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HomeMy WebLinkAboutSpecial 2026-01-26 Item 2E - Contract Amendment #2 - Starfire Commons Construction with Starfire SportsCity of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 5.A. & Spec 2.E. Agenda Item Starfire Contract Amendment #2, RE: Agreement #03-058 Sponsor Brandon Miles Mayor's Office Legislative History January 26, 2026 Committee of the Whole January 26, 2026 Special Meeting Recommended Motion ❑ Discussion Only 0 Action Requested MOVE TO Approve Amendment 2 to contract with Starfire Sports EXECUTIVE SUMMARY Starfire Sports has requested an amendment to the Agreement in place for the use of Fort Dent Park. The amendment would allow for the construction of 8,150 square foot building at the Park. All other terms would remain in place. DISCUSSION The City of Tukwila acquired Fort Dent Park in 2003 as part of King County's divestment of park facilities within incorporated cities (Tukwila Contract #03-034). The City then leased the property to Starfire Sports for 40 years (Tukwila Contract #03-058). Starfire constructed improvements on the property including the main building (which includes two indoor soccer fields), outdoor synthetic soccer fields, and other improvements at the park. Starfire is responsible for the daily operations at Fort Dent Park. Per the City's 2003 agreement, the City maintains an outdoor bathroom in the north part of the field, the parking lots, and also pays the leasehold tax on the property. Starfire is requesting the City allow for the construction of an 8,150 square foot building near the westside of the existing buildings. Starfire's formal request is attached with this memo. Pursuant to Section 4.15.6 Starfire needs the City's permission to make "material alternations to the premises." It has been the City's past practice to bring material alterations to the City Council through a formal amendment process, as done in 2008 when the softball/baseball fields were converted to soccer fields. The new building will not expand Starfire's capacity but will simply create a better environment for teams playing games in the stadium and for fans viewing the game. Any construction at Fort Dent Park is challenging due to the presence of the shoreline environment and floodplain. The proposed amendment, if approved, is the City acting as the property owner. Starfire is subject to obtaining full regulatory approval from the City, State and Federal agencies. A draft amendment is attached for the City Council's review and consideration. Note exhibit "B" is a new site plan showing the proposed building. Staff would like to add this exhibit after construction is completed in order to show the final location of the new building. The City asks that the Mayor be authorized to execute the amendment in a final form approved by the Mayor and City Attorney. FINANCIAL IMPACT Complete for all items with fiscal implications Disclaimer: Final terms and scope of work subject to review by the City Attorney 4 Expenditures: Fund Source: • Expenditure - Budgeted $ Revenues(if applicable): N/A © Expenditure - Unbudgeted • Expenditure - Grant -Funded • Revenue — One -Time (e.g. $N/A asset sale, surplus equipment) • Revenue - Ongoing Contractor (if applicable) Starfire Sports Scope of Work Reference exhibit, or briefly explain service being provided Amount N/A Duration 2nd amendment expires if building permit not submitted by 6/30/2027 or construction not completed by 12/31/2028. Additional Comments: the leasehold tax on the property. The new building may be subject an additional payment from the City's general fund. The City has paperwork to the State of Washington Department of Revenue tax. The City is responsible for paying to leasehold tax, which could be requested that Starfire Sports submit to pursue an exemption from the ATTACHMENTS • Draft Amendment #2 • Letter from Starfire Sports for January 12, 2026. • Conceptual Plans, Not Approved or Part of the Actual Agreement 5 Wipe January 12, 2026 City of Tukwila Attn: Mayor Thomas McLeod 6200 Southcenter Boulevard Tukwila, WA 98188 Re: Request for Written Consent to Construct Starfire