HomeMy WebLinkAbout14-202 - Sound Transit (Central Puget Sound Regional Transit Authority) - Payment in Lieu of Permit Requirements (Tukwila Station Redevelopment)14 -202
Council Approval N/A
AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA
AND CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
FOR PAYMENT IN LIEU OF PERMIT REQUIREMENTS
UNDER BUILDING PERMIT NO. D12-272
(Asphalt Overlay on S 158th St (Longacres Way) For Tukwila Station)
This Agreement is made and entered into this 'It day of e ,2014, by and between the
CITY OF TUKWILA ( "City "), a non - charter, optional code Washington municipal corporation,
and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a Washington
municipal corporation ( "Developer" or "SOUND TRANSIT "), having a place of business at 401
S. Jackson, Seattle, WA 98104.
I. RECITALS
WHEREAS, the Developer will redevelop Tukwila Station under City of Tukwila
Building Permit - D12-272 (the "Permit "). The permanent station will be constructed in
approximately the same location as the existing temporary platform. The station is south of S
158th St (Longacres Way), a road, to the west of the BNSF ROW, to the east of the Union
Pacific ROW and north of the future Strander Blvd. extension. The new platform will be
constructed in the BNSF ROW, shifted approximately 100 feet to the south of the existing
platform.
WHEREAS, the new station will include the construction of two 600 ft. long concrete
platforms, a surface parking lot for approximately 390 stalls, bus boarding and layover areas,
improvement at the pedestrian undercrossing at the Longacres Way trestle to access both
platforms, bike lockers, TVM machines, on -site stormwater water quality treatment, flow control
(detention); and
WHEREAS, all roadway design in the City shall meet the design guidelines and
requirements in the Transportation Element of the Comprehensive Land Use Pan, other
applicable subarea plans and the requirements under Tukwila Municipal Code ( "TMC "); and
WHEREAS, under the Permit, the Developer is required to grind and overlay asphalt
pavement and install associated striping along S 158th St (Longacres Way) from west of Nelson
Pl. to West Valley Highway ( "Asphalt Overlay ") as shown in the approved Tukwila Sounder
Permit set in accordance with specifications and standards of the TMC and approved by the
Public Works Department; and
WHEREAS, TMC Section 11.12.030(C) authorizes payment in lieu of improvements as
an option that may be exercised by the Developer if approved by the Director of Public Works
( "Director "); and
WHEREAS, to fulfill the permit conditions under the Permit, the Developer agrees to
pay the City $20,603.22 which is an amount calculated in accordance with the TMC; and
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WHEREAS, pursuant to TMC 11.12.030(C) the Developer and City hereby enter into
this agreement pursuant to the terms and conditions set forth herein;
NOW THEREFORE, in consideration of the foregoing mutual promises and other good
and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Improvements. The Director has determined that the Asphalt Overlay should not
be constructed at the time of building construction so that the City may coordinate additional
improvements over the westerly portion of S 158th St (Longacres Way) with a Washington State
Department of Transportation paving project. The Director will waive the Asphalt Overlay
requirement in consideration for the payment of a fee in lieu of as provided in this Agreement
and TMC 11.12.030(C).
2. Payment. The Developer has provided documentation satisfactory to the
Director to properly calculate the fee in accordance with the TMC. Prior to the finalization of
Permit No. D12 -272 by Public Works, the Developer shall pay to the City $20,603.22 in lieu of
the Permit requirement to construct the Asphalt Overlay.
3. Amendment. This Agreement shall only be amended by a written agreement
executed by both the Developer and the City.
4. Enforcement. This Agreement shall only be enforced by the parties hereto. No
third party shall have standing to enforce the terms of this Agreement.
5. Waiver of Objection. The Developer, for itself and its successors and assigns
hereby waives any objection that it may have to the payment.
6. Severability. If any section, sentence, clause, provision or portion of this
Agreement is declared unlawful or unconstitutional for any reason, the remainder of this
Agreement shall continue in full force and effect.
7. Notice. All notices or communications provided for by this Agreement must be
in writing, and may either be delivered personally, by certified mail, or by express delivery
service, return receipt requested. Such notices shall be deemed delivered on the date of receipt,
as evidenced by the return receipt or the equivalent, (e.g., date stamp of recipient). All notices or
communications shall be given to the Parties at their addresses set forth below:
For the City of Tukwila:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
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For Sound Transit:
Executive Director,
Design, Engineering and Construction Management
Sound Transit
401 S. Jackson St.
Seattle, WA 98104
8. Entire Agreement. This Agreement contains the entire Agreement between the
Developer and the City regarding this subject matter.
9. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original.
ON BEHALF OF CITY OF TUKWILA, a Washington municipal corporation
By:
Its:
Date:
Attest /Authenticated:
Approved as to Form:
Christy O'Flaherty, City Clerk
City Attorney
ON BEHALF OF SOUND TRANSIT, a Washington municipal corporation
By:
Its: , �„ �I � ,. (t sL. �— se,„
Date: r2 lo ` 1u t'-r
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