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Home My WebLink About95-137 - Boeing - Longacres Park Transportation Mitigationq:5- CITY OF TUKWILA LONGACRES PARK TRANSPORTATION MITIGATION AGREEMENT This TRANSPORTATION MITIGATION AGREEMENT "Agreement dated L14 3 i> 19 ..S is made by and between the CITY OF TUKWILA "Tukwila a municipal corporation of the State of Washington and THE BOEING COMPANY "Boeing a Delaware corporation. RECITALS WHEREAS, the Boeing Company has proposed to develop an office park "Office Park at the site of the former Longacres Race Track; and WHEREAS, several alternatives for the Office Park have been evaluated by the City of Renton as lead agency in accordance with the requirements of the State Environmental Policy Act "SEPA and WHEREAS, significant environmental impacts of the Office Park were identified in an environmental impact statement for the Office Park issued by the City of Renton in August of 1994 "Office Park EIS including impacts to the Tukwila transportation system; and WHEREAS, measures mitigating the adverse environmental impacts caused by Boeing's preferred alternative for the Office Park "Alternative 1 are set forth in a Mitigation Document issued by the City of Renton in May, 1995 "Renton Mitigation Document and WHEREAS, the Renton Mitigation Document states that the terms and conditions for the assessment and collection of mitigation fees for traffic impacts to the Tukwila transportation system shall be established in a separate agreement between Boeing and Tukwila; and WHEREAS, additional evaluation of adverse impacts to the Tukwila transportation system will be required during the environmental review for each specific development phase of Alternative 1; and WHEREAS, significant adverse impacts to the Tukwila transportation system caused by a specific development phase of Alternative 1 and not previously identified by the Office Park EIS may be mitigated as a condition of approval of that specific development phase; Longacres Park Mitigation Agreement 12/6/95 Page 2 AGREEMENT NOW, THEREFORE, in consideration of this and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. EIS Analysis Mitigation measures set forth in this Agreement "Tukwila Mitigation Fees are sufficient to mitigate impacts to the Tukwila transportation system of Alternative 1 as analyzed in the Office Park EIS and summarized in the Renton Mitigation Document. 2. Basis of Mitigation/Mitigation Amount The Tukwila Mitigation Fees have been calculated according to the methodology set forth in the Draft Transportation Element in the City of Tukwila Draft Comprehensive Plan (1993). Using this methodology, the vehicle trips, distribution of trips, and corresponding mitigation payments generated by Alternative 1, were calculated as follows: Intersection Location Number of Cost per Mitigation Veh. Trips Vehicle Trip Cost 1) Southcenter Pkwy/ Strander 156 140 21,840 2) Andover Pk E /Strander 234 135 31,590 3) Andover Pk W /Strander 117 377 44,109 4) S 180 /SR 181 117 475 55,575 5) Andover Pk E /Baker 0 377 0 6) Andover Pk W /Minkler 117 392 45,864 7) Southcenter Pkwy /S 168th 117 278 32,526 8) W Valley /Strander 350 283 99,050 9) Interurban Bridge Interchange 623 $1,122 699,006 TOTAL TRIPS /FEES: 1,831 $1,029,560 3. Payment Because the construction of Alternative 1 is planned over a 10 -15 year period, Tukwila has established two optional methods for payment of the Tukwila Mitigation Fees. Boeing shall exercise, at its sole discretion, one of these options for payment of the Tukwila Mitigation Fees. Option 1 recognizes the benefits to Tukwila of receiving the total Tukwila Mitigation Fee in a single payment. In addition to the time value of money, a single payment would provide Tukwila with a substantial amount of money at once, thereby (a) avoiding the need to accumulate funds in smaller increments over a long period of time before meaningful construction could begin and (b) facilitating the acquisition of matching funds. Payment under Option 1 is nonrefundable and is not subject to future rate increases. Boeing, as part of its decision to exercise Option 1, may choose to negotiate with Tukwila to establish how, where, and when early payment Longacres Park Mitigation Agreement 12/6/95 Page 3 moneys will be expended. Option 2 provides for incremental payments of the Tukwila Mitigation Fees to mitigate the impacts caused by specific phases of Alternative 1. The two options are as follows: 3.1 Option 1- December 31, 1995 Payment The total Tukwila Mitigation Fee will be discounted from $1,029,560 to $830,000 if the total fee is paid before December 31, 1995. If Boeing chooses to construct an alternative for the Longacres Park office development other than Alternative 1, fees paid under Option 1 will be credited against any fees assessed to mitigate the transportation impact of that alternative 3.2 Option 2 Incremental Payments Tukwila Mitigation Fees will be assessed against each phase of Alternative 1 in accordance with the specific impact resulting from that phase; provided, that the total Tukwila Mitigation Fee shall not exceed $1,029,560, unless, additional fees are imposed pursuant to Section 5 as set forth below. 4. Status of Transportation Projects The parties acknowledge that several projects referenced in Section 2 of this Agreement are currently being designed or constructed and in some cases have already been completed. The current status of such projects shall in no way impact Tukwila's authority to collect mitigation fees under this Agreement. 5. South 158th Street Limitations, Monitoring, Review The AM and PM peak hour trips for South 158th Street which are attributable to and that may be utilized by the Office Park development shall be limited to 390, which is the "existing condition" for South 158th Street as set forth in the Draft Transportation Element of Tukwila's Draft Comprehensive Plan (1993) Notwithstanding the foregoing, capacity on South 158th Street for AM and PM peak hour trips exceeding 390 that is created as a result of South 158th Street improvements may be utilized by, and only by, the entity financing those improvements. Improvements that may be necessary to increase the number of PM peak hour trips on South 158th Street to accommodate additional traffic generated by Alternative 1 shall be identified through the environmental review process for each phase of development. Tukwila shall periodically monitor AM and PM peak hour traffic volumes on South 158th Street to ensure that limitations are not exceeded by any specifically identifiable entity using the right -of -way. Monitoring will occur at least annually and more frequently if volumes approach the maximum peak hour trips. Monitoring methodology shall be consistent with traffic engineering practices and shall be mutually agreed upon by both parties prior to initiating any monitoring effort. In the event that peak hour limitations are exceeded, Tukwila reserves the right to review the need for additional improvements and to assess additional impact mitigation fees against the entity creating the unmitigated traffic impacts and any such additional impact fees shall be in addition to and not withstanding the total fees provided for in Section 3.2 above. Longacres Park Mitigation Agreement 12/6/95 Page 4 6. Assignment This Agreement shall be binding upon and inure to the benefit of the successors and assigns of both parties hereto 7. Severability In the event that a court of competent jurisdiction determines that any phrase, section, subsection or clause in this Agreement is invalid, all remaining phrases, sections, subsections, or clauses shall remain in full force and effect. CITY OF TUKWILA J Rants, Mayor Attest/Authenticated: �k AGREED TO THIS a day of C Jade E. Cantu, City Clerk THE BOEING COMPANY By Nax i�e( J .''J. Nel son Title. VP -FAMO BCAG STATE OF WASHINGTON County of King ss Approved As to Form: //..‘eZ (26 Office of the City Attorney ,199'S Tom, On this day of 19 personally appeared before me An_ S 0 to e known to be the I/Q- r l v %cT /i ,v of the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that was duly elected, qualified and acting as said officer of that corporation, that was authorized to Longacres Park Mitigation Agreement 12/6/95 Page 5 execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOS PUBLIC in and for the State of 4.) o yr c �%liw Residing at My commission expires