HomeMy WebLinkAboutReg 2014-12-01 Item 6B - Ordinance - Pocket Park Development Agreement with Tukwila TSD (90 Andover Park East Development)COUNCIL AGENDA SYNOPSIS
Initials
tvJeetittg Date
Prepared by
Mayor's review
Council review
11/24/14
MD
'1)1,4
4,
12/01/14
MD
❑ Resolution
AIig Date
❑ Bid A; ar d
Mg Date
8 Public Hearing
❑ Other
e'11tg Date
AN Date
AN Date 12/1/14
AIII Date 11/24/14
SP( )Ns( )R ❑ Council '\favor • FIR la DC:D ■ t inrrnte ❑ I-7irr • 17' ❑ Re -R IN Ponce E Pli..
Si°t )Ntic)R'S Approval of an Ordinance and Development Agreement for the proposed hotel
SL ...\ \I.1RV development at 90 Andover Park East that would allow the shared use of parking in the
right -of -way of Christensen Road in exchange for the construction of a public pocket park.
The Council is being asked to hold a public hearing and consider the draft ordinance and
the associated development agreement.
ITEM INFORMATION
ITEM No.
87
STAFF F SPONSOR: JACK PACE
ORIGIN:11, AuIs"ND:1 DATE: 11/24/14
AcI.Nt3:w ITEM TI iI.i: An Ordinance and Development Agreement
Park East.
for the proposed
hotel at 90
Andover
CA't"i .(i() RY @ Da
rciu'ion
11/24/14
Q Motion
Mtg Date
❑ Resolution
AIig Date
I`I Ordinance
❑ Bid A; ar d
Mg Date
8 Public Hearing
❑ Other
e'11tg Date
AN Date
AN Date 12/1/14
AIII Date 11/24/14
SP( )Ns( )R ❑ Council '\favor • FIR la DC:D ■ t inrrnte ❑ I-7irr • 17' ❑ Re -R IN Ponce E Pli..
Si°t )Ntic)R'S Approval of an Ordinance and Development Agreement for the proposed hotel
SL ...\ \I.1RV development at 90 Andover Park East that would allow the shared use of parking in the
right -of -way of Christensen Road in exchange for the construction of a public pocket park.
The Council is being asked to hold a public hearing and consider the draft ordinance and
the associated development agreement.
RI1VI1:WED Hi'
• COW Mtg.
Cmte
14
CA &P Cmte
❑ 1' &S Cmte
❑ Parks Comm.
COMMITTEE CHAIR: JOE
n 'Transportation
Cmte
Utilities
DATE: 11/12/14
❑ Arts Comm.
• Planning Comm.
DUFFIE
RECOMMENDATIONS:
SPONSOR /AONI1\.
CommilTi
Department of Community Development
:I: Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPt'sN17rruRl: R1ia.QUIRI.1_) AMOI'N"r BUDGETED APPROPRIATION REQUIRED
$
Fund Source:
Coti]trments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/24/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/24/14
Informational Memorandum dated 11/04/14
Vicinity Map
Ordinance in Draft Form
Development Agreement with Exhibits 1, 2, 3
Map showing riverbank in the vicinity of the site
Minutes from the Community Affairs and Parks Committee meeting of 11/12/14
12/1/14
Final Ordinance with attachments
87
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING
THE DEVELOPMENT AGREEMENT WITH TUKWILA TSD,
LLC, FOR THE SHARED USE OF PARKING IN THE PUBLIC
RIGHT -OF -WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE
NORTH END OF CHRISTENSEN ROAD, AS IT RELATES TO
THE PLANNED DEVELOPMENT OF A HOTEL LOCATED AT
90 ANDOVER PARK EAST; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, Tukwila TSD, LLC, desires to build a new five -story hotel at 90
Andover Park East with over 90 guest rooms; and
WHEREAS, Tukwila TSD, LLC, proposes non - exclusive use of parking and drive
aisle area in the right -of -way of Christensen Road to meet the parking requirements for
the proposed hotel at 90 Andover Park East; and
WHEREAS, Tukwila TSD, LLC, also proposes to develop and maintain a pocket
park within the cul -de -sac area of Christensen Road; and
WHEREAS, the City of Tukwila and Tukwila TSD, LLC, wish to enter into a
Development Agreement for the shared use of parking in the public right -of -way of
Christensen Road and the development of a public pocket park at the north end of
Christensen Road, as it relates to the planned development of a hotel located at 90
Andover Park East, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 24th day of November 2014 to take public
testimony regarding this Development Agreement, as proposed; and
We Word Processiag \Ordin•nces \Public pocket park at 90 APE DA 11-3 -14
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WHEREAS, the City Council finds that the terms of this Development Agreement
are necessary to achieve public benefits, to respond to changing community needs and
to encourage modifications that adequately achieve the purposes of otherwise
applicable City standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement. The Development Agreement by and
between the City of Tukwila and Tukwila TSD, LLC, for the use of shared parking in the
public right -of -way of Christensen Road and the development of a public pocket park at
the north end of Christensen Road, as it relates to the planned development of a hotel
located at 90 Andover Park East, a copy of which is attached hereto as Exhibit A, is
hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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,
a Regular Meeting thereof this day of , 2014.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Exhibit A — Development Agreement
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND TUKWILA TSD LLC, FOR THE SHARED USE OF PARKING IN THE RIGHT OF
WAY OF CHRISTENSEN ROAD AND THE
DEVELOPMENT OF A PUBLIC POCKET PARK AT THE NORTH END OF
CHRISTENSEN ROAD, AS IT RELATES TO THE PLANNED DEVELOPMENT OF A
HOTEL LOCATED AT 90 ANDOVER PARK EAST
I. PREAMBLE
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
, 2014, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Tukwila TSD LLC, a (corporation,
limited partnership, partnership, etc.) organized under the laws of the State of Washington,
hereinafter the "Developer."
