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HomeMy WebLinkAboutCDN 2017-07-10 - Item 2B - Development Agreement and Ordinance - Mary's PlaceCity of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Nora Gierloff, DCD Deputy Director CC: Mayor Ekberg DATE: July 5, 2017 SUBJECT: Development Agreement with Mary's Place for a Temporary Family Shelter ISSUE Should the City enter into a development agreement with Mary's Place for a temporary family shelter prioritizing Tukwila families? BACKGROUND The City has been approached by Mary's Place and the owners of the vacant former Barnaby's /Chateau Event Center building at the southwest corner of Strander BI. and West Valley Highway to consider its temporary use as a family shelter. The location is in the Tukwila Urban Center — Transit Oriented Development District and has arterials on two sides and the Green River on a third. The southern edge of the site is adjacent to a commercially zoned lot containing a single family house appraised at $1,000. Modest upgrades to the existing building would be required, including construction of showers, a laundry room, refurbishment of the kitchen and installation of two modular buildings for office space and child care. Shoreline and development permits would be required for this work. Mary's Place has been offering services first for homeless women and then families for 19 years. In 2010 they began to provide overnight shelters, some of which are now located in unused buildings converted into temporary emergency family shelters. Currently Mary's Place has six night shelters available for families with children that accommodate a total of 470 family members each night. The funding for these projects comes from donations to the "No child sleeps outside" fundraising campaign. Tukwila City Council members and staff have participated in regional efforts to address the related issues of affordable housing and homelessness, especially in South King County. These issues are of concern to our City as the Tukwila School District has 375 students classified as homeless, over 10% of the student body. DISCUSSION The proposed shelter in Tukwila would accommodate up to 90 residents in one or two parent families that include at least one minor child. The Tukwila Fire Department will make the final determination on the number of residents that can be safely housed. Priority would be given to families who have a last known address in Tukwila. All applicants would go through background checks prior to moving in to screen out any violent or sexual offenders. Services would be offered to residents only, the Tukwila site would not function as a drop in day shelter. 11 INFORMATIONAL MEMO Page 2 The proposed term of the agreement is three years with a possible two -year extension. Mary's Place has asked that the agreement allow for a second two -year extension for a total of seven years in this location. If the Council supports this request the draft agreement language would need to be modified. Mary's Place has a proven model of moving families with children out of homelessness through intensive support including housing application assistance, job search, employment internships, conflict mediation, move -in assistance, childcare arrangements, and on site ESL and GED classes. The shelter will provide hot meals, laundry, temporary housing, health services, childcare, and space for residents to meet with social service agency representatives. The goal is to place families into permanent housing within 90 days. At least twice per year Mary's Place will contact businesses and property owners within 1/4 mile of the proposed site to ask about any concerns and provide contact information. The phone line would be staffed around the clock for requests or concerns with response within 48 hours for non - emergency items. FINANCIAL IMPACT The Police and Fire Departments anticipate a modest number of calls for service to the site but no other direct expenses are expected. RECOMMENDATION The Council is being asked to hold a public hearing on the development agreement at the July 24, 2017 Committee of the Whole meeting and consider the adopting ordinance at the subsequent August 7th, 2017 Regular Meeting. ATTACHMENTS Draft Ordinance Draft Development Agreement with attachments W:12017 Info MemoslMary Place InfoMemo CDN 7- 10- 17.doc 12 D FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING AND AUTHORIZING THE DEVELOPMENT AGREEMENT WITH MARY'S PLACE FOR THE DEVELOPMENT OF A TEMPORARY FAMILY SHELTER; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170 et seq. and Tukwila Municipal Code Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, use and mitigation of real properties; and WHEREAS, Mary's Place has proposed to renovate and temporarily occupy an existing structure at 16401 West Valley Highway in Tukwila to provide meals, support services, temporary housing and health services to families experiencing homeless- ness; and WHEREAS, no walk -in clients are to be served at this location; this location is not to function as a drop -in day shelter; and WHEREAS, the