HomeMy WebLinkAboutSEPA E03-009 - DEES BRUCE - STARFIRE SPORTSSTARFIRE
Fort Dent Park
E03 -009
(L03012)
TO:
•
Cizy of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
June 5, 2003
NOTICE OF DECISION
Bruce Dees, Applicant
King County Assessor, Accounting Division
Washington State Department of Ecology
Agencies with Jurisdiction
All Parties of Record
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project
and permit approval.
I. PROJECT INFORMATION
Project File Number: L03 -012
Applicant: Bruce Dees for the Starfire Group
Type of Permit Applied for: Shoreline Substantial Development Permit
Project Description: : Construction of one new soccer field, improvement of four other soccer
fields, construction of pump station and 6 -8 -inch force main and installation of athletic field
lights within the Low Impact and High Impact environments of the shoreline.
Location: Fort Dent Park
Associated Files: E03 -009
Comprehensive Plan
Designation Low Density Residential with Public Recreation Overlay
Zoning District: Low Density Residential with Public Recreation Overlay
II. DECISION
SEPA Determination: The City SEPA Responsible Official has previously:
determined that this application does not require a SEPA threshold determination because it is
categorically exempt.
determined that the project, as proposed, does not require a threshold determination under SEPA because
it qualifies as a planned action pursuant to WAC 197 -11 -172, that the probable significant adverse
environmental impacts of the project were adequately analyzed in the EIS previously prepared for the
planned action and will implement the conditions and mitigation measures imposed by the planned action
approval.
determined that the project, as proposed, does not create a probable significant environmental impact and
issued a Determination of Non - Significance (DNS), or
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
• •
Notice of Decision
Starfire Shoreline Substantial Development Permit
X determined that the project does not create a probable significant environmental impact if specific
mitigation conditions are imposed on the project and issued a Mitigated Determination of Non - Significance
(MDNS) requiring compliance with those mitigation conditions, or
determined that the project creates a probable significant environmental impact and required preparation
of an Environmental Impact Statement (EIS) on the project.
Decision on Substantive Permit: The City Community Development Director has determined that the
application for a Shoreline Substantial Development Permit does comply with applicable City and state code
requirements and has approved that application based on the findings and conclusions contained in the staff
report.
The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code
§18.104.010. Other land use applications related to this project may still be pending.
III. YOUR APPEAL RIGHTS
One administrative appeal to the Shorelines Hearings Board of the Decision is permitted. Any person
appealing to the Shorelines Hearings Board may raise certain SEPA issues as part of the appeal to the
Shorelines Hearings Board. Appellants should consult the rules and procedures of the Shorelines Hearings
Board for details.
IV. PROCEDURES AND TIME FOR APPEALING
The requirements and procedures for appeals to the Shorelines Hearings Board are set forth in RCW
90.58 and WAC 461.08.
V. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the Shoreline
Substantial Development Permit are available for inspection at the Tukwila Department of Community
Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday
between 8:30 a.m. and 5:00 p.m. The project planner is Carol Lumb, who may be contacted at 206 -431 -3661
for further information.
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further information regarding property tax valuation. changes.
Department of Community Development
City of Tukwila
c:\mydocs\Starfire\NotDec.doc 2
I.
H.
•
City of MINA
1(./
•
Steven M. Mullet, Mayor
Department of Community Development
FINAL STAFF EVALUATION
FOR
Starfire Sports Complex at Tukwila
Case File # E03 -009
SUMMARY OF PROPOSED ACTION
Steve Lancaster, Director
The proposal includes development and improvement of former Fort Dent Park for
athletic field and supporting facilities. Includes: construction of a 74,500+/- athletic
building with two indoor soccer fields, restrooms, locker rooms, offices, pro -shop,
training facilities food concessions and other support functions; construction of a
restroom/ concession/ maintenance building; construction of a cover over an existing •
grandstand; addition of synthetic turf to four existing soccer fields; and development of
three new synthetic soccer fields.
GENERAL INFORMATION
Project Name:
Starfire Sports Complex at Tukwila
Applicant: Starfire Sports
Christopher G. Slatt, President and CEO
Location:
Zoning:
Comprehensive
Plan Designation:
Notice:
The project is located in Fort Dent Park, east of Interurban Avenue and North
of Fort Dent Boulevard (adjacent to the Green River) in Tukwila,
Washington.
SW 1/4 Sec. 13 Twp 23N Rge 4E WM
The current zoning for the subject site is Low Density Residential (LDR) with
a Public Recreation Overlay (PRO).
The current Comprehensive Plan for the subject site is Low Density
Residential (LDR) with a Public Recreation Overlay (PRO).
Notice of Application was issued on March 7, 2003.
The following information was considered as part of review of this application.
1.
2.
3.
SEPA Checklist received May 1, 2003.
Endangered Species Act Screening Checklist received May 1, 2003.
Starfire Sports Soccer Complex plan set prepared by Bruce Dees and Associates received
6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665
• •
February 21, 2003.
4. Traffic and Parking Analysis prepared by Entranco, dated April 29, 2003 and received May
1, 2003.
5. Stormwater Downstream Analysis prepared by Essayons Consulting Engineers, Inc., received
February 21, 2003.
6. Geotechnical Exploration and Engineering Evaluation, prepared by Bergquist Engineering
Services, received February 21, 2003.
7. Agreement Between City of Tukwila and Starfire Sports dated February 28, 2003
8. South Area Park Phase 1A (1974) and 1B (1975) construction plans and as -built drawings
and related letter from Bruce Dees and Associates dated May 19, 2003.
9. May 19, 2003 memo from Cyndy Knighton, Tukwila Public Works Department, to Steve
Lancaster and Deb Ritter, re: Starfire Traffic Implact Analysis.
NOTE: Technical reports and attachments referenced above may not be attached to all copies of
this decision. Copies of exhibits, reports, attachments, or other documents may be reviewed and/or
obtained by contacting the Department of Community Development, 6300 Southcenter Boulevard,
Tukwila, Washington, 98188, Phone: 206 - 431 -3685.
III. REVIEW PROCESS
The proposed action is subject to State Environmental Policy Act (SEPA) review as the
project does not meet the exemptions listed under WAC 197 -11 -800.
IV. BACKGROUND /PROPOSAL
The City of Tukwila recently assumed ownership of Fort Dent Park under an agreement with
the former owner, King County. Tukwila has subsequently entered into an agreement with
Starfire Sports under which Starfire will develop and operate portions of the park as soccer
and softball facilities.
V. REVIEW OF THE ENVIRONMENTAL CHECKLIST
The following lists the elements contained within the Environmental Checklist submitted for
the proposed project. The numbers in the staff evaluation correspond to the numbers in the
Environmental Checklist. If staff concurs with the applicant's response, this is so stated. If
the response to a particular item in the checklist is found to be inadequate or clarification is
needed, there is additional staff comment and evaluation.
2-
A. BACKGROUND:
1 -6 Concur with checklist.
7 A revised Traffic and Parking Analysis dated April 29, 2003 was received by the city
on May 1, 2003.
8 Concur with checklist.
9 In addition to the permits and approvals listed by the checklist, the following may be
required:
Flood Control Zone Permit — City of Tukwila
NPDES Permit — Washington Department of Ecology
10 -11 Concur with checklist.
12 Tukwila's Sensitive Areas Map identifies a probable Type 2 wetland of
approximately 1.5 acres on the project site. Further research indicates this is a constructed
surface water detention pond built by King County in 1974 (see South Area Park Phase 1A
(1974) and 1B (1975) construction plans and as -built drawings).
B. ENVIRONMENTAL ELEMENTS:
1. Earth: Concur with checklist.
2. Air: Concur with checklist.
3. Water:
a(1) -- Concur with checklist.
a(2) —Work will also be performed within 200 feet of the above described detention
pond. This work may involve re- contouring the existing ground in order to provide
a more natural transition from the improved soccer fields to the pond, or a retaining
wall located approximately 35 feet from the detention pond.
a(3)- a(6) -- Concur with checklist.
b (1) -b(2) -- Concur with checklist.
3
• •
c (1) Project plans show surface water from new impervious surfaces being
directed to an existing control structure /lift station which regulates flows to the
detention pond and to the Green River.
c(2) -- Concur with checklist.
d -- Concur with checklist.
4. Plants:
a Wet soil plants exist in and surrounding the detention pond. These plants were
introduced during construction of the detention pond in 1974, apparently for both
aesthetic and habitat enhancement purposes.
c. Concur with checklist.
d — Final landscaping plan shall meet all Tukwila Municipal Code landscaping
requirements.
5. Animals:
a -d Concur with checklist.
6. Energy and Natural Resources:
a -c -- Concur with checklist.
7. Environmental Health:
a -b -- Concur with checklist.
8. Land and Shoreline Use:
a -d -- Concur with checklist.
e Public recreation areas including but not limited to sports fields, community
centers and golf courses are permitted uses. Applicant, as a not - for -profit entity, will
continue to operate and maintain the existing and new facilities for public park and
recreation purposes. Fees for use were charged previously by King County Parks and
may continue to be charged. It has been detirmined that such activity does not
constitute "commercial recreation."
f -g Concur with checklist.
4
• •
h - -. The existing surface water detention pond is erroneously identified on the City's
Sensitive Areas Map as a Type 2 wetland. This pond was created in 1974 to serve
surface water detention needs for Fort Dent Park. Tukwila's Sensitive Areas
ordinance excludes "constructed wetlands" from regulation unless they are created
for the purpose of impact mitigation, which is not the case here.
i-1 --Concur with checklist.
9. Housing:
a -c -- Concur with checklist.
10. Aesthetics:
a – Concur with checklist.
b —Views from adjacent areas and from within the park will be altered by the
construction of new buildings and modifications to the existing grandstand.
c —Site and building design is subject to final approval of the Tukwila City Council.
11. Light and Glare:
a -d -- Concur with checklist.
12. Recreation:
a Concur with checklist.
b The proposed athletic building will displace an existing cricket pitch.
c The applicant has entered into an agreement with the Seattle Cricket Club
covering interim use of the facility, and has offered to work with the Club to explore
possibilities for long -term use of the redeveloped facility. (See March 24, 2003 letter
signed by Steven A. Beck, Starfire V.P Operations, and counter signed on March 28,
2003 by Vipul N. Shah, Seattle Cricket Club President.)
13. Historic and Cultural Preservation:
a -c -- Concur with checklist.
5
• •
14. Transportation:
a -d -- Concur with checklist.
e—The site is adjacent to the BNSF Burlington Northern and the Union Pacific railroad
rights -of -way. The project will have no impact on rail operations.
f The April 29 traffic analysis by Entranco estimates normal peak hour traffic
generation of approximately 250 trips, with 376 peak hour trips occuring during
special events a few days a year. There is capacity for even larger events to occur on-
site from time to time. Peak events would occur primarily on weekends.
Due to the unique nature of this facility, there is a lack of historical survey or other
empirical data upon which to base trip generation and parking demand forecasts. The
city's traffic engineer has recommended that a program for monitoring impacts be
developed to ensure adequate mitigation. This monitoring program should cover:
actual trip generation, parking generation and parking demand/useage, park useage,
average vehicle occupancy and "special events."
g The project is subject to the transportation concurrency requirements of the
Tukwila Municipal Code, Chapter 9.48.
15. Public Services:
a -The proposal will require general public safety services (emergency response).
b— Compliance with building and fire codes will be required.
16. Utilities:
a -- Concur with checklist.
b— Any sewer and water service improvements necessary to meet public health and
safety requirements must be completed prior to building occupancy.
V. COMMENTS
In response to the notice of application, written comments were received from Vipul Shah,
President of Seattle Cricket Club (April 8, 2003) and Charles H. W. Benjamin, Field
Coordinator for Seattle Cricket Club (April 9, 2003). Both letters express concern regarding
impacts to the existing cricket pitch.
6
•
VI. CONCLUSION AND PROPOSED MITIGATION
The proposal can be found to not have a probable significant adverse impact on the
environment and an environmental impact statement should be not required if the following
mitigation measures are implemented:
1. A parking management plan shall be developed and implemented. The plan shall
include documentation that adequate parking facilities have been secured and that
appropriate means of travel from parking to the site will be provided. The plan shall
be subject to the approval of the Director of the Department of Community
Development, which approval shall be obtained prior to occupancy of the proposed
athletic building or the renovated grandstand.
2. A traffic and parking impact monitoring program shall be developed and
implemented. The monitoring program shall address:
Trip generation.
Parking generation and parking demand/usage.
Park usage.
Average vehicle occupancy.
"Special events."
The monitoring program shall identify monitoring timeframes and shall include
appropriate commitments for mitigating any identified adverse traffic and parking
impacts not previously mitigated. The monitoring program shall be developed and
shall receive approval of the Director of Public Works prior to occupancy of the
proposed athletic building or the renovated grandstand, and shall thereafter be
implemented. Subsequent mitigation will be consistent with RCW 43.21C.060 and
TMC 21.04.250.
Pursuant to WAC 197 -11 -350, a Mitigated Determination of Nonsignificance (MDNS)
should be issued for this project
This determinatoin is based on impacts identified within the environmental checklist,
attachments, and the above "Final Staff Evaluation for Application No. E03- 009 ", and is
supported by plans, policies, and regulations formally adopted by city of Tukwila for the
exercise of substantive authority under SEPA to approve, condition, or deny proposed
actions. These specific proposed mitigation measures listed above are based upon the
policies cited at TMC 21.04.270, with particular reference to the Transportation element of
the Tukwila Comprehensive Land Use Policy Plan.
Date: May 21, 2003
Prepared by: Steve Lancaster
7
City of Tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT
File Number: L03 -012
Applied: 02/21/2003
Approved: 06/05/2003
Expiration: 06/06/2005
A permit is hereby granted to: BRUCE DEES FOR THE STARFIRE GROUP
to: Remodel of Fort Dent Park by the Starfire Group. Work in the shoreline includes
construction of one new soccer field with synthetic turf, remodel of four existing soccer
fields to install synthetic turf, installation of athletic field lights and construction
of a sewer pump station and 6 -8 -inch force main. This work is part of a larger project
located outside the shoreline including a new indoor soccer facility with 2 fields and
accessory facilities, remodeling of the existing stadium to construct a covered
grandstand, and maintenance of four existing soffball fields.
Upon the following property:
Address: 6800 FORT DENT WY TUKW
Parcel Number: 2954900426
Section/Township /Range: NE 23 -23 -04
The following master program provisions are applicable to this development:
Development under this permit shall comply with the following conditions.
This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the
applicant from compliance with any other Federal, State or local statutes, ordinances or regulations applicable to this
project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW).
This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the permittee fails to comply with the project
as approved and any conditions thereof.
CONSTRUCTION PURSUANT TO THIS PERMIT MAY NOT BEGIN AND IS NOT AUTHORIZED UNTIL TWENTY -ONE (21) DAYS FROM
THE DATE OF FILING WITH THE DEPARTMENT OF ECOLOGY (D.O.E.) AS DEFINED IN RCW 90.58.140(6) AND WAC 173 -14 -090,
OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY -ONE (21) DAYS FROM THE DATE OF SUCH FILING HAVE
TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c).
-LY42. , Zoo 3 ��--
Date: Steve Lancaster, Director of Department of Community Development
Construction or substantial progress toward construction must begin within two (2) years from the effective date of the
permit (the date the permit is filed with D.O.E.), per RCW 90.58.143(4).
doc: Shore1971
L03 -012 Printed: 06 -05 -2003
City of Tukwila
Steven M Mullet, Mayor
Department of Community Development Steve Lancaster, Director
CITY OF TUKWILA
MITIGATED DETERMINATION OF NONSIGNIFICANCE (MDNS) ADDENDUM
Description of original proposal:
The proposal was for development and improvement of former Fort Dent Park for athletic field
and supporting facilities. The entire project includes construction of 74,500 square feet athletic
building with two indoor soccer fields, restrooms, locker rooms, offices, pro -shop, training
facilities, food concessions and other support functions; construction of a cover over an existing
grandstand; construction of a maintenance building; addition of synthetic turf to four existing
soccer fields; and development of three new synthetic soccer fields. Total estimated cut and fill
quantity for the entire project was 11,000 cubic yards of cut and 11,000 cubic yards of fill.
Description of this Addendum:
The original SEPA checklist estimated approximately 11,000 cubic yards of cut and 11,000 cubic yards of
fill for the entire project. The total cut and fill quantities were revised to include approximately 18,542
cubic yards of cut and 17,165 cubic yards of fill. Approximately 1785 cubic yards of this fill is proposed
to be relocated to an approximately 400 feet by 85 feet area east of the ballfields.
Proponent: Starfire Sports
Christopher G. Slatt, President and CEO
Location of Proposal:
The project is located in Fort Dent Park, east of Interurban Avenue and north of
Fort Dent Boulevard in Tukwila, Washington.
SW '/4 Sec.13 Twp 23N Rge 4E
Lead Agency: City of Tukwila
File Number: E03 -009
The City has determined that the addendum does not have a probable significant adverse impact on the
environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(C).
This decision was made after review of a completed environmental checklist and other information on file
with the lead agency. This information is available to the public on request. The original MDNS was
issued May 21, 2003. This addendum is adopted on September 18, 2003.
Steve Lancaster, SEPA Official for the City of Tukwila, Washington.
6300 Southcenter Boulevard Tukwila WA 98188. (206)- 431 -3670
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
City of lukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
MITIGATED DETERMINATION OF NON - SIGNIFICANCE (MDNS)
File Number: E03 -009
Applied: 02/21/2003
Issue Date: 05/21/2003
Status: ISSUED
Proponent: STARFIRE SPORTS
Lead Agency: City of Tukwila
Description of Proposal:
Remodel of Fort Dent Park by the Starfire Group, including a new indoor soccer facility with 2
fields and accessory facilities, remodeling of the existing stadium with a covered grandstand and
artificial turf, construction of six outdoor artificial turf soccer fields, and maintenance of four
existing softball fields.
Location of Proposal:
Address:
Parcel Number:
Section/Township/Range:
6800 FORT DENT WY TUKW
2954900426
The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental
impact statement (EIS) is not required under RCW 43.21c.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is available to the public on request. The
conditions for this SEPA Determination are amended at the end of this document.
This MDNS is issued under WAC 197 -11 -350. The conditions are attached. Comments must be submitted by (9 - y - 03 .
The lead agency will not act on this proposal for 15 days from the date below. For a copy of the appeal procedures, contact the City of
Tukwila Department of Community Development.
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
5- -21 -03
Date
Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of
action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time
period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075)
doc: Miscperm
E03 -009 Printed: 05 -21 -2003
City oftukwila
r
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
File Number: [03 -009
Applied: 02/21/2003
Issue Date: 05/21/2003
Status: ISSUED
SEPA Determination Conditions:
1: A parking management plan shall be developed and implemented. The plan shall include documentation that adequate
parking facilities have been secured and that appropriate means of travel from parking to the site will be provided.
The plan shall be subject to the approval of the Director of the Department of Community Development, which approval
shall be obtained prior to occupancy of the proposed athletic building or the renovated grandstand.
2: A traffic and parking impact monitoring program shall be developed and implemented. The monitoring program shall
address: Trip generation, Parking generation and parking demand /usage, Park usage, Average vehicle occupancy, and
"Special Events." The monitoring program shall identify monitoring timeframes and shall include appropriate commitments
for mitigating any identified adverse traffic and parking impacts not previously mitigated. The monitoring program
shall be developed and shall receive approval of the Director of Public Works prior to occupancy of the proposed
athletic building or the renovated grandstand, and shall thereafter be implemented. Subsequent mitigation will be
consistent with RCW 43.21 C.060 and TMC 21.04.250.
doc: Miscperm
E03 -009 Printed: 05 -21 -2003
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
I, LLSLrri, CORDON HEREBY DECLARE THAT:
Notice of Public Hearing
Determination of Non - Significance
Project Name: S7-/- 11<nRE_
Notice of Public Meeting
,/
Mitigated Determination of Non-
Significance
Mailer's Signature: LC.
Board of Adjustment Agenda Pkt
Person requesting mailing:$
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
__
__
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
Was mailed to each of the addresses listed on this day of J oNE in the
year 20 03
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
Project Name: S7-/- 11<nRE_
Project Number: ED 3 -- ppq
Mailer's Signature: LC.
i
Person requesting mailing:$
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
EDWARDS, SIEH, SMITH & GOODFRIEND, P.S.
ATTORNEYS AT LAW
HOWARD M. GOODFRIEND
EVY McELMEEL
BRENDAN FINUCANE PATRICK
ROBERT G. SIEH
CATHERINE WRIGHT SMITH
CARL T. EDWARDS (Of Counsel)
MALCOLM L. EDWARDS (Retired)
NOTICE OF CHANGE OF ADDRESS
500 WATERMARK TOWER
1109 FIRST AVENUE
SEATTLE, WASHINGTON 98101 -2988
'FACSIMILE 206.624.0809
TELEPHONE 206.624.0974
appeals @seanet.com
Please note that the Law Office of Edwards, Sieh, Smith &
Goodfriend, P.S. has moved. Our new address is:
500 Watermark Tower
1109 First Avenue
Seattle, WA 98101 -2988
Our fax and telephone numbers remain the same.
Please change your records to reflect this - address change for the firm
and the following attorneys:
•
Carl T Edwards
Malcolm L. Edwards
Howard M. Goodfriend
' Evy McElmeel
Brendan Patrick
Robert G. Sieh
Catherine W Smith
•
3 -:
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1. L1SL /. HEREBY DECLARE THAT:
Notice of Public Hearing
Determination of Non - Significance
Project Name: 6779-44q/2._24—
Notice of Public Meeting
3 9
Mitigated Determination of Non-
Significance
G.,( ,
Board of Adjustment Agenda Pkt
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
_
_
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
����)T � R��� �l
A-DpQ es S
Was mailed to each of the addresses listed on this on rll day of Mgr in the
year 20 03
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
Project Name: 6779-44q/2._24—
Project Number:
3 9
Mailer's Signature:
G.,( ,
Person requesting mailing: D
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
Dept. Of Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1, / SL/ E- HEREBY DECLARE THAT:
Notice of Public Hearing
Determination of Non - Significance
Project Name: 'STAQF/LE
Notice of Public Meeting
j
Mitigated Determination of Non-
Significance
Mailer's Signature: L.-.6:7.
Board of Adjustment Agenda Pkt
Person requesting mailing: /%r
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice ofApplication for Shoreline Mgmt
Permit
__
__
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
Was mailed to each of the addresses listed on this ,2/ day of/10r in the
year 20 63
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
Project Name: 'STAQF/LE
Project Number: ,c D2-00Y
Mailer's Signature: L.-.6:7.
i
Person requesting mailing: /%r
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
CHECK: ENVIRONMENTAL REVIEW /SHORELINE PERPAILINGS
FEDERAL AGENCIES
( ) U.S. ARMY CORPS OF ENGINEERS
( ) FEDERAL HIGHWAY ADMINISTRATION
( ) DEPT OF FISH & WILDLIFE
flDNs
adze,
Et) % -OOq
( ) U.S. ENVIRONMENTAL PROTECTION AGENCY
( ) U.S. DEPT OF H.U.D.
( ) NATIONAL MARINE FISHERIES SERVICE
WASHINGTON STATE AGENCIES
( ) OFFICE OF ARCHAEOLOGY
( ) TRANSPORTATION DEPARTMENT
( ) DEPT NATURAL RESOURCES
( ) OFFICE OF THE GOVERNOR
() DEPT OF COMM. TRADE & ECONOMIC DEV.
() DEPT OF FISHERIES & WILDLIFE
) DEPT OF SOCIAL & HEALTH SERV.
DEPT OF ECOLOGY, SHORELAND DIV
' DEPT OF ECOLOGY,. SEPA DIVISION*
OFFICE OF ATTORNEY GENERAL
* SEND CHKLIST W/ DETERMINATIONS
• SEND SITE MAPS WITH DECISION
KING COUNTY AGENCIES
( ) BOUNDARY REVIEW BOARD
( ) FIRE DISTRICT #11
( ) FIRE DISTRICT #2
AK.C. WASTEWATER TREATMENT DIVISION
K.C. DEPT OF PARKS & REC
( ) K.C. ASSESSORS OFFICE
( ) TUKWILA SCHOOL DISTRICT
( ) TUKWILA LIBRARY
() RENTON LIBRARY
( ) KENT LIBRARY
( ) CITY OF SEATTLE LIBRARY
( ) QWEST
( ) SEATTLE CITY LIGHT
()PUGET SOUND ENERGY
()HIGHLINE WATER DISTRICT
( ) SEATTLE WATER DEPARTMENT
( ) AT &T CABLE SERVICES
() KENT PLANNING DEPT
( ) TUKWILA CITY DEPARTMENTS:
( ) PUBLIC WORKS
( ) POLICE
( ) PLANNING
( ) PARKS & REC.
( ) CITY CLERK
SCHOOLS /LIBRARIES
UTILITIES
CITY AGENCIES
( ) FIRE
( ) FINANCE
( ) BUILDING
( ) MAYOR
( ) HEALTH DEPT
( ) PORT OF SEATTLE
( ) K.C. DEV & ENVIR SERVICES -SEPA INFO CNTR
( ) K.C. TRANSIT DIVISION - SEPA OFFICIAL
K.C. LAND & WATER RESOURCES
FOSTER LIBRARY
() K C PUBLIC LIBRARY
( ) HIGHLINE SCHOOL DISTRICT
( ) SEATTLE SCHOOL DISTRICT
( ) RENTON SCHOOL DISTRICT
( ) OLYMPIC PIPELINE
( ) VAL -VUE SEWER DISTRICT
( ) WATER DISTRICT #20
( ) WATER DISTRICT #125
( ) CITY OF RENTON PUBLIC WORKS
( ) BRYN MAWR- LAKERIDGE SEWER/WATER DISTRICT
RENTON PLANNING DEPT
) CITY OF SEA -TAC
( ) CITY OF BURIEN
( ) TUKWILA PLANNING COMMISSION MEMBERS
( ) TUKWILA CITY COUNCIL MEMBERS
( ) CITY OF SEATTLE - SEPA INFO CENTER - DCLU
( ) STRATEGIC PLANNING OFFICE'
NOTICE OF ALL SEATTLE RELATED PLNG PROJ.
OTHER LOCAL AGENCIES
( ) PUGET SOUND REGIONAL COUNCIL
( ) SW K C CHAMBER OF COMMERCE
1)4. MUCKLESHOOT INDIAN TRIBE
( ) CULTURAL RESOURCES PROGRAM
;$FISHERIES PROGRAM,
( ) WILDLIFE PROGRAM
MEDIA
( ) SEATTLE TIMES
( ) SOUTH COUNTY JOURNAL
P: \ADMINISTRATIVE \FORMS \CHKLIST.DOC
ata,Ghe a. labels
DUWAMISH INDIAN TRIBE
( ) P.S. AIR POLLUTION CONTROL AGENCY
( ) SOUND TRANSIT
( ) HIGHLINE TIMES
( ) CI.TUKWILA.WA.US.WWW
411,IC NOTICE MAILINGS FOR PSvIITS
SEPA MAILINGS
Mail to: (comment period starts on date of mailing)
Dept. of Ecology Environmental Review Section
*Applicant
*Other agencies as necessary (checked off on attached list)
*Any parties of record
* send only the staff report, site plan and the SEPA Determination
KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand
Send These Documents to DOE:
SEPA Determination (3 -part from Sierra)
Findings (staff report, usu. with MDNS)
SEPA Checklist (filled out by applicant)
Drawings/Plans of project (site plan, elevations, etc. from PMT's)
Affidavit of Distribution (notice was mailed or sent to newspaper)
SHORELINE MAILINGS:
Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500
feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The notice of
Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit
written comments on the application or desiring to receive notification of the final decision on the application may do so
within 30 days of the notice of application. If a hearing will be held on the application, the hearing notice must include the
information that written comments may be submitted, or oral presentation made at the hearing.
Shoreline Permit Notice of Decision:
Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE)
Department of Ecology Shorelands Section
State Attorney General
*Applicant
*Indian Tribes
*Other agencies as necessary (checked off on attached list).
*Any parties of record
* send only the staff report, site plan and the SEPA Determination
Send These Documents to DOE and Attorney General:
Permit Data Sheet
Shoreline Substantial Development Permit (3 -part from Sierra)
Findings (staff report or memo)
Shoreline Permit Application Form (filled out by applicant)
Drawings/Plans of project (site plan, elevations, etc. from PMT's)
— Site plan, with mean high water mark & improvements
— Cross- sections of site with structures & shoreline
— Grading Plan
— Vicinity map
SEPA determination (3 -part from Sierra)
Findings (staff report or memo)
SEPA Checklist (filled out by applicant)
Any background studies related to impacts on shoreline
Notice of Application
Affidavit of Distribution (notice was mailed)
P:\ADMINISTRATI VE \FORMS \CHKLIST. DOC
• •
City of Tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
MITIGATED DETERMINATION OF NON - SIGNIFICANCE (MDNS)
File Number: E03 -009
Applied: 02/21/2003
Issue Date: 05/21/2003
Status: ISSUED
Proponent: STARFIRE SPORTS
Lead Agency: City of Tukwila
Description of Proposal:
Remodel of Fort Dent Park by the Starfire Group, including a new indoor soccer facility with 2
fields and accessory facilities, remodeling of the existing stadium with a covered grandstand and
artificial turf, construction of six outdoor artificial turf soccer fields, and maintenance of four
existing softball fields.
Location of Proposal:
Address:
Parcel Number:
Section/Township/Range:
6800 FORT DENT WY TUKW
2954900426
The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental
impact statement (EIS) is not required under RCW 43.21c.030(2)(c). This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is available to the public on request. The
conditions for this SEPA Determination are amended at the end of this document.
