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HomeMy WebLinkAboutCDN 2019-03-12 COMPLETE AGENDA PACKETCity of Tukwila Community Development & Neighborhoods Committee o De'Sean Quinn, Chair O Dennis Robertson O Verna Seal AGENDA TUESDAY, MARCH 12, 2019 — 5:30 PM HAZELNUT CONFERENCE ROOM (At east entrance of City Hall) Distribution: D. Quinn D. Robertson V. Seal K. Hougardy Z. Idan Mayor Ekberg D. Cline R. Bianchi C. O'Flaherty L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An amendment to the Development Agreement for a. Forward to 3/25 C.O.W. Pg.1 Airmark Apartments/Hotel Interurban. and 4/1 Regular Mtg. Nora Gierioff, Deputy Community Development Director b. Grant applications for the Conservation Futures Tax b. Program (CFT): (1) Committee consideration/ Pg.21 (1) Property on South 116th Street decision. (2) Property on South 146th Street (2) Committee consideration/ Pg.47 Rick Still, Parks & Recreation Director decision. c. An agreement with Starfire Sports for lodging tax c. Forward to 3/18 Consent Pg.65 funds. Agenda. Brandon Miles, Business Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, March 26, 2019 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: March 12, 2019 SUBJECT: Airmark Apartments Development Agreement Revision Request ISSUE The owners of the Airmark Apartments/Hotel Interurban have requested an amendment to their development agreement to allow additional building signage. BACKGROUND The City has received a request for a third amendment to the development agreement (DA) between the owners of Airmark Apartments/Hotel Interurban and the City of Tukwila for the building at 223 and 229 Andover Park East. The existing DA allows the following sign code departures: 1) Canopy edge signs that are 3.5 feet high rather than 1 foot, and 2) Two wall signs that are 500 square feet each rather than 150 square feet. This request is for another change to the development standards section of the DA to allow installation of two additional 1,000 square foot wall signs to increase the visibility of the Airmark Apartments, see Attachment A. Currently the Airmark's only signage is on a canopy sign over the entry door while Hotel Interurban is advertised on wall and canopy signs, see Attachment B. The additional wall signs requested are twice the size of the signs approved in the prior agreements and more than six times larger than the sign code permits for this site. The proposal would not remove or reduce either of the existing wall signs. In addition, the proposal is to place the "Airmark" portion of the signs above the top of the building parapet. This is prohibited by TMC 19.20.050 A 5.: Wall signs may not extend above the top of the parapet or eave of the roof of the wall on which they are located. Staff has met with the owners several times and offered the following approaches: 1. Administratively changing the design of the wall signs to include mention of the apartments within the 500 sf maximum size allowed previously. 2. Administratively approving changes to the landscape plan to allow for installation of a monument sign, as allowed under the sign code. 1 INFORMATIONAL MEMO Page 2 3. Recommending Council approval of an amendment to the DA to increase the size of the existing wall signs by 250 square feet (the "Hotel" portion of the sign is 200 sf) to add language like "and Flats" or "+ Residences". 4. Recommending Council approval of an amendment to the DA to move one of the wall signs to another building face. 5. Economic Development staff is working with Airmark on marketing and promotion separate from signage changes. The Committee discussed this issue at their 2/12/19 meeting and asked staff to return with options for possible amendments to the DA. DISCUSSION The City would like to support its businesses so that they can be as successful as possible. At the same time, because most would like additional signage, the City needs to set limits so that signs do not overwhelm the commercial areas to the detriment of all businesses. Nearby jurisdictions do not allow the type or size of sign requested by the Airmark owners. Jurisdiction Tukwila SeaTac Renton Bellevue Seattle Maximum Wall Sign Size 150 SF standard code; 500 SF under the Master Sign Program if set back 250' from street; 1,500 SF in MIC/H Zone if on a 100,000 SF wall 10% of building facade 20% of building fagade in the City Center 300 SF 672 SF Rooftop Signs Prohibited generally; Master Sign Program allows a 40 SF sign on a sloping roof, below the roof peak Prohibited unless site has no street frontage and is at least 200 feet from a R-O-W, no visible sign supports Prohibited in the City Center and Urban Design area No visible sign supports, must appear to be part of the building Max height of 25 feet Other Requirements 1 wall sign per public entrance; Master Sign Program requires 15 acre site and 200,000 SF of building area Building accent lighting is considered part of sign area Additional options for buildings over 40 feet tall Design Review required, business must occupy at least 75,000 SF in the building to qualify for 2 upper level high rise signs 1 sign per 30 feet of street frontage, No wall signs above 65 feet except hotels or public buildings, max dimension 18' Z:\Council Agenda Items\DCD13-12-191Memo WA PI DA Amend CDN 3-12-19.docx 2 INFORMATIONAL MEMO Page 3 Tacoma 200 SF per sign, 3 max per business Prohibited except where incorporated into a building to provide an overall finished appearance, wall signs may not extend above the parapet Total wall sign area is 1 SF per linear foot of building wall with a public entrance Even under Tukwila's most permissive standards for the Manufacturing Industrial Center/Heavy Industrial zone the largest signs allowed for this building would be 850 SF for the south wall (wall is 52,000 SF) and 645 SF for the west wall (wall is 38,000 SF and already has a 500 SF sign). For comparison, all of the red "Westfield" monument and wall mounted signs at the mall together total 1,200 SF (not the pole sign). The existing DA has granted the project considerable flexibility on development standards such as height, parking and open space in addition to signage. The most recent request does not clearly identify an additional public benefit that would justify this additional change. In particular, allowing signs of this size and rooftop signs would be a significant policy departure for the City and likely lead to requests from other businesses for similar signage. If the Council is interested in allowing Airmark additional signage policy options include: Number of Wall Signs 1 or 2 Could require 1 existing wall sign to be removed/replaced Size of Signs 500, 750 or 1000 SF Even if the Sign Code is not changed it will set a precedent for other requests Location Above or below parapet An alternate location is on the mechanical penthouse where the temporary signs were located Time Limit 3, 4 or 5 years Allow while the apartments are leasing up and Southcenter is establishing as a residential area, then reevaluate or remove Performance Bond If time limited require a bond to ensure removal at the expiration of the term Copy Limitation Limit sign copy to "Airmark Apartments" RECOMMENDATION If the Committee determines that this request should move forward then select from the above policy options and move this item on to the March 25, 2019 Committee of the Whole meeting for a public hearing. ATTACHMENTS A. Request for Additional Signage through DA Amendment B. Existing Airmark/Hotel Interurban Signage Design and Location C. Draft DA Amendment and Adopting Ordinance Z:\Council Agenda Items\DCD13-12-191Memo WA PI DA Amend CDN 3-12-19.docx 3 4 January 28, 2019 Dear Councilmen: First of all, we want to thank you for believed in us and supported us to create the first mixed use hi -rise project in the City of Tukwila. This project has been well received by the community. The comments we get on a regular basis from our residents, hotel guests and the surrounding public made us very proud to be the developer of this project. We appreciate all of you, the Councilmen, the City staffs for working with us since 2012. We need your continue support with the success of this project. When we first design this project, we admit we had put way too much attention to the hotel section. Being a seasonal developer for residential projects, we did make a mistake by not emphasize the signage for residential portion. Totally neglected the unique situation we have at this location which has no residential ever existed. For a normal residential project, we do not need to put more than just a building awning type of sign. However, with this project, we finally realized that visible signs are absolutely needed. Because we need to educate the surrounding public, that we have quality living residential units available. For your information, a residential rental project average lease derives from walk-in traffic is 25-35%. With our project, we have 0% since January 2017. People simply do not know the residential portion within the project exists, they believe the whole building is a hotel. We are requesting an amendment to our Development Agreement. We want to install 2 additional building signs each with 1000 square feet for the residential area. We have attached the proposed sign elevations. We understand the City has sign code. However, we believe the code was established without consideration of hi -rise buildings. With hi -rise, the size of the sign is critical. It is meaningless if people on the street level cannot read. We appreciate your consideration for our request. Again, this is a critical decision which leads the fate of this project. Thank you very much for your time. Best Regards, Christine Lee Attachment A 5 6 ,1AIRMARjf� r ti L.