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HomeMy WebLinkAbout18-028 - Bellwether Tukwila LLP - Tukwila Apartments Development AgreementReturn Address: Attn:City Clerk's Office City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 11E11 OP 11111 Ell 111111111 11111 111111 11E1111111111 1111 20200226000264 AMENDMENT Rec: $105.50 2/26/2020 10:44 AM KING COUNTY, WA Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 6504) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Amendment #1 Minor Amendment to Development Agreement between the City of Tukwila and Bellwether Tukwila LLP Reference Number(s) of Documents assigned or released: 20180220000993 Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. City of Tukwila , 2. , Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. Bellwether Tukwila LLP 2. , Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Ptn Lot 8 and all of Lot 7, Block 2, Third Add. to Adams Home Tracts, Vol. 15, P.17 Additional legal is on page 2. of document. Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet assigned 004300-0108-00 and 004300-0112-04 and 004300-0116-00 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 18-028(a) Agreement Number: Council Approval N/A Amendment # MINOR AMENDMENT TO DEVELOPMENT AGREEMENT Between the City of Tukwila and Bellwether Tukwila LLP Pursuant to Section 8 of the above -referenced contract, that portion of Contract No. 18-028 between the City of Tukwila and Bellwether Tukwila LLP is hereby amended as follows: Section 7: c) Parking Supply Standard:1-4 Reduce the required parking space standard per residential unit to .97stalls-pe-r-tlit. Increase the compact car allowance to a maximum of fifty percent (50%) of the total parking stalls. Allow the use of the City of Portland minimum dimensions for all standard parking stalls in conjunction with City of Tukwila dimensions for compact parking stalls. Inside the structured parking facility, allow the use of City of Portland minimum dimensions for aisles. (See Table 1). Table 1 City of Portland Minimum Parking Space and Aisle Dimensions Angle Width Curb Length 2 -way Aisle Width Stall Depth 0 — Parallel 8' 22' 6" 20' 8' 90 8' 6" 8' 6" 20' 16' All other provisions of the contract shall remain in full force and effect. Dated this 16 day of CITY OF TUKWILA Bell Allan Ekberg, Mayor 17*(°/16') ATTEST/AUTHENTICATED Christ Ilaherty, MMC, City Clerk CA Revised December 2016 Printed Name: SLAc-,c-^•—s 17,Q/CA APPROVED AS TO FORM Office of t e City A Page 1 of 1 Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -1 of 19 Record Date:2/20/2018 3:15 PM Electronically Recorded King County, WA AFTER RECORDING MAIL TO: Name King County Department of Community & Humai Address 401 Fifth Avenue, Suite 500 City/State Seattle, WA 98104 Attn: Cheryl Markham Document Title(s): 1. DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND BELLWETHER TUKWILA LLLP FOR TUKWILA APARTMENTS Reference Number(s) of Documents Assigned or released: 140-?61I1-I0I ►9 THIS DOCUMENT IS RECORDED AS A COURTESY ONLY. N/A YIRSTAMEU�ES NO TITLE I SU ANCE CO. ASSGrantor(s): SUFfICIENCxVAUDITY OR ACCURACY 1. City of Tukwila 2. ] Additional information on page of document Grantee(s): 1. Bellwether Tukwila LLLP 2. [ ] Additional information on page of document Abbreviated Legal Description: Ptn Lot 8 and all of Lot 7, Block 2, Third Add. to Adams Home Tracts, Vol. 15, P. 17 Tax Parcel Number(s): 004300-0108-00 and 004300-0112-04 and 004300-0116-00 [ X ] Complete legal description is on page 14 of document I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Contract Number: Council Approval: Ordinance Number: Land Use File Number: 18-028 l a_ - 1 % - 1'1 L17-0040 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWIL.A AND BELLWETHER TUKWILA LLLP FOR TUKWILA APARTMENTS THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered this I6tkday of Fe<b r kk - j , 201$, by and between the City of Tukwila, a noncharter, optional code Washington municipal corporation, hereinafter the "City," and Bellwether Tukwila LLLP, a limited liability limited partnership organized under the laws of the State of Washington, hereinafter the "Developer." The sole member and manager of Developer's general partner is Bellwether Housing, a Washington nonprofit corporation ("Bellwether"). The City and Developer are collectively referred to in this Development Agreement as the "Parties," and individually as a "Party." I. RECITALS WHEREAS, this Agreement by and between the City of Tukwila and the Developer relates to the development known as the Tukwila Apartments, which is located within the City of Tukwila; and WHEREAS, Development Agreements between the City and persons having ownership or control of real property are authorized by the RCW 36.70B.170, et seq., and the Development Agreement Chapter of the Tukwila Zoning Code (TMC Chapter 18.86); and WHEREAS, Developer is the contract purchaser of approximately 56,314 square feet of real property designated as Parcel A and. Parcel B; and addressed as 3481, 3707, 3705, 3703 S. 152'' Street, generally located in the block bounded by S. 152 Street on the north; Southcenter Boulevard on the