City of Tukwila and Mary's Place wish to enter into a Development Agreement for a temporary family center and shelter, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 24th day of July 2017 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council finds that the terms of this Development Agreement are necessary to achieve public benefits, to respond to changing community needs and to encourage modifications that adequately achieve the purposes of otherwise applicable City standards; W: Word Processing \Ordinances \DA -Mary's Place 6 -26 -17 NG:bjs Page 1 of 2 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement. The Development Agreement by and between the City of Tukwila and Mary's Place for the development of a temporary family shelter is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2017. ATTEST /AUTHEN.TICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Exhibit A — Development Agreement W: Word Processing \Ordinances!DA -Mary's Place 6 -26 -17 NG:bjs 14 Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Exhibit A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND MARY'S PLACE FOR THE DEVELOPMENT OF A TEMPORARY FAMILY CENTER AND SHELTER I. PREAMBLE THIS DEVELOPMENT AGREEMENT is made and entered into this day of August, 2017, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Mary's Place, non - profit organized under the laws of the State of Washington, hereinafter the "Developer." II. RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, Mary's Place has proposed to renovate and temporarily occupy an existing structure at 16401 West Valley Highway in Tukwila to provide meals, support services, temporary housing and health services to families experiencing homelessness; and WHEREAS, as part of the development permitting process Tukwila will conduct an on- site Crime Prevention Through Environmental Design (CPTED) review of the proposed property with the Mary's Place design team; and WHEREAS, over 10% of families with children enrolled in the Tukwila School District are experiencing homelessness and would benefit from improved access to services and shelter; and WHEREAS, Mary's Place family shelters serve single parent and two parent families with minor children; and WHEREAS, the City wishes to support children and families as they rebuild their lives and Mary's Place has demonstrated the expertise to effectively assist these families; and WHEREAS, no walk -in clients are to be served at this location; this location is not to function as a drop -in day shelter; and WHEREAS, Mary's Place will be staffed 24 hours a day with professionals and volunteers; and W: \Word Processing-City\Ordinances\DA-Marys Place- Exhibit A 6- 26- 17.doc Page 1 of 13 15 WHEREAS, Mary's Place will provide a 24 hour /7 day a week phone contact for the community and commit to respond to requests or concerns within 48 hours; and WHEREAS, at least twice per year Mary's Place will contact all businesses and property owners within 1/4 mile of the subject property to ask about any concerns and provide their contact information; and WHEREAS, the project property is within the 200 -foot Shoreline Jurisdiction and subject to Tukwila's Shoreline Master Program, TMC Chapter 18.44, Shoreline Overlay, and the requirement to obtain a Shoreline Substantial Development permit; and WHEREAS, in order to provide the desired family shelter services on the proposed property, Mary's Place will need to make improvements to the existing building, create a safe exterior play space for children and install two temporary modular buildings; and WHEREAS, the project property is within the TUC -TOD District, which does not explicitly identify or prohibit family center and shelter use as an allowed use; and WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan Goals and Policies, which envisions this zoning district as a high- density, regionally- oriented, mixed -use center having walkable as well as auto - oriented commercial districts; and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.706.170(1)); and WHEREAS, for the purposes of this development agreement, "development standards" include, but are not limited to the standards listed in RCW 36.706.170(3); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.706.200); and WHEREAS, a public hearing for this Development Agreement was held on July 24, 2017, and the City council approved this Development Agreement by Ordinance No. on NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto agree as follows: W: \Word Processing- City\Ordinances \DA -Mary's Place- Exhibit A 6- 26- 17.doc 16 Page 2 of 13 Ill. AGREEMENT Section 1. The Project. The Project is the development and use of the Subject Property, parcel number 2523049007, at 16401 West Valley Highway in the City of Tukwila. As further described in the Site Plan attached as Exhibit B, the Developer proposes to upgrade the existing kitchen, add showers to the bathroom, add laundry facilities and make minor cosmetic alterations to the interior of the structure. Outside of the Shoreline Buffer, the Developer proposes to add two modular buildings, one for administrative offices and meeting areas and one for child care for families residing on the property. A fenced play area for resident children is planned for the southwest corner of the property. Section 2. The Subject Property. The Project property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200. b) "Council" means the duly elected legislative body governing the City of Tukwila. c) "Director" means the City's Community Development Director. d) "Effective Date" means the effective date of the Adopting Ordinance. e) "Project" means the anticipated development of the Subject Property, as specified in Section 1 and as provided for in all associated permits /approvals, and all incorporated exhibits. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — legal description of the Subject Property. b) Exhibit B — Site Plan showing proposed Development c) Exhibit C — King County Appraised Improvement Value. Section 5. Parties to Development Agreement. The parties to this Agreement are: a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188 b) The "Developer" is Mary's Place a non - profit acting as the developer on this project and whose principal office is located at 1830 9th Avenue, Seattle, WA 98101. c) The "Landowner." The Desimone Trust is the current owner of the subject property, and its representatives, heirs, successors and assigns. W: \Word Processing- City\Ordinances\DA -Mary's Place- Exhibit A 6- 26- I7.doc Page 3 of 13 17 Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project is a private development and that the City has no interest therein except as authorized in the exercise of its governmental functions. Section 7. Effective Date and Term. The use on the subject property is intended to be temporary in nature. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement, and shall continue in force for a period of three (3) years unless extended or terminated as provided herein. One extension of up to two (2) years may be granted by the Mayor. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to post - termination obligations of the Developer or Landowner. Section 8. Terms. A. Planning and Development. 1) Land Use: At the family shelter the developer intends to provide meals, support services, temporary housing and health services to Tukwila families experiencing homelessness. Family shelters are not specifically called out in Zoning Code Table 18 -6, however they are similar to and compatible with other permitted uses in the TUC -TOD Zoning District such as extended stay hotels, offices, restaurants and medical clinics. This determination is specific to the Mary's Place proposal and is not applicable to other locations in the City. 2) Parking: The Project will install 55 onsite parking stalls as shown in Exhibit B. Parking can include up to 50 percent compact stalls. The parking lot must also include the number of accessible stalls required by the Washington State Building Code. 3) Landscaping Removal: All landscaping to be removed from the property will be called out on the site plan at Exhibit B. No additional landscaping shall be removed from the property unless the change is approved by the Department of Community Development Director in advance. Removal of landscaping within the Shoreline Overlay must be in compliance with Tukwila's Shoreline Master Program. 4) Signage: All existing business signage on the property including the nonconforming pole sign must be removed prior to building permit final inspection. W: \Word Processing-City \Ordinances \DA -Mary's Place- Exhibit A 6-26-I 7.doc 18 Page 4 of 13 5) Modular Buildings: i. The Project's construction as shown on Exhibit B will not require a Design Review approval. The Director and Developer will work administratively on an acceptable design for the modular buildings that is consistent with the existing building. Once the Project's initial construction is complete, remodeling or additions to the Project may be subject to the City's design review requirements. ii. The modular buildings may be used for administrative offices for Mary's Place, meeting rooms to connect residents with outside agencies, child care, health care for residents, and other services for resident families. The modular buildings may not be used for programs geared to non - residents of the family shelter. iii. The two proposed modular buildings shown on the site plan must be removed from the subject property at the expiration of this Agreement and the area restored with front yard landscaping per TMC Section 18.28.240. 