®®Eta®Ella Et nub n Ranfl-9 3Hiii R3:13®® RER9-HRIRI RiRR :r Ea rr ®®®;r R ;r RIRI • W � EL = CB $1 s -i fe :f IH 91 f: =I 5! :I El M RI LE [RFri DIRIL9Ell f: WEUEtLg :f Si EEmmEIIIggIER1;3LU elDI13IEUeaEMEL L8 WEiI 13:1 Erl 13I1>3EiUDI EMm Eilf31IF.1M 111 W ELI I8 W 1E1 W [$ W re W LH W I9 W EH W LEI W> Et - 1:13 E FH HI [$ - FH FII IH V HI ra RI It EAFff ®WIHELIr$ IHWre®LEIWERWraHIW • re [R ETI IR W L7i m re W 113 W ALE EII lH W LH W RI W re -LR E31 L5 ECM H1 le Ell LH Er.LEDierg Eu LU al RI RI W [H RI LS ELI LEI RI 111 HI IH W LH 131 Ci3 RI D3 RI RI W RI [H W LE EiI [a 8] 1 gI ID EI]—IH REM RUM RI RI L RI LR W f: :+ IR W U RI I! f iU W EU HI W_ RI ED C8 RI i& f' ': La RI sA :f f' 'f ER HI 03 :11 EU ED 16 LH 0:1 DI re DIreLEI EC LEI B1LE{ EULEI H] BI EI Proposed sign on South Elevation 11 ®rlt®t plot ,EA.131.fetA.R.K, mBURRxxarara au.. ij OflHAllilna d� re 9aaBi8IEIxRRR3x a R111011 En El Ilt.IH1 .tI?131113_:. m m; 1>1is1S15d11II1EMM[9 /II 4: Y is :f I: :f i5 is is a 1lc ii ■ 3 1i HI Sr M f! 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El 6 0 0 0 ti IP 9p 111 H Li] 1 E9 E9 El El 3 3 -111@r2 'ISIM-51D,HE131E1151 iLiLJ 1:Q .9.E1 El F M 13.1E9 El EI.11 M_EI_E9 El El M .A rflIMDMEI@EBDU.1331310133 RI a Ia_171 z i Hi I-11;r i 71 Vt J1iIJiJLJLIjd JLLIU IH H 4i IH J- L_ LI .1.1 t + 0 rff REM I M4M I AMEI[MM11111!UNIIT F £Z b/F 8+ ”Z/L Ob v d1 fl«ii /) LLN N C+y+# u u a 0 440, e 1 12. 1 j MN o a Z E= g n E y x ' I+ 3 Eot =m d Jmd4 E W O 7 T 3 0 C!m C o oM In in 0 0 1 1uJ : A0 t I i I r1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE THIRD AMENDMENT TO THE 223 ANDOVER PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, LLC, A WASHINGTON LIMITED LIABILITY COMPANY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter 18.86 authorize development agreements between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development use and mitigation of real properties; and WHEREAS, the City of Tukwila and South Center WA, LLC entered into a Development Agreement for the 223 Andover Park East Development effective the 19th day of March 2013 (and approved by Ordinance No. 2399 on March 18, 2013); and WHEREAS, the City of Tukwila and South Center WA, LLC entered into the First Amendment to the Development Agreement for the 223 Andover Park East Development effective the 19th day of May 2014 (and approved by Ordinance No. 2438 on May 5, 2014); and WHEREAS, the City of Tukwila and South Center WA, LLC entered into the Second Amendment to the Development Agreement for the 223 Andover Park East Development effective the 24th day of November 2015 (and approved by Ordinance No. 2490 on November 16, 2015); and WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a Third Amendment to the Development Agreement for the 223 Andover Park East Development, a copy of which is attached hereto as Exhibit A; and WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was conducted on the 25th day of March 2019 to take public testimony regarding this Third Amendment to the Development Agreement as proposed; W: Legislative Development\223 APE DA-Third Amendment 3-4-19 NG:bjs Review and analysis by Barbara Saxton Page 1 of 2 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. The Third Amendment to the 223 Andover Park East Development Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized and directed to execute said Third Amendment to Development Agreement on behalf of the City of Tukwila. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A: Third Amendment to Development Agreement by and between the City of Tukwila and South Center WA, LLC for the 223 Andover Park East Development W: Legislative Development\223 APE DA-Third Amendment 3-4-19 NG:bjs Review and analysis by Barbara Saxton Page 2 of 2 14 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND SOUTH CENTER WA, LLC FOR THE 223 ANDOVER PARK EAST DEVELOPMENT THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (the "Third Amendment") is made and entered into this day of April 2019, by and between the CITY OF TUKWILA ("City"), a non -charter, optional code Washington municipal corporation, and SOUTH CENTER WA, LLC, a Washington limited liability company ("Developer"). I. RECITALS WHEREAS, the City of Tukwila and South Center WA, LLC entered into a Development Agreement for the 223 Andover Park East Development effective the 19th day of March, 2013, and approved by Ordinance No. 2399; and WHEREAS, the City of Tukwila and South Center WA, LLC entered into the First Amendment to the Development Agreement for the 223 Andover Park East Development effective the 19th day of May 2014 and approved by Ordinance No. 2438; and WHEREAS, the City of Tukwila and South Center WA, LLC entered into the Second Amendment to the Development Agreement for the 223 Andover Park East Development effective the 24th day of November 2015 and approved by Ordinance No. 2490; and WHEREAS, Developer has completed construction of the project and received a certificate of occupancy; and WHEREAS, the First Amendment to the Development Agreement stipulated a maximum of two wall signs with a maximum area of 500 square feet each which have been approved by the City and installed on the building; and WHEREAS, Developer has requested another amendment to the development standards provisions listed under section 4.2 of the Development Agreement in order to add additional signage to the structure; and WHEREAS, the project is a pioneer in the effort to establish the Southcenter District as a residential neighborhood and advertising the availability of apartments will help to realize that goal; and 1 15 WHEREAS, due to the benefits as described in the Development Agreement the City desires the proposed development to proceed; and WHEREAS, as required pursuant to TMC 18.86.050 the City conducted a public hearing on the 25th day of March 2019 to take testimony regarding this Third Amendment to the Development Agreement; and WHEREAS, the City Council, pursuant to City Ordinance No. approved this Third Amendment to the Development Agreement as proposed and authorized execution of this Third Amendment to the Development Agreement; and WHEREAS, the Parties desire to enter into this Third Amendment to the Development Agreement upon the terms and conditions as set forth herein, NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and the Developer, the Parties hereby agree as follows: II. AGREEMENT 1. Signage: Section 4.2 of the Development Agreement is hereby amended to add XX wall signs to the previous sign allowance. Additional wall sign(s): 21 May be up to XX square feet; and 121 May (not) extend above the parapets of the walls on which they are attached; and Are limited to the copy "XX"; and fill Must be removed within XX years of the effective date of this Amendment. gi Removal to be guaranteed by a bond or cash assignment of $50,000 to be received by the City prior to issuance of the sign permits. The remaining requirements of Section 4.2 remain in full force and effect. 2. This Third Amendment shall be recorded against the Property as a covenant running with the land. 3. Except as amended herein, the terms and provisions of the Development Agreement remain in full force and effect. 2 16 IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWILA, a Washington municipal corporation By: Allan Ekberg Its: Mayor Date: ATTEST/AUTHENTICATED: APPROVED AS TO FORM: Christy O'Flaherty, MMC, City Clerk City Attorney SOUTH CENTER WA, LLC, a Washington limited liability company By: Omar Lee Its: Manager Date: 3 17 STATE OF WASHINGTON ) )ss COUNTY OF On , 20 , before me, the undersigned, a Notary Public, personally appeared ALLAN EKBERG, personally known to me (or proved to me on the basis of satisfactory evidence) as the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF TUKWILA, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON ) )ss COUNTY OF On , 20 , before me, the undersigned, a Notary Public, personally appeared OMAR LEE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, as MANAGER OF SOUTH CENTER WA, LLC, and that by his signature on the instrument the entity upon behalf of which he acted, executed the instrument. WITNESS my hand and official seal. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 4 18 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes February 12, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: Nora Gierloff, Ryan Larsen, Brandon Miles, Laurel Humphrey Guests: Christine Lee, Omar Lee, Caleb Lee CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. I. PRESENTATIONS II. BUSINESS AGENDA A. Lodging Tax Funding Agreement: Museum of Flight Staff is seeking Council approval of an agreement with the Museum of Flight for $100,000 in lodging tax funding. Funds will be used to support marketing and events for the Smithsonian's 2019 traveling exhibit, "Destination Moon - The Apollo 11 Mission." The City's Lodging Tax Advisory Committee and City Council have already approved the application, but the contract must be approved in a separate step as it is over the $40,000 Administration signing authority. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 19, 2019 REGULAR CONSENT AGENDA. B. Request for Development Agreement Amendment - Airmark Apartments The owners of the Airmark Apartments/Hotel Interurban at 223 and 229 Andover Park East have requested a third amendment to their development agreement to allow additional signage to better promote the apartment living opportunity in the building. The proposed signage is twice *the size of the signs approved in the existing development agreement, over six times larger than allowed in the code, and would be placed above the top of the building parapet, which is also not permitted in the current sign code. Planning staff met with the owners to come up with solutions as outlined in the memo. Economic Development staff are also offering marketing and promotion support. Committee members discussed the request and acknowledged that the sign code did not anticipate high rise buildings in the urban center and so advocated finding a solution in this case. The Committee directed staff to return with additional options regarding a temporary sign provision in the development agreement. RETURN TO COMMITTEE. 19 20 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development & Neighborhoods Committee FROM: Rick Still, Parks & Recreation Director By: Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: March 6, 2019 SUBJECT: CFT Grant Application for Property Acquisition on S. 116th Street ISSUE Seeking permission to apply for King County Conservation Futures Trust Tax Levy (CFT) grant funding to purchase property on South 116th Street along the Duwamish River. BACKGROUND In 2018, City staff sought Council Committee permission to apply for two separate grants to fund the purchase of this property. The first meeting was February 26, 2018 for a CFT Grant and then again on April 17, 2018 for a Recreation Conservation Office (RCO) grant. From those efforts, this project was awarded 50% funding from the 2018 CFT program, a total of $335,000. The second grant application, RCO was submitted for the remaining 50% match for acquisition and additional funds for the design and development of a passive use park at that site in the Duwamish neighborhood. The determination on whether this grant will be awarded funds will not be known until April 2019. Since applying for the RCO grant, City staff learned that the RCO grant program may not be fully funded so staff are pursuing an alternate back-up option. This option is the 2019 CFT grant program. That being said, if the Governor's budget is passed as he proposed, then the RCO grant program would be fully funded and this project would receive funding. If the RCO grant program ends up awarding the project, we would recommend accepting that grant as it includes additional funds for design and development whereas the CFT funds may only be used for acquisition. The King County Salmon Recovery Manager and the King County Lower Green River Basin Steward have been working with the Tukwila Public Works Department on identifying property along the Green River to acquire for Chinook Salmon Habitat. The current property owner approached this group of people to share his excitement of having his property meet riverbank restoration needs and to provide recreational opportunities for the community. The property under consideration for acquisition is located on S. 116th Street, identified in the accompanying documents, is nearly one acre, has 160 feet of waterfront and is adjacent to the 21 INFORMATIONAL MEMO Page 2 Green River Trail. This property is located in close proximity to major capital investments for habitat improvements from North Winds Weir to Codiga Park. The property, being on the south side of the river, is in a key location to reduce heat retention with current and future trees providing shade on the water. The property is also prime for noxious weed removal and the addition of native plans for habitat restoration, stewardship and protection. The acquisition of this property is one more piece of the complex puzzle that builds upon the investments already in place for Chinook Salmon recovery. The location of the property also provides great recreational opportunity for a park deficient area of Tukwila. It has potential to increase access to and use of a regional trail system by providing a respite area or trail head for recreational and commuter trail users. The purchase of this property meets several of the recommendations in the City Council adopted 2014 Parks, Recreation and Open Space (PROS) Plan: increase access to walking and biking, add places for social gathering and increase access to forests and the river. Additionally, the property aligns with the Green Tukwila initiative adopted by City Council March 2017. DISCUSSION The purpose of this memorandum is to seek permission to apply for King County Conservation Futures Trust Tax Levy (CFT) for the acquisition of property on South 116th Street along the Duwamish River and adjacent to the Green River Trail. The application was due March 6, 2019. If the City were to be awarded funds from the 2019 CFT grant program, these funds would serve as the remaining 50% match, and when paired with he 2018 CFT funds already awarded to the City, would cover the entire expense of the property acquisition. FINANCIAL IMPACT Below is a table summarizing the financing of this property acquisition, which is 100% grant funded. There is no impact on the general fund for this grant because even staff time and associated fees can be reimbursed by the grant as well. Total Project Amount $670,000 2018 CFT Funds (awarded) $335,000 Funds already awarded, require 50% match 2019 CFT Funds $335,000 Match Waiver* * The 2018 CFT funds required a 50% match. 2019 match-waivered funds could be used as a match to 2018 funds. RECOMMENDATION The Council Committee is being asked to consider permitting staff to apply for CFT grant funding to purchase property on S. 116th Street along the Duwamish River. ATTACHMENTS A. 2019 CFT Grant Application B. Letters of Support C. Location Map D. Site Map 22 Z:ICouncil Agenda Items\Parks and Recreation13-12-19 CDN PACKET- CFT Grant 116th1MEMO - CFT Grant Application for S 116th St (3-6-19) - FINAL.doc King County Conservation Futures CONSERVATION FUTURES TAX LEVY (CFT) APPLICATION FOR 2020 FUNDS Project Name: City of Tukwila Applicant Jurisdiction: City of Tukwila If applicable, Open Space System Name: Duwamish River Habitat Corridor (Only if applicable, the name of a larger connected system, such as Cedar River Greenway, Mountains to Sound, a Regional Trail, etc.) Proposed Project Acreage: 0.93 acre (Identify the acreage targeted under this year's funding request) CFT Funding Request: $335,000 (Dollar amount of CFT award requested) Total Project Acreage: 0.93 acre (Estimate total acreage at project completion for multi year projects) KC PL Funding Request: NA (King County Projects Only: Dollar amount of KC Parks Levy requested) Type of Acquisition(s): r Fee Title • Conservation Easement ■ Other: King County Council District in which project is located': 8 CONTACT INFORMATION Contact Name: Rick Still Phone: 206-767-2344 Title: Director of Tukwila Parks and Recreation Email: rick.still@tukwilawa.gov Address: 12424 42nd Ave S, Tukwila, WA 98168 Date: February 28, 2019 SECTION 1. PROJECT SUMMARY In the space below, provide a brief description of the project. Please reference how the targeted parcels are significant individually, and (if relevant) as part of a larger open space system, reach, or watershed. We have an opportunity, if we act now, to acquire a unique property of high conservation value that was planned for development in the underserved community of Tukwila. This parcel is roughly one acre and is bordered by both the Duwamish River and the Green River Bike Trail. The owner approached the City of Tukwila and WRIA 9 requesting that the appropriate agency purchase his property, in hopes that it would be restored and utilized for conservation and passive recreation purposes. The City, as project proponent proposes to work with WRIA 9 and other interested stakeholders to create a passive urban greenspace that can provide habitat benefits to salmon and wildlife while providing educational and recreational benefits and enhanced quality of life to the community. The property has 160 feet of prime Duwamish River shoreline with numerous large fir and deciduous trees along the shoreline and throughout the property. Birds, fish and mammals are commonly seen here. This parcel in conjunction with other properties and restoration projects along the river, including CFT-funded Duwamish Gardens and Chinook Wind, will enhance the riparian buffer and add significant value to the salmon recovery work along the Duwamish River corridor. The parcel is in the Tukwila neighborhood of Duwamish, which like much of the region, is being confronted with the pressures of housing development. New homes have been constructed across the street and upriver and are planned for this site as well. As the greater Seattle inexorably expands, these prime lots along the river will be developed. At 40,000 square feet, this is the largest riverfront residential parcel in the Duwamish neighborhood. We have a rare opportunity to create a significant habitat restoration and public access project that benefits the K• ing County Council District information here: https://www.kingcounty.aov/council/councilmembers/find district.aspx Application — Page 1 23 neighborhood and trail