HomeMy WebLinkAboutCDN 2018-10-23 COMPLETE AGENDA PACKETCity of Tukwila
Community Development &
Neighborhoods Committee
9 Kate Kruller, Chair
• Kathy Hougardy
Zak Idan
AGENDA
TUESDAY, OCTOBER 23, 2018 — 5:30 PM
HAZELNUT CONFERENCE ROOM
(At east entrance of City Hall)
Distribution:
K. Kruller
K. Hougardy
Z. Idan
V. Seal
D. Robertson
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
L. Humphrey
Item
Recommended Action
Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. An interagency agreement with King County for the
a. Forward to 11/5 Consent
Pg.1
Lake to Sound Trail.
Agenda.
Robert Eaton, Parks & Recreation Manager
b. An Interlocal Agreement with the City of Seattle for
b. Forward to 11/5 Consent
Pg.59
hearing examiner services.
Agenda.
Nora Gierloff; Deputy Community Development Director
c. A resolution updating rental housing fees.
c. Forward to 11/5 Consent
Pg.65
Kia Shagena, Code Enforcement Officer
Agenda.
d. A resolution for DCD-Public Works fees.
d. Forward to 11/5 Consent
Pg.69
Nora Gierloff, Deputy Community Development Director
Agenda.
e. A resolution adopting the 2019 Legislative Agenda.
e. Forward to 11/13 C.O.W.
P9.83
Rachel Bianchi, Deputy City Administrator
and 11/19 Regular Mtg.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Wednesday, November 14, 2018
t> The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerkPTukwilaWA.gov) for assistance.
City of Tukwila
Allan Ekberg, Mayor
INFOR ATIONAL E ORANDU
TO: Community Development and Neighborhoods Committee
FROM: Rick Still, Parks and Recreation Director
BY: Robert Eaton, Parks & Recreation Manager
CC: Mayor Ekberg
DATE: October 16, 2018
SUBJECT: Interagency Agreement with King County for Lake to Sound Trail
ISSUE
An Interagency Agreement between King County and the City of Tukwila to design, construct,
operate, and maintain Lake to Sound Trail, Segment A, within the City of Tukwila boundaries.
BACKGROUND
In a cooperative effort to construct the Lake to Sound Trail project, Segment A, King County
Department of Natural Resources and Parks and the City of Tukwila are entering into an
Interagency Agreement (IAA) regarding the design, construction, ownership, operation, and
maintenance of the planned Lake to Sound Trail. The trail will traverse Renton's Black River
Riparian Forest and connect to the Green River Trail in Tukwila at the north end of Fort Dent
Park providing new opportunities for recreation and non -motorized mobility and commuting. The
new segment of trail will add 1.1 miles to the overall Lake to Sound Trail which will eventually
connect the south end of Lake Washington to the Puget Sound; a 16 mile route (Attachment A).
King County and the City of Tukwila have worked collaboratively to create the IAA which
outlines the roles and responsibilities that each party agrees to. King County has negotiated and
secured easements needed for the trail and managed the design of the trail. Construction is
anticipated soon and will be done in accordance with County and City standards. Upon
completion of the project, the County will transfer ownership of the trail improvements to the
City. The County will also provide operations and maintenance of the trail when complete.
Funding for the project comes from a Federal Highway Administration grant, a Recreation and
Conservation Office grant, and the 2014-2019 King County Parks, Trails and Open Space
Replacement Levy.
DISCUSSION
The IAA has been reviewed by the King County Council and is in process of being adopted via
ordinance. The IAA must be signed by both the King County Council and the Tukwila City
Council. The IAA is being brought forward for Tukwila City Council's consideration.
FINANCIAL IMPACT
No impact to the City of Tukwila general fund.
RECOMMENDATION
The Council Committee is being asked forward the Interagency Agreement to the November 5,
2018 Regular Council Meeting Consent agenda.
ATTACHMENTS
-Lake to Sound Trail Maps
-DRAFT Interagency Agreement
1
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Trail Mileage by City
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King County
Department of
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King County Lake to Sound Trail Segment A
INTERAGENCY AGREEMENT
BETWEEN KING COUNTY AND THE CITY OF TUKWILA
TO DESIGN, CONSTRUCT, OPERATE AND MAINTAIN
LAKE TO SOUND TRAIL, SEGMENT A, WITHIN CITY BOUNDARIES
This Interagency Agreement ("Agreement") is made and entered into by and between
King County, a political subdivision of the State of Washington ("the County") and the
City of Tukwila, a municipal corporation of the State of Washington ("the City"),
regarding design, construction, ownership, operation and maintenance of the portion of
Segment A of the Lake to Sound Trail ("Segment A") that is within the City or on
property owned by the City. The County and the City are collectively referred to as "the
Parties".
RECITALS
A. The County and the Cities of Tukwila and Renton are working cooperatively to
construct what is known as Segment A of the Lake to Sound Trail, a segment of trail that
traverses Renton's Black River Riparian Forest ("BRRF") and connects to the Green
River Trail in Tukwila.
B. The Lake to Sound Trail will become part of King County's Regional Trail System
("RTS"), one of the nation's most extensive multi -use trail networks with more than 175
miles of trails for recreation and non -motorized mobility and commuting.
C. Segment A will be a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound and will provide
recreational and health benefits to residents of the cities and the County.
D. The portion of Segment A within the City of Tukwila ("the Project") will be located
substantially within the northern edge of Fort Dent Park. The trail also crosses one parcel
of property within the City of Renton owned by the City of Tukwila. In addition, there
are two railroad corridors operated by the Union Pacific Railroad ("UPRR") and
Burlington Northern Santa Fe Railway ("BNSF") located at the border of the Cities of
Renton and Tukwila. The trail connection for Segment A passes underneath these two
railroad corridors to connect the Cities of Renton and Tukwila.
E. A portion of Segment A is located in the City of Renton. This Agreement governs
only those portions of Segment A located in the City of Tukwila or parcels owned by the
City of Tukwila. King County is negotiating a trail easement with BNSF on behalf of the
City of Tukwila for that portion of trail that is located on land owned by BNSF in the
City of Tukwila.
Tukwila —King County
Interagency Agreement
5
F. The County is negotiating a trail easement with UPRR on behalf of the City of Renton
for that portion of trail that is located on land owned by UPRR in the City of Renton.
G. Under RCW 36.89.050, the County is authorized to construct a park or recreational
facility and transfer to a city the County's ownership interest in, and the operation and
maintenance obligations for, that facility, provided such transfer is subject to the
condition that the facility shall continue to be used for the same purposes or that other
equivalent facilities within the County shall be conveyed to the County in exchange
therefor.
H. The County has received $1,286,053 in Federal Highway Administration grant funds
and is also using County levy monies, pursuant to King County Ordinance 17941, for the
design and construction of Segment A.
I. After construction, the County wishes to convey ownership of the Project
Improvements, with the exception of those improvements located on the City of Renton
property, and the City is ready, willing and able to own these improvements for use by
the general public as a Regional Trail, for the benefit of both City and County residents.
J. After completion of the Project Improvements and conveyance to the City, the County
will continue to operate and maintain Segment A.
K. The County is committed to implementing the King County Equity and Social Justice
Strategic Plan 2016-2022 ("ESJ"). Providing funding for design and construction of the
Lake to Sound Trail, Segment A, and continuing to operate and maintain it after
completion, advances equity and is consistent with the goals, objectives and strategies of
ESJ.
L. The Parties intend by this Agreement to establish their respective rights, roles, and
responsibilities related to the Project.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
Parties mutually agree as follows:
AGREEMENT
1. DEFINITIONS
For purposes of this Agreement, the following definitions shall apply.
1.1 Contract means the public works contract entered into between the County
and its Contractor for construction of Segment A.
1.2 Contractor means the individual, partnership, firm, corporation, or other
entity with whom the County has entered into the Contract for construction of Segment
A.
Tukwila —King County
Interagency Agreement
6
1.3 Final Acceptance means the date on which the County issues to the
Contractor a written notice accepting the work under the Contract as complete.
1.4 One Hundred Percent (100%) Review Submittal means the One Hundred
Percent Review Submittal drawings and specifications for Segment A prepared on behalf
of the County by Parametrix, Inc., dated December 2016.
1.5 Notice to Proceed means the written notice from the County to the
Contractor authorizing and directing the Contractor to proceed with the construction of
Segment A.
1.6 Permit(s) means any or all federal, state, and local government permits,
licenses or other regulatory approvals needed for Segment A; and a construction permit
from BNSF to construct a portion of Segment A on property owned by the BNSF along
the Black River. The term "Permits" does not include a lease from BNSF.
1.7 Project means the portion of Segment A within the boundaries of the City,
including the portion of Segment A located on the City's Real Property, the BNSF
Easement Area and the restoration area adjacent to the trail on property owned by the
City. The Project also includes one parcel owned by the City of Tukwila that is located
within the City of Renton.
1.8 Project Improvements means all physical aspects of the Project including,
but not limited to the following and their components: curbing, catch basins, drains,
inlets, piping, conduits, trenches, asphalt, concrete, signage, striping, electrical
components, signals, control boxes, fencing, lighting, base materials, bollards, artwork,
markers, driveways, covers, frames, railing, retaining walls, bridges, abutments, rebar,
wire fabric, landscaping and vegetation planted on site for mitigation or restoration
purposes.
1.9 City's Real Property means the Real Property encompassed within parcel
numbers 2323049001, 7229500360 and 1323049080 owned by the City as legally
described in Exhibit A.
1.10 Regional Trail means a regionally significant, shared -use trail accessible
to the general public on which bicycling, walking, hiking, running, skating, and other
non -motorized uses are allowed, which provides recreational opportunities and enhances
regional mobility.
1.11 Segment A means the design, public involvement, environmental review,
permitting, construction, ownership, operation and maintenance of a Regional Trail
extending east from the Green River Trail Bridge #2405-2 in Fort Dent Park through the
BRRF to Naches Avenue SW in the City of Renton. It also includes the acquisition
(facilitated by King County) and maintenance by the City of Tukwila of a permanent trail
easement from BNSF for property owned by BNSF that is required for the trail
Tukwila —King County
Interagency Agreement
7
connection into Renton. The boundaries of Segment A are shown in the One Hundred
Percent (100%) Review Submittal.
1.12 Substantial Completion means the stage in the progress of the work under
the Contract where the County has full and unrestricted use and benefit of the facilities
for the purpose intended, both from the operational and safety standpoint, all the initial
plantings are completed, all the systems and parts of the Contract work are functional,
utilities are connected and operate normally, and only minor incidental work,
replacement of temporary substitute facilities, plant establishment periods, or correction
or repair remains to complete all Contract requirements.
2. DESIGN & PERMITTING
2.1 Design. The County has provided the City with the One Hundred Percent
(100%) Review Submittal Design Drawings, which the City has reviewed and hereby
accepts as noted with plan review comments, and which are incorporated herein by
reference. The County will be solely responsible for finalizing the design documents for
Segment A, obtaining the necessary input and approval from Washington State
Department of Transportation, and constructing the trail according to the approved
design, including changes in scope as described in Paragraph 5.7.
2.2 Plans and Specifications. The County shall provide the City with a copy
of the plans and specifications to be advertised for bid and an electronic file of the
Contract documents.
2.3 Permitting and Environmental Review. The City of Renton shall be the
lead agency for Segment A under the State Environmental Policy Act ("SEPA"). The
County shall apply, or require its Contractor to apply, for all Permits. To the extent the
City's signature on applications or other involvement, as the owner of the Real Property
on which the Project is being constructed, is required, the City agrees to cooperate with
the County and/or its Contractor and take all necessary actions to obtain the Permits. The
County shall be responsible for the monitoring, reporting, and any required corrective
actions for wetland mitigation associated with the Project for the length of time required
by any Permit. The County or the Contractor shall submit a Notice of Termination for
the Construction Stormwater General National Pollutant Discharge Elimination System
("NPDES") Permit to the Washington State Department of Ecology prior to Final
Acceptance.
2.4 City Permits. If required by the City, the County shall submit pedestrian
and vehicle Temporary Traffic Control Plans ("TTC Plans") to the City for review and
approval prior to invasive occupancy of City Real Property. City approval shall not be
unreasonably withheld. The County shall immediately correct any deficiencies noted by
the City in the TTC Plans or their field implementation. The City has made a
determination that the Project requires the following permits: Shoreline Substantial
Development, Shoreline Conditional Use, Shoreline Variance, and Construction Permits
and these Permits have been issued to the County, subject to execution of this Agreement.
Tukwila —King County
Interagency Agreement
8
2.5 Underpass Agreement. The County shall take all actions necessary to
obtain an agreement with BNSF granting the County and City temporary access for
construction and permanent access for operation and maintenance of the Project. BNSF
Structures Department has approved use of its property for the Project and the
construction and maintenance terms have not yet been finalized. The County agrees that
after completion of the Project, the County shall transfer all rights acquired from BNSF
to the City as part of the transfer of Project Improvements covered in Section 6.2 (e).
3. ACCESS & ENCROACHMENTS
3.1 The City hereby grants to the County and its employees, agents,
representatives, invitees, consultants, contractors and subcontractors performing work on
behalf of the County the following access rights to the City's Real Property.
(a) The non-exclusive right and license to enter onto City's Real
Property to analyze, assess, investigate, inspect, measure, survey, study and gather
information for purposes of design, permitting and construction of the Project, including
but not limited to completing borings and other subsurface investigations. This right and
license shall begin upon the effective date of this Agreement and continue until Final
Acceptance.
(b) The exclusive right and license to enter onto, and take actions on
the City's Real Property necessary for construction of the Project and completion of the
Contract. This right and license shall begin upon the County's issuance of the Notice to
Proceed and continue until Final Acceptance. This right and license shall not be
exclusive of the City's right to enter the City's Real Property for the purposes of
inspections or other actions necessary to implement this Agreement, or for any other
purpose, provided that the City's entry onto the property shall not impair, impede or
delay construction of the Project.
(c) The non-exclusive right and license to enter onto real property
encompassed within parcel numbers 2323049001, 7229500360 and 1323049080, owned
by the City, and take actions necessary to fulfill the County's maintenance and operations
obligations under Paragraph 6.1 and as further described in Exhibit C. This right of
entry shall begin upon Final Acceptance and continue in perpetuity unless amended by
agreement of the Parties.
(d) The access rights set out in Paragraphs 3.1(a-d) are irrevocable
during their respective terms and are not subject to modification by the City through
Permits or otherwise without the express written agreement of the County.
3.2 The County and the City are not aware of any encroachments,
improvements or other structures ("Encroachments") on the City's Real Property. If,
however, Encroachments are identified within the boundaries of construction of the
Project and the Encroachments will interfere with construction of the Project, the City
Tukwila —King County
Interagency Agreement
9
shall take all actions necessary to remove all Encroachments prior to the date the County
issues the Notice to Proceed. Any Encroachments that the City does not intend to be
disposed of (for example, Encroachments that will be salvaged or impounded) must be
removed by the City. The County shall notify the City 60 days prior to advertising the
Contract for bid. If the City wishes the County's Contractor during construction to
remove certain Encroachments that are to be disposed of, on behalf of the City, the City
shall provide the County with written notice specifically describing any such
Encroachments no later than 30 days prior to the date the County advertises the Contract
for bid.
3.3 The City hereby represents and warrants to the County that it holds fee
simple title to the City's Real Property; or that it possesses sufficient property interests to
provide the legal authority to remove Encroachments on the City's Real Property; and
that there are no easements, covenants, restrictions, encumbrances or defects on or to the
title of the City's Real Property that will in any way affect or impair the County's or the
City's ability to perform their respective obligations under this Agreement.
3.4 If the County's Contractor removes Encroachments in accordance with the
City's direction under Paragraph 3.2, the City shall protect, defend, indemnify and save
harmless the County, its officers, officials, employees, agents, Contractor and
subcontractors, while acting within the scope of their employment as such, from any and
all suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages
arising from removal of said Encroachments except when caused by the negligence of the
County, its officers, officials, employees, agents, Contractor and subcontractors.
4. EASEMENTS
4.1 Temporary Construction Easement. The City has granted a Temporary
Construction Easement ("TCE") to the County allowing construction of the Project on the
City's Real Property. The City waived its right to appraisal and donated this easement.