II. RECITALS
WHEREAS, the Developer desires to develop a new five -story hotel at 90 Andover Park East
with over 90 guest rooms; and
WHEREAS, one parking space per guest room is required for lodging uses in the Tukwila
Urban Center Transit Oriented Development District; and
WHEREAS, the Developer has submitted a site plan showing the required number of parking
stalls for the hotel cannot be accommodated as surface parking on the project site; and
WHEREAS, the Developer proposes non - exclusive use of parking and drive aisle area in the
right -of -way of Christensen Rd. to meet the parking requirements for the proposed hotel at 90
Andover Park East; and
WHEREAS, the City of Tukwila is the owner of the Christensen Rd. right -of -way, which
includes undeveloped area adjacent to the project's eastern property line, paved street, parking, and
cul -de -sac areas; and
WHEREAS, the parking area in the right -of -way of Christensen Rd. is currently used by
members of the public for access to the Green River Trail, shoreline, and parks areas; and
WHEREAS, hotel parking spaces are expected to be used primarily in the evening and
nighttime hours; parking spaces for trail, shoreline, and parks access are expected to be used during
daylight hours; and
WHEREAS, the Developer proposes to develop and maintain a public pocket park within the
cul -de -sac area as outlined in Exhibit B in exchange for use of the other right -of -way areas on the
east side of the project site for parking; and
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WHEREAS, the Developer proposes to add parking spaces within the undeveloped right -of-
way area adjacent to the hotel site and to reconfigure existing spaces to increase the number of
parking spaces that would be shared for hotel use and the public for access to the Green River Trail;
and
WHEREAS, all parking spaces within the right -of -way area will be shared and at least four
spaces will be designated for non -hotel users to ensure access to the Green River Trail for members
of the public; and
WHEREAS, the Developer proposes to maintain the parking area within the right -of -way as
outlined in Exhibit B for the length of this agreement; and
WHEREAS, the vision for parking areas within the Transit Oriented Development (TOD)
Neighborhood in the Southcenter Subarea Plan is that "parking will be accommodated by a
combination of off- and on- street parking spaces /lots" and shared parking facilities. "Such facilities
can be shared between public and private uses" (p. 19); and
WHEREAS, the Southcenter Element of Tukwila's Comprehensive Plan includes policy
12.2.1 to "Recognize, protect and enhance the open space network by augmenting existing parks,
enhancing access to passive and active recreation areas such as Tukwila Pond, Minkler Pond and the
Green River.... "; and
WHEREAS, the Developer proposes to construct a pedestrian connection between the
intersection of Andover Park East and Tukwila Parkway to the pocket park and Green River Trail;
and
WHEREAS, implementation strategies for policy 10.2.1 of the Tukwila Comprehensive Plan
include "Look for opportunities for pocket park development" and "Seek opportunities for
public /private partnerships; and
WHEREAS, a through -way from Andover Park East to Christensen Rd will be constructed as
part of the project to replace the emergency vehicle maneuvering function of the cul -de -sac; and
WHEREAS, the pocket park will be a City of Tukwila park that will provide mutual benefits
to hotel guests and the public; and
WHEREAS, uses that provide public access and public recreation are prioritized in the Urban
Conservancy Environment in the Shoreline Element of the Tukwila Comprehensive Plan and the
proposed development furthers this goal; and
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local government and a person having ownership or control of real property
within its jurisdiction (RCW 36.70B.170(1)); and
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WHEREAS, a development agreement must set forth the development standards and other
provisions that shall apply to, govern and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW 36.70B.170(1));
and
WHEREAS, for the purposes of this development agreement, "development standards"
includes, but is not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by a local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, TMC Section 18.86.030 explicitly allows for flexibility in development
standards applicable to a property developed under a development agreement "to achieve public
benefits, respond to changing community needs, or encourage modifications which provide the
functional equivalent or adequately achieve the purposes of otherwise applicable City standards "; and
WHEREAS, this Development Agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement "), relates to the development known as the 90
Andover Park East Hotel and Pocket Park, which is located at: 90 Andover Park East (hereinafter the
"Subject Property "); and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on November 24,
2014, and the City council approved this Development Agreement by Ordinance on
; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereto agree as follows:
III. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property,
consisting of 0.39 acres (approximately17,000 square feet) in the City of Tukwila located at 90
Andover Park East and a portion of Christensen Road right -of -way for a ninety -two (92) room five
(5) story hotel, a Pocket Park, and forty -five (45) shared parking spaces on Christensen Road right -
of -way, as shown on Exhibit B.
Section 2. The Subject Property. The Subject Property and right -of -way are legally
described in Exhibit A, attached hereto and incorporated herein by this reference.
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Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200.
b) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
f) "Existing Land Use Regulations" means the ordinances adopted by the City Council of
Tukwila in effect on the Effective Date, including the adopting ordinances that govern the permitted
uses of land, the density and intensity of use, and the design, improvement, construction standards
and specifications applicable to the development of the Subject Property, including, but not limited to
the Comprehensive Plan, the City's Official Zoning Map and development standards, the Design
Manual, the Public Works Standards, SEPA, Concurrency Ordinance, and all other ordinances,
codes, rules and regulations of the City establishing subdivision standards, park regulations, building
standards. "Existing Land Use Regulation" does not include non -land use regulations, which
includes taxes and impact fees.
g) "Landowner" is the party who has acquired any portion of the Subject Property from the
Developer who, unless otherwise released as provided in this Agreement, shall be subject to the
applicable provisions of this Agreement. The "Developer" is identified in Section 5 of this
Agreement.
h) "Project" means the anticipated development of the Subject Property, as specified in
Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits.
i) "Vesting date" means the date a valid and fully complete building permit application for
the hotel is submitted to the City of Tukwila.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit 1 - legal description of the Subject Property and the right -of -way.
b) Exhibit 2 - Conceptual Site Plan
c) Exhibit 3 - Conceptual Site Plan of the Pocket Park including a list of park amenities;
construction and maintenance cost estimates for the Pocket Park and parking area; and
land value estimate for the parking and drive -aisle area of Christensen Road right -of -way.
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Section 5. Parties to Development Agreement. The parties to this Agreement are:
a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
b) The "Developer" or Owner is a private enterprise which owns the Subject Property in fee,
and whose principal office is located at 21109 66th Avenue South, Kent, WA 98032.
c) The "Landowner." From time to time, as provided in this Agreement, the Developer may
sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who, unless
otherwise released, shall be subject to the applicable provisions of this Agreement related to such
portion of the Subject Property.
Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project
is a private development and that the City has no interest therein except as explicitly outlined in this
Agreement and as authorized in the exercise of its governmental functions.
Section 7. Effective Date and Term. This Agreement shall commence upon the effective
date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of
50 years, with the option to extend the Agreement an additional 30 years, unless extended or
terminated as provided herein. Following the expiration of the term or extension thereof, or if sooner
terminated, this Agreement shall have no force and effect, subject however, to post - termination
obligations of the Developer or Landowner.
Section 8. Terms.
A. Design
• The Project at 90 Andover Park East shall be allowed non - exclusive use rights for the parking
spaces and drive aisle area of Christensen Rd (as depicted in Exhibit B) to meet minimum
parking requirements for the development. This Agreement shall not preclude the City from
entering into additional agreements regarding use of this area by other private parties. The
Project will be subject to the development regulations in effect at the time of complete permit
application submittals.
• The site plan attached as Exhibit B is included with this Agreement for reference only, and
has not yet been approved as of the date of execution of this Agreement. The site plan shall
be subject to modifications during review of the required land use permits.
• As a result of the cul -de -sac closure for use as the pocket park, public access through 90
Andover Park East is hereby allowed and provided for.
• The Developer shall construct a pedestrian connection between the intersection of Andover
Park East and Tukwila Parkway to the proposed pocket park and the Green River Trail.
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• All shared parking stalls will be constructed and maintained to Public Works Infrastructure
Design and Construction Standards.
• The detailed park design meeting the requirements for approval shall be approved by the
Director of the City of Tukwila Parks and Recreation Department as part of the building
permit approval process. The Conceptual Plan (Exhibit C) shall be revised to address the
following items:
a) Specific locations of the trash receptacles and the three outdoor exercise pieces shall be
noted.
b) A short pathway connecting the trails /walkways shall be included.
c) Specifications and details of the monument wall and the outdoor exercise equipment shall
be preapproved by the Parks Department.