users, and strengthens the greenbelt being formed between Codiga Park upstream and North Winds Weir downstream. Application — Page 2 24 SECTION 2. OPEN SPACE RESOURCES Before answering Sections 2 & 3, please review "King County Conservation Futures (CFT) Application Evaluation Criteria." Please mark the checkbox for each criterion that applies to the parcels that are current funding targets. Then briefly describe in the space below how the proposed acquisition satisfies each marked criterion. Consider, if applicable, both the landscape and individual parcel level. ❑ A. Wildlife habitat or rare plant reserve F. Urban passive -use natural area/greenbelt B. Salmon habitat and aquatic resources ® G. Park/open space or natural corridor addition ® C. Scenic resources ❑ D. Community separator ❑ E. Historic/cultural resources ® H. Passive recreation opportunity/unmet needs ❑ I. Equity/opportunity area projects that seek to redress historic disparities in access to open space B. Salmon habitat and aquatic resources This parcel of nearly an acre has 160 feet of waterfront on the Duwamish River. The shoreline and rest of the property have numerous, mature second growth fir along with deciduous trees that provide both shade to the river and habitat for salmon, bald eagles and various other bird species and mammals. When combined with neighboring parcels nearly 450 feet of shoreline will remain in a natural state. In conjunction with nearby Duwamish Gardens and Duwamish Hill Preserve this will be a valuable addition to support the City's open space and recreation goals and salmon habitat restoration efforts. C. Scenic Resources This property offers views of the Duwamish River, and across the river, Duwamish Hill Preserve, a park whose namesake is a geologically -unique formation rising above the surrounding river valley and characterized by a rare Madrona-Fir rocky bald, more typical of the San Juan Islands than the Duwamish River Valley. The plan for a community passive park\urban greenspace with educational trails leading to the river would both protect and provide these unique views to both this underserved community and the bikers and walkers enjoying the Green River Trail. If developed as planned these views will only be available to the eventual home owners. F. Urban Passive -use Natural Area\Greenbelt There are virtually no undeveloped waterfront properties along the Duwamish River. From Elliott Bay in Seattle, through Tukwila, and up to Kent and Auburn, the Green/Duwamish River runs through adjacent industrial, commercial and residential uses. Opportunities for converting riverfront properties from one of these uses to habitat doesn't come often. Nestled in this river -oriented neighborhood, and adjacent to a major regional trail, this site has excellent potential as a neighborhood passive -use park with regional exposure, providing excellent educational opportunities to visitors, which in turn, will help gain support for habitat restoration and salmon recovery efforts G. Park, Open Space, or Natural Corridor Addition This parcel has significant forest cover, much of which will be lost if developed as planned. New, large homes have been constructed across the street. As Seattle inexorably expands these prime lots along the river will be developed. This is a unique opportunity to acquire a riparian buffer that is on the verge of development. This property, in conjunction with the parcels to the west provide -450 feet of forested riverbank. Acquiring this parcel will strengthen the Duwamish River greenbelt that has been forming over the last 20 years or so. The site is about 600 feet or so upstream of Duwamish Gardens, on the opposite bank. The Duwamish River greenbelt also includes Duwamish Hill Preserve right across the river, the in -progress Chinook Wind project, North Winds Weir and Cecil Moses Park downstream and Codiga Park upstream, all of which are primarily habitat restoration and passive -use oriented. This site would significantly enhance the salmon recovery corridor and contribute to the conservation of local open space. Application — Page 3 25 H. Passive Recreation Opportunity In Area With Unmet Needs The City of Tukwila adopted their Parks, Recreation, and Open Space (PROS) Plan in 2014. The needs assessment section of the plan states, "River access includes all of the places where people can physically access or view the river, including boat launches and docks, water access points and fishing areas. Tukwila residents have a strong connection with the Green/Duwamish River and desire expanded choices to access and enjoy the river." Among the Plan's many recommendations relating to Passive Recreation is "Increase access to forests and the river." Currently, there are no passive recreation opportunities within this portion of Duwamish, which lies between the left bank of the Duwamish River and the East Marginal Way South/SR 599 transportation corridor. The nearest parks, Duwamish Gardens and Duwamish Park can be accessed by crossing the river on one of two bridges in the community. Acquiring this parcel will provide these residents with a nearby public passive recreation area. Application — Page 4 26 SECTION 3. ADDITIONAL FACTORS Please mark the checkbox for each criterion that applies to the parcels that are the current funding targets. Then briefly describe in the space below how the proposed acquisition satisfies each marked criterion. ® A. Educational/interpretive opportunity B. Threat of loss of open space resources ® C. Feasibility: Ownership complexity/willing seller(s)/community support D. Describe any public or private partnerships that will enhance this project ❑ E. Is the property identified in an adopted park, open space, comprehensive, or community plan? ❑ F. Transferable Development Rights (TDR) participation ►Z� ►Z� A. Educational/interpretive opportunity As this property borders the Green River Bike Trail it will provide excellent opportunities for educational messages, such as those that relate to clean river initiatives, salmon habitat restoration, cultural history, etc. Otherwise, much of the community may not learn about the work that has been done at Duwamish Hill Preserve, North Winds Weir or Duwamish Gardens. Thousands from outside the local community will come directly in contact with this greenspace due to its location adjacent to the trail. This site provides a great opportunity to compliment the educational stories and graphics found at other locations. B. Threat of loss of open space resources This parcel was ready to be developed in 2008. It was permitted to build 9 cottage style homes with paved vehicular access areas, and detached garages for 14 vehicles. When the economic recession hit that year, the project was postponed. We are working with the owner to acquire this parcel before development proceeds in 2020. C. Feasibility: Ownership Complexity/Willing Seller/Community 1 property (formerly 2 parcels) fee simple. The owner is a willing seller and the local community, the City of Tukwila, and WRIA 9 and a variety of environmental and recreational organizations are in support of the plan to create an urban greenspace here. D. Partnerships The City of Tukwila is among the Green/Duwamish River jurisdictions represented at the WRIA 9 forum. The City and WRIA 9 will collaborate on this project during acquisition, funding, design and development of this project. In addition, the owner has spoken with numerous organizations who are excited about the opportunity and have pledged volunteer hours and potentially financial support. This includes but is not limited to the Duwamish River Cleanup Coalition, Cascade Bicycle Club, Husky Cycling, Cyclists of Greater Seattle, The Boeing Company and Muckleshoot tribe. Others are being contacted. The current owner also has the support of both an architecture and a landscape architectural firm that can provide some pro-bono planning work, if desired. Application — Page 5 27 SECTION 4. PARCEL DETAILS A. Please provide information about the parcels that are current and future funding targets. i. Parcels that are Current Funding Targets - i.e., those parcels which would be acquired with requested funding, shown in red on your maps. Find this information on Assessor's Report/Property Details accessed through King County iMAP (https://gismaps.kingcounty.gov/iMap/). Add more rows if needed. Parcel Number (do not use hyphen, e.g., 1234567890) Acreage Zoning2 Assessor's "Appraised Land Values3 Assessor's "Appraised Improvements Value" Estimated Cost to Purchase Desired Property Interest Property Interest Sought (fee, easement, or TBD) 0733000225 .93 LDR $398,000 $0 $600,000 FEE ii. Future Funding Targets - i.e., those parcels shown in yellow on your maps. Please list the parcel numbers here (no additional information needed): Parcel #073300025 B. How did you estimate the cost to purchase parcels? (e.g., appraisal, estimate from assessor's values, etc). Estimated purchase price was based on real estate estimates and assessed property values for surrounding areas. An appraisal will be conducted for final evaluation of the property. C. Are any parcels are enrolled in the Current Use Taxation program (a voluntary conservation program)? No SECTION 5. PROPERTY USE, STEWARDSHIP, AND MAINTENANCE A. What is the intended future use of the property (e.g., passive recreation, habitat restoration, timber management, agricultural production)? Will this land be