Commons Pursuant to Section 4.15.6 of the Concession Agreement Dear Mayor McLeod, Starfire Sports ("Starfire") hereby submits this formal request for the City of Tukwila's prior written consent pursuant to Section 4.15.6 (Alterations of Premises after Construction) of the Concession Agreement between the City of Tukwila and Starfire Sports ("Agreement"). Starfire proposes to construct a new building known as Starfire Commons, consisting of approximately 8,150 square feet, within the existing Premises at Fort Dent Regional Park. The Building is being built in conjunction with and to support the Stadium Field which was contemplated in Exhibit C of the Concession Agreement. The proposed improvement constitutes a material alteration to the Premises and therefore requires the City's prior written consent in accordance with Section 4.15.6 of the Agreement. The proposed building will be used for peiiuitted and mission -consistent activities under the Agreement for the enjoyment of Tukwila residents and will be: • Fully financed by Starfire without cost, obligation, or financial liability to the City. • Designed and constructed in compliance with all applicable City zoning, peiiuitting, and code requirements. • Integrated within the existing Starfire campus in a manner consistent with park use and access. • The entire building will not be built in any portion of the 125-foot buffer zone. By this letter, Starfire respectfully requests that the City provides written consent or written denial of the proposed Alterations of Premises after Construction as contemplated by Section 4.15.6, which provides that such consent shall not be unreasonably withheld. We request this letter no later than January 20, 2026. We appreciate the City's consideration and look forward to continuing our cooperative relationship under the Agreement. Sincerely, Eric Olmstead President & CEO "To deliver inclusive, world -class soccer experiences and social programs that inspire, encourage, and empower youth and families in our community." C- 425.922.0534 • 0- 206.267.7417 • E- eric©starfiresports.com • VV- www.starfiresports.com 6 [Document Recording Cover Sheet] SECOND AMENDMENT TO AGREEMENT #03-058 This Second Amendment to Agreement ("Second Amendment") amends that certain Agreement entered into effective the 1st day of March, 2003, by and between the City of Tukwila, a Washington municipal corporation ("City"), and Starfire Sports, a Washington not - for -profit corporation ("Starfire") (collectively, "the Parties"), recorded under King County Recording Number 20030317001798 and known as Agreement #03-058 ("Agreement"), as amended by the First Amendment to Agreement, recorded under King County Recording Number 20080815001318 ("First Amendment"). WHEREAS, the Parties have determined that it is in their mutual interest to further amend the Agreement and First Amendment thereto as set forth herein. Accordingly, the City and Starfire agree as follows: 1. New Exhibit "B," Preliminary Building & Site Plan A new exhibit "B" is incorporated into the Agreement as shown on the attached document marked as Exhibit B. 2. Amendment to Exhibit "C," Starfire Sports FACILITIES Exhibit C to the Agreement is hereby amended to add the new text underlined and strikeout below: The FACILITIES will be comprised of 13 athletics fields, consisting of an athletic center building housing two indoor soccer fields, and associated facilities, a Starfire Commons building of approximately 8,150 square feet west of the existing stadium, one outdoor soccer stadium field, six outdoor soccer fields, and four or more softball fields and other athletic and recreational facilities that may be developed in conjunction therewith. The FACILITIES may provide on the PREMISES for a range of field sports and community events, including but not limited to soccer, softball and baseball, rugby, lacrosse, and cricket. 3. Expiration of Amendment #2 This Second Amendment shall expire if Starfire has not submitted a complete building permit to the City's Department of Community Development for the construction of an approximately 8,150 square foot building by June 30, 2027, and if construction of said building is not completed by December 31, 2028. 7 4. Compliance with Development Standards. Starfire shall obtain all required permits from the City and other governmental entities that have regulatory authority over the construction of the Starfire Commons building. In no way does the approval of this Second Amendment provide any assurance or guarantees regarding the approval of any required permits. Starfire further agrees that the entire Starfire Commons building shall be placed outside of the 125-foot shoreline buffer area. 5. No Other Modifications. Except as specifically modified by this Second Amendment, the Agreement is unaltered and remains in full force and effect. Dated this day of , 2026. APPROVED AS TO FORM: City Attorney ATTEST: City Clerk STARFIRE SPORTS A not -for -profit Washington corporation By: Eric Olmstead Its President and CEO CITY OF TUKWILA a Washington municipal corporation By: Thomas McLeod, Mayor 8 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the mayor of 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 Washington municipal corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. GIVEN under my hand and official seal this day of , 2026. (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me Eric Olmstead, to me known to be the person who signed as President and CEO of STARFIRE SPORTS, a not -for -profit Washington corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said not -for -profit corporation, for the uses and purposes therein mentioned, and on oath stated that said individual is authorized to execute said instrument. GIVEN under my hand and official seal this day of ,2026. (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 9 R , . , , ' . • ---SHOriELTNE DES/GNAT/ON ZONE s \ ',....°,‘ ss P op.R.Y3 ., . 333—SOFT BUFFER PROM EASE/WENT ‘ ,.. ° , „, s , .. P- .. --EASEMENT 2003 PER RECC)RD CAD /s . 3 3'333PF 0, op V3 mARK / , a ... .' /7/ ‘,„ ' '' " ° , /3/ ,.././ \\/,/,./ \ \ (/'/' : T" SHEET NOTES: .ss,. rIsu,s:rlys,?p,msAsTeuzEssAvrE,n,s,E,No.rs,s-0—,--s— oN,ss REsER so FIDEFO ruERmtv.mELTRNonz=2=uvrtmzu—ss X GZEELrE'S N OPIEUNES I REFER ' =7, s„sE,THEsE CORRESPOND TO KEYNOTES: JACKSON I MAIN STARFIRE CLIENT ADDRESS STARFIRE COMMONS `:03) 00) 0)0 00 ra0)0) SITE PLAN A1.00 10 ;1Y 600 AS' La ENLARGED SITE PLAN rn, I 0 z N 0/ 5° :JJ8''7't eil: by SHEET NOTES: KEYNOTES: 02. 3.3 EXISTING CONCRETE RETAINING WALL EXISTING ELECTRICALVAULT EXISTING SANITARY SEWER PUISP STATION EXISTING GENERATOR ON CONCRETE PAD EXISTING POWER VAULT EXISTING C ONCRETE VAULT JACKSON I MAIN APCILITELGIATpE NOT rUrOENI=TION STARFIRE CLIENT ADDRESS STARFIRE COMMONS 0) 0) 0) 00) 0)0 00 La'La' 0_ ENLARGED SITE PLAN A1.01 11 O O D E STAR 1 0 ft INICITIELO 1 7 II /7 START OF FIELD FLOOR PLAN- LEVEL 01 SHEET NOTES: KEYNOTES: laH. u.cf HIGH HEN JACKSON IMAM J STARFIRE CLIENT ADDRESS STARFIRE COMMONS FLOOR PLAN - LEVEL 01 A2.01 12 SHEET NOTES: nc A n t Vic by° it . EMI EMI KM KM ME KEYNOTES: STA II FLOOR PLAN- LEVEL 02 JACKSON IMAM J STARFIRE CLIENT ADDRESS STARFIRE COMMONS FLOOR PLAN - LEVEL 02 A2.02 13 SHEET NOTES: ELEVATOR STAR 1 lVJ ESE 178 SF VIE®crc 7,247 SF KEYNOTES: FLOOR PLAN- LEVEL 03 JACKSON IMAM J STARFIRE CLIENT ADDRESS STARFIRE COMMONS FLOOR PLAN - LEVEL 03 A2.03 14 SHEET NOTES: A O O O E F �II KEYNOTES: 11'0 ROOF PLAN JACKSON IMAM J STARFIRE CLIENT ADDRESS STARFIRE COMMONS ROOF PLAN A2.04 15 0BUILDING ELEVATION - WEST 0 BUILDING ELEVATION - EAST 11111111111, NG ELEVATION - SOUTH 0 BUILDING ELEVATION - NORTH (�I.Illl11111111111111111 ��ld) e 0 R� LEV% LEVE115,92, / /1111,1, LEVELio SHEET NOTES: MATERIAL LEGEND: KEYNOTES: JACKSON IMAIN J STARFIRE CLIENT ADDRESS STARFIRE COMMONS EXTERIOR ELEVATIONS A3.01 16 CORRIDOR 704 SF 22 BUILDING SECTION - EAST -WEST 704 SF 0BUILDING SECTION - EAST -WEST CONCESSIONS UNISEX RR BUILDING SECTION - NORTH -SOUTH STORAGE IVICRVIELD LOCKER ROOM STAIR 3 LOCKER ROOM PI VIEVV DECK MICRO FIELD VIEVV DECK COACH'S LOCKER ROOM ROOM VIEVV DECK COACH' OCHE ROG LOCKER ROOM MICRO FIELD UTILITIES ROOM V SHEET NOTES: o1 7,50 e o Ro� v2 LEVEL-0 JACKSON AMAIN J U) STARFIRE COMMONS CLIENT ADDRESS BUILDING SECTIONS A4.01 17