Loading...
HomeMy WebLinkAboutReg 2008-06-16 COMPLETE AGENDA PACKET �J! :s y a Tukwila City Council Agenda ti :I j REGULAR MEETING +6s a Jim Haggerton, Mayor Councilmembers: Joan Hernandez Pam Linder Rhonda Berry, Y C Administrator Dennis Robertson Verna Griffin Joe Duffie, Council President Kathy Hougardy De'Sean Quinn Monday, June 16, 2008; 7 :00 PM Ord #2206 Res #1662 1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL 2. SPECIAL Introduction of new Tukwila Municipal Court employees: Amy Miller, Administrative PRESENTATION Support Technician, and Julie Tran, Administrative Support Assistant. 3. CITIZEN At this time, you are invited to comment on items not included on this agenda (please COMMENT limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. CONSENT a. Approval of Minutes: 5/27/08 (Special); 6/2/08 (Regular) AGENDA b. Approval of Vouchers. 5. BID Award a contract to Northwest Playground Equipment for purchase of Codiga Park Pg.1 AWARD picnic shelter and other park amenities in the amount of $43,990.35 (see 6/9/08 C.O. W.). 6. PUBLIC An ordinance providing for the acquisition of land for the purpose of constructing the Pg.3 HEARING Tukwila Urban Center Access Project. 7. UNFINISHED a. Fireworks permits (see 6/9/08 C.O.W.) Pg.19 BUSINESS 1. Approve a fireworks permit submitted by Tom Whitacre for a fireworks display at the All Nations Cup event at the Starfire Sports complex on June 22, 2008. 2. Approve a fireworks permit submitted by Tom Whitacre for a fireworks display at the Family Fun at the Fort event at the Starfire Sports complex on July 4, 2008. b. A resolution declaring surplus the playground equipment located at Fort Dent Park. Pg.21 c. An ordinance providing for the acquisition of land for the purpose of constructing the Pg.3 Tukwila Urban Center Access Project. d. A resolution adopting a six -year Transportation Improvement Program for 2009 -2014. Pg.25 e. Authorize the Mayor to sign an agreement with Fehr and Peers /Mirai to provide Pg.35 transportation modeling services in conjunction with the City's Concurrency Management Program in the amount of $32,453.00 (see 6/9/08 C.O. W.). f. Authorize the Mayor to purchase emergency management equipment in the amount Pg.37 of $61,000.00 to include: (see 6/9/08 C.O.W.) 1. Two Disaster Emergency Response Trailers to provide shelter supplies for 100 workers. 2. One emergency water distribution system., 3. Thirteen American Red Cross ten person disaster supply kits. 4. Twenty -seven Eton /American Red Cross NOAA weather radios. 8. NEW BUSINESS A motion that the Council approve the Agreement for Reimbursement #08 -036) and Pg.39 the First Addendum between the City and La Pianta LLC, regarding the Tukwila 205 Levee Repair Project and authorize the Mayor to sign the First Addendum. 9. REPORTS a. Mayor c. Staff e. Intergovernmental b. City Council d. City Attorney 10. MISCELLANEOUS 11. EXECUTIVE SESSION 12. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206 -433- 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. _--s... COUNCIL AGENDA SYNOPSIS y Initials ITEM No. P 1� 10 Meeting Date Prepared by -Mayor's review I Council review :-i c n 06/09/08 1 RS �J r O 1 06/16/08 1 RS yocs IVY ITEM INFORMATION CAS NUMBER: 08-069 I ORIGINAL AGENDA DXIE: JUNE 9, 2008 AGENDA ITI..M TrrI.E Bid award for purchase of Codiga Park picnic shelter and additional park amenities. C.\TI?GORY Discussion Motion n Resolution Ordinance Bid Award Public Heating Other Alts Date 06/09/08 tlltg Date 6/16/08 Aft Date AN Date Mtg Date Itg Date Mtg Date SPONSOR Cott ncd iVIayor I 1 Adm SvcJ DCD Finance Fire n Legal P&R Police 1 I Pl" SPONSOR'S Authorize Mayor to sign a Purchase Order with Northwest Playground Equipment, Inc. SUMMARY (State Bid Contract No. 14803) in the amount of $43,990.35 to purchase the Codiga Park picnic shelter and additional park amenities. Per the request of the Community Affairs and Parks Committee, the Codiga Park Landscape Plan is attached, including the picnic shelter design, and pictures of the various park amenities RI NII WI BY COW Mtg. CA &P Cmte F &S Cmte n Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. I Planning Comm. DATE: 5/27/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign Purchase Order COMIMI1TEE unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ERPI .NDITuRI'. REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $43,990.35.00 $45,000.00 Fund Source: 301.00.594.760.63.50 $40,331.87 (PAGE 7, 2008 CIP); 301.00.594.760.63.66 $3,139.64 Comments: (PAGE 11, 2008 CIP); 000.15,576,800.31 $518,84 (PAGE 78, 2008 BUDGET) MTG. DATE RECORD OF COUNCIL ACTION 6/09/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 6/9/08 Informational memorandum dated 5/20/08, with attached Equipment Quote Codiga Park Landscape Plan Codiga Park Picnic Shelter Design Park Amenities Minutes from the Community Affairs Parks Committee meeting of 5/27/08 6/16/08 No attachments COUNCIL AGENDA SYNOPSIS t0 —10 Initials ITEM NO. I gi Meeting Date j Prepared by J Af ayor's review j Council review 1 J 6/09/08 1 CK- _I_ 6/16/08 1 Ci( {acs Qf 1968 0 11/ kl 1 1 1 C- ITEM INFORMATION CAS NUMBER: 08-070 I ORIGINAL AGENDA DA FE: JUNE 9, 2008 AGENDA ITEM TITLE Tukwila Urban Center Access Project (Klickitat) Ordinance for Acquisition of Right -of -Way, Permanent Temporary Easements CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 6/9/08 Mtg Date ivItg Date Mtg Date 6/16/08 Mg Date Mtg Date 6/16/08 Il ttg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S Final design of the Tukwila Urban Access Project (Klickitat) is complete. Right -of -way, SUMMARY permanent easements, and temporary construction easements are needed along the project route in order to construct the proposed improvements. A Public Hearing is scheduled on June 16, 2008. The condemnation ordinance is the most expedient way to ensure certification of right -of -way and stay on the project's schedule. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE;: 5/28/08 RECOMMENDATIONS: SPONSOR /ADmmr. Approve ordinance. CONEVITIEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: 1 MTG. DATE I RECORD OF COUNCIL ACTION I 6/9/08 I Forward to next Regular Meeting 6/16/08 MTG. DATE I ATTACHMENTS 6/9/08 Information Memo dated May 9, 2008 Ordinance with Exhibits Transportation Committee Meeting Minutes from May 28, 2008 I 6/16/08 1 Ordinance in final form, with exhibits A 64 got 1908 C ity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING AND PROVIDING FOR THE ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE TUKWILA URBAN CENTER ACCESS PROJECT (KLICKITAT- SOUTHCENTER PARKWAY ACCESS REVISION) IN TUKWILA, WASHINGTON; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in order to maintain and improve existing public streets and to meet the current and future requirements and goals of the City of Tukwila Comprehensive Plan and related planning documents, it will be necessary for the City to acquire real property; and WHEREAS, the City of Tukwila will be reviewing and approving specific project plans, schedules and budgets for the Tukwila Urban Center Access Project (Klickitat- Southcenter Parkway Access Revision, Project Number 84 -RW19) (the "Project and WHEREAS, in order to complete the Project, it has been determined that the City of Tukwila must acquire the property and property rights described in Exhibit A for public use of public streets; and WHEREAS, the City of Tukwila is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to initiate eminent domain proceedings for the condemnation of the property; and WHEREAS, the City of Tukwila has commissioned appraisals to determine the fair market value of the properties and will continue to negotiate in good faith with the owners of the properties authorized to be acquired, with the intent of reaching agreement for the voluntary acquisition of the property for fair market value; and WHEREAS, the funds necessary to acquire the property by voluntary purchase or to pay just compensation adjudged due after condemnation shall be paid from City of Tukwila funds; and WHEREAS, following proper public notice, the City Council held a public hearing on June 16, 2008, regarding the acquisition of land for the Project pursuant to Chapter 8.12 RCW; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Public Use and Necessity Declared. The City Council of the City of Tukwila finds construction of the Project to be a public use, specifically the construction of public streets and public walkways providing for additional vehicular and pedestrian capacity. The City Council finds construction of the Project to be necessary and in the best interest of the citizens and motorists within the City of Tukwila. Section 2. Mayor Authorized. The Mayor is hereby authorized to negotiate and prepare such agreements as are customary and necessary for the acquisition of the real property interests described in Exhibit A, said property to be used for the public use of C:\Documents and Settins\Al Users\ DesktoppKelIy1MSDATAIOrdinancesiTUC Klickitat- Southcenter Condemnation.doc GL:ksn 6r6rzoos Page 1 of 2 construction of the Project. Execution of such final agreements by the Mayor shall occur only after approval by the City Council at an open public meeting. Section 3. Settlement. The Mayor is further authorized to settle condemnation litigation or enter administrative settlements (a settlement in lieu of initiating condemnation litigation) for the acquisition of the real property interests described in Exhibit A. Such settlements shall be made only upon the recommendation of legal counsel, for amounts deemed to be a reasonable estimation of fair market value, and shall be subject to final approval by the City Council at an open public meeting. Section 4. Condemnation. In addition to the authority granted to the Mayor in Sections 2 and 3 above, condemnation proceedings are hereby authorized to acquire property and property rights and /or rights of property described in Exhibit A. The Mayor is additionally authorized to make minor amendments to the legal descriptions of properties described in the attached Exhibit A, as may be necessary to correct scrivener's errors or to conform any legal description to the precise boundaries of the property actually acquired for construction of the Project. Condemnation of the property is subject to the making or paying of just compensation to the owners or possessors thereof, in a manner provided by law. Section 5. Compensation and Source of Funds. Compensation shall be made for the land taken and damaged. The funds necessary to acquire the property by purchase or to pay just compensation adjudged due after condemnation shall be paid from the City of Tukwila's Capital Improvement Program funds. Section 6. 