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HomeMy WebLinkAboutCOW 2015-01-26 COMPLETE AGENDA PACKET"��'� 1 or or Tukwila City Council Agenda ❖ COMMITTEE •OF THE WHOLE ❖ Jim Haggerton, Mayor Counci /members: + Joe Duffie + Dennis Robertson '? David Cline, CityAdministrator + Allan Ekberg + Verna Seal Kate Kruller, Council President + Kathy Hougardy + De'Sean Quinn Monday, January 26, 2015, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL PRESENTATIONS a. Tukwila School District Early Learning update. Dr. Nancy Coogan, Superintendent, and Heather Newman, Ear /y Learning Coordinator. b. Sound Transit update. Rachel Bianchi, Communications and Government Relations Manager. 3. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (p /ease limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 4. SPECIAL ISSUES a. City Council participation on Boards and Commissions. b. An agreement relating to the sale of Tukwila Village library parcel. c. A resolution relating to a 2015 Legislative Agenda. d. Lean process improvement for Code Enforcement and budget update. e. Discussion and consensus on Sound Cities Association Public Issues Committee (SCA PIC) items. Pg.1 Pg.5 Pg.41 Pg.49 Pg.53 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURN TO SPECIAL MEETING • SPECIAL MEETING • + Ord #2467 + Res #1854 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of vouchers. b. Authorize the Mayor to sign Supplemental Agreement No. 1 to contract #14 -090 with System Interface for Sewer Lift Station #4 in the amount of $9,310.00. (Reviewed and forwarded to Consent by Utilities Committee on 12 /1/14.) Pg.55 3. UNFINISHED BUSINESS A resolution revising the meeting schedule for City Council Committees. Pg.65 4. NEW BUSINESS 5. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped. HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings - Council members are elected for a four -year term. The Council President is elected by the Council members to preside at all Committee of the Whole meetings for a one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 11.44ai's new Council review 01/26/15 LH regional, state the 2015 calendar CATEGORY Z Discussion Mtg Date 01/26/15 Motion Date [1] Resolution Mtg Date El Bid Award Mtg Date II1 Public Hearing Mtg Date E Other Mtg Date • III Ordinance Mtg Mtg Date SPONSOR Z Council 0 Mayor I HR 0 DCD E Finance 0 Fire IT 0 P&R Police $ PW ITEM INFORMATION ITEM NO. 4.A. 1 STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 1/26/15 AGENDA ITEM TFILE Council commissions representation on local, and/or boards for regional, state the 2015 calendar and national committees, year. CATEGORY Z Discussion Mtg Date 01/26/15 Motion Date [1] Resolution Mtg Date El Bid Award Mtg Date II1 Public Hearing Mtg Date E Other Mtg Date • III Ordinance Mtg Mtg Date SPONSOR Z Council 0 Mayor I HR 0 DCD E Finance 0 Fire IT 0 P&R Police $ PW SPONSOR'S The City Council annually reviews its updated list of participation and representation on SUMMARY external boards and commissions. The 2015 list, attached here in draft form, should be confirmed following Council review and discussion. REVIEWED BY 0 COW Mtg. CA&P Cmte 0 Utilities Cmte Arts Comm. DATE: E] F&S Cmte LI Transportation Cmte Comm. E Planning Comm. CHAIR: 1 Parks commn 1EE RECOMMENDATIONS: SPONSOR/ADMIN. Commrrni, Council Analyst • COST IMPACT / FUND SOURCE EXPENDITURI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/26/15 Draft list of 2015 Council representation on boards, committees and commissions. 1 2 City of Tukwila City Council 2015 Council Representation on Boards, Committees and Commissions Cascade Water Alliance Board of Directors City of Tukwila Equity and Diversity Commission Firemen's Pension Board High line Forum King County Executive's Kitchen Cabinet Lodging Tax Advisory Board Verna Seal, Mayor's Alternate Kathy Hougardy Kathy Hougardy (as Finance & Safety Chair) Kathy Hougardy De'Sear'''Obinn Kate Kruller (as Council President) National League of Cities Steering Committee: Kate Kruller Transportation Infrastructure and Services National League of Cities: Council on Youth, Verna Seal Education and Families National League of Cities: First-Tier Suburbs Kate Kruller Council Puget Sound Regional Council Regional Transit Allan Ekberg Oriented Development Advisory /Committee Sound Cities Association: King Conservation District Advisory Committee Sound Cities Association: King County LEOFF 1 Disability Board Sound Cities Association: Public Issues Committee (PIC) Sound Cities Association: Metropolitan Committee Regional Transit Committee Sound Cities Association: Regional Law, Safety, and Justice Committee Kate Kruller Verna Seal Kate Kruller Verna Seal, Alternate Kathy Hougardy Kate Kruller, Vice-Chair 3 South County Area Transportation Board Soundside Alliance for Economic Development Board Washington State Commission on African American Affairs Water Resource Inventory Area 9 (WRIA 9) Water Resource Inventory Area 9 (WRIA 9) Management Committee City of Tukwila Kathy Hougardy Kathy Hougardy, Executive Committee Chair De'Sean Quinn Dennis !Robertson Mayor Haggerton, Alternate Dennis Robertson, Chair ,,,,,■,,,,, City Council MISCELLANEOUS PARTICIPATION (Appointment/Designation Not Required) Chamber of Commerce, Tukwila International Boulevard Action Committee, Tukwila Government & Community Affairs Committee (Committee of the Chamber), Puget Sound Regional Council (PSRC), Tukwila Children's Foundation (TCF), Tukwila Historical Society, Tukwila Pantry , Tukwila School District — Providers' Meeting, Tukwila Elementary — Safety Meeting, Tukwila Rotary 4 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review Council review 01/26/15 DCS ,yleOeC. l/1 02/02/15 DCS ,Ae9,0e ❑ Other Mtg Date CATEGORY ►1 Discussion Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police ❑ PW/ SPONSOR'S The Council is requested to authorize the Mayor to execute an agreement to sell a portion SUMMARY of the Tukwila Village property to the King County Library System for a new library. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMI Mayor's Office I I EE ITEM INFORMATION ITEM NO. 4.B. 5 STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 01/26/15 AGENDA ITEM TITLE Tukwila Village: Sale of land parcel to King County Library System 01/26/15 ❑ Motion Mtg Date 02/2/15 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date CATEGORY ►1 Discussion Mtg Date SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ Pe7R ❑ Police ❑ PW/ SPONSOR'S The Council is requested to authorize the Mayor to execute an agreement to sell a portion SUMMARY of the Tukwila Village property to the King County Library System for a new library. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. COMMI Mayor's Office I I EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/26/15 MTG. DATE ATTACHMENTS 01/26/15 Informational Memorandum dated 1/21/15 Proposed Term Sheet dated 6/20/12 Proposed Purchase and Sale Agreement Draft Lot Consolidation Maps 5 6 City f Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Economic Development Administrator DATE: January 21, 2015 SUBJECT: Tukwila Village: Sale of Parcel for Library ISSUE The Council is being asked to authorize the Mayor to execute an agreement to sell a portion of the Tukwila Village property to the King County Library System for a new library. BACKGROUND For many years the City and the King County Library System (KCLS) have expressed a desire for KCLS to open a branch Iibrary as part of the City's Tukwila Village development to replace the existing branch at 4060 South 144th Street. In 2010 KCLS expressed a desire to build a stand-alone library building and evaluated three sites within Tukwila Village and determined that the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street was the best option. In early 2011 KCLS presented their analysis to the City Council and the Council approved a strategy that started a developer selection process for Tukwila Village while also starting negotiations with KCLS such that if the such that if KCLS and the developer could not reach an agreement, the City could sell the property to KCLS. In summer 2011 the City Council selected Tukwila Village Development Associates, LLC (TVDA) as the developer for Tukwila Village. The three parties (City, KCLS and TVDA) then negotiated basic terms that would enable KCLS to purchase its property directly from the City while ensuring the library's parcel would be integrated into the site development plan. In June 2012 the City Council authorized the Mayor to continue to negotiate with KCLS based upon the terms 8S generally outlined iD the proposed term sheet dated June 2O,2D12(81t@Ched). Since 2012 TVDA, KCLS, and the City have invested considerable time completing the site plans, determining lot lines, completing building plans and negotiating easements and other agreements. KCLS would like to start construction in the next few months and needs to purchase the library parcel prior to issuing bids. Once the City and KCLS execute a purchase and sale agreement, we can open escrow. Before the City can close escrow to complete the sale to KCLS, the parcel needs to be created. In November 2014 TVDA submitted a revised lot consolidation application for the City to use to consolidate twenty-one parcels into five. The City is reviewing that application and staff anticipates approval in February. DISCUSSION KCLS and the City have negotiated a proposed purchase and sale agreement (attached) that very closely foliows the terms from the term sheet that the Council previously approved with a few new terms. The key terms in the proposed purchase and sale agreement are: INFORMATION/\L MEMO Page 2 1. The City will sell the 20,799 square foot corner lot (as shown in Attachment B) to KCLS subject to parking and access easements. 2. Price: KCLS will pay the City $500,000. 3. Lot Consolidation: Escrow will close after the City has approved TVDA's lot consolidation application. 4. Permits: Escrow will close after the City is ready to approve the KCLS building permit subject to payment of fees. 5. Repurchase rights: If KCLS does not commence construction of the Iibrary within six months foliowing close of escrow or achieve substantial completion of the Iibrary with two years after commencing construction, the City has an opportunity to repurchase the property at a price of $500,000 Iess the amount KCLS has spent the design, development, and construction of the Iibrary. 6. Frontage Improvements: KCLS will pay the City for its proportionate share of improvements for 144th Street frontage improvements in the amount of $125,707. 7. Substitute Parking: TVDA has control of the non-library portion of Tukwila Village and will construct the library's parking and vehicle and pedestrian access. If TVDA defaults on its obligations and loses site control or fails to complete its site infrastructure, the City will agree to grant KCLS substitute easements for construction staging and parking related to Iibrary use on the Tukwila Village site, Great Bear motel, or Boulevard Motel sites until such time as the infrastructure is completed. Staff believes this situation is very unlikely to occur but it is a good protection to include in the purchase and sale agreement. FINANCIAL IMPACT Upon closing, the City would receive $5OO,OOO. Additionally, the City would receive $125'707 toward the City's cost of frontage improvements for South 144th Street. BUDGET IMPACT The $500,000 land sale proceeds are already budgeted in the Tukwila Village capital improvement p ject #90030222 (capital facilities fund #302). The $125,707 for street frontage improvements is included in the proposed mitigation for the South 144m Street capital improvement project #99510402 (bridge and arterial street fund #104). RECOMMENDATION The Council is being asked to authorize the Mayor to execute a purchase and sale agreement with the King County Library system in substantial conformance with the attached proposed agreement and consider this item at the January 26, 2015 Committee of the Whole meeting and subsequent February 2, 2015 Regular Meeting. ATTACHMENTS Proposed Term Shee Dated 6/20/12 Proposed Purchase and Sale Agreement Draft Lot Consolidation Maps 8 PROPOSED TERM SHEET 6/20/12 The City will sell the King County Library System (KCLS) a legal lot consisting of a portion of the northeast corner of the intersection of Tukwila International Boulevard and South 144 th Street to KCLS for a 10,000 square foot library for a price of $500,000. The lot boundaries shall be mutually agreeable to KCLS, the Developer, and the City. 2. KCLS shall submit a conceptual site plan for the library parcel and a conceptual architectural design for the library building no later than 45 days following the date that Tukwila Village Development Associates LLC (the "Developer") submits a complete design review application for the (ire( phase of the Tukwila Village development. The conceptual site plan for the library parcel must be mutually agreed upon by KCLS and the Developer. 3. City shall ensure the Developer's first phase shall include the shared infrastructure needed to operate a library on the library parcel such as roads, shared utilities, shared parking areas and storm water/water quality detention system. 3. KCLS will submit building permit applications within ten months after the date the Developer submits building permit applications for the firs phase. 4. KCLS and the City will close escrow after the KCLS building permit for the library and the Developer's building permits for the first phase are ready to be approved. If KCLS is unable to close escrow within 30 days from when its building permits are ready to be approved, the agreement terminates. 5. If KCLS has not substantially commenced construction of its branch library on the library parcel within six months from close of escrow or if KCLS has not completed construction within two years from substantially commencing construction (unless such failure to commence construction arises from any delay in construction or completion of the first phase of the Tukwila Village project or force majeure events), the City may re-purchase the Tukwila Library parcel at the same purchase price plus the reasonable cost of any improvements. 6. Al! facades of the library shall be of high quality design consistent with the Library System's standards for libraries recently built by KCLS. The City may use these standards during the design review process. 7. KCLS will pay to Developer a proportionate and reasonable contribution towards shared infrastructure costs that benefit the library branch and will agree to enter into reciprocal easements for shared utilities, vehicular and pedestrian access, parking, drainage, water quality treatment and detention systems, including shared maintenance costs. KCLS will not be required to pay a parking management fee. 10 PURCHASE AND SALE AGREEMENT for Tukwila Library Parcel THIS PURCHASE AND SALE AGREEMENT ( "Agreement') is entered into as of the day of , 2015 by and between the City of Tukwila, a municipal corporation operating under the laws of the state of Washington as a non - charter code city (the "a q" " or, in its capacity as owner of the Property, "Seller ") and the King County Rural Library District, d /b /a the King County Library System, a Washington rural library district (the "Library "). The City, the Developer (defined below) and the Library are sometimes referred to individually as a "Party" and collectively referred to in this Agreement as the "Parties ". The City and the Library have entered into this Agreement with reference to the following facts: RECITALS: A. The City owns approximately 187,000 square feet of land and right of way on the northeast corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres which the City intends to be used for a mixed -use development it calls Tukwila Village. B. On October 30th 2012, the City entered into a Disposition and Development Agreement (the "DDA ") with Tukwila Village Development Associates, LLC, a Washington limited liability company (the "Developer ") for the conveyance and development of certain real property more particularly described in the DDA (the "Tukwila Village Property ") with the exception of an area containing 20,799 square feet in size located in the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street reserved for future development of a branch of the King County Library System (the "Library Parcel" or the "Land "). The Tukwila Village Property does not include the Library Parcel. The City subsequently entered into a Development Agreement dated December 21, 2012 (the "Development Agreement ") with the Developer which sets forth certain development standards for the development of the Tukwila Village Property and a Temporary Usage Agreement dated August 18, 2014 (the "Developer Temporary Construction Easement ") whereby the City granted the Developer the right to undertake certain development or construction work on the Tukwila Village Property prior to Developer acquiring the Tukwila Village Property or individual Development Parcels thereof. C. The parties to the DDA intended that the boundaries of the Library Parcel would be established by mutual agreement of the Library, City and Developer through a Boundary Line Adjustment (as defined in Section 2.5 of the DDA) as a condition precedent to the sale of the Library Parcel to the Library. The Developer has submitted, and the City expects to approve, Lot Line Consolidation No. L13 -021 (in lieu of the originally contemplated Boundary Line Adjustment), a copy of which is attached hereto as Exhibit A and by this reference incorporated herein, which creates Parcels A through D on real property owned by the City north of S 144th Street and Parcel E on real property owned by the City south of S. 144th Street (the "Lot Consolidation "). Parcel D is the Library Parcel and is hereinafter referred to in this Agreement as the "Land" or the "Library Parcel ", and the various easements to be recorded in connection therewith which consist of (i) an Access & Shared Parking Easement and Maintenance Agreement, (ii) Utility Easement and Maintenance Agreement, (iii) Waterline Easement (North Basin), (iv) Waterline Easement (South Basin), (v) Sanitary Sewer Easement Agreement, (vi) Storm Drainage and Detention Easement, and (vii) Public Storm Drainage Easement (collectively the "Lot Consolidation Easements "). The City and /or Developer will also record permanent access easements in favor of adjoining property owners Normandy Court Holdings and Samara Hubner, Inc. in the form previously negotiated with such parties. Following recording of the Lot Consolidation and the Lot Consolidation Easements, Developer and Library will also enter into an Access and Shared Parking Easement Agreement which will be recorded against new Development Parcels A, B, C and E and will benefit Development Parcels A, B and C located on the Tukwila Village Property and the Library Parcel. D. The Parties intend that the Developer shall be responsible for the design, engineering, development, construction, installation and ongoing maintenance and repair of Shared Infrastructure for the Tukwila Village Property ( "Shared Infrastructure "). The Shared Infrastructure includes, but is not limited to, all roads, 11 sidewalks and pedestrian walkways, street frontage improvements to Tukwila International Boulevard, surface parking areas, utility extensions and connections, stormwater drainage, detention and water quality treatment systems and landscaping on the Tukwila Village Property. Shared Infrastructure does not include the community plaza or community commons building or any other infrastructure that does not directly benefit the Library Parcel. E. The Developer and the City intend to enter into an agreement for payment in lieu of construction of street frontage improvements to S. 144th Street between Tukwila International Boulevard and 42nd Avenue S. (the "S. 144th Street Improvements Agreement "). The Library Parcel is located at the intersection of S. 144th Street and Tukwila International Boulevard. The Library Parcel's share of the cost of such improvements based upon street frontage is 15.71% or $125,707. F. The Parties intend for the Library and Developer to mutually agree upon a "Library Development Agreement" that describes the Developer's responsibilities for certain sidewalks and roads located on Parcels A, B and C, 12 parking spaces that will be reserved for exclusive use by the Library to be located on Parcel A immediately north of the Library Parcel and approximately 68 non - exclusive shared parking spaces to be located on Parcels A, B and C that benefit the Library Parcel (collectively, the "Library Shared Infrastructure ") and a cost allocation method for the Library to reimburse Developer for the Library's portion of the design, engineering, development, construction, installation and ongoing maintenance and repair of the Library Shared Infrastructure. The Parties do not intend for the Library to reimburse Developer for any costs incurred under the S. 144th Street Improvements Agreement or for any