This MDNS is issued under WAC 197 -11 -350. The conditions are attached. Comments must be submitted by to - - 03 .
The lead agency will not act on this proposal for 15 days from the date below. For a copy of the appeal procedures, contact the City of
Tukwila Department of Community Development.
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
5 -21-03
Date
Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of
action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time
period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075)
doc: Miscperm
E03 -009 Printed: 05 -21 -2003
•
City of Tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
File Number: E03 -009
Applied: 02/21/2003
Issue Date: 05/21/2003
Status: ISSUED
SEPA Determination Conditions:
1: A parking management plan shall be developed and implemented. The plan shall include documentation that adequate
parking facilities have been secured and that appropriate means of travel from parking to the site will be provided.
The plan shall be subject to the approval of the Director of the Department of Community Development, which approval
shall be obtained prior to occupancy of the proposed athletic building or the renovated grandstand.
2: A traffic and parking impact monitoring program shall be developed and implemented. The monitoring program shall
address: Trip generation, Parking generation and parking demand /usage, Park usage, Average vehicle occupancy, and
"Special Events." The monitoring program shall identify monitoring timeframes and shall include appropriate commitments
for mitigating any identified adverse traffic and parking impacts not previously mitigated. The monitoring program
shall be developed and shall receive approval of the Director of Public Works prior to occupancy of the proposed
athletic building or the renovated grandstand, and shall thereafter be implemented. Subsequent mitigation will be
consistent with RCW 43.21C.060 and TMC 21.04.250.
doc: Miscperm
E03 -009 Printed: 05-21 -2003
Smooth Feed Sheets'"'
Rocco & Julie Morgan
14717 59th Ave S
Tukwila, WA 98168
\A o 1 shah
S -she Cricket
‘54(p NE q5
SehfiLL,wA 9$11S
• •
r v Le_ s t A 56 .
aa� , a +t. - 4f 2 Z
Tgcorn6L, wfi °«9 z
Charles een amtn
Se�tt1 e cr, a_et au b
2Si z Lt4?Q Part Orly -e. 5
Use template for 5160Q9
AVERY® Address Labels Laser 5160®
Smooth Feed Sheets'"
Lyle Schneider
3180 Crow Canyon PI #216
San Ramon, CA 94583
Gerald Knudson
6421 S 143rd PI
Tukwila, WA 98168
King County
500 K C Admin Bldg
Seattle, WA 98104
Bnsf Rwy Co
PO Box 961089
Fort Worth, TX 76161
Christopher Angelos & Jennifer Minkema
14411 58th Ave S
Tukwila, WA 98168
L Thomas
14439 58th Ave S
Tukwila, WA 98168
Calvin Rex Flynn
14463 58th Ave S
Tukwila, WA 98168
Ronnie White & J L Tammy
14475 58th Ave S
Tukwila, WA 98168
Michael & Kimberly Schmaltz
27531 12th PI S
Des Moines, WA 98198
• •
C D & P Investment Corporation
23907 67th PI S #C104
Kent, WA 98032
Michael & Hanna Duong
5623 S 150th St
Tukwila, WA 98188
Herbert Griffith Jr. & Maria Marta
14921 58th Ave S
Seattle, WA 98168
Union Pacific Railroad
1416 Dodge St #325
Omaha, NE 68179
Kurt Devries
14423 58th Ave S
Tukwila, WA 98168
Huchi & Alice Sui Ng
5739 S 144th St
Tukwila, WA 98168
Lapine Gary A & Diana L & Utd
14443 58th Ave S
Tukwila, WA 98168
Barbara Currie
14471 58th Ave S
Tukwila, WA 98168
R M E Wright
3336 S 336th St
Federal Way, WA 98001
Gar Quarnstrom
5725 S 142nd St
Tukwila, WA 98168
Use template for 5160(9
Robert & Arlene Krussel
6330 52nd Ave S
Seattle, WA 98118
Joseph & Gina Hoffman
5626 S 150th St
Tukwila, WA 98188
Eleanor Ainardi
5731 S 144th St
Tukwila, WA 98168
Norm Rosenstiel LIc
1225 S 232nd St
Des Moines, WA 98198
John Williams & Dana Duke- williams
151 S 192nd PI
Des Moines, WA 98148
Cosimo & Sally Palazzolo
14477 58th Ave S
Tukwila, WA 98168
Ella & William Wilson
5738 S 147th St
Tukwila, WA 98168
Robert & Robin Rigdon
14209 58th Ave S
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
smootn reea meets"" Use template for 5160('
Bonnie Jean Wong
6341 S 151st PI
Tukwila, WA 98188
Bruce & Mary Beth Paquette
6360 S 151st Pl
Seattle, WA 98188
Arlun & Dolores Ames
14717 58th Ave S
Tukwila, WA 98168
Gary & Kirstine Whisler
14711 58th Ave S
Tukwila, WA 98168
Dewitt & Marti Kirby
14702 58th Ave S
Tukwila, WA 98168
Hubert & Barbara Crawley
14710 58th Ave S
Tukwila, WA 98168
David Brown
14722 58th Ave S
Tukwila, WA 98168
Howard Cohen
14918 58th Ave S
Tukwila, WA 98168
Jerald Imel
14727 59th Ave S
Tukwila, WA 98168
David & Gloria Yoshino
6361 S 151st Pl
Tukwila, WA 98188
Deep Limited Partnership
6340 S 151st Pl
Tukwila, WA 98188
Mary Caroline Chance & Chance Loren Life
14915 58th Ave S
Tukwila, WA 98168
Janette & Fred Kupferer
14715 58th Ave S
Tukwila, WA 98168
Conception Ong
14709 58th Ave S
Tukwila, WA 98168
Loc Ly & H T Kim
5805 S 147th St
Tukwila, WA 98168
Bonnie Long
14902 58th Ave S
Tukwila, WA 98168
Joel & Lyla Maxine Johnson
14731 59th Ave S
Tukwila, WA 98168
Anokh Singh & Sukminder Buttar
14723 59th Ave S
Tukwila, WA 98168
Saehee Yim
6380 S 151st Pl
Tukwila, WA 98188
Dean & Joyce Bistline
6320 S 151st Pl
Tukwila, WA 98188
Berry Crosby
14731 58th Ave S
Tukwila, WA 98168
Huc & Alice Ng
14713 58th Ave S
Tukwila, WA 98168
James Thompson
14705 58th Ave S
Seattle, WA 98168
Deane & Valerie Nelson
14706 58th Ave S
Tukwila, WA 98168
Gerald Myklebust
14718 58th Ave S
Tukwila, WA 98168
Dwayne & Lois Traynor
14910 58th Ave S
Tukwila, WA 98168
Gerald Mclaren
14729 59th Ave S
Tukwila, WA 98168
Anabelle Eastwood
PO Box 88731
Tukwila, WA 98138
AVERY® Address Labels Laser 5160®
smootn reed Sheets "'
Supaluk Rittikaidachar
14250 59th Ave S
Tukwila, WA 98168
Properties L L C
11279 SW Corbin Beach Rd
Vashon, WA 98070
Metro Land Development Inc
PO Box 88028
Tukwila, WA 98138
Mario Segale
PO Box 88046
Tukwila, WA 98138
Leanne Myck & Royla Forest
555 W Smith St
Kent, WA 98032
Timothy & Ward Michele Ricks
14228 59th Ave S
Tukwila, WA 98168
Not Available From County
6437 S 144th St
Tukwila, WA 98168
Jerry Knudson
6402 S 144th St #1
Tukwila, WA 98168
Louis & Patricia Bontempo
14246 59th Ave S
Tukwila, WA 98168
Anthony & Abbey Maschmedt
2326 14th Ave S
Seattle, WA 98144
Ebenezer Church Of God In Christ
PO Box 18154
Seattle, WA 98118
Guardian Properties Llc
6437 S 144th St
Tukwila, WA 98168
Use template for 51600
Red House Properties Llc
PO Box 88070
Seattle, WA 98138
Lori S Hartman
14237 Interurban Ave S
Tukwila, WA 98168
Raymond Hewitt
14208 59th Ave S
Tukwila, WA 98168
Aaron & Diana Passow
1883 Bay St
Port Orchard, WA 98366
Elbum M K
9500 NE 18th St
Bellevue, WA 98004
Gerald Knudson
6421 S 143rd Pl
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
Smooth Feed SheetsTM
Barney & Teresa Moran
14759 62nd Ave S
Tukwila, WA 98168
Dean & Robin Allsopp
5910 S 149th St
Tukwila, WA 98168
Barstow Lvng
5930 S 149th St
Tukwila, WA 98168
Jay & Dawn Schwald
14931 62nd Ave S
Tukwila, WA 98168
Lamkeo & Somboune Phetsomphou
4252 S 158th St
Tukwila, WA 98188
Noel Parshall
3444 S 316th St
Federal Way, WA 98001
Paul & Anna Heyman
15125 62nd Ave S
Seattle, WA 98188
Jessica Bonebright
15165 62nd Ave S
Tukwila, WA 98188
Patricia Perry
6230 S 149th P1
Tukwila, WA 98168
Bow Car Bow Inc
11416 61st Ave S
Seattle, WA 98178
• •
Mary Kreidler
14734 59th Ave S
Tukwila, WA 98168
Richard Mauthe & Nancy Mccaslin
5936 S 149th St
Seattle, WA 98168
Joseph Roppo
5940 S 149th St
Tukwila, WA 98168
S Central School Dist 406
4640 S 144th St
Seattle, WA 98168
S & M Triple
6524 NE 192nd Pl
Seattle, WA 98155
Berhabe Patacsil
15135 62nd Ave S
Tukwila, WA 98188
Patricia Hopper
PO Box 88665
Tukwila, WA 98138
Helen Ing Investments Limited Partnershi
14903 Interurban Ave S
Tukwila, WA 98168
Use template for 5160®
Dana Theodorsen
5904 S 149th St
Tukwila, WA 98168
Byron Banks
5990 S 149th St
Tukwila, WA 98168
Jeffrey Thoelke
14915 62nd Ave S
Tukwila, WA 98168
Darlene Sipe
9101 145th Steilacoom Rd SE
Olympia, WA 98513
Lynn Peterson
15185 62nd Ave S
Tukwila, WA 98188
Martin & Cheryl Kay
14924 62nd Ave S
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
Smooth Feed SheetsTM
Donald Engstrom
1325 4th Ave #1500
Seattle, WA 98101
Leslie & Janet Hinkson
14628 SE 216th St
Kent, WA 98042
Clyde Dawes
6439 S 143rd St
Tukwila, WA 98168
William Fouty
6423 S 143rd Pl
Seattle, WA 98168
John & Carol Radovich
2000 124th Ave NE #B103
Bellevue, WA 98005
James & Gail Ana Justin
3110 N Gove St
Tacoma, WA 98407
Frederick & Frances Stray
12805 NE 80th St
Kirkland, WA 98033
Grant & Deborah Smith
6427 S 143rd St
Tukwila, WA 98168
David & Holly Patera
6417 S 143rd PI
Tukwila, WA 98168
Simvest Inc
600 University St #1925
Seattle, WA 98101
•
Use template for 5160®
Robert & Alberta Burke
7924 S 202nd St
Kent, WA 98032
Louie Sanft
6430 S 143rd PI
Tukwila, WA 98168
Charles & Elaine Fouty
6426 S 144th St
Tukwila, WA 98168
Noel & Melody Parshall
Jerry Knudsen
14062 Interurban Ave S
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
•_ 1
Seattle Tacoma Executive Props
701 5th Ave #7170
Seattle, WA 98104
United Support Association Inc
24837 104th Ave SE #201
Kent, WA 98030
Martin Kay
6224 S 149th PI
Tukwila, WA 98168
W H Westergard
14720 59th Ave S
Tukwila, WA 98168
Joseph Roppo
5940 S 149th St
Tukwila, WA 98168
• •
Robert & Arlene Krussel
6330 52nd Ave S
Seattle, WA 98118
Helen Ing Investments
155 108th Ave NE #202
Bellevue, WA 98004
Helen Ing Investments Limited Partnershi
14903 Interurban Ave S
Tukwila, WA 98168
William James & Clotilde Molina
14920 62nd Ave S
Seattle, WA 98168
Billie & Janice Scheffler Jr.
14710 59th Ave S
Tukwila, WA 98168
Conrad & Verna Tjemsland
14770 59th Ave S
Tukwila, WA 98168
use template ror 5160`"
Tukwila Terminal Llc
600 University St #1925
Seattle, WA 98101
Schneider & Schneider Llc
3180 Crow Canyon P1 #216
San Ramon, CA 94583
U S West Inc
6300 S Syracuse Way #700
Englewood, CO 80111
Raymond Zehner
317 Calle La Montana
Moraga, CA 94556
David & Judy Kistler
14741 62nd Ave S
Seattle, WA 98168
Augustino Lucenti
5938 S 149th St
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
JIIIVVLII r eu JIICCLJ
Ngoun Ny & Chou Sa
14458 58th Ave S
Seattle, WA 98168
Opal Kay
14440 58th Ave S
Tukwila, WA 98168
• •
Wavel Halford
14450 58th Ave S
Tukwila, WA 98168
Bayo Adeyemi
14430 58th Ave S
Tukwila, WA 98168
use template ror 516O''
Margaret Oliver
14442 58th Ave S
Tukwila, WA 98168
Chun Leung & Kwu Man Yu
14420 58th Ave S
Tukwila, WA 98168
Hoan Bui & L T My William & Linda Carl Nicolas Gonzalez Gomes
14426 58th Ave S 14406 58th Ave S 5809 S 144th St
Tukwila, WA 98168 Tukwila, WA 98168 Seattle, WA 98168
Eugene Elfstrom
5807 S 144th St
Tukwila, WA 98168
Garrett Baldwin
5827 S 144th St
Seattle, WA 98168
Jack & Laura Garris Jr.
14443 59th Ave S
Tukwila, WA 98168
Thomas Butler
14455 59th Ave S
Tukwila, WA 98168
Sandra & Leonard Hagen
E Arliss
5841 S 144th St
Tukwila, WA 98168
Ray & Floramie Phillips
14425 59th Ave S
Tukwila, WA 98168
Wynn Anderson
6415 S 153rd St
Tukwila, WA 98188
Samuel Alvarez III
5817 S 144th St
Tukwila, WA 98168
Rebecca & Michael Spain
14433 59th Ave S
Tukwila, WA 98168
Merilyn Wetzler
14457 59th Ave S
Tukwila, WA 98168
Zehner Harpal Singh & Harvinder Kaur Bual Ruth Hawley
317 Calle La Montana 14446 59th Ave S 14414 59th Ave S
Moraga, CA 94556 Tukwila, WA 98168 Tukwila, WA 98168
Helen Ives
14247 56th Ave S
Tukwila, WA 98168
Wilma Porthen
14254 59th Ave S
Seattle, WA 98168
Industrial Properties Inc
PO Box 1716
Auburn, WA 98071
Joann Davis & Warren & Jo Davis
5906 S 144th St
Tukwila, WA 98168
Viewcrest Wpig Llc
400 12th Ave E #16
Seattle, WA 98102
Roger Grossa
14252 59th Ave S
Tukwila, WA 98168
AVERY® Address Labels Laser 5160®
Jnwuui reeu aneets . '•'
Gerald #14338 Schneider
7517 Greenwood Ave N
Seattle, WA 98103
Lakhan Jha & Minakshi Kumari
5627 S 150th St
Tukwila, WA 98188
Brian Le & Samantha Leechao
5619 S 150th
Tukwila, WA 98168
Tryon Concepts Llc
PO Box 146
Renton, WA 98057
Yu Tang & F Z Xian
5000 Glacier Hwy
Juneau, AK 99801
Danilo & Margarita Tunay
5614 S 150th St
Tukwila, WA 98188
Drago & Zin Jurcevic
Current Resident
5626 S 150th St
Tukwila, WA 98188
Richard & Elizabeth Vadnais
6202 S 151st Pl
Tukwila, WA 98188
Stephen Ghorley
6241 S 151st P1
Tukwila, WA 98188
Ardis Denning
921 10th Ave E
Seattle, WA 98102
Patricia Hopper
PO Box 88665
Tukwila, WA 98138
Michael & Hanna Duong
5623 S 150th St
Tukwila, WA 98188
Dik Chan
5611 S 150th St
Tukwila, WA 98188
Billy & Polly Ng
5589 S 150th St
Tukwila, WA 98188
Vladimir Mironyuk
5604 S 150th St
Tukwila, WA 98188
Bach & Tai Nguyen
5618 S 150th St
Tukwila, WA 98188
Yi Moa Luu
6240 S 151st Pl
Tukwila, WA 98188
Kenji & Gladys Masumoto
6201 S 151 st P1
Tukwila, WA 98188
Dale & Lena Marvin
6301 S 151st Pl
Tukwila, WA 98188
use template ror 516U"
Erwin Bulatao
5631 S 150th St
Tukwila, WA 98188
Jeffry & Stefanie Keyes
5619 S 150th St
Tukwila, WA 98188
Nancy Tran & Duc Huu Nguyen
5605 S 150th St
Seattle, WA 98188
Thao Doan
5594 S 150th St
Tukwila, WA 98188
Mai Luu & Dieu Vu
5610 S 150th St
Tukwila, WA 98188
Heak Lam
5622 S 150th St
Tukwila, WA 98188
Harpreet & Harbax Jaswal
6220 S 151st P1
Tukwila, WA 98188
Debra & Jerome Phillip Sorensen
6221 S 151 st Pl
Seattle, WA 98188
Stephen & Cheryl Wheeler
6321 S 151st Pl
Seattle, WA 98188
AVERY® Address Labels Laser 5160®
JIIIVV.11 1 CCU JIICCL.
Craig Markind
14217 58th Ave S
Tukwila, WA 98168
Eric Strand
14235 58th Ave S
Tukwila, WA 98168
Roger Galicic
3263 S 137th St
Tukwila, WA 98168
Mark & Patricia Larson
' 14216 58th Ave S
Tukwila, WA 98168
David & Sue King
PO Box 58928
Seattle, WA 98138
William & Sandra Mills
14250 58th Ave S
Tukwila, WA 98168
Javinder Kaur Garcha
5826 S 144th St
Tukwila, WA 98168
James Bernhard
14241 59th Ave S
Tukwila, WA 98168
Jeffrey Michael & Karoline Kelley Griffin
' 710 SW Othello St
Seattle, WA 98106
Paul Stephen & Tammy Doyley
14480 58th Ave S
Tukwila, WA 98168
Romelle Judkins
14221 58th Ave S
Tukwila, WA 98168
Ronald Ruffing
14243 58th Ave S
Seattle, WA 98168
Robert & Dorothy Leahy
5722 S 142nd St
Tukwila, WA 98168
Timothy Michael O'brien
14217 59th Ave S
Tukwila, WA 98168
Richard & Heather Mcleland - wieser
14234 58th Ave S
Tukwila, WA 98168
S W I Inc
22309 7th Ave S
Des Moines, WA 98198
Ronald Story & Barbara Benedict
5828 S 144th St
Tukwila, WA 98168
Amrik Gagh
14235 59th Ave S
Tukwila, WA 98168
David Alonzo & Mylene Patton
5810 S 147th St
Tukwila, WA 98168
Michael Murphy
14470 58th Ave S
Tukwila, WA 98168
•
we temptate for )1bU"
Susan Morgan
14225 58th Ave S
Tukwila, WA 98168
Cuong Do & T T Anh
14247 58th Ave S
Tukwila, WA 98168
Leo & Marian Johnson Jr.
14210 58th Ave S
Tukwila, WA 98168
Kurt Moore
14222 58th Ave S
Tukwila, WA 98168
Steven Edgar
14240 58th Ave S
Tukwila, WA 98168
Michael Spence
5810 S 144th St
Tukwila, WA 98168
Bruce Macveigh
11062 Auburn Ave S
Seattle, WA 98178
Todd & Stacey Whitten
14231 59th Ave S
Tukwila, WA 98168
Michael & Karen Saffer
14484 58th Ave S
Tukwila, WA 98168
Robert Myers
21816 Mountain Dr
Tehachapi, CA 93561
AVERY® Address Labels Laser 5160®
CITY OF TUKWILA
INTER - OFFICE MEMO
TO: Case File # E03 -009
FROM: Steve Lancaster
SUBJECT: Comments on MDNS for Starfire Sports Fort Dent Park proposal
DATE: June 5, 2003
A Mitigated Determination of Non - significance was issued under the State Environmental Policy
Act for the referenced proposal on May 21, 2003. The comment period for this MDNS extended
through May 4. One comment letter was received by the SEPA Responsible Official during the
comment period.
Andrew T. Levesque submitted a letter on behalf of King County Department of Natural
Resources, dated June 4, 2003. Although the letter indicates a concern "with the project's impact
on the existing flood containment levee system," the actual content of the letter provides no
evidence suggestion that the proposed project itself is creating the impact. In essence, the letter
describes an existing shortcoming with the area's levee system. In consultation with the Tukwila
Public Works Director and the City Attorney, I have determined that the project proposal will not
exacerbate this existing problem.
Based upon comments received, I find no reason to modify the MDNS issued on May 21, 2003.
Q: \STEVE \Starfire\MDNS comments.doc Page 1 of 1
•
King County
Department of Natural Resources and Parks
Water and Land Resources Division
201 S Jackson StSte 600
Seattle, WA 98104
(206) 296 -6519
Flood Hazard Reduction Section
FAX Transmittal Cover
Sheet
Phone: (206) 296 -8001
Fax: 4 (206) 205 -5134
To:
hT6v t- AN CAS-r�2
Phone Number.
Office or Firm:. Cc m M 1 K (T1 D 6-' / •
FAX Number `(
470 - 131 -366
From:
Flood Hazard Reduction Section
Phone Number
RE 'f-1 i/ (� J i- ?kR K../ c rA R r I f s Po eTr i)vu
King County
Department of Natural Resources
Dirccwr'> Office
King Street Center
201 South Jackson Street, suite 700
Seattle, wA M104 -3&55
June 4, 2003
RECEIVED
JUN 4 2003
COMMUNITY
DEVELOPMENT
Steve Lancaster
Director, Department of Community Development
City.of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188
RE: Fort Dent Park. Starfire Sports: Miticated Determination of Non - Significance (MDNS)
File Number E03 -009
Dear Mr. Lancaster:
This letter is in response to the endosed MDNS issued by the aty of Tukwila for the
proposed Starfire Sports soccer facility project located at Fort Dent Park in Tukwila. While
nothing in this letter should be interpreted as appealing the MDNS or otherwise opposing
the soccer project proposal, I would like to take this opportunity to state several concerns I
have with the project's impact on the existing flood containment levee system. These
concerns center on the reasonable expectation of future levee maintenance or repair needs,
especially regarding any future need to reconstruct portions of the levee system.
To put these comments in context, please note that the project drawings show what is
described on the plans as a 30' width levee maintenance easement. A review of the Title
Report which accompanied recent transfer of Fort Dent Park ownership from King County to
the City of Tukwila shows only a barely legible copy of a flood control easement (enclosed)
for a levee recorded in favor of Drainage District One The legal description of this
easement references certain metes and bounds and a width, in places, measuring forty feet.
It does not appear that the easement shown on the plans Is the same as that shown on the
title report, nor is there any other easement of record for levee maintenance. Therefore, it
Is unclear as to whether the plans are attempting to reference an existing, historic
easement, or to propose a new one. If the latter, it is equally unclear in whose favor the
proposed easement would be recorded.
Prior to transfer to the City of Tukwila the levee was maintained as priorities and funding
allowed, both by the King County River Improvement Fund, and by the King County Parks
Department. Following activation of the Green River Flood Control Zone District ( GRFCZD)
in 1990, pursuant to interlocal agreements between King County and the cities of Tukwila,
Renton, Kent, and Auburn, levee maintenance needs at the Fort Dent Park were included in
an overall inventory of Green River levee deficiencies. While the GRFCZD has accomplished
over $7 Million in priority repairs to the Green River levees since that time, flood damages at
Fort Dent have not yet been addressed.
Several areas of undercutting erosion, oversteepening, and embankment slumping have
been identified within the Fort Dent levee system as part of the ongoing listing and
prioritization of levee repair needs. The bulk of these damages resulted from flooding
conditions in 1990 and 1996. All such levee slope damages have been discussed with City
of Tukwila engineering staff as part of the GRFCZD's annual work program and budget
development process, since 1990. The King County Parks Department completed a
temporary repair to one slope failure area affecting part of the Green River Trail in 1999.
The condition of the levee slopes and the status of levee damages were reviewed in the
field with Tukwila engineering staff prior to transfer of the Fort Dent Park property to
Tukwila.
Based on the interlocal agreements activating the GRFCZD, King County has agreed to use
GRFCZD revenues as available to maintain and repair Green River levees In order of priority
need, subject to certain conditions. First, the facility must be within an easement or ROW
dedicated to King County. This stipulation was obviously met when the county held fee
simple title to the park parcel. The easement provision for maintenance has been broadly
interpreted where levees are within other public ownership or rights -of -way, as well. In
such cases access and repair are accomplished through agreement with the affected city,
such as through issuance of a ROW Use Permit, or a Special Use Permit, as appropriate to
the setting. Such arrangements could readily be made with respect to future maintenance
and repair of the Fort Dent levees as well, subject to other relevant conditions.
One of these conditions is that the easement or ROW area in question must be sufficient to
accommodate the needed maintenance repair construction. Geotechnical consultants for
King County have previously determined the major cause of Green River levee slope failures
to be slumping of saturated embankments following periods of high river discharge, during
subsequent draw -down of the river stage. This failure mechanism appears to be fully
consistent with those slumping failures previously noted within the Fort Dent levee system.
Stable angles of repose incorporating appropriate factors of safety for levee embankments
with respect to rapid draw -down failures require sufficient easement area to establish the
levees at a slope of 2.5 horizontal feet for every vertical foot of levee height (2.5H:1V).
The determination of this slope angle should be made starting at the toe of the levee slope
where this intersects with the riverbed, and extending to the top of the levee itself.
By observation, most if not all of the Fort Dent levee slopes below the elevation of the
Ordinary High Water Mark (OHWM) have been steeply undercut by erosion, making it
difficult to establish the actual toe of slope as a basis for measuring the needed easement
widths. By graphically approximating these steep levee toe -slope angles and estimating an
average flood scour depth of about ten feet for the Green River, it is possible to translate
the measurement of the needed levee easement widths to begin with the OHWM itself. I
have enclosed a rough sketch showing the approximate dimensions involved in determining
the needed ROW widths for the levee system in this manner. Such widths must also include
the entire levee fill prism with a minimum 16- foot -wide driving surface, and the levee
backslope built at a slope inclination no steeper than 2:H:1V. As you can see from this
sketch, the current levee slopes do not provide the needed factors of safety for rapid
drawdown conditions, as they are far steeper than the needed 2.5H:1V slope angles
required. This, together with the presence of undercutting erosion, therefore explains why
slumping failures of the levee slope have occurred during major flood flow conditions in the
recent past.
When the required 2.5H:1V slope angles are scaled onto the cross section sketch, it is
apparent that the overall easement dimension needed to accomplish stable levee repair
construction measures approximately 106 feet landward from the OHWM. For comparison I
have also shown how the existing levees basically flt within a strip of land that measures 33
feet from the top -of -bank at the riverward edge of the levee. Please note that this measure
entirely fails to account for either existing or needed angles of levee slope repose. For
comparison, the stable levee location can be seen to lie almost entirely landward of the
existing levee and narrow, 30- foot -wide (+ / -) type of easement shown on the proposed
Starflre soccer complex plan drawings. Therefore, the ROW area needed for levee
maintenance and repair at this site would require an additional width of
approximately 40 feet. This dimension can be determined by comparing the difference
between the present levee alignment and the stable 2.5H:1V levee location shown in the
cross section sketch, With both measured from the OHWM.
As a related matter, please note that at several locations the proposed soccer field
reconstruction is shown as being actually excavated Into the landward toe of the existing
levee fill prism. A concrete retaining wall shown is up to six feet in height to restrain this
excavation. King County is unwilling to undertake a responsibility for maintaining the flood
containment function of any levees which may be compromised in this manner.
In conclusion, I have gone to some lengths here to discuss the context within which levee
maintenance agreements with King County may be relied upon for future maintenance and
repair of the flood containment functions currently provided by the Fort Dent levee system.
Should the City of Tukwila wish to rely on King County for this service in the future, a
minimum levee easement width of 106 feet should be provided, measured from the OHWM
along the length of the riverbank. This easement area should also be maintained free of
structural modifications and encroachments, including the proposed concrete retaining
structures. Alternatively, the City . of Tukwila may chose to arrange for altemate means of
levee maintenance and flood containment protection at the Fort Dent site.
Please cal me at 206 -296 -8379 if you have any questions regarding this letter, or the
discussion herein. Thank you for your consideration of this matter.
Sin erely
Andrew T. Levesque
7771.—f./‘
Civil Engineer III
Flood hazard Reduction Services
Enclosures
Cc: Dave Clark, Manager, Flood Hazard Reduction Services
Steve Bleifuhs, Green River Program Coordinator
Ryan Larson, Senior Engineer, City of Tukwila Department of Public Works
1066 Mato AR
iFi
-3511
(00 V. floci? 6(1511146
OPEPTO 06I WM), It-V66 Tito
itArA
IA-WM
fLooP sox*
pettit to tr.
PflL APp1(.., Rkault„12
51-#61-6 Loo-now
IS
•1 •
MEMORANDUM
TO: Steve Lancaster
FROM: Ryan Larson
DATE: May 29, 2003
SUBJECT: Starfire Storm Drainage
The proposed Starfire Development offers a unique opportunity to improve the existing storm
detention pond at Fort Dent Park. As you are aware, this pond suffers from severe algae and
stagnant water during dry warm weather. Citizens have complained about the odor of the pond
and these complaints will increase in frequency with the increased use of the park and planned
stadium locations.