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 7. 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 C11 Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Council Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A (12 pages) C:\Documents and SettinsWl Users\ Desktop \Kelly\MSDATA\OrdinanceATU;C Klickitat- Southcenter Condemnation. do GL:ksn 6/6/2008 Page 2 of 2 EXHIBIT A Page 1 of 12 TAX PARCEL 262304 -9021 RIGHT -OF -WAY TAKE THAT PORTION OF PARCEL 1, CITY OF TUKWILA SHORT PLAT NO. 77 -51 -55 (REVISED), ALSO KNOWN AS BOUNDARY LINE ADJUSTMENT NO. BLA -3 -79, RECORDED UNDER AUDITOR'S FILE NUMBER 7904180861, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE STREET CENTERLINE MONUMENT AT THE INTERSECTION OF SOUTHCENTER PARKWAY AND STRANDER BOULEVARD; THENCE EASTERLY ALONG THE MONUMENTED CENTERLINE OF STRANDER BOULEVARD SOUTH 88 °08'47" EAST FOR A DISTANCE OF 112.75 FEET; THENCE, NORMAL TO SAID CENTERLINE, SOUTH 01°51'13" WEST, FOR A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY MARGIN OF SAID STRANDER BOULEVARD, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 °41'58" WEST FOR A DISTANCE OF 12.83 FEET; THENCE SOUTH 46°19'11" WEST FOR A DISTANCE OF 59.94 FEET; THENCE SOU'T'H 02 °19'52" WEST FOR A DISTANCE OF 83.03 FEET; THENCE NORTH 87 °40'07" WEST FOR A DISTANCE OF 2.50 FEET; THENCE SOUTH 02 °19'52" WEST FOR A DISTANCE OF 155.39 FEET; THENCE SOUTH 00 °25'30" WEST FOR A DISTANCE OF 56.74 FEET TO THE SOUTH LINE OF SAID PARCEL 1; THENCE NORTH 88 °08'47" WEST, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 17.26 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY MARGIN OF SAID SOUTHCENTER PARKWAY AND THE END OF SAID LINE DESCRIPTION. h 'i: 1; ,1 1 tart c' E'.PIRES Prepared by NC 5/8/08 05725.11 EXHIBIT A MAP Page of 12 LEGACY PARTNERS I TULWILA LLC RIGHT OF WAY TAKE 112.75' y. S88'08'47 "E 562.49' BASIS OF BEARING A 58'47'46" "V--- R 50.00' 1 i so1.51'13 "w STRANDER BLVD 16'49'28" L 51 25.06' 30.00 R 30.00' j/� TPOB =8.81' NEW' 7/ 501 "W F 12.83` 42.50' i i v woa Q 3 w m n w rn° e w j PARCEL 1 a. CITY OF TUKWILA ce z i o/ t SHORT PLAT 77- 51 -55(R) Z o w 1 U Y N87'40'07 "W 1 2.50' 0 30 60 120 w EXISTING inswinaumememmonsostimi V) S`1• UTILITY EASEMENT Scale In Feet r 8 2623049021 z S0219'52 "W 155.39' r 1- G' EW ROW ��'a^" z z R s wJ z z ei 5.• a WAS m (j S00 W .4 _Z i t 56.74 .7 1 IL P w 23345 o ss, •18TER I N88'08'47 "W o k li [it'll 17.26' EXPIRES v ill' I SOUTH LINE PARCEL 1 1 I 1 750 Sixth Street South (P.----A-3-6-i Kirkland, WA 98033 p. 425.827.2014 f. 425.827.5043 Civil i Structural i Planning Survey An Engineering Services Company paceengrs.com SCALE: 1" 60' FILE: \5725 LEGACY.DWG DATE: 5 -8 -08 PROJ. NO.: 05725.11 EXHIBIT A Page 3 of 12 TAX PARCEL 262304 -9021 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL 1, CITY OF TUKWILA SHORT PLAT NO. 77-51-55 (REVISED), ALSO KNOWN AS BOUNDARY LINE ADJUSTMENT NO. BLA -3 -79, RECORDED UNDER AUDITOR'S FILE NUMBER 7904180861, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE STREET CENTERLINE MONUMENT AT THE INTERSECTION OF SOUTHCENTER PARKWAY AND STRANDER BOULEVARD; THENCE EAS'T'ERLY ALONG THE MONUMENTED CENTERLINE OF STRANDER BOULEVARD SOUTH 88 °08'47" EAST FOR A DISTANCE OF 112.75 FEET; THENCE, NORMAL TO SAID CENTERLINE, SOUTH 01°51'13" WEST, FORA DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY MARGIN OF SAID STRANDER BOULEVARD, BEING ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTH 01 °41'58" WEST FOR A DISTANCE OF 12.83 FEET; THENCE SOUTH 46°19'11" WEST FOR A DISTANCE OF 59.94 FRET; THENCE SOUTH 02 °19'52" WEST FOR A DISTANCE OF 83.03 FEET; THENCE NORTH 87 °40'07" WEST FOR A DISTANCE OF 2.50 k'EET; THENCE SOUTH 02 °19'52" WEST FOR A DISTANCE OF 155.39 FEET; THENCE SOUTH 00 °25'30" WEST FOR A DISTANCE OF 56.74 FEET TO THE SOUTH LINE OF SAID PARCEL 1; THENCE SOUTH 88 °08'47" EAST, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 159.27 FEET; THENCE NORTH 00 °00'00" EAST FOR A DISTANCE OF 12.40 FEET; THENCE NORTH 90 °00'00" WEST FORA DISTANCE OF 143.27 FEET; THENCE NORTH 02° 19'52" EAST FOR A DISTANCE OF 281.18 FEET; THENCE NORTH 46°19'11" EAST FOR A DISTANCE OF 60.03 FEET; THENCE NORTH 01 °41'55" EAST FOR A DISTANCE OF 18.94 FEET SAID SOUTHERLY RIGHT -OF -WAY MARGIN OF STRANDER BOULEVARD; THENCE NORTH 88 °08'47" WEST, ALONG SAID SOUTHERLY RIGHT -OF -WAY MARGIN, FOR A DISTANCE OF 15.00 FEET TO THE TRUE POINT OF BEGINNING; K7r. V 4, -v+ S I:, r 15 o, 6' 23345 1 EXPIRES .....4...-4... t Prepared by NC 5/8/08 05725.11 EXHIBIT A MAP Page4ofl2 501'51'13 "W LEGACY PARTNERS I TULWILA LLC 30.00' TEMPORARY CONSTRUCTION EASEMENT r e 112.75' 0 `~y.- 588'48'47 "E 562.49' BASIS OF SEARING A 58'47'46" 1 1PO�B 'x-49 R 50.00' 588'08'47 "E STRANDER BLVD A 16'49'28" L =51 3 �25_06'I 15.00' R 30.00' 1 4\ k 1. =8.81 N S01'41'S8 "W 18.94' J0 —42.50' P Pm 0 0 t S46'19'11 "W x w x co r i 60.03' W °w o. Y L11 3 t r Q I n PARCEL 1 a. a c) r:. CITY OF TUKWILA z 1, 1 f A SHORT PLAT 77- 51 -55(R) 07 I( Z w Ea 1 z U N87 40 07 W 1 2.50' 3 0 30 60 120 o 0 EXISTING cn UTILITY EASEMENT Scale In Feet o ,-S02'19'52 "W 2623049021 00 155.39' I- w (e)e..., g -AS ZNI b f fe z 0 ,-;-r- o W Q 0 z r n o•..".. „p 23345 �,.s 1 4% soo2530 w 0 56.74' s'••4.. STER I n f 1 .4L LAKE EXPIRE j S00'00 E N90'00'00 "E 143.27' V-12.40' \SOUTH LINE PARCEL 1 S88'08 47 "E 159.27 I I I 6 750 Sixth Street South Kirkland, WA 98033 p, 425.827.20141 f. 425.827.5043 Civil 1 Structural !Planning 1 Survey An Engineering Services Company paceengrs.COm SCALE: 1" 60' FILE: \5725- LEGACY -TCE .DWG DATE 5- 8 -08 PROJ. NO.: 05725.11 EXHIBIT A Page 5 of 12 TAX PARCEL 537920 -0282 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF THE PARCEL OF LAND WARRANTED TO THE MCDONALDS CORPORATION AS DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 20030117002162, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID PARCEL, BEING A POINT ON THE WESTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 °39'49" WEST, ALONG SAID WESTERLY RIGHT -OF -WAY MARGIN FOR A DISTANCE OF 41.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 °39'49" WEST ALONG SAID WESTERLY RIGHT -OF -WAY MARGIN, FOR A DISTANCE OF 224.86 FEET; THENCE SOUTH 89 °55'48" WEST FOR A DISTANCE OF 34.20 FEET; THENCE NORTH 00 °22'05" EAST FOR A DISTANCE OF 225.19 FEET; THENCE SOUTH 89 °31'32" EAST FOR A DISTANCE OF 35.36 FEET TO THE TRUE POINT OF BEGINNING. 1, t-e4 Off 6 -I 'i345 FXRI Prepared by NC 5/8/08 05725.11 EXHIBIT A MAP Page6ofl2 TAX LOT 537920 -0282 TEMPORARY EASEMENT STRANDER BLVD 3 in a 42.50 I N, W U m w o (2623049021 NE CORNER TL z 537920 -0282 41.54 TPOB- Z w N89`31'32 "W —I m 35.26' z 3 id w e w c 3 'v w 50' ACCESS N in ,N' a, EASEMENT O r EXISTING N N 7 :`i o a 2 N PARCEL 8 U) w Z CITY OF TUKWILA BSP L97 -0036 f (6437300020) `ti 144 42.50 1 4.4N N89'55'48 "E y A 4/17. 34.20') �0 100 200 z 36 Scale In Feet p J' 4' r sl 41 61 L LAKE S� EXPIRE 4 I" 750 Sixth Street South Kirkland, WA 980 PACE p. 425.827 f. 425.827.5043 Civil Structural I Planning I Survey An Engineering Services Company paceengrs.com SCALE: 1" 100' FILE: \5725 MCDONALDS.DWG DATE: 5— 8 -08 PROJ. NO.: 05725.11 EXHIBIT A Page 7 of 12 TAX PARCEL 643730 -0020 RIGHT -OF -WAY TAKE THAT PORTION OF PARCEL B, CITY OF TUKWILA BINDING SITE PLAN NUMBER L97 -003 6, RECORDED UNDER AUDITOR'S FILE NUMBER 9802041490, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL B, BEING A POINT ON THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 88 °08'47" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 17.26 FEET; THENCE SOUTH 00 °25'30" WEST FOR A DISTANCE OF 103.47 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS SOUTH 39 °02'25" EAST; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE FOR AN ARC LENGTH DISTANCE OF 37.67 FEET AND THROUGH A CENTRAL ANGLE OF 43 °09'44" TO THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY AND THE END OF SAID LINE DESCRIPTION. Y M'" L te N -il 94‘. 1`., 13 3 if; Prepared by NC 5/8/08 05725.11 EXHIBIT A MAP Page 8of12 CHA SOUTHCENTER LLC RIGHT OF WAY TAKE l i k 112.75' S88'08'47 "E 562.49' BASIS OF BEARING M I s01'S1'13 "w 30.00' STRANDER BLVD 1 Y r' S01'41 `58 "W a 42.501 119111 "W S46'19'11 M 59.94' 3 W cc S02'19'52 "W 1 2 83.03' (2623049021 iii M X \N87'40'07 "W o b w 2.50' o EXISTING z UTILITY EASEMENT S0219'52 "W I w w (155.39' f Z z f S00'25'30 "W W z 56.74' 1 M 0 Z m 0 0 Q 1 NORTH LINE PARCEL 8 Pi i ce ACCESS 588'08'47 "E EASEMENT rn 17.26' EXISTING 07 0 N_S00'25 "W 0 50 100 200 103.47' PARCEL B 8 r, NEW ROW CITY OF TUKWILA Scale In Feet S.F. BSP L97 -0036 1 o p er, (6437300020) o �tMAN 9 2 42.501— Qi q� t s` �Y j WAS '+').1.44 J D 43'09'44" W ESC if. Z R 50.00' i L 37.67' a 1 Vii= 23345 J' �iCNAL.. I I 1 1 EXPIRES of lau li t -1-1 mlimm c m mi ii) 750 Sixth Street South Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil I Structural I Planning 1 Survey An Engineering Services Company paceengrs.com SCALE: 1" 100' FILE: \5725— CHA— RW— TAKE.DWG DATE: 5 -8 -08 PROJ. NO.: 05725.11 is EXHIBIT A Page 9 of 12 TAX PARCEL 643730 -0020 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL B, CITY OF TUKWILA BINDING SITE PLAN NUMBER L97 -0036, RECORDED UNDER AUDITOR'S FILE NUMBER 9802041490, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS; COMMENCING AT THR NORTHWEST CORNER OF SAID PARCEL B, BEING A POINT ON THE EASTERLY RIGHT-OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 88 °08'47" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 17.26 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 159.27 FEET; THENCE SOUTH 00 °00'00" EAST FOR A DISTANCE OF 155.12 FEET; THENCE SOUTH 90 °00'00" WEST FOR A DISTANCE OF 145.64 FEET; THENCE NORTH 00 °00'00" EAST FOR A DISTANCE OF 35.85 FEET; THENCE NORTH 23 °58'32" EAST FOR A DISTANCE OF 29.27 FEET; "THENCE NORTH 00 °02'06" WEST FOR A DISTANCE OF 72.69 FEET; THENCE NORTH. 