fees, costs, charges or expenses related to the community plaza or community commons building, any Shared Infrastructure other than the Library Shared Infrastructure or to pay parking or management fees to use the shared parking located on the Tukwila Village Property. G. The Parties intend for the Library Development Agreement to set forth the Developer's obligation to make the necessary improvements to the Developer's property such that sufficient parking is available on the Tukwila Village Property for the Library Parcel to meet parking requirements under the applicable provisions of the City Municipal Code for the development of an approximately 10,000 square foot branch library on the Library Parcel. The Parties further intend that the Library Development Agreement will include an agreement by the Developer to enter into a permanent access and shared parking easement (the "Library Access/Parking Easement ") with the Library which will, among other things, grant the Library and its agents, employees, Library patrons, and invitees exclusive rights to park in the twelve (12) parking spaces to be constructed on the south side of the access road abutting the north side of the future Library Parcel (the "Dedicated Library Parking "). The Parties acknowledge that the parking spaces to be constructed on the north side of the access road abutting the north side of the Library Parcel may be restricted for the exclusive use of the commercial and retail tenants on the Tukwila Village Property. H. In addition to establishing the Library's rights to the Dedicated Library Parking, the Library Access/Parking Easement will also establish certain perpetual easements benefitting and burdening the Tukwila Village Property and benefitting the Library Parcel for access to, and rights to use, the Shared Infrastructure including easements for roads, sidewalks and surface parking areas. Once the Library Access/Parking Easement and the terms of the various easements contemplated under the Lot Consolidation are agreed upon by the Developer and the Library, the Lot Consolidation, including the applicable easements contemplated thereunder, and the Library Access/Parking Easement, will be approved by the City, the Lot Consolidation and related easements will be executed by the City and the Developer, the Library Access/Parking Easement will be executed by the Developer and the Library and all documents recorded in the King County real property records prior to any sale by the City of the first Development Phase (as defined in the DDA) of the Tukwila Village Property to the Developer and /or the sale by the City of the Library Parcel to the Library. I. The Parties intend that the Library shall have responsibility for the design, engineering, development, construction and maintenance of all Library on -site infrastructure located on or under the Library Parcel and making utility service connections. J. In accordance with the foregoing, the City and the Library entered into negotiations to establish the terms and conditions upon which the City would convey the Library Parcel to the Library for development as a branch library to be owned and operated by the Library to replace the existing library branch located at 4060 South 144th Street in Tukwila. 2 12 K. The Library has finalized its site plan for the branch library to be built on the Library Parcel which has been approved by the City through its Board of Architectural Review ( "BAR ") design review process. L. The Parties have set forth their mutual understanding of the terms and conditions of conveyance of the Library Parcel to the Library, as follows: 1.1 ARTICLE 1: PROPERTY/PURCHASE PRICE Certain Basic Terms. (a) Library: (b) Seller: KING COUNTY RURAL LIBRARY DISTRICT, d/b /a KING COUNTY LIBRARY SYSTEM, 960 Newport Way NW Issaquah, WA 98027 -2702 Attn:Greg Smith Facsimile: (425) 369 -3310 (c) Title Company: (d) First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Attn: National Commercial Services Facsimile: (206) 448 -6348 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attn: City Clerk With a copy to: Mayor @tukwilawa.gov Facsimile: (206) 433 -1833 Escrow Agent: First American Title Insurance Company 818 Stewart Street, Suite 800 Seattle, WA 98101 Attn: National Commercial Services Facsimile: (206) 433 -6348 (e) Date of this Agreement: The latest date of execution by Seller or Library, as indicated on the signature page. (f) Purchase Price: Five Hundred Thousand and no /100 Dollars ($500,000), subject to the prorations and adjustments provided for herein. (g) Land/Property. That certain real property located in the City of Tukwila, King County, Washington and more particularly described in Exhibit B attached hereto and by this reference incorporated herein and referred to herein as the "Land" together with the appurtenant easements for Dedicated Library Parking contemplated under the Access & Shared Parking Easement and Maintenance Agreement, the Library Access/Parking Easement and the Library Development Agreement described in Recitals G and H above. (h) Library Conditions Precedent to Closing. Library's obligation to purchase the Property (as defined in Paragraph 1.2) under this Agreement is expressly conditioned on, and subject to satisfaction of the following conditions precedent: of the Property; (i) Library shall have obtained the approval by its Board of Trustees to the purchase (ii) Library has obtained financing for its purchase and development of the Property; (iii) The Lot Consolidation and appurtenant Lot Consolidation Easements in form reasonably acceptable to the Library and necessary to cause the Land to constitute a legal lot separate from other real property owned by Seller and/or Developer, has been completed;. 3 13 (iv) Library has approved the environmental condition of the Property which shall be acceptable to Library in its sole and absolute discretion; (v) Library and Developer have approved and fully executed the Library Development Agreement as described in Recitals F, G, and H and have approved the terms and conditions of the Access & Shared Parking Easement and Maintenance Agreement, the Library Access/Parking Easement and the other easements contained therein including the Temporary Use Agreement as defined below and any additional easements contemplated under the Library Development Agreement (collectively, the "Library Easements "); (vi) City has recorded the Lot Consolidation and the Lot Consolidation Easements contemplated thereunder and the Library Access/Parking Easement setting forth the easements as described in Recital H each in a form reasonably acceptable to the Library; (vii) Final City approval has been obtained for the Street Vacation and the Street Vacation Agreements, each as defined in the DDA and the S. 144th Street Improvements Agreement; and (viii) City and Developer shall have amended the Developer Temporary Construction Easement to exclude the Library Parcel therefrom and Developer shall have granted the Library a temporary construction and parking easement for construction staging and temporary parking on the Tukwila Village Property at the locations identified therein in a form reasonably acceptable to the Library during the construction of the First Development Phase and the construction of a public library on the Library Parcel (the "Temporary Use Agreement "). (i) Seller Conditions Precedent to Closing. Seller's obligation to sell the Property (as defined in Paragraph 1.2) under this Agreement is expressly conditioned on, and subject to satisfaction of, the following conditions precedent: (i) Library has all regulatory permit approvals required to commence construction of the branch library, including, but not limited to, approval by the City of a building permit for the branch library subject only to payment of the required permit fees. (ii) Library and Seller have agreed on the terms and conditions by which the Seller has the right to re- purchase the Property from the Library for the same purchase price set forth herein, plus the Library's actual costs incurred in the design, development and construction of the branch library on the Property to the date of repurchase in the event that the Library has not (a) commenced construction of the branch library within six (6) months following the Closing, or (b) the Library has not achieved substantial completion of the branch library building within twenty-four (24) months following commencement of construction of the branch library; unless such failure to commence or complete construction arises from any delay in commencement or completion of construction of (x) the First Development Phase of the Tukwila Village project, (y) the Shared Infrastructure or the Library Shared Infrastructure, or (z) the occurrence of Force Majeure Events as set forth herein or in the DDA or Development Agreement. The Seller's repurchase right is set forth in Article 9 of this Agreement. (j) Due Diligence Period: The period ending ninety (90) days after the Date of this Agreement; provided, however, that in the event all of the conditions precedent set forth in Paragraph 1(h) above have not been satisfied through no fault of Library, Library shall have the right to extend the Due Diligence Period for up to an additional sixty (60) days upon written notice delivered to Seller and Escrow Agent. (k) Closing Date: Thirty (30) days after Library's delivery of the Notice to Proceed as defined in Paragraph 2.2 or such earlier time as Library may designate upon ten (10) days' prior written notice to Seller. 1.2 Property. Subject to the terms and conditions of this Agreement, Seller agrees to sell to Library, and Library agrees to purchase from Seller, certain real property consisting of a separate legal lot containing approximately 20,799 square feet of land legally described in Exhibit B attached hereto and by this reference incorporated herein located at the northeast corner of the intersection of Tukwila International Boulevard and South 144th Street, all building and improvements located therein, if any (the "Improvements "), together with all and 4 14 singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereunto belonging or appertaining thereto, and Seller's rights, easements or other interests, if any, in and to adjacent streets, alleys and rights -of -way, or other property abutting such real property, including certain easements set forth in the Lot Consolidation for the benefit of the Tukwila Village Property and the Library Parcel and the Library Access/Parking Easement which is appurtenant to the Library Parcel, together with all of Seller's right, title and interest in any and all minerals and mineral rights, water and water rights, wells and well permits (collectively, the "Property "). ARTICLE 2: DUE DILIGENCE 2.1 Seller's Delivery of Property Information. Within five (5) Business Days after the Date of this Agreement, Seller shall provide to Library the following materials in connection with the Property (the "Property Information "): (a) all leases, easements, contracts, service contracts, agreements and recorded documents affecting the Property; (b) the most current title reports on the Property; (c) all surveys, maps, plans and specifications, soil, structural and engineering reports, and similar documents concerning the Property prepared by Seller or in Seller's possession relating to the Property, including all appraisals; (d) any and all surveys, reports, studies and other documentation related to the environmental condition of the Property or any property located in the vicinity of the Property prepared by Seller or in Seller's possession; (e) any permits, licenses or approvals relating to or affecting the possession, ownership or use of the Property (and any applications for permits, licenses or approvals); (f) any written notices, reports, citations, orders, decisions, correspondence, or memoranda from any governmental authority (including, but not limited to, copies of any zoning letters); (g) all agreements with or applications to any governmental authority with respect to any zoning modification, variance exception, platting or other matter relating to the zoning, use, development, subdivision or platting of the Property; (h) all agreements, studies, reports, correspondence, notices, citations, orders, decisions, correspondence, memoranda and other documents relating to the presence or absence of any hazardous materials, endangered species or environmentally sensitive areas on the Property; (i) any contracts or agreements relating to the Property or services being provided or to be provided to the Property, including, without limitation, any agreements with electric, cable, gas, telephone or other utility providers. Seller shall provide to Library any documents described above and coming into Seller's possession or produced by Seller after the initial delivery above and shall continue to provide same during the term of this Agreement. Seller shall also make available to Library at a location in Tukwila for review and copying, any and all materials in Seller's or Seller's consultants' possession regarding the Property. "Business Day" means any day other than a Saturday, Sunday or a legal holiday for national banks. 2.2 Due Diligence. Library shall have through the close of business on the last day of the Due Diligence Period in which to examine, inspect, and investigate the Property and, in Library's sole and absolute judgment and discretion, to determine whether the Property is acceptable to Library and to obtain all necessary internal approvals from its board of trustees. If Library determines, in its sole and absolute judgment and discretion, before the expiration of the Due Diligence Period that Library does not want to proceed with the purchase of the Property for any reason, Library shall have the right to terminate this Agreement by giving Seller written notice of termination. If, on or before expiration of the Due Diligence Period, Library gives Seller written notice setting forth Library's waiver of its due diligence contingency (the "Notice to Proceed "), then this Agreement shall remain in full force and effect in accordance with its terms. If Library elects not to, or otherwise fails to, deliver the Notice to Proceed to Seller on or before the expiration of the Due Diligence Period, Library shall be deemed to have elected to terminate this Agreement, and except as otherwise expressly provided herein neither party hereto shall have any further rights, duties or obligations under this Agreement. 2.3 Access/Inspection. Library and its contractors, agents, employees, representatives and their equipment and vehicles, shall have a continuing right of access to the Property during the term of this Agreement for the purpose of preparing and conducting land surveys, economic and land use feasibility, structural, soil, engineering, geotechnical, and environmental and hazardous substances sampling, audits, inspections, studies and tests (including, subject to Library's restoration obligations herein, invasive inspection and sampling), and any other sampling, audits, inspections, studies, or tests required by Library. Seller agrees to cooperate with Library to enable Library to conduct any such sampling, audits, inspections, studies or tests. Library shall keep the Property free and clear of any liens resulting from its inspections and due diligence and will hold Seller harmless from all claims and liabilities asserted against Seller as a result of any such entry by Library, its contractors, agents, employees, or representatives. If any inspection or test disturbs the Property, Library will restore the Property to substantially the same condition as existed prior to any such inspection or test. Notwithstanding the foregoing, this indemnity shall 5 15 not extend to and in no event shall Library be liable to Seller or third parties for (a) any release of pre- existing hazardous substances arising from the conduct of any investigation or testing of the Property, (b) for any diminution in the market value of the Property resulting from the information disclosed by any such investigation or tests, (c) any negligence or misconduct of Seller, or any of its agents, contractors, or employees, or (d) any pre- existing conditions on or about the Property. In the course of its investigations Library shall have the right to talk and make inquiries with all tenants and third parties including, without limitation, lenders, contractors, neighboring property owners and municipal, local, and other government officials and representatives, and Seller consents to such inquiries. The obligations of Library under this paragraph shall survive the termination of this Agreement. In addition, Seller expressly consents to Library holding public meetings from time to time regarding the Property and its proposed development of the Property and the disclosure of such information about the Property and its proposed development of the Property as Library deems necessary or appropriate. 2.4 Development Approvals. Library may need to obtain certain zoning and /or development permits, licenses and other approvals for its proposed development of the Property (collectively, the "Development Approvals "). Library's efforts to obtain the Development Approvals shall be at its sole cost and expense. The Development Approvals may include, without limitation, any approvals required under any declaration of covenants, conditions and restrictions or any other private agreement affecting the Property. Seller agrees to cooperate fully with Library, at no material out -of- pocket cost to Seller, to enable Library to apply for and obtain any such Development Approvals including appearing at public hearings, city staff meetings, or other meetings related to the approval of Library's application(s) as may be reasonably requested by Library. 2.5 Adverse Conditions. As a condition to Library's obligation to close, there shall be no material change in any condition of or affecting the Property not caused by Library or its contractors, employees or agents, that has occurred after the Due Diligence Period including without limitation (i) any dumping or discovery of refuse or environmental contamination; (ii) access; (iii) the availability, adequacy or cost of or for all utilities (including without limitation, water, sanitary sewer, storm sewer, gas, electric, and cable) that will be necessary to serve Library's proposed development of the Property; (iv) the imposition of any moratorium which would prohibit or delay the commencement of construction; or (v) the solvency and financial condition of any taxing districts to which the Property is subject or the ability and capacity of any of such districts to service the Library's proposed development of the Property. It shall also be a condition to Library's obligation to close that there shall be no City imposed offsite obligations required in connection with the Library's proposed development of the Property (other than the street frontage improvements contemplated under the S. 144th Street Improvements Agreement) and applicable water, sewer and impact fees charged by the applicable utilities or governmental authorities shall not have materially increased over the levels assessed as of the date of this Agreement. ARTICLE 3: TITLE REVIEW 3.1 Delivery of Title Commitment and Survey. Within ten (10) days after the date of this Agreement, Seller shall cause to be delivered to Library a current, effective commitment for title insurance for the Property (the "Title Commitment ") issued by the Title Company, in the amount of the Purchase Price with Library as the proposed insured, and accompanied by true, complete, and legible copies of all documents referred to in the Title Commitment. Within fifteen (15) days after the date of this Agreement, Seller shall deliver to Library and its authorized agents a copy of any surveys of the Property in its possession. Library shall have the right to obtain, at its expense, a current ALTA /ACSM survey of the Property (the "Survey "). 