6) Shoreline: i. The existing building is partially located within the 100 -foot Shoreline buffer and, therefore, the building and prior use are nonconforming. The family center and shelter would be considered a Shoreline General Commercial use as identified on the Shoreline Use Matrix in the Zoning Code, as was the last permitted use on the property, so there is no Shoreline change of use and therefore no requirement for restoration or enhancement of the Shoreline Buffer area. ii. TMC Section 18.44.130(E)(2)(a)(2) allows nonconforming structures to be repaired, maintained, upgraded and altered, provided that the cost of the alterations may not exceed 50% of the assessed value of the building in any 3- year period, unless to correct an unsafe condition. The current assessed value of the existing nonconforming structure is $238,300 (see property assessment attached hereto as Exhibit C); thus, no more than $119,150 shall be spent on alterations or upgrades to the building within the Shoreline Buffer. iii. Under the Shoreline regulations, nonconforming rights are lost when a structure is vacated or abandoned for 24 consecutive months unless an extension is granted by the City Council, TMC Section 18.44.130.E.4. The Desimone Trust gained possession of the building from the Chateau Event Center on February 23, 2016. Therefore, the nonconforming rights will expire February 23, 2018 unless a permitted use is re- established in the building. iv. The proposed fencing, reconfiguration of the parking lot and installation of the modular buildings has a fair market value of more than $6,416 so per WAC 173- 27 -040 a Shoreline Substantial Development Permit will be required prior to start of construction. W: \Word Processing- City \Ordinances\DA -Mary's Place- Exhibit A 6- 26- 17.doc Page 5 of 13 19 B. Operations. 1) Clients served by Mary's Place: The family shelter may not accommodate more than 90 residents who will be screened before moving into the family shelter. The actual number of permitted residents will be determined by the Tukwila Fire Department and may be less than 90. Spaces in the shelter will be filled first by families with a last known address in Tukwila and then by other families identified by Mary's Place if space is available. Services will only be provided to family shelter residents. No walk -in clients will be served at this location; thistlocation is not to function as a drop -in day shelter. 2) Outreach: Mary's Place will hold a community notification meeting prior to opening the family center with notice to all property owners and tenants within 1/4 mile of the subject property. Mary's Place will endeavor to resolve any issues or concerns from neighboring properties prior to neighboring properties resorting to enforcement by the City. 3) Nuisance: Properties that generate excessive calls for Fire or Police service may be designated by Tukwila as chronic nuisance properties per TMC Chapter 8.27. Section 9. Dispute Resolution. The Developer and Landowner agree that any conflicts shall be governed under the Dispute Resolution provisions in this section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process rather than in the media or through other external 'means. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the lowest level. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise. However nothing in this section requires the parties to use the following process if circumstances warrant more immediate action including emergency and life safety actions. W: \Word Processing- City \Ordinances\DA -Mary's Place- Exhibit A 6- 26- 17.doc 20 Page 6 of 13 A. Level One. The Developer's site manager or equivalent and the City's Community Development Director, Police Chief, Fire Chief and /or Public Works Director shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level One, either party may refer the dispute to Level Two. B. Level Two. The Developer's Executive Director and the City's City Administrator or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. C. Level Three. After referral of the dispute to Level Three, the Parties may pursue alternative dispute resolution methods such as mediation or arbitration. At all times prior to resolution of the dispute the Parties shall continue to perform and abide by the Agreement under the same terms as existed prior to the dispute. The fees for mediation or arbitration will be borne equally by the Parties. Section 10. Vested Rights. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, in developing the Subject Property consistent with the Project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms and conditions specified in this Agreement, are fully vested in the Developer and may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as expressly consented thereto by the Developer. This Development agreement only covers those specific development standards addressed herein. The City's Development regulations, including building, fire, public works, land use, and signage regulations, shall govern unless specifically addressed in this Agreement. No vesting is created by this Agreement for any other development regulation that is not included in this Agreement. Section 11. Permits Required. With the exception of the design review approval as specified herein, the Developer and Landowner shall obtain all required permits. Section 12. Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the provisions of the City's code, and shall not require an amendment to this Agreement. W: \Word Processing - City \Ordinances \DA -Mary's Place- Exhibit A 6- 26- 17.doc Page 7 of 13 21 Section 13. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA. Nothing in this Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Existing Land Use Regulations. Section 14. Existing Land Use Fees. Land use and sign fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased by the City from time to time, and are applicable to permits and approvals for the Subject Property, as long as such fees apply to similar applications and projects in the City. IV. GENERAL PROVISIONS Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be binding and inure to the benefit of the Parties. Developer may not assign its rights under this Agreement without the written consent of the City. Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. Section 3. Severability. The provisions of this Agreement are separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Agreement, or the validity of its application to other persons or circumstances. Section 4. Termination. This Agreement shall expire and /or terminate as provided below: A. This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all of the permits and /or approvals issued by the City for such development are not substantially underway prior to expiration of such permits and /or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development. B. This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permits and approvals identified in this Agreement, and submits applications for development of the Subject Property that are inconsistent with such permits and approvals. W: \Word Processing - City\Ordinances \DA -Mary's Place- Exhibit A 6- 26- 17.doc 22 Page 8 of 13 C. This Agreement shall terminate upon the expiration of the term identified in Section 111.7. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. D. This Agreement shall terminate upon the abandonment of the Project by the Developer. The Developer shall be deemed to have abandoned the Project if the use is not established on the property by February 23, 2018. E. This Agreement may terminate pursuant to Section IV.3, Severability, or Section III, 7, Effective Date and Term. F. This Agreement shall terminate if the subject property is declared by the City of Tukwila to be a chronic nuisance property per TMC Chapter 8.27. Section 5. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any of the Developer's obligations to comply with the City's Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Subject Property, any other conditions or restrictions specified in the Agreement to continue after the termination of this Agreement, or obligations to pay assessments, liens, fees or taxes. Section 6. Effects upon Termination on City. Upon any termination of this Agreement as to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to then existing planning and zoning laws). Section 7. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Agreement by any party in default hereof. Section 8. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 9. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. W: \Word Processing-City \Ordinances \DA -Mary's Place- Exhibit A 6-26-1 7.doc Page 9 of 13 23 Section 10. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. Section 11. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are not other agreements, oral or written, except as expressly set forth herein. Section 12. Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. Section 13. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Subject Property sold, assigned or transferred to it. Section 14. Amendment to Agreement; Effect of Agreement on Future Actions. This Agreement may be amended by mutual consent of all of the parties, provided that any such amendment shall follow the process established by law for the adoption of a development agreement (see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations affecting the Subject Property during the term of this Agreement as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Nothing in this Development Agreement shall prevent the City Council from making any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations relating to the Subject Property five years from the anniversary date of the Effective Date of this Agreement. Section 15. Releases. Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. W: \Word Processing - City\ Ordinances \DA -Mary's Place- Exhibit A 6- 26- 17.doc 24 Page 10 of 13 Section 16. Notices. Notices, demands, correspondence to the City and Developer shall be sufficiently given if dispatched by pre -paid first -class mail to the addresses of the parties as designated in Section 111.5. Notice to the City shall be to the attention of both the City Administrator and the City Attorney. Notices to subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 17. Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Section 18. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a party or a Landowner to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and /or Landowner(s). In such event, Developer and /or such Landowners shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Developer and /or Landowner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 19. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for both Parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. Section 20. Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Agreement. Section 21. Recording. The City shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the Effective Date. Section 22. Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. W: \Word Processing- City \Ordinances\DA -Mary's Place- Exhibit A 6- 26- 17.doc Page 11 of 13 25 IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be executed as of the dates set forth below: DEVELOPER: CITY OF TUKWILA By By Its Mayor STATE OF WASHINGTON COUNTY OF ) ) ss. ATTEST: By City Clerk APPROVED AS TO FORM: By City Attorney On this day of , 2017, before me personally appeared , to me known to be the individual that executed the within and foregoing instrument, and acknowledged the said instrument to be his /her free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he /she is authorized to execute said instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: W: \Word Processing- City\Ordinances \DA -Mary's Place- Exhibit A 6- 26- 17.doc 26 Page 12 of 13 STATE OF WASHINGTON ) ) ss. COUNTY OF On this day of , 2017, before me personally appeared , and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged as the of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Print name: NOTARY PUBLIC in and for the State of Washington Residing at Commission expires: W: \Word Processing- City\Ordinances\DA -Mary's Place- Exhibit A 6- 26- 17.doc Page 13 of 13 27 28 Exhibit A — Legal Description of Subject Property Parcel 2523049007 POR GL 2 IN NW 1/4 LY WLY OF SR 181 &SLY OF STRANDER BLVD & NLY OF LN RNG S 81 -07 -31 W FR PT ON C/L SD SR 241 FT SELY FR HES 165 + 56.97 29 30 Exhibit B ,i 'f'�§ f1 Vig 4:1 wg" � 1 YYIpB tlM'Cn�+T, IxwWNlepeA c, IOE91 ,e11e4S P48ry,eno pue ,e)uao ea,nosea AI!u+ed neeleyo eaew s Ann N s +0/ .ej dy'4. 'e0.4, + 00 ICI � - �1 a,+' -� I i 3 g 5 g SITE PLAN o o SG'w Y -'r:" 'j+'t 'I I y it .. ,... f+ „ I 3' lin , eI ' ,T a F� nF.'; i> i/, ,�` , / /..4 / <61',.P. , r,, a a& noli ffi€l I ,'. �/, I► fl _,_� SITE PLAN flt '�yyam,. t ,— a w.wnw e' -a . ..: :1'..:� V. 31 32 Exhibit C 1: r•. Sranai P,op tory 'l'a. Bin 111ap'Chis Prnpvrty Glo.sa,y of Terms Area Report PARCEL Propel I, il,Iail ADVERTISEMENT Parcel Number 252304 -9007 Name DESIMONE TRUST WVH Site Address 16401 WEST VALLEY HWY 98188 Legal POR GL 2 INI NWS 1/4 LY WLY OF SR 181 & SLY OF STRANDER BLVD & NLY OF LN RNG S 81-07-31 W FR PT ONC /LSDSR241 FTSELYFRHES 165 +56.97 Year Built Building Net Square Footage Construction Class Building Quality Lot Size Present Use Views Waterfront BUILDING 1 WOOD FRAME AVERAGE 64445 Restaurant/Lounge TOTAL LEVY RATE DISTRIBUTION f1.4(. fI ITax Year: 2017 Levy Code: 2340 Total Levy Rate: $13.32451 Total Senior Rate: $7.80721 School, 4.90978.37.22;: Hospital. 050009. 3.7C% - Library. 0.45118. 3.30% EMS. 0.26005,1.07% Flood, 0 11740.0 133% � i PST. 025000, 1.80% l TPMP. 0.15653, 1.17% City. 3.65735.22.95% -- Pon, 0.15334. 1.15% 45.32% Voter Approved Suatn Setlooi Fond. 201285. 1525% Coorly. 1.311294 10,59%, Click here to see levy distribution comparison by year, TAX ROLL HISTORY Valued Year Tax Year Appraised Land Appraised Imps Value (5) Value (8) Appraised Total (5) Taxable Land Value (5) Taxable Imps Value ($) Taxable Total (5) 2017 2018 1.192,200 238,300 1,430,500 1,192,200 238,300 1,430,500 2016 2017 1,192,200 1196.300 1,388,500 1,192.200 196.300 1,388,500 2015 2016 1.095,500 307.700 1,403.200 1,095,500 307,700 1,403,200 2014 2015 1,095,500 354,500 1,450,000 1,005,500 354.500 1.450.000 2013 2014 1,095,500 437.700 1.533.200 1.095,500 437,700 1.533,200 2012 2013 1,095.500 591,000 1.686,500 1,095.500 591,000 1.686,500 2011 2012 1,095.500 538.300 1,633,800 1.095,500 538.300 1.633,800 2010 2011 1,095,500 464,000 1,559,500 1,095,500 464,000 1,559,500 2009 2010 1,095,500 684.700 1,780.200 1,095,500 684.700 1,780,200 2008 2009 1,031,100 633,800 1,664,900 1,031,100 633.800 1,664,900 2007 2008 1,031.100 633,800 1,664,900 1.031,100 633.800 1,664,900 2006 2007 1,031,100 633,800 1,664,900 1,031.100 633,800 1.664,900 2005 2006 1,095.500 471,500 1,567,000 1,095,500 471.500 1.567,000 ADVERTISEMENT 33 2004 2003 2005 2004 1,095,500 1471,500 1,095.500 384.500 1,567,000 1,480.000 1,095.500 1.095,500 471,500 384.500 1,567,000 1,480,000 2002 2003 1,095,500 384,500 1,480,000 1,095,500 384,500 1,480,000 2001 2002 1,095,500 384,500 1,480,000 1.095,500 384.500 1,480,000 2000 2001 1,095,500 ' 384,500 1,480,000 1,095,500 384.500 1,480,000 1999 2000 966,700 513,300 1,480,000 966.700 513.300 1,480,000 1998 1999 966.700 513.300 1.480.000 966,700 513,300 1,480,000 1997 1996 1994 1998 1997 1995 0 0 0 0 0 0 0 0 0 966.700 966,700 966.700 151,200 151,200 151.200 1.117,900 1,117,900 1,117,900 1992 1993 0 0 0 773,300 291,400 1,064,700 1990 1991 0 0 0 741,100 518,100 1,259,200 1988 1989 0 0 0 386,700 553,500 940,200 1986 1987 0 0 0 214.500 725.700 940.200 1984 1985 0 0 0 193.300 653.800 847,100 1982 1983 0 0 0 270.600 571.300 841.900 34 ADVERTISEMENT