89 °59'30" WEST FOR A DISTANCE OF 25.58 FEET; THENCE NORTH 00 °25'30" EAST FOR A DISTANCE OF 24.99 FEET TO THE TRUE POINT OF BEGINNING. 9 e e e 4 4 4 4 ,N 5 S tt 1 r ,,_.ve __Lty 0 y f" j I 7 7'.\ l) t G1 'i d'c" Pik `eft n�.'......... EXPIRES -4" N. NV. SAS Prepared by NC 5/8/08 05725,11 EXHIBIT A MAP Page 10 of 12 TAX LOT 643730 -0020 TEMPORARY EASEMENT 1 1 NEW ROW I (2623049021 TPOB 17.28' S89'S9'30 "E r' 1 25.58' w w /7 588'08'47 "E 159.27' d= 50 Li rn w a N ACCESS Q t z °z EASEMENT 5 3 La U 1 E ISTING r Y ce m w m n Q d 0 m� ar z a I.) PARCEL B W m c:O cITY OF TUKWILA w I—, BSP L97 -0036 b z m /7// o W z 6437300020 Q -I o 1 N23'58'32 'E cn 0 j I 29.27' V) X AREA 22,251 J S Q J FT N90'00'00 E 145.64' N00'00'00 "E 35.85' :XISTING UTILITY 1 42.50' 1— EASEMENT 3 w t o a 1#,� o s o z I �J.•'•�j WAS •••`CY S o to f ti 1 i •oi -__jf 1 0 25 50 100' v ,p,,, 23345 a, f ifr Scale In Feet `I'AL ∎7 sh EXPIRES 750 Sixth Street South 11(11°P1 Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil 1 Structural 1 Planning 1 Survey An Engineering Services Company paceengrs.com SCALE: 1 50' FILE: \CHA– TEMPORARY,DWG DATE 5– 8 -08 PROJ. NO.: 05725.11 EXHIBIT A Page 11 of 12 TAX PARCEL 643730 -0020 PERMANENT EASEMENT THAT PORTION OF PARCEL B, CITY OF TUKWILA BINDING SITE PLAN NUMBER L97 -0036, RECORDF,D UNDER AUDITOR'S FILF. NUMBER 9802041490, RECORDS OF KING COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL B, BEING A POINT ON THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 88 °08'47" EAST, ALONG THE NORTH LINE OF SAID PARCEL B, FOR A DISTANCE OF 17.26 FEET; THENCE SOUTH 00 °25'30" WEST FORA DISTANCE OF 24.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING AT SOUTH 00 °25'30" WEST FOR A DISTANCE OF 78.48 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 50.00 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS SOUTH 39 °02'25" EAST; THENCE SOUTHERLY AND WESTERLY ALONG SAID CURVE FOR AN ARC LENGTH DISTANCE OF 37.67 FEET AND THROUGH A CENTRAL ANGLE OF 43 °09'44" TO THE EASTERLY RIGHT -OF -WAY MARGIN OF SOUTHCENTER PARKWAY; THENCE SOUTH 00 °39'23" WEST, ALONG SAID EASTERLY RIGHT -OF -WAY MARGIN, FOR A DISTANCE OF 19.23 FEET; THENCE SOU'T'H 89 °26' 13" EAST FOR A DISTANCE OF 7.11 FEET; THENCE NORTH 00°39'14" EAST FOR A DISTANCE OF 13.00 FEET TO A POINT ON A NON TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 40.09 FEET FROM WHICH A RADIAL LINE OF SAID CURVE BEARS SOUTH 89 °55'45" EAST; THENCE NORTHF,RLY AND EASTERLY ALONG SAID CURVE FOR AN ARC LENGTH DISTANCE OF 18.59 FEET AND THROUGH A CENTRAL ANGLE OF 26 °33'58 THENCE SOUTH 88 °34'04" EAST FOR A DISTANCE OF 21.07 FEET; THENCE NORTH 23 °58'32" EAST FOR A DISTANCE OF 29.27 FEET; THENCE NORTH 00 °02'06" WEST FOR A DISTANCE OF 72.69 FEET; THENCE NORTH 89 °59'30" WEST FOR A DISTANCE OF 25.58 FEET TO THE TRUE POINT OF BEGINNING. t' C. Y 0 1 17 1 1A C•XPI Prepared by NC 5/8/08 05725.11 EXHIBIT A MAP page 12 of 12 TAX LOT 643730 -0020 PERMANENT EASEMENT 1 1 1 NEW ROW 1 17.26' S 88 08 471- 2623049021 La co z o 0 S89'59'30 "E I- L a 25.58' 50' ACCESS 1 EASEMENT R EXISTING R n 3\ CL a in 0 \o\ o n cn 500'02'06 "E PARCEL 8 W R= 50.00' 0 x 72.69' CITY OF TUKWILA I— L= 37.67' BSP L -0036 Z 16=43'09'44" 1 \Q S23'58'32"W U 29.27' (6437300020) T a S88'34'04 "E I-- 1 21.07' O N0039'23 "E \1S82'i9'47"E R= 40.09' Vi 19.23 RADIAL L -18.59 I L= 26'33'58" N89'26'13 "W 7 7.11' S00'39'14 "W 13.00' ZXISTING UTILITY 1 42.50' 1•- EASEMENT 3 w o 1' w P o y C' s 0 z► py.. A0. o 1 .N7.-•< t 7/ w. i 0 X W:�� z w i i 1 b 0 25 50 100 ��'�s ��'c E �f a: Scale In Feet fo 1 AL LAH� s 4 EXPIRES j/, l •1 1:6 k -.....---islio 750 Sixth Street South Kirkland, WA 98033 p. 425.827.20141 f. 425.827.5043 Civil 1 Structural I Planning 1 Survey An Engineering Services Company paceengrs.com SCALE: 1" 50' FILE: \CHA- PERMANENT.DWG DATE: 5- 8 -08 PROJ. NO.: 05725.11 1 I I CO UNCIL AGENDA SYNOPSIS J:.......,_�gsyf Initials ITEM NO. izc,1 4 1 4y` 9 Aleeting Date 1 Prepared by 1 Mayor's review I Council review 1 -all� 06/09/08 DT 1t4 r .��c 0_ 06/16/08 DT ,OCS 1808 I I 1 1 l 1 1 ITEM INFORMATION I CAS NUMBER: 08-067 'ORIGINAL AGENDA Dx F: JUNE 9, 2008 AGI. :ND:\ ITI at TIME Fireworks Permits for the Family 4 at the Fort and All Nations Cup Soccer events. C \'I'I;,GORY Discussion Motion Resolution Ordinance Bid Award Public Hearing n Other lltg Date 06/09/08 Mfg Date 06/16/08 Altg Date Mtg Date Altg Date il(3 Date Altg Date SPONSOR Council n Mg Adm Svcs n DCD Finance Fire U Legal PAR Police Mr SPONSOR'S Applications have been received for two public fireworks displays at Starfire Sports SUMMARY complex: One is for the closing of the All Nations Cup event on June 22, 2008, and the second is for the Family 4 at the Fort event on July 4, 2008. This is the same pyrotechnician that has done the 4 of July show since the City took over sponsorship of this event. The All Nations Cup will use the same pyrotechnician the City has used and will have a shorter display as part of their closing ceremony on June 22. RI XII?WI .D BY U COW mtg. n CA &P Cmte F &S Cmte Transportation Cmte n Utilities Cmte I I Arts Comm. Parks Comm. Planning Comm. DA I'E: 6/3/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Permits COM irl'1'i E unanimous Approval; Forward to Community of the Whole COST IMPACT FUND SOURCE EXPI?NDrrURI: RI QUIRF,D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 06/09/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 06/09/08 Informational memorandum dated 05/28/08 Interoffice memo of 06/05/08 Informational memorandum dated 5/28/08 regarding All Nations Cup Permit including permit conditions, aerial map, and permit application with insurance Informational memorandum dated 5/28/08 regarding Family 4 Permit including permit conditions, and permit application with insurance Letter dated 5/28/08 to City of Renton Fire Department Tukwila Municipal Code 8.12 and corresponding RCW references Minutes from the Finance Safety Committee meeting of 6/3/08 Ub /ib /U8 No attacnments ".TI1LA, yy` COUNCIL AGENDA SYNOPSIS k �sy Initials ITEMNO. —1 I P 1 ry I illeetin� Date j Prepared by (tilayor s, review Council review Q: ∎;I i O s D 1 06/09/08 I RS 1 1 06/16/08 1 RS /LOGS IV b 1 1 1 1 ITEM INFORMATION I CAS NUMBER: 08-068 I ORIGINAL AGENDA DATE: JUNE 9, 2008 AGENDA IT1. :NI TITLE Fort Dent Playground Equipment Disposition. C.\TI.G()RY Discussion Motion Resolution Ordinance Bid Award Public Heating Other AI Date 06/09/08 ditg Date Altg Date 06/16/08 Alts Date llts Date Altg Date lltg Date !SPONSOR Council Mayor Adm Svcs DCD 1 l Finance Fire n Legal P6R Police n PW SPONSOR'S The Fort Dent playground equipment was replaced in May of 2008. The 1996 Landscape S1 MMI:\RY Structures playground equipment has been removed, and this equipment needs to be declared as surplus to officially be removed from our Capital Equipment Inventory. The Council is being asked to approve a Resolution declaring the equipment surplus. BY COW Mtg. ®CA &P Cmte F &S Cmte ❑Transportation Cmte g P Utilities Cmte Arts Comm. Parks Comm. I Planning Comm. DALE: 5/27/08 RECOMMENDATIONS: SPONSOR /ADMIN. Declare Capital Equpment surplus. COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE ExPI?N1)ITURI RE(QUIRI;D AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: 301.00.594.760.63.71 (PAGE 12, 2008 CIP) Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 6/09/08 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 6/09/08 Informational memorandum dated 5/20/08 Resolution in draft form Minutes from the Community Affairs Parks Committee meeting of 5/27/08 6/16/08 Resolution in final form 1 J yam o. 1908 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING SURPLUS THE PLAYGROUND EQUIPMENT LOCATED AT 14800 STARFIRE WAY, FORT DENT PARK, AND AUTHORIZING ITS DISPOSAL. WHEREAS, the City of Tukwila owns the 1996 Landscape Structures Playground Equipment located at 14800 Starfire Way, Fort Dent Park; and WHEREAS, the 1996 Landscape Structures Playground Equipment at Fort Dent Park is obsolete and no longer needed by the City of Tukwila's Parks and Recreation Department; and WHEREAS, the City of Tukwila Parks and Recreation Department recently purchased replacement playground equipment for Fort Dent Park; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The Tukwila Parks and Recreation Department's 1996 Landscape Structures Playground Equipment, located at 14800 Starfire Way, Fort Dent Part, is hereby declared surplus. Section 2. Mayor Authorized to Dispose of Equipment. The Mayor is hereby authorized to initiate disposal of the playground equipment described in Section 1 above. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a 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 Attomey Resolution Number: C:1Documents and Settings\All Users} Desk't op' KelIy 1MSDATAUtesolutions\Surplus Play_gound Equipmentdoc BF:ksn 6/62008 Page 1 of 1 COUNCIL AGENDA SYNOPSIS of Initials ITElYI NO, A 4 Ili MMleeting Date Prepared by 1 Mayor's re ii w I ('ounczl review I t f 6/09/08 1 R c 6/16/08 1 R V J CS J '.,,rsoa I v (.1/ 1 1 d ITEM INFORMATION CAS NUMBER: 08-066 I ORIGINAL AGENDA DATE: JUNE 9, 2008 AGENDA ITEM TITLE Six -Year Transportation Improvement Program 2009 2014 CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 6/09/08 Mtg Date Mtg Date 6/16/08 Mtg Date Mtg Date Mtg Date 6/09/08 Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S The Transportation Improvement Program (TIP) is required by RCW to be updated SUMMARY annually. A Public Hearing is scheduled on June 9, 2008 for the 2009 2014 TIP. After the Public Hearing, the TIP is adopted by resolution and is then incorporated into the Regional and State TIPs. The TIP is primarily a fi nancial planning document for projects competing for grants. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA FE: 5/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Hold a Public Hearing and adopt resolution for the 2009 2014 TIP. COMMITTEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/09/08 Forward to next Regular Meeting 6/16/08 MTG. DATE ATTACHMENTS 6/09/08 Information Memo dated May 21, 2008 Resolution Draft 2009 2014 TIP Current 2008 2013 TIP Transportation Committee Meeting Minutes from May 28, 2008 6/16/08 Resolution in final form �J- 0 O t ,GPs.,; .Z F :-ai rU1a O 3 19088 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM (2009 2014), AND DIRECTING THE SAME TO BE FILED WITH THE STATE SECRETARY OF TRANSPORTATION AND THE TRANSPORTATION IMPROVEMENT BOARD. WHEREAS, pursuant to the requirements of RC\'V Chapters 35.77 and 47.26 as amended, the City Council of the City of Tukwila has previously adopted a Transportation Improvement Program and thereafter periodically modified said Transportation Improvement Program by resolution; and WHEREAS, the City Council has reviewed the work accomplished under said program, determined current and future City street and arterial needs and, based upon these findings, has prepared a Six-Year Transportation Improvement Program for the ensuing six calendar years (2009 2014); and WHEREAS, on June 9, 2008 a public hearing was held regarding the City's Six-Year Transportation Improvement Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Program Adopted. A six-year Transportation Improvement Program for the calendar years 2009 -2014 is hereby adopted. Section 2. Filing of Program. The City Clerk is hereby authorized and directed to file a copy of this resolution, together with the exhibit attached hereto, with the Secretary of Transportation and the Transportation Improvement Board of the State of Washington. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Council Meeting thereof this day of 2008. ATTEST /AUTHENTICATED: Joe Duffle, 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: Exhibit: City of Tukwila's Six-Year Transportation Improvement Program from 2009 to 2014 C: \Documents and Setting \All Users Desktop Kelly MSDATA Resolutions TIP 2009- 2014.doc GL:ksn 6/6/2008 Page 1 of 1 o C N 0)) 0 0 0 Z Y TS 0 r a N co r o a $off w w U U cc O s+io �d o o r R ^L m L cifa a LL T N o° co CL W 1 m 0 d O m O O L N R Z L 0 p L. C r M v< 0. 7 0 7 h a m o M 0 0 0 Q o d 4) a) t7 p c O N 0 1.-^,. N Lo Sir Q y V n an LO O U N p o N G O r. v a'-' N <0 cia O O O 6 N m p X N O .j LL N u.I (O 0 .n r 0 O m N Cti 03 O O O O CO N to an 4C 00 1 an N O S 0 N N O O N 04 Q C 0 N N O N N N C! r LL O p 0 0 N an Lo ♦Y cm Q N N O O N L L' 61 0 a v 0 N N 0 j o co C LL L 0 E o a a. a m E `m O a u. r N m a c_ c r O C N o CO a V j0 'ST c_ m w M C O (n u_ O N r !n o Lid O c Fa g m Z` a Y 1 2 a N 2 r c 0 4 c T LL U 'L x m (y m y O O 0 TT., O a as c a 0 U 0 rn o 7 u_U o o O O N O o p N an O+ O O cn N N r N (0 N N LTV 31 N N N O ,J rIU a r m j ola� 4 6 f o a F S i.- I �1.- 0 rwaC� t j i- I 1.-a0 aseydhafad r a Cr. LL p a: p cr sa p03 Munn 'r i o o 1 o c,_ r 0 4 ({�6ual 1 a a I sn1GS `s' 1 N I M o o 0 0 (s)adRl a (C•7 o luaan osdsul w t i J C 9 O a O 2 Q C -2 Q 2 T U 51 h co O O Z L O 5 co O fl` r Cl a p c O G al d 3 ca N c q fn E 0 9 j0 el. O m V E O N V7 o u o y. V O C. 0 CO a s.", a E o o g o Y a H C Di c E �.g n o n o ci 5" a y Mt G. s... o Y C O 38 v c Of CC j G a c° PE c �G v o y Q O c (.0 Z a 0 M a. ^E po o0. Cp a• e o o a c a O 0 a a £j n o G h` o m w c co o 2 a o Q? C eO+ p L E a Y ;-ti U Y d O a r C n N s 2 u cc K a o m c 0.0 c i Q Z O .4 o y m o o U v. 3 a R 0.i/) g 8, 0.- a. v O. K 23 0 .O O m o c c u° c o m m a 2 -e n o m °m 3 3 o O G'u Fd dR a un "o va -e Y 844 °'2 u z. m 0 O O F v A m c o o E r c o U d C° C •fl o q° m a 41 V 2- a N c c E° o o o m 2 a LL 0 d m c U TO a °o m E Ea o.o o� m °va P. v o' co vZ o m m as, E a c va °01 a s mm e I a 4. m Q C' E o E a a u t� ti c m m ca a =E o a a E 4> co o 1 0 Q U ci 16 u:I Z> o CE oi to c Y n M a 4 INV H 7 IN 1� s i a wnN ff r c tauoud o i o Q Z Z sselo l` M rn o Q v r Seuagoun3 l lr`�: v E v a N •Y co 'O N O N z N ca C. L o c c �m o 0 w m O CD c o Fs; o O N CO m s CL 2 n p w w w W N O LL (u N 0 U 0 0 O �1 F+ c W 0 Z .0 O .c o) 2 2 2 M 2 N 0 r L 0. C) c o N lc 0 O Q C .0 u a m N c o d E wsed c r s- CV a C co 0 0 N O L O o-. r 47, N o o n n cvv N o o TO V7 L O) 9 9 N M 07 7 c] 0 ii N n n CO O 0 0 0 O CO N N cIl (1) 'o o r r CO Q T (o (0 of c N (n (7 C] n 1. N (n r r C u'. L co a O 1 o GOO CD .0 N O O O 0 0 (O N O O C T N N CO CO I- r r Q Q V Q (D Ca 0 E C Q L o O o O o O O Ira N N X o o Na G o 0 a 'O V O '0 N H O 2 O O NLLO r N 7 C .c m O O O O y c (iU I L N 0 y O W O U 1° 5,-- j m ac o o a a 'a_ a LL CO 4) CO O. m 0 0 Q o 0 0 0 0 0 0 0 0 0 ate. r E N N N co N (6 co c0 (6 (0 (6 (6 ase4d }0a(o)d I I v F v I F a F F- F 0 F saPoo 419n Irl 000- v c m0F 70 0. a F. 0Oo 000awl- 3 1-3au, 0043 3F L ti O LL Imo! �Ol (0 g 0 0 o N o N N Q srgeyg (n cn v) a 0) 0. a a (sjaciAl Q (o co CO r (n CO auawanoJdwi O o 0 0 (v O O a v o Z U R' 0 3 m 4 T O a m N CO C N w (n m m- �U G D c, m a N w m D o; m -0 C rn 0' E m m r U n F in a c c o- ovo o- 0 0 c 0 0 oa O 3 0 Y 4. Z a p oo Q U m o o o� -0 3 o 0 4 t E d Z m 0 0 0 c o ti G 0. R R a Z 0 Y a h O T D `c y. y U d c H C y a s D a °3 y U 3 a o (n m o i7 V m U .7 C d ©m !A m m fn o- 9 V) m a V) C N 0 m p L.-.. O d C (7 N d O 0 Q t0 W N) m N N Z_ O i m CO u So U Jm as s3 c c u N p t6 N 0- d fn m 4, 4 U 0 m m n fn vJ c Zi y E m m i° F' v a° N o- c S, Y r I N Q U ui u: o c oa c o o e m a n o° 0 a E o 0 o E o F m 0. 12 t -r s (n (n o .2. U o° o e ,agwn o r v 3 m N I CO O a o lquoud a o Z N c Z o rn z• o s seio I r CO CO CO v c Q U U jeucgcund CC N T m u) L T. oo 0p Q Q N z g) O N U. 2 g U 0 s- N co d Q. w y a 0 4-. O ci w N 0 O O V, o o vrE co rn Q sr O o m ca O O d j m m n n M N v 0 O. p L U m Q Q a .n o o Q 4) CV v a y c M s- a cc CD E E w Q m� Q sr a v U a (1) F 0 s- O QJ ti O N X t c t co Ili it CO W 17") m m m 0 Q o 0 o O o o Q Q O o 0 0 m M m co cm m m m 0 O m m /A T m m m m m l0 m to O O N N Q Q m w o L R L p� 0 0 0 0 0 o Q v o 0 0 1 C "p a r� m m Ch �n a m m o o m rn Cl O G V <p [O t0 [O m m a m O O a C Q J L o E c r L m E m -0 X cn CO O O 0 0 C U N O H 0 (n LL U C CJ .0 0 1- ti m m y a L c LL ti U co 0 O 0 U m �a c) 0 o 0 c a o o 0 0 0 O u u_ a` F) o m 0 0 0 0 0 0 E. 0 0 0 0 to gym. O) oc 0 oc 0 N N N E CO 0 m` h m m m To To m is m m To esegd pafo)d o I 1 t F I-- F H 00p00 lgiipn n r)n000- I- 0- 3I-ma0 0- tn It O Er. LL lL LL y)6ua1 le of co ,';',1 o o 00 n M sn;e;S ..0 I <n a a co a o_ a (s)ad,(1 Q N CO f co ;uawanadwI 0. 0 0 0 a N `m n co 'o ai G Z CC 0 o 3 c o 0 c -a S2 E a a U° 3. U 0 o a m in mE m o C. o o° o CO m 0') uss °v ti E U)' ins 0 0 c O 0 o m o 8? 0 a W K° c E c o 0 y co c to 0) o= o al y o c c o u o o o o' o? o c o 0 o m o cc m C m C° _t c CO rn a m 5. o R d m Y E mu o o E o ti s v° r 2. f, a �o f ,d Ca O O F o o `m a 1 o no a a g o v ce t7 LL c e e d s-2 1,- V a ov) o e'c Z Boa W QI [n o V E N V D, h ti cc K Q 4 ti Y L 3 C r N 7 Z O g M 8 0 !ii or, E E 3 4 o a o 0 4 O o c m a N c m o a 0. to m 0 O a am 3 o 0 m c a m m c a v c ea Y r` o Oa Udniu: E o HE .g E oD m E =o Eq E °o O a i- °UU cn °o .2, 3 Q °o 3 3 Ux °e t o v H bi N .1egwnN N I 47 CO O 0) O r ai 3 0 c �(7uoud N N a Z 0 Ir c 0 z sse�`J I N- co N. c° v CO v 0 Q 8 5 Ieuogound c CU d' m a a m L t 0 =O g-o N O En O N a to 0 T C D m m o° c T N 0 C w~ o 6 O O 0 O 0 0) 0) N N 0 0 0 O O O O O O 0 n 0.- r CO in O 0 N 0) .c 0 C d --c to m v v m N O W 0 C O 0 O 7 CO a' O L V v d co O C L. N o w u 0 t, Q Q w d E .Q a E r .c 0 i r cn 0 N Q f"' O x N w 1n OS m Tn. (O O (O 0 0. O 0 0 0 N N N N 0 0 0 0 0 O N O 0 0 O r r r r M O O U) C co o r n Q t7 t7 CO n N N N N C O t6 i_ LL r L I7) O O O 0 7^ N 0 O 0 0 0 0 1 C V o 0 o O n r m N o o Z. C O C M r r CO N (o t() to N N N N as d E c J LL r cp Q O N 4 h X O w u? C y/ O N N 0 to -O 0 v 0 0 N co .c S @a o I-- LL m N C O N L c LUa N a Q O 0, U d 0 cv 0 CO f U .2. u if a v CO v v v v N (6 (a W N N N N N N 04 L n -0 a E 4) N N N N z. 4) 4) Ca i 0 is c0 to m m asegd pafad w a H¢ F Q F Q¢ H Q Q sapO9Mlgn IN- I 3 ■-000 ca 00 3 0. ar3 31 3I L 47 to a u- 0 0 o O o ci o 0 N O O v sn;etS I I (n a a a a a o_ (s)ad,tl I v l v v Ln co eNi lua wano/dm 0 0 0 0 0 Si 3 L' O 0 a 9 C 0 o a -O 2 U O Ill s C l y m a) I to v q a c C C n m.o o y o E O a c o F m 0 O 4 m m o a m U a w (O CO 2 m a n CI a C d a C co O C o o Q o 3 0 o 0 0 5 8 C Y a Z m s o o es m o cs p O O O E c C a a 6 m W 0 O d E o o N o c 0. m I... is v c m t v 5 c Z O 2 a c o 0 9 cn m J D: w Q CD O 2 O o m E V y a 3 8 0 3 m° a D O O i 1-- (s m o m o 0 s 3 v `m 0 5 )n v U a c o c n o o` c a a o 2- a a s 2 o n o i 6 `2 m m U .7 C to `m m c° m m ti o o °c m o m c 0 N H 22 12 0 i rn H oy ao o oo(4( o0 N8 t�0 n- o Z o m c a m c c q c a Q a c a r o N m a c (n m D t5 in 2 m 2 W a o N 4 1 c o N m 41 o m c to' O O U p w V_ m o£ m m a Y s i o 8 y y c c t a °O5 c o i n °o2 t7 U) °US 1 0 5 1 °o° 2z °J to °3 L F y JagwnN N I N to m m 4 O N N N N N N N p 3 0 a o �jl�oud 4i i o °1 Z sselo I I r (D m Q U leua�unj E co 2 T'' Q z ts 2 o 0 j\ 0 0 0 2 C 0- S ao n k 2 2\ r o 7 CI E E co Ci SO C.) .....1 04 T.5 co t a O o LO tO CV CV LO LO CV ail 01 Ce) cn v. m m m m e q g a P CV J X a 3)\ /u0r m 3 e 5 CO 7 )2\ e TS 0 a. o To 0) aid |m e� #m wd ooa_ nwR a 0 =e; WI +u m WILLIS 0 m_! 3 G o ƒ k c E 6 CD cr) k 0 2 7 2a )G E c. j2 32 k §L Ro �!f 0 o 4: Co) ®I. ƒ /]k\ 8 E{ 7{ co e k —a o o f Q(0 aI Zn a. co \k\ a5& 32 C I J �N m� 8 g me co co o Z g 3 3 Amu Ht COUNCIL AGENDA SYNOPSIS J;��lILA, Gy9 s2 Initials I EMNO. k 10 Meeting Date 1 Prepared by Mayor's revue I Council review {yi 0 s 6/09/08 actin �1t 6/16/08 1 CK Ocs ITEM INFORMATION CAS NUMBER: 08-071 ORIGINAL AGENDA DATE: JUNE 9, 2008 AGENDA ITEM TITLE Concurrency Modeling Consultant Agreement CATEGORY Discussion Motion Resolution Ordinances ❑Bid Award ❑Public Hearing Other Mtg Date 6/09/08 Mtg Date 6/16/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PIY/ SPONSOR'S This consultant agreement with Fehr and Peers /Mirai will provide an update to the SUMMARY transportation model in conjunction with the City's Concurrency Management Program. Mirai Associates, now called Fehr and Peers /Mirai developed the citywide transportation model in 2002 and updated the model in 2006 2007. The 2008 update has a contract amount of $32,453.00. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 5/28/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize Mayor to sign consultant Agreement with Fehr and Peers /Mirai. COMMr1 Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $32,453.00 $0.00 $0.00 Fund Source: 000.13.532.200.41.02 PW Engineering, Professional Services, Traffic Modeling Comments: No budgeted amount as concurrency test fees are receipted through developer permits. MTG. DATE 1 RECORD OF COUNCIL ACTION 6/09/08 Forward to next Regular Meeting 6/16/08 MTG. DATE I ATTACHMENTS 6/09/08 I Information Memo dated May 20, 2008 Consultant Agreement Transportation Committee Meeting Minutes from May 28, 2008 6/16/08 INo attachments P: \Cvnd \Concurrenc Impact Fees \CAS Concurrency Modeling AG Mirai 5- 08.doc COUNCIL AGENDA SYNOPSIS "44/ 'cy Initials ITEM NO, 3 Meeting Date Prepared by or's revi w 1 Council review uas +u� 'o' I 6/09/08 HM 6/16/08 1 H .Ocs K 1908 I ITEM INFORMATION 1 CAS NUMBER: 08-072 I ORIGINAL AGENDA DArh: J UN E 9, 2008 AGENDA IIEMTITLE Authorize Purchase of Disaster Emergency Response Trailers (DERT), trailer supplies, emergency water distribution system, NOAA radios and disaster kits CA•1•EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 6/9/08 Mtg Date 6/16/08 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor. Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S City Council approved the Emergency Management Phase 1 initiatives on May 21, 2007 SUMMARY which included $100,000 for the First Responder DERT. The DERT will provide shelter support for up to 100 emergency workers. Originally presented as one trailer, this purchase is for 2 DERTs, each housing supplies for 50 workers. Also included in the purchase authority are 13 disaster kits, an emergency water system, and 27 NOAA weather radios for city facilities. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 6/03/08 RECOMMENDATIONS: SPONSOR /ADMIN. Authorize purchase of equipment. COMMIr1EE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $61,000.00 $100,000.00 $0.00 Fund Source: 000.13.525.100.31.00 000.13.594.250.64.00 Emergency Operations Supplies Capital Comments: Budgeted in 000.20.594.250.62.00 (Page 144, 2008 Budget) MTG. DATE RECORD OF COUNCIL ACTION 6/09/08 Forward to next Regular Meeting I 6/16/08 MTG. DATE ATTACHMENTS 6/09/08 Information Memo dated May 29, 2008 Spreadsheet with List of Supplies City Council Regular Meeting Minutes from May 21, 2007 Finance Safety Committee Meeting Minutes from June 3, 2008 6/16/08 No attachments .:J.Ni�a, wgs COUNCIL AGENDA SYNOPSIS lP y Initials ITtM 1 ►P1� tit0 1 G3 Meeting Date j Prepared by 1 Mayor's review review ki +Ds 0 6/09/08 1 JMITir Des 'a, 6/16/08 1 JF 'tm �S' 1 i u 1 1 ITEM INFORMATION CAS NUMBER: 08-073 I ORIGI�i 1AL AGENDA DATE: JUNE 16, 2008 AGENDA ITEM TITLE Agreement for Reimbursement #08 -036) with First Addendum for La Pianta LLC to construct a retaining wall as part of the Site 5 levee repair project. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 6/16/08 Mtg Date Mtg Date Mtg Date 1VItg Date Mtg Date: SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S La Pianta requested and the Corps consented to have La Pianta build the "betterment feature" SUMMARY of a retaining wall along La Pianta's property as part of the Levee Repair Project. For La Pianta to build the retaining wall, there must be an agreement between the City and La Pianta that sets forth La Pianta's responsibilities for building the retaining wall and the criteria to which it will be built. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA'Z'E: Council advised of this item during Staff Reports at 6/9/08 COW Meeting. RECOMMENDATIONS: SPONSOR /ADMIN. Council approve Agreement and Mayor sign Addendum COMMITYEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED N/A N/A Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 6/09/08 Discussed issue with recommendation to forward to next Regular Council Meeting. (Item raised during Staff Reports portion of 6/9/08 COW Meeting.) 6/16/08 MTG. DATE ATTACHMENTS 6/16/08 Information Memo dated June 10, 2008 with Agreement for Reimbursement #08 -036) First Addendum INFORMATIONAL IVfEMORANDUM To: Mayor and City Council From: Public Works Director Date: June 10, 2008 Subject: Levee Repair Projects Revised Design for Site 5 Agreement for Reimbursement with First Addendum Issue: Approve Agreement for Reimbursement with First Addendum for the construction of a retaining wall as part of the Site 5 levee repair project. Discussion: Since being notified by the U.S. Army Corps of Engineers on February 5, 2008 that Tukwila's 205 Levee needed to be immediately repaired in order to retain its certification, the City, King County Flood Control Zone District, and the Corps have diligently worked to create a design that would minimize the impact to the abutting property owners. The paramount criteria however has been to provide for: 1. Public safety; 2. Maintain levee certification; 3. Solutions that eliminate or correct factors that have caused or contributed to the problem; 4. Levee maintenance needs; and 5. Environmental considerations. On May 22, 2008 La Pianta approached the U.S. Army Corps of Engineers to revise the design to include the building of a retaining wall. If the retaining wall were included, Mr. Segale committed to pay for all costs associated with the construction of the retaining wall, provide without cost to the City or King County all easements needed to repair the levee, including a flood protection easement, an access road easement to travel over Segale Drive A, a temporary work area easement, and an easement for permanent access to the levee. The Corps agreed to revise the design in light of these commitments from La Pianta. However, the Corps considers the retaining wall along the property owned by La Pianta to be a "betterment feature" because it increases the cost of the project without a commensurate public benefit or strengthened levee. To add the retaining wall requires the City, as the levee sponsor, to sign a Cooperation Agreement with the Corps wherein the City formally requests the addition of the retaining wall and commits to pay for all additional costs associated with the revised design. The Corps placed a deadline of May 30, 2008 for the Cooperative Agreement to be signed. 1 On May 27, 2008, the City Council authorized the Mayor to enter into the Cooperation Agreement if four conditions were met, including an agreement between the City and La Pianta for the reimbursement of all costs associated with the design and construction of the retaining wall. All four conditions were met by the May 30 deadline and the Cooperation Agreement with the Corps was signed on June 3, 2008. La Pianta has now requested permission to construct the retaining wall in lieu of having the Corps' contractor do the work. If La Pianta were to construct the retaining wall, La Pianta would possibly realize a cost savings and the Site 5 Levee Repair Project could begin approximately 2 weeks earlier. Beginning the repair project sooner allows for more time to make the repairs before the fall rainy season starts. The Corps has consented to allow La Pianta to construct the levee retaining wall. However, it requires the City, as the local sponsor, to manage the construction effort, inspect the work, and ensure the work complies with the Corps' design and specifications. In order to meet these requirements, there must be a formal agreement between the City and La Pianta. Exhibit 1 is the agreement between the City and La Pianta for reimbursement of all costs associated with the design and construction of the retaining wall. It is proposed that the Reimbursement Agreement be modified to include an Addendum, Exhibit 2, for the construction of the retaining wall by La Pianta. In order to minimize the risk to the City, special care has been taken in the Addendum to identify La Pianta's responsibilities for building the retaining wall and the criteria to which it will be built. The following items have been included: Scope of Work Design, Specifications, Codes, and Standards Quality Control/Quality Assurance Requirements Coordination of Contractors Submittals Cost to the Parties Construction Timeframes 2 -Year Guarantee Period Indemnification Recommendation Council approves the Agreement for Reimbursement with First Addendum and authorizes the Mayor to sign the Addendum. Exhibits: 1. Reimbursement Agreement 2. First Addendum for the Construction of the Retaining Wall 2 off,- C3 Cd AGREEMENT FOR REIMBURSEMENT THIS AGREEMENT FOR REIMBURSEMENT "Agreement dated for reference purposes as of the 3b of rn A■1 2008, is by and between LA PIANTA LLC, a Washington limited liability corporation "La Pianta and the CITY OF TUKWILA, a Washington municipal corporation "City RECITALS A. Flood Protection Project 1. The Levee The U.S. Army Corps of Engineers "The Corps previously constructed a levee "The Levee along the west bank of the Green River with the City. Pursuant to a previously granted easement for flood control, a portion of the Levee is located on property owned by La Pianta. 2. Levee Repair The Levee was damaged during a storm, and the Corps has directed that certain repairs and modifications be made immediately to the Levee in order to maintain the Levee's federal certification, as well as to protect adjacent property owners and the public from flooding "Levee Repair Project Pursuant to a "Local Cooperation Agreement" between the "Local Sponsor" (here, the City) and the Corps, the Corps has designed and will construct the Levee Repair Project, with its costs to be borne by the United States. The Levee Repair Project, as depicted in the Corps' Design PL 84 -99 Levee Rehabilitation Tukwila 205: Sites 3 and 5, Green River Sheets 1 through 16 dated April 8, 2008 (the "Original Design consists of relocating and reconstructing the Levee further landward, away from the Green River. 