The TCE is attached as Exhibit C.
4.2 BNSF Permanent Trail Easement. The County shall continue to use its
reasonable best efforts to obtain a permanent trail easement from BNSF that allows the
County and its Contractor and other agents to design and construct Segment A as a
Regional Trail on BNSF Real Property in accordance with this Agreement, and that
allows the County to operate and maintain the Project in accordance with the obligations
and requirements of this Agreement, and that is in all other respects consistent with the
terms of this Agreement.
5. CONSTRUCTION
Tukwila —King County
Interagency Agreement
10
5.1 The County shall be responsible for construction of the Project, including
Contract procurement, and shall provide the necessary engineering, administrative,
inspection, clerical and other services necessary for the construction of the Project.
5.2 The County shall advertise the Contract in the official legal publication for
the County and if necessary other publications, consistent with applicable laws and
regulations.
5.3 The County shall open the bids and shall notify the City of the time and
date of the bid opening, which is typically three weeks after the bid is advertised. The
City may attend the opening of the bids.
5.4 The County shall award the Contract to the lowest, responsive, responsible
bidder for Segment A, subject to applicable laws and regulations.
5.5 The County shall require that the City be included as an additional insured
on all of the Contractor's insurance policies and that the City be included as a party
indemnified by the Contractor in the Contract's indemnification provisions and receives
the same indemnification protection as the County. Policy coverage limits shall match or
exceed those specified in the edition current at the time of bid of the WSDOT/American
Public Works Association ("APWA") Standard Specifications for Road, Bridge and
Municipal Construction.
5.6 The City may furnish an inspector, at the City's sole expense, to monitor
compliance with the Contract plans and specifications during the construction of the
Project. The City's inspector shall advise the County in writing of any deficiencies
noted. Deficiencies shall be limited to items that the inspector believes are out of
compliance with the Contract plans and specifications and the City's inspector shall cite
the plan sheet number or specification that she or he considers to be at issue in the
deficiency. The City's inspector shall also provide a written description of the remedy
the inspector believes is necessary for each deficiency cited. If the City inspector
determines that there is an unsafe traffic control condition at any intersection or if there is
an immediate threat to public safety posed by the Contractor's actions, the City inspector
has the authority to take immediate action, including directing the Contractor to take
certain actions, in order to address the safety concern. With regard to all other matters
identified by the City inspector, the City inspector shall not have authority to direct the
work of the Contractor and shall not instruct the Contractor directly on any matters.
5.7 The County will hold weekly construction meetings with its Contractor.
The City, at its option, may have its inspector or other representative attend the meetings.
The City may provide the County with its preferences concerning any significant
proposed changes in the scope of the work to be performed under the Contract at the
weekly meetings, but as between the Parties, any changes in scope are subject only to the
County's approval.
Tukwila —King County
Interagency Agreement
1 1
5.8 The County shall update the City on its progress in constructing the
Project in its weekly construction meetings.
5.9 After the Contractor notifies the County in writing that Segment A is
substantially complete, the Parties shall perform a mutual inspection of the Project. The
City may provide a written deficiency list to the County within five (5) working days
after this inspection. The list shall contain only construction deficiencies that the City
believes are out of compliance with the Contract plans and specifications. The City shall
cite the plan sheet number and/or specification that it considers to be at issue in the
deficiency and provide a written description of the remedy the City believes is necessary
for each deficiency cited.
5.10 The County shall, in its sole discretion, determine whether Substantial
Completion has occurred under the Contract. After the County provides the Contractor
with notice that Substantial Completion has occurred and the Contractor indicates to the
County that all physical work required by the Contract is complete, the Parties shall
perform a mutual final inspection of the Project. The City may provide a written
deficiency list to the County within five (5) working days after the final inspection. The
list shall contain only construction deficiencies that the City believes are out of
compliance with the Contract plans and specifications. The City shall cite the plan sheet
or specification that it considers to be at issue in the deficiency and provide a written
description of the remedy the City believes is necessary for each deficiency cited. Final
Acceptance of the Project shall be by the County, in its sole discretion.
5.11 The County represents to the City that it will require its Contractor in
performing work under the Contract to comply with all applicable rules, regulations,
statutes and ordinances.
5.12 The County will administer and enforce all warranties in the Contract up
until assignment of the warranties to the City pursuant to Paragraph 6.2(e).
6. PROJECT CLOSEOUT AND OWNERSHIP
6.1 Within sixty (60) days of the date of Final Acceptance, the Parties shall
perform the following obligations:
(a) The Parties shall execute and the City shall record the Restrictive
Covenant in substantially the form set forth in Exhibit D, which covenant shall run with
the land for the benefit of the County and its citizens and the County land that makes up
its public park, recreation and open space system. The County and the City agree that the
County shall have standing to enforce the Restrictive Covenant both as a matter of
contract and as a real property interest. The Parties further agree that Segment A is a
critical segment of the larger regional Lake to Sound Trail, that there are no equivalent
facilities within the County that would serve the same purpose, and that recording of the
Restrictive Covenant is essential to fulfilling the obligations of RCW 36.89.050.
Tukwila —King County
Interagency Agreement
12
(b) The Parties shall jointly undertake all actions necessary to transfer
to the City all Permits for the Project that have not expired or terminated, and for which
the City is not already the named permittee, except for the wetland mitigation obligations.
6.2 Within sixty (60) days of completion of the obligations in Paragraph 6.1,
or such additional time as may be required to close out the Contract, the County shall
perform the following obligations:
(a) Deliver to the City project record drawings for Segment A;
(b) Collect and provide to the City a copy of any applicable warranties
and other information and materials in the County's possession that relate to the use,
operation and maintenance of the Project Improvements;
(c) Provide to the City unconditional lien releases that the Contractor
has collected from all of its consultants, subcontractors and vendors;
(d) Collect and provide copies of certificates obtained from the
Department of Revenue, the Employment Security Department, and the Department of
Labor and Industries that all taxes, increases, and penalties due from the Contractor, and
all taxes due and to become due with respect to such Contract, have been paid in full or
that they are, in each department's opinion, readily collectible;
(e) Execute and record a quit claim bill of sale conveying to the City
all of the County's rights, title and interest to the Project Improvements located on or
within the City's Real Property, and BNSF's Property as is, where is ("Bill of Sale"),
which is in substantially the form set forth in Exhibit E. (f) Execute an
assignment of the Contract warranties and an assignment of the warranties in the
Agreement for Professional Services for Lake to Sound Trail Design, Contract No.
E00178E10, between King County and Parametrix in favor of the City, with respect to
the Project, with the exception of those Contract warranties that apply to the portions of
Segment A located on the County's Real Property, except as provided in Paragraph 10.2;
(g) Assign to the City the County's right to assert any claim it may
have against the Contractor or against Parametrix under Contract No. E00178E10 arising
out of or related to Project work, with the exception of those portions of Segment A
located on the County's Real Property, and except as provided in Paragraph 10.2; and
6.3 Unless otherwise mutually agreed to by the Parties in writing, the Project
shall not be accessible and open to the public until the obligations in Paragraphs 6.1 and
6.2 have been fulfilled.
6.4 The City, as required by RCW 36.89.050, agrees that Segment A shall
continue to be used in perpetuity for a Regional Trail and shall not be converted to a
different use.
Tukwila —King County
Interagency Agreement
13
6.5 The City agrees that allowing Segment A, including the City's Real
Property, to be used for a Regional Trail shall include any and all actions by the City
necessary to allow and control use of the trail in accordance with County provisions for
use of trails in King County Code Title 7, as now or hereafter amended.
6.6 The City agrees that Segment A, including the City's Real Property and
Right of Way Property, or any portion thereof, shall not be transferred or conveyed
except by agreement providing that such lands shall continue to be used for a Regional
Trail.
6.7 The City agrees that it will not limit or restrict access to and use of
Segment A, including the City's Real Property and Right of Way Property by non -City
residents in any way that does not also apply to City residents.
6.8 The City agrees that any and all user fees charged for use of Segment A,
including charges imposed by any lessees, concessionaires, service providers, and/or
other assignees shall be at the same rate for non -City residents as for the residents of the
City.
6.9 The City agrees that it shall place the covenants in Paragraphs 6.4 through
6.8 in any deed transferring any portion of Segment A, including the City's Real
Property.
7. Operations, Maintenance and Long Term Obligations
7.1 After Substantial Completion of the Project, the County shall maintain the
Project Improvements and operate that portion of Segment A within the boundaries of the
City. For purposes of this section, maintain and operate includes the maintenance and
operation activities identified and described in Exhibit B. The City is solely responsible
for all maintenance and operations activities not identified and described, or specifically
excluded in Exhibit B and all maintenance and operations activities that are not
associated with the trail improvements.
7.2 The County maintenance and operations activities shall be limited to the
area shown in Exhibit B and generally described as a thirty foot corridor, fifteen feet to
either side on the trail center line.
8. PROJECT FUNDING
8.1 The County shall provide funding for design, construction, operations and
maintenance of the Project.
8.2 The City shall provide funding for all of the City's obligations or activities
under or related to this Agreement from the time of execution of this Agreement forward,
including but not limited to construction inspection pursuant to Paragraph 5.6, other
Tukwila —King County
Interagency Agreement
14
administration or implementation expenses, and on all maintenance and operation
activities except those identified in Exhibit B.
9. CONDITIONS PRECEDENT TO PROJECT DEVELOPMENT
9.1 The County's obligations related to finalizing design, permitting and
construction of the Project under Sections 2 through 6 of this Agreement, and providing
funding for same, are expressly subject to and contingent upon all of the following
conditions precedent being satisfied to the County's satisfaction in its sole discretion (the
"Project Conditions"):
(a) An Interagency Agreement being approved by the legislative
authority of the City of Renton and executed by the City of Renton and the County for
the design, construction, operation and maintenance of the portion of Segment A that is
within the City of Renton.
(b) The County, on behalf of the City of Renton, obtaining an
executed permanent trail easement from UPRR on terms acceptable to the County.
(c) The County, on behalf of the City of Tukwila, obtaining an
executed permanent trail easement from BNSF on terms acceptable to the County.
(d) The County and/or its Contractor obtaining all Permits necessary
for Segment A.
9.2 If the County, in its sole discretion, determines that the Project Conditions
have not been satisfied, the County shall notify the City in writing, and neither Party shall
have any further rights or obligations under this Agreement and this Agreement shall
terminate.
10. LIABILITY
10.1 Each Party shall protect, defend, indemnify and save harmless the other
Party, its officers, officials, employees and agents while acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses, penalties,
judgments, and/or damages of whatsoever kind ("Claims") arising out of, or in
connection with, or incident to the breach of any warranty under this Agreement or the
exercise of any right or obligation under this Agreement by the indemnifying Party,
including any negligent acts or omissions, except to the extent such Claims arise out of or
result from the other Party's own negligent acts or omissions. Each Party agrees that it is
fully responsible for the acts and omissions of its own contractors and franchisees, their
employees and agents, acting within the scope of their employment as such, as it is for
the acts and omissions of its own employees and agents. Each Party agrees that its
obligations under this paragraph extend to any Claim brought by or on behalf of the other
Party or any of its employees, or agents. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of each Party's immunity under Washington's
Tukwila —King County
Interagency Agreement
15
Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the
extent necessary to provide the indemnified Party with a full and complete indemnity of
Claims made by the indemnitor's employees. The Parties acknowledge that these
provisions were specifically negotiated and agreed upon by them. Nothing in this
Paragraph 10.1 modifies or limits in any way the City's obligations in Paragraph 3.4.
10.2 The County's obligations in Paragraph 9.1 terminate upon the date the
County fulfills all its obligations in Paragraph 6.2 ("Closeout Date"), with the exception
of Claims filed with the clerk of the County Council under King County Code ("K.C.C.")
2.21.070 or served on the clerk of the County Council under K.C.C. 2.04.010 prior to the
Closeout Date or contract claims reserved under the terms of the applicable construction
or design contract by the Contractor or by the County's design contractor, Parametrix, at
the time of Final Acceptance of the applicable contract ("Reserved Claims"). If the
County determines that Reserved Claims will exist at the Closeout Date, the County may,
in its sole discretion, choose not to assign its contract warranties and/or its claims against
the County's contractors under Paragraphs 6.2(f) and 6.2(g).
10.3 As of the Closeout Date, except for Reserved Claims, the City shall
release, protect, defend, indemnify and save harmless the County, its officers, officials,
and employees while acting within the scope of their employment as such, from any and
all suits, costs, claims, actions, losses, penalties, judgments, and/or damages, of
whatsoever kind ("Claims") arising out of, or in connection with, or incident to either
Party's breach of any warranty under this Agreement or exercise of any right or
obligation under this Agreement, and any and all Claims relating to or arising out of, in
whole or in part and directly or indirectly, the Project. The City agrees that its
obligations under this provision extend to any Claims brought by or on behalf of the
County or any of its employees, or agents. The City expressly agrees that its duty to
release, protect, defend, indemnify and save harmless the County, its officers, officials,
and employees under this paragraph includes negligent acts or omissions which are
concurrent, contributory, or both by the County. To the extent this Agreement is
construed to be subject to RCW 4.24.115, the City's duties under this paragraph will
extend only to the maximum extent permitted by law or as defined by RCW 4.24.115, as
now enacted or hereafter amended. The foregoing indemnity is specifically and
expressly intended to constitute a waiver of the City's immunity under Washington's
Industrial Insurance act, RCW Title 51, as respects the County only, and only to the
extent necessary to provide the County with a full and complete indemnity of claims
made by the indemnitor's employees. The Parties acknowledge that these provisions
were specifically negotiated and agreed upon by them.
11. INSURANCE
11.1 Each Party shall maintain, for the duration of each Party's liability
exposures under this Agreement, self-insurance against claims for injuries to persons or
Tukwila —King County
Interagency Agreement
16
damage to property, which may arise from or in connection with performance of the work
hereunder by each Party, their agents, representatives, employees, contractors or
subcontractors.
11.2 King County, a charter county government under the constitution of the
State of Washington, maintains a fully funded Self -Insurance program as contemplated in
King County Code chapter 2.21 for the protection and handling of the County's liabilities
including injuries to persons and damage to property. The City acknowledges, agrees
and understands that the County is self -funded for all of its liability exposures and that
the County's self-insurance program meets the requirements of paragraph 11.1. The
County agrees, at its own expense, to maintain, through its self -funded program, coverage
for all of its liability exposures for this Agreement. The County agrees to provide the
City with at least 30 days prior written notice of any material change in the County's self -
funded program and will provide the City with a certificate of self-insurance as adequate
proof of coverage. The City further acknowledges, agrees and understands that the
County does not purchase Commercial General Liability insurance and is a self -insured
governmental entity; therefore the County does not have the ability to add the City as an
additional insured.
11.3 It is agreed that the City's participation in a governmental self -insured risk
pool with Washington Cities Insurance Authority ("WCIA") will meet the requirements
of Paragraph 11.1. The City agrees, at its own expense, to maintain, through WCIA,
coverage for all of its liability exposures for this Agreement. The City agrees to provide
the County with at least 30 days prior written notice of any material change in the City's
WCIA coverage and will provide the County with an evidence of coverage letter as
adequate proof of coverage. The County further acknowledges, agrees and understands
that the City does not purchase Commercial General Liability insurance and is with a
self -insured pool; therefore the City does not have the ability to add the County as an
additional insured. The City participates in the State's worker's compensation program.
12. EFFECTIVE DATE/DURATION
12.1 This Agreement shall be effective upon signature by both Parties.
12.2 Unless expressly stated otherwise in this Agreement, the terms, covenants,
representations and warranties contained herein shall continue in force unless both Parties
mutually consent in writing to termination of this Agreement.
13. AUDITS AND INSPECTIONS
13.1 Until six (6) years after the effective date of this Agreement, unless the
Agreement is terminated under Paragraph 9.2, any of either Party's records related to any
matters covered by this Agreement not otherwise privileged shall be subject to
inspection, review, and/or audit by either Party at the requesting Party's sole expense.
Such records shall be made available for inspection during regular business hours within
a reasonable time of the request.