I have reviewed the conceptual storm drainage plan for this development and agree with the
proposed concept. It is proposed that the runoff from all new non - pollution generated impervious
surfaces be directed into this existing pond. The pond will provide the needed detention volume
prior to being discharged to the existing pump station wet -well. No change is proposed to the
existing storm system and existing impervious areas that include the pollution generating parking
areas. Storm runoff from these areas will continue to flow to the existing pump station wet -well
with an overflow to the pond. This configuration offers the following benefits:
• No new runoff from pollution generating surfaces will enter the pond.
• The pond will receive a limited amount of "flushing" from storm runoff of non - pollution
generating surfaces. This will increase the amount of oxygen in the water and reduce the
levels of bacteria and algae.
• The pond elevation will increase by no more then two tenths of a foot. Given the sloping sides
of the pond, this will not negatively impact the aquatic plants or wildlife within the pond.
Public Works has requested a detailed stormwater report for review. Provided this report confirms
the information provided to date, we feel that the planned improvements will produce a net benefit
to the storm pond.
BRUCE
DEES&
ASSOCIAI
t_aauscape Arc t:;c'.ure • Urba•1 Design
Site PIennmg • Rr•cri.a;IOn Facilities Design
May '19, 2003
Mr. Steve Lancaster
City of Tukwila
6300 Southcenter Boulevard
Tukwila, WA 98188 -2544
Dear Steve,
RECEIVED
MAY 2 0 2003
COMMUNITY
DEVELOPMENT
Bruce Deis. FASLA.
Ru;h Ann Alen.
Snata-n . ic.ntic.. ,
Job No. 107 -01 -04
RE: Starfire Sports Complex
You asked me to summarize the history of the stormwater pond at Fort Dent. Following is
my understanding based upon my experience as the landscape architect for the initial
development, and the record drawings I have in my possession.
The pond at Fort Dent Park was constructed as a stormwater pond in 1974 and has been
functioning as such ever since. The location was a natural low area within the site and did
have standing water, but no vegetation other than grass at the•periphery, as is shown in the
early aerial photograph you have. The site was originally "River View Farm ", a dairy farm.
When design for the park began, the farm was no longer functioning and the entire site was
grass. The pond was cut in the present location. All the trees on the site and around the pond
were planted. Even the cattails were introduced as shown on the drawing I provided you.
Subsequent drainage improvements to the park have occurred over the years, with all water
directed to the stormwater pond, and there has been no question about its function as a
stormwater pond to my knowledge.
1995 Addition to subdrainage to the softball fields. Tied into the existing outfall
entering the pond from the north.
1995 Expansion of the children 's play area added an outfall into the pond from the
west.
1996 Conversion of the cinder soccer field to all- weather (sand). Tied into the existing
storm sewer that flows into the pond via the stormwater lift station complex.
2000 Addition of subdrainage and connection to reclaimed water for irrigation at the
two southwest soccer fields. That too, ties into the existing storm sewer system
that flows to the pond. The approvals for those improvements by King
222 East 26th Street. No. 202. Tacoma. WA 98421 (253) 627 -7947 FAX (253) 627 -6661
Web Site: www.bdassociates.com
May 19,'2003
Page 2
•
County never - questioned the use of the pond as a, storniwater pond,. as fat-.as I
know.
All site.stormwater flows to'the.pond and river via to the 96 " storm manhole and lift.station.
In the event the river is higher than Elevation 8.75, the lift station pumps kick in keeping the
pond and site from flooding. To my knowledge, the entire storm water system and pond has
worked as designed and the . site has never flooded.
Our plan is to continue use of the storm water pond as an amenity to the park by retaining all
trees around it and enhancing it by adding more.
Sincerely,
DEES & ASS.00I
Bruce Dees, FASLA
Principal
ABD:rma
City of Tukwila
De s artment of Public Works
To: Steve Lancaster, Deb Ritter
From: Cyndy Knighton /1-
CC: Dave McPherson, B
Date: May 19, 2003
Re: Starfire Traffic Impact Analysis
E03 -009, L03 -012
Public Works will require SEPA conditions as follows.
• Onsite parking is deficient for all uses beyond daily typical use and will be handled through
parking management techniques and parking agreements on an event basis;
• Agreements made to conduct future monitoring and study of the Starfire Sports Complex's
impacts, including, but not limited to:
• trip generation
• parking generation and parking demand/usage
• park usage
• average vehicle occupancy
• `special events'
Concurrency issues such as intersection level of service analysis, trip distribution, and impact fee
calculations will not be required prior to issuance of the SEPA determination.
\ \tuk2 \vol1 \pubworks \cyndy\development review \tia memos by permit # \e03 -009 starfire sepa 5- 19- 03.doc
1-Steve Lancaster - Peak Parking Deman ummary 5- 16- 03.xls Page -11
From: Ken Oswell <KOswell @Entranco.com>
To: 'Cyndy Knighton' <cknighton @ci.tukwila.wa.us>
Date: 5/19/03 8:32AM
Subject: Peak Parking Demand Summary 5- 16- 03.xls
Cyndy:
As requested by Chris Slatt, here is a new table detailing the peak parking
demand for the analysis scenarios in the study.
We are working on the other comments received Friday from the City. As we
discussed on Friday, to complete those revisions, we will need the following
data from the City soon (today if possible):
1) Turning movements for 2010 background traffic at the intersections of
Tukwila Parkway Extension @ West Valley Highway, and the relocated EB 1 -405
on -ramp @ Tukwila Parkway Extension, which the City indicates they are
planning to build by 2010.
2) Turning movements for 2010 background traffic at the intersection of
Strander Boulevard @ West Valley Highway.
Thanks for your help.
Ken Oswell, P.E. I Senior Project Manager
Entranco
10900 NE 8th St., Suite 300
Bellevue WA 98004 -4405
DIRECT 425.974.8073
FAX 425.454.0220
TOLL -FREE 800.454.5601
«Peak Parking Demand Summary 5- 16- 03.xls»
CC: Andrea Hammelman <AHammelman @Entranco.com >, 'Rick Still'
<rstill @ci.tukwila.wa.us >, 'Steve Lancaster' <slancaster @ci.tukwila.wa.us >, 'Brian Shelton'
<bshelton @ci.tukwila.wa.us >, 'Chris Slatt' <cslatt @msn.com >, "'Chris Slatt, Starfire "'
<chris @starfiresports.com>
TABLE 6
STARFIRE SPORTS CENTER PARKING DEMAND ANALYSIS
(a) There are a total of approximately 450 paved and striped parking spaces currently on site.
(b) Starfire Sports will need to arrange contingency parking for all deficit conditions.
(c) Assumes the average parking demand will be about 70% of condition 2 (e).
(d) Assumes that all 1,800 stadium seats are in use and average car occupancy is 2.5 persons
per parked vehicle [estimated from Husky Stadium Transportation Master Plan (1999)1.
(e) The usage adjustment factor is based on some fields not being in use or being used for practice with
fewer players and spectators per field. Proponent estimates this factor could range from 30% to 70 %.
A conservative estimate of 70% was used for the study.
R: \03011 \Traffic \Summary Tables\
Peak Parking Demand Summary 5- 16- 03.xls
PEAK
AVAILABLE
PARKING
SCENARIO
PARKING
ON -SITE
DELTA (b)
NO.
ANALYSIS SCENARIO DESCRIPTION
DEMAND
PARKING (a)
+ or -
1
Average Day (c)
350
450
100
2
Combined Tournaments (softball and soccer), only
500
450
-50
3
Capacity Stadium Event (d), only
720
450
-270
4
Conditions 2 and 3, simultaneously
1220
450
-770
(a) There are a total of approximately 450 paved and striped parking spaces currently on site.
(b) Starfire Sports will need to arrange contingency parking for all deficit conditions.
(c) Assumes the average parking demand will be about 70% of condition 2 (e).
(d) Assumes that all 1,800 stadium seats are in use and average car occupancy is 2.5 persons
per parked vehicle [estimated from Husky Stadium Transportation Master Plan (1999)1.
(e) The usage adjustment factor is based on some fields not being in use or being used for practice with
fewer players and spectators per field. Proponent estimates this factor could range from 30% to 70 %.
A conservative estimate of 70% was used for the study.
R: \03011 \Traffic \Summary Tables\
Peak Parking Demand Summary 5- 16- 03.xls
•
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
May 14, 2003
Jud Youell
Bruce Dees and Associates
222 East 26th Street, Suite 202
Tacoma, WA 98421
RE: Preliminary Review Comments
Starfire Sports — Concession/Maintenance Building - D03 -094
6800 Fort Dent Way
Dear Mr. Youell:
The Tukwila Building Division and Fire Department have completed their review of the
application materials you submitted on March 24, 2003. The attached comments and/or
corrections must be addressed before we can recommend approval of your permit(s).
Please be aware that you may receive comments and/or corrections from other City departments,
as well. When you re- submit your corrected plans to the Permit Center for further review, your
re- submittal must respond to the comments of all City departments at the same time. You will
know when you have received the comments of all departments involved with your project, when
you receive a "Correction Letter" from the City's Permit Coordinator: The Permit Center
cannot accept your re- submittal until after you have received the Correction Letter
reflecting all departmental comments and /or corrections.
In the meantime, if you have questions regarding the attached Building Division comments and/or
corrections, please contact Ken Nelsen, Senior Plans Examiner, at (206)431 -3676. If you have
other questions regarding the status of your permit application, please contact the Permit Center
at (206)431 -3670.
Sincerely
Brenda Holt
Permit Coordinator
encl
xc: Ken Nelsen, Senior Plans Examiner
File No. D03 -094
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 -431 -3670 • Fax: 206- 431 -3665
Tukwila Building Division
6300 SouthCenter Blvd.
Tukwila, WA 98188
206-431 -3670
BUILDING DIVISION REVIEW
Date: May 6, 2003
Project Name: Starfire Sports restrooms, concessions, S-3 storage permit application
Application #: D03 -094
Plan Review: Ken Nelsen, Senior Plans Examiner
A general plan review has been completed for the subject project. Please address the following
comments with revised plans, specifications, and /or other documentation.
1. Provide additional keyed details for the interior wall, (partition) construction. Examples are
the common restroom wall, also the wall separating the restrooms and the S -3 storage
area. The separation wall for the restroom to S -3 storage must be a minimum 1 -hour
construction per U.B.C. table 3 -B.
2. At a minimum, provide general notes on the plans regarding the ventilation requirements
for the S -3 occupancy portion of the building per Washington State U.B.C. Amendment
Section 1202.2.7.
3. On cover sheet A -0.1, the stadium capacity shown is 2000 occupants. Provide the
calculation brake down used to determine the proposed plumbing fixture count. The
fixture count must identify compliance with the Washington State Amendments to U.B.C.
Chapter 29.
Should there be questions on the requirements, please feel free to contact the Building Division
office at 206 -431 -3670.
No further comments at this time.
City of Tukwila
Department of Community Development
Land Use Routing form for Revisions
TO: 15Z,Building 'Wire Dept. [,l Police Dept ❑tParks:Rec.
'Public Works: (please list the name
:CY.tc.Son..
Project: ca K.c.. 2
S-�
• � -
Address: For-\--
,( - Qatk-
Date transmitted
ij
D
l Response requested by: 5( vq\
Planner: 6�
{may
' Date response received:
COM1\'l NTS
vs\,,(1s -CQN)0(\s2. 40 otkr �1'a.5 \OS CO avor\QJ \-k- j tI2
❑ DRC review requested ❑ Plan submittal requested ❑ Plan approved
Plan check date: I Comments prepared by:
DEPARTMENT OF HOMELAND SECURITY - INS (SEATTLE DISTRICT OFFICE) - Permit Status as of 05/13/2003
,ile;i4 ,
',-, _., Type ` ' '
: • , ......,„; _ ;
, Scope-of Wprk ,
-1`, ',,.. F'.•
ate:Applied
„isig
it-Stahl—M.-
perci.vaLA
Issue DWI
ii.1,Contact:.
171Vi,ersoW, - .
; Correction Ltr
: gent ,-..
Wesponselt
MI Received
/de . '.', -:, t• , • i _ • , i -:, „ ..., -...,:
#11r".: ' '-• ,' II- , Comments 1 : , 7':—.: e •
E2000-031
SEPA
Demolition of Non-Stop Restaurant
11/20/2000
Final
12/02/2000
Haynes Lund,
Sabey Corp
INS project does not create any new significant environmental
impacts previously considered See memo dated 12-20-02 in file.
E2000-033
SEPA
Construction of 3 R & D buildings
and 1 stand alone parking
structure Project includes
restoration of Riverton Creek as
mitigation for the piping of 4
wetland swales at northern portion
of development.
11/30/2000
Final
06/06/2001
Ralph Hagler,
Sabey Corp
INS project does not create any new significant environmental
impacts previously considered See memo dated 12-20-02 in file
L01-030
SPECIAL PERM
Enhance Riverton Creek as
mitigation for the filling of 4 wetland
swales in connection with ICCE
(Bldgs 7, 8. 9 and garage)
04/17/2001
Issued
06/29/2001
Ralph Hagler,
Sabey Corp
1111
, -,-
-•...les:: - • — .,°i.::: - ' •'•, ...,
L02-055
CUP
Conditional use permit for 134,000
sq ft office building with associated
parking and landscaping
12/19/2002
Approved
02/27/20031Sabey
Haynes Lund,
Corp
L02-056
DESIGN REVIEW
Design review for 134,000 sq ft
office building with associated
parking and landscaping
12/19/2002
Approved
02/27/2003
Haynes Lund,
Sabey Corp
L02-057
BLA/LC
Boundary line adjustment
associated with proposed 248,454
sq ft office building with associated
patking structure, surface parking
and landscaping
12/19/2002
Recorded
03/27/2003
Haynes Lund,
Sabey Corp
••••:,,„t • , '
D03-060
(*PW03-025)
BLDG PERMIT
Construction of retaining walls
including land altenng for entire
site.
02/24/2003
Pending
Haynes Lund,
Sabey Corp
04/28/2003
05/02/2003
Complete application on 3-11-03. Bldg Approved/waiting for
structural approval; Fire: Approved 3-11-03, Ping still under
review, PW: Denied on 5-7-03; Structural: Waiting for response
letter dated 4-2-03.
D03-075
BLDG PERMIT
Cast in place concrete retaining
wall
03/06/2003
Pending
Haynes Lund,
Sabey Corp
04/08/2003
05/06/2003
Complete application on 3-11-03. Bldg: Approved on 4-15-03; F'
Approved on 3-11-03; Ping: Approved on 3-11-03; PW: still undo
review, Structural: Approved on 4-15-03.
D03-088
BLDG PERMIT
Demolish Non-Stop Restaurant
03/19/2003
Issued
04/02/2003
Haynes Lund,
Sabey Corp
03/27/2003
04/01/2003
Complete application on 3-20-03. Bldg: Approved on 3-20-03; Fire:
Approved on 3-25-03; Ping: Approved on 3-20-03; PW: Approved
on 4-1-03.
D03-128
BLDG PERMIT
Construct new 133,947 sq ft shell
and core for 4-story office building
over 114,507 sq ft 3-level parking
garage. Includes final grading,
street improvements and
landscaping.
04/30/2003
Pending
Haynes Lund,
Sabey Corp
Complete Application on 5-1-03. All departments still reviewing.
D03-129
BLDG PERMIT
Construct foundation for 4-story
office building over 3-level parking
garage.
04/30/2003
Pending
Haynes Lund,
Sabey Corp
Complete Application on 5-1-03. All departments still reviewing.
D03-131
BLDG PERMIT
Construction of a new 97,595 sq ft
2-level parking structure.
04/30/2003
Pending
Haynes Lund,
Sabey Corp
Complete Application on 5-1-03. All departments still reviewing.
*Permit No. PW03-025 is only for calculation of Public Works fees. The actual scope of work falls under Permit No. D03-060.
STARFIRE - Permit Status as of 05/13/2003
;File No
-
-" ,.Type: :
• `
• Scopeof;Work ;:, -t;.-
^'' .{ :
Date Applied
Status .!';,
Approval or .
=lssue'Date :'
- , Contact.:
r':Person-
Correction Ltr-
' °Sentt °
a Response!
.. Received
xrsr Comments_:,
L03 -010
CODE AMEND
Bldg Height and Signage
02/21/2003
Pending
Deb Ritter
PC public hearing on Apnl 24, 2003 PC requested additional info -
back on May 22, 2003
E03 -009
SEPA
Soccer Facility
02/21/2003
Pending
Judson Youell,
Bruce Dees &
Assoc
03/25/2003
Comment Letter sent asking for revisions to traffic report. fire
turnaround and a clear discussion of the extent of accessory uses
on site.
L03 -012
SHORELINE
Soccer Facility
02/21/2003
Pending
Judson Youell,
Bruce Dees &
Assoc
03/25/2003
Comment Letter sent asking for revisions to traffic report, fire
tumaround and a clear discussion of the extent of accessory uses
on site.
D03 -093
('PW03 -036)
BLDG PERMIT
Canopy over existing stadium -
renovate existing soccer fields and
associated site work.
03/21/2003
Pending
Judson Youell,
Bruce Dees &
Assoc
Complete application on 3- 25 -03. Bldg Denied 5 -5 -03; Fire:
Approved 4 -9 -03; Ping Denied 4- 22 -03; PW still under review;
Structural Waiting for response letter dated 4 -3 -03.
D03 -094
BLDG PERMIT
COncessi0n/Maintenance building
including retaining walls
03/21/2003
Pending
Judson Youell,
Bruce Dees &
Assoc
Complete application on 3 -25 -03 Bldg Denied 5 -6 -03; Fire:
Approved 4 -9 -03, Ping still under review; PW: still under review;
Structural Approved on 4 -28 -03
D03 -141
BLDG PERMIT
Foundation for new soccer facility
including site grading and utilities.
05/12/2003
Pending
Jim Hanford,
Carlson Arch
'Permit No. PW03 -036 is only for calculation of Public Works fees. The actual scope of work falls under Permit No. D03 -093.
BRUCE
DEES&
ASSOCIATES
. Landscape Architecture • Urban Design
Site Planning • Recreation Facilities Design
•
May 1, 2003
Ms. Deb Ritter
City of Tukwila
6300 Southcenter Boulevard...
Tukwila, WA 98188 -7141
RECEIVED
. CITY OF TUKWIIA
MAY 7- 4 2003
'PERMIT CENTER
:.Bruce Dees, FASLA, Principal
Ruth Ann Allen, Principal
Shawn Jensen, Associate •
Dear Deb,
Following are our responses to.the City's comments received, in a letter dated 3/25/03- and a Public
Works Department Memorandum dated 03/25/03.
Job No. 107 -01 -04
RE: • Starfire Soccer Complex . .
March.25, 2003 City Comments
1) The Traffic Impact. Analysis has been revised to reflect concerns raised by the City.
•
•
2) The fire truck turn= around has.been revised to a complete hammerhead. Also, the drawings have
been revised to conform to the decisions made at a meeting between_ Steve Beck of Starfire and
Don Tomaso: Drawings now indicate one hydrant at the southeast corner of the Athletic Center
Building and a second hydrant at the northwest corner of the-Concession/Maintenance building:
3) 'The accessory uses, such as the-daycare and gym, will be provided to support the workers and
athletes using the facility.'
March 25, 2003 Public Works • Memorandum
The Environmental Checklist has been revised as follows:.
5a.. Birds: Table revised to include Hawk, Heron, Eagle and Osprey.
Mammals: Table revised to include Rodents and River Otter.
Fish: Table revised to include Trout.
5b. Response revised to include changes requested.
5c. Response revised to include changes requested.
5d. Discussion on fertilizer, herbicide .and pesticide use is included., Re- vegetation of all
disturbed areas is noted, on Sheet L1.
7a.Discussion on fertilizer, herbicide and pesticide use added to response.: Verification of
field material added.
Endangered Species Act Screening Checklist Part B
• Question 1 -2 response has-been revised.,
.222:East 26th Street, No. 202, Tacoma, WA 98421 (253) 627 -7947 FAX (253) 627 -6661
Web' Site: www.bdassociates.com...
Site Development Plan
Separate cut and fill quantities are.provided'on revised Sheet C7 — C1' -1.
Note to comply with Geotechnical reports has been -added to Sheet C7 - C11::
All utilities will be installed. underground.
Miscellaneous Permit
• The applicant has submitted for Building and Grading permits.
Civil site plans will be designed per City of Tukwila'' standards, details and specifications.
• A copy of the City of Tukwila ",Infrastructure Design and Construction Standards "•'has been
purchased and was'used,in preparing the Site Building and Grading permit documents:
While .this SEPA/Shoreline submittal has been in the' City review process, we have,-been proceeding .,
with drawing development.;, As part of this process, several, changes have been made to the
drawings, which -are not .shown on these SEPA/Shoreline drawings. They are
• . The existing Stadium field grandstand will be slightly modified and covered. See City of
Tukwila Building Permit D03- 093; •,
Athletic field drainage has been changed to include lateral lines at 25-feet p.c. under all fields.
Asphalt paving Will' be porous asphalt:
Per our discussion with Ryan Larson, we examined routing storm water flows, from the site to the
existing pond and found the impacts to be negligible. Therefore, we will route storm flows from .
the proposed site to the pond:.. - • '
The existing Sanitary Sewer piping from the. proposed _cut -in north of the comfort station south to
the; pump station will be'replaced with new pipe. We are currently examining the proposed .'
flows from the project to :the lift station and the ability' of the lift station to handle those flows.
Attached are the following documents:
Four (4) copies of the revised SEPA Checklist.
-Four (4) copies of the revised Traffic Report.
Four (4).copies of the revised Permit drawings;
Thank you for your assistance•with this project..'
Sincerely,
Jud-Youel
Project Manager
.cc: Chris Slatt, Starfire
StorFire Sports
A Washington non - profit corporotion
April 10, 2003
Ms. Nora Gierloff, AICP
Senior Planner
Department of Community Development
6300 Southcenter Boulevard
Tukwila, Washington 98188 -2544
. Ms. Gierloff,
RECEIVED
'APR 14 2003
DEVELOPMENT
Enclosed is a signed agreement between the Seattle Cricket Club and Starfire
Sports regarding the Club's interim use of the field at Fort Dent Park.
Additionally, the agreement documents Starfire's past efforts and continued
desire to work with the Cricket Club to ensure that the Club may play matches at
the park following the planned renovations.
If you have any questions please contact me on 206 -431 -3232.
Sincerely,
Starfire Sports
Christopher G. Slatt
President and CEO
Enclosure: Letter dated March 24, 2003 Re: Seattle Cricket Club use of Fort Dent fields
cc: Mr. Bruce Fletcher, Director of Parks and Recreation
StaFire Sports
R Washington non - profit corporation
March 24, 2003
Mr. Vipul Shah
President, Seattle Cricket Club
P.O. Box 75192
Seattle, WA 98125
Mr. Charles H. W. Benjamin
2318 Lake Park Drive South
Seattle, WA 98144
Re: Seattle Cricket Club (SCC) use of Fort Dent fields
Mr. Shah and Mr. Benjamin:
I am in receipt of your March 18, 2003 email documenting your understanding of our
phone call regarding the interim use of the open field area at Fort Dent Park by the SCC
for cricket matches. This letter is intended to clear up some misunderstandings in your
email and clarify our proposal to SCC for the interim use of this field.
Background
Following the 2002 King County budget crisis that would have left Fort Dent Park in a
closed state indefinitely, Starfire Sports began working with King County and the City of
Tukwila to reach a long -term operating and enhancement agreement for the park. This
agreement was signed on February 28, 2003. Under the terms of the agreement, Starfire
is obligated to make certain soccer field additions and enhancements to the park.
We expect that the soccer field enhancement and new construction will begin as early as
May of this year. At this time, a major portion of the park will be re- graded, a crushed rock
subsurface drainage system will be installed, and over 300,000 square feet of synthetic,
all- weather turf will be installed. The synthetic turf will be lined for four soccer fields. This
construction will occur on an open area that has been used for cricket matches in the
past.
As we have previously discussed with you and your president Mr. Shah, we believe it
might be possible to install cricket wickets between two of the soccer fields on the largest
contiguous patch of synthetic turf (168,900 square feet). This would allow the SCC to
schedule the two soccer fields for cricket matches in the future. At our last meeting, we
requested that you provide us with a detailed cricket field drawing and pitch specification,
together with supplier and cost information to determine the feasibility of this approach.
We have not yet received this information.
SCC Use of Field Prior to Construction
Prior to the beginning of construction in May, 2003, Starfire Sports is pleased to allow the
SCC to use the open field area provided the following stipulations are accepted and
followed.
1. The SCC provides a hard copy proof of insurance to Starfire, with Starfire named on
the certificate, prior to the use of the field.
2. The SCC understands that neither the City of Tukwila, nor Starfire Sports will be
maintaining the field prior to construction. The SCC must maintain the grass to their
Page 1 of 2
• •
satisfaction, sufficiently mark the newly installed ground water monitor well in the north
portion of the field as a hazard to prevent a player injury, and line the field as needed
for cricket. SCC will assume all risk and liability due to injury resulting from a player
running into or falling on the monitor well.
3. The SCC will not pay for the use of the open field during this interim period prior to the
beginning of the park construction phase. But after the construction is complete, if a
cricket pitch is installed between the soccer fields, all field use will be scheduled and
paid for per the rates charged to other adult field sport teams.
4. Beginning March 22, 2003, the park will open each day at 8:00 am and close each day
at dusk. The SCC use or maintenance of the field must occur during these hours.
5. Starfire Sports will give the SCC 72 hours notice prior to the beginning of construction,
which will dose the open field area. The construction will not begin prior to May 5,
2003. Any equipment or material left on the field when construction begins will be
treated as unwanted and hauled away with the topsoil.
If the SCC is interested in using the field for the interim period, and accepts the five
stipulations identified above, please sign this letter at the bottom and provide it along with
the certificate of insurance to Starfire Sports, 6840 Fort Dent Way, Suite 125, Tukwila,
WA. 98188 prior to any use of the field.
All of us at Starfire Sports look forward to working with the SCC to explore the long term
viability of holding cricket matches on the newly constructed fields at Fort Dent Park. We
anxiously await the design specifications for the pitch we have previously discussed. If
you have any questions, please feel free to contact me at our office in Tukwila at
206.431.3232.
Sincerely,
Starfire Sports
Steven A. Beck
Vice President Operations
Cc: Bruce Fletcher, City of Tukwila Director of Parks and recreation
Accepted and agreed to this dg th day of March by:
V ;�UI
N. 51,, ^h
Printed Name
Signature
Title
tr\f,--
7rN,
C rxe4- atb
12Ua -15m2 I Sea-H-(1, t 88125
Address (street, city, zip)
a66- Scia -o39_
Phone number
Page 2 of 2
•
2318 Lake Park Drive South
Seattle, WA 98144
April 9. 2003
Ms. Nora Gierloff, MCP
Planning Supervisor
City of Tukwila, Dept. of Community Development
6300 South Center Blvd.
Tukwila, WA 98188 -2544
Subject: Comments on Fort Dent Project (Permit E03 -009 SEPA
Environment Checklist
Dear Ms. Gierloff.
This letter is on behalf of the Seattle Cricket Club (SCC). As I have mentioned to
you, I am the spokesperson for the club regarding field coordination. SCC has
reviewed both the Project Information and the Article of Agreement between
the City of Tukwila and Star Fire Sports, and is please to forward the following
comments on Permit E03 -009 (SEPA Environmental Checklist) for your
consideration.
1. Accordingly, Star Fire Obligations as set forth in Article 4, Section 4.4
through 4.6, 4.8 and 4.9 do not consider any construction and/or maintenance
of the existing cricket field at Fort Dent Park in like manner as identified for
the existing 4 grass soccer fields.
2. SCC has had full use of the cricket field at Fort Dent for a period of over 15
years. Currently, the club has permission from Starfire Sports to use the
cricket field until the first week in May 2003.
3. SCC has capital expenditures, including equipment and maintenance, on the
cricket field in excess of $7,000.
4. To date, SCC has received only "verbal notice" from Starfire that construction
of a cricket field is being considered between two soccer fields. A review of
Star fire Master Plan submitted to the City of Tukwila, Department of
Community Development show no such site specification for a cricket field.
5. Some of the SCC members live in Tukwila, and a great majority in
surrounding areas.
6. It is the club's contention, therefore, that Permit E03 -009 (SEPA ,
Ms Nora Gierloff, AICP
Planning Supervisor
Page 2
Environmental Check List) will adversely impact existing uses at Fort Dent
Park. This is a classic case of Environmental Justice in which other athletic
and recreational uses by a particular minority group, having a track record as
well as current used of a public facility, is apparently being excluded.
It is indeed a pleasure for the club to offer its comments on a very important
process to be undertaken by the City of Tukwila. It should be stressed that this
process will not only affect the growth and development of cricket in the Pacific
Northwest, but more so the ability of a large number of adults and youths to
unfold social and cultural identity.
Thank you.
Sincerely,
c.
Charles H. W. Benjamin, Field Coordinator
SCC
Cc: Bruce Fletcher, City of Tukwila, Department of Parks & Recreation
Steven Beck, Starfire Sports
• •
April 8, 2003
RECEIVED
VAPR 10.2003
COMMUNITY
DEVELOPMENT
The City of Tukwila
Re: Starfire group development of Soccer complex at Fort Dent Park
Dear Sir / Madam:
This is a formal letter of protest regarding the current proposal by the Starfire Group to dig up and build an
Indoor Soccer facility on the Cricket Field at Fort Dent Park. We are strongly opposed to it.