south; Tukwila International Boulevard on the west; and 42 Avenue S. on the east (hereinafter, the "Property"). The Property is shown on the map attached hereto as Exhibit A and as legally described in Exhibit 13, attached hereto; and WHEREAS, the Developer desires to develop transit -oriented, affordable housing in the Tukwila International Boulevard District and the site of this proposed _development is .located within a half mile of the Tukwila. International Boulevard Station ("TM Station"); and WHEREAS, the Developer assures the City that it invests in building, owning, and managing their projects; is committed to involvement in the community around.its projects; and has shown fiscal stability and long term commitment to its mission; and WHEREAS, the Developer submitted an application to the City, Land Use File No. L17-0040, and paid the fee to apply for a Development Agreement; and - Page 1 of 15 WHEREAS. the Developer intends to develop the Property consistent with the City's Comprehensive Plan, wherein the City identifies that Tukwila has a shortage of housing affordable to larger families, and for those households earning less than 60% of King County median income; and WHEREAS, in particular, Policies 8.2.4 and 8.2.10 of the Comprehensive Plan designates the Tukwila International Boulevard District and this site for more intensive development focused on a transit -oriented mix of mid- to high-rise office uses, multifamily residential uses, and commercial services with structured parking that builds on the momentum of the neighborhood's proximity to the TIB Station; and. WHEREAS, Policy 3.3.3 of 'the Comprehensive Plan encourages the continued support of very low, low, and moderate income housing as defined by King County income levels, to address the Countywide need, by supporting regional affordable housing development and preservation efforts and this project will provide affordable housing for very low, low, and moderate income households; and WHEREAS, this Agreement is consistent with the applicable development regulations adopted by the City under the Growth Management Act, 36.70A RCW, RCW 36.70B.170(1), and the City's regulations -including but not limited to TMC 18.86.020, el seq.; and WHEREAS, the Developer's conceptual site plan for the entire project is depicted on Exhibit C, but the City and Developer understand. that the project is subject to all City reviews and permits that could require the modification .of the plan, and subject to Section 7 herein; and WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing; and WHEREAS, pursuant to the Development Agreements Chapter of the Tukwila Zoning Code (TMC 18.86.080), the decision of the City Council to approve or reject the Developer's request for a development agreement is a discretionary, legislative act; and WHEREAS, a public hearing for this Development Agreement was held on December 11, 2017, to take public testimony regarding this Development Agreement as proposed; and WHEREAS, this Developinent Agreement constitutes a final land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.700.1.01 et seq.; and WHEREAS, the City Council approved this Development Agreement by Ordinance No. 2563 on December 11, 2017 and authorized execution of the Development Agreement upon proof of ownership of fee simple title to the Property; and NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows; Page 2 of 15 11. AGREEMENT Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Section 2. Definitions. As used in this 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 that approves this Agreement, as required by RCW 36.70B.200. b) "Affordable I-Iousing" means a housing project in which 100% of the units are rented to households with incomes at the time of initial occupancy at or below 60 percent (60%) of . King County median income, adjusted for household size, with rents no more than 30% of the King County median income. The foregoing restriction does not include any unrestricted resident manager's units. c) "Council".means the duly elected legislative body governing the City of Tukwila.. d) "Development regulations" means ordinances adopted by the City of Tukwila, and in effect on the Effective Date, that govern the permitted uses of .land; the design, density and intensity of use; and the building and construction standards and specifications applicable to the development of the Property, including, but not limited to the Comprehensive Plan; Zoning Code, Zoning Map; the Infrastructure; Design, and Construction. Manual; mitigation imposed or agreed to as part of SEPA review; concurrency requirements; and all other ordinances, rules and regulations of the City. The term development regulations does not include non -land use control regulations, including by way of example and not limitation, taxes and impact fees e) "Director'means the City's Community Development Director. 