Tukwila —King County
Interagency Agreement
17
14. NOTICE
14.1 Any notice provided for herein shall be sent to the respective Parties at:
King County:
Director's Office
King County Department of Natural
Resources and Parks
Rm 700, King Street Center
201 S. Jackson Street
Seattle, WA98104
With a copy to:
King County Prosecuting Attorney's
Office
Attn: Chief Civil Deputy
516 Third Avenue W400
Seattle, WA98104
City of Tukwila
Rick Still, Director
Tukwila Parks & Recreation
12424 42'd Ave S.
Tukwila, WA 98168
15. MISCELLANEOUS PROVISIONS
15.1 Waiver. Waiver of any breach of any term or condition of this Agreement
shall not be deemed a waiver of any prior or subsequent breach. No term or condition
shall be waived, modified or deleted except by an instrument, in writing, signed by the
Parties hereto.
15.2 Force Majeure. If either Party cannot perform any of its obligations due to
events beyond its reasonable control, the time provided for performing such obligations
shall be extended by a period of time equal to the duration of such events. Events beyond
a Party's reasonable control include, but are not limited to, acts of God, war, civil
commotion, labor disputes, strikes, fire, flood or other casualty, shortages of labor or
materials, government regulations or restrictions, lawsuits filed challenging one or more
Permits or other agreements necessary for implementation of the Project, and weather
conditions.
15.3 Joint Drafting Effort. This Agreement shall be considered for all purposes
as prepared by the joint efforts of the Parties and shall not be construed against one Party
or the other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution hereof
Tukwila —King County
Interagency Agreement
18
15.4 Third Party Beneficiaries. Nothing in this Agreement is intended to, nor
shall be construed to give any rights or benefits in the Agreement to anyone other than
the City and the County, and all duties and responsibilities undertaken pursuant to this
Agreement will be for the sole and exclusive benefit of the City and the County and not
for the benefit of any other Party.
15.5 Exhibits. All Exhibits referenced in this Agreement are incorporated by
reference as if fully set forth.
15.6 Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated herein are excluded.
15.7 Amendment. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
15.8 Relationship of the Parties. The Parties execute and implement this
Agreement as separate entities. No partnership, joint venture or joint undertaking shall
be construed from this Agreement.
15.9 Governing Law. This Agreement shall be governed and construed in
accordance with the laws of the State of Washington.
15.10 Survivability. The provisions of Paragraph 3.4 and Section 10 shall
survive termination of this Agreement.
15.11 Authority. Each Party executing this Agreement represents that the Party
has the authority to execute the Agreement and to comply with all terms of this
Agreement.
Exhibits
Exhibit A: Lake to Sound Trail City of Tukwila — West Parcel
Exhibit B: Lake to Sound Trail Segment A - Operations and Maintenance Agreement
Exhibit C: Temporary Construction Easement and Amendment to Temporary
Construction Easement
Exhibit D: Form of Restrictive Covenant — Lake to Sound Trail Segment A
Restrictive Covenant
Exhibit E: Form of Bill of Sale - Quit Claim Bill of Sale
Tukwila —King County
Interagency Agreement
19
IN WITNESS WHEREOF, the Parties have entered into this Agreement effective as of
the date last written below.
KING COUNTY CITY OF TUKWILA
for
Dow Constantine
King County Executive
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Deputy Prosecuting Attorney City Attorney
Date Date
Tukwila —King County
Interagency Agreement
20
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA WEST PARCEL
AN AREA OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14 AND NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY
OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST CORNER
SECTION 23); THENCE NORTH 88°48'43" WEST ALONG THE SOUTH LINE OF SAID SECTION 14
(NORTH LINE SAID SECTION 23) A DISTANCE OF 291.75 FEET TO A POINT ON THE WESTERLY
LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD AND THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED AREA OF LAND;
THENCE NORTH 88°48'43" WEST ALONG SAID SOUTH LINE AND SAID WESTERLY RIGHT OF WAY
LINE A DISTANCE OF 4.89 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY
LINE SOUTH 33°56`38" EAST A DISTANCE OF 36.72 FEET; THENCE LEAVING SAID WESTERLY
RIGHT OF WAY LINE SOUTH 46°53'33"'WEST A DISTANCE OF 139.49 FEET; THENCE SOUTH
56°58'02" WEST A DISTANCE OF 347.34 FEET; THENCE SOUTH 67°32'07" WEST A DISTANCE OF
319.68 FEET; THENCE NORTH 35°10'06" EAST A DISTANCE OF 308.58 FEET; THENCE NORTH
60°13'31" EAST A DISTANCE OF 284.13; THENCE NORTH 82°44'06" EAST A DISTANCE OF 123.32
FEET; THENCE NORTH 53°49'47" EAST A DISTANCE OF 120.52 FEET TO A POINT ON SAID
WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 33°56'38" EAST ALONG SAID WESTERLY
RIGHT OF WAY LINE A DISTANCE OF 51.70 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2.21 ACRES, MORE OR LESS
2/i/l8
17
21
UNE TABLE
UNE NO.
BEARtO
01ST.
L1
N881843"111
291.75
1.2
1‘8818.43T
4.89
S3318'381
36.72
L4
N53•49'4rE
120.52
L5
S33'56'381
51.70
,
//
_ .../ - ' -
_
le - _ 1482'44'06'E 12332'
Parametr
0
PROPOSED TRAIL
APN 2323049001
FORT DENT PARK
1 DO'
EXHIBIT A
LAKE TO SOUND TRAIL
TOTAL AREA 2.21 ACRES
CITY OF TUKWILA-WEST PARCEL
=
SECTION 14 8. 23 T. 23 N., R. 4 E., W.M.
1"=1 0 0'
13
24
18
22
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA - EAST PARCEL
AN AREA OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY,
WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH 39°52'52"
EAST A DISTANCE OF 199.59 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED AREE
A OF LAND;
THENCE ALONG A 523.68 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS
SOUTH 64°21'39" EAST THROUGH A CENTRAL ANGLE OF 16°48'19" FOR AN ARC LENGTH OF
153.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE MONSTER ROAD SW RIGHT OF
WAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON A 238.99 FOOT RADIUS CURVE
TO THE LEFT THE CENTER OF WHICH BEARS NORTH 53°42'43" EAST THROUGH A CENTRAL
ANGLE OF 36°24'20" FOR AN ARC LENGTH OF 151.85 FEET; THENCE SOUTH"74°10'49" WEST A
DISTANCE OF 47.77 FEET; THENCE SOUTH 83°38'32"WEST A DISTANCE OF 60.86 FEET; THENCE
ALONG A 668.29 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH
15°49'11" WEST THROUGH A CENTRAL ANGLE OF 8°49'23" FOR AN ARC LENGTH OF 102.91 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 11,088 SQUARE FEET (0.25 ACRES), MORE OR LESS
19
23
23
APN 1423049008
TRAIL T.P.O.
4)
,s4123.
• t=101-91
11.668?-1
Parametrix
0
z
• 'PO
4.94,
• 475`.
APN 7229500310
'32N608b 574'10491Y 47.77'
APN 2323049210
60'
1111111111111111111111•1
1 =60
TOTAL AREA = 11,08 8 SQUARE FEET
SECTION 13 T. 23 N., R. 4 E., W.M.
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA - EAST PARCEL
20
24
EXHIBIT B
LAKE TO SOUND TRAIL SEGMENT A
Operations and Maintenance Agreement
This Operations and Maintenance Agreement ("Agreement") is effective as of the day
of , 20 , and is made and executed by and between the City of Tukwila, a
municipal corporation of the State of Washington ("City") and King County, a political
subdivision of the State of Washington ("County").
RECITALS
A, On , the City and the County entered into an Interagency
Agreement ("IA") in which the County agreed to fund and construct a 1.1-mile
segment of what will ultimately be the sixteen -mile Lake to Sound Trail. Part of
the 1.1-mile segment is on property owned by the City and is referred to as
Segment A of the Lake to Sound Trail. Segment A extends from Naches Avenue
SW, within the Renton's Black River Riparian Forest to the Green River Trail in
Tukwila's Fort Dent Park. The portion of Segment A within the boundaries of the
City and subject to the IA is known as "the Project." This Agreement is a part of
that IA.
B. The City holds fee simple title to the following properties: Assessor's Tax
Parcel Nos.: 2323049001, 7229500360 and 1323049080 ("the Property") The
County will maintain the Project improvements and operate that portion of
Segment A within the boundaries of the City. The area to be operated and
maintained is depicted in Exhibit A to this Agreement and is generally defined as
the area fifteen (15) feet to the left and right of Segment A centerline or a 30 foot
wide corridor.
C. The City agrees to grant the County access to the Property for the purpose of
conducting Operations and Maintenance of Segment A.
D. This Agreement sets forth the duties and responsibilities of the Parties related to
Operations and Maintenance on the Property.
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
contained herein, the Parties mutually agree as follows:
Tukwila —King County IA
Operations and Maintenance Agreement Page 1 of 7
21
25
AGREEMENT
1. The COUNTY shall conduct the following Maintenance Activities on the
Property:
A. Trail Maintenance - trimming, edging, mowing, sweeping, blowing and
removal of debris. Removal of litter on or adjacent to trail as well as
periodic pavement cleaning. Removal of litter from receptacles along the
trail, brushing, invasive plant/weed removal, repairs to surface or
subgrade, asphalt repairs, maintenance and/or repair of retaining walls,
grading of gravel surfaces, periodic inspection.
B. Vandalism Repair and Graffiti Removal — repair trail infrastructure and
remove graffiti from bollards, litter receptacles, benches, fences, trail
surface, interpretive signs and other trail amenities within the Project limits.
C. Trail accessory maintenance — replacement and/or repair of bollards, gates,
litter receptacles, signage and other trail amenities as needed.
D. Drainage structure maintenance — maintain surface facilities constructed by
the Project. Clean, maintain, repair and replace catch basins, culverts and
other permanent drainage facilities installed as part of the trail project.
E. Erosion and slope stabilization — as needed, maintenance and repair to any
erosion control measures that are related to the Project including seeding,
erosion control blankets and other surface best management practices.
F. Landscaping — routine care of plant beds, plantings, ornamental trees and
shrubs, and prepared turf areas including screening planting and buffer
vegetation — maintenance of buffer vegetation conservation plantings
(BVC I) as well as plantings installed by the County as part of the project,
removal of problem trees or vegetation that are within ten feet of the
trail's edge in accordance with the City's landscape and tree codes.
G. Public Relations - contact with the public to provide information and
assistance.
H. The removal of unauthorized campsites including notification and removal of
unauthorized transient campsites, located within the Property is specifically
excluded from the operations and maintenance responsibilities of the
County.
2. Failure to Maintain. If the County refuses or neglects to repair, replace, or maintain
the Property, or any part thereof, the City shall provide the County reasonable written
Tukwila —King County IA
Operations and Maintenance Agreement Page 2 of 7
22
26
notice of the need for additional repair, replacement, or maintenance actions and shall
provide the County ten days to respond to this notice. If the County fails to respond to
the City's notice and fails to conduct the needed repair, replacement or maintenance
actions, the City may make such repairs or perform such maintenance on behalf of and
for the account of the County. If the City makes or causes any such repairs to be made or
performed, as provided for herein, the County shall pay the cost thereof (including, but
not limited to, the cost of labor, material and equipment) to the City promptly upon
receipt of an invoice therefor. However, if the Parties do not agree about what repair,
replacement, or maintenance actions are necessary and warranted, the Parties shall
attempt to resolve the dispute. If the Parties are unable to resolve the dispute, the Parties
shall engage in some mutually acceptable form of Alternative Dispute Resolution (ADR),
such as mediation or arbitration. The Parties agree that a good -faith attempt to resolve
any dispute through ADR shall be a condition precedent for either Party to initiate any
civil action or other litigation regarding this Agreement.
3. The CITY shall conduct the following maintenance activities on the Property:
A. Routine patrols to locate, notify, and remove illegal encampments.
4. Access
A. In accordance with Section 3.1(d) of the IA, the City hereby grants to the
County and its employees, agents, representatives, invitees, consultants,
contractor and subcontractors performing work on behalf of the County
the non-exclusive right and license to enter onto the Property for the
purpose of conducting the activities identified in Section 1. This right and
license shall begin upon the effective date of this Agreement and in
perpetuity.
B. In the performance of the operations and maintenance activities listed in
Section 1 above, the County is not required to provide notice or
request permission from the City for access unless these activities
require Trail Closure, as described in Section 6.
C. Each Party shall coordinate and share with the other Party any locking
devices on bollards, gates, and other features, such that each Party has
access to perform its responsibilities pursuant to this Agreement.
D. The rights which the City grants to the County under this Agreement are in
the nature of personal licenses for access and for the other purposes
described herein. Nothing in this Agreement is intended to convey any right,
title, or interest in the real property which is the subject of this Agreement,
and nothing in this Agreement shall be construed to convey any such
interest.
Tukwila —King County IA
Operations and Maintenance Agreement Page 3 of 7
23
27
E. Vehicular and heavy equipment shall be limited to a point of access at the
north end of Fort Dent Park where the trail departs from the Green River
Trail.
5. Contact Information
A. All correspondence related to this Agreement, shall be through the
designated contacts. All communication regarding this Agreement shall
reference the agreement name "Lake to Sound Trail Segment A - Operations
and Maintenance Agreement" and execution date.
The CITY and COUNTY formal point of contacts are as follows:
KING COUNTY: Don Harig
Parks Operations Manager
King County Parks
3005 NE 4th St.
Renton, WA 98056
(206) 477-6140
don.harig@kingcounty.gov
CITY OF TUKWILA: Kris Kelly
Maintenance & Operations Superintendent
Tukwila Parks & Recreation
13900 Interurban Ave. S
(206) 433-7157
Kris.Kelly@TukwilaWA.gov
B. From time to time, contact information may change. Any change or update to
contact information made a part of Section 5.A shall be provided to the other
Party by electronic mail notification. The Party in receipt of the change will
confirm receipt of the change by electronic mail back to the initiating Party.
6. Trail Closure or Significant Work
A. Should the Trail need to be closed temporarily for routine maintenance
lasting less than a sixty minute period, no notification to the other Party is
necessary. Should a longer closure of the Trail be necessary by either Party,
advance written notification of seven (7) calendar days shall be given to the
other Party and a detour for public use will be implemented, if practicable.
Closures requested by the County shall be subject to review and written or
electronic concurrence by the City. Closures requested by the City shall be
subject to County notification.
Tukwila —King County IA
Operations and Maintenance Agreement Page 4 of 7
24
28
B. The City reserves the right to close all or part of the Trail unilaterally should
the Trail pose a threat to the traveling public. The County has the unilateral
right to temporarily close all or part of the Trail to the public with subsequent
notification to the City if in the County's judgment trail conditions pose a
potential hazard to the public.
7. Amendments
A. Modification of this Agreement may only be made by amendment or
supplement as mutually agreed to in writing and signed by each Party.
B. If this Agreement is terminated pursuant to Section 8, each party will operate
and maintain the portions of the trail that are under their ownership as indicated
in the Recitals, Section B and as shown in Exhibit A attached to this agreement.
8. Performance after January 1, 2021
A. Through December 31, 2020, the County's obligations under this Agreement
shall not be affected by the outcome of any parks, trails or open space levies.
B. If the King County voters approve a parks replacement levy in 2019, then the
County's obligations shall continue after December 31, 2020.
C. If the King County voters do not approve a parks replacement levy in 2019, the
County shall in good faith attempt to identify alternative funding for its
obligations under Section 1 of this Agreement. If the County has identified such
alternative funding by July 31, 2020, the County's obligations shall continue
after December 31, 2020. If the County has not identified such alternative
funding by July 31, 2020, the County and City shall negotiate in good faith the
performance and funding of the obligations set forth in Sections 1 and 3 of this
Agreement for the period after December 31, 2020. If, prior to Parties reaching
a negotiated outcome, the County ceases performing or funding any of its
obligations under Section 1 of this Agreement, the City shall be released from
its obligations.
D. King County funding in support of this Agreement beyond the 2019-2020
biennium is conditioned upon appropriation by the County Council of sufficient
funds to undertake the activities described in this Agreement. The sufficiency of
any such appropriation shall be determined by the County in its sole discretion.
Should such an appropriation not be approved, this Agreement shall terminate
December 31, 2020.