3.2 Title Review and Cure. Within thirty (30) days following its receipt of the Title Commitment and the Survey (the "Title Review Period "), Library shall review title to the Property as disclosed by the Title Commitment and the Survey and advise Seller in writing of any objections thereto. The Title Commitment shall include reciprocal easement rights granted under the Lot Consolidation that affect the Library Parcel and the Library Easements, the Temporary Use Agreement to be granted by the Developer and any additional easements to be granted by the Developer pursuant to the Library Development Agreement. If Library fails to notify Seller of its approval or objection to any matters contained in the Title Commitment and the Survey on or before the expiration . of the Title Review Period, Library shall be deemed to have approved of the matters contained therein and such matters shall be deemed Permitted Exceptions (as defined below). Seller shall notify Library in writing within fifteen (15) days after receipt of an objection notice from Library whether Seller agrees to remove or obtain affirmative insurance for such objectionable matter(s); provided, any indemnification of the Title Company to 6 16 induce it to insure over any objectionable matter shall not be allowed except with the prior written consent of Library in its sole discretion after full disclosure to Library of the nature and substance of such exception and indemnity. If Seller notifies Library that Seller has elected not to remove or obtain insurance for any such matters, then Library shall notify Seller within five (5) days following receipt of such notice from Seller whether Library elects to terminate this Agreement or to proceed, taking title subject to such matters. If Seller fails to notify Library of its election within the time specified, Seller shall be deemed to have elected not to remove or insure around such matters. Seller will cooperate with Library in curing any objections Library may have to title to the Property, provided, Seller shall have no obligation to cure title objections except (a) monetary liens and encumbrances and other liens of an ascertainable amount created by, through or under Seller or consented to by Seller (other than the DDA, the Lot Consolidation and the Lot Consolidation Easements) and (b) any exceptions or encumbrances to title which are created by, through or under Seller after the date of this Agreement without the written consent of Library (in each case Seller shall be required to take such actions and expend such amounts as may be required to remove or cure such matter on or before the Closing Date). Any updates to the Title Commitment showing new matters of title that are not Permitted Exceptions shall be subject to the same review process and termination rights as provided above, except that Library's initial review of such new matters shall be limited to five (5) Business Days after receipt of the updated Title Commitment and a copy of the new exception document(s). Seller shall not assign or convey any right, title or interest whatsoever in or to the Property or create or permit to exist any lien, encumbrance or charge thereon without promptly discharging the same on or prior to Closing, except as otherwise expressly provided for herein. Notwithstanding the foregoing, if (i) Seller fails to remove prior to Closing any liens, exceptions or encumbrances which are not Permitted Exceptions or which were created by, under or through Seller after expiration of the Title Review Period without the prior written consent of Library or (ii) if the Title Company revises the Title Commitment after the expiration of the Title Review Period to add or modify the conditions to obtaining any endorsement requested by Library during the Title Review Period if such additions, modifications or deletions are not acceptable to Library and are not removed by the Closing Date, Library may terminate this Agreement. The term "Permitted Exceptions" shall mean the specific exceptions (exceptions that are not part of the promulgated title insurance form) in the Title Commitment that the Title Company has not agreed to insure over or remove from the Title Commitment as of the dates indicated above, those exceptions to which Library did not make objection or waived (or was deemed to have waived) its objections. 3.3 Delivery of Title Policy at Closing. At the Closing, as a condition to Library's obligation to close, the Title Company shall deliver to Library an ALTA Extended Coverage Owner's Policy of Title Insurance (Rev. 2006) ( "Title Policy ") containing the Library's Endorsements, dated the date and time of the recording of the Deed (as defined in Paragraph 5.3(a) below) in the amount of the Purchase Price (or such other amount as may be approved by Library, in Library's sole discretion), insuring Library as owner of good, marketable and indefeasible fee simple title to the Property (and owner of good and marketable title to the appurtenant easements including the access and parking easement benefitting the Property granted under the Library Access/Parking Easement and any easements benefitting the Property contemplated by the Lot Consolidation, including good and marketable title to any additional Library Easements to be granted by Developer) and the Temporary Use Agreement, free and clear of all liens, encumbrances and defects, subject only to the Permitted Exceptions. "Library's Endorsements" shall mean: (a) owner's comprehensive; (b) access; (c) survey (accuracy of survey); (d) location (survey legal, if any, matches title legal); (e) separate tax lot; (f) subdivision/legal lot; (g) zoning; and (h) such other endorsements as Library may require based on its review of the Title Commitment and Survey. Library in its discretion may waive receipt of any such endorsement or request additional endorsements not itemized above. Seller shall execute at Closing such affidavits so that the Title Company can issue extended coverage. 3.4 Title and Survey Costs. Seller shall pay the premium (and any taxes thereon) for the Title Policy with liability in the amount of the Purchase Price (excluding the premium for extended coverage and the cost of any Survey). Library shall pay (i) any additional premium (and any taxes thereon) for extended title insurance coverage, (ii) the cost of Library's Endorsements, and (iii) the cost of any Survey. ARTICLE 4: OPERATIONS 4.1 Performance under Contracts. During the term of this Agreement, Seller will perform its material obligations under all agreements that affect the Property and the Tukwila Village Property. 7 17 4.2 New Contracts. During the term of this Agreement, Seller will not enter into any contracts, leases or other agreements allowing anyone to occupy or use the Property nor enter into any other contract or agreement or consent to or permit any lien or encumbrance (whether written or oral) that will be an obligation affecting the Property after the Closing without Library's prior written consent. Other than Permitted Exceptions and other agreements that Library has agreed to assume in writing, Seller shall terminate all contracts or other agreements affecting the Property effective as of Closing. 4.3 Maintenance Pending Closing. During the term of this Agreement, Seller shall maintain the Property in good condition and repair and fully insured and in a manner consistent with Seller's past practices. Seller agrees to not construct any improvements on the Property or alter, improve or otherwise modify any existing improvements without the prior written consent of Library. Seller agrees to keep the Property free from materialmen's, mechanics' and construction liens not attributable to Library and to protect, indemnify, defend and hold Library harmless from all such liens and all reasonable attorneys' fees and other costs incurred by reason thereof, which indemnity shall survive Closing. 4.4 Listings and Other Offers. During the term of this Agreement, Seller will not list the Property with any broker or otherwise solicit or make or accept any offers to sell or lease the Property, engage in any discussions or negotiations with any third party with respect to the sale, lease or other disposition of the Property, or enter into any contracts or agreements (whether binding or not) regarding any disposition or lease of the Property. 4.5 Seller's Obligations. Seller, subject to the terms and conditions of this Agreement, covenants that it shall pay and discharge any and all liabilities of each and every kind arising out of or by virtue of its development, ownership, leasing or use of the Property prior to the Closing Date, which obligations shall survive Closing. 4.6 Damage or Condemnation. Risk of loss resulting from any condemnation or eminent domain proceeding which is commenced or has been threatened before the Closing, and risk of loss to the Property due to fire, flood or any other cause before the Closing, shall remain with Seller. If before the Closing the Property or any portion thereof shall be materially damaged, or if the Property or any portion thereof shall be subjected to a contemplated or threatened condemnation or shall become the subject of any proceedings, judicial, administrative or otherwise, with respect to the taking by eminent domain or condemnation, then Library may terminate this Agreement by written notice to Seller given within ten (10) days after Library receives notice from Seller or otherwise learns of the damage or taking. If the Closing Date is within the aforesaid 1.0 -day period, then Closing shall be extended to the next business day following the end of said 10 -day period. If no such election is made, and in any event if the damage is not material, this Agreement shall remain in full force and effect and the purchase contemplated herein, less any interest taken by eminent domain or condemnation, shall be effected (and Library shall have the sole right during the term of this Agreement to negotiate and otherwise deal with the condemning authority in respect of such matter) and upon the Closing of this purchase, Seller shall assign, transfer and set over to Library all of the right, title and interest of Seller in and to any awards that have been or that may thereafter be made for such taking, and Seller shall assign, transfer and set over to Library any insurance proceeds that may thereafter be made for such damage or destruction giving Library a credit at Closing for any deductible under such policies. To the extent any such awards are made for such taking after the Closing, such amounts shall be payable and belong solely to Library. For the purposes of this paragraph, the phrases "Material dama!e" and "Materially damaEed" means damage, the cost of which to repair is reasonably expected to exceed ten percent (10 %) of the Purchase Price or which impairs access to the Property. ARTICLE 5: CLOSING 5.1 Closing. The consummation of the transaction contemplated herein ( "Closing ") shall occur on the Closing Date at the offices of the Escrow Agent. Closing shall occur through an escrow with the Escrow Agent. Funds shall be deposited into and held by the Escrow Agent in a closing escrow account with a bank satisfactory to Library and Seller. Upon satisfaction or completion of all closing conditions and deliveries, the parties shall direct the Escrow Agent to immediately record and deliver the closing documents to the appropriate parties and make disbursements according to the closing statements executed by Seller and Library. The Escrow Agent shall agree in writing with Library that (1) recordation of the Deed constitutes its representation that it is holding the closing documents, closing funds and closing statements and is prepared and irrevocably committed to disburse the closing 8 18 funds in accordance with the closing statement and (2) release of funds to Seller shall irrevocably commit the Escrow Agent to issue the Title Policy in accordance with this Agreement. 5.2 Conditions to Obligations to Close. In addition to all other conditions set forth herein, the obligation of Library and the Seller to consummate the transactions contemplated hereunder shall be contingent upon the following: (a) Seller's representations and warranties contained herein shall be true and correct as of the date of this Agreement and the Closing Date. For purposes of this clause (a), a representation shall be false if the factual matter that is the subject of the representation is false notwithstanding any lack of knowledge or notice to the party making the representation; (b) As of the Closing Date, Seller and the Library shall have performed their obligations hereunder and all deliveries to be made at Closing have been tendered; (c) There shall exist no actions, suits, arbitrations, claims, attachments, proceedings, assignments for the benefit of creditors, insolvency, bankruptcy, reorganization or other proceedings, pending or threatened against Seller, Developer, the Tukwila Village Property or the Property that would materially and adversely affect the operation or value of the Property or Seller's ability to perform its obligations under this Agreement or that would materially and adversely affect Developer's ability to perform its obligations under the DDA or Development Agreement with respect to the development and construction of the Library Shared Infrastructure, or materially and adversely affect Developer's ability to perform its obligations under the Lot Consolidation Easements, the Temporary Use Agreement, the Library Development Agreement or the Library Easements; (d) All of the conditions to Closing set forth in Paragraph 1.1(h) and ffl have been met to the satisfaction of the Parties or waived in writing; (e) There shall exist no pending or threatened action, suit or proceeding with respect to Seller before or by any court or administrative agency which seeks to restrain or prohibit, or to obtain damages or a discovery order with respect to, this Agreement or the consummation of the transactions contemplated hereby; and (f) The Property shall be in substantially the same condition as on the date of this Agreement. So long as Library is not in default hereunder, if any condition to Library's obligation to proceed with the Closing hereunder has not been satisfied as of the Closing Date, Library may, in its sole discretion: (i) terminate this Agreement by delivering written notice to Seller on or before the Closing Date, (ii) elect to extend the Closing Date until such condition is satisfied, or (iii) elect to close, notwithstanding the non- satisfaction of such condition, in which event Library shall be deemed to have waived any such condition. Nothing in the foregoing shall relieve Seller from any liability it would otherwise have if the failure of Seller to satisfy a condition also constitutes a default by Seller hereunder. If any obligation of the Library that constitutes a condition precedent to closing has not been satisfied as of the Closing Date, Seller may, in its sole discretion: (i) terminate this Agreement by delivering written notice to Library on or before the Closing Date, (ii) elect to extend the Closing Date until such condition is satisfied, or (iii) elect to close, notwithstanding the non - satisfaction of such condition, in which event Seller shall be deemed to have waived any such condition. Nothing in the foregoing shall relieve Library from any liability it would otherwise have if the failure of Library to satisfy a condition also constitutes a default by Library hereunder. 5.3 Seller's Deliveries in Escrow. At least one (1) Business Day prior to the Closing Date, Seller shall deliver or cause to be delivered in escrow to the Escrow Agent the following: (a) Deed. A Washington statutory warranty deed in form reasonably satisfactory to Library, executed and acknowledged by Seller, conveying to Library good, indefeasible and marketable fee simple title to the 9 19 Property, subject only to the Permitted Exceptions and all easements and rights appurtenant thereto including the Library Access/Parking Easement, together with a duly executed real estate excise tax affidavit (the "Deed "). (b) State Law Disclosures. Such disclosures and reports, required by applicable state and local law in connection with the conveyance of real property including a duly executed Form 17 (Seller Disclosure Form for Commercial Property). (c) FIRPTA. A Foreign Investment in Real Property Tax Act affidavit executed by Seller. If Seller fails to provide the necessary affidavit and /or documentation of exemption on the Closing Date, Library may proceed with withholding provisions as provided by law. (d) Amendment to Developer Temporary Construction Easement. Seller shall deliver Library a copy of the amendment to the Developer Temporary Construction Easement excluding the Library Parcel from the rights granted Developer thereunder. (e) Easements. To the extent not previously recorded, the Lot Consolidation, the Lot Consolidation easement agreements contemplated thereunder duly executed by the City and acknowledged, if required, and the Library Access/Parking Easement described under Section 1.1(h) (v and vi), and the Temporary Use Agreement described under Section 1.1(h) (viii) each in form reasonably acceptable to the Library duly executed by the Developer and acknowledged, if required, and any additional Library Easements contemplated under Section 1.1(h) (v) in form reasonably acceptable to the Library duly executed and acknowledged by the Developer and /or the City, if applicable; (f) Reconveyances. Any reconveyance documents required to reconvey any encumbrances which are a lien on the Property and any affidavit required to eliminate the Title Company exception for construction liens and the rights of parties in possession; (g) Authority. Evidence of the existence, organization and authority of Seller and the authority of the person(s) executing the documents on behalf of Seller, reasonably satisfactory to Library, the Escrow Agent and the Title Company; and (h) Additional Documents. Any additional documents that Library may reasonably require for the proper consummation of the transaction contemplated by this Agreement (which documents, as applicable shall be duly executed (and acknowledged, if appropriate by Seller and other persons party thereto) and all other documents required to be delivered at or prior to the Closing pursuant to the terms of this Agreement. 5.4 Library's Deliveries in Escrow. Except as specified below, at least one (1) Business Day prior to the Closing Date, Library shall deliver in escrow to the Escrow Agent the following: (a) Purchase Price. On the Closing Date, the Purchase Price, plus or minus applicable prorations, deposited by Library with the Escrow Agent in immediate, same -day federal funds wired for credit into the Escrow Agent's escrow account; (b) State Law Disclosures. Such disclosures and reports required by applicable state and local law in connection with the conveyance of real property including acknowledging receipt of a duly executed Form 17 (Seller Disclosure Form for Commercial Property) provided by Seller and a duly executed real estate excise tax affidavit; (c) Easements. The Library Access/Parking Easement, the Temporary Use Agreement described under Section 1.1(h) (viii), and any additional Library Easements contemplated under Section 1.1(h) (v) duly executed by Library and acknowledged, if required; and (d) Additional Documents. Any additional documents that the Escrow Agent or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement. 10 20 5.5 Closing Costs. At Closing, Seller shall pay (i) the real estate excise tax and any other transfer taxes, if any, recording fees and charges imposed by governmental entities with respect to the conveyance of the Property, (ii) those amounts to be prorated through Closing and payable by Seller pursuant to Article 6: below, (iii) one -half of the escrow fees, and (iv) an amount equal to the premium charged by the Title Company for a standard coverage owner's policy of title insurance with liability in the amount of the Purchase Price. Library shall pay (i) those amounts to be prorated through Closing and payable by Library pursuant to Article 6: below, (ii) one - half of the escrow fees, and (iii) the difference between (i) the premium (and taxes thereon) charged by the Title Company for the extended coverage owner's policy of title insurance and any endorsements required by Library, and (ii) the amount payable by Seller for title insurance premiums as set forth above. Since both Seller and Library are exempt from payment of ad valorem property taxes, there will be no proration of ad valorem real property taxes between Seller and Library. Each party shall pay the costs and expenses of the attorneys, accountants and other agents and consultants engaged by the particular party. The parties shall pay their respective shares of all other closing costs, prorations, adjustments, fees and charges in accordance with local custom and practice. 5.6 Closing Statements. At least one (1) Business Day prior to the Closing Date, Seller and Library shall deposit with the Escrow Agent executed closing statements consistent with this Agreement in form reasonably required by the Escrow Agent. If Seller and Library cannot agree on the closing statements to be deposited as aforesaid because of a dispute over the prorations and adjustments set forth therein, the Closing nevertheless shall occur, and the amount in dispute shall be withheld from the Purchase Price and placed in an escrow with the Title Company, to be paid out upon the joint direction of the parties or pursuant to court order upon resolution or other final determination of the dispute. 5.7 Title Policy. The Escrow Agent shall deliver to Library the Title Policy pursuant to Paragraph 3.3. 