available for public use? Shoreline/riparian vegetation restoration and protection, removal of invasive weeds and rehabilitation and enhancements of riparian and upland vegetation, passive open space and parkland with informational/interpretive signage, place for hikers and bikers to rest along the regional trail, water and nearby scenic viewing, seating, and bike parking facilities. B. How will the property be stewarded and maintained, and using what funding? Does the property lend itself to volunteer stewardship opportunities or community participation? The City of Tukwila Parks and Recreation Department will lead the maintenance responsibilities of the site, providing routine maintenance of user facilities such as garbage removal, use area cleanup, and maintenance of trails and site furnishings such as bike racks, signs and benches. The City would rely on volunteer support from the community, as it does with other open spaces within the Green Tukwila Partnership. In fact, the property does lend itself to volunteer stewardship. The local community has been very involved in neighborhood issues and is very supportive of this plan. In addition, the owner has spoken with numerous organizations that are enthused about the opportunity and have pledged volunteer and potentially provide financial support. This includes Forterra, Duwamish River Cleanup Coalition, Cascade Bicycle Club, Husky 2 Please explain what the zoning designation means if you don't think it would be evident to the committee. 3 Parcels enrolled in Current Use Taxation for "Forestry" may not have a valid "appraised land value" or acreage. Application — Page 6 28 Cycling, Cyclists of Greater Seattle, The Boeing Company, Muckleshoot tribe. Conversations with additional organizations are ongoing. C. What are the biggest challenges you anticipate in managing this site? We anticipate the initial greatest challenge will be gaining funding for development of this site, otherwise it will be maintained at a level similarly to other open space parks. D. Will you be purchasing and demolishing any structures on the target parcel(s)? Explain why this is necessary. Currently, there are no plans to demolish existing structures on the target parcel. Should the City receive grant funding, the demolition of structures located on the property is foreseeable, in hopes to create open space for passive recreational activities as well as preserving the land from future urban development. E. Do you intend to reserve any part of the site for non-CFT-eligible activities, such as more intensive recreation or retaining a structure on a fee purchase? (Funds used for that purchase can't count as CFT match.) No Application — Page 7 29 SECTION 6. PROJECT BUDGET Please provide budget information for the parcels that are the current funding targets. FUNDING REQUEST REQUESTED AMOUNT CFT Funding Request KC Parks Levy (PL) Request (for county projects only) Total Funding Request TOTAL CFT PROJECT COSTS $335,000 $TBD $335,000 PROJECT COSTS ESTIMATED DOLLAR AMOUNT OR RANGE Total property interest value $600,000 Title and appraisal work $20,000 Closing, fees, taxes $25,000 Relocation costs $0 Hazardous waste reports $0 Directly related staff, administration and legal costs $25,000 Only if applicable: Value of land used as match' NA Total Estimated Project Costs $670,000 FUNDING/MATCH TABLE Please document the sources of match that you have secured, or intend to seek, towards the parcels that are the current funding targets. If you don't yet have match secured, please note how you plan to obtain it. If you seek a match waiver (based on equity/opportunity area determination), please write "Match Waiver Requested" in table below and complete Supplemental Form #1: Equity/Opportunity Area Determination. CFT FUNDING Date Funding Secured Dollar Amount CFT Funding Request Match Waiver Requested Match Waiver Requested Past CFT Funding Available (i.e., funds remaining from past awards, to be spent on current target parcels) 2018 $335,000 MATCH FUNDING SECURED Sources/Status: Date Funding Secured Dollar Amount MATCH FUNDING STILL SOUGHT Sources/ Plan to obtain match?: Date Funding Anticipated Dollar Amount ' If you are providing cash match, ignore this instruction. If your match consists of a land trade or the cash value of recent open space purchases, please reflect the match property's estimated value in the "Value of land used as match" row. Your "Total Estimated Project Costs" will include this match property's estimated value. Application — Page 8 30 SECTION 7. BOND FUNDING POTENTIAL (SPECIAL SECTION FOR 2019) Projects applying in 2019 may be able to qualify for bond -backed Conservation Futures funds, in addition to annual awards. Criteria A through D below are factors that may make projects most competitive for bond funding. Mark the checkbox for each criterion that applies to the parcels that are the current funding targets, and briefly describe in the space below how the proposed acquisition satisfies each marked criterion. Please note, if necessary, whether certain parcels in your scope meet the criteria, but other parcels in your scope do not. N A. Acquisition can occur in late 2019 or soon thereafter B. Transaction is highly likely to be successful C. Match is secured ® D. Property acquired in fee will not be leased or sold for private benefit (i.e., leased to a private party or surplused. Note that acquisition of conservation easements, TDR easements, farm covenants where underlying fee remains in private ownership is generally acceptable.) A. Acquisition can occur in late 2019 The seller needs this project to close by December 2019, so we are working together to ensure the transaction will occur as soon as funds are available. B. Transaction is highly likely to be successful The seller is very interested in preserving the property as open space for public use by selling it to the City. C. Match is secured 2018 CFT funds were awarded for this project with a 50 percent match requirement. 2019 match-waivered funds could be used as a match to 2018 funds. D. Property acquired in fee will not be leased or sold The property will be owned by the City of Tukwila and preserved as open space for public use, with no leases or restrictions on public access planned. Application — Page 9 31 32 SUPPLEMENTAL FORM #1: EQUITY/OPPORTUNITY AREA DETERMINATION Guidance for Applicant Complete this supplemental form only if you seek a determination of whether your project is in an equity/ opportunity area. Please thoroughly review the guidance on this page to determine whether your project may qualify. Mandatory: Contact CFT Program Coordinator to receive a data report on how the target parcel(s) meet certain criteria. Complete this form using the data report, but also feel free to share additional relevant information to make the case that your project is in an equity/opportunity area. Key Information on Equity/Opportunity Areas and Match Waivers This program is intended to apply to projects that would provide open space in the most underserved parts of the county, where past history of inequities, discrimination, and limited regional investment — including investment in open space — is evident today. The program is intended to help eliminate disparities in access to public open spaces and trails in communities with the greatest and most acute needs. Properties that are determined by the CFT Committee to be in an equity/opportunity area may qualify for a match waiver if the project is awarded CFT funds (a match waiver means that CFT could fund 100% of the eligible acquisition costs). Determination that a project is in an equity/opportunity area and qualifies for match waiver does not mean that the project would receive CFT funding. The Committee's funding recommendation will be based on further evaluation of the project's merits. King County Council makes final funding determination. There are two different methods to establish whether the project qualifies as being in an equity/opportunity area (based on King County Code 26.12.003.E), and thereby may be eligible to receive CFT funding for the entire project cost without providing match dollars. Method #1 (evaluated in Question 1 below in this supplemental form) The project meets all three of the following specified criteria: A. "areas located in a census tract in which the median household income is in the lowest one-third for median household income for census tracts in King County; B. "areas located in a census tract in which hospitalization rates for asthma, diabetes, and heart disease are in the highest one-third for census tracts in King County; and C. "for areas within the Urban Growth Boundary, [that] do not have a publicly owned and accessible park within one -quarter mile of a residence, or for areas outside the Urban Growth Boundary[,] that do not have a publicly owned and accessible park within two miles of a residence." Method #2 (evaluated in Question 2 in this supplemental form) If the project does not qualify under Method #1, it may qualify if: "the project proponent or proponents can demonstrate, and the citizen oversight committee determines, that residents living in the area experience disproportionately limited access to public open spaces as well as demonstrated hardships such as, but not limited to, chronic low incomes, persistent poor health, or high rates of utilization of free and reduced price school meals." Equity/Opportunity Area proposals should have engagement and collaboration with community -based organizations and/or members of the community. Collaboration can be demonstrated through at least two letters of support and a description of community outreach held to date, or planned in the future. Proposals that demonstrate community support will be prioritized higher than those without demonstrated support. 