -or any extraordinary diversion required of them, be it temporary or permanent. Thank you. Ross Whitney Permits applied for include: • Conditional Use Permit • Design Review • SEPA City of Tukwila April 14, 2005 CITY OF TUKWILA NOTICE OF HEARING PROJECT INFORMATION FILES AVAILABLE FOR PUBLIC REVIEW Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director Pacific Commercial Properties has filed an application for Design Review and Conditional Use Permit, File Numbers L05 -014 and L05 -015, to construct a mixed use multi - family residential project with approximately 294 multi - family units and 5000 square feet of retail space. The site of the proposed project is located just south of 1 -405 between the Union Pacific and the Burlington Northern railroad tracks and is just north of Longacres Way. You are invited to comment on the project at a public hearing scheduled for April 28, 2005, at 7:00 p.m. before the Planning Commission. The hearing will take place at City Hall in City Council Chambers, 6200 Southcenter Blvd. To confirm the time and date before the hearing, c all the Department of Community Development at 206 -431 -3670. For further information on this proposal, contact Minnie Dhaliwal at 206 -431 -3685 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. The project files are available at the City of Tukwila. To view the files, you may request them at the permit counter of the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 pim PROJECT INFORMATION PARKING INFORMATION I I Requited 159 X 1 CLTt /DU 107 X 2 Co/DU (4,750) X 1 Car /250 III - =ziii II I I lUzll MVO- • 13C SECUrIn S41rNo & t 8I. 2 Bt Naiad Total Regd. ®Unit h1aMa .l1Ix. SEE AKE r1S 12 A •13E A71 LAND SWAP roASwu OL&GEtW AND SLIME. vtNLLE AEC155 WORM 189 210 19 418 � -stmm� o Al tWE[n LINE EKt rt0 -ttn LmE UNION PACIFIC R/R .10EAS Et BURLINGTON NORTHERN R/R VIC;INII Y MAP' SECURITY FENCE Loy -0l4 1,..-0 15 _ w•� N TRASH ENCL N OPEN SPACE / SITE PLAN SCAIE 1• . spa. Ca m / / REC El mAR 0 9 COMMON DEV[LOPh Una Types Building A Studio 550" . rrn B I Br AM' .7- C 2 Br • IRnt' 9th • O 2 Br. • 2 BOIT 1.200' .1 E 2 B R. • Den 1 mire . ■ art Totals at 23 13 14 R 5 63 17 IS 26 5 5 9 40 83 15 26 S 5 9 (0 114 I5 24 4 4 9 34 +5 15 17 0 S 9 SS ioto!. 83 106 37 27 41 294 pim PROJECT INFORMATION PARKING INFORMATION I I Requited 159 X 1 CLTt /DU 107 X 2 Co/DU (4,750) X 1 Car /250 III - =ziii II I I lUzll MVO- • 13C SECUrIn S41rNo & t 8I. 2 Bt Naiad Total Regd. ®Unit h1aMa .l1Ix. SEE AKE r1S 12 A •13E A71 LAND SWAP roASwu OL&GEtW AND SLIME. vtNLLE AEC155 WORM 189 210 19 418 � -stmm� o Al tWE[n LINE EKt rt0 -ttn LmE UNION PACIFIC R/R .10EAS Et BURLINGTON NORTHERN R/R VIC;INII Y MAP' SECURITY FENCE Loy -0l4 1,..-0 15 _ w•� N TRASH ENCL N OPEN SPACE / SITE PLAN SCAIE 1• . spa. Ca m / / REC El mAR 0 9 COMMON DEV[LOPh p(U.S. ARMY CORPS OF ENGINEERS ,X.FEDERAL HIGHWAY ADMINISTRATION ( ) DEPT OF FISH & WILDLIFE OFFICE OF ARCHAEOLOGY TRANSPORTATION DEPARTMENT DEPT NATURAL RESOURCES .-(4 OFFICE OF THE GOVERNOR DEPT OF COMM. TRADE & ECONOMIC DEV. ( ) DEPT OF FISHERIES & WILDLIFE >t () BOUNDARY REVIEW BOARD () FIRE DISTRICT #11 ( ) FIRE DISTRICT #2 ( ) K.C. WASTEWATER TREATMENT DIVISION ( ) K.C. DEPT OF PARKS & REC (rK.C. ASSESSORS OFFICE ,PQ'TUKWILA SCHOOL DISTRICT TUKWILA LIBRARY QrRENTON LIBRARY () KENT LIBRARY (5$ CITY OF SEATTLE LIBRARY •) QWEST (: SEATTLE CITY LIGHT PUGET SOUND ENERGY HIGHLINE WATER DISTRICT SEATTLE WATER DEPARTMENT X,43&T CABLE SERVICES CG' IU C KENT PLANNING DEPT ( ) TUKWILA CITY DEPARTMENTS: ( ) PUBLIC WORKS () FIRE ( ) POLICE ( ) FINANCE ( ) PLANNING () BUILDING ( ) PARKS & REC. () MAYOR ( ) CITY CLERK PUGET SOUND REGIONAL COUNCIL ( ) SW K C CHAMBER OF COMMERCE MUCKLESHOOT INDIAN TRIBE (Sei CULTURAL RESOURCES PROGRAM FISHERIES PROGRAM WILDLIFE PROGRAM ( ) SEATTLE TIMES ( ) SOUTH COUNTY JOURNAL P: WDMENISTRATIV E \FORMS \CHKLIST.DOC FEDERAL AGENCIES WASHINGTON STATE AGENCIES Q o ss b01 (o 6 1 3(5 5{--. C[ A 6 -) t- - <Coe,- . J/ - q332- .4U.S. ENVIRONMENTAL PROTECTION AGENCY ( ) U.S. DEPT OF H.U.D. ( ) NATIONAL MARINE FISHERIES SERVICE ( ) DEPT OF SOCIAL & HEALTH SERV. () DEPT OF ECOLOGY, SHORELAND DIV A DEPT OF ECOLOGY, SEPA DIVISION' (OFFICE OF ATTORNEY GENERAL • SEND CHKLIST W/ DETERMINATIONS • SEND SITE MAPS WITH DECISION KING COUNTY AGENCIES SCHOOLS /LIBRARIES UTILITIES CITY AGENCIES OTHER LOCAL AGENCIES MEDIA ( ) HEALTH DEPT (() PORT OF SEATTLE K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR (( K.C. TRANSIT DIVISION - SEPA OFFICIAL K.C. LAND & WATER RESOURCES (.FOSTER LIBRARY Q3,K C PUBLIC LIBRARY Q� HIGHLINE SCHOOL DISTRICT () SEATTLE SCHOOL DISTRICT (TRENTON SCHOOL DISTRICT 1q OLYMPIC PIPELINE 4 VAL -VUE SEWER DISTRICT (> WATER DISTRICT #20 ..4>q WATER DISTRICT #125 ,O CITY OF RENTON PUBLIC WORKS BRYN MAWR- LAKERIDGE SEWERNVATER DISTRICT .(TRENTON PLANNING DEPT ('CITY OF SEA -TAC ( ) CITY OF BURIEN ( ) TUKWILA PLANNING COMMISSION MEMBERS ( ) TUKWILA CITY COUNCIL MEMBERS QliCITY OF SEATTLE - SEPA INFO CENTER - DCLU () STRATEGIC PLANNING OFFICE' • NOTICE OF ALL SEATTLE RELATED PLNG PROJ. 1DUWAMISH INDIAN TRIBE (S:U.S. AIR POLLUTION CLEAN AGENCY 4 SOUND TRANSIT () DUWAMISH RIVER CLEAN -UP COAUTION 'SEND NOTICE OF AU APPUCATIONS ON DUWAMISH RIVER ( ) HIGHLINE TIMES ( ) CI.TUKWILA.WA.US.WWW Hampton Inn 7200 S. 156th St Tukwila, WA 98188 Wendy's 16300 W. Valley Hwy. Tukwila, WA 98188 Jack in the Box 164Q0 W. Valley Hwy Tukwila, WA 98188 Manager - Current Business 15700 Nelson Pl. Tukwila, WA 98188 Taco Bell 16350 W.Valley Hwy Tukwila, WA 98188 Courtyard by Marriot Hotel 16038 W. Valley Hwy Tukwila, WA 98188 Manager - Current Business 15616 W. Valley Hwy. Tukwila, WA 98188 Manager — Current Business 15666 W.Valley Hwy Tukwila, WA 98188 Porter Seal/Rainier Rubber 15660 W. Valley Hwy. Tukwila, WA 98188 Manager — Current Business 15701 Nelson P1 Tukwila, WA 98188 Sounder Commuter Rail - Director Sound Transit 401 S. Jackson St Seattle, WA 98104 -5000 Manager — Current Business 15665 W. Valley Hwy. Tukwila, WA 98188 Manager — Current Business 16200 W. Valley Hwy. Tukwila, WA 98188 Embassy Suites Hotel -4 *H11 .'D"4- 15920 W. Valley Hwy. Tukwila, WA 98188 COLETTE M. TEMMINK BOEING REALTY COMPANY PO BOX 3707 MC 1F -58 SEATTLE, WA 98124 -2207 BOEING COMPANY THE 100 N RIVERSIDE M/C 5003 -4027 CHICAGO IL 60606 MCLEOD STU 213 LAKE SOUTH SOUTH KIRK WA 98033 PUGET SOUND ENERGY /ELEC PROPERTY TAX DEPT PO BOX 90868 BELLEVUE WA 98009 GUST ERIKSON PUGET WESTERN INC 19515 N CREEK PKWY #310 BOTHELL WA 98011 STEFFEN TERRY c/o CSM LODGING 2575 UNIVERSITY AV W #150 ST PAUL MN 55114 UNION PACIFIC RAILROAD ATTN BILLINGS JIM 1416 DODGE ST #325 OMAHA NE 68179 KAUPAT PETER H P 0 BOX 88108 SEATTLE WA 98188 MEYERS VE 13911 SE H PL BEL UE WA 98006 TOM KALIL, President INDUSTRIAL CRATING & PACKAGING INC 15450 NELSON PL S TUKWILA, WA 98188 TOM KALIL, President INDUSTRIAL CRATING & PACKAGING INC PO BOX 88299 SEATTLE, WA 98138 MRS. CARMEN ARZO 2800 75 SE #300 MERCER ISLAND, WA 98040 SHAUNTA R. HYDE THE BOEING COMPANY PO BOX 3707 MC 14 -49 SEATTLE, WA 98124 -2207 RAINIER BELLS INC 31919 1ST AV S #206 FEDERAL WA 98003 BNSF RWY CO PO BOX 961089 FORT W Hansen Group LL 14405 25 e SW n, WA 98166 TX 76161 CITY OF SEATTLE SPU REAL PROP — WTR 710 2ND AVE 10 FLOOR SEATTLE WA 98104 NGUYEN STEVE HUNG LIVING TRUST 16620 SE 27TH ST BELLEVUE WA 98008 DONALD MOODY CB RICHARD ELLIS 1420 5TH AVE SUITE 1700 SEATTLE, WA 98101 TERESA PATTON CB RICHARD ELLIS 1420 5 AVE SUITE 1700 SEATTLE, WA 98101 Unison Site Management Corp Attn: Lease /contract Admin 6809 D, Bowmans Crossing Frederick, MD 21703 Gull Industri 3404 F rth Ave S Se e, WA 98134 JASON HUBBELL BARGHAUSEN ENGINEERS 18215 72 AVE SOUTH KENT, WA 98032 WILLIAM T. VIVIAN GULL OIL CO 240 3404 4TH AVE S PO BOX 24687 SEATTLE WA 98124 CLOSE ROBERT J TRUSTEE 8262 E HWY 106 UNION WA 98592 Janene Siers C/o Foodmakers, Inc 9330 Balboa Ave San Diego, CA 92123 WENDYS INTERNATIONAL INC P 0 BOX 256 DUBLIN OH 43017 Jam and Smudge Free Printing Use Avery® TEMPLATE 5260TH BNSF RWY CO PO Box 961089 Fort Worth TX 76161 -0089 CITY OF TUKWILA 15500 W Valley Hwy Tukwila, WA 98188 MCLEOD DEVELOPMENT COMPANY 213 Lake St S Kirkland WA 98033 -6417 HANSEN G' : 'LLC 14405 25 Ave SW Burie A 98166 -1014 Bros Whitney 4606 131st Street Gig Harbo 98332 -8877 BOEING COMP 5003 -4027 Chicag. i 60606 BOEING COMP:. THE 5003 -4027 Chica . ► i 60606 BOEING COMPANY PO Box 3707 Seattle WA 98124 -2207 UNION PACIFIC ' • I . ' OAD CO 1400 Douglas .40 Omaha I" •8179 -1001 BOEING COMP 100 N River Chica 60606 e M C 5003 -402 v Sound Energy & Ele PO Box 90868 Bellevue 98009 -0868 GULL INDUSTRIES 3404 4th Av Seatt ' A 98134 -1905 CENTRAL PUGET SOUND REG TRA 1100 2nd Ave #500 Seattle WA 98101 -3424 HANSEN GROUP LLC 14405 25th Ave SW Burien WA 98166 -1014 Robert J Close 8262 E e Route 106 U n WA 98592 -9779 BOEING COMP • ►► THE 5003 -4027 Chica ' . IL 60606 BOEING CO ► ANY THE 5003 -4 C . go IL 60606 Sound Energy & Elec PO Box 908 Bell . - A 98009 -0868 tral Aa3AV - L CITY OF TUK 6300 So Tu k WA 98188 -8548 enter Blvd #100 INDUSTRIAL CRAT PACKING PO Box 8 : • 9 Tu WA 98138 -2299 www.averycom 1- 800-GO -AVERY C A AVERY® 5260TM UNION PACIFIC RAILROAD CO 1400 Douglas St #1640 Omaha NE 68179 -1001 PUGET WESTERN 19515 North Bothell W 98011 -8200 2000 MEYERS FAMILY LIMITED PAR 13911 SE 45th P1 Bellevue WA 98006 -2240 UNISON SITE MANAGEMENT LLC 400 Madison Ave New York NY 10017 -1909 BOEING COMPANY 5003 -4027 Chica.• i 60606 BOEING COMP 5003 -4027 Chica ' • i 60606 eels Pkwy #310 TUKWILA HOTEL LLC 600 E Riverpark Ln #205 Boise ID 83706 -6562 L L C Vectra 1400 Monster Rd SW Renton WA 98055 -2964 Sound Energy & Elec Puget PO Box 90868 Bellevue WA 98009 -0868 , luege6 el m!I! fl Southcenter Gas Station LLC 2224 Kamber Rd Bellevue, WA 98007 Tukwila Hotel LL 600 E. River ' : Lane Suite 205 Boise, ...83706 WHITNEY BROS 4606 131ST ST NW GIG HARBOR WA 98332 KOAR- SEATAC PARTNERS LP 201 S LAKE AV #803 PASADENA CA 91101 tt BNSF Railway Company Mike Cowles 2454 Occidental Ave. S, Ste. IA Seattle, WA 98134 -1439 Union Pacific Railroad John Trumbull 5424 SE McLaughlin Blvd. Portland, OR 97202 -4942 • Dept. Of Community Development City of Tukwila . • AFFIDAVIT OF DISTRIBUTION . I, 5A434/1( 6, HEREBY DECLARE THAT: Notice of -Pt s- Hearing Determination of Non - Significance .• Notice of Public Meeting Mitigated Determination of Non - Significance C C,J U G � /Lb Board of Adjustment Agenda Pkt Project Number: LOS Determination of Significance,.& Scoping Notice Board of Appeals Agenda Pkt Notice of Action . . Person requesting mailing: Planning Commission Agenda Pkt ) JLa Q ? ,'/D _P Official Notice •.• Short Subdivision Agenda Notice of Application . . .. , . Shoreline Mgmt Permit Notice of Application forShoreline Mgmt Permit • __ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 • Other : : . • .. • Was mailed to each of the addresses listed on this] day of year 20 05 P: GINA WYNETTA/FORMS/AFFIDA VIT-MAI L 08/29/003:3I PM n the Project Name: . 1 2 4 / L C C,J U G � /Lb .442_ • Project Number: LOS ( L L-0.5 Mailer's Signature: Person requesting mailing: , `^ ri A=e ) JLa Q ? ,'/D _P Was mailed to each of the addresses listed on this] day of year 20 05 P: GINA WYNETTA/FORMS/AFFIDA VIT-MAI L 08/29/003:3I PM n the Minnie Dhaliwal - Tukwila Station /Boeing concerns From: Steve Lancaster To: Jim Morrow; Shelley Kerslake Date: 4/29/05 9:47AM Subject: Tukwila Station /Boeing concerns The meeting is in Conference Room #2. A meeting has been scheduled for 3PM Thursday, May 5 with representatives of Boeing (including their attorney, Laura Whitaker of Perkins - Coxxxx). They are concerned about the traffic analysis that has been done for the Tukwila Station project- essentially the same concerns they expressed regarding the Westfield EIS. They are pressing for modification of our mitigation agreement with them as a solution (I think). Bob Giberson has been working on this issue. Anyway, they have indicated they "don't want to appeal" our SEPA determination. Obviously, this is an important meeting, and it may be wise for you, Shelley to attend. I've asked Minnie to forward to you a copy of Boeing's letter and the mitigation agreement for your information. CC: Bob Giberson; Cyndy Knighton; Jack Pace; Minnie Dhaliwal rMinnie Dhaliwal - Tukwila Station mixed use project From: Minnie Dhaliwal To: Shelley Kerslake Date: 4/27/05 5:29PM Subject: Tukwila Station mixed use project Hi Shelley, We received a comment letter from the Union Pacific Railroad and they are requesting that the project include a sound wall and that we incorporate language in deeds for all sales in the development that are within 500 feet of the Railroad Company's property. The language that they are proposing to be included in the deeds is: "Grantee acknowledges that a railroad is operated and will continue to be operated on the adjoining property, and recognizes that such operation will create noises and vibrations affecting the property. Grantee accepts the property subject to such noises and vibrations, and hereby covenants to release Railroad Company from all liability, cost and expenses resulting therefrom. This covenant shall run with the property, and shall be binding upon the successors and assigns of grantee." We are going to pass their comments to the applicant and leave it up to the applicant. However this comment made me wonder if we should include some language in the property exchange agreement that the developer shall notify all buyers that the UP Railroad will relocate and parking layout will change in Phase II of the development. If it ends up being a condominium development, Ken Kester will sell this project and move on and we will be dealing with the condo owners 10 -15 years down the road. Minnie CC: Jack Pace Page 1j Minnie Dhaliwal - Second additional question From: "Ross Whitney' <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:36AM Subject: Second additional question Minnie, Will the construction of Tukwila Station restrict restrict the ability of my tenants, A -L Welding, and their customers to turn their vehicles in any direction that is now permitted? Will any left turns or right turns be denied them? I have in mind the intersection of Longacres Way and Nelsen place. I also have in mind the intersection of Longacres Way and West Valley Highway. But my question includes any ordinary turning they are presently allowed in that immediate neighborhood when they are coming to work or leaving work - -or any extraordinary diversion required of them, be it temporary or permanent. Thank you. Ross Whitney Page 11 Minnie Dhaliwal - First additional question Page From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal"' <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:27AM Subject: First additional question Minnie, I do in fact have two additional questions. This email contains one of them. Will any aspect of the construction of Tukwila Station (including the automobile traffic produced by it) result in "traffic impact -fee payments" to the City of Tukwila? I came across that particular term in a letter from Mark Jacobs of Jake Traffic Engineering. I had not seen it before. What I'm trying to determine is this: Are the developers of Tukwila Station (a) required to pay traffic- impact fees to the City of Tukwila but (b) not required to improve the roadway? Thank you. Ross Whitney Minnie Dhaliwal - Two questions on Tukwila Station From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' <mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 9:17AM Subject: Two questions on Tukwila Station Minnie, You have now sent me several pounds of reports. For the moment, I have just two questions. 1. Will Longacres Way be improved or altered in any manner as a result of Tukwila Station? Improvements might include widening of the roadway, repavement of the roadway, the addition of traffic lanes, the addition of turning lanes, the improvement or expansion of electronic signalization. This question does not refer to sidewalks: only to the automobile roadway. 2. Does the City of Tukwila believe that Longacres Way, as it presently exists, is sufficient, adequate and appropriate for the 291 - family development that will depend upon it? As you know, Longacres Way is the only road into Tukwila Station, and it's the only road out of it. This question does not refer to sidewalks: only to the automobile roadway. Thank you. Ross Whitney Page Minnie Dhaliwal - RE: a request Page 1J From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' < mdhaliwal @ci.tukwila.wa.us> Date: 4/24/05 8:47AM Subject: RE: a request Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 5:22 PM To: ross @whitney - sons.com Cc: Cyndy Knighton Subject: Re: a request Mr. Whitney: I sent the Traffic Analysis report that you requested along with the revised report that I received this afternoon from the applicant to you. It went out in the mail this afternoon. Please let me know if you have any questions on the report. As I stated in my cover letter, please contact me directly if you have any questions instead of directly contact Mirai Associates. Minnie Dhaliwal Senior Planner City of Tukwila 206 -431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Ross Whitney' <ross @whitney - sons.com> 04/01/05 07:03AM »> Minnie, What I request from the City of Tukwila, and it's the only thing I need, is a copy of the Traffic Impact Analysis Report for the Tukwila Station Housing Development, even though it is not the final draft. From me to drive from Gig Harbor to Tukwila and back during business hours is no trivial task. There is heavy traffic all the way. So thank you for your help. Ross Whitney 4606 131st St. CT NW Gig Harbor, WA 98332 253 858 9213 Minnie Dhaliwal - Tukwila Station — y .h w ,Page ,11 From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/21/05 2:52PM Subject: Tukwila Station Minnie Zsofia is on her way to your office with the materials board and the third color perspective. The perspective is only about 85% complete, but it shows the entry to building 2/3 from the parking level and the terra cotta area on building 4/5 where the north community facilities are located. There is more detail that doesn't show as yet, including trellis and half -wall railings, landscaping, color refinement, and more detail for the materials joints. But, I think it gives a pretty good picture of the west side of the project. I can have the 100% version for you if you need it next week, or should I just bring some to the hearing? I am also sending 12 3D images from our computers that show the entire project from the southwest. It is crude compared to the enhanced ones from Ron Lloyd, but it gives an overall look at the project from that view. You will have to use your imagination to fill in landscaping, detailing, and colors. Let me know if there is anything else you will need before the BAR hearing next week. Also, what is the format for the hearing? Will I need to do a complete presentation or will it be more of a situation for answering questions that the board may have? If I do need to do a formal presentation, what type should I prepare for - slide show, power point, other? Thanks Again Bill Rutledge CC: <kkester @earthlink.com> Minnie Dhaliwal - FW: Tukwila Station From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/21/05 12:02PM Subject: FW: Tukwila Station Minnie I am forwarding a message from our traffic engineer that will answer the site line issue (said issue being the last item outstanding re the SEPA review). It is my understanding that you can add a condition to our approval that we will, if it is determined that the speed limit is raised to 30mph and the site lines dictate, move the easterly driveway accordingly in our final permit submittal drawings. I believe this is a good resolution to this issue. Please give me a call if you have any questions. Thanks again for your help in getting this resolved. Bill Rutledge Original Message From: Mark Jacobs [mailto:jaketraffic @comcast.net] Sent: Thursday, April 21, 2005 11:32 AM To: Bill Rutledge Cc: Ken Kester, President Subject: Re: Tukwila Station Bill Ken contacted me after his conversation with Jack at Tukwila. The following: "The site access driveways on Longacres Way shall be located and designed to provide sufficient Stopping Sight Distance to ensure Public Safety. The posted speed limit on Longacres Way is 25 MPH. Adding 5 MPH (aka 30 MPH) to further enhance safety requires 200 feet of SSD. This sight line shall be measured from the driveway motorist perspective 10 feet from edge of travelled way to a point where a westbound vehicle is first seen or as approved by the City. The west site access shall be signed to right turn only until such time the existing railroad structure to the west is removed." Contact me if you have any questions. Mark Mark J. Jacobs, P.E., P.T.O.E. 7731 8th Avenue SW Seattle, WA 98106 -2007 Tel: 206.762.1978 Page 1; Minnie Dhaliwal - FW: Tukwila Station Cell: 206.799.5692 Original Message From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "Mark Jacobs" <jaketraffic @comcast.net> Sent: Thursday, April 21, 2005 7:13 AM Subject: RE: Tukwila Station Mark Thanks for following up on this. Let's hope the City sees the light. bill Original Message From: Mark Jacobs [mailto:jaketraffic @comcast.net] Sent: Wednesday, April 20, 2005 8:00 PM To: Bill Rutledge Cc: mdhaliwal @ci.tukwila.wa.us; kkester @earthlink.com; jpace @ci.tukwila.wa.us Subject: Re: Tukwila Station Bill The responses with the calculations are completed. The calculations are attached. The pass -by issue is eight PM peak hour trips. The traffic entering the WVH /Longacres Way I/S in 2010 is projected at over 3,000 vehicles (3,125). This correlates to a 1/4 of 1%, clearly this is a moot issue. Our traffic analysis tools simply are not that fine tuned! Senior Housing generates less traffic than the Land Use analyzed. Thus this is a moot issue. The trip distribution used is consistent with the traffic model. Traffic models are based on judgments of the person developing the model. I've seen models assign traffic in ways that make no sense. The traffic model and my distribution are in line with each other. Thus why are we still debating this! The Traffic Impact Analysis was prepared in accordance with industry standards and City criteria. The only item I see as appropriate is to ensure proper that adequate stopping sight distance (sight lines) are provided at the access driveways. This may require moving the east driveway west, but is an issue that can be fine tuned in the design process. Page Ti [Minnie Dhaliwal - FW: Tukwila Station The City has ample information, tweaking 1/4 of 1% of the traffic due to difference in pass -by assumptions or tweaking the distribution ( -10 PM peak hour trips) makes no difference. Our analysis tools are not precise enough to ascertain a difference. In closing I am a PE with a PTOE certification, my TIA is reasonable and evaluated the traffic impact of the Tukwila Station. Arguing about 10 peak hour trips here or eight there affecting a corridor serving over 3,000 peak hour trips is pointless. The City should not defer their decision making authority to a unlicensed third party. Contact me if you have any question. Mark Mark Mark J. Jacobs, P.E., P.T.O.E. 7731 8th Avenue SW Seattle, WA 98106 -2007 Tel: 206.762.1978 Cell: 206.799.5692 Original Message From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <jaketraffic @comcast.net> Cc: <mdhaliwal @ci.tukwila.wa.us >; <kkester @earthlink.com >; <jpace @ci.tukwila.wa.us> Sent: Wednesday, April 20, 2005 6:33 PM Subject: FW: Tukwila Station I hope there is a way to coordinate this tomorrow morning. The 15% seems a bogus issue since we are ADJACENT TO the railroad station. The retail seems silly, but I guess we have to respond. It is such a small area and it is divided into two spaces by the condo main entry. Therefore it means that each of the two is too small to be a restaurant use or other high traffic generator. They truly are going to be services related to the occupants of the building and as such should have minimal impact on trip generation. As to Senior Housing, I just had a meeting with Ken today and the latest proforma is based on condominiums, definitely not senior housing. We changed to a right turn only at the west entry drive, so I don't understand the continued concern regarding sight distance. The projected traffic from the east is minimal and our east entry drive is already approximately 150 feet from the railroad tunnel to the east. My biggest heartburn regarding this ongoing brouhaha is that these Page 3-1 Minnie Dhaliwal - FW: Tukwila Station Page 4J seemingly minor issues are threatening to postpone the BAR hearing into next month, which in turn really pushes the project into late fall. Please see what you can do to "diplomatically" resolve these items. Thanks for your attention to this matter. Bill Original Message From: Cyndy Knighton [ mailto :cknighton @ci.tukwila.wa.us] Sent: Wednesday, April 20, 2005 5:48 PM To: Minnie Dhaliwal Subject: Tukwila Station Tom has been briefed on our timing restraints. If we get modified answers to him between 10 and 3 tomorrow we can get his buy -off by 4pm. Outstanding is the issue of pass -by trips for specialty retail. Possibly outstanding are the issues of sight distance, trip distribution, and LOS analysis. Definately need to see his LOS calculations. Will look to Tom to see if he accepts the 15% reduction due to proximity to rail. Also, Mark Jacobs is stating that there may be a possibility of a change of use from multi - family to senior housing. If that's even a possibility, I think the City should know about it. Cyndy CC: <jaketraffic @comcast.net >, <prettypauli @aol.com> Minnie Dhaliwal - Fwd: FW: Tukwila Station Page 1 From: Minnie Dhaliwal To: Cyndy Knighton Date: 4/21/05 12:03PM Subject: Fwd: FW: Tukwila Station Project Tukwila Station - Tukwila Location: Bounded by SR 405 to the north, railroad tracks to the west and east and S. Longacres Way to the south Owner: Pacific Commercial Corporation 1 west *Rey Hay/ 2 west Valley Ksy/ 4405 SR Ramps Sow er B d. 75 100 :. 926 -- 55 ,°.' 495 7 35 540 60 226 n 45 n 70 40 420 367 1.251 40 C Is 7 365 1.400 5 JTE, Br c. FIGURE 9 i Tr. 290 4 200 G- 669 905 : 582 I 217 V. 205 783 275 z 207 651 550 West Valley Hwy / ' 6 ; .; West Vapey Hwy/ Stranger Blvd. S 760. St 10 C - 20 2 X - West Valley Highway Corridor - Tukwila Urban Center 87 1.059 385 a n 685 <- 955 14 351 122 : T 326 645 * E- 635 675 ` `= 80 F 45 w 570 936 60 3 wastValley Hwy/ .. 1405 NB Ramps 375 1, 55 14 V `s 350 .. 10 3 437 579 1.113 10 7� Waver Park W/ 57ander B1. . 175 475 287 185 71 422 W 50 F A i2 165 550 167 3 o 33# P,tt 1s 5 1410 217 C- 492 24291 4, 10 Z 0 a 10 TUKWILA STATION - TUKWILA TRAFFIC IMPACT ANALYSIS West Valley Hwy/ Lassa res way / 10 fW 1.360 75 t� :3 R ot, 10 1.450 69 / 9 Andover Park 5/ Strm'rder Blvd. 140 400 167 tt 4v 110: r 107 541 ? < 570 180 23 14 136 305 525 201. PROJECTED 2010 PM PEAK HOUR TRAFFIC VOLUMES W/ PROJECT NORTH WVH/Longacres Way With Project + Boeing Lane Configurations Ideal Flow (vphpl) Total Lost time (s) Lane Util. Factor Frt Flt Protected Satd. Flow (prot) Flt Permitted Satd. Flow (perm) Volume.,(vph)' . Peak -hour factor, PHF Adj. Flow (vph)• RTOR Reduction (vph) Lane'Group Flow (vph) Turn Type Protected Phases" Permitted Phases Actuated Green, G (s) Effective Green, g (s) Actuated giCtF3aho Clearance Time (s) Vehicle Extension (s) Lane Grp Cap (vph) v/s Ratio`Prof v/s Ratio Perm v/e Ratio ' Uniform Delay, dl Progression Factor. Incremental Delay, d2 Delay(s). ,p ftr ' Level of Service Approach Delay (s) Approach LOS ., _.._. .. µ Intersec�on � .. HCM Average Control Delay HCM Volume to Capacityiratio Actuated Cycle Length (s) Intersection Capacity Utilization. ?' Analysis Period (min) c .Critical Lane Group JTE, INC Jake Traffic Engineering, Inc. Tukwila Station 4/19/2005 4' 4 t/ ti'I 4/ .. • ES ' EBT iEBR VUBL•; WBTWBR 'NBL a;idBT s NBR: SBL T :SBTTSBft 4> 4 ? S 44. ff 44T.> 1900 1900 1900 1900 1900 1900 1900 1900 '1900 1900 1900 1900 4.0 4.0 4.0 4.0 4.0 4.0 4.0 4.0 1.00 1.00 1.00 1.00 9.95 1.00 1.00 0.91, 0.93 1.00 0.85 1.00 1.00 0.85 1.00 1.00 0.98 0.95 1.00 -0.95 1.00•'." 1.00 0.95 1.00 1695 1774 1583 1770 3539 1583 1770 5079 0.98 0.95 1.00 0.15 .1.00 1.00 0.13. 1.00 ° 1695 1774 1583 285 3539 1583 235 5079 10 0 10 182• 1 279, , 1450, 115 1360 10 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 - 11 0. . 1 192 1 ' 294 • 11 1526 93 ', 121 • 4432 11 0 11 0 0 0 157 0 0 25 0 1 0 0 11 0 0 193 137 ,11;' ;' 1526 iF68 • 121 1442 0 Split Split Perm Penn Penn Perm 4 4 . ,. 8 8 r °9 :; 6'. 8 2 2 6 20.7 20.7 102.8•1102.8 102.8' 102.8 20.7 20.7 102.8 102.8 102.8 102.8 102.8 015 •:••0.15, , 0.7,3 ' 0:73 .-0.73. 0.73, ,,.40173• 4.0 4.0 4.0 4.0 4.0 4.0 4.0 3.0 3.0 3.0' ' 3.13'1?.;:';' 3.0 3.0 262 234 209 2599 1162 173 3729 0.11 0:43;*" : �; 0.28 0.19 0.04 0.06 c0.51 0:21P', 0.74 0.59 .: 0.05. 0.59. ,_,0.06 ': "0:70 .• 0.39 66.0 57.0 55.7 5.1 8.7 5.2 10.2 6.9 1•1:00 .1.00 .1.00 1.44 1`132; 2.54" 2.24 2.14'. 1.9 10.3 3.7 0.3 0.7 0.1 13.1 0.2 68.0 67.3 59.4 7:7.':`:•12.2 ;13.2`:,35.9 ' ' 15.0 E EE A B B D B _68:0 62.5, 12.2 16.6.,E E E 8 B 4:5 :': 4.5 0.03 4.0 •V3:0 54 *•.&:q:.: ^aa�t•m,."�f '�'"s �, `...�- 5 ...:Z�P.- .JV�_r.«'i(:.:. ;' { 21.0 HCM Level of Service C 0.78 140.0 Sum of lost time (s) 12.0 73.3 %4 ICU Level of Service D 15 c9 WVH /Longacres Way With Project + Boeing - -- :1 .WBL -d: WBTF WBR .- NBL , NBT • N$R'. 1900 4.0 1.00 0.93 0.98 1695 0.98 1695 0 0.95 0 11 11.- Nlovemer!t q =, , . Lane Configurations ideal Fiow (vphpl) 1900 Total Lost time (s) Lane tit'. Factor Frt Fit Protected Satd. Flow (prot) Fit Permitted Satd. Flow (perm) Volume (vph) 10 Peak -hour factor, PHF 0.95 Adj. Flow . (vpti)' 11 RTOR Reduction (vph) 0 Lane Group:Flow (vph) 4 ' -0. Tum Type Split Protected Phases • 4 Permitted Phases Actuated.Green; G -(s) Effective Green, g (s) Actuated;g!C Ratio Clearance Time (s) Vehicle Extension (s) Lane Grp Cap (vph) v/s Ratio ?rot v/s Ratio Perm v/c Ratio • �' Uniform Delay, dl Progression;Factor Incremental Delay, d2 Delay (s)., Level of Service Approach DelayJ(s)- Approach LOS Intersection ,Sumary. °51 ' .; HCM Average Control Delay HCM- Velume,to C,aP'aoity'ratio Actuated Cycle Length (s) Intersection'. Capacity Util nation ' Analysis Period (min) c• . Cnticai Lane Groups JTE, INC Jake Traffic Engineering, Inc. 4.5 4.5 0.03 4.0 3.0 54 c0:01. 0,21 66.0 1.00 1.9 "68 :0 E 68.0 E 4 1900 1900 1900 4.0 1.00. 1.00 0.95 1774 0.95 1774 10.; °182 1 0.95 0.95 0.95 11 • 192 1 0 0 0 0 : -0'� 193 Split 4 8 ., r 8. 20.7: 20.7 0.15• 4.0 J3.0 262 0.11 0.74 57.0 1900 1900 1500 1900 1900 1900 1900 4.0 4 -0 4.0 4.0 4.0 4.0 1.00 1.00 0.95 1.00 1.00 0.91 0.85 1.00 1.00 0.85 1.00 1.00 1.00 0.95 .1.00 1 :00 0195 1.00 1583 1770 3539 1583 1770 5079 1.00 0.17 1.00' 1;00 0.95.. 1 :00. 1583 321 3539 1583 1770 5079 279 10 1450 88 115 1360 10 0.95 0.95 0.95 0.95 0.95 0.95 0.95 294, 11' 1526, }.: ':93 121 ,:;1432' 11 187 115 0 39 0 1 0 107 11' 1526 • 54 121 ., 1442 0 Perm Perm Perm Prot • :.:a' P'i.' 8 2 2 20.7 '80.9: • 80.9 `'80,9. • 17.9: x102.8 20.7 80.9 80.9 80.9 17.9 102.8 0.15 0.58 0:58 - 0 :58 .0;13 0.73 4.0 4.0 4.0 4.0 4.0 4.0 3.0 . ,3:0)+ 3.0 3:0'° 3.0 3:0' 234 185 2045 915 226 3729 c0.43' . c0.07 ' 0.28 0.19 0.03 0.06 0.46ry .'.0.06 0:751+1+0.06' 0.54:;:);0.39 54.5 12.9 21.9 12.9 57.2 6.9 1.00�' 1 :00 1.45 - 1.22' 2.79 0:65 • • 2.64 10.3 1.4 0.4 1.8 0.1 1.4 0.2 67.3 55.9 - 19.1 28.5;;* 36'.2 38.5. - '-:98 :4 Et B C D D B 60.4 28.9 19 :9 E C B Tukwila Station 4/19/2005 sd " FN.L'<.- .. 'ry -: U'a•1...'e R;d, e' 'd.'° a .rF. F: ' ,w;17.77.,.; i r•i 6. -- 29.5 HCM Level of Service C 0.79 c"'' •sa .�`_ . 140.0 Sum of lost - time (s) 16.0 73.3 %'. , ;TT ICU Level of Service 0. 15 0 Minnie Dhaliwal - FW: Tukwila Station TT Page The City has ample information, tweaking 1/4 of 1% of the traffic due to difference in pass -by assumptions or tweaking the distribution ( -10 PM peak hour trips) makes no difference. Our analysis tools are not precise enough to ascertain a difference. In closing I am a PE with a PTOE certification, my TIA is reasonable and evaluated the traffic impact of the Tukwila Station. Arguing about 10 peak hour trips here or eight there affecting a corridor serving over 3,000 peak hour trips is pointless. The City should not defer their decision making authority to a unlicensed third party. Contact me if you have any question. Mark J. Jacobs, P.E., P.T.O.E. 7731 8th Avenue SW Seattle, WA 98106 -2007 Tel: 206.762.1978 Cell: 206.799.5692 Original Message From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <jaketraffic @comcast.net> Cc: <mdhaliwal @ci.tukwila.wa.us >; <kkester @earthlink.com >; <jpace @ci.tukwila.wa.us> Sent: Wednesday, April 20, 2005 6:33 PM Subject: FW: Tukwila Station Mark Mark I hope there is a way to coordinate this tomorrow morning. The 15% seems a bogus issue since we are ADJACENT TO the railroad station. The retail seems silly, but I guess we have to respond. It is such a small area and it is divided into two spaces by the condo main entry. Therefore it means that each of the two is too small to be a restaurant use or other high traffic generator. They truly are going to be services related to the occupants of the building and as such should have minimal impact on trip generation. As to Senior Housing, I just had a meeting with Ken today and the latest proforma is based on condominiums, definitely not senior housing. We changed to a right turn only at the west entry drive, so I don't understand the continued concern regarding sight distance. The projected traffic from the east is minimal and our east entry drive is already approximately 150 feet from the railroad tunnel to the east. My biggest heartburn regarding this ongoing brouhaha is that these Minnie Dhaliwal - FW: Tukwila Station seemingly minor issues are threatening to postpone the BAR hearing into next month, which in turn really pushes the project into late fall. Please see what you can do to "diplomatically" resolve these items. Thanks for your attention to this matter. Bill Original Message From: Cyndy Knighton [ mailto :cknighton @ci.tukwila.wa.us] Sent: Wednesday, April 20, 2005 5:48 PM To: Minnie Dhaliwal Subject: Tukwila Station Tom has been briefed on our timing restraints. If we get modified answers to him between 10 and 3 tomorrow we can get his buy -off by 4pm. Outstanding is the issue of pass -by trips for specialty retail. Possibly outstanding are the issues of sight distance, trip distribution, and LOS analysis. Definately need to see his LOS calculations. Will look to Tom to see if he accepts the 15% reduction due to proximity to rail. Also, Mark Jacobs is stating that there may be a possibility of a change of use from multi - family to senior housing. If that's even a possibility, I think the City should know about it. Cyndy CC: <jaketraffic @comcast.net >, <prettypauli @aol.com> Minnie Dhaliwal - RE: Tukwila Station From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "Minnie Dhaliwal" < mdhaliwal @ci.tukwila.wa.us> Date: 4/20/05 6:10PM Subject: RE: Tukwila Station Minnie I put a call in to him earlier and left a voice message regarding this. He is supposed to coordinate with me first thing in the morning. I will keep you posted. Have a nice evening. Bill Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Wednesday, April 20, 2005 5:54 PM To: Bill Rutledge Subject: Fwd: Tukwila Station Hi Bill, As per my phone message, it appears that there are still outstanding traffic issues. Please contact Mark and let me know if we can get him to agree and respond to traffic comments that were provided earlier. Attached is the email I got from Cyndy. If we are to keep the hearing on April 28, we have to issue a SEPA determination tomorrow, which means we have to resolve the traffic stuff tomorrow morning. Minnie Minnie Dhaliwal - Re: Fwd: Tukwila Station From: Joanna Spencer To: Minnie Dhaliwal Date: 4/20/05 2:34PM Subject: Re: Fwd: Tukwila Station Feb 11, 2005 Preliminary Technical Information Report revised March 7, 2005 prepared by Pacific Engineering Design, LLC., Renton, WA. FYI, PW has a minor comment reg the South detention vault. Page 54 sheet P09 Section B -B needs a baffle and 0.5 ft for sediment storagein addition to 3.47 ft of required dead storage depth per calcs on page 63. Inlet to the vault shall be submerged (refer to pages 6 -82 and 6 -85 of KC Surgace Water Design Manual 1998 edition.I Page Minnie Dhaliwal - Tukwila Station Page 1 From: Minnie Dhaliwal To: Joanna Spencer Date: 4/20/05 2:05PM Subject: Tukwila Station Minnie Did you get a chance to look up who prepared their TIR and the date when it was prepared? Thanks.. Minnie Dhaliwal - Re: Tukwila Station From: "Mark Jacobs" <jaketraffic @comcast.net> To: "Minnie Dhaliwal" < mdhaliwal @ci.tukwila.wa.us> Date: 4/20/05 9:08AM Subject: Re: Tukwila Station ok Mark 206.762.1978 Page 1 Mark J. Jacobs, P.E., P.T.O.E. 7731 8th Avenue SW Seattle, WA 98106 -2007 Tel: 206.762.1978 Cell: 206.799.5692 Original Message From: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> To: <jaketraffic @comcast.net> Sent: Wednesday, April 20, 2005 9:03 AM Subject: Re: Tukwila Station Hi Mark, I will need four copies of the reports. Minnie »> "Mark Jacobs" <jaketraffic @comcast.net> 04/20/05 08:26AM »> Minnie Attached is my response letter. Please let me know how many reports you require? The attachments will be included with the reports sent to you. > Original Message > From: "Bill Rutledge" <Bill @rutledgemaul.com> > To: <jaketraffic @comcast.net> > Sent: Tuesday, April 19, 2005 10:47 AM > Subject: FW: Tukwila Station > Mark > Minnie just forwarded this letter from Cindy and asked if she could get > a letter back from you in response. I haven't looked at it, but Minnie > didn't seem to indicate that there were any big issues. Could you please > take a look and put together a response memo for her. > Thanks, > Bill Rutledge > Original Message > From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] > Sent: Tuesday, April 19, 2005 10:14 AM > To: Bill Rutledge Minnie Dhaliwal - Re: Tukwila Station > Subject: Fwd: Tukwila Station > Hi Bill, > I have received these comments from our Traffic Engineer. Please have > your traffic consultant respond as soon as possible. > Minnie. Minnie Dhaliwal - Fwd: Tukwila Station From: Minnie Dhaliwal To: Cyndy Knighton Date: 4/20/05 9:04AM Subject: Fwd: Tukwila Station Hi Cyndy, This is the response I got from Mark Jacobs. Minnie page 11 Minnie Dhaliwal - Tukwila Station T Page 1 From: "Mark Jacobs" <jaketraffic @comcast.net> To: < mdhaliwal @ci.tukwila.wa.us> Date: 4/20/05 8:33AM Subject: Tukwila Station Minnie Attached is my response letter. Please let me know how many reports you require? The attachments will be included with the reports sent to you. Mark 206.762.1978 > Original Message > From: "Bill Rutledge" <Bill @rutledgemaul.com> > To: <jaketraffic @comcast.net> > Sent: Tuesday, April 19, 2005 10:47 AM > Subject: FW: Tukwila Station > Mark > Minnie just forwarded this letter from Cindy and asked if she could get > a letter back from you in response. I haven't looked at it, but Minnie > didn't seem to indicate that there were any big issues. Could you please > take a look and put together a response memo for her. > Thanks, > Bill Rutledge > Original Message > From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] > Sent: Tuesday, April 19, 2005 10:14 AM > To: Bill Rutledge > Subject: Fwd: Tukwila Station > Hi Bill, > I have received these comments from our Traffic Engineer. Please have > your traffic consultant respond as soon as possible. > Minnie. CC: "Ken Kester, President" <kkester @earthlink.net >, "Bill Rutledge" <Bil l @rutledgemaul.com> Minnie Dhaliwal - Re: Fwd: FW: boeing comments Page From: Cyndy Knighton To: Minnie Dhaliwal Date: 4/19/05 5:14PM Subject: Re: Fwd: FW: boeing comments Yes, and Tom was given these as well. However, they still need to include the agreement volume of 390 trips for boeing as well as address the other comments. »> Minnie Dhaliwal 04/19/05 04:34PM »> Hi Cindy, I had sent the applicant a copy of the Boeing comment letter. This is their response to Boeing's comments. These were sent to me prior to them receiving your and Mirai's memo. They will be responding to your comments separately. CC: Joanna Spencer Minnie Dhaliwal Fwd: FW: boeing comments From: Minnie Dhaliwal To: Cyndy Knighton Date: 4/19/05 4:34PM Subject: Fwd: FW: boeing comments Hi Cindy, I had sent the applicant a copy of the Boeing comment letter to the applicant. This is their response to Boeing's comments. These were sent to me prior to them receiving your and Mirai's memo. They will be responding to your comments separately. CC: Joanna Spencer Page 1 _= Minnie Dhaliwal - Re: Tukwila Station Page 1 From: Minnie Dhaliwal To: Mark Jacobs Date: 4/20/05 9:03AM Subject: Re: Tukwila Station Hi Mark, I will need four copies of the reports. Minnie »> "Mark Jacobs" <jaketraffic @comcast.net> 04/20/05 08:26AM »> Minnie Attached is my response letter. Please let me know how many reports you require? The attachments will be included with the reports sent to you. Mark 206.762.1978 > Original Message > From: "Bill Rutledge" <Bill(a�rutledgemaul.com> > To: <jaketrafficcomcast.net> > Sent: Tuesday, April 19, 2005 10:47 AM > Subject: FW: Tukwila Station > Mark > Minnie just forwarded this letter from Cindy and asked if she could get > a letter back from you in response. I haven't looked at it, but Minnie > didn't seem to indicate that there were any big issues. Could you please > take a look and put together a response memo for her. > Thanks, > Bill Rutledge > Original Message > From: Minnie Dhaliwal [ mailto :mdhaliwalta7ci.tukwila.wa.usl > Sent: Tuesday, April 19, 2005 10:14 AM > To: Bill Rutledge > Subject: Fwd: Tukwila Station > Hi Bill, > I have received these comments from our Traffic Engineer. Please have > your traffic consultant respond as soon as possible. > Minnie. Minnie Dhaliwal - Tukwila Station Page 1 From: Cyndy Knighton To: Minnie Dhaliwal Date: 4/18/05 6:49PM Subject: Tukwila Station Comment memos Minnie Dhaliwal - Tukwila Station 4- 18- 05.doc Memorandum 1 Transportation Planning Engineering To: Cyndy Knighton, Senior Transportation Engineer, City of Tukwila From: Tom Noguchi, Mirai Transportation Planning and Engineering Subject: Tukwila Station Traffic Impact Analysis Report: Response Date: April 18, 2005 Mirai Transportation Planning and Engineering reviewed a report, entitled Tukwila Station Response to March 18` 2005 Memorandum, dated March 28, 2005. This report was prepared by Jake Traffic Engineering (JTE) in response to my memorandum dated March 18, 2005. My comments to the March 28t memorandum are outlined below: 1. Trip Generation As acknowledged by the applicant traffic consultant, it is appropriate to use the trip generation equation, instead of the average rate. The applicant insists that the proposed retail would be a specialty retail use and he provides a rationale using a coffee shop as an example. It would be difficult to accept his rationale that a coffee shop or similar uses is specialty retail. The applicant must find more appropriate retail use and a select trip generation rate corresponding to the use. The applicant's traffic consultant has not responded to my following comments in my March 18` memo: "JET applied a 15 percent vehicle trip reduction due to projected mode split increases by residents. The report states that this reduction can be justified due to the proximate location to the Transit Centers and Light Rail Stations. Neither of those is within a walking distance for the proposed development. This reduction is excessive. It is possible that this development could achieve to a 5 percent reduction since it is within a walking distance of the Commuter Rail Station." "JET applied a 34 percent reduction in the retail trip generation due to pass -by trips. This is excessive for specialty retail use." I recommend that a 10 percent reduction for pass -by trips be applied to retail trip generation. Comments on Tukwila Station Response to March 18 2005 Memorandum Page 1 Page 1 « Minnie Dhaliwal - Tukwila Station 4- 18- 05.doc 2. Trip Distribution: 3. Site Access: 4. Agency Traffic Impact Mitigation Requirements: r a i «'. Transportation Planning S. Engineering The response report does not provide adequate explanations as to how the traffic consultant obtained the existing trip distribution pattern. I strongly recommend that the Tukwila model be used to obtain the trip distribution. I ran the selected zone assignment for the zone that contains the proposed housing development, which is attached to this memo. It shows the percentage distribution from the proposed development site. The applicant should use the trip distribution percentages to calculate the pro -rata share of the project generated trips to mitigate traffic impacts from the proposed development. The applicant traffic consultant recommends that the project meet "the stopping distance criteria of 155 feet at the eastern access driveway on Longacres Way ". This memorandum does not provide adequate information as to how the traffic consultant determined 155 feet of the site distance adequate at this location. The applicant must assume that there will be developments on the Boeing property east of the railroad in the City of Renton and the access for the property will be provided through Longacres Way. Therefore, the applicant should not assume that the street would continue to be gated as it is today in the future. With this assumption, we need to know what are the adequate stopping and entering site distances. The report must indicate what action the applicant must take to meet the adequate site distance. Before the City can accept the traffic mitigation, the applicant must obtain an approval on the total trips generated by the proposed development. Then, the applicant will be required to calculate the tip mitigation fee based on the trip distribution. As indicated above, we strongly suggest that the applicant use the trip distribution, which is attached to this memo. 5. Background Traffic and Level of Service at the Longacres Way/West Valley Highway: There was an agreement between the City of Tukwila and The Boeing Company about how to mitigate traffic impacts from Longacres Office Park. According to Comments on Tukwila Station Response to March 18 2005 Memorandum Page 2 Paget Minnie Dhaliwal - Tukwila Station 4- 18- 05.doc Transportation Planning 6 Engineering this agreement, the City allowed 390 AM and PM peak hour trips to use Longacres Way from the Office Park. Because of this agreement, the Tukwila Station traffic impact analysis must assume 390 tips as a part of the background traffic. The intersection levels of service should be revised to include these trips. Again, I strongly recommend that the attached trip distribution map be used to distribute these 390 trips. Without the trips from the Longacres Office Park, the delays on the southbound left turn lane on West Valley Highway approaching Longacres Way and the westbound lanes on Longacres Way approaching West Valley Highway are excessive. This problem will be worsened with additional trips from the Office Park. I suggest that the applicant traffic consultant should re- calculate the level of service and optimize the traffic signal at this intersection to see if modifications could be done to improve LOS and demonstrate that modifications can be beneficial. Comments on Tukwila Station Response to March 18th, 2005 Memorandum Page 3 Minnie Dhaliwal - Tukwila Station Select_ Zone 21.pdf Page 1 Minnie Dhaliwal - doc1_ doc TO: Minnie Dhaliwal FROM: Cyndy Knighton DATE: April 18, 2005 RE: Tukwila Station Public Works Department, Engineering Memorandum Attached to this memorandum is the review comments on the Tukwila Station as provided by our consultant, Mirai Transportation and Planning. That memo recommends several points. However, I am going to require that the LOS analysis include the 390 trips allocated to Boeing Longacres Park and that it be distributed using the attached trip distribution, also provided by Mirai. F urther, the applicant's engineer must either use the same trip distribution or provide adequate justification on the pattern he is using today. Boeing has expressed concern over possible cut - through traffic. I am not concerned that this will be an issue given the unknown nature of this future access point. Per my conversation today with Shaunta Hyde and Laura Whitaker of Boeing, they are not sure how major of an access point this will be for the future development, are not sure if the entrance will be gated and/or monitored, and are not sure of the development timeline. I suggest that a condition be placed on the Tukwila Station allowing provision of monitoring cut - through traffic on the Boeing site. Should it become problematic, we should include some sort of provision for the developer to mitigate the negative impacts. However, it is not appropriate for the TIA to include any analysis of trips going east through the Boeing site. The other recommendations in the memo from Mirai should be addressed by the applicant's engineer as well. Page 1 J Minnie Dhaliwal - Tukwila Station mixed use project Hi Bob, Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 From: Minnie Dhaliwal To: Robert Abbott Date: 4/18/05 2:23PM Subject: Tukwila Station mixed use project This is regarding a 291 unit mixed use project that is proposed next to the Sounder Station on Longacres Way. I left a set of plans in your mailbox at the police station in the City Hall for your review. I was wondering if you will have some time in the next couple of days to look at them and give me your comments. Please let me know if you have any questions. Page 1] Minnie Dhaliwal - Tukwila Station project From: Minnie Dhaliwal To: Bill @rutledgemaul.com Date: 4/15/05 5:11 PM Subject: Tukwila Station project Hi Bill, The City's Public Works Department has provided some additional comments that you will need to address as part of the building permit process: 1. The existing lift station is owned by Sound Transit. Please submit a letter from Sound Transit approving the relocation. 2. Water Line shall be looped. A looped system was shown in the first submittal, however plans submitted on April 12 show a dead end water line at the proposed south detention vault. 3. Plan shall be reviewed by Puget Sound Energy due to power easement for the overhead installations at the north end of the property. PSE may impose some use restrictions due to voltage and clearance requirements. 4.Will the overhead power along the west side of the property be relocated or undergrounded? 5. Sheet PO4 shows fiber optics encroaching into the proposed open space. An easement will need to be executed. 6. Maintenance access road is required for storm drainage swale on the east side, so the City can perform maintenance. 7. Flood zone control permit will be required. All the applications and handouts were provided to you previously. 8. The gate control kiosk appears to block the fire access minimum width requirements. Please provide details of the gate control kiosk. 9.Storm Drainage: The drainage study indicates 10.2 cfs capacity for thee 18" RCP 84 ft long pipe. The existing 24" culvert -18cfs has less than 25 year capacity problem. There are two options to address this issue: a) Do over detention and detain up to a 100 year event so that the situation will not become worse; or b) Replace the 84 ft of 18" pipe with 48" pipe between the two structures and possibly replace the structure on the west side. 10. Is there an ALTA survey? Only a topographic survey was submitted with the application. Also, submit a copy of the Title report along with copies of all the easements and agreements. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwalci.tukwila.wa.us CC: Joanna Spencer Page 1 Minnie Dhaliwal - Tuk Station From: Cyndy Knighton To: Minnie Dhaliwal Date: 4/15/05 5:57PM Subject: Tuk Station I talked with Tom Noguchi this afternoon. He will get revisions to me early on Monday. I also have a call out to Shaunta Hyde of Boeing to discuss a couple questions I have of her. I'll probably give you a supplemental memo on what the TIA needs to include based on that conversation. I hope this is fast enough turn - around so they can make the SEPA window. Cyndy • Page 1 Memorandum My comments to the March 28 memorandum are outlined below: 1. Trip Generation Transportation Planning A Engineering To: Cyndy Knighton, Senior Transportation Engineer, City of Tukwila From: Tom Noguchi, Mirai Transportation Planning and Engineering Subject: Tukwila Station Traffic Impact Analysis Report: Response Date: April 18, 2005 Mirai Transportation Planning and Engineering reviewed a report, entitled Tukwila Station Response to March 18 2005 Memorandum, dated March 28, 2005. This report was prepared by Jake Traffic Engineering (JTE) in response to my memorandum dated March 18, 2005. As acknowledged by the applicant traffic consultant, it is appropriate to use the trip generation equation, instead of the average rate. The applicant insists that the proposed retail would be a specialty retail use and he provides a rationale using a coffee shop as an example. It would be difficult to accept his rationale that a coffee shop or similar uses is specialty retail. The applicant must find more appropriate retail use and a select trip generation rate corresponding to the use. The applicant's traffic consultant has not responded to my following comments in my March 18 memo: "JET applied a 15 percent vehicle trip reduction due to projected mode split increases by residents. The report states that this reduction can be justified due to the proximate location to the Transit Centers and Light Rail Stations. Neither of those is within a walking distance for the proposed development. This reduction is excessive. It is possible that this development could achieve to a 5 percent reduction since it is within a walking distance of the Commuter Rail Station." "JET applied a 34 percent reduction in the retail trip generation due to pass -by trips. This is excessive for specialty retail use." I recommend that a 10 percent reduction for pass -by trips be applied to retail trip generation. Comments on Tukwila Station Response to March 18 2005 Memorandum Page 1 2. Trip Distribution: 3. Site Access: 4. Agency Traffic Impact Mitigation Requirements: Tranaportatian Planning Enginaaring The response report does not provide adequate explanations as to how the traffic consultant obtained the existing trip distribution pattern. I strongly recommend that the Tukwila model be used to obtain the trip distribution. I ran the selected zone assignment for the zone that contains the proposed housing development, which is attached to this memo. It shows the percentage distribution from the proposed development site. The applicant should use the trip distribution percentages to calculate the pro -rata share of the project generated trips to mitigate traffic impacts from the proposed development. The applicant traffic consultant recommends that the project meet "the stopping distance criteria of 155 feet at the eastern access driveway on Longacres Way ". This memorandum does not provide adequate information as to how the traffic consultant determined 155 feet of the site distance adequate at this location. The applicant must assume that there will be developments on the Boeing property east of the railroad in the City of Renton and the access for the property will be provided through Longacres Way. Therefore, the applicant should not assume that the street would continue to be gated as it is today in the future. With this assumption, we need to know what are the adequate stopping and entering site distances. The report must indicate what action the applicant must take to meet the adequate site distance. Before the City can accept the traffic mitigation, the applicant must obtain an approval on the total trips generated by the proposed development. Then, the applicant will be required to calculate the tip mitigation fee based on the trip distribution. As indicated above, we strongly suggest that the applicant use the trip distribution, which is attached to this memo. 5. Background Traffic and Level of Service at the Longacres Way /West Valley Highway: There was an agreement between the City of Tukwila and The Boeing Company about how to mitigate traffic impacts from Longacres Office Park. According to this agreement, the City allowed 390 AM and PM peak hour trips to use Longacres Way from the Office Park. Because of this agreement, the Tukwila Comments on Tukwila Station Response to March 18 2005 Memorandum Page 2 Transportation Planning A Engineering Station traffic impact analysis must assume 390 tips as a part of the background traffic. The intersection levels of service should be revised to include these trips. Again, I strongly recommend that the attached trip distribution map be used to distribute these 390 trips. Without the trips from the Longacres Office Park, the delays on the southbound left turn lane on West Valley Highway approaching Longacres Way and the westbound lanes on Longacres Way approaching West Valley Highway are excessive. This problem will be worsened with additional trips from the Office Park. I suggest that the applicant traffic consultant should re- calculate the level of service and optimize the traffic signal at this intersection to see if modifications could be done to improve LOS and demonstrate that modifications can be beneficial. Comments on Tukwila Station Response to March 18 2005 Memorandum Page 3 Base Year 2003 (03 Network.. 00 LU) Scenario 7007: sl for TAZ 21 2005 -04 -13 13:13(bob) PM Vehicle Distribution ( %) To and From TAZ21 Minnie Dhaliwal - Tukwila Station Select Zone 21.pdf Page 1 Minnie Dhaliwal - Fwd: FW: boeing comments From: Minnie Dhaliwal To: Cyndy Knighton Date: 4/15/05 8:51AM Subject: Fwd: FW: boeing comments Hi Cyndy, Attached is the response from Mark Jacobs regarding Boeing comments. Minnie Minnie Dhaliwal - FW: boeing comments From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/15/05 7:46AM Subject: FW: boeing comments Minnie I am forwarding the response from our traffic engineer to the comments from Boeing. I believe he answers the concerns that were raised. Have a great day. Bill Rutledge Original Message From: Mark Jacobs [mailto:jaketraffic@comcast.net] Sent: Thursday, April 14, 2005 6:07 PM To: Bill Rutledge Cc: Ken Kester, President Subject: boeing comments Bill I have received comments from Boeing (via Perkins Coie) regarding the Tukwila Station TIA dated April 14, 2005. Boeings comments: 1. A historical growth factor was used to account for general development as well as the inclusion of the Westfield Shoppingtown traffic. 2. The use of the Westfield DEIS transportation document was limited to traffic volume data that was augmented by additional traffic counts for the subject Tukwila Station TIA. The methodology used was pursuant to City criteria and the Conclusions determined were done independent of the Westfield traffic work. The Boeing letter discusses planning for their Longacres project is being done, however no specific building permit is alluded too. 3. S. Longacres Way is a Dead End public street. Boeing comment 4 clarifies this. Ample traffic capacity exists at the WVH /S. Longacres Way I/S to accommodate the potential (no identified building permit) added traffic by Boeing Longacres. This I/S is projected to operate at LOS B in 2010. Further, my TIA did not include the WVH widening improvements, thus the analysis is conservative. 4. The Boeing site is fenced off and if ever developed would presumably be signed private property. 5. S. Longacres Way is a low speed Dead End street. Thus stopping sight distance is the appropriate criteria. A minimum stopping sight distance of 155 feet has been recommended. Page 1 i Minnie Dhaliwal - FW: boeing comments Contact me if you have any questions. Mark Mark J. Jacobs, P.E., P.T.O.E. 7731 8th Avenue SW Seattle, WA 98106 -2007 Tel: 206.762.1978 Cell: 206.799.5692 Page 2.1 From: "Cyndy Knighton" <lore @seanet.com> To: "Minnie Dhaliwal" < mdhaliwal @ci.tukwila.wa.us> Date: 4/14/05 2:07PM Subject: RE: Tuckwila Station Housing Development Response v1.doc Minnie Dhaliwal - RE: Tuckwila Station Housing Development Response v1.doc Minnie, my fax machine here isn't hooked up. Why not fax it straight to Mirai with a note that I'll call them tomorrow to discuss. Cyndy > Original Message > From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] > Sent: Thursday, April 14, 2005 12:01 PM > To: lore @seanet.com > Cc: Joanna Spencer > Subject: Re: Tuckwila Station Housing Development Response v1.doc > Cyndy, > Boeing faxed over their letter this morning. I don't have an > electronic copy that I can email to you. Do you have a fax? Or > can I fax them directly to Mirai? > Here is the summary of their comments: > 1. They refer to Transportation Mitigation Agreement between > Tukwila and Boeing in 1995 regarding Longacres Office Park(LOP). > I got a copy of this agreement from Joanna and can fax to Mirai. > 2. LOP should have been included for purposes of the Tukwila station. > 3. TIA appears to rely on Westfield DEIS. Boeing had commented on > that and city ignored it and is now using a flawed analysis as > the basis for assessing the impacts of other developments. > 4.Tukwila /Boeing agreement provides that 390 peak hr trips over > S. 158th Street. TIA does not account for these. > 5.TIA does not account for the potential for cut - through traffic. > 6. Stopping and entering sight distance provisions should be > considered for both left and right turns from the Tukwila > Station. A min of 200 feet of stopping sight distance and 330 > feet of entering sight distance be provided at both proposed site > driveways. > Minnie > »> "Cyndy Knighton" <lore @seanet.com> 04/14/05 10:25AM »> > Minnie, I am at home sick today but am checking email. This came in from > Tom Noguchi on the Tukwila Station project. IT IS NOT READY TO DISTRIBUTE > TO THE APPLICANT. There are typos in this memo and I'd like to know what > the Boeing concerns are and if they should be included in the > TIA. However, > I'm sending this to you so that you will know the report is not ready to > approve by Friday for the SEPA process. I'm certain I'll be in > tomorrow and > we can discuss. > Cyndy Minnie Dhaliwal - RE: Tuckwila Station Housing Development Response v1.doc Page 2 Minnie Dhaliwal - Tuckwila Station _Housing Development Response v1.doc Page 1 From: "Cyndy Knighton" <Iore @seanet.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/14/05 10:26AM Subject: Tuckwila Station Housing Development Response v1.doc Minnie, I am at home sick today but am checking email. This came in from Tom Noguchi on the Tukwila Station project. IT IS NOT READY TO DISTRIBUTE TO THE APPLICANT. There are typos in this memo and I'd like to know what the Boeing concerns are and if they should be included in the TIA. However, I'm sending this to you so that you will know the report is not ready to approve by Friday for the SEPA process. I'm certain I'll be in tomorrow and we can discuss. Cyndy Memorandum To: Cyndy Knighton, Senior Transportation Engineer, City of Tukwila From: Tom Noguchi, Mirai Transportation Planning and Engineering Subject: Tukwila Station Traffic Impact Analysis Report: Response Date: April 13, 2005 Mirai Transportation Planning and Engineering reviewed a report, entitled Tukwila Station Response to March 18 2005 Memorandum, dated March 28, 2005. This report was prepared by Jake Traffic Engineering (JTE) in response to my memorandum dated March 18, 2005. My comments to the March 28 memorandum are outlined below: 1. Trip Generation Transportation Planning A Engineering As acknowledged by the applicant traffic consultant, it is appropriate to use the trip generation equation, instead of the average rate. The applicant insists that the proposed retail would be a specialty retail use and he provides a rationale using a coffee shop as an example. It would be difficult to accept his rationale that a coffee shop or similar uses is specialty retail. The applicant must find more appropriate retail use and a select trip generation rate corresponding to the use. The applicant traffic consultant has not responded to my following comments in my March 18 memo: "JET applied a 15 percent vehicle trip reduction due to projected mode split increases by residents. The report states that this reduction can be justified due to the proximate location to the Transit Centers and Light Rail Stations. Neither of those is within a walking distance for the proposed development. This reduction is excessive. It is possible that this development could achieve to a 5 percent reduction since it is within a walking distance of the Commuter Rail Station." "JET applied a 34 percent reduction in the retail trip generation due to pass -by trips. This is excessive for specialty retail use." Comments on Tukwila Station Response to March 18 2005 Memorandum Page 1 2. Trip Distribution: The response report does not provide adequate explanations as to how the traffic consultant obtained the existing trip distribution pattern. I strongly recommend that the Tukwila model be used to obtain the trip distribution. I run the selected zone assignment for the zone that contains the proposed housing development, which is attached to this memo. It shows the percentage distribution from the proposed development site. The applicant should use the trip distribution percentages to calculate the pro -rate share of the project generated trips to mitigate traffic impacts from the proposed development. 3. Site Access: Transportation Planning Si. Engineering The applicant traffic consultant recommends that the project meet "the stopping distance criteria of 155 feet at the eastern access driveway on Longacres Way ". This memorandum does not provide adequate information as to how the traffic consultant determined 155 feet of the site distance adequate at this location. The report must indicate what action the applicant must take to meet the adequate site distance. 4. Agency Traffic Impact Mitigation Requirements: Before the City can accept the traffic mitigation, the applicant must obtain an approval on the total trips generated by the proposed development. Then, the applicant will be required to calculate the tip mitigation fee based on the trip distribution obtained from the Tukwila model network, which is attached to this memo. 5. Level of Service at the Longacres Way/West Valley Highway: The delays on the southbound left turn lane on West Valley Highway approaching Longacres Way and the westbound lanes on Longacres Way approaching West Valley Highway are excessive. The LOS on these movements is low. The signal timing at this intersection should be adjusted. The applicant should propose how the signal timing adjustment can be accomplished. Comments on Tukwila Station Response to March 18 2005 Memorandum Page 2 Minnie Dhaliwal - FW: Tukwila station site plan Page 2 (206) 440 -0330, FAX: (206) 362 -4381 zsofia @rutledgemaul.com Original Message From: Hempstead, Susan B [ mailto:susan.hempstead @ pse.com] Sent: Wednesday, April 13, 2005 4:02 PM To: Zsofia Tantos Subject: RE: tukwila station site plan Zsofia, Thank you for your email. I have forwarded your plans to our system planning engineers to review for conflicts. Do you anticipate the future movement of the railroad tracks will impact the development or are you building with that movement in mind? Kindest regards, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Zsofia Tantos [mailto:Zsofia @rutledgemaul.com] Sent: Wednesday, April 13, 2005 4:01 PM To: Hempstead, Susan B Subject: tukwila station site plan Susan, I was asked to send you a site plan of our project in Tukwila which is located south of 405, between the railroads and north of Longacres Way. As far as we know, the site is clear of any structure. Let me know if you have any questions, Zsofia Tantos Rutledgemaul Architects 19336 47th Ave. N.E. Seattle, WA 98155 (206) 440 -0330, FAX: (206) 362 -4381 zsofia @rutledgemaul.com CC: "Harris, Wayne A" <wayne.harris @pse.com >, "Jainga, Joe" <joe.jainga @pse.com >, IVlinnie Dhaliwal - Tukwila station, site plan <mdhaliwal @ci.tukwila.wa.us> Minnie Dhaliwal - FW: Tukwila station site plan From: "Hempstead, Susan B" <susan.hempstead @pse.com> To: <zsofia @rutledgmaul.com> Date: 4/14/05 9:40AM Subject: FW: Tukwila station site plan Thanks for the additional drawings, Zsofia. We really appreciate your assistance. We're most concerned about the location of our facilities (especially the Nelson cable station) with respect to the development. I have cc'd PSE's system planning engineer and land manager on this email as well. Joe and Wayne, please see Zsofia's email & attachments below and contact her directly if you need additional drawings /information to review for potential conflicts. Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 -456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Zsofia Tantos [ mailto:Zsofia @rutledgemaul.com] Sent: Thursday, April 14, 2005 9:25 AM To: Hempstead, Susan B Subject: RE: tukwila station site plan Susan, yes, we are aware of the relocation of the railroad tracks. I just didn't want to confuse you right at the beginning with all of our different site plans for the different phases. But I'll send you both of our site plans showing the phases. In phase I we have a 30' easement towards the east which we are going to use as parking. When the railroad dissappears on the west side, we get 43' along that side, and we give up our 30' easement on the east side. Basically the difference between the two phases the location of our outdoor parking area, our building is not going to change. Let me know if you have any more questions, Regards, Zsofia Zsofia Tantos Rutledgemaul Architects 19336 47th Ave. N.E. Seattle, WA 98155 Page 1 Minnie Dhaliwal - Tukwila Station Page 1 From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/13/05 3:37PM Subject: Tukwila Station Hi Minnie I just wanted to check in and make sure that you received the final package that I couriered to yesterday. We are working with the artist on the third rendering and will get that and the materials board to you next week. Please let me know if there is anything else you need. Have a great evening. Bill Rutledge FMinnie Dhaliwal - RE: FW: Tukwila development From: "Hempstead, Susan B" <susan.hempstead @pse.com> To: "Minnie Dhaliwal" < mdhaliwal @ci.tukwila.wa.us> Date: 4/13/05 9:28AM Subject: RE: FW: Tukwila development Minnie, Thank you kindly for your email and voice mail. Our Senior System Planning Engineer is reviewing the parcel numbers you sent over to determine if they conflict with our facilities. I should hear back from him today or tomorrow. Thank you. Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Tuesday, April 12, 2005 2:25 PM To: Hempstead, Susan B Subject: Re: FW: Tukwila development Hi Susan, I am the planner reviewing Tukwila Station mixed use project. The parcel numbers for the project site are 242304 -9034, 242304 -9137 and 0005800013. Do you have a sketch showing locations of PSE facilities, so we can determine if there is a conflict? Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 (PH) 206 - 431 -3665 (FAX) mdhaliwal @ci.tukwila.wa.us »> "Hempstead, Susan B" <susan.hempstead @ pse.com> 04/12/05 09:52AM »> Lynn, I understand Moira is out until next Monday. Do you have any information on my question below (regarding the new development at longacres)? Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Page 1t Minnie Dhaliwal - RE: Tukwila development Page 2 Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Original Message From: Hempstead, Susan B Sent: Tuesday, April 12, 2005 9:47 AM To: 'Moira Bradshaw' Cc: Harris, Wayne A Subject: Tukwila development Hi Moira, Would you have any additional information regarding the City's recently approved development for 300 condos and 7,000 feet of retail at Longacres near 405 (near the railroad tracks). I am curious if this might be the property between the two railroad tracks centered somewhat around the old Longacres Wy street - one of the old accesses to the racetrack? PSE has two transmission lines, one is partially underground, and we have a 115kv cable station - which looks like a substation - where the transmission converts from overhead to underground. We would need to see how these facilities are affected by the proposed development if we are thinking of the same location. I'm also surmising that this property prompted our earlier email dialogue! Kindest regards, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead @pse.com www.pse.com Minnie Dhaliwal - RE: Tukwila development CC: <mdhaliwal @ci.tukwila.wa.us >, "Greg A. Diener" <greg @paceng.com> Page 3j Minnie Dhaliwal - RE: Tukwila development From: "Lou Larsen" <elarsen @paceng.com> To: "Bill Rutledge" <Bill @rutledgemaul.com> Date: 4/13/05 8:26AM Subject: RE: Tukwila development I don't think this is our site, especially concerning the bit about a cable station. I think this must be south of us. Just to be sure though, why don't you email Susan a site plan with vicinity map so she can see exactly where our site is. Lou From: Bill Rutledge [mailto:Bill @rutledgemaul.com] Sent: Tuesday, April 12, 2005 3:34 PM To: Lou Larsen Cc: mdhaliwal @ci.tukwila.wa.us Subject: FW: Tukwila development Lou Please take a look at the attached question from PSE. Do you have any information regarding this? Bill Rutledge Original Message From: Hempstead, Susan B [ mailto:susan.hempstead @pse.com] Sent: Tuesday, April 12, 2005 9:53 AM To: Imiranda @ci.tukwila.wa.us Subject: FW: Tukwila development Lynn, I understand Moira is out until next Monday. Do you have any information on my question below (regarding the new development at longacres)? [Minnie Dhaliwal - Fwd: FW: Tukwila development Page J Hi Bill, Minnie From: Minnie Dhaliwal To: Bill @rutledgemaul.com Date: 4/12/05 11:55AM Subject: Fwd: FW: Tukwila development Do you know of anything about the power substation and underground transmission lines that are referenced in the attached email from PSE? Minnie Dhaliwal - Re: FW: Tukwila development Page 1 From: Minnie Dhaliwal To: Hempstead, Susan B Date: 4/12/05 2:25PM Subject: Re: FW: Tukwila development Hi Susan, I am the planner reviewing Tukwila Station mixed use project. The parcel numbers for the project site are 242304 -9034, 242304 -9137 and 0005800013. Do you have a sketch showing locations of PSE facilities, so we can determine if there is a conflict? Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 (PH) 206 - 431 -3665 (FAX) mdhaliwal(a�ci.tukwila.wa.us »> "Hempstead, Susan B" <susan.hempstead @pse.com> 04/12/05 09:52AM »> Lynn, I understand Moira is out until next Monday. Do you have any information on my question below (regarding the new development at longacres)? Thanks, Susan Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead(a�pse.com www.pse.com Original Message From: Hempstead, Susan B Sent: Tuesday, April 12, 2005 9:47 AM To: 'Moira Bradshaw' Cc: Harris, Wayne A Subject: Tukwila development Hi Moira, Would you have any additional information regarding the City's recently approved development for 300 condos and 7,000 feet of retail at Longacres near 405 (near the railroad tracks). I am curious if this might be the property between the two railroad tracks centered somewhat around the old Longacres Wy street - one of the old accesses to the racetrack? PSE has two transmission lines, one is partially underground, and we have a 115kv cable station - which looks like a substation - where the transmission converts from overhead to underground. We would need to see how these facilities are affected by the proposed development if we are thinking of the same location. I'm also surmising that this property prompted our earlier email dialogue! Kindest regards, Susan Minnie Dhaliwal - Re: FW: Tukwila development Page 2 Susan Hempstead Local Government and Community Relations Manager Puget Sound Energy PO Box 97034, PSE 12N Bellevue, WA 98009 -9734 Phone: 425 - 456 -2838 Fax: 425 - 462 -3355 Email: susan.hempstead(a�pse.com www.pse.com Minnie Dhaliwal - RE: Tukwila Station From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> Date: 4/8/05 2:40PM Subject: RE: Tukwila Station Hello Minnie We have nearly completed the additional items you listed and should have everything for you next Tuesday. All of the items are reflected in the revised plans. The additional perspective will be ready by April 21st, and the materials board will be ready then also. I will have to talk with our ArchiCAD people regarding the bird's eye view. I think we should be able to have two or three for you, but they would not have the detailing on them or any landscape, people, lighting, etc. I think they would be a useful tool for review purposes as long as everyone looks past the lack of this detail. Have a great weekend. Bill Rutledge Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 08, 2005 2:00 PM To: Bill Rutledge Subject: Re: Tukwila Station Hi Bill, We think you have listed almost all the things we discussed at the meeting. Here are some additional items from my notes: 1. The street section will include a crossing to Sounder Station. Please reflect this in your Civil Plans. 2. Perimeter landscaping along Longacres will include shrubs and groundcover. 3. You will provide a conceptual plan of the proposed landscaping along the west side in UP track. We will recommend approval with a condition stating that you will work with UP to get a temporary easement for the proposed landscaping. 4. You will provide a conceptual plan of the sidewalk connection from the site to West Valley Highway. 5.In addition to the detailing of the joints in the hardipanel and stucco you will provide a wider and more prominent trim detail. 6.You will also provide a detail of the entrance gates. 7. You will provide a materials board prior to the hearing. 8. Is it possible to get the additional perspectives before April 22 as the packets along with staff report are mailed to the Planning Commissioners on April 22. Also, I need to talk to you about the possibility of getting a birds eye view or isometric just to get a feel for massing on the entire site. I provided you the flood control information from Public Works. I am still waiting for their formal response and will let you know if there are any additional items. Also, the City's traffic consultant is reviewing the revised traffic report and I will need their approval Page 1 rMinnie Dhaliwal - RE: Tukwila Station prior to SEPA determination. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Bill Rutledge" <Bill @rutledgemaul.com> 04/07/05 03:19PM »> Minnie I have the Civil Engineer and Landscape Architect making the changes to the site plan per the change to the ROW (12' vs. 18' from the Centerline), and the deletion of the "security fence ". They have told me that we will have these revised drawings available by next Tuesday. We are also proceeding with the changes to the Architectural drawings which include the following: * Add trellis detailing to the garage entries and to several locations on the building elevations. * Raise the barrel vault roofs above the loft type units and enlarge the knee brace details. * Add additional, more contrasting colors to the building 2/3 elevations. * Create a new color board for building 4/5. * Show detailing for typical joints in the hardipanel and stucco. These changes will also be completed and ready by next Tuesday. The existing color perspective of building 1 from the NE will be updated to show the new detailing and colors, and I will bring 12 copies of this on Tuesday. The additional color perspective of the West side of building 2/3 & building 4/5 will not be done for two weeks. This view will show the building entry with its additional detailing. I will bring you copies of it as soon as it is completed. I talked with Ken Kester this morning (he called from Germany). He was firm about meeting the current schedule for the hearing on April 28th, so I hope this quick turnaround on the changes will keep us on the schedule. Please let me know if there is anything else we need to coordinate with you. Thanks again for your help. Bill Rutledge Page 2 • Minnie Dhaliwal - Tukw Station Page 1 From: Joanna Spencer To: Minnie Dhaliwal Date: 4/6/05 8:09AM Subject: Tukw Station Would you please let the architect know that the property is within AH zone for flood control and give him FCZ bulletins. I'll be in class all day but i'll try to finish my review by the end of this wk. Fannie Dhaliwal - RE: Tukwila Station mixed use project From: "Mark Hinshaw" <mhinshaw @LMNArchitects.com> To: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> Date: 4/4/05 7:21 AM Subject: RE: Tukwila Station mixed use project OK Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 5:07 PM To: Mark Hinshaw Subject: RE: Tukwila Station mixed use project Hi Mark, I have confirmed with Bill Rutlege (applicant's architect) and he can meet at 11:00 on Wednesday 4/6. So I was thinking we can meet with you at 10:30 and Bill can join us at 11:00. Let me know if this sounds OK. Minnie »> "Mark Hinshaw" <mhinshaw @LMNArchitects.com> 04/01/05 02:44PM »> On Wednesday I am only available between 10am and noon. (Next Thursday is completely open.) Original Message From: Minnie Dhaliwal [ mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 2:43 PM To: Mark Hinshaw Subject: RE: Tukwila Station mixed use project Hi Mark, This is regarding the proposed 300 unit mixed use project next to the Commuter Rail station in Tukwila. The applicant has revised their proposal to reflect your comments. We would like to schedule a meeting with you next week to go over their design. I will mail you a set today. So far I have only one colored rendering and they will bring the second one on Tuesday. Let me know if you are available to discuss this project on Wednesday 4/6 or Thursday 4/7. Thanks for all your input. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Mark Hinshaw" <mhinshaw @LMNArchitects.com> 02/08/05 09:OOAM »> Alice, In general, I would agree with you that they have done a pretty good job. Page 1 Minnie Dhaliwal - RE: Tukwila Station mixed -use project From: Minnie Dhaliwal To: Bill Rutledge Date: 4/1/05 5:08PM Subject: RE: Tukwila Station mixed -use project Have a great weekend. Bill Rutledge Original Message From: Minnie Dhaliwal [mailto:mdhaliwaltc7i ci.tukwila.wa.usl Sent: Friday, April 01, 2005 3:48 PM To: Bill Rutledge Subject: RE: Tukwila Station mixed -use project Hi Bill, Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwalci.tukwila.wa.us Hi Bill, The meeting is confirmed for this Wednesday 4/6 at 11:00 in our office. We will see you then. Minnie »> "Bill Rutledge" <Bill @rutledgemaul.com> 04/01 /05 04:16PM »> Minnie That works for me, so unless I hear otherwise, I'll see you at your office next Wednesday morning. Mark Hinshaw is available on Wednesday 4/6 between 10 and noon. Let me know if this time works for you to go over the design issues. Thanks. Page 11 Minnie Dhaliwal - RE: Tukwila Station mixed use project From: Minnie Dhaliwal To: Mark Hinshaw Date: 4/1/05 5:07PM Subject: RE: Tukwila Station mixed use project Hi Mark, I have confirmed with Bill Rutlege (applicant's architect) and he can meet at 11:00 on Wednesday 4/6. So I was thinking we can meet with you at 10:30 and Bill can join us at 11:00. Let me know if this sounds OK. Minnie »> "Mark Hinshaw" <mhinshaw @LMNArchitects.com> 04/01 /05 02:44PM »> On Wednesday I am only available between 10am and noon. (Next Thursday is completely open.) Original Message From: Minnie Dhaliwal [ mailto :mdhaliwal(a�ci.tukwila.wa.usl Sent: Friday, April 01, 2005 2:43 PM To: Mark Hinshaw Subject: RE: Tukwila Station mixed use project Hi Mark, This is regarding the proposed 300 unit mixed use project next to the Commuter Rail station in Tukwila. The applicant has revised their proposal to reflect your comments. We would like to schedule a meeting with you next week to go over their design. I will mail you a set today. So far I have only one colored rendering and they will bring the second one on Tuesday. Let me know if you are available to discuss this project on Wednesday 4/6 or Thursday 4/7. Thanks for all your input. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal(a�ci.tukwila.wa.us »> "Mark Hinshaw" <mhinshaw(a�LMNArchitects.com> 02/08/05 09:OOAM »> Alice, In general, I would agree with you that they have done a pretty good job. However, this is a very unusual project is that it is so long. (Its 1000 feet long...equivalent to three blocks in downtown Seattle!) Thankfully, it has been broken up to some degree. But, I think there could be a number of things done to further brake down the potential massiveness: -- Use a different material (and color) on the top floor. -- Add features to reduce the "flat top" effect, such as projecting trellises / brackets in certain areas near or below the cornice line. Page 1�i Minnie Dhaliwal - RE: Tukwila Station mixed use project Page 21 - - Treating the mechanical penthouses as a "feature" rather than merely boxes. Is rooftop access possible /desirable? (That could add plantings and arbor -like structures.) - - Haven't seen colors, of course, but recessed areas could /should be a different color. This would be a very massive project if it were all given a uniform "beige" treatment. - - I also think the window units seem kind of repetitive. There may be a way of providing variety. Are these comments appropriate / fair? Mark From: Alice Strand [mailto:astrand at7ci.tukwila.wa.usl Sent: Tue 2/8/2005 8:32 AM To: Mark Hinshaw Cc: Jack Pace Subject: Tukwila Station Hi Mark, No, I don't see any red flags. We have tried to keep them on track as far as open space and landscape requirments with feedback on past drawings. However, the main reason we asked you to help out is that we are short- staffed and I have not done design review on this type of project before...so I'm relying on you to spot problems that I may miss. I did make it clear from the outset that we expected them to comply with current BAR guidelines and to also "try' to comply with the new design guidelines coming out in the draft TUC plan. (I sent these to you a couple weeks ago) I think they have done well...and it looks very good to me. If you do have concerns. please let me know by end of day today so I can verify the concerns at this end. Thanks! Alice Alice Strand, AICP Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 | ---- - -- Minnie Dhaliwal ' RE: Tukwila Station mixed use project voice 206-431-3655 fax 208-431'3665 Minnie Dhaliwal - RE: Tukwila Station mixed use project Page 2 .` However, this is a very unusual project is that it is so long. (Its 1000 feet long...equivalent to three blocks in downtown Seattle!) Thankfully, it has been broken up to some degree. But, I think there could be a number of things done to further brake down the potential massiveness: -- Use a different material (and color) on the top floor. -- Add features to reduce the "flat top" effect, such as projecting trellises / brackets in certain areas near or below the cornice line. -- Treating the mechanical penthouses as a "feature" rather than merely boxes. Is rooftop access possible /desirable? (That could add plantings and arbor -like structures.) -- Haven't seen colors, of course, but recessed areas could /should be a different color. This would be a very massive project if it were all given a uniform "beige" treatment. -- I also think the window units seem kind of repetitive. There may be a way of providing variety. Are these comments appropriate / fair? Mark From: Alice Strand [mailto:astrand @ci.tukwila.wa.us] Sent: Tue 2/8/2005 8:32 AM To: Mark Hinshaw Cc: Jack Pace Subject: Tukwila Station Hi Mark, No, I don't see any red flags. We have tried to keep them on track as far as open space and landscape requirments with feedback on past drawings. However, the main reason we asked you to help out is that we are short- staffed and I have not done design review on this type of project before...so I'm relying on you to spot problems that I may miss. I did make it clear from the outset that we expected them to comply with current BAR guidelines and to also "try" to comply with the new design guidelines coming out in the draft TUC plan. (I sent these to you a couple weeks ago) I think they have done well...and it looks very good to me. If you do have concerns. please let me know by end of day today so I can verify the concerns at this end. Minnie Dhaliwal - RE: Tukwila Station mixed use project Page 31 Thanks! Alice Alice Strand, AICP Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 voice 206 -431 -3655 fax 206 - 431 -3665 astrand @ci.tukwila.wa.us Minnie Dhaliwal - RE: Tukwila Station From: Minnie Dhaliwal To: Bill Rutledge Date: 4/8/05 3:08PM Subject: RE: Tukwila Station Sounds good. »> "Bill Rutledge" <Bill @rutledgemaul.com> 04/08/05 02:44PM »> Hello Minnie We have nearly completed the additional items you listed and should have everything for you next Tuesday. All of the items are reflected in the revised plans. The additional perspective will be ready by April 21st, and the materials board will be ready then also. I will have to talk with our ArchiCAD people regarding the bird's eye view. I think we should be able to have two or three for you, but they would not have the detailing on them or any landscape, people, lighting, etc. I think they would be a useful tool for review purposes as long as everyone looks past the lack of this detail. Have a great weekend. Bill Rutledge Original Message From: Minnie Dhaliwal ( mailto :mdhaliwal(a�ci.tukwila.wa.usl Sent: Friday, April 08, 2005 2:00 PM To: Bill Rutledge Subject: Re: Tukwila Station Hi Bill, We think you have listed almost all the things we discussed at the meeting. Here are some additional items from my notes: 1. The street section will include a crossing to Sounder Station. Please reflect this in your Civil Plans. 2. Perimeter landscaping along Longacres will include shrubs and groundcover. 3. You will provide a conceptual plan of the proposed landscaping along the west side in UP track. We will recommend approval with a condition stating that you will work with UP to get a temporary easement for the proposed landscaping. 4. You will provide a conceptual plan of the sidewalk connection from the site to West Valley Highway. 5.In addition to the detailing of the joints in the hardipanel and stucco you will provide a wider and more prominent trim detail. 6.You will also provide a detail of the entrance gates. 7. You will provide a materials board prior to the hearing. 8. Is it possible to get the additional perspectives before April 22 as the packets along with staff report are mailed to the Planning Commissioners on April 22. Also, I need to talk to you about the possibility of getting a birds eye view or isometric just to get a feel for massing on the entire site. I provided you the flood control information from Public Works. I am Page 1 Minnie Dhaliwal - RE: Tukwila Station Page 21 still waiting for their formal response and will let you know if there are any additional items. Also, the City's traffic consultant is reviewing the revised traffic report and I will need their approval prior to SEPA determination. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal .ci.tukwila.wa.us »> "Bill Rutledge" <Billrutledgemaul.com> 04/07/05 03:19PM »> Minnie I have the Civil Engineer and Landscape Architect making the changes to the site plan per the change to the ROW (12' vs. 18' from the Centerline), and the deletion of the "security fence ". They have told me that we will have these revised drawings available by next Tuesday. We are also proceeding with the changes to the Architectural drawings which include the following: * Add trellis detailing to the garage entries and to several locations on the building elevations. * Raise the barrel vault roofs above the loft type units and enlarge the knee brace details. * Add additional, more contrasting colors to the building 2/3 elevations. * Create a new color board for building 4/5. * Show detailing for typical joints in the hardipanel and stucco. These changes will also be completed and ready by next Tuesday. The existing color perspective of building 1 from the NE will be updated to show the new detailing and colors, and I will bring 12 copies of this on Tuesday. The additional color perspective of the West side of building 2/3 & building 4/5 will not be done for two weeks. This view will show the building entry with its additional detailing. I will bring you copies of it as soon as it is completed. I talked with Ken Kester this morning (he called from Germany). He was firm about meeting the current schedule for the hearing on April 28th, so I hope this quick turnaround on the changes will keep us on the schedule. Please let me know if there is anything else we need to coordinate with you. Thanks again for your help. Bill Rutledge Minnie Dhaliwal - RE: Tukwila Station Hi Bill, From: Minnie Dhaliwal To: Bill Rutledge Date: 4/8/05 3:39PM Subject: RE: Tukwila Station Just one more thing on SEPA. The checklist I have is not signed. So maybe when you come in on Tuesday, you can sign it or if you are going to send the materials, please include one signed copy for the file. Also, it is missing the pages related to ESA screening checklist. I will fax over the missing pages. Please fill those as well. Also, I need the signed and notarized affidavit from the sign company that installed the notice board. Minnie »> "Bill Rutledge" <Bill @rutledgemaul.com> 04/08/05 02:44PM »> Hello Minnie We have nearly completed the additional items you listed and should have everything for you next Tuesday. All of the items are reflected in the revised plans. The additional perspective will be ready by April 21st, and the materials board will be ready then also. I will have to talk with our ArchiCAD people regarding the bird's eye view. I think we should be able to have two or three for you, but they would not have the detailing on them or any landscape, people, lighting, etc. I think they would be a useful tool for review purposes as long as everyone looks past the lack of this detail. Have a great weekend. Bill Rutledge Original Message From: Minnie Dhaliwal [ mailto :mdhaliwal Sent: Friday, April 08, 2005 2:00 PM To: Bill Rutledge Subject: Re: Tukwila Station Hi Bill, We think you have listed almost all the things we discussed at the meeting. Here are some additional items from my notes: 1. The street section will include a crossing to Sounder Station. Please reflect this in your Civil Plans. 2. Perimeter landscaping along Longacres will include shrubs and groundcover. 3. You will provide a conceptual plan of the proposed landscaping along the west side in UP track. We will recommend approval with a condition stating that you will work with UP to get a temporary easement for the proposed landscaping. 4. You will provide a conceptual plan of the sidewalk connection from the site to West Valley Highway. 5.In addition to the detailing of the joints in the hardipanel and stucco you will provide a wider and more prominent trim detail. Page Minnie Dhaliwal - RE: Tukwila Station 6.You will also provide a detail of the entrance gates. 7. You will provide a materials board prior to the hearing. 8. Is it possible to get the additional perspectives before April 22 as the packets along with staff report are mailed to the Planning Commissioners on April 22. Also, I need to talk to you about the possibility of getting a birds eye view or isometric just to get a feel for massing on the entire site. I provided you the flood control information from Public Works. I am still waiting for their formal response and will let you know if there are any additional items. Also, the City's traffic consultant is reviewing the revised traffic report and I will need their approval prior to SEPA determination. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwalna ci.tukwila.wa.us »> "Bill Rutledge" <Billarutledgemaul.com> 04/07/05 03:19PM »> Minnie I have the Civil Engineer and Landscape Architect making the changes to the site plan per the change to the ROW (12' vs. 18' from the Centerline), and the deletion of the "security fence ". They have told me that we will have these revised drawings available by next Tuesday. We are also proceeding with the changes to the Architectural drawings which include the following: Add trellis detailing to the garage entries and to several locations on the building elevations. Raise the barrel vault roofs above the loft type units and enlarge the knee brace details. Add additional, more contrasting colors to the building 2/3 elevations. Create a new color board for building 4/5. Show detailing for typical joints in the hardipanel and stucco. These changes will also be completed and ready by next Tuesday. The existing color perspective of building 1 from the NE will be updated to show the new detailing and colors, and I will bring 12 copies of this on Tuesday. The additional color perspective of the West side of building 2/3 & building 4/5 will not be done for two weeks. This view will show the building entry with its additional detailing. I will bring you copies of it as soon as it is completed. I talked with Ken Kester this morning (he called from Germany). He was firm about meeting the current schedule for the hearing on April 28th, so I hope this quick turnaround on the changes will keep us on the schedule. Please let me know if there is anything else we need to coordinate with you. Page 2 j Minnie Dhaliwal - RE: Tukwila Station Thanks again for your help. Bill Rutledge Page 3 j Minnie Dhaliwal - RE: a request From: "Ross Whitney" <ross @whitney - sons.com> To: "'Minnie Dhaliwal "' <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 6:42PM Subject: RE: a request Thank you very much. Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 5:22 PM To: ross @whitney - sons.com Cc: Cyndy Knighton Subject: Re: a request Mr. Whitney: I sent the Traffic Analysis report that you requested along with the revised report that I received this afternoon from the applicant to you. It went out in the mail this afternoon. Please let me know if you have any questions on the report. As I stated in my cover letter, please contact me directly if you have any questions instead of directly contact Mirai Associates. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Ross Whitney" <ross @whitney - sons.com> 04/01/05 07:03AM »> Minnie, What I request from the City of Tukwila, and it's the only thing I need, is a copy of the Traffic Impact Analysis Report for the Tukwila Station Housing Development, even though it is not the final draft. From me to drive from Gig Harbor to Tukwila and back during business hours is no trivial task. There is heavy traffic all the way. So thank you for your help. Ross Whitney 4606 131st St. CT NW Gig Harbor, WA 98332 253 858 9213 Minnie Dhaliwal - FW: 0401154128 001 From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 5:36PM Subject: FW: _0401154128_001 Minnie Attached is the soils investigation preliminary letter from AES. Aaron had an erroneous email address for you. I'll see you next Wednesday at 11:00 AM. Bill Rutledge Original Message From: Aaron McMichael [mailto:amcmichael @aesgeo.com] Sent: Friday, April 01, 2005 4:01 PM To: Ken Kester Cc: mdihaliwial @ci.tukwila.wa.us; Bill Rutledge; greg @paceng.com Subject: FW: _0401154128_001 «_0401 1 541 28_001.pdf» As requested by Mr. Bill Rutledge, please see the attached summary for the geotechnical investigation of the Tukwila Station project. G. Aaron McMichael, P.E., P.E.G. Associate Engineer Associated Earth Sciences, Inc. P: 425 827 -7701 F: 425 827 -5424 E: amcmichael @aesgeo.com Original Message From: Katherine Clemmens Sent: Friday, April 01, 2005 3:43 PM To: Aaron McMichael Subject: _0401154128_001 _0401154128_001 Minnie Dhaliwal - Re: FW: Pacific Commercial Properties development at Longacres From: Cyndy Knighton To: ross @whitney - sons.com Date: 4/1/05 5:09PM Subject: Re: FW: Pacific Commercial Properties development at Longacres Mr. Whitney: I believe you have already spoken with Minnie Dhaliwal about your concerns. Please keep your contact with Minnie ongoing but refrain from direct contact with Mirai Associates. They are not in the position to respond to you on behalf of the City. It is my understanding that Minnie is providing you with a copy of the Traffic Impact Analysis for this project. Although that TIA has not yet been accepted by the City (a formal process in which we deem the study adequate or not), it will show you the estimated traffic volumes associated with the proposed development. Should, after your review of the TIA, you have further questions, please continue to direct them to Minnie. She will ensure that you receive a reply which represents the City's response. We value your perspective on this proposed development and will do our best to have quality redevelopment coexist with surrounding uses, without negative impacts. Cyndy Original Message From: Ross Whitney [mailto:rosswhitnev-sons.coml Sent: Thursday, March 31, 2005 12:37 PM To: infotc'�i miraiassociates.com Subject: Pacific Commercial Properties development at Longacres The City of Tukwila told me that your company would be a consulting firm with respect to the Long Acres Development. The person I spoke to, the Planner in Charge, Minnie Dhaliwal, told me she would be forwarding my written questions to your company. In advance of you receiving them, I wondered if you could answer a basic question. Here it is: Does any brief written projection exist on the traffic impact the development may produce on (a) Longacres Way and (b) the intersection of that road with WV Highway? My building is occupied by A -L Welding, which is located on a short private road, Nelsen Place. We are located almost immediately west of the southern end of the development and immediately north of Longacres Way. Minnie just told me that the developer has presented to the City a plan for enlarging the sidewalk. No change to the road, the intersection, or the electric signalization is addressed: just sidewalk improvement. Moreover, the development, with some 420 proposed parking spaces, is completely landlocked except for the Longacres access. That's the only way in or out. As you can imagine, I foresee significant traffic problems at times of peak traffic. I'm deeply concerned about the adequacy of Longacres Way for this development and all the construction phases of it. Minnie Dhaliwal - Re: FW: Pacific Commercial Properties development at Longacres Page 21 At this point, I'm looking for summary information. Surely the developer has made traffic projections. Where is the best place to get them? Thanks very much. Ross Whitney (Whitney & Sons) Gig Harbor 253 858 9213 home and office Cyndy Knighton Senior Transportation Engineer 206.431.2450 (Direct Line) 206.433.0179 (Main Line) 206.431.3665 (Fax) CC: Minnie Dhaliwal Minnie Dhaliwal - RE: Tukwila Station mixed -use project From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 4:12PM Subject: RE: Tukwila Station mixed -use project Minnie That works for me, so unless I hear otherwise, I'll see you at your office next Wednesday morning. Have a great weekend. Bill Rutledge Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Friday, April 01, 2005 3:48 PM To: Bill Rutledge Subject: RE: Tukwila Station mixed -use project Hi Bill, Mark Hinshaw is available on Wednesday 4/6 between 10 and noon. Let me know if this time works for you to go over the design issues. Thanks. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us Page 1 Minnie Dhaliwal - Clarification on TIA Reviews by Mirai Associates Page 1 From: Cyndy Knighton To: Alice Deacy; Bob Giberson; Brandon Miles; Carol Lumb; David McPherson; Jack Pace; Jill Mosqueda; Joanna Spencer; Kathryn Devlin; Laurie Werle; Minnie Dhaliwal; Moira Bradshaw; Nora Gierloff Date: 4/1/05 2:57PM Subject: Clarification on TIA Reviews by Mirai Associates I received an email today from Tom Noguchi of Mirai Associates. He was contacted by a property owner who has concerns about traffic impacts from a nearby proposed development. This is prompting a clarification on Mirai's role in the review of traffic impact analyses submitted to the City. Mirai Associates is under limited contract with Public Works to review TIA documents for quality engineering, compliance with our concurrency ordinance, and overall impacts. They review the documents submitted and return a memo summarizing their findings for my review. Once I've approved the memo and passed it on to the responsible development engineer, Mirai's role is ended. Should a response be required by the developer, s /he must submit through normal processes at the permit counter. Nothing should be delivered directly to Mirai. Questions on the reports and /or response still need to be directed through the planner /engineer in charge and ultimately come through me or Bob Giberson for response or referral to Mirai. I hope this clarifies the roles on TIA's being reviewed by Mirai. Hopefully this process will be shortlived as we develop a new (and improved) way to study traffic impacts by new development. Cyndy Minnie Dhaliwal - RE: Tukwila Station mixed use project r Page 1 E From: "Mark Hinshaw" <mhinshaw @LMNArchitects.com> To: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 2:45PM Subject: RE: Tukwila Station mixed use project On Wednesday I am only available between 10am and noon. (Next Thursday is completely open.) Original Message From: Minnie Dhaliwal [mailto:mdhaliwal@ci.tukwila.wa.us] Sent: Friday, April 01, 2005 2:43 PM To: Mark Hinshaw Subject: RE: Tukwila Station mixed use project Hi Mark, This is regarding the proposed 300 unit mixed use project next to the Commuter Rail station in Tukwila. The applicant has revised their proposal to reflect your comments. We would like to schedule a meeting with you next week to go over their design. I will mail you a set today. So far I have only one colored rendering and they will bring the second one on Tuesday. Let me know if you are available to discuss this project on Wednesday 4/6 or Thursday 4/7. Thanks for all your input. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Mark Hinshaw" <mhinshaw @LMNArchitects.com> 02/08/05 09:OOAM »> Alice, In general, I would agree with you that they have done a pretty good job. However, this is a very unusual project is that it is so long. (Its 1000 feet long...equivalent to three blocks in downtown Seattle!) Thankfully, it has been broken up to some degree. But, I think there could be a number of things done to further brake down the potential massiveness: - - Use a different material (and color) on the top floor. -- Add features to reduce the "flat top" effect, such as projecting trellises / brackets in certain areas near or below the cornice line. - - Treating the mechanical penthouses as a "feature" rather than merely boxes. Is rooftop access possible /desirable? (That could add plantings and arbor -like structures.) -- Haven't seen colors, of course, but recessed areas could /should be a different color. This would be a very massive project if it were all given a uniform "beige" treatment. Minnie Dhaliwal - RE: Tukwila Station mixed use project -- I also think the window units seem kind of repetitive. There may be a way of providing variety. Are these comments appropriate / fair? Mark From: Alice Strand [mailto :astrand @ci.tukwila.wa.us] Sent: Tue 2/8/2005 8:32 AM To: Mark Hinshaw Cc: Jack Pace Subject: Tukwila Station Hi Mark, No, I don't see any red flags. We have tried to keep them on track as far as open space and landscape requirments with feedback on past drawings. However, the main reason we asked you to help out is that we are short- staffed and I have not done design review on this type of project before...so I'm relying on you to spot problems that I may miss. I did make it clear from the outset that we expected them to comply with current BAR guidelines and to also "try' to comply with the new design guidelines coming out in the draft TUC plan. (I sent these to you a couple weeks ago) I think they have done well...and it looks very good to me. If you do have concerns. please let me know by end of day today so I can verify the concerns at this end. Thanks! Alice Alice Strand, AICP Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 voice 206 - 431 -3655 fax 206 - 431 -3665 astrand @ci.tukwila.wa.us PageT2 !Minnie Dhaliwal - a request Page 1: From: "Ross Whitney" <ross @whitney - sons.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 4/1/05 7:01 AM Subject: a request Minnie, What I request from the City of Tukwila, and it's the only thing I need, is a copy of the Traffic Impact Analysis Report for the Tukwila Station Housing Development, even though it is not the final draft. From me to drive from Gig Harbor to Tukwila and back during business hours is no trivial task. There is heavy traffic all the way. So thank you for your help. Ross Whitney 4606 131st St. CT NW Gig Harbor, WA 98332 253 858 9213 t Minnie Dhaliwal - RE: Tukwila Station mixed -use project Page • From: Minnie Dhaliwal To: Bill Rutledge Date: 3/31/05 3:21 PM Subject: RE: Tukwila Station mixed -use project Hi Bill, Yes, please get everything you have to me by tomorrow. The actual soils report must be turned in by next week in order for SEPA determination to be issued on 4/15. The color renderings of 12 "x18" are OK if all the details show up well. I will need a total of 12 copies of the colored renderings for the public hearing. I will need additional copies of the plans for the hearing as well. Thanks.. Minnie »> "Bill Rutledge" <Bill @rutledgemaul.com> 03/31 /05 02:48PM »> Minnie I talked with Ken after lunch today and he apologized for forgetting the check - he will be at our office for a meeting tomorrow and said he will drop it off for us to get to you. I just received the revised traffic report from Jake Traffic Engineering, so I will have that for you also. In addition, I talked with Aaron McMichael, our soils engineer, regarding the soils report. They completed the field work last week and are working on the engineering report now. But, it will not be completed until late next week. I asked him to write a preliminary letter outlining the report so that we could submit it along with the full report on the adjacent site to the south that was previously done. The two sites are nearly identical in soils conditions with the exception that our site has somewhat deeper soft soils. The color boards are ready to submit and one rendering of the south west side of the project is also ready to submit. I just talked with the firm doing the other rendering and it will not be completed until next Tuesday. I have two 12" x 18" copies of the rendering, and I could not remember if you wanted a larger size copy or additional ones of the smaller version. I suggest that we get everything we have to you by tomorrow afternoon and follow up with the other rendering later. Let me know what you think of this plan of attack. Thanks for being so patient with us. Bill Rutledge Original Message From: Minnie Dhaliwal [mailto:mdhaliwalci.tukwila.wa.usl Sent: Wednesday, March 30, 2005 9:22 AM To: Bill Rutledge Subject: Tukwila Station mixed -use project Hi Bill, I just wanted to let you know that I have not yet received the fee for Minnie Dhaliwal - RE: Tukwila Station mixed -use project Conditional Use Permit ($2000). Please coordinate with Ken and let me know if that is in the process. And I will look forwarded to getting the rest of the items by this week. I talked to your sign company yesterday and they will complete the posting today. The comment period will end on April 13. And SEPA determination can be issued on April 14 (that is just 14 days before the date of the hearing, April 28). But for SEPA determination we need a revised traffic report and soils report. I am hoping we can get these by the end of this week. Please let me know if that is possible. Also, I am hoping to get the color renderings and materials board by the end of this week so I can schedule a meeting with Mark Hinshaw.Thanks.. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwaleci.tukwila.wa.us »> "Bill Rutledge" <Bill c(D.rutledgemaul.com> 03/28/05 04:19PM »> Hello Alice I will have the exhibits prepared and get them to you in the next couple of days. We have one of the color renderings and the second is a couple of days out (it is looking really good!). We are just finalizing the "color /materials boards" and will get all of these final items to Minnie before the end of the week. We coordinated getting the notice board sign up on the site Saturday, so I believe that will wrap things up. Let me know if there is anything else we need to do from this end. Have a great day. Bill Original Message From: Alice Strand [ mailto :astrandta'�.ci.tukwila.wa.us] Sent: Monday, March 28, 2005 1:58 PM To: Bill Rutledge Cc: Jack Pace; Shelley Kerslake Subject: land exchange and development agreement documents. Hi Bill, We need a couple of exhibits to attach to the legal documentation for these agreements and you are the most likley to be able to furnish them... they are: 1) A map /diagram of the easement that will granted for the temporary parking area to the east of the development. 2) a map /diagram which shows the temporary construction staging area also to the east of the development. These will be needed in order to finalize the agreements...which is tentatively set for August 1 or potentially earlier. Page 21 Minnie Dhaliwal - Tukwila Station mixed use project From: Minnie Dhaliwal To: Kkester @earthlink.net Date: 3/31/05 11:46AM Subject: Tukwila Station mixed use project Hi Ken, Jack asked me to provide you a list of pending items for the SEPA, Design Review and Conditional Use Permit: 1) Application fee of $2000 for the Conditional Use Permit. 2) Soils report 3) Response to comments by City's consultant on the traffic report. 4) Colored renderings and materials color board. Let me know if you have any questions. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal(a�ci.tukwila.wa.us Minnie Dhaliwal - RE: Tukwila Station mixed -use project hoping to get the color renderings and materials board by the end of this week so I can schedule a meeting with Mark Hinshaw.Thanks.. Minnie Dhaliwal Senior Planner City of Tukwila 206 - 431 -3685 mdhaliwal @ci.tukwila.wa.us »> "Bill Rutledge" <Bill @rutledgemaul.com> 03/28/05 04:19PM »> Hello Alice I will have the exhibits prepared and get them to you in the next couple of days. We have one of the color renderings and the second is a couple of days out (it is looking really good!). We are just finalizing the "color /materials boards" and will get all of these final items to Minnie before the end of the week. We coordinated getting the notice board sign up on the site Saturday, so I believe that will wrap things up. Let me know if there is anything else we need to do from this end. Have a great day. Bill Original Message From: Alice Strand [ mailto :astrand @ci.tukwila.wa.us] Sent: Monday, March 28, 2005 1:58 PM To: Bill Rutledge Cc: Jack Pace; Shelley Kerslake Subject: land exchange and development agreement documents. Hi Bill, We need a couple of exhibits to attach to the legal documentation for these agreements and you are the most likley to be able to furnish them... they are: 1) A map /diagram of the easement that will granted for the temporary parking area to the east of the development. 2) a map /diagram which shows the temporary construction staging area also to the east of the development. These will be needed in order to finalize the agreements...which is tentatively set for August 1 or potentially earlier. Thanks! Alice Alice Strand, AICP Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd Page 2 rMinnie Dhaliwal - RE: Tukwila Station mixed -use project Page Tukwila, WA 98188 voice 206 - 431 -3655 fax 206 - 431 -3665 astrand @ci.tukwila.wa.us Minnie Dhaliwal - Re: UP & BNSF Page 11 From: Bob Giberson To: Minnie Dhaliwal Date: 3/25/05 12:19PM Subject: Re: UP & BNSF Minnie: On this attached WSDOT rail contact list, John Trumbull for UP and Mike Cowles for BNSF are our contacts for these railroads. http: / /www.wsdot.wa.gov /Rail /information /railcontacts.cfm Bob »> Minnie Dhaliwal 03/25/05 11:54AM »> Hi Bob, I am trying to get a contact information and addresses for UP and BNSF to send them a notice of application for the Tukwila Station mixed use project. The notice is scheduled to go out on Monday. Thanks.... Minnie CC: Joanna Spencer Minnie Dhaliwal - RE: Tukwila Station Page 1� From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "Minnie Dhaliwal" <mdhaliwal @ci.tukwila.wa.us> Date: 3/10/05 3:27PM Subject: RE: Tukwila Station Minnie The soils engineer is scheduled to do his field work next week, and the report should follow within a week after that. We have asked Mutual Materials for samples of the brick and Milguard is getting samples of the Almond color for the vinyl windows. I am hoping to have this together by the end of next week. The color renderings are at least a week out according to the artist - I will get these to you as soon as they are completed. Ken will be mailing the check for the CUP and he will send it with you as the attention addressee. Thanks for your help. Bill Original Message From: Minnie Dhaliwal [mailto :mdhaliwal @ci.tukwila.wa.us] Sent: Thursday, March 10, 2005 10:58 AM To: Bill Rutledge Subject: Re: Tukwila Station Hi Bill, Please mail the check to my attention and I will make sure it gets entered in the system and will mail you the receipt. Also, please bring in the colored renderings and the color /materials board as soon as possible. We will need a materials board for BAR approval. Also, when do you think you will have the soils report? I will prepare the notice to go out in the mail. You will need to get notice board posted on the site. The specifications for the notice board are included in the application packet. Please let me know when you will have that done so I can date the notice accordingly. I will go thorough your submittal today and will let you know if there is anything else I need. Minnie »> "Bill Rutledge" <Bill @rutledgemaul.com> 03/10/05 09:27AM »> Minnie Attached is a copy of the transmittal that was attached to the submittal package yesterday. There are a couple of items I wanted to bring to your attention: Ken Kester is in California dealing with the death of his younger brother, so he won't be in contact until at least the week of March 21st. He mailed the checks for the submittal fees, but he forgot the Minnie Dhaliwal - RE: Tukwila Station $2,000.00 for the CUP. I was told at the intake counter to coordinate getting the check to you, but she said I should confirm it with you. I talked with Ken this morning and he will mail it today, so I should have it to you on Monday. I noted on the transmittal that we have not received the color perspectives as yet. I am meeting with the artist today and he is indicating that we should have them by the end of next week. As soon as I receive them I will have full size and 11" x 17" copies in color made. I will then drop them by the intake desk with you as the contact person. There was one original of the color chips in the 11" x 17" package. The other color copies do not read as well. I also realized that we don't have samples of the window frame color or the brick. Should I put together a full size sheet with all of these samples? Please let me know if there is anything else we need to get to you. Thanks and have a great day. Bill Page 2 Minnie Dhaliwal - Tukwila Station Page 1 1 From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 3/10/05 9:24AM Subject: Tukwila Station Minnie Attached is a copy of the transmittal that was attached to the submittal package yesterday. There are a couple of items I wanted to bring to your attention: Ken Kester is in California dealing with the death of his younger brother, so he won't be in contact until at least the week of March 21st. He mailed the checks for the submittal fees, but he forgot the $2,000.00 for the CUP. I was told at the intake counter to coordinate getting the check to you, but she said I should confirm it with you. I talked with Ken this morning and he will mail it today, so I should have it to you on Monday. " I noted on the transmittal that we have not received the color perspectives as yet. I am meeting with the artist today and he is indicating that we should have them by the end of next week. As soon as I receive them I will have full size and 11" x 17" copies in color made. I will then drop them by the intake desk with you as the contact person. There was one original of the color chips in the 11" x 17" package. The other color copies do not read as well. I also realized that we don't have samples of the window frame color or the brick. Should I put together a full size sheet with all of these samples? Please let me know if there is anything else we need to get to you. Thanks and have a great day. Bill CC: <jpace @ci.tukwila.wa.us >, "alice - tukwila city planner" <astrand @ci.tukwila.wa.us> Minnie Dhaliwal - Tukwila Station From: "Bill Rutledge" <Bill @rutledgemaul.com> To: <mdhaliwal @ci.tukwila.wa.us> Date: 3/7/05 2:58PM Subject: Tukwila Station Minnie The Civil Engineer had a slight glitch and had to revise the drainage design (there are now two drainage vaults). As a result, we will be submitting tomorrow instead of today. I had not thought to ask, so I hope this is not a potential problem - do we need to make an appointment to make the submittal? (I sure hope not!!!). We also were uncertain what your requirement for PMTs really means (PMTs are out of date as we know them). Do you really just want high resolution prints or do you have something else in mind. I understand that these are not due until later in the process, but the question came up from one of the consultants. Thanks for your help in these matters. Bill Page 1, Minnie Dhaliwal - Re: Tukwila Station From: ' Mirinie Dhaliwal` To: Bill Rutledge Date: 3/3/05 10:OOAM Subject: Re: Tukwila Station Hi Bill, 1) 11x17 set is OK. 2) PMTs can be submitted after BAR approval. 3 ) BAR application fee is $1400, SEPA- $500, Conditional Use Permit fee is - $2000. 4) We need four copies of any additional studies including the traffic report. 5)You can submit your application with the soils report to follow. However we will need it as soon as possible as it may need to be peer reviewed by the City's consultants. Let me know if you have any further questions. Minnie Dhaliwal Senior Planner City of Tuwkila 206 - 431 -3685 mdhaliwal(a�ci.tukwila.wa.us »> "Bill Rutledge" <Bill @rutledgemaul.com> 03/02/05 10:08AM »> Minnie We are finalizing our package for submittal next week and I had a couple of questions for you. • The application asks for one set of drawings at 8 1 /2 x 11. The drawings would be so small in scale at that size that I suggest we submit 11 x 17 (the 11 x 17 can be packaged as 8 1/2 x 11 by folding). Would this be acceptable? ' The application asks for a set of PMTs of the final drawing set due prior to final approval. Does this mean that we should hold up on having these done until after the BAR review? The BAR application fee is $1,400.00, but I recall that there is another fee due also ($300.00 for the SEPA review or something). Could you verify what the total fee amount due at submittal will be? ' We have had a full traffic study done and will submit with the package. How many copies of this are required? We discovered that the soils report the land owner provided was actually done for the adjacent site to the south. We have contracted for new testing and a new report, but it will not be completed by next week. Can we still submit the package with the new soils report to follow in 1 1 /2 - 2 weeks? Thank you for your attention to these matters. Bill Rutledge Page 1 Minnie Dhaliwal - Tukwila Station Page 1 From: Alice Strand To: Minnie Dhaliwal Date: 3/2/05 2:32PM Subject: Tukwila Station The Development Agreement Meeting resulted in an "action item" for you! But I took care of it since its also potentially a development agreement issue. This is just an FYI to keep you up to date. The project's storm drainage engineer needs to get with Joanna, Jim and Ryan Larson to discuss various issues....mainly the 48" pipe, a vault and pump station installed on the property by Sound Transit (st also owns and maintains it) when the site was going to be the Commuter rail station. The object of the discussion is for the Tukwila Station Engineers to then come back to the City with a workable proposal to install the 48" line (Kester can either partner up with Sound Transit to pay for this or install it himself and be reimbursed pro -rata through a latecomer's agreement). The engineers also probaly need to get with Sound Transit to discuss the vault/pump on the propoerty and what to do with it. They can potentially just leave it in place and make the parking lot and lanscaping over the top of it...costing little. But they probably need to discuss this with ST and come to some kind of agreement since ST owns the vault and pump. PS. I just spoke to Bill on the phone. 1. They already know about the vault and have already included it in their plans. The vault and pump station will stay but the controls will be moved. 2. They already know they have to build the 48" pipe and are partnering with Stewart McCleod to build it (ask me about this). I encouraged them to also contact Sound Transit because ST could potentially be incvolved in a latecomers..etc to help pay for that pipe. Bill will call the engineer and tell him to call Joanna to set up a meeting. CC: Jack Pace Minnie Dhaliwal - Tukwila Station Page 1 . From: Bob Benedicto To: Minnie Dhaliwal Date: 2/18/05 12:29PM Subject: Tukwila Station F.Y.I. I spoke to David Maul of R.M.U. architecture & planning regarding clarification to two code issues. 1. When is the use of a roof deck considered an additional story? Currently the 5 stories and 75 feet allows Type IIB construction. If use of the roof deck is considered an additional story then a higher classification of construction would be required. Ans: The use of the main roof deck as an assembly area for occupants of the building and their guests would not trigger a necessity to classify the building as 6 stories, provided that no wall enclosures and roof structures are part of the roof deck use proposal. However, Wheelchair accessibility would be required and at least two means of egress from the roof top. This would include extending the elevator stops to the roof and extending at least two of the stair enclosures to the roof top. A wheelchair accessible route of travel between the stair enclosures would also be required. 2. What fire separation is required at the two story lobby entry? Ans:The required (fire barrier) separation between the two story entrance lobby and the remainder of the building would depend upon the use that was separated. Currently they show a mercantile use, assembly use, office use and parking garage use that must be separated both horizontally and vertically (whichever the case may be) The separation would be from 1 to 2hrs fire rated construction. The best configuration of the separation would be the architects decision provided that the required separation is achieved. David indicated that now it would be a decision regarding $. The cost of an additional elevator stop and the additional stair enclosures to the roof level. CC: Alice Strand I Minnie Dhaliwal - Tukwila Station Page 1 t From: Donald Tomaso To: Minnie Dhaliwal Date: 2/18/05 8:35AM Subject: Tukwila Station Minnie, These are the couple of items that I have noticed so far with this project. 1) They will need to provide Aerial Truck Access to the building that is 26' in width. 2) The project also will have to comply with Ordinance #2053 for High -rise buildings. 3) The detention vault depending on location will have to support the Aerial outrigger loading. Bob B. stated he took care of the comments about the lack of side yards for the site. That should keep them busy for awhile. Don Minnie Dhaliwal - Tukwila Station meeting memo From: "Bill Rutledge" <Bill @rutledgemaul.com> To: "alice - tukwila city planner" <astrand @ci.tukwila.wa.us >, <jpace @ci.tukwila.wa.us> Date: 2/10/05 6:47PM Subject: Tukwila Station meeting memo Jack & Alice Attached is a memo I sent Ken sumarizing the review meeting we had today. I am forwarding you a copy so that your team can review it and get back to me if I missed something. Thanks and have a great evening. Bill Rutledge Page 1j Architecture a Planning rma Rutledge Maul Architects, P.S. Inc. February 9, 2005 Ken Kester Pacific Commercial Corp. PO Box 53405 Bellevue, WA 98015 Dear Ken: We had our first design review meeting with the City of Tukwila and Mark Hinshaw today and I wanted to give you a brief outline of the items discussed. The meeting went well and there were all of the items discussed were positive and constructive. The following is a summary of these items: • The long line of buildings on the west side were problematic. We discussed options that could help modulate the deck level of the building masses and all of us agreed that the center building (2 Et 3) should be shifted to the east side. This will do many positive things and allow a better solution overall. We have already shifted the building and should have a deck level plan to send you tomorrow. • The three foot "strip" of landscaping along the westerly drive was reviewed. Jack and Mark suggested that we contact the railroad about letting us do some landscaping along that edge of their property. Jack felt that there should be no problem with this and he will send a letter to the railroad asking for permission to do this. • We discussed adding street trees in the sidewalk at the entry, and at the north end of the site. Glen took note of these comments and will incorporate them into the final plan. • Mark suggested that there should be more variety of detailing, materials, canopies, etc. at the south retail elevation. We also discussed a more distinctive massing and detailing of the main building lobby entry. I mentioned the metal structures we were working on at the plaza and that we will look at tying this into the lobby facade design. • Everyone liked the roof elements I showed on building 2 -3, and it was suggested that we repeat this on building 1 and on lower level canopies. I will be doing studies of this as we refine the exterior of the buildings. • Mark asked about adding some window trim and other detailing. Dave and I explained that we will be doing that in areas that this would work with the siding material (not in areas with stucco, or hardi -panel that need to have reveal detailing though). • Mark suggested that we look at the top levels of the buildings as possible horizontal elements that break up the verticality of the buildings as currently shown. We agreed that this could be another element that could provide more variety and breakup of the building massing. • Incorporating alternate but complementary color schemes for the different buildings was suggested. We also discussed scheduling and submittal deadlines. We finally concluded that we should be aiming for an April BAR approval because there is just not sufficient time to finalize the designs and submit the SEPA and BAR applications by next week. Our goal is to finalize the design and submit everything by the week of March 7, 2005. Alice also asked me to have you call her or Jack to give them the name of your attorney so that they could have the City attorney coordinate with them re: the development agreement. As I stated above, I felt the meeting was very positive and everyone was helpful and constructive. Give me a call if you have any questions or want to discuss any of the items. Sincerely, Bill Rutledge 19336 47th Ave. N.E. Seattle, WA 98155 (206) 440 -0330, FAX (206) 362 -4381 Minnie Dhaliwal - RE: Tukwila Station From: Alice Strand To: Mark Hinshaw Date: 2/8/05 9:27AM Subject: RE: Tukwila Station they sound great. I know they are planning to vary the colors. I will ask them to bring in a materials palette if they have one. »> "Mark Hinshaw" <mhinshaw @LMNArchitects.com> 02/08/05 09:OOAM »> Alice, In general, I would agree with you that they have done a pretty good job. However, this is a very unusual project is that it is so long. (Its 1000 feet long...equivalent to three blocks in downtown Seattle!) Thankfully, it has been broken up to some degree. But, I think there could be a number of things done to further brake down the potential massiveness: -- Use a different material (and color) on the top floor. - - Add features to reduce the "flat top" effect, such as projecting trellises / brackets in certain areas near or below the cornice line. -- Treating the mechanical penthouses as a "feature" rather than merely boxes. Is rooftop access possible /desirable? (That coul(' ' ' ' nrhnr -Iika structures.) -- Haven't seen colors, of cour very massive project if it were - - I also think the window units. Are these comments appropri Mark From: Alice Strand [mailto:as Sent: Tue 2/8/2005 8:32 AM To: Mark Hinshaw Cc: Jack Pace Subject: Tukwila Station Hi Mark, 2 nt color. This would be a providing variety. No, I don't see any red flags. We have tried to keep them on track as far as open space and landscape requirments with feedback on past drawings. However, the main reason we asked you to help out is that we are short- staffed and I have not done design review on this type of project before...so I'm relying on you to spot problems that I may miss. I did make it clear from the outset that we expected them to comply with current BAR guidelines and to also "try" to comply with the new design guidelines coming out in the draft TUC plan. (I sent these to you a couple weeks ago) I think they have done well...and it looks very good to me. Page 1 L Minnie Dhaliwal - RE: Tukwila Station Page 2 If you do have concerns. please let me know by end of day today so I can verify the concerns at this end. Thanks! Alice Alice Strand, AICP Senior Planner Department of Community Development City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 voice 206 - 431 -3655 fax 206 - 431 -3665 astrand(cr�ci.tukwila.wa.us RECEIVED CITY OF TUIMIIl,A MAR 0 9 2005 CITY OF TUKWILA Department of Community Develop e�ITCEMei 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail.: tukplan @ci.tukwila.wa.us APPLICATION NAME OF PROJECT /DEVELOPMENT: '11/4KWILA . ''f ONt LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 1,01* 2 of ail of 7014144 r MAT L g8 . 0007, Kea :ally / IO. %O3/2 'J0/3 A Alt APN 21e,1473 Quarter: Section: Township: Range: (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: A c/f /C omram 510 49 i9 6t . A' Address: 5' ' Po La 7405 er 5Yt/ 1 lot Too /5 ' / Phone: 725• X53. �38/k FAX: 4 17 5 X385 Signature: 01 , e. / Date: ' /OZ /OS CONDITIONAL USE PERMIT FOR STAFF USE ONLY Sierra Type P -CUP Planner: File Number: Los-- Q ('- f Application Complete (Date: ) Project File Number: Po Ss - ∎ 1 Application Incomplete (Date: ) Other File Numbers: LOS — 015 - e O5- RECEIVED CITY OF TUIMIIl,A MAR 0 9 2005 CITY OF TUKWILA Department of Community Develop e�ITCEMei 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431 -3670 FAX (206) 431 -3665 E- mail.: tukplan @ci.tukwila.wa.us APPLICATION NAME OF PROJECT /DEVELOPMENT: '11/4KWILA . ''f ONt LOCATION OF PROJECT /DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. LIST ALL TAX LOT NUMBERS. 1,01* 2 of ail of 7014144 r MAT L g8 . 0007, Kea :ally / IO. %O3/2 'J0/3 A Alt APN 21e,1473 Quarter: Section: Township: Range: (This information may be found on your tax statement.) DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: A c/f /C omram 510 49 i9 6t . A' Address: 5' ' Po La 7405 er 5Yt/ 1 lot Too /5 ' / Phone: 725• X53. �38/k FAX: 4 17 5 X385 Signature: 01 , e. / Date: ' /OZ /OS CONDITIONAL USE PERMIT .Check . items., '•subnn +wl application. ifif4iiiiiiiini Require May be waived iiiiinasual cases, .upon .approval bf bbth Public �' " � }�orks'anil Plarinmg .. . r i k • APPLICATION MATERIALS: X 1. Applic ation Checklist (1 copy) indicating items submitted with application. X 2. Completed Application Form and drawings (5 copies). (6ee 64e— 1.240/0 X 3. One set of all plans reduced to 8 1/2" by 11". One complete set of PMTs o the final drawing set will be required prior to final approval. (..e eviE ) 4. Application Fee $2,000. X �.� 5. SEPA Environmental Checklist (see SEPA Application Packet). (€.1 4wkl1) PUBLIC NOTICE MATERIALS: X 6. King County Assessor's map(s) that shows the location of each property within 500 ft. of the subject lot. .,e �(€1? P /Z f l'!.i/!l � j . X 7. Two (2) sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subject property. Note: Each unit in multiple - family buildings - -e.g. apartments, condos, trailer parks - -must be included (see Public Notice Materials section of SEPA Application packet). 8. A 4' x 4' public notice board will be required on site within 14 days of the Department determining that the application is complete (see Public Notice Materials section of SEPA Application packet). PROPERTY INFORMATION: X 9. Vicinity Map with site location. Sleet Al. / 10. If new construction is proposed document sewer and water availability if provided by other than the City of Tukwila. PROJECT DESCRIPTION AND ANALYSIS: X 11. A written discussion of project consistency with decision criteria. (See Application) X 12. If additional impervious surface is proposed submit a Technical Information Report (TIR) including feasibility analysis per King County Surface Water Design Manual (KCSWDM). F additional guidance contact Public Works. 13. Provide sensitive area studies as needed per Tukwila's Sensitive Areas Ordinance (TM_C �J 18.45). 14/P SITE PLAN. O40M X C 14 (a) The site plan must include a graphic scale, north arrow and project name. Maximu s F 24 "x36 ". (b) Existing and proposed building footprints. (c) Dash in required setback distances from all parcel lot lines. Development) and 206 - 433 -0179 (Department of Public Works). COMPLETE APPLICATION: CHECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow starting project review and vesting the applicant's rights. However, they in no way limit the City's ability to require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206 - 431 -3670 (Department of Community 'Check items subm • with • application Information Required May be waived in unusual cases, upon approval of both, Pubtf ' Works and Planning • : . :, 04 ... _ , . • Y, (d) Fire access lanes and turn - arounds per Fire Department standards. 40Ao4, CY x (e) Parking lots with dimensioned stalls and drive aisles. < x (f) Loading and service areas. 47 A (g) Fences, rockeries and retaining walls. C (h) Pedestrian connections between the building entrance(s) and the sidewalk/public street. LANDSCAPE PLAN: X stamp 15 (a) Landscape planting plan by a Washington State licensed landscape architect. One set of all plans and analyses shall have an original Washington State registered Landscape Architect and signature. Plans must include the type, quantity, spacing and location of all plantings. Maximum size 24" x 36 ". (b) Show all existing trees to be retained and any tree protection measures required (for example fencing at drip line). SENSITIVE AREAS PLAN: K proposed 16 (a) Location of all sensitive areas (e.g. streams, wetlands, slopes over 20 %, coal mine areas and important geological and archaeological sites). For stream frontage provide existing and top of stream bank, stream bank toe, stream mean high water mark, and base flood elevation (i.e., 100 yr. flood). Maximum size 24" x 36 ". (b) Location of all required sensitive area buffers, setbacks tracts and protection measures. (c) Show all trees over 4" caliper, indicating those to be retained. (d) Proposed lot and tract lines. CIVIL PLANS (If any site changes are proposed): K 17 (a) One set of all civil plans and analyses shall be stamped, signed and dated by a licensed professional engineer. Include a graphic scale and north arrow. Maximum size 24" x 36 ". (b) Vertical datum NAVD 1988 and horizontal datum NAD 83/91. Conversion calculations to NGVD 1929, if in a flood zone or flood -prone area. < (c) Existing (dashed) and proposed (solid) topography at 2' intervals. 1r (d) Total expected cut and fill. X (e) Existing and proposed utility easements and improvements, on site and in street (water, sewer, power, natural gas, telephone, cable). Schematic designs to be provided regardless of purveyor (e.g. site line size, location, and size of public main). No capacity calcs, invert depth, valve locations or the like are needed. x (f) If additional impervious surface is proposed provide a storm drainage design at least 90% complete, which meets the TIR and KCSWDM. Include all storm drainage maintenance access and safety features. Call out total existing and proposed impervious surface in square feet. X (g) Locate the nearest existing hydrant and all proposed hydrants. X (h) Show the 100 yr. flood plain boundary and elevation as shown on FEMA maps. X (i) Plan, profile and cross - section for any right -of -way improvements. X. (j) Show planned access to lots, driveways, fire access lanes and turnarounds. OTHER: X 18. If new construction is proposed provide dimensioned and scalable building elevations with keyed colors and materials. Show mechanical equipment and/or any proposed screening. x 19. If site lighting changes are proposed provide a luminaire plan including location and type of street and site lighting. Include proposed fixture cut sheets, site light levels (foot - candles), and measures to shield adjacent properties from glare. 7c 20. All existing and proposed signage with sign designs and locations. X 21. Any other drawings or materials needed to explain your proposal. REVIEW CRITjERIIA The review criteria for various types of projects are shown below. Please discuss development consistency with each criteria. Then, refer to the Tukwila Comprehensive Plan for project consistency with the policies. Please note that more than one category of policies may apply. C ipe 0 1. The proposed use will not be materially detrimental to the public welfare or injurious to the propertp14i ` improvements in the vicinity. tlO 4 s F HT Criteria for Conditional Uses (TMC 18.64.030) 1.8.1: Restructure zoning ordinance to allow mixed uses along designated transportation corridors. 1.9.1: The Tukwila Urban Center shall be developed as a high - intensitv retail, commercial or light industrial area of regional significance, with mixed use residential uses. 3.2.7: Encourage a full range of housing opportunities for all population segments by actions including, but not limited to, revising the Tukwila development codes as appropriate to provide a range of housing types. 2. The proposed use shall meet or exceed the same standards for parking, landscaping, yards and other development regulations that are required in the district it will occupy. The proposed development meets all TUC Basic Development Standards per TMC 18.28,080. The project also meets requirements for parking. 3. The proposed development shall be compatible generally with the surrounding land uses. Existing development in the area is commercial and industrial and impacts to the surrounding properties would generally be the same as those anticipated under the existing code. 4. The proposed use shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan. 10.1.4: Allow residential in proximity to water amenities or within walking distance of the Sounder Commuter Rail /Amtrak Station, subject to special design standards. 13.3.8: Continue to encourage the use of rideshare, transit, bicycle and evolving technological transportation improvements. 13.4.15: Encourage transit - oriented uses and development patterns in the vicinity of high - capacity transit stations. 5. All measures shall be taken to minimize the possible adverse impacts which the proposed use may have on the in area which it is located. • Building setbacks and height are substantially less than the existing development standards. • Over 70% of the parking is located in a parking structure thereby minimizing the impact on surrounding uses. • Extensive pedestrian plazas and linkages are proposed that will tie into the rail station, and the impact on traffic and parking will therefore be substantially reduced. H: \Projects \M0415 - Tukwila Station \0415 City of Tukwila \0415 CUP_Review Crit. 3-0 -05.DOC, 03/04/05 TUKWILA STATION DEVELOPMENT AGREEMENT LO5-OM RELATED: E05 -003, L05-015 STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this Lf day of _57Q p1 ni d r 2008, before me personally appeared Jim Haggerton, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the Washington Residing at: My commission expires: 3 —9-14 Page 7 of 7 CADOCUME- 1\Minnie\LOCALS -1 \ Temp \xPGrpWise\MastroDevAgr_2.doc Lct State of LEGAL DESCRIPTION Exhibit A LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF - WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. AND THE EAST 43.00 FEET OF THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) EXCEPT THE EAST 100.00 FEET OF ALL OF THE ABOVE. THE ABOVE DESCRIBED PARCEL CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE N66 23'08 "E ALONG THE NORTH LINE THEREOF 25.89 FEET TO POINT ON A CURVE WHOSE RADIUS POINT BEARS S6728'24 "W A DISTANCE OF 1735.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY .MARGIN OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 18'27'07" AN ARC LENGTH OF 558.75 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, HAVING A RADIUS OF 2328.49 FEET THROUGH A CENTRAL ANGLE OF 06'11'57 ", AN ARC LENGTH OF 251.93 FEET; THENCE S02'07'28 "W ALONG A LINE WHICH IS PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 555.03 FEET TO THE CENTERLINE OF LONGACRES WAY; THENCE S87'07'47 "W ALONG SAID CENTERLINE 239.32 FEET TO THE CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE NO3'37'43 "E ALONG SAID CENTERLINE 969.09 FEET; TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3730.49 FEET THROUGH A CENTRAL ANGLE OF 02'44'10 ", AN ARC LENGTH OF 178.14 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1878.02 FEET THROUGH A CENTRAL ANGLE OF 06'44'42 ", AN ARC LENGTH OF 221.08 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE N66 23'08 "E ALONG SAID RIGHT OF WAY MARGIN 45.10 FEET TO A POINT ON A CURVE WHOSE RADIUS POINT BEARS S83'44'15 "W A DISTANCE OF 1921.02 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01'02'03 ", AN ARC LENGTH OF 34.67 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. CONTAINING AN AREA OF 262,050 SQUARE FEET MORE OR LESS. TUKWILA TOWNHOMES PROJECT NO.: OB006 DRAWN BY: CJB ISSUE DATE: 07 -23-08 EXHIBIT 1 PAGE 1 OF 1 EXHIBIT "A' Pacific Engineering Design, LLC Civil Engineering and Planning Consultants 15445 53RD AVE S., SEATTLE, WA 98186 PHONE V 06) 431 -7970 K ( 288 V IES 06) SI 3 PACENG.COM 08006EX -A LEGAL DESCRP.OWG . PROPOSED LEGAL, DESCRIPTION • AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY MASIRO PROPERTIES . THE EAST 43.00 FEET OF.TNE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD . • RIGHT OF WAY (A.K.A CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE,SOUTHWE QUARTER OF SECTION 24, .TOWNSHIP 23 NORTH, RANGE4 EAST, W..M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER. 1. (INTERSTATE 405)' • • . CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LE SS . • , II EXPIRES :'MAY 22 2005 Z[( EMIBIT B1 I L— &/L1 —0c/7 f4 f 0,; ks (T Lc v( DEVELOPMENT AGREEMENT BETWEEN FOUNTAIN PARK LLC AND THE CITY This DEVELOPMENT AGREEMENT ( "Agreement ") between Fountain Park LLC, a wholly owned entity of Prium Companies LLC ( "Fountain Park ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. A. Fountain Park has a contract for purchase and sale dated March 8, 2006, to .purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. 2006. OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE II. RECITALS B. Fountain Park intends to close on the above - referenced sale on or before October 7, C. Fountain Park desires to develop this property for a mixed -use owner occupied residential project to be constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005 by a prior developer. D. Land uses within the TUC were adopted prior to the presence of the Commuter Rail /Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. E. The City issued a threshold determination dated April 22, 2005, and approved a conditional use and design review on April 29, 2005. These approvals shall be honored by the City and run with the ownership of the property. The City has further determined that this development meets the City's concurrency standards and that impact fees shall be due at the time of permit issuance. F. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its G: \City Attomey\PETER \Planning \Tukwila Station DA 7- 13.doc Page 1 of 9 current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by Fountain Park. G. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. H. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. I. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. J. To provide certainty and efficiency to Fountain Park and the City with respect to the development of this property, to encourage mixed -use owner occupied residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and Fountain Park, Tukwila and Fountain Park hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of Fountain Park's ownership of the subject property not later than October 7, 2006; provided, however, that the Mayor in his sole discretion may extend this deadline to November 7, 2006, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. 2.1 Fountain Park shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "Fountain Park Portion ") attached hereto. 2.2 In exchange, Tukwila shall convey by statutory warranty deed to Fountain Park a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. G: \City Attomey\PETER1Planning \Tukwila Station DA 7- 13.doc Page 2 of 9 2.3 Fountain Park will retain a temporary easement for parking purposes on the Fountain Park Portion, in a form substantially similar to the attached Exhibit "C" ( "Fountain Park Easement "). In utilizing the Fountain Park Easement, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.3.1. Indemnity. Fountain' Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.3.2. Insurance. 2.3.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Fountain Park Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Fountain Park Easement. 2.3.2(ii). Certificates of coverage as required by Paragraph 2.3.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Fountain Park Easement. 2.4 Upon commencement of the Strander Project and any associated relocation of the UPRR tracks, the Fountain Park Easement identified in paragraph 2.3 shall terminate and be extinguished. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit "D" attached hereto, the City shall convey to Fountain Park for permanent parking purposes the Union Pacific Site. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the Union Pacific Site. As part of the Property Exchange Agreement, Fountain Park shall provide the City with a bond for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the execution of the Property Exchange Agreement. 2.4.1. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Fountain Park shall submit a bid to the City in conformance with the City's bid requirements for G: \City Attomey\PETER\Planning \Tukwila Station DA 7- 13.doc Page 3 of 9 3 the purchase of this property. Fountain Park's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. 2.5 The City shall exercise its best efforts to provide 180 days advance written notice to Fountain Park of the termination and extinguishment of the Fountain Park Easement. The City shall not be responsible for procuring interim parking for Fountain Park's development during the associated relocation of the UPRR right -of -way. 2.6 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.7 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in Exhibit "E" attached hereto, for Fountain Park's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.7.1. Indemnity. Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.7.2. Insurance. G: \City Attomey \PETER \Planning \Tukwila Station DA 7.13.doc 2.7.2(i), Fountain Park shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Staging Area. 2.7.2(ii). Certificates of coverage as required by Paragraph 2.7.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Staging Area. 2.8 Fountain Park shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of Fountain Park's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. Page 4 of 9 2.9 Fountain Park shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.10 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.11 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.12 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.13 Fountain Park's development shall be consistent with the approvals granted by the City's Planning Commission and Board of Architectural Review dated April 2005. The conditional use permit approved by the City on April 29, 2005, is renewed. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Fountain Park and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 3.4 Termination. This Agreement may be terminated upon mutual agreement of the Parties. 3.4.2 This Agreement shall terminate upon the abandonment of the development by Fountain Park. Fountain Park shall be deemed to have abandoned the development if Fountain Park fails to take title to the property and/or fails to submit development applications before October 7, 2006. G: \City Attorney \PETER \Planning \Tukwila Station DA 7- 13.doc Page 5 of 9 3.4.3 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.13 of this Agreement, and submits applications for development that are inconsistent with such approvals. 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. G: \City Attomey\PETER \Planning \Tukwila Station DA 7- 13.doc � Page 6 of 9 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of eight (8) pages, one (1) notary acknowledgement page, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Fountain Park and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 3.13 Recording. Fountain Park shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, Fountain Park represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 3.16 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. FOUNTAIN PARK LLC By: G: \City Attorney\PETER\Planning \Tukwila Station DA 7- 13_doc CITY OF TUKWILA Page 7 of 9 By Steve Mullet, Mayor 17 1 !7 :,: \City Attomey\PETER\Planning\Tukwila Station DA 7- 13.doc Page 8 of 9 Approved as to Form: Shelley Kerslake, City Attorney MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Bruce Fletcher, Director of Parks and Recreation DATE: July 22, 2008 SUBJECT: Duwamish Riverbend Hill Grant Resolution The Parks and Recreation Department is seeking authorization to apply for grant application funding for the Duwamish Riverbend Hill development project. The grant requests $220,000 from the Washington Recreation and Conservation Office (RCO) for Federal assistance of the Land and Water Conservation Fund (LWCF). The match will be $110,000 from the approved 2008 CIP budget. If successful, grant funding will be combined with the over $500,000 already secured in other granting efforts. The Duwamish Riverbend Hill Preserve development will include a trail system, restroom, parking, fencing, kiosks, educational signage, outdoor classroom, removal of invasive plants and appropriate plantings and landscaping. This project has been identified as a top priority in the Parks, Recreation and Open Space Plan and is a cooperative effort with the Friends of the Hill and the Cascade Land Conservancy. A resolution of the City Council authorizing grant application is required by the RCO in order to accept the LWCF funds. It is the recommendation by the Director of Parks and Recreation to authorize the resolution for formal application. Cc. Rhonda Berry, City Administrator 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING APPLICATION TO THE RECREATION AND CONSERVATION OFFICE FOR FEDERAL FUNDING ASSISTANCE FOR THE DUWAMISH RIVERBEND HILL LAND AND WATER CONSERVATION PROJECT, A LAND AND WATER CONSERVATION FUND (LWCF) PROGRAM PROJECT, AS PROVIDED IN THE LWCF ACT OF 1965, AS AMENDED. WHEREAS, the City has an approved Comprehensive Plan that includes the "Duwamish Riverbend Hill Land and Water Conservation Project," and the Tukwila City Council considers it in the best public interest to complete the project; and WHEREAS, under the provisions of LWCF, Federal funding assistance can be requested to aid in financing the cost of land acquisition and /or facility development, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The Mayor is hereby authorized to make formal application to the Recreation and Conservation Office for funding assistance for the Duwamish Riverbend Hill Land and Water Conservation Project. 