5.8 Possession. Seller shall afford authorized representatives of Library reasonable access to the Property for the purpose of satisfying Library with respect to the representations, warranties and covenants of Seller contained herein and with respect to satisfaction of any conditions precedent to the Closing contained herein. Seller shall deliver possession of the Property, vacated by all occupants, if any, at the Closing subject only to the Permitted Exceptions and with any personal property of Seller removed from the Property. Prior to the Closing Date, Seller shall remove all trash, debris and rubbish from the Property. ARTICLE 6: PRORATIONS 6.1 Prorations. The funds due at Closing pursuant to Paragraph 5.4(a) hereof shall be subject to adjustment as of the Closing Date in accordance with the following provisions, with the day of the Closing belonging to Library. (a) Utilities and Operating Costs. All amounts due under service contracts, if any, assigned to Library hereunder and utility costs, including water, garbage, sewer, electricity and gas (collectively, the "Operating Costs ") shall be prorated between Seller and Library as of the Closing Date. To the extent possible, Seller shall cause all utility meters to be read on the day preceding the Closing Date. Seller shall be responsible for the payment of all Operating Costs incurred prior to the Closing Date, which obligation shall survive Closing. To the extent possible, Library shall arrange with all utility services and companies servicing the Property to have new accounts started in the name of Library as of the Closing Date. (b) Insurance. No insurance policies of Seller are to be transferred to Library, and no apportionment of the premiums therefore shall be made. Library acknowledges that it shall be responsible for securing its own insurance for the Property. (c) Leasing Commissions. On or before the Closing Date, Seller shall pay in full all leasing commissions and locator's and finder's fees due to leasing or other agents for the Property and indemnify, defend, protect and hold Library harmless from all such commissions and fees and any costs and expenses, including reasonable attorneys' fees, incurred by Library in connection therewith, which indemnity shall survive Closing. 11 21 (d) Taxes and Assessments. Since both Seller and Library are public entities exempt from payment of ad valorem property taxes, there will be no proration of ad valorem property taxes. Surface water management charges, special assessments and all other taxes shall be prorated as of Closing. (e) Final Adjustment After Closing. In general, Seller shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period prior to the Closing Date, and Library shall be entitled to all income, and shall pay all expenses, relating to the operation of the Property for the period commencing on and after the Closing Date. The prorations shall be based on good faith estimates where actual expenses are not available. If final prorations cannot be made at Closing for any item, then Library and Seller agree to allocate such items on a fair and equitable basis as soon as invoices or bills are available, with the final adjustment to be made as soon as reasonably possible after Closing. Payments in connection with the final adjustment shall be due within thirty (30) days of written notice. 6.2 Other Costs and Expenses. Unless otherwise expressly agreed in writing between Seller and Library, no other expense related to the ownership or operation of the Property shall be charged to or paid or assumed by Library, whether allocable to any period before or after the Closing. Library shall pay the Seller $125,707 representing its percentage share of the cost of the S. 144th Street frontage improvements contemplated under the S. 144th Street Improvements Agreement upon final completion of such street frontage improvements. 6.3 No Brokers. Seller and Library each represent to the other that they have not dealt with any broker, agent or finder with respect to this Agreement or the sale of the Property contemplated hereby and there is no broker, finder, or intermediary with whom they have dealt in connection with this transaction, and each agrees to indemnify the other against all claims for fees, commissions, or other compensation claimed due any broker, finder or intermediary with whom the indemnifying party may have dealt in connection with this transaction, which indemnification shall survive termination of this Agreement or the Closing of the sale of the Property, as applicable. 6.4 Sales, Transfer, and Documentary Taxes. Seller shall pay all sales, excise, and transfer taxes and all recording, deed or similar fees imposed in connection with the conveyance of the Property under applicable local or state law. Seller shall also pay all costs of recording instruments to discharge or release any liens or encumbrances against the Property or to cure other title matters Seller is required to or has elected to cure. ARTICLE 7: REPRESENTATIONS AND WARRANTIES 7.1 Seller's Representations and Warranties. As a material inducement to Library to execute this Agreement and consummate this transaction, Seller represents and warrants to Library that: (a) Authority. Seller is a municipal corporation validly existing under the laws of the State of Washington, has the full right, power and authority and has taken all action necessary or required under applicable law to enter into this Agreement, the Lot Consolidation and Lot Consolidation Easements, the S. 144th Street Improvements Agreement, and the Developer Temporary Construction Easement, as amended (collectively, the "City Agreements ") and to consummate or cause to be consummated the sale and make or cause to be made the transfers and assignments contemplated herein. The City Agreements have been, and the documents to be executed by Seller pursuant to this Agreement and the other City Agreements have been duly authorized and properly executed and delivered and constitute the valid and binding obligations of Seller, enforceable against Seller in accordance with its terms. (b) Conflicts and Pending Actions or Proceedings. There is no agreement to which Seller is a party or, to Seller's knowledge, binding on Seller which is in conflict with the City Agreements. Without limiting the generality of the foregoing, no person or party has a lease contract, option to purchase or right of first refusal to purchase the Property or similar right with respect to the Property. There is no action or proceeding pending or, to Seller's knowledge, threatened against or relating to Seller or the Property, which challenges or impairs Seller's ability to execute or perform its obligations under the City Agreements. (c) Agreements with Governmental Authorities/Restrictions. Seller has not entered into, and has no knowledge of, any agreement with or application to any governmental authority with respect to any zoning 12 22 modification, variance, exception, platting or other matter except for the Lot Consolidation, the street vacation of 415` Avenue South and the Street Vacation Agreements. To Seller's knowledge, neither Seller nor the Property is in violation or non - compliance with any Requirements of Law or any restriction or covenant affecting the Property. The term "Requirements of Law" means all requirements relating to land use and building construction, including without limitation, planning, building code, land use, zoning, subdivision, environmental, air quality, flood hazard, fire safety, accessibility and other governmental approvals, permits, licenses and certificates as may be necessary from time to time to comply with all of the foregoing, and all other applicable statutes, rules, orders, regulations, laws, ordinances, covenants, conditions and restrictions which now apply to and /or affect the use, operation and occupancy of the Property. (d) Condemnation and Property Rights. To Seller's knowledge, no condemnation, eminent domain or similar proceedings are pending or threatened with regard to the Property. Seller has received no payment from any party for any easements or any other rights to use the Property. (e) Notice of Special Assessments. Seller has not received any notice and has no knowledge of any pending or threatened liens, special assessments, impositions or increases in assessed valuations to be made against the Property by any governmental authority (including any proposed by the City). (f) Zoning. The Property is currently zoned Neighborhood Community Commercial (NCC) and Seller has no knowledge of any contemplated, threatened or pending zoning change. (g) Property Information. To Seller's knowledge, the Property Information contains all material documents, leases, files, written information, books and records in Seller's possession or control and relating to the Property and the Property Information is true, correct and complete in all material respects. There are no contracts, leases, licenses or other agreements granting any person or persons the right to occupy or use the Property or any portion thereof as of the date of this Agreement or after the Closing. There are no licenses or other agreements granting any person or persons the right to provide services to the Property or any portion thereof. No person or entity has a contract or option to purchase the Property, a right of first refusal or first offer or any other similar rights with respect to the Property. Seller has not entered into any contracts or other agreements granting any broker, agent or other persons the right to lease the Property or list the Property for lease or entitling such parties to any leasing commissions or locator's or finder's fees as of the date of this Agreement or after the Closing. (h) Environmental. Seller has no knowledge of any violation of Environmental Laws related to the Property or the presence or release of Hazardous Substances on or from the Property or any migration of Hazardous Substances from adjoining property onto the Property. Seller has not manufactured, introduced, Released or discharged from or onto the Property any Hazardous Substances or any solid or hazardous wastes, toxic substances or materials (including, without limitation, PCBs or asbestos) nor permitted the same, and Seller has not used (nor permitted the use of) the Property or any part thereof for the generation, treatment, storage, handling, Release or disposal of any Hazardous Substances except in strict compliance with all Environmental Laws. The term "Environmental Laws" includes, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response Compensation and Liability Act, the Clean Water Act and other federal laws governing the environment as in effect on the date of this Agreement together with their amendments, implementing regulations and guidelines as of the date of this Agreement, and all state, regional, county, municipal, tribal and other local laws, regulations and ordinances that are equivalent or similar to the federal laws recited above or that purport to regulate Hazardous Substances. The term "Hazardous Substances" includes petroleum, including crude oil or any fraction thereof, gasoline, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas or such synthetic gas), lead -based paint, asbestos and asbestos containing materials and any substance, material, waste, pollutant or contaminant listed or defined as hazardous or toxic under any Environmental Law. For purposes of this Paragraph 7.1(h), the term "knowledge" shall mean and refer to the knowledge of the City Manager, the Mayor and the Economic Development Administrator for the City of Tukwila. (i) Withholding Obligation. Seller's sale of the Property is not subject to any federal, state or local withholding obligation of Library under the tax laws applicable to Seller or the Property. 13 23 (j) Compliance with Laws. To Seller's knowledge, Seller is not in receipt of and Seller has not received any written notice, sent by any governmental authority or agency having jurisdiction over the Property that the Property or its use is in violation of any law, ordinance or regulation. (k) Agreements with Developer. The DDA and the Development Agreement with Developer are each in full force and effect and there is no default by the City thereunder. As of the date of this Agreement the City has not taken, and does not currently plan to take, any action to declare an Event of Default by Developer under the DDA or the Development Agreement. City shall not amend, modify or terminate the DDA, the Development Agreement, the Lot Consolidation or easements contemplated thereunder, the Developer Temporary Construction Easement or any other agreement with Developer relating to development of the Tukwila Village Project, the Shared Infrastructure, or the Library Shared Infrastructure or the S. 144th Street Improvements Agreement, or any easements related to any of the foregoing, extend any dates or deadlines for performance or waive any of the requirements to be performed by the Developer under the DDA or the Development Agreement that would adversely affect the design, development, construction of the branch library on the Property or increase the costs thereof or which would adversely affect the ongoing operation and maintenance of the branch library or increase the costs thereof without the prior written consent of the Library, which consent shall not be unreasonably withheld, conditioned or delayed. If the Developer Temporary Construction Easement is terminated for any reason prior to final completion of the library building on the Library Parcel, City shall grant Library a replacement temporary construction easement in form reasonably acceptable to Library as provided in Section 10.21 below. 7.2 Library's Representations and Warranties. As a material inducement to Seller to execute this Agreement and consummate this transaction, Library represents and warrants to Seller that: (a) Organization and Authority. Library is a rural library district validly existing under the laws of the State of Washington. Subject only to obtaining certain internal approvals on or before the expiration of the Due Diligence Period, Library has the full right, power and authority and has obtained any and all consents required therefor to enter into the City Agreements and consummate or cause to be consummated the purchase and sale of the Property pursuant to this Agreement. This Agreement and all of the documents to be delivered by Library at the Closing have been and will be duly authorized and properly executed and delivered and will constitute the valid and binding obligations of Library, enforceable in accordance with their terms. (b) Conflicts and Pending Actions. There is no agreement to which Library is a party or to Library's knowledge binding on Library which is in conflict with the City Agreements. There is no action or proceeding pending, or to Library's knowledge, threatened against Library which challenges or impairs Library's ability to execute or perform its obligations under the City Agreements. 7.3 Survival of Representations and Warranties. The representations and warranties set forth in this Article 7 are made as of the date of this Agreement and are remade as of the Closing Date and shall not be deemed to be merged into or waived by the Deed or the other instruments of Closing but shall survive the Closing. Each party agrees to defend, indemnify and hold harmless the other party and its successors and assigns against any claim, liability, damage, loss or expense including reasonable attorneys' and other fees and costs asserted against or suffered by such other party arising out of the breach or inaccuracy of any such representation or warranty. ARTICLE 8: DEFAULT AND REMEDIES 8.1 Seller's Default. If this transaction fails to close as a result of Seller's default, Library shall be entitled to such remedies for breach of contract as may be available at law and in equity, including without limitation, the remedy of specific performance. 8.2 Library's Default. If this transaction fails to close due to the default of Library, then Seller's sole and exclusive remedy in such event shall be to terminate this Agreement, Seller waiving all other rights or remedies in the event of such default by Library. 8.3 Notice of Default. Except for a party's failure to close on the Closing Date, neither party shall have the right to declare a default by the other party and terminate this Agreement because of a failure by such other 14 24 party to perform under the terms of this Agreement unless the other party shall fail to cure such failure to perform within three (3) Business Days after its receipt of written notice of such failure to perform. 8.4 Other Expenses. If this Agreement is terminated due to the default of a party, then the defaulting party shall pay any fees due to the Escrow Agent and any fees due to the Title Company for cancellation of the escrow and the Title Commitment. ARTICLE 9: SELLER REPURCHASE RIGHT 9.1 Commencement of Construction and Substantial Completion of Library Building. Library agrees to (a) Commence Construction of the branch library building on the Property within six (6) months following the Closing, and (b) to achieve Substantial Completion of the branch library building within twenty-four (24) months following Commencement of Construction of the branch library, unless such failure to Commence Construction or achieve Substantial Completion of the branch library building arises from any delay by the Developer in commencement or completion of construction of (a) the First Development Phase of the Tukwila Village Project, or (b) the Shared Infrastructure or the Library Shared Infrastructure, or (c) the occurrence of Excusable Delay or Force Majeure events (as defined below) or in the DDA or the Development Agreement. 9.2 Seller Right to Repurchase; Repurchase Price. If Library fails to perform its obligations under Section 9.1, Seller shall give Library written notice of same, whereupon following receipt of such written notice, the Library shall have thirty (30) days within which to commence all necessary action to cure any such failure (and if cure is commenced with such thirty (30) day period, proceed to diligently complete such cure within a reasonable period of time). In the event Library fails to cure or commence to cure such failure within the time period set forth above, Library shall be in default under this Article 9 and Seller shall, at its sole and exclusive remedy for such failure, have the right upon written notice (the "Repurchase Notice ") delivered to Library within one hundred eighty (180) days following such default to repurchase the Property from the Library for the Purchase Price set forth herein, plus the Library's actual costs incurred in the design, development and construction of the branch library on the Property to the date of delivery of the Repurchase Notice. In the event that Seller fails to deliver the Repurchase Notice within the one hundred eighty (180) day period set forth above, Seller's right to repurchase the Property shall automatically terminate without further action and shall be of no further force and effect. If Seller delivers the Repurchase Notice within the one hundred eighty (180) day period set forth above, Library shall deliver to Seller an itemization of its costs incurred together with copies of invoices and such other supporting documentation as Seller shall reasonably request within thirty (30) days following Library's receipt of the Repurchase Notice. 9.3 Closing of Repurchase; "AS IS" Sale. Closing of the Seller's repurchase of the Property shall occur within ninety (90) days following Seller's receipt of Library's costs incurred in connection with the design, development and construction of the library branch building, and Library shall transfer title to the Property by statutory warranty deed, free and clear of all liens and encumbrances except Permitted Exceptions and any other exceptions consented to by the Seller prior to the Closing. Except for the warranties set forth in the deed delivered by Library to Seller at Closing, Seller acknowledges and agrees that the Property will be conveyed and transferred by Library to Seller on the Closing Date in its then present condition and state of repair, "AS IS ", WHERE IS" WITH ALL FAULTS, and expressly without representation or warranty by Library of any kind or character, express or implied, with respect to the maintenance, repair, condition or marketability of the Property, including, but not limited to (a) any implied or express warranty of merchantability, or (b) any implied or express warranty of fitness or suitability for a particular purpose, or (c) any representation regarding compliance of the Property with applicable laws, ordinances, rules, regulations or requirements, zoning, subdivision, building, fire or environmental matters. The Escrow Agent shall conduct the Closing and Closing costs and prorations shall be allocated between Library, in its capacity as seller and Seller, in its capacity as buyer, as provided in Articles 5 and 6 of this Agreement. If Seller fails to timely deliver the Repurchase Notice to Library or if Seller notifies Library that it intends to repurchase the Property but fails to close the repurchase within one hundred twenty (120) days thereafter, Seller shall not be in default under this Agreement, but Seller's right to repurchase the Property as a remedy for Library's breach of its covenant regarding Commencement of Construction and Substantial Completion of the library branch building shall terminate and shall be of no further force and effect. 