33 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued Question 1. If a project meets all three of the criteria below, then it qualifies as being in an equity/opportunity area and is eligible for a match waiver if project is recommended for CFT funding. Please indicate "yes" or "no" to each criterion below, and briefly describe how it meets that criterion (e.g., "this site's census tract is in the 28th percentile of census tracts for income'). Does Project Meet These Criteria? Yes No 1A. Located in a census tract in which the median household income is in the lowest one- third for median household income for census tracts in King County? , • Describe: 39 percent of households are at or below 200 percent of the Federal Poverty Line, making the median household income falls under 21 st percentile of all King County census tracts. 1B. Located in a census tract in which hospitalization rates for asthma, diabetes, and heart disease are in the highest one-third for census tracts in King County? • Describe: Hospitalization rate for asthma, diabetes, and heart disease is within the 89th percentile of all King County census tracts 1C. For areas within the Urban Growth Boundary, that do not have a publicly owned and accessible park/open space within one -quarter mile of a residence, or for areas outside the Urban Growth Boundary, that do not have a publicly owned and accessible park/open space within two miles of a residence. Describe (noting specifically what is the nearest open space & how far away it is): The Parcel is adjacent to the Green River Trail, located 0.05 miles south as the crow files of the Duwamish Hill Preserve (City of Tukwila) as well as the Duwamish Park, which is located 0.27 miles west as the crow flies from the Parcel. Supplemental Form #2 — Page 2 34 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued Instructions If you answered "Yes" to all three criteria in Question 1, please skip Question 2 — go on to Questions 3 & 4. If you answered "No" to one or more of the criteria in Question 1, please answer Questions 2-4. Question 2. If a project does not meet all three of the criteria in Question 1, the CFT Committee may determine that projects qualify as being located in an equity/opportunity area if the project proponent can demonstrate limited open space access as well as other demonstrated hardships. Please share relevant information below. 2A. OPEN SPACE ACCESS. Do residents living in the area experience disproportionately limited access to public open spaces? (e.g. a freeway, major arterial, or river prevents access to nearby open spaces; the nearest open space is 'Y2 mile away; etc) Residents in this area fall in the 56th percentile of experiencing disproportionately limited access to public open spaces, indicating a moderate level of open space and parks per capita. The Parcel runs adjacent to the Green River, a limiting factor to allowing residents access to local parks. It is important to consider that this area falls in the 34th percentile for its residents to have access to available tree cover and vegetation, suggesting that only 17% of residents are provided the benefit of accessible tree cover when approaching the Parcel. 2B. INCOME/ECONOMIC INFORMATION. You already reported on income data in Question 1 A. Is there additional income information for the immediate area that the committee should consider? (e.g. federal poverty level, rate of utilization of free and reduced price school meals) A significant percentage of the population falls under the age of 5 years. This area in particular rests in the 85th percentile, implying that only 8 percent of its population is above the age of 5 years old. Should the City acquire grant funding, future plans for utilizing the Parcel for passive recreational activity and open space would provide valuable opportunities for local youth to engage in physical activity, community engagement, and potential stewardship endeavors. Another consideration would be the level of cultural and ethnic diversity of the local population. 46 percent of the population happens to be people of color, while 79 percent of elementary students in this area utilize free and reduced priced school meals, and the quantity of limited -English-speaking households falls under the 86th percentile which indicates a higher level of limited -English-speaking households. This population is presented with an unfortunate economic disadvantage that would significantly benefit from the presence of a local open space to be used for passive recreational activity. 2C. HEALTH. You already reported on health data in Question IB. Is there additional health information for the immediate area that the committee should consider? The population currently has an average life expectancy of 79.4 years, which is indicative of a lower level of life expectancy. The potential health benefits presented by access to open spaces, could have an overall positive effect on facilitating an increase in life expectancy through the opportunities provided by passive recreational activities. Youth of this population receiving free and reduced lunch benefits should be considered for the potential lack of proper nutrition and access to healthy foods, as they represent 92 percent of the overall population of this area. Supplemental Form #2 — Page 3 35 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued 2D. SOCIAL/DEMOGRAPHIC. Is there social or demographic information the Committee should consider? (e.g. % of population under 5; racial diversity; average life expectancy; diversity of languages spoken) A significant percentage of the population falls under the age of 5 years old, at 92 percent. This area is strongly diverse, where 46 percent of the population identify as being of a race and/or ethnicity other than white alone. Not only is nearly half of the population racially diverse, but individuals of this are also ethnically diverse. This diversity is measured by the percentage of limited -English-speaking households. The population in this area falls under the 86th percentile, suggesting that a large number of the population speaks less than very well English. 2E. Please briefly note any other information the Committee should consider, beyond what you presented above. Acquisition of this Parcel facilitated by funds supported through the Grant would provide this community with opportunities they may not otherwise be presented with or have access to outside of those delivered by the City of Tukwila. The benefits this community and its population would consume are likely to increase social inclusion, cultural and ethnic engagement opportunities, increased health and wellness, as well as overall increased support within the community. Question 3. Please describe your community engagement and collaboration with community -based organizations and/or members of the community. Please provide at least two letters of support. If you have not engaged in such outreach, please describe your planned community outreach. The City of Tukwila intends on offering community volunteer opportunities, similar to existing plans in other open spaces within the Green Tukwila Partnership. The owner of the parcel has spoken with the community, whom show generous support for the potential acquisition and their willingness to participate through providing volunteer hours and even potentially offering financial support. Should the City gain financial support through this acceptance of this grant, groups such as the Duwamish River Cleanup Coalition, Cascade Bicycle Club, Husky Cycling, Cyclists of Greater Seattle, The Boeing Company and Muckleshoot Tribe have shown a desire to contribute to the maintenance and support of this open space. Question 4. If the Committee determines that this project does not qualify as being in an equity/opportunity area, the Committee will need to know whether you still want to be awarded CFT funding for up to 50% of project costs, which would require a dollar -for -dollar match. 