1:) "Effective Date" means the effective date of the Adopting Ordinance. g) "Effective Period" shall mean and refer to that term as defined at Section 6 herein. h) "Project" shall mean and refer to the development of Affordable Housing with a mix of studios, one, two, and three-bedroom units on the Property in conformance with the terms and conditions of this Agreement and whose site plan is depicted conceptually on Exhibit C. i) "TIB" refers to the Tukwila International. Boulevard, the principal City arterial that runs north to south through the center of the TI.BD. "T1BD" shall mean the Tukwila International Boulevard District depicted in the Comprehensive Plan and is generally bounded by S. 160th Street, 42 Avenue S., Military Road S. and S. 137`x' Street. .i) Page 3 of 15 k) "Zoning Code" refers to Tukwila Municipal Code Chapter 1.8. Section 3. Statement of Authority and intent. This Agreement is entered pursuant to the authorization of Development Agreements in the Revised Code of Washington (RCW 36.70B.170) and the Development Agreements chapter of the Tukwila Municipal Code (TMC 18.86) and is intended and designed to vest this development to certain terms and conditions. Other than those terms and conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time of a complete building permit application shall apply. Section 4. Exhibits. Exhibits attached hereto or referenced are incorporated -by such reference as if fully set forth herein. They are as follows: a) Exhibit A — Map of the Property b) Exhibit B — Legal Description of Property c) Exhibit C — Conceptual Site Plan of the Project Section 5. Parties to this 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 an affiliate of Bellwether Housing, a Washington nonprofit corporation, whose principal office is located at 1651 Bellevue Avenue; Seattle, WA 98122. Bellwether is the sole member and manager of the Developer's general partner. Section 6. .Effective Period of this Development Agreement. The "Effective Period" for this Agreement shall be from the Effective Date and -shall be valid until December 31, 2023. If Developer has not submitted and the City has not accepted a complete building permit application, and building permits have not been secured for the development by the end of the Effective Period, this Agreement shall be voided, and development may occur on the subject site pursuant to the then adopted development regulations. Section 7. Development Standards; Conditions. RCW 36.80B.180(3)(d) and TMC 1.8.86.0 30 authorize the establishment of design standards by a development agreement. '1'iMC 18.86.030 explicitly allows for flexibility in development standards applicable to a property developed under a development agreement to achieve public benefits, respond to changing community needs, or encourage: modifications that provide the functional equivalent or adequately achieve the purposes of otherwise applicable City standards. Pursuant thereto and during the Effective Period, the provisions of this Section 7 set forth the development standards that differ from or supplement those standards set forth in the City's development regulations. Accordingly, the. following development standards shall. apply to and govern and vest the development, use, and mitigation of the Project in lieu of any conflicting or different standards or regulations elsewhere in the development regulations. Page 4 of 15 a) Building Height: Increase the maximum building height from HDR standards of 45 feet to 70 feet as measured from grade plane to be consistent with Building Code standards. b) Recreation Space standards: Reduce required Recreation Space standard to 15% of residential area. Recreation space shall include a play structure made of durable materials designed for small children that is installed on a rubberized surface with adequate fall zone protection and a functional space for active play for older children, such as climbing rocks and/or areas for ball -oriented play. c) Parking Supply Standard: 1:1 stalls per unit. d) Lot area per Unit: no minimum; density to be determined by the other standards, such as height, parking, landscaping, etc. e) Maximum Building Length: no maximum — to be determined during design review by Board of Architectural Review l) Development area coverage: 75% g) Setbacks: • Front: 6 feet • Side: 25 feet for 4th' floor and higher In exchange for the modified development standards stated herein, the Developer shall provide the City a 20 -foot easement along the west .Property line for a future street. Before final approval for any site construction for the Project, the Developer shall grant the easement to the City. Section 8. Major and Minor Amendments - Development Agreement All proposed amendments to the Agreement shall be considered in accordance with this Section. a) Process. The Mayor may approve Minor Amendments to the Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Agreement as an amendment. The City Council may approve Major Amendments to the Agreement in accordance with the same process for approval of the Agreement. A Major Amendment to the Agreement approved by the City Council and mutually agreed to by the Parties shall be incorporated into this Agreement as an amendment pursuant to Section 8 hereof. b) Minor Amendment Defined A proposed amendment to the Agreement shall be considered a minor amendment if the proposed amendment does not materially modify the size or scope of