9.4 Definitions. For purposes of this Article 9, the following terms shall have the following meaning: 15 25 "Commence Construction" or "Commencement of Construction" means the earlier of: (a) commencement of mobilization, site preparation, demolition, grading, excavation for the foundation of the branch library building or other improvements to be constructed as part of the library building project or any combination of such events, or (b) the date the Library delivers the notice to proceed with construction to its general contractor. "Substantial Completion" means that the Library's general contractor has substantially completed the construction of the branch library building shell and core including completion of all structural concrete work, including floor slabs, the installation of all exterior walls, exterior doors, windows, roof, and construction and installation of all site utilities with plumbing, electrical, water and sewer lines, telecommunication conduit and other utilities stubbed to the boundaries of the Property. Completion of construction and installation of interior improvements to the building such as interior drywall, distribution of utility services within the building, installation of interior, non -load bearing walls, interior lighting, wall, floor and ceiling finishes and other customary tenant improvements, such as installation of library shelving, books, computer equipment and other furniture, fixtures and equipment is not required in order for the Library to have achieved Substantial Completion of the library building. 9.5 Survival. The provisions of this Article 9 shall survive Closing and recording of the Deed to the Property. In addition and in express consideration of the Library's agreement to Seller's right of repurchase as set forth herein, if Commencement of Construction and Substantial Completion of the library branch building occurs within the time period set forth in Section 9.1 above, the Parties agree that Seller's repurchase right shall terminate and shall be of no further force or effect. At Library's request, Seller shall execute and deliver a written acknowledgement of the termination of its repurchase right, executed in recordable form. ARTICLE 10: MISCELLANEOUS 10.1 Parties Bound. Seller may not assign this Agreement without the prior written consent of Library, and any such prohibited assignment shall be void. Library may not assign this Agreement without the prior written consent of Seller and any such prohibited assignment shall be void. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective legal representatives, successors, assigns, heirs, and devisees of the Parties. 10.2 Headings. The article and paragraph headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language hereof. 10.3 Invalidity and Waiver. If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative, unless rights and obligations of the Parties have been materially altered or abridged by such invalidation or unenforceability. The failure by either Party to enforce against the other any term or provision of this Agreement shall not be deemed a waiver of such party's right to enforce against the other Party the same or any other such term or provision. 10.4 Governing Law. This Agreement and said other instruments shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of Washington. 10.5 Survival. The provisions of this Agreement that contemplate performance after the Closing and the obligations of the Parties not fully performed at the Closing shall survive the Closing and shall not be deemed to be merged into or waived by the instruments of Closing. 10.6 No Third Party Beneficiary. This Agreement is not intended to give or confer any benefits, rights, privileges, claims, actions or remedies to any person or entity as a third party beneficiary or otherwise. 10.7 Entirety and Amendments. This Agreement and the exhibits hereto and the documents intended to be delivered by the Parties pursuant to the terms and conditions of this Agreement, including the Lot Consolidation and easements contemplated thereunder, the Library Development Agreement, the Library Easements and the S. 144th Street Improvements Agreement embody the entire agreement between the Parties and supersedes all prior agreements and understandings relating to the Property including that term sheet as approved by the City Council on 16 26 June 25, 2012. This Agreement may be amended or supplemented only by an instrument in writing executed by the Party against whom enforcement is sought. 10.8 Agreement. Time. Subject to the provisions of Article 9, time is of the essence in the performance of this 10.9 Attorneys' Fees. Should either Party employ attorneys to enforce any of the provisions hereof, the Party losing in any final judgment agrees to pay the substantially prevailing Party all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith. 10.10 Notices. All notices required or permitted hereunder shall be in writing and shall be served on the Parties at the addresses set forth in Paragraph 1.1. Any such notices shall be either (a) sent by overnight delivery using a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) Business Day after deposit with such courier, (b) sent by telefax, in which case notice shall be deemed delivered upon confirmation of the receipt of the transmission of such notice, or (c) sent by personal delivery, in which case notice shall be deemed delivered upon receipt. A Party's address may be changed by written notice to the other Party; provided, however, that no notice of a change of address shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice. Notices given by counsel to Library shall be deemed given by Library and notices given by counsel to Seller shall be deemed given by Seller. 10.11 Construction. The Parties acknowledge that the Parties and their counsel have reviewed and revised this Agreement and agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. 10.12 Calculation of Time Periods. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday for national banks, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday. The last day of any period of time described herein shall be deemed to end at 5 p.m. Seattle, Washington time. 10.13 Procedure for Indemnity. The following provisions govern actions for indemnity under this Agreement. Promptly after receipt by an indemnitee of notice of any claim, such indemnitee will, if a claim in respect thereof is to be made against the indemnitor, deliver to the indemnitor written notice thereof and the indemnitor shall have the right to participate in the defense of such claim, (and, if the indemnitor agrees in writing that it will be responsible for any costs, expenses, judgments, damages and losses incurred by the indemnitee with respect to such claim, to assume the defense thereof with counsel mutually satisfactory to the parties; provided, however, that an indemnitee shall have the right to retain its own counsel, with the fees and expenses to be paid by the indemnitor, if the indemnitee reasonably believes (even in view of the indemnitor's agreement to be so responsible) that representation of such indemnitee by the counsel retained by the indemnitor would be inappropriate due to actual or potential differing interests between such indemnitee and any other party represented by such counsel in such proceeding). The failure to deliver written notice to the indemnitor within a reasonable time of notice of any such claim shall relieve such indemnitor of any liability to the indemnitee under this indemnity only if and to the extent that such failure is prejudicial to the indemnitor's ability to defend such action, and the omission to so deliver written notice to the indemnitor will not relieve it of any liability that it may have to any indemnitee other than under this indemnity. If an indemnitee settles a claim without the prior written consent of the indemnitor, then the indemnitor shall be released from liability with respect to such claim unless the indemnitor has unreasonably withheld such consent. 10.14 Further Assurances. In addition to the acts and deeds recited herein and contemplated to be performed, executed and /or delivered by Seller to Library at Closing, Seller agrees to perform, execute and deliver, but without any obligation to incur any additional liability or expense, on or after the Closing any further deliveries and assurances as may be reasonably necessary to consummate the transactions contemplated hereby or to further perfect the conveyance, transfer and assignment of the Property to Library. 17 27 10.15 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one Agreement. To facilitate execution of this Agreement, the parties may execute and exchange by facsimile counterparts of the signature pages. 10.16 Acceptance. This Agreement shall not be effective for any purpose until it has been executed and delivered by both Seller and Library; execution and delivery by one Party shall not create any option or other right in the other Party. 10.17 Confidentiality. To the extent permitted by law, including the Washington State Public Records, Act, each Party shall hold in confidence all documents and information furnished by the other Party and any information obtained through Library's inspection of the Property (other than matters of public record or matters generally known to the public). The foregoing provision shall not, however, be construed to prohibit any Party from making any disclosures to any governmental authority which it is required to make by law or to prohibit Library from disclosing (Library having the affirmative right and consent of Seller to disclose), to its officers, directors, escrow officers, title insurer, accountants, consultants, attorneys and other third parties involved in completing the purchase and sale of the Property such documents, information or terms of this transaction as is necessary or desirable for Library to perform its due diligence or as otherwise is customarily disclosed to them in connection with similar transactions. In addition, both Parties expressly consent to the other Party holding public meetings from time to time regarding the Property and the disclosure of such information about the Property that each Party deems necessary or appropriate. 10.18 No Partnership. Nothing contained in this Agreement is intended, nor shall it be construed, to create a partnership or joint venture or other special relationship between the Parties hereto or to render either of the Parties liable or responsible for the debts or obligations of the other Party. 10.19 Recitals Incorporated; Definitions. Each of the recitals set forth above is incorporated into this Agreement as though fully set forth herein. All capitalized terms not otherwise defined herein shall have the same meaning as defined in the DDA. 10.20 Excusable Delay (Force Majeure). In addition to the specific provisions of this Agreement, and notwithstanding anything to the contrary contained elsewhere this Agreement, Library shall not be in default in the performance or the failure of performance of its obligations under this Agreement, or in the delay of its performance, where such failure or delay or the failure or delay by the Developer in the performance of its obligations under the DDA, the Development Agreement or the Library Development Agreement is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as Library or Developer, as applicable, seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Agreement, the DDA or the Development Agreement) or any other cause beyond the reasonable control or without the fault of the party (Library or Developer) claiming an extension of time to perform or an inability of performance. The Library's lack of funds or Library's inability to finance the construction of the branch library building on the Property is not a cause beyond the reasonable control of, or without the fault of, the Library. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Library or the Developer claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Library is sent to Seller within ten (10) days from Library's actual knowledge of the commencement of the cause and such extension of time is not rejected in writing by Seller within ten (10) days of receipt of the notice (such extension of time is referred to herein as "Force Majeure"). The occurrence of any Excusable Delay or Force Majeure by the Developer under the DDA, the Development Agreement or the Library Development Agreement shall automatically constitute an Excusable Delay or Force Majeure Event under this Agreement. Times for performance under this Agreement may also be extended in writing by Seller and the Library. 18 28 10.21 Substitute Parking or other Easements. In the event there is any default by the Developer under the DDA, the Development Agreement or the Developer Temporary Construction Easement or any delay in commencement of construction of the First Development Phase or the Library Shared Infrastructure beyond October 1, 2015, or delay in completion of construction of the First Development Phase or the Library Shared Infrastructure by the Developer which has an adverse impact on the ability of the Library to construct the library building on the Library Parcel or to obtain a certificate of occupancy for the library branch building or to operate a public library on the Library Parcel, City agrees, upon written request of the Library and for no additional consideration, to grant Library substitute easements for construction staging, temporary construction office and contractor parking, access and parking either on the Tukwila Village Property, to the extent available or, if not available, on the Great Bear Motor Inn property owned by City and located at 14420 Tukwila International Boulevard and /or the Boulevard Motel property owned by the City located at 14440 Tukwila International Boulevard as may be necessary for the Library to construct and operate a public library on the Library Parcel until such time as the Library Shared Infrastructure has been completed and the Library is able to exercise the easement rights contemplated under the Lot Consolidation and related easements and the Library Access/Parking Easement. The provisions of this Section 10.21 shall survive the closing of the sale of the Property to the Library. 10.22 Library's Payment of Pro Rata Share of S. 144th St Street Frontage Improvements. In addition to the purchase price and notwithstanding any provision of the S. 144th Street Improvements Agreement to the contrary, the Library will also reimburse the City for its pro rata share of the cost of construction of street frontage improvements to S. 144th St. which will be more particularly described in the S. 144th Street Improvements Agreements in the amount of $125,707 upon final completion of such street frontage improvements, which agreement shall survive the closing of the sale of the Property to the Library. City and Library agree that Library's payment of $125,707 to City shall constitute full and complete satisfaction of Library's obligation to construct or reimburse the City or the Developer for street frontage improvements to the Library Parcel, including but not limited to the street frontage improvements more particularly described in the S. 144th Street Improvements Agreement. Library acknowledges that the City has not yet finalized design of the street frontage improvements. Library agrees to grant City a sidewalk easement along the southerly boundary of the Library Parcel if necessary to complete installation of the street frontage improvements described in the S. 144th Street Improvements Agreement so long as such grant shall not result in a violation of any setback or other land use or zoning requirement or render the Library Parcel or the branch library to be built thereon a non - conforming use under then applicable law. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written LIBRARY: KING COUNTY RURAL LIBRARY DISTRICT, d /b /a KING COUNTY LIBRARY SYSTEM, By: Name: Its: APPROVED AS TO FORM; SELLER: CITY OF TUKWILA, a Washington CITY ATTORNEY municipal corporation By By: Name: Name: Its: 19 29 EXHIBIT A Lot Consolidation Application with Maps A -1 30 EXHIBIT B LEGAL DESCRIPTION OF LAND Certain real property located in the City of Tukwila, King County, Washington and more particularly described as follows: Proposed Parcel D of City of Tukwila Lot Consolidation No. L -13 -021 to be recorded in the real property records of King County, Washington. B -1 31 32 City of Tukwila Department of Community Development 6300 Southeenter Boulevard, Tukwila, WA 61133 Telephone (208) 431 -3670 FAX (2OG) 431E3665 E-mail: planninglatukwilaWkoov LOT CONSOLIDATION NO. L13-021 4. DECLARATION KNOW ALL MEN BY THESE PRESENT THAT WE. THE UNDERSONED, 0P0E0(5) IN PEE SIMPLE or THE LAND t,EREIN DESCRIBED 00 HERERT MAKE A LOT COR50LIDAI40N THEREOF PURSUANT ID RCW 5EI +7040 AND DECLARE TH5 ADTLISINENT TO 9( THE GRAPHIC REPRESENTATION OF THE SAME. MID THAT SND ADAUSTLIENT 5 AD( RATH THE TREE CONSENT 4240 ACCORDANCE WITH THE DESIRES OF THE OWNEP(S) foINMS WHEREOF WE HAYS 5E7 OUR HANDS MD SEALS IA A ACKNOWLEDGMENT STATE 01 DP I COUNTY OF CERTIFY THAT 1 KNCIW OR HAVE SAHSFACIORY R10EN0E THAT 5 THE PERSON WHO APPEASE0 SEFDRE ME, AND SA* PERSON ACKNOWLEDGED THAT HEISHESIHEY SHMED PALS NSITRUMENI, 014 OATH STATED HEISHETOICV EXECUTED 1HE 94511111MENT As OF THE CITY OF TUKWILA, AND ACKNOKEEICED IT ID BE THE FREE 1-81 WioNTARy .ACT OF SUCH PARTY FOR THE USES AND PURPOSES WEN-DINED 114 THE INSTRUMENT DATED THIS _DAT OF 2014, NOTARY PUBLIC IN AND F00 THE STATE Of W450140T014 PRINTED NAME RESIDING AT MI APPONTmENT EARN:5 APPROVALS 111KeltA 51.100T SUBCAVISION COMATIEE APPROVAL 0*oftinc6 AND APP140050 SY 500 245141 5.19ore50114 v;141.419-.1 ANO HEREBY CERIMED 1(0 itiNG 1115 DAY or 2014 NH HA PoittO MOM WARTUDa OF AS3E3940475 ETAL42 AND APPRowo 9-6 DA T FAT 2-314 KING MINTY AMSSOR 157M4 9247, 15230489096. 157304-9092, 15542080005, 155420-0010 155470-0015. 1554204 0020. 15542080025, '55170-0220, 155420-0036, 155420 - N337, 15542080033. 155420-0030 15542089034. 00-4020-0190, 004000-0114. 004000-0146, 004006-0445. 02-1000-0191. 024000-019.6. 0,E4009-000 144 A5503+41 NOASERS RECORDER'S CERTIFICATE IUD FOR RECORD 7919 _ DAY Or 2013 AT 04,01 oox OF AT PACES AT 15. *EMEST CT PARGAATATEPTI CONSULT:NG ENCANEERS, ;NC ‘1/41:ANADER WC( OE KURDS PAIRIWIRRIAIIRWWwwW =RIC DURIMARTC852. PAHLZE 3.; THAT PORMN OF (07 9 N RNo 3 .,LomEs UAW:5 CARDEN ADDICN TO THE Cffr OF SEATTLE, M PER RAF RECORDED 111 (54:1702 13 OF FLATS, PAR: 12. RECOnS OF NM EDAM WAS1-44488.794, 440 OF THE SOUTHEAST 14-4 IHE ooinsmos -Lf4 00 sE5049 10, itosikoKR 23 NORTH, RAKE 4 EAST wM *3145 COUNTY. WASNITROTA DESCRIBED AS FOALOWS; REWARD* AT THE NORTNREST COMER 00 040 soor 9126 +1(1 OF THE LAST 4205 0t.-1 00 5130 SOUTHEASI 1D4, THENCE SOOTH 01`2117) WM 200 au To '140 m9 P0041 OF BECNNN‘ 00 1945 DESERDION, THENCE 0018T436E5TERLY TD A PONT ON THE EA-STRAY ME OF FACT.* HMAAT 5001* (STATE RRO +40 1), S OUTHERLY 25055 0(51 trEASURED ALONG EA* EASTERLY UNE) FRON THE I01ERSEC1*14 OF SAID EASTERLY ENE 900 THE NORTH U'4( OF THE SOUTH 517 TM 50 SAO SOLITIRRIST 1/4- 102050 SOUTHERLY ALCMS SND EMERY 8541014Y UNE TO THE SEAM UNE 04T SAM ER 9 THENCE EASTERLY ROM SAAR SOON LINE 10 THE SOUTHEAST 506450 1111(0000 THENrE SOJTHE.Rtr la A PRIT OR RE NORTHERLY UNE OF A TRACT CONSVED TO 71001 HUNTINGTON ST DEED RECORDED ODER RR* COUNTY RECORFAC 30 417375 THENCE LA59-TERLy ATONC SNO DORTH Lx4E LO A ROM WHICH OCAPS SOOTH 911734' room TK Mir PONT OF SEC18104. THERM CON12444245 LAY TO A FONT 405 04 FM: WEST RON RE EAR ERE 07 ISM souToszo 1/4 of SWIM WO-ft-UT 1E4, THENR NORTH RAMADA MN 5410 EAST UNE 65 FM THENCE NORTHWESTERLY 70 THE IRK Dow OF 820400A40 _ PARCL 0-14 s0N-Ex0u....514 EAsEkEEN-T 009 usopm 4140 ((0(05 CWEP A siRio or ymo 20 trri :0 ,;(4048 THE 551318E001 u140 141-45H 19 0555111405 AS MIDAS, BETTAZ Al A MANI ON THE *ORR UNE DC THE NORTH 3oai ma or r,Z E9ST 575.5 FEET D8 THE SOUTH S12.6 FEU ET THE SOTINLAST 1/4 1)4C EATTIFItiwESI 1/4 SECTAIN 15, TOWNSHIP 23 NRTAI, RANGE 4 okosr FEU DaTANT UST OF 485 NORTHWEST CORNER Or FAO SDSOFTISM THENCE ED-1414 0117130* WES 200 FM 10 THE TRITE 002-41 OF BEGINNING Cf. THE SOUTHERLY LINE OF TIE EASEMENT HERM DESCRIBED: THREE 531,180E50 ERLY TO A PONT 014 IK SWIRLY WITARGR OF RACIRC HIGHWAY SEVIN (STATE ROAD 1410. 1) 41109. PONT 6 25054 FEU 5000-9531 45 MEASURED AUNTS SAID HCHWAY FROM A ROANE 941160 14495P4 OF SAID 9,5(44441 4057450 23 40 VORE LETS 91$1 os wEST u9E ii-49 SueesnON HERS9i OESOWD MO ON THE WRTH UNE 9(4(00 *5 1H5 5444515 PR3.ATC-20 WESTERLY 11100 NKR a 11454409'K 16590 rEV TK S-04TH '1309 cm ET THE DE0y 505 0(51 00 1440 [SST 1 031 qv or SEMNIE,451 maywyo of THE sousiDTER OUARTER OF SECTION 15, TOMMYR 23 NORIN RANCE 4 EAST WM, 24 4445 5012070, WASHINGTON- (1100 EASTERLY CR WASHRETECAT STATE 44,514014 NO 1 RAMC (404RAY MUM) lIroS PARCa. sots 1 114004UE44 6 INCIPS045,. CHERRY LANE ACCORDING TO THE PLAT THEREOF RECORDED IN (0.