• The Developer shall be responsible for making a payment of $10,000 for the
Green/Duwamish River restoration/planting projects or to implement the goals and policies of
the City's Comprehensive Plan related to Urban Forestry. This payment shall be made prior to
the issuance of the building permit for the hotel.
B. Construction
• The cost of permits and plans required for construction of the park and parking area shall be
borne by the Developer and submitted as part of the permits for the hotel. The pocket park
must receive final approval by all required City departments prior to issuance of the
Certificate of Occupancy for the hotel.
• The Developer is responsible to provide any electrical service that may be necessary for the
pocket park.
C. Maintenance
• The pocket park and the parking area shall be subject to inspections every five years.
• Developer is solely responsible for the cost and maintenance of the pocket park and the
parking spaces. New striping of the parking spaces shall be completed every three years.
• A detailed maintenance plan for the pocket park must be submitted and preapproved by the
Parks and Recreation Department before acceptance.
D. Operations
• A total of 92 parking spaces are required for the 92 -room hotel as proposed. The site plan in
Exhibit B includes 98 parking spaces. All parking spaces within the right -of -way of
Christensen Road shall be for the joint use of the hotel users and members of the public and at
least four spaces shall be designated for non -hotel users to ensure access to the Green River
Trail for members of the public.
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Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights, obligations,
terms and conditions specified in this Agreement, are fully vested in the Developer and may not be
changed or modified by the City, except as may be expressly permitted by, and in accordance with,
the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
Section 10. Minor Modifications. Minor modifications from the approved permits or the
exhibits attached hereto may be approved in accordance with the provisions of the City's code, and
shall not require an amendment to this Agreement.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing
Land Use Regulations contemplate the exercise of further discretionary powers by the City. These
powers include, but are not limited to, review of additional permit applications under SEPA. Nothing
in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally
required public hearings, or to limit the discretion of the City and any of its officers or officials in
complying with or applying Existing Land Use Regulations.
Section 12. Existing Land Use Fees and Impact Fees.
A. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement
may be increased by the City from time to time, and are applicable to permits and approvals for the
Subject Property, as long as such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as
addressed in Chapters 16.26 and 9.48 of the Tukwila Municipal Code.
IV. GENERAL PROVISIONS
Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement
without the written consent of the other Party, which consent shall not unreasonably be withheld.
This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors, and
assigns of the Developer and the City.
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set
forth herein.
Section 3. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity of the remainder of this
Agreement, or the validity of its application to other persons or circumstances.
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Section 4. Termination. This Agreement shall expire and /or terminate as provided below:
A. This Agreement shall expire and be of no further force and effect if the Developer fails to
submit a complete building permit application for the construction of the hotel within one year, or if
the Project construction is not completed within three years, of the effective date of this Agreement;
or if at any time after Project construction is completed, Developer fails to maintain the Pocket Park
and the parking areas according to the terms of this Agreement. Nothing in this Agreement shall
extend the expiration date of any permit or approval issued by the City for any development.
B. This Agreement shall expire and be of no further force and effect if the Developer does
not construct the Project as contemplated by the permits and approvals identified in this Agreement,
or submits applications for development of the Subject Property that are inconsistent with such
permits and approvals.
C. This Agreement shall terminate at such time as a change of use occurs at 90 Andover Park
East, or at such time as 90 Andover Park East is redeveloped.
D. This Agreement shall terminate in the event the Washington State Department of
Transportation (WSDOT) widens Interstate 405 in vicinity of the Subject Property, or should any
other project or condition arise that requires reconfiguration of Tukwila Parkway, the Project parking
area, and/or the Pocket Park.
E. This Agreement shall terminate upon the abandonment of the Project by the Developer.
The Developer shall be deemed to have abandoned the Project if /when written notice is provided to
the City that the Developer's interest in the Project has been terminated. Said notice shall be given to
the City no more than thirty (30) days after the Developer's interest in the Project is terminated.
F. This Agreement may terminate pursuant to Section IV.3, Severability, or Section W.10,
Default, or as otherwise outlined in this Agreement.
G. If the use will continue upon expiration of the term of this Agreement, the Developer shall
either negotiate a new agreement with the City or provide documentation showing how the number of
parking spaces required by the codes at the time of expiration will be provided.
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Section 5. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of
the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to pay
assessments, liens, fees or taxes.
Section 6. Effects upon Termination on City. Upon any termination of this Agreement as
to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no longer
be vested hereby with respect to the property affected by such termination (provided that vesting of
such entitlements, conditions or fees may then be established for such property pursuant to then
existing planning and zoning laws).
Section 7. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with the laws of the State of Washington. Venue for any action shall lie in King County
Superior Court or the U.S. District Court for Western Washington.
Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to
any award of attorneys' fees.
Section 10. Notice of Default/Opportunity to Cure/Dispute Resolution.
A. In the event a Party, acting in good faith, believes the other Party has violated the terms of this
Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged
violation by sending a detailed written statement of the alleged breach. The alleged offending Party
shall have thirty (30) days from receipt of written notice in which to cure the alleged breach unless
the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a
resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of
an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any
dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be
filed until the latter of (a) the end of the cure period or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the thirty (30) day period or other time period as agreed to by the
Parties, if such default has not been cured or is not being diligently cured in the manner set forth in
the notice, the other party or Landowner to this Agreement may, at its option, institute legal
proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce
the City's Codes, and to obtain penalties and costs as provided in the Tukwila Municipal Code for
violations of this Development Agreement and the Code.
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Section 11. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties
hereto only and is not intended to benefit any other person or entity, and no person or entity not a
signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under
this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and
provisions of this Agreement.
Section 12. Integration. This Agreement and its exhibits represent the entire agreement of
the parties with respect to the subject matter hereof. There are not other agreements, oral or written,
except as expressly set forth herein.
Section 13. Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into this Agreement and to carry out all actions required of them by this
Agreement. All persons are executing this Agreement in their representative capacities and represent
and warrant that they have full power and authority to bind their respective organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set forth in
this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and
burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every
purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be
obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary
thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof,
sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully
perform all of the duties and obligations of a Developer contained in this Agreement, as such duties
and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This
Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development agreement
(see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from
making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or
development regulations affecting the Subject Property as the City Council may deem necessary to
the extent required by a serious threat to public health and safety. Nothing in this Development
Agreement shall prevent the City Council from making any amendments of any type to the
Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the
Subject Property.
Section 16. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Agreement as provided herein.
10
100
Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be
sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as
designated in Section 5. Notice to the City shall be to the attention of both the Mayor's Office and
the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only
for those Landowners who have given the City written notice of their address for such notice. The
parties hereto may, from time to time, advise the other of new addresses for such notices, demands or
correspondence.
Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as an
applicant incurred by City directly relating to this Agreement, including recording fees, publishing
fees and reasonable staff and consultant costs not otherwise included within application fees. This
Agreement shall not take effect until the fees provided for in this section, as well as any processing
fees owed to the City for the Project, are paid to the City. This Agreement shall be terminated if the
Developer does not pay to the City the fees provided for in this section. Upon payment of all
expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees
shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement
of charges to the Developer
Section 19. Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general law.
Section 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a party or a Landowner to challenge this
Agreement or any provision herein, the City and Developer will collaborate to resolve such legal
action. In the event such legal action cannot be resolved, the City may elect to tender the defense of
such lawsuit or individual claims in the lawsuit to Developer and/or Landowner(s). In such event,
Developer and/or such Landowners shall hold the City harmless from and defend the City from all
costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit,
including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the
prevailing party or parties in such litigation. Neither the City nor the Developer and/or Landowner
shall settle any lawsuit without the consent of the other. The City and Developer/Landowner shall act
in good faith and shall not unreasonably withhold consent to settle.
Section 21. No Presumption Against Drafter. This Agreement has been reviewed and
revised by legal counsel for both 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.
Section 22. Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Section 23. Recording. Developer shall record an executed copy of this Agreement with the
King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the
Effective Date.
11
101
Section 24. Legal Representation. In entering into this Agreement, Developer represents
that it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the
contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily
accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER: CITY OF TUKWILA
By By
Its Managing Member Its Mayor
Tukwila TSD LLC
21109 66th Avenue South
Kent, WA 98032 ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2014, before me personally
appeared , to me known to be the individual that
executed the within and foregoing instrument, and acknowledged the said instrument to be his/her
free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that
he /she is authorized to execute said instrument.
12
102
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day of , 2014, before me personally
appeared , and said person acknowledged that he /she
signed this instrument, on oath stated that he /she was authorized to execute the instrument, and
acknowledged as the of the City of Tukwila to be the free and voluntary
act of said party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
13
103
EXHIBIT 1
NOVEMBER 18, 2014
PROJECT NO. 06007
EXHIBIT 1 -A
LEGAL DESCRIPTION OF PROPERTY
TRACT 4, ANDOVER INDUSTRIAL PARK NO. 1, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 66 OF PLATS, PAGE 36, RECORDS OF KING
COUNTY, WASHINGTON;
EXCEPT THE SOUTH 28 FEET THEREOF; AND
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NO. 592245, ACCORDING TO DECREE FILED JANUARY 14,
1963.
104
EXHIBIT 1 -B
LEGAL DESCRIPTION
PARKING EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR VEHICULAR PARKING PURPOSES OVER, ACROSS AND UPON
THE RIGHT -OF -WAY OF CHRISTENSEN ROAD, BEING LOCATED IN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON. SAID EASEMENT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
231.72 FEET;
THENCE SOUTH 05 °16'00" EAST 40.00 FEET TO THE POINT OF INTERSECTION OF
THE SOUTH MARGIN OF TUKWILA PARKWAY WITH THE WEST MARGIN OF
CHRISTENSEN ROAD;
THENCE SOUTHERLY ALONG SAID WEST MARGIN ON A CURVE TO THE RIGHT,
HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 00 °13'45 ", THE CENTER
OF WHICH BEARS SOUTH 80 °38'25" WEST, AN ARC DISTANCE OF 1.75 FEET TO
THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, A
CENTRAL ANGLE OF 28 °38'13" EAST, THE CENTER OF WHICH BEARS
NORTH 23 °22'13" EAST, AN ARC DISTANCE OF 17.49 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 84 °44'00" EAST 46.59 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT;
THENCE SOUTHERLY AND EASTERLY ON A CURVE TO THE LEFT, HAVING A RADIUS
OF 16.94 FEET, A CENTRAL ANGLE OF 73 °30'10 ", THE CENTER OF WHICH BEARS
NORTH 87 °22'15" EAST, AN ARC DISTANCE OF 21.74 FEET TO A POINT OF
REVERSE CURVATURE;
THENCE EASTERLY AND SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A
RADIUS OF 2.50 FEET, A CENTRAL ANGLE OF 72 °45'37 ", THE CENTER OF WHICH
BEARS SOUTH 13°52'05" WEST, AN ARC DISTANCE OF 3.17 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE SOUTHERLY ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 1547.72
FEET, A CENTRAL ANGLE OF 09 °37'47, THE CENTER OF WHICH BEARS
SOUTH 86 °37'42" WEST, AN ARC DISTANCE OF 260.13 FEET;
THENCE NORTH 84 °06'43" WEST 43.00 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE LEFT;
PAGE 1
105
(PARKING EASEMENT CONTINUED)
THENCE NORTHERLY ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1504.72
FEET, A CENTRAL ANGLE OF 01 °05'52 ", THE CENTER OF WHICH BEARS
NORTH 83 °43'52" WEST, AN ARC DISTANCE OF 28.83 FEET TO A POINT OF
COMPOUND CURVATURE;
THENCE NORTHERLY AND WESTERLY ON A CURVE TO THE LEFT, HAVING A
RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 93 °47'54, THE CENTER OF WHICH
BEARS NORTH 84 °49'45" WEST, AN ARC DISTANCE OF 40.93 FEET TO THE WEST
MARGIN OF CHRISTENSEN ROAD;
THENCE NORTH 00 °45'11" WEST ALONG SAID WEST MARGIN 152.13 FEET TO THE
BEGINNING OF A TANGENT CURVE TO THE LEFT;
THENCE CONTINUING NORTH ALONG SAID WEST MARGIN ON A CURVE TO THE
LEFT, HAVING A RADIUS OF 437.50 FEET, A CENTRAL ANGLE OF 08 °22'39 ", THE
CENTER OF WHICH BEARS SOUTH 89 °14'49" WEST, AN ARC DISTANCE OF 63.97
FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PAGE 2
106
EXHIBIT 1-C
VEHICULAR PARKING EASEMENT AREA
N _84'00 -E
30'
ANDOVER PARK EAST
N 0012'09" W
R= 50.00'
A=84'56'09"
L= 74.12'
231.72'
TUKWILA PARKWAY
N 84'44'00" E
159.38'
T.L. NO. 022300 - 0040 -03
1°= 50'
NOV. 2014
PROJECT NO. 06007
211.59'
N 89'47'51" E
o;�
0 0'Q
_�o
m
R= 437.50'
A=08'36'24"
L= 65.72'
\
s. ,ii�iii ZviiiV�iW. NN �. ��� ,, NN\ ,J
�oF
PAGE 1 OF 2
)00
N
t0
N
40'
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
107
EXHIBIT 1 —C — CONTD.
VEHICULAR PARKING EASEMENT AREA
231.72'
I
0 ct
_o
C1
TPOB
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS,
RADIAL BEARING
C1
0'13'45"
1.75'
437.50'
S 80'38'25" W
C2
28'38'13"
17.49'
35.00'
N 23'22'13" E
C3
73'30'10"
21.74'
16.94'
N 8722'15" E
C4
72'45'37"
3.17'
2.50'
S 13'52'05" W
C5
9'37'47"
260.13'
1547.72'
S 86'37'42" W
C6
1'05'52"
28.83'
1504.72'
N 83'43'52" W
C7
93'47'54"
40.93'
25.00'
N 84'49'45" W
C8
8'22'39"
63.97'
437.50'
S 8914'49" W
LINE TABLE
NUM
BEARING
DISTANCE
L1
N 84'44'00" E
46.59'
L2
N 84'06'43" W
43.00'
L3
N 00'45'11" W
152.13'
1 " =50'
NOV. 2014
PROJECT NO. 06007
C2 L1 c
1h0",,XX...IONNX w,iiiii46iiiiiiii.r r
PAGE 2 OF 2
)01'
■
■
0
11M HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
108
EXHIBIT 1 -D
LEGAL DESCRIPTION
POCKET PARK EASEMENT
NOVEMBER 18, 2014
PROJECT NO. 06007
AN EASEMENT FOR POCKET PARK PURPOSES OVER, ACROSS AND UPON THE
RIGHTS -OF -WAY OF TUKWILA PARKWAY AND CHRISTENSEN ROAD, BEING
LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK
EAST WITH THE CENTERLINE OF TUKWILA PARKWAY AS MARKED BY A CONCRETE
MONUMENT;
THENCE NORTH 84 °44'00" EAST ALONG THE CENTERLINE OF TUKWILA PARKWAY
220.02 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTHERLY AND EASTERLY ALONG A NON - TANGENT CURVE TO THE
RIGHT, HAVING A RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 150 °25'43 ", THE
CENTER OF WHICH BEARS SOUTH 78 °05'28" EAST, AND ARC DISTANCE OF 82.13
FEET;
THENCE SOUTH 72 °17'22" WEST 1.33 FEET TO THE BEGINNING OF A NON -
TANGENT CURVE TO THE RIGHT;
THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °02'29 ", THE CENTER OF WHICH BEARS
SOUTH 72 °20'22" WEST, AN ARC DISTANCE OF 15.70 FEET TO THE BEGINNING OF
A NON - TANGENT CURVE TO THE RIGHT;
THENCE EASTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 45 °26'42 ", THE CENTER OF WHICH BEARS
SOUTH 03 °19'48" EAST, AN ARC DISTANCE OF 18.51 FEET;
THENCE SOUTH 04 °19'51" EAST 15.19 FEET;
THENCE SOUTH 84 °44'00" WEST 40.26 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 23.34
FEET, A CENTRAL ANGLE OF 05 °24'04 ", THE CENTER OF WHICH BEARS
NORTH 86 °14'34" EAST, AN ARC DISTANCE OF 2.20 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
THENCE WESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 29.95
FEET, A CENTRAL ANGLE OF 30 °34'57 ", THE CENTER OF WHICH BEARS
NORTH 14 °04'01" WEST, AN ARC DISTANCE OF 15.99 FEET;
THENCE SOUTH 16 °30'56" WEST 1.33 FEET TO THE BEGINNING OF A
NON - TANGENT CURVE TO THE RIGHT;
PAGE 1
109
(POCKET PARK EASEMENT CONTINUED)
THENCE WESTERLY AND NORTHERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 31.28 FEET, A CENTRAL ANGLE OF 85 °23'35 ", THE CENTER OF WHICH
BEARS NORTH 16 °30'56" EAST, AN ARC DISTANCE OF 46.62 FEET TO THE TRUE
POINT OF BEGINNING.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PAGE 2
110
30'
ANDOVER PARK EAST
30'
N 84'44100"..E
N 0012'09" W
EXHIBIT 1 -E
POCKET PARK EASEMENT AREA
R= 50.00'
0= 84'56'09"
L= 74.12'
267.49' _ — ---�-
220.02'
TUKWILA PARKWAY
N 84'44'00" E
159.38'
T.L. NO. 022300 - 0040 -03
211.59'
R= 437.50'
A=08'36'24"
L= 65.72'
1 " =50'
NOV. 2014
PROJECT NO. 06007
N 89'47'51" E
0f16%/7iiiiii////// \\\\\NV:\\\\‘`.\\Ml per
ANY E'
N NSN NSw4 :iiiiiriiZOiii
PAGE 1 OF 2
40'
CHRISTENSEN ROAD
40'
N 00'45'11" W
TIM HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
111
EXHIBIT 1 -E -- CONT'D.
POCKET PARK EASEMENT AREA
/
/
TPOB
220.02'
1 " =20'
NOV. 2014
PROJECT NO. 06007
Cl
\
\
` i.
n
L
\ q.3' .
. \ Ir-
\\
\ ",.. � C5 n \L____J
iit
CURVE TABLE
CURVE
DELTA
LENGTH
RADIUS
RADIAL BEARING
C1
150'25'43"
82.13'
31.28'
S 78'05'28" E
C2
30'02'29"
15.70'
29.95'
S 7270'22" W
C3
45'26'42"
18.51'
23.34'
S 0319'48" E
C4
0574'04"
2.20'
23.34'
N 86'14'34" E
C5
30'34'57"
15.99'
29.95'
N 14'04'01" W
C6
85'23'35"
46.62'
31.28'
N 16'30'56" E
PAGE 2 OF 2
LINE TABLE
NUM
BEARING
DISTANCE
L1
S 72'17'22" W
1.33'
L2
S 0419'51" E
15.19'
L3
S 84'44'00" W
40.26'
L4
S 16'30'56" W
1.33'
TIM HANSON AND ASSOCIATES
8255 CULTUS BAY ROAD
CLINTON, WA 98236
425.822.7271
112
PARK EAST
0
Z
TY LINE
1
TUKWILA PARK
LS V A
AR. I A
EXHIBIT 2
PATIO
HOTEL
:.:...,5 -STORY
59,170 5Q. FT
S2 UNITS
& TYPICAL PARKTur
'CE 9'X19'
AMINI
1'
04
b4
LANDSCAPIN
53 ONSITE PARKING SPACES
ICICICICICICLA�SCAPIN�cncl `I�I�I�I�I�I�i�l�l
4E
SITE PLAN
= 50-0•
N
CH
a
OFFIITTE PAR NG
24. SPACES T
HOLIDAY I N EXPRESS
TULWILA. A
TUKWILA SD L.L.C.
Dalc Sweeney
ARCHITECT
10/31/14
5715 143rd Rem S.E.
Bellevue. WA 98005
426-250-0080
113
EXHIBIT 3
PROPOSED POCKET PARK — CHRISTENSEN ROAD
Development of the park and parking area will include the installation of:
• New graded area for the park
• A circular seating wall
• Bike rack
• Picnic tables
• Waste receptacle
• Pathways
• Three life trail stations (along the adjacent trail)
• Evergreen trees to provide screening between the 65th Avenue S bridge, Tukwila Parkway, and
the park
• Flowering trees
• Restriping 27 parking spaces along the east side of Christensen Road
• Striping four spaces at the north end of Christensen Road
• New pavement and striping for the development of 14 new spaces along the west side of
Christensen Road and four spaces at the north end.
• Maintaining the parking area, landscaping, irrigation, and waste disposal for the public pocket
park (Includes restriping spaces every three years).
• Allowing public access to the hotel site as required for park access and egress
• Planned access for emergency vehicles
• The pocket park will be included within the open space requirements of the City Municipal Code
and Christensen Road and the parking spaces will comply with all relevant codes as well as the
American with Disabilities Act (ADA).
114
FITNESS STATION (3)
4-PERSON PICNIC TADL
EVERGREEN TREE
CIRCULAR SEATING AREA
3-PERSON PICNIC TADLE
115
A
1
PROPOSED TUKWILA POCKET PARK & PARKING - COST SUMMARY
Schematic Cost Estimate
ITEM
Date: September 4, 2014
QTY. COST
TOTAL REMARKS
New Concrete Paving Area
New Asphalt Paving Area
Landscape Area
Hardscape Improvements
Demolition ($ /c.y.)
Concrete Walks & Paving ($ /s.f.)
Asphalt Paving ($ /s.f)
Seatwall ($ /f.s.f.)
Picnic Tables (S /ea.)
Bike Rack ($ /f.s.f)
Trash Receptacles
Life Stations ($ /f.s.f.)
Subtotal
Landscape Improvements
Bed Prep. & Fine Grading
Soil Prep
Evergreen Trees
Deciduous Trees
Lawn, Plantings, and Irrigation
Subtotal
3,400
700
9,875
2,706 $1.95
3,400 $6.50
700 $3.00
165 $200
3 $2,200
1 $650
1 $750
3 $3,500
9,875 $0.10
89 $35.00
7 $250.00
6 $400.00
9,875 $4.00
Contingency 10%
Note: Estimate does not include grading, drainage, or parking
Civil Engineering & New Parking Spaces - Right -of -Way
Landscape & Architectural Fees
$5,277 Sawcut & demo. Existing roadway & curbing
22,100 4" rein. Conc. w /scoring and broom finish
2,100
33,000 18" height, c.i.p.concrete wall & raised planter
6,600 6' length
650
750
10,500
$80,977
$988 All lawn & planting areas
3,111 3" depth - all lawn & planting areas
1,750 6' Min. Ht.
2,400 2" Cal., 12' Min. Ht.
39,500
$47,748
$12,872
$25,000
$13,440
Annual Maintenance $6,000 (Annual fee subject to inflation over term of agreement
Total $186,037
The total amount includes $10,000 payment for the Green/Duwamish River restoration/planting projects or to implement the goals and
policies of the City's Comprehensive Plan related to Urban Forestry.
Sources:
Jeffrey B. Glander & Associates (Landscape Architecture & Site Planning)
Civil Engineer
Tri- States Development. LLC.
Dale Sweeney, Architect
117
Land Value estimate for parking and drive aisle area of Christensen Road
Approximate land area including right -of -way (s.f.) 17,103
Developer's contracted land cost per square foot $25.00
Land acquisition cost (If 100% use) $427,575
Proposed pocket park & parking cost estimate $186,037
Pocket park & parking as percentage of total cost 43.5%
* Ongoing maintenance and striping costs after initial year go on indefinitely
118