3. Levee Repair Design The project design depicted in the Original Design is based in part on a federal mandate that requires that the design be the most cost effective. Design elements that exceed the federal minimum standards for a cost effective design are deemed by the Corps to be "betterments," which the Corps will construct only if paid for by the "Public Sponsor." 4. Property Required for Levee Repairs The Local Cooperation Agreement requires that the City obtain and provide to the Corps all lands, easements, and rights -of -way determined by the Government to be necessary for construction, operation, and maintenance of the Levee Repair Project. For the Levee Repair Project, the City must obtain a flood protection easement, accompanying access easements, C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK 150\Final Version 1 for Reimbursement (4)1 (2).DOC and temporary construction area easements from multiple property owners along the Green River, including La Pianta. B. City Property Acquisition The City has sought to acquire the easements required by the Corps from La Pianta. When La Pianta declined to provide the requested easements, the City filed a Petition for Condemnation and Eminent Domain against La Pianta and others under King County Superior Court Cause No. 08 -2- 16966 -9 KNT to acquire those easements over certain tracts of land, including certain tracts of land owned by La Pianta (the "Condemnation Action C. La Pianta Preferred Design La Pianta prefers that the Corps modify the Original Design and substitute construction of a vertical wall in lieu of simply relocating the existing Levee, along with a 2:1 backslope. La Pianta seeks to redevelop its property and, accordingly, desires to retain use of its land by reducing the size of the Levee Repair Project's footprint. D. Corps -City Cooperation Agreement Any modification to the Corps' Original Design will be governed by a Cooperation Agreement entered into, or to be entered into, between the Corps and the City. That agreement expressly provides that "the Public Sponsor shall be solely responsible for any increases in costs resulting from betterments and all such increased costs will be paid in advance by the Public Sponsor Because the addition of the Levee Wall would, in the view of the Corps, constitute a "betterment," the Corps will alter the original Levee Repair Project design only if the difference in total project costs (including environmental review, design, and construction) is paid for by the City. In view of the increased property value and redevelopment opportunities afforded by the Levee Wall as compared to the Corps' original design of the Levee Repair Project, La Pianta desires the City to request that the Corps redesign and construct the Levee Repair Project to include La Pianta's preferred Levee Wall and enter into a Corps -City Cooperation Agreement. The City desires that La Pianta commit to reimburse the City for all costs paid by the City to the Corps as a result of the change from the Corps' original Levee Repair Project design to La Pianta's preferred Levee Wall design, that La Pianta provide the necessary easements to the City at no cost, and meet other obligations. Now therefore, for good and valuable consideration, and receipt and sufficiency of which are acknowledged, the parties agree as follows: C:\Documents and Settings \jpawlicki.SEGALEBP\Local SettingslTemporary Internet Files\OLK150\Final Version2 for Reimbursement (4)_1 (2).DOC AGREEMENT 1. Redesign of the Levee Repair Project Upon full execution of this Agreement and receipt of the deposit required by Section 3.a below, the City will request in writing that the Corps modify the design of the Levee Repair Project to include the Levee Wall on La Pianta's property. The City's letter will request that the Levee Wall be constructed as an extension of the retaining wall shown in the Original Designs on Site Plan 2, Plate Number C -103, Sheet 5 of 16, dated April 8, 2008, and that the Levee Wall be constructed from approximately Station 8 +50 southward to the south terminus of the Site 5 levee repair project. 2. Corps -City Cooperation Agreement The City will execute the Corps -City Cooperation Agreement in the form required by the Corps to permit construction of the Levee Repair Project. Note: Article I- Definitions and General Provisions, Paragraph A states, "Site 5 also includes a betterment feature consisting of approximately 855 linear feet of retaining wall in place of a landward side levee prism." Further, Article IV Method of Payment, Paragraph A states, "Rehabilitation Effort costs are currently estimated to be $1,359,000 and the Public Sponsor's "City share (cash and services in kind) of the total Rehabilitation Effort costs is currently estimated to be $0.00. The Public Sponsor is 100% responsible for the betterment costs currently estimated to be $650,000." 3. Method of Payment La Pianta shall reimburse the City for any and all City payments made under the Cooperation Agreement, including without limitation all deposits, cash contributions, and/or cash or other payments made for the costs of any betterments to the Rehabilitation Effort and/or to satisfy any financial obligations set forth in Article ILC, II.G, and Article IV of the Cooperation Agreement. La Pianta shall reimburse the City as follows: a. La Pianta shall pay a deposit by a certified check payable to the City in the amount of Six Hundred Fifty Thousand Dollars ($650,000.00), or the amount specified in Article IV A of the Corps -City Cooperation Agreement, whichever is greater, within five (5) calendar days of execution of this Agreement. b. Should the Corps request additional payments from the City after payment of the initial deposit specified in Article IV A, La Pianta shall reimburse the City by delivery of a certified check to the City in the amount requested by the Corps, within five (5) calendar days of notice by the City. c. In the event that any funds advanced by La Pianta as a deposit are greater than the total of charges imposed by the Corps on the City under the Corps -City Cooperation Agreement (the "Final Cost then the City shall reimburse the difference to La Pianta, without C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150\Final Version3 for Reimbursement (4)_1 (2).DOC interest, within ten (10) calendar days of receipt of the Final Cost from the Corps. For example, in the event that La Pianta elects to construct the Levee Wall to the Corps' specifications, and the Corps accepts the Levee Wall as so constructed and charges the City an amount less than the amounts paid by La Pianta pursuant to this Section, then upon request made by La Pianta, the City will refund to La Pianta all sums paid by La Pianta to the City that the City is not required to remit to the Corps under the terms of the Corps City Cooperation Agreement, less any costs incurred by the City for construction management of the Levee Wall. d. If the Final Cost is greater than the amount advanced by La Pianta, then La Pianta shall pay the difference to the City by certified check within five (5) calendar days of notice from the City. 4. Dismissal of La Pianta from Condemnation Action Within ten (10) days of La Pianta's execution and delivery to the City of this Agreement, receipt of signed easements in the form approved by the Corps, and receipt by the City of King County Flood Control Zone District's written acceptance of the maintenance responsibility and all costs associated therewith for the Levee Wall, the City shall dismiss La Pianta from the Condemnation Action. 5. No Design Precedent The inclusion of the Levee Wall in the Site 5 Levee Repair Project scope of work shall not establish, and shall not be cited by La Pianta as evidence of, a design precedent for any future maintenance, repair, or new levee construction projects. 6. Cooperation The parties shall cooperate in good faith with each other, and with their respective employees, contractors and agents, to effect this Agreement 7. Other Agreements 7.1 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. 7.2 Entire Agreement. This Agreement represents the entire agreement of the parties with respect to its subject matter. There are no other agreements, oral or written, with respect to that subject matter except as expressly set forth in this Agreement, and this Agreement supersedes all previous agreements, oral or written. 8. Remedies If La Pianta fails to timely pay the deposit to the City as required by Section 3.a., the City may request that the Corps proceed with the Levee Repair Project as depicted in the Corps' C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150 \Final Version4 for Reimbursement (4)_I (2).DOC Original Designs. The parties agree that damages are not an adequate remedy for breach of any other provision of this agreement, and that the City is entitled to seek specific performance of this Agreement in such an event. The parties have caused this Agreement to be executed effective as of the day and year set forth on the first page above. LA PIANTA LLC, a Washington limited Liability Corporation By: Metro Land Developme Inc., Its Manager By: Name: Mark A. 