(NE 40 OF PLATS. PAGE 21 114 KING COUNTY, WASHINGTON TETUTHER WIRT THAT PRATO' OF 41ST MCRAE SCITTH WARM INURED THERETO BR VADATION ORAMICE 4411 2429. RECORDED AN* 15, 7014 AS RECO:WOK Na 70149516010229 '11(0 94050,51 THE 'OWN 245 an Or ThE wtS1 505 FEV. DT CAL EAST 1031 FEET OF THE SMTHEAST. )14 OF THE SOUMMST 124 SECTRI 15, TOWNSHIP 2' WORTH, RANCE '1 EAST RR( KING ecuas wAsfificioN„ oloo LASTERLy OF THE STATE 84541WAY 440 1 EXCEPT THE STILITH 70 Afr, THEREOF CONVEYED TO KING 041J'1" FOR 00k0 01 96109MENT RECORDED LINDER RECORDING NO. I 156645. 4440(95(00 THAT poRTI9N yr THE SOLDHEAST I/4 Of THE SOOTHIREST 114 :Of 500'0+4 15 IDAYISHtP 23 NORTH, RANGE 4 W DAG SVEIHwISTERLY OF THE ARC OF A CIRCLE IMMO A RADARS OF 12.5 FEET WHICH 5 TANGENT TO THE NORTH RICHT OF PAY --RYE OF 501*TH 144TH STREU MID THE EAU RIGHT OF 1401 3+10 OF BARI* HIGHWAY SOUTH, MNITIM TO KANO COE-NTY SY 0E15 RECORDED 40404 RELORDK 143 74D0040390. PAACE1 1. LOT A OF SHORT PLAT NO. 90-9-55, RECERDED 14NDE0 RE(.041(02* feCT 9015(74914, DE945 A 0E0111049 OF 501 5 EHERRy VAC ACEOR09431 TO THE +1, THEREOF RECORDED R; TMONE 49 CL 44ATS: PACE 21, Pi ANNO EDuNTT, wASKNCTETA TOCE1MER 90)1 THAT PORTON OF 4151 MARI SOMTH KARON INURED 1HS01,10 BY vgArioN ORDALANcE No 76711. NyouRoe 3480 15, 2014 As RECORVING NO. 20140615000226. TME EDT S 50 SHORT KAT No 90-9-1S. RECORDED uNOER RECC0e4G HO 9010240311, RING A RCIION 00 1,01 7. EHERR-r 141E, 400000o4 TO THE PLAT THEREOF RECORDED IN VOIDNE 48 Of PLATS, ME 21, IN KWIC COUNTY, WASHINGTON. TOGETHER wTTH THAT PORTION Dr 104T AYETNE SOUTH 0404 IN9RE0 THERM 814 -TACAT54+ ORDINANCE HLT 7479, RECDROW JUNE lk 2014 AS RECORDING NO 70140610500728. PAR-0.0. THE NORTH 7701001 OR 101 ', CHERRY LANES ACCORDING TO THE RAT THERM, PEcORCED ftl 1042313E 49 or pLAis, NG( 21. • 9.1110 COoPitr. wASKNGION, 545(01 THC NOR14 137 FEET THEKEr 1405EINER NM THAT 900TA341 DE 41421 AvEhoE SLATTH TAHLN INuRED THERM ST TALATTA ORDNANCE NO. 7423, RELOADM -11.110 16, 7014 AS REEOPONO NO 28140615000775. TITLE 94Foal LOT 0- CHERRY LANE, ACCE)POPIC TO THE PRE THEREOF RECORDED 114 VOLUME 40 OF PLATS, PACE 21, IN 4414* COUNTY WASHINGTOW EXCEPT THE NORTH 220 FEU THERsa ARO F_RCERT THE MAIN 84 I144 THEREOF TCKUHES VFW THU WORM* CT *ST AAR* 4145H INURED THERETO EN VACATION ORDRIANCI. ND 7429, RECORDW TRW 10 2014 AS RECORDING NO. 201406154230228 PAP-t t THE SWIM 64 FEET OF LOT 7, CHEM LANE, 00009O94C4 10 THE RAT THEREOF 9(509050 IN VOLUM( 49 OF PLATS PACE 21 Pi FINS COUNFF P4S99451044 rWOHER *Wm NAT MORTON OF 4151 A(FRAIE soulti rAlicH NuRED THERETO Err VACAPON ORDNANCE 7429, RECORDR/ .*UN( 16, 2014 05 0E5030998 +40 201405160002214 TRE PARCEL j, (04134MS1i4ELY 00170+0) ANIMMIIIIMM■114 I URVEYOR'S CERTIFCATE: LAND S 1HI3 LOT ONEOLIDATCA CORRECTLY REPRESENTS A SUP415 414404: BY ME OR UNSER MT PARECITON 34 CONFORMANCE WITH STATE AND (0087F STATUTES 24 MAT 2013 RON 0 CALTMAP, P WAS44451014 95 EFST 46310. r 9 fe 0 H leNAOTIT)" (HHHA.DA.AH*AAHDAAAAADD') ') (1.522615 72140 *W A D E SCI' H KENT. WA 99032 (5+=6222 (A5)251-57E7 FA 0*7 (KwEW 1,01409(441013, 0009040. sem . P _ I5040 9 4 o 125 VOL PPPPRAAYA M 4 P 4 R ' A TPA 00R104 o t f EoC 44 C , R H D E 105 a 1 2 AA 1501 AE 1501 I N D r 1 1 1 7 4 1 o i on y O S A A 44 m oc k 5' 1D MGS H O E 1 OF RAM PACE 31 05504DS O*05OUNF2 wi5vt4510 (ICUs '41905 PORTO* OF LOT 13 COM(YED TOR ROW FOMSES TO (14(3 DRM gm OF WASHGTON. 9(009C45 13149011 0I R RELORCA ND 5015011 440 TO 19( STATE O NASHAMON RCOROM UNDR WORMS FLO 9951760430 RECORS OF • CNNIF 404544'80404544'80'044. , TriLE RAM 1415 wooT 1,0 ru of HE NORTH 83 FEE O LOT ;4 NI 10E0K 2 OF ALAMO HONE TRACS AS PER 9551 PECONDED RUDE 11 OF MAS, M 31, RECODS Or NM COUNTY 1145449411454494('074 _ ME FRM E) 1)A P09104 OF os 13 MS 14 IN 10009 2 OF ARV vE T04513 9 4401 41104 W509'43'004, 05500E0 AS fossoos . . 4. . : SCNNNG AT A PONT 50 FEE CAS1 95 19 rEr NORTH O TA SCaroal CORNR TRACT 14 THENCE WtTEALY 00 0EE1: THENCE NORTHERLY 26 EE, TNENEE wSTEREF 7145' rEV TO THE EASIERL KARDN OT PACIC WCHWAY "140+15! +434974-(05115001 ALONE SID H0348 737A THNCE EASERY 10905 ES THENCE NORERLY 2220 IR THENCE EASTERLY 60 o55J TRENCE 540411156(9 70 60 FEET TO PNT 01 8(0+1,47+45 I AFT P T ME FAM. THAT PORTO OLOIS 2 13 4440 14 N MCA 7 OF ADATTS HONE 104004 014C F504401 WSHNGTON ESEREED S "0101314'5- • 1 H , . E E R /0 A M C ( E ; ; 60 FEE7 EST ND 125 EE NRTH RTH5011PAESCORNR W TRACI 14 THENCE WESTERy 19514 FEET 10 THE ESTERLL MAC e (0 PACIFC 0454444T 14014 ;HENCE NOWHCASTERT *4*4,00+5 51414 NIKNAT 0-3 07 FEL THENE ESTERLv 79 51 FD THENE SOUHERLY 26 rEe. THENE EASTERLY TOO TE1: 114(40( GE (95141(0(1 34 FEET 10 P9241 OF h 5 sa: T. H 11056 P411509, OT (01 14 91 ROOK 2 Or ADAS HomE 'WIS APR PLA' REORDED o.WAE Dr PCE 31 RECORDS OF KRD MARY, WASHM50 EXCEPT TE WEST 69 rEEI TEREOF E A S H MI I O E N T 97105 Film THE WEST MA TM 07 SOT 15 194 KOCK 3 a 44i5 4549 Mor AS PER 9(41' 0C30E5 (MERE 11 OF RAS, ME 31, 10550905 OF KNG COUNT. STUAE 14 THE CR Of TUKMA COUT OF (1445 SATE F VASPM:TON AE IN O wa MM0: LOT 15: 4504R 2 Aoso Homo TrsIO, ACC9o0No To Tc PLAT THEREC, RCOMED N 'MAME 11 RAM. PR, 3 Ft 41195 COUT) 014341709. . EXEPT THE NtST 39 5 F651 HEREOF AND EXCEPT THE 5014114 115 +5('4 ;ADEN ANC; DEEM THE EAST 3 0 +101 THEREO CCTE I 4 5 T SURVEYOR'S NOTES: EASIE OF BEARING — 11111333/91 33/91 PER CV 05' rUKWLA ENE aksts sARNEEF09 THLS RC 83/91 PER fror 71msa sinOTUMVxi MOREZONTAt ONRA PONT 140 17 fa 1E4 CORNER OF S(C 15) WAS 44E1D FOR P05150400 A IRE BEWEN S40 POINT AIO 17 AND CITY OF UKWA HMONIALONTRa FONT NO 1925 HS NEW 00R ROTA5014 BONG 4139991E0-35 3T*555 AA IH E PROCIRE 1 NARROW: A 09(0 TRAVRSE SNG A 'RAW 5940' 1100004 TOAL SATC, TRRE 756T 900005 Tot 79T04 Aho T5105014 CR SPRESNED WITH 9'11,1 Nous WAS PRFOMED E504-455* THE WAM CRACE, 4440 APAL RLAIONSTAS SURE ADRMDS OKRTY ET, *140 TOMRPHC 1541195 5 MOWN 959,574 NE 0'500+40 DATA METS OR 1' (14" THE SRIDARDS 1011 LAUD 0*430444E 5041515 45 5E7 FOP% 04 PAC 552-130 042 T I T 1 . ROVEDCE MS: 140500(4.00 553040-1 950 95395047359989'4 805000-513 69,9155, 9EC370'10711575312 • RE5015-9-5514 REC4023040ME4313 4 RECOD-C-93050 KCO2'29019,29909014 5 RAT OF JAME CARKS CARDN 40:024 15023 9512 1 PAT Of ADAMS ROWE TRACTS 44*10 Ral E N T I B .F 1 4 . r LR O ENCROACHMENT NOTES, 1 THERE ARE NumEPous LAMES TONS THWESMES OF Taa PARCES k C NOT MME WHAM 2 THERE ARE A FED ENCRONAVENIS AON THE 0C '3040'(5 SE 5"![l 2 AD 3 3 THRE ARE A FEW 05RLA990 LEGAL (.55"9'P115344' AS SNOwN 4 THRE AE P° MNFCANT APS IN FC50PTCHSONA N THE NORH PORTION f THE sTE A; TK ',50 IN THE S0412 PORTION or ME on Si 3.4(0-15 7 ARO 3 ) LT, A T , R P E L O o 2 MT S E 1D M R S PRATE INGRESS, EGRESS & LOLMB LESEMEN AD MAINTENANCE AGRMMENT NOTE: 1445 LOT CONDUDATON C0NT546 411 ESNEH FOR PCRESS EGRESS 4(40 smTES FOR THE SERER 4' 804 0L P4RCES A8c, AND 0 O01HS O9'C01'5MIDA1104 okooSsgp or so PARCELS Ae AN PAN (OT CASEDATON *415 j53- AN (40)45 ANO WOWED PESPONSIBY FOR THE 413-60075558(30 TRNCE OF 54 [43 44 AN THE CONSTRUCT** NANENNEE REPAR AND REPLACEMENT DT 2900E44E400 ENTANED 94(10( 44 RPR EEE L ( L S , E 69 . ( 7 C C) ) NEW LOT ARAS: &9'( A.63906405 FT *6(5(504_ 35501 ('5395) 3183 so T (073 AC ) 4 7059 SO FT (0 4O 4C E BASIC D FY 094 451 mM 0 sA1Es 1 3 5141 aATE F PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON .23 PIV S2.233. R 2 ,3 52.1.',:253suir332"\pliall.52,,I 5255612AM 3311 D32333133 a 1. 'I ,./15/2. 0 SF.'.I. E T 1 OF 7 City of Tukwila Department of Community Development 6200 Southcenter Boulevard, Tukwila; WA 96166 Telephone (206)4314670 FAX (206) 431-3665 E -mall planningaItukwllaWA,gov �( CONSOLIDATION Na L13 -021 A_1 0 F a �y Ti 1, AitR A VHF (aM11 A F #RE mr,R.a1_(f:H) s C 9 WATER W.o.NOti Hi:R i9.011-011 i /R AC $vN LION €TOR i=ce° vRECT-OK ARROW SUAWY coNuVENT (AZ ;0TCJ BEND-0,40( l ■ SECTION CCYt1# Y As KIM) r U REEAR /CAP (*, -ktW) FouNo L(L7%ACK yUR'r'Y CU TAOL S`A'KXi w CONCRETE C AV L/5 isD (AS NOTED) ASPHALT euiLDING LJNE CHAN UNK FENCE w000 FENCE BARBED WIRE rENFE HOCW ='E FENCC -WATCR LItiE LINE OVERHEAOluNDERGROUND tEL UNE OVERHEAT /uNOERGROUN Fv8_ LINE STOW UNE SEWER UNE LU L if KKK LEER F ^#{N x710 J' Ce E1 901 (AS 90100) 1EEir11.1NE 94190LE U•F* &1c.: (CB) S.Mt i1(A•NH (sYH) swi ART SEEKR WNIHOU (sst1H) _lmoul (AS NOM) cS EH CAS vat£ 19- 1PFLIRIDON1 F•l0 S a EilR (AMA s° sr[R Elaiffia ram, i a I KCK s11 Rumm CP �Q_ C,ir K.a MR NeT35'31 V 126.40. n lsiiz' °£ E PARCEL A REkaismsM } 1417357111 14732` PAM 910 SS R r -■ VAATlx R N7 d11D1 €50X155 °6-1 fil 50tF111 MCAff€ so r2724 8 175D1 _ . 144TH STREET �•�,�• seras'�TI e2' —e 1 _ g SEE SHEET 3 EXISTING LOT CONFIGURATION, EASEMENTS & IMPROVEMENTS — - seris'31 E 117.>n T Se735.31T 21146' 18215 72140 AVENUE SOUTH KENT, WA 98032 (425)251 °6222 1425E251 -8782 FAX ern. T oNotRMC. IAA6 . ■4 SECTION 15 SECTION =F PG RAFT 0 25 50 100 SCALE; 1 -.80' PTN OF THE SE114, OF THE SW1 /4 OF SEC. 15, AND PTN OF THE NE1 /4 OF THE NW114 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON SHEET 2 OF City of Tukwila Department of Community Development 6300 Southcanter Boulevard, Tukwila, WA 9611111 Telephone (206) 4314670 FAX (206) 431.3885 E-mall: planningettukwilaWA.gov OT CONSOLIDATION NO. L13-021 = 2 SEE SHEET 2 6_ 1144THariTRTET-.Q-1-1 ,—Sar-ual 1 Nur—. - Tam - 5455 3/2 IX RP& MA OK SEE SHEET 2 9 LINT 162.4)701m 2- =45/4 TUVITTEME-2/1 =22 14719'54V 7750. 415 •.40 30T L To 2.0224% IMOD' 0 1.4_Pf I 14 15 / ayr, FAxica / / 4C1074Th 00 12) 11 j EkaNEKT KCV/CCUOSIA00446 AMP. 80 RECM. .--M702M516-37 23 EXISTING LOT CONFIGURATION, EASEMENTS & IMPROVEMENTS 2 18215 72ND AVENUE SOUT1 .7. KENT, WA 98032 '425)251-6222 ,425)251-5752 FAX Ficacarc. nc SIAVEYNG, ONPOWINIM. S 25 50 1 00 SCALE: 1-.150' No: 15255 vet,: PQ A LEGENCr-N 50 8 0 (4505. 450 ALL SVI49LtS LAAY /AKAR UV, YT L4544T 11/104/4/I OW) iA,HER LITER Felk.7 APCDON BOL (AS WU) TELLT-*CN€ CATCH SASPi (08) STORM W,Nral Mo.OH) 5AU1A01 ZECH a//45t5 (.74N2) aEmaut (2:2 4512105 045 KIER 545 /4/5/45 55058 vALA 025 Ii-ok$0,5(074) / cw■ECIKR<FEX) wATIR YEKR EA.Bw-Clif AiRvAC 504 kACA`IOR WELL 014501/0545 ARREN SuKvrT 40501/041 (g. WU) 8(KKDR0 SCC1VN CORNER (A5 WHO) Mu* KW/CAR (AS 2074-0) FOLHO it/5P/5x SUPvtg 0051005 S1A14544 0040:0.5 000AGRrie GRAVEL/WO (05 500ED) ASPHALT e5/55545 UNE GANN LINK EENGE w(000 FENCE /508(0 WIRE FENCE HCATAIRE FENCE HATER UNE 545 uNT OVERHEAD/UNDERGROUND TIL LINE 0212TiE25/4JN0ERG000N0 0450 LIKE 51540414 LINE SEWER UNE x PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON ,0111111111111110, S Cf City of Tukwila Department of Community Development 6]00 Southcenter Boulevard, Tukwila, WA 96186 Telephone (206) 43146711 FAX (200) 4314065 E-mail: Tannin tukwiliWA . ov OT CONSOLIDATI no 1 —UL TL 601 ALL SIMSkitS I&6v LA o=o 0 0 0 e Ltr4Mi60 (L/J) 'fARD LiCHT PVER UETER POIKR POLE ANCTeN BOX (65 NOTO) TELEPWAC U.44000.1 CATCH 0.01 (C8) STORV ,SANK/C (SC440 SAMIA,TY SMEP, lov•KkE (SS) OLLANOW •AS NOTa) GAO W06 CAS V4.51. %AMR WOZ (WI) r. woRimpsi tvoccroNml you gJ04311 wAmi tt eo*-orr p4P-voc SAN LoroR Wilt DiRECWONN. ARROW suAwr AIDNINCRT (A5 iw0701 GCNCHUAPK SEC1 O3N CORNER (AS fCE) NEEWCAP (AS N010) Mom) Lfj4BACK S4AT..I CONTROL SIMON iikNIXAP CONCREIC CA/EL/SAND WED) A5PHALT BUILD:NC. LINE CHAIN LINK UNCE WOOD rya 0AP8fD win FENCE 600616E FENCE w0E1i LINE CAS LINE OVERHEAD IUNDRAOUND TEL LNE OVERNEADIUNDERSOuND PAR. igNE 570911 UNE SEWER UNE -00 TH STREET NEW LOT CONFIGURATION & EASEMENTS SEE SHEET 5 511715-317E 147.92. 58735.3ITE 24t4t 18215 72ND AYENUE 5,-1t1T11 KEHL WA 98032 (425)251-6222 (425)251-8782 FAX a INONEORPIG, LAM SIOYLYNC.. DMI0,444}1104. CATE 05/3/13 PG. A Q 0 25 50 100 LU SCALE: 1-.50. PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON 0 SHEET City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 981611 Telephone (206) 431.3670 FAX (206) 431-3665 E-mail: plannInglatulmilaWA.gov OT CONSOLIDATION NO. L13-021 SEE SHEET 4 23 NEW LOT CONFIGURATION & EASEMENTS 22 SEE SHEET 4 y seT15111 242.49 sr:\ 0 8C SCALE: 18215 72ND 'AWE SOUTW KEHL WA 98032 (425)251-6222 (425)251-6782 FAX Emaa.c. Lao Po...a SUPYDING. DIVIVONYDRAL S1R 00- 'MANN De SIM Wx1r. C5/S/3 N SAT CHECKED DT Ra 15255 100 g AFT w (Kit (0 ALL SYMMS k-AX 4.-PLA5 WI WORA'RrN DUN) xRDO MAD K c-(1V, ws(ER MYER KIS xl(lcc15* 53(1 (AS KDKED-( waRKSNE AKRUNC- CATCH RAE_41 Kai 7055 Wawa! (Mati EVNIKANY REDID NAIRICKI (ssula CUS-ViDal (A5 WO) R-1S MEND CAS RNXE WATER YAM- 01,4 11"E .f.a5*s7(0( 5D.M7c0091705) * 411(5 mANRcii W AD KIER 9501-Orr aPora he _ 5755 E.9EEI5*445 AKRON xxxixx,,,re awiatai NVEr9 Bg: C SEM* ENDED (AS WED) rw.c. Kftxstiva ("0 W50) 704.0 LEADRIACK EUNTEK C550550( EEADYR coNcarr caAvaisvio (As NOM) RSDNJET DUK_NNE ENNN LNG FENCE 5000 FENCE 0-105E0 .E."E FENCE mEX..x9E FENCE f(ATER UNE CAS UNK OxERNEADINNUDGR(NNO TES- LINE DrERREKDANDERGRDAD CINK LKE 70951 UNE SEWER UNE PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA. KING COUNTY, WASHINGTON 44 5* 5* SHEET 5 OF City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 96158 Telephone (206) 4314670 FAX 1206) 4314665 E-mall: plannIngptukwileWA,gov OT CONSOLIDATION NO. L13-021 SPECWL FACEPTIONS: (KR rioso AMERICAN mu INSURANCE 0:10'ANT WAR NO, Nr--5-63ngs=w4-1 04110 AUGUST 28, 7014 AT 2,3D A30 1-2 NOT AP-0(,E TO BE WAN C4 St-Q7E3 , E00E8N1, INCOADING TERMS AK) PRGYAS/ONS CONTAINED 10(0001: RECORDING KOWLOON: BURCH 8 31 15 RECORD9AS Pra 2591475 IN FAVOR OF THE STATE OF 11ASEI18G1011 FOR: 10 EXTEND SLOPES, GRADES 00 EMBANKMENTS AFFECTS: PORTOT.I OF PARCEL N (PLOTTE0 IERECON ONLY OYER WT 12 4, EA5W(041, INCIMONG FERWS N10 00009O85 CONINNED THEREIN. RECORDING KOWLOON JULY 3. 1347 AS RECEADINIKT 90, 3702188 FOR: DRAJNASE PIPES AFFECTS PORTEN OF PARCEL M (NOT-PLOTTAVI OLANNET 81 NAME ONER A KRIM OF THE WEST AY or Lah 14. AREA GENERALLY PLOTTED HEREON, 5. EASELIENT. INCU/ONG 118115 MAD TffiDTAQICA CONTAJNW THERON RECORDING 81ORMA00N: NOVEMBER 18_ 1947 05 RECORD-4HG NO 3745791 IN FAVOR or, 8114 cowl, %INTER OSTRACI .138 FORT SEWERS AFFECTS PORTION or PARCEL P OCT PLOTTut, BLANKET 84 MILK OVER DE WEST 2L6' OF LOT 15 6. urr rma ALL OFFERS or ocoorcr4, mg-gro6: 0T-0S, FAS-DIE:NTS, Fifa UNE/BOVNDARY CISCRPARGIES. NOTES AHD,. OR 080415 115 94086 30 crsmosto 4 41 30 kAr '4 01 LANE RECORDED h VOLUME 48 OF RATS, PALM) 21 APICES PARCELS 0, E. 0. 0, 4 (NOT PLOTTABL) 7 EASEMENT, INCLUDING TERWS 400 PRCARS-Vil CONTMNED THEREIN: RECORDING INTIONTATION: MARCH 25, 1948 AS RECORONG IQ. 3785994 FOR, DRP/EWAY AFFECTS, WEST ID FEU OF FARCE, 0 (PUTTED 4CPEDIEN1 EXECUTED BY AND ornrcrN 1441 PT4RI1E5 HE0194 NAMED U-K94 tHE cord:mon rhurEN PRCMOED. Klink f U. LONG, ET in ANO KING CANT WATER 0011111. 1130 DATED JANDARY 31, 1948 RECORCO :COMER TD, 1957 RECORDING INFORMATION: 4280075 PROVIDNIG AS FOLLOWS: CONNECTION 10 LD,DNETADA 0141 AFFECTS. PARCEL P (NOT PLOTTNIE) 9 AGREEMENT EXECUTED BY Ak41' BENEEN 105 FARMS 44E00e4 NAJJEE, OKIN I-9/E coromorrs THEREIN PRODDED. DEMUR: WILUATA MANNING. Er AL, mo crio 0:3-urri WATER MIMI 138 DATED: WM 29, 1949 RECORDED, CGTODER 10, 1952 RECORDING NFORMAION: 4280976 PROVONC AS FOLLOWS: SEWER UNE MANTENVICE AFROS PARCEI, P NOT PLOTTAan EUNEET OMR SOUPERLY 8081884 OF LOT 15 19. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED LUPIN THE CCRETITONs THERDEJ 90040E3, BETWEEN. JON94 A. 0F.114, ET UX, AND KING COUNTY DATED 0(890480 03, 1953 RECORDED FEBRUARY 11, 1953 RECOROMC WFORMAIONI 4314485 PROMO% AS FOLLOWS: CONSENT TO 1111 NATURAL 0,08 1.0 NFACE WATER FEN THE PLAT OF CHUERY 04101 10 81 CARRICO 14 :DS NATURAL MEMEL ACROSS TEE SUBJECT PROPERTY AND TO HOLD 8100 COONEY e-4-9410,ESS 000 1040 DAMAGE MAT NAY BE CAUSED FEY SAO DRAINAGE flOw Arrrcis rgrcos 1 THOCIUGH 1 (APPRO301114TUY WIN) SEE THE LOCADEN OF THE DRAINAGE CHINNI CR WET 2 14 EMINENT INCLUCONG TERMS AND pkovrsoNs CONTAWO TKREIN, RECORDING 04FORLATION: JANUARY 2, 1958 AS RECORDING NO 4862270 fAVOR Of: IIAL WE SEWER CGIRCI ror;r. A GRAVITY SANTARI SEwER 154 OR LAB AFTECTS, KRNON OF PARCEL 0 NEMO) T 12, CASEMENT INCLUDING TERMS MD PROVISIONS COPflAiNECL, RECORDING INFORALATON: ANTUART 8, 1958 05 RECOROINC 10D. 4863132 16 FAVOR CAT VAC 0111 5(8(8 FOR: A GRAVITY SANITARY SEWER (54E OR U)1ES AfTICTS: PORTCh Of PARCEL A RITF8X11) 13. EASELIENT 19(4,1IDIK TERMS MA) PROV505 TONTNNED TKREIN RECORDNG INFORAMTON. JANUARY 8, 1958 05 RECORDNG MD 4863733 14 FAVOR OF VAL 111 SEWER mr,da TOR: A GRAVITY SANITARY SEWER UNE OR UNES AFFECTS ORTION OF PARCEL A (PLOTTED HERE/991) 14 INTENTIGNALIY 15 EASEMENT. INCLOOMG TERMS AND PROT/SONS CONTAINED THERM: RECORDING NfORMATION: AIRE 19, 1974 AS RECCADNG NO, 1406190219 IN FAVOR OF b4440 mop FOR: SLOPES AFFECTS: PORTION OF PARCEL 0 (ROTTED HE(ON) TO CASEMENT. INCLOOK TERMS AND PROVISIONS ODWAANEC1 THEREIN. REEDSDING INFORMATION NNE 19, 1374 AS RECCAICANG MO, 740619,3221 FAIIOR OF: 1014G COUNTY FOR: SLOPU *01(015: PORTION OF PAK°. 0 (P1.0118 17 85141 TO 1MYE NECESSARY :SAMS rorr OR flU_S UPON SAID PREMISES FOR (INC COCNTY AS 5RAN1E5 BY CCED RECORDED SEPTEMBER 14 1974 UNOER RECORDING NO 7409040396 Arrwrs_ 008704 OF PIKE/. 5 DOT PLOTTAB.() BLANKET IN POITURE 18 EAsEuENT, INCLUDING TERMS AK PROWS/DNS CON146110 THEREIN RECCKMC NOW/ATM SEPTENDER 4, 1974 AS RECORDNG NO 7409040397 (3404 or KING mom roc: SIDEWALK AFFECTS: PORTION EW PARCLE, 0 * 11 19 EASEMENT. I4(1)30940 TERMS AK PR00010145 CONTANED THEREIN: REOWYNG INFORMATION. NOVEMBER I, 1974 AS REC.OuNANG NO 7411010445 04 fAVOR OF- TK COY OF SEATTLE FOR: ELECTRIC MANSIA(SADN AM) IASTReUTION irN1 rxitars AFFECTS: PORTION Of PAR(0 MUT) DBCRPTION 5 ROT OF 14TERNAI88NL %YD. 26, EASINENT. INCLMNAG TERMS AND PROVIANS CORINNE) THEREIN. RECCRONG INFORMATION: NOVEMBER 12, 1974 AS REC(00161 990. 7411120163 19 FAVOR DE: KING COUNTY FOR: SLOPES AJTELIS: PORTION OF PAM' (Amu WREN) 21 EASEMENT, INC00014G TERMS AND 09045A-94 CONTANETO THEREIN: REWROINC KFORIAIIM NOVEMBER 13, 1974 AS RECOAVING NO 7411130393 191 (AAR OF KiNG COATI FOR: SLOPES Arrtvs; Porno+ or PARCEL K AFFE(T} AREA NOR 5 POW PULILIC IV 72. KW TO MAKE NECESSARY 51001.5 FOR owls ofi FA.J5 UPON SA0 P8185E5 TO KIK OANTY AS GRANTED BY DEED RECORDED JANUARY 15. 1975 5,KER RECOOK NO 7931150141 AFFECTS: PORTION or PARCEL K (801 PUDITAIIII MAKE 84 NATURE 23. 10140ITION5 NOTES, EASEMENTS, PROI959"..95 ANOKA E0107010541N-3 CONTAINED OR DELINEATED ON 7440 rxr; CO 105 %RAD RECOROM UNDER RECORD:NG 440. 7611071103-5 AFTECTS: poacris o AND P (PLOTTED 110111310 24. coNomm, (Aseyews, 0001(45A3/.5 00*0I1 9-1= (KRO)CAAIMENTS :CONTAINED 09 DE0NEA1ED 011 IK WS OF K SIDESCI RECORDED UNDER 9100 0(6995 663 0031230002: AFFECTS: PARCELS B MO PLOTTA914 25. MGM OF ENTRY AGREEMENT AIO THE TERMS AND CORDITE:NS THERECE: BETWEEN: TCJ CABL041SEN EAD wASHINGTON, NC . AN 1E0 MAIJAIT RECENT:HS INFORNANON mu,' 1. 1986 AS 14Er4+7-v81*T 61. M07010903 (NM PLOTT 01 26. AGREEMENT AND 1141 TERMS MID CONSAIMS THERECAT BETWEEN: VAL VLIE SEWER FASTRADI RMIECaDRIOW.1Ct4A5INFORMAi4. n°1014E14'6°4: SEPTTILLWIN 4,54-Y.9.98 A-5 Au.A.NEAHN 550,200056 AFFECTS: PARCELS G. H 0410 (MOT Roman 273757 4140 *65001(80 CA 0E1C101014, EMOTIONS, R15E10CIWDE45, rAstmorm FENCE UNE/BOUNDARY 0!SCREPANCI05, PERES ApajoR PROVISIONS SHOWN CR CITSCI_CD—MT 81 WO PLAT NO_ 90,9-55 RECORDED WIDER RECORCING NUIJKR 9011240314_ AFFECT'S: PARCELS 1 AND FLOTTADLE) 23, CC-WI:MONS, 41105. EksorEgrs, 000,05r:06 AtioloR ENCROTHDDHMENTS CONTANED CR DELINEATED 0-44 THE 1011 OF THE SUF05RF1 RECORDED vNDER Wa4WAN0 NO. 92103790:6. AFFECTS: PARCEL. .7 (NOT PLOTWLE) 29 EAEJNENFT. RICLEONC TORUS AND PRCVSICD6 CONTADNED T40EIN REGO:RW.4G NFORMATION: MARCH 21, 1484 AS RECORONC NO 9403212327 MR: CAS LPTE AFFECTS PORTON Of PARCEL 1 • 4, [yoL 33. LE151 MD THE ITERIAS AND CG40534545 (-10109 As 01510010 401 urmomoutr or Lu‘sr IMOR: 0RAARIC0 W MONKEY CEA accorir(9 urocrlsrs ussa_ BRAN ervE mro 34509t40r9 Notr DOA INTMATIMAAS IKON CI.A3NE CATO MOUSY 13, 1195 RmoRmo: 144 1999 R11090NO 91FOR114(48N. 1999081600'3s3T AFTECTS PT-48C.L5 K MD (001 91615 '9 31 INTENFM-iNlY ougro 32 EASEMENT, 91CI00N0 1005*5 PROVESOMS CONTAINED THEREIN (CORDATE INFORV-ATM. 3591 14 7102 AS RECOROIK HO. 20070614901446 94 FAKIR Of= THE tiousitic METRZQTY OF THE COIRITY DE KING MR: PARKNG Arrrcm, 00814)64 08 rwco, sow usEurrg F-yRI:KR WADED BY INSTRUMENT RECORM 0 IMR04 311 2007 AS 91 09)4-0 :1111 200 r0330*26 1657 (MOPED 400t :0.) 11 THE WRNS ARO FROKA)175 CONTAINED 114 THE ECCULIENT E911I1E0 TTIEIAORANDVII OF 01705093N 1110 004E1076"ENT CREWE-NT' RECOR00, TIBRUNEY 17, 2015 REEANDNG 940,, 20130212001612 ;AMOS AEI PARCELS) (9401 910(168411 34 THE TENS AtiO PRO.TSWNS CO416194E0 IN 714C OCCINENT rprinao 51EM08480930 or outioPurro 8(81(11(4-11' 81(019(0: URDARY 12, 2'113 81C_D115 70T30212901613 DOCUMENT 9r-91c5Rre oroora-R 30. 2013 AS RECNONG NOS 201312195(40389 4110 20131731000930 50 orrICK RECCESDS (AFFECTS ALL PARCEISI ENOT 91091e11 30535, 801 OuPPLEAKE 7,3 34011014 c#5 SUSTAY 37 thE TEPTAS AND 890,0535765 aNIANED 19 THE =1441 L11101C-0 "MX/ %WA/ SEIttR USTRia ODUOPER, 1A105400 ACREAMENID REUNITED DECEMBER 5, 2013 AS RECORDING NO 20131205001010 Of- OFEEML REDORDS ocr Kaman 38. EASE:SPX, tOLLINNE VERSUS ANO PROD-VOHS CONTEMNED RERUN RECOROTAD NfORMTATION 118R1o96 20. 20I4 A5 ncoRolIG E40 2014L322DOGEL580 FROR OF NORMANDY CONTE AICANGS. A WAS/CP/GIN AMTED L/AW_U-Fx 511 P*411 91.94: TEMPORARY *0(055 (Kinn 1431(04) 39. LASTAIENT, P41100940 TERMS MAD PRONTSiONS COrikta ITEREIN RECORDING INFORMATION. FLORWY 20., 7014 AS R1. 