4A. If you do not qualify for a match waiver, do you want to be considered for a CFT award that would require a dollar -for -dollar match? Mark Yes or No. If you mark no, your project will only be recommended for CFT funding if you qualify for a match waiver. Yes No 111 El The seller of the property has the desire to sell to the City. In the instance where the City does not receive this CFT award, the property will otherwise be sold to developers. Having received a CFT match award in 2018, funds awarded in full by means of a 2019 CFT match waiver would be combined to cover the sum -total costs associated with the acquisition of this parcel. Supplemental Form #2 — Page 4 36 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued Instructions If you answered "Yes" to question 4A, please complete questions 4B and 4C. If you answered "No" to question 4A, skip questions 4B and 4C. You are done with this supplemental form.. 4B. If you answered "Yes" above, identify the reduced CFT funding amount you would seek only in the event that you don't qualify for a match waiver. Typically that would represent 50% of your total project cost. $ jsuggested dollar amount' 4C. Describe what your strategy would be to raise the necessary matching fun. Supplemental Form #2 — Page 5 37 38 July 10, 2018 Mike Perfetti City of Tukwila 6300 Southcenter Boulevard Suite 100 Tukwila, WA 98133 Re: Letter of Support for the S116th St at Duwamish River project Dear Mike, As a resident of the Allentown neighborhood and a neighbor to the Duwamish neighborhood I'm very excited to support this project in anyway needed. My wife and our dog all moved to Tukwila in 2006. We soon became active Land Stewards for the Duwamish Hill Preserve just across the Duwamish River from the proposed S. 116th St. site. Thus we have a ton of sweat equity invested in our local watershed and a burning desire to see as much of the Duwamish River and it shoreline preserved, restored, and enjoyed by the neighborhood as possible. This one -acre parcel offers a rare opportunity to create a public passive park along the Duwamish River within the Duwamish neighborhood, where there are currently no parks. It is a relatively large urban residential parcel with several large trees, that if preserved, will continue to provide critically needed shade along the river. This project will help showcase local efforts to restore the river as it is directly accessible from the regional Green River Trail. I support this unique opportunity to acquire this property and return it to public use. Sincerely, Ctit4- Sean Albert 39 To whom it may concern: March 4, 2019 This is to support Tukwila's effort to acquire and develop the Davies riverfront site on my street, S. 116th St., Tukwila WA 98168. I've lived on the Duwamish River for twenty years. I led the neighborhood effort to create the 10-acre Duwamish Hill Preserve, a civic and cultural landmark. The Preserve is across the river from me (and from the Davies site). The reason I'm in support of the Davies proposal is because it gives non-riverfront residents (about a hundred houses) in our tiny Duwamish community direct and immediate access to the river. This is something they've never had before. Under the Davies proposal, they'll be able to directly see and enjoy and experience life on the river — eagles, salmon, ducks -- plus learn about the saltwater wedge, river health/safety, great blue herons, archaeology, and much more, all for the first time. They'll be able to watch the tide, the wildlife, the beauty and wonder and rhythm of life on the river, directly from the shoreline. As life heats up around us, bringing ever more stress, the river brings life back to simple rhythms, a simpler time. Nearby airports, 1-5, 599, and E Marginal Wy S create an ocean of never-ending noise and pollution in our Duwamish neighborhood. Directly across the street is a big sprawling business park. Heavy street traffic, with all the trucks, makes walking to nearby parks difficult and intrusive, especially for families. Duwamish residents would welcome a park within footsteps of their front door, without leaving their neighborhood. They may choose to create a community garden/orchard especially designed for the 21' century (Gardens 21). Or undertake riverfront projects with local non -profits and neighbors. The mature landscaping on this parcel provides clean air, wildlife habitat, shade, and a healthy river. A park offers a place for neighbors to gather. With the way life is going now, knowing your neighbors may prove to be the wealth of the future. I strongly support this valuable Davies addition to our neighborhood. We all look forward to improving the quality of life in our tiny isolated Duwamish community. Georgina Kerr 3836 S 116th St. Tukwila WA 98168 206-444-9695 40 February 27, 2019 Re: S 116th St Duwamish River parcel To whom it may concern, I'm writing to express my support of the Tukwila acquisition and restoration development of the parcel at S. 116th St. in the Tukwila Duwamish neighborhood. This parcel is adjacent to my property, separated only by the public King County Green River bike trail. Not only would this development create a much needed green space and river outlook that could be easily accessed by the local Duwamish neighborhood residents and bike trail users, but more importantly will help contribute to the recovery or the native salmon species that were once abundant on this section of the Duwamish River. The tall, mature fir trees on site provide cooling shade to the river (necessary to healthy salmon) in addition to being part of a complete eco-system for other fauna and insects. The benefits of these trees are substantial, plus they look pretty darn cool! I have seen many osprey, falcons, bald eagles and raccoons among others use these trees. Because this parcel is right on the bike trail it can become a visible demonstration to the public of river restoration efforts and an educational opportunity. Some permanent signage explaining the inter -connected role of plants, animals and river would be most welcome. I hope this property can be acquired soon and developed as a great example of river restoration and for public education and enjoyment. Sincerely, David Shumate 11534 E Marginal Way S Tukwila, WA 98168 41 Letters of Support — S. 116th St Property Acquisition Community Members' Letters of Support for S. 116th St. Property Acquisition I think the pocket park In the Duwamish neighborhood sounds great. I'm for it! MeCanie INedeC Robert Eaton, The idea to build park on riverside Duwamish neighborhood is wonderful. I'm new resident there and I really appreciate this. You have my support. Steve Moutafov Robert, I strongly believe that the addition of a small park along the trail, and also on the Duwamish, would be a dream come true. More folks need access to the river, for both peace of mind, and improved health for the public as well as the local neighborhood. Let's do this! And this location has the added benefit of some considerable historical significance. The Interurban train bridge was built right there. What an amazing local history that we could learn more about. Thanks for your consideration! Frank Reinhardt 3822 So. 116th St. Tukwila, Wa. 98168 Hi, this is Lettie Haggard and I live at 3528 S. 116th St. Next door to the proposed park. I will support a passive park. No picnic shelter or motor boat launch. I have quite a problem with vagabonds and druggies already, at me end of the street. A quiet pocket park is a better option to me than more houses, like the little ghetto across the street from me. I love our city parks, but I don't want people jockeying around with boat trailers etc... Thank you, Lettie Page 1 of 3 42 Letters of Support — S. 116`h St Property Acquisition Hello, I just read about the proposed pocket park. That would be nice! -- especially if it has a picnic table to relax at while taking a break from walking or riding on the trail. There is a small park across the bridge but it's more industrial feeling than this area and is separated (not so easily noticed) from the trail. Man Raunig 12812 E. Marginal Way South Tukwila, WA 98168 Hello Robert, I am writing to give you 100% support for the proposed Riverfront Park at 3540 S. 116th Street. Doug Davies is one of the current owners. In the interest of full disclosure, I live immediately next door, to the East (so I may be biased!). However, I think it would be a great benefit to our neighborhood, and the community as a whole. The only concern most of us would have is that the Park have set access hours - maybe even a gate that can be locked at night (like the Duwamish Riverbend Hill Preserve has). Also, our neighborhood e-mail list was just made aware of this today - with a deadline to respond to you by tomorrow. If there is any possibility of allowing a few more days for responses, it would be great to give more neighbors an opportunity to respond. Thanks very much for considering!! Tom Root (206) 265-2378 (In response to community member Tom Root) Tom, good to get your response. Much appreciated. For those who don't know, Tom lives on the north side of 116th, a few doors down from me. He shares a boundary line with the proposed pocket park. The other 3 boundary lines are the bicycle path, S. 116th St., and the river. I agree with what Tom says. My sentiments exactly. I also like the potential for things like all Duwamish neighbors having river access, being able to create gardens/orchards to feed the neighborhood, bee & bird homes, and other creative neighborhood & nature -oriented endeavors. Thanks Tom. Georgina Page 2 of 3 43 Letters of Support — S. 116`h St Property Acquisition Hello Mr. Eaton, I would like to express my support for the proposed Riverfront Park at S. 116 in Allentown next to the bike path. I live just few blocks away at 11664 S. 144th Ave and believe that any and all neighborhood parks and open space areas are valued assets to the community. Even small pocket parks, especially those that can provide water front access similar to the exceptionally well-done Duwamish Gardens Park, are much needed areas that allow for educational opportunities as well as both passive and active recreation. I hope to see this project move forward and would love to help any anyway that I can to see it come to light. Thank you! Roby Snow, PL5I I LANDSCAPE ARCHITECT I PROJECT MANAGER theLAstudio AT BLUELINE I THELASTUDIO.NET DIRECT 425.250.7276, MAIN 206.204.0507 EXT 206 Good morning Mr. Eaton, I am writing to express my family's support for a proposed pocket park within the riverside Duwamish community. We are long standing residents of this neighborhood and welcome the proposal for a public space within the neighborhood. I believe that bringing a park to this property would be a welcome move and would equalize resident riverfront access. The Interurban trail that runs through our neighborhood is heavily utilized by not only our residents, but also nearby business workers on their lunch breaks. Having a park abutt this trail in our neighborhood would benefit our residents and business community members as well. Tukwila is known for being progressive with public space and park funding, and there are many beautiful spaces within the city limits as a result. However, by comparison to other neighborhoods there are none within our little riverfront borders. We hope the city considers this and takes the opportunity to enhance our neighborhood with this public greenspace. If the property is developed, we likely cannot ever turn the clock back to provide this greenspace. The time is now! Thanks for your consideration. Lenora and Ben Ivanek Page 3 of 3 44 King County iMap The Mlormabn Inducted on this map hes been compiled by Kin County stilt from . variety of sou c.s and **ogled k doings withoutnotioe. Kan, County makes nor.prn.rt.dons or wawa nlbs.*sprees orknpkd..s to accuracy, completeness. timeliness. or 'the to the use of such bforma Son. This document is not Irterdod fon use. • survey product King County NJ not K. ibis for any t.n.nl. special. Indir.ct.indd.nbi. eteensseu.rti.l donates include,. but not limited to. lost nwru.s or lost profits faulting from M. use or misuse of the Irdornubn conbin.d on Nis mop. My sal. of Nis map or Inbrm.hpn on this map h prahbited except by wrkbn permission of King County. Date 3/6/2018 Tukwila C FT: P arcel #07 33000225 L1 King County GIS CENTER 45 Tukwila iMap 3/4/2019 12:02:46 PM Override 1 0 City Limits U Buildings Parcels 1:1,128 o 0.01 0.01 0.02 mi I I ti t 0 0.01 0.02 0.04 km Pictometry International Corp.. Tukwila Technology Services, King County 46 City of Tukwila City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development & Neighborhoods Committee FROM: Rick Still, Parks & Recreation Director By: Robert Eaton, Parks & Recreation Manager CC: Mayor Ekberg DATE: March 6, 2019 SUBJECT: CFT Grant Application for Property Acquisition on S. 146t' Street ISSUE Seeking permission to apply for King County Conservation Futures Trust Tax Levy (CFT) grant funding to purchase property on South 146th Street. BACKGROUND The purpose of this memorandum is to seek permission to apply for King County Conservation Futures Trust Tax Levy (CFT) for the acquisition of property on South 146th Street within the middle of the low-income, renter -occupied Cascade View neighborhood. The application was due March 6, 2019. The property under consideration for acquisition is located on South 146th Street in the Cascade View neighborhood. The City is looking to acquire this property through the assistance of the King County Conservation Futures Trust Tax Levy (CFT). Historically this grant program has required a fifty percent grant match; this year, thanks to King County Executive, Dow Constantine's Land Conservation Initiative (LCI), projects that normally don't meet the grant match requirement may seek a grant match waiver. There are two different methods a project can seek the waiver; both methods have specific criteria, that if a project can meet either method, it may qualify for the grant match waiver. To utilize the first method, all three of the following criteria must be met: 1) "areas located in a census tract in which the median household income is the lowest one- third for median household income for census tracts in King County" 2) "areas located in a census tract in which hospitalization rates for asthma, diabetes, and heart disease are in the highest one-third for census tracts in King County 3) "for areas within the Urban growth Boundary, [that] do not have a publicly owned and accessible park within one -quarter mile of a residence, or for areas outside the Urban Growth Boundary [,] that do not have a publicly owned and accessible park within two miles of residence". Due to the physical proximity of Cascade View Park to the 146th Parcel, the third criteria are not met. However, the second method allows that if project does not qualify under the first method, it may for the second if, "the project proponent or proponents can demonstrate, and the citizen oversight committee determines, that residents living in the area experience disproportionately 47 INFORMATIONAL MEMO Page 2 limited access to public open spaces as well as demonstrated hardships such as, but not limited to, chronic low incomes, persistent poor health, or high rates of utilization of free and reduced price school meals". Based on a data report provided by King County, City staff believe that this parcel meets the particular criteria of method two and have applied for the grant on that basis. DISCUSSION The purchase of this property meets several of the recommendations in the City Council adopted 2014 Parks, Recreation and open Spaces (PROS) Plan: walking and biking, social gathering, unstructured play, and communications and partnerships. Not only are many of the recommendations in the PROS Plan met through the acquisition of this project, but each goal within the PROS Plan would also be achieved through the purchase of this property — convenient and connected system, sense of community, opportunities for all, inviting and affordable, and healthy people and places. The application deadline for the CFT grant program was March 6, 2019; historically this program has required a 50% match. The City is optimistic that this project will qualify to have the match requirement waived via the second method mentioned above and will receive full financial support through the CFT award. The current property owners, have been a great partner to work with so far and have expressed their desire to sell this property to the city, thereby preserving it as open space to help meet the recreational needs of the community. That being said, they have also communicated the need to sell and thereby set a deadline for closure on the sale by December 2019. Should the City not be awarded the grant funds prior to the deadline established by the owner, it is likely they will proceed with selling the property to a developer. FINANCIAL IMPACT The grant application budget is for full project funding, seeking a waiver from the normal 50% grant match requirement. Therefore, the grant request is for $570,000. There is no impact on the general fund for this grant. If awarded, staff time and fees can also be reimbursed by the grant as well. RECOMMENDATION City staff are seeking to confirm council's support of the grant application for this project. ATTACHMENTS A. CFT Grant Application B. Letters of Support C. Location Map D. Site Map 48 ZTCounal Agenda Items1Parks and Recreation 3-12-19 CDN PACKET - CFT Grant 146th1MEMO - CFT Grant Application fa 146th Parcel (36-19) - FINAL.docx IKing County Conservation Futures CONSERVATION FUTURES TAX LEVY (CFT) APPLICATION FOR 2020 FUNDS Project Name: 146th Street Mini Park Applicant Jurisdiction: City of Tukwila If applicable, Open Space System Name: Tukwila Parks (Only if applicable, the name of a larger connected system, such as Cedar River Greenway, Mountains to Sound, a Regional Trail, etc.) Proposed Project Acreage: 0.46 (Identify the acreage targeted under this year's funding request) CFT Funding Request: $570,000 (Dollar amount of CFT award requested) Total Project Acreage: 0.46 (Estimate total acreage at project completion for multi year projects) KC PL Funding Request: $0 (King County Projects Only: Dollar amount of KC Parks Levy requested) Type of Acquisition(s): Fee Title • Conservation Easement ■ Other: King County Council District in which project is located: 8 CONTACT INFORMATION Contact Name: Robert Eaton Phone: 206.767.2332 Title: Parks & Recreation Manager Email: Robert.Eaton@tukwilaWA.gov Address: 12424 42nd Ave S, Tukwila, WA 98168 Date: February 25, 2019 SECTION 1. PROJECT SUMMARY In the space below, provide a brief description of the project. Please reference how the targeted parcels are significant individually, and (if relevant) as part of a larger open space system, reach, or watershed The City of Tukwila seeks to redress historic disparities in access to open space by creating a new park for passive recreation for the Cascade View neighborhood, the City's most underserved neighborhood. Barbed wire fence currently restricts public access to a grassy, vacant 0.46-acre property with a grove of mature conifers in a dense urban area significantly lacking tree canopy coverage and safe accessible public open space. The future 146th street park is located in the middle of a low income, renter -occupied neighborhood where 49% of residents are below the 200% of federal poverty level, and 85% of its school -age children are enrolled in the federal program for free or reduced price school meals. 60% of the community's residents are people of color, many of them are linguistically isolated immigrant and refugees, who rank near the top of King County (89`1 percentile) for hospitalization rates for asthma, diabetes, and cardiovascular disease. The property is surrounded by three large apartment buildