HomeMy WebLinkAboutSpecial 2004-09-13 Item 4B - Ordinance - Development and Transit Way Agreement with Sound Transit Link Light Rail r;__A.w, C O UNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
I CAS NUMBER: 04-127 1 ORIGINAL AGENDA DATE: 9/7/04
AGENDA ITEM TITLE Public Hearing for a proposed Development and Transit Way Agreement with Sound
Transit and an ordinance authorizing the Mayor to execute that agreement.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing EU Other
el iberatio l
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 9/7/04 Mtg Date 9/13/0
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Sound Transit seeks the City's approval for permanent use by the Tight rail system of
SUMMARY various City streets and rights -of -way. The City has statutory authority to impose
reasonable permitting and mitigation conditions on the Link Light Rail Tukwila Freeway
Route Project. A public hearing must be conducted on the Development and Transit Way
Agreement that has been prepared to establish development standards, define mitigation,
and consolidate permit and environmental review processes.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Hold the public hearing and approve the agreement and ordinance.
COMMIT "1hE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
9/7/04 I Public hearing held: public testimony received: deliberation to 9 13 04
Soecial Meeting
I I
MTG. DATE I ATTACHMENTS
9/7/04 I Informational Memorandum
Proposed Development and Transit Way Agreement
Ordinance Authorizing a Development and Transit Way Agreement
Memorandum from Mike Kenyon, Attorney, dated September 2, 2004
-with attachments showing "minor amendments" to the proposed agreement.
9/13/04 Ordinance
Amended version of Development and Transit Way Agreement
~ .~...... ~'~, -
City Tukwita
Ordinance No,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A
DEVELOPMENT AND TRANSITWAY AGREEMENT WITH SOUND
TRANSIT FOR DEVELOPMENT OF THE TUKWILA FREEWAY ROUTE
PROJECT, AND TO ALLOW THE NON-EXCLUSIVE USE OF CERTAIN
AREAS OF THE PUBLIC RIGHTS-OF-WAY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
~tHEREAS, the City is a non-charter optional municipal code city, incorporated
under the laws of the State of Washington, with authority to enact laws and enter into
developmant and right-of-way agreements to promote the health, safety, and welfare of
its citizens; and
W-HEREAS, the Central Puget Sound Regional Transit Authority ("Sound Transit")
is a regional transit authority, created pursuant to RCW Chapters 81.104 and 81.112,
with all powers necessary to implement a high-capacity transit system within its
boundaries in King~ Pierce, and Snohomish Cou_nties, including the right to construct
and maintain facifilies in public rights-of-way without a franchise (RCW 81.112.100 and
RCW 35.58.030); and
W-HEREAS, in 1996, pursuant to State law, Sound Transit proposed, and Central
Puget Sound voters approved, financing for a ten-year regional transit plan known as
Sound Move; and
WHEREAS, Sound Move includes the Centxal Link Light Rail System ("Central
Link") connecting the cities of Tukwila and Seattle, which will provide numerous
benefits to Tukwfla's residents, workers, and visitors, and which will help the City meet
its Comprehensive Plan goals; and
WHEREAS, one component of the Central Link is the Tukwila Freeway Route
Project, located within the City and which requires development approvals and the use
of certain portions of City rights-of-way for the construction, ' operation, and
maintenance of the transit system; and
' WHEREAS, the City and Sound Transit are authorized to enter into a development
agreement pursuant to RCW 36.70B.170 through .210, to establish and vest development
standards, define mitigation, and consolidate permit and environmental review
processes for the benefit of the parties and the public; and
WHEREAS, the City Council is required by State law to conduct a public heating on
this development agreement, and the City has mailed approximately 15,000 notices of
such hearing, and has otherwise properly posted and published notice as required by
law; and
WHEREAS, the City Council conducted a public hearing on th~s matter at its regular
meeting on September 7, 2004; and
Tm~itway 9/2/04 1 of 2
WHEREAS, Sound Transit seeks the City's approval for permanent use by the light
rail system of property on, under, and above City streets and rights -of -way in order to
satisfy the continuing control requirements of the Federal Transit Administration; and
WHEREAS, the City holds City streets and rights -of -way for the convenience of
public travel, and is authorized to grant Sound Transit the right to use such streets and
rights -of -way;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 2. Findings. The City Council finds that the development and operation of
the Tukwila Freeway Route Project is consistent with and promotes applicable
provisions of the Tukwila Municipal Code and applicable policies of the City's
Comprehensive Plan.
Section 2. Authorization. The Mayor is hereby authorized to execute an agreement
between the City and Sound Transit, substantially in the form attached to this
ordinance, to implement development standards for the Tukwila Freeway Route
Project, and to authorize Sound Transit's use of City streets and public rights -of -way for
the Tukwila Freeway Route Project, subject to the terms of the agreement.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Special Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
'a. APPROVED AS TO FORM BY Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
at.
Transit ay 9/1W04 2 of 2
DEVELOPMENT AND TRANSIT WAY AGREEMENT
for
SOUND TRANSIT CENTRAL
LINK LIGHT RAIL TUKWlLA
FREEWAY ROUTE PROJECT
between
CITY OF TUKWILA, WASHINGTON
and
SOUND TRANSIT
Date: September 7, 2004
TABLE OF CONTENTS
RECITALS ................................................................................................................................ 1
1.0 DEFINITIONS .................................................................................................................... 3
2.0 COOPERATION AND GOOD FAITH EFFORTS ........................................................... 5
3.0 TFR PROJECT LOCATION AND ELEMENTS .............................................................. 6
4.0 TFR PROJECT APPROVALS ........................................................................................... 6
5.0 SEPA COMPLIANCE ........................................................................................................ 8
6.0 VESTING; DEVELOPMENT STANDARDS; BUILDOUT PERIOD ............................. 9
7.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS ..................................................... 9
8.0 MITIGATION ................................................................................................................... 10
9.0 MINOR REVISIONS TO TFR PROJECT APPROVALS .............................................. 11
10.0 RIGHT-OF-WAY ...................................................................................................... 12
I1.0 CONSTRUCTION .......................................................................................................... 14
12.0 PERMITS ........................................................................................................................ 17
13.0 ENTRY NOTICE ...................................................................................................... 18
14.0 OPERATION, MAINTENANCE, AND REPAIR
1N STREETS AND RIGHTS OF WAY ................ ' .................................................. 18
15.0 FACILITY LOCATION SIGNS ............................................................................... 19
16.0 LIABILITY, INDEMNIFICATION .......................................................................... 19
17.0 INSURANCE ........................................................................................................... 20
18.0 LIENS ....................................................................... : ............................................... 21
19.0 TERM; TERMINATION .......................................................................................... 21
20.0 REMEDIES; ENFORCEMENT ..................................................................................... 22
21.0 COVENANTS AND WARRANTIES ........................................................................... 22
22.0 RECORDINGS, TAXES AND OTHER CHARGES .................................................... 23
23.0 ASSIGNABILITY; BENEFICIARY .............................................................................. 24
24.0 DESIGNATED REPRESENTATIVES ....... ' ................................................................... 25
25.0 NOTICE .......................................................................................................................... 26
26.0 DISPUTE RESOLUTION ............................................................................................. 26
27.0 DEFAULT ...................................................................................................................... 28
28.0 GENERAL PROVISIONS ............................................................................................. 29
29.0 SEVERABILITY ............................................................................................................ 30
EXHIBIT A - GENERAL DESCRIPTION OF LIGHT RAIL TRANSIT WAY ............... A-1
EXHIBIT B - TFR PROJECT STREET VACATIONS ........................................................ B-1
EXHIBIT C - LEGAL DESCRIPTION FOR TFR PROJECT ............................................. C-1
This Development and Transit Way Agreement ("Agreement") is entered into by and
between the CITY OF TUKWlLA, a Washington municipal corporation ("City"), and the
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("Sound Transit"),
a regional transit authority. For and in consideration of the mutual covenants contained
herein, the City and Sound Transit do-hereby agree as follows regarding the Sound
Transit Central Link Light Rail Tukwila Freeway Route.
RECITALS
A. The City is a non-charter optional municipal code city incorporated under the
laws of the State of Washington, with authority to enact laws and enter into
development and right of way agreements to promote the health, safety and
welfare of its citizens.
B. Sound Transit is a regional transit authority created pursuant to chapters 81.104
and 81.112 RCW with all powers necessary to implement a high capacity transit
system within its boundaries in King, Pieme, and Snohomish Counties, including
the right to construct and maintain facilities in public rights of way without a
franchise CRCW 81.112. 100 and RCW 35.58.030).
C. On November 5, 1996, central Puget Sound area voters approved local funding
for Sound Move, the ten-year regional transit system plan. Sound Move includes
three new types of regional transportation - light rail, commuter rail, and a
regional express bus/HOV system - which will be integrated with local transit
systems and use a single or integrated, regional fare structure.
D. One component of Sound Move is the Central Link Light Rail System ("Central
Link"), an electric light rail project connecting some of the state's largest
employment and education centers, highest density residential areas, and highest
regional transit ridership areas.
E. One segment of Central Link is the Tukwila Freeway Route Project ('~rFR
Project"), located within the City and as described in this Agreement.
F. The City owns and operates city streets, and other infrastructure improvements
within the City boundaries where Sound Transit proposes certain transit
improvements and light rail.
G. The Growth Management Act (RCW 36.70_3,) requires the City to plan for and
encourage regional high capacity transportation facilities such as Central Link
(RCW 36.70A.020) and to accommodate within the City such essential public
facilities (RCW 36.70A.200). Likewise, the Growth Management Act grants
authority to the City to impose reasonable permitting and mitigation conditions
on the TFR Project.
H. Sound Transit is proceeding to design and build the TFR Project, and has
applied for and will seek various land use and right-of-way permits for
construction and operation of the system within the City. In recognition of the
multiple development permits and separate review processes, and the continuing
potential for conflict, overlap and duplication between such processes, the City
and Sound Transit desire to cof~solidate permit and environmental review
processes for the benefit of both parties and the public pursuant to the
development agreement authority provided in RCW 36.70B.170-.210.
I. The U.S. Department of Transportation Federal Transit Administration ("FTA")
and Sound Transit completed an Environmental Impact Statement for the entire
Central Link Light Rail Project in November 1999. On November 18, 1999, the
Sound Transit Board of Directors approved the alignment for construction of the
Central Link Light Rail System from 200th Street south of the Sea-Tae Airport to
Northgate in Seattle. ST Board Resolution R99-34. An alternative route through
the City was proposed by the City and Sound Transit committed to study the
alternative alignment requested by the City and directed preparation of a
Supplemental EIS. ST Board Motion M99-85. The Tukwila Freeway Route
Draft Supplemental EIS was issued on October 20, 2000, and on February 8, 2001
the Sound Transit Board identified the Tukwila Freeway Route ("TFR") as the
preferred alternative for the purpose of completing the Supplemental EIS. ST
Board Motion M2001-02. On September 27, 2001, the Sound Transit Board
identified the preferred Initial Segment extending from South 154th to Westlakc,
subject to completion of environmental review. ST Board Motion M2001-103.
The Final Supplemental EIS was issued November 16, 2001 ('~rukwila SEIS")
and Sound Transit also issued a SEPA Addendum for the Initial Segment on
November 16, 2001. On November 29, 2001, the Sound Transit Board adopted
the Initial Segment, including the TFR. ST Board Resolution R2001-16. An
Environmental Assessment for the Initial Segment was issued on February 5,
2002. The PTA issued an Amended Record of Decision ("ROD") on May 8,
2002. The ROD states the FTA's decision, identifies the alternatives considered
by the FTA in making its decision, and concludes that the federal environmental
process ~s complete for the Central Link Light Rail Transit and TFR Project.
J. As reflected in this Agreement, the City and Sound Transit intend to agree on a
grant of a non-exclusive use of a Light Rail Transit Way for the TFR Project in
the City.
K. Sound Transit has adopted real property acquisition and relocation procedures
and guidelines that comply with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (PL 91-646, 84 Stat. 1894), as
amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101
Stat. 246-256) and as implemented by the United States Department of
Transportation (49 CFR 24), all of which establish a uniform policy for the
expedient and consistent treatment of owners subjected to land acquisition
2
practices and provide for the fair and equitable treatment of persons displaced as
a result of public works programs or projects of a local public body (hereinafter
the "Federal Regulations").
L. Pursuant to RCW 36.70B.200, the City held a properly noticed public hearing
regarding the TFR Project and this Agreement.
NOW THEREFORE, in consideration of mutual promises and covenants herein
contained related to the approval of various development permits and a grant of a non-
exclusive use of a City right of way by the City to Sound Transit to construct, operate,
and maintain the TFR Project, the Parties hereto agree to the terms and conditions as
follows:
1.0 DEFINITIONS
For purposes of this Agreement, the following terms, phrases, words, and their
derivations shall have the meaning given herein where capitalized; words not defined
herein shall have their ordinary and common meaning. When not inconsistent with the
context, words used in the present tense include the future, words in the plural number
include the singular number, words in the singular number include the plural number,
and the use of any gender shall be applicable to all genders whenever the sense
requires. The words "shall" and "will" are mandatory and the word "may" is
permissive. A reference to the City's Charter refers to the same as amended from time
to time. References to governmental entities (whether persons or entities) refer to those
entities or their successors in authority. If specific provisions of law referred to herein
are renumbered, then the reference shall be read to refer to the renumbered provision.
References to laws, ordinances or regulations shall be interpreted broadly to cover
government actions, however nominated, and include laws, ordinances and regulations
now in force or hereinafter enacted or amended.
1.I Agreement. "Agreement" means this Development and Transit Way
Agreement approved by appropriate action of the City and of Sound Transit.
1.2 City. "City" means the City of Tukwila and any successor or assignee
following an assignment that is permitted under this Agreement.
1.3 Emergency. "Emergenc)~' means, except as otherwise provided, a sudden,
unexpected occurrence or set of circumstances demanding immediate action.
1.4 Final Construction Plans. "Final Construction Plans" means prints showing in
detail the proposed construction and specifications of the Light Rail Transit
System, including alignment drawings sho,;ving the exact limits of the Light
Rail Transit Way, and further described in the Station Building Permit and
Trackway Construction Permit approved by the City.
3
1.5 Final Right-of-Way Plans. "Final Right-of-Way Plans" means prints showing
the proposed limits of the Light Rail Transit Way mathematically tied to
existing City monumentation.
1.6 Liability. "Liability" means all loss, damage, cost, expense (including costs of
investigation and attorneys' fees and expenses at arbitration, trial or appeal and
without institution of arbitration or suit), liability, claims and demands of
whatever kind or nature (including those arising under the Federal Employers
Liability Act), arising out of an occurrence relating to this Agreement or
occurring on or relating to the Light Rail Transit System described herein.
1.7 Light Rail Transit Facility. "Light Rail Transit Facility" means a structure, rail
track, equipment, maintenance base or other improvement of a Light Rail
Transit System, including but not limited to ventilation structures, traction
power substations, Light Rail Transit Stations and related passenger amenities,
bus layover and inter-modal passenger transfer facilities, park-and-ride lots, and
transit station access facilities.
1.8 Light Rail Transit System. "Light Rail Transit System" means a public rail
transit line that operates at grade level or above grade level, and that provides
high-capacity, regionai transit service owned or operated by a regional transit
authority authorized under chapter 81.112 RCW. A Light Rail Transit System
may be designed to share a street right-of-way although it may also use a
separate right-of-way.
1.9 Light Rail Transit Way. "Light Rail Transit Way" means the areas of the
Public Right-of-Way occupied by Sound Transit for its Light Rail Transit
System after construction pursuant to this Agreement, as shown on the record
drawings of the Final Right-of-Way Plans approved by the City's Director of
Public Works and on file with the City as part of the Unclassified Use Permit
file L03-057.
1.10 Parties. "Parties" means the City of Tukwila and the Central Puget Sound
Regional Transit Authority.
1.11 Passenger. "Passenger" means any person who is not an employee or agent of
Sound Transit, and who is aboard any Sound Transit Light Rail Transit
System vehicle.
1.12 Prolect. "Project" or "TFR Project" means the light rail system as described
in Section 3.0 of this Agreement and approved by the City pursuant to the
approvals described in Section 4.0 of this A~reement.
1.13 Public Right-of-Way. "Public Right-of-Way" means the areas above, below,
on and over public streets and easements which, under the Tukwila Municipal
Code, the City ordinances, and applicable laws, the City has authority to grant
4
rights of way, permits, or licenses for use thereof or has regulatory authority
therefore.
1.14 Routine Maintenance and Operation. "Routine Maintenance and Operation"
means Sound Transit's maintenance and operation of the Light Rail Transit
System that does not require (i) the excavation of soil that would alter or
disturb the Public Right-of-Way; or (ii) the use of heavy machinery within
fifty (50) feet of or upon the Public Right-of-Way.
1.15 South 154~ Street Station. "South 154th Street Station" or "Station" means the
Light Rail Transit Facility located at the intersection of Tukwila International
Boulevard and Southcenter Boulevard that provides pedestrian access to Light
Rail Transit System vehicles and facilitates transfer from light rail to other
modes of transportation. The Station may include mechanical devices such as
security cameras, elevators and escalators to move passengers, and may also
include such passenger amenities as informational signage, seating, weather
protection, fountains, artwork, concessions and parking areas.
1.16 Sound Transit. "Sound Transit" means the Central Puget Sound Regional
Transit Authority, and any other entity to the extent such entity, as permitted
under this Agreement, is exercising any rights to operate the Light Rail Transit
System over any portion of the Light Rail Transit Way pursuant to a specific
written grant of such rights by Sound Transit.
1.17 Station Building Permit. "Station Building Permit" means the building permit
for the South 154th Street Station approved by the City pursuant to the
International Building Code as adopted by Tukwila and as may be otherwise
addressed in this Agreement.
1.18 Third Party. "Third Party" means any person other than the City or an
employee of the City and any person other than Sound Transit or an employee
of Sound Transit.
1.19 Trackwa¥ Construction Permit. "Trackway Construction Permit" means the
construction permit for the Light Rail Transit Facilities, except the South 154th
Station, approved by the City pursuant to TMC Title 11 and this Agrec~uent.
