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Home My WebLink About2000 - Voluntary Sign Reduction Agreement - Hawley Enterprises - 2000090500064120000905000641 Return to: City of Tukwila Department of Community Development 6300 Southcenter BL, Suite 100 Tukwila, WA 98188 Grantor: City of Tukwila Grantee: Hawley Enterprises, Inc. VOLUNTARY SIGN REDUCTION AGREEMENT BETWEEN CITY OF TUKWILA AND HAWLEY ENTERPRISES, INC. 1. Parties. This Agreement is made by and between the City of Tukwila, Washington, a non - charter optional municipal code city (hereinafter referred to as "City ") and the owner of real property located at 15035, 15037 and 15045 Tukwila International Blvd, Tukwila, Washington, and legally described in Attachment A hereto (hereinafter referred to as "Owner ") for the purposes more fully set forth below. z ww 2. Recitals. A. This Voluntary Sign Reduction Agreement sets forth the terms and conditions under which the co p co Owner will voluntarily remove existing signage within the City of Tukwila in order to comply w with Ordinance No. 1857, Tukwila's Staged Compliance Sign Amortization Program. E. B. The Staged Compliance Sign Amortization Program is a phased program designed to bring all w O signage in the City of Tukwila into conformance with the Tukwila Sign Code (TMC 19) per the provisions of Ordinance No. 1857 within a defined time period. Ordinance 1857 was adopted on November 23, 1998 and its effective date is January 1, 1999. N = w C. The property, on which the signage subject to this removal agreement is situated, is those z H certain real properties located at 15035, 15037 and 15045 Tukwila International Blvd. Tukwila, F- O King County, Washington (King County Parcel No's 0041000690, 0041000494 and w 0041000493). U co O off wW O • w Z. U= 0 F- D. The Owner has applied for this Voluntary Sign Reduction Agreement through the City's Department of Community Development in order to obtain the benefit of an extension in the time period required for compliance with Ordinance No. 1857 beyond the three -year base amortization period the Ordinance provides. 3. Provisions. As evidenced by their respective signatures below the parties agree to the following provisions: A. Percentage of Reduction and Extension Formula. Ordinance No. 1857 provides for an extension of the time period in which to comply with the Ordinance's sign removal provisions based on the percentage of reduction to signage. Ordinance No. 1857 is incorporated in full herein by reference. B. Removal of on- premises signage. The Owner agrees to reduce on- premises signage on the property identified in Section 2(C) above in order to receive an extension of time by which he /she or it must comply with Ordinance No. 1857. An extension of the amortization base time period is available for those persons or entities complying with signage reduction requirements more fully set forth in Ordinance No. 1857. Attached hereto as Attachment A is the Notice of Decision issued by the City's Department of Community Development approving the Voluntary Sign Reduction Agreement. It is incorporated herein as if fully set. C. Substitution of Signage and Permitting Requirements. Existing on- premises signage may be substituted with new and /or existing signage, so long as such substitution results in a total reduction in non - conforming signage. Substitutions with new signs require a permit issued by the City's Department of Community Development. Sign permits for substitution signage are subject to the compliance period specified under this Agreement. z D. Extension. Based on the foregoing provisions and based on the Owner's percentage of reduction, the Owner shall have 7.5 years from January 1, 1999 to fully comply with the City's Staged Compliance Sign Amortization Program. E. Expiration. This agreement expires on July 1, 2006. At expiration all signs must be in conformance with the Tukwila Sign Code. F. Remedies. The Owner agrees that if he /she or it fails to fully comply with any of the terms of this Agreement, that the City is permitted by the Owner, and the Owner has the authority to authorize, the City to enter upon the property and remove the non - conforming signage at Owner's sole cost and expense. The Owner agrees to reimburse the City for all costs of removal, including but not limited to, attorney fees, staff costs, dump fees, electrical fees, and abatement costs. Nothing in this provision precludes the City from pursuing any other remedies provided by law, including legal or equitable relief. G. Maintenance and Repair. Nothing in this Agreement relieves the Owner from his/ her or its obligation to comply with City code provisions regarding the maintenance, safety, and repair of signage. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, oral or otherwise, that have not been fully set forth in the text of this Agreement. 5. Modification. The parties agree that this Agreement can be amended or modified only with the written concurrence of both parties. 6. Agreement to be Recorded. This agreement will be recorded with the King County Recorder's Office. 7. Notices. Any notices given under this Agreement shall be mailed to the following parties at the following addresses, unless written notice of a change in either such address is provided to the other: Name of Property Owner: Hawley Enterprises Full Address: P.O. Box 1002 Enumclaw, WA 98022 -1002 City: Attachment A: Notice of Decision City of Tukwila City Clerk 6300 Southcenter Boulevard Tukwila, WA 98188 PROPERTY OWNER By: Its: • STATE OF WASHINGTON ) ) ss. COUNTY OF KING On this date personally appeared before me ' " - /r-t-""4";-to me known to be the t individu 1a a executed the within and foregoing instrument, and acknowledged the said instrument to be •fits free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. DATED this /°7'daY�Q — ; -' L.. ) \%% NOTAR y 9m'; i :U fJJ: PUBLIC i ‘‘ OFWAS _? cr▪ w c=• , CT) CITY OF TUKWILA CD Director of Community Development Steve Lancaster STATE OF WASHINGTON ) COUNTY OF KING ) ss. No : ry Public in and for the ate of ashington, residing at My commission expires /1—/ — ° -3 On this date personally appeared before me Steve Lancaster, to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. DATED this Zq day of P- . .. H `,‘°1 e ov ie:oNOTARI. 3 7 / t• PBLIC • '1 � S 9. O= 3 r ��‘‘° \%vAS►�— "Ptba -14 • .136t•--6L/U Notary Public in and for th State of n Washington, residing at 4'LQAL D . My commission expires 05-[x1 -03 To: City of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF DECISION Staged Compliance Sign Amortization Program Voluntary Sign Reduction (VSR) Agreement June 28, 2000 Hawley Enterprises, Inc. P.O. Box 1002 Enumclaw, WA 98022 -1002 o This notice is to confirm the decision reached on 6/27/00 by the Director of the CD( Department of Community Development. This decision allows the property owner additional time beyond the base amortization period and is an agreement between the landowner and the City of Tukwila regarding non - conforming on- premises signage. This letter serves as a Notice of Decision for a Type 2 Decision, that is described in the Permit Application Types and Procedures Chapter, Tukwila Zoning Code, (TMC N 18.104.010C,) on the following property. Property Owner: Hawley Enterprises, Inc. File Number: L2000 -031 Location: 15037, 15035 and 15045 Tukwila International Boulevard Conditions: 1. Permits are required for any new signs or existing signs that are to be moved or altered. 2. Removal of 3 signs from the site must occur by December 31, 2001 (the signs to be femoved shown next page). z z u6 .0 0 .(o w =, wQ 0 LL - J LL.Q. co I- _ z� I-0: Z I-• ILI La D: ou : F- w w. :Z - O. w _, O�. z • ALL TO BE REMOVED • Z W C W� JU 0 UU (f) W W F- WOr re :71 Q r Q CO 20 W Z= F- O Z F- W • W 0 O — W W F- H — Li. O Z W U= O ~ z 2. The property owner has until July 1, 2006 to bring all remaining signage on site into conformance with the City of Tukwila Sign Code. • Remove west roof sign (15045 Tukwila Int'l Blvd). • Remove south roof sign (15045 Tukwila Int'1 Blvd). • Bring into conformance /remove free standing sign "Trudy's" (TIB) that is non- conforming due to size, height and setback. • Bring into conformance /remove free standing sign "Flower Drum" (Big Drum, TIB) that is non - conforming due to height and setback. This decision was reached following the criteria outlined in the Extended Compliance Periods under Voluntary Sign Reduction Agreement Section of the Staged Compliance Sign Amortization Program Chapter of the City of Tukwila Sign Code (TMC 19.30.050.). Percent of Reduction Equals: Total non - conforming square footage reduced per the VSR Agreement divided by the total non - conforming square footage before reduction. A 15% bonus will be added for each non - conforming freestanding sign removed or made conforming (if applicable under the terms of the VSR). Percent of Reduction Using Formula Duration of Extended Compliance Period Less than 30% Not eligible for extended compliance period At least 30% but not more than 45% 4.5 years (base amortization + 1.5 years) At least 45% but not more than 60% 6 years (base amortization + 3 years) At least 60% 7.5 years (base amortization +4.5 years) Project materials relating to the VSR application are available for inspection at: Tukwila Department of Community Development; 6300 Southcenter Blvd., Suite 100; Tukwila, WA 98188 Monday through Friday; 8:30 a.m. - 5:00 p.m. The Planner managing this project is Art Pederson, who may be contacted at 431 -3684 for further information. z =z c4 2 ~w U0� w o J H w• o 2 u_ _. - c5 z r... Z 01-. w uj U 0` oco wW U Fo' Ili .. z. U= z o c=4 •ca cv The time period for appeals is 14 days starting from the date of this Notice of Decision. The Director's decision is appealable to the Tukwila Planning Commission following the time limits and procedures of the Appeal Processes Chapter of the City of Tukwila Zoning Code (TMC 18.116.) Appeal materials shall include: 1. The name of the appealing party. 2. The address and phone number of the appealing party. If the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf must also be included. 3. A statement identifying the decision being appealed and the alleged errors in the decision. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. z •i• • mar J0 0o W• = W o. u_<▪ : n a, Dp W Lill H — O W -` • :z•