this Project as defined by the Agreement. c) Major Amendment Defined A proposed amendment to the Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment. Page 5 of 15 d) Determination. An application for a Minor Amendment shall be made to the Mayor or his designee. The application shall describe the proposed Minor Amendment in sufficient detail such that the Mayor,' or his designee, can determine whether the proposal qualifies as a Minor Amendment. If the'application does not provide sufficient information, the Mayor, or his designee, may request additional information from the Developer or reject the application. Upon receipt of sufficient information to determine if the proposal set forth in the application constitutes a Minor Amendment, the Mayor, or his designee, shall determine if the proposal constitutes a Minor Amendment. If the Mayor, or his designee, determines that the proposed amendment is a Minor Amendment, the Amendment may be administratively approved by the Mayor, or his designee, by noting the changes in the Land Use File L17-0040. If the Mayor determines that the proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance with the same process for approval. of an Agreement, may withdraw its proposed amendment, or modify and re -submit its proposed amendment. The determination of the Mayor shall be a :final decision. Section 9. Further Discretionary Actions. The Developer acknowledges that the City's development regulations contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit applications under SEPA and Design Review. 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 development regulations. Section 10. Fees. a) La.nd use 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 relevant permits and approvals for the Property. b) Development and Impact fees are governed by the regulations and procedures set forth in the Buildings and Construction and the Vehicles and Traffic Chapters of the Tukwila Municipal Code (TMC 16.04, TMC 16.26, TMC 16.28 and. TMC 9.48, as amended.) This Project is eligible to apply for affordable housing .impact and development fee reductions through the procedures established in the TMC. Section 11. Assignment of Interests, Rights, and Obligations. This Agreement shall be recorded in the records of King County. The benefits, obligations and covenants contained in this Agreement shall attach to and run with the land and be binding upon and shall inure to the benefit. of the heirs, successors and assigns of the, Developer and the City, subject to the following: a) Noass.ignrnent or assumption in favor of a successor to Developer or a subsequent owner of the Property shall be effective until the City, by action of the City Council, approves of Page 6 of 15 the -successor, which such approval shall not be unreasonably withheld provided the successor evidences the intent to undertake and complete the Project in the same or substantially similar form as depicted on Exhibit C hereto; b) Any request for City approval of an assignment or assumption shall be in writing. If the City wishes to disapprove any proposed assignment or assumption, the City shall set forth in writing and in reasonable detail the grounds for such disapproval. If the City fails to disapprove any proposed assignment within forty-five (45) calendar days after receipt of written request for such approval, such assignment or assumption. shall be deemed to be approved. The approval rights of the City set forth in Sections 1 1(a) and (b) shall terminate upon issuance of a certificate of occupancy for the Project. Upon issuance of a building permit for the Project, the benefits obligations, and covenants contained in the Agreement shall attach to and run with the land and be binding upon and shall inure to thebenefit of the heirs, successors and assigns of the Developer. This Agreement shall apply to after-acquired title of any owner of the Property. Section 12. Termination. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for the Project. 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 .Developer has not submitted and the City has not accepted a complete building permit application and a building permit has not been secured for the Project within the Effective Period of this Agreement. 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. Section 13. Performance. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance, or require action consistent with this Agreement. Section 14. 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. Section 15. Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, the prevailing Party shall be entitled to any award of attorneys' fees and costs. Section 16. Notice of Default/Opportunity to Cure/Dispute Resolution. a) In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice Page 7 of 15 of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending .Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach unless the Parties agree, in writing, to additional time. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the cure period or (b) the conclusion of any dispute resolution process. b) After notice and expiration of the thirty (30) day period or other period as agreed to by the Parties, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to. obtain penalties and costs as provided in the Tukwila Municipal Code for violations of this Agreement and the Code. Section 17. 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 18. Integration. This Agreement and its exhibits represent the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. Section 19. Authority. The Parties each represent and warrant that they have full power and actual authority to enter 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 organizations. Section 20. Effect of Agreement on Future Actions. Nothing in this Agreement shall prevent the City Council from making any amend.m.ent to its Comprehensive Plan, Zoning Code, Official Zoning Map, or development regulations affecting the Property. Section 21. Notices. All communications, notices, and demands of any kind that a Party under this Agreement. requires or desires to give to any other Party shall be in writing and either i.) delivered personally or ii.) dispatched by pre -paid first-class mail, certified, return receipt requested and addressed as follows: if to the City: City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Page 8 of 15 Attention: Mayor's Office With a copy to: City Attorney City of Tukwila Kenyon Disend, PLLC 11 Front Street South Issaquah, WA 98027-3820 If to the Developer: Bellwether Tukwila. LLLP c/o Bellwether Housing 1651 Bellevue Avenue Seattle, WA 98122 Notice by hand shall be effective upon receipt. If deposited in the mail, notice shall be deemed delivered 48 hours after deposited. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 22. Excusable Delay Force Majeure. In addition to specific provisions of this Agreement and notwithstanding anything to the contrary in this Agreement, neither Party shall be in default in the performance, or the failure of performance, of its obligations under this Agreement, or in .the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock outs, or other labor disturbances, one or more acts of a public enemy, riot, sabotage, blockade, embargo, flood, earthquake, fire, quarantine, lack of transportation, court order delay, or failures ofperformance by any governmental authority or utility company, so long -as -the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company. Lack of funds of Developer or inability to finance the construction of the development and Developer's inability to lease the development are not causes beyond the reasonable control or without the fault of Developer. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable in each case as evidenced by a notice from the Party claiming the extension. An extension of time for the duration of such event will be deemed granted if notice by the Party claiming such extension is sent to the other as to any of the above causes other than Permit Delays within 10 days from the commencement of the cause and such extension of time is riot rejected in writing by the other Party within 10 days of receipt of the notice. Such extension of time is referred to herein as Force Majeure. Section 23. Indemnification. Except as, otherwise specifically provided elsewhere in this Agreement and any Exhibits hereto, each Party shall protect, defend, indemnify, and hold harmless the other Party and their officers, agents, and employees or any of them from and against all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever that are caused by or result from any negligent act or omission of the Party's own officers, agents, and employees in performing services pursuant to this Agreement..i.f Page 9 of 15 any suit based upon such a claim, action, loss, or damage is brought against a Party, the Party whose negligent action or omissions gave .rise to the claim, shall defend the other Party at the indemnifying Party's sole cost and expense. If final judgment be rendered against the other Party and its officers, agents, and employees, or jointly the Parties and their officers, agents, and employees, the Parties whose actions or o.missions gave rise to the claim shall satisfy the same, if in the event of concurrent negligence each Party shall indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity and not for members of the public. Section 24. 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 25. Interpretation/No Presumption Against Drafter. The Parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170, et seq. 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 26. .Pleadings. 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 27. Time. of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of Washington, then the time shall be extended automatically to the next business day. Section 28. Legal Representation. In entering 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. Section 29. Entire Agreement.. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements oral or written. [Signcitures on Folloyving Pcrge] Page l0 of 15 IN WITNESS WHEREOF, the patties hereto have caused this Development Agreement to be executed as of the dates set forth below: CITY OF TU By -6).(- Allan Ekberg i t, & C(t ilk Mayor CL11/ APPROVED AS TO FORM: By City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF K v' j ) On this \ *A-1/‘ day of Fe._ to , 2010, before me personally appeared D 0.v v. e. , and saidperson acknowledged that(she signed this instrument, on oath stated thathe was authorized to execute the instrument, and acknowledged as the v.t 54reef-oc.. of the City of Tukwila to be the free and voluntary act of said party for the uses and purposes mentioned in this instrument. Page 11 of 15 ���0?ARS.t� NA �i g«S�'�4 15,44se-29- was' ,- ' �� WASN`T•``.. F X111%q• Jo 1, tat A Print name: 6exr ara- ' St ( o\ NOTARY PUBLIC in and for the State of Washington Residing at 112---A-©a W a 5 \ • Commission expires: 3 - a2`1 -1 8 Developer: Bellwether Tukwila LLLP, a Washington lirnited liability limited partnership By: HRG Development LLC Its: General Partner By: B- �� �: Ho sing Its: S • I ber : d Mger Printe Title: STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that L.- �T' G� is the person who appeared before me and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the l_,E, 0 of Bellwether Housing, the sole member and manager of HRG Development LLC, the general partner of Bellwether Tukwila LLLP, to be the free and voluntary act such nonprofit corporation on behalf of such company on behalf of such partnership for the uses and purposes mentioned in the instrument. DATED: al r• M C 'h 44/= NOTA9y ; Oz�� Z, % • #0,cn'�•, PUBLIC = °�:: s Com, Page 12 of 15 744 (C. (Prig e) v (r O- VA Residing at���%- My appointment expires: Exhibit A Map of the Property S, 152nd PARING -14/- 011i,}•_. ti \ sort ' ax+tiE� ong e.r a ,ie Of cF 4104'-M 1; `(J ,r rPt s 152y 3711 yIN !f zJ P4AC£4. A 1\ A 1 • s: i FI i ti Edi ;Sj}r,RFS - txkliE4T I C.. tiO. Yh'?.5.57 • fIJCf Ci6' 5 x C.J E 7.7'9 v C(i.tig,, 19 < i [attached] Page 1.3 of 15 t 18. C20 COMER E CF \--FENCE C.-CRWR 4'yf"3LS' E LF Ceithrr< Exhibit.B Legal Description PARCEL A: LOT 7, BLOCK 2, THIRD ADDITION TO ADAMS HOME TRACTS, RECORED IN VOLUME 15 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON. King County Assessor Tax.parcels: 004300-0108 & 004300-0112 PARCEL B: THE WEST 63 FEET OF LOT 8, BLOCK 2, THIRD ADDITION TO ADAMS HOME TRACTS, ACCORDING TO PLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 17, RECORDS OF KING COUNTY. WASHINGTON. King County Assessor Tax parcel: 004300-0116 Page 14 of 15 Exhibit C Conceptual Site Plan I ^r 52nd Stie'et� - i, t• ,dopa .s:a-crape 105.9a ' aI' 1 1,1 r! Frod.112 yr 6-Spotetory.Apartrnent "(86.8 ditto}, 1E, • �'i o' o'� 26j fY.' Levet 1 a'1Qtiej entry t<lt • 1h t rN.. • gr�,r� r fiy• �yi r}� Ar{j�rFt K .I :� 3 fro -accu5 6 Level Pkgorags, =-nrry -. y j cr-fve yc ipob'J 2.X.0 sf-`— •1 -'b"• 4,s- re', Ore' feel TNG 'e:ba CK 2. 5.cic7G Gs lonc:ca2e DL fet Page 15 of 15 �,, / A, C .� / j 1a I. -\ 0 1 generates / " ! �/ �. ��.r / ..''''''—'="'":1-0'43- r Is . . ,1 o _o. ag�) / / 7t0 k- 1e Yet Otte 0 a 0 set boc1 & w t, 1ar;;.icope t $1:5'46`7f 155.92 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2563. On December 11, 2017 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: Ordinance 2563: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED BELLWETHER HOUSING DEVELOPMENT AGREEMENT FOR PARCELS A AND B AT 3481, 3703, 3705, AND 3707 S. 152ND STREET WITH BELLWETHER TUKWILA, LLLP, A WASHINGTON LIMITED LIABILITY LIMITED PARTNERSHIP; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: December 14, 2017 240$ T 1 of Washington Ordinance No. ryD.3j ("3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF. TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED BELLWETHER HOUSING DEVELOPMENT AGREEMENT FOR PARCELS A AND B AT 3481, 3703, 3705, AND 3707 S. 152ND STREET WITH BELLWETHER TUKWILA, LLLP, A WASHINGTON LIMITED LIABILITY LIMITED PARTNERSHIP; 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, the City of Tukwila and Bellwether Tukwila, LLLP, wish to enter into a Development Agreement for the 3481, 3703, 3705 and 3707 S. 152 Street development, a map and description of which are attached hereto as included in Exhibit A; and WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a public hearing was conducted on the 11th day of December 2017 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to this City Ordinance No. 2563, approves this Development Agreement as proposed and authorizes execution of this DevelopmentAgreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Bellwether Housing DA 11-20-17 MB:bjs Page 1 of 2 Section 1. The Bellwether Housing Development Agreement by and between the City of Tukwila and Bellwether Tukwila LLLP, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila upon receipt from Bellwether Tukwila, LLLP of proof of ownership of fee simple title to the Property. 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 Special Meeting thereof this f 11.1/clay of 4 pc p r� ✓" , 2017. ATTEST/AUTHENTICATED: Christy O'Fla erty, MMC, City Cr rk APPROVED AS TO FORM BY: achel B. Turpin, City Attorney Exhibit A: Development Agreement W: Word Processing\Ordinances\Bellwether Housing DA 11-20-17 MB:bjs Filed with the City Clerk: ) - ( i Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2