HomeMy WebLinkAbout18-096 - BKM Tukwila 117, LLC / BKM Andover 118, LLC - Fire Code Compliance Agreement18-096
Council Approval N/A
FIRE CODE COMPLIANCE AGREEMENT
THIS CODE COMPLIANCE AGREEMENT ("This Agreement") dated June aa' 018, is
executed by the City of Tukwila Fire Department ("the City") and BKM Tukwila 117, LLC and
BKM Andover 118, LLC ("the Owner"). The City and Owner are herein collectively referred to
as the "Parties." The Parties agree as follows:
RECITALS
A. Owner owns 38 buildings in the City of Tukwila that were purchased on August 8, 2016
and October 25, 2016..This group of buildings is described as comprising buildings A, B,
C, D, E and F on Strander Drive (601 through 699 Strander Drive), and buildings 2, 3, 4,
5, 6, 8, 9, 10, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 on Industry Drive
(400 through 1164 Industry Drive), Tukwila, Washington, 981.88 ("the Property").
B. The City delivered two letters to the Owner, both dated. January 6, 2017, requiring that:
"[w]hen sold, existing commercial/industrial buildings equipped with an existing
fire alarm system shall upgrade to current fire alarm ordinance
requirements...[including]...detectors installed in compliance with the Building
Code...meet[ing] the requirements of N.F.P.A. 72 and City Ordinance #2437... to
be installed within 120 days." See Exhibit 1, Fire Department letters dated
January 6, 2017.
C. The Owner timely filed a Notice of Administrative Appeal on January 20, 2017,.with the
City Clerk. The Appeal asserts that continuing use of the Property is lawful and in
compliance with State Building and Fire Codes, and among other things, that the
requirement of TMC 16.40.100 to upgrade the Property to current fire alarm requirements
"when sold" impermissibly conflicts with State Building Code Section 102.6 Existing
structures, and effects a regulatory taking and denial of substantive due process in
violation of state and federal constitutional guarantees.
D. The City and Owner desire to avoid administrative appeal and possible litigation over
propriety or impropriety of the City Order and TMC 16.40.100, and resolve any and all
disputes that exist relating to these matters, as provided in this Agreement.
In consideration of the mutual promises and agreements contained herein, the City and Owner
agree as follows:
1. Future Fire Alarm Improvements. For each building at issue according to the City's
specification at Exhibit 1, the Owner, upon seeking a tenant improvement permit
encompassing 50% or more of the building gross floor area, will update that building's
fire panel and related fire alarm sensors upon approval of the tenant improvement permit.
Nothing in this section shall relieve the Owner from updating fire system improvements
that may otherwise be required by the TMC, such as an upgrade required by a change of
occupancy or use that according to building code classification poses a greater fire risk.
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6410381.1 1 s v g O
2. Building 17 Current Fire Alarm Improvement. The Owner will have a fire alarm system
vendor submit an application to the City to retrofit the fire alarm panel and sensors in
Building 17 to Fire Code alarm requirements in effect at the date a complete application
is filed. Said application will be filed within 60 days of the date of this Agreement and
completion of this work will occur within 90 days of City permit approval. Unforeseen
problems with material or labor may result in extension of the permitted work completion
deadline upon prior consultation and approval by the City, which approval shall not be
unreasonably withheld. The work shall be deemed complete upon final inspection and
approval by the City.
3. Rescission of City Letters and Acknowledgment of Legal Use. Within fourteen days
following the City's final inspection and approval of Building 17 fire alarm
improvements according to foregoing paragraph 2, the City shall issue a letter to Owner
rescinding the two letters attached hereto at Exhibit 1 and confirm that according to the
terms and obligations of this Agreement that the Property complies with TMC 16.40.100.
4. Release by Owner. Owner, on behalf of itself and its affiliates, successors, and assigns,
releases and forever discharges and covenants not to sue with respect to any and all
claims, rights, demands, and causes of action, whether known or unknown, liquidated or
unliquidated (including attorneys' fees and costs), Owner has, had, or could have asserted
against the City and the City's employees, in their individual and official capacities that
(1) arose from the beginning of time to the date of this Agreement and (2) relate to the
matters raised or could have been raised in connection with the Fire Department Letters
attached as Exhibit 1 and Owner's administrative appeal of same.
5. Release by the City. The City releases and forever discharges and covenants not to sue
with respect to any and all claims, rights, demands, and causes of action, whether known
or unknown, liquidated or unliquidated (including attorneys' fees and costs), which the
City has, had, or could have asserted against Owner or Owner's affiliates, past or present
officers, directors, agents, representatives or employees and their respective heirs,
executors, or administrators and assigns that (1) arose from the beginning of time to the
date of this Agreement and (2) relate to the matters raised or that could have been raised
in connection with the Fire Department Letters attached as Exhibit 1 and Owner's
administrative appeal of same.
6. No Admission. This Agreement is intended strictly for the purpose of compromising
disputed claims and avoiding the expense and risks of administrative appeal and
litigation. This Agreement is not, and shall not be construed as an admission of liability
or wrongdoing on the part of any party.
7. Costs. Owner and the City shall bear their own costs as they were originally incurred
in connection with the matters covered by this Agreement.
8. Choice of Law. This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Washington.
9. Authority. The individual signatories to this Agreement represent that they have been
duly authorized to execute this Agreement on behalf of the Parties they purport to
represent herein.
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6410381.1
10. Amendments. This Agreement may not be amended or modified except by a writing
signed by the Parties to be bound thereby.
11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective heirs, executors, administrators, successors, and
assigns. Without limiting the generality of the foregoing, the City acknowledges and
agrees if Owner conveys the Property, Owner's rights under this Agreement may be
enforced by Owner's successors and assigns and their respective successors and assigns.
12. Entire Agreement. This Agreement constitutes the final written expression of all the
terms of this Agreement and is a complete and exclusive statement of the terms of this
Agreement.
13. Severability and Savings Clause. If any provision contained in this Agreement is
rendered or declared invalid, the remaining provisions of this Agreement shall remain in
full force and effect.
14. Counterparts. This Agreement may be executed in counterparts by one or more of the
Parties named herein, and all such counterparts once so executed shall together be
deemed to constitute one final agreement, as if one document had been signed by all
Parties hereto; and each such counterpart, upon execution and delivery, shall be
deemed a complete original, binding the Parties to this Agreement.
15. Effectiveness. This Agreement shall become effective immediately following execution
by all Parties.
16. Captions. The captions contained in the paragraphs of this Agreement are for
convenience of reference only and do not in any ways limit, expand or modify the
terms or provisions of this Agreement.
Signature Pages Follow
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6410381.1
BKM Tukwila 117, LLC
a California limited partnership
-0401.7
By:
Its: bk e 7 V 1$ FA 't Afrt
BKM Andover 118, LLC
a California limited partnership
Dated: G/34
By: Dated: 0.4c
Its:
Page 4 of 7
6410381.1
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of 0rtt
On ,7u-t�Q, {� 4 , 20 16, before me,56w/. iic, a notary public, personally
appeared 9.4.4,4¢.. %%e,'0 -,g 2—;- who proved to me on the basig'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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signat
SAARA LIISA GABOURY
Commission # 2121479 L
Notary Public - California z
a'`' Orange County n
(Seal) 3_
My Comm, Expires Jul 30, 2019
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of nre-rtay--
OnJ v�+'� 16 , 201V, before me, ;ems- , a notary public, personally
appeared V ho proved to me on the basis' of satisfactory evidence to be the
person(s) whose name( 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Page 5or7
6410381.1
(Seal)
SAARA LIISA GABOURY
Commission # 2121479
Notary Public - California
Orange County
My Comm. Expires Jul 30, 2019
CITY OF TUKWILA
By:
Its•
Signature Page to Code Compliance Agreement
City of Tukwila
STATE OF WASHINGTON
ss.
COUNTY OF KING
Dated: tp -a a C
On this day personally appeared before me Aqua) = ,, to me known to be
the individual described in and who executed the within and foregoing instrument, and
acknowledged that he signed the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this 9a wa day of Slot 2018.
6410381.1
Oo,vk6),__
�Owc r f 4 (rvit er D% et -con
(print notary's name)
Notary Public in and for the State of Washington,
residing at
My commission expires: /2 • / / 7
Page 6 of 7
City of Tukwila
Fire Departizelit
January 6, 2017
BK1vI Tukwila 117, LLC
c/o bkm Capital Partners
111 Theory
Suite 11250
Irvine, California 92617
EXHIBIT 1
Re: Buildings A, 8, C, 1), E, F on Strancler Drive (601 thru 699 Strandcr Drive).
Dear Owner:
Our records indicate that you have purchased the property at the above referenced address.
City of Tukwila Ordinance /12437 states that automatic fire alarm systems shall be installed in existing
commercial, industrial and multi -family dwellings when solei, if they are not already litlly protected by an
automatic sprinkler system. (TMC 16.440.100) Multi -family dwellings and lodging houses, fully protected by an
automatic sprinkler system, shall install a fire alarm system. When sold, existing commercial/industrial buildings
equipped with an existing fire alarm system shall upgrade to current fire; alarm ordinance requirements. Such
system shall have detectors installed in accordance with the Building Code. Common areas and exit corridors
shall be protected by detectors, torn strobes and manual pull stations, monitored by a U.L. Central Station. (TMC
16.40,110)
All fire alarm systems shall meet the requirements ofN.P.P.A. 72 anti City Ordinance /12,437. An approved
automatic sprinkler system may he installed in lieu of a tare alarm system.
All new fire alarm systems or modifications to existing systems shall have the written approval oldie Tukwila
Fire Prevention Bureau. No work shall continence until a Incirdepartment permit has been obtained.
Please have a fire Marin system installed within 120 days.
TaInvlla Fire Alarslral's Office * 6300 Sonthcenter 111t'4L, Suite 11209 • T iewila, Washington 98185' • Phone: 206-575-4407 •
Fax; 206-575-4439 • Entail; Flre,lhrshitkil ukwilawu.go1'
EXHIBIT 1
City of Tukwila
Page 2
if you have any questions, regarding this matter, please feel free to contact me at 575-4407.
Yours truly,
Battalion Chief Don Tomaso
Fire Marshal
Tukwila Fire Marshal's Office • 6300 Southcenter Blvd., Sulte (1209 • Tukwila, Washington 98188 • Phone: 206-575-4407 •
Par 206-575-4439 • Email: F1reMarshat@a tukwilawa gov
City of Tukwila.
Fire Department
January 6, 2017
BKM Andover 118, C,LC
111 Therory
Suite #250
1 rvinc, California 92617
EXHIBIT 1
Rc: Bui[dings 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 on Industry Drive
(400 thru 1 164 industry Drive
Dear Owner:
Our records indicate that you have purchased the property at the above referenced address.
City of Tukwila Ordinance 112437 states that automatic fire alarm systems shall be installed in existing
commercial, industrial and multi -family dwellings when sold, if they arc not already fully protected by an
automatic sprinkler system. (TMC 16.40,100) Multi -family dwellings and lodging houses, fully protected by an
automatic sprinkler system, shall install a lire alarm system. When sold, existing commercial/industrial buildings
equipped with an existing fire alarm system shall upgrade to current lire alarm ordinance requirements. Such
system shall have detectors installed in accordance with the Building Code. Common areas and exit corridors
shall be protected by detectors, horn strobes and manual pull stations, monitored by a U.L. Central Station. (TMC
16.40.1 10)
All fire alarm systems shall meet the requirements ofN.F.P.A, 72 and City Ordinance 112437. An approved
automatic sprinkler system may be installed in lieu of a fire alarm system.
All new fire alarm systems or modifications to existing systems shall have the written approval of the Tukwila
fire Prevention Bureau. No work shall commence until a tire department permit has been obtained.
Please have a fire alarm system installed within 120 days.
Tukwila fire elMarcha!'s Office • 630f1 Sordhceute'r Blvd., S'ulte 11209 • Trrk,rvilrr, Washington 98!88 • ?home: 206-575-4407 •
Frrx• 2(16-575-4439 • Email: F/r•e8t/rushal@lakiviIawa.jor
EXHIBIT 1
City of Tukwila
Page 2
If you have any questions, regarding this matter, please feel free to contact me at 575-4407.
Yours truly,
Battalion Chief Don Tomaso
Fire Marshal
Tukwila Fire Marshal's Office • 6300 Sourlrcenter Blvd., Salle #209 • Tukwila, Washington 98188 +Phone: 206-575-4407 •
Fax: 206-575-4439 • Entail: FireMarshal®lukwilawa.gov