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HomeMy WebLinkAboutReg 2008-08-18 Item 6 - Public Hearing - Multi-Family Condominium Project with Mastero Properties COUNCIL AGENDA SYNOPSIS y S Itritialr ITEM NO. o 1 Meeting Date Prepared by 1 Mayors review 1 Council review tts‘ 'o 1 08/11/08 1 )P■ I h 1 L I- 1 177.7 +`a.=" 08/18/08 I ]P 1- I 1 (o q- 7908 1 C� f4 1 1 I ITEM-INE-ORMATION CAS NUMBER: 08-098 I ORIGINAL AGENDA DA 1E: AUGUST 11, 2008 AGENDA ITEM TITLE A resolution authorizing the Mayor to enter into a Development Agreement with Mastro Properties for a multi family condominium project. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 08 -11-08 Ibftg Date Ibltg Date 08/18/08 Alts Date Illtg Date Illtg Date 08/18/08 IlMtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S Development Agreement with Mastro Properties for a multi family condominium project. SUMMARY REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 07/28/08 RECOMMENDATIONS: SPONSOR /ADIrN. Consideration and discussion by Council COM.rrrlEE Unanimous Approval; Forward to Committee of the Whole COSTJMPACr FUND S_O_URCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG DATE 1 OF-COUNCIL ACTION 08/11/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 08/11/08 Informational memorandum dated 8/6/08 Draft resolution with attached Develoment Agreement with Mastro Properties 1 2006 Development Agreement with Fountain Park Design schematics for the previously approved project Minutes from the Community Affairs and Parks Committee meeting of 7/28/08 08/18/08 Resolution in final form with attached Development Agreement cc!_ a 1 i ;o% C ity of Tuk Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH MASTRO PROPERTIES FOR THE DEVELOPMENT OF A MULTI -FAMILY CONDOMINIUM PROJECT. WHEREAS, the City previously entered into a Development Agreement with Fountain Park, LLC, for the development of a mixed -use, owner occupied residential project at the property located north of Longacres Way /south of I405 and between Union Pacific Railroad and BNSF Burlington Northern Santa Fe Railroad tracks, described as King County Tax Parcel Number 2423049037; and WHEREAS, that agreement was duly executed as Contract No. AG06 -097, and recorded with the King County Recorder's Office Recording Number 20061120001126; and WHEREAS, since construction of Fountain Park development did not commence, the Fountain Park Development Agreement expired; and WHEREAS, Mastro Properties subsequently acquired the property by deed in lieu of foreclosure; and WHEREAS, the City and Mastro Properties now mutually agree to enter into a Development Agreement to proceed with the development as contemplated in the Fountain Park Development Agreement and agree to be bound by its terms and conditions; and WHEREAS, on August 18, 2008, the Tukwila City Council held a public hearing to consider this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Sect 1. The City Council approves and hereby authorizes the Mayor to execute the Development Agreement with Mastro Properties, attached hereto, and made a part hereof by reference. Section 2. The City Clerk is hereby directed to record a fully- executed copy of this Development Agreement with the King County Recorder's Office. Section 3. This resolution shall become effective immediately upon its adoption. PASSED BY THE C1"1'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Council Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Joe Duffie, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: Attachment Development Agreement with Mastro Properties C:\Documents and Settings \Alt Users \Desktop1Ke11}'MSDATA Resolutions \Tukisila Station Mastro Properties.doc MD :ksn 8/1212008 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 PROPERTI KS "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: \Documents and Settings\christy\My DocumentsWastroDevAar.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 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: 111. 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 follotivs: 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. B. Conditional use peuliit approved by the City's Planning Commission on April 29, 2005. File Number L05 -014. Page 2 of 7 C: \Documents and Settings \christy\My DocumentsVVlastroDevAer.doc 3.6 Previously Agreed Upon Terris. 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 peinianent parking purposes the Union Pacific Site. This conveyance shall be detailed in a faunal 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 peiuianent parking on the Union Pacific Site. This pemianent parking shall be in confouuiance 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 confomnance 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 temiinated 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, Page 3 of 7 C: \Documents and Settings\christy\ivly Documents\MastroDevAgr.doc assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the temis 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 perfoini 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 teitn or provision in this Agreement, or the application of any tens 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 tei_nis 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 teilnination 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/Disnute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the teens 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. 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 tennis and provisions of this Agreement. Page4of7 C: \Documents and Settings \christy\My Documents\MastroDevAgr.doc 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 teuiis 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. Nothing Agreement shall be construed to diminish, 3 Police Power. I�othin in this .l g gr restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Page 5 of 7 C: \Documents and Settings\christy\My Documents`lvfastroDevAgr.doc 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 Approved as to Foini: Shelley Kerslake, City Attorney 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. Printed Name: NOTARY PUBLIC in and for the State of Washington Residing at: My commission expires: Page 6 of 7 C: \Documents and Settings \christy\My Documents\MastroDevAgr.doc STATE OF WASHINGTON ss: COUNTY OF KING 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 7 of 7 C: \Documents and Settings \christy\My DocumentsVvlastroDevAg .doc 1 Exhibit A 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 POR770N OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SEC770N 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 77-1E 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 SEC770N 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 77-1E 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 77-IE 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 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 GENIERLINE OF LONGACRES WAY, THENCE S8T07'47 "W ALONG SAID CENTERLINE 239.32 FEET TO 77-1E CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE NO337'43 "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 0644'42 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 EXHIBIT `A' Pacific 15445 53RD AVE_ S., SEATTLE, WA 98188 Engineering PHONE PROJECT NO.: 08006 (220) 431 7970 DRAWN BY: CJs Design, LLC (2os) 3aa ,548 ISSUE DATE 07 -23-08 .£e S EXHIBIT 1 Civil Engineering and v PACENG.C OM PAGE 1 OF 1 Planning Consultants 08005EX —A LEGAL DESCRP.OWG kIIBIT B1 PROPOSED LEGAL. DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY MASTRO 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.'CHICAGOOMILWAUKEE ST.•PAUL.. AMD PACIFIC RAILROAD} LOCATED IN THE SOUTHWEST QUARTER OF SECTIQN TOWNSHIP. 23 NORTH{ "BANGS 4 EAST,- W.M., IN COUNTY, 2. WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY, "NUMBER.1. 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