Tukwila —King County IA
Operations and Maintenance Agreement Page 5 of 7
25
29
IN WITNESS WHEREOF, the City and the County have executed this Agreement
on the date set forth above.
CITY OF TUKWILA, a
Washington State municipal corporation
By Name Its
STATE OF WASHINGTON
COUNTY OF KING
)
) ss.
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
the CITY OF TUKWILA, a Washington State municipal corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name My
commission expires
(Use this space for notarial stamp/seal
Tukwila —King County IA
Operations and Maintenance Agreement Page 6 of 7
26
30
KING COUNTY, a
Political subdivision of the State of Washington
By Name Its
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name My
commission expires
(Use this space for notarial stamp/seal)
Tukwila —King County IA
Operations and Maintenance Agreement Page 7 of 7
27
31
Parametrix
a
100'
1".100
PPN 142304HYDR
SECTION 14
SECTION 23
PPN 3719200155
APN 232304HYDR
Af'N 2323049001
FORT DENT PARK
APN 2323049001
UNE
13
24
EXHIBIT A
LEGEND OPERATIONS AND
OPERATIONS & MAINTENANCE MAINTENANCE AGREEMENT
AGREEMENT AREA
SW 1/4 SEC. 13, SE 1/4 SEC. 14 AND NE 114 SEC. 23, T. 23 N., R. 4 E, W.M.
SHEET 1 OF 2
DATE:14.y 9. 20I t4 FILE SV•1511.0aa-014M11,11M1,0411_
28
32
ParairicirL
0
100'
1"=100"
APN 2323049603 \
14
•
12+00
LEGEND
OPERATIONS & MAINTENANCE
AGREEMENT AREA
SW 114 SEC. 13, SE 1/4 SEC. 14 AND NE 1/4 SEC. 23, T. 23 N., R. 4 E., W.M.
29
APN 7229500 10
PPt•I 2323049120
EXHIBIT A
OPERATIONS AND
MAINTENANCE AGREEMENT
SHEET 2 OF 2
DATE. Mey 9. NIB FILE.SV..9$21411-0M.TU MIMI I_
33
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT AND
AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT
30
34
AFTER RECORDING RETURN TO:
King County Parks
Attn; Jason Rich
201 S. Jackson St., Suite 700
Seattle, WA 98104
11111111111111111111111111
1 1
GARDNER,STEPHA EPS 78.00
PAGE-001 OF 006
12/05/2016 14:20
KING COUNTY, WA
DOCUMENT TITLE:
Temporary Construction Easement
GRANTOR:
City of Tukwila
GRANTEE:
King County
ABBREVIATED LEGAL
DESCRIPTION:
SW IA Sec. 13, Twn. 23, Rng. 4
SE %, Sec. 14, Twn. 23, Rng. 4
NE %, Sec. 23, Twn, 23, Rng. 4
ASSESSOR'S TAX PARCEL NO.
132304-9080
722950-0360
232304-9001
PROJECT:
Lake to Sound Trail Segment A
TEMPORARY CONSTRUCTION EASEMENT
1 A A
This TEMPORARY CONSTRUCTION EASEMENT is granted this oe day of
20I1,0 , by the City of Tukwila, a Washington municipal corporation,
hereinafter referred to as "Grantor," to King County, a political subdivision of the State of
Washington, hereinafter referred to as "Grantee."
WHEREAS, the Grantor is the owner of a certain parcel of land located at 14299 Monster Rd.
SW, Tukwila, in the County of King, State of Washington, ("Propert); and
WHEREAS, the Grantee is considering construction of what is known as Segment A of the
Lake to Sound Trail (uProject"), a 16 mile non -motorized, multi -use recreational trail spanning
from the south end of Lake Washington in Renton to the shoreline of Puget Sound in Des
Moines.
WHEREAS, the Grantee has provided the Grantor with the design drawings for the Project, and
the Grantor accepts and agrees to allow construction of the Project on the Property, in
accordance with the conditions set forth in this agreement.
WHEREAS, the Grantee has complied with all regulatory requirements that apply to the Project,
and has obtained all necessary permits and regulatory approvals allowing construction of the
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EXCISE TAX NUT iiEOUIRED
King Co. ROCXXcio Division
tn.41._72/ Deputy
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Project, including the following: City of Tukwila, Shoreline Substantial Development Permit
PL16-0014 and City of Tukwila, Shoreline Variance PI-16-0014. Grantee agrees that if the
Project is constructed, it shall be constructed in accordance with these permits and approvals.
WHEREAS, it has been found necessary, in the construction and improvement of the Lake to
Sound Trato acquire certain surface rights and privileges on, onr000.
and over a portion of said Property.
WHEREAS, the Grantor hereby represents and warrants to the Grantee that bhas sufficient
property interests in the Property to grant this Temporary Construction Easement to Grantor,
and the legal authority to remove encroachments, that there are no easement, covenants,
restrictions, encumbrances ordefects onortothe title oYthe Property that will inany way affect
or impair the Grantor or Grantee's ability to perform their respective obligations under this
Agreement.
NOW THEREFORE, the Grantor and Grantee agree as follows
1.Grant of Temporary Construction Easement: The Grantor, for and in consideration of
the benefit hzthe Tukwila Community ofthe Lake hoSound Trail, tothe same extent and
purposes aoif the rights granted had been acquired under the Eminent Domain Statute
of the State of VVoohing$on, hereby grants to Grantee a temporary construction
easement on, across, and over that portion ofGrantors Property, together with the right
to enter upon and have access to said Easement Area for the purpose of the Project
work, and to take such other actions upon the Easement Area as are necessary and/or
convenient for the construction of Grantee's Project. Grantor understands that the
donation of a portion of the property to King County for public use is made voluntarily
and with full knowledge of entitlement to receive just compensation in the form of
surface improvements. Additionally, Grantor understands that he/they have the right to
request an appraisal of the property, and hereby give up that right.
%. Purpose: Grantee may utilize the Eooemmrd for the following purposes only:
construction of Project. Grantee may elect to, but is not bound to construct the Project.
If CSnsnbee m|auto to construct the Project, it mho|| be done so in accordance with the
project plans and conditions set forth inthe following permits: City ofTukwila, Shoreline
GubotnnUo| Development Permit PL16'0014 and City of Tukwila, Shoreline Variance
pL1[-OO14.Access to Grantor's Property shall bemaintained during the Project mmrh.
3. Term: The rights, title, privileges and authorities hereby granted shall begin upon written
Notice of Construction to the Grantor and mhoU continue in force for twanb+four (24)
months from the date uf the Notice VfConstruction, orJanunrv3O`2U2U.whichever is
It is understood and agreed that the delivery of this Easement is tendered and that the
hern10 and obligations hereof shall not become binding upon Grantee unless and until
accepted and approved in writing by the Grantee.
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4. Access and Encroachments: The Grantor hereby grants hothe Grantee ondhs
employees, agents, representatives, invitees, consultants, oontroohoroand
subcontractors performing work onbehalf ofthe Grantee the following access rights to
the Grantors real properties:
(a) The non-exclusive right and license toenter onto real properties ofthe Grantor to
analyze, assess, investigate, inspect, measure, survey, study and gather information for
purposes of construction of the Project, including but not limited to completing borings and
other subsurface investigations. This right and license shall begin upon the effective date of
this Agreement and continue throughout the term of this Easement.
The exclusive right and license to enter onto, and take actions on, real properties
ofthe Grantor necessary for construction ofthe Project and completion of the Contract. This
right and license shall begin upon the Grantee's issuance cfthe Notice huProceed andcon8nuo
until completion nf the Project. This right and license shall not beexclusive ofthe Grantor's
right to enter the properties for the purposes of inspections or other actions necessary to
implement this Agreement, or for any other purpose, provided that the Grantor's entry onto the
property shall not impair, impede ordelay construction ofthe Project.
(c) The Grantor hereby represents and warrants
~- the Grantee that it has sufficient
property interests and the legal authority toremove Encroachments; endthatiharaensno
easements, covenants, restrictions, encumbrances or defecis on or to the title of the Property
that will |n any way affect 'orimpair the Grantee's orthe Grantor's ability foperform their
respective obligations under this Agreement.
�
(d) |fthe Grantee's Contractor removes Encroachments in accordance with the
Grantor's direction, the Grantor shall protect, defend, indemnify and save harmless the
Grantee, its officers, officials, employees, agents, Contractor and subcontractors, while acting
within the scope of their employment as such, from any and all suits, costs, claims, actions,
losses, penalties, judgments, and/or awards of damages arising from removal of said
Encroachments except when caused by the negligence of the Grantee, its officers, officials,
arnp|oyeae` ogondo' Contractor and subcontractors .
5` Indemnification: Each Party shall protect, defend, indemnify and save harmless the
other Party, its officers, officials, employees and agents while acting within the scope of
their employment as such, from any and all suits, costs, claims, actions, losses,
penalties, judgments, and/or damages mfwhatsoever kind ("C|einno^)arising out of, orin
connection with, orincident hnthe breach of any warranty under this Agreement orthe
exercise of any right or obligation under this Agreement by the indemnifying Party,
including negligent acts oromissions, except tothe extent such Claims arise out pf
or result from the other Porty'e own negligent acts or omissions. Each Party agrees that
it is fully responsible for the acts and omissions of its own contractors, employees and
agents, acting within the scope of their employment as such, as it is for the acts and
omissions ofits own employees and agents. Each Party agrees that its obligations
under this paragraph extend to any claim brought by or on behalf of the other Party or
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any of its employees, or agents. The foregoing indemnity is specifically and expressly
intended to constitute a waiver of each Party's immunity under Washington's Industrial
Insurance act, RCW Title 51, as respects the other Party only, and only to the extent
necessary to provide the indemnified Party with a full and complete indemnity of Claims
made by the indemnitor's employees. The Parties acknowledge that these provisions
were specifically negotiated and agreed upon by them. Nothing in this Paragraph
modifies or limits in any way the Grantor's obligations in Paragraph 4.
6. Insurance: Each Party shall maintain, for the duration of each Party's liability exposures
under this Agreement, self-insurance against claims for injuries to persons or damage to
property, which may arise from or in connection with performance of the work hereunder
by each Party, their agents, representatives, employees, contractors or subcontractors.
King County, a charter County government under the constitution of the State of
Washington, maintains a fully funded Self -Insurance program as defined in King County
Code chapter 4.12 for the protection and handling of the Grantee's liabilities including
injuries to persons and damage to property. The Grantor acknowledges, agrees and
understands that the Grantee is self -funded for all of its liability exposures and that the
Grantee's self-insurance program meets the requirements of this paragraph. The
Grantee agrees, at its own expense, to maintain, through its self -funded program,
coverage for all of its liability exposures for this Agreement. The Grantee agrees to
provide the Grantor with at least 30 days prior written notice of any material change in
the Grantee's self -funded program and will provide the Grantor with a certificate of self-
insurance as adequate proof of coverage. The Grantor further acknowledges, agrees
and understands that the Grantee does not purchase Commercial General Liability
insurance and is a self -insured governmental entity; therefore the Grantee does not
have the ability to add the Grantor as an additional insured.
It is agreed that the Grantor's participation in a governmental self -insured risk pool with
Washington Cities Insurance Authority (WCIA") will meet the requirements of this
paragraph. The Grantor agrees, at its own expense, to maintain, through WCIA,
coverage for all of its liability exposures for this Agreement. The Grantor agrees to
provide the Grantee with at least 30 days prior written notice of any material change in
the Grantor's WCIA coverage and will provide the Grantee with an evidence of coverage
letter as adequate proof of coverage. The Grantee further acknowledges, agrees and
understands that the Grantor does not purchase Commercial General Liability insurance
and is with a self -insured pool; therefore the Grantor does not have the ability to add the
Grantee as an additional insured. The Grantor participates in the State's worker's
compensation program.
7. General Conditions:
a. Joint Drafting Effort. This Agreement shall be considered for all purposes as
prepared by the joint efforts of the Parties and shall not be construed against one
Party or the other as a result of the preparation, substitution, submission or other
event of negotiation, drafting or execution hereof.
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b� Third Party Beneficiaries. Nothing hnthis Agreement is intended to, nor shall be
construed bugive any rightsorbenefitsklthaAQnaementtoonyomaothorthanthe
Grantor and the Grantee, and all duties and responsibilities undertaken pursuant b,
this Agreementwill befor the sole and exclusive benefit ofthe Grantor and the
Grantee and not for the benefit nfany other Party
C. Exhibits. All Exhibits referenced in this Agreement are incorporated by reference
aoiffully set forth.
d. EnUneAqnaemeoL This Agreement contains the entire agreement ofthe parties
and any representations or understandings, whether oral or written, not incorporated
herein are excluded.
e. Amendment. This Agreement may beamended only byoninstrument (nwriting,
duly executed byboth Parties.
t Relationship of the Parties. The Parties execute and implement this Agreement
as separate entities. No partnership,joint venture prjoint undertaking shall be
construed from this Agreement.
9.
Governinq Law. This Agreement shall be governed and construed in accordance
with the laws of the State of Washington.
h. Survivability The provisions nfSections 4and Gshall survive termination of this
Each Party executing this Agreement represents that the Party has the authority to execute the
Agreement and to comply with all terms of this Agreement.
|NWITNESS WHEREOF, this instrument has been executed the day and year first above
GRANTOR:
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APPROVED AS TO FORM:
By:
Printed Name:
Title: Attorney
GRANTEE:
King County
By: kL
Printed Name: .1 Victiv-
7 '1 1
Title: Af,cI5 ,
Date: 12/1 I ICa
APPROVED AS FORM:
(By: lif),Cit I
\Printe Name:
ttrLt)cq'&'lLevv1nhI
iitle:"County Attorney
Page 6 of 6
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AFTER RECORDING RETURN TO:
King County Parks
Attn; Jason Rich
201 S. Jackson St., Suite 700
Seattle, WA 98104
KC PARKS CAP P EAS
PAGE-001 OF 002
06/29/2017 10:51
KING COUNTY, UA
EXCISE TAX NOT REQUIRED
tJng Co. Records Division
ByriVAI L-7}10,424SP), -Deputy
74.00
DOCUMENT TITLE:
Amendment to Temporary Construction Easement
GRANTOR:
City of Tukwila
GRANTEE:
King County
ABBREVIATED LEGAL
DESCRIPTION:
SW 1/4, Sec. 13, Twn. 23, Rng. 4
SE Y4, Sec. 14, Twn. 23, Rng. 4
NE1/4, Sec. 23, Twn. 23, Rng. 4
ASSESSOR'S TAX PARCEL NO.
132304-9080
722950-0360
232304-9001
PROJECT:
Lake to Sound Trail Segment A
AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT
This Amendment to Temporary Construction Easement replaces Sections 1 and 3 of that
certain Temporary Construction Easement between the City of Tukwila, Grantor, and King
County, Grantee, executed by the City of Tukwila on December 2, 2016 and King County on
December 1, 2016, recorded as number 20161205001056.
The parties have agreed that Section 1 and 3 of the Temporary Construction Easement should
be modified as hereinafter provided, now, therefore,
THE CITY OF TUKWILA AND KING COUNTY agree as follows:
Sections 1 and 3 of the Temporary Construction Easement are hereby amended to read as
follows:
Section 1:
Grant of Temporary Construction Easement: The Grantor, for and in consideration of the
benefit to the Tukwila Community of the Lake to Sound Trail, to the same extent and purposes
as if the rights granted had been acquired under the Eminent Domain Statute of the State of
Washington, hereby grants to Grantee a temporary construction easement on, across, and over
that portion of Grantor's Property, together with the right to enter upon and have access to said
Easement Area for the purpose of the Project work, and to take such other actions upon the
Easement Area as are necessary and/or convenient for the construction of Grantee's Project.
Grantor understands that the conveyance of a portion of the property to King County for public
use is made voluntarily and with full knowledge of entitlement to receive just compensation in
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the form of surface improvements. Additionally, Grantor understands that he/they have the right
to request an appraisal of the property, and hereby give up that right.
The Grantor and Grantee are currently in the process of neaotiatina an Interagency Agreement
which will detail the rights and responsibilities of both parties for the construction, operation and
maintenance of the trail.
Section 3:
Term: The rights, title, privileges and authorities hereby granted shall begin upon written Notice
of Construction to the Grantor and shall continue in force for twenty-four (24) months from the
date of the Notice of Construction, or , until execution of the Interagency
Agreement referred to in Section 1 above, whichever is later.