'yeg. e Its: Vice Preside t CITY OF TUKWILA, a Washington municipal corporation By: h Jim :erton, Its •r C:\Documents and Settings \jpawlicki.SEGALEBP\Local Settings \Temporary Internet Files \OLK150\Final Versions for Reimbursement (4)_1(2).DOC FIRST ADDENDUM TO AGREEMENT FOR REIMBURSEMENT THIS FIRST ADDENDUM TO AGREEMENT FOR REIMBURSEMENT "First Addendum dated for reference purposes as the day of 2008, is by and between LA PIANTA LLC, a Washington limited liability corporation "La Pianta and the CITY OF TUKWILA, a Washington municipal corporation "CITY RECITALS A. The City and La Pianta previously executed an Agreement for Reimbursement pertaining to the U.S. Army Corps of Engineers' "The Corps Levee Repair Project for Tukwila 205, Sites 3 and 5. B. The Agreement for Reimbursement provides for, inter alia, the City to enter into a Cooperation Agreement with the Corps, pursuant to which the City as "Public Sponsor" would request that the Levee Repair Project include a "betteiluent" in the font' of a levee retaining wall "Levee Wall along property owned by La Pianta. C. The Agreement for Reimbursement also provides for inter alia, La Pianta to reimburse the City for any and all City payments made under the City's Cooperation Agreement with the Corps. D. La Pianta believes that construction of the Levee Wall will be less expensive, and that therefore the reimbursement obligations to the City will be less, if La Pianta constructs the Levee Wall rather than the Corps. E. Under the teuus of the Cooperation Agreement, the City is responsible for future operation and maintenance of the levee. F. In consideration for the Corps' consent to allow La Pianta to construct the Levee Wall, and the opportunity to realize cost savings that La Pianta believes its own construction will provide, La Pianta is willing to enter into an addendum to the Reimbursement Agreement, set forth below, concerning the costs of and directives by a construction manager to be retained by the City, as well as the potential liability that may arise by virtue of construction of the Levee Wall. The City is also willing to enter into such an Addendum so long as the City is not responsible for additional costs or liability resulting from La Pianta's construction of the Levee Wall rather than the Corps'. Now therefore, for good and valuable consideration, and receipt and sufficiency of which are acknowledged, the parties agree that the Reimbursement Agreement is amended by addition of the following provisions: H:\Levee Repair Project\Final First Addendum.doc 1 Eriva 2 ADDENDUM TO AGREEMENT 1. Scope of Work If the Corps consents and La Pianta elects to construct the Levee Wall, La Pianta shall construct the Levee Wall from approximately Station 8 +50 southward to the south terminus of the Site 5 levee repair project. The work shall include, but not limited to: a. Site /Subgrade Preparation b. Concrete Formwork c. Reinforcing Steel d. Concrete 2. Design, Specifications, Codes, and Standards If the Corps consents and La Pianta elects to construct the Levee Wall, La Pianta shall do so in accordance with the requirements of the design drawings and specifications and all applicable codes and standards including, but not limited to the applicable provisions of: a. U.S. Army Corps of Engineers Design PL 84 -99 Levee Rehabilitation Tukwila 205: Sites 3 5, Green River dated June 4, 2008. Exhibit A. b. U.S. Army Corps of Engineers Tukwila Levee Repair Special Provisions, including the following (Exhibit B): 1) Specification Section 01000 2) Specification Section 01160 3) Specification Section 01355 4) Specification Section 01561 5) Specification Section 01563 6) Specification Section 01565 c. WSDOT /APWA "Standard Specifications for Road, Bridge, and Municipal Construction" Latest Edition, Divisions 1 -9. d. King County Washington Road Standards, Latest Edition. e. Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining Wall. Exhibit C. 3. Retention of a Construction Manager and Project Inspector Using its normal procedures, and applying its normal bid criteria for cost, the City will hire a consultant firm "Construction Manager to fulfill the City's construction management obligations under the Cooperation Agreement with the Corps of Engineers "Construction Management Services Through the Construction Manager, the City will follow the Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining Wall. H:\Levee Repair Project\Final First Addendum.doc 2 4. Quality Control/Quality Assurance Requirements If La Pianta elects to construct the Levee Wall, La Pianta shall be responsible for controlling and documenting construction quality control/quality assurance activities to assure that the completed Levee Wall project meets the requirements of the design, "Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining Wall and all applicable specifications, codes, and standards. Specific responsibilities and requirements include, but are not limited to: a. Laying out work to ensure that the wall elevations and alignment comply with the contract drawings. La Pianta shall retain a Washington State registered surveyor to lay out and stake the work. The surveyor shall provide copies of all survey records to the Construction Manager. b. Documentation of quality assurance quality control. La Pianta shall prepare and provide to the City's construction manager a daily, written quality assurance quality control report "QA/QC Report The QA/QC Report shall be submitted to the City's Construction Manager within 24 -hours after the date covered by the report. A copy of a sample report is included as part of the QA/QC Plan, Exhibit C. The QA/QC Report shall comply with the Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining Wall (Exhibit C). c. Performance of required construction and materials testing. La Pianta shall retain the services of a qualified materials testing lab for such tests as compaction, backfill gradation, concrete compressive strength, concrete air entrainment, concrete slump, etc. La Pianta shall document all materials and construction test results and provide them to the City's Construction Manager as an attachment to the Daily QA/QC Report. A list of qualified labs is provided at Exhibit D. d. Provision for public safety, traffic control, and site access control during construction. La Pianta shall ensure that construction is executed in a safe manner and in accordance with applicable OSHA and other safety standards. e. Implementation of Best Management Practices. La Pianta shall implement all Best Management Practices and associated erosion and run -off control measures as required by and in accordance with WSDOT Standard Specification Section 8- 01.3(10) and the current King County Storm Water Manual. f. Documentation of construction progress. La Pianta shall take or cause to be taken daily photos documenting construction progress. Photos shall be digital JPEG format. La Pianta shall provide copies of daily construction progress photos to the City's Construction Manager daily as an attachment to La Pianta's Daily QA/QC Report. 5. Coordination of Contractors Due to the fact that a length of the Levee Wall and associated water -side features are being built by the U.S. Army Corps of Engineers' contractor, and La Pianta is H:\Levee Repair Project\Final First Addendum.doc 3 building the remaining length of the Levee Wall, La Pianta shall ensure that it and the Corps' contractor coordinate and communicate in advance and continuously during construction to determine the requirements, construction features, and schedule coordination that will need to be addressed in order to insure a smooth and effective construction effort. La Pianta shall convene a coordination meeting between it, the Corp's construction contractor, the City and its Construction Manager, and the Corps prior to construction to discuss the details of how the section being built by La Pianta shall be terminated and prepared for "tie in" by the follow -on Corps of Engineers' contractor and the wall's finish such that there is an even and consistent surface. The meeting shall also address the coordination of construction scheduling, completion date requirements, the two contractors' areas of work, construction area access, and coordination required to complete the overall project in 2008. More coordination meetings may be initiated by the City or the Corps as necessary. 6. Submittals La Pianta shall be required to submit the following documentation to the City's Construction Manager. The list is not to be considered all inclusive of all submittals that are required. a. Offsite Disposal Plan b. Compaction Testing Plan c. Borrow Site Testing Reports d. Compaction Testing Reports e. Design analysis and calculations for form design, including methodology of design. See WSDOT Standard Specifications Section 6- 02.3(16). f. Form materials, including manufacturer's data, literature describing form materials, accessories, and releasing agents. g. Founwork drawings, including details, dimensions, joints, supports, studding/shoring, and sequence of removal. h. Concrete Reinforcement System Detail drawings showing reinforcing steel placement, schedules, sizes, grades, and splicing/bending details. i. Reinforcing Steel Certified copies of mill reports attesting that reinforcing steel furnished meets the requirements of the contract specifications. j. Concrete Mix Design k. Methods for Conveying and Placing Concrete. 1. Data Manufacturer's literature for: o Air- Entraining Admixture o Accelerating Admixture o Water Reducing or Retarding Admixture o Curing Materials o Expansion Joint Filler Strips o Joint Sealants o Waterstops o Backer rod m. Aggregate certification and test reports H:\Levee Repair Project\Final First Addendum.doc 4 n. Concrete Materials o. Progress Schedule and weekly look -ahead schedules. See WSDOT Standard Specifications Section 1 -08.3 and Section 1- 08.3(2)D. 7. Costs to the Parties In addition to its reimbursement obligations set forth in Section 3 of the Reimbursement Agreement, La Pianta shall be responsible for all costs associated with its own construction of the Levee Wall, and shall reimburse the City for all costs incurred by the City for Construction Management Services. 8. Construction Timeframes The Corps has established a completion date of August 1, 2008 for the Levee Wall, to include the forms being stripped from the retaining wall; however, the concrete does not need to be fully cured. La Pianta has requested a completion date of August 15, 2008. If the Corps consents and La Pianta elects to extend the completion date to August 15, 2008, La Pianta shall comply with the following conditions: a. La Pianta shall construct the wall starting at the southern end and proceed north. b. La Pianta shall strip and remove all forms from the entire Levee Wall no later than August 15, 2008. c. When constructing the Levee Wall, La Pianta shall achieve the required 4,000 psi minimum compressive strength on all concrete by August 15, 2008. d. In the event that La Pianta does not accomplish the work by August 15, 2008 and the Corps' contractor incurs additional costs as a result of La Pianta's delay, La Pianta shall be responsible for paying all such additional costs. La Pianta's deposit and all other payments required from La Pianta under the Reimbursement Agreement Section Method of Payment shall be used to pay for the additional costs. 9. Two -Year Guarantee Period La Pianta shall be responsible for correcting all City identified defects in workmanship and material for a period of two (2) years after Final Acceptance, as defined in WSDOT Standard Specification Section 1- 05.12, of the Levee Wall. La Pianta shall start work to remedy such defects within 7 calendar days of written notice of discovery thereof by the City and shall complete such work within the time stated in the notice. In emergencies, where damage may result from delay or where loss of service may result, such corrections may be made by the City or King County Flood Control Zone District, in which case the cost shall be borne by La Pianta. In the event La Pianta does not accomplish the corrections in the time specified, the work will be otherwise accomplished and the cost of same shall be paid by La Pianta within 7 calendar days of written notification. H:\Levee Repair Project\Final First Addendum.doc 5 This two -year guarantee period shall be in addition to all responsibilities and requirements of La Pianta under the law and this Agreement, and shall not be construed to limit the statutes of limitations or repose in any way. 10. Indemnification La Pianta shall indemnify, defend and hold the City harmless from all damages arising from the construction of the Levee Wall, except for damages due to the sole fault or negligence of the City or the City's Construction Manager. Should a court of competent jurisdiction determine that RCW 4.24.115 applies; the indemnification set forth herein shall be valid and enforceable only to the extent of La Pianta's negligence. Solely for the purposes of enforcement of this Agreement, La Pianta hereby waives its immunity under industrial insurance, Title 51 RCW. The parties mutually negotiated this waiver. 11. Termination or Suspension If at any time, (1) the Corps terminates the Cooperation Agreement, or (2) the Corps instructs La Pianta to cease construction of the Levee Wall, or (3) La Pianta fails to carry out its obligations under this Reimbursement Agreement or the First or any other Addendum thereto after notice and a reasonable opportunity to cure, then the City may terminate or suspend La Pianta's work on the construction of the Levee Wall, unless the Corps determines that continuation of work on the Levee Wall is in the interest of the Corps or is necessary in order to satisfy agreements between the City and the Corps or any other interests in connection with the Levee Repair Project. For purposes of this Section, "notice" shall mean three (3) business days, except in the event of an emergency, in which case the City may require the cure immediately. "Reasonable opportunity to cure" shall include completion within the construction schedule determined by the Corps. However, deferral of future performance under the Reimbursement Agreement or any Addendum thereto shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. Should the Corps decide that the Corps shall continue to construct the Levee Wall, La Pianta's deposit and all other payments required from La Pianta under the Reimbursement Agreement Section Method of Payment shall be used to pay for the costs of construction. In the event either party elects to terminate this Amendment pursuant to this paragraph, both parties shall conclude their activities relating to the construction of the retaining wall and proceed to a final accounting in accordance with Agreement Section 3 Method of Payment. 12. Exhibits A. U.S. Army Corps of Engineers Design PL 84 -99 Levee Rehabilitation Tukwila 205: Sites 3 5, Green River dated June 4, 2008 H:\Levee Repair Project\Final First Addendum.doc 6 B. U.S. Army Corps of Engineers Tukwila Levee Repair Special Provisions C. Quality Control/Quality Assurance Plan Tukwila 205 Concrete Retaining Wall D. List of Qualified Testing Labs 13. Reimbursement Agreement Obligations Not Affected Except for the addition of the sections of this First Addendum, nothing in this First Addendum shall be deemed to affect, amend, or modify the obligations set forth in the Reimbursement Agreement, which is hereby ratified by the parties. The parties have caused this First Addendum to be executed effective as of the day and year set forth on the first page above. LA PIANTA LLC A Washington limited Liability Corporation By: Metro Land Development, Inc. Its Manager By: Name: Mark A. Segale Its: Vice President CITY OF TUKWILA, A Washington municipal corporation By: Name: Jim Haggerton, Mayor H:\Levee Repair Project\Final First Addendum.doc 7 Tentative Agenda Schedule MONTH MEETING 1- MEETING 2 MEETING 3 MEETING 4 REGULAR C.O.W. REGULAR C.O.W. June 2 9 16 23 30th Special Presentations: Fifth Monday of the See agenda packet Tukwila Historical month—no Council cover sheet for this Society presentation meeting scheduled week's agenda of portrait of one of (June 16, 2008 Tukwila's patriarchs Regular Meeting Proclamation celebrating Tukwila's 100th birthday Special Issues: Authorize Mayor to sign Amd. #2 to Contract #07 -165 with Sound Inspec- tions Investiga- tive Engineers for the Westfield Mall Expansion project Authorize transfer of funds in the amount of 5156,081 from narcotics seizure funds for purchase of a SWAT team vehicle Resolution increasing police investigation fund level COMMI 1 1 B.E. OF THE WHOLE MEETING TO BE FOLLOWED BY A SPECIAL MEETING: Unfinished Business: Authorize Mayor to sign Amd. r2 to Contract #07 -165 with Sound Inspec- tions Investiga- tive Engineers for the Westfield Mall Expansion project Authorize transfer of funds in the amount of $156,081 from narcotics seizure funds for purchase of a SWAT team vehicle Resolution increasing police investigation fund level Ordinance adopting a new Parks, Recreation Open Space Plan Upcoming Meetings Events JUNE 2008 16th (Monday) 17th (Tuesday) 18th (Wednesday) 19th (Thursday) 20th (Friday) 21st (Saturday) Utilities Cmto Finance Crime Hot Domestie Fundraiser Council Coffee Chat CANCELLED Safety Cmte, Spots Task encs breakfast in 9:00 to 11:00 AM 5:00 PM Force Mtg., Task Force support of the (CR 43) 10:00 AM CANCELLED Tukwila Pantry City Council (CR 45) 7:30 x 0 A Regular Mtg., a g' Tukwila Tukwila 7:00 uncc il PM Parks Historical Community Center Chambers) Commission, Society, Stop by and informally 5:30 PM 7:00 PM talk with a Tukwila (Community (Nelsen City Councilmember Center) House; please about anything on your park at the Providers mind regarding Best Western) CANCELLED Tukwila. Library Advisory Location change: Board, Tukwila Trading 7:00 PM Company at (Foster Library) 3725 South 144th S[.. ad All Nations Cup 2008 is here! All events held at Starfire Sports complex, Fort Dent Park. For information visit www.allnationscup.org or call 206-267-9000. Tournaments continue through June 21; championship game on June 22. Music and dance, international marketplace and food tent, cultural exhibitions, freestyle soccer competition. 23rd (Monday) 24th (Tuesday) 25th (Wednesday) 26th (Thursday) 27th (Friday) 28th (Saturday) Tukwila birthday Transportation COPCAB, Planning Council Coffee Chat celebration at Cmte, 6:30 PM Commission, 9:00 to 11:00 AM 5:00 PM (CR 45) 7:00 PM Tukwila Costco. (CR 61) (Council 11 AM TO 1 PM Chambers) V Court 0_ 8. doh oca N Wit/ Stop by and informally talk with a Tukwila City Councilmember Community about anything on your Affairs &Parks mind regarding Cmte, Tukwila. 5: 00 PM Location change: (CR 63) Tukwila Trading Company at City Council 3725 South 144th St.. Committee of the Whole Mtg., 7:00 PM Highway 99 (Council Chambers) Trash Pickup Day 9:00 10:00 AM Agenda includes For location call recognition of Donna at Tukwila's 206 242 -5556 centennial. C.O. to be immediate 4 immediately followed by a yt Special Meeting 3' City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall. City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall. Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room a3. >COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rrn 45. Phi Huynh (206- 433 7175). Crime Hot Spots Task Force: 3rd Wed., 10:00 AM, Conf. Room 45. Contact Phi Huynh at 206 433 -7175. Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Conf. Room `5. Contact Evie Boykan or Stacy Hansen at 206- 433 -7180 Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room 63. Agenda items for 6/17/08 meeting: (A) King County Flood Control District update. (B) Contract for Rock 'n' Roll Marathon sponsorship. Human Services Providers: Quarterly, 11:30 AM, TCC (2008 3/21, 6/20, 9/19, and 12/5). Contact Stacy Hansen at 206 433 7151. >Library Advisory Board: 3rd Wed., 7:00 PM, Foster Library. Contact Stephanie Gardner at 206-767-2342. Parks Commission: 3rd Wed., 5:30 PM, Senior Game Room at Community Center. Contact Stephanie Gardner at 206- 767 -2342. 3- Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670 >Transportation Committee: 2nd 4th Tues., 5:00 PM, Conf. Room n1. >Tukwila Historical Society: 3rd Thurs., 7:00 PM (meeting location varies). Contact Pat Brodin at 206 -433 -1860. Utilities Committee: 1st 3rd Mon., 5:00 PM, Conf. Room 61. 6/16/08 meeting has been cancelled f. Court Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty).