HomeMy WebLinkAbout2000 - Voluntary Sign Reduction Agreement - Sterling Realty Organization - 2000090500064020000905000640
Return to: City of Tukwila
Department of Community Development
6300 Southcenter BL, Suite 100
Tukwila, WA 98188
Grantor: City of Tukwila
Grantee: Sterling Realty Organization Co.
Lewis and Clark Theatres
VOLUNTARY SIGN REDUCTION AGREEMENT
BETWEEN
CITY OF TUKWILA AND STERLING REALTY ORGANIZATION
1. Parties.
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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 15820 Tukwila International Blvd. Tukwila, Washington, and legally described in
• Attachment A hereto (hereinafter referred to as "Owner ") for the purposes more fully set forth
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2. Recitals.
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C'4 A. This Voluntary Sign Reduction Agreement sets forth the terms and conditions under which the ; cn p
Owner will voluntarily remove existing signage within the City of Tukwila in order to comply cn
with Ordinance No. 1857, Tukwila's Staged Compliance Sign Amortization Program.
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B. The Staged Compliance Sign Amortization Program is a phased program designed to bring all w
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. cn d
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C. The property, on which the signage subject to this removal agreement is situated, is that z H
certain real property located at 15820 Tukwila International Boulevard, Tukwila, King County, O
Washington (King County Parcel No's 2223049001, 2223049015 and 223049091). w F- uj
D. The Owner has applied for this Voluntary Sign Reduction Agreement through the City's - v
Department of Community Development in order to obtain the benefit of an extension in the o -
time period required for compliance with Ordinance No. 1857 beyond the three -year base w
amortization period the Ordinance provides. • U.
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3. Provisions. As evidenced by their respective signatures below the parties agree to the z
following provisions: U cn:
A. Percentage of Reduction and Extension Formula. Ordinance No. 1857 provides for an 0
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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.
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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.
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' 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties
C.10 and both parties acknowledge that there are no other agreements, oral or otherwise, that have not
o been fully set forth in the text of this Agreement. .
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5. Modification. The parties agree that this Agreement can be amended or modified only
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° with the written concurrence of both parties. Q
cr) H 6. Agreement to be Recorded. This agreement will be recorded with the King County ce 2
C.D Recorder's Office. 6 m
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7. Notices. Any notices given under this Agreement shall be mailed to the following parties co 0'
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at the following addresses, unless written notice of a change in either such address is provided to w I
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Name of Property Owner: Sterling Realty Organization Co. g Q
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Full Address:
City:
Attachment A: Notice of Decision
600 106'h Ave NE
Suite 200
Bellevue, WA R6� 1723
City of Tukwila
City Clerk
6300 Southcenter Boulevard
Tukwila, WA 98188
PROPERTY OWNER
By:
Its:
STATE OF WASHINGTON )
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COUNTY OF KING
On this date personally appeared before me OvV/ Li SG6(, / , 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 p2() day of (91!.�f :�lj ;:i . ► , a O�U .
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CITY OF TUKWILA
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Director of Community Development
Steve Lancaster
STATE OF WASHINGTON
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COUNTY OF KING
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Notary Public in and for the State of
Washington, residing at A./4)Llt2_) ')CL
My commission expires J (7,c/oy/n/
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 S day of
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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
To: Sterling Realty Organization Co.
P.O. Box 91723
Bellevue, WA 98009
o This notice is to confirm the decision reached on 6/27/00 by the Director of the
Department of Community Development. This decision allows the property owner
o additional time beyond the base amortization period and is an agreement between the
o 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
18.104.O10C) on the following property.
Property Owner: Sterling Realty Organization Co.
File Number: L2000 -039
Location: 15820 International Boulevard South
Conditions:
1. Permits are required for any signs that are new or that are to be moved or
modified.
2. Modification of signage per the VSR agreement must occur by December 31,
2001. Modification will consist of removal of "Merriweather's Restaurant and
Lounge" and "7 Theatres & Bowling" portions of the freestanding sign along
Tukwila International Boulevard (photo of signs next page).
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SIGN WTI'H SECTIONS TO BE MODIFIED
3. Removal of freestanding sign facing SR 518 must occur by December 31, 2001.
SR 518 SIGN TO BE REMOVED
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4. The property owner has until July 1, 2006 to bring all remaining non-
conforming signage on site into conformance with the City of Tukwila Sign
Code.
• Both freestanding signs (on Tukwila International Boulevard and S 160th St) are
nonconforming due to height, setback, size and number (Only one freestanding
sign is allowed for this site.) and must be removed.
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:
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CDt 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
t.n added for each non - conforming freestanding sign removed or made conforming (if
o applicable under the terms of the VSR).
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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 the project is Art Pederson, who may be contacted at 431 -3684 for
further information.
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
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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.
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