1;09091G 910 0 41( FAWR OF SAMARA 46 l990R NC, A MASNiMCION .17910-0)806 FOR- rICIWORARY ALCM (PLOTTED 9(9(08) 40 EASEMENT, NCLEANYC TERMS AND PROVEADIAS CONITANTM THEREIN RECORDING INFORMARON: MAY 5, 2014 AS KC:CRONE NO, 201490050001593 14 FAVOR OF VALLEY VIEW SCR-ER DISTRACT, A WA919401O4 5P11IAL PUWDOSTE MIRO FOR: TEMPORIRY ACCESS (RIMED Wen) 41 CASEMENT, 'CLUEING TERWS AND 07314540945 104 '1 441410 WON: RECO190110 efORNADON, NAY 5, 2014 AS RECORCMG 1443 231405.35919516G4 1.4 TAIWR OF WATER OIST-MT 125, A WASHINCION SWEVAS 0u00051 9(107(1 FOR: FA/FORAM XCESS (PLOTTED KNEW) emat07°.. 18215 7240 AVENUE 50 KENT, WA 98032 (425)251-6222 (425)251-8782 FAX D4C9ICTANG. SOPIDINC. DearemeNAL PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON SHEET 6 OF City of Tukwila Department of Common Ity Development 6300 Southcanter Boulevard, Tukwila, WA 911188 Telephone (206) 4314670 FAX (206) 4314665 planningetukwilaWA.gov LOT CONSOUDATION NO. L13-021 NEW LEGAL DESCRIPNONS: PARCEL k THAT P-ORTION OF SOUTHEAST DLIARTE8 OF THE SOUTHWEST QUARTER Of SECTION 15, TOWNSHIP 23 NENOTH: RANCE 4 EAST, MLEAMETTE MERIDM, MORE PARTEtiLARLY DESCRIBED AS FOLLOWS- COMMENCING AT THE S.-WHEAT C•DAR OF SAID SOUTHWEST OLLARTER. THENCE NORTH 97'35'31- WEST 555 32 FEU MONO THE SONTH NNE OF SA 10 SWTHWEST QUARTER: THENCE AT R.CAFT NAMES: NORTH OT24 29- AS 44 25 5z,zr To TNE NORTH MARGO oF sotrcH TAATF. „TREET AS CONNEVE5 TO THE :Fro OF TifroNLA BY KING COUNTY RECORMG NO THENCE NORTH 2010E67- FAST, .55 94 FEET TO THE TRUE PONT OF BECoNN.ND. THENCE NORTH J92724 EAST. 337 FEET TO A POINT ON A 11011-TANGEN1 CuPot. THE RAMS OF W4CH DEARS NORM 0355 17 WEST THENCE NORTmEASTERLF ALONG THE ARC Or A CU RA 'CONCAVE TO THE NORTHWEST. HAvINC A RAMS OF 40D3 FEET NECK. A CENTRAL ANCLE or 3111 177, AND A- ARC LENGTH CF 25 96 FEET TO A ROLNT OF REVERSE CURVATURE' THENCE EASTERLY ALONG THE ARC Or A ONNME TO THE RGHT. HA5o4G A RAMS OF 54 00 PEET. THRON-Do A CENTRAL ANC-1,1 CC 4731'35--, A1/0 AN ARC LENGTH ON 1522 FEET: THENCE NORTH o82s-oo` cAsr, 05 72 KV TO A RONT OF TANGENCY: THENCE NOR-MERV ALONG TSE ARC OF A ODRA M THE L KAWNG A RAI 0 CO 2G FEET, THROUGH A CENTRAI ANGLE OF 36573 JD AN ARC LENGTH OF 24 30 KEE THENCE NORTm 01'17 74- EAST. 3,.97 FEET 70 THE NORTH 54:E. Ce THE FLAT OF CHERRY LANE. RECORDED N VOLUME 48. AT FACE 21- THENCE SOUTH 8T35"31- EAST, 31 512 FEET AWNS SAE NORTH LINE, THENCE NORTH 012774 EAST: *5(44 EEC. THENCE NORTH 07.1512- WEST, 43541 FEET. THENCE SOUTH 73'1400- WEST. 151 55 FEU TO THE EAST M44C114 OF TUKWEA 415( *149144( BOULEVARD 44140 A 40142 ON A DON-TANGENT CHM, 741E RAD4US OF WHICH BEARS NORTH 94E09 Ir WEST THENCE SOuTHERLY ALONG SAK. CAST MARGN. ALONG THE ARC OF A CUR< CONCAVE TO THE DIST. HALANG RADoS OF '96052 FEET, MROFICH CENMAL ANGLE OF TE402`33'. AND AN ARG LENENTM OF 343 54 FEET TO A PONT 'ANKH BEAK NOP114 7E432O5 WEST FROu THE TRUE ROOT= OF BEGINNING: THENCE SDJTH 7ff32'36= EAST. 11535 FEET TO THE TRUE 551NT 04 8E01444401 SUBJECT 20. (I} ACCESS EASEMENT AND NANTENANCE AGREEMENT DATED 2014 AS OECOREW uNDER REGO5D114 NO REcoRDS 04 AlAs couNT% wAsPANCTON: (r) voury (*5 424(4 AND mANFENANCE 425(5-5 44 DATE'. 2014 AS RECORDED ABER AzcoArANc No 8( 05(4 O NG Nconr wAsm:Nzml ) SOM4 OUTAC AND (151 E4 T0.4 (42445 14 AGREENENT WE 201 AS AFDROE0 UNDER PEGORN NO T RECORDS OF KING COJNTY. WASHINGTON. (N) WATERLINE EASEMENT AGREE4(4T zATrz 2014 45 RECORDED UNDER RECORONG NO 5ECD5 Go' ONG COuNTY, WASHINGTON, (41 5544 *542 SEWER 04* *4 AGREE-AA EAFTm. 2014 AS RECORDED 1AN345 RECORON5 NO_ RECORDS or KING COUNOF, wASHNGTON_ PUBLIC, SMRm DRAINAGE EASEmENT AGREEMENT DATED r%4 As RECOROM FINDER RECOPEONG NO REEORDF 3 KRIG CMT.TY, AST0NENON., AND (W.) AGMS AND SHARED PARKING EASEMENT AGREEMENT DATED 2,114 5 FOORDE0 UNFF.ER RECO4344 . RECORDS OF OM COUNM 4445 4.0104. PARCa THAT 40511014 OF SOUNFEAST QUARTER OF THE SOUTHWEST OLLARTER OF SECTION 15. TOWNSHIP 23 NORTH, RANCE 4 F_AST, 4ILLAMT1E MERMAN, MORE RAACULARLO DESCR.DED AS FOLLOWS, coNNE,No.NG AT 741E SOUTHWT CORNER OF SAJD SONTHWEST OLNAMIER. THENCE NORTH 5r35-31- 4E51, 556 32 sEET ALONG TA SOUTH LA CC ski() scA4-14-444s2 oLtARTEP, THENCE AI RIGHT ANGLES, NORTH 05424'29 EAST. 44 n rut M THE NORTH MADMIN OF SOUTH 144141 STREET AS cotiAt-Am 10 T5E coy of- TUKWILA EN KING COUNTY RECORD-MO NO THENCE NORTH 20'05551 EAST, 15554; THENCE NORTH 19'2724 EASE 3 7O rEV TO A ROOD ON A NON-TANGENm CuRVE, TsE RAMS OF wHicH BEARs NoRTH 03.55-12' wEso 45544( 410544(4515 ALONG THE ARC OF A CURVE COKAVE TO THE tioRnoftsr, HAVING A RAM OF 402((1 THROLFSH A CENTRAL ANGLE OF 37111 7-, AND AN ARC LENGTH OF 25-5* FEET TO A FONT or PEDRSE. CHRVATuRE THENCE EASTERLY ALONG THE MG OF A CL.TME TO THE RIGHT. HAWNG A RAMS C4` BAND FEET, T144045 51H A CENTRAL ANCNF Or 49`31*351 AND AN ARC LENCTm 55.32 FEET BENG THE TRUE FONT or str.-,Nroz: THENCE NORTH 05125007 (AEGL 105 72 FEET TO A POINT OF TANGENCY. THENCE NORTHERLY ALONG THE ARC OF .- CNCETT TO THE LEF-T. 14A4N0 A RAMS OF 250 CD FEU, -540 41 A CENTRAL ANGLE OF 0E57 36, AND 414 ARC LE1*3114 OF 24 30 FEET. THENCE NORTH 01'2724 EAST. 31 97 FELT TO THE NORTH LETS OF TNE PLAT OF D.F.ERRY UNE R-EGORDED 40 9! 45. AT PAGE 71, THENCE SDJTH 673531 EAST, 194 14 FECT AWNG SAO NOAH NNE 70 DIE NORTHEAST CORNER 4 SAO PLAT, THENCE SMITH 527.74` WEST, 27550 FEET ALONG THE [Aso LINE 04 sND FLAT 10 sko NoRTH NARGIN, THENCE NORTH 5735341 *551. 15215 FEET A10410 SAJO NORTH MARGIN THENCE NORTH 011'7337 EAST, '55 53 FEET 10 A PENT ON A NUNATANGSNT FURFE, THE RAMS or ww.c.11 SEARS NORTH 49132357 WEST: THENCE NORTHWEStENLT ALONG ONE ARC or A EGMT CONCAOt TO THE 50.„4H4(ST: HALMOC A P_QIUS OF 54 00 FM'. THROUCAS A CENTRAL A,NC4E or 83-02'247, MO AN ARE LENGTH CW 92.75 FEET 3141 1* 0414 oF 14 -4-4140 SURFECT TO (.) ACCESS EASEMENT ANO LANNIENNNCE AC-RETEMENT DATED 'NIA AG PE-CDROM UNDER RECORDING NO. RFE05O1 OF mw.c couNNF wAsHNGToN (41) 014442 EASEMENT AND MMNTENANCE AGREEMENT NEM - 2014 AS WORDED WADER R(CORDNG AGRE NO RECoRDS OF 44' OuNTF, WASHIGON (5.) 42 45 zzoALE AD DEENA ESMENT EMNT AFD 34 AS RECORDED OMR RECORDING NO REROROS 4. AND COUNTY, WASHINGTON: (N) WATERLINE EASEMENT ACREFINFNT EN'ED _ - 2014 AS RECORDED LINDER REC_ORDNO NO RECOMS OF HNC caiNly, wASHINOTON: (i) SANITARY 5(4(5 CASEMENT AGREEMENT DATEm 2014 AS PEEDOMD U.NDER REGORDNG No, ncons oF 444A= COUNTY. WAGLAFTC,Oft (411 FT:CMG PM SHARED 4441 44 EASEMENT AGREEMENT ONTED 2014 AS RECMDED UNDER oEcooDING NO. Gs RECORDS OF KlNG GOLINTS 454444404044 J IVOL. PO. RAF PARC. EL 0 THAT PORTION OF 5241114CA5T OUARMAR OF THE SOUTHWEST °BARTER OF SECTAON 15, TOwNSHiP 23 NORTH. RANGE 4 EAST, WO:NANETTE keEPOAN. MORE PARTICULARLY DESERDED AS FOLLOWS: COMMENCING AT THE SOUTHET CORNER OF SAO SCAJTHAST QUARTER THENCE NORTH 873531F WEST, 55832 FEET ALOND THE SOUTH UNE OF SND SOUTHWEST QAJMOTER, THENCE AT RENT .ANGLES, NORTH 0724'o5 - zAsA 44 25 FEET 20 THE H2ORTH LA-Rs*- or soulm 144TH STREET AS C04 '-'0 M THE CITy or Dig-DILA GTY A.155 COUNTY RECORDING NO __ AN0 THE TRNE PONT OF BEG...DANE THENCE _NORTH 24*05551 EAST, 15554 THENCE NORTH 4227'24' -EAST, 33.75 nu lo A ROW ON A '4= 1,1(44 CuPNE THE RAous 0 44(41 SCARS NORTH 03'55°17 4E51 THENEE NoR14f,A34RLy ALONG THE ARC OF A CuRVE coNzoz io THE NORTHASI, HANNG A RAFFFS OF 40 00 FEET. --1-,H1O4.GH A CENTRAL A412=1 Ce 3744172= A,N ARC LENGTH OF 255* FEET TO A PEANT OF RENERSE CURFATURF. THENCE SOUTHEASTERLY ALONG THE ARC OF A CUM: TO THE 51541. MAK A RADIUS OF *400 FEET. THROUGH 4 C EN ANGLE OF 23733597. AND 451 ARC LENGTH OF 148 08 FEET, THENCE SOUTH 01127'337 WEST, 155 53 FEL7 TO 5540 NORTH mouRCIN, THENCE NORTH 575531' wEST. 31 40 FEET AECNG SAND NORTH NADDN, THENCE NORM 072755- EAST, 2 40 FEET AWN°, SAD- NORM UTARGRL THENCE NORTH 84'4909' WE -ST, 141 70 FEET MOOG SAO NOAH :HAREM: THENCE NORTH 8735'35- WEST, 18..7 FEU TO ALONG SAID NORTH 54454454 THE TRUE POINT OF EGINNING, SUBJECT TO D. ACCESS EASEMENT AND MAINTENANCE AGREEMENT DATE' 7014 AS RECORDED UNGER RECORDING NO RECORDS Cs. RING COUNTY. WASHINCTDN: (1) imun EASEMENT AND MARDENANCE AFOREEANT DATED . 2014 A(ES RORDED N DE REVCORDN NO T zzonn . 200F 1 71 4 CO UN , **514141C 0-4 DOO O DPANA _M_ 34 -41354 EA5 E54EF14O 1 AGREEMENT (451(0 AS RCORDD 10 ECOREN Na RECORDS or rmcouNr wAsmmcoN W HAERENE CASEMNT AZREEMAF (44 (4 _ _ ___ _4 AS RECORDED NDER RECRDN NO ____ RECRDS O NA OUNTF 5424 '-01(4 F1 &WAR SEWER ASMN AGREEEN DATED 20 REORDED TDER RECORDING N RFORDS : Ce WING (0 ..1=1 WASHINGTON, C.4) ACCE.SS AND SHARED PARKING EASEMENT AGREEMENT FATED- ____ 2314 As RECORDED UNDER RECOPDNG No ' RF,OKAS OF KO.0 C054301 . WASNNGTON MGM GI THAT PORTION 047 SOUTHEAST °VAR:TER 05 THE 1)00TH4E5T QUARTER 04 'ACTON 15, TOASHIP 23 WARM RATTLE 4 LAST. WALLANSTIE TAEMETAN, WAY: PAPTUOLARLY DESEDIBED AS FOLLOWS: CONNENCRAG AT THE SOUTHEAST CORNER OF 5A10 souTHwEsz QUARTER THENCE NORTH 5735341 4(11: 556 32 rEFT ALONG TA 500214 LINE or 5A10 sourNwEsi 0A42m. THEAcE NEAT Auza.s. 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PLAT OF ADAMS HERA TRNDTS RECORDED N 5011114E 11, 410 FAZE 31 RECOPCS OF AMC COUNTY, WASINATOE BENG IN DOF NORTHEAST QUARTER Dr THE NORTHWEST QUARTER or stcnou 15. TOWNSHIP 21 NORTH. RANGE A EAST. LWELANE7E TAERICNAN, AIORE RARTIMLARLY DESCRIBED AS RUMS, DEDINTFL.S AT THE iNTERSECTION OF TA WAFT... MARGIN OF SOuTH 1441 H 515E01 AS 001.354(0 10 THE arr or rorw.LA 142 41151(4 REEORFINC NO ANF. THE EAST ENE or sAo LOT 15. THENCE 5.0oT4. 0 NDE33 WEST. 7.50,19 FEV AEONG 51.0 EAST DNE TO A .40.N1 ON A LINE 4* 42, WITH AND 1150 FEV NORTH OF TSE LINE OF WO LOT 15, THENCE NORTH 873954- 4551. 97 12 FEU; TmENCE SOuTH 01`06 50- WEST, 11.50 TILT M TmE SCUM UNE OF .4:0 10 THENCE NORTH 8739'547 AST, 97 33 FEET 55045 SNO 50*1144 UNE AND FEES SOUTH UNE OF &LTD FLO 14 TO 4 PONT ON A Lo.E PM/AUL WITH AND 6000 EEC EAST OF THE WEST LANE or 5510 LOT THENCE NORTH 01'0707- EAST, 125 03 FEET ALONG SAM RARALLa UNE TO A POINT ON A UNE PARQL:a wITH AND 125 00 FEET NORTH OE THE 5545-04 UTH7NG0EF. NS4'05°m L01. T871349:se wEsT. 198 12 rEs 4,05c 5.0 45Am:di. uNE To THE EATT &A11 .:54 or FLIOTTSA 515 -0551 BOUtE4A-44 . THENCE NORTH 20-0652- EAsi ;90 87 rEET To THAT PORTION (3445 (3 TO THE STATE OF WASHINGTON BY DEED 05(3(0 oNDER 1. C V-KTY RECORONG No. 9603760430: TmENCE SOUTH 6953051 EASE. 5055 4501 AEONS 54.0 EAST MARGIN. THENCE NORTN 7u0632= zAsz 25 00 FEET 0404-0 SAID (AZT 14NRc4 i. THENCE FADR141 591555.07 EAST. 2 71 FEET ALONG SAO EAST ENRGN TO SND SOUTH LAFRGN OF SOUTH 144TH STREET AS CONN:NYCO TO THE EFT4 OF T4014E4 NY XING PECONOINC ------- THENCE SOWN 573535- CAST, 1n_55 540145- 5510 soun TAA54C-44 144415A: zoom 0724'75 WEST. 5 39 017 ALTTCT SNO SOLON MARGIN, THENCE SOUTH 88`52`26- EAST, 164 98 FEET TO DIE TRUE PO.N1 or BEGINNING SUBJECT TO (1) ACCESS 'EASEMENT AND 144414102*110E AGREEMENT CATED 5014 AS RECORDED uNKR PEcopomis No PrcoPOs oF 41140 4100140* . WASHNOMN, (44) ACCESS AND SHARED RAFTTTING EASEMENT AGRESTLENT oft.izo .2oTA As REcAnDED •tiocA 5(c3R05-.40 No_ RECORDS or Ar45 COUNTY, RANA:TON, 1132IS 7290 AVENUE SO' KENT, WA 98032 (425)251 -6222 (425)251-5702 FAX cm. Tww:Twwc., um/ ruANNG„ sLowypec. owomATHIA4 40■4 °Qom a,. 5141 ..Atz n5:4-13 DINIE 41J4 CHEEK Os NO 16256 PTN OF THE SE1/4, OF THE SW1/4 OF SEC. 15, AND PTN OF THE NE1/4 OF THE NW1/4 OF SEC. 22, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. CITY OF TUKWILA, KING COUNTY, WASHINGTON fiToro: /(,/ 01,1 s \ 15255BLAU SHEET 7 OF 40 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma 'r'r review Council re iew 01/26/15 RB MC [2] Resolution Mtg Date 02/02/15 02/02/15 0 Bid Award Mtg Date E Public Hearing Mtg Date [1:1 Other Mtg Date CATEGORY ■ Discussion Mtg Date SPONSOR 0 Council Mayor E HR El DCD E Finance Fire • IT Lil P&R • Police PW SPONSOR'S Review and approve 2015 City of Tukwila Legislative agenda by Resolution. SUMMARY REVIEWED BY 0 COW Mtg. E Utilities Cmte DATE: 01/21/15 i4 CA&P Cmte II F&S Cmte 0 Transportation Cmte Comm. E Planning Comm. CHAIR: HOUGARDY AND SEAL ITEM INFORMATION ITEM No. 4.C. STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 1/26/15 AGENDA ITEM TITLE 2015 Legislative Agenda 1/26/15 Motion Mtg Date [2] Resolution Mtg Date 02/02/15 1 Ordinance Mtg Date 0 Bid Award Mtg Date E Public Hearing Mtg Date [1:1 Other Mtg Date CATEGORY ■ Discussion Mtg Date SPONSOR 0 Council Mayor E HR El DCD E Finance Fire • IT Lil P&R • Police PW SPONSOR'S Review and approve 2015 City of Tukwila Legislative agenda by Resolution. SUMMARY REVIEWED BY 0 COW Mtg. E Utilities Cmte DATE: 01/21/15 i4 CA&P Cmte II F&S Cmte 0 Transportation Cmte Comm. E Planning Comm. CHAIR: HOUGARDY AND SEAL Arts Comm. El Parks & 01/26/15 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Government Relations Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDcruRE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/26/15 MTG. DATE ATTACHMENTS 1/26/15 Informational Memorandum dated 1/13/15 Resolution in Draft Form Attachment A - Legsilative Agenda Minutes from the Finance and Safety Committee meeting of 01/21/15 2/2/15 A4 42 4,st 0 •••1 9o5 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Community Affairs and Parks Committee FROM: Rachel Bianchi, Communications and Government Relations Manager DATE: January 13, 2015 SUBJECT: 2015 Legislative Agenda ISSUE The City of Tukwila develops an annual legislative agenda for use in Olympia during the legislative session. BACKGROUND The City's Legislative Agenda provides direction to staff and consensus among the elected officials as to what policy positions are taken on behalf of the City of Tukwila during the legislative session. RECOMMENDATION The Council is being asked to approve the resolution and consider this item at the January 26, 2015 Committee of the Whole meeting and subsequent February 2, 2015 Regular Meeting. ATTACHMENTS Resolution in draft form Attachment A — Legislative Agenda 43 44 R FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE DURING THE 2015 WASHINGTON STATE LEGISLATIVE SESSION. WHEREAS, the City Council has agreed to pursue certain legislative issues for 2015; and WHEREAS, the City Council recognizes this agenda is not all encompassing, in that certain additional items may arise during the legislative session that require support or opposition; and WHEREAS, a legislative agenda outlines the priority issues that elected officials may discuss when speaking to members of the Washington State Legislature; and WHEREAS, the City Council agreed to these priorities at the Regular City Council Meeting on February 2, 2015; NOW, THEREFORE, THE *CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council has identified priorities for the 2015 Washington State Legislative Session that are integral to serving the Tukwila community in the manner in which the residents and businesses have come to expect. The City of Tukwila 2015 Legislative Agenda is hereby incorporated by reference as Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney Attachment A: City of Tukwila 2015 Legislative Agenda W: \Word Processing \Resolutions \Legislative Agenda for 2015 1 -13 -15 RB:bjs Page 1 of 1 45 Attachment A City of Tukwila 2015 Legislative Agenda Transportation and Infrastructure • Funding from key programs such as the Transportation Improvement Board and Public Works Assistance Account are critical for cities in addressing infrastructure and transportation needs. • Previous raids on the Public Works Assistance Account resulted in a loss of $9.6 million in loans to Tukwila alone, w hich would have funded critical infra- structure in the City. • The State Legislature should fully fund these and other programs, such as the Centennial Clean Water Fund and Model Toxics Control Account, to allow cities to meet growing transportation and infrastructure needs. Shared Revenue • The State must continue its role as a partner with cities. • Part of this partnership is maintaining existing programs such as Streamlined Sales Tax Mitigation Payments, which provide Tukwila over $1.1 million annually. • In addition, the state must restore the local share of liquor taxes to allow jurisdictions to address impacts, such as public safety, of privatized liquor in our cities. Revenue Reform • Allow cities the authority and flexibility to address the fact that growth in the cost of services continues to outstrip revenues. • The state should amend the law that limits annual property tax growth to 1 percent and work with cities to authorize additional funding flexibility and opportunities at the local level. Marijuana • The state must coordinate medical marijuana and Initiative 502. • The legal quagmire between the two allows for significant threats to public safety and direct and damaging impacts in our cities' neighborhoods. • It is time to reconcile the two systems and provide local jurisdictions with a portion of the taxes to address marijuana impacts within cities. Human Services Funding • The City of Tukwila is committed to local funding for human services, and we know that as the city with the lowest median income in King County, many of our residents rely on local, county, state and federal services for basic survival. • While we continue to do our part, we cannot do it alone and will continue to rely heavily on county, state and federal partners to meet the needs of the most vulnerable. • We strongly encourage the state to adequately fund human services programs for the health of the safety net. 46 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes January 21, 2015 — 5:30 p.m.; Hazelnut Conference Room PRESENT Councilmembers: Kathy Hougardy, Chair; Joe Duffie, De'Sean Quinn Staff: Peggy McCarthy, Rachel Bianchi, Laurel Humphrey CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution: Adopting the 2015 Legislative Agenda Staff is seeking Council approval of a resolution that would adopt a legislative agenda for use during the 2015 Washington State Legislative Session. The draft legislative agenda includes items in the categories of Transportation and Infrastructure, Shared Revenue, Revenue Reform, Marijuana, and Human Services Funding. Committee members and staff reviewed the draft and discussed the addition of language expressing support for Sound Transit in its effort to obtain local funding authority for a Sound Transit 3 ballot measure in 2016. The Committee was unanimous in its support for this additional language pertaining to Sound Transit 3. UNANIMOUS APPROVAL. FORWARD TO JANUARY 26, 2015 COMMITTEE OF THE WHOLE. B. Review of the Draft 2015 Finance and Safety Committee Work Plan Committee members and staff reviewed a preliminary work plan for the Committee in 2015. The work plan is meant to capture items known to date as well as emergent needs, will be updated accordingly, and will be periodically reviewed in Committee. Councilmember Quinn proposed that when the Committee reviews financial policies relating to fees it also consider conditions under which fees can be waived. With regard to the standard quarterly revenue report, the Committee expressed support for an expanded version including more details regarding various revenue sources. INFORMATION ONLY. III. MISCELLANEOUS Committee Chair Hougardy commented that she would like the Committee to consider items pertaining to community livability, which is a broad theme including subjects such as code enforcement, streets, sidewalks, and public health. Committee members were in agreement with the importance of the topic and discussed with staff the process for determining committee work under this scope. The full Council has opportunity to discuss this at the forthcoming retreat as well as at two upcoming February meetings which will help in determining which committees may be responsible for which action items. The Committee also discussed a preliminary interest in considering a policy regarding notice of rent increases to tenants. Meeting adjourned at 6:27 p.m. Next meeting: Tuesday, February 3, 2015 — 5:30 p.m. — Hazelnut Conference Room Committee Chair Approval Minutes by LH 47 48 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma ore review Council review 01/26/15 MM 01/26/15 [i] Motion Mtg Date E Ordinance Mtg Date Bid Award Mtg Date a Other CATEGORY IA Discussion • Resolution • Public Hearing Mt s Date Mtg Date Mtg Date ITEM INFORMATION ITEM No. 4.D. 49 STAFF SPONSOR: JACK PACE ORIGINAL AGENDA DATE: 1/2612015 AGENDA ITEM TITLE Code Enforcement LEAN Presentation 01/26/15 [i] Motion Mtg Date E Ordinance Mtg Date Bid Award Mtg Date a Other CATEGORY IA Discussion • Resolution • Public Hearing Mt s Date Mtg Date Mtg Date Mtg Date SPONSOR El Council Mayor E HR Ei IT EjPe7R LI Pollee RIF DCD • .Finance Fire SPONSOR'S SUMMARY Code Enforcement ensuring processes within Code is a critical component to improving neighborhood quality of life and a safe and healthy community. An in-depth review of the teams current via LEAN was a great opportunity to improve effectiveness and efficiencies Enforcement. REVIEWED BY Z CA&P Cmte E F&S Cmte E Transportation Cmte Cmte Z Arts Comm. E Parks Comm. Planning Comm. COMMITTEE CHAIR: $ COW Mtg. • Utilities DATE: RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/26/15 MTG. DATE ATTACHMENTS 1/26/15 Informational Memorandum dated 1/21/15 49 50 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Jack Pace, Community Development Director BY: Kathy Stetson, Code Enforcement Officer DATE: January 21, 2015 SUBJECT: Code Enforcement LEAN ISSUE Code Enforcement participated in an in-depth LEAN analysis of our work processes. BACKGROUND LEAN is both a process and a "way of life." The first steps involve understanding how we currently perform our tasks. The analysis phase looks for inefficiencies and devises alternative ways of accomplishing the task in less time without sacrificing quality. The implementation phase allows us to test drive our new processes with an eye to continuous improvement and fine-tuning. Code Enforcement is a key player in the Mayor and Council's efforts toward improving our residential neighborhoods. We need to be sure we are working efficiently to serve the community and accomplish this task at the highest level. DISCUSSION Our presentation to the City Council will review what we have learned and the methods to improve processes in all aspects of Code Enforcement. FINANCIAL IMPACT, None. RECOMMENDATION Information Only. ATTACHMENTS None. 51 52 COUNCIL AGENDA SYNOPSIS Initials • ITEMNO. 4 . E . 4t � Meeting Date Prepared by Mayor's review Council review 01/26/15 LH ITEM INFORMATION STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 1/26/15 AGENDA ITEM TITLE Discussion on Sound Cities Association (SCA) Public Issues Committee (PIC) Items CATEGORY A Discussion Mtg Date 01/26/15 ❑ Motion Mtg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR 1 Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PWV SPONSOR'S Council President Kruller is seeking discussion and consensus on the following issues SUMMARY which will be potentially acted upon at a future SCA PIC meeting: 1) Support for flexibility in investment of hotel /motel taxes for affordable housing 2) Sub - regional transportation funding draft principles 3)Property tax cap update. For details, refer to January 14 packet, items 9, 10, and 11: Ittp: / /recor s.tuk ills a. ov/ ebLink /1/ oc /25 5 2/ Ilectronic.asipx REVIEWED BY /1 COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Council President COMMIT EE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments. MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 1/26/15 None 53 54 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma or's review Council review 1/26/15 BG ITEM INFORMATION ITEM NO. SpecialMtg 2.B. 55 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 1/26/15 AGENDA ITEM TITLE 2014 Annual Sewer Repair Program -Sewer Lift Station No. 4 Supplemental Agreement No. 1 with Systems Interface CATEGORY 0 Discussion Mtg Date E Motion Mtg Date 1/26/1kg E1Resolution Date Ordinance Mtg Date El Bid Award Mtg Date D Public Hearing Mtg Date Lil Other Mtg Date SPONSOR • Council • Mayor LI HR 111 DCD 1111 Finance LI Fire LI IT LJ P&R LI Police I PIP- SPONSOR'S Systems Interface is the consultant for the design of the electrical updates to Sewer Lift SUMMARY Station No. 4 as part of the 2014 Annual Sewer Repair Program. As a result of unforeseen Puget Sound Energy design requirements, Supplemental Agreement No. 1 is needed. Budget from the 2015 Annual Sewer Repair Program will be used. Council is being asked to approve System Interface's Supplement No 1 to Contract No. 14-090 for $9,310.00. REVIEWED BY III COW Mtg. 0 CA&P Cmte fl F&S Cmte 111 Transportation Cmte Cmte Eil Arts Comm. Parks Comm. ID Planning Comm. COMMITTEE CHAIR: KATE KRULLER I Utilities DATE: 12/01/14 RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Public Works Department Approval; Forward to Regular Consent Agenda 'TEE Unanimous COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $9,310.00 $0.00 ./._ $0.00 Fund Source: 402 SEWER FUND (PAGE 70, 2015 CIP) Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/26/15 MTG. DATE ATTACHMENTS 1/26/15 Informational Memorandum dated 11/26/14 Supplemental Agreement No. 1 to Contract No. 14-090 2015 CIP, page 70 Minutes from the Utilities Committee meeting of 12/01/14 55 56 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Utilities Committee FROM: Bob Giberson, Public Works Director BY: Mike Cusick, PE, Senior Program Manager DATE: November 26, 2014 SUBJECT: 2014 Annual Sewer Repair Program /Sewer Lift Station #4 Project No. 91440201 Contract No. 14-090 Supplement Agreement No.1 ISSUE Approve Supplement No.1 with Systems Interface, Inc. for extra work incurred related to design changes from Puget Sound Energy (PSE). BACKGROUND The design of electrical upgrades to Sewer Lift Station No. 4 began in January 2014. During an inspection of the sewer lift station, it was determined that the existing motor control panel was also in need of replacement. Additional coordination and work was required by Systems Interface Inc. to address the PSE changes. FISCAL IMPACT The original design contract expired on May 31, 2014 and Contract No. 14-090 was then processed to proceed with the design. This supplement No. 1 to Contract No. 14-090 for the unforeseen PSE design requirements will be funded by the 2015 Annual Sewer Repair Program. Contracts Budget Original Contract (#14-002) $ 18,907.00 2014 Annual Sewer $ 75,000.00 Supplement No. 1 18,500.00 2015 Annual Sewer 75,000.00 Second Contract (#14-090) 7,043.00 Supplement No. 1 9,310.00 Total $ 42,303.00 Total $150.000.00 RECOMMENDATION Council is being asked to approve Supplemental Agreement No. 1 with Systems Interface Inc. for $9,310.00 for additional design services for Sewer Lift Station No. 4 and consider this item on the Consent Agenda at the January 20, 2015 Regular Meeting. Attachments: Supplemental Agreement No. 1 Page 70, 2015 CIP W:\PW Eng PROJECTSA- SW ProjectsI2014 Annual Sewer Repair (91440201)1Sewer Lift Station No. 4 (91440201)\SUPP 1 Info Memo Consultant Agreement SYSTEMS INTERFACE 11714.doc 57 58 SUPPLEMENTAL AGREEMENT NUMBER 1 to CONSULTANT AGREEMENT NUMBER 14-090 THIS SUPPLEMENTAL AGREEMENT is entered into between the City of Tukwila, Washington, herein-after referred to as "the City", and Systems Interface, Inc hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. The City desires to supplement the agreement entered into with the Consultant and executed on, July 2, 2014 and identified as Agreement No. 14-090. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Scope of Services, provide extra engineering services to address changes required by PSE during the upgrade approval process for the installation a new motor control center for Lift Station No.4 located 6790 Todd Blvd. See Exhibit A from Systems Interface Inc. dated November 28th, 2014. Payment, shall be amended as follows: Payment for the work provided by the Consultant as part of this supplement shall be made and the total amount of payment to the Consultant for this work shall not exceed $16,353.00 without express written modification of the Agreement signed by the City. Time for Performance, is amended to change the number of calendar days for a completion date of July 31, 2015 with a total of 389 days DATED this day of , 2014. CITY OF TUKWILA CONSULTANT Jim Haggerton, Mayor (W:Projects/04sw08/Supplmental Agreement 1 APS) By: Printed Name: (4)12,09r 9 00W-telt_ Title: \I Le- eiZt-S t 59 Systems Interface 1916 220th Street SE*Suite M102* Bothell, Washington g8$21-74V6 • USA * Tel: 425.4B 1225 Fax 425.4812115 ° Mike Cusic City of Tukwita O9OO8outhcenNerBlvd Suite 100 Seattle, Washington 98188 November 28th, 2014 Re: Scope Changes #2 to existing Lifts Station No.4 Professional Engineering Services, On-Call Electrical Engineering Contract Hi Mike, Thank you for the opportunity to provide additional Engineering services for the City of Tukwila Lift Station No.4 Scope of Work Change Request. Systems Interface proposes to provide provide the City with on-caII electrical engineering services for the scope of work changes now required. These additions to scope include the extra work incurred by design suggestions and changes from PSE during the upgrade approval process. Work was also added in order to coordinate the service application with PSE as well as participating in on-site visits with PSE. Additional Deliverables will include: Coordination with PSE throughout the service upgrade application process, including mutipIe requests for additions to the application Design change requests from PSE Time spent participating in and conducting on-site meetings with the PSE engineer to go over plans and their implementation Below is a suggested budget for Professional Eng services: Task: Electrical Engineering Services De cr"" ion R Rate/hr E Est.Hrs T Total Pno'eot En"inaer(deoign. switchover planning, site visits, etc) 9 98 9 95 $ $9.310 Original Contract 7 7,04� New Contract $ $ 6,353 We propose that we bill on a Time and Material basis with a Not-To-Exceed Professional Services contract. Systems Interface will invoice only for actual time spent on the project and not exceed the maximum ontract value, while guaranteeing to provide all agreed upon scope of work items. We would invoice on a monthly basis with timecard and expense information attached, Dehvery of design documents will be coordinated with the City of Tukwila. Please caII with any questions or concerns. Sincerely, Systems Interface Inc. Marcus J. Lee-Chin, PM Project Manager 60 Page 1 of 1 CITY OF TUKWILA CAPITAL PROJECT SUMMARY 2015 to 2020 PROJECT: Annual Sewer Repair Program Project No. Varies Reduce sewer line infiltration and inflow (I & I) through groundwater intrusion or storm events as a DESCRIPTION: result of damaged deteriorating systems or unopposed connections. Include small repairs and capital maintenance. JUSTIFICATION: Decrease treatment, discharge, and pumping costs. STATUS: Annual program is determined after pipeline TV inspection reports are completed. MAINT. IMPACT: Less maintenance costs through rehabilitation of aging system. COMMENT: Ongoing project, only one year actuals shown in first column. FINANCIAL Through Estimated in $000's 2013 2014 2015 2016 2017 2018 2019 2020 BEYOND TOTAL EXPENSES Design 15 15 Land (R/W) 0 Const. Mgmt. 16 16 Construction 303 200 75 200 200 200 200 200 200 1,778 TOTAL EXPENSES 334 200 75 200 200 200 200 200 200 1,809 FUND SOURCES Awarded Grant 0 Proposed Grant 0 Mitigation Actual 0 Mitigation Expected 0 Utility Revenue 334 200 75 200 200 200 200 200 200 1,809 TOTAL SOURCES 334 200 75 200 200 200 200 200 200 1,809 2015 - 2020 Capital Improvement Program 70 61 62 UTILITIES COMMITTEE Meeting Minutes Monday, December 1, 2014 — 5:15 p.m. — Foster Conference Room City of Tukwila Utilities Committee PRESENT Councilmembers: Kate Kruller, Chair; Allan Ekberg, Kathy Hougardy Staff: David Cline, Bob Giberson, Frank Iriarte, Robin Tischmak, Gail Labanara, Pat Brodin, Mike Cusick and Laurel Humphrey CALL TO ORDER: Committee Chair Kruller called the meeting to order at 5:20 p.m. • PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Supplemental Agreement: 2014 Annual Sewer Repair Program/Sewer Lift Station #4 Staff is seeking Council approval of Supplement No. 1 with Systems Interface Inc. in the amount of *$9,310.00 for additional design services for Sewer Lift Station No. 4. The design of electrical upgrades to Sewer Lift Station No 4 began in January 2014 and an inspection revealed the need to replace the motor control panel. Funding for this project comes from the 2014 and 2015 Annual Sewer Repair Program. UNANIMOUS APPROVAL. FORWARD TO JANUARY 20, 2015 REGULAR CONSENT AGENDA. B. Contract: Revisions to Comprehensive Water Plan Staff is seeking Council approval of a contract with Carollo Engineers in the amount of $15,132.00 for final revisions to the Comprehensive Water Plan. Initial comments from the Department of Health (DOH) were incorporated into the Water Comprehensive Plan adopted by the Council on July 21, 2014 via Resolution 1834. It was then sent back to DOH for final approval, but a different reviewer was assigned who then requested additional changes to the body of the text. The new contract with Carollo Engineers provides funding for work to address the reviewer's comments as well as printing costs. Funds are available from the Water Fund's Ending Fund Balance. The Committee noted the inefficiency of responding to additional DOH changes following Council approval and printing, and staff confirmed that Municipal Water Law requires legislative body approval prior to DOH approval. Council discussion led to the conclusion that it would be good to learn if other jurisdictions encounter difficulties with this sequence of events and if so, it may be worth bringing forward for legislative change. UNANIMOUS APPROVAL. FORWARD TO JANUARY 12, 2015 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee Chair Kruller complimented staff on the Cascade Safe Routes to School trail that was recently paved. She then inquired if weather would impact the new vault installation and the final paving and staff informed Committee that the vault is expected next week and the final phase is weather dependent. Meeting adjourned at 5:48 p.m. Next meeting: TBD Committee Chair Approval Minutes by LH. Reviewed by GL. 63 64 COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by 01/26/15 CO Mayor's review Council review L) ITEM INFORMATION ITEM No. SpecialMtg 3 65 STAIF SPONSOR: CHRISTY O'FLAHERTY ORIGINAL AGINDA DATE: 1/26/15 AGENDA ITEM TITLE A resolution formally establishing the Council Committee Schedule CATEGORY Discussion Mtg Date Motion Mtg Date [Z] Resolution Mtg Date 1/26/15 1] Ordinance Mtg Date • Bid Award Ei] Public Hearing Mtg Date El Other Mtg Date Mtg Date ID Mayor 111 HR Finance II Fire J IT j P&R E] Police 11] PW SPONSOR "I Council • DCD SPONSOR'S It is in the best interest of the City to adopt a Council resolution establishing the meeting SUMMARY dates, times, and locations of the 4 standing Council Committees. A change is required to the start time of the Transporation Committee from 5:30 p.m. to 5:15 p.m., which is reflected in the attached resolution. The Council requested this change at the 1/20/15 Council meeting. REVIEWED BY Ej COW Mtg. El CA&P Cmte E F&S Cmte 0 Transportation Cmte Utilities Cmte 1:::j Arts Comm. 0 Parks Comm. 0 Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SpoNsoR/ADmIN, CommumE City Clerk COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 1/26/15 Resolution in final form 65 66 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE MEETING SCHEDULE FOR CITY COUNCIL COMMITTEES, AND REPEALING RESOLUTION NO. 1853. WHEREAS, RCW 42.30.030 states that all meetings of the governing body of a public agency shall be open and public; and WHEREAS, all persons shall be permitted to attend any meeting of the governing body of a public agency; and WHEREAS, it is in the best interest of the City to inform all citizens of all City Council Committee meeting days, times and locations; and WHEREAS, a change is required to the starting time for the Transportation Committee meetings; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Pursuant to City of Tukwila Ordinance No. 2024 and Tukwila Municipal Code Section 2.04.180, there are four standing committees of the Council, consisting of three members each. A quorum of the Tukwila City Council (four members) will not be present at any Council Committee meetings. The Council President shall appoint the membership of each committee and the Committee Chair by the second Regular Meeting of each year. The Chair for each committee shall set the schedule of meetings and cause them to be published. All meetings are open to the public. Section 2. The Council Committee meeting schedule and locations are as follows: 1. Community Affairs and Parks Committee meetings shall be held on the second and fourth Monday of every month at Tukwila City Hall (in the conference room), 6200 Southcenter Boulevard, Tukwila, Washington, commencing at 5:30 p.m. W: \Word Processing \Resolutions \Council Committee Meeting Schedule — Transp Cmte chg 1 -21 -15 LH:bjs Page 1 of 2 67 2. Finance and Safety Committee meetings shall be held on the first and third Tuesday of every month at Tukwila City Hall (in the conference room), 6200 Southcenter Boulevard, Tukwila, Washington, commencing at 5:30 p.m. 3. Utilities Committee meetings shall be held on the second and fourth Tuesday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:30 p.m. 4. Transportation Committee meetings shall be held on the first and third Monday of every month at the City of Tukwila Public Works Department, 6300 Southcenter Boulevard, Tukwila, Washington, Suite 100, commencing at 5:1538 p.m. Section 3. Committee meetings falling on a Monday holiday will be held on Tuesday, with the regularly scheduled Tuesday meeting moving to Wednesday. In the event there is a Tuesday holiday, the Committee meeting will move to Wednesday. Section 4. In the event there is a fifth Monday in a month, there will be no Council Committee meetings during that week. Section 5. Repealer. Resolution No. 1853 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of , 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W: \Word Processing \Resolutions \Council Committee Meeting Schedule — Transp Cmte chg 1 -21 -15 LH:bjs 68 Page 2 of 2 Upcoming Meetings & Events January/February 2015 26th (Monday) 27th (Tuesday) 28th (Wednesday) 29th (Thursday) 30th (Friday) 31st (Saturday) > Community Affairs & Parks Cmte, 5:30 PM (Hazelnut Conference Room) > City Council Committee of the Whole Mtg., 7:00 PM (Council Chambers) C.O.W. to be immediately followed by a Special Mtg. > Utilities Cmte, 5:30 PM (Foster Conference Room) Tukwila Int'l. Blvd. Action Cmte's Trash Pickup Day 9:00 — 10:00 AM °sit For location or information contact Sharon Mann 206- 200 -3616 2nd (Monday) 3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday) 7th (Saturday) ➢ Civil Service Commission, 5:00 PM (Hazelnut Conference Room) > Transportation Cmte, 5:30 PM (Foster Conference Room) > City Council Regular Mtg., 7:00 PM (Council Chambers) > Arts n, Cancelled ➢ Finance & Safety Cmte, 5:30 PM (Hazelnut Conference Room) > Library Advisory Board, 7:00 PM (Community Center) > Equity & Diversity Commission, 5:15 PM (Hazelnut Conference Room) > Human Services Advisory Board, 10:00 AM (Human Services Office) Volunteer Opportunity: Habitat for Humanity Store Work Party 10:00 AM — 2:00 PM Advanced Registration is required. CalI 206-768-2822 ➢Arts Commission: 1st Tues., 5:00 PM, Tukwila Community Center. Contact Stephanie Gardner at 206 - 767 -2342. > City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ➢ City Council Regular Meeting: 1st & 3rd Mon., 7:00 PM, Council Chambers at City Hall. > Civil Service Commission: 1st Mon., 5:00 PM, Hazelnut Conf. Room. Contact Kim Gilman at 206 - 431 -2187. ➢ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conf. Room. (A) Contracts (6) for Human Services providers. (B) A resolution adopting the 2015 Legislative Agenda. (C) A resolution relating to the Chinook Wind project site acquisition. (D) Review of the 2015 Community Affairs and Parks Committee Work Plan. D COPCAB (Community Oriented Policing Citizens Adv. Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206 - 431 -2197. > Equity & Diversity Commission: 1st Thurs., 5:15 PM, Hazelnut Conf. Room. Contact Joyce Trantina at 206 - 433 -1868. ➢ Finance & Safety Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conf. Room. »Human Services Advisory Brd: Human Services Office. Contact Evie Boykan at 206- 433 -7180. ➢ Library Advisory Board: 1st Tues., 7:00 PM, Community Center. Contact Stephanie Gardner at 206 - 767 -2342. > Park Commission: 3rd Wed., 5:30 PM, Community Center. Contact Dave Johnson at 206 - 767 -2308. > Planning Commission/Board of Architectural Review: 4° Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206 - 431 -3670. ➢Transportation Committee: 1st & 3rd Mon., 5:30 PM, Foster Conf. Room. ➢ Tukwila Historical Society: 3rd Thurs., 7:00 PM , Tukwila Heritage & Cultural Center, 14475 59'" Avenue S. Contact Joan Hernandez at 206 - 248 -0260. Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Villa at 206 - 433 -1815. ➢ Utilities Committee: 2nd & 4th Tues., 5:30 PM, Foster Conf. Room. (A) King County Waste Reduction /Recycling Grant Interagency Agreement. (B) Brisco /Desimone Levee — Army Corps of Engineers' PL 84 -99 Rehabilitation. (C) Surface Water Inserts and Draft Work Plan). 69 Tentative Agenda Schedule January 5 12 20 (Tuesday) 26 See agenda packet cover sheet for this week's agenda (January 26, 2015 Committee of the Whole Meeting). February 2 Special Presentation - Highline College: Small Business Development in Tukwila. -Alive and Free Program. Unfinished Business: -An agreement relating to the sale of Tukwila Village Library Parcel. -A resolution relating to 2015 Legislative Priorities. 9 Special Presentation - 2014 Business Recycler of the Year. Public Hearings - An ordinance relating to right -of- way acquisition for the TUC Pedestrian/ Bicycle Bridge Project. Special Issues - An ordinance relating to right -of - way acquisition for the TUC Pedestrian /Bicycle Bridge Project. - Committee and City Work Plans. 17 (Tuesday) Unfinished Business: -An ordinance relating to right -of- way acquisition for the TUC Pedestrian /Bicycle Bridge Project. 23 70