2. Any funding assistance received is to be used for implementation of the Duwamish Riverbend Hill Land and Water Conservation Project. 3. The City hereby certifies that its share of the project funding is committed and will be derived from the City's Capital Improvement Program. 4. The City acknowledges they are responsible for supporting all non -cash commitments to the sponsor share should they not materialize. 5. The City acknowledges that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the Duwamish Riverbend Hill Land and Water Conservation Project, and be retained in such use in perpetuity unless otherwise provided and agreed to by the City of Tukwila and the National Park Service. 6. This resolution will become part of the formal application to the Recreation and Conservation Office. 7. The City of Tukwila has provided appropriate opportunity for public comment on this application. 8. The City of Tukwila acknowledges that LWCF grants are Federal funds and, as such, the City must comply with all applicable Federal laws. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of , 2008. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney DRAFT Joe Duffie, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: C:\Documcnts and SettingsWl Users \ DesktopUCelly \MSDATAUtesolutions'LWCF Duwamish Riverbend Hill.doc RL:ksn 7/23/2008 Page 1 of 1 DEVELOPMENT AGREEMENT BETWEEN MASTRO PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between MASTRO PROPERTIES ( "Developer ") and the CITY OF TUKWILA ( "City ") is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. The City previously entered into a development agreement with Fountain Park, LLC ( "Fountain Park "), King County recording no. 20061120001126, for the development of a mixed -use, owner- occupied residential project in the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). It was contemplated that this development, commonly known as "Tukwila Station," would be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006 by a prior developer. B. The Fountain Park development agreement also included a property exchange and a temporary easement provision to facilitate the "Strander Project." This project included the relocation of Union Pacific Railroad ( "UPRR ") right -of -way and track from its current location to a location adjacent to and west of the existing Burlington Northern right -of -way. It was agreed that upon UPRR's vacation of its current right -of -way to the City, the City would also convey a portion of the vacated right -of -way to Fountain Park. C. The City and Fountain Park completed the property exchange and the only pending land exchange relates to 43 feet of the UPRR right -of -way. The condition for the expiration of the temporary easement has been met; therefore, the temporary easement has expired. D. The Tukwila Station development proposed by Fountain Park, however, was never built. A portion of the land transaction was completed, and 43 feet of UPRR right -of -way exchange is pending. However since the construction of Fountain Park development did not commence, the Fountain Park development agreement expired. E. The Developer subsequently acquired the Fountain Park property by deed in lieu of foreclosure since the Developer was the lender to Fountain Park. The Developer would like to proceed with the development as contemplated in the Fountain Park development agreement, which was for the development of a mixed -use, owner- occupied residential project with approximately 300 residential units and approximately 5,000 square feet of retail space, more Page 1 of 6 C:\DOCUME- 1\Minnie \LOCALS -1 \Temp\XPGrpWise \Tukwila Station mixed use - Development Agreement- 7- 24 -08.doc 5 6 fully explained in the design schematics submitted to the City on September 12, 2006, by a prior developer. This is agreeable to the City. F. As portions of the Fountain Park development agreement are no longer applicable and to clarify those portions that are still in effect, the parties have agreed to enter into this development agreement. G. A development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200). H. A public hearing for this development agreement was held on , and the City Council approved this development agreement by Resolution _ on BASED ON THE FOREGOING, and because successful development will be of long term benefit to the City and Developer, the parties hereby agree as follows: III. AGREEMENT 3.1. The Property. The property is legally described in Exhibit -, attached hereto and incorporated herein by this reference, located at (address), Assessor's property tax number , ( "Property"). 3.2 Parties. A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" is a private enterprise which owns the Property in fee, and whose principal office is located at 3.3 Effective Date. This Agreement shall become effective upon approval by the Tukwila City Council and execution by both Parties. 3.4 Termination of Previous Agreements. All previous development agreements entered into by the City related to this Property and/or the Tukwila Station development are terminated. This provision shall survive the expiration of this Agreement. 3.5 Vested Rights. Developer shall be vested to the following approvals for three years from the effective date of this Agreement: A. Design Review Approval granted by the City's Board of Architectural Review dated April 29, 2005. File Number L05 -015. B. Conditional use permit approved by the City's Planning Commission on April 29, 2005. File Number L05 -014. Page 2 of 6 C:\DOCUME- 11Minnie\ LOCALS- -1 \Temp\XPGrpWise \Tukwila Station mixed use - Development Agreement- 7- 24- 08.doc 3.6 Previously Agreed Upon Terms. A. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit attached hereto, the City shall convey to Developer for permanent parking purposes the Union Pacific Site. This conveyance shall be detailed in a formal conveyance document that will be executed at the time the City acquires the Union Pacific Site. As part of the conveyance, Developer shall provide the City with a bond or assigned saving account for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the City's conveyance of the Union Pacific Site. B. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Developer shall submit a bid to the City in conformance with the City's bid requirements for the purchase of this property. Developer's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. C. Developer shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works Director. D. The City is not responsible for procuring parking for Developer's development that was lost due to the termination of the Fountain Park temporary parking easement. E. This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 3.7 Termination. A. This Agreement may be terminated upon mutual agreement of the Parties. B. This Agreement shall terminate upon the abandonment of the development by Developer or if Developer does not construct the development as contemplated by the approval identified above. C. This Agreement shall terminate if Developer fails to submit complete development permit applications within one year from the effective date 'of this agreement. IV. GENERAL PROVISIONS 4.1 Covenants Running With the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Page 3 of 6 C:\ DOCUME-- 1\ Minnie\LOCAIS-- 1 \Temp\XPGrpWise \Tukwila Station mixed use - Development Agreement - 7- 24 -08.doc 7 8 party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 4.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 4.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 4.4 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 4.5 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 -day cure period, or (b) the conclusion of any dispute resolution process. 4.6 Attomevs' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 4.7 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 4.8 Entire Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. Page 4 of 6 C:\DOCUMB— l\Minnie\LOCALS -1 \Temp\XPGrpWise \Tukwila Station mixed use- Development Agreement - 7- 24 -08.doc 4.9 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 4.10 Recording. Developer shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 4.11 Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 4.12 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. 4.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. IN WITNESS WHEREOF, this Agreement has been entered into by and between Developer and the City of Tukwila. MASTRO PROPERTIES CITY OF TUKWILA Date: Date: By: By: Its: Jim Haggerton, Mayor Page 5 of 6 Approved as to Form: Shelley Kerslake, City Attorney C:\DOCUME-- I\Minnie \LOCALS-- 1 \Temp\XPGrpWise \Tukwila Station mixed use- Development Agreement- 7- 24 -08.doc 9 10 STATE OF WASHINGTON ) ) ss: COUNTY OF KING On this day of 2008, before me personally appeared in (his/her) capacity as of Mastro Properties, a , who executed the within and foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) ) ss: COUNTY OF KING Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: On this day of 2008, before me personally appeared Jim Haggerton, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page 6 of 6 C:\DOCUME-- 11Minnie\ LOCALS- 11Temp1XPGrpWiselTukwila Station mixed use- Development Agreement - 7- 24 -08.doc PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO 'FOUNT. /N PAR4 L L EXPIRES : MAY 22 2007 THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98- 0007AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, •W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE CIF SAID DONATION. CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY F ?UNTA /N PARK. LL(. . a s„. 11 ZtiAS 5 pl£H,G 1 ( _ , 0A R .�� Plc tiv ►•• N : 4 4. 4 . nEll ti ►•�• ► ►P•4. 0:12.04:::::::. - .. ► i! • . .�i ►. • • i � : • • i • i • i ► • + i i� :� 100 200 a ii- •♦ 4 .�..• •. ••• • I S7 'a'J PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED 9Y FOUNTAIN f59, i80 S.F. NE.HE/YILLgDER , c SEC. LIE N Z A R 4E , W.M. AS BUILT € TRACKS SCALE 1 '200' 4 .1 I d l e ICI 4 SO. 158TH ST._ EXIST. 100' U.P.R/R RIGHT CIF WAY •-• • • a.ONGACRES WAY M ONUMENTED I SO. 158TH ST I EXTENOED Exhibit D 1 AS BUILT t. TRACKS 1 PREPARED 9 Y: EASTSIOE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: 4 25)392 -535 i PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY r /A/PARK LLC- THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF. THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMP PACIFIC RAILROAD) LOCATED IN THE.$OUTHWEST QUARTER OF SECTION 24, .TOWNSHIP 23 NORTH, RANGE 4 EAST, W..M., IN KING COUNTY," WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1. (INTERSTATE 405) . CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. A5 BUILT C TEAMS g ib L. J S0. 158TH ST PROPOSED PROPERTY EXHIBIT • DUA/TA) /NPA- gK LL G . COMBINED PARCEL 111' . , • 1 • LCNGACRES1 WAY : 1 • '— A5 BUILT C T[.ACK5 CONSTRUCTION 5TORAGE . ,d, STAGING AREA Hyun J. Um Prium Companies 820 A. Street, Suite 300 Tacoma, WA 98402 Dear Mr. Um: Re: Tukwila Station Pursuant to Section 1.1 of the Development Agreement between Fountain Park LLC and the City of Tukwila for the Development of a Multi- Family Condominium Project, the deadline for executing the agreement is October 7, 2006. From your attorney Matthew Sweeney's letter, sent to Assistant City Attorney Peter Beckwith, dated October 3, 2006, it is understood that you are prepared to execute the agreement upon the City's approval of a design change. However, a decision on the design change will not occur before the October 7 deadline. Therefore, under the terms of the agreement, I am hereby extending the deadline for executing the agreement to November 7, 2006. Very truly yours, Steven M. Mullet, Mayor cc Peter Beckwith L/Jack Pace City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M Mullet, Mayor October 6, 2006 G: \City Attorney \Tukwila LETI'ERS\Letter to Hyun Urn Re Tukwila Station.doc,R /10/06/06 Phone: 206 -433 -1800 • City Hall Fax 206 - 433 -1R 33 • IA /tA /tA t111/tA /119 u/9 rte. City of Tukwila NOTICE OF PUBLIC HEARING � Dated this IC I Notice is hereby given that the Tukwila City Council will hold a public hearing on Monday, August 7, 2006, beginning at 7 PM in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd, Tukwila, Washington, to consider the following: A Development Agreement between Fountain Park LLC, a wholly -owned entity of Prium Companies LLC, and the City of Tukwila. The development agreement covers exchange of certain parcels of property between Fountain Park and the City of Tukwila. Fountain Park proposes a residential mixed -use development of approximately 300 units with approximately 5,000 square feet of retail space. The site of the proposed project is located just south of I -405 between the Union Pacific and Burlington Northern railroad tracks and is just north of Longacres Way. All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. Those unable to attend in person may submit written testimony to the City Clerk's office until 5 PM on the day of the hearing. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities. Reasonable accommodations are available at Public Hearings with advance notice. This notice is available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at (206) 433 -1800 or TDD (206) 248 -2933 if we can be of assistance. Published: Seattle Times, July 21, 2006 day of �.t� , 2006. E Cantu, C C, City Clerk To Finance & Safety Committee From. Kevin A. Fuhrer, Finance Director (ICE-- Date July 13, 2006 Subject: Tukwila Station Development Agreement Proposal The City once again has an opportunity to enter into a public /private partnership with a private developer This partnership would involve an exchange of real property with Fountain Park LLC in order to facilitate. 1 the future extension of Strander Boulevard, and 2. a mixed -use owner occupied residential project to be constructed within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center (TUC). By way of background, in early 2005 the City entered development agreement negotiations with Pacific Commercial Properties (PCP) to construct the same project as referenced in item (2) above. Following the customary legislative review process, the City Council approved the document on April 4, 2005 Near the close of the year City staff ascertained that PCP was having lending difficulties and in fact no longer had the option to purchase land from the property owner, Stuart McCleod. Consequently the term of the agreement was allowed to lapse. Following this cover memo are several items to provide a frame of reference. o Proposed development agreement with Fountain Park LLC o Memo from Steve Lancaster and myself to the Committee of the Whole dated February 22, 2005 regarding the initial Tukwila Station Project and proposed agreement with PCP o Minutes from the April 4, 2005 City Council meeting. The current development agreement proposal remains substantially the same as the one approved by Council in April 2005, with the following exceptions. o addition of Section 2.4 1 requiring Fountain Park LLC to submit a bid at no less than fair market value for the remaining property (57' of vacated railroad) should the City hold it out for sale o addition of Section 2.13 which grants to Fountain Park LLC a renewal of the conditional use permit approved by the City on April 29, 2005 o date and corporate name have been updated throughout the agreement. As the Hotel/Motel Tax Fund 101 is the City's internal property owner of record, this item was discussed with the Lodging Tax Advisory Committee (LTAC) at their May 9, 2006 meeting. The LTAC continues to support the development agreement proposal. In closing, I look forward to the discussion of this item at the July 17, 2006 committee meeting. DEVELOPMENT AGREEMENT BETWEEN FOUNTAIN PARK LLC AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI- FA►IIILY CONDOMINIUM PROJECT 2006. I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between Fountain Park LLC, a wholly owned entity of Prium Companies LLC ( "Fountain Park ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City"), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. H. RECITALS A. Fountain Park has a contract for purchase and sale dated March 8, 2006, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B Fountain Park intends to close on the above- referenced sale on or before October 7, C. Fountain Park desires to develop this property for a mixed -use owner occupied residential project to be constructed within the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005 by a prior developer. D Land uses within the TUC were adopted prior to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity E. The City issued a threshold determination dated April 22, 2005, and approved a conditional use and design review on April 29, 2005 These approvals shall be honored by the City and run with the ownership of the property The City has further determined that this development meets the City's concurrency standards and that impact fees shall be due at the time of permit issuance. F The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project"). This alternative would require the relocation of the Union Pacific Railroad CUPRIC) right -of -way from its G:\City Attomey\PETER\PIanning\Tuk ila Station DA 7- 13.doc Pace 1 of 9 current location to a location adjacent and west of the existing Burlington Northern right -of -way This portion of the property would be owned by Fountain Park. G. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. H. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. 1. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. J To provide certainty and efficiency to Fountain Park and the City with respect to the development of this property, to encourage mixed -use owner occupied residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and Fountain Park, Tukwila and Fountain Park hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of Fountain Park's ownership of the subject property not later than October 7, 2006; provided, however, that the Mayor in his sole discretion may extend this deadline to November 7, 2006, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. 2.1 Fountain Park shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit "8" ( "Fountain Park Portion ") attached hereto. 2.2 In exchange, Tukwila shall convey by statutory warranty deed to Fountain Park a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. G:'.City Attorney1PETER\P1anning \Tukv.ila Station DA 7- 13.do. Page2of9 2.3 Fountain Park will retain a temporary easement for parking purposes on the Fountain Park Portion, in a form substantially similar to the attached Exhibit "C" ( "Fountain Park Easement "). In utilizing the Fountain Park Easement, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.3.1 Indemnity Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying arid holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.3.2. Insurance. 2.3.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Fountain Park Easement comprehensive general liability insurance with a minimum coverage of S1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Fountain Park Easement. 2.3.2(ii). Certificates of coverage as required by Paragraph 2.3.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Fountain Park Easement. 2.4 Upon commencement of the Strander Project and any associated relocation of the UPRR tracks, the Fountain Park Easement identified in paragraph 2.3 shall terminate and be extinguished. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way ( "Union Pacific Site "), more fully described in Exhibit "D" attached hereto, the City shall convey to Fountain Park for permanent parking purposes the Union Pacific Site. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the Union Pacific Site. As part of the Property Exchange Agreement, Fountain Park shall provide the City with a bond for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the execution of the Property Exchange Agreement. 2.4.1 Upon public notice by the City of its intent to sell the approxunately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Fountain Park shall submit a bid to the City in conformance with the City's bid requirements for G:1City Attnmey1PETER\Planning \Tukwila Station DA 7- 13.doc Page 3 of 9 the purchase of this property Fountain Park's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. 2.5 The City shall exercise its best efforts to provide 180 days advance written notice to Fountain Park of the termination and extinguishment of the Fountain Park Easement. The City shall not be responsible for procuring interim parking for Fountain Park's development during the associated relocation of the UPRR right -of -way 2.6 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.7 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described int Exhibit "E" attached hereto, for Fountain Park's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.7 1. Indemnity Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.7.2. Insurance. 2.7.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Staging Area. 2.7.2(ii). Certificates of coverage as required by Paragraph 2.7.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Staging Area. 2.8 Fountain Park shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of Fountain Park's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. G: \City AttomeyTETERW1annmg \Tukwila Station DA 7.13.doc Page 4 of 9 2.9 Fountain Park shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.10 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.11 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City 2.12 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.13 Fountain Park's development shall be consistent with the approvals granted by the City's Planning Commission and Board of Architectural Review dated April 2005 The conditional use permit approved by the City on April 29, 2005, is renewed. 3 0 General Provisions. 3 1 Assignment of Interests, Riehts, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Fountain Park and the City 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party 3 4 Termination. 3 4.1 This Agreement may be terminated upon mutual agreement of the Parties. 3 4.2 This Agreement shall terminate upon the abandonment of the development by Fountain Park. Fountain Park shall be deemed to have abandoned the development if Fountain Park fails to take title to the property and/or fails to submit development applications before October 7, 2006. G `.City Attomey\PETER'.Planning \Tukwila Station DA 7- 13_doc Page 5 of 9 3.4.3 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.13 of this Agreement, and submits applications for development that are inconsistent with such approvals. 3.5 Enforceability The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable LawNenue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3 7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A Lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regardingan alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit "B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. G:`.City Attomey\PETER1PIanning \Tukwila Stztion DA 7- 13.doc Page 6 of 9 3 10.2. This Agreement will: terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City 3 11 Entire Agreement. Counterparts. and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of eight (8) pages, one (1) notary acknowledgement page, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Fountain Park and the City of Tukwila. 3 12 Authority The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 3 13 Recording. Fountain Park shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no Iater than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, Fountain Park represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 3.16 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. FOUNTAIN PARK LLC CITY OF TUKWILA By By Hyun J Um, Member Steve Mullet, Mayor G `.City Attcrne.VPETER'Planning \Tukwila Station DA 7- 13•doc Page 7 of 9 33City Attorney\PETER1Planning \Tukwila Siation DA 7- 13.doc Page 8 of 9 Approved as to Form. Shelley Kerslake, City Attorney STATE OF WASHE TGTON ) ) ss: COUNTY OF KING On this day of 2006, before me personally appeared Hyun J Urn, the Member of Fountain Park LLC, a Washington limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) G!City Attome ?PETER \Planning \Tu'<wila Station DA7- I3.doc Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: On this day of 2006, before me personally appeared Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WIEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page9of9 11 PROPOSED PROPERTY EXJ-?JBJT CITY OF TWQIIILA TO FOUATAl-N PARK LLC. PROPERTIES, INC. "AL T a & 1RES MAY 22 2005 SO. 158TH ST. PROPOSED AREA TO 2E OEE0E0 FROM THE CITY OF ; IJIM1, ::, _ l TO Fout.[TAu PARK. ±36,590 S.F. 0 100 200 SCALE 1- -200' . 4 -a 121 1 o . 1 y I lz�a AS BUILT TRACKS S. Ad 5 t 4 RI t1-B l 57 IL 1 4 Q. cz y ta W j e Z 17 2 1.! L 57 (. 14.3 Exhibit A • V • c CZ M 50` 1 --I I LONGACRES WAY MONUMENTED 1 S0. tun ST EXTENDED 1 AS BUILT c TRACKS 1 so' 1 w b z 1 • PREPARED 8Y: E4STSIOE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAOU AM, WA. 98027 PH: [4251392-5Z-5 PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA TO FOUNTAIN P4I K LLG PROPERTIES, - � N N � LOT 1 OF CITY OF TUKWILA SHORT PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING-NUMBER 9803129013, RECORDS OF COUNTY, WASHINGTON: EXCEPT THE EAST 100.00 FEET THEREOF CONTAINING AN AREA OF 36 % 590 SQUARE FEET MORE OR LESS. 7826 J GtgSE O� 'VAL taro EXPIRES MAY 22 2005 • EXPIRES MAY- 22 2005 AS L -HENRY A_ A�iF-s�ER O_ . SEC 24 r 2.w. R W.M. 0 100 200 SCALE 1 "200' BUILT S TRACKS PROPOSED PROPERTY EXHIBIT 'OUN774/1IP4 R K LLC TO CTY OF TUK'WIL.A 57 . • 100.00 a 50\ 1 :: '\ • l.ONGACRE WAY MONUMENTEO r S0. I58T1-I ST EXTENDED AS BUILT TRACKS PROPOS£O AREA TO SE DEEQEO FROM j7CUN //V' TTO bTY""0F TUKWILA (103.525 S.F 50 501 PgEP.4RE0 BY- EASTSIDF CONSULTANTS. INC. 41.5 RAINIER BLVD. N. ISS,40UAH, WA. 98027 PH: C425139.2-535) PROPOSED LEGAL DESCRIPTION FOUNTA /n/ PA,e'K L.L TO CITY OF TUKWILA THE EAST 100 00 FEET OF LOT 2 OF CITY OF T UKW/LA SHORT - PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY,WASHINGT ON. TOGETHER WITH THE EAST 100 00 FEET OF THE FOLLOWING - DESCRIBED PARCEL. THAT PORTION OF THE HENRY MEAGER DONATION CLAIM NO 46 AND OF SECTION 24,. TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,-'LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY. AND SOUTH OF A LINE 137 FEET SOUTH OF THE -NORTH LINE OF DONATION CLAIM AND.NORTH OF THE CENTERLINE OF LONGACRES WAY . CONTAINING AN AREA OF 103,525 SQUARE FEET MORE OR LESS. 7826 G ••a• 4i LABS S %PIRFS FLAY 22 2005 0 SCALE 1'200' f° 1 y i%Ui ' l S _ _J L O. 938TH ST 1 1 1 1 PROPOSED EASEMENT DESCRIPT1ON S CITY OF TUKWILA TO FOUNTA /N PAR.( LLG _ el p.ltoYA. 411. ' 1 • f VISI • s.. 4 1 3 w �� • r, •. \ \ J ► S -_ in y. 1 1 4 I '. 'n a ' ' ;. v 41 n I f w r ! • i I ' a' • 4 IF 4 • 1 I ! . ra 4 V l I i t „• • f f ! L, I ▪ • �_ 4.;,_ -I f 1 M I� a • AS BUILT € TRACKS -�---- � ' ' T 2: i W I p. ° IN .Io �aao• Z c , n 4 al PROPOSED 30' �� I J I�� 1 m . 1 ▪ (- e - aI O ; EASEMENT 57' 43 LONGAG &S WAY ONUMMENTED I J SO. 158TT1 ST EXTENDED 1 ` \ Exhibit C 50' 50 ` �AS BUILT € TRACKS N. LINE' HENRY A. MEAD D. 4 a4! T2 °O G. n 6 i t +C W.M. v MAY 22 1007 PREPARED BY: EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAQUAH. WA. 98027 PH: 1'425.1392- 5351 PROPOSED) EASEMENT DESCRIPTION CITY OF TUXWILA TO FOUNTA//V PA fr L L THE WEST 30 FEET OF THE EAST 100.40 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 30 FE1=T OF THE EAST 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, -W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON'NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE QFSAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED EY UNION PACIFIC RAILROAD AND ACQUIRED BY COUN7"A /N PARK_ LLG PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY fOasirli JA( PAR. 1-1-6- 59, 180 J. I /NFHFIY �QER - SE i T 2 , • R�4f. W. M. AS BUILT TRACKS 0 100 200 SCALE 7'.200• a Ial 1 1 12 so I5BTH ST 1 1 1 1 1 0 0 , ` 50`1 L r • W - tn- ▪ za '`- 4AS 8U(LT TRACKS • !.. !:. s h. 1 EXIST. 100' uP R/R RICHT OF WAY LONGACRES WAY M 0NUMENTEO 1 } So. T88T7i ST ( EXTENDED Exhibit D PREPARED 8Y: EASTSIOE CONSULTANTS, INC. 415 RAINIER BLVD. N, ?SSAO(JAH, NA. 98027 PH: (425J392 -5351 • 0 PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY RDUNTA /NPA v L LL THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL. AMD PACIFIC RAILROAD) LOCATED IN THE.SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. u .O tti 4 lr g ipolf:// UNION PACIFIC RIR (CHICAGO, MIL WAAUKEE & 5r PAUL) r 1 O O I inI (NORTHERN PACIFIC) q N BURLINGTON NORTHERN RIR • Finance & Safety Committee July 17, 2006 - 5:00 p.m. .esent: Pam Carter, Chair; Jim Haggerton, and Verna Griffin Rhonda Berry; Kevin Fuhrer; Shelley Kerslake; Peter Beckwith; Mary Miotke; Lori Sutter; Jane Cantu; Christy O'Flaherty; Diane Jenkins; Chuck Parrish, community member; and Ed Garth, Coscomm. Business Agenda A. Proposed changes to Ethics Code Pam indicated that the Council asked Shelley to develop two options regarding the handing of ethics complaints. Jim asked if the intent was to forward the two options to the Council; Pam responded that that was the request of the Council. Shelley related that in addition, the Police Guild filed an Unfair Labor Practice (ULP) alleging that the ordinance infringed upon their rights under their Collective Bargaining Agreement; a tentative agreement has been reached. if the Council adopts the ordinance, then the Police Guild will dismiss their ULP The proposed changes are not substantive and merely clarify the intent of the ordinance. Unanimous approval, forward to COW. B . Tukwila Station Kevin provided an update on the Tukwila Station development proposal. Once again the City has the opportunity to enter into a public/private partnership with a private developer This would be a mixed -use development in the Tukwila Urban Center (TUC) with 250 -300 condominiums and a small amount of retail space. Previously the Council entered into a development agreement with pacific Commercial Properties (PCP) to proceed with the Tukwila Station development which was subsequently extended trying to give the developer additional time to secure funding for the project Finally, that agreement was allowed to lapse. The City would like enter into a development agreement with Fountain Park LLC. He described the parcel of land owned by the City The City purchased the property to assist in the development of a convention center, the property was purchased for $1 45 million using Hotel/Motel Tax Fund via an interfund loan from the Generaland Arterial Street funds. This will be paid back over time. To date, $200,000 in principal has been paid. The remaining annual payments have been interest only The developer is proposing a land swap, value for value. Some attractive features of this land swap for the City are that it will assist in the acquisition of right -of -ways which would be required for the City of Tukwila to purchase for the City of Renton's future extension of Strander Boulevard. This will involve the relocation of the Union Pacific Railroad (UPRR) right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right-of-way which is currently owned by Fountain Park. Also, additional revenues would be generated to the City through construction, property tax, building permit/fees, etc., approximately $1.2 million. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation the property required for the Strander project This would be costly if the property would have been fully developed. Tukwila owns 1.63 acres of land immediately north of the Tukwila station, of which 36,000 sq. ft. are subject to this agreement. Referring to the maps (32 -40), the city would have a 100 ft. swath to assist in relocation the railroad right -of -way; the developer could use approximately a 13 ft. strip for temporary parking. Once the UPRR is ready to relocate, the City would swap thls 100 ft. swath. The developer would then demolish the temporary parking and 43 ft. of the 100 ft. would become permanent parking, leaving the City with a 57 ft. swath. The City would have the option of marketing this property or selling it. The developer has expressed an interest In purchasing the property and would be required to submit a bid once an appraisal has been obtained. This development would help to change the character of the TUC. Possible scenarios on the relocation of the temporary station were discussed; the details will be refined through the permitting process. Jim noted that this accomplishes several objectives for the City Unanimous approval, forward to COW. C. Coscomm international May provided a brief overview of Coscomm project The first phase of the pilot program provided data communication capabilities where terrestrial services could not be provided. The second proposed phase would Implement satellite technologies for communicating between patrol cars and provide an authorized satellite gateway residing at the Tukwila IT Department. The City's relationship with Coscomm will be twofold: the Tukwila Police Department will become official customers of Coscomm's services and become a showcase agency, and secondly, the IT Department will partner with Coscomm to host a satellite gateway computer to WSP and other Coscomm public safety agencies. Coscomm would pay Tukwila a percentage of the service fees collected from other agency customers. In addition, because of Tukwila's cooperation during the beta testing and agreeing to be a showcase agency, Tukwila patrol cars would be outfitted with all necessary satellite communication equipment at a very nominal charge. Ed described how thls technology works and how it would be installed in the police and command vehicles. A draft of the proposed agreement was attached and noted that additional revisions may be forthcoming. Unanimous approval, forward to COW. Oid Business __ : Pam indicated that a meeting would be held with animal control on July 19 to address some concerns and issues. Adjoumment: 6:00 p.m. C. Minutes by DJ. Committee Chair Approval 6200 Southcenter Boulevard • ?il anla Washington 98188 Steven M. Mullet, Mayor BACKGROUND City of Tukwila DATE: February 22, 2005 TO: Committee of the Whole. FROM: Steve Lancaster, DCD Director Kevin Fuhrer, Finance Director SUBJECT Public/Private partnership rel • -•' o Strander Extension and Pacific Commercial Properties proposal for "Tukwila Station" The City has an opportunity to enter into a public/private partnership with a private developer. This partnership would involve an exchange of real property with Pacific Commercial Properties in order to facilitate: 1. the future extension of Strander Boulevard, and 2. a mixed -use transit-oriented development proposal with positive implications for the TUC. This amendment was considered by the CAP Committee on February 15, 2005. The conceptual agreement was approved and forwarded to the COW for consideration. Strander Ex(gosior . Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway. Tukwila has informally concurred. The preferred alternative would require relocation of the Union Pacific Railroad (UPRR) right- of-way from its current location to a location adjacent to and west of the existing Burlington Northam right-of-way (see Figure 1). This alternative has cost advantages for the project, and additional advantages for Tukwila relating to the future development potential of the area. A potential risk of this alternative is that development could occur on the portion of the future UPRR right -of -way cuneently owned by Stuart McLeod, thus making future right-of-way acquisition more expensive and possibly threatening the viability of the Strander Extension project. litkarila Station Proposal Pacific Commercial Properties (PCP) has proposed a mixed -use development on property currently owned by Stuart McCleod. The property is located north of Longacres Way, between the Union Pacific and the Burlington Northern rights -of -way. The project, tentatively named `Tukwila Station," would include approximately 250 to300 residential units and about 5,000 square feet of comrnercial space. The City of Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site. Phone: 206. 433 -f800 • Cl(y Ball Far 206 -433 -1833 • www.cLmkwOawa.us PROPOSAL Pacific Commercial Properties (PCP) has indicated a willingness to work with the City for the purposes of this land exchange. The sequence of transactions is keyed to Figure 2 and would be as follows: Step I PCP transfers the easternmost 100 -foot strip of their property to the City, retaining a 30- foot easement for interim parking purposes. This eastern 100 foot strip is needed for relocation of the Union Pacific RR right -of -way to Tukwila and measures approximately 103,525 sq. i Step 2 The City transfers a portion (approx. 36,590 sq. ft )of its property to the north to PCP, which PCP will use as a portion of its Tukwila Station development. Step 3 At the point in time where Strander is ready to be constructed and the Union Pacific right-of-way is ready to be relocated, PCP would relinquish its easement and the City would transfer 43 feet of the old UP u tight -of -way to PCP (approx 59,180 sq. it.). PCP would relocate its displaced parking from the easement on the east of its property, to this 43 -foot ship on the west. At the end of this process, PCP would have transferred 103,525 square feet of property to the City, the City would have transferred 95,770 square feet to PCP All this would be detailed in a development agreement. SEQUENCE 1. PCP transfers area shown to the City, retaining 30 -foot easement for parking purposes. 2. City transfers area shown to PCP 1 When funding for the Standee project has been secured and the project is in the design phase, the City transfers 100 -foot strip of property to Union Pacific RR in exchange for "old UP right of way, in conjunction with Strander extension. City transfers 43' wide area shown to PCP FINANCIAL IMPLICATIONS By way of background, the Hotel /Motel Tax Fund (101) purchased the land for S1,450,000 with resources received via an interfand loan from the General and Arterial Street Funds. The outstanding loan balance as of December 31, 2004, was S1,250,000. The 2005 Budget provides for a S200,000 loan repayment. This would leave a balance owing to the General and Arterial Street Funds of 51,050,000 as of December 31, 2005. The Lodging Tax Committee may accept a transfer of land ownership to the General Fund in exchange for the debt forgiveness. However, the Lodging Tax Committee may not approve this transaction if the appraised value is determined to be below SI million. Preparations are presently underway to secure appraisal services. The land transfer proposal will be discussed with the Lodging Tax Advisory Committee on March 3, 2005. 2 If the transfer is approved through the developer agreement, the planning model will initially be reduced by the amount of the interfund loan balance remaining. The reduction will be mitigated by the revenue opportunities that are addressed in the next section of this memorandum. REVENUE OPPORTUNTTIES The Tukwila Station Project proposal stands to generate (4) revenue sources for the City — property tax, sales tan, real estate excise tax (REST), and the building permits and fees. In discussions with the developer, he has indicated a S65 million dollar valuation at buildout with estimated construction costs of S30 million. Given the indicated values, the following revenues could reasonably be expected from the proposed project; PropertyTaxA S100,000 Construction Property Tax B S100,000 Annual Sales Tax 5300,000 Construction Period REST 1 3250,000 Period of Initial Sales Build Permit/Fees 1350,000 Application Period Again as addressed in the financial implications section of this memorandum, these revenues would offset the reduction in the planning model for the amount of the interfund loan balance payable at the time the land transfer is executed. OTHER CONSIDERATIONS Lithe City does not partner with Pacific Commercial Properties to facilitate this ]and transaction work, it is likely we will be faced with a proposal to develop the Mcleod site in a manner that will preclude the current plans for extending Strander. At the very least, full development of the Mcleod property would significantly increase the future cost of the Studer extension project, possibly affecting its viability. RECOMMENDATION Conceptually approve public/private partnership with Pacific Commercial Properties. Forward this conceptual approval in conjunction with approval ofmulti- family TOD amendment to the February 2.10 meeting of the Council of the Whole. Authorize Staff to prepare public/private partnership agreement with Pacific Commercial Properties. 3 City of Tukwila Citv Council Regular Meeting Minutes Paul Sheehan. Tukwila resident and owner of Farwest Paints reiterated the sentiments of Mr. Schweigert and sought clarification to Petition - 43.40.68. He made a request (for more information) from Ms. Mosqueda. relative to the use of fire trucks in the area The issue has to do with a private property ramp going onto public property. Ms. Mosqueda made note of the request. 8:13 p.m. Council de5berabons ensued with suggested comments and edits to be worked and/or incorporated into the draft ordinances to be presented at a future Committee of Whole meeting. With those newly suggested edits and/or additional negotiation points presented to the Development Engineer. she noted ft may take as much as three weeks to return with draft ordinances. 8:29 p.m. Mayor MuCat closed the public hearing. (Clerical note — 04-05-05 — This Issue will appear on the 04.25-05 agenda for consideration by the Committee of Whole.) Page 5 of 9 Aonl 4.2005 Development agreement between Pacific Commensal ProDerIes (PCP) and the Citv of Tukw for the development of a mulfi-famCv condominium oroiect within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center (TUC). more commor v known as `Tui vela Station? 8:29 p.m. Jack Pace. Deputy Director of Community Development, told Council the proposed developers agreement provides the framework, as agreed upon by the parties. to carry out tasks and duties associated with the Tukwla Station project Mayor Mullet opened the pub6e hearing and called for public testimony. Heating no public testimony, Mayor Mullet dosed the public hearing. 8:34 p.m 8:35 p.m. Action to follow under the heading of unfinished business. UNFINISHED BUSINESS: CO Authorize Mayor to skin a development agreement with Pacific Commercial Propertes fPCP) for the development of a multi - family candominlum protect commit/ known as 'Tu Staton.' CARTER MOVED; DUFFiE SECONDED; TO AUTHORIZE MAYOR TO SIGN A DEVELOPMENT AGREEMENT WITH PACIFIC COMMERCIAL PROPERTIES (PCP) FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT COMMONLY KNOWN AS "TUKWILA STATION." The motion carried 6-0. OF THE CRY coup iT-0RENiEO i ULIVF TO ALLOW WAITER ARTk 1 GRY OF TUSOMIA w HOUSWO; AD0 HOUSING 01 THE DEVE7. TtOtt 830 SEC • N 12: 7 OTON. 0 ED 9.A IN �+ b. ordinance mediations a AN DEFINING RE 54 SOUNDER 1758 SECTION 34 AND 35; SECiIONS 49, 60 AND 51; SECTION 9; AND 2021 PROVIDING FOR 5 a mu mite • - n a in the Tukwila OH CT1 4 A ND SECTION 7; 1971 ON 9; 1989 4, AS cWiFiED ESTA81t810NGAN 20, 21, 22 1 SECTION 5: 197 SECTION 4; 2005 CHAPTER 18.28: DATE Tentative Agenda Schedule MONTH MEETING 1- REGULAR MEETING 2 - C.O.W. MEETING 3 - REGULAR MEETING 4 - C.O.W. July 4 th - Independence Day (City offices closed) 31St — Fifth Monday of the month — no Council meeting scheduled 3 10 17 24 See agenda packet cover sheet for this week's agenda (July 24, 2006 Committee of the Whole meeting). CONE\I ITEE OF THE WHOLE MEEI L•\G TO BE FOLLOWED BY A SPECIAL MEEI IND August 7 Special Presentation: 14 Special Presentation 21 28 "A Roof Over Every Bed in King County," Bill Block, Committee to End Homelessness. Public Hearing Puget Sound Regional Council (PSRC) Vision 2020 planning process. Development agree- ment with Fountain Park LLC covering exchange of certain parcels of property between Fountain Park and the City Unfinished Business: - Proposed revisions to the Code of Ethics September 4th — Labor Day (City offices closed) 5 (Tuesday) 11 18 25 PRIUM COMPANIES: DEVELOP • BUILD • MANAGE June 21, 2006 Jack P. Pace Deputy Director Community Development City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: Tukwila Station Dear Mr. Pace: RECEIVED 'JUN 2 2 2006 COMMUNITY DEVELOPMENT Thanks again for all your help with our project. We have been discussing the final version of the Developer Agreement and you also had a question about our schedule and expectations. I have generated a very aggressive timeline for this project that I have distributed to our consultants and have enclosed for your review. As you can see, I'm already behind schedule but we can make up some time this summer. We have a determination from the Building Official as to the building construction type and we are putting together the materials for the Grading permit submittal and hope to make application soon. Let me know what you think of this schedual. As to the Developer Agreement, the only issue remaining is the disposition of the 57 foot wide portion of the railroad property adjacent to the project site. I did express interest in acquiring this property even though it's outside of the approved project and not really needed to make the project work. Thus, form our stand point, the property doesn't have much value except in what it could add as additional buffer from the commercial properties to the west of the site. Additionally, as a "residual" parcel of irregular configuration, the fair market value of the parcel is difficult to establish since the only viable purchasers would likely be the adjoining property owners. Rather than establish a price and commit to purchase the property at this time, my client prefers to defer the issue until the actual acquisition of the railroad property has occurred. By that time, we will be much further along in the project and we will be better able to determine the utility of the extra property to our project. I have enclosed a copy of the latest draft agreement as sent to me by the City Attorney. Apart from a portion of paragraph 2.4.1, we are prepared to execute the document. td.. (253` 565 -14 ,ax. (253' 565.0968 820 A .Strcct, Suitc 300, Tacoma, WA 98402 priumcompanics.com priumbomcs.com Jack P. Pace Deputy Director Community Development City of Tukwila June 21, 2006 Page 2 Finally, Pm enclosing a blanket authorization letter from the property owner for your files. Please let me know if this is sufficient to allow me to sign land use applications for this project rather than the owner. Thanks again for all your help. Matthew L. Swe General Counsel MLS:ms Enclosure Tukwila Station Mixed Use Project Steps in Process 1. Decide on building type. (McGranahan). Calculate "loads." (AHBL). Get design for stone columns and site stabilization (Condon - Johnson). Prepare grading/erosion control plan. (Pacific Engineering). By: June 14. 2. Submit for Type C Grading permit, erosion control plan. (Matt). By: July 7. 3. Redraft the Development Agreement and Land Exchange Agreement, City/Developer execution. City Council Approval. (Matt) By: July 10. 4. Type C Permit issued. By July 30. 5. Find material disposal site, install erosion control. Start grade and stone column, soils re -mix (Olson Brothers, Condon - Johnson, Troy). ). By: August 1 (estimate 8/1 to 10 /1) 6. Prepare site development, utility extension and off site construction plans and specs and apply for site development permitting. (Pacific Engineering). Sumbit Foundation Permit (AHBL, Troy) By: August 15. 7. Get City issued Site Development and Foundation permits, begin site development and Foundation construction. (Olson Brothers). By: October 1. 8. Close on property, Execute land exchange. (Matt) By: Oct. 7. 9. Apply for Building Permits. ( McGranahan) By: November 15. 10. Apply for utility extension and off -site permits. (Matt) By: Nov. 30. 11. Respond to comments. (All) By: December 15. 12. Obtain Building Permits, utility extensions permits etc. By: January 30, 2007. 13. Begin building construction. (Troy) By: March 30. 14. Marketing. (Pete) By: October 30. 15. First Building Completed (Troy) By: December 30, 2007. 2006. DRAFT DEVELOPMENT AGREEMENT BETWEEN FOUNTAIN PARK LLC AND '1k3E CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between Fountain Park LLC, a wholly owned entity of Prium Companies LLC ( "Fountain Park ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. Fountain Park has a contract for purchase and sale dated March 8, 2006, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B. Fountain Park intends to close on the above - referenced sale on or before October 7, C. Fountain Park desires to develop this property for a mixed -use owner occupied residential project to be constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005 by a prior developer. D. Land uses within the TUC were adopted prior to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. E. The City ,issued a threshold determination dated April 22, 2005 and approved a - - Deleted: has conditional use and design review on April 29, 2005. These approvals shall be honored by the City and run with the ownership of the property. The City has further deternuned that this development meets the Citv's concurrencv standards and that •impact fees shall be due at the time of permit issuance. F. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative C:\Documents and Settings\msweeney\Local Settings\Temporary Internet Files\OLKI3D \Tukwila Station DA 6 -9.doc Page 1 of9 -1 Deleted: 1 would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by Fountain Park. G. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. H. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. I. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. J. To provide certainty and efficiency to Fountain Park and the City with respect to the development of this property, to encourage mixed -use owner occupied residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and Fountain Park, Tukwila and Fountain Park hereby agree as follows: 1.0 Effective Date and Temi. 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of Fountain Park's ownership of the subject property not later than October 7, 2006; provided, however, that the Mayor in his sole discretion may extend this deadline to November 7, 2006, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. III. AGREEMENT 2.1 Fountain Park shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "Fountain Park Portion ") attached hereto. 2.2 In exchange, Tukwila shall convey by statutory warranty deed to Fountain Park a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. Page 2 of 9 C:\Documents and Settings\msweeney\Local Settings \Temporary Internet Files \OLKI3D \Tukwila Station DA 6 -9.doc 2.3 Fountain Park will retain a temporary easement for parking purposes on the Fountain Park Portion, in a form substantially similar to the attached Exhibit "C" ( "Fountain Park Easement "). In utilizing the Fountain Park Easement, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.3.1. Indemnity. Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attomeys' fees. 2.3.2. Insurance. 2.3.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Fountain Park Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Fountain Park Easement. 2.3.2(ii). Certificates of coverage as required by Paragraph 2.3.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Fountain Park Easement. 2.4 Upon commencement of the Strander Project and any associated relocation of the UPRR tracks, the Fountain Park Easement identified in paragraph 2.3 shall terminate and be extinguished. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR light -of -way ( "Union Pacific Site "), more fully described in Exhibit "D" attached hereto, j the City shall t convey to Fountain Park for permanent . parking_purposes the Union Pacific Site. , hepropert' exchange contemplated by thisprovision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the '., Union Pacific Sit, As part of the Property Exchange Agreement, Fountain Park shallprovide the City with a bond for 1503 of the estimated cost of constructing permanent parking ,on the Union Pacific Site. ;This permanent parking ,shall be in conformance with all applicable City regulations and shall be completed within two nears of the execution of the Property Exchange Agreement. 2.4.1. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR :right -of- -way running adjacent to the Union Pacific Site, Fountain Park shall submit a bid to the City in conformance with the City's bid requirements for the purchase of this property. Fountain Park's bid shall be no less than the property's Fair Page 3 of 9 C:\Documents and Settings\msweeney\Local Settings \Temporary Internet Files \OLK13D1Tukwila Station DA 6 -9.doc { Deleted: right -of -way -{ Deleted: T '( Deleted: then UPRR right -of -way Deleted: that portion of the existing Deleted: ( "Union Pacific Site "), more fully described in Exhibit "D" attached hereto, upon the completion of the relocation of the UPRR right -of -way and the City's acquisition of the existing UPRR right -of -way. s Deleted: UPRR right-of-way Deleted: sufficient financial guarantee to ensure construction of the permanent parking 'I Deleted: The { Deleted: on the Union Pacific Site • '4 ountain Park shall provide tie. of the propert current an 4arket Value of up 's comment: T r' is o .lace icier. The Ciri currently .1 a bon 1 execution of this hruiuino the F; . • • Market Valu.c at the time the City makes 100`, Dra "re )roverrr 1 this amount ill be insert ark's failure a submit a bid the City sha esult in the force CI This bond . lall he extinrrt "••hed in the ti owing instances: Faun "n Park: 2) ter nation of this _ areement: or _ notice by the lon<ter ne. ..ssa e.g. sal f property to a higher bidder, l »env available for sale. To insure tha into . the c!O>re en ountain 3t \gree nt. 0 t c I n•iOr t execuiior1,t Fo. tain re of the : and amount to the sale o •e property_ to that the bond is 00 2.4.2. Should Fountain Park acquire the approximately 57 feet of remaininci vacated tJPRR right -of -way through the process identified in 2.41., the City shall accept Fountain Park's minor modification to the approved development. as submitted to the City on . incorporatinsi into the development this property. 2.5 The City shall exercise its best efforts to provide 180 days advance written notice to Fountain Park of the termination and extinguishment of the Fountain Park Easement. The City shall not be responsible for procuring interim parking for Fountain Park's development during the associated relocation of the UPRR right -of -way. 2.6 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.7 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in Exhibit "E" attached hereto, for Fountain Park's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, Fountain Park agrees to the following Indemnity and Insurance provisions. 2.7.1. Indemnity. Fountain Park shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of Fountain Park, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of Fountain Park, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, Fountain Park shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.7.2. Insurance. 2.7.2(i). Fountain Park shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall Page 4 of 9 C:\Documents and Settings\msweeney\Local Settings \Temporary Internet Files \OLKI3D \Tukwila Station DA 6 - 9.doc Formatted 1 Formatted t Formatted 1 Formatted 1 Deleted: Fountain Park may also purchase additional UPRR right -of -way from the City through a purchase and sale agreement. include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of Fountain Park's use of the Staging Area. 2.7.2(ii). Certificates of coverage as required by Paragraph 2.7.2(i) above shall be delivered to Tukwila prior to Fountain Park's use of the Staging Area. Fountain Park shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of Fountain Park's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. 2 9� Fountain Park shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction ' and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.10 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.11 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.12 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.13 Fountain Park's development shall be consistent with the approvals granted by the City's Planning Commission and Board of Architectural Review dated April 2005. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of Fountain Park and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a Page 5 of 9 C:\Documents and Settings \msweeney\Local Settings \Temporary Internet Files \OLKI3D \Tukwila Station DA 6 - 9.doc Deleted: 1 - 9 particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 3.4 Termination. 3.4.1 This Agreement may be terminated upon mutual agreement of the Parties. 3.4.2 This Agreement shall terminate upon the abandonment of the development by Fountain Park. Fountain Park shall be deemed to have abandoned the development iir _ _ -• -� Deleted: /when fountai Park fails to take title to the prmertv_andi'or fails to submit development applications_ -I Deleted: before October 7. 2006. 3.4.3 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.1 of this Agreement, and d sub mits applications for development that_ are inconsistent with such approvals. 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable LawNenue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a Page 6 of 9 C:\Documents and Settings \msweeney\Local Settings \Temporary Internet Files \OLK13D \Tukwila Station DA 6 -9.doc Deleted: 4 signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of seven (7) pages, one (1) notary acknowledgement pages, and five (5) Exhibits, which constitutes in full the fmal and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Fountain Parkand the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 3.13 Recording. Fountain Park shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, Fountain Park represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 3.16 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Page 7 of9 C:1Documents and Settings\msweeney\Local Settings \Temporary Internet Files \OLK13D1Tulcwila Station DA 6 -9.doc Deleted: 1 This Agreement shall expire and be of no further force and effect if Fountain Park LLC does not construct the development as contemplated by the approvals identified in Paragraph 2.14 of this Agreement, or submits applications for development that arc inconsistent with such approvals. 1 Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. FOUNTAIN PARK LLC CITY OF TUKWILA By: By: Hyun J. Um, Member Steve Mullet, Mayor Page 8 of 9 Approved as to Form: Shelley Kerslake, City Attorney C:\Documents and Senings\msweeney\Local Settings \Temporary Internet Files \OLK13D \Tukwila Station DA 6 -9.doc STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this day of 2006, before me personally appeared Ivun J. Um, the 1ember of Fountain Park LLC, a y ashintTton limited liability company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said ,p_ornpany, for the uses and purposes therein m entione_ d, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: On this day of 2006, before me personally appeared Steve Mullet, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: DRAFT Page9 of9 C:\Documents and Settings\msweeney\Local Settings \Temporary Internet Files\OLK13D\Tukwila Station DA 6 -9.doc 1 Deleted: corporation -i Deleted: 1 'j Deleted: President 1 Deleted: corporation June 17, 2006 Minnie Dhaliwal City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: Tukwila Station Dear Ms. Dhaliwal: Please consider this letter as authorization of the property owner for Fountain Park LLC, Prium Development Company LLC and attorney, Matthew L. Sweeney, to enter into and execute a Developer Extension Agreement, Property Exchange Agreement and any and all environmental, land use, building, construction and utility extension permits to facilitate the Tukwila Station project. Thank you for your consideration. McLeod Development C Stuart ' c . - p . erty owner 213 Lake Stre: Kirkland, WA 98033 y PrOPOSED PROPERTY EXHIBIT CITY OF TUKWILA TO FOUNTAIN PARK LLc. PROPERTIES INC. PRCPOSEO AREA TO 8E DEEDED FROM T1-IE CITY or TUKWILA TO Foutgrqim PARK ±35,590 AS BUILT € TRACKS . 0 100 200 SCALE: 1=200' Ct. IZ I 45 I 12 IdIvi SO. 158TH ST. is-cess 4°5 t oCr t4 9c , Exhibit A I ••••• ••■••• • 1 111 •/ •. I C LONGACRES WAY SO. 1587,-1 ST I EXTENDED AS BUILT TRACKS 1 Ce I Z L1.1 CC I I+ CC (:) Ii. a I fa ..„. ct Z r. " _ et Isc ° ...,, ....; CQ 50'1501 I PREPARED Ell l EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAOUAH. WA. 98027 PH:( PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA T O FOLINTAIN PAFK LLC . PROPERTIES, II1�C. N 0 C.31 LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS KING COUNTY RECORDING NUMBER 9803.129013, RECORDS S O F UNDER COUNTY, WASHINGTON: KING EXCEPT THE EAST 100.00 FEET THEREOF. CONTAINING AN AREA OF 36 SQUARE FEET MORE OR LESS. PROPOSED PROPERTY EXHIBIT ' /771/IV,og R K LLC TO CITY O Any R T UKWlLQ 100 200 SCALE 1 "=.200' I 1 AS BUILT € TRACKS ENRYq SEC. LINE NT 8 C 46 I 57 I- LONGACRES! WAY I MONUMENTEO SO. ;58TH ST EXTENDED 0 1 50 01 1 AS BUILT € TRACKS I • P ROPOSED AREA TO BE DEEDED FROM ,4DUNTA /N TO THE 'CITY 'OF TUKWILA ±103.525 S.F. P RE . SY• EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: C425)392- 5351 PROPOSED LEGAL DESCRIPTION FOUN7 /n/ P,q 4; L L c TO CITY Y a F TUKLYIL„q THE EAST 100.00 FEET OF LOT 2 OF CITY OF L -0007 AS FILED UNDER KING COUNTY REC RDING UMBER ,9803129013, RECORDS OF KING CO ORDING NUMBER LAT NO. COUNTY, WASHINGTON. TOGETHER WITH THE EAST 100.00 FE DESCRIBED PARCEL: E7" OF THE FOLLOWING THAT PORTION OF THE HENRY MEAD R OF SECT /0N 24, TOWNSHIP 23 NORTH DONATION CLAIM N0. '':. COUNTY, WASHINGTON, LYING WEST NORTH, 4 EAST, W. BURLINGTON M'' IN KING 46 AND RAILR RIGHT-OF-WAY NGT GTO O EAST OF THE � NORTHERN SOUTH RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET Sp TH OF THE INE LINE OF SAID DONATION CLAIM AND RAILROAD NO F LONGACRES WAY NORTH OF THE CENTERLINE OF CONTAINING AN AREA OF 103,525 SQUARE FEET MORE OR LESS. -' 7 828 p '. G rSTE J ' A`. C AO SJ� •, XPIRE$ 2 0 0 ' a....,.....�. MAY122 2005 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO FOUNTA /N PA Ax L L G elPlY`` 11710 .,0.1L SIP \ \ a � ,,v .._, \ . g0` • • \50 \ \ • •• • • t. IA.. . ♦• a _� ►'• I 0 • y t� • 1 I t.t .. 41 .e; � • YI t �• 1 a i 1 1 • � i r \ \ J ► 1 ♦ • S iii + � ' • ► • i • • I I I ul • • . '. � • ♦, a ♦ AS BUILT . TRACKS -t-- -I f ; ' • • ♦ ■ • ► ► • • 100 200 700.00 157 oc I ` ; • ._ la ICI SCALE 1 "200' 141 wal i 1 1 th I ZI °�y i 11 lil l I C I JZLa I gp958TH ST - r 1 I 1 }.. I I a I o � I EJ, Ie ♦� Iv 30 ' ►, I J 1 j ? 150' 501 _ ►�i I LONGAGRES WAY 1 MONUMENTED so. 58TH ST EXTENDED ;PROPOSED EASEMENT Exhibit C VIT AS BUILT € TRACKS N. LINE HENRY A. MEEADDER 0. C. 46 SEC 2 1:23�N. R 4E., W. EXPIRES : MAY 22 20070 PREPARED BY: EASTSIDE CONSULTANTS. INC. 415 RAINIER BLVD. N. ISSAQUAH. WA. 98027 PH: (425J392 -5351 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO FOUNTA /N PA L L C. THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98- 0007AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON, TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE QFSAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. • PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY FOUNTA I N . PARK. LLG 1 � A0 S � P., A 5 5 P ls N1 PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY FOONTA / /ti! PARR LLG ( 59.180 S.F. IL LINE.HEN DER C. 1 1.1E T 2 NT , NE . W.M AS BUILT € TRACKS s.i., 00053000.1 100 200 E: r=200' =200' a. IZI y r. Idl I$( SO. 158TH ST. p ._: EXIST. 100' U.P R/R RICHT OF WAY 1tONGACRES WA Y M ONUMENTED SO. 158TH ST I EXTENDED Exhibit D 0' 50.\ 1 AS BUILT € . TRACKS 1 PREPARED 8Y: EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: (4253392 -5351 PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY , OUNTA /N PARK L LC- THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGL 4 EAST, W.M., IN COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. -1.,( (1 of AS BUILT C TACKS 100 200 SCALE: 1" =200' .J . gra. a SO. 158TH ST PROPOSED PROPERTY EXHIBIT • POUNIA /N I K LL G COMBINED PARCEL a9 , tx -t t-, S�P� l e .\ LOPIGACRES WAY ' AS BUILT C TgACKS CONSTRUCTION STORAGE & STAGING AREA June 17, 2006 Minnie Dhaliwal City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: Tukwila Station Dear Ms. Dhaliwal: Please consider this letter as authorization of the property owner for Fountain Park LLC, Prium Development Company LLC and attorney, Matthew L. Sweeney, to enter into and execute a Developer Extension Agreement, Property Exchange Agreement and any and all environmental, land use, building, construction and utility extension permits to facilitate the Tukwila Station project. Thank you for your consideration. McLeod Development C. any �I Stuart '"c - . - p.. erty owner 213 Lake Stre Kirkland, WA 98033 PRIUM CO 1v1PANI E S. DEVELOP • BUILD • MANAGE April 3, 2006 Minnie Dhaliwal City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: Tukwila Station Dear Ms. Dhaliwal: Thanks again.. Yours truly, ew L. . - efey General Counsel MLS:ms Enclosure Thanks for providing me with the design documents that were reviewed by the City and approved for design review. I have discussed the matter at length with my client and put together a draft timeline. Take a look and let me know if you think this is at all feasible. td (253) 565 -1418 fax. (253) 565-0968 820 A Suva, Suite 300, lacoma, WA 98402 pri unworn panies.com priumhomes.com PRIUM COM"PA`N;IES' DEVELOP • BUILD • MANAGE March 29, 2006 Minnie Dhaliwal City of Tukwila 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 RE: Tukwila Station Dear Ms. Dhaliwal: Prium Companies LLC has contracted to purchase the Tukwila Station property and project and expects to close the sale by October of this year. Prior to taking title to the property we wish to revise and execute the previous developer agreement, prepare and submit for approval the construction plans for site development in accordance with the approved Conditional Use Permit and prepare and submit construction plans for the building permits in accordance with the architectural design approval. After my client takes title to the property, we will be in a position to execute the land exchange consistent with the Property Exchange Agreement that was being negotiated with the prior developer. The first step is the Development Agreement. I have edited the prior Agreement and enclosed a "red lined" copy for your consideration. Please review the enclosed and let me know what you think. In the meantime, I will be assembling our project team and setting forth a scope of work and a project timeline. We are very concerned with the timing of the project and the importance of getting under construction just as soon as possible. Thanks for all of your kind assistance and I look forward to working with you and the City of Tukwila on this project. Yours truly, Ma ew . Swee General Counsel MLS:ms Enclosure cirov MAR 2 9 Zp06 Q UIT C td. (253) 565 -1418 fax. (253) 565 -0968 820 A Strect, Suite 300, Tacoma, WA 98402 priumcompanics.com • priumhomes.com r March 9, 2006 Mr. Steve Lancaster Mr. Jack Pace City of Tukwila Dept. of Community Development Via Hand Delivery 6300 Southcenter Blvd. Tukwila, WA 98188 Re: Tukwila Station Project Mcleod 6.2 Acres Dear Steve and Jack, Regards, Brian Lei: ohn Turning Point Realty Advisors Cc: Stuart Mcleod Turning 'Point Realty Advisors EEC Please do not hesitate to call Stuart or me if you have any questions. Thank you. RECEIVED MAR 0 9 'a:5 COMMUNITY DEVELOPMENT As you may know, the previous Buyer and Developer of the proposed project, Trammel Crow Residential no longer has interest in pursuing the acquisition or development of the Mcleod Property. Their decision not to proceed was based on the information obtained at the February 10, 2006 meeting with both of you and the City Attorney. This letter is to inform you that Stuart Mcleod has entered into a different Purchase and Sale Agreement with a new Developer. Please be aware that this very capable new entity may be contacting you soon to discuss the status of the project. Y:1WP`.TRAMMELL\TIfKWILA STA'IION'AGENDA.DOC Proposed Agenda for Meeting: A. Trammell Crow Residential 1. Background on Company 2. Plans to Acquire and Develop McLeod Property q B. Financial limitations on constructing project designed by Pacific Commercial Properties C. Current design proposed by TCR meets intent of prior approvals 1. Mixed Use Component 2. Building Look & Feel 3. Site Plan Layout 4. Market dictating for sale vs. rental D. Confirmation of Staff Position and Timing for Next Steps 1. Design Acceptance 2. Extension of CUP 3. Reinstatement of and Revisions to Development Agreement a. Closing for land swap occurs upon issuance of building permits b. If Union Pacific realignment doesn't occur in 10 years, parking easement should become permanent 4. Other Entitlement and Mitigation Issues a. SEPA Review Completed b. No other discretionary permits c. Mitigation Fees 5. Stormwater Infrastructure 6. Status of Tax Exemption legislation Background • The original proposal was for 291 units and 5000 sq. ft. of retail with covered parking under a five -story steel frame building. The Conditional Use Permit and BAR approved on April 29, 2005. • Development Agreement has expired. • Conditional Use Permit expiration is April 29, 2006 unless a building permit conforming to plans for which the CUP was granted is obtained by April 29, 2006. The CUP shall automatically expire unless substantial construction of the proposed development is completed by April 29, 2007. The Planning Commission or the City Council may grant single renewal of the CUP if the applicant can demonstrate extraordinary circumstances or conditions. No public hearing is required for renewal. The CUP was approved for a mixed -sue project. • BAR approval is good for three years, i.e. until April 29, 2008. However major modifications to the design have to be reviewed by BAR. • Moratorium expires on June 7, 2006 (six months from the effective date of 12- 07 -05). There is an exemption for residential mixed use and a requirement for a development agreement. Trammell Crow's Proposal Tukwila Station • The revised proposal is for a total of 238 units with 164 units as one - bedroom units. The proposal does not include any retail. The project is designed as a four -story wood -frame building with surface parking. • They would like to extend the conditional use permit. Also, they want the design changes to be approved administratively. • Development Agreement- potential issues • Traffic Impact Fees • Utilities- Stormwater • Code amendment to delete the requirement for mixed -use What city wants: • Condominium and mixed -use type of development • Better design quality • Removal of the city's commitment for $300,000 for stormwater improvements • Preserve 100 feet for railroad right -of -way • Sale of city owned property • ▪ L III PROPERTIES November 17, 2005 City Of Tukwila Mr. Steve Lancaster Mr. Jack Pace Via Facsimile # 206 -431 -3665 RE: Tukwila Station Development Project Property Exchange Agreement 11715 SE Fifth Street, Suite 1 1 1 Bellevue, Washington 98005 425 -455 -1122 office 425- 455 -1333 fax Dear Steve and Jack, On behalf of the Property Owner (Stuart Mcleod and Mcleod Development Company), this letter shall serve to notify the City of Tukwila that the Owner of the Property for the referenced Development project would like to immediately proceed with the documentation process and preparation phase for the closing and execution of the Property Exchange Agreement. Please advise us of the necessary steps that are required by the Title Company and the Legal Department of the City so that we understand the Owner's functions towards documentation. Due to the upcoming holidays we also hereby request that the Mayor grant the extension for Closing stipulated in the Agreement to allow time for a contemplated exchange. Thank you, please do not hesitate to call with questions, comments or concerns. Sinc Brian Lei hn Owner's Representative Cc: Stuart Mcleod DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE AG a5 -090 This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial Properties ( "PCP ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B. PCP intends to close on the above - referenced sale on or before August 1, 2005. C. PCP desires to develop this property for a mixed -use residential project to be constructed within the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005. D. This property is zoned Tukwila Urban Center District. Under current land use regulations, residential mixed use is only allowed within 500 feet of a water amenity. This regulation will need to be changed to effectuate desirable development of this property, as described herein. E. Land uses within the TUC were adopted prior to the presence of the Commuter Rail /Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail /Amtrak Station is a transportation amenity. F. PCP has already begun the site development process by submitting to the City an environmental checklist, application for design review, and application for a conditional use permit, and desires to develop this property in 2005. G. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative /&I ORIGINALS ENID SEP 1 2 2005 Page 1 of 8 F: \APPS \C1V\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by PCP. H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. I. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. K. To provide certainty and efficiency to PCP and the City with respect to the development of this property, to encourage mixed -use residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than August 1, 2005; provided, however, that the Mayor in his sole discretion may extend this deadline to September 1, 2005, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Tenns. 2.1 The Mayor agrees to recommend amendments to the zoning code, which would allow mixed -use development within the TUC. If such zoning code amendments are not approved by the City Council, this Agreement shall immediately terminate If such amendments are approved by the City Council, this Agreement shall remain in effect. 2.2 PCP shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "PCP Portion ") attached hereto. Page 2 of 8 F: \APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. 2.4 PCP will retain a temporary easement for parking purposes on the PCP Portion, in a form substantially similar to the attached Exhibit "C" ( "PCP Easement "). In utilizing the PCP Easement, PCP agrees to the following Indemnity and Insurance provisions. 2.4.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.4.2. Insurance. 2.4.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the PCP Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the PCP Easement. 2.4.2(ii). Certificates of coverage as required by Paragraph 2.4.2(i) above shall be delivered to Tukwila prior to PCP's use of the PCP Easement. 2.5 Upon commencement of the Strander Project and any associated relocation of the UPRR right -of -way, the PCP Easement identified in paragraph 2.4 shall terminate and be extinguished, provided that the City has first acquired and conveyed to PCP that portion of the existing UPRR right -of -way ( "Union Pacific Site ") more fully described in Exhibit "D " attached hereto. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the UPRR right -of -way. 2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union Pacific Site. The City shall exercise its best efforts to provide 180 days advance written notice to PCP of any obligation to relocate the parking initially authorized by the PCP Easement. Page 3 of 8 F:\ APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2.7 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.8 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in Exhibit "E" attached hereto, for PCP's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, PCP agrees to the following Indemnity and Insurance provisions. 2.8.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.8.2. Insurance. 2.8.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the Staging Area. 2.8.2(ii). Certificates of coverage as required by Paragraph 2.8.2(i) above shall be delivered to Tukwila prior to PCP's use of the Staging Area. 2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of PCP's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. _ 2.10 PCP shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.11 Best efforts will be used to retain the train trestle currently located at Longacres Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability to utilize this trestle will require the approval of the Public Works Department. 2.12 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. Page 4 of 8 F: \APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2.13 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.14 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.15 PCP's development shall be consistent with approval standards set forth by the City's Board of Architectural Review. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of PCP and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 3.4 Termination. This Agreement may only be terminated upon mutual agreement of the Parties. 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. Page 5 of 8 F: \APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. _ The entire Agreement consists of seven (7) pages, one (1) notary acknowledgement pages, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Pacific Commercial Properties and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Page 6 of 8 F:\ APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 3.13 Recording. PCP shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, PCP represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. PACIFIC COMMERCIAL PROPERTIES Page 7 of 8 CITY OF TUKWILA B ifr--- By: Its: President Steve Mullet, Mayor e feo S Approved as to Form: F:\ APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2 us Shelley Kers1..�it ttorney STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this / 114 day of A/40, 2005, before me personally appeared , the Presrdent of Pacific Commercial Properties, a n i P.i-h KP b4rcorporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. COUNTY OF KING STATE OF WASHINGTON ) ss: On this day of j 2005, before me personally appeared Steve Mullet, known to me to be t The Ma r of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. er1NIS C • i' Q ? �SSION� + 43% C i i : o NOTAR I)* . Washin to i Washing to . �'t 1BLl 6 • Residing at a I 1‘1%‘°1t, • 29 0 • My commission expires : / 2S/D 6 WAS0_ - Page 8of8 F: \APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC Printed Name: NOTARY PUBLIC in and for Washington Residing at: �.e..022 - My commission expires: ted Name: c lt/E Cit/AJ S 4't/ in and for the State of P NOTARY PUBLIC a PROPOSED PROPERTY EXHIBIT CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC. r g 51 p � } G , �� ,P � ∎I P 0 100 200 SCALE: 1"---.20o' PROPOSED ARE,4 TO BE DEEDED FROM THE CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC. ±36,590 S.F. AS BUILT TRACKS 57 Exhibit A — —4 I LONGACRES WAY MONUMENTED C SO. 158TH ST EXTENDED 1 1 AS BUILT c TRACKS PREPARED BY: EASTSIDE CONSUL TANTS, INC. 415 RAINIER BLVD. N. ISSAOUAN, WA. 98027 PH: ( 4251392- 5.351 PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, / C. N N CJ1 VI U1 01 LOT 1 OF Cl' TY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9 803129013, RECORDS OFKING COUNTY, WASHINGTON: EXCEPT THE EAST 100.00 FEET THEREOF. CONTAINING AN AREA OF 36,590 SQUARE FEET MORE OR LESS. t or t i t ■ ■ . EN W ♦i ,,,,*".• .4. wAgyi i 1 • c : . � ' i ■ :� • '� Qz' i j • �: i i o ■ 27 826 p • ,4� GISTS ■ • ,; �tigl. •LANCI e. t It 5 � ;XPIRES _ MAY 22 2005 �► .id Q 100 200 SCALE. 1"..--:200' CL. 1Z ICI a I IWI� - -JZL�L I SO. I53TH ST. PACIFIC COMMERCIAL PROP PROPERTY EXHIBIT PACIFIC INC. TO CITY OF TU}{WILA 1 - c perE G w \ \ C PS AMY S SEC. E GOVT OV ER D- C. 24, 7 8 23N., R.4E :, W.M. I AS BUILT TRACKS j I I I 57" F -- L ONGACRE S WAY MONUMEN TED rt. SO. 158TH ST ` EXTENDED \ 50 1 50 \ \ i% 0 D 1 QO.00' 4 z 5 l O m I 501501 AS BUILT € TRACKS I. PROPOSED AREA TO BE DEEDED FROM PACIFIC COMMERCIAL PROPERTIES, INC. TO THE CITY of TUKWILA ±103.525 S.F. 1 P.RE, °.4REO BY, I EAS TSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. I SSAQUAH, WA. 98027 i PH: L = 25 1392 -,5 351 PACIFIC COMMERCIAL PROPOSED PROPERTIES, DESCRIPTION INC, TO CITY OF TUKWIL„q THE EAST 100.00 FEET OF LOT 2 OF CITY OF TUKWILA SHORT L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBE PLAT NO. 9803129013, RECORDS OF KING COUNTY, WASHINGTONUMBER TOGETHER WITH THE FAST 100.00 FEET OF THE FOLLO DESCRIBED PARCEL: WING THAT PORTION OF THE HENRY MEADER DONATION CLAIM O OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M 46 AND IN KING . COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC NORTHERN RIGHT -OF -WAY, AND SOUTH OF LINE 137 FEET SOUTH O RA T ROAD LINE OF SAID DONATION CLAIM AND NORTH OF THE CEN L/ NORTH TERLI LONGACRES WAY , NE OF CONTAINING AN AREA OF 103,525 SQUARE FEET MORE OR LESS. 6 Wja 1.160.1.60 AS BUILT SCALE: 1 .41 IZI 121 111 11 Vi t t_ _fl 158TH ST I I 0 100 200 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC. I ij I . 1 I I ; I ; 1 I — TRACKS—Hi I t I I I I I I I ki I :PROPOSED 30' 11 IL . u'o"'''' ° 51P‘ • \ \ \I '.• .. ,• H • 1,41. • \ \ I I V • • \ \ ■* .. •• 157' 43': ; ,.. ,c 2 • . ■ • • vd. 4 \ I I l' •-• ,. ;...1 • • ' \ --... : - • ! • a. —J g.*.; ■40 I is: I ci; •% iii: • • • • •• \ V• ■• 1:: • ::: •40 •4 :-, • •4 ::.; • • ■ P • .4 .t pip l 0.. o. • Li 41+ •• /40 41. .0. •' 111,14 04 414 • f- 04 41. 104 11 EASEMENT 1 5oisol Ir O WAY NGACRES or MONUMENTED 50. 158TH ST EXTENDED 1 Exhibit C \- AS Apr-ca-u0 11:"eUAM; rage 0/4 BUILT TRACKS I N. LINE HENRY A. . __. MEADER D. C. 46 S. OWE .0617•7 7 SEC. 24, 1.23N., R.4 W. M. PREPARED BY: EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH. WA. 98027 PH: (425J392-5351 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC. THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT-OF-WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE QF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. t�S� as �P� � •• *. \\ i4 1111 ,6■•■ ►••� ►••! %% :1 ►• I .. • ••• ►�•� PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES INC. 159,180 S.F. T HEN Y M ADER 9 C 46 .SEC LIE N 2 3 N ., LOT W.M. AS BUILT € TRACKS 100 200 SCALE: 1 0. .a IZI *a I %I 4 SO. 158TH ST. �L.lJ JL16Af V t � Q R1t�P 0 z 57' N zn EXIST. 100' U.P.R /R RIGHT OF WAY Exhibit D Gn.7 I �11JC �JUIY. UL. 1 F11Y I J LONGACRES WAY MONUMENTED SO. 158771 ST I EXTENDED ■ 1 5015 \---AS BUILT € TRACKS I i PREPARED BY: EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: (425)392 -5351 +—• . ao TLJJ JGTLJ! LA EXPIRES : MAY 22 2005 GFiJ 1 J1LG I+UI`IJUL I HIV I J PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. 12( �l�0� I-AGE 03 0 PROPOSED PROPERTY EXHIBIT PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL ■r1.1R 5 � PE E / \. N SCALE: 1 "_200' O. J E • SO. 158TH ST AS BUILT C - TACKS 1 00 200 4 Exhibit E w w LONGACRES WAY AS BUILT C TRACKS CONSTRUCTION STORAGE & STAGING AREA City of Tukwila Department of Community Development Steve Lancaster, Director To. Tukwila City Council Form: Steve Lancaster, DCD Director Date: August 24, 2005 Subject: Amendments to the Development Agreement between Pacific Commercial Properties (PCP) and the City of Tukwila Background On April 4, 2005, the City Council held a public heanng for the Development Agreement between Pacific Commercial Properties (PCP) and the City of Tukwila for the development of a multi - family condominium project within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center The City Council authorized the Mayor to sign the development agreement. The applicant and the Mayor have signed the agreement. Proposed Amendments On August 10, 2005, Kenneth Kester pnncipal at Pacific Commercial Properties submitted a letter requesting two amendments to the Development Agreement. The proposed amendments would lengthen the effective dates from August 1, 2005 to December 1, 2005 and September 1, 2005 to January 3, 2006 Section III AGREEMENT sub section 1.1 would read as follows "This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than December 1, 2005: provided, however, that the Mayor in his sole discretion may extend this deadline to September 1, 2005 January 3, 2006, without further authorization of the City Council." The applicant has requested additional time to complete the financial agreement for the construct of the project. Recommendation Given the type of amendments to the agreement, staff recommends approval of the changes. Steven M Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665 August 10, 2005 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Suite # 100 Tukwila, Wa. 98188 Attn: Steve Lancaster, Director File L05 -014 and L05 -015 Dear Steve, Kenneth Kester Principal Pacific Commercial Properties PACIFIC COMMERCIAL PROPERTIES P 0. Box 53405 Bellevue, Wa 98015 425 -453 -4384 Pacific Commercial Properties is requesting that the effective date of the "Development Agreement between Pacific Commercial Properties and the City of Tukwila for the development of a multi - family condominium project ", be extended as follows: (as excerpt and modified from agreement). "This agreement shall become effective upon approval by the City of Tukwila City Council, execution by both parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than December 1, 2005 (previously approved on August 1, 2005), provided, however, that the Mayor m his sole discretion may extend this deadline to January 3, 2006, (previously approved on September 1, 2005), without further authorization of the City Council." All other terms and conditions of the agreement remain unchanged. This request to extend the closing dates will allow the duration to complete the necessary underwriting for the financing and capitalization to construct the condominium project. We understand that the City Council will require their approval of these changes. Due to critical deadlines, we are respectfully requesting your processing of these changes with the City Council for their consideration at your earliest convenience We will be available to discuss this request with the Council at the appropriate scheduled meeting of the Council. Thank you kindly for your assistance on this matter. If you have any questions, you may •-ach me at 425-4 -4384 DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial Properties ( "PCP ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City"), is entered into pursuant to the authonty of RCW 36 70B 170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS B PCP intends to close on the above - referenced sale on or before August 1, 2005. C CRY A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. C. PCP desires to develop this property for a mixed -use residential project to be constructed within the Transit- Onented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explamed in the design schematics submitted to the City on March 16, 2005. D. This property is zoned Tukwila Urban Center District. Under current land use regulations, residential mixed use is only allowed within 500 feet of a water amenity This regulation will need to be changed to effectuate desirable development of this property, as described herein. E. Land uses within the TUC were adopted pnor to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. F. PCP has already begun the site development process by submitting to the City an environmental checklist, application for design review, and application for a conditional use permit, and desires to develop this property in 2005. G The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative Page I of 8 F -• APPS \CIV\TUKWILAiConuact\Tukwila Station - Development Agreement - FIN AL.DOC would require the relocation of the Union Pacific Railroad ( "UPRR ") nght -of -way from its current location to a location adjacent and west of the existing Burlington Northern nght -of -way This portion of the property would be owned by PCP. H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. I. Tukwila owns approximately 1 63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. K. To provide certainty and efficiency to PCP and the City with respect to the development of this property, to encourage mixed -use residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows: 1.0 Effective Date and Term. 2.0 Terms. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof m a form acceptable to the City of PCP's ownership of the subject property not later than August 1, 2005; provided, however, that the Mayor in his sole discretion may extend this deadline to September 1, 2005, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.1 The Mayor agrees to recommend amendments to the zoning code, which would allow mixed -use development within the TUC. If such zoning code amendments are not approved by the City Council, this Agreement shall immediately terminate. If such amendments are approved by the City Council, this Agreement shall remain in effect. 2.2 PCP shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot stnp) needed for relocation of the UPRR nght -of -way, more fully described in Exhibit `B" ( "PCP Portion ") attached hereto. Page 2 of 8 F APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto 2.4 PCP will retain a temporary easement for parking purposes on the PCP Portion, in a form substantially similar to the attached Exhibit "C" ( "PCP Easement "). In utilizing the PCP Easement, PCP agrees to the following Indemnity and Insurance provisions. 2.4.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability ansing from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to mdemrufying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.4.2. Insurance. 2.4.2(i). PCP shall procure and maintain m full force throughout the duration of its use of the PCP Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal mjury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibitmg cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the PCP Easement. 2.4.2(ii) Certificates of coverage as required by Paragraph 2.4.2(i) above shall be delivered to Tukwila prior to PCP's use of the PCP Easement. 2.5 Upon commencement of the Strander Project and any associated relocation of the UPRR nght -of -way, the PCP Easement identified in paragraph 2.4 shall terminate and be extinguished, provided that the City has first acquired and conveyed to PCP that portion of the existing UPRR nght -of -way ( "Union Pacific Site ") more fully described in Exhibit "D" attached hereto. The property exchange contemplated by this provision will be detailed m a formal Property Exchange Agreement that will be executed at the time the City acquires the UPRR right -of -way. 2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union Pacific Site. The City shall exercise its best efforts to provide 180 days advance wntten notice to PCP of any obligation to relocate the parking initially authorized by the PCP Easement. Page 3 of 3 F APPS \CIV\TUKWILA \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2 7 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.8 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in Exhibit "E" attached hereto, for PCP's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, PCP agrees to the following Indemnity and Insurance provisions 2.8.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability ansing from injury or death to persons or damage to property resulting in whole or m part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, m addition to mdemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.8.2. Insurance. 2.8.2(i) PCP shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior wntten notice to Tukwila. Cancellation of the required insurance shall automatically result m termination of PCP's use of the Staging Area. 2.8.2(ii). Certificates of coverage as required by Paragraph 2.8.2(i) above shall be delivered to Tukwila prior to PCP's use of the Staging Area. 2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of PCP's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. - 2.10 PCP shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.11 Best efforts will be used to retain the train trestle currently located at Longacres Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability to utilize this trestle will require the approval of the Public Works Department. 2.12 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. Page 4 of 8 FAAPPS \CIV'TUKWILA \Contact \Tukwila Station - Development Agreement - FINAL.DOC 2.13 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City 2.14 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.15 PCP's development shall be consistent with approval standards set forth by the City's Board of Architectural Review. 3.0 General Provisions. 3.1 Assignment of Interests. Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its nghts under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of PCP and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregomg, if any matenal provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. the Parties. 3.4 Termination. This Agreement may only be terminated upon mutual agreement of 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and matenal breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute ansing under this Agreement shall be King County Supenor Court. Page 5 of 8 F . API 'S\CIV\TUKWILA \Conttact\Tukwila Station - Development Agreement - F1'JAL.DOC 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party wntten notice of the alleged violation by sending a detailed wntten statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of wntten notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute pnor to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute ansing out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure penod or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described m Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, mcluding approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an origmal. _ The entire Agreement consists of seven (7) pages, one (1) notary acknowledgement pages, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Pacific Commercial Properties and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement m their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Page 6of8 F °. APPS \CIV'TUKWILA\Contract\Tukwila Station - Development Agreement - FINAL.DOC 3.13 Recording. PCP shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence pnor to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3 15 Legal Representation. In entenng into this Agreement, PCP represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. PACIFIC COMMERCIAL PROPERTIES By: Its: President Page 7 of 8 CITY OF TUKWILA F•'\APPS\CIV\TUKWILA\Connact \Tukwila Station - Development Agreement - FNAL.DOC Steve Mullet, Mayor Approved as to Fonn: Shelley Kersl i 1 • ttorney STATE OF WASHINGTON ) COUNTY OF KING ) ss: On this / /j day of (, 40_6 2005, before me personally appeared , the Pre ''dent of Pacific Commercial Properties, a ke 5 /' that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authonzed to execute said instrument. IN WITNESS WHEREOF, I have day and year first above written. / - r Af • V w Lo % g •,tuts►'% % % % % �`''� hereunto set my hand and affixed my official seal the Printed Name: NOTARY PUBLIC in and for Washington Residing at: fc 1CI ZtL� — �� My commission expires: 67 STATE OF WASHINGTON ) ) ss: COUNTY OF KING ) On this gig day of 2005, before me personally appeared the City Ma r of th tY of Tukwila, Washington i Steve Mullet known to me to be ti al � a, a Wash g ton municP corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. oNIS �; ‘‘i ' s ��?� SSioNF + A �L�G 10 1 : o NO 13 i , NOTARY PUBLIC in and for the State of • U PUBLIC • Washingtor a �i S • Residing at � d ?90 6 . . • My commission expires. / Zg /O 6 % �‘ WASO P F PPS S.CI V \TUK W I LA\ConimctaTukwila Station - Development Agreement - FI IAL.DOC &C .1,tjui- 1 ted Name: J t t)E Cit//V! Page 8 of 8 PROPOSED PROPERTY EXHIBIT CITY OF TU {W1LA TO PACIFIC COMMERCIAL PrtOPE RT IES, INC. ��fs ` 1 I PROPOSED AREA TO BE OEEDED FROM THE CITY OF T1/KWILA 1 TO PACIFIC COMMERCIAL PROPERTIES, fNC. ±36,590 SF XPIRES • MAY 22 2005 AS BUILT € TRACKS 57 S 1� � y V W 0 100 200 V •¢ a 13 14.i SCALE. 1" =200' a` CL, -•d v q)1 y it so_� � aTH s - Exhibit A 50 ` \ \ LONGACRES WAY MONUMENTEO SO 1581N ST EXTENDED \ 8UILF TRACKS cc cg Z cc Q Z I U Z : 1�a 2 1 Z w a a z 50' 50 PREPARED BY EASTSIOE CONSUL TANTS, INC 415 RAINIER BLVD N ISSAQUAH, WA. 98027 1 PH ( 425]392 - .5.551 PROPOSED LEGAL DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, II C, N U1 EXCEPT THE EAST 100 00 FEET THEREOF. N $ It, i ^ < 27826 O l ; GIgTE � i O LA SJ i EXPIRES MAY 22 2005 o 4 .. ✓ LOT 1 OF CITY OF TUKWILA SHORT PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING C OUNTY, WASHINGTON: CONTAINING AN AREA OF 38,590 SQUARE FEET MORE OR LESS PROPOSED PROPERTY EXHIBIT PACIFIC COMMERCIAL PROPERTIES, INC. TO CITY OF TUKWILA t, Nii��v��rr AS N. I /NE HENRY A M ADER O.C. 46 SEC. 24 T 23NT LOT 4c , W M_ 0 100 200 SCALE. 1" =200' —3 a -. 1°1 a 1 IZL4i I SO. 158TH TT T I • QI 57' { 43' 57' 43' 100 00' BUILT r� TRACKS TRACKS { 4.— --- -- _ —t LONGACRES WAY MONUMEN TED r , SO 158TH ST EXTENDED Exhibit B ■ 50' 5 1---AS BUILT t TRACKS `_ PROPOSED AREA TO BE DEEDED FROM PACIFIC COMMERCIAL PROPERTIES. INC. TO 7I-lE CITY OF TUKWILA ]103.525 S.F. PREP4RE0 SY EA CONSULTANTS. INC 4.15 RAINIER BLVD N ISSAQUAH, WA 98027 PH (425)392 -5351 PROPOSED LEGAL DESCRIPTION PACIFIC COMMERCIAL PROPERTIES, INC. TO CITY OF TUKWILA THE EAST 100.00 FEET OF LOT 2 OF CITY OF TUKWILA SHORT PLAT NO L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE EAST 100 00 FEET OF THE FOLLOWING DESCRIBED PARCEL. THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. CONTAINING AN AREA OF 103,525 SQUARE FEET MORE OR LESS XPIRES MAY 22 2003 =HI oy. rdl.IFIC commercial; PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL. PROPERTIES, INC. Aa wP , SSP ` t RiMP AS BUILT Q TRACKS -1-- -I ;2!iii!!!!2 � l .- II 100 200 1 I SCAE "200' t 1 1 PROPOSED G. J O I EASEMENT 12 0 8 1 I°I I 1�1 1171141 1 Lszliz 507158TH ST -- TT 425 - 453 -4385; tt - 4 tti F T 30' L0NGACRES WAY MONUMENTED ' I SO. 158TH ST EXTENDED 50 . 50` 1 1,1 .1 ■ I 1 1 I I I N. LINE HENRY A. __, MEADER D.C. 46 i � Exhibit C Apr -29 -05 11:20AM; rage „3t4 p - AS BUILT € TRACKS S'. L /Nt: G0`Ce LOT 8 SEC. 24, T 23N., R.4E , W.M. 4 I V A. 0 410 • r. y ter. " As .Q 27828 Q ss F c/s � ` L M' 50' 501 % EXPIRES MAY 22 2007 PREPARED BY: EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: [425)392 -5351 cy. rat..liic t.ommerclal; 425- 453 -4385; Apr -29 -05 11:21AM; Page 4/4 PROPOSED EASEMENT DESCRIPTION CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC. THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE FOLLOWING DESCRIBED PARCEL.: THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURL1NGTON •NORTHERN RAILROAD RIGHT-OF-WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, AND SOUTH OFA LINE 137 FEET SOUTH OF THE NORTH LINE QF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. 07/03/ 14:04 4253924676 EASTSIDE CONSULTANTS PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. � 40 wA -( PROPOSED AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD ANO ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. 59,180 S.F. 1 `I'_ ► a_HEN Y M ADERs1 C. 46 SEC. 24 23N, R E W.M. AS BUILT TRACKS 0 100 200 SCALE: 1"- • 0. IZI c a Ill y iwl • 507158TH ST. 1 4 O z 57' EXIST. 100' U.P.R/R RIGHT OF WAY F LONGACRBS I WAY M ONUMENTED q I I SO. 158TH ST EXTENDED 1 Exhibit ID 50' 1 or C115 1 f i CO 50'I 50j 4 AS BUILT 77?ACKS 1 W ir 9 FGI S TP 41 'LAK i 1 EXPIRES MAY 22 2005 t PREPARED 81": EASTSIDE CONSULTANTS, INC. 415 RAINIER BLVD. N. ISSAQUAH, WA. 98027 PH: (425)392 -5351 PA b2 e�f b.i/ [tib5 14:04 4253924676 PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC. THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. EASTSIDE CONSULTANTS PAGE 03 %EXPIRES : MAY 22 2005 I t( r7 51(4 SO. 158TH ST PROPOSED PROPERTY EXHIBIT PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL E 405 42 sl , �'C P . As BUILT C TACKS AS BUILT C -TACKS I � V Q ' ( j i 0 100 200 �— •�atnyn SCALE: 1"_200' Exhibit E LO�dGACRES -, WAY CONSTRUCTION STORAGE & STAGING AREA City of Ti kwila Department of Cornuznity Development Steve Lancaster, Director To: Tukwila City Council Form: Steve Lancaster, DCD Director Date: August 24, 2005 Subject: Amendments to the Development Agreement between Pacific Commercial Properties (PCP) and the City of Tukwila Background On April 4, 2005, the City Council held a public hearing for the Development Agreement between Pacific Commercial Properties (PCP) and the City of Tukwila for the development of a multi - family condominium project within the Transit - Oriented Development (TOD) area of the Tukwila Urban Center. The City Council authorized the Mayor to sign the development agreement. The applicant and the Mayor have signed the agreement. Proposed Amendments On August 10, 2005, Kenneth Kester principal at Pacific Commercial Properties submitted a letter requesting two amendments to the Development Agreement. The proposed amendments would lengthen the effective dates from August 1, 2005 to December 1, 2005 and September 1, 2005 to January 3, 2006. Section III AGREEMENT sub section 1.1 would read as follows: "This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acce •tabl - • • ' m of PCP's ownership of the subject property not later th. �;, " c : cember 1 2005: , ided however, that the Mayor in his sole discretion may exten• • • • e o anuary 3, 200•, ithout further authorization of the City Council." Steven M. Mullet, Mayor The app icant has requested additional time to complete the financial agreement for the construct of the project. Recommendation Given the type of amendments to the agreement, staff recommends approval of the changes. 4 August 10, 2005 City of Tukwila Department of Community Development 6300 Southcenter Boulevard Suite # 100 Tukwila, Wa. 98188 Attn: Steve Lancaster, Director File L05 -014 and L05 -015 Dear Steve, Pacific Commercial Properties is requesting that the effective date of the "Development Agreement between Pacific Commercial Properties and the City of Tukwila for the development of a multi - family condominium project ", be extended as follows: (as excerpt and modified from agreement). "This agreement shall become effective upon approval by the City of Tukwila City Council, execution by both parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than December 1, 2005 (previously approved on August 1, 2005), provided, however, that the Mayor in his sole discretion may extend this deadline to January 3, 2006, (previously approved on September 1, 2005), without further authorization of the City Council." All other terms and conditions of the agreement remain unchanged. This request to extend the closing dates will allow the duration to complete the necessary underwriting for the financing and capitalization to construct the condominium project. We understand that the City Council will require their approval of these changes. Due to critical deadlines, we are respectfully requesting your processing of these changes with the City Council for their consideration at your earliest convenience. We will be available to discuss this request with the Council at the appropriate scheduled meeting of the Council. Thank you kindly for your assistance on this matter. If you have any questions, you may - ach me at 425-4 -4384. Kenneth Kester Principal Pacific Commercial Properties PACIFIC COMMERCIAL PROPERTIES P.O. Box 53405 Bellevue, Wa 98015 425- 453 -4384 DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI- FAMILY CONDOMINIUM PROJECT I. PREAMBLE II. RECITALS This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial Properties ( "PCP ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase property located in the City of Tukwila, Icing County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B. PCP intends to close on the above - referenced sale on or before August 1, 2005. C. PCP desires to develop this property for a mixed -use residential project to be constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005. D. This property is zoned Tukwila Urban Center District. Under current land use regulations, residential mixed use is only allowed within 500 feet of a water amenity. This regulation will need to be changed to effectuate desirable development of this property, as described herein. E. Land uses within the TUC were adopted prior to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. F. PCP has already begun the site development process by submitting to the City an enviromnental checklist, application for design review, and application for a conditional use permit, and desires to develop this property in 2005. G. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative Page 1 of 8 onCV - I\ATt n[w1I Mennimct \Tukwila Station - Development Agreement - FINAL.DOC would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by PCP. H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. I. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 16,000 square feet are subject to this Agreement. J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. K. To provide certainty and efficiency to PCP and the City with respect to the development of this property, to encourage mixed -use residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of PCP's ownership of the subject .ro•e not later than August 1, 2005; provided, however, that the ayor in is so e discretion may extend this deadline to September 1, 2005, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terns. 2.1 The Mayor agrees to recommend amendments to the zoning code, which would allow mixed -use development within the TUC. If such zoning code amendments are not approved by the City Council, this Agreement shall immediately terminate. If such amendments are approved by the City Council, this Agreement shall remain in effect. 2.2 PCP shall convey by statutory warranty deed to Tulcwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "PCP Portion ") attached hereto. Page2ofS FAA r['svCIN/ T[ 11( I_A \Contract \Tukwila Station - Development Agreement - FINAL.DOC 2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. 2.4 PCP will retain a temporary easement for parking purposes on the PCP Portion, in a form substantially similar to the attached Exhibit "C" ( "PCP Easement "). In utilizing the PCP Easement, PCP agrees to the following Indemnity and Insurance provisions. 2.4.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or!ernployees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.4.2. Insurance. 2.4.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the PCP Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the PCP Easement. 2.4.2(ii). Certificates of coverage as required by Paragraph 2.4.2(i) above shall be delivered to Tukwila prior to PCP's use of the PCP Easement. 2.5 Upon commencement of the Strander Project and any associated relocation of the UPRR right-of-way, the PCP Easement identified in paragraph 2.4 shall terminate and be extinguished, provided that the City has first acquired and conveyed to PCP that portion of the existing UPRR right -of -way ( "Union Pacific Site ") more fully described in Exhibit "D" attached hereto. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the UPRR right-of-way. 2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union Pacific Site. The City shall exercise its best efforts to provide 180 days advance written notice to PCP of any obligation to relocate the parking initially authorized by the PCP Easement. Page 3 of 3 ff not ffaATf I•t1 /IT A T..4.v Ctn nnvelnnment Atn•eefnent _ F1NA 2.7 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.8 The City shall designate in its sole discretion, and on any reasonable conditions, a portion of its property, described in Exhibit "E" attached hereto, for PCP's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, PCP agrees to the following Indemnity and Insurance provisions. 2.8.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or iemployees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.8.2. Insurance. 2.8.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the Staging Area. 2.8.2(ii). Certificates of coverage as required by Paragraph 2.8.2(i) above shall be delivered to Tukwila prior to PCP's use of the Staging Area. 2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of PCP's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. _ 2.10 PCP shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.11 Best efforts will be used, to retain the train trestle currently located at Longacres Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability to utilize this trestle will require the approval of the Public Works Department. 2.12 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. Page 4 of 8 ne...d....,.,Pnt Aeree.nPnt - FIN nnc 2.13 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.14 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.15 PCP's development shall be consistent with approval standards set forth by the City's Board of Architectural Review. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not unreasonably be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and assigns of PCP and the City. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. the Parties. 3.4 Termination. This Agreement may only be terminated upon mutual agreement of 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. Page 5of8 174 A nnc..rnn.Ti nt Atr,,.,imrhTukwila Slalinn - Develomnent Aereement - FINA(. nf1C 9 3.7 Notice of Default /Opportunity to Cure /Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. 3.10.2. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. _ The entire Agreement consists of seven (7) pages, one (1) notary acknowledgement pages, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Pacific Commercial Properties and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. /0 3.10 Contingencies. Page6of8 F. %A nnctrIV\TI ncwtt A rnnunct ■Tukwila Station - Development Agreement - FINAL.DOC 3.13 Recording. PCP shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.708.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, PCP represents that it has been advised to seek legal advice and counsel from its attorney conceming the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. PACIFIC COMMERCIAL PROPERTIES Its: President /ec, s Page 7of3 CITY OF TUKWILA , ..i....:,.. c _ nP...l n..m. nt A nranm..nt - FTU A f rune Steve Mullet, Mayor Approved as to Form: • Shelley Kerlla ttomey l/ STATE OF WASHINGTON ) ) ss: COUNTY OF ICING ) On this / h / i day of l ; 2005, before me personally appeared the Pre' dent of Pacific Commercial Properties, a k e n y 4 corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abovuritten. i 493 f ' • 11 .: I %%ao .. 1 4431 W' day and year first above written. OINIS d‘% p' ; o � N OTARy D l i :U 0• i PUBLIC Printed Name: NOTARY PUBLIC in and for the State of Washington Z 'L Ci , A Residing at: 4.0. My commission expires: .1 t/ STATE OF WASHINGTON ) ) ss: COUNTY OF ICING ) 76- 2005, before me personally appeared this � � day of �,l.�� � P Y PP eared Steve Mullet, known to me to be t e Ma r of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the ., T..4...ilo Cin,7nn _ nevclnnrnent Aereemcnt - FINAL.DOC P ' ted Name: VJt91)E S CYMIT4 N STARY PUBLIC in . and for the State of Washington Residing at: LL My commission expires: L3/ Z9,/ ' Page 8of8 DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial Properties ( "PCP ") and the CITY t OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City"), is entered into pursuant to the authority of RCW 36.708.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. H. RECITALS A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase property located in the City of Tukwila, King County, Washington, more particularly described as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2 acres. B. PCP intends to close on the above - referenced sale on or before August 1, 2005. C. PCP desires to develop this property for a mixed -use residential project to be constructed within the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station," will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005. D. This property is zoned Tukwila Urban Center District. Under current land use regulations, residential mixed use is only allowed within 500 feet of a water. amenity. This regulation will need to be changed to effectuate desirable development of this property, as described herein. E. Land uses within the TUC were adopted prior to the presence of the Commuter Rail/Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail/Amtrak Station is a transportation amenity. F. PCP has already begun the site development process by submitting to the City an environmental checklist, application for design review, and application for a conditional use permit, and desires to develop this property in 2005. G. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative Page 1 of 1 65. would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by PCP. H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. I. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36,000 square feet are subject to this Agreement. J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. K. To provide certainty and efficiency to PCP and the City with respect to the development of this property, to encourage mixed -use residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows: 1.0 Effective Date and Term. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than August 1, 2005; provided, however, that the Mayor in his sole discretion may extend this deadline to September 1, 2005, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.0 Terms. 2.1 The Mayor agrees to recommend amendments to the zoning code, which would allow mixed -use development within the TUC. If such zoning code amendments are not approved by the City Council, this Agreement shall immediately terminate. If such amendments are approved by the City Council, this Agreement shall remain in effect. 2.2 PCP shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described inaExlutiit `- ( ,P„CPEPortionii)iattae ed hereto. Page 2 of 2 C G: \City Attorney \DCD \CONTRACTS \TukwilaStation final 3.31.05.DOC 2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion of its property adjacent to the proposed Tukwila Station site, more fully described in;E`xhibittAji c (lTukwila 1257- ions =) attached hereto. 2.4 PCP will retain a temporary easement for parking purposes on the PCP Portion, in a form substantially similar to the attacheddExhibit "C " `PCPEa In utilizing the PCP Easement, PCP agrees to the following Indemnity and Insurance provisions. 2.4.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.4.2. Insurance. 2.4.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the PCP Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the PCP Easement. 2.4.2(ii). Certificates of coverage as required by Paragraph 2.4.2(i) above shall be delivered to Tukwila prior to PCP's use of the PCP Easement. 2.5 Upon commencement of the Strander Project and any associated relocation of the UPRR right -of -way, the PCP Easement identified in paragraph 2.4 shall terminate and be extinguished, provided that the City has first acquired and conveyed to PCP that portion of the existing UPRR right -of -way ( "Union Pacific Site ") more fully described in_ Exhibitm "D " attached hereto. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the UPRR right -of -way. 2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union Pacific Site. The City shall exercise its best efforts to provide 180 days advance written notice to PCP of any obligation to relocate the parking initially authorized by the PCP Easement. Page 3 of 3 2.7 The development is subject to the obligation of each Party to convey clear title to affected parcels. 2.8 The City shall designate in its sole discretion, and on any reasonable colidi'tion portion of its property, describeddinl+Ex ihih bit ' Ettached hereto, for PCP's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging PGP agrees to the folloing Indemnity and Insurance provisions. 2.8.1. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.8.2. Insurance. 2.8.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the Staging Area. 2.8.2(ii). Certificates of coverage as required by Paragraph 2.8.2(i) above shall be delivered to Tukwila prior to PCP's use of the Staging Area. 2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of PCP's use of the Staging Area. The City shall thereafter maintain the restored Staging Area site. ha11 extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.11 Best efforts will be used to retain the train trestle currently located at Longacres Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability to utilize this trestle will require the approval of the Public Works Department. 2.12 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. • Page of 4 G: \City Attorney\DCD \CONTRACTS \TukwilaStation final 3.31. 05. DOC r 2.13 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.14 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.15 PCP's development shall be consistent with approval standards set forth by the City's Board of Architectural Review. 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement. without the written consent of the other Party, which consent shall not unreasonably be withheld. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. the Parties. 3.4 Termination. This Agreement may only be terminated upon mutual agreement of 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Party from any such willful and material breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the Page 5 of 5 fl .\ !.'.__ A . . _ - _ _ f im/.T \ A P+Tff1 T.. 1- _.'1_f.._.'_ _ _ . w ... .._ w.�.. 6 9 aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Exhibit "C" will become a permanent easement. 3.102. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts, and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of seven (7) pages, one (I) notary acknowledgement pages, and five (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of Pacific Commercial Properties and the City of Tukwila. 3.12 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Page 6 of G: \City Attorney lDCD1CONTRACTS1TukwilaStation final 3.31. 05.DOC ti 3.13 Recording. PCP shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, PCP represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. PACIFIC COMMERCIAL PROPERTIES CITY OF TUKWILA By: B Its: President Steve Mullet, Mayor Approved as to Form; Shelley Kerslake, City Attorney Page 7 of 7 n.tn:... ♦ AA- __. A nnntnrt*lmn A nvrc\T..L...:1_n._.e - s . - ^ . ^- 7l. STATE OF WASHINGTON ) COUNTY OF KING On this day of 2005, before me personally appeared , the , of Pacific Commercial Properties, a corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) COUNTY OF KING ) ) ss: ) ss: On this day of 2005, before me personally appeared , known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Page 8 of 8 G: \City Attorney\DCD \CONTRACTS \TukwilaStation final 3.31.05.DOC Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: • Aleetinq Date Prep r by A•layors reuien' Council review 3.28.05 S ,,�i•► 4 4/4/05 MTG. DATE ,t?.., r L• Staff memo to CC RE: L -05 -005: Zoning code changes to amend the TUC zoning district to allow residential mixed -use development near the Commuter Rail/Amtrak Station. 3.28.05 ,h 3 -28 -05 Minutes from CAP Meeting on February 15, 2005 3 -28 -05 Minutes from Planning Comission Public Hearing on January 27, 2005 3 -28 -05 Go UNCIL AGENDA SYNOPSIS Initial, CAS NUMBER: 0 5_ o *3 AGENDA ITEM TrrLE CATEGORY ❑ Discitrston Mtg Date : SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs X DCD ❑ Finance ❑ Fire ❑ Legal ❑ P &R ❑ Policy SPONSOR'S SUMMARY REVIEWED BY Zoning code amendment adding high density residential mixed -use transit - oriented d vicinity of Sounder /Amtrak Station. CI Motion 41 Date C9 COW Mtg. ❑ Utilities Cmte DATE: 02.28.05 p ,evolution 1'1's Date XCA &P Cmte ❑ Arts Comm. Ordinance AftgDate 4/4/0E ORIGIN: \L AG ENDA DATE: 3/28/05 ❑ F &S Cmte ❑ Parks Comm. ❑ Bid Award Aftg Date X Public Hearing Mtg Date 3/28/05 ❑ Transportation X Planning Comm ITEM INFORMATION COMMrITEE Recommend approval of amendment 7 h. RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of amendment ITEM No. evelopment in ❑ Other Mtg Date ❑ PW/ This amendment allows high density residential mixed -use transit- oriented development in the vicinity of Sounder /Amtrak Station in the TUC Zone. It also adds a new residential TOD parking standard. Crate (COW Meeting MInutes from 2/28/05 will be available at Monday's mtg -- excerpt on 4/4/05 Memo from S. Lancaster dated 3/31/05 and ordinance. COST IMPACT / FUND SOURCE EXP ENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED 0 0 $0 Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 12.04 City Council is briefed and forwards to Planning Comission 3/28/05 COW discussion MTG. DATE ATTACHMENTS 3.28.05 Staff memo to CC RE: L -05 -005: Zoning code changes to amend the TUC zoning district to allow residential mixed -use development near the Commuter Rail/Amtrak Station. 3.28.05 Draft Ordinance 3 -28 -05 Minutes from CAP Meeting on February 15, 2005 3 -28 -05 Minutes from Planning Comission Public Hearing on January 27, 2005 3 -28 -05 Planning Commission packet dated January 27, 2005 Community Affairs & Parks Cmte Mtg MInutes dated 2/15/05 Go UNCIL AGENDA SYNOPSIS Initial, CAS NUMBER: 0 5_ o *3 AGENDA ITEM TrrLE CATEGORY ❑ Discitrston Mtg Date : SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs X DCD ❑ Finance ❑ Fire ❑ Legal ❑ P &R ❑ Policy SPONSOR'S SUMMARY REVIEWED BY Zoning code amendment adding high density residential mixed -use transit - oriented d vicinity of Sounder /Amtrak Station. CI Motion 41 Date C9 COW Mtg. ❑ Utilities Cmte DATE: 02.28.05 p ,evolution 1'1's Date XCA &P Cmte ❑ Arts Comm. Ordinance AftgDate 4/4/0E ORIGIN: \L AG ENDA DATE: 3/28/05 ❑ F &S Cmte ❑ Parks Comm. ❑ Bid Award Aftg Date X Public Hearing Mtg Date 3/28/05 ❑ Transportation X Planning Comm ITEM INFORMATION COMMrITEE Recommend approval of amendment 7 h. RECOMMENDATIONS: SPONSOR /ADMIN. Recommend approval of amendment ITEM No. evelopment in ❑ Other Mtg Date ❑ PW/ This amendment allows high density residential mixed -use transit- oriented development in the vicinity of Sounder /Amtrak Station in the TUC Zone. It also adds a new residential TOD parking standard. Crate (COW Meeting MInutes from 2/28/05 will be available at Monday's mtg -- excerpt on 4/4/05 Memo from S. Lancaster dated 3/31/05 and ordinance. c To: From: Date: Cgs tof Tukwila Department of Community Development Steve Lancaster, Director Tukwila City Council Steve Lancaster, DCD Director March 31, 2005 Subject: L05 -005: Zoning code changes to amend the TUC zoning district to allow residential mixed -use development near the Commuter Rail / Amtrak Station. The amendment discussed at the March 28 public hearing adds language to the TUC District section of the Tukwila Zoning Code that would allow mixed -use TOD residential development within a' /4 mile distance from the Rail station property. The amendment would also establish a new parking standard for this type of residential Transit - oriented Development. This change is supported by current comprehensive plan policies. At the hearing, the Tukwila City Council commented that a definition is needed to clarify the term "Transit- Oriented Development Housing ". The addition of such a definition is now included in the amendment package. Steven M Mullet, Mayor �5. Ci ty 7....3..,. I•...ie A.nonrl in T11c 4/1/05 1908 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DEFINING TRANSIT- ORIENTED DEVELOPMENT HOUSING; ADOPTING REVISED REGULATIONS GOVERNING MULTI- FAMILY HOUSING IN THE TUKWILA URBAN CENTER IN ORDER TO ALLOW TRANSIT- ORIENTED DEVELOPMENT IN PROXIMITY TO THE SOUNDER COMMUTER RAI1/AMTRAK STATION; REPEALING ORDINANCE NOS. 1758 §1 (PART); 1814 §2; 1830 §20, 21, 22; 1865 §34 AND 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 AND 51; 1986 §9; 1989 §7; 1991 §4; 2005 §9 AND 2021 §4, AS CODIFIED IN TMC CHAPTER 18.28; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to define Transit - Oriented Development (TOD) Housing in the Zoning Code; and WHEREAS, the City Council desires to allow TOD housing within the Tukwila Urban Center (TUC) District, subj i to ertain requirements, procedures and conditions; and WHEREAS, the • • i. • esires to amend the basic development standards in the TUC to include TO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Transit-Oriented Development Housing Defined. A new definition is hereby added to Tukwila Municipal Code Chapter 18.06, "Definitions," to read as follows: 18.06.843 Transit- Oriented Development (TOD) Housing "Transit- Oriented Development (TOD) Housing" means a multiple - unit housing or mixed -use project including multiple -unit housing that is located near transit services and thus encourages people to decrease their dependence on driving. Section 2. Regulations Amended. To amend regulations governing multi- family housing in the Tukwila Urban Center in order to allow transit - oriented development in proximity to the Sounder Commuter Rail /Amtrak Station, TMC Chapter 18.28 is hereby amended to read as follows: CHAPTER 18.28 TUKWILA. URBAN CENTER (TUC) DISTRICT Sections: 18.28.010 Purpose 18.28.020 Permitted Uses 18.28.030 Accessory Uses 18.28.040 Conditional Uses 18.28.050 Unclassified Uses 18.28.060 On -Site Hazardous Substances 18.28.070 Design Review 18.28.080 Basic Development Standards Page ] of 7 18.28.010 Purpose This district implements the TUC Comprehensive Plan designation. It is intended to provide an area of high- intensity regional uses that include commercial services, offices, light industry, warehousing and retail uses. Development is intended to be pedestrian friendly, with a strong emphasis on a safe and attractive streetscape. 18.28.020 Permitted Uses The following uses are permitted outright within the TUC 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 nor 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 poolrooms. 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. 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. Zoning Code Amend in TUC 3/31(05 Page 2 of 7 7 7, 24. Industries involved with etching, film processing, lithography, printing, and publishing. 25. Internet data /telecommunication centers 26. Laundries; a. self - serve; b. dry cleaning; c. tailor, dyeing. 27. Libraries, museums or art galleries (public). 28. 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). 29. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs. 30. 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. 31. 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. 32. Medical and dental laboratories. 33. Mortician and funeral homes. 34. Motels. 35. 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. 36. Outpatient, inpatient, and emergency medical and dental. 37. Parks, trails, picnic areas and playgrounds_(public) but not including amusement parks, golf courses, or commercial recreation. 38. Pawnbrokers 39. Planned shopping center (mall). 40. Plumbing shops (no tin work or outside storage). 41. Railroad tracks (including lead, spur, loading or storage). 42. Recreation facilities (commercial - indoor) athletic or health clubs. 43. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 44. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini -vans, recreational vehicles, cargo vans and certain trucks). 45. Restaurants, including: a. drive - through; b. sit down; c. cocktail lounges in conjunction with a restaurant. Zoning Code Amend in TUC 3/31/05 Page 3 of 7 46. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber /building materials, lawn and garden supplies, farm supplies. 47. 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. 48. Schools and studios for education or self improvement. 49. Self- storage facilities. 50. 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. 51. Studios - art, photography, music, voice and dance. 52. Taverns, nightclubs. 53. Telephone exchanges. 54. Theaters, excluding "adult entertainment establishments ", as defined by this Code. 55. Warehouse storage and/or wholesale distribution facilities. 56. 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. 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 TUC 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 18.50.060. 3. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, 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. 18.28.040 Conditional Uses The following uses may be allowed within the TUC district, subject to the require- ments, 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 and community center buildings. 5. Colleges and universities. 6. Convalescent and nursing homes for more than 12 patients. Zoning Code Amend in TUC 4/1/05 Page 4 of 7 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. 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. 9. Drive -in theaters. 10. Electrical substations - distribution. 11. Fire and police stations. 12. Hospitals, sanitariums, or similar institutions. 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. Radios, television, microwave, cellular 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 high schools, and equivalent private schools. 18.28.050 Unclassified Uses The following uses may be allowed within the TUC district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, "Unclassified Use Permits." 1. Airports, landing fields and heliports (except emergency sites). 2. Conversions of rental multi- family structures to condominiums or owner- occupied multi- family housing, but excluding the construction of new condominium or owner - occupied multi- family housing. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Hydroelectric and private utility power generating plants. 5. Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions. 6. Mass transit facilities. 18.28.060 On -Site Hazardous Substances No on -site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On -site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). 18.28.070 Design Review Design review is required for all commercial structures larger than 1,500 square feet, and for all structures containing multi- family development. Commercial structures between 1,500 and 2,500 square feet and multi- family structures up to 1,500 square feet will be reviewed administratively. Design review is also required for certain exterior repairs, reconstructions, alterations or improvements to buildings over 10,000 square feet. Zoning Code Amend in TUC 411/05 Page 5 of 7 Lot area per unit (multi- family, except senior citizen and TOD), minimum 2,000 sq. ft. Setbacks to yards, minimum: • Front 15 feet • Second front 15 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st floor 10 feet ' - 2nd floor 20 feet - 3rd floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR -1st floor 10 feet - 2nd floor 20 feet - 3rd floor 30 feet Height, maximum 115 feet Landscape requirements, minimum See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front 15 feet; 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. • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear None • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR -. 10 feet Recreation space 200 sq. ft. per dwelling unit, 1,000 sq. ft. min. Recreation space, senior citizen housing 100 sq. ft. per dwelling unit Off Street Parking 18.28.080 Basic Development Standards Development within the TUC district shall conform to the following listed and referenced standards: TUC BASIC DEVELOPMENT STANDARDS: • Office • Retail • Manufacturing • Warehousing • Other uses, incl. senior citizen housing 3 per 1,000 sq. ft. usable floor area minimum 4 per 1,000 sq. ft. usable floor area minimum 1 per 1,000 sq. ft. usable floor area minimum 1 per 2,000 sq. ft. usable floor area minimum See TMC Chapter 18.56, Off -street Parking /Loading Regulations • Residential (except senior citizen See TMC Chapter 18.56, Off stree housing) Parking /Loading Regulations Zoning Code Amend in TUC 3/31/05 Page 6 of 7 • TOD housing 1 per one bedroom unit 2 per unit with two plus bedrooms 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 3. Repealer. Ordinance Nos. 1758 §1 (part); 1814 §2; 1830 §20, 21, 22; 1865 §34 and 35; 1872 §7; 1971 §12; 1974 §5; 1976 §49, 50 and 51; 1986 §9; 1989 §7; 1991 §4; 2005 §9 and 2021 §4, as codified in TMC Chapter 18.28, are hereby repealed. Section 4. Oeverability. 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 5. 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 five days after passage and publication as provided by law. PASSED BY THE QTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2005. ATTEST /AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Zoning Code Amend in TUC 3/31/05 Page 7 of 7 Steven M. Mullet, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: illeetinq Date Prepa ed by tllayor's review Carom / review March 28, 2005 S S , -- nn ✓k-'. ,/�- } �L RECOMMENDATIONS: COMMITTEE Go UNCIL A GENDA SYN.PSIS Initials ITEM I ORMATION ITEM No. 7,c .r CAS NUMBER: 0 � •-- ©t} U. AGENDA ITEM TITLE CATEGORY ❑ Discussion Mtg Date SPONSOR'S SUMMARY ORIG IN: \LAGIND.\ DA'L'E: 3 -28 -05 Adoption of a proposed amendment to the current TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed -use TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station. ❑ Motion Mtg Date ❑ Resolution Mrs Date X Ordinance Mtg Date 4 /4/05 ❑ Bid Award Mtg Date ©Public Hearing A1tg Date3 / 28/05 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Aim Svcs X DCD ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PlV Council must decide whether to amend the current ordinance to specifically exempt mixed -use residential TOD from the Longacres TOD moratorium REVIEWED BY ['COW Mtg. ICA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 2/15/05 ❑ Transportation Cmte ❑ Planning Comm. SPONSOR /ADMIN. Recommend adoption of the proposed ordinance amendment Community Affairs & Parks Cmte Mtg Minutes dated 2/15/05 (COW Meeting Minutes from 2/28/05 will be available at Monday's mtg -- excerpt onl 4/4/05 Memo from S. Lancaster dated 3/31/0E and ordinance. ICOST IMPACT / FUND SOURCE' EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $None $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 3/28/05 Discussed at COW; forwarded tp 4/4/05 Reg. Mtg. for formal action. MTG. DATE ATTACHMENTS 3.28.05 Memo to TCC RE: Adoption of amendment to TOD moratorium ordinance. 3.28.05 Proposed ordinance amending Ordinance No. 1996 RECOMMENDATIONS: COMMITTEE Go UNCIL A GENDA SYN.PSIS Initials ITEM I ORMATION ITEM No. 7,c .r CAS NUMBER: 0 � •-- ©t} U. AGENDA ITEM TITLE CATEGORY ❑ Discussion Mtg Date SPONSOR'S SUMMARY ORIG IN: \LAGIND.\ DA'L'E: 3 -28 -05 Adoption of a proposed amendment to the current TOD moratorium ordinance. The amendment would provide a moratorium exemption for residential mixed -use TOD within one quarter mile of the Sounder Commuter Rail /Amtrak Station. ❑ Motion Mtg Date ❑ Resolution Mrs Date X Ordinance Mtg Date 4 /4/05 ❑ Bid Award Mtg Date ©Public Hearing A1tg Date3 / 28/05 ❑ Other Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ Aim Svcs X DCD ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PlV Council must decide whether to amend the current ordinance to specifically exempt mixed -use residential TOD from the Longacres TOD moratorium REVIEWED BY ['COW Mtg. ICA &P Cmte ❑ F &S Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. DATE: 2/15/05 ❑ Transportation Cmte ❑ Planning Comm. SPONSOR /ADMIN. Recommend adoption of the proposed ordinance amendment Community Affairs & Parks Cmte Mtg Minutes dated 2/15/05 (COW Meeting Minutes from 2/28/05 will be available at Monday's mtg -- excerpt onl 4/4/05 Memo from S. Lancaster dated 3/31/0E and ordinance. City of Tukwila Department of Community Development Steve Lancaster, Director To: Tukwila City Council From: Steve Lancaster, DCD Directo Date: March 31, 2005 Subject: Amendment to add moratorium exemption for residential mixed -use Transit - Oriented Development within one - quarter mile of the Commuter Rail / Amtrak Station The proposed amendment will leave the moratorium in place, but better define what type of development is allowed under the moratorium. Based upon City Council comments, staff has updated the whereas clauses regarding the moratorium history and clarified the exemption. Steven M. Mullet, Mayor g5 ity E Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1996, AS RENEWED BY ORDINANCE NOS. 2014, 2025, 2037, 2054 AND 2081, ADDING AN EXEMPTION PROVISION TO THE SIX -MONTH MORATORIUM ON ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE AREA DESIGNATED FOR TRANSIT- ORIENTED DEVELOPMENT AROUND THE TEMPORARY COMMUTER RAIL/AMTRAK STATION AT LONGACRES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City recognized the unique opportunity to promote a more compact, mixed use, pedestrian supportive pattern of development that makes effective use of its proximity and accessibility to the Sounder commuter rail and Amtrak station in Tukwila, and includes a mix of retail, service, office and residential uses; and WHEREAS, a more intensive pattern of transit-oriented development (TOD) would assist the City with the redevelopment of the Tukwila Urban Center (TUC), one of thirteen designated urban centers within King County, and provide workers with commercial, public and recreational services close to where they live or work; and WHEREAS, a more intensive pattern of TOD.would benefit the region by assisting in achieving Growth Management Act requirements and increasing local and regional transit ridership; and WHEREAS, the City of Tukwila adopted Ordinance No. 1996 in September 2002, establishing a six -month moratorium on the acceptance of applications for certain land divisions, and development activities and land uses within the area designated for TOD around the temporary commuter rail /Amtrak Station at Longacres; and WHEREAS, the moratorium established by Ordinance No. 1996 was subsequently renewed by Ordinance No. 2014 in March 2003; Ordinance No. 2025 in August 2003; Ordinance No. 2037 in February 2004, Ordinance No. 2054 in July 2004; and Ordinance No. 2081 in January 2005; and WHEREAS, the City desires to provide for an exemption to the moratorium for residential mixed -use TOD projects within one - quarter mile of the Sounder Commuter Rail /Amtrak Station property; and WHEREAS, this exemption is intended to allow the City to seize the opportunity presented by a proposed mixed -use residential project in the TOD area of the TUC, said "pilot" project constituting a significant first step toward achieving our land use and transportation goals for the TOD area and the TUC Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1996 Amended. Ordinance No. 1996, as renewed by Ordinance Nos. 2014, 2025, 2037, 2054 and 2081, is hereby amended by the addition of a new Section. All other provisions of these moratorium ordinances shall remain in full force and effect as adopted. The new Section shall read as follow: 87 Serlion A F•rempfinn Residential mixed -use transit - oriented development projects within one - quarter mile of the Sounder Commuter Rail /Amtrak Station property are specifically exempted from this moratorium except for property located within 100 feet of the Burlington Northern Railroad right of way. Property located within 100 feet of the Burlington Northern Railroad right -of- way continues to be subject to the moratorium unless said property is to be developed under an approved development agreement with the City of Tukwila. Section 2. 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 3. 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 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 , 2005. ATTEST/ AUTHENTICATED: Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Moratorium Exemption 3/31/05 Page 2 of 2 Steven M. Mullet, Mayor Piled with the City Clerk. Passed by the City Council- Published. Effective Date. Ordinance Number Meeting Date Prepared by Mayor's review Cortnci! review 04/04/05 KAF ❑ Resolution Mtg Date r5 L, ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date .1 Motion Mtg Date 04/04/05 SPONSOR ❑ Coundl ❑ Mayor ❑ Adm Svcs @ DCD .1 Finance ❑ Fire ❑ Legal ❑ P &R ❑ Police ❑ PIV SPONSOR'S Attached for Council consideration is a property exchange agreement between the City SUMMARY and Pacific Commercial Properties (PCP). The agreement was prepared by City Attorney Kerslake. The property exchange proposal was reviewed with the Community Affairs & Parks Committee on February 15, 2005, the Lodging Tax Advisory Committee on March 3, 2005, and the Committee of the Whole on March 28, 2005 REVIEWED BY 1 COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: March 28, 2005 RECOMMENDATIONS: SPONSOR COMMITTEE /ADMIN. Authorize the Mayor to sign the Property Exchange Agreement COST IMPACT 'FUND SOURCE; CAS NUMBER: O 5 0 5 q ORIGINAL AGENDA DATE: APRIL 4, 2005 AGENDA ITEM TITLE Tukwila Station Property Exchange Agreement CATEGORY ❑ Discussion , Mtg Date , ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date .1 Motion Mtg Date 04/04/05 SPONSOR ❑ Coundl ❑ Mayor ❑ Adm Svcs @ DCD .1 Finance ❑ Fire ❑ Legal ❑ P &R ❑ Police ❑ PIV SPONSOR'S Attached for Council consideration is a property exchange agreement between the City SUMMARY and Pacific Commercial Properties (PCP). The agreement was prepared by City Attorney Kerslake. The property exchange proposal was reviewed with the Community Affairs & Parks Committee on February 15, 2005, the Lodging Tax Advisory Committee on March 3, 2005, and the Committee of the Whole on March 28, 2005 REVIEWED BY 1 COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: March 28, 2005 RECOMMENDATIONS: SPONSOR COMMITTEE /ADMIN. Authorize the Mayor to sign the Property Exchange Agreement COST IMPACT 'FUND SOURCE; EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: . MTG* DATE ='. ,,. :; ''. RECORD;OI=. `COUNCIL A CTIO N MT ATE . ATTACHMENTS J� d 5 Property Exchange Agreement 9 COUNCIL AG_ENDA SYNOPSIS Initials ITEM INFORMATION ITEM No. PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this day of , 2005, by and between the City of Tukwila, a municipal corporation ( "City" or "the City"), and Pacific Commercial Properties ( "PCP "). RECITALS A. The City is the owner` of certain real property commonly known as Tax Parcel No. 2423049034 in the City of Tukwila, King County, Washington, legally described in Exhibit A attached hereto and incorporated herein by this reference ( "City Property"). B. PCP is the owner of certain real property commonly known as Tax Parcel Nos. 2423049137 and 0005800013, in the City of Tukwila, King County, Washington, legally described in Exhibit B attached hereto and incorporated herein by this reference ( "PCP Property"). C. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This property would be owned by PCP. Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. Therefore, the Parties wish to exchange property at the present time and further agree to deed other certain property at the time the Strander Project is built. AGREEMENT The Parties hereto agree as follows: 1. Recitals Incorporated. The above recitals are incorporated herein as part of the substantive terms of this Agreement. 2. Property Exchange and Consideration. PCP, or its designated assigns pursuant to Section 20 of this Agreement, agrees to convey the PCP Property, legally described in Exhibit `B ", to the City by Statutory Warranty Deed upon Closing, as set forth in Section 9 of this Agreement. As just compensation for the PCP Property, the City agrees to convey the City Property, legally described in Exhibit "A ", to PCP by Statutory Warranty Deed at Closing. n•\r:.., AMn ...avVlrrArnUTAArTS\Tu4..d1g9 _ C.., nnr Page 1 of 9 °I 1 . 3. Tax Consequences. Neither party makes any representations or warranties, express or implied, regarding the actual tax consequences of the property exchange. 4. Condition of Title — City Property. (a) City Property Title Commitment. The City shall, as soon as practicable, cause to be furnished to PCP a commitment for an owner's standard coverage policy of title insurance ( "City Property Title Commitment ") issued through a title company mutually approved by PCP and the City ( "Title Company"), describing the City Property, listing PCP as the prospective named insured, and showing six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. (b) Review of City Property Title Commitment. PCP shall have until ten (10) days after receipt of the City Property Title Commitment in which to notify City of any objections PCP has to any matters shown or referred to in the City Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the City Property Title Commitment to which PCP does not object within the 10 -day review period shall be deemed to be permitted exceptions ( "PCP Permitted Exceptions "). Building, zoning, subdivision or use restrictions applicable to the City Property shall be considered PCP Permitted Exceptions. With regard to items to which PCP objects, the following shall apply: (i) City shall have ten (10) days from receipt of PCP's objections to notify PCP whether it agrees to remove the unpermitted exceptions set forth in PCP's obj ections; (ii) If City does not agree to remove such unpermitted exceptions, PCP may, within ten (10) days, waive and withdraw its objections; and (iii) If the City agrees to remove such objections, the City shall use all reasonable efforts to cure such objections by the date of Closing. If the City is unable to cure such objections by the date of Closing, PCP may, as PCP's sole remedy, waive the objections not cured and proceed to Closing or terminate this Agreement by notice to the City. 5. Condition of Title - PCP Property. (a) PCP Property Title Commitment. PCP shall, as soon as practicable, cause to be furnished to City a commitment for an owner's standard coverage policy of title insurance ( "PCP Property Title Commitment ") issued through the Title Company, describing the PCP Property, listing City as the prospective named insured, and showing Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. G: \City Attorney\DCD \CONTRACTS'Takwila - fix.DOC Page 2 of 9 (b) Review of PCP Property Title Commitment. City shall have until ten (10) days after receipt of the PCP Property Title Commitment in which to notify PCP of any objections City has to any matters shown or referred to in the PCP Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the PCP Property Title Commitment to which City does not object within the 10 -day review period shall be deemed to be permitted exceptions ( "City Permitted Exceptions "). Building, zoning, subdivision or use restrictions applicable to the PCP Property shall be considered City Permitted Exceptions. (i) PCP shall have ten (10) days from receipt of City's objections to notify the City whether it agrees to remove the unpermitted exceptions set forth in the City's objections; (ii) If PCP does not agree to remove such unpermitted exceptions, the City may, within ten (10) days, waive and withdraw its objections; and (iii) If PCP agrees to remove such objections, PCP shall use all reasonable efforts to cure such objections by the date of Closing. If PCP is unable to cure such objections by the date of Closing, City may, as City's sole remedy, waive the objections not cured and proceed to Closing or terminate this Agreement by notice to PCP. 6. Conditions Precedent. The Parties' obligations under this Agreement and the effectiveness of this Agreement shall be subject to the following conditions precedent: (a) Inspection Contingency. This Agreement is conditioned on an inspection report of the City Property. Within twenty (20) days of the mutual acceptance of this Agreement, PCP shall arrange an inspection of the City Property. The inspection report shall be prepared by a professional inspector of PCP's choice approved by the City and at PCP's expense. PCP may disapprove the inspection report on the basis of any condition identified in the inspection report that the inspector recommends be corrected. This contingency shall conclusively be deemed satisfied unless, by June 30, 2005, City receives from PCP written notice of disapproval identifying the condition(s) contained in the inspection report to which PCP objects and a copy of the inspection report. If City does not agree in writing to correct the condition(s) identified by PCP, then within three days thereafter, PCP may elect to terminate this Agreement, in which event this Agreement shall be null and void and of no further force and effect. City hereby grants to PCP and its agents, employees, and independent contractors right of entry onto the City Property to make such soil tests and such other investigation as PCP may deem reasonably necessary; provided, however, that such investigation shall not cause any damage to the City Property. PCP shall hold City harmless from and against any and all liabilities incurred by PCP by reason of damage to persons or property arising from the negligent or intentional acts or omissions of PCP or its agents on the City Property. Furthermore, PCP shall not permit any lien to be placed on the City Property by any person hired by PCP for the purpose of examining, Page 3 of 9 9 3 inspecting, or surveying the City Property. If any such lien or other charge of any kind is placed on the City Property, PCP shall promptly discharge it by paying the amount claimed or posting a bond in lieu of the lien. (b) This Agreement is contingent upon the Parties entering into a Development Agreement, attached as Exhibit "C ". 7. Disclosure. (a) City Property Disclosure. PCP acknowledges that, except as expressly set forth in this Agreement, neither City nor any agent or representative or purported agent or representative of City has made; and City is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or information pertaining to the City Property or any part thereof, the physical condition, title, size, zoning, thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, PCP acknowledges and agrees that City is not liable for or bound by (and PCP has not relied upon) any oral or written statements, representations, or any other information respecting to the City Property or any portion thereof furnished by City or any other broker, employee, agent, consultant, or other person representing or purportedly representing City. (b) PCP Property Disclosure. City acknowledges that, except as expressly set forth in this Agreement, neither PCP nor any agent or representative or purported agent or representative of PCP has made, and PCP is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or information pertaining to the PCP Property or any part thereof, the physical condition, title, size, zoning thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, City acknowledges and agrees that PCP is not liable for or bound by (and City has not relied upon) any oral or written statements, representations, or any other information respecting the PCP Property or any portion thereof furnished by PCP or any other broker, employee, agent, consultant or other person representing or purportedly representing PCP. 8. Hazardous Materials. (a) PCP Property Hazardous Materials. PCP hereby represents and warrants to City that the PCP Property is not and has not been, during the period of PCP's ownership of the PCP Property, used for the storage or disposal of any toxic or hazardous waste, material, or substance and that no known hazardous materials or substances exist on the PCP Property. PCP hereby agrees to indemnify and hold City harmless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by City arising out of or related to PCP's breach of this Section. G: \City Attorney \DCD \CONTRACTS \Tukwila2 - fix.DOC Page 4 of 9 PCP further agrees to submit copies of all materials currently in its possession regarding any testing of the PCP Property for hazardous materials to City. Additionally, PCP shall, at PCP's expense and by May 31, 2005, provide the City with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, PCP shall provide City with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that City may terminate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. (b) City Property Hazardous Materials. Except as referenced in any reports provided by City, City hereby represents and warrants to PCP that the City Property is not and has not been (during the period of City's ownership of the City Property) used for the storage or disposal of any toxic or hazardous waste, material, or substance, and no known hazardous materials or substances exist on the City Property. City hereby agrees to indemnify and hold PCP harmless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by PCP arising out of or related to City's breach of this Section. City further agrees to submit copies of all materials currently in its possession regarding any testing of the City Property for hazardous materials. Such materials shall be supplied to PCP prior to signing this Agreement. City shall, at City's expense and by May 31, 2005, provide PCP with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, City shall provide PCP with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that PCP may terminate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. 9. Closing. (a) Time and Place for Closing. Within thirty-five (35) days after the date that all of the conditions precedent set forth in Sections 5, 6 and 7 above have been satisfied (or such other date as the Parties may agree), the closing ( "Closing ") shall take place. (b) Events at Closing. (i) At Closing, City shall deliver to PCP the following: (A) A Statutory Warranty Deed duly executed and acknowledged by City conveying the City Property to PCP; Page 5 of 9 c\5, (B) A standard coverage policy of Title Insurance issued by the Title Company conforming to the requirements of Section 5 above insuring PCP's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the PCP Permitted Exceptions; and (C) A Non - Foreign Affidavit duly executed and acknowledged by City. (ii) At Closing, RCP shall deliver to City the following: (A) A Statutory Warranty Deed duly executed and acknowledged by PCP conveying the PCP Property to City; (B) A standard coverage policy of Title Insurance issued by the Title Company conforming to the requirements of Section 5 above insuring City's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the City Permitted Exceptions; and (C) A Non - Foreign Affidavit duly executed and acknowledged by PCP. (c) Expenses. The expenses associated with the above transactions shall be allocated among the Parties as follows: (i) Escrow Fees. The City and PCP shall share all escrow fees charged by the Title Company equally. (ii) Attorneys' Fees. Subject to Section 11 below, each party shall pay its own attorneys' fees. (iii) Costs. Each party shall pay its own transaction costs associated with this Agreement. (d) Prorations. Real estate taxes, installments of current year special assessments (if and to the extent they are approved exceptions), utility charges, and other operating income or expenses applicable to the City Property and the PCP Property shall be prorated up to and including the date of Closing, based upon the actual days involved. To the extent that the amounts of such charges, expenses, and income referred to in this Section are unavailable at the Closing date or in the event of proration made on the basis of erroneous information or clerical errors, a readjustment of these items shall be made within thirty (30) days after Closing or as soon as practical after discovery of any G: \City Attomey \DCD \CONTRACTS \Tukwila - ftx.DOC Page 6 of 9 erroneous information or clerical error. After Closing, City shall be responsible for all expenses related to the PCP Property and PCP shall be responsible for all expenses related to the City Property. City and PCP shall, on or before Closing, furnish each other and the Title Company with all information necessary to compute the prorations provided for in this Section. 10. Default. Any party hereto shall be in default hereunder if such party shall fail to comply with any term, covenant, agreement, or obligation on its part required, within the time limits and in the manner required in this Agreement. In the event of a default hereunder, the non - defaulting party or parties shall be entitled to pursue all remedies available at law or in equity, including, but not limited to, specific performance. . 11. Attorneys' Fees. If it shall be necessary for any party hereto to employ an attorney to enforce its rights pursuant to this Agreement because of the default of another party, the non - defaulting party shall be entitled to recover from the defaulting party or parties all costs, including reasonable attorneys' fees, incurred in connection with such default. 12. Brokerage Commission. Each party hereto represents and warrants that it has not dealt with or engaged any real estate broker in connection with the above transactions. Each party agrees to indemnify, defend, and hold harmless the other party from and against any claims or liability attributable to such party's breach of the foregoing representation and warranty. 13. Notices. All notices, demands, requests, and other communications required . or permitted hereunder shall be in writing and shall be deemed delivered on the earlier of (i) three days after posting of registered or certified mail, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section, or (ii) actual receipt by the addressee, as follows: TO CITY: City of Tukwila Attn: City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 With a copy to: Ms. Shelley Kerslake, Esq. Kenyon Disend, PLLC 11 Front St. So. Issaquah, WA 98027 �i._.... A ••...........drsnrvrni.tTD a _ a., nnr Page 7 of 9 TO PCP: Ken Kester P.O. Box 53405 Bellevue, WA 98015 14. Governing Law; Venue. The laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of action under this Agreement shall be resolved in King County Superior Court, State of Washington. 15. Mutual Agreement. Both Parties agree that this Agreement has been mutually negotiated and drafted with the advice of legal counsel and that in the event of a dispute arising out of this Agreement, neither party shall be construed as the drafting party. 16. Integration; Modification; Waiver. This Agreement constitutes the complete and final expression of the agreement of the Parties with respect to the herein described transactions, and supersedes all previous contracts, agreements, and understandings of the Parties, either oral or written. This Agreement cannot be modified, or any of the terms hereof waived, except by an instrument in writing (referring specifically to this Agreement) executed by the party against whom enforcement of the modification or waiver is sought. 17. Counterpart Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. 18. Invalid Provisions. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party hereto, and their respective heirs, personal representatives, successors, and assigns. 20. Assignment. No party may assign its rights hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. For purposes of this Agreement, a party's refusal to consent to a proposed assignment shall be deemed reasonable if such assignment would cause any of the above transactions not to qualify as exchanges pursuant to Section 1031 of the Internal Revenue Code, as amended. 21. Authority. City warrants that the City Council of the City has lawfully approved this Agreement and has authorized its Mayor to execute this Agreement and G: \City Attorney \DCD \CONTRACTS \Tukwila2 - fix.DOC Page 8 of 9 lawfully bind the City to its terms. PCP warrants that its shareholders, executive officers, and directors are fully authorized to enter into this Agreement and lawfully bind PCP to its terms. CITY OF TUKWILA By: Steven M. Mullet, Mayor Approved as to Form: By: Shelley M. Kerslake, City Attorney PACIFIC COMMERCIAL PROPERTIES By: Its: rmt-q.. A....... e. .Ul(`mPryl TD !`TC nor' Page 9 of 9 91, MICHAEL R. ICENYON BRUCE L. DISEND SANDRA S. MEADOWCROFr SHELLEY M. KERSLAKE STEPHEN R. KING HEIDI L. BROSIUS 'ID: Tukwila City Councilmembers CC: FROM: • DATE: RE: KENYON DISEND, PLLC Shelley Kerslake, City Attorney March 31, 2005 Tukwila Station Agreements THE MUNICIPAL LAW FIRM II FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 -3820 (425) 392 -7090 (206) 628 -9059 FAX (425) 392 -7071 CONFIDENTIAL INFORMATION PROTECTED BY TBE ATTORNEY - CLIENT PRIVILEGE Mayor Steven M. Mullet Rhonda Berry, City Administrator Jack Pace, Department of Community Development Deputy Director Kevin Fuhrer, Finance Director KERRI A. BERGLAND MINDY A. ROSmAMI LACEY L. MARrna PETER B. BECKWITH JOSEPH P. LOUGHLIN THOMAS T. GUILSOrL JULIE C. WALTER.S In the Council packet you will find final versions of the Tukwila Station Development and Property Exchange Agreements. Attached hereto for your convenience are "track change" versions Of the Agreements so that you can see the additions and deletions. If you have any questions or concerns, please do not hesitate to contact me prior to the Council Meeting on Monday, April 4, 2005. I can be reached at either 425- 392 -7090 or 206- 433- 1846. Thank you. F;WPPS\CM7URWILAUvlcmn\Tukwilu Simil).3EiV1lirV1 ASFILNtiIUN CITIES SINCE 1993 • Al 44-RAFT) DEVELOPMENT AGREEMENT BETWEEN PACIFIC COMMERCIAL PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between Pacific Commercial Properties ( "PCP ") and the CITY OF TUKWILA, a municipal corporation of the State of Washington ( "Tukwila" or "City "), is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase property located in the City of Tukwila, King County_ Washington, as -more particularly described asin Kin County Tax Parcel Nos. 2423049137 and 0005800013 attached hereto. This property is also known as Tukwila Station. equaling approximately 6.2 acres. B. PCP intends to close on the above - referenced sale on or before August 1, 2005. C. PCP desires to develop this property for a mixed -use residential project to be constructed within the Transit- Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). This development, commonly known as "Tukwila Station " will be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space. This development is more fully explained in the design schematics submitted to the City on March 16, 2005. D. This property is zoned Tukwila Urban Center District. Under current land use regulations, residential mixed use is only allowed within 500 feet of a water amenity. This regulation will need to be changed to effectuate desirable development of this property, as described herein. E. Land uses within the TUC District were adopted prior to the presence of the Commuter Rail /Amtrak Station. Tukwila is currently in the final stages of developing a new plan for the TUC that recognizes that the Commuter Rail /Amtrak Station is a transportation amenity. N • - .. • - .. ... C:\WINDowsvrEmP\Tukwilal.DOC Page 1 of 1 , -4 F. PCP has already begun the site development process by submitting to the City an environmental checklist. application for design review. and application for a conditional use permit, and desires to develop this property in 2005. G. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This portion of the property would be owned by PCP. H. To facilitate the relocation of the UPRR, Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. I. Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site, of which approximately 36.000 square feet are subject to this Agreement. J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit. K. To provide certainty and efficiency to PCP and the City with respect to the development of this property, to encourage mixed -use residential development of this property, and to ensure acquisition of property needed for the Strander Project for the City, the Parties wish to enter into this mutually beneficial Development Agreement. BASED ON THE FOREGOING, and because successful development of this site will be of long -term benefit to both Tukwila and PCP, Tukwila and PCP hereby agree as follows: —1.0 – Effective Date and Term. —2.0 – Terms. III. AGREEMENT 1.1 This Agreement shall become effective upon approval by the Tukwila City Council, execution by both Parties, and proof in a form acceptable to the City of PCP's ownership of the subject property not later than August 1, 2005; provided, however, that the Mayor in his sole discretion may extend this deadline to September 1, 2005, without further authorization of the City Council. 1.2 The term of this Agreement shall commence upon the Effective Date and continue for a period of ten (10) years. 2.1 The Mayor agrees to recommend amendments to the zoning code, which would allow mixed -use development within the TUC. If such zoning code amendments are not C: \WINDOWS \TEMP\Tukwi 1.DOC Page 2 of 284-2 ,4 approved by the City Council, this Agreement shall immediately terminate. If such amendments are approved by the City Council, this Agreement shall remain in effect. 2.2 PCP shall convey by statutory warranty deed to Tukwila the portion of its property (estimated to be an approximately 100 -foot strip) needed for relocation of the UPRR right -of -way, more fully described in Exhibit `B" ( "PCP Portion ") attached hereto. 2.3 In exchange, Tukwila shall convey by statutory warranty deed to PCP a portion of its property adjacent to the proposed Tukwila Station site, more fully described in Exhibit "A" ( "Tukwila Portion ") attached hereto. —2.4 PCP will retain a temporary easement for parking purposes on the PCP Portion, in a form substantially similar to the attached Exhibit "C" ( "PCP Easement "). In utilizing the PCP Easement. PCP agrees to the following Indemnity and Insurance provisions. 2.4.1.4: Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers. or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability. indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.4.2.B, Insurance. 2.4.2(i). PCP shall procure and maintain in full force throughout the duration of its use of the PCP Easement comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of PCP's use of the PCP Easement. 2.4.2(ii). Certificates of coverage as required by Paragraphs 132.4.2(i) above shall be delivered to Tukwila prior to PCP's use of the PCP Easement. 2.5 Upon commencement of the Strander Project and any associated relocation of the UPRR right -of -way, the PCP Easement identified in paragraph 2.4 shall terminate and be extinguished, provided that the City has first acquired and conveyed to PCP that portion of the existing UPRR right -of -way ( "Union Pacific Site ") more fully described in Exhibit "D" attached hereto. The property exchange contemplated by this provision will be detailed in a formal Property Exchange Agreement that will be executed at the time the City acquires the UPRR right -of -way. C: \WINDOWS \TEMP\: Tukwila 1.1)0C Page 3 of 3812 ent ,12reetnent.1)OC 4 2.6 Upon acquisition and conveyance of the Union Pacific Site as set forth in paragraph 2.5, PCP will relocate the parking area identified in paragraph 2.4 as the PCP Easement to the Union Pacific Site identified in paragraph 2.5. This relocation shall be accomplished to the City's satisfaction within 120 days after conveyance to PCP of the Union Pacific Site. The City shall exercise its best efforts to provide 180 days advance written notice to PCP of any obligation to relocate the parking initially authorized by the PCP Easement. 2.7 The development is subject to the obligation of each Pparty to convey clear title to affected parcels. 2.8 The City shall designate in its sole discretion and on any reasonable conditions,. a portion of its property, described in Exhibit "E" attached hereto, for PCP's use as a temporary construction staging area during development of the Tukwila Station site ( "Staging Area "). In utilizing the Staging Area, PCP agrees to the following Indemnity and Insurance provisions. 2.8.1A. Indemnity. PCP shall indemnify, defend, and hold harmless Tukwila, its agents, and employees from and against any and all liability arising from injury or death to persons or damage to property resulting in whole or in part from negligent acts or omissions of PCP, its agents, servants, officers, or employees, irrespective of whether in connection with such act or omission it is alleged or claimed that an act of PCP, its agents, or employees caused or contributed thereto. In the event that Tukwila shall elect to defend itself against any claim or suit arising from such injury, death, or damage, PCP shall, in addition to indemnifying and holding Tukwila harmless from any liability, indemnify Tukwila for any and all expenses incurred by Tukwila in defending such claim or suit, including reasonable attorneys' fees. 2.8.2B. Insurance. 2_8.2(i). PCP shall procure and maintain in full force throughout the duration of this Agrccmcntits use of the Staging Area comprehensive general liability insurance with a minimum coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property damage. Said policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation or reduction in the amount of said policy except upon thirty (30) days prior written notice to Tukwila. Cancellation of the required insurance shall automatically result in termination of t hi ^ greementpCp's use of the Staging Area. 2.8.2(ii). Certificates of coverage as required by Paragraphs 42.8.2(i) above shall be delivered to Tukwila • _ prior to PCP's use of the Staging Area. 2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its original condition and to the reasonable satisfaction of the City upon completion of i- t-PCP's use of- the Staging Area. The City shall thereafter maintain the restored Staging Area site. 2.10 PCP shall extend. : " • . the existing sidewalk. located on the north side of the Tukwila Station- property_ west to the intersection with West Valley Page 4 of 1812 C: \W 1NDO W S \TEA1PCfukwila 1 .1)0C1 \APPS \CI ‘"Tul; Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works director. 2.11 Best efforts will be used to retain the train trestle currently located at Longacres Drive. PCP desires to use some or all of this trestle as a gateway to the development. The ability to utilize this trestle will require the approval of the Public Works Department. 2.12 The details of the property exchange are set forth in a separate Property Exchange Agreement, which is incorporated by this reference as if fully set forth herein. 2.13 This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 2.14 This Agreement supersedes any and all other Development Agreements related to the property that is the subject of this Agreement. 2.15 PCP's development shall be consistent with approval standards set forth by the City's Board of Architectural Review.of "condo quality." 3.0 General Provisions. 3.1 Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement without the written consent of the other Party, which consent shall not be unreasonablye be withheld. 3.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 3.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 3.4 Termination. This Agreement may only be terminated upon mutual agreement of the Parties. 3.5 Enforceability. The Parties acknowledge that any willful and material breach of this Agreement will result in irreparable harm, and therefore, in addition to any other remedies that the Party would have, the non - breaching Party would be entitled to temporary, preliminary and permanent injunctions prohibiting the breaching Pparty from any such willful and material C:;WINDOWSVj Elv1PYI ukwilaI.DOC Page 5 of 5th breach. The Parties agree that monetary damages from a breach of this Agreement would be difficult to ascertain and quantify; thus, specific performance is the proper remedy for any breach of this Agreement. 3.6 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 3.7 Notice of Default/Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Pparty has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Pparty written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Pparty shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 day cure period or (b) the conclusion of any dispute resolution process. 3.8 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. 3.9 No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 3.10 Contingencies. 3.10.1A. Should the Strander project not go forward or should the property described in Exhibit `B" not be needed by the City, the easement granted by the City for parking purposes on Propel Exhibit "C" will become a permanent easement. 3.10.2B. This Agreement will terminate if development of the project described herein is not commenced within 180 days of the effective date of this Agreement. Commencement shall be defined as receiving the required foundation inspection, including approval therefore by the City. 3.11 Entire Agreement, Counterparts. and Exhibits. This Agreement may be executed in duplicate counterparts, each of which is deemed to be an original. The entire Agreement consists of seven ( ) (7) pages, ( one (1) notary acknowledgement pages, and -5-- (five) (5) Exhibits, which constitutes in full the final and exclusive understanding and agreement of the Parties and supersedes all negotiations and previous agreements between the Parties with respect to all or any part of the subject matter hereof. All waivers of the provisions C:`, WINDOWS \TI MP'Tukw, Page 6 of 6R 12 Tukwila Station of this Agreement shall be in writing and signed by the appropriate authorities of Pacific Commercial Properties and the City of Tukwila. 3.12 Authority. The Parties each 'represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. _All persons are executing this Agreement in their representative capacities and 1 represent and warrant that they have full power and authority to bind their respective organizations. 3.13 Recording. PCP shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. 3.14 Existing Easements. No easement, in existence prior to this Agreement, on the properties subject to this Agreement, shall be affected by this Agreement. 3.15 Legal Representation. In entering into this Agreement, PCP represents that it has been advised to seek legal advice and counsel from its attorney conceming the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; -and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. IN WITNESS WHEREOF, this Agreement has been entered into by and between Pacific Commercial Properties and the City of Tukwila as of the day and year first above written. PACIFIC COMMERCIAL PROPERTIES CITY OF TUKWILA By: B Its: President Steve Mullet, Mayor Approved as to Form; Shelley Kerslake. City Attorney C:\ WINDOWS \TE MP \Tukwilal.DO( Page 7 of 7 STATE OF WASHINGTON ) COUNTY OF KING On this day of 2005, before me personally appeared , the , of Pacific Commercial Properties, a corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. STATE OF WASHINGTON ) COUNTY OF KING ) C:\ WINDOWS \TEMP`•"I'ukwiiai.DOCF PPS'C1V'Ti ) ss: ) ss: 1_ -^ ••'r �.,(;;w;,41-, Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: On this day of 2005, before me personally appeared , known to me to be the Cit Manage_ Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned, and on oath stated that s/he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page 8 of 88-43 PROPERTY EXCHANGE AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this day of , 2005, by and between the City of Tukwila, a municipal corporation ( "City" or "the City "), and Pacific Commercial Properties ( "PCP "). RECITALS A. The City is the owner of certain real property commonly known as Tax Parcel No. 2423049034 in the City of Tukwila, King County, Washington, legally described in Exhibit A attached hereto and incorporated herein by this reference ( "City Property "). B. PCP is the owner of certain real property commonly known as Tax Parcel Nos. 2423049137 and 0005800013, in the City of Tukwila, King County, Washington, legally described in Exhibit B attached hereto and incorporated herein by this reference ( "PCP Property"). C. The City of Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway ( "Strander Project "). This alternative would require the relocation of the Union Pacific Railroad ( "UPRR ") right -of -way from its current location to a location adjacent and west of the existing Burlington Northern right -of -way. This property would be owned by PCP. Tukwila would be required to acquire through condemnation, or other negotiated means, the property required for the Strander Project. This would be costly to the City if the property were fully developed at the time of condemnation. Therefore, the Parties wish to exchange property at the present time and further agree to deed other certain property at the time the Strander Project is built. AGREEMENT The Parties hereto agree as follows: 1. Recitals Incorporated. The above recitals are incorporated herein as part of the substantive terms of this Agreement. 2. Property Exchange and Consideration. PCP, or its designated assigns pursuant to Section 20 of this Agreement agrees to convey the PCP Property, legally described in Exhibit `B ", to the City by Statutory Warranty Deed upon Closing, as set forth in Section 9 of this Agreement. As just compensation for the PCP Property,. the City agrees to convey the City Property, legally described in Exhibit "A ", to PCP by Statutory Warranty Deed at Closing. Page 1 of 999 G: \City Attome ' \DCD \CONTRACTS \Tukwila2 - fix.D000:'.Cily Atle+leY GD\ CANTR- AG'1 �; 1_tiil,-wila2_1)f1CfC:' :WINlX0V S tl=M I'tikwi1x3.{)1)t' � • r 3. Tax Consequences. Neither party makes any representations or warranties, express or implied, regarding the actual tax consequences of the property exchange. 4. Condition of Title — City Property. (a) City Property Title Commitment. The City shall, as soon as practicable, cause to be furnished to PCP a commitment for an owner's standard coverage policy of title insurance ( "City Property Title Commitment ") issued through a title company mutually approved by PCP and the City ( "Title Company "), describing the City Property, listing PCP as the prospective named insured, and showing six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. (b) Review of City Property Title Commitment. PCP shall have until ten (10) days after receipt of the City Property Title Commitment in which to notify City of any objections PCP has to any matters shown or referred to in the City Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the City Property Title Commitment to which PCP does not object within the 10 -day review period shall be deemed to be permitted exceptions ( "PCP Permitted Exceptions "). Building, zoning, subdivision or use restrictions applicable to the City Property shall be considered PCP Permitted Exceptions. With regard to items to which PCP objects, the following shall apply: (i) City shall have ten (10) days from receipt of PCP's objections to notify PCP whether it agrees to remove the unpermitted exceptions set forth in PCP's objections; (ii) If City does not agree to remove such unpermitted exceptions, PCP may, within ten (10) days, waive and withdraw its objections; and (iii) If the City agrees to remove such objections, the City shall use all reasonable efforts to cure such objections by the date of Closing. If the City is unable to cure such objections by the date of Closing, PCP may, as PCP's sole remedy, waive the objections not cured and proceed to Closing or terminate this Agreement by notice to the City. 5. Condition of Title - PCP Property. (a) PCP Property Title Commitment. PCP shall, as soon as practicable, cause to be furnished to City a commitment for an owner's standard coverage policy of title insurance ( "PCP Property Title Commitment ") issued through the Title Company, describing the PCP Property, listing City as the prospective named insured, and showing Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) as the policy amount. Page 2 of 999 G:\City Attorney \DCD\CONTR4CTS \Tukwila' - fig DOC it_y Att ley-.0GPCON4 -rA 14;40 i+d- 2:1X4:47 •ufv Ix tW Iuk WiIN= .11XX; (b) Review of PCP Property Title Commitment. City shall have until ten (10) days after receipt of the PCP Property Title Commitment in which to notify PCP of any objections City has to any matters shown or referred to in the PCP Property Title Commitment. Except as expressly set forth herein, any exceptions or other items which are set forth in the PCP Property Title Commitment to which City does not object within the 10 -day review period shall be deemed to be permitted exceptions ( "City Permitted Exceptions "). Building, zoning, subdivision or use restrictions applicable to the PCP Property shall be considered City Permitted Exceptions. (i) PCP shall have ten (10) days from receipt of City's objections to notify the City whether it agrees to remove the unpermitted exceptions set forth in the City's objections; (ii) If PCP does not agree to remove such unpermitted exceptions, the City may, within ten (10) days, waive and withdraw its objections; and (iii) If PCP agrees to remove such objections, PCP shall use all reasonable efforts to cure such objections by the date of Closing. If PCP is unable to cure such objections by the date of Closing, City may, as City's sole remedy, waive the objections not cured and proceed to Closing or terminate this Agreement by notice to PCP. 6. Conditions Precedent. The Parties' obligations under this Agreement and the effectiveness of this Agreement shall be subject to the following conditions precedent: (a) Inspection Contingency. This Agreement is conditioned on an inspection report of the City Property. Within twenty (20) days of the mutual acceptance of this Agreement, PCP shall arrange an inspection of the City Property. The inspection report shall be prepared by a professional inspector of PCP's choice approved by the City and at PCP's expense. PCP may disapprove the inspection report on the basis of any condition identified in the inspection report that the inspector recommends be corrected. This contingency shall conclusively be deemed satisfied unless, by June 30, 2005 within twenty (20) days after execution hcrcof, City receives from PCP written notice of disapproval identifying the condition(s) contained in the inspection report to which PCP objects and a copy of the inspection report. If City does not agree in writing to correct the condition(s) identified by PCP, then within three days thereafter, PCP may elect to terminate this Agreement, in which event this Agreement shall be null and void and of no further force and effect. City hereby grants to PCP and its agents, employees, and independent contractors right of entry onto the City Property to make such soil tests and such other investigation as PCP may deem reasonably necessary; provided, however, that such investigation shall not cause any damage to the City Property. PCP shall hold City harmless from and against any and all liabilities incurred by PCP by reason of damage to persons or property arising from the negligent or intentional acts or omissions of PCP or its agents on the City Property. Furthermore, PCP shall not permit any lien to be placed Page 3 of 999 G: \City Attorney- \DCD\CONTRACTS \Tukwila2 - fi�.DOCC ++y Attomey4 -) (4WON4:1Z-AC TS- 1:14 IrN D()��:.Sgl:MPVrukwi1e2.1JOG 1 on the City Property by any person hired by PCP for the purpose of examining, inspecting, or surveying the City Property. If any such lien or other charge of any kind is placed on the City Property, PCP shall promptly discharge it by paying the amount claimed or posting a bond in lieu of the lien. (b) This Agreement is contingent upon the Parties entering into a Development Agreement, attached as Exhibit "C ". 7. Disclosure. (a) City Property Disclosure. PCP acknowledges that, except as expressly set forth in this Agreement, neither City nor any agent or representative or purported agent or representative of City has made, and City is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or information pertaining to the City Property or any part thereof, the physical condition, title, size, zoning, thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, PCP acknowledges and agrees that City is not liable for or bound by (and PCP has not relied upon) any oral or written statements, representations, or any other information respecting to the City Property or any portion thereof furnished by City or any other broker, employee, agent, consultant, or other person representing or purportedly representing City. (b) PCP Property Disclosure. City acknowledges that, except as expressly set forth in this Agreement, neither PCP nor any agent or representative or purported agent or representative of PCP has made, and PCP is not liable for or bound in any manner by, express or implied warranties, guaranties, promises, statements, inducements, representations, or information pertaining to the PCP Property or any part thereof, the physical condition, title, size, zoning thereof, the uses which can be made of the same or the fitness of any part thereof for any particular purpose or any other matter or thing with respect thereto. Without limiting the foregoing, City acknowledges and agrees that PCP is not liable for or bound by (and City has not relied upon) any oral or written statements, representations, or any other information respecting the PCP Property or any portion thereof furnished by PCP or any other broker, employee, agent, consultant or other person representing or purportedly representing PCP. 8. Hazardous Materials. (a) PCP Property Hazardous Materials. PCP hereby represents and warrants to City that the PCP Property is not and has not been, during the period of PCP's ownership of the PCP Property, used for the storage or disposal of any toxic or hazardous waste, material, or substance and that no known hazardous materials or substances exist on the PCP Property. PCP hereby agrees to indemnify and hold City harmless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by City arising out of or related to PCP's breach of this Section. Page 4 of 994 G: \City Attorney \DCD \CONTRACTS \Tukwila2 - fix.DOC€ , Mtefney lD(= Al F( =3NTR- M;TSVItili ilu2 -1)0 1:. WINDOWS I) qukwilx3.[)0(; 0 PCP further agrees to submit copies of all materials currently in its possession regarding any testing of the PCP Property for hazardous materials to City. Additionally, PCP shall, at PCP's expense and by May 31, 2005, • • , provide the City with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, PCP shall provide City with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that City may terminate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. (b) City Property Hazardous Materials. Except as referenced in any reports provided by City, City hereby represents and warrants to PCP that the City Property is not and has not been (during the period of City's ownership of the City Property) used for the storage or disposal of any toxic or hazardous waste, material, or substance, and no known hazardous materials or substances exist on the City Property. City hereby agrees to indemnify and hold PCP harmless from any and all loss, damage, liability, and expense (including reasonable consultant and attorneys' fees) incurred by PCP arising out of or related to City's breach of this Section. City further agrees to submit copies of all materials currently in its possession regarding any testing of the City Property for hazardous materials. Such materials shall be supplied to PCP prior to signing this Agreement. City shall, at City's expense and by May 31, 2005prior to the signing of this Agreement, provide PCP with a Level One Environmental Report. If such report shows any reasonable possibility of environmental contamination, City shall provide PCP with a Level Two Environmental Report by June 30, 2005. If the Level Two Environmental Report shows any reasonable possibility of environmental contamination, the Parties agree that PCP may terminate this Agreement with no penalty by written notice to all Parties not later than sixty (60) days after receipt of the Level Two Environmental Report. 9. Closing. (a) Time and Place for Closing. Within thirty-five (3935) days after the date that all of the conditions precedent set forth in Sections 5, 6 and 7 above have been satisfied (or such other date as the Parties may agree), the closing ( "Closing ") shall take place. Page 5 of 99-1 G: \City Attorney \DCD \ CON TRA CTS \Tukwila - fix.DOC lttenieyND(4) \cC314 :1'R -AGES Tirli*:i4u I-)F)ek' N1'INI)C)WSXI I: 1 "- Tiikwi lit 2.1)()( v (b) Events at Closing. (i) At Closing, City shall deliver to PCP the following: (A) A Statutory Warranty Deed duly executed and acknowledged by City conveying the City Property to PCP; (B) A standard coverage policy of Title Insurance issued by the Title Company conforming to the requirements of Section 5 above insuring PCP's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the PCP Permitted Exceptions; and (C) A Non - Foreign Affidavit duly executed and acknowledged by City. (ii) At Closing, PCP shall deliver to City the following: (A) A Statutory Warranty Deed duly executed and acknowledged by PCP conveying the PCP Property to City; (B) A standard coverage policy of Title Insurance issued by the Title Company conforming to the requirements of Section 5 above insuring City's title in the amount of Six hundred fifty nine thousand, seven hundred seventeen dollars ($659,717.00) and containing no exceptions other than the City Permitted Exceptions; and (C) A Non - Foreign Affidavit duly executed and acknowledged by PCP. (c) Expenses. The expenses associated with the above transactions shall be allocated among the Parties as follows: (i) Escrow Fees. The City and PCP shall share all escrow fees charged by the Title Company equally. (ii) Attorneys' Fees. Subject to Section 11 below, each party shall pay its own attorneys' fees. (iii) Costs. Each party shall pay its own transaction costs associated with this Agreement. Page 6 of 944 G: \C'ity Attom \DCD \CONTRACTS \Tukwi - fi DOCE/W-44 Ansi:Roy \DCDCON"fRAL== 144:14 tla2 )Oec:''%W Nl 0WSV I!'ti1P qt, kwila?.DOC; b 'e (d) Prorations. Real estate taxes, installments of current year special assessments (if and to the extent they are approved exceptions), utility charges, and other operating income or expenses applicable to the City Property and the PCP Property shall be prorated up to and including the date of Closing, based upon the actual days involved. To the extent that the amounts of such charges, expenses, and income referred to in this Section are unavailable at the Closing date or in the event of prorations made on the basis of erroneous information or clerical errors, a readjustment of these items shall be made within thirty (30) days after Closing or as soon as practical after discovery of any erroneous information or clerical error. After Closing, City shall be responsible for all expenses related to the PCP Property and PCP shall be responsible for all expenses related to the City Property. City and PCP shall, on or before Closing, furnish each other and the Title Company with all information necessary to compute the prorations provided for in this Section. 10. Default. Any party hereto shall be in default hereunder if such party shall fail to comply with any term, covenant, agreement, or obligation on its part required, within the time limits and in the manner required in this Agreement. In the event of a default hereunder, the non - defaulting party or parties shall be entitled to pursue all remedies available at law or in equity, including, but not limited to, specific performance. 11. Attorneys' Fees. If it shall be necessary for any party hereto to employ an attorney to enforce its rights pursuant to this Agreement because of the default of another party, the non - defaulting party shall be entitled to recover from the defaulting party or parties all costs, including reasonable attorneys' fees, incurred in connection with such default. 12. Brokerage Commission. Each party hereto represents and warrants that it has not dealt with or engaged any real estate broker in connection with the above transactions. Each party agrees to indemnify, defend, and hold harmless the other party from and against any claims or liability attributable to such party's breach of the foregoing representation and warranty. 13. Notices. All notices, demands, requests, and other communications required or permitted hereunder shall be in writing and shall be deemed delivered on the earlier of (i) three days after posting of registered or certified mail, addressed to the addressee at its address set forth below or at such other address as such party may have specified theretofore by notice delivered in accordance with this Section, or (ii) actual receipt by the addressee, as follows: TO CITY: City of Tukwila Attn: City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 Page 7 of 994 (J :\City Attomev\DCD \CONTRACTS\Tukwila2 - fix.DOCC:'C'ity AftemeN IACONTRAGTS1{:ttkivi}a2.-1-XX4 ` WIV1 X)WSvriiM- 1i'qukwi1a2.1)C)('. �0. With a copy to: Ms. Shelley Kerslake, Esq. Kenyon Disend, PLLC 11 Front St. So. Issaquah, WA 98027 TO PCP: Ken Kester P.O. Box 53405 Bellevue, WA 98015 With a copy to: 14. Governing Law; Venue. The laws of the State of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of action under this Agreement shall be resolved in King County Superior Court, State of Washington. 15. Mutual Agreement. Both Parties agree that this Agreement has been mutually negotiated and drafted with the advice of legal counsel and that in the event of a dispute arising out of this Agreement, neither party shall be construed as the drafting party. 16. Integration; Modification; Waiver. This Agreement constitutes the complete and final expression of the agreement of the Parties with respect to the herein described transactions, and supersedes all previous contracts, agreements, and understandings of the Parties, either oral or written. This Agreement cannot be modified, or any of the terms hereof waived, except by an instrument in writing (referring specifically to this Agreement) executed by the party against whom enforcement of the modification or waiver is sought. 17. Counterpart Execution. This Agreement may be executed in several counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. Page 8 of 999 G: \Ciiv Attorney \DCD ',CONTRACTS \Tukwila2 - lix.D000!.0ity Attemcy \DC[)1F,ANTR -A a VIttlivi 2- 00C( =' WIN1)CiLV�:r p:Tukwila2 18. Invalid Provisions. If any one or more of the provisions of this Agreement, or the applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Agreement and all other applications of any such provision shall not be affected thereby. 19. Binding Effect. This Agreement shall be binding upon and inure to the benefit of each party hereto, and their respective heirs, personal representatives, successors, and assigns. 20. Assignment. No party may assign its rights hereunder without the written consent of the other party, which consent shall not be unreasonably withheld. For purposes of this Agreement, a party's refusal to consent to a proposed assignment shall be deemed reasonable if such assignment would cause any of the above transactions not to qualify as exchanges pursuant to Section 1031 of the Internal Revenue Code, as amended. 21. Authority. City warrants that the City Council of the City has lawfully approved this Agreement and has authorized its Mayor to execute this Agreement and lawfully bind the City to its terms. PCP warrants that its shareholders, executive officers, and directors are fully authorized to enter into this Agreement and lawfully bind PCP to its terms. CITY OF TUKWILA By: Steven M. Mullet, Mayor Approved as to Form: By: Shelley M. Kerslake, City Attorney PACIFIC COMMERCIAL PROPERTIES By: Its: Page 9 of 999 G: \City Attomcy \DCD \CONTRACTS \Tukwila2 - fix.DOCC:`City ttemey\lX;{3 ;(=AN= {_(tAGIMJ- ttk-wifa2:f- ( W1N1)A14MTPMP=Tetkwila3.t DATE: TO: FROM: City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor February 22, 2005 Committee of the Whole. Steve Lancaster, DCD Director Kevin Fuhrer, Finance Director Public/Private partnership relate . o Strander Extension and Pacific Commercial Properties proposal for "Tukwila Station" The City has an opportunity to enter into a public /private partnership with a private developer. This partnership would involve an exchange of real property with Pacific Commercial Properties in order to facilitate: 1. the future extension of Strander Boulevard, and 2. a mixed -use transit- oriented development proposal with positive implications for the TUC. SUBJECT: This amendment was considered by the CAP Committee on February 15, 2005. The conceptual agreement was approved and forwarded to the COW for consideration. BACKGROUND Strander Extension. Renton has identified a preferred alternative for the future extension of Strander Boulevard eastward from West Valley Highway. Tukwila has informally concurred. The preferred alternative would require relocation of the Union Pacific Railroad (UPRR) right - of -way from its current location to a location adjacent to and west of the existing Burlington Northern right -of -way (see Figure 1). This alternative has cost advantages for the project, and additional advantages for Tukwila relating to the future development potential of the area. A potential risk of this alterative is that development could occur on the portion of the future UPRR right -of -way currently owned by Stuart McLeod, thus making future right -of -way acquisition more expensive and possibly threatening the viability of the Strander Extension project. Tukwila Station Proposal. Pacific Commercial Properties (PCP) has proposed a mixed -use development on property currently owned by Stuart McCleod. The property is located north of Longacres Way, between the Union Pacific and the Burlington Northern rights -of -way. The project, tentatively named "Tukwila Station," would include approximately 250 to 300 residential units and about 5,000 square feet of commercial space. The City of Tukwila owns approximately 1.63 acres of land immediately north of the Tukwila Station site. Phone: 206- 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us PROPOSAL Pacific Commercial Properties (PCP) has indicated a willingness to work with the City for the purposes of this land exchange. The sequence of transactions is keyed to Figure 2 and would be as follows: Step 1 PCP transfers the easternmost 100 -foot strip of their property to the City, retaining a 30- foot easement for interim parking purposes. This eastern 100 foot strip is needed for relocation of the Union Pacific RR right -of -way to Tukwila and measures approximately 103,525 sq. ft. Step 2 The City transfers a portion (approx. 36,590 sq. ft )of its property to the north to PCP, which PCP will use as a portion of its Tukwila Station development. Step 3 At the point in time where Strander is ready to be constructed and the Union Pacific right -of -way is ready to be relocated, PCP would relinquish its easement and the City would transfer 43 feet of the old UP right -of -way to PCP (approx 59,180 sq. ft.). PCP would relocate its displaced parking from the easement on the east of its property, to this 43 -foot strip on the west. At the end of this process, PCP would have transferred 103,525 square feet of property to the City; the City would have transferred 95,770 square feet to PCP. All this would be detailed in a development agreement. SEQUENCE 1. PCP transfers area shown to the City, retaining 30 -foot easement for parking purposes. 2. City transfers area shown to PCP. 3. When funding for the Strander project has been secured and the project is in the design phase, the City transfers 100 -foot strip of property to Union Pacific RR in exchange for "old" UP right of way, in conjunction with Strander extension. City transfers 43' wide area shown to PCP. FINANCIAL IMPLICATIONS By way of background, the Hotel/Motel Tax Fund (101) purchased the land for $1,450,000 with resources received via an interfund loan from the General and Arterial Street Funds. The outstanding loan balance as of December 31, 2004, was $1,250,000. The 2005 Budget provides for a $200,000 loan repayment. This would leave a balance owing to the General and Arterial Street Funds of $1,050,000 as of December 31, 2005. The Lodging Tax Committee may accept a transfer of land ownership to the General Fund in exchange for the debt forgiveness. However, the Lodging Tax Committee may not approve this transaction if the appraised value is determined to be below $1 million. Preparations are presently underway to secure appraisal services. The land transfer proposal will be discussed with the Lodging Tax Advisory Committee on March 3, 2005. 2 If the transfer is approved through the developer agreement, the planning model will initially be reduced by the amount of the interfund loan balance remaining. The reduction will be mitigated by the revenue opportunities that are addressed in the next section of this memorandum. REVENUE OPPORTUNITIES The Tukwila Station Project proposal stands to generate (4) revenue sources for the City — property tax, sales tax, real estate excise tax (REET), and the building permits and fees. In discussions with the developer, he has indicated a $65 million dollar valuation at buildout with estimated construction costs of $30 million. Given the indicated values, the following revenues could reasonably be expected from the proposed project: Property Tax A $100,000 Construction Property Tax B $100,000 Annual Sales Tax $300,000 Construction Period REET $250,000 Period of Initial Sales Build Permit/Fees $350,000 Application Period Again as addressed in the financial implications section of this memorandum, these revenues would offset the reduction in the planning model for the amount of the interfund loan balance payable at the time the land transfer is executed. OTHER CONSIDERATIONS If the City does not partner with Pacific Commercial Properties to facilitate this land transaction work, it is likely we will be faced with a proposal to develop the McLeod site in a manner that will preclude the current plans for extending Strander. At the very least, full development of the McLeod property would significantly increase the future cost of the Strander extension project, possibly affecting its viability. RECOMMENDATION Conceptually approve public/private partnership with Pacific Commercial Properties. Forward this conceptual approval in conjunction with approval of multi- family TOD amendment to the February 28 meeting of the Council of the Whole. Authorize Staff to prepare public/private partnership agreement with Pacific Commercial Properties. 3 a 0 E -+-- U_ SLongacxes Wy STEP 3 Land to be abandoned by Union Pacific Railroad and acquired by Pacific Commercial Properties, Inc. approx. 59,180 square feat Inte rstate 4°5 STEP 2 Land to be deeded from the City of Tukwila to Pacific Commercial Properties, Inc. approx. 