It is understood and agreed that the delivery of this Easement is tendered and that the terms
and obligations hereof shall not become binding upon Grantee unless and until accepted and
approved in writing by the Grantee.
Effect of Amendment: Except as expressly modified by this instrument, all terms and conditions
• of the Temporary Construction Easement shall remain in full force and effect.
EXECUTED BY the City of Tukwila this day of
GRANTOR:
City of Tukwila
By:
Printed Name 0_ f
Title: ct tTi
Date: sj
By:
Printed ame: 10vLS
Title: I) (e (--€0 <
Date: Co') 2- 61 I -7
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, 2017.
APPROVED AS TO FORM:
Printed Name:
Title: City Attorney
APPROVED AS TO FORM:
By CL3/ t Ctt
Pri Name:
Title: County Attorney
LLJ
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Return Address:
King County
Department of Natural Resources & Parks
Parks and Recreation Division
201 S. Jackson St., Room 700
Seattle, WA 98104-3855
Exhibit D
Form of Restrictive Covenant
LAKE TO SOUND TRAIL SEGMENT A
RESTRICTIVE COVENANT
Grantor: City of Tukwila, a municipal corporation of the State of Washington
Grantee: King County, a political subdivision of the State of Washington
Full Legal Description: See Exhibit A to this Restrictive Covenant
Legal Description (abbr.): SW 1/4, Sec. 13, Twn. 23, Rng. 4; SE 1/4, Sec. 14, Twn. 23,
Rng. 4; NE 1/4, Sec. 23, Twn. 23, Rng. 4.
Assessor's Tax Parcel Nos.: 2323049001, 7229500360 and 1323049080
This restrictive covenant for trail purposes ("Covenant") dated for convenience as
the day of , 20 , and is made and executed by and between the City of
Tukwila, a municipal corporation of the State of Washington ("City") and King County, a
political subdivision of the State of Washington ("County"), effective on the last date
signed below.
RECITALS
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct on property owned by the
City a portion of what is known as Segment A of the Lake to Sound Trail, a segment of
trail within the Black River Riparian Forest extending from Naches Avenue SW in
Renton to the Green River Trail in Tukwila's Fort Dent Park. The portion of Segment A
within the boundaries of the City, subject to the Interagency Agreement, is known as the
"Project".
B. The City holds fee simple title to a portion of the Project, which portion is
legally described in Exhibit A attached hereto and incorporated herein by this reference
(the "Property").
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C. The Interagency Agreement provides that, after construction by the
County and recording of this Covenant, the County will transfer ownership of the Project
Improvements to the City. The County will provide long-term maintenance and
operation of the Project as a regional trail.
D. The County represents that its construction of Segment A is in part with
County levy funds pursuant to King County Ordinance 17941, which authorizes use of
said funds to develop real property and rights of way for regional trails.
E. RCW 36.89.050 authorizes the County to construct a park or recreational
facility and transfer to a city the County's ownership interest in that facility provided
such transfer is "subject to the condition that either the facility shall continue to be used
for the same purposes or that other equivalent facilities within the [C]ounty shall be
conveyed to the [C]ounty in exchange therefor."
F. Segment A is a critical segment of the larger regional Lake to Sound Trail,
extending from the southern end of Lake Washington to Puget Sound, and will provide
recreational and health benefits to residents of the City and the County.
G. The City agreed in the Interagency Agreement, and hereby further
acknowledges, that because the Property is a critical segment of the Lake to Sound Trail,
there are no equivalent facilities within the County that would serve the same purpose.
H. The City acknowledges that recording of this Covenant is a mechanism to
fulfill the obligations of RCW 36.89.050 and the Interagency Agreement.
AGREEMENT
FOR VALUABLE CONSIDERATION and other mutual benefits, the receipt and
sufficiency of which is hereby acknowledged, the City hereby binds itself, its successors
and assigns to the permanent restrictive covenants identified herein, which covenants
shall run with the land and burden the Property for the sole benefit of the County and the
County's interests in the other park, open space and trail facilities that make up the King
County system of parks, trails, and recreational facilities. The City and the County agree
that the County and its successors in interest shall have standing to enforce these
covenants. The City and the County further agree and declare that the covenants and
conditions contained herein shall bind and the benefits shall inure to, respectively, the
City and its successors and assigns and all subsequent owners of interests in the Property,
and to the County and its successors and assigns.
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COVENANTS
1. The City covenants that the Property shall be used in perpetuity for a
regional shared -use trail accessible to the general public on which bicycling, walking,
hiking, running, skating, and other non -motorized uses are allowed, which provides
recreational opportunities and enhances regional mobility (hereafter "Regional Trail") or
that other equivalent facilities shall be made in exchange therefore. The County
acknowledges that the provision to allow for equivalent facilities will allow for the
revision or realignment of road right of way and signal as may be needed or desired by
the City.
2. The City understands that the Property is part of the Lake to Sound Trail
and covenants that the City's Park Rules and Regulations apply to the Property except as
may be modified or supplemented by the following rules, which the County intends to
apply across the entirety of the Lake to Sound Trail:
(a) No person shall cause a motorized vehicle to enter or operate upon
the Property without express permission of the City or the County.
(b) No person shall travel on the Property at a speed greater than is
reasonable and prudent under the conditions or in an otherwise negligent manner.
(c) No person shall camp on the Property.
(d) All persons must keep dogs or other pets or domestic animals on a
leash, and under control at all times. Any person whose dog or other pet is on the
Property shall be responsible for the conduct of the animal and for removing feces
deposited by such animal from the Property.
(e) No person shall allow his or her dog or other pet or domestic
animal to bite or in any way molest or annoy visitors to the Property or to bark
continuously or otherwise disturb the peace and tranquility of the Property.
(f) No person shall use tobacco products on the Property.
(g) No person shall leave rubbish or other material on the Property,
except in a garbage can or other receptacle designated for those purposes.
(h) No person shall enter or be presenton the Property during hours
that the Regional Trail is closed except persons authorized by the City or the County.
(i) No person shall destroy or damage the Property. No person shall
disturb, injure or remove any vegetation or animal on the Property unless expressly
authorized to do so by the City or the County.
(j) No person shall, enter or remain or loiter about the Property while
in a state of intoxication.
3. The City covenants that it will not transfer or convey the Property, or any
portion thereof, except by agreement providing that such lands shall continue to be used
for a Regional Trail.
4. The City covenants that it will not limit or restrict access to and use of the
Property by non -City residents in any way that does not also apply to City residents.
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5. The City covenants that any and all user fees charged for use of the
Property for Regional Trail purposes, including charges imposed by any lessees,
concessionaires, service providers, and/or other assignees shall be at the same rate for
non -City residents as for the City residents.
6. The City acknowledges that the County will record this Covenant in the
records of King County with the intent that it appear as notice on the title of the Property.
7. Remedies. The County, its successors, designees, or assigns shall have the
following remedies against the City, its successors, designees, or assigns for violation of
this Covenant:
(a) Default. If the City fails to observe or perform any of the terms,
conditions, obligations, restrictions, covenants, representations or warranties of this
Covenant, and if such noncompliance is not corrected as after the County has provided
written notice and provided the City with a reasonable opportunity to comply, then such
noncompliance shall be considered an event of default.
(b) County's Remedies. In the case of the City's default, the County
shall be entitled to all remedies in law or in equity against the City, including without
limitation any rights: (1) to compel specific performance by the City of its obligations
under this Covenant, and (2) to restrain by injunction the actual or threatened commission
or attempt of a breach of this Covenant and to obtain a judgment or order specifically
prohibiting a violation or breach of this Covenant
(c) Notice. Before County pursues a remedy against the City for
breach of this Covenant, County shall provide written notice specifying the default to the
City. The City shall thereafter have a thirty (30) day period to cure such default (or if
such default is not capable of cure within thirty (30) days, such additional period as is
reasonably necessary for the City to complete such cure, provided that City commences
cure within such thirty (30) day period and thereafter diligently pursues it to completion).
(d) Immediate Action. If County, in its sole and absolute discretion,
determines that circumstances require immediate action to prevent or mitigate significant
harm that would be counter to the terms and purposes of this Covenant, County may
pursue its remedies under this Section 8 without prior notice to Grantor and without
waiting for the cure period to expire.
(e) Delay. Delay in enforcing the provisions hereof as to any breach
or violation shall not impair, damage or waive the right of the County to enforce the same
or obtain relief against or recover for the continuation or repetition of such breach or
violation or any other breach or violation thereof at any later time or times.
8. Indemnification. In addition to and separate from the remedy provisions
in Section 7 of this Covenant, the City, for itself, its successors, designees, and assigns,
agrees:
A. to protect, defend, indemnify and hold harmless the County, its
officers, officials, employees and agents, from any and all claims, demands, suits,
penalties, losses, damages, judgments or costs of any kind whatsoever, arising out of or in
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any way resulting from a failure of the City, its successors, designees and assigns to
wholly or partially comply with this Covenant; and
B. to release, protect, defend, indemnify and save harmless the
County, its officers, officials, and employees while acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses, penalties,
judgments, and/or damages, of whatsoever kind ("Claims") relating to or arising from
uses of the Property that occur on or after the effective date of this Covenant.
C. The City, by mutual negotiation, hereby waives, with respect to the
County only, any immunity that would otherwise be available against claims under the
Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to carry
out the indemnification duties herein.
9. Notice. Notice shall be sent to:
King County:
Director's Office
King County Department of Natural
Resources and Parks
Rrn 700, King Street Center
201 S. Jackson Street
Seattle, WA 98104
With a copy to:
King County Prosecuting Attorney's
Office
Attn: Chief Civil Deputy
516 Third Avenue W400
Seattle, WA 98104
City of Tukwila:
Rick Still, Director
Tukwila Parks & Recreation
12424 42nd Avenue S.
Tukwila, WA 98168
Any notices required to be given by the Parties shall be delivered at the addresses set
forth above. Any notices may be delivered (i) by personal service on the addressee of the
notice, (ii) by deposit with a nationally recognized overnight delivery service, or (iii) by
deposit as registered or certified mail in the United States mail, postage prepaid. Any
notice so posted in the United States mail shall be deemed received three (3) days after
the date of mailing. Any person delivering notice via an overnight delivery service shall
be responsible to confirm delivery.
10. Severability. If any provision of this Covenant shall be invalid, illegal, or
unenforceable, the validity, legality, or enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
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11. Amendments. This Covenant shall be amended only by a written
instrument executed by the Parties hereto or their respective successors in title, and duly
recorded in the real property records of King County, Washington.
12. Governing Law. This Covenant shall be governed by the laws of the state
of Washington. Venue for any action concerning this Covenant shall be in King County,
Washington.
IN WITNESS WHEREOF, the City and the County have executed this Covenant
on the date set forth above.
CITY OF TUKWILA, a
Washington State municipal corporation
By
Name
Its
KING COLTNTY, a
political subdivision of the State of Washington
By
Name
Its
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STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
the CITY OF TUKWILA, a Washington State municipal corporation, to be the free and voluntary act
of such party for the uses and purposes mentioned in the instrument.
Dated:
Notary Public
Print Name
My commission expires
(Use this space for notarial stamp/seal)
STATE OF WASHINGTON
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute
the instrument and acknowledged it as the of
KING COUNTY, a political subdivision of the State of Washington, to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Dated:
(Use this space for notarial stamp/seal)
Notary Public
Print Name
My commission expires
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EXHIBIT "A"
LEGAL DESCRIPTION FOR LAKE TO SOUND TRAIL
CITY OF TUKWILA INTERLOCAL AGREEMENT
AN AREA OF LAND FOR AN INTERLOCAL AGREEMENT LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 14 AND NORTHEAST QUARTER OF SECTION 23 TOWNSHIP 23
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY,
WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN SANTE FE RAILROAD
RIGHT OF WAY AND BEING 9 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED
CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST
CORNER SECTION 23); THENCE NORTH 88°48'43" WEST ALONG THE SOUTH LINE SAID
SECTION 14 (NORTH LINE SAID SECTION 23) A DISTANCE OF 737.40 FEET THENCE
SOUTH 00°11'17" WEST A DISTANCE OF 267.84 FEET TO THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED CENTERLINE;
THENCE SOUTH 34°14'11" EAST A DISTANCE OF 0.37 FEET; THENCE ALONG A 60.00
FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 88°45`52" FOR AN
ARC LENGTH OF 92.95 FEET THENCE NORTH 56°59'57" EAST A DISTANCE OF 212.64
FEET; THENCE ALONG A 150.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 23°38'30" FOR AN ARC LENGTH OF 61.89 FEET; THENCE ALONG A
150.00 FOOT RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE
OF 26°10'07" FOR AN ARC LENGTH OF 68.51 FEET; THENCE ALONG A 150.00 FOOT
RADIUS REVERSE CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 21°20'41"
FOR AN ARC LENGTH OF 55.88 FEET; THENCE ALONG A 150.00 FOOT RADIUS
REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 18°58'56" FOR AN
ARC LENGTH OF 49.70 FEET TO A POINT THAT INTERSECTS SAID SOUTH LINE
SECTION 14 (NORTH LINE SECTION 23) AT A POINT BEARING NORTH 88°48'43" WEST A
DISTANCE OF 310.82 FEET FROM SAID SOUTHEAST CORNER OF SECTION 14
(NORTHEAST CORNER SECTION 23); THENCE CONTINUING ALONG SAID 150.00 FOOT
RADIUS REVERSE CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 1°50'30"
FOR AN ARC LENGTH OF 4.82 FEET; THENCE NORTH 59°00'19" EAST A DISTANCE OF
10.79 FEET TO A POINT ON THE WEST LINE OF SAID BURLINGTON NORTHERN SANTE
FE RAILROAD RIGHT OF WAY AND THE END OF THE HEREIN DESCRIBED CENTERLINE.
THE SIDELINES OF SAID INTERLOCAL AGREEMENT CORRIDOR BEING EXTENDED OR
SHORTENED TO INTERSECT SAID WEST LINE OF THE BURLINGTON NORTHERN SANTE
FE RAILROAD RIGHT OF WAY.
CONTAINING 10,035 SQUARE FEET, MORE OR LESS
46
50
Paramctrix
/
, / APN 1423041170R
/ APN 3779200155
i SECTION 14
,.../ SECTION 23 Kr N48w '43-737.40'
... _
SECTION CORNER TIE
APS 2323....„„04114DR_
`41 R=150.00'
ffi
APN 2323049001
1-=100'
10,035 SQ. FT.
SE 1/4 SECTION 14 AND NE 114 SECTION 23, T. 23 N., R. 4 E., W.M.
LP.
4"4"'. •543.,;'0,
6=233830'
L=51.59'
R= I 50.00'
FORT DENT PARK
APN 2323049001
DETAIL
SCALE: 1" .20',
-
MN 7229500350
N59'00.19..
10.79'
1
SEE DETAIL
APS 2323049005
•
.5=16 58.56'
L=49.70'
R=150.00'
APN 2323049003
14 13
\i\s't3 24
0=150.30.
L=4.82'
05848'4.3-W A .
310.82' TO V 23
13
24
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA
INTERLOCAL AGREEMENT
CArt 29.2014 CruXSV.Mit444.1.PrIlKAVI
47
51
Return Address:
King County
Department of Natural Resources & Parks
Parks and Recreation Division
201 South Jackson Street, Room 700
Seattle, WA 98104-3855
EXHIBIT E
Form of Bill of Sale
QUITCLAIM BILL OF SALE
Grantor: King County, a political subdivision of the State of Washington
Grantee: The City of Tukwila, a municipal corporation of the State of Washington
Legal Description (abbr.): SW 1/4, Sec. 13, Twn. 23, Rng. 4; SE 1/4, Sec. 14, Twn. 23, Rng.
4; NE 1/4, Sec. 23, Twn. 23, Rng. 4.
Assessor's Tax Parcel No.: 2323049001, 7229500360 and 1323049080.
This Quit Claim Bill of Sale is made this day of , 20_ between King
County, a political subdivision of the State of Washington ("Grantor"), and the City of
Tukwila, a municipal corporation of the State of Washington ("Grantee"), and
collectively referred to as the "Parties."
WITNESSETH:
A. On , the City and the County entered into an Interagency
Agreement in which the County agreed to fund and construct a portion of what is known
as Segment A of the Lake to Sound Trail, a segment of trail traversing the Black River
Riparian Forest crossing Monster Road SW and passing under the railroad tracks into
Tukwila at Fort Dent Park. The portion of Segment A within the boundaries of the City,
subject to the Interagency Agreement, is known as the "Project".
B. The Interagency Agreement provides that, after construction of the Project
by the County and recording of a Restrictive Covenant by the City requiring the property
on which the trail was built to be used in perpetuity for a Regional Trail, the County will
transfer to the City ownership of the Project improvements located on or within real
property legally described in Exhibit A attached hereto and incorporated herein.
C. All of the conditions and circumstances set forth in the Interagency
Agreement for transfer of ownership of the Project improvements have been met.
48
52
NOW THEREFORE, in consideration of the mutual covenants between the
Parties recited herein, the receipt and adequacy of which is hereby acknowledged,
Grantor hereby absolutely and unconditionally quitclaims, grants, sells, transfers,
releases, confirms and delivers to Grantee, all of Grantor's right, title and interest in and
to any and all Project improvements, fixtures, equipment, furnishings, and other tangible
property owned by Grantor and located on the property described in Exhibit A,
including, but not limited to the following and their components: curbing, catch basins,
drains, inlets, piping, conduits, trenches, asphalt, concrete, signage, striping, electrical
components, fencing, lighting, base materials, piles, boardwalks, bollards, markers,
driveways, covers, frames, railings, retaining walls, rebar, wire fabric, and landscaping
("Improvements");
The Grantor and Grantee agree that the transfer and sale of the Improvements is
"as is where is" and that the Grantor makes no warranty nor representation express or
implied regarding the fitness, quality, design and condition, capacity, suitability or
performance of the Improvements.
The Grantee agrees to release, protect, defend, indemnify and save harmless the
Grantor, its officers, officials, and employees while acting within the scope of their
employment as such, from any and all suits, costs, claims, actions, losses, penalties,
judgments, and/or damages, of whatsoever kind ("Claims") relating to, arising out of, or
in connection with or incident to the use by any person of the Improvements that occur on
or after the effective date of this Quit Claim Bill of Sale.
Dated this day of , 20 .
GRANTOR: KING COUNTY GRANTEE: CITY OF TUKWJLA
BY: BY:
Its Its
49
53
STATE OF WASHINGTON )
)SS.
COUNTY OF KING
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that _he signed this
instrument, on oath stated that he is authorized to execute the instrument and
acknowledged it as the to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
Notary Public in and for the
State of Washington
Residing at
My appointment expires.
STATE OF WASHINGTON )
)SS.
COUNTY OF KING
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that _he signed this
instrument, on oath stated that _he is authorized to execute the instrument and
acknowledged it as the to be the free and voluntary act of such party for
the uses and purposes mentioned in the instrument.
Dated:
Notary Public in and for the
State of Washington
Residing at
My appointmentexpires
50
54
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA - WEST PARCEL
AN AREA OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 14 AND NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY
OF TUKWILA, KING COUNTY, WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 14 (NORTHEAST CORNER
SECTION 23); THENCE NORTH 88°48'43" WEST ALONG THE SOUTH LINE OF SAID SECTION 14
(NORTH LINE SAID SECTION 23) A DISTANCE OF 291.75 FEET TO A POINT ON THE WESTERLY
LINE OF THE BURLINGTON NORTHERN SANTE FE RAILROAD AND THE TRUE POINT OF
BEGINNING OF THE HEREIN DESCRIBED AREA OF LAND;
THENCE NORTH 88°48'43" WEST ALONG SAID SOUTH LINE AND SAID WESTERLY RIGHT OF WAY
LINE A DISTANCE OF 4.89 FEET; THENCE CONTINUING ALONG SAID WESTERLY RIGHT OF WAY
LINE SOUTH 33°56'-38" EAST A DISTANCE OF 36.72 FEET; THENCE LEAVING SAID WESTERLY
RIGHT OF WAY LINE SOUTH 46°53'33" WEST A DISTANCE OF 139.49 FEET; THENCE SOUTH
56°58'02" WEST A DISTANCE OF 347.34 FEET; THENCE SOUTH 67°32'07" WEST A DISTANCE OF
319.68 FEET; THENCE NORTH 35°10'06" EAST A DISTANCE OF 308.58 FEET; THENCE NORTH
60°13'31" EAST A DISTANCE OF 284.13; THENCE NORTH 82°44'06" EAST A DISTANCE OF 123.32
FEET; THENCE NORTH 53°49`47" EAST A DISTANCE OF 120.52 FEET TO A POINT ON SAID
WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 33°56'38" EAST ALONG SAID WESTERLY
RIGHT OF WAY LINE A DISTANCE OF 51.70 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 2.21 ACRES, MORE OR LESS
2///fg
51
55
LINE TABLE
LINE NO.
8EDR8G
LST.
L1
N88'48'43V
201.75
12
N68-48431
4.89
13
S33'56181
36.72
L4
H53'49'471
120.52
L5
S33'56'381
51.70
_ _ - -
s.,&co NBT44'061 123.32'
PAN 2323049001 .--
Parametrlx
0
PROPOSED TRAIL
APN 2323049001
FORT DENT PARK
100'
EXHIBIT A
LAKE TO SOUND TRAIL
TOTAL AREA 2.21 ACRES
CITY OF TUKWILA-WEST PARCEL
=
SECTION 14 & 23 T. 23 N., R. 4 E., W.M.
1".100'
24
52
56
EXHIBIT A
LAKE TO SOUND TRAIL
CITY OF TUKWILA - EAST PARCEL
AN AREA OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 13 TOWNSHIP 23
NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, CITY OF TUKWILA, KING COUNTY,
WASHINGTON AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 13; THENCE NORTH 39°52'52"
EAST A DISTANCE OF 199.59 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN
DESCRIBED AREE
A OF LAND;
THENCE ALONG A 523.68 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS
SOUTH 64°21'39" EAST THROUGH A CENTRAL ANGLE OF 16°48'19" FOR AN ARC LENGTH OF
153.60 FEET TO A POINT ON THE SOUTHERLY LINE OF THE MONSTER ROAD SW RIGHT OF
WAY; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE ON A 238.99 FOOT RADIUS CURVE
TO THE LEFT THE CENTER OF WHICH BEARS NORTH 53°42'43" EAST THROUGH A CENTRAL
ANGLE OF 36°24'20" FOR AN ARC LENGTH OF 151.85 FEET; THENCE SOUTH 74°10'49" WEST A
DISTANCE OF 47.77 FEET; THENCE SOUTH 83°38'32' WEST A DISTANCE OF 60.86 FEET; THENCE
ALONG A 668.29 FOOT RADIUS CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH
15°49'11" WEST THROUGH A CENTRAL ANGLE OF 8°49'23 FOR AN ARC LENGTH OF 102.91 FEET
TO THE TRUE POINT OF BEGINNING.
CONTAINING 11,088 SQUARE FEET (0.25 ACRES), MORE OR LESS
53
57
/ PROPOSED TRAIL T.P.O.
�..
w
z
m
�
~
Parametrix
n
�
m* 7229500311)
60,
TOTAL AREA 11,088 SQUARE FEET
~
�
EXHIBIT A
LAKE TmSOUND TRAIL
CITY OF TUKWILA - EAST PARCEL
54
58
City of Tukwila
Allan Ekberg, Mayor
FOR ATIO AL E ORANDU
TO: Community Development and Neighborhoods
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
CC: Mayor Ekberg
DATE: October 12, 2018
SUBJECT: Hearing Examiner Interlocal Agreement
ISSUE
The current interlocal agreement with the City of Seattle for Hearing Examiner services runs
through December 31, 2018. In order to continue this relationship a new agreement is needed.
BACKGROUND
Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The
hearing examiner is the decision maker for Type 3 land use decisions including variances,
special permission zoning modifications, subdivision preliminary plats and some wireless facility
permits. Other actions include hearing appeals from Type 2 land use decisions, code
enforcement actions, and impact fee determinations,
DISCUSSION
The City of Seattle Office of Hearing Examiner has performed these services for Tukwila in an
efficient and cost effective manner for 13 years. They have proposed a modest increase to the
hourly rate from $115 to $125 for the 2019-2020 period. There is no increase to the fees for
support services or travel time.
FINANCIAL IMPACT
Hearing examiner costs are either covered by permit application fees or treated as a pass
through to the applicant.
RECOMMENDATION
The Council is being asked to approve the agreement and consider this item at the November
5th Regular Meeting consent agenda.
ATTACHMENT
Draft Interlocal Agreement
59
60
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Agreement Number:
AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF SEATTLE AND THE CITY OF TUKWILA
FOR HEARING EXAMINER SERVICES
THIS IS AN INTERLOCAL AGREEMENT between the City of Seattle, a Washington
municipal corporation acting through its Office of Hearing Examiner, hereinafter referred
to as "Seattle," and the City of Tukwila, a municipal corporation of the State of
Washington, hereinafter referred to as "Tukwila" for Tukwila's utilization of Seattle's
hearing examiner services.
WHEREAS, Tukwila is in need of the services of a hearing examiner; and
WHEREAS, Seattle has the experience, personnel and willingness to provide hearing
examiner services, and
WHEREAS, Tukwila has contracted with Seattle for hearing examiner services since
2005,
NOW THEREFORE, in consideration of the terms and conditions contained herein, it is
mutually agreed by and between Seattle and Tukwila as follows:
1. AUTHORITY
This Agreement is made and entered into pursuant to Chapter 39.34 RCW, the
Interlocal Cooperation Act.
2. PURPOSE
The purpose of this Agreement is for Seattle to provide hearing examiner
services to Tukwila.
3 SCOPE OF SERVICES
Seattle shall provide hearing examiner services and accompanying support
services for Tukwila on an as needed basis.
4. COMPENSATION
4.1 Tukwila shall pay Seattle $125.00 per hour for Seattle's hearing examiner
services through December 31, 2020. Tukwila shall pay Seattle $30.00
per hour for any support services requested by Tukwila. Seattle shall be
reimbursed for any direct expenses advanced on Tukwila's behalf
including mailing and copying charges. If Seattle is required to provide any
copying services in the performance of this Agreement, Tukwila shall pay
Seattle $0.15 per page for the copies.
61
4.2 Drug asset forfeiture hearings shall have a one -hour minimum hearing
examiner service charge unless Tukwila notifies Seattle of the hearing
cancellation at least 24 hours prior to the scheduled hearing time.
4.3 Seattle shall not bill for travel time between Seattle and Tukwila. Tukwila
will pay a $25.00 flat fee for round trip travel to Tukwila together with
mileage at the current government reimbursement rate. Each individual
providing hearing examiner services under this Agreement shall
separately present to Tukwila a monthly statement detailing the mileage
and number of trips to Tukwila for which the individual is eligible for
reimbursement.
4.4 Seattle shall bill Tukwila on a monthly basis for work performed. Within 30
days of receiving Seattle's invoice, Tukwila shall issue a check to Seattle
for services rendered.
5. SCHEDULING SERVICES
Seattle's hearing examiner services shall be scheduled on a case by case basis.
Tukwila shall contact Seattle to schedule appropriate dates and times.
6. HEARING LOCATION
Hearings shall be held at Tukwila City Hall. Seattle shall provide the necessary
recording equipment in order to create a record of the hearings. The hearings
may be held in the day or evening as required by Tukwila.
7. HEARING PROCEDURES
Hearings shall follow the Hearing Examiner Rules of Practice and Procedure
currently adopted by the Seattle Office of Hearing Examiner, and such rules and
procedures shall supersede those adopted via Tukwila City Council Resolution
No. 1578.
8. HEARING DECISION
Hearings shall be conducted in compliance with the Tukwila Municipal Code.
Upon conclusion of the hearing, Seattle shall issue a written decision. This
decision shall make findings of fact and conclusions of law based on the Tukwila
Municipal Code. The written decision shall be issued within fifteen (15) business
days of the hearing unless unusual circumstances exist.
9. INDEMNIFICATION
Each of the Parties shall defend, indemnify and hold the other Party, their
officers, officials, employees and agents harmless from any and all costs, claims,
judgment, and/or awards of damages, arising out of, or in any way resulting from
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that other party's negligent acts or omissions in performing under this
Agreement. No Party will be required to defend, indemnify or hold the other
Party harmless if the claim, suit or action for injuries, death or damages is caused
by the sole negligence of that Party. Where such claims, suits or actions result
from the concurrent negligence of the Parties, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of each party's own
negligence. Each Party agrees that its obligations under this subparagraph
include, but are not limited to, any claim, demand, and/or cause of action brought
by, or on behalf of, any of its employees or agents. For this reason, each of the
Parties, by mutual negotiation, hereby waives, with respect to the other Party
only, any immunity that would otherwise be available against such claims under
the Industrial Insurance provisions of Title 51 ROW.
10. RECORDS RETENTION AND TRANSFERENCE
Seattle shall generally transfer records back to Tukwila after the expiration of the
30 day appeal period. Seattle may retain records up to one year from the date of
final disposition if requested in a specific case.
11. DURATION
This Agreement shall take effect upon execution of the Agreement by both
parties, and the appointment of the hearing examiner by the Mayor of Tukwila
and the approval of the Tukwila City Council. This Agreement shall remain in
effect through December 31, 2020 and shall be subject to renewal by mutual
agreement.
12, TERMINATION
Either party may terminate this Agreement by giving thirty (30) days written
notice of termination to the other party.
13. APPLICABLE LAW: VENUE: ATTORNEYS FEES
This Agreement shall be subject to, and the Parties shall at all times comply with,
all applicable federal, state and local laws, regulations, and rules, including the
provisions of the City of Tukwila Municipal Code and ordinances of the City of
Tukwila. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and
agree that venue shall be properly laid in King County, Washington. The
prevailing party in any such action shall be entitled to its attorney's fees and
costs of suit. Venue for any action arising from or related to this Agreement shall
be exclusively in King County Superior Court.
14. SEVERABILITY AND SURVIVAL
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If any term, condition or provision of this Agreement is declared void or
unenforceable or limited in its application or effect, such event shall not affect any
other provisions hereof and all other provisions shall remain fully enforceable.
The provisions of this Agreement, which by their sense and context are
reasonably intended to survive the completion, expiration or cancellation of this
Agreement, shall survive termination of this Agreement.
16. NOTICES
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila,WA 98188
Notices to Seattle shall be sent to the following address:
City of Seattle
Office of Hearing Examiner
PO Box 94729
Seattle, WA 98124
IN WITNESS WHEREOF, the parties have executed this Agreement on the date last
written below.
CITY OF SEI? I lJ CITY OF TUKWILA
By:, yan Vancil, Hearing Examiner By: Allan Ekberg, Mayor
DATE
Approved as to Form:
Tukwila City Attorney
DATE
DATE
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4S4ANT.,,
TO:
FROM:
BY:
CC:
DATE:
SUBJECT:
City of Tukwila
INFOR ATIONAL
E ORANDU
Community Development and Neighborhoods Committee
Jack Pace, DCD Director
Kia Shagena, Code Enforcement Officer
Mayor Ekberg
October 11, 2018
Updated Rental Housing Licensing Fees
Allan Ekberg, Mayor
ISSUE
Should Tukwila increase its rental housing licensing fees and inspection rate to adjust for
inflation in staff costs?
BACKGROUND
Salaries for represented employees will likely increase in 2019 and 2020 by 90% of the CPI-VV
(June 2017-2018). The CPI-W for that period is 3.6% and benefit costs have increased by an
even higher percentage.
DISCUSSION
As of October 4, 2018, The Rental Housing Program has 3962 registered rental units, 1482 of
those units have passed inspections in 2018, and 91% of all registered units have up to date
passing inspections. Nearly 400 units have been added to the Rental Housing Program in
2018. With an increase in units there is increased demand on staff.
Staff has found monthly late fees for overdue license renewals to be an effective tool. Currently,
there is a flat $20 per unit late inspection fee for all inspections that are past due. Staff has
found that a flat fee for late inspections does not create a sense of urgency in property owners
to have their units inspected once they are already late. Staff proposes to replace the flat fee
with a monthly late fee per unit for overdue inspections.
Residential Rental Business License fees for single family homes and all licenses with four or
fewer units will remain unchanged for 2019 and will increase by five dollars in 2020.
FINANCIAL IMPACT
The proposed fee increases will keep pace with the City's costs to provide these necessary
services.
RECOMMENDATION
The Council is being asked to approve the revised resolution and consider this item at the
November 5th Regular Meeting consent agenda.
ATTACHMENTS
Draft Residential Rental Licensing Fee Resolution.
65
66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL
RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM
FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1895.
WHEREAS, the City has adopted a Residential Rental Business License and
Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and
WHEREAS, the program has significantly improved the condition of the City's
rental housing stock over the past eight years; and
WHEREAS, the City is authorized to impose fees for services rendered; and
WHEREAS, the fees for this program are intended to offset most of the cost of
providing this service; and
WHEREAS, the costs to administer the program have increased since the last
fee review in 2016; and
WHEREAS, the cost to administer the licensing program increases in proportion
to the number of units per site;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Residential Rental Business License and Inspection Program
fees will be charged according to the following schedule:
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES
DESCRIPTION
2018
LICENSE
2019
LICENSE
2020
LICENSE
Annual Residential Rental Business License:
Property with one, two, three or four units
$ 70.00
$ 70.00
$ 75.00
Property with 5 to 20 units
$ 85.00
$190.00
$195.00
W:\Word Processing\Resolutions\Residential Rental Licensing fee schedule 10-12-18
KS:bjs
Page 1 of 2 67
DESCRIPTION
2018
LICENSE
2019
LICENSE
2020
LICENSE
Property with 21 to 50 units
$235.00
$240.00
$245.00
Property with 51 or more units
$285.00
$295.00
$305.00
License fees for units rented for the first time on or after July 1st of each year are
reduced by 50%.
Late fee per month if existing license is not
renewed before March 1
$ 10.00
$10.00
$10.00
Penalty fee if a new unit is leased before a
license and inspection is obtained
$ 50.00
$50.00
$50.00
Inspection fee per unit (City inspector)
$ 55.00
$ 55.00
$ 60.00
Re -inspection fee per unit (City inspector)
$ 55.00
$ 55.00
$ 60.00
Late fee per unit if Inspection Checklist is not
submitted by September 30 of the year it is due
$20.00
------
-
Late fee per unit, per month, if Inspection
------
$10.00
$10.00
Checklist is not submitted by September 30 of the
year it is due
Hearing Examiner appeal fee
$330.00
$ 40.00
$340.00
Section 2. Repealer. Resolution No. 1895 is hereby repealed, effective
December 1, 2018.
Section 3. Effective Date. This resolution and the fee schedule contained herein
shall be effective as of December 1, 2018.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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68 KS:bjs
Page 2 of 2
City of Tukwila
Allan Ekberg, Mayor
INFOR ATIO AL E ORA DU
TO: Community Development and Neighborhoods
FROM: Jack Pace, DCD Director
BY: Nora Gierloff, Deputy DCD Director
CC: Mayor Ekberg
DATE: October 17, 2018
SUBJECT: Updated DCD and PW Permit Fees
ISSUE
Should Tukwila increase its land use, Public Works and Building permit fees and hourly
inspection rates to reflect increased costs to provide development review services?
BACKGROUND
Salaries for represented employees will likely increase in 2019 and 2020 by 90% of the CPI-W
(June 2017-2018). The CPI-W for that period is 3.6% and benefit costs have increased by an
even higher percentage.
The City's costs for processing credit card payments for permit applications have been
increasing over the years. In 2017 to offset this cost the City began charging a 3% convenience
fee on permit fees paid by credit card. The draft fee resolution maintains this fee as it has been
covering the amount of the credit card processing surcharge.
DISCUSSION
Staff is suggesting that the flat land use fees increase at 3.2°/0 to reflect the City's labor and
benefit costs. Some other permit fees are based on the valuation of the work which itself reflects
inflation so no adjustment is needed for them.
Hearing Examiner fees are increasing by a smaller amount and will remain the same for the
2019-2020 period. These costs are passed through to the applicant.
FINANCIAL IMPACT
The proposed fee increases will keep pace with the City's costs to provide these necessary
services.
RECOMMENDATION
The Council is being asked to approve the revised resolution and consider this item at the
November 5th Regular Meeting consent agenda.
ATTACHMENT
-Draft PW, Land Use and Building/Electrical/Plumbing/Mechanical Permit Fee Resolution
69
70
IT 7)
L.) Lid
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1912,
AND ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE.
WHEREAS, the City Council adopted Resolution No. 1912 in 2017, establishing the
City's current consolidated construction fee schedule; and
WHEREAS, the City intends to update permit fees on an annual basis, with any
increases tied to growth in City expenses for providing permit services; and
WHEREAS, the City Council wishes to recover a portion of the City's costs for
review and processing of permit applications; and
WHEREAS, the City has adopted a biennial budget process; and
WHEREAS, the City's primary cost for permit processing is employee salaries and
benefits; and
WHEREAS, the Seattle Consumer Price Index (CPI-W) was 3.6% for the June
2017-2018 period; and
WHEREAS, the cost for employee benefits has risen by an even larger percentage;
and
WHEREAS, increasing flat fee permits by 3.2% will enable revenues to track with
City labor costs; and
WHEREAS, some permits are based on value of construction, so inflation is built
into the permit fee calculation and no increase in rate is justified; and
WHEREAS, over the counter permit costs are directly related to hourly inspection
expenses, currently $60 for electrical and $70 for building inspectors; and
WHEREAS, as more permit applicants are paying by credit card, the surcharge on
these transactions has become a significant budget impact; and
W:\Word Processing\Resolutions\Consolidated permit fee schedule 2019-2020 10-12-18
NG:bjs
Page 1 of 11 71
WHEREAS. the City intends to pass this COOV8OieDce fee through to the permit
applicants; and
WHEREAS, the CitV's'evaluation 0fthe convenience fee revenue indicates that itis
covering the credit card surcharge fees;
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1' Repealer. Resolution No. 1912 is hereby repealed. effective January
1,2019.
Section 2. For 2019 and 2020. the Technology Fee shall be set at 5% Of the
applicable permit fee.
Section 3. Public Works fees will be charged according to the following schedule:
PUBLIC WORKS FEE SCHEDULE
PERMIT DESCRIPTION
FEE
Type A(8hort-TermNon-pnufit)
$ 5O{D}+Tenhnn|ogyFee
Type B(Short-TannProfit)
$1O0.00+Technology Fee
Type
(Infrastructure and Grading onPrivate Property
and City Right-0f4Wayand Disturbance ofCity
Right -of -Way)
$250.0Oapplication base fee, Technology Fee, plus
four components based oOconstruction value:
1) Plan Review
J) Construction Inspection
3) Pavement Mitigation
4) Grading Plan Review
See Public Works Bulletin AYfor fee schedule.
Type O(Long'Term)
$1OO.U0+Technology Fee
T E Disturbance of �r~�
City RiRight-of-Way)
$1000O+Technology Fee
�
Type F(Blanket Permits)
$250. OO processing fee, plus $5.00O.00cash deposit,
withdraw $1QD.O0per instance for inspection
Frannhioe—Te|eoommunioationa
$5.0OO.0Oadministrative fee
Fnynohima—Cab|e
$5.00O.00plus 596nftotal revenue
Street Vacation
$1.200.00
Latecomer's Agreements
$500.00 processing fee, plus 17%administrative fee,
plus $5OO.00segregation fee
Flood Zone Control Permit
$5O.00+Technology Fee
Public Works |napectorSafety. |nvesdqationor
$70.00 per hour
.Re'inapoodonFee
Public 'Works inspection outside ofnormal
$1O5.00per hour
business hours (three-hourminimum oharqo)
vyAvpm permit fee schedule 2n19-2Ou01n'12-18
Page 2 of 11
Section 4. Land use permit and processing fees will be charged according to the
following schedule:
LAND USE FEE SCHEDULE
All peer review fees will be passed through to the applicant per TMC Section 18.50.200.
Decision Type
2017 2018
Fees Fees
2019
Fee
2020
Fee
Plus
Hearing
Examiner
Fees
Plus
Technology
Fee (TF)
Appeal
Type 1, 2 and 4 Decisions
$6-1-4 $62-6
$645
$665
SEPA MDNS Appeal
$6-1-4 $62-6
$645
$665
Appeal of Sign Code Decision
6644 $626.
$645
$665
Impact Fee Appeals:
Fire
$6-1-4- $626
$645
$665
Parks
$6-1-4- $626.
$645
$665
Transportation
$64L $626
$645
$665
Sign Permit (TMC Chapter 19)
Permanent
$2-5-3 $266
$265
$275
+ TF
Temporary
$44 $44-
$45
$45
+ TF
Pole/Banner Initial Application
$25-3 6256
$265
$275
+ TF
Special Event
$-1-144 $4-1-2
$115
$120
+ TF
Pole/Banner Annual Renewal
$55 656
$60
$60
+ TF
New Billboard
$6-1-4 6626
$645
$665
+ TF
Master Sign Program—Admin
$2,260 $2,306
$2 380
$2,455
+ TF
Master Sign Program —BAR
$3,620 $3,692
$3,800
$3,930
+ TF
W:\Word Processing\Resolutions\Consolidated permit fee schedule 2019-2020 10-12-18
NG:bjs
Page 3 of 11 73
2017
2018
Decision Type
2020
Fee
ls Eaie
es
lus
Technology
Fee(rF)
P
TUC Zone Modifications
Modification toTUC Corridor Standards
Modification toTUC Open Space Regulations
Transit Reduction hnParking Requirements
Design Review (TMC Section 18.60,030)
Administrative
Public Hearing
Major Modification
$1.125 $1,153
$1,550
+TF
Minor Modification
Parking Variances and Special Permissions
Administrative Parking Variance
(Type 2—TMCSection 18.56.140
Parking Variance
(Type 3--TMCSection Y8.56./4[U
Parking Standard for use not specified
$1.008 31.028
+HE
Residential Parking Reduction
Shared, covenant, Complementary Parking
Reduction (TMC Section 18.56.070)
Parking LotReotriping
Variances, Special Permissions and Site Plan Review
Variances
Environmentally Sensitive Areas Deviation,
Buffer Reduction (T8VCChapter 18.45)
Reduced fee for LORhomeowners, no
associated short plat
Reasonable Use Exception
(TMCSection Y845.Y80
Exception from Single Family Design Standard
$3.111 $3,173
$3,100
$1^64O
+HE
+HE
+TF
+TF
Special Permission Cargo Container
(TMCSection 18.58000
Landscape Perimeter Averaging
Residential Tree Permit
(TMCChapter 18.54)
Tree and Commercial Landscape Modification
Permit and Exceptions
W:VwnrdPmoossngVR000utions\Consolidatedpermit fee schedule 2o10-2V2o1O'1z'18.
Page 4 of 11
Decision Type
'
2017 2018
Fees Fees
2019
��m
3020
Fee
Plus
Hearing
Examiner
Fees
Plus
Technology
Fee
Lot Creation and Consolidation
Boundary Line Adjustment
(TMCChapter Y700
$1.714 $1.778
01.835
$1.896
+TF
Lot Consolidation
/77NC ChepbyrY7D6V
$649 $464
$680
Q705
+TF
Short Plat (2-4 |
(TMCChapter f7.Y2)
$3,974 S4.050
G4.180
$4,315
+TF
Short Plat (5'9 lots)
/77NCChapter Y7.Y29
$4.520 81.010
$4.760
$4.910
+TF
Subdivision:
Preliminary Plat (10+lots)
(77NCSection 17Y4`028)
$5.187 $5.290
05.460
$5.635
+HE
+TF
Final p|at(1O+ lots)
(TMCSection 17.Y2.O38)
$3.111 $3.173
$3.275
$3.380
+TF
.
Binding Site Improvement Plan
/T7NC CheoharY7.Y6B
83`971 G4'058
$4.180
$4,315
+TF
Planned Residential Development:
Administrative /77NCSeobnn 18.40.118y
$2.280 $2,3969�
$2,380
$2.455
+TF
Public Hearing /77NC Section fB.40.Yf6Y
$5,187 $5.290
$5'400
$5.635
+ |F
Minor Modification (77NOSection 1846.130)
$644 $&2-9
$645
$885
+TF
Major Modification (T7WC Section 18.46130)
$2.522 $2'573
$2,655
02.740
+ TF
Wireless Communication Facility (TMC Chapter 18.58.050)
Minor (Type /)
$644 $42-9
G645
&085
+TF
Administrotive(7ype 2)
$1.74� $1,779
$1.835
$1^895
+TF
Major or Height Waiver (Type 3)
$3.487 $3.557
$3H670
$3.790
+ HE
+TF
SEPA and Environmental
Checklist
31.779 $1.813
$1,870
$1.830
+ |F
SEPAE|S
$3.111 $3,173
83,275
$3380
+TF
SEPAPlanned Action
$6944 $62ra
$845
$865
+TF
SEPA Addendum
$6644 $62-&
$645
$865
+TF
SEPAExemption Letter
$362- $9�
$380
Q395
+TF
Sensitive Area Master Plan Overlay
(TMC 18.45.160)
$5'187 $5,299
$5.400
$5.635
+TF
VVAWvrdPmo=sonoUResn|mmnaVCnnso|idatedpermit fee schedule u019-2ozn1n'12-1e
Page 5of11 75
Decision Type
2017 2018
Fees F*o«
2019
Feu
2020
Fee
Plus
Hearing
Examiner
Fees
pvuu
Technology
Foe(TF)
Shoreline Permits
Substantial Development Permit: (T7NCChapter Y8.44)
Pnojectva|ue: $5.000-$10.000
$1.229 $1,251
81,295
$1.335
+TF
$10.001-$50.000
$2.874 $2.832
$3]]35
$3.125
+TF
$50.001-$500.000
$4.585 $4.677
$4.825
$4,980
+TF `
More than $5OO.00O
$5.813 $5.029
$6.120
$6.315
+TF
Permit Exemption Letter, Shoreline
$2,5a $2-5.9
$265
$275
+TF
Shoreline Permit Revision
$&36 $44-9
$670
$600
+TF
Conditional Use Permit, Shoreline
(7MC/fi44.O50)
$4r036 $4.117
$4.250
$4.385
+HE
+TF
Shoreline Tree. Permit
/TMCChapter Y8.44A
$449 $444
$115
$120
+TF
Shoreline Environment RedaoignoUon
83.111 $3,473
$3.275
$8.380
+TF
Noise Variance (77NC Secbonf[22Y20)
Type
$_r-Q4 $544
$530
0545
+TF
Type||
$6-9G $6-94
$715
$740
+TF
Type|||
$1.513 $1.513
81.595
$1.645
+HE
+TF
Use Permits
Conditional Use Permit
(77NCSeobon 1804.020)
$4.036 $4.117
$4,250
$4,385
+HE
+TF
Unclassified Use Permit
(7MCChapter Y8.06)
$5.187 $5.290
$5.460
G5.635
+TF
TS{}Special Permission Use
(77NCSection Y8.4Y.008)
$1,099 $1.028
$1.080
81.095
+HE
+TF
Comprehensive Plan Changes /TMC ChupberY8.84V
Rezone (Map Change)
$3,639 $3.703
$3,8C20
$3.945
+TF
Comprehensive Plan Amendment
$4.149 $1.233
84,3[70
$4.505
+TF
Zoning Code Text Amendment
84.716 $1.811
$4.085
$5.125
+TF
Miscellaneous Services and Charges
Development Agreement
$2.875 $2,116
$2.185
$2.256
+TF
Code Interpretation (77NC8ection 18.88010)
$36-0- $46-9
$380
$395
+TF
Zoning Verification Letter
$362 $36A9
$380
$395
+TF
Legal Lot Verification
$544 $_519a
8815
$630
+TF
Proapp|ioationK800ting
$55-94 $�544�
8530
$545
+TF
In -lieu Tree Replacement Fee
$400
$410
Mailing Fee toGenerate Laba|e, per project
$44:4 $49&
Q500
$515
vVANurd permit fee schedule 2D18-202O1&424O
Page 6 of 11
Decision Type
2017 2018
Fees Fees
2019
Fee
2020
Fee
Plus
Hearing
Examiner
roea
Plus
Technology
Fvo(TF)
Miscellaneous Services and Charges (cont)
Public Notice Mailing Fee per address for each
mailing
$1 $1
$1
$1
Section 5. Building permit fees will be charged according to the following
BUILDING PERMIT FEE SCHEDULE
Total Valuation
Building Permit Fees
$1to$500
$G8.3O+Technology Fee
$501b}$2.000
$GG.3Ofor the first $5OO.plus $4.3Qfor each additional $1OO.urfraction
thereof, huand including $2.00O.+Technology Fee
$2.001to$25.000
$132.O9for the first $2,OOO.plus $18.SSfor each additional $1.000.or
fraction thereof, toand including $25,OOO.+Technology Fee
$25.001to$50.000
$G12.41for the first $25.OUO.plus $15.O1for each additional $1`000.nr
fraction thereof, toand including $5O.00O.+Technology Fee
$50,001to$100.000
$1.002.O2for the first $5O.0OO,plus S1O.81for each additional $1.UOO.or
fraction thereof, t0and including $1OO.00U.+Technology Fee
$100.001to$500.000
$1.541.83for the first $1O0.OUO.plus $8.G7for each additional $1.0OO.or
fraction thereof, toand including $5OO.00O.+Technology Fee
$500,001to$1.000.000
$5.OU4.43for the first $50O.00O,plus .$7.14for each additional $1.0OD.or
fraction thereof, tnand including $1.00U.O00.+Technology Fee
$1.000.001to$5.000.000
$8.G12.12for the first $1,UOO.00O.plus $47gfor each additional $1,OQO.
orfraction thereof, hoand including $5QO0,0OO.+Technology Fee
$5'OOO.UO1and up
$27.788,12for the first $5.UUO.000.plus $4.50for each $1.O0Oorfraction
thereof, + Technology Fee
A. Non -Structural Plan Review Fee. /\ DOn-St[UctU[@l plan review fee shall be
paid at the time of submitting plans and specifications for review. The non-structural
plan FeVi8VY fee shall be 65% of the calculated permit fee as set forth |D the permit fee
schedule. The non-structural plan review fee Specified herein iS 8 SeD8[@te fee from the
permit fee and isiOaddition tothe permit fee.
B. Structural Plan Review Fee. Where a structural D|@n review is deemed
OeCeSs8rV' 8 structural plan review fee shall be charged. The structural plan review fee
Shall be 35% of the calculated DoO-St[UOtU[8l plan review fee.
vVmWardrmcesnngVReaoktionvK}nnonUdotedpermit fee schedule 2019-20201042'18
Section 6. Mechanical permit fees will be charged according to the following
MECHANICAL PERMIT FEE SCHEDULE
Valuation of
Work (Total
Contract Amount)
Mechanical Permit Fee
$33.15for issuance ofeach permit (base fee) + Technology Fee
$25Onrless
$6G.30+Technology Fee
$251 to$5OO
$G8`3Ofor first $250.plus $7.gQfor each $1OOorfraction thereof, to
and including $GOO. + Technology Fee
$501to$1.000
$8G.28for the first $5OO.plus $O.87for each $1OOorfraction thereof, to
and including $1.00O.+Technology Fee
$1.001to$5.000
$13O.6Gfor the first $1.OD0.plus $@.84for each $1^QOUnrfraction
thereof, toand including $5.00O.+Technology Fee
$5.001to$50.000
$17O.O3for the first $5.000.p|us $1O.25for each $1.UOOorfraction
thereof, toand including $5O.00O.+Technology Fee
$50.001tn$250.000
$G51.S8for the first $50.0OO.plus $8.57for each $1.OUOorfraction
thereof, toand including $25O,OOO.+Technology Fee
$250.001to$1.000.000
$2.385.58for the first $25O.OD0.plus $7.55for each $1.000mrfraction
thereof, toand including $1.ODO.000.+Technology Fee
$1.000.001 and up
$8,028.58 for the firnt$1.00O.00O. plus $6.83 for each $1.000 or
fraction thereof, + Technology Fee
Section 7' Plumbing permit fees will be charged according to the fnlk}vVOg
PLUMBING PERMIT FEE SCHEDULE
Permit Issuance —Issuance of each permit (base fee)
$35.UO33.15+Technology Fee
Unit Fee Schedule (in addition hrbase fee above. -
For one plumbing fixture (a fixture is aeinh. h/ikat, bathtub, ntoj
$88.00 60.30 + Technology Fee
For each additional fixture
$15.001429+Technology Fee
For each building sewer and each trailer park sewer
$25.0O25.3O+Technology Fee
Rainwmhereyotem—perdrein(insidabui|ding)
$15.0014.29+Technology Fee
For each water heater and/or vent
$15.001428+Technology Fee
For each industrial waste pretreatment intnrcePhor, including its
trap and vent, except for kitchen type grease interceptors
$300028.5S+Technology Fee
�
For each grease interceptor for commercial kitchens
$3O.0020.G8+Technology Fee
For each repair or alteration of water piping and/or water treating
equipment, each occurrence
�
$15 OO�4���+Techno|ogy Fee
For each repair or alteration of drainage or vent Piping. each
fixture
$15�00 11 28+Teohno|oQy Fee
VVamord permit fee schedule ao1y-2o2o1n42-18
78 wQ:bja
Page 8 of 11
For each medical gas piping system serving one tofive
` in|ete/out�ts�roSpeoi�cgas
$85008364 +Technu�gy Fee
�
For each additional medical gas inlets/outlets
$17.0}1U�52+Technology Fee
For each lawn sprinkler system onany one (1)meter including
back�mw protection devices therefor.
$3OOO2AO8+Technology Fee
'
For atmospheric -type vacuum breakers not included inlawn
sprinkler bookf|ovv protection:
1to5........ $15.0011.OQ+Technology Fee
Over 5....... $15�00 14.00for first Splus $3.25for each
additional + Technology Fee
For each bechf|nwprotective device other than atmospheric type
vacuum breakers:
2-inchdiameter and smaller $3Q.002y.1O+Technology
Fee
Over 2'inohdiameter: $33.UO32.25+Technology
Fee
Section 8'FUel Gas Piping permit fees will be charged according to the following
schedule:
FUEL GAS PIPING PERMIT FEE SCHEDULE
Permit Issuance
For issuing each permit (base fee): ($0 ifpermit ksi»conjunction with
aplumbing permit for anappliance vVidnboth pkurnbingand gas
connection.)
$35OU3~' 15+Technology Fee
'
Unit Fee Schedule
For each gas piping system ofone tofive outlets
$08.U0SG.3O+Technology Fee
For each additional gas piping system outlet, per outlet
$15.00142&+Technology Fee
Section 9' Electrical permit fees will be charged according to the following
schedule:
ELECTRICAL PERMIT FEE SCHEDULE
NEW SINGLE-FAMILY DWELLINGS
New single-family dwellings (including agarage)
$18O.OU155.Q1+Technology
Fee
Garages, pools, spas and outbuildings
$12O.0O83.54+Technology Fee
Low voltage systems
$6O.0081.O5+Technology Fee
mCxwordPmoeovinoUResdutionsxConno|idotedpermit fee schedule 201n-2OzV10-1z'18
NG:bjs
2. SINGLE-FAMILY REMODEL AND SERVICE CHANGES
Service change oralteration-no added/altered circuits
$12O.008354+Technology Fee
Service chane $1OO.00Q3.54with added/altered circuits, plus $10.00
Fee
fee $1GO�D15GIK})�
$1000OB354+Technology
12.0}for each added ciroub(rna�MnunMpermit
$GO.0055OQ+Technology Fee
Circuits added/altered without service change (includes upto
S circuits)
55O9added/altered vyithoutservice change (more
~''"~'^~`~`~" '
Technology Fee
for
$GO.0055GQ+
than 5cirouita); $1O.QO;+@-5each added circuit (maximum permit
fee $1O0.00+Technology Fee)
PWeter/nnastrapair
$8O.O08D�O2+Technology Fee
Low voltage systems
$GO.00G1.O5+Technology Fee
3. MULTI -FAMILY AND COMMERCIAL (including low voltage)
Valuation of
Work
Contract Amount)
'
Permit Fee
'$25Oorless
$8O.3O+Technology Fee
$251-$1.000
$6G.3Ofor the first $25Uplus $4.3Sfor each $1U0orfraction thereof, toand
including $1.00U.+Technology Fee
$1.001'$5.000
$08.84for the first $1.00Oplus $22.O3for each $1.000orfraction thereof, to
and including $5.UOO.+Technology Fee
$5.001 $50.000
$1,8G.g7for the first $5.OUOplus $18.O5for each $1.00Oorfraction thereof, hu
and including $5O.UOO`+Technology Fee
$50.001-$250.000
$AQ8.73for the first $50.0OOplus $13.1Gfor each $1'O0Oorfraction thereof, to
and including $Z5O.00O.+Technology Fee
$250.001 $1.000,000
$3.O38.54for the first $26O,0OOplus $Q.33for each $1.00Oorfraction thereof,
tuand including $1.00O.0OO.+Technology Fee
Over$1.00Q.00O
$10.849.51 plus O.596ofcost over $1.U0O.00O.+Technology Fee
4. MISCELLANEOUS ELECTRICAL PERMIT FEES
Temporary service (neadondo|)
$GO.00SG3Q+Technology Fee
Tempnnarynervioe/oenenabzrs
$QO.QQ82.52+Technology Fee
Manufactured/mobile home parks and RVpark sites, each service and
feeder
$1OO.00Q7.Q8+Technology Fee
Carnivals:
° Base fee
$1000082.21 + Technology Fee
° Each concession fee
$11.0011.O2+Technology Fee
• Each ride and generator truck
$11,20 11.02 + Technology Fee
Inspections (one-42# hour
$60.00 67,83 hour
or plan review not specified elsewhere
per
minimum). Safety inspections, plan revisions.
Safetyinspections, plan revisions
$6O.00per hour
Adult family home inspection (paid mtthe time nfscheduling the
inspection)--
0.0067.83
Disaster recovery emergency repair permit (residential structures only)
$20.00
vv1VYordPmceosnsUaeoo|mivnnV:nnoo|idotedpermit fee schedule zo1s-2n2o10-1z'1u
80 NE:bj»
Page 10 of 11
Section 10' Other inspections and fees will be charged according to the following
OTHER INSPECTIONS AND FEES
Inspections outside ofnormal business hours (three hour minimum charge)
$1O5.0O1O2,ODper
hour
Re -inspection fee
$7O.0007.83hour
per
Inspection for which no fee is specifically indicated —investigations or safety
inspections
$7OOO8733per hour
Additional plan review required by changes, additions, or revisions to approved
$7OOOG7.83hour
per
plans (minimum charge one half hour)
Work commencing before permit issuance shall be subject to an investigation fee
equal to1OO96ofthe permit fee.
1O096ofthe permit fee
Plan review fee —Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee
for review shall be2596ofthe total calculated permit fee. The plan review fee iso
separate fee from the permit fee and is required when plans are required in order
todocument compliance with the code.
Work covered without prior toinspection nrwork not ready atthe time of
inspection befee
may charged ore-inspection of$1O5,OO6G.50,
Expinedpermitfino|—ino|udeabwoinspeotiono
$140.00133OQ
Expinadpermitfino|—eachadditipnn|inapeution
$70.000783
Minor residential remodel plan review and permit (projects up to $20.000)
$20 00
Section 11' Credit Card Surcharge' If p8VnleDt is made by credit card, @
processing fee OfJ% will beadded tothe total order.
Section 12. Effective Date. This resolution and the fee schedules contained
herein shall be effective January 1, 2019.
PASSED BY THE CITY COUNCIL [}FTHE CITY {]FTUKWILA.WASHINGTON'@t
a Regular Meeting thereof this day of 7 2018.
ATTEST/AUTH ENT C/TE D:
Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY. -
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel F;.TorniO.City Attorney
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City of Tukwila
INFOR ATIONAL E ORANDU
TO: Community Development and Neighborhoods Committee
Transportation and Infrastructure Committee
FROM: Rachel Bianchi, Deputy City Administrator
CC: Mayor Ekberg
DATE: October 2, 2018
SUBJECT: 2019 Legislative Agenda
Allan Ekberg, Mayor
ISSUE
The City of Tukwila develops an annual legislative agenda for use in Olympia during the
legislative session.
BACKGROUND
The City's Legislative Agenda provides direction to staff and consensus among the elected
officials as to what policy positions are taken on behalf of the City of Tukwila during the
legislative session.
RECOMMENDATION
The Council is being asked to approve the resolution and consider this item at the November 13
Committee of the Whole meeting and subsequent November 19 Regular Meeting. The City's
lobbyist, Jennifer Ziegler, will provide a legislative update at the November 19 meeting.
ATTACHMENTS
- Resolution in draft form
- Attachment A — Legislative Agenda
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING A LEGISLATIVE AGENDA FOR USE
DURING THE 2019 WASHINGTON STATE LEGISLATIVE SESSION.
WHEREAS, the City Council has agreed to pursue certain legislative issues for 2019;
and
WHEREAS, the City Council recognizes this agenda is not all encompassing, in that
certain additional items may arise during the legislative session that require support or
opposition; and
WHEREAS, a legislative agenda outlines the priority issues that elected officials may
discuss when speaking to members of the Washington State Legislature; and
WHEREAS, the City Council agreed to these priorities at the City Council Meeting on
November 19, 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The Tukwila City Council has identified priorities for the 2019 Washington State
Legislative Session that provide a framework for advocacy on behalf of the community.
The City of Tukwila 2019 Legislative Agenda is hereby incorporated by reference as
Attachment A.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2018.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
Attachment A: City of Tukwila 2019 Legislative Agenda
W:\Word Processing \Resolutionslegislative Agenda for 2019 10-11-18
RB:bjs
Page 1 of 1
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ATTACHMENT
City of Tukwila 2019 Legislative Agenda
Transportation @^Infrastructure
w Join the U8 F)C[T, Freight K8Obi|hv Strategic |nVaotnneOt Board, the cities Of Renton and Tukwila
and other partners to fund the Strander Extension project to increase freight mobility and
remove 55'OOOvehicles aday from |-405. 167and other nearby roadways.
• Provide funding for critical |QC8| iOfrgSt[UCture, including the Allentown Bridge. which is
Structurally Deficient and Functionally Obsolete,
• Create stable, reliable infrastructure assistance funding for cities to assist in repairing
rO8dS, bridges and other public infrastructure that support economic development.
Housing & Human Services
m Fully fund the state Housing Trust Fund to provide resources for affordable housing.
w Create new and expand existing local options tDgenerate revenue for housing and human
services and for capital construction Df affordable housing.
• VVestrongly encourage the state toadequately fund human services programs for the health
of the safety net.
Shared Revenue
w The State must continue its role as a partner with cities, including reinstating funding for the
Public Works Assistance Account and Community Economic Revitalization Board.
~ Reestablish the Streamlined Sales Tax Mitigation Payments to cities hard-hit by the change to
destination based sales taK, which provides TUhvvi|@ over $1.2 million GOnQa||- to replace |OSt
revenue, which was ended inthe 2O1Rsession.
~ In addition, the state must retain the local share of liquor taxes to a||oVv jurisdictions to
address impacts, such as public safety, of privatized liquor in our cities.
Revenue Reform
• /U|mw cities the authority and flexibility to address the fact that growth in the cost of services
continue h]outstrip revenues.
* The state should amend the law that limits annual property tax growth to 1 percent and work
with cities tOauthorize additional funding flexibility and opportunities atthe local level.
Education
• Implement needs based funding for allocation of social emotional student support resources
and expand funding for learning opportunities for summer school students.
~ Increase funding for homeless students and secondary ELL students.
* Incorporate early learning for low income students ao a part ofBasic Education.
Law Enforcement
• Increase funding for law enforcement training to ensure that all police officers have access to
key resources that save lives.
• Change the day rate for Department of Corrections inmates to ensure equitable
reimbursements for local facilities such a3SCORE.
Preserve Lodging |Tax Flexibility
* Ensure the definition of "tourist" in Washington State remains flexible to allow jurisdictions and
Lodging Tax Advisory Committees to distribute lodging tax dollars in a manner that best serves
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