The URL can be used to link to this page

Home My WebLink About2007 - Development Agreement - WEA Southcenter LLC / Prudential Financial Inc - 20070920001425 20070920001425 CITY OF TUKWIL AMND 48.00 PAGE001 OF 006 09/20/2007 12:33 KING COUNTY, WA Return Address: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 (206) 433 -1800 DocumentTitle(s): First Amendment to neve inizoent Agreement B.tunen The r ity of 'Tukwila,VJ A Southcenter LLC. and PrudPni,'a1 Fzn cial 7n r_ fnr P E�,pansion and Renovation of Westfield Southcenter Mall. Parties: Southcenter LLC, and Prudential Financial Tnc.. Other: Last Name First Name Initials Citv of Tukwila Company Name (if business) 6200 Southcen Blvd Address Tukwila WA 98188 2599 City State Zip Code Assessor's Property Tax Parcel/Account Numbers(s): Development Agreement recorded under king County Recording NO. 20060621000329 Contract 05 -123A NO t- FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA, WEA SOUTHCENTER LLC, AND PRUDENTIAL FINANCIAL INC., FOR THE EXPANSION AND RENOVATION OF WESTFIELD SOUTHCENTER MALL THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT "First Amendment is entered into by and between the City of Tukwila, a Washington Non Charter Optional 1\'Iunicipal Code City (the "City and WEA Southcenter LLC, a Delaware limited liability company ("Westfield the majority owner and developer of the Property (defined below). RECITALS A. The City, Westfield and Prudential Financial Inc. "Prudential entered into that certain Development Agreement (Contract No. 05 -123) executed by the City on December 27, 2005, by Westfield on December 13, 2005, and by Prudential on December 23, 2005, and recorded under Ding County Recording No. 20060621000329 (tile "Development Agreement related to the expansion and renovation of the Westfield SollthCenter Mall development site (the Project as depicted and legally described and in Exhibit A and Exhibit B. respectively, of the Development Agreement (the "Property The City, Westfield and Prudential entered into the Development Agreement pursuant to the authority in RCW 36.7013.170 through 210. B. Except for a portion owned by Federated Department Stores, Inc., the Property is owned by Westfield. Westfield acquired the majority of the Property from Prudential on September 29, 2006, and is now successor -in- interest to Prudential under the Development Agreement. C. Pursuant to Section 33 of the Development Agreement, Westfield is vested to the provisions of the "Tukwila Municipal Code "TNIC excluding the building and fire codes pursuant to TMC Chapter 16, in effect on October 6, 2004, the date of the City's issuance of a final environmental impact statement for the Project (tile "EIS Issuance Date except as otherwise provided in the Development Agreement or by state or federally mandated laws preempting the City's authority to vest reOulations for the Project. D. The City and Westfield now desire to amend the Development Agreement to provide that solely with respect to the Tukwila Sign Code, TMC Chapter 19, Westfield is vested to the provisions in effect on January 1, 2007, as opposed to the provisions in effect on the EIS Issuance Date. E. The City and Westfield agree that each has entered into this First Amendment knowingly and voluntarily, and agree to be bound by the terms and conditions of this First Amendment. F. The Tukwila City Council held a public hearing to consider this First Amendment on ALIgLIst 27. 2007. G. SEPA review for the entire Project was fully and completely evaluated through an Environmental Impact Statement entitled Westfield Shoppingtown Southcenter Expansion dated October 6. 2004, prepared pursuant to the State Environmental Policy Act, RCW 43.21C, and no further SEPA review is required in connection with this First Amendment. AGREEMENT NOW THEREFORE, in furtherance of the recitals set forth above, which are incorporated herein by reference, the parties hereby agree as follows: I Vested Rights. Section 3.3 of the Development Agreement hereby is deleted in its entirety 'End replaced with the following: 3.3 Vested Rights. The provisions of the Tukwila Municipal Code ("TNIC excluding building and fire codes pursuant to TMC Chapter 16 and the sign code pursuant to TMC Chapter 19, in effect on the EIS Issuance Date shall apply to the Project, except as otherwise provided in this Agreement or by state or federally mandated laws preempting the City's authority to vest regulations for the Project. Notwithstanding the foregoing, the provisions of the Tukwila Sign Code (TMC Chapter 19) in effect on January 1, 2007 shall apply to the Project. In addition, pursuant to RCW 36.70B.170(4) (Development Agreements Authorized), the City reserves authority to impose new or different officially adopted regulations of general applicability; but only if, and to the extent required by a serious threat to public health and safety as determined by the City Council, and only after notice and an opportunity to be heard has been provided to Westfield. The Project shall not be subject to any development moratoria the City may adopt subsequent to the date of this Agreement unless necessitated by a serious threat to the public health, safety and welfare. 2. Entire Agreement. This First Amendment and the Development Agreement constitute the entire agreement between the parties with respect to the subject matter of this First Amendment. 3. Full Force and Effect. Except as specifically set forth herein, the Development Agreement is and remains in full force and effect and binding on the parties. 4. Severability. In the event this First Amendment is declared unlawful or unconstitutional for any reason, the underlying Development Agreement shall remain in full force and effect and binding on the parties. WP 1t FS TIIELD DEI ELOPLIEN'f A GREEN I ENPPI It ST A\IEND TO DEVELOPNILNI AGREP,IFNI' 11EAG DOC 5. Authority to Execute. The City and Westfield represent and warrant that they have the respective power and authority, and are duly authorized to execute, deliver, and perform Lill of the obligations of this First Amendment. 6. Counterparts. This First Amendment may be executed in counterparts each oh which shall be deemed an original, 1X' WITNESS WHEREOF, the parties hereby duly execute this First Amendment as of the date(s) listed below. ON BEHALF OF THE CITY OF TUKWILA F Date of Execution: Steve MLillett, Mayor TEST: Jane Bantu. City Clerk :APPROVED AS TO FORM City Attorney ON BEHALF OF WESTFIELD: WEA SOUTHCENTER LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, Its sole member By: Westfield U.S. Moldings, LLC, a Delaware limited liability company Its general part] er By: Name', Its: Amistant Seuretar� Date of Ex ution: G, .2007 lTllil_I }.Di!1'i!LOI'P. IF N1 %G!f I: MEN I'YI it ST U MEND "10 DEVELOPNfl: NI A GAITN I HN I IlHAG DOC STATE OF WASHINGTON ss. COUNTY OF r On this day of.; ,2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steve Mullet, to me known to be the person who signed as Mayor of the City of Tukwila, Washington, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that lie was duly elected, qualified and acting as said office of the municipal corporation, that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Iii JIV NOTARY PUBLIC in and for the State of Washington, residing_ at '*My commission expires: [Type or Print Notary Name] First Amendment to Development Agreement between City of Tukwila, WEA SOLIthcenter LLC, and Prudential Financial Inc., for the Expansion and Renovation of Westfield Southcenter Mall STATE OF CALIFORNIA) ss. COUNTY OF LOS ANGELES) On G goo before me, Annie M. Zettel, a Notary Public personally appeared Rol A Aeler personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) ANNIE M. ZU iEL Commission 1478766 7 i "kl? Notary Public California z Los Angeles county My Comm. Expires Apr 21, 2008