36,590 square feet STEP 1 Land to be deeded from the Pacific Commercial Properties, Inc. to the City of Tukwila approx 103, 525 square feet RENTON Figure 2 November 29, 2004 Dear Mr. Kester: Sincerely, City of Tukwila Department of Community Development Steve Lancaster, Director Kenneth P. Kester Pacific Commercial Properties, Inc P.O. Box 53405 Bellevue, WA 98015 I wanted to bring you up -to -date on our work toward code amendments that will make it possible for us to consider your mixed -use development proposal for the McLeod property. On November 22, the Tukwila City Council adopted a number of amendments to the Tukwila Comprehensive Land Use Plan. Among these is a policy supporting development of residential uses within walking distance of the Sounder Commuter Rail /Amtrak station. This paves the way for development code amendments that will allow your proposal to move forward, thus completing "Phase 1" of the process I described in my November 4 letter to you. The City Council also forwarded to the City's Planning Commission, staff's proposal to amend the Tukwila Zoning Code to allow multi- family dwellings in mixed -use developments near the Sounder commuter rail station. We expect to brief the Commission on this issue on December 9, and schedule a public hearing before the Commission for January 27. The reaction we've received from Tukwila's policy leaders has been uniformly positive regarding your proposal. I look forward to continuing to work with you on this project. Steve Lancaster, Director Department of Community Development Cc: Jack Pace, Deputy Director DCD Alice Strand, Sr. Planner Steven M. Mullet, Mayor 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 - 3665 ADDENDUM NO. 2 TO MCLEOD DEVELOPER'S AGREEMENT CITY CONTRACT NO. 94-063 9 0 gay /r WHEREAS, the City of Tukwila entered into agreement No. 94 -063 with the McLeod Development Company on March 28, 1994 for the purpose of setting forth the conditions and terms pertaining to the construction of an exhibition center on property located in the City of Tukwila; and WHEREAS, agreement No. 94 -063 was subsequently amended by Addendum No. 1 which was entered into on March 4, 1996 in order to reflect additional considerations relative to the designation of the exhibition center site as a Limited City Enterprise Development Zone and provide further clarification to the terms of the original agreement; and WHEREAS, the McLeod Development Company was required by agreement No. 94 -063 and Addendum No. 1 to construct drainage improvements on the exhibition center site as specified in Section 2.4 of Addendum No. 1 which will provide benefits to the entire drainage basin in the surrounding vicinity; and WHEREAS, Section 4. of agreement No. 94 -063 would nullify the City's obligations to repay McLeod Development Company for the construction of the drainage improvements referenced above in the event that McLeod Development Company did not carry forth its plans to construct an exhibition center as originally intended or abandoned development of the site; and WHEREAS, the City Council does hereby find that the reimbursement of costs to the McLeod Development Company for the construction of these drainage improvements is warranted due to the benefit to public welfare and the overall benefit to all properties in the drainage basin, in any event, regardless of the extent of the development at the exhibition center site; NOW, THEREFORE, in consideration of the mutual benefits and conditions contained herein, this ADDENDUM, by and between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and McLeod Development Company, hereinafter referred to as "Owner ", entered into this day of 1997, is as follows: Section 1. Repealer: Section 4. Entire Agreement, as contained in Addendum No. 1 to City of Tukwila Agreement No. 94 -063, is hereby repealed in its entirety. Section 2. New Section: The following new section shall be inserted in City of Tukwila Agreement No. 94 -063 as numbered and written below: 9. FINANCIAL OBLIGATIONS UPON TERMINATION In the event that this Agreement is terminated because the Owner does not develop the site as an exhibition center or the Owner abandons the development Section 3. Entire Agreement: This Addendum, together with Addendum No. 1, are hereby incorporated in City Agreement No. 94 -063, and together they shall represent the entire agreement and any modifications, revisions, additions, or deletions not contained in the incorporated form shall be null and void. CITY OF TUKWILA: By Jo . Rants, Mayor «j 9 ATTEST /AUTHENTICATED: APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: entirely, as referenced in Section 4., the Owner shall be entitled to reimbursement for the design and construction of drainage improvements specified in Section 2.4; provided that such design and construction is completed in accordance with the terms and conditions of Section 2.4. Reimbursement shall be based on actual costs and shall be limited to a total cost of $300,000. k; E. Cantu, City Clerk OWNER: By Stuart McLeod, McLeod Develop 3 ent Company STATE OF WASHINGTON COUNTY OF KING ss ' I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No. 2, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 5/'i , 1927 /zliva-U1/4Notary Public in and for the State of Washington, residing at•• 1 Ccur. My C ission Expires /9 // - 0 . N ..41 t n a G/:-rn vn STATE OF Jaaw ),(\ ) COUNTY OF I certify at there appeared before me a person that I know or have satisfactory evidence was STUART MCLEOD, who signed this ADDENDUM No. 2, on oath stated that they are authorized to execute the instrument and acknowledged it, as the President of McLeod Development Company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. , 19 i7 ss S Notary Public i and for the State of Washington, residin My Commission Expires t ae)I 5 To: City Council From: Mayor Rants Re: Resolution and Developer's Agreement for McLeod Project Date: March 1, 1996 City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 John W Rants, Mayor Attached for your consideration are two documents relating to the McLeod project. The first is a resolution which designates the Exposition Center project as qualifying as a Limited Economic Enterprise Zone. It will be necessary to formally designate the Exposition Center as an eligible project before proceeding to actually determining what level of mitigation relief we will grant. The second document is the Developer's Agreement, which specifically defines the level of City participation in this project. I have included a summary sheet from the Finance Director that explains the calculations and identifies the value of each mitigation element in which the City will participate. As you may recall, we are working under a time line on this matter that will necessitate formal Council consideration at the March 3rd meeting. While I normally would not accelerate an item like this before the Council, the fact that it has already received preliminary review by three sub- committees, as well as the full Council, mitigates the concern over not having an opportunity to go before the COW. Phone: (206) 433 -1800 4 City Hall Fax: (206) 433 -1833 6200 Southcenter Boulevard O Tukwila, Washington 98188 John W Rants, Mayor • mcleodnrem City of Tukwila MEMORANDUM To: John W. Rants, Mayor From: Alan R. Doerschel Date: March 1, 1996 Subject: Revenue Analysis for McLeod (Northwest Expo Center) As prescribed in Resolution No. 1342 Section 2 Par 4 I have determined that the estimated net revenues to be expected from the Northwest Expo Center is approximately $225,000 per year. This is based on projected property tax, sales tax and admission tax revenues. Secondary sales tax and other projected revenues were not included. See analysis below. Estimated Net Revenues: Admissions Tax 500,000 Attendees x $6.00 x .05% Property Tax $15,000,000 x $3.10 per thousand Sales Tax (Direct) On -Site Services Sales Direct Sales- Merchandise Total Sales x .0085 Total Gross Revenues Less: Estimated value of indirect service level costs Total Estimated Net Revenues • $ 3,000,000 3,000,000 $ 6,000,000 Note: This is a conservative estimate. Total projected revenue provided by McLeod was $588,254 which included indirect and utility revenues. Phnno• (MA) Q3 ?_1Rnn • rity 1aaI1 Far! f2nISl 411 - 1833 $ 150,000 46,500 51.000 $ 247,500 (22,500) $ 225,000 March 10, 1995 Sincerely, RAE:RMC:cd City of Tukwila Mr. Stuart McLeod McLeod Development Co. 213 Lake Street South Kirkland WA 98033 Ross A. Earnst, P.E. Director of Public Works Enclosure (1) cf: Duane Griffin, Building Official Joanna Spencer, Development Engineer DCD EPIC file Department of Public Works Ross A. Earnst, P. E., Director RE: Northwest Exhibition Center Developer Agreement Addendum No. 1 John W. Rants, Mayor Dear Mr. McLeod: Section 8 to the agreement has been added. It provides that mitigation fees shall be paid 1) One -half at the start of building permit construction activity 2) One -half at the issuance of Certificate of Occupancy. A signed copy of the addendum is enclosed. mcleod.add 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: (206) 433 -0179 • Fax (206) 431 -3665 ADDENDUM No. 1 Contract No. 94 -063 McLeod Development Company - Developer's Agreement As evidenced by their signatures below and in keeping with Section 8. COOPERATION of the Agreement, the parties to Contract No. 94 -063 do agree to modify Sections 1.7 and 1.9 of the aforementioned agreement such that all mitigation fees associated with these sections shall be payable as follows: 1) One half of the fees shall be payable at the start of construction activity associated with the building permit; and, 3) One half of the fees shall be payable at the time of issuance of the certificate of occupancy. No other terms of provisions of Contract No. 94 -063 shall be affected by this Addendum and this Addendum shall in no way impinge or inhibit in any way, the enforcement of all provisions of the Contract as originally executed. McLeod Development Company City of Tukwila ADDENDUM NO. 1 TO MCLEOD DEVELOPER'S AGREEMENT CITY CONTRACT NO. 94-063 WHEREAS, the City of Tukwila entered into agreement No. 94 -063 with McLeod Development Company on March 28, 1994 for the purpose of setting forth the conditions and terms pertaining to the construction of an exhibition center on property located in the City of Tukwila; and WHEREAS, subsequent to agreement No. 94 -063 the City has adopted City of Tukwila Resolution No. 1342 which establishes a policy whereby such development projects may be granted consideration in the satisfaction of the conditions associated with such development in recognition of the public benefits derived from such projects; and WHEREAS, the City Council has determined that the McLeod Development Company proposal to construct an exhibition center at the site legally described in Exhibit A to Agreement No. 94 -063 meets the criteria for public benefit as specified in Resolution No. 1342 and is qualified under the provisions of Resolution No. 1342 as a Limited City Enterprise Development Zone; and, WHEREAS, the City Council has affirmed the status and qualification of the McLeod Northwest Expo Center development for inclusion in the a Limited City Enterprise Development Zone under the policy direction of Resolution No. 1342 by adopting Resolution No. 1344 which is attached hereto as Exhibit D; NOW, THEREFORE, in consideration of the mutual benefits and conditions contained herein, this ADDENDUM, by and between the City of Tukwila, a municipal corporation of the State of Washington, hereinafter referred to as "City ", and McLeod Development Company, hereinafter referred to as "Owner, entered into this y day of , 1996, is as follows: Section 1. Repealer: Sections 1.5, 1.7, 1.9, 1.10, 1.11, 1.12, and 2.4 as contained in City of Tukwila Agreement No. 94 -063 are hereby deleted in their entirety. Section 2. New Sections: The following paragraphs shall be inserted in City of Tukwila Agreement No. 94 -063 as they are numbered and written below: 1.5 Site Water Service The Owner recognizes the need to provide City water service to the Property. A 12 inch water line will be constructed providing a loop between the existing Seattle Water Department tap and the West Valley 12 inch water line. This water facility shall be constructed by the Owner and dedicated to the City pursuant to a City Standard Utility Extension Agreement. The water loop system shall mitigate the difference in pressures between the systems on West Valley and the Seattle Water system. Owner also agrees to provide asphalt overlay on South 158th Street from West Valley Highway to the exhibition center site (east of Union Pacific Railroad right -of -way). The City shall reimburse the Owner for construction costs of the new 12 inch water line in the amount of $113,500.00 and said reimbursement shall be made to the Owner within 30 days of the completion of construction. 1.7 Transportation Impacts - City of Tukwila The Owner acknowledges that the proposed development of the Property will create additional vehicle traffic in the City. The Owner agrees that the costs to construct transportation improvements to mitigate the impacts as identified in the SEPA document (reference City file No. EPIC -26 -090) for the Northwest Exhibition Center development are as follows: a. Interurban Avenue /Grady /405 $185,000.00 b. West Valley /S. 156th Street $ 43,000.00 c. West Valley /S. 158th Street $ 47,000.00 d. West Valley /Strander Boulevard $ 30,000.00 e. West Valley /S. 180th Street $ 38,853.00 2 The Owner agrees to contribute $123,853.00 towards the costs such improvements with $85,000.00 of said funds being allocated to the Interurban Avenue /Grady /405 project listed as item (a.) above and $38,853.00 being allocated to the West Valley /S. 180th Street project listed as item (e.) above. The remaining costs to construct the improvements listed above as identified in the SEPA document (file No. EPIC -26 -090) shall be borne by the City. Funds contributed by the Owner pursuant to this section shall be paid to the City prior to issuance of the Certificate of Occupancy for the exhibition center facilities and such funds shall be refunded to the Owner, with accrued interest, if the improvements identified in items (a.) and (e.) above are not constructed within six (6) years of receipt of such funds. 1.9 Transportation Impacts - City of Renton The owner acknowledges that the development of the Property will create increases in City of Renton transportation needs due to additional vehicle traffic as identified in the SEPA document (file No. EPIC -26 -090). The Owner agrees to contribute a sum not to exceed $187,122.00 for the construction of transportation improvements to mitigate its traffic impacts in Renton. These funds shall pay for either capacity or intersection improvements as follows: a. 180th Street - $162,729.00 b. Grady Way - $24,393.00 The transportation impact mitigation fees shall be used specifically for transportation improvements on the routes listed. One half of the fees due from Owner pursuant to this section shall be payable ninety (90) days after the start of construction activity associated with the building permit and, one half of the fees shall be payable at the time of issuance of the certificate of occupancy for exhibition center facilities. 3 1.10 South 158th Street Improvements to Public Standards The Owner acknowledges that the development of the property will create transportation, safety, and capacity needs on the South 158th Street access to the site. The Owner agrees to construct a sidewalk on South 158th Street from the existing sidewalk along the Embassy Suites site on the south side of South 158th Street to the exhibition center site (east of the Union Pacific Railroad right -of -way). These improvements shall be completed prior to the issuance of the Certificate of Occupancy for the exhibition center facilities. 1.11 Transportation Impacts - Pedestrian The approved plans for development of the Property for exhibition center facilities includes a parking area within those portions of the Puget Sound Power & Light (PSP &L) right -of -way north of a line approximately 250' ± south of the proposed centerline of the Strander Boulevard extension and south of I -405. The Owner acknowledges the City's intent to construct a 15 foot wide trail through those same portions of the PSP &L right -of -way on easements obtained by the City from PSP &L for trail construction. The Owner agrees that the construction of such parking shall not infringe on the City's trail easements nor unreasonably inhibit the flow of traffic using the trail once it is constructed. The City shall construct the trail at its own expense and in accordance with its own construction schedule. 1.12 Strander Boulevard Improvements The Owner acknowledges that the development of the Property will create transportation, safety, and capacity needs on the Strander Boulevard access to the site. The Owner agrees to extend Strander Boulevard as a private road from the eastern terminus of Strander Boulevard right -of -way to the western edge of the Property as described in Exhibit A. The Strander Boulevard access to the Property shall include an at -grade crossing of both the Puget Sound Power and Light (PSP &L) and Union Pacific Railroad (UPRR) right -of -ways. The road shall have two (2) eleven -foot (11') lanes, curb and six foot (6') sidewalk along the north side, and a three foot (3') shoulder along the south side. The at -grade crossing of the 4 UPRR right -of -way shall be installed by UPRR per their standards. The private street, sidewalk, necessary utilities, railroad crossing, and miscellaneous improvements at Strander Boulevard over the PSP &L and UPRR right -of -ways will be at Owner's sole expense. The Owner will design the private road, sidewalk, and utility extensions to applicable City standards except for that portion crossing the UPRR right -of -way. An executed agreement for the crossing of the UPRR right-of- way shall be provided to the City prior to issuance of the building permit for the exhibition center facilities. The City will obtain a deed or the Owner will obtain an easement for the PSP &L 'crossing. The Owner shall be responsible for the purchase of right -of -way from PSP &L. The Strander Boulevard access /utility easements or permits shall be considered a secondary access to the facility. 2.4 48 Inc Diameter Storm Drainage Outfall The City acknowledges the need for design and construction of 48 inch diameter storm drainage outfall line from the Nelsen - Longacres storm basin, beneath the Burlington Northern Railroad track, and connecting to a catch basin on the Boeing - Longacres project. To accomplish the installation of the 48 inch outfall and control structure, the City agrees to have the owner design and install the outfall to the western terminus of the 48 inch storm line on the Boeing - Longacres site. The City agrees to reimburse the Owner for actual costs of the design and construction of the above - mentioned storm drainage improvements in an amount not to exceed $300,000.00. Reimbursement shall be made within thirty (30) days after receipt of invoices showing the true and accurate costs of design and construction work completed by the Owner. Reimbursable costs shall include: a) easement costs for the portion of the storm drainage crossing the northern 4.7 acres of the Northwest Expo Center project site, calculated at 50% of the appraised land value for the area encompassed in the easement; b) construction of the box culvert and retaining barrier under the Union Pacific Railroad track and the biofiltration swale and 48 inch outfall line under the Burlington Northern Railroad track to the tie -in with the 48 inch line on the Boeing - Longacres site; c) design engineering Section 3. Construction Work: All construction work performed by the owner under the terms of this agreement must be approved to the satisfaction of the City and in accordance to City- adopted standards. Likewise, the City shall not reimburse the owner for work the owner has performed until that construction has been approved and accepted by the City. Section 4. Entire Agreement: This Addendum together with City Agreement No. 94 -063 as entered into on March 28, 1994 shall represent the entire agreement and any other modifications, revisions, additions, or deletions to said Agreement prior to this Addendum shall be null and void. CITY OF TUKWILA: (10% of total costs); d) construction engineering (15% of total costs); e) general contractor fee (10% of total costs); and, f) other reasonable costs associated with the public storm drainage improvements. A permit to install the 48 inch culvert beneath the Burlington Northern Railroad will be prepared by the owner and obtained by the City. The City shall arrange for easements and access to work on the Boeing property. ATTEST /AUTHENTICATED: )2 cYJane E. Cantu, ' ity Clerk APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY: B 6 s , By � Stuart Wod, President McLeod Devel • pment Company OWNER: STATE OF WASHINGTON COUNTY OF KING I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No. 1, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses urposes mentioned in this ins ent. DATED: 0 , 19h l/11.) u81R6" Notary Public in and for the S : of Washington, residing at: pen- My Commission Expires ss STATE OF (DC COUNTY OF ss I certify that there appeared before me a person that I know or have satisfactory evidence was STUART MCLEOD, who signed this ADDENDUM No. 1, on oath stated that they are authorized to execute the instrument and acknowledged it, as the President of McLeod Development Company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED O3 r 11 , 19% 4.2..l1eiek Pme: scr Notary Public in and for the State of Washington, residing at: My Commission Expires I a-' /Lo - 11, 8 City of Tukwila Washington Resolution No. /,3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON APPROVING THE INCLUSION OF THE NORTHWEST EXPO CENTER IN THE LIMITED CITY ENTERPRISE DEVELOPMENT ZONE. WHEREAS, the City of Tukwila desires to provide incentives for the development or redevelopment of certain properties within the City of Tukwila jurisdictional boundaries in order to provide public benefits for its citizenry; and, WHEREAS, the City Council established the policy and process for review and inclusion of such development in City of Tukwila Resolution No. 1342; and, WHEREAS, McLeod Development Company's proposal to build known as Northwest Expo Center, was reviewed and evaluated under Resolution No. 1342; and, WHEREAS, the City finds that the Northwest Expo Center meets Limited City Enterprise Development Zone in that it: a. Is consistent with the cities Comprehensive Plan; b. Provides complementary benefits which would facilitate business development such as hotels and restaurants, and develops vacant property; c. Provides economic enhancement since it is a public assembly facility which would provide n e w jobs and promote secondary business activities which would utilize hotels, restaurant and related businesses located in the City and the region; and, d. Would provide direct and measurable new revenues to the City which is supported by a determination of the Finance Director. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO HEREBY RESOLVE AS FOLLOWS: Section 1. The proposal by McLeod Development Company to build the Northwest Expo Center is hereby qualified for inclusion under Resolution No. 1342 in the Limited City Enterprise Development Zone and is entitled to receive considerations for City of Tukwila participation in the public infrastructure improvements required to construct this proposed development. Section 2. The specific terms and conditions for City participation in the public infrastructure improvements required to construct the Northwest Expo Center shall be set forth by Agreement between the City of Tukwila and McLeod Development Company subject to the approval of the Tukwila City Council. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this .9 > 1-6 day of 77 etita , 1996. an exhibition center in Tukwila, the policy guidelines established in the requirements for inclusion in a Pam Carter, Council President 9404131437 6200 801MICENTER BLVD. TUNNUA, WA 98188. WHEREAS, Owner THIS AGREEMENT is made DEVELOP'ER'S AGREEMENT WITNESSETH received a Mitigated Determination of Architectural Review approval Building Construction Permit for Property (hereinafter referred to and. 1 A & FILE # __ —e°_ DATE 3 and entered into on 3 - _.. ? corporation between the City of Tukwila. a Washington municipal (hereinafter referred to as "City "). and McLeod Development Company (hereinafter referred to as "Owner "). real property in Exhibit A, and "Property" and is Railroad (''BNRR ") from approximately the centerline of consisting of the WHEREAS. Owner owns and /or leases certain the City, which is legally described in hereinafter referred to collectively as the generally located between Burlington Northern and Union Pacific Railroad ( "UPRR ") tracks, 760 feet south of the proposed extension of Strander Boulevard. then north to 1405; and portion of the Puget Sound Power & Light ( "PSP &L ") right -of - way generally situated between I405 and South 158th Street and the portion of the FSP &L right - of - way generally situated between the Embassy Suites . parking lot and approximately 250 feet south of the proposed centerline of Strander Boulevard; and made application to the City for SEPA Review: of Nonsignificance and Board for Land Development and an exhibition center on the as "Northwest Expo Center"); ; WHEREAS, the resulting change in potential use of the Property will create associated impacts and create certain benefits for the City and Region; and WHEREAS, the development of the Property will necessitate extensions of City sewer and water limes; and WHEREAS, the development of the Property will require additional public storm drainage systems to accommodate development drainage and improve the existing drainage system serving this City storm drainage basin; and WHEREAS, the development of the Property will create a reed for vehicular access from West Valley Highway via Strander Boulevard and South 158th Street, and additional future public right - of - way; and WHEREAS. the development of the Property will create an N— O—) increase of vehicular traffic on Tukwila and adjoining City of Renton .public right -of - way; Cr) mat NOW, THEREFORE, in consideration of the mutual benefits and mad Q7. conditions hereinafter contained, the parties hereto agree as follows: 1. RESPONSIBILITIES OF OWNER 1.1 SEPA Mitigation Requirem As a part of the development of the Northwest Expo Center on the Property, the Owner agrees to provide the SEPA mitigation requirements through conditions of this Developer's Agreement or as shown on the final approved development plans. All construction shall meet City standards, other mitigation or SEPA issues required by the modified mitigated determination of non - significance dated October 1991. 1.2 Site Storm Drainage :5 y.s:tem The Owner acknowledges that the proposed development will have an impact on the storm water facilities in the area of the Property. The Owner acknowledges further that this Property will be benefitted from the installation of a 48 inch diameter outfall from the Nelsen Longacres Drainage Basin ( "Basin ") which will be constructed through the embankment beneath the BNRR tracks and provide a connection between the system shown on the Northwest Expo Center plans (KCM Nelsen Longacres Drainage plan) and the lins, as shown on sheet 101 of the Customer Service and Training Center Site Development. Southwest 16th Street Improvement, 48 inch Storm West of Southwest 16th Street, plans dated October 1992, on the Boeing property in the City of Renton. 1 . 3 Drainage _Ea: ements The Nelsen L.ongacres Storm Drainage Basin shall drain to the 48 inch diameter BNRR under- crossing and through the Southwest 16th Street line to the F-1 interceptor channel. Drainage easements Cr) ) •d- connecting from South 158th Street to the westerly boundary of Cr') the BNRR railroad undercrossing, where the 48 inch diameter quilt outfall crosses beneath the BNRR. and further north to the I405 O •oit right-of from the BNRR under - crossing will be needed. The Owner shall dedicate an easement for drainage across the Property from South,158th Street to the 48 inch outfall, to the BNRR undercrossing and an easement from the 48 inch outfall undercrossing north to I405. as shown in Exhibit B. The Owner shall prepare an easement from BNRR, and the City shall obtain are easement from BNRR, for routing the 48 inch storm line and casing beneath the BNRR. The City acknowledges that the dedication of the easements on Owne'r's property is for storm drainage and benefits the entire Basin drainage system. including Owner's property. The value of the Owner's easements shall be allowed as a credit to the assessments as levied against the Property in related LID Agreements. The credit amount shall be at one -half the appraised value of fee simple property within the dedicated easement. If 3 no LID is formed, the Owner shall be provided a Latecomer Payment Agreement. 1. aite,rvigf4 Sewer to serve the Property will be constructed by the Owner at Owner's expense to meet City standards connecting into the City manhole on the southwest corner of Parcel 2 in Exhibit A. 1.5 Site Water Service The Owner recognizes the need to provide City water service to the Property. A 12 inch water line will be constructed providing a loop between the existing Seattle Water Department tap and the West Valley 12 inch water line. This water facility shall be constructed at the Owner's expense and dedicated to the City pursuant to a City Standard Utility Extension Agreement. The water loop system shall mitigate the difference in pressures between the systems. 1.6 Water and Sewer Easements Water and sewer easements shall be provided by Owner along the western edge of the property northerly to the extension of South 158th Street (Longacres Access Easement) and westerly in the Longacres easement to the east end of the South 158th Street right-of The Owner shall pay for easements for the extension of the water line and other utilities to . serve Property right easement utilities easement across the PSP&L, the UPRR and City of Seattle (CRP #4) ways. The City shall actively pursue the issuing of permits to install the City water line and other following application by Owner. See water and utility map - Exhibit C. Owner acknowledges that the proposed development will have an impact on the water facilities in the area cif the Property. Owner acknowledges further that this Property will be benefitted 4 by connection to these water facilities which provide new service to the Property. 1.7 Transportation Impacts - City of Tukwila Owner acknowledges that the development of the Property will create additional vehicle traffic in the City. The Owner agrees to contribute a suin not to exceed $343.853.00 for the construction of transportation improvements to mitigate its traffic impacts. These moneys shall pay for off -site intersection improvements within 200 feet of the intersections, except 1 . 7 (a) . as identified in the SEPA document and as follows: a. Interurban Avenue /Grady /405 $185,000.00 ti b. West Valley /S. 156th Street $ 43,000.00 Cr") mck c. West Valley /S. 158th Street $ 47,000.00 Cr d. West Valley /Strander Boulevard $ 30,000.00 e. West Valley /S. 180th Street $ 38,853.00 O One -half of these off -site traffic and road mitigation contributions will be paid to the City at the time of issuance of the Building Permit for the Northwest Expo Center. The other half will be paid at the time of, and is a condition to issuance of the facility's Certificate of Occupancy. Amounts deposited. plus interest received by the City, shall be refunded to the Owner within six years of issuance of Building Permit if improvements to correct identified impacts are not constructed. 1 . 9 Transport Impacts - City .__ol_ Renton The Owner acknowledges that the development of the Property will create increases in City of Renton transportation needs due to additional vehicle traffic identified in the SEFA document. The Owner agrees to contribute an additional sum not to exceed $187,122.00 for the construction of transportation improvements to mitiaate its traffic impacts in Renton. These moneys shall pay for either capacity or intersection improvements as follows: a. 180th Street - $162.729.00 b. Grady Way - $ 24,393.00 The transportation impact mitigation fees shall be used specifically for transportation improvements on the routes listed. One-half of the off - site road mitigation contribution will be paid to the City of Renton at the time of issuance of the Building Permit for the Northwest Expo Center. The other half will be paid at the time of issuance of, and is a condition to, the facility's Certificate of Occupancy. If the City of Renton Valley Transportation Plan update occurs after the issuance of the Building Permit or Certificate of Occupancy and the calculation of impacts is less than set forth Cr") above, any difference shall be refunded to Owner. Under no circumstances shall the Renton mitigation contribution by the Cr) Owner be increased. The total amount deposited plus interest mat received by Renton for the South 180th Street improvements or •q14.4 O Grady Way improvements or both shall be refunded to Owner within six years of the issuance of the Building Permit, if either or both of the improvements are not constructed. 1.10 South 158th Street Improvements to Public Standards The Owner acknowledges that the development of the . Property pursuant to the permits will create transportation safety and capacity needs on South 158th Street to serve the site. The Owner agrees to .improve South 158th Street between West Valley Road and Nelsen Place as shown on plans for Street Improvement, South 158th :'street (SR 181 to Nelsen Avenue) . October, 1986, provided by the ' ty. excluding those improvements made by Embassy Suites. The $47,000.00 allocated in Item 1.7 shall be applied to and used for these improvements. If costs are more than the $47.000.00 allocated. Owner will pay the additional cots. The Owner also agrees to improve the Longacres Access 6 1.11 Trii_:,p >rtti .n. Im.Pcts,_- __Pdtrian Owner acknowledges that the development of the Property will create increases in transportation need for pedestrian traffic improvements. The Owner agrees to construct a 15 foot wide trail section, whose width may be adjusted at power pole locations, within the PSP &L right -of -way on a mutually agreed upon location. The limits of the trail section shall be in that PSP &L right -of- way. north of a line approximately 250' south of the proposed centerline of the Strander Boulevard extension and south of I405 on which the Owner has previously obtained lease agreements. 0 The Iriterurbar,. Trail design on the PSP &.L 15 foot right -of -way shall be accomplished by the City and plans and details furnished to the Owner as needed. The trail shall be built in accordance with designs furnished by the City or the City may charge the Owner for all construction expenses, ' including administrative costs and overhead, to bring the trail into conformity with City design. easement from Nelsen Place to the Northwest Expo Center (whose beginning is the easterly boundary of the FSP &L) to City Street Standards. The Owner agrees to complete these South 158th Street road improvements prior to. and is a condition of the issuance of the facility's Certificate' of Occupancy. The construction of the interurban Trail shall occur with the construction of the parking areas to be constructed on the F'SF&L ComPletion of the Interurban Trail shall occur prior to the issuance of, and is a conditin f the Certificate of Occupancy. •7 1.12 Strander_._Boulevard Improvements t<:?_. Public_Standard.s Owner acknowledges that the development of the Property will create transportation safety and capacity needs on Strander Boulevard to serve the site. The Owner agrees to improve Strander Boulevard between West Valley Road and the PSP &.L right - of -way to City standards, excluding improvements made by Taco Bell. The $30,000.00 allocated in Item 1 . 7 (d) shall be applied to and used for these improvements. If costs are more than the $30.000.00 allocated, .=Owner will pay the additional costs. The Owner shall extend Strander Boulevard as a private road from the eastern terminus of Strander Boulevard right -of -way to the western edge of the Property as described in Exhibit A. Strander P� Boulevard access to the Property shall include an at -grade Cr') crossing of both the PSP &L and UPRR right -of - ways. The road will et- M have 2 - eleven foot lanes with curb and 6 foot sidewalk on the .014. north, 3 foot shoulder on the south, and an at -grade crossing as CD installed by UPRR. The private street, sidewalk, necessary mole CT) utilities, railroad crossing, and miscellaneous improvements at Strander Boulevard over PSP &L and UPRR will be at Owner's sole expense. The Owner will design the private road. sidewalk, and utilities extensions to applicable City standards, except on UPRR property. Are executed agreement for crossing the UPRR will be submitted to City prior to issuance of the Building Permit for the Northwest Expo Center. The City will obtain a Deed or Owner will obtain an easement for property crossing PSP &L. The Owner shall be responsible for the purchase of right -of - way from P5F &L. The Strander Boulevard access; utilities easements or permits shall be considered a secondary access to the facility. 1 . 13 . Future ..exn.der,._Boulevard Public_ Roadway _Extension The Owner acknowledges the intent of the City to create a through street by extending 3trarider Boulevard to the western boundary of the City of Renton. A 60 foot right -of - way has been reserved for the public street. The Owner agrees not the protest the 8 extension of Strander Boulevard and further agrees to sell the reserved 60 foot right -of-way for $1.82 per square foot as a condition of a re - zone. Any purchase of right -of - ways which occur as a part of the Private road access Item 1.12) shall apply as a dollar - for - dollar credit to any future LID to extend Strander Boulevard. 1.14 Future Event Traffic :litigation The Owner agrees to work with the City on an on -going basis, as described in this section. to mitigate through operating measures, any unanticipated traffic safety and capacity impacts resulting from special everts at the Property. A Northwest Expo Center staff /advisor with pedestrian traffic. Work and does not authorize construction. performed by Owner under Professional Traffic Engineering will work with the City representing the Northwest Expo evaluate problems. determine solutions, and facilitate expertise Center to solution implementation for regular re- occurring event related traffic in the vicinity of the Northwest Expo Center site. The work is to include necessary coordination with Metro, WSDOT, Tukwila Police, Washington State Patrol, Tukwila Fire Department, neighbors and others involved in particular traffic control and access plans that will provide mitigation of Northwest Expo Center traffic impacting safety and capacity of other vehicle and revisions to manual traffic control, special event signing. special event signal operations and implementation, the communication with effected or permitting agencies or neighbors and similar operational measures. This section, Section 1.14 new fees solutions may include plans and 1.15 Owrier' s _ liti!_at1_on. Obligatit ;ris The payments, easements, work and all other obligations this Agreement constitute.Own` r s ful 9 for intersection work or to U SEPA and other code mitigation requirements for the utilities. streets and other infrastructure covered in this for development of the Property as the Northwest Expo Center. 2. RESPONSIBILITIES OF CITY 2 . 1 Benefited Area and Assessments - Facilities The City acknowledges water line extensions and storm drain easements and improvements, including regional detention/ biofiltration which will be constructed by Owner, will directly benefit other property in the Nelsen Place Basin not owned by the Owner and which cannot be legally described until the extent of the improvements has been determined. Pursuant to RCW Chapter 35.91 or other applicable law. the Owner agrees to develop and the City agrees to approve and adopt, with any appropriate changes. a Latecomer's Agreement. The Latecomer's Agreement shall be designed to reimburse Owner for its costs on a pro rata basis and to assess any other owner or developer of real Cr) 'wet estate who will use the water and drainage improvements. The Crl Agreement is to be drafted by the Owner. modified, if mct appropriate. and approved by the City at the time the facilities CD are turned over to the City for City review and approval. The CT) pro rata share for any one parcel of real estate contained within the benefited area shall be proposed by the Owner subject to approval by the City. The pro rata share for each parcel shall be shown on exhibits to be attached to the Latecomer's Agreement. The City agrees to pay Owner all sums collected. if any, pursuant to the Latecomer's Agreement within sixty (SO) days after receipt thereof. Reasonable costs of administering the Agreements shall be charged to other properties. Payments shall be made until the total of said payments equals the cost of constructing the facility less Owner's pro rata share, or fifteen years from the date of the Latecomer's Agreement, whichever occurs first. 2.2 Nelsen Place Improvements The City shall fund the installation of curb & gutter, and adjust storm drainage and in -fill paving on the easterly street section of Nelsen Place between South 158th Street and South 156th Street. If the Owner installs the improvements pursuant to a City request. the City shall make payment within 30 days following completion of work. 2.3 Strander Boulevard - Union Pacif ic Railroad Undercrossink The City acknowledges the benefit to have a UFRR undercrossing project completed as a part of the larger effort to connect Strander Boulevard from West Valley Road to Southwest 27th Street in Renton. ti C• mot' The City has selected the routing of Strander Boulevard extension Crl by reserving a route across the Northwest Expo Center property. O ' CT) The City can form LID's for roads and utilities servicing properties within the City, and the City agrees to form a Strander Boulevard Undercrossing LID in either of the following circumstances: a. Termination by UPRR The City recognises that the Strander Boulevard access to the Northwest Exhibition Facility is a private, at -grade railroad crossing which may be terminated by the UPRR. If the at -grade UPRR crossing agreement is terminated at any time after the Northwest Expo Center construction begins or has been completed, the City agrees to form a Phase One Strander '2.oulevard -UPRR Grade 'Separation LID. Phase One LID shall be formed in a timely manner to construct a minimum 2 lane Ilndercrossing. The Owner agrees not to protest the formation of LID. isle , LI b. Traffic Conflicts If in the operation of the Northwest Expo Center there appears to be safety, traffic, ingress /egress conflicts, or other impacts judged to be reasonable by the City, which might be better resolved with a Strander Boulevard -UPRR undercrossing, the Owner and City may mutually agree to form a Phase One LID, with a petition from Owner. "Phase One" LID means an undercrossing of UPRR of a two lane street with a minimum 13' -6" clearance. When forming any Phase One LID, the City will contribute to the LID a preliminary engineering design report, purchase of the right -of -ways, bridge and road design, specifications, estimates, permits, and a contribution not to exceed $300,000.00 towards construction cost. Construction cost occurring greater than the aforementioned contribution will be secured through the formation of the LID. The City agrees to work with the Owner or Owner's representative during the design and construction to minimize disruption and confirm that the interest of both parties are met as far as possible. The City will place the Strander Boulevard -UPRR project on its Six Year CIP, and a design report for the entire Strander Boulevard Extension will be programmed for 1996, subject to adoption by the City Council. The City shall begin the Strander Boulevard Extension Design Report prior to the the formation of any LID. Owner retains its rights under law to contest the amount of the assessment allocated to the Property but Owner expressly waives any rights to protest formation of the Phase One LID. There is presently, and will be needed in the future, an at -grade crossing of the UPRR for over - height vehicles to service the existing utilities between the BNRR and the UPRR as well as to allow access to the Northwest Expo Center for over - height loads. 12 The City agrees to incorporate in the Strander Boulevard extension Design Report alternatives for a continuous at -grade crossing at a mutually agreeable location, as reviewed by UPRR, PSP &L, Metro, Olymic Pipeline, City and Northwest Expo Center. 2.4 48 Inch Diameter Storm Drainage Outfall The City acknowledges the need for design and construction of a 48 inch diameter storm drainage outfall line from the Nelsen - Longacres storm basin, beneath the BNRR track, and connecting to a catch basin on the Boeing - Longacres project (Southwest 16th Street). To accomplish the installation of the 48 inch outfall and control structure, the City agrees to have the Northwest Expo Center design and install the outfall to the Boeing Project 48 et- inch terminus, as a part of the overall Northwest Expo Center Cr) Project, with a reimbursement for actual cost not to exceed .11t $300,000.00 from the City within 30 days after the actual cost O mod billing for design and construction is recieved by the City. Q') A permit to install the 48 inch culvert beneath the BNRR will be prepared by the Owner and obtained by the City. The City shall arrange for easements and access to work on Boeing property. 3. NON- WAIVER - EXTENSIONS Failure of either party to insist on the strict performance of the terms of this Agreement shall not be construed as a waiver or relinquishment of that party's right thereafter to strictly enforce any such term, but the same shall continue in full force and effect. 4. BINDING EFFECT This Agreement shall be binding upon the parties, their respective heirs, legal representatives, assignees, transferees and successors. This Agreement runs with the land, but this Agreement shall terminate automatically if Owner does not develop 13 5. RECORDING This Agreement shall be recorded with King County and cost of said recording shall be paid by the Owner. (or abandons development of) the Property as an exhibition center Owner shall be entitled to receive Latecomer payments as stated in Section 2. This Agreement may only be amended by written agreement of the parties. Each party warrants that it has the authority to enter this Agreement. 6. ATTORNEY_FEES in the event that either party shall commence litigation against the other in order to enforce any term or condition of this Agreement, the prevailing party in such litigation shall be entitled to recover its costs. including reasonable attorney C fees. Cr, 7. EFFECTIVE DATE O �) The responsibilities of the Owner under this Agreement are contingent upon the issuance of the requested approvals for the . Froject. No obligation will arise until the issuance of such approvals and Owner's decision to start construction of the Northwest Expo Center on the Property. If Owner elects to proceed with any of the improvements set forth herein before the issuance of such approvals and after installation of the improvements elects to abandon its development then, and only then will Owner and its successors and assigns be entitled to the benefits related to Latecomer's Agreements set fort in this Agreement, provided such improvements are approved and accepted by the City. 3, CO +. P I O N y The c parties agree ± o mutually ::::)operate rate to imF: implement this Agreement and each party shall take all reasonable actions Necessary to accomplish the purposes of this Agreement. CITY By By T�KWILA OWNEP T ATTEST /AU TITLE ENT ►e E. Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY A ORNEY: B y 15 Stuart McLeod, 7 esident McLeod Development It By Its STATE OF WASHINGTON ) • ss COUNTY.OF KING ) I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this DEVELOPER'S AGREEMENT, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: r Y1A. . Z c( . 19 !`1 Notary Publuic in and for the State Washington, residing at r, My Commission Expires 0 16 STATE OF WASHINGTON). SS COUNTY OF KING On this \ day of c.- eUCwt,‘ , 19C14 , before me, the undersigned, a Notary Public in and fok the State or was Yiington, duly commissioned and sworn, personally appeared G 0 1\Ac• - tN , to me known to be the President of McLeod Development, a Washington corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument and that the seal affixed (if any) is the corporate seal of said corporation. _ WITNESS MY HAND AND OFFICIAL SEAL heret• aff . ,-" the and year in the certificate above -wri' -n.. zee 14fr OFFICIAL NOTARY SEAL DONALD L MILES Notary Public STATE OF WASHINGTON My Commission Expires AUG 14.1995 17 NOTARY PUBLI in and for the State of Vashington, residing at ,1 U e. 1 t c, My commission expires 4 YL ct BXHIBIT A Legal Descriptions Parcel /1 Tax Lot 242304 - 9034 -02 4.70 Ac DESCRIPTION: That portion of Government Lot 8 in Section 24, T23N, R4E, WM, and the Henry Meader D.C. No. 46 in said Section 24, described as follows: Beginning on the east line of the Chicago Milwaukee and St. Paul Railway right -of -way 137 feet south of the north line of said Henry Meader D.C. No. 46; Thence easterly and parallel to said north line of the D.C. 285.54 feet, more or less, to the west line of the Northern Pacific Railway right -of -way; Thence northerly and northwesterly curving to the left along said west line of the right -of -way 916 feet, more or less, to the southerly line of the Renton Junction County Road No. 1139 (South 153rd Street); Thence south 80 °49' west along said southerly line of County Road 80.7 feet, more or less, to the easterly line of said Chicago Milwaukee and St. Paul Railway right -of -way; Thence southerly along said line of right -of -way 881 feet, more or less, to the beginning; 18 Together with that portion of vacated South 153rd Street adjoining, which upon vacation attached to said property by operation of law; Except portion thereof conveyed to the State of Washington for Primary State Highway No. 1, Jct. SSH 2 -M to Jct. PSH No. 2 in Renton, by deed recorded under Recording No. 55077460; Situated in the City of Tukwila, County of King, State of Washington. 19 Parcel #2 Tax Lot 000580- 0013 -03 9.60 Ac A permanent easement for access and utilities in the SW 1/4, Section 23 and the NW 1/4, Section 25, T23N, R4E, WM, in the City of Tukwila; Said easement described as the westerly 22 feet and the easterly 22 feet of the westerly 275 feet between the Seattle Water Department C.R.P.L. #4 and the access easement from South 158th Street, and the South 158th Street access easement of the parcel of land described as: ti C Cr) That portion of Henry Meader Donation Claim No. 46 in Section .ezt 24 and 25, T23N, R4E, WM, lying west of the BNRR right -of -way, east Cr; of the Oregon - Washington Railroad and Navigation Company right-of- way and south of a line 137 feet south of the north line of said donation claim and north of the City of Seattle Bow Lake pipe line right -of -way; Situated in the City of Tukwila, County of King, State of Washington. Parcel #3 Tax Lot 000580- 0021 -03 DESCRIPTION: 9.15 Ac All that portion of Government Lot 11 and all that portion of Henry Meader Donation Claim No. 46 in the north 1/2 of the northwest 1/4 and that portion of the southeast 1/4 of the northwest 1/4 all situated in Section 25, T23N, R4E, WM, bounded as follows: On the west the Chicago, Milwaukee and St. Paul main track center line as located and constructed, as conveyed by deed recorded under Recording Nos. 453941 and 453943; ti Cr) "ucr On the east by a line drawn parallel with and distant 50 feet Cr) westerly measured at right angles to BNRR Company's old main line �d CD track center line as now located and constructed; 0 On the south by a line drawn parallel with and distant 330 feet southerly at right angles to the south line of said Government Lot 11; On the north by the south margin of the City of Seattle, by deed recorded under Recording No. 4131067; Except that portion thereof, described as follows: Beginning at a point on the south line of said Donation Claim and the east margin of the Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; 21 Thence easterly a distance of 120 feet along said south line of said donation claim; Thence northeasterly measured at right angles to said south line a distance of 80 feet; Thence westerly parallel with said south line to said easterly margin of said Chicago, Milwaukee, St. Paul and Pacific Railroad right -of -way; Thence southerly along said railroad right -of -way to the point of beginning; Except all coal and minerals and the right to explore for and ti Cr7 mine the same, as conveyed by deeds recorded under Xing County Cr) Recording Nos. 8404050908 and 8404050909; gme Q% Situated in the City of Tukwila, County of Ring, State of Washington. ♦. . i • r 0 O 1 1 ° fll ♦. H.I. t 1 3 11.19 S"4 v J C• 44 � �J Jf .♦JO 1 1 1 1 I I 1 1 11 10 . ESMT I t N m O) UPRR — 1,1 — r O t o k `Kati 'N11.A. T in a" • IER ,SEATTLE & TACOMA P. S. E. R. R R 148 NI - 140 1 1= s Yc00 Y O ♦ AO •M SA 7.// C. M. SL P. S P. & UNION PACIFIC RR. (JOINT USE �M,LA C,T♦ L,MITJ A 4 1. 1 r • ABA I INTN C N Ping ^ ) IILA C,ry L,Ms?I i - TON 08.0 4010 148710 CITY LIMIT) 007 K1 . 090. 000.4048 .1 439 ,009 ,S(018 41 *A 1326.16 'L.—I L L.-L...8. r.A1.10 Ar IfL,/+. Ir /rAT• ro 1324.66 � r 7 � O 'lc rot I ±1 8. N. I. j 1 , 1 JACKSON AVE SW ( 7SM AIM s•) epos ( PUMT ♦.409 311tOste •.. m. s111A.1J4) BNRR SEE SE ?A - 23 - 4 0 1 M O 1. ^J ,. ,0% C. M. ST. P. O P. S UNION PACIFIC RR. N . S6 -301 SE 24 -23 JACKSON TA A d 4 o•+ AVE SIN o. W A/ 0 . 07.4119 607.10 1326.1 Z v plo . L1 i (NA NLT •„1`) 11s•.I A) 1324.6 - INF .N Nom. iii •••• 4/////// .47 pSP &L RR 7 •I• MU /764 fwd # ff 1325.e0 Peat 10' ESMT C.M.ST a•P a uMON N. P. RR An PI JOJ1 Aft • JI••1•.. •7.yt/I.Ir.•w f..•. sM• • - � • ••� /i..r #117:••••• • fM•/ !VIP 1•0•C• %AV aro") • 3 • i t I t 0 0 ©! zli+UL I J 14if I w 1.• I i %• FORMER SEATTLE a TACOMA P. S. E. R. J It • N/ •Al .}.N aft., . 4 •• • •••NN C. M ST P. a P e UNION PACIFIC RR. (Jaw UY) 1326.14 tr� _ 4 o r A ZI Ow i .Nf r•IMM. •Y •mr• reef •• NN R 1 0 m —1 13t4.SS G .1 ) N I • r r ) i C assay ;10 ESMT N.[•YILI CITY LMITS 0 • ' 1 CIIV�i� TA -y pNTYN IQ1 I 1 1 L /RR Iy•J _ TUIg•IU CITY 4..I•I1, l 7pN OfC 4,40 0. N 1 ' 1 � 1 . . I :1 Q %Se um env Lour) N /O O .•!f •f III( I�1 aNN� • I (w /J soar. A4/. <WM. 000 4041 1 ► -� 1 (PU•OT kilo• JACKSON AVE SW 1 1,TN w STATE OF WASHINGTON COUNTY OF KING ss I certify that there appeared before me persons that I know or have satisfactory evidence were JOHN W. RANTS and JANE CANTU, who signed this ADDENDUM No. 2, on oath stated that they are authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of the City of Tukwila, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: 5 /'i , 1921 M,1%1/4_No Public in and for the State of Washington, residing at My C ission Expire /4 /! N «44 � �a ?/arc i; y, 4