The Seattle Cricket Club is a diversified cosmopolitan Club which was established in 1902 and had an
assigned Cricket field at the Fort Dent Park for the last 25+years. The Club has put in significant monetary
investments in maintaining and improving the Current ground, and has had an excellent relationship with the
county Parks department over the years. Seattle Cricket club participates in two leagues, one of which is in
Vancouver, Canada.
Over sixteen weeks in the spring /summer, the Canadian teams look forward to playing us at Fort Dent and
they normally stay overnight to enjoy the city and shop. We have invested a large portion of our lives,
money and time over the last 25+ years, and suddenly a new organization decides to "renovate" the cricket
ground and instead redecorate the cricket field with a soccer field, as that is their interest. This should not be
allowed nor tolerated. Together with the Parks department, we have spent a large amount of funds over the
years to maintain the cricket fields and make it what it is today. This Fort Dent cricket field is widely
recognized as one of the best cricket grounds on the entire west coast of USA and Canada; "and the best
cricket field in the Northwest, including Oregon. Now, all of a sudden it is to be taken away and substituted
with a soccer field and we are left homeless and without a ground. Moreover, our official cricket season
starts end of April, and this reconstruction notice in late February by City of Tukwila and Starfire has thrown
our entire current season and the future of the club in limbo.
Our Club proposal is to be able to continue to permanently play Cricket at the existing Cricket ground at Fort
Dent Park. This will ensure that the diversity of sport and culture that Cricket brings will be enjoyed by the
entire Northwest community.
We have no problems with Starfire's reconstruction as long as they leave the cricket field at its present
location and guarantee us playing rights.
Thank you and I am available for any questions.
j r
Vipul Shah
President, Seattle,Cricket Club
1546 N.E. 95th St
Seattle, Wa. 98115
www.seattlecricket.com
(206) 228 -8793
DL t)
OF �vk4 Lf
G ao O SokYrm CFitr+teR p-v p I 0 O
Department of Community Development
6300 Southcenter Blvd, Suite 100
Tukwila, WA 98188
Phone: (206) 431 -3670
Fax: (206) 431 -3665
To: -So YOL) L.t�
From:
City Of Tukwila
!iare"._Z�. .
Fax: c2 6'1 (ark-r" G46 1
Phone: , .4'j / ?7 - 7 49 Al 7
Re: A c t Ar r
❑ Urgent ❑ For Review
Date:
Pages:
• 4 1 1 / 7 / c )
3
/ (VV4444 A.L
❑ Please Comment ❑ Please Reply ❑ Please Recycle
•Comments:
1:7 1^1 L‘ac)■- t(. 'C�rvwv�or�. can --e_ ' ,EP1
TRANSMISSION RESULT REPORT _ (APR 07 '03 10:41AM)
TUK
DCD /PW
THE FOLLOWING FILE(S) ERASED
FILE FILE TYPE OPTION
079 TRANSMISSION
(AUTO)
TEL NO. PAGE RESULT
9 *- 2536276661 03 OK
ERRORS
1) HANG UP OR LINE FAIL 2) BUSY
3) NO ANSWER 4) NO FACSIMILE CONNECTION
MEMORANDUM
TO: PLANNING DEPT. — Nora Gierloff, Planning Supervisor
FROM: PUBLIC WORKS DEPT. — David McPherson, Associate Engineer
DATE: March 25, 2003
SUBJECT: Starfire Sports Complex at Fort Dent
15000 Interurban Ave. South
SEPA, Shoreline and Miscellaneous Comments
SEPA — E03 -009
Project to comply with Geotechnical Engineering Report, by Bergquist Engineering
Services, dated February 15, 2003 and subsequent geotechnical reports.
Verify and provide separate cut and fill quantities. SEPA comments shows 13,000
cubic yards in total.
The Environmental Checklist should be revised as follows:
B. Environmental Elements
5. Animals
a. Birds — Many common species of birds may be on the site on occasion. Also
circle Hawk, heron, and eagle. Other - osprey.
Mammals — Many common species of rodents and small mammals may be on the
site on occasion. Other — rodents and river otter.
Fish — Also circle trout.
b. Add — Chinook Salmon migrate past the site, as juveniles and adults.
c. Yes — Site is part of two migration corridors. The river provides a migratory
pathway for salmonoids and this area is within the Pacific Flyway for migratory
bird species.
d. Discuss fertilizer, herbicide, and pesticide use. Need to provide re- vegetation
plan.
7. Environmental Health
a. Discuss if there is any fertilizer, herbicide, and pesticide use. Verify if all
field areas are to be converted to synthetic.
The Endangered Species Act Screening Checklist should be revised as follows:
Part B:
1 -2 Yes — Any site grading includes the potential for silts to leave the site by
either surface water run -off or by truck tires.
Shoreline — L03 -012
Shoreline is complete for Public
Informational Comments
Site Development Plan
Verify and provide separate cut and fill quantities on site plan. SEPA shows 13,000
cubic yards in total.
Provide note on site development plan, to comply with Geotechnical Engineering
Report, by Bergquist Engineering Services, dated February 15, 2003 and subsequent
geotechnical reports.
All utilities are required to be underground, per City ordinance.
Miscellaneous Permit
The applicant shall apply for Building and Public Works permit approvals.
Civil site plans shall be designed per City of Tukwila standards, details, and
specifications.
An infrastructure design and construction standard manual, is available at the Public
Works Department.
•
Cizy of Tukwila
•
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
March 25, 2003
Judson Youell
Bruce Dees & Associates
222 East 26th Street #202
Tacoma, WA 98421
RE: St_arfire Sports Curnplex
L03 -012 Shoreline Permit
E03 -009 SEPA Environmental Review
Dear Jud,
After departmental review of your applications we have: the following comments:
RECEIVED
CITY OF.TUKWILA
MAY - 1 2003
PERMIT CENTER
1) The February 4, 2003 Traffic Impact Analysis, prepared by Entranco, which was
submitted for the Starfire Sports proposal is inadequate for. SEPA review. This
report failed to analyze future conditions as required by the SEPA process as well as
our concurrency ordinance. The study also did not analyze impacts of this proposal
on weekend traffic — which is the peak trip generation of the. site. Weekend
volumes, in many cases, are equal to or exceed weekday peak volumes in this area.
Because of the report's inadequacies, a full review could not be made. The applicant
must provide a traffic impact analysis that addresses future conditions before the
SEPA determination can be made. If you have any questions about this comment
please contact Cyndy Knighton at (206) 433 -0179. •
2) Revise the fire truck turnaround at the east edge of the grandstand to form a
complete hammerhead. Ensure that fire hydrant coverage is adequate for the indoor
soccer facility. If you have any questions about these comments please contact Don
Tomaso at (206) 575 -4404.
3) We need to have a detailed understanding of the types of accessory uses proposed
for the site. If the daycare noted on the plans is intended to be only for the
convenience of ,adult league participants while they play. "(like .drop in care at a
gym) it will have very little impact on the site.. On the other hand if it is intended
to be operated as a full -time business it will need to be accounted for in the traffic
and parking studies. Similarly,. if the gym is intended to serve players and one -on-
Q:\Starfire \SF_3_2 5.1)0C
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665
• •
one sessions with trainers it will have few impacts, unlike a standard, open to the
public health club. Please clarify these issues in the SEPA Checklist.
There may be additional issues raised by the public, we will accept comments until April 9th.
Once you have addressed any issues raised by the public and submitted four copies of a
revised traffic report, revised checklist and revised site plans we will resume SEPA review.
In the meantime we will also begin review of the development permits you have submitted,
though they cannot be issued until the SEPA determination has been made and the Zoning
Code height issue has been resolved.
If you have any questions, feel free to call me at (206) 433 -7141.
Sincerely,
Nora Gierloff
Planning Supervisor
Cc: Cyndy Knighton, Public Works
Don Tomaso, Fire Department
Q:\Starfire\SF3_25.DOC
City of Tukwila
Department of Public Works
To: Nora Gierloff
From: Cyndy Knighton
Date: March 24, 2003
Re: Starfire Sports, Fort Dent Park
E03 -009
The February 4, 2003 Traffic Impact Analysis, prepared by Entranco, which was submitted for the
Starfire Sports proposal is inadequate for SEPA review. This report failed to analyze future conditions
as required by the SEPA process as well as our concurrency ordinance. The study also did not
analyze impacts of this proposal on weekend traffic — which is the peak trip generation of the site.
Weekend volumes, in many cases, are equal to or exceed weekday peak volumes in this area.
Because of the report's inadequacies, a full review could not be made. The applicant must provide a
traffic impact analysis that addresses future conditions before my portion of the SEPA determination
can be made.
c: \documents and settings\nora\local settings \temp \e03- 009s.doc
CITY OF TUKWILA.
NOTICE OF APPLICATION
The Starfire Group has filed applications for development of a soccer complex to be
located at Fort Dent Park. The complex will include a new indoor soccer facility with 2
fields and accessory facilities, remodeling of the existing stadium with a covered
grandstand and artificial turf, construction of six outdoor artificial turf soccer fields, and
maintenance of four existing softball fields.
Permits applied for include: L03 -012 Shoreline Substantial Development
E03 -009 SEPA Environmental Checklist
Other known required permits include:
Development Permit (site grading and building construction)
Health Department Approval for food and beverage service
Flood Zone Control Permit
Stormwater Permit from the Washington Department of Ecology
Studies required with the applications include:
Traffic Impact Analysis
Geotechnical Exploration and Engineering Analysis
Stormwater Downstream Analysis
................._......... ...................... .............._..... .... .... ..............
FILES AVAILABLE FOR PUBLIC REVIEW
The project files are available at the City of Tukwila. To view the files, you may request
them at the counter at the Department of Community Development (DCD), located at
6300 Southcenter Boulevard #100.
OPPORTUNITY FOR PUBLIC COMMENT.
Your written comments on the project are requested. They must be delivered to DCD at
the address above or postmarked no later than 5:00 P.M., April 9, 2003.
APPEALS
You may request a copy of any decision, information on hearings, and your appeal rights
by calling DCD at (206) 431 -3670. The Shoreline Permit may only be appealed to the State
Shoreline Hearings Board.
For further information on this proposal, contact Nora Gierloff at (206) 431 -3670 or visit
our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m.
to 5:00 p.m.
Application Filed: 2/21/03
Notice of Completeness Issued: 2/28/03
Notice of Application Issued: 3/7/03
STAGE 111
/.T
„ /
\ . ,1 . -
•..
1)1:3-r
r
4.T
'txisTiNG sToRmwATER 'r
DETENTION POND ' .•
CHI
I—STAGE I
PROJECT VICINITY A
0tI
GREEN RNER
EXISTING
GRANDSTAND
W/ NEW ROOF
12 WIDTH
FIRE ACCESS
20' WIDTH RRE
TURN—AROUND
PROPOSFD STAGING PLAN
2033 4724 1 04444,<0 4 SEM 00 10000
a ASS0007133 51111■01101
1023 3.9110
WW1 SOCCU1 POUT', Rrrnow.
OWISON • .0*04444C1 01.1.1.00.
• ,.00OC141111 217114000
2004 SUCE 3 00.4 3 =au I1F103 (Kr OF
*1000<00004)
0 130* 1200 leo'
PERMIT SUBMITTAL
0.1.1■11■1.1
.013 10701
SC.: I'60
_
0tI
GREEN RNER
EXISTING
GRANDSTAND
W/ NEW ROOF
12 WIDTH
FIRE ACCESS
20' WIDTH RRE
TURN—AROUND
PROPOSFD STAGING PLAN
2033 4724 1 04444,<0 4 SEM 00 10000
a ASS0007133 51111■01101
1023 3.9110
WW1 SOCCU1 POUT', Rrrnow.
OWISON • .0*04444C1 01.1.1.00.
• ,.00OC141111 217114000
2004 SUCE 3 00.4 3 =au I1F103 (Kr OF
*1000<00004)
0 130* 1200 leo'
PERMIT SUBMITTAL
0.1.1■11■1.1
.013 10701
SC.: I'60
•
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development Steve Lancaster, Director
February 28, 2003
Judson Youell
Bruce Dees & Associates
222 East 26th Street #202
Tacoma, WA 98421
NOTICE OF COMPLETE APPLICATION
RE: Starfire Sports Complex
L03 -012 Shoreline Permit
E03 -009 SEPA Environmental Review
Dear Jud,
Your application for construction of a soccer facility and fields located at Fort Dent Park has
been found to be complete on February 28, 2003 for the purposes of meeting state mandated
time requirements.
The next step is for you to install the notice board on the site within 14 days of the date of this
letter. You received information on how to install the sign with your application packet. If
you need another set of those instructions, please call me. Once you have notified me that the
notice board has been installed I: will prepare a laminated copy of the Notice of Application
for you to post and the comment period will start. After installing the sign with the laminated
notice, you need to return the signed Affidavit of Posting to our office.
This determination of complete application does not preclude the ability of the City to require
that you submit additional plans or information, if in our estimation such information is
necessary to ensure the project meets the substantive requirements of the City or to complete
the review process. The City finds that additional review time will be necessary to process
your permit application because the additional information requested by this letter is
needed to complete the review process. The precise amount of additional review time
which may be needed will be the number of days between the date of this letter and the
submission of the additional information.
This notice of complete application applies only to the permits identified above. It is your
responsibility to apply for and obtain all necessary permits issued by other agencies. You
should contact them directly to find out what their application requirements are.
Q:\SF_Complete.DOC
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206- 431 -3665
• •
I have routed your application materials to the other reviewing Departments and will collect
their comments during the notice period. If you have any questions, feel free to call me at
(206) 433 -7141.
Nora Gierloff
Planning Supervisor
Q: \SF_Complete.DOC
1
City of Tukwila
Department of Community Development
File Number
Eva -009
Loa -0 /.g
LAND USE PERMIT ROUTING FORM
TO: f 1 Building ❑ Planning CRI Public Works r1 Fire Dept. ❑ Police Dept. g Parks /Rec
Project: `- t -o.c-C rc__ 6p r-11-`-D Gc7✓-Ipt2X OA- 4, -
e iN.A-
Address:
r+ • -CD f_.• ir Inc
Date
transmitted: o9%; 3/ 03
Response
requested by:
Date response
received:
3 / 0,2L / L '
Staff ' I
coordinator: /L-3 r?..._ &"") ; e r-G cr
COMMENTS
I) EnSi mple �0‘ rY)mAc IALAA 1"vt'r 0U%4 s,r it\
- -4,C3,
Z)
-'' .3
❑ DRC review requested
❑ Plan submittal requested APlan approved
Plan check date:
Comments
.re•ared b
Qi /14/94
City of Tukwila
Department of Community Development
File Number
Eva -00g
Z-v3 -67/,g
LAND USE PERMIT ROUTING FORM
TO: (1 Building ❑ Planning UJ Public Works El Fire Dept. ❑ Police Dept. &' Parks /Rec
Project: 3-k-c.c -C7, -e--- Se,r-k-s .v,,,,, le. x a_4- =4, -
e..tv4-
Address:
Date
transmitted:
o9 /off 3/ v 3
Response
requested by:
.3 / 01
/4;)
Staff
coordinator:
id, re-._ (.-/"J r e r1., a -
Date response
received:
COMMENTS
(S6L Coryt„n t, rs *41 TrAChttX
3/ZSlo3
FEB 2 8 2003
TUKWILA
PUBLIC WORKS
❑ DRC review requested
❑ Plan submittal requested ❑ Plan approved
Plan check date:
Comments
prepared by:
0/14/04
• •
MEMORANDUM
TO: PLANNING DEPT. — Nora Gierloff, Planning Supervisor
FROM: PUBLIC WORKS DEPT. — David McPherson, Associate Engineer
DATE: March 25, 2003
SUBJECT: Starfire Sports Complex at Fort Dent
15000 Interurban Ave. South
SEPA, Shoreline and Miscellaneous Comments
SEPA — E03 -009
Project to comply with Geotechnical Engineering Report, by Bergquist Engineering
Services, dated February 15, 2003 and subsequent geotechnical reports.
Verify and provide separate cut and fill quantities. SEPA comments shows 13,000
cubic yards in total.
The Environmental Checklist should be revised as follows:
B. Environmental Elements
5. Animals
a. Birds — Many common species of birds may be on the site on occasion. Also
circle Hawk, heron, and eagle. Other - osprey.
Mammals — Many common species of rodents and small mammals may be on the
site on occasion. Other — rodents and river otter.
Fish — Also circle trout.
b. Add — Chinook Salmon migrate past the site, as juveniles and adults.
c. Yes — Site is part of two migration corridors. The river provides a migratory
pathway for salmonoids and this area is within the Pacific Flyway for migratory
bird species.
d. Discuss fertilizer, herbicide, and pesticide use. Need to provide re- vegetation
plan.
7. Environmental Health
a. Discuss if there is any fertilizer, herbicide, and pesticide use. Verify if all
field areas are to be converted to synthetic.
• •
The Endangered Species Act Screening Checklist should be revised as follows:
Part B:
1 -2 Yes — Any site grading includes the potential for silts to leave the site by
either surface water run -off or by truck tires.
Shoreline — L03 -012
Shoreline is complete for Public
Informational Comments
Site Development Plan
Verify and provide separate cut and fill quantities on site plan. SEPA shows 13,000
cubic yards in total.
Provide note on site development plan, to comply with Geotechnical Engineering
Report, by Bergquist Engineering Services, dated February 15, 2003 and subsequent
geotechnical reports.
All utilities are required to be underground, per City ordinance.
Miscellaneous Permit
The applicant shall apply for Building and Public Works permit approvals.
Civil site plans shall be designed per City of Tukwila standards, details, and
specifications.
An infrastructure design and construction standard manual, is available at the Public
Works Department.
City of Tukwila
Department of Community Development
File Number
56)3-ou
L_03 - o/,g
LAND USE PERMIT ROUTING FORM
TO: [ 1 Building ❑ Planning Public Works rl Fire Dept. ❑ Police Dept. &' Parks /Rec
Project: ��o. <-C-7r-� SpJf j („v✓4,1(��1C 0. 1'- 1-"F, -LILT
J
Address:
Date
transmitted:
c9/, 503
Response
requested by:
3 /0.2/
/02,
Staff
coordinator:
I Cr
&") ; e r- .7 1-
ate response
received:
COMMENTS
The Parks & Recreation
Department has no comment
on this project.
❑ DRC review requested
❑ Plan submittal requested ❑ Plan approved
Plan check date:
Comments
•re•ared b :
03/14/04
Nora Gierloff - Star Fire Estimated Imp.
From: Cyndy Knighton
To: Jim Morrow
Date: 2/11/03 3:43PM
Subject: Star Fire Estimated Impact Fees
Jim, you asked me to estimate the impact fees associated with the proposed Star Fire soccer facility at
Fort Dent Park. I've done a quick review of their Initial Traffic Impact Analysis dated February 4, 2003.
This is not a complete review and should not be viewed as accepting the study as there are plenty of
questions I still need to raise before I can accept the study and it's contents, specifically the proposed trip
generation methodology.
The study is also somewhat vague on trip distribution. It even states that "... approximately 30 trips would
travel south -bound on Interurban Avenue over the Green River Bridge ... and less than 5 trips would be on
West Valley Highway at Strander Boulevard." This level of ambiguity makes it difficult to calculate an
impact fee estimate. For this exercise, I have used 30 trips impacting the Interurban Bridge project and 5
trips impacting the Strander Boulevard/ West Valley Highway project.
As it stands today, the estimated impact fees for this proposed project (with all the caveats above) is:
Interurban Bridge $33,660
Strander/West Valley $1,415
Total $35,075
I can work on a more thorough review of this draft report next week.
Cyndy
20030317001798
TUKWILA AG 68.00
PAGE 001 OF 048
KING7COUNTY12WA8
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Return Address:
CITY OF TUKWILA
Bob Baker, CMC,
Deputy City Clerk
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433-1800
Document Title(s): AGREEMENT BETWEEN CITY OF TUKWILA AND
STARFIRE SPORTS (Including Exhibits A — D)
Parties: City of Tukwila
Other:
Starfire Sports
A Not - For- Profit Washington Corporation
(Christopher G. Slatt, Chairman & President)
Legal Description: SW 'h, Sec. 13, Twp 23 N., Rge 4 E., W.M.
Govt. Lots 1 & 2, Sec. 23, Twp 23 N., Rge 4 E., W.M.
Govt. Lots 1 & 5, Sec. 24, Twp 23 N., Rge 4 E., W.M.
Tract 36, Second Supplement Map of Renton Shore Lands
Blocks 4 -9 & 12 -17, Gundaker's Interurban Addn.
Assessor's Tax Parcel ID #'s: 1323049080, 2323049001, 2423049030 &
2954900426
AGREEMENT
BETWEEN
CITY OF TUKWILA
AND
STARFIRE SPORTS
AG63 -- o5-0
TABLE OF CONTENTS
Page
ARTICLE 1. RECITALS AND FINDINGS 1
1.1 PARK 1
1.2 INTERGOVERNMENTAL AGREEMENT 1
1.3 PRIVATE OPERATION AND DEVELOPMENT 1
1.4 STARFIRE 1
1.5 FACILITIES 1
1.6 NO PARTNERSHIP 2
1.7 PREMISES 2
1.8 CITY POLICE POWER 2
1.9 PARKING 2
1.10 FINANCING 2
1.11 CONTINUED PARK AND RECREATION USE 3
ARTICLE 2. GROUND AND USE GRANT 3
2.1 PREMISES 3
2.2 POSSESSION, QUIET ENJOYMENT & COVENANTS 3
ARTICLE 3. TERM OF AGREEMENT 3
3.1 TERM 3
3.2 OPTION TO RENEW 4
ARTICLE 4. STARFIRE OBLIGATIONS 4
4.1 AGREEMENT 4
4.2 NOT- FOR - PROFIT 4
4.3 INVESTMENT 4
4.4 ATHLETIC CENTER BUILDING 4
4.5 FIELDS - TURF 4
4.6 FIELDS - GRASS 4
4.7 STADIUM 5
4.8 SOFTBALL FIELDS 5
4.9 EDUCATION - SCHOLARSHIPS 5
4.10 CITY 4114 OF JULY CELEBRATION 5
4.11 STARFIRE LIAISON 5
4.12 FACILITIES AND PREMISES 5
4.13 ENTRY BY CITY 6
4.14 HEALTH INSPECTIONS 6
4.15 MAINTENANCE, REPAIR, & IMPROVEMENTS 7
4.16 SIGNS 8
4.17 UTILITIES 8
4.18 HAZARDOUS SUBSTANCES 9
4.19 RISK OF Loss 9
ARTICLE 5. CITY OBLIGATIONS 10
5.1 AGREEMENT 10
5.2 PICNIC - PLAY AREAS - STORMWATER 10
5.3 STREETS - PARKING 10
5.4 LEVEE- TRAILS 10
5.5 NAMING RIGHTS - SIGNS - ZONING 10
5.6 DIRECTIONAL SIGNS 11
5.7 LIQUOR LICENSE 11
5.8 PUBLIC SAFETY 11
AGREEMENT
50367676.02
5.9 PERMITTING 11
5.10 CITY LIAISON 11
5.11 PROMOTION 11
5.12 FEES AND CHARGES 11
ARTICLE 6. DESIGN & CONSTRUCTION OF PREMISES 11
6.1 DESIGN 11
6.2 BUILDING & SITE PLANS /ACCESS EASEMENT 12
6.3 CONSTRUCTION /SITE WORK/FENCING 12
6.4 CONSTRUCTION DEADLINES 12
6.5 FAILURE TO MEET CONSTRUCTION DEADLINES /TIME OF ESSENCE 13
6.6 STORMWATER DRAINAGE, SEWER, & WATER LINES 13
6.7 DEVELOPMENT AND CONSTRUCTION FEES & EXPENSES 13
6.8 NOT A PUBLIC WORKS PROJECT 13
6.9 No LIENS 14
6.10 INSURANCE AND INDEMNIFICATION REQUIREMENTS DURING CONSTRUCTION 14
ARTICLE 7. FINANCING & SECURITY INTERESTS 16
7.1 FINANCING - NO CITY OBLIGATION 16
7.2 MORTGAGES - GENERALLY 16
7.3 SECURITY INTEREST IN PREMISES & AGREEMENT /CONSENT 16
7.4 LENDER'S RELIANCE ON TERM 17
7.5 SURRENDER OF THE COLLATERAL 17
7.6 NOTICE OF DEFAULT AND LENDER'S RIGHTS 17
7.7 RIGHT TO ASSIGN 18
7.8 DISPOSITION OF INSURANCE 18
7.9 RIGHT TO PARTICIPATE IN LITIGATION 19
7.10 INCORPORATION OF LENDER'S PROTECTION PROVISIONS 19
7.11 RIGHT TO REMOVE COLLATERAL 19
7.12 NOTICES 19
ARTICLE 8. TERMINATION 20
8.1 FAILURE TO PERFORM 20
8.2 DEFAULT 20
8.3 REMEDIES ARE CUMULATIVE 21
8.4 DESTRUCTION OF PREMISES & USE OF INSURANCE PROCEEDS 21
8.5 DUTIES UPON TERMINATION 22
8.6 EMINENT DOMAIN 22
ARTICLE 9. GENERAL CONDTTIONS 23
9.1 RELATIONSHIP OF PARTIES 23
9.2 NOTICES 23
9.3 REPORTS & INFORMATION 24
9.4 PERMITS, LICENSES, TAXES, & FEES 24
9.5 INSURANCE 25
9.6 HOLD HARMLESS, INDEMNIFICATION, & INDUSTRIAL INSURANCE 26
9.7 SUCCESSORS & ASSIGNS 26
9.8 BANKRUPTCY 27
9.9 COMPLIANCE WITH LAWS 27
9.10 NONDISCRIMINATION 27
9.11 CHOICE OF LAW & VENUE 28
9.12 COSTS & ATTORNEYS' FEES 28
9.13 MODIFICATION 28
9.14 CHANGE IN LAW /RENEGOTIATION 28
9.15 FORCE MAJEURE 28
9.16 WAIVER 29
AGREEMENT 11
50367676.02
9.17 ILLEGAL PROVISIONS - SEVERABILITY 29
9.18 ARTICLE HEADINGS, GENDER, & NUMBER 29
9.19 ENTIRE AGREEMENT 29
9.20 COUNTERPARTS 29
9.21 RECORDING 29
Exhibit A — Description of PREMISES
Exhibit B — Preliminary Building and Site Plans
Exhibit C — Starfire Sports FACILITIES
Exhibit D — Legal Description of PARK
AGREEMENT
50367676.02
iii
AGREEMENT
THIS AGREEMENT ( "Agreement ") is entered into effective the 1St day of
March, 2003 (the "EFFECTIVE DATE "), by and between the CITY OF TUKWILA, a
Washington municipal corporation ( "CITY "), and STARFIRE SPORTS, a Washington
non - profit corporation ( "STARFIRE "). The CITY and STARFIRE are referred to
collectively as the "PARTIES."
In consideration of the promises, covenants, and provisions set forth in this
Agreement, the PARTIES agree as follows:
Article 1. RECITALS AND FINDINGS
1.1 Park.
The CITY is owner of the property commonly described as Fort Dent Regional.
Park (the "PARK ") legally described in Exhibit D.
1.2 Intergovernmental Agreement.
The CITY acquired the PARK through an INTERGOVERNMENTAL LAND
TRANSFER AGREEMENT BETWEEN KING COUNTY AND THE CITY OF
TUKWILA (January 3, 2003; the, "INTERGOVERNMENTAL AGREEMENT "), in part
as a result of King County's lack of sufficient, stable revenues to manage and maintain its
parks, open space and recreational facilities.
1.3 Private Operation and Development.
At the time the CITY acquired the PARK from King County, the CITY intended
to provide for private operation, maintenance and further development of a portion of the
PARK, consistent with the INTERGOVERNMENTAL AGREEMENT.
1.4 STARFIRE.
STARFIRE has the experience, ability, and resources to develop and operate park
athletic, recreation and associated facilities ( "FACILITIES ") at the PARK. STARFIRE
intends to develop a regional facility for soccer, softball and other athletic and
recreational uses, and to provide scholarships, grants and aid to underprivileged people
throughout King County.
1.5 Facilities.
The PARTIES intend this Agreement to be a ground and use concession and
licenses granting STARFIRE the exclusive rights to develop, construct, and operate
FACILITIES, as described more fully in attached Exhibit C. STARFIRE may operate
AGREEMENT
50367676.02
A6 3 --0 56'
Page 1 of 31
• •
concessions and impose fees and charges within these areas of the PARK, described
herein, and which said PARK areas will remain property of the CITY.
1.6 No Partnership.
The PARTIES agree that no joint venture or partnership is formed as a result of
this Agreement.
1.7 Premises.
STARFIRE will be responsible for the design and construction of the
FACILITIES and exterior landscaping (hereinafter collectively referred to as the
"PREMISES ") blending with the PARK setting. All improvements to the PREMISES
will become property of the CITY at the termination of this Agreement.
1.8 City Police Power.
By entering this Agreement, the CITY does not waive any of its police power
authority and shall retain final permits for the PREMISES.
1.9 Parking.
The CITY, and not STARFIRE, will be responsible to provide adequate parking
to support the PREMISES and its operations.
1.10 Financing.
1.10.1 STARFIRE will be responsible for obtaining all necessary
financing for the development and operation of the PREMISES.
1.10.2 It is mutually understood by the PARTIES that any lender who
provides financing to STARFIRE solely for the development and operation of the
PREMISES will require this Agreement as protection and security for lender ( "lender ").
The term "lender" shall also mean the successors and assigns of the lender.