2.0 COOPERATION AND GOOD FAITH EFFORTS
2.1 The Parties understand and agree that the process described in this Agreement
depends upon timely and open communication and cooperation between the
Parties. In this regard, communication of is-sues, changes, or problems that arise
in the acquisitions, in identifying the parcels or property rights to be transferred,
or with any aspect of the work should occur as early as possible in the process,
and not wait for explicit due dates or deadlines. Each party agrees to work
cooperatively and in good faith toward resolution of any such issues.
2.2 The Parties acknowledge that this Agreement contemplates the execution and
delivery of a number of future documents, instruments and permits, the final form
and contents of which are not presently determined. The Parties agree to provide
the necessary resources and to work in good faith to develop the final form and
contents of such documents, instruments and permits, and to execute and deliver
the same promptly.
3.0 TFR PROJECT LOCATION AND ELEMENTS
3.1 The TFR Project will include: 4.9 miles of trackway, 87% of which will be elevated,
and 70% of which will be in Washington State Department of Transportation right-
of-way; a station at the southeast comer of the intersection of Southeenter Boulevard
and International Boulevard with a transit center; two park and ride lots; frontage
improvements in both Ttflcwila and SeaTac; five detention ponds; three traction
power substations; and street improvements and a bridge over the Duwamish River
directly west ofthe East Marginal Way South bridge.
3.2 The original permit submittal for the TFR Project has been modified as City staff
reviewed the applications and suggested refinements and mitigation options.
Sound Transit had proposed to use five "straddle bents," essentially two columns
with a beam across the top, to support the trackway where it crossed East
Marginal Way S., 52"a Avenue S. and Southcenter Boulevard. The City has
proposed, and Sound Transit has accepted, a unified solution that allows for single
columns integrated with sidewalks, curbing, utility undergrounding, street lighting
and storm drainage. The City has also recommended and Sound Transit has
incorporated improvements to the station and park and ride design including
changes to automobile circulation, emergency access, pedestrian access,
landscaping, lighting and provision of restrooms. The new intersection on
Southcenter Boulevard between the station site and north parking lot is
undergoing final engineering and the driveway configuration may change slightly.
The TFR Project includes placing certain project facilities, such as the transit
trackway columns, in Public Right-of-Way.
4.0 TFR PROJECT APPROVALS
4.1 On October 3, 2003, Sound Transit submitted the following applications for City
Council review and approval and after providing the legaily required public notice
and hearing, the City Council approved these applications pursuant to Ordinance
No. - ..... , effective September ---, 2004:
(a) Unclassified Use Permit (UUP), L03-057, incorporated by reference,
reviewed and approved pursuant to the applicable criteria in Tukwila
Municipal Code ("TMC") 18.66.060. The UUP is required for all portions
of the TFR Project in all zones.
6
(b) Shoreline Variance L03-058, ~ncorporated by reference, reviewed and
approved pursuant to the provisions of the King County Shoreline Master
Program (King County Code Chapter 25.16) and the state variance criteria
(WAC 173-27-170). A Shoreline Variance is required for the proposed
Link Light Rail Bridge over the Green-Duwamish River at approximately
mile 7, specifically to allow a height of 50 feet instead of the allowed 35
feet for the top of the bridge structure over ordinary high water for the
south half o f the river.
(e) Design Review L03-060, incorporated by reference, reviewed and
approved pursuant to Design Criteria in the Tukwila International
Boulevard Design Manual. Design Review and approval is required for
the Station and associated parking facilities.
4.2 On October 3, 2003, Sound Transit submitted a Special Permission for Parking
Determination Application L03-059, which was reviewed and a decision issued
pursuant to the criteria in TMC 18.56.100. Application L03-059 was
administratively approved on July l, 2004 and establishes the parking
requirements for the TFR Project.
4.3 Pursuant to TMC 18.66.060(5), the City has determined that the TFR Project is
generally consistent with the Comprehensive Plan and development regulations,
and has approved the applications listed in Section 4.1 and 4.2. So long as the
TFR Project is developed consistent with the permit approvals and this
Agreement, the public health, interest, and welfare are adequately protected
within the bounds of the law.
4.4 On August 8, 2003, Sound Transit submitted the following application for
administrative review and approval by the City and the City determined this
application to be complete on September 5, 2003:
(a) Shoreline Substantial Development Permit, L03-049, incorporated by
reference, to be reviewed and approved pursuant to the criteria in KCC
25.16 and RCW 90.58.020. A Shoreline Substantial Development Permit
is required for the proposed Link Light Rail Bridge over the Green-
Duwamish River at approximately mile 7.
4.5 It is agreed by the Parties that subsequent to execution of this Agreement, certain
administratively issued permits will be required by the City for construction of the
entire TFR Project including construction, sign, demolition, fire alarm, sprinkler,
plumbing, electrical, tree and sensitive area special permission pe~tr~its. The most
significant of these are a Station Building Pemfit for the South 154 Street Station
and a Trackway Construction Permit for the remaining Light Rail Transit
Facilities. The City recognizes that these administrative permits, as well as the
Shoreline Substantial Development permit described in Section 4.4, are
administrative decisions that implement discretionary decisions of the City
Council regarding the UUP L03-057 and this Agreement. Therefore, the City
7
shall issue administrative permits necessary to complete the TFR Project after
receipt of complete applications from Sound Transit and City review and approval
of such complete applications as consistent with the City Council's decisions and
any other applicable laws and regulations within the City's jurisdiction, including
but no! limited to the International Building Code as adopted by Tukwila. The
City shall exercise due diligence to review and issue decisions on these
administrative permits and related submittals efficiently and in the normal course
of City operations.
5.0 SEPA COMPLIANCE
5.1 Sound Transit is the "lead agenc~e' for purposes of compliance with the State
Environmental Policy Act, RCW Chapter 43.21C ("SEPA"). The City agrees that
the TFR Project has been subject to full and complete procedural and substantive
SEPA review through Sound Transit's preparation and issuance of the following
environmental documents, which taken together comprise the "TFR Project
Environmental Documents," incorporated herein by reference:
(a) Central Link Light Rail Transit Project Final EIS (November 1999);
(b) Addendum to the Final EIS for the Initial Segment (November 16, 2001);
(c) Tukwila Freeway Route Final Supplemental EIS (November 2001);
(d) Initial Segment Environmental Assessment (February 2002); and
(e) Addendum to the TFR FSEIS ( August 2004).
5.2 The Parties agree that pursuant to WAC 197-11-600, the TFR Project
Environmental Documents will be used by the City, unchanged, for its review and
decisions on permit applications related to the TFR Project, unless (i)the
applicant makes changes to the TFR Project that are likely to have significant
adverse environmental impacts not previously analyzed or (ii) new information is
discovered regarding the TFR Project that indicates a probable significant adverse
impact not previously analyzed.
5.3 The Parties agree that the mitigation measures described in this Agreement and
required by the City Council's decision on uuP L03-057 shall constitute the full
and complete exercise of the City's substantive SEPA authority, as well as its
authority to mitigate the TFR Project under any provision of local, state or federal
law. The City has carefully considered the environmental impacts associated with
the TFR Project and the mitigation measures contained in the TFR Project
Environmental Documents. Pursuant to the authority granted in RCW
43.21C.060 and the Tukwila Municipal Code, the Parties agree that the mitigation
measures included as part of the TFR Project are necessary to mitigate specific
adverse environmental impacts and are deemed sufficient to mitigate such
impacts, are reasonable, and are capable of being accomplished.
6.0 VESTING; DEVELOPMENT STANDARDS; BUILDOUT PERIOD
6.1 Any development approvals or permits issued for development within the TFR
Project shall be consistent with the provisions of this Agreement. The TFR
Project shall be governed by the TMC provisions as such provisions existed on
September 7, 2004, or as they may be determined inapplicable because of the
non-preclusive requirements for essential public facilities in RCW 36.70A.200;
PROVIDED, however, as required by P, CW 36.70B. 170(4), the City shall reserve
its authority to adopt new or different regulations to the extent required by a
serious threat to public health and safety, and such regulations shall apply to the
TFR Project.
6.2 The vesting described in Section 6.1 shall apply throughout the "Construction
Buildout Period" for the TFi~ Project, which the Parties have established as ten
years following execution of this Agreement. During the Construction Buildout
Period, the City shall neither modify nor impose new or additional development
standards beyond those set forth in this Agreement. To the extent this Agreement
does not establish or define development standards covering a certain subject,
element or condition, the TFR Project shall be governed by the City codes and
standards in effect on September 7, 2004.
7.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS
7.1 The Central Link Light Kail system is a regional transportation facility that has
the status of an essential public facility ("EPF"). Thus, as a segment of the
overall regional transportation system, the TFP, Project is an EPF. Because cities
are not regional decision-making bodies under the Growth Management Act they
may not make decisions regarding system location or design of regional EPFs. A
city's role is limited to attempting to influence such decisions by providing
information to the regional body, commenting on the alternatives under
consideration, or expressing local preferences in its comprehensive plan.
However, after the regional decision is made, the city then has a duty to
accommodate the EPF, and in the exercise of its land use powers may impose
reasonable permit and mitigation conditions.
7.2 The TFR Project is an EPF that is subject to the requirements of RCW
36.70A.200. Sound Transit, as the regional transit authority sponsoring the TFR
Project, has the primary authority to make siting and location decisions for the
TFR Project. Under KCW 36.70A, the City may not utilize development
regulations to render impracticable Sound Transit's decisions on siting and
location of the TFK Project; however, the City may impose reasonable permit and
mitigation conditions on the TFP, Project
7.3 The Parties agree that the requirements of P, CW 36.70A.200 regarding the siting
of essential public facilities are applicable to the TFR Project.
8.0 MITIGATION
8.1 In addition to the mitigation measures described in the Federal Transit
Administration Amended Record of Decision Attachment E, dated May 8, 2002
("ROD"), incorporated by reference, Sound Transit shall provide the following
additional mitigation measures fo~ the TFR Project:
(a) Street Frontage Improvements. Sotmd Transit shall construct street
frontage improvements on Southcenter Boulevard from Tukwila
International Boulevard to approximately Interstate 5 as shown on the plan
sheets and specifications contained in UUP Application L03-057, titled on
the 90% submittal Right-of-Way Plans, number R40-RP02 through RP12,
R4-OX05 through CX07, R40-CDll and CD12, or as otherwise approved
by the Public Works Director. The street frontage improvements are
required to mitigate the safety impacts associated with the introduction of
the trackway columns into the roadway's safety clear zone and as a result
of construction of the South 154th Street Station~ The street firuntage
improvements will include curb (regular and raised), gutters, sidewalks,
surface water drainage, and street and pedestrian lighting. Due to the
restricted amount of right-of-way available, raised, landscaped medians
will be incorporated to accommodate street lighting and several trackway
columns. To the maximum extent possible, the Southcenter Boulevard
street frontage improvements constructed by Sound Transit will be located
within existing City fight-of-way. To achieve this intent, the Director of
Public Works is authorized to modify or waive applicable development
standards. Upon completion of the street fi'enrage improvements and
acceptance by the City, the street frontage improvements shall be
dedicated to the City pursuant to the procedures provided in Tukwila
Municipal Code.
(b) Construction Impacts. After construction of the TFR Proieet, Sound
Transit shall restore to current standards (curbs, gutters, sidewalks and
resurfacing) Southcanter Boulevard, Martin Luther King Way, and East
Marginal Way (north of South 112th Street). The Traekway Construction
Permit shall contain a condition that requires that all construction routes
within the Public Right-of-Way be videotaped prior to start of construction
to benchmark current conditions. Upon completion of construction of the
TFR Project, all construction routes will be inspected by the City. If the
City determines that the condition of these construction routes is worse
than what would be anticipated from normal wear and tear, Sound Transit
shall restore such damaged roadways-to pre-construction conditions.
(c) Fire and Police Mitigation. Sound Transit shall provide at no cost to the
City the mitigation measures as generally described in ~e Fire
Concurrence Letter signed by Sound Transit and the City on July 12, 2004
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and the Police Concurrence Letter signed by Sound Transit and the City
on August 12, 2004, both incorporated by reference. The Mayor is hereby
authorized to negotiate and execute any additonal agreements as are
necessary to implement the mitigation measures described in the Fire and
Police Concurrence Letters.
(d) Fees. Based on the estimated value of the TFR Project as provided by
Sound Transit, the City estimates that the total amount of development
permit application fees due to the City for the entire TFR Project will be
approximately One Million Two Hundred Thousand dollars ($1.2 million).
Sound Transit shall pay development permit application fees to the City
consistent with the requirements of Tukwila Municipal Code.
(e) Fire and Emergency Services Access. Sound Transit shall provide a plan
acceptable to the City to ensure adequate access for purposes of fire
control and suppression to the structures located at:
15151 52ua Avenue South, tax parcel #984440-0021;
15171 52na Avenue South, tax parcel #984440-0022;
5220 South 152na Street, tax parcel #984440-0005;
15208 52nd Avenue South, tax parcel #115720-0010;
15205 52nd Avenue South, tax parcel #115720-0016;
15215 52na Avenue South, tax parcel gl 15720-0017;
10836 - East Marginal Way South, tax parcel #032304-9164
(multi-tenant building);
10847 - East Marginal Way South, tax parcel #032304-9172
(multi-tenant building);
11001 - East Marginal Way South, tax parcel #032304-9183;
11245 ~ East Marginal Way South, tax parcel #102304-9060; and
11269 - East Marginal Way South, tax parcel #102304-9055.
8.2 The Parties agree that the mitigation measures identified in this Agreement are
reasonable as part of the TFR Project approvals and such mitigation shall be
incorporated into the TFR Project in full satisfaction of all development standards,
except for those standards applicable to the building permits and other necessary
administrative permits, and in full satisfaction of SEPA.
9.0 MINOR REVISIONS TO TFR PROJECT APPROVALS
9.1 The Directors of Public Works and the Department of Community Development
are authorized to approve minor revisions to the TFR Project that are necessary
and generally consistent with this Agreement. Such minor revisions shall include
(a) any revisions within the scope and intent of the original Project approvals
identified in Section 4.0, (b) any revisions within the scope of the TFR Project
Environmental Documents, (c) any relocations and adjustments of the Trackway
within the approved fight of way, and (d) any relocations and adjustments of the
elements and features of the Station.
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10.0 RIGHT-OF-WAY
10.1 Grant. The City hereby grants to Sound Transit, its successors and assigns, a
non-exclusive use of portions of the Public Right-of-Way, the general
location of which is described and depicted on Exhibit "A," attached and
incorporated herein, to be knowh as a Light Rail Transit Way, to construct,
operate, maintain, and own a Light Rail Transit System in, upon, above,
beneath and along the Light Rail Transit Way ,n accordance with the terms
and conditions of this Agreement. The Light Rail Transit Way shall be
limited to the areas described generally in the plans and profile drawings and
more fully described in the As Built Final Right-of-Way Plans. The City's
Public Works Director and Sound Transit's Director of Light Rail may, from
time to time, jointly revise and modify Exhibit "A" to conform to the record
drawings and the Final Right-of-Way Plans as lung as the revisions are, in
their professional engineering judgment, within the scope and intent of Exhibit
"A." This grant shall take effect upon the filing of approved As Built Final
Construction Plans and Final Right-of-Way Plans. Sound Transit expressly
agrees that it will construct, operate and maintain the Light Rail Transit
System in compliance with this Agreement and all applicable City ordinances
and state and federal laws.
10.2 Sole Purpose. The non-exclusive use of a Light Rail Transit Way is granted
solely for the purpose of construction, maintenance, operation, and ownership
of the Light Rail Transit System detailed in the Final Construction Plans and
included in the Station Building Permit, other related permits, and this
Agreement, and for no other purpose. Sound Transit intends, and shall have
the right, to use the Light Rail Transit Way solely for Light Rail Transit
System uses. Notwithstanding the foregoing, nothing contained herein shall
prevent Sound Transit from replacing Light Rail Transit Facilities or
equipment existing after construction after first obtaining any necessary
permits or other authorization from Tukwila.
10.3 Work Permitted in Light Rail Transit Way. Sound Transit understands and
agrees that during the normal course of Light Rail Transit Way use, the City
may engage in construction, maintenance, demolition, leasing, licensing,
permitting, and similar activities that have the potential to cause interruption
to the Light Rail Transit System. Sound Transit understands and agrees that
such activities may be caused, from time to time, by reasons including but not
limited to: (1) traffic conditions; (2) public safety; (3) Public Right-of-Way
construction; (4) Public Right-of-Way repair (including resurfacing or
widening); (5) change of Public Right2of-Way grade; (6) response to
emergencies and natural disasters; and (7) construction, installation or repair
of sewers, drains, water pipes, power lines, signal lines, traffic control devices,
tracks, communications systems, public works, public facilities or
improvements, or any utilities. The City agrees to exercise its best effort to
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provide written notice to Sound Transit of such activities within the Light Rail
Transit Way, to the extent they are permitted or controlled by the City, at least
twelve hours prmr to commencement of the work, unless an Emergency exists
as defined herein. The City shall further exercise its best efforts to ensure that
any such activities done by or for the City shall be undertaken in a manner that
minimizes, to the extent possible, disruption to operation of the Light Rail
Transit System.
10.4 Non-Exclusive Use. Sound Transit understands that the rights granted herein
are non-exchisive. The City shall have the right to agree to other non-
exclusive uses or occupancies of the Light Rail Transit Way. The City agrees
that such uses or occupancies shall not unreasonably impair the ability of
Sound Transit to operate the Light Rail Transit System.
10.5 Use Restricted. This Agreement does not authorize the provision of any
services by Sound Transit other than services strictly related to the operation of
the Light Rail Transit System. Sound Transit's use of the Light Rail Transit
Way for anything other than a Light Rail Transit System shall require written
permission from the City.
10.6 Ownership. Unless otherwise provided in this Agreement or in other City
project approvals or agreements, Sound Transit shall own all tracks and other
Light Rail Transit Facilities on the Light Rail Transit Way, including, without
limitation, improvements constructed at the cost and expense of Sound Transit.
Nothing in this Agreement, however, shall be construed as granting to Sound
Transit any interest or right in the Light Rail Transit Way or the improvements
on the Light Rail Transit Way other than the rights expressly provided herein.
10.7 No Rights by Implication. No rights shall pass to Sound Transit by implication.
Without limiting the foregoing, by way of example and not limitation, this
Agreement shall not include or be a substitute for:
(a) Any other permit or authorization required for the privilege of
transacting and carrying on a business within the City that may be
required by the ordinances and laws of the City; or
(b) Any permit, agreement or authorization required in connection with
operations on or in public' streets or property, including by way of
example and not limitation, street cut permits; or
(c) Any permits or agreements for occupying any other property of the City
to which access is not specifically granted by this Agreement.
10.8 Street Vacations. Pursuant to the requirements of TMC 11.60 and RCW 35.79,
Sound Transit shall cooperate with the City when it petitions for street vacations
at the locations as generally described in Exhibit "B," attached and incorporated
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herein. Street vacation decisions are discretionary decisions of the City Council
after appropriate notice and public hearing. Nothing within this Section shall be
construed to require the City Council to approve any street vacation, nor shall the
City Council's decision regarding any street vacation impair in any way the City's
grant to Sound Transit for use of the Light Rail Transit Way as described in this
Agreement.
10.9 Property Transfers to City. In the event that Sound Transit acquires real property
that the Parties agree should be transferred to the City for Public Right of Way,
such real property shall be transferred to the City pursuant to the procedures
provided in Tukwila Municipal Code.
11.0 CONSTRUCTION
11.1 Approval for Construction for South 154t~ Street Station. Sound Transit shall
obtain approval f~om the City for the South 154th Street Station Final
Construction Plans through submittal of a Station Building Permit application.
When approving the Station Building Permit application, the City may impose
such reasonable conditions as may be required to implement this Agreement
or other TFR Proj eot approvals.
11.2 Approval of Construction. Sound Transit shall obtain approval f~om the City's
Public Works Director for all Light Rail Transit Facility Final Constmction
Plans (except the South 154th Street Station) through submittal of a Trackway
Construction Permit as described in this Agreement. When approving the
Trackway Construction Perm/t, the Director may impose such reasonable
conditions as may be required to implement this Agreement or other TFR
Project approvals. Final Construction Plans must be accompanied by Final
Right-of-Way Plans.
11.3 Entry upon Light Rail Transit Wa,/. Sound Transit, its employees and agents,
are authorized to enter upon the Light Rail Transit Way to construct, operate
and maintain the Light Rail Transit Facilities, as defined and limited in this
Agreement.
11.4 Record Drawings. As promptly as possible, but in no event later than three
months after the Light Rail Transit System begins operations, Sound Transit
shall furnish to the City record drawings of the As Built Final Construction
Plans and Final Right-of-Way Plans. Record Drawings are Mylars and
associated electronic files prepared in AUTOCAD showing the as-built
condition.
11.5 Temporary Use of Public Right-of-Way. During construction of the Light
Rail Transit System, Sound Transit may fence portions of the Public Right-of-
Way for the temporary storage of construction equipment and materials,
provided that such structures and fences (i) do not interfere with or disrupt in
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any way, other than as may be approved in writing in advance by the City, the
ordinary use of the right-of-way, and (ii) do not interfere with or disrupt in any
way, other than as may be approved in writing in advance by the City, the
ordinary access to property on either side of the Public Right-of-Way. Sound
Transit shall neither store nor temporarily place any goods, materials, or
equipment (i) near a roadway, intersection, or crossing in such a manner as to
interfere with the sight distance of persons approaching such crossing, or (ii)
within such greater distance as prohibited by the City; provided, however, that
fuel and other hazardous substances shall not be stored unless approved by
appropriate officials of the Tukwila Fire Department.
11.6 Utilities During Construction. All conflicting utilities shall be relocated by
Sound Transit at its expense pursuant to applicable provisions of the TMC.
Sound Transit shall fully indemnify the City for any claim and undertake the
defense of any litigation directed at the City arising from such relocation to
accommodate the construction of the Light Rail Transit System. The City
shall cooperate with Sound Transit in the defense of any such claim.
Notwithstand'mg the foregoing, the Parties agree that Sound Transit shall pay
for any relocation or protection of City-owned utilities that the City
determines is necessary due to construction or operation of the Light Rail
Transit System and as required by the TMC.
11.7 Compliance with Laws, Rules, and Regulations. Sound Transit, at Sound
Transit's sole cost and expense, shall furnish all materials, parts, components,
eqmpment and structures necessary to construct and operate the Light Rail
Transit System, or any part thereof, in accordance with this Agreement. Any
and all work by Sound Transit shall be done in a good and workmanlike
manner, in conformity with all applicable engineering, safety, and other statutes,
laws, ordinances, regulations, rules, codes, orders, or specifications of any
public body or authority having jurisdiction.
11.8 Installation. All facilities and installations must meet or exceed applicable
specifications of the City and be in compliance with all existing federal, state
and local laws, ordinances and regulations.
11.9 Track Support. During any work of any character by Sound Transit at locations
of the Light Rail Transit Facilities, and in accordance with the Final
Constmefion Plans, Sound Transit shall .support the tracks and roadbed of the
Light Rail Transit System in such a manner as is necessary for the safe
operation of the Light Rail Transit System and ordinary use of the Public Right-
of-Way.
11.10 Imminent Danger. If, during construction, the Light Rail Transit System
creates, or contributes to, an imminent danger to health, safety, or property that
Sound Transit is unable to immediately address, the City may protect, support,
temporarily discoun¢ct, remove, or relocate any or all parts of the Light Rail
15
Transit System without prior notice, and Sound Transit shall pay for costs
incurred by the City. The City shall provide notice of such danger to Sound
Transit as soon as possible, g~ven the nature and c~mumstances of any such
danger.
11.11 Information Regarding Ongoing Work. In addition to providing notice to the
public of ongoing work as may be required under applicable law, Sound Transit
shall implement the commitments contained in the Community Outreach Plan
Construction Impact Study incorporated herein by reference. These
commitments include but are not limited to the following:
(a) Establish effective communication with residents and businesses;
develop and implement a public relations plan that will provide that
local residents and businesses are fully informed about potentially
significant disruptions, such as temporary street closures, changes in
transit service, and parking availability. Sound Transit shall work with
community and neighborhood groups prior to and through the
construction process to identify types of impacts that would occur, and
to work on ways to reduce those impacts;
(b) Develop a 24-hour monitoring center that provides telephone access for
the public to obtain construction information and to make complaint and
incident reports;
(c) Clearly identify, and make accessible, paths to and from major
transportation facilities, such as designated pedestrian routes, bicycle
lanes, bus routes and stops, designated track routes, and tunnel
entrances;
(d) Work with affected business owners, chambers of commerce, merchants
associations and others to develop a business-marketing program to
m~nimize business disruption during construction;
(e) Work with local school districts to educate school officials and children
about the light rail system and safe street-crossing procedures, especially
on at-grade sections;
(f) Provide regular updates to assis! public school officials in providing
advance and ongoing notice to students and parents concerning
construction activity near schools and school walking routes;
(g) Develop a mitigation commitment hacking system that will provide a
computerized record of all mitigation commitments and a means to track
progress toward meeting those commitments;
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(h) Follow standard construction safety measures, such as installation of
advance warning signs, highly visible construction barriers, and the use
of flaggers;
(i) Post advance notice signs prior to construction in areas where surface
construction activities will affect access to surrounding businesses;
(j) Use lighted or reflective signage to direct drivers to truck haul route and
to provide visibility during nighttime work hours; and
(k) Coordinate street sweeping services in construction areas with
construction activity.
11.12 Restoration of Public Right-of-Way. Sound Transit shall promptly repair any
and all Public Right-of-Way and public property that is disturbed or damaged
during the construction of its Light Rail Transit System to the same condition as
existing prior to construction. In the event Sound Transit does not comply with
the foregoing requirement, the City may, upon seven calendar days' advance
notice to Sound Transit, take actions to restore the Public Right-of-Way or
public property at Sound Transit's sole cost and expense.
11.13 Federal Grant Conditions. Sound Transit's design and construction of the TFR
Project is subject to a fmancial assistance contract between Sound Transit and the
Federal Transit Administration ("FTA"). Both parties recognize that the FTA
may request a change to this Agreement to comply with its funding requirements.
The Parties agree to consider any such request in good faith.
12.0 PERMITS
12.1 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i)
secure and maintain in effect, all federal, state and local permits and licenses
required for the construction, operation and maintenance of the Light Rail
Transit System, including, without limitation, crossing, zoning, building, health,
environmental, and communication permits and licenses, and (ii) indemnify the
City against payment of the costs thereof and against any fines or penalties that
may be levied for failure to procure, or to comply with, such permits or
licenses, as well as any remedial costs incurred by the City in curing any such
failures.
12.2 City Shall Not Hinder. The City shall not hinder Sound Transit's attempts to
secure, obtain, and maintain, at Sound Transit's sole cost and expense, any
permits, licenses or approvals of other governmental agencies or authorities,
or of any necessary Third Parties, for the use of any structures or facilities
(including streets, roads or utility poles).
13.0 ENTRY NOTICE
17
13.1 Access. Sound Transit, its employees and agents shall have access to the
Public Right-of-Way in connection with Sound Transit's construction,
operation, and maintenance of the Light Rail Transit System as is reasonably
necessary in accordance with this Agreement; provided, however, except to
the extent expressly provided in this Agreement, this right of access shall not
be deemed to reqmre the City re take any actions or expend any funds to
enable such persons to exercise such rights of access, and provided further that
such access may not unreasonably interfere with or disrupt, other than in ways
approved in writing in advance by the City, the use of the Light Rail Transit
Way by the City or Third Parties in and along the Light Rail Transit Way.
13.2 Notice Prior to Initial Entry. During construction, Sound Transit shall
provide the City at least 48 hours' advance written notice as provided in a
construction schedule to be reviewed and approved by Sound Transit and the
City before initial entry upon any portion of the Public Right-of-Way for
construction purposes.
13.3 Entry after Construction. After the completion of construction of the TFR
Project, no further construction, maintenance, or repairs shall be undertaken in
the Public Right-of-Way without first obtaining all necessary permits pursuant
to TMC Title 11 or otherwise, except in cases of Emergency. In any such
Emergency, Sound Transit shall apply for a permit within 24 hours of actual
notice of such Emergency.
13.4 City Access to Light Rail Transit Facilities. In order to maintain safe and
efficient operations of the Light Rail Transit Facilities, in consultation with the
City, Sound Transit and the City shall jointly develop standard operating
procedures for the City's entry and access to Light Rail Transit Facilities.
14.0 OPERATION, MAINTENANCE, AND REPAIR IN STREETS AND
RIGHTS OF WAY
14.1 Compliance with Laws, Rules, and Regulations. Sound Transit shall operate,
maintain, and repmr its Light Rail Transit System in compliance with all
federal, state, and local laws, ordinances, departmental rules and regulations
and practices affecting such system, which includes, by way of example and
not limitation, the obligation to operate, maintain, and repair in accordance
with the applicable provisions of City Code. In addition, the operation,
maintenance, and repair shall be performed in a manner consistent with
industry standards. Sound Transit shall exercise reasonable care in the
performance of all its activities and shall rise industry accepted methods and
devices for preventing failures and accidents that are likely to cause damage,
injury, or nuisance to the public or to property.
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14.2 Responsibility for Equipment. The City shall have no responsibility for
respecting, maintaining, servicing or repainng any trains or other equipment
used by Sound Transit as part of the Light Rail Transit System, but all such
equipment shall at all times comply with applicable federal, state, and local
governmental requirements.
14.3 Prompt Repair. Sound Transit shall promptly repair any and all Public Right-
of-Way, public property, or private property that is disturbed or damaged
during the operation, maintenance, or repair of its Light Rail Transit System.
Public property and Public Right-of-Way must be restored to the same
condition as before the disturbance or damage occurred.
14.4 Imminent Danger. In the event of an Emergency, or where the Light Rail
Transit System creates, or is contributing to, an imminent danger to health,
safety, or property that Sound Transit is unable to immediately address, the
City may protect, support, temporarily disconnect, remove, or relocate any or
all parts of the Light Rail Transit System without prior notice, and Sound
Transit shall pay to the City the cost of any such action undertaken by the
City. The City shall provide notice of such danger as soon as possible
thereafter, taking into consideration the nature and complexity of the
Emergency or other imminent danger.
15.0 FACILITY LOCATION SIGNS
15.1 Sound Transit, at its sole cost, expense and risk, shall furnish, erect and
thereafter maintain signs showing the location of all Sound Transit facilities.
Signs shall be in conformance with applicable requirements of TMC Title 19.
16.0 LIABILITY, INDEMNIFICATION
16.1 Sound Transit hereby agrees to indemnify, defend, and hold the City harmless
from any and all claims, demands, suits, actions, damages, recoveries,
judgments, costs, or expenses (including, without limitation, reasonable
attorneys' fees) paid by the City and arising or growing out of or in connection
with or resulting from, either directly or indirectly, the construction,
maintenance, operation, repair, removal, occupancy, and use of the Light Rail
Transit System in the Light Rail Transit Way by Sound Transit, unless such
claims arise from the sole or partial negligence, actions or inaction of the City,
its employees, servants, agents, contractors, subcontractors or persons using
the Light Rail Transit System with permission of the City.
16.2 The City shall give Sound Transit prompt iaotice of any claims of which it is
aware. Sound Transit shall promptly assume responsibility for the claim or
undertake the defense of any litigation on behalf of the City. The City shall
cooperate fully with Sound Transit in the defense of any claim. The City shall
19
not settle any claim without the prior written consent of Sound Transit, which
consent shall not be unreasonably withheld.
16.3 Sound Transit expressly assumes potential liability for actions brought by
Sound Transit's employees and agems against the City and, solely for the
purpose of this indemnification, expressly waives any immunity under the
Industrial Insurance Law, Title 51 RCW. Sound Transit acknowledges that
this waiver was entered into pursuant to the provisions of RCW 4.24.115 and
was the subject of mutual negotiation.
17.0 INSURANCE
17.1 Sound Transit shall maintain, throughout the term of this Agreement and for
six years after its termination, insurance adequate to protect the City against
claims that may arise as a result of the construction, operation, or maintenance
of the Light Rail Transit System in the Light Rail Transit Way, including,
without limitation: (i) comprehensive general liability insurance; (ii) property
damage liability insurance (including coverage for explosion, collapse, and
instability); (iii) workers' compensation insurance (to the extent required by
law); (iv) employer's liability insurance; and (v) comprehensive auto liability
coverage (including owned, hired, and non-owned vehicles).
17.2 Sound Transit shall carry such insurance with responsible insurers or self-
insure or participate in an insurance pool or pools at levels of coverage or with
reserves adequate, in the reasonable judgment of Sound Transit, to protect
Sound Transit and the City against loss, and as are ordinarily carried by
municipal or privately owned entities engaged in the operation of systems
comparable to the Light Rail Transit System.
17.3 Sound Transit shall file with the City's Risk Manager Certificates of Insurance
reflecting evidence of the required insurance and naming the City as an
additional insured where appropriate. The certificates shall contain a
provision that coverage shall not be canceled until at least 30 days' prior
written notice has been given to the City.
17.4 If Sound Transit fails to maintain the required insurance, the City may order
Sound Transit to stop operating the Light Rail Transit System in the Light Rail
Transit Way until the required insurance is obtained.
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18.0 LIENS
18.1 The Light Rail Transit Way and Light Rail Transit Facilities are not subject to
a claim of lien. In the event that any City property becomes subject to any
claims for mechanics', artisans' or matcrialmen's liens, or other encumbrances
chargeable to or through Sound Transit that Sound Transit does not contest in
good faith, Sound Transit shall promptly, and in any event within thirty (30)
days, cause such lien claim or encumbrance to be discharged or released of
record (by payment, posting of bond, ¢our~ deposit or other means), without
cost to the City, and shall indemnify the City against all costs and expenses
(including attorneys' fees) incurred in discharging and releasing such claim of
lien or encumbrance. If any such claim or encumbrance is not so discharged
and released, the City may pay or secure the release or discharge thereof at the
expense of Sound Transit after first giving Sound Transit five ($) business
days' advance notice of its intention to do so. The City shall use its
reasonable best efforts to keep Sound Transit's facilities f~ee of all liens that
may adversely affect the Light Rail Transit System.
18.2 Nothing herein shall preclude Sound Transit's or the City's contest of a claim
for lien or other encumbrance chargeable to or through Sound Transit or the
City, or of a contract or action upon which the same arose.
18.3 Nothing in this Agreement shall be deemed to give, and the City hereby
expressly waives, any claim of ownership in and to any part or the whole of
the Light Rail Transit Facilities except as may be otherwise provided herein.
19.0 TERM; TERMINATION
19.1 This Agreement shall be effective as of the date the last party signs and, unless
sooner terminated pursuant to the terms hereof, shall remain in effect for so
long as the Light Rail Transit Way is used for public transportation purposes.
19.2 Upon termination of this Agreement, Sound Transit agrees to prepare, execute
and detiver to the City all documentation necessary to evidence termination of
this Agreement or portion thereof so terminated. No such termination,
however, shall relieve the Parties hereto of obligations accrued and unsatisfied
at such termination.
19.3 Upon the cessation of use of the Light Rail Transit Way for the Light Rail
Transit System, to the extent any portion of it remaining in the Public Right-
of-Way or on any other public property is not removed by Sound Transit, the
City, as expressed by ordinance, may deem it abandoned and it shall become
the property of the City. If the City does not desire such ownership, Sound
Transit shall remove any remaining portion of the Light Rall System.
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19.4 Sound Transit shall file a written removal plan with the City not later than
sixty (60) calendar days following the date of the receipt of any orders
directing removal, or any consent to removal, describing the work that will be
performed, the manner in which it will be performed, and a schedule for
removal by location. The removal plan shall be subject to approval and
regulation by the City. The affected property shall be restored to as good or
better condition than existed immediately prior to removal.
20.0 REMEDIES; ENFORCEMENT
20.1 Remedies. The Parties reserve the right to exercise any and all of the following
remedies, singly or in combination, in the event the other violates any provision
of this Agreement:
(a) Commencing an action at law for monetary damages;
(b) Commencing an action for equitable or other relief; and
(c) Seeking specific performance of any provision that reasonably lends
itself to such remedy.
20.2 Cumulative Remedies. In determining which remedy or remedies for violation
are appropriate, a court may take into consideration the nature and extent of the
violation, the remedy needed to prevent such violations in the future, whether
the breaching party has a history of previous violations of the same or similar
kind, and such other considerations as are appropriate under the circumstances.
Remedies are cumulative; the exercise of one shall not foreclose the exercise of
others.
20.3 Failure to Enfome. Neither party shall be relieved of any of its obligations to
comply promptly with any provision of this Agreement by reason of any failure
by the other party to enfome prompt compliance, and such failure to enforce
shall not constitute a waiver of rights or acquiescence in the other party's
conduct.
21.0 COVENANTS AND WARRANTIES
21.1 By execution of this Agreement, the City warrants:
(a) That the City has the full right and authority to enter into and perform
this Agreement and any permits that may be granted in accordance with
the terms hereof, and that by enterin~ into or performing this Agreement
the City is not in violation of its charter or by-laws, or any law,
regulation or agreement by which it is bound or to which it is bound or
m which it is subject; and
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(b) That the execution, delivery and performance of this Agreement by the
City has been duly authorized by all requisite corporate action, that the
signatories for the City hereto are authorized to sign this Agreement, and
that, upon approval by the City, the joinder or consent of any other
party, including a court or trustee or referee, is not necessary to make
valid and effective the execution, delivery and performance of this
Agreement.
21.2 By execution of this Agreement, Sound Transit warrants:
(a) That Sound Transit has full right and authority to enter into and perform
this Agreement in accordance with the terms hereof, and by entering into
or performing under this Agreement, Sound Transit is not in violation of
any of its agency governance rules, or any law, regulation or agreement
by which it is bound or to which it is subject; and
(b) That the execution, delivery and performance of this Agreement by
Sound Transit has been duly authorized by all requisite Board action,
that the signatories for Sound Transit hereto are authorized to sign this
Agreement, and that the joinder or consent of any other party, including
a court or trustee or referee, is not necessary to make valid and effective
the execution, delivery and performance of this Agreement.
22.0 RECORDINGS, TAXES AND OTHER CHARGES
22.1 Sound Transit shall pay all transfer taxes, documentary stamps, recording costs
or fees, or any similar expense in connection with the recording or filing of any
permits that may be granted hereunder. Sound Transit further agrees that if it is
determined by any federal, state, or local governmental authority that the sale,
acquisition, license, grant, transfer, or disposition of any part or portion of the
Light Rail Transit Facilities or rights herein described requires the payment of
any tax, levy, excise, assessment, or charges (including, without limitation,
property, sales or use tax) under any statute, regulation, or rule, Sound Transit
shall pay the same, plus any penalty and/or interest thereon, directly to said
taxing authority and shall hold the City harmless therefrom. Sound Transit shall
pay all taxes, levies, excises, assessments, or charges, including any penalties
and/or interest thereon, levied or assessed on the Light Rail Transit Facilities, or
on account of their existence or u~e (including increases attributable to such
existence or use, and excluding taxes based on the income of the City), and shall
indemnify the City against payment thereof. Sound Transit shall have the right
to claim, and the City shall reasonably co.operate with Sound Transit in the
prosecution of any such claim for refund, rebate, reduction or abatement of such
tax(es).
22.2 The City may pay any tax, levy, excise, assessment or charge, plus any penalty
and/or interest thereon, imposed upon Sound Transit for which Sound Transit is
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obligated pursuant to this Section if Sound Transit does not pay such tax, levy,
excise, assessment, or charge when due. Sound Transit shall reimburse the City
for any such payment made pursuant to the previous sentence, plus interest at
the prime rate per annum, as published in the Wall Street Journal.
23.0 ASSIGNABILITY; BENEFICIARY
23.1 This Agreement shall be binding upon and inure to the benefit of the Parties
hereto and their respective successors or assignees. No assignment hereof or
sublease shall be valid for any purpose without the prior written consent of the
other party, and any attempt by one party to assign or license the rights or
obligations hereunder without prior written consent will give the other party the
right, at its written election, immediately m terminate this Agreement or take
any other lesser action with respect thereto. The above requirement for consent
shall not apply to (i) any disposition of all or substantially all of the assets of a
party, (ii) any governmental entity merger, consolidation, or reorganization,
whether voluntary or involuntary, (iii) a sublease or assignment of this
Agreement (in whole or in part) to a governmental entity, or (iv) a sale, lease, or
other conveyance subject to those requirements set forth in this Agreement;
provided, however, that no sublease or assignment under (ii) or (iii) shall be
permitted to a governmental entity not operating, constructing or maintaining a
Light Rail Transit System on behalf of Sound Transit, and provided further that
no unconsented assignment shall relieve Sound Transit of its obligations and
liabilities under this Agreement.
23.2 Either party hereto may assign any monetary receivables due them under this
Agreement; provided, however, such assignment shall not relieve the assignor
of uny of its rights or obligations under this Agreement.
23.3 Sound Transit acknowledges and agrees that the City may designate, in writing,
a designee to (i) receive information (including information designated or
identified as confidential) and notices under this Agreement, and (ii) provide
certmn approvals or consents required from the City under this Agreement. In
the event of such designation, Sound Transit may rely on approvals or consents
by such designee on behalf of the City as fully as if such actions were
performed by the designator itself.
23.4 Neither this Agreement nor any term or provision hereof, or any inclusion by
reference, shall be construed as being for the benefit of any party not a signatory
hereto.
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24.0 DESIGNATED REPRESENTATIVES
24.1 Responsibilities. To promote effective intergovernmental cooperation and
efficiencies, the Parties each designate a representative ("Designated
Representative") who shall be responsible for coordination of communications
between the Parties and shall act as the point of contact for each party. The
Designated Representatives shall be responsible for the performance of the
objectives of this Agreement.
24.2 Coordination. Each Designated Representative is also responsible for
coordinating the input and work of its agency, consultants, and staff as it relates to
the objectives of this Agreement. The Parties reserve the right to change
Designated P, epresentatives, by written notice to the other party during the term of
this Agreement. Each party's Designated Representative is named below with the
individual's contact information.
24.3 Designated Representatives and Contact Information.
Sound Transit During Construction: Rod Kempkes, Project Manager
Sound Transit Link Light Rail
401 South Jackson
Seattle, Washington 98104-2826
206-398-5374
or
Ian Hubbard, Resident Engineer
During Operations: Charles Joseph, Operations Division
Manager
Sound Transit Link Light Rail
401 South Jackson
Seattle, Washington 98104-2826
206-398-5200
City of Tnkwila During Construction: Brian Shelton, City Engineer, and
Bob Benedicto, Building Official
6300 Southcenter Boulevard
Tnkwila, Washington 98188
206-433-1800
During Operations: Brian Shelton, City Engineer
6300 Southcenter Boulevard
Tukwila, Washington 98188
206-433-1800
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25.0 NOTICE
25.1 Unless otherwise provided herein, all notices and communications concerning this
Agreement shall be in writing and addressed as follows. Notice by hand delivery
or facsimile shall be effective upon receipt. If deposited in the mail, notice shall
be deemed delivered 48 hours after deposited. Any party at any time by written
notice to the other party may designate a different address or person to which such
notice or communication shall be given.
If to the City: City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
Attn: Mayor's Office and
Director of Community Development
If to Sound Transit: Central Puget Sound Regional Transit Authority
Union Station
401 S. Jackson St.
Seattle, WA 98104-2826
Attn: Chief Executive Officer
25.2 Unless otherwise provided herein, notices shall be sent by registered or certified
U.S. Mail, or other verifiable physical or electronic transmission, and shall be
deemed served or delivered to addressee, or its office, upon the date of actual
receipt, return receipt acknowledgment, or, if postal claim notice is given, on
the date of its return marked "unclaimed"; provided, however, that upon receipt
of a returned notice marked "unclaimed," the sending party shall make a
reasonable effort to contact and notify the other party by telephone.
26.0 DISPUTE RESOLUTION
26.1 Any disputes or questions of interpretation of this Agreement that may arise
between Sound Transit and the City shall be governed under the Dispute
Resolution provisions in this Section. The Parties agree that cooperation and
communication are essential to resolving issues efficiently. The Parties agree to
exercise their best efforts to resolve any disputes that may arise through this
dispute resolution process, rather than in the media or through other external
means.
26.2 The Parties agree to use their best efforts to prevent and resolve potential sources
of conflict at the lowest level.
26.3 The Parties agree to use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the
following dispute escalation process should any such disputes arise:
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(a) Level One - Sound Transit's Project Manager or Resident Engineer or
equivalent and the City's Planning Supervisor, Building Official, Fire
Marshall or City Engineer shall meet to discuss and attempt to resolve the
dispute in a timely manner. If they cannot resolve the dispute within
fourteen (14) calendar days after referral of that dispute to Level One,
either party may refer the dispute to Level Two.
(b) Level Two - Sound Transit's Director of Link Light Rail and the City's
Community Development Director and/or Public Works Director shall
meet to discuss and attempt to resolve the dispute, in a timely manner. If
they cannot resolve the dispute within fourteen (14) business days after
referral of that dispute to Level Two, either party may refer the dispute to
Level Three.
(c) Level Three - Sound Transit's Executive Director or Designee and the
City Administrator or Designee shall meet to discuss and attempt to
resolve the dispute in a timely manner.
26.4 Except as otherwise specified in this Agreement, in the event the dispute is not
resolved at Level Three within fourteen (14) calendar days after referral of that
dispute to Level Three, the Parties are free to file suit or agree to alternative
dispute resolution methods such as mediation or arbitration. At all times prior to
resolution of the dispute, the Parties shall continue to perform and make any
required payments under this Agreement in the same manner and under the same
terms as existed prior to the dispute.
26.5 In the event that the Parties choose to resolve its dispute through binding
arbitration, the Parties agree to the following procedure:
(a) Bind'rog arbitration between the Parties pursuant to this Section shall be
governed by the rules and procedures set forth in this Section.
(b) If the Parties to the dispute are unable to agree upon a single arbitrator
within fourteen (14) calendar days'of failure to resolve the dispute at the
end of the Level Three process, then a board of three arbitrators shall be
appointed by the American Arbitration Association ("AAA") in
compliance with the Rule of Appointment of Neutral Arbitrator. Any
arbitrator appointed by AAA under this Subsection shall possess
knowledge of the particular matters at issue in the arbitration.
(c) Upon selection of the arbitrator(s), said arbitrator(s) shall determine the
question(s) raised within fourteen (14) calendar days, unless a different
period of fane is otherwise agreed upon by the Parties in writing. Said
arbitrator(s) shall then give both paff~es reasonable notice of the time
(which time shall be within thirty (30) calendar days of the Arbitrator(s)'
determination of the questions raised, unless a different period of time is
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otherwise agreed upon by the Parties), and place of hearing evidence and
argument; take such evidence as the arbitrator(s) deems relevant, with
witnesses required to be sworn; and hear arguments of counsel or others.
(d) After consideration of all evidence, testimony and arguments, said single
arbitrator or said board of arbitrators or a majority thereof shall, within
thirty (30) days of completion of the hearing, promptly state such decision
or award in writing. Said decision or award shall be final, binding, and
conclusive on all parties to the arbitration when delivered to them, except
as provided in Subsection 26.5(I) and 26.5(g). Until the arbitrator(s) issue
the first decision or award upon any question submitted for the arbitration,
performance under the Agreement shall continue in the manner and form
existing prior to the rise of such question. After delivery of said first
decision or award, each party shall forthwith comply with said first
decision or award immediately after receiving it.
(e) Sound Transit and the City shall share equally the compensation, costs,
and expenses of the arbitrators, but each shall be responsible for their own
fees and expenses of its own witnesses, exhibits, and counsel. The
compensation, costs and expenses of the single arbitrator or the additional
arbitrator in the board of arbitrators shall be paid in equal shares by Sound
Transit and the City.
(1) The arbitrator(s) shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and Sound Transit
under this Agreement.
(g) The arbitrator(s) shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible
under any law, regulation, or funding agreement to which the bound party
is subject. The determination of any such impermissibility shall be made
by a court of competent jurisdiction within the State of Washington and
under the laws of the State of Washington. Any such determination shall
be appealable.
27.0 DEFAULT
27.1 No party shall be in default under this Agreement unless it has failed to perform
under this Agreement for a period of thirty (30) calendar days after written notice
of default from any other party. Each notice of default shall specify the nature of
the alleged default and the manner in which the default may be cured
satisfactorily. If the nature of the alleged default is such that it caimot be
reasonably cured within the thirty (30) day period, then commencement of the
cure within such time period and the diligent prosecution to completion of the
cure shall be deemed a cure. Any party not in default under this Agreement shall
have all rights and remedies provided by law including without limitation
damages, specific performance or writs to compel performance or require action
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consistent with this Agreement. The prevailing party (or the substantially
prevailing party if no one party prevails entirely) shall be entitled to reasonable
attorneys' fees and costs.
28.0 GENERAL PROVISIONS
28.1 The Parties shall not unreasonably withhold requests for information, approvals or
consents provided for in this Agreement. The Parties agree to take further actions
and execute further documents, either jointly or within their respective powers
and authority, to implement the intent of this Agreement. The City and Sound
Transit agree to work cooperatively with each other to achieve the mutually
agreeable goals as set forth in this Agreement.
28.2 This Agreement shall be interpreted, construed and enforced in accordance with
the laws of the State of Washington. Venue for any action under this Agreement
shall be King County, Washington.
28.3 This Agreement shall be binding upon and inure to the benefit of the successors
and assigns of the City and Sound Transit.
28.4 A Memorandum of this Agreement shall be recorded against the property legally
described in Exhibit "C."
28.5 Time is of the essence in every provision of this Agreement. Unless otherwise set
forth in this Agreement, the reference to "days" shall mean calendar days. If any
time for action occurs on a weekend or legal holiday, then the time period shall be
extended automatically to the next business day.
28.6 This Agreement is made and entered into for the sole protection and benefit of the
Parties hereto and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
28.7 This Agreement has been reviewed and revised by legal counsel for all parties and
no presumption or rule that ambiguity shall be construed against the party drafting
the document shall apply to the interpretation or enforcement of this Agreement.
The Parties intend this Agreement to be interpreted to the full extent authorized
by applicable law including the requirements of RCW 36.70A.200.
28.8 Each Party shall be responsible for its own costs, including legal fees, incurred
in negotiating or finalizing this Agreement, unless otherwise agreed in writing
by the Parties.
28.9 The Parties shall not be deemed in default with provisions of this Agreement
where performance was rendered impossible by war or riots, civil disturbances,
floods or other natural catastrophes beyond its control; the unforeseeable
unavailability of labor or materials; or labor stoppages or slow downs, or power
outages exceeding back-up power supplies. This Agreement shall not be
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revoked or a party penalized for such noncompliance, provided that such party
takes immediate and diligent steps to bring itself back into compliance and to
comply as soon as practicable under the circumstances without unduly
endangering the health, safety, and integrity of both parties' employees or
property, or the health, safety, and integrity of the public, Public Right-of-Way,
public property, or private property.
28.10 This Agreement may be amended only by a written instrument executed by each
of the Parties hereto. No failure to exercise and no delay in exercising, on the
part of any party hereto, any rights, power or privilege hereunder shall operate
as a waiver hereof, except as expressly provided herein.
28.11 This Agreement constitutes the entire agreement of the Parties with respect to
the subject matters hereof, and supersedes any and all prior negotiations (oral
and written), understandings and agreements with respect hereto.
28.12 Section headings are intended as information only, and shall not be construed
with the substance of the section they caption.
28.13 In construction of this Agreement, words used in the singular shall include the
plural and the plural the singular, and "or" is used in the inclusive sense, in all
cases where such meanings would be appropriate.
28.14 This Agreement maybe executed in several counterparts, each of which shall be
deemed an original, and all counterparts together shall constitute but one and the
same instrument.
29.0 SEVERABILITY
29.1 In case any term of this Agreement shall be held invalid, illegal or
unenforceable in whole or in part, neither the validity of the remaining part of
such term nor the validity of the remaining terms of this Agreement shall in any
way be affected thereby.
IN WITNESS WHEREOF, each of the Parties hereto has executed this
Agreement by having its authorized representative affix his/her name in the appropriate
space below:
CENTRAL PUGET REGIONAL TRANSIT THE CITY OF TUKW1LA
AUTHORITY (SOUND TRANSIT)
By: By:
Joan M. Earl, Chief Executive Officer Steven Mullet, Mayor
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Date: Date:
Authorized by Ordinance
Approved as to form:
By: By:
Stephen G. Sheehy, Legal Counsel Michael R. Kenyon, City Attorney
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Exhibit A
General Description of Light Rail Transit Way
(Attached Maps)
" ¢, ':, "-, C I TY OF SEATTLE
--
~" v'-~' SOUND TRANS I T ~"""" ~'
~ .... CITY OF TUKWlLA I OF 5
SOU~DTBISIT ~ TUKWILA
o~/I o/o4 FREEWAY ROUTE
Sound Transit freeway Route
~"" ~"-~0' SOUND TRANSIT
~ ..... CITY OF TUKWlLA 4 OF 5
08/I ~/0~ FREEWAY ROU?E
SOUND TRANSIT FREEWAY ROUTE
Exhibit B
TFR Project Street Vacations
1) 35th Avenue South for South 154th Street Station
2) 48th Avenue South for aerial trackway
3) 47th Avenue South for aerial trackway
4) 49th Avenue South for aerial trackway
5) South 138th Street for aerial trackway
6) South 146th Street for aerial trackway, retaining wall and access to detention pond -
B-1
Exhibit C
Legal Description for TFR Project
The TFR Project is comprised of the property commonly known as that depicted on
Exhibit A. A complete legal description of the TFR. Project property is located in the
City's project file.
C-1