1.10.3 The CITY will acknowledge and consent to lender taking a first
position security interest in this Agreement and the PREMISES; lender taking an
assignment of the right, title, claim and interest of STARFIRE in this Agreement; lender
obtaining the right of substitution for STARFIRE, lender taking possession of the
PREMISES; lender operating the PREMISES pursuant to the terms of this Agreement;
and/or, lender selling, assigning and/or transferring STARFIRE's interest in this
Agreement and /or the PREMISES;
AGREEMENT Page 2 of 31
50367676.02
1.11 Continued Park and Recreation Use.
This Agreement and uses authorized herein are consistent in all respects with
King County Resolution No. 34571 and the Intergovernmental Agreement. All
covenants and restrictions contained in the INTERGOVERNMENTAL AGREEMENT,
and deed(s) transferring PARK to CITY are incorporated in this Agreement.
Article 2. GROUND AND USE GRANT
2.1 PREMISES.
2.1.1 CITY hereby grants to STARFIRE an exclusive lease and use
concession of ground, for the development, construction, and operation, of the
PREMISES as described in Exhibit A attached hereto and incorporated by reference.
Preliminary building and site plan is shown in Exhibit B, attached hereto and
incorporated by reference. Any and all development, construction, and improvements of
and to the PREMISES are owned by STARFIRE subject to security interest of lender, if
any. At the termination of this Agreement, other than as a result of condemnation
proceedings, the then existing improvements to the PREMISES will become the property
of and owned by the CITY.
2.1.2 The common address of the PREMISES is 6800 Fort Dent Way,
Tukwila WA, 98188.
2.2 Possession, Quiet Enjoyment & Covenants.
Except as provided in Articles 4.10 & 4.13 herein, STARFIRE shall be entitled to
exclusive possession and use of the PREMISES upon commencement of the development
and construction of the PREMISES as defined by Article 6.4 herein. Upon taking
possession of the PREMISES, and subject to STARFIRE's continuing performance and
CITY's remedies under Agreement, STARFIRE shall peaceably and quietly have, hold,
and enjoy the PREMISES at all times during the full term of this Agreement. Every
covenant in this Agreement shall be deemed and treated to be a covenant running with
the PREMISES during the full term of the Agreement, and shall extend to the heirs, legal
representatives, successors, and assigns of the PARTIES. No change in CITY's
ownership of the PREMISES, or rights to the payments hereunder, however
accomplished, shall operate to enlarge the obligations or reduce the rights of STARFIRE.
No change in CITY's ownership of the PREMISES shall be binding upon STARFIRE for
any purpose until STARFIRE shall have been given notice thereof.
Article 3. TERM OF AGREEMENT
3.1 Term.
The term of this Agreement shall be forty (40) years, commencing upon the
EFFECTIVE DATE.
AGREEMENT Page 3 of 31
50367676.02
3.2 Option to Renew.
The CITY and STARFIRE may renew this Agreement, contingent upon
STARFIRE's full compliance with the terms and conditions of this Agreement and
CITY's written agreement to renew. The PARTIES may modify the Agreement during
the term, as a condition of renewal, or during a renewal term, consistent with
Section 9.13.
Article 4. STARFIRE OBLIGATIONS
4.1 Agreement.
STARFIRE agrees to the terms and conditions of this Agreement.
4.2 Not - For - Profit.
STARFIRE will serve as the supervisory not - for - profit corporation for
enhancement and ongoing operation of the FACILITIES.
4.3 Investment.
STARFIRE will raise and invest $6 million in capital expenditures for the
enhancement of the FACILITIES.
4.4 Athletic Center Building.
STARFIRE will construct an athletic center building with two indoor soccer
facilities and associated uses to provide training programs, league play, and tournaments
to the youth and adults of the CITY and surrounding areas.
4.5 Fields — Turf.
STARFIRE will construct three new lighted FIFA— sized, championship quality
synthetic turf soccer fields and make these fields available to the youth and adults on
teams from the CITY and surrounding areas.
4.6 Fields — Grass.
4.6.1 STARFIRE will improve and maintain three grass soccer fields
and make these fields available to the youth and adults on soccer teams from the CITY
and surrounding areas.
4.6.2 STARFIRE will maintain for the CITY the existing, northern most
soccer field outside of the PREMISES, consistent with such standards applicable to other
grass soccer fields maintained by STARFIRE within the PREMISES.
AGREEMENT
50367676.02
Page 4of31
4.7 Stadium.
STARFIRE will install new seating, new FIFA -sized championship quality
synthetic turf, and lights for a soccer stadium and make the stadium available to the youth
and adult teams from the CITY and surrounding areas.
4.8 Softball Fields.
STARFIRE may sublease the softball fields to a not - for - profit organization to
enhance and operate the FACILITIES' softball fields and make these fields available to
CITY -based leagues and tournaments, as well as regional and national tournaments.
4.9 Education — Scholarships.
4.9.1 STARFIRE will provide athletic skills, educational and
development programs. STARFIRE will also provide team fee scholarships for
disadvantaged youths from the CITY and surrounding areas.
4.9.2 STARFIRE, as part of it's community involvement program, will
provide scholarships, grants, awards, and other benefits to the underprivileged. The
CITY shall be entitled to designate scholarship recipients up to an aggregate amount
equal to 12% of the amount set aside annually by STARFIRE for such scholarships but
not to exceed $25,000 per year. Amounts not designated by the CITY in a calendar year
shall be available for designation by STARFIRE throughout the community.
Additionally, the CITY may request STARFIRE's consideration of requests in excess of
the amounts set forth in this section for STARFIRE's discretionary scholarship and award
program.
4.10 City 4"' of July Celebration.
STARFIRE will make all outdoor fields within the PREMISES available for use
by the CITY during the annual 4th of July celebration.
4.11 STARFIRE Liaison.
Upon request by CITY, STARFIRE will provide a dedicated contact person and
liaison with the CITY for all permit and license applications, changes, and variances to
complete the FACILITIES in an expedited manner.
4.12 Facilities and Premises.
STARFIRE will be fully responsible for all costs of improvement, operation and
maintenance of the PREMISES, except as described in Section 5, below.
4.12.1 Incidental Uses
AGREEMENT Page 5 of 31
50367676.02
• •
STARFIRE may provide and /or authorize concessions, to include but not be
limited to food and beverages; sale of incidental items directly related to the use of the
FACILITIES including, but not limited to, athletic equipment, clothing, awards and
related merchandise; soap, shampoo, sundries and supplies; and, day- care/babysitting,
fitness, training and gym activities.
4.12.2 Security and Nuisance During Use
STARFIRE shall take reasonable precautions in securing the PREMISES during
the full term of this Agreement. STARFIRE shall use the PREMISES for no unlawful
purposes and shall not use or occupy the PREMISES in any manner, which would
constitute a public nuisance or violate State or CITY laws.
4.12.3 Operating Hours — Activities
The availability of recreational opportunities for CITY residents is a material
consideration for this Agreement. Accordingly and during the full term of this
Agreement, STARFIRE shall continuously conduct and carry on STARFIRE's permitted
uses and shall keep the PREMISES open for business and cause STARFIRE's business to
be conducted therein during the usual business hours of each and every business day as
mutually agreed upon. This provision shall not apply if the PREMISES should be closed
and the business of STARFIRE is temporarily suspended on account of labor strikes,
lockouts, or similar causes beyond the reasonable control of STARFIRE, or for
maintenance, remodeling, repair, or renovation as approved by the CITY in writing
(including approvals of any construction schedules.) STARFIRE covenants and agrees to
provide sufficient personnel, and to keep the PREMISES adequately stocked with
merchandise, recreational equipment, fixtures, and facilities so as to conduct its business
in accordance with sound business practice. STARFIRE, in order to keep its business
commitments, shall be in operation in accordance with sound business practice.
4.13 Entry by CITY.
CITY may enter the PREMISES at all times to inspect; provide services required
hereunder; post notices of STARFIRE's noncompliance with the provisions of this
concession, all without being deemed a constructive eviction. Any person or persons who
may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the
right to use any and all means that CITY deems proper to open doors and gates in an
emergency in order to obtain entry to the PREMISES.
4.14 Health Inspections.
STARFIRE shall not knowingly commit or willfully permit to be committed any
act or thing contrary to the rules and regulations prescribed by the local board of health,
or which shall be contrary to the laws, rules or regulations of any federal, state or
municipal authority. STARFIRE shall allow the King County Health Department to make
AGREEMENT
50367676.02
Page 6 of 31
regular and ordinary inspections of the PREMISES as said health department may deem
proper.
4.15 Maintenance, Repair, & Improvements.
4.15.1 Maintenance
STARFIRE shall, at its sole cost and expense, clean and maintain the PREMISES,
and make repairs, restorations, and replacements to the PREMISES, including without
limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing
systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation
systems, playing surfaces and the fixtures and appurtenances to the PREMISES as and
when needed to preserve them in "first class" condition and repair (less normal wear from
use) throughout the full term. STARFIRE shall further keep in repair and maintain as
necessary all machinery, equipment and facilities necessary for the playing of sports and
the comfort of players. STARFIRE shall paint the exterior of the buildings (except the
metal) with, such frequency as may be required to maintain their good, clean appearance.
All such repairs, restorations, and replacements will be in quality and workmanship at
least equal to the original work or installations. If STARFIRE fails to make such repairs,
restorations, or replacements within ninety (90) days of written notice by CITY, CITY
may make them at the expense of STARFIRE and such expense will be paid by
STARFIRE within fifteen (15) days after delivery of a statement for such expense.
4.15.2 Sidewalks Maintenance
At its sole cost and expense, STARFIRE shall maintain any sidewalks on the
PREMISES in good and presentable condition during the full term of this Agreement,
shall be responsible for correcting any unsafe conditions, and shall be responsible for the
removal of ice and snow from the sidewalks.
4.15.3 Janitorial Services
At its sole cost and expense, STARFIRE shall keep the PREMISES clean, and
shall provide sufficient janitorial services to maintain a tidy appearance on and about the
PREMISES. STARFIRE shall provide landscaping maintenance services such that
landscaping on the PREMISES remains healthy, attractive, and well maintained.
4.15.4 Repair of Damage
In the event any damage or injury shall occur to the PREMISES of any kind or
nature whatsoever, STARFIRE shall promptly cause said damage or injury to be fully
repaired at STARFIRE's own cost and expense. In the event STARFIRE fails to
accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY,
then in that event CITY may, but is not required to, enter the PREMISES and accomplish
such repairs and bill STARFIRE who will pay the bill within fifteen (15) days after
delivery of a statement for such expense.
AGREEMENT Page 7 of 31
50367676.02
4.15.5 Improvements
STARFIRE shall be solely responsible for providing adequate funding for any
alterations or improvements as provided in this Agreement and such alterations or
improvements shall be made without cost to the CITY, except as provided in Section 5.3.
4.15.6 Alterations of PREMISES after Construction
After such time as the PREMISES have been completed and accepted as defined
above, STARFIRE shall not make any material alteration to the PREMISES including
any changes to the landscaping, without the CITY's prior written consent, such consent
to not be unreasonably withheld.
4.16 Signs.
STARFIRE may place and maintain signs upon the PREMISES in accordance
with the sign ordinance of the CITY.
4.17 Utilities.
4.17.1 Utility Services and Expense
STARFIRE will pay for all water, gas, garbage, sewage, electricity, telephone,
and other utilities and communications services used by STARFIRE on the PREMISES,
whether or not such services are billed directly to STARFIRE. STARFIRE will also
procure, or cause to be procured, without cost to the CITY, any and all necessary permits,
licenses, or other authorizations required for the lawful and proper installation and
maintenance upon the PREMISES of utility appurtenances and appliances for use in
supplying such utilities and services to and upon the PREMISES. The CITY, upon
request of STARFIRE, and at the sole expense and liability of STARFIRE, will join with
STARFIRE in any application required for obtaining or continuing any such services,
provided that such services do not violate any other applicable provision of this
Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by
or resulting from any interruption or failure of utility services due to any cause
whatsoever, except the CITY's sole negligence. STARFIRE shall not be entitled to any
offset, reduction, or return of consideration as a result of any interruption or failure of
services.
4.17.2 Trash & Garbage
STARFIRE shall place all trash and garbage into such areas and containers as are
designed and intended to accommodate the trash and garbage generated within or on the
PREMISES. STARFIRE shall not allow trash and /or garbage to accumulate such that a
nuisance or health hazard results.
AGREEMENT Page 8 of 31
50367676.02
4.18 Hazardous Substances.
4.18.1 Definition
As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any
federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in
affect pertaining to environmental protection, contamination, or cleanup.
4.18.2 Information
STARFIRE shall keep upon the PREMISES, in a location accessible to CITY, on
request during normal business hours, copies of all reports regarding hazardous or toxic
materials in the PREMISES that STARFIRE has provided to any governmental agency in
the previous quarter. STARFIRE shall, upon request by CITY and at STARFIRE's
expense, provide CITY with a copy of any such report. In the event of any accident,
spill, or other incident involving hazardous or toxic matter that STARFIRE is required to
report to any governmental agency, STARFIRE shall immediately report the same to the
CITY and supply CITY with all information and reports with respect to the same,
together with STARFIRE's clean-up or remediation plan and schedule. If such clean-up
or remediation plan is not acceptable to CITY in CITY's sole discretion, CITY may so
notify STARFIRE and, upon 48 hours prior written notice (or without notice if so
required by an emergency) may enter on the PREMISES to conduct the cleanup or
remediation and charge STARFIRE the costs thereof. All information described herein
shall be provided to CITY regardless of any claim by STARFIRE that it is confidential or
privileged, provided that the CITY shall not publish or disclose the information to any
third party except as pursuant to Chapter 42.17 RCW.
4.18.3 Indemnification
STARFIRE agrees to hold harmless, protect, indemnify, and defend CITY from
and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs,
resulting from STARFIRE's use, disposal, transportation, generation, and/or sale of any
Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and
defend STARFIRE from and against any damage, loss, claim, or liability, including
attorney's fees and costs, resulting from (a) Hazardous Substances existing on the
PREMISES as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous
Substances thereafter used, disposed of, or generated on the PREMISES by the CITY.
These indemnities will survive the termination of this Agreement, whether by expiration
of the Term or otherwise.
4.19 Risk of Loss.
All personal property of any kind or description whatsoever on the PREMISES
shall be at STARFIRE's sole risk, and CITY shall not be liable for any damage done to,
AGREEMENT Page 9 of 31
50367676.02
•
or loss of, such personal property. However, STARFIRE is not responsible for losses or
claims of stolen property during the CITY's use periods.
Article 5. CITY OBLIGATIONS
5.1 Agreement.
CITY agrees to the terms and conditions of this Agreement.
5.2 Picnic - Play Areas - Stormwater.
The CITY will maintain all existing picnic, barbecue, restrooms, play and other
community- access areas located within the PARK that are not part of the PREMISES,
including water retention facilities and lift stations, consistent with such standards
applicable to other municipal parks owned and operated by the CITY.
5.3 Streets - Parking.
5.3.1 The CITY will maintain all streets, bridges, and parking areas,
including landscaping, located within or adjacent to or providing access to and egress
from the PARK and the PREMISES, consistent with applicable CITY standards.
5.3.2 The CITY will be responsible to provide adequate parking to
support the PREMISES and its operations.
5.4 Levee - Trails.
The CITY will maintain, or cause to be maintained by others, the levee and trails
outside the PREMISES but within the PARK, consistent with applicable CITY and King
County standards.
5.5 Naming Rights - Signs - Zoning.
5.5.1 The CITY grants to STARFIRE all rights to PREMISES naming,
and advertising. Provided, however, the reference "Tukwila," "City of Tukwila," or
other reference to "Tukwila" as approved by the CITY shall be incorporated into names
and signage when feasible. The CITY agrees to work with STARFIRE to modify the
sign code to facilitate appropriate signage for the PREMISES and its events.
5.5.2 The CITY agrees to work with STARFIRE to modify the 'zoning
code to facilitate the development of any FACILITIES not otherwise permitted outright
under the zoning code.
AGREEMENT
50367676.02
Page 10 of 31
5.6 Directional Signs.
The CITY will install directional signage to the FACILITIES as appropriate in
various locations throughout the CITY.
5.7 Liquor License.
The CITY will support STARFIRE obtaining a liquor license for the
FACILITIES through the established City Council approval process.
5.8 Public Safety.
The CITY will provide police and fire services to the PARK and the PREMISES
consistent with applicable CITY standards.
5.9 Permitting.
The CITY will attempt to expedite all permits, licenses and other municipal
approvals required for completion and operation of the FACILITIES.
5.10 City Liaison.
The CITY will provide a dedicated contact person and liaison with STARFIRE
for all permit and license applications, changes, and variances to complete the
FACILITIES in an expedited manner.
5.11 Promotion.
The CITY's tourism and marketing department will use its best efforts to promote
and support the FACILITIES within the business community for the benefit of CITY and
the enhanced recreational use of the PARK.
5.12 Fees and Charges.
CITY grants and authorizes STARFIRE to establish and collect rents, fees and
charges, and retain all revenues, including special event/tournament parking revenues, for
use of FACILITIES; excluding the 4th of July. Provided, however, STARFIRE will be
subject to the City Parking Tax.
Article 6. DESIGN & CONSTRUCTION OF PREMISES
6.1 Design.
6.1.1 STARFIRE shall retain a licensed architect or licensed
professional engineer, registered in the State of Washington, who shall design the
FACILITIES and exterior landscaping (the PREMISES), which shall visually blend with
AGREEMENT
50367676.02
Page 11 of 31
the setting. The CITY shall have the right to approve the final design of the PREMISES
consistent with established CITY zoning and /or design code.
6.1.2 Where required by applicable provisions of law, STARFIRE
shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design,
construction, and operation of the PREMISES.
6.2 Building & Site Plans /Access Easement.
STARFIRE shall retain a licensed architect or licensed professional engineer,
registered in the State of Washington, to prepare building and site plans for the
PREMISES, which shall reference the structure, utilities generally, and landscape plan.
The CITY shall have the right to approve the final building and site plans, such approvals
to not be unreasonably withheld. Upon its approval of the final building and site plans,
the CITY will grant to STARFIRE an access easement from the PREMISES to the public
right -of -way. Upon being granted, the access easement shall run for the term of this
Agreement and shall be part of the PREMISES.
6.3 Construction /Site Work /Fencing.
STARFIRE shall be solely responsible for all development and construction of
the PREMISES and shall be responsible for the site work, all required permits and
grading. STARFIRE shall properly barricade the work area and install signage directing
unauthorized person from entering onto the building site during any phase of
development or construction. Unless otherwise agreed fencing shall be placed around the
work area. In addition, the building site shall be kept in a clean and organized condition
during development periods. STARFIRE shall be responsible for site security, traffic and
pedestrian warnings at the site during the development and construction phases.
6.4 Construction Deadlines.
6.4.1 STARFIRE shall be required to commence development of the
PREMISES within six (6) months of the EFFECTIVE DATE of this Agreement.
Commencement of development of the PREMISES is defined as that date upon which
STARFIRE files its first application for a project permit, as defined in
RCW 36.70B.020(4).
6.4.2 STARFIRE shall be required to complete the development and
construction of the PREMISES within one (1) year of the EFFECTIVE DATE of this
Agreement. Completion of the development and construction of the PREMISES is
defined as that date upon which all final occupancy permits are obtained by STARFIRE
for all structures on the PREMISES.
6.4.3 STARFIRE may phase construction of FACILITIES on the
PREMISES. PROVIDED, within one (1) year of commencement of construction, the
FACILITIES shall have completed construction sufficient to provide, for use under this
AGREEMENT
50367676.02 .
Page 12 of 31
Agreement, athletic and recreation fields in a condition and to an extent in excess of that
provided at PARK as of the EFFECTIVE DATE.
6.5 Failure to Meet Construction Deadlines /Time of Essence.
6.5.1 Except as provided in Section 9.15 herein, it is mutually
understood and agreed that failure by STARFIRE to meet the development and
construction deadlines shall constitute a material breach of this Agreement by
STARFIRE and the CITY, at its option, can terminate this Agreement for cause pursuant
to Article 8. Time is of the essence with this Agreement.
6.5.2 Notwithstanding Section 6.4 and 6.5.1, STARFIRE's obligation
to commence construction shall not begin until the CITY has issued its building permit
for the FACILITIES.
6.6 Stormwater Drainage, Sewer, & Water Lines.
STARFIRE will be responsible for relocating storm drains, sewers, and water
lines to the PREMISES, as required to complete development and construction of the
PREMISES.
6.7 Development and Construction Fees & Expenses.
6.7.1 STARFIRE shall be responsible for obtaining and paying for
necessary permits, fees, and expenses associated with the development and construction
of the PREMISES. In addition, STARFIRE shall be responsible for any additional costs
for inspections billed to the CITY by any government agency, including but not limited
to the City of Tukwila, King County, or the State of Washington.
6.7.2 Notwithstanding Section 6.7.1, STARFIRE shall not be obligated
to pay permit fees, CITY utility connection charges (if any), and expenses, including any
transportation impact or environmental mitigation fees in an aggregate amount in excess
of $100,000.00 excluding utility meter fees. CITY shall be responsible for any such fees
in excess of the amount set forth in this Section 6.7.2.
6.8 Not a Public Works Project.
6.8.1 The development and construction of the PREMISES is not a
public works project requiring the payment of prevailing wages. STARFIRE is the
developer and the CITY is not an owner, partner, joint venturer, nor maintains any other
business relationship with STARFIRE. The CITY is not involved with, nor has any
responsibilities for, the bidding, contracting or operations of the PREMISES and will
occupy no space in or enjoy use of the PREMISES. STARFIRE does not deem itself
required to pay prevailing wages nor will STARFIRE be obligated to pay or to contract
for prevailing wages or any other standard of payment controls associated with this
project. This provision is a material part of the consideration for this Agreement.
AGREEMENT
50367676 02
Page 13 of 31
6.8.2 The project signage and all literature, advertising by either the
CITY or STARFIRE shall not indicate in any manner that this is a CITY project,
contract, or other . misleading statement indicating that this project is a public work project
directly or indirectly.
6.9 No Liens.
Except liens and encumbrances of any lender pursuant to Article 6 herein, it is
mutually understood and agreed that STARFIRE shall have no authority, express or
implied, to create or place any lien or encumbrance of any kind or nature whatsoever
upon, or in any manner to bind, the interest of the CITY in the fee interest in the
PREMISES retained by CITY or the PARK, or to charge the rentals payable hereunder
for any claim in favor of any person dealing with STARFIRE, including those who may
furnish materials or perform labor for any construction or repairs, and each such claim
shall affect and each such lien shall attach to, if at all, only the right and interest granted
to STARFIRE by this Agreement. If any such liens are filed, CITY may, without
waiving its rights and remedies for breach, and without releasing STARFIRE from its
obligations hereunder, require STARFIRE to post security in form and amount
reasonably satisfactory to CITY or cause such liens to be released by any means CITY
deems proper, including payment in satisfaction of the claim giving rise to the lien.
STARFIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens.
Further, STARFIRE agrees that it will save and hold the CITY harmless from any and all
loss, cost, or expenses based on or arising out of the asserted claims or liens, except those
of the lender, against this Agreement or against the right, title, and interest of the CITY in
the PREMISES and the PARK or under the terms of this Agreement, including
reasonable attorney's fees and costs incurred by CITY in removing such liens, and in
enforcing this paragraph. Additionally, it is mutually understood and agreed that this
paragraph is intended to be a continuing provision applicable to future repairs and
improvements after the initial construction phase.
6.10 Insurance and Indemnification Requirements During Construction.
6.10.1 Indemnification / Hold Harmless
STARFIRE shall require its construction contractors and subcontractors to
defend, indemnify and hold the CITY, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the CITY.
6.10.2 Commercial General Liability Insurance
STARFIRE shall require its construction contractors to procure and maintain, for
the duration of construction of the facility, insurance against claims for injuries to persons
or damage to property, which may arise from or in connection with the performance of
AGREEMENT
50367676.02
Page 14of31
•
the work hereunder by the construction contractors and subcontractors, their agents,
representatives, employees or subcontractors. All said policies shall name the City of
Tukwila as an additional named insured and shall include a provision prohibiting
cancellation or reduction in the amount of said policies except upon thirty (30) days prior
written notice to the CITY. STARFIRE shall require its construction contractors to
maintain minimum commercial general liability insurance limits of no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
6.10.3 Builders Risk Insurance
STARFIRE shall require its construction contractors to procure and maintain, for
the duration of construction of the facility, Builders Risk insurance covering interests of
the CITY and the construction contractor in the work. Builders Risk insurance shall be
on a all -risk policy form and shall insure against the perils of fire and extended coverage
and physical loss or damage including flood and earthquake, theft, vandalism, malicious
mischief, collapse, temporary buildings and debris removal. This Builders Risk
insurance covering the work will have a deductible of $5,000 for each occurrence, which
will be the responsibility of the construction contractor. Higher deductibles for flood and
earthquake perils may be accepted by the CITY upon written request by STARFIRE and
written acceptance by the CITY. Any increased deductibles accepted by the CITY will
remain the responsibility of the construction contractor. The Builders Risk insurance
shall be maintained until final acceptance of the work by STARFIRE. STARFIRE shall
require its construction contractors to maintain Builders Risk insurance in the amount of
the completed value of the project with no coinsurance provisions.
6.10.4 Subcontractors
STARFIRE shall require its construction contractors to include all subcontractors
as insureds under its policies or shall furnish separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be subject to all of the same
insurance requirements as stated herein for the construction contractor.
6.10.5 Verification of Coverage
STARFIRE shall furnish the CITY with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the Commercial General Liability insurance of the construction
contractor before commencement of the work. Before any exposure to loss may occur,
STARFIRE shall file with the CITY a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related
to this project.
AGREEMENT
50767676.02
Page 15 of 31
Article 7. FINANCING & SECURITY INTERESTS
7.1 Financing - No CITY Obligation.
STARFIRE shall be solely responsible for all financing requirements for all
construction, maintenance, repairs, or subsequent improvements to the PREMISES. The
CITY shall be under no obligation directly or indirectly to pay for any labor, material, or
improvement associated with the PREMISES except as provided herein or mutually
agreed upon. STARFIRE shall, in applying and obtaining financing, inform any lender
that the CITY has no financial obligations associated with the construction, maintenance,
repairs or subsequent improvements to the PREMISES.
7.2 Mortgages - Generally.
STARFIRE, and its successors and assigns, shall have the unrestricted right to
mortgage its interests under this Agreement, subject, however, to the limitations herein.
As used herein, "Leasehold Mortgage" shall include any such mortgage(s) or deed(s) of
trust on the Estate created by this Agreement; "Purchase Money Mortgage" shall include
any Mortgage granted to STARFIRE (or STARFIRE's successors) in connection with the
sale of the interest in this Agreement; and "Estate" shall mean the estate of STARFIRE
created by this Agreement upon and subject to all the terms and conditions of this
Agreement. Any such Mortgage shall be subject to the rights of CITY hereunder in
accordance with all the terms and conditions of this Agreement. In no circumstances and
under no condition shall CITY's fee interest in the PARK be encumbered by, subject to
or subordinate to a Mortgage.
7.3 Security Interest in PREMISES & Agreement /Consent.
The CITY consents to the grant, transfer, pledge and assignment of any and all
right, title, claim, interest of STARFIRE in and to this Agreement and in the PREMISES,
and in any building facility, personal property and fixtures in the PREMISES
( "Collateral ") to lender for financing purposes. The CITY shall recognize lender's first
priority security interest in the Collateral and the CITY hereby subordinates any and all
interest of the CITY in said Collateral to lender. STARFIRE acknowledges that the
CITY will not grant any security interest to any lender in CITY real property nor will the
CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner
on its title to CITY real property. In the event of default by STARFIRE to lender, in
addition to all its rights and remedies available at law and equity, lender may enforce
and/or foreclose its security interest/interests in the Collateral. CITY agrees that in
connection with any such default, and all without further consent of CITY, lender may:
7.3.1 Acquire STARFIRE's interest in the Collateral either by a deed
in lieu of foreclosure or actual foreclosure;
AGREEMENT
50367676.02
Page 16 of 31
• •
7.3.2 Rent and /or grant a ground and use concession of the
PREMISES subject to this Agreement pending foreclosure of the Collateral by lender;
7.3.3 Assign, sell and /or transfer the Collateral in whole or in part to
any person or entity;
7.3.4 Take possession of any or all of the Collateral, obtain right of
substitution for STARFIRE and operate said Collateral; and/or
7.3.5 Appoint a receiver.
7.4 LENDER's Reliance on Term.
The CITY acknowledges that STARFIRE, in making application for financing,
may be required to have an assurance that the terms of this Agreement will extend
beyond the term of the financing term. By its signature to this Agreement, the CITY
confirms its authority to provide the forty (40) year Agreement term conditioned solely
upon STARFIRE maintaining current payments and remaining in full compliance with
the terms and conditions of this Agreement. Additionally, the CITY acknowledges that,
after any original financing commitments by STARFIRE have been satisfied, these
financing provisions shall be applicable to all future advances or financing required by
STARFIRE and used solely for the improvements and repairs of the PREMISES.
7.5 Surrender of the Collateral.
No surrender of Collateral or the PREMISES subject to this Agreement or any
other act of STARFIRE shall be deemed to terminate this Agreement. CITY will not
terminate this Agreement voluntarily by agreement with STARFIRE unless lender has
been previously notified in writing and has consented to the termination in writing. This
Agreement shall not be amended or modified unless lender has been previously notified
in writing and has consented to such amendment or modification in writing.
7.6 Notice of Default and Lender's Rights.
7.6.1 Notice of Default
If STARFIRE defaults under this Agreement or if any event occurs which would
give CITY the right to terminate, modify, amend or shorten the term of this Agreement,
CITY shall take no steps to exercise any right it may have under this Agreement without
first giving lender written notice of such default in accordance with Article 7.12 below.
A copy of each and every notice of default served or sent by CITY or its agent to or upon
STARFIRE pursuant to this Agreement shall be sent contemporaneously to lender in
accordance with Article 7.12 below. Such notice of default shall specify the event or
events of default then outstanding and the time period at the end of which the indicated
action would become effective.
AGREEMENT Page 17 of 31
50367676.02
7.6.2 Termination for Monetary Default
If the notice of default given by CITY to lender relates to a monetary default and
STARFIRE has not cured such monetary default within thirty (30) days after lender
receives the notice and STARFIRE's failure to cure results in CITY desiring to terminate
this Agreement, CITY may terminate this Agreement if such monetary default is not
cured by either STARFIRE or lender within forty -five (45) days after lender receives the
notice of default.
7.6.3 Termination for Non - Monetary Default
If the notice of default given by CITY to lender relates to a non- monetary default
and STARFIRE has not cured, or diligently pursued curing, such non - monetary default
within thirty (30) days after lender receives the notice, CITY shall take no action to
terminate this Agreement if:
a. Within sixty (60) days after CITY's notice to lender regarding STARFIRE's
failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its
intent to realize upon its security interest and commences realization within sixty
(60) days thereafter, and diligently pursues realization; and
b. Lender pays CITY at time of notification all monies or performances due that
may be in default up to the day lender notifies CITY of lender's intent and further
pays or performs all consideration that accrues during the period after lender so
notifies CITY and completes such other performances that may be required or
come due under this Agreement.
CITY shall not terminate this Agreement because of STARFIRE's breach of any terms of
this Agreement relating to the solvency of STARFIRE or the institution of any
bankruptcy, insolvency, receivership or related action by or against STARFIRE as long
as lender cures any default under this Agreement by STARFIRE as provided herein,
except that lender shall not be required to cure any defaults relating to solvency of
STARFIRE.
7.7 Right to Assign.
Lender shall have the right to assign its interest in the Collateral. Upon the
purchaser's, assignee's or transferee's assumption and agreement to perform and be
bound by all of the terms of this Agreement, lender shall be relieved from further liability
under this Agreement. If a lender finances the purchaser, assignee or transferee, said
lender shall be subject to all obligations as set forth in this Agreement.
7.8 Disposition of Insurance.
Should the Collateral suffer any loss which is covered by casualty insurance, and
the insurance proceeds are used to restore any improvements made by STARFIRE, CITY
AGREEMENT
50367676.02
Page 18 of 31
•
agrees that STARFIRE and lender shall have the right to such proceeds so long as none
of CITY'S property, utilities or other services therein are damaged or such damages are
repaired. In the event the CITY's land is substantially damaged and STARFIRE's
improvements have been repaired, CITY shall only participate in the insurance proceeds
to the extent necessary to repair and restore CITY's land and any of CITY's
improvements on or in the ground to the same condition the land was at the
commencement of this Agreement, or in the same condition at the time of the casualty.
Other than as described herein, CITY shall have no claim to insurance proceeds that are
attributable to STARFIRE's interest in the Collateral.
7.9 Right to Participate in Litigation.
Lender shall have the right to participate in any litigation, arbitration or dispute
directly affecting the Collateral or interest of STARFIRE or lender therein, including,
without limitation, any suit, action, arbitration proceeding, condemnation proceeding or
insurance claim. CITY, upon instituting or receiving notice of any such litigation,
arbitration or dispute will promptly notify lender of the same.
7.10 Incorporation of Lender's Protection Provisions.
Lender shall be a beneficiary of all rights of STARFIRE herein including but not
limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and
attorney's fees as provided herein.
7.11 Right to Remove Collateral.
In the event lender exercises its rights under its Collateral and realizes upon the
Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not
limited to building facility, furniture, movable trade fixtures and equipment, from the
PREMISES at any reasonable time and that the Collateral shall remain personal property
even though the trade fixtures may be affixed to or placed upon the PREMISES. In the
event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or
interest in the Collateral.
7.12 Notices.
All notices, copies of notices, consents or other communications to lender given
under this Agreement to lender must be in writing and shall be effective when received.
Such communications shall be given in person to an officer of lender, addressed to lender
at an address as provided by lender.
AGREEMENT Page 19 of 31
50367676.02
Article 8. TERMINATION
8.1 Failure to Perform.
8.1.1 Obligation to Perform
Nothing herein shall imply any duty upon CITY to do any work, which under any
provision of this concession STARFIRE may be required to perform, and the
performance thereof by CITY shall not constitute a waiver of STARFIRE's default.
CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in
its activities in the PARK, however shall not permit a loss of business, or other damage to
STARFIRE by reason of its actions pertaining to the PARK.
8.1.2 Payments to Other Parties
Except as otherwise expressly provided hereunder, all obligations of STARFIRE
under this Agreement will be performed by STARFIRE at STARFIRE's sole cost and
expense. If STARFIRE fails to pay any sum of money owed to any party other than
CITY for which STARFIRE is liable hereunder, or if STARFIRE fails to perform any
other act on its part to be performed hereunder, and such failure continues for ten days
after notice thereof by CITY, CITY may, without waiving or releasing STARFIRE from
its obligations, make any such payment or perform any such other act to be made or
performed by STARFIRE. STARFIRE shall pay CITY, on demand, all sums so paid by
CITY and all necessary incidental costs, together with interest thereon at the lesser of 1'Y2
percent per month or the maximum rate permissible by law, from the date of such
payment by CITY.
8.2 Default.
8.2.1 CITY's Default
CITY will not be in default unless CITY fails to perform an obligation within
sixty (60) days after notice by STARFIRE, which notice must specify the alleged breach;
provided that if the nature of CITY's obligation is such that more than sixty (60) days are
reasonably required for cure, then CITY will not be in default if CITY commences to
cure within sixty (60) days of STARFIRE's notice and thereafter diligently pursues
completion and completes performance within a reasonable time.
8.2.2 STARFIRE's Default
The occurrence of any one or more of the following events constitutes a default
under this Agreement by STARFIRE: (1) STARFIRE shall be in default of the
performance of any covenants, conditions, or provisions of this Agreement, other than the
covenants for the payment of consideration required by this Agreement, where such
failure continues for a period of sixty (60) days after written notice is given by CITY
provided that if the nature of STARFIRE's obligations is such that more than sixty (60)
AGREEMENT
50367676.02
Page 20of31
• •
days are reasonably required for cure, STARFIRE will not be in default if STARFIRE
commences to cure within sixty (60) days of CITY's notice and thereafter diligently
pursues completion and completes performance within a reasonable time; or (2)
STARFIRE shall be adjudged a bankrupt, make a general assignment for the benefit of
creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee
in bankruptcy shall be appointed for STARFIRE's estate and such appointment is not
vacated within sixty (60) days; or (3) PREMISES become vacant or deserted for a period
of sixty (60) days; or (4) if this Agreement shall be assigned or the PREMISES sublet
other than in accordance with the terms of this AGREEMENT and such default is not
cured within thirty (30) days after written notice to STARFIRE; or (5) STARFIRE shall
fail to make any payment when due, or fail to make any other payment required
hereunder when due, when that failure is not cured within thirty (30) days after mailing of
written notice thereof by CITY.
8.2.3 Default for Other Cause
This Agreement may be immediately terminated for other cause by a party if the
other party substantially fails to perform its obligations under this Agreement, through no
fault of the terminating party, and the non - performing party does not commence
correction of the failure of performance within sixty (60) days of the terminating party's
sending notice to the non - performing party.
8.3 Remedies Are Cumulative.
Remedies under this Agreement are cumulative; the failure to exercise on any
occasion any right shall not operate to forfeit such remedy.
8.4 Destruction of PREMISES & Use of Insurance Proceeds.
8.4.1 Unless otherwise mutually agreed by the PARTIES, in the event
the PREMISES are destroyed or injured by fire, earthquake, or other casualty, then
STARFIRE shall proceed to rebuild and restore the PREMISES, or such part thereof as
may be injured as aforesaid. In the event of any loss covered by the insurance policies
described and required pursuant to Article 9.5.1 herein, unless this Agreement shall be
terminated as provided herein, the proceeds of such insurance policies shall be used by
STARFIRE first to rebuild and restore the PREMISES and replace the improvements,
fixtures, and equipment, which may be damaged or destroyed by such casualty.
8.4.2 Notwithstanding the forgoing, in the event the PREMISES are
destroyed by fire, earthquake or other casualty STARFIRE may elect to restore the
PREMISES to a condition equivalent to or better than existed as of the EFFECTIVE
DATE, and terminate the AGREEMENT without further obligation except as otherwise
provided in this Agreement.
AGREEMENT
50367676.02
Page 21 of 31
8.5 Duties upon Termination.
Upon termination of this agreement, and unless otherwise arranged, STARFIRE
shall remove from the PARK all its personal property, goods, and effects. In the event
that STARFIRE fails to perform this duty at termination, the CITY may cause such
removal to be made and said personal property, goods, and effects to be stored, the cost
and expense to be paid by STARFIRE. It is mutually understood and agreed that the real
property constituting the PREMISES of this Agreement is the real property of the CITY
and that all improvements to said real property shall revert to the CITY at the termination
of this Agreement.
8.6 Eminent Domain.
The following rules shall govern the rights and duties of the PARTIES in the
event of interference with STARFIRE's use on possession of the PREMISES as a result
of the exercise of eminent domain or private purchase in lieu thereof.
8.6.1 Rights of Termination
If the whole of the PREMISES shall be taken for any public or quasi - public use
under any statute or by right of eminent domain, or by private purchase in lieu thereof,
then this Agreement shall automatically terminate as of the date that title shall be taken.
if more than twenty -five percent (25 %) of the PREMISES shall be so taken and if the
taking renders the remainder thereof unusable for the purposes for which the PREMISES
were concessioned, then CITY and STARFIRE shall each have the right to terminate this
Agreement on thirty (30) days notice to the other given within ninety (90) days after the
date of such taking. Provided, however, that if the CITY is exercising its rights of
eminent domain, a fair value shall be placed on this Agreement and the PREMISES with
the compensation thereof awarded solely to STARFIRE, or lender pursuant to its security
interest, if any.
8.6.2 Non - Termination
If any part of the PREMISES shall be so taken and this Agreement is not
terminated, then the CITY shall, at its own cost and expense, restore the remaining
portion of the PREMISES to the extent necessary to render it reasonably suitable for the
purposes for which it was concessioned.
8.6.3 Compensation
The compensation awarded or paid upon such a total or partial taking of the
PREMISES and/or this Agreement shall belong to and be apportioned between the CITY
and STARFIRE in accordance with their respective interests under this Agreement as
determined by a court of competent jurisdiction. Additionally, STARFIRE may prosecute
any claim directly against the condemning authority for the costs of removal of the
goodwill, stock, trade fixtures, furniture and other personal property belonging to
AGREEMENT
50367676.02
Page 22 of 31
• •
STARFIRE. CITY shall have no claim to condemnation proceeds that are attributable to
STARFIRE's interest in the Collateral, nor shall lender have any interest in CITY's
condemnation proceeds, if any.
Article 9. GENERAL CONDITIONS
9.1 Relationship of PARTIES.
9.1.1 Independent Status
The PARTIES intend that an independent relationship shall be created by this
Agreement. Nothing contained herein shall create the relationship of principal and agent
or of partnership or of joint venture between the parties hereto, and neither the method of
computation of consideration nor any other provision contained herein shall be deemed to
create any relationship between the parties hereto other than the relationship of CITY as
granting a ground and use concession to STARFIRE. STARFIRE has the experience,
ability, and resources to develop and operate the FACILITIES and is performing
independent functions and responsibilities within its field of expertise. STARFIRE, its
personnel and agents are independent contractors and not employees of the CITY. No
agent, employee, servant, or representative of STARFIRE shall be deemed to be an
employee, agent, servant or representative of the CITY. STARFIRE and its personnel
have no authority to bind the CITY or to control the CITY's employees. As an
independent contractor, STARFIRE is responsible for its own management. The CITY's
administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over STARFIRE or its personnel.
9.1.2 No Third Party Rights Created
It is mutually understood and agreed that this Agreement is solely for the benefit
of the PARTIES hereto and gives no right to any other party except as provided by
Article 7 herein.
9.1.3 Joint Venture /Partnership
It is mutually understood and agreed that no joint venture or partnership is formed
as a result of this Agreement.
9.2 Notices.
Except as provided in Article 7 herein, any notice required or permitted hereunder
must be in writing and will be effective upon the earlier of personal delivery or three days
after being mailed by certified mail, return receipt requested, addressed to STARFIRE or
to CITY at the address for that party designated herein. Either party may specify a
different address for notice purposes by written notice to the other, except that CITY may
in any event use the PREMISES as STARFIRE's address for notice purposes. All notices
shall be delivered to the following addresses:
AGREEMENT
50367676.02
Page 23 of 31
CITY Address
City of Tukwila
Attn: City Administrator
6200 Southcenter Boulevard
Tukwila, WA 98188
9.3 Reports & Information.
STARFIRE Address
Starfire Sports
Attn: Christopher Slatt
P.O. Box 48299.
Burien, WA 98148 -0299
When requested by the CITY, STARFIRE shall furnish periodic reports and
documents on matters covered by this Agreement. The reports and documents shall be
furnished in the time and form requested. STARFIRE shall maintain accounting records
in accordance with Generally Accepted Accounting Principles (GAAP) for non - profit
entities.
9.4 Permits, Licenses, Taxes, & Fees.
9.4.1 Permits, Licenses, & Other Documents
STARFIRE shall possess a current Tukwila Business License and shall obtain all
regulatory licenses and permits, including all construction and building permits,
necessary to fulfill STARFIRE's obligations under this Agreement at STARFIRE's sole
expense. Each party agrees to execute such additional or other documents as may be
required to fully implement the intent of this Agreement.
9.4.2 Taxes & Fees
As an independent contractor, STARFIRE shall be solely responsible for all taxes,
fees and charges incurred, including but not limited to license fees, business and
occupation taxes, workers' compensation and unemployment benefits, all federal, state,
regional, county and local taxes and fees, including income taxes, property taxes, permit
fees, operating fees, surcharges of any kind that apply to any and all persons, facilities,
property, income, equipment, materials, supplies or activities related to STARFIRE's
obligations under this Agreement.
9.4.3 Leasehold Excise
CITY shall be responsible for payment of leasehold excise tax, if any, under this
Agreement.
9.4.4 Admissions Tax
The CITY acknowledges that STARFIRE, as a non - profit entity, is not subject to
the CITY's admissions .tax. In the event the CITY's admissions tax is made applicable to
non - profit entities, including STARFIRE, all amounts collected and paid by STARFIRE
AGREEMENT Page 24 of 31
50367676.02
• •
to CITY as admissions taxes shall be a credit against (i.e., deducted from) amounts
otherwise payable by STARFIRE to CITY under this Agreement.
9.5 Insurance.
9.5.1 Fire, Earthquake, & Casualty Insurance
STARFIRE agrees that, at all times during the full term of this Agreement and at
its own expense, STARFIRE shall, at its sole cost and expense, maintain in full force and
effect adequate fire, flood, earthquake, and other casualty coverage covering the
PREMISES and its contents, including all personal property, fixtures, and improvements.
Such policy shall include a replacement cost endorsement. STARFIRE shall obtain and
file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage.
All such insurance coverage shall include a thirty -day cancellation notice to STARFIRE
and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the
PREMISES to its pre - casualty condition.
9.5.2 Liability Insurance
Prior to the commencement date of this Agreement, STARFIRE, at its own
expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance
evidencing commercial general liability insurance coverage ( "CGL ") providing coverage
of at least $1,000,000 per occurrence and $1,000,000 general aggregate. This Certificate
of Insurance shall be subject to approval by the CITY's Risk Manager as to company,
terms and coverage, and said approval shall not be unreasonably withheld. The CGL
shall name the CITY as an additional insured and must fully protect the CITY from any
and all claims and risks and losses in connection with any activities or omissions by
STARFIRE by virtue of this Agreement. The CGL policy shall remain in full force and
effect at STARFIRE's sole expense for liability for property damage or personal injury
that may occur in connection with activities or omissions by STARFIRE, and provide
coverage for the full term of this Agreement. STARFIRE shall insure that the CITY's
Risk Manager is given thirty - calendar days prior written notice, by certified mail, of any
cancellation, lapse, reduction or modification of such insurance.
9.5.3 Release and Waiver of Subrogation
Any policy of insurance carried by either CITY or STARFIRE pursuant to any
obligation under this Agreement, shall, to the extent available, contain a waiver of
subrogation clause on the part of the insurer. Such waiver shall apply to damages to
adjacent property. Notwithstanding any other provision of this Agreement, neither CITY
nor STARFIRE shall be liable to the other party or to any insurance company (by
subrogation or otherwise) insuring the other party for any loss or damage to any building,
structure or tangible personal property of the other occurring in or about the PREMISES
or PARK, even though such loss or damage might have been occasioned by the
negligence of such party, its agents or employees, if such loss or damage is covered by
property insurance issued by an insurance carrier authorized or licensed by the Insurance
AGREEMENT
5036767602
Page 25 of 31
• •
Commissioner of the State of Washington to issue lines of insurance, benefiting the party
suffering such loss or damage or was required under the terms of this Agreement to be
covered by insurance by the party covering the loss.
9.6 Hold Harmless, Indemnification, & Industrial Insurance.
9.6.1 Hold Harmless & Indemnification
Each party hereto agrees to be responsible and assumes liability for its own
wrongful or negligent acts or omissions, or those of its officers, agents, or employees to
the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold
the other party harmless against all liability, loss, damages, and expenses, including costs
and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have
arisen, in whole or in part, out of or in consequence of the acts or failures to act of the
other party, its employees, its subcontractors, its agents, or its assigns, which arise in any
way out of the performance of this Agreement. In the case of negligence of both the
CITY and STARFIRE, any damages allowed shall be levied in proportion to the
percentage of negligence attributable to each party, and each party shall have the right to
seek contribution from the other party in proportion to the percentage of negligence
attributable to the other party.
9.6.2 Industrial Insurance
The PARTIES have specifically negotiated STARFIRE's waiver of its immunity
under Title 51 RCW, which is hereby waived for purposes of STARFIRE's
indemnification and hold harmless of the CITY, including the duty to defend. This
provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially
found to arise solely from the acts or failures to act of the CITY.
9.7 Successors & Assigns.
9.7.1 The CITY and STARFIRE each agree to be bound to the other
party in respect to all covenants, agreements, and obligations contained in this
Agreement. Except as provided in Article 7 and 9.7.2 herein, neither party shall assign
the Agreement in part or as a whole, without the written consent of the other. Except as
provided in Article 4.8 herein, STARFIRE shall not sublease any of the PREMISES,
without written notice to and approval of the CITY.
9.7.2 The CITY acknowledges that STARFIRE is authorized under
this Agreement, without further CITY approval, to enter into space leases, rental
agreements, and /or grant sub - concessions within the PREMISES for individual facility
operations; food and beverage services; athletic equipment operation, sales and service;
and, similar supporting concessions consistent with Section 4.12.1.
9.7.3 When requested, approval by the CITY of a subcontract or
assignment shall not be unreasonably withheld.
AGREEMENT
50367676.02
Page 26 of 31
9.7.4 In the event of an assignment, subcontracting, or delegation of
duties, STARFIRE shall remain responsible for the full and faithful performance of this
Agreement and the assignee, subcontractor, or other obligor shall also become
responsible to the CITY for the satisfactory performance of the services, facilities, or
equipment assumed. The CITY may condition approval upon the delivery by the
assignee, subcontractor, or other obligor of its covenant to the CITY to fully and
faithfully complete the requirements or responsibility undertaken under this Agreement.
9.7.5 Notwithstanding the foregoing, provided STARFIRE is not in
default, STARFIRE may assign its interest in this Agreement without seeking CITY's
consent to a parent or subsidiary. Except as otherwise provided herein, all of the
covenants, conditions, and provisions of this Agreement are binding upon and inure to
the benefit of the PARTIES and their respective heirs, personal representatives,
successors, and assigns.
9.8 Bankruptcy.
Except as provided in Article 7 herein, PARTIES agree that if STARFIRE is
adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the
option of the CITY, may be terminated effective on the day and at the time the
bankruptcy petition is filed.
9.9 Compliance with Laws.
STARFIRE, its officers, employees, and agents shall comply with applicable
federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in
performing its obligations under this Agreement. Such compliance shall include abiding
by all applicable federal, state and local policies to ensure equal employment opportunity
based on ability and fitness to all persons regardless of race, creed, color, national origin,
religion, sex, physical handicaps or age. STARFIRE shall comply with applicable laws
pertaining to employment practices and employee treatment. Conditions of the Federal
Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety
and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts
must be complied with. STARFIRE agrees to indemnify and hold harmless the CITY
from all damages assessed for STARFIRE's failure to comply with the Acts and
Standards issued thereunder. STARFIRE is also responsible for meeting all pertinent
local, state and federal health and environmental regulations and standards applying to
any operation in the performance of this Agreement.
9.10 Nondiscrimination.
PARTIES shall not discriminate in employment or services to the public on the
basis of race, color, national origin, sex, religion, age, marital status, or disability, except
for employment actions based on bona fide occupational qualification.
AGREEMENT
50367676.02
Page 27 of 31
9.11 Choice of Law & Venue.
This Agreement shall be interpreted according to the laws of the State of
Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in King County Superior Court. '
9.12 Costs & Attorneys' Fees.
In any action brought to enforce any provision of this Agreement, including
actions to recover sums due or for the breach of any covenant or condition of this
Agreement, or for the restitution of the PREMISES to the CITY or eviction of
STARFIRE during the term or after expiration thereof, the substantially prevailing party
shall be entitled to recover from the other party all reasonable costs and reasonable
attorney's fees incurred, including the fees of accountants, appraisers, and other
professionals, at trial or on appeal, and without resort to suit.
9.13 Modification.
This Agreement may only be modified by written instrument signed by both
PARTIES.
9.14 Change in Law /Renegotiation.
The PARTIES agree that changes in federal, state or local laws or regulations that
materially modify the terms and conditions of the Agreement and result in a detrimental
change in circumstances or a material hardship for either party in performing this
Agreement may be the subject of a request by a requesting party to renegotiate this
Agreement or negotiate Agreement amendments and the responding party agrees to
renegotiate fairly with the requesting party.
9.15 Force Majeure.
Provided that all other requirements of this Agreement are met, any party shall not
be deemed to be in default and shall not be liable for failure to perform under this
Agreement if that party's performance is prevented or delayed by acts of God including
landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil
disturbances strikes or labor interference, acts of the public enemy, wars, blockades,
public riots, breakage, explosions, accident to machinery, equipment or materials,
unavailability of required materials, governmental restraint or other causes, whether of
the kind enumerated or otherwise, which are not reasonably within the control of that
obligated party ( "Force Majeure"). If as a result of a Force Majeure event, an obligated
party is unable wholly or partially to meet its obligations under this Agreement, it shall
give the other party promptly written notice of the Force Majeure event, describing it in
reasonable detail. The obligated party's obligations under this Agreement shall be
suspended, but only with respect to the particular component of obligations affected by
the Force Majeure and only for the period during which the Force Majeure exists.
AGREEMENT Page 28 of 31
50 ?67676.02
9.16 Waiver.
Failure to enforce any provision of this Agreement shall not be deemed a waiver
of that provision. No waiver of any right or obligation of either party hereto shall be
effective unless in writing, specifying such waiver, executed by the party against whom
such waiver is sought to be enforced. Waiver of any right or power arising out of this
Agreement shall not be deemed waiver of any other right or power.
9.17 Illegal Provisions - Severability.
Should any part of this Agreement be found void, illegal, or unenforceable, the
balance of the Agreement shall remain in full force and effect.
9.18 Article Headings, Gender, & Number.
Article paragraph headings are not to be construed as binding provisions of this
concession; they are for the convenience of the PARTIES only. The masculine,
feminine, singular and plural of any word or words shall be deemed to include and refer
to the gender and number appropriate in the context.
9.19 Entire Agreement.
This Agreement and its Exhibits constitutes the entire agreement between the
PARTIES, and the PARTIES acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
9.20 Counterparts.
This Agreement may be executed simultaneously in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument.
9.21 Recording.
Upon the execution of this Agreement the CITY will cause this Agreement to be
recorded with the land use records of King County, Washington.
IN WITNESS WHEREOF, this Agreement has been entered into between the
City of Tukwila and Starfire Sports as of the lst day of March, 2003.
AGREEMENT
50367676.02
STARFIRE SPORTS
a not - for - profit Washington corporation
By:
Page 29 of 31
•
Christopher G. Slatt, Chairman Y)raS 6d c'
CITY OF TUKWILA
a Washington municipal corporation
By:
APPROVED AS TO FORM:
City Attorney
ATTEST:
ty Clerk
LIST OF EXHIBITS
Steven M. Mullet, Mayor
Exhibit A — Description of PREMISES
Exhibit B — Preliminary Building and Site Plans
Exhibit C — Starfire Sports FACILITIES
Exhibit D — Legal Description of PARK
AGREEMENT Page 30 of 31
50{67676.02
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that STEVEN M. MULLET is
the person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that a was authorized to execute the instrument and
acknowledged it as the Mayor 'o the CITY OF TUKWILA to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Given under my N S ,gpicial s
t,OTARY �9 : oi
in•
PUBLIC
I. 4)4 A294!..:
OF w
STATE OF WA`ANN -T 5N) .
) ss.
COUNTY OF KING
eal this W day d
, 2003.
Type /Print Name /tie EiV til S eq-4. 77.4
Notary Public in and for the
State of Washington residing at
My Commission expires
—3
On this
2.0 day of t Q��1,L_ , 20(),l! before rref_rson.411� �' p�ea�e
CHRISTOPHER G. SLATT, to me known to e the CHAIRMANNof STA F R
SPORTS, a not - for - profit Washington corporation, that executed the within and
foregoing instrument and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute and in fact executed said instrument on behalf of
the corporation.
Given under..n,ly,4kkidand official
NNIS \0
% �Q- ; �g81 OIyF,� i� Ill
i ie oc TARy G f
io
l ' PUBLIC
1t :;29:06.
%';kWAStI
seal this ad day of 2,44,C /t &i . , 2003.
Type /Print Nam evj jL) t' �-0Z% i-S ei`il--/Ini
Notary Public in and for the
State of Washington residing a )
My Commission expires 2. .l /G: G-
AGREEMENT Page 31 of 31
50167676.02
EXHIBIT A
Description of PREMISES
The PREMISES consist of the FACILITIES (as defined at Exhibit C) and exterior
landscaping but does not include the fee ownership of the PARK real property (see
Exhibit D) upon which the PREMISES are located, and as more particularly described as
follows:
THE PREMISES SHALL BE THAT PORTION OF THE REAL PROPERTY
DESCRIBED IN EXHIBIT D TO THE AGREEMENT BETWEEN CITY AND
STARFIRE (EFFECTIVE MARCH 1, 2003, "AGREEMENT "), AS MORE
PARTICULARLY SHOWN IN EXHIBIT B TO THE AGREEMENT AS THAT
PROPERTY WITHIN THE DASHED LINES AND MORE GENERALLY
DESCRIBED IN SAID EXHIBIT B AS "SOFTBALL COMPLEX," "STARFIRE
ATHLETIC CENTER, [TOGETHER WITH] FIELDS 1,2,3 AND 4," AND " FIELDS
5,6 AND 7."
CITY AND STARFIRE AGREE THAT A MORE COMPLETE DESCRIPTION OF
THE PREMISES SHALL BE DEVELOPED AND ADDED TO THIS EXHIBIT A, AS
NECESSARY TO IMPLEMENT THE AGREEMENT AND UPON REQUEST BY
EITHER PARTY.
AGREEMENT
50367676.02
Exhibit A
SOFTBALL coiPLE)f
MAINTENANCE FACILITIES
/ Vi
ACCESS
BRIDGE
Exhibit 'B' - Preliminary
Building & Site Plan
STARFIRE FACILRY BOUNDARY
/
/
/
LEGVEE REEN
/
/
/
Cf /
1
r
1
EXIST1N
ARTWORK
GREEN RIVER
GREEN RIVE
LEVEE .
\ XIST1NG
ACCESS
BRIDGE
AGREEMENT
50367676.02
Exhibit B
EXHIBIT C
STARFIRE SPORTS FACILITIES
The FACILITIES will be comprised of 13 athletics fields, consisting of an athletic center
building housing two indoor soccer fields, and associated facilities, one outdoor soccer
stadium field, six outdoor soccer fields, and four or more softball fields and other athletic
and recreational facilities that may be developed in conjunction therewith.
The FACILITIES may provide on the PREMISES for a range of field sports and
community events, including but not limited to soccer, softball and baseball, rugby,
lacrosse, and cricket.
AGREEM ENT
50367676.02
Exhibit C
EXHIBIT D
Legal Description of PARK
Filed For Record At Request Of
AFTER RECORDING RETURN TO:
King County
Asset Management Section
ADM -ES -0500
500 King County Admin. Bldg.
500 Fourth Avenue
Seattle, WA 98104
BARGAIN AND SALE DEED
Grantor - - King County, Washington
Grantee - - City of Tukwila
Legal - - - - SW 1/4, Sec. 13, Twp 23 N., Rge 4 E., W.M.
Govt Lots 1 & 2, Sec. 23, Twp 23 N., Rge 4 E., W.M.
Govt Lots 1 & 5, Sec. 24, Twp 23 N., Rge 4 E., W.M.
Tract 36, Second Supplement Map of Renton Shore Lands
Blocks 4-9 812 -17, Gundaker's Interurban Addn.
Tax Acct — 1323049080, 2323049001, 2423049030 & 295490 -0426
The Grantor, KING COUNTY, a political subdivision of the State of Washingtorr, for and in
consideration of mutual benefits, pursuant to King County Ordinance No. 14550, does hereby
bargain, sell, and convey unto the CITY OF TUKWILA, a municipal corporation of the State of
Washington, the following described lands, situate in King County, Washington, and referred to
herein as the "Property ":
FORT DENT PARK
Tax Account No. 132304 -9080
A tract of land in the SW 1/4 of Section 13, Township 23 North, Range 4 East,
W.M., in King County, Washington, described as follows: Commencing at the
S.W. corner of said Section 13; thence N. 29 °51' W. 114.7 feet; thence N. 66 °21'
E. 153.9 feet; thence S. 66'57' E. to a point on the Easterly margin of the
Chicago, Milwaukee, St. Paul & Pacific Railroad Co. right of way and the true
point of beginning; thence Northeasterly along said Easterly margin of the
Chicago, Milwaukee, St. Paul & Pacific Railroad Co. right of way 108 feet, more
or less, to a point on the Southerly margin of Tract 33 of Renton Shorelands 2nd
Supplement, records of King County, Washington; thence Easterly along said
Southerly margin of Tract 33, 33 feet, more or, less, to the Westerly margin of
County Road No. 8 (known as Monster Road); thence Southeasterly along said
Westerly margin of County Road No. 8, 104 feet, more or less, to a point which
bears N.74 °1319" E. from a point within said tract of land which is located on the
Southerly margin of a permanent easement recorded under King County
Auditor's File No. 7202010402 and granted to King County for the P -1 Drainage
Page 1 of
AGREEMENT
50767676.02
Exhibit D
• •
Channel, said point being described by Washington State Lambert Grid
Coordinates (North Zone) N 176, 376.52, E 1, 650, 378.61; thence continuing
Southeasterly along said Westerly margin of County Road No. 8 along a curve to
the left having a radius of 300 feet, the center of which bears N. 25 °21'49" E., an
arc distance of 50.74 feet; thence S. 74 °13'19" W. 68.84 feet; thence S.
83 °41'02" W. 60.83 feet; thence along a curve to the right having a radius of
667.96 feet, the center of which bears N.15 °46'41" W. an arc distance of 108.45
feet, more or less, to the Easterly margin of the Chicago, Milwaukee, St. Paul &
Pacific Railroad Co. right of way; thence Northeasterly along said Easterly
margin 24 feet, more or less, to the true point of beginning.
SUBJECT TO: 1) Easement in favor of Drainage District No. 1 for flood control
works, as recorded under Recording No. 4717788; 2) Pacific American
Commercial Co. for ingress and egress, as recorded under Recording No.
5833513; 3) Harold R. Iverson and Marion E. Iverson, for ingress and egress, as
recorded under Recording No. 5833514.
Tax Account No. 232304 -9001
All of Governrnent Lots 1 and 2 in Section 23, Township 23 North, Range 4 East,
W.M.; ALSO all that portion of Govemment Lots 1 and 5 in Section 24, Township
23 North, Range 4 East, W.M., AND all that part of the Lake in Sections 23 and
24 lying West of the right of way of main lines of Chicago, Milwaukee and St.
Paul Railway; ALSO Tract 36, Second Supplement Map of Renton Shore,Lands
as shown on the official maps thereof on file in the Office of the Commissioner of
Public Lands at Olympia, Washington.
EXCEPT right of way of Northern Pacific Railway Co.; LESS Coal &
Minerals and the right to explore for and mine the same;
TOGETHER WITH and subject to the terms of all easements appurtenant to
the above described property; EXCEPT that certain easement granted to
Pacific American Commercial Co. on the 25th day of July, 1963, by
Container Corporation of America, and recorded in Volume 4616 of Deed,
records of King County, at pages 668, 669 and 670, Auditor's File No.
5833513.
Tax Account No. 242304 -9030
All those parts or portions of Lots 1 and 5, in Section 24, Township 23 North,
Range 4 East, W.M., in King County, Washington, bounded and described as
follows:
Beginning on the West boundary of the R/W of the Burlington Northern, Inc.,
formerly the Northern. Pacific Railway Co., at a point which is 550 feet South
and about 100 feet East of the N.W. corner of said Section 24, and running
thence Southeasterly a distance of 300 feet to a point which is distant 70
feet Westerly from, measured at right angles to, said Burlington Northern,
Inc. R/W boundary; thence Southeasterly parallel to and distant 70 feet
Paee 2 of -
• •
Westerly from said R/W boundary to White River; thence Easterly along said
White River to said R/W boundary; thence Northwesterly along said West
boundary of Burlington Northern, Inc. R/W to point of beginning.
SUBJECT TO: Restrictions and reservations contained in that certain
Warranty Deed to King County, as recorded under Recording No.
7502100393.
Tax Account No. 295490 -0426
That portion of vacated Blocks 4 to 9, inclusive, and vacated Blocks 12 to 17,
inclusive, of Gundaker's Interurban Addition to Seattle (Vacated), according to
plat recorded in Volume 14 of Plats, page 46, in King County, Washington, and
vacated streets adjoining, more particularly described as follows:
Commencing at Highway Engineer's Station P.O.T. (2M) 127 +75.0 on the
2M -line shown on the State Highway Map of Primary State Highway No. 1
(SR405) Green River Interchange, Sheet 2 of 4 Sheets, established by
Commission Res. No. 1192, February 19, 1962; thence Northeasterly at
right angles of said 2M -line North 30 °27'06" East284.88 feet; thence
tangent to the preceding course along the arc of a curve to the left having a
radius of 300 feet and a central angle of 08 °19'06 ", an arc length of 43.56
feet; thence tangent to the preceding curve North 22 °08'00" East 309.43
feet; thence North 30 °35'15" East 60.00 feet to the True Point of Beginning
of the parcel to be described herein; thence, from said True Point of
Beginning from a tangent that bears North 59 °24'45 West along the arc of a
curve to the left having a radius of 60.00 feet and a central angle of
89 °41'29 ", an arc length of 93.92 feet; thence, North 59 °24'45" West 183.62
feet, more or Tess, to the bank of the Green River; thence along the bank of
the Green River North 30 °04'58" East 116.17 feet to a point thereon; thence
leaving said bank of the Green River South 37 °36'40" East 137.76 feet;
thence South 55 °24'30" East 50.12 feet; thence South 59 °24'45" East 66.73
feet; thence South 30 °35'15" West 1.82 feet to the True Point of Beginning.
SUBJECT TO: 1) Covenant to bear the cost of construction or repair of
road crossing, easement for which was granted'over adjacent property by
instrument, as recorded under Recording No. 5833515, 5990555 and
5990556; 2) Right of the State of Washington in and to that portion, if any, of
the land described which lies below the line of ordinary high water of the
Green River; 3) Any change in the boundary or legal description of the
property due to any shift or change in the course of the Green River; 4)
Rights and easement of the public for commerce, navigation, recreation and
fisheries; and 5) Restrictions on the use of the and resulting from the rights
of the public or riparian owners to use any portion which is now, or has
been, covered by water.
TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT:
Page 3 of --
Grantor hereby assigns all its rights, privileges and obligations, subject to
the approval of such assignment by the State of Washington, in the
easement granted by the State of Washington Department of Natural
Resources on June 19, 1974, attached to this Deed as Exhibit A, for right of
way for the construction, use and maintenance of a county road bridge
upon, over and across the following described shorelands in King County,
Washington, to wit:
Those portions of the shorelands of the second class and bed of the Green
River, owned by the State of Washington, situate in front of Government Lot
1, Section 23, and the W. H. Gilliam D. L. C. in Section 24, Township 23
North, Range 4 East, W.M., included within the limits of a strip 60 feet in
width, having 30 feet of such width on each side of the following described
centerline:
Beginning at a point in said Government Lot 1, which is N 2° 36' 20" W
459.17 feet from the east quarter section comer of said Section 23, running
thence S 59° 24' 11" E 199.9 feet to a point in the W. H. Gilliam D. L. C. No.
41, which is N 22° 57' 22" E 387.65 feet from the west quarter section
corner of said Section 24, and the terminal point of this centerline
description, having an area of 0.18 acre, as shown on the plat thereof on file
in the office of the Commissioner of Public Lands at Olympia, Washington.
Subject, however, to any rights to be acquired pursuant to the provisions of
Chapter 158, Session Laws of 1959.
RESERVED UNTO KING COUNTY WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENTS ON THE PROPERTY:
1) Easement for drainage channel, as recorded under Recording No.
7203020421; 2) Agreement with Burlington Northern, Inc. for operation and
maintenance of a flood control drainage channel, as recorded under
Recording No. 7302060451; 3) Agreement with the State.of Washington for
maintenance of a drainage channel, as recorded under Recording No.
7305220394; 4) Aquatic Easement granted by the State of Washington, as
recorded under Recording No. 8006100511; 5) Easement for drainage canal
granted by Burlington Northern, Inc., as recorded under Recording No.
8002110444.
RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENT ON THE PROPERTY:
Grantor hereby reserves a permanent utility easement with the following
terms:
A) The County owns Utility facilities located on and under the Property. An
easement for these Utility facilities had been granted to Municipality of Metropolitan
Page 4 of-
Seattle (hereinafter Metro) by document dated July 30, 1962, recorded under King
County Recorder's number 5469169( "Metro Easements "). Since the granting of the
Metro Easements, the County purchased the Property, and the County and Metro
merged, thereby causing a merger of title between the Property and the Metro
Easements. This Reservation of Easement shall supercede and replace the
language of the Metro Easements.
B) The County's agreement to convey the Property to the City is conditioned
upon the County's reservation of a permanent utility easement.
C) The City and County, by accepting and recording this utility easement
reservation, hereby mutually covenant and agree as follows:
1) The County hereby reserves, for the purposes stated below, a permanent
utility easement over, across, along, in, upon and under the Property referred to as
the Utility Easement Area and more particularly described as follows:
That portion of Government Lots 1 and 5, Section 24, Township 23 North,
Range 4 East, W.M., and Government Lot 2, Section 23, Township 23 North,
Range 4 East, W.M., in King County, Washington, lying within a strip of land
50 feet in width, 25 feet on each side of the following described centerline:
Beginning on the Southwesterly margin of the right of way of. the Burlington
Northern, Inc., formerly the Northern Pacific Railway Company, at a point
which is 25 feet Northerly of, measured at right angles to, the Green River;
Thence South 86 °12'08" West 25.43 feet;
Thence North 34 °19'06" West 491.72 feet to Point "A ";
Thence continuing North 34 °19'06" West 160.39 feet to the beginning of a
tangent curve to the right having a radius of 500 feet;
Thence along said curve a distance of 88.39 feet through a central angle of
10 °07'44" to the beginning of a reverse curve to the left having a radius of 500
feet;
Thence along said curve a distance of 85.73 feet through a central angle of
9 °49'28" to a point of tangency;
Thence North'34 °00'48" West 149.71 feet to the beginning of a tangent curve
to the left having a radius of 500 feet;
Thence along said curve a distance of 48.02 feet through a central angle of
5 °30'08" to a point of tangency;
Thence North 39 °30'56" West 91.35 feet to the beginning of a tangent curve
to the right having a radius of 500 feet;
Thence along said curve a distance of 45.35 feet through a central angle of
5 °11'50" to a point of tangency;
Thence North 34 °19'06" West 739.52 feet;
Thence North 79 °19'06" West 28.67 feet;
Thence North 89 °41'02" West 33.97 feet;
Thence South 67 °48'58" West 173.89 feet to Point "B ";
Thence continuing South 67 °48'58" West 115.14 feet;
Page 5 of
Thence North 67 °11'02" West 29.91 feet to a point on the centerline of the
Green River Bridge projected Southerly;
Thence Northerly along said projected centerline 10 feet, more or less, to the
Green River, and the terminus of said line.
Together with a strip of land 20 feet in width, the centerline of which is
described as follows:
Beginning at a point South 55 °40'54" West 25 feet from the above - described
Point "A ";
Thence South 55 °40'54" West 400 feet;
Also together with a strip of land 20 feet in width, the centerline of which is
described as follows:
Beginning at a point South 22 °11'02" East 25 feet from the above - described
Point "8 ";
Thence South 22 °11'02" East 40 feet
2) The Utility Easement being granted herein is for the purpose of installing,
constructing, operating, maintaining, removing, re- constructing, repairing, replacing
and using sewer pipeline, pipelines, re- claimed water lines or other transmission or
conveyance lines, including but not limited to communication lines or devices and
optic lines with all connections, manholes and appurtenances thereto (hereinafter
collectively referred to as "facilities "), within the Utility Easement Area, together with
the right of ingress to and egress from said described property for the foregoing
purposes.
3) The term of the utility easement shall be perpetual, and shall be appurtenant
to, be binding upon, and run with the Property.
4) County shall, if the above described Property is disturbed by the
maintenance, removal, repair or replacement of the facilities specified herein, restore
the surface of the above described Property as nearly as possible to the condition in
which it existed at the commencement of said maintenance, removal, repair or
replacement.
5) County shall indemnify, defend. and hold harmless City, its elected officials,
staff, officers, agents and employees, from and against any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys fees in defense and costs on appeal thereof, for
injuries, sickness or death of persons or damage to property, which is caused by or
arises out of said County, its officers, agents, or employees' errors or omissions in
the performance of activities related to this easement, provided, however, that
County's obligation to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole negligence
of City, its elected officials, officers, agents or employees. County agrees that it's
obligations under this paragraph extend to any claim, demand, and/or cause of action
brought by or on behalf of any of it's employees, or agents. For this purpose, County
by mutual negotiation, hereby waives as respects the City only, any immunity that
would otherwise be available against such claims under the. Industrial Insurance
provisions of Title 51 RCW.
Page 6 of
6) City shall indemnify, defend and hold harmless County, its elected officials,
staff, officers, agents and employees, from and against any and all claims, actions,
suits, liability, loss, costs, expenses, and damages of any nature whatsoever,
including costs and attorneys fees in defense and costs an appeal thereof, for
injuries, sickness or death of persons or damage to property, which is caused by or
arises out of said City, its officers, agents, or employees' acts, errors or omissions on
the Property, both inside and outside the Utility Easement Area, provided, however,
that City's obligation to indemnify, defend and hold harmless shall not extend to
injuries sickness, death or damage caused by or resulting from the sole negligence of
County, its elected officials, officers, agents or employees. City agrees that it's
obligations under this paragraph extend to any claim, demand, and /or cause of action
brought by or on behalf of any of it's employees, or its agents. For this purpose, City,
by mutual negotiation, hereby waives, as respects the County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW.
7) All right, title, and interest that may be used and enjoyed without interfering
with the Reservation of Utility Easement rights are reserved to the City. Except as
otherwise provided herein, and after the date of this agreement, the construction,
installation, or maintenance of any structures, whether temporary or permanent, shall
be absolutely prohibited within the above described permanent easement area and
shall be deemed an unreasonable interference with County's easement rights unless
specifically approved in writing by the County. Moreover, as to such non - approved
structures, the provisions of paragraph 4 and 5 above, shall not apply.
RESERVED UNTO KING COUNTY, WASHINGTON, THE FOLLOWING
DESCRIBED EASEMENT ON THE PROPERTY:
Grantor hereby reserves a permanent river protection easement, which shall be a
perpetual easement for the purposes of accessing and constructing, inspecting,
monitoring, reconstructing, maintaining and repairing, river bank protection and /or
other flood related works, including installing, inspecting and maintaining all
vegetation and any other appurtenances thereto across, in, under, on, over and upon
the following portions of the Property:
All portions of the Property that are riverward of a line that is parallel
to and thirty (30) feet landward of the stable top of the river bank on
the Green River ("Easement Area "), as constructed or
reconstructed, together with reasonable ingress and egress upon
the Property to access the Easement Area.
Grantor shall have the right at such time as may be necessary and at the Grantor's
sole discretion, to enter upon the Property and to have unimpeded access to, in and
through the Easement Area for the purposes of exercising the Grantor's rights as
described herein.
Grantee agrees not to plant non - native vegetation within the Easement Area and not
to remove or otherwise alter any improvements installed by Grantor, including any
Page 7 of'—
• •
native vegetation that may be planted and any flood protection works that may be
constructed, within the Easement Area, without the prior approval of Grantor.
Nothing .. contained herein shall be construed as granting any license, permit or right,
otherwise required by law, to Grantee with respect to the Property and the Easement
Area.
For the purposes of this river protection easement, the term "native vegetation" shall
mean vegetation comprised of plant species, other than noxious weeds (as identified
on the State of Washington noxious weed list found at Washington Administrative
Code Chapter 16 -750, as amended from time to time), which are indigenous to the
coastal region of the Pacific Northwest and which reasonably could have been
expected to naturally occur at the site.
Neither Grantor nor Grantee is hereby obligated to future maintenance, repair or
other action related to the above - described exercise of easement rights. This river
protection easement and /or any flood related works constructed or to be constructed
within the Easement Area shall not be construed as granting any rights to any third
person or entity, or as a guarantee of any protection from flooding or flood damage,
and nothing contained herein shall be construed as waiving any immunity to liability
granted to Grantor by any state statute, including Chapter 86.12 of the Revised Code
of Washington, or as otherwise granted or provided for by law.
The rights, conditions, and provisions of this easement shall inure to the benefit of
and be binding upon the heirs, executors, administrators, and successors in interest
and assigns of Grantor and Grantee.
SUBJECT TO THE FOLLOWING COVENANTS, WHICH ARE INTENDED TO BE
RUNNING COVENANTS BURDENING AND BENEFITING THE PARTIES
SUCCESSORS AND ASSIGNS:
The City, as required by RCW 36.89.050, covenants that the Property shall be
continued to be used for open space, park, or recreation facility purposes or that
other equivalent facilities within the County shall be conveyed to the County in
exchange therefore.
The City covenants that it shall abide by and enforce all terms, conditions and
restrictions in King County Resolution 34571, including that the City covenants that
the Property will continue to be used for the purposes contemplated by Resolution
34571, that the Property shall not be transferred or conveyed except by agreement
providing that such lands shall continue to be used for the purposes contemplated by
Resolution 34571, and that the Property shall not be converted to a different use
unless other equivalent lands and facilities within the County or City shall be received
in exchange therefore.
The City acknowledges that there are outstanding bonds that were used to finance
the Property and covenants that it shall not use the Property in a manner that would
cause the interest on County bonds related to the Property to no longer be exempt
Page 8 of
•
from federal income taxation. If the City intends to take an action that could affect the
tax exempt status of any outstanding bonds, such as transferring the property,
limiting the public use of the Property, or causing the Property to be privately
managed, the City may request in writing that the County concur that such action will
not affect the tax exempt status of any outstanding bonds. Such request must
contain sufficient information regarding the intended use of the Property for the
County and its bond counsel to fully evaluate the proposal. If the County concurs, the
County may not subsequently assert that such action violates this covenant. In
determining whether a requested action will or will not affect the tax exempt status of
any outstanding bonds, the County agrees to use good faith, to not unreasonably
withhold concurrence, and to make its determination or to ask for additional
information within 45 days of a written request to do so by the City. If the County fails
to respond to the City's request or ask for additional information within the 45 day
period, the County may not subsequently assert that such action violates this
covenant. If the County asks for additional information within the 45 day period, the
County will have an additional 30 days from the receipt of the additional information to
make its determination or the County may not subsequently assert that said action
violates this covenant.
The City further covenants that it will not limit or restrict access to and use of the
Property by non -city residents in any way that does not also apply to city residents.
The City covenants that if differential fees for non -city residents are imposed, they will
be reasonably related to the cost borne by city taxpayers to maintain, improve or
operate the Property for parks and recreation purposes.
The City acknowledges that a portion of the Green River Trail runs across the
Property and covenants to maintain in perpetuity the Trail for public trail purposes
and to maintain in perpetuity the connections between the Trail on the Property with
the portions of the Green River Trail that are outside of the Property.
The City covenants that it shall place the preceding covenants in any deed
transferring the Property or a portion of the Property for public park, recreation or
open space uses.
Dated this
day of 20
KING COUNTY, WASHINGTON
BY
TITLE
Page 9 of Z
�
BRUCE
DEES&
ASSOCIATES
•
FF.n r,OP3 •
NT
RECEIVED
DEVEL ® -ME_ .Bruce Dees, FASLA, Principal •
Landscape Architecture • Urban Design
Site Planning • Recreation Facilities Design .
February 242003 ,
-Ms. Nora Gierloff, AICP •
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard
Tukwila, WA 98188 -2544.
Dear Nora,
Ruth Ann Allen,.Principal
Shawn Jensen, Associate
Job No. 107 -01 -03
RE: Starfire Sports ,Complex at Tukwila
Enclosed are the following documents for the Starfire Sports Complex perm it submittal as required by the
City of Tukwila:
1.. Eight (8) full size sets o f Permit Drawings
2: One (1) set of 8' /2" x 11" Permit Drawings.(City only)
3. Eight (8) copies ofthe Commitment, for Title Insurance
4 Eight (8) copies of the Title Report-Prepared by First American Title
5.. Eight (8) copies of the Initial Traffic Impact. Analysis Report dated 2/4/03- prepared by Entranco
6. Eight (8) copies ofthe Geotechnical Exploration & Engineering Evaluation dated 2 /15 /03- prepared
by Berquist Engineering Services • 7. Eight (8) copies of the Endangered Species Act Checklist & SEPA, Checklist
8. Eight (8) copies of Lighting Plans and Information.
9. Eight (8) copies of the Review Guidelines Discussion
10. Eight (8) copies of the Stormwater Downstream Analysis- prepared by Essayons Consulting Engineers
11. One (1) set of mailing labels (City only)
12. One (1) copy of the completed SEPA Application (City only) -
13: One (1) copy of the .completed Shoreline Permit Application (City only)
Also enclosed is a check for the Permit Application fee in the amount of $2,500.00.
Please let me know if you have any questions or need any additional information for this permit submittal:
Sincerely,
BRUCE DEES &
Judson Youel ,
Landscape Architect
Enclosures
cc: Chris Slatt, Starfire Sports (1 copy)
Stephen DiJulio, Foster Pepper & Shefelman, PLLC (1 copy)
222 East 26th Street, No. 202, Tacoma, WA. 98421 -(253) 627 -7947 FAX (253) .627 -6661
Web Site: www.bdassociates.com ..
•
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (306) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan@ci.tukwila.wa.us
• SEPA
ENVIRONMENTAL
REVIEW
APPLICATION
NAME OF PROJECT /DEVELOPMENT:
_STARFIRE SPORTS COMPLEX AT TUKWILA
LOCATION OF PROJECT /DEVELOPMENT: (Give street address or, if vacant,
indicate lot(s), block and subdivision, access street, and nearest intersection: LIST ALL 10 DIGIT PARCEL
NUMBERS.
FORT DENT PARK
Quarter: _NE_ Section: 23 Township: 23 Range: 04
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: Bruce Dees
Address: 222 E. 261h Street, No. 202 Tacoma, WA 98421
Phone: (253) 62
Signature:
3) 627 -6661
O: \107Starfire Sports \2 -11 -03 SEPA Application- Revised.DOC, 02/20/03
Date:
FOR STAFF USE ONLY SIERRA TYPE P-SEPA
Planner:
File Number: I�'v 3 _CO,
Application Complete
(Date:
)
Project File Number: ?DS— Oil
Application Incomplete
(Date:
)
Other File Numbers: , 0- , b,--Z-
NAME OF PROJECT /DEVELOPMENT:
_STARFIRE SPORTS COMPLEX AT TUKWILA
LOCATION OF PROJECT /DEVELOPMENT: (Give street address or, if vacant,
indicate lot(s), block and subdivision, access street, and nearest intersection: LIST ALL 10 DIGIT PARCEL
NUMBERS.
FORT DENT PARK
Quarter: _NE_ Section: 23 Township: 23 Range: 04
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name: Bruce Dees
Address: 222 E. 261h Street, No. 202 Tacoma, WA 98421
Phone: (253) 62
Signature:
3) 627 -6661
O: \107Starfire Sports \2 -11 -03 SEPA Application- Revised.DOC, 02/20/03
Date:
COMPLETE APPLICATION CHECKLIST
The materials listed below must be submitted with your application unless specifically waived in writing by the Public
Works Department and the Department of Community Development. Please contact each Department if you feel that
certain items are not applicable to your project and should be waived, or should be submitted at a later date for use at
the public hearing (e.g. colored renderings). Application review will not begin until it is determined to be complete.,
ADDITIONAL MATERIALS MAY BE REQUIRED.
The initial application materials allow starting project review and vesting the applicant's rights. However, they in no
way limit the City's ability to require additional information as needed to establish consistency with development
standards.
City staff are available to answer questions about application materials at 206 -431 -3670 (Department of Community
Development) and 206 -433 -0179 (Department of Public Works).
Check: items
submitted
s
witfi
application
Information` Required. May bewaived in unusual .cases, Upon approval of both Public Works '
and ,Planning . ,
APPLICATION MATERIALS:
X
1. Application Checklist (1 copy) indicating items submitted with application.
X
2. Completed ESA Screening Checklist, State Environmental Checklist and drawings (5 copies).
X
3. One set of any plans submitted reduced to 8 1/2" by 11". One complete set of PMTs of the
final drawing set will be required prior to final approval.
X
4. Application Fee $500.
X
5. Underlying permit application that triggers SEPA Review.
PUBLIC NOTICE MATERIALS:
X
6. Mailing labels for all property owners and tenants (residents or businesses) within 500 feet of
the subject property. Number of sets depends on the notice requirements of the underlying permit,
check with Planning Staff. Note: Each unit in multiple- family buildings - -e.g. apartments, condos,
trailer parks - -must be included (see Public Notice Materials section).
N/A
7. King County Assessor's map(s) that shows the location of each property within 500 ft. of the
subject lot (if mailing labels are required).
8. A 4' x 4' public notice board will be required on site within 14 days of the Department
determining that the application is complete (see Public Notice Materials section).
PROJECT DESCRIPTION AND ANALYSIS:
X
9. Vicinity Map with site location.
10. Provide four (4) copies of any sensitive area studies as needed per Tukwila's Sensitive
Areas Ordinance (TMC 18.45).
X
11. Any drawings needed to describe the proposal other than those submitted with the
underlying permit. Maximum size 24" x 36 ".
0: \107 Starfire Sports \2 -11 -03 SEPA Application - Revised.DOC, 02/20/03
City of Tukwila ilk Screening Checklist
City of Tukwila
Endangered Species Act Screening Checklist
Date: 02/21/03
Applicant Name: Starfire Sports (Contact Bruce Dees & Associates)
Street Address: 222 E 26th Street Suite 202
City, State, Zip: Tacoma, WA 98421
Telephone: (253) 627 -7947
Directions
This Screening Checklist has been designed to evaluate the potential for your project to
result in potential "take" of chinook salmon, coho salmon, or cutthroat trout as defined by
Section 9 of the Endangered Species Act. The checklist includes a series of "Yes" or
"No" questions about your project, organized into four .parts. Starting with Part A on
Page 1, read each question carefully, circle "Yes" or "No," and proceed to the next
question as directed by the checklist. To answer these questions, you may need to refer
to site plans, grading and drainage plans, critical areas studies, or other documents you
have prepared for your project. The City will evaluate your responses to determine if
"take" is indicated.
January 25, 2001 ii
•
•
Part A: Please review and answer each question carefully. Consider all phases of your project
including, but not limited to, construction, normal operation, potential emergency operation, and
ongoing and scheduled maintenance. Continue to the next question as directed for each No or Yes
answer.
1 -0
Will the project require any form of grading? Grading is defined as any excavating, filling,
clearing, or creation of impervious surface, or any combination thereof, which alters the
existing ground surface of the earth (see Tukwila Municipal Code (TMC) Chapter 18.06,
Zoning Code, Page 18 -11). Please circle appropriate response.
NO - Continue to Question 2 -0
® Continue to Question 1 -1 (Page 3)
2 -0
Will the project require any form of clearing? Clearing means the removal or causing to be
removed, through either direct or indirect actions, any vegetation from a site (see Chapter
18.06, Page 18 -8). Please circle appropriate response.
NO - Continue to Question 3 -0
aContinue to Question 2 -1 (Page 4)
3 -0
Will the project require work, during any time of the project, below the ordinary high water
mark of a watercourse or the Green/Duwamish or Black Rivers or in wetlands? Ordinary high
water mark is the mark that is found by examining the bed and banks of a stream and
ascertaining where the presence and action of waters are so common and usual as to distinctly
mark the soil from that of the abutting upland, in respect to vegetation (see TMC Chapter
18.06, Page 18 -15). Please circle appropriate response.
NO Continue to Question 4 -0
YES - Continue to Question 3 -1 (Page 5)
4 -0
Will the project result in the processing or handling, storage, or treatment of hazardous
substances? This does not include the proper use of fuel stored in a vehicle's fuel tank.
Hazardous substances are any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits the characteristics or criteria
of hazardous waste as defined by Washington Administrative Code 173 -303 (see TMC Chapter
18.06, Tukwila Zoning Code, Page 18 -11). This includes fuel or other chemicals stored on -site
during construction. Please circle appropriate response.
O Continue to Question 5 -0
YES - Continue to Question 5 -0
5 -0
Will the project result in the withdrawal, injection, or interception of groundwater? Examples
of projects that may affect groundwater include, but are not limited to: construction of a new
well, change in water withdrawals from an existing well, projects involving prolonged
construction dewatering, projects installing French drains or interceptor trenches, and sewer
lines. For the purpose of this analysis, projects that require a geotechnical report pursuant to
the requirements of TMC 18.45.060 and 18.45.080E.4, or would require a geotechnical report
if not exempt under TMC 18.45.080A, should.answer Yes. Please circle appropriate
response.
NO Continue to Question 6 -0
YES - Continue to Question 6 -0 _
Part A (continued)
City of Tukwila ijA Screening Checklist
6 -0 Will the project involve landscaping or re- occurring outdoor maintenance that includes the
regular use of fertilizers, pesticides, or herbicides? This does not include the one -time use of
transplant fertilizers. Landscaping means natural vegetation such as trees, shrubs,
groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect
appropriate for the use of the land (see TMC Chapter 18.06, Tukwila Zoning Code, Page 18-
13). For the purpose of this analysis, this includes the establishment of new lawn or grass.
Please circle appropriate response.
NO — Checklist Complete
Checklist Complete
Part B: Please answer each question below for projects that include grading. Review each
question carefully, considering all phases of your project including, but not limited to
construction, normal operation, potential emergency operation, and ongoing and scheduled
maintenance. Continue to the next question as directed for each No or Yes answer.
1 -1
Will the project involve the modification of a watercourse bank or bank of the
Green/Duwamish or Black Rivers between the ordinary high water mark and top of bank? This
includes any projects that will require grading on any slope leading to a river or stream, but
will not require work below the ordinary high water mark. Work below the ordinary high
water mark is covered in Part C. Please circle appropriate response.
Continue to Question 1 -2
YES - Continue to Question 1 -2
1 -2 Could the construction, operation, or maintenance of the project result in sediment transport off
site or increased rates of erosion and/or sedimentation in watercourses, the Green/Duwamish
rivers, or the Black River? Most projects that involve grading have the potential to result in
increased erosion and/or sedimentation as a result of disturbances to the soil or earth. If your
project involves grading and you have not prepared a Temporary Erosion and Sedimentation
Control Plan specifically designed to retain 100 percent of the runoff (including during
construction) from impervious surface or disturbed soils, answer Yes to this question. If your
project is normally exempt under the Tukwila Municipal Code and would not require the
preparation of a Temporary Erosion and Sedimentation Control Plan, BUT may still result in
erosion or sediment transport off site or beyond the work area, answer Yes to this question.
Please circle appropriate response.
O Continue to Question 1 -3
YES - Continue to Question 1 -3
1 -3 Will the project result in the construction of new impervious surfaces? Impervious surfaces
include those hard surfaces which prevent or restrict the entry of water into the soil in the
manner that such water entered the soils under natural conditions prior to development; or a
hard surface area that causes water to run off the surface in greater quantity or at an increased
rate of flow from the flow presented under natural conditions prior to development (see TMC
Chapter 18.06, Tukwila Zoning Code, Page 18 -12). Such areas include, but are not limited to,
rooftops, asphalt or concrete paving, compacted surfaces, or other surfaces that similarly affect
the natural infiltration or runoff patterns existing prior to development. Please circle
City of TukwilaiA Screening Checklist
appropriate response.
NO - Continue to Question 2 -0 (Page 2)
Continue to Question 1 -4
1 -4 Will your project generate stormwater from the creation of impervious surfaces that will not be
infiltrated on site? For the purpose of this analysis, infiltration includes the use of a
stormwater treatment and management system intended to contain all stormwater on site by
allowing it to seep into pervious surface or through other means to be introduced into the
ground. If your project involves the construction of impervious surface and does not include
the design of a stormwater management system specifically designed to infiltrate stormwater,
answer Yes to this question. Please circle appropriate response.
Continue to Question 2 -0 (Page 2)
YES - Continue to Question 2 -0 (Page 2)
Part C: Please review each question below for projects that include clearing. Review each
question carefully, considering all phases of your project including, but not limited to
construction, normal operation, potential emergency operation, and ongoing and scheduled
maintenance. Continue to the next question as directed for each No or Yes answer.
2 -1
Will the project involve clearing within 200 feet ofthe ordinary high water mark of a
watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response.
NO - Continue to Question 3 -0 (Page 2)
ID Continue to Question 2 -2
2 -2
Will the project involve clearing of any trees within 200 feet of the ordinary high water mark
of a watercourse or the Green/Duwamish or Black Rivers? A tree is defined by TMC
18.06.845 as any self - supporting woody plant, characterized by one main trunk, with a
potential diameter - breast- height of 2 inches or more and potential minimum height of 10 feet:
Please circle appropriate response.
O Continue to Question 2 -3
YES - Continue to Question 2 -3
2 -3
Will the project involve clearing of any evergreen trees from within 200 feet of the ordinary
high water mark of a watercourse or the Green/Duwamish or Black Rivers? For the purpose of
this analysis evergreen means any tree that does not regularly lose all its leaves or needles in
the fall. Please circle appropriate response.
NO Continue to Question 2 -4
YES - Continue to Question 2 -4
2 -4
Will the project involve clearing within 100 feet of the ordinary high water mark of a
watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response.
NO - Continue to Question 3 -0 (Page 1)
12) Continue to Question 2 -5
•
2 -5
Will the project involve clearing within 40 feet of the ordinary high water mark of a
watercourse or the Green/Duwamish or Black Rivers? Please circle appropriate response.
•
City of Tukwila A Screening Checklist
Continue to Question 3 -0 (Page 2)
YES - Continue to Question 3 -0 (Page 2)
Part D: Please review each question below for projects that include work below the ordinary high
water mark of watercourses or the Duwamish /Green or Black Rivers or in wetlands. Review each
question carefully, considering all phases of your project including, but not limited to,
construction, normal operation, potential emergency operation, and ongoing and scheduled
maintenance. Continue to the next question as directed for each No or Yes answer.
3 -1
Will the project involve the direct alteration of the channel or bed of a watercourse, the
Green/Duwamish rivers, or Black River? For the purpose of this analysis, channel means the
area between the ordinary high water mark of both banks of a stream, and bed means the
stream bottom substrates, typically within the normal wetted -width of a stream. This includes
both temporary and permanent modifications. Please circle appropriate response.
NO - Continue to Question 3 -2
YES - Continue to Question 3 -2
3 -2
Will the project involve any physical alteration to a watercourse or wetland connected to the
Green/Duwamish River? For the purpose of this analysis, "connected to the river means"
flowing into via a surface connection or culvert, or having other physical characteristics that
allow for access by salmonids. This includes impacts to areas such as sloughs, side channels,
remnant oxbows, ditches formed from channelized portions of natural watercourses or any area
that may provide off channel rearing habitat for juvenile fish from the Duwamish River. This
includes both temporary construction alterations and permanent modifications. Watercourses
or wetlands draining to the Green/Duwamish River that have a hanging culvert, culvert with a
flap gate, diversion, or any entirely man -made or artificial structure that precludes fish access
should answer Yes to this question. Please circle appropriate response.
NO - Continue to Question 3 -3
YES - Continue to Question 3 -3
3 -3
•
Will the project result in the construction of a new structure or hydraulic condition that could
be a barrier to salmonid passage within the watercourse or the Green/Duwamish or Black
Rivers? For the purpose of this analysis, a barrier means any artificial or human modified
structure or hydraulic condition that inhibits the natural upstream or downstream movement of
salmonids, including both juveniles and adults. Please circle appropriate response.
NO - Continue to Question 3 -4
YES - Continue to Question 3 -4
3 -4
Will the project involve a temporary or permanent change in the cross - sectional area of a
watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, the
cross - sectional area is defined as a profile taken from the ordinary high water mark on the right
bank to the ordinary high water mark on the left bank. Please circle appropriate response.
NO - Continue to Question 3 -5
YES - Continue to Question 3 -5
3 -5
Will the project require the removal of debris from within the ordinary high water mark of a
watercourse or the Green/Duwamish or Black Rivers? For the purpose of this analysis, debris
•
City of Tukwila Screening Checklist
includes, but is not limited to fallen trees, logs, shrubs, rocks, piles, rip -rap, submerged metal,
and broken concrete or other building materials. Projects that would require debris removal
from a watercourse or the Green/Duwamish or Black Rivers as part of a maintenance activity
should answer Yes to this question. Please circle appropriate response.
NO - Continue to Question 3 -6
YES - Continue to Question 3 -6
3 -6 Will the project result in impacts to watercourses or wetlands that have a surface connection to
another watercourse or the Green/Duwamish or Black Rivers but do not contain habitat
conditions that support salmonid use? Such areas may include, but not be limited to hillside
seeps and wetlands isolated from the watercourse or river that have a surface water connection
to the watercourse or river but are not assessable, nor would be assessable to salmonids under
natural conditions. Wetlands with a "functions and values" rating for baseflow /groundwater
support of 9 and above (or moderate) as described in Cooke (1996) should be included. Please
circle appropriate response.
NO - Continue to Question 3 -7
YES - Continue to Question 3 -7
3 -7 Will the project include the construction of artificial waterways or wetlands connected to a
watercourse containing salmonids? For the purpose of this analysis, the construction of
artificial waterways or wetlands includes wetlands, channels, sloughs, or other habitat feature
created to enhance wildlife use, particularly, waterfowl use, or may be attractive to wildlife,
particularly waterfowl. Please circle appropriate response.
NO - Continue to Question 3 -8
YES - Continue to Question 3 -8
3 -8 Will the project include bank stabilization? For the purpose of this analysis, bank stabilization
includes, but is not limited to, rip -rap, rock, log, soil, or vegetated revetments, concrete
structures, or similar structures. Please circle appropriate response.
NO - Continue to Question 4 -0 (Page 2)
YES - Continue to Question 4 -0 (Page 2)
STATE ENVIRONMENTAL CHECKLIST
Please respond to all questions. Use separate sheets as necessary. An electronic version of this
form is also available from the Department of Community Development.
Applicant Responses:
A. BACKGROUND
1. Name of proposed project, if applicable:
Starfire Sports Complex at Tukwila
2. Name of Applicant:
Starfire Sports
3. Date checklist prepared:
February 21, 2003
4. Agency requesting checklist:
City of Tukwila
5. Proposed timing or schedule (including phasing, if applicable):
While this project is not phased, for the purposes of SEPA, the applicant is
constructing the project in the following stages:
Stage I- Renovate 1 field, construct 3 fields.
Stage II- Athletic Center, Restroom & concession Buildings.
Stage III- Renovate 3 fields.
6. Do you have any plans for future additions, expansion, or further
activity related to or connected with this proposal? If yes, explain.
No.
7. List any environmental information you know about that has been
prepared, or will be prepared, directly related to this proposal.
Attached are:
1. Traffic Study dated February 4, 2003 prepared by Entranco, Inc.
2. Geotechnical Study -Report dated February 15, 2003 prepared by: Bergquist
Engineering Services.
3. Storm Water Summary Report dated February 20, 2003.
Agency Comments
• •
8. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes, explain.
No.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comment
9. List any government approvals or permits that will be needed for your proposal.
1. SEPA Threshold Determination
2. Shoreline Permit
3. Grading Permit
4. Building Permit
5. Possible variance for building height or Zoning Code Text Amendment
6. In addition to the foregoing, there will be a need for certain operational permits including,
but not limited to:
Health Department for food and beverage services
Daycare
Approvals necessary for development in a flood zone.
1. DDE StUirmuater- 041#15trvctiwN 1;-irOft
10. Give brief, complete description of your proposal, including the proposed uses and
the size of the project and site. There are several questions later in this checklist
that ask you to describe certain aspects of your proposal. You do not need to repeat
those answers on this page.
The project involves development and improvement of former Fort Dent Park for
athletic and field sports and supporting facilities. The facilities will be
comprised of 13 athletics fields, consisting of an athletic center building
housing two indoor soccer fields, and associated facilities, one outdoor
soccer stadium field, six outdoor soccer fields, and four or more softball
fields and other athletic and recreational facilities that may be developed in
conjunction therewith.
The project will be constructed in Stages. Stage I includes enhancing the existing
stadium soccer field through the addition of synthetic turf. Applicant will also
construct three new synthetic turf soccer fields and supporting site amenities. Stage
II includes construction of a 74,500 sf building with two indoor soccer fields,
restrooms, locker rooms, training rooms, study room, game room, offices, pro -shop,
and food concession. Also constructed in this phase will be a restroom / concession
/ maintenance building. Finally, the existing stadium field grandstand will be
covered. Stage III work will consist of enhancing three existing soccer fields
through the installation of synthetic turf and supporting site amenities.
11. Location of the proposal. Give sufficient information for a person to understand the
precise location of your proposed project, including a street address, if any, the tax
lot number, and section, township, and range. If a proposal would occur over a
range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably available.
While you should submit any plans required by the agency, you are not required to
duplicate maps or detailed plans submitted with any permit applications related to
this checklist.
• •
Construction will be limited to the south half (approximately 25 acres) of the
existing Fort Dent Park located adjacent to the Green River, east of Interurban
Avenue and north of Fort Dent Boulevard in the City of Tukwila.
12. Does the proposal lie within an area designated on the City's Comprehensive Land
Use Policy Plan Map as environmentally sensitive?
None of the development in this proposal affects any sensitive areas as designated
on the City's Comprehensive Land Use Policy Plan Map.
• • •
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses:
B. ENVIRONMENTAL ELEMENTS
1. Earth
Agency Comments
a. General description of the . site (circle one): Flat' rolling, hilly, steep slopes,
mountainous, •j Existing areas proposed for soccer field improvements are
generally flat. r. sition areas outside the fields gently slope to existing grades. An
earth berm supports an existing concrete seating complex.
b. What is the steepest slope on the site (approximate percent slope)?
An artificial berm with a 50% slope forms the back of the existing grandstand at the
existing soccer stadium field.
c. What general types of soils are found on the site (for example, clay, sand, gravel,
peat, muck)? If you know the classification of agricultural soils, specify them and
note any prime farmland.
Existing on -site soils are Sandy Silt. See attached Geotechnical Report by Bergquist
Engineering Services dated February 15, 2003
d. Are there surface indications or history of unstable soils in the immediate vicinity?
If so, describe.
No surface indications of unstable soils are visible in the immediate vicinity.
e. Describe the purpose, type, and approximate quantities of any filling or grading
proposed. Indicate source of fill.
Clean, structural fill will be imported for construction of the building foundation.
Site earthwork will be minimal to prepare the existing flat areas for athletic field
improvements.
Quantitiy: approximately 13,000 CY
Could erosion occur as a result of clearing, construction, or use?
If so, generally describe.
The applicant will comply with applicable City of Tukwila Best Management
Practices for Erosion Control.
• •
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency CommentE
g.
About what percent of the site will be covered with impervious surfaces after project
construction (for example, asphalt or buildings)?
Development of proposed facilities did not encompass existing paved surfaces for
parking and circulation.
Proposed Impervious Areas:
Asphalt/Concrete 312,000 sf
Athletic Center building footprint: 59,650 sf
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
The applicant will reduce or control erosion by using industry accepted standards
including, but not limited to:
Earthwork accomplished during the drier portion of the year such as
late spring and summer.
Catch Basins will be covered to prevent infiltration of sediment.
City of Tukwila Best Management Practices will be followed.
2. Air
a. What types of emissions to the air would result from the proposal (for example,
dust, automobile odors, industrial wood smoke) during construction and when the
project is completed? If any, generally describe and give approximate quantities if
known.
During construction, dust will be controlled by watering exposed dry soil. Exposed
soil in new soccer field areas will be covered with crushed rock material immediately
after completion of the minimal grading. The improvements will slightly increase
automobile traffic but will not significantly increase the environmental impact or
odors beyond existing levels.
b. Are there any off -site sources of emissions or odor that may affect your proposal? If
so, generally describe.
No.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
During construction, dust will be controlled by watering any exposed dry soil.
Exposed soil in the new soccer field area will be covered with crushed rock material
immediately after completion of the minimal grading.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
3. Water
a. Surface:
1. Is there any surface water body on or in the immediate vicinity of the site
(including year -round and seasonal streams, saltwater, lakes, ponds, wetlands)?
If yes, describe type and provide names. If appropriate, state what stream or
river it flows into..
The site is adjacent to the Green River. Currently all on -site stormwater is
collected and piped to a stormwater detention pond. Water is detained in the
pond until the water level reaches elevation _. At that point, it then flows by
gravity to an outlet at the river. During a significant storm event, when the river
level is higher than the storm outlet, water from the pond is pumped to the river
via an existing stormwater lift station.
Proposed plans are to collect storm water and pipe to the existing system. The
existing system will receive minor modifications to collect stormwater from the
new improvements.
2. Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
Some earthwork associated with construction of the new soccer fields will
occur within 200' of the river; however, there will be no direct runoff to the
river and no disturbance of the existing vegetation. All work will be on the
park side of the existing dike (away from the river).
3. Estimate the amount of fill and dredge material that would be placed in or
removed from surface water or wetlands and indicate the area of the site that
would be affected. Indicate the source of fill material.
No fill or dredge material will be placed in or removed from the Green River. The
project will improve the existing storm water basin through removal of sediments.
4. Will the proposal require surface water withdrawals or diversions? Give general
description, purpose, and approximate quantities, if known.
There will be no withdrawal or diversion of surface water associated with the
on -site stormwater pond.
5. Does the proposal lie within a 100 -year floodplain? If so, note location on the
site plan.
Yes, all but a small portion of the site lies within the 100 -year floodplain.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
6. Does the proposal involve any discharges of waste materials to surface waters?
If so, describe the type of waste and anticipated volume of discharge.
No waste materials will be discharged to surface waters.
b. Ground:
1. Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities, if known.
No groundwater will be withdrawn and no water will be discharged to
groundwater.
2. Describe waste materials that will be discharged into the ground from septic
tanks or other sources, if any (for example: Domestic sewage; industrial,
containing the following chemicals...; agricultural; etc). Describe the general
size of the system, the number of such systems, the number of houses to be
served (if applicable), or the number of animals or humans the system(s) are
expected to serve:
No waste materials will be discharged into the groundwater. The new building
sanitary sewer will be connected to the existing on -site sanitary sewer, which is
pumped to the Renton Sewage Treatment Plant to the southeast via an existing
on -site lift station.
c. Water Runoff (including storm water):
1. Describe the source of runoff (including storm water) and method of collection
and disposal, if any (include quantities, if known). Where will this water flow?
Will this water flow? Will this water flow into other waters? If so, describe.
All on -site water in the vicinity of the improvements flows to an existing on -site
stormwater detention pond. The new improvements will utilize the existing on-
site storm sewer system with minor revisions for collecting runoff from the new
fac i lities.
2. Could waste materials enter ground or surface waters? If so, generally describe.
No.
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any:
The new soccer fields will be constructed using synthetic turf which will
significantly minimize fertilizer use from the existing natural turf fields. The
synthetic turf fields will include a 6" thick minimum porous rock base under the
turf. The porous rock will, in effect, serve as a storage reservoir and settling area for
the stormwater prior to its entering the existing stormwater system and detention
pond. All new catch basins will be equipped with elbows which act as oil / water
• •
separators. While there is no anticipated need for oil / water separators, they are
being installed to reduce potential introduction of these contaminents into the
system.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
4. Plants
a. Check or circle types of vegetation found on the site:
X
Deciduous tree: alder, maple, aspen,
other
X
Evergreen tree: fir, cedar, pine, other
Shrubs
X
Grass
Pasture
Crop or grain
Wet soil plants: cattail, buttercup,
bulrush, skunk cabbage, other
Water plants: water lily, eelgrass,
milfoil, other
Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
Existing grass in the vicinity of the improvements will be stripped. Stripped sod will
be recycled for on -site use as much as practical. The entire existing proposed
improvement area was graded and planted in 1975 -1976. There is no significant
native vegetation within the proposed improvement area.
c. List threatened or endangered species known to be on or near the site.
There are no threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance
vegetation on the site, if any:
There is some volunteer willow near the existing detention pond. All other trees
were nursery grown stock planted in the mid 1970s. Any tress affected by new
construction in the vicinity of the pond will be transplanted.
• •
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
5. Animals
a. Circle any birds or animals which have been observed on or near the site or are
known to be on or near the site:
Birds:
Hawk, heron, -: - ongbir. other:
Mammals
Deer, bear, el o er:
Fish
Other
Bass, (jalmor trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the site.
There are no threatened or endangered species known to exist.
c. Is the site part of a migration route? If so, explain.
No.
d. Proposed measures to preserve or enhance wildlife, if any:
Natural occurring vegetation along the river will not be disturbed. Any existing trees
associated with the storm water detention pond that may be affected by improvements
will be replaced by similar trees in the area near the pond.
6. Energy and Natural Resources
a. What kinds of energy (electric,, natural gas, oil, wood stove, solar) will be used to
meet the completed project's energy needs? Describe whether it will be used for
heating, manufacturing, etc.
Electric or gas energy will be utilized for building heat. Currently, reclaimed
water is used for irrigation. Water consumption as a whole will be greatly
reduced with the development of synthetic turf fields.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
b. Would your project affect the potential use of solar energy by adjacent properties? If
so, generally describe.
No.
c. What kinds of energy conservation features are included in the plans of this
proposal? List other proposed measures to reduce or control energy impacts, if any:
Through the development of synthetic turf fields, the use of water for irrigation will
be significantly reduced. The building is designed to maximize use of natural light.
The indoor soccer field portion of the building will be partially heated only.
7. Environmental Health
a. Are there any environmental health hazards, including exposure to toxic chemicals,
risk of fire and explosion, spill, or hazardous waste, that could occur as a result of
this proposal? If so, describe.
No.
1. Describe special emergency services that might be required.
None.
2. Proposed measures to reduce or control environmental health hazards, if any:
With the development of synthetic turf fields, the use of fertilizers on the
existing lawn areas will be eliminated, therefore, water quality entering the
detention pond and ultimately the river, will be dramatically improved. Runoff
from the existing sand soccer field which probably contains silt, will be
eliminated, as that field will also be converted to synthetic turf.
b. Noise
1. What types of noise exist in the area which may affect your project (for example:
traffic, equipment, operation, other)?
The site is bordered on the east by railroad tracks. The facility has been utilized
as a regional park for field games since the mid 1970's. The project will not
increase noise levels, but will potentially increase the number of noise
generating activities. However, there are no receptors to hear the noise
generated.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
2. What types and levels of noise would be created by or associated with the
project on a short-term or long -term basis (for example: traffic, construction,
operation, other)? Indicate what hours noise would come from the site.
There will be short-term construction noise primarily during construction of the
building. Use of the site will not increase on site noise from existing levels.
3. Proposed measures to reduce or control noise impacts, if any:
Short-term construction noise will be minimal. Earthwork will be limited and
building construction will utilize mostly prefabricated and metal structures, which
are quickly assembled.
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
Current use of the site is as a regional park primarily for soccer and softball. Adjacent
properties to the west, south and east are business related. Immediately to the east are
railroad tracks.
b. Has the site been used for agriculture? If so, describe.
The site was originally used for agriculture prior to construction of the original
park in the mid 70's. The site has not been used for agriculture since that
time.
c. Describe any structures on the site.
The site will consist of a new 74,517 sf building which will include two indoor
soccer fields and associated support facilities. A separate 1,460 sf
concession/restroom building and attached 1,400 sf maintenance equipment storage
building are also proposed. The existing stadium grandstand will have a cover
installed as well.
d. Will any structures be demolished? If so, what?
No existing structures will be demolished.
e. What is the current zoning classification of the site?
Current zoning classification is LDR with public recreation overlay.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
f. What is the current comprehensive plan designation of the site?
Current comprehensive plan designation is LDR with public recreation overlay.
g. If applicable, what is the current shoreline master program designation of the site?
Current shoreline master program designation is Urban.
h. Has any part of the site been classified as an "environmentally sensitive" area? If so,
specify.
No.
i. Approximately how many people would reside or work in the completed project?
The number of people working at the completed project may range between 10 and
20 depending on the activities at any particular time.
J•
Approximately how many people would the completed project displace?
No one will be displaced as a result of the completed project.
k. Proposed measures to avoid or reduce displacement impacts, if any:
N/A
1. Proposed measures to ensure the proposal is compatible with existing and projected
land uses and plans, if any:
The proposed plan will greatly enhance the function and usability of the site by
development of synthetic turf fields, which will increase the playability for all users.
As a recreational complex, the proposed improvements by their nature, are very
compatible.
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high,
middle, or low - income housing?
N/A
b. Approximately how many units, if any, would be eliminated? Indicate whether high,
middle, or low - income housing.
N/A
• •
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
c. Proposed measures to reduce or control housing impacts, if any:
N/A
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas; what
is the principal exterior building material(s) proposed?
The main building will be 30 -35 feet tall when seen from the existing parking lot.
The height of the building, when seen from within the project is not intended to
exceed 65 feet and may be less depending on design decisions. The principal
exterior materials will be steel, concrete masonry units (split face or ground face),
with metal siding and roofing.
b. What views in the immediate vicinity would be altered or obstructed?
The site is located in a low area with surrounding properties at a generally higher
elevation that the site. Also, existing trees within the park exceed the proposed
building height and provide screening of the structure. These two factors reduce the
visual impact of the project on surrounding properties. There are no significant
views from the park due to the existing trees within the park and along the river;
therefore, there are no views to be obstructed.
c. Proposed measures to reduce or control aesthetic impacts, if any:
The aesthetics of the park will be greatly enhanced by the new improvements.
Portions of the site have been left fallow since the mid 70's and have served as an
on -site refuse disposal area by Park Department.
The building will be reduced in size around the perimeter and will be articulated to
provide a more human scale.
11. Light and Glare
a. What type of light or glare will the proposal produce? What time of day would it
mainly occur?
Currently, one soccer field is lighted. The six additional soccer fields as staged, will
also be lighted with state -of -the art floodlights.
b. Could light or glare from the finished project be a safety hazard or interfere with
views?
No. New floodlights will be equipped with cutoff fixtures to avoid off site glare.
c. What existing off -site sources of light or glare may affect your proposal?
None.
d. Proposed measures to reduce or control light and glare impacts, if any:
New floodlights will be equipped with shielded fixtures to reduce off site glare. The
existing floodlight fixtures will be replaced over time with more energy efficient and
shielded fixtures to reduce glare and spillage. The building will provide minimal
amounts of light relative to its size.
:+ • {•
• •
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
12. Recreation
a. What designed and informal recreational opportunities are in the immediate
vicinity?
The existing park is a regional athletic facility; however, the entire park was
recently closed by King County.
b. Would the proposed project displace any existing recreational uses? If so, describe.
The proposed improvements will greatly enhance recreational opportunities for the
entire region, since the currently closed facility will be reopened to the public and new
soccer fields provided.
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
Recreational opportunities will be greatly enhanced by virtue of the new
development, increasing the opportunities for all ages and gender.
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed for, National, State, or Local
preservation registers known to be on or next to the site? If so, generally describe.
The far north end of the site was the site of a military outpost in the late 1800's. The
site is named after the then "Fort Dent ". Vandals have since destroyed a plaque
commemorating the site.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific,
or cultural importance known to be on or next to the site.
There is no evidence of historic, scientific, or cultural importance remaining. The
entire site within the constructed dike was modified during the early part of the
century when the site was in cultivation and entire site graded to its current form in
the mid 1970's when the park was developed.
c. Proposed measures to reduce or control impacts, if any:
There will be no changes to the peripheral areas or the existing Green River levee. There will be no
construction associated with the north end of the site where the original Fort Dent existed. If any
historic or cultural resources are encountered during construction or installation of improvements,
work will be halted in the area and a state - approved archaeologist/historian would be engaged to
investigate, evaluate and /or move or curate such resources, as appropriate.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses: Agency Comments
14. Transportation
a. Identify public streets and highways serving the site, and describe proposed access
to the existing street system. Show on site plans, if any.
Regional access to the site is via I -405 to the south. Local access is via Interurban
Avenue on the West. Direct access is via Fort Dent Boulevard from Interurban.
b. Is the site currently served by public transit? If not, what is the approximate distance
to the nearest transit stop?
Public transit exists along Interurban Avenue. Walking distance from the existing
transit stop to the site via existing sidewalks is approximately 1/4 mile.
c. How many parking spaces would the completed project have? How many would the
project eliminate?
Fort Dent Park currently has paved and striped parking spaces for approximately
450 cars. Two stalls will be converted for emergency vehicle access.
d. Will the proposal require any new roads or streets, or improvements to existing
roads or streets, not including driveways? If so, generally describe (indicate whether
public or private).
The project will not require new roads or streets or improvements to the existing
roads or streets, other than the minor modification within the park to accommodate a
drop off area adjacent to the new building and revised parking lot entry for safety.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air
transportation? If so, generally describe.
No.
f. How many vehicular trips per day would be generated by the completed project? If
known, indicate when peak volumes would occur.
The project will generate approximately 226 net new vehicle trips compared to prior
uses at Fort Dent Park.
g.
Proposed measures to reduce or control transportation impacts, if any:
While the additional soccer fields will provide more recreation opportunities, the new,
lighted facilities will allow use into the evening during the winter, which has the
potential to reduce peak hour traffic.
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses:
15. Public Services
a. Would the project result in an increased need for public services (for example: fire
protection, police protection, health care, schools, other)? If so, generally describe.
No increased need for protection facilities.
b. Proposed measures to reduce or control direct impacts on public services, if any.
Agency Comments
The new building structure will include fire prevention materials as required by code.
Police protection may actually be reduced due to the full time presence of persons of
authority at the developed facility.
16. Utilities
a. Circle utilities currently available at the site:
natural ga
system
other:
eptic
b. Describe the utilities that are proposed for the project, the utility providing the
service, and the general construction activities on the site or in the immediate
vicinity which might be needed.
The proposed improvements will utilize existing on site utilities and services.
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that the
lead agency is rel ' • : • em to make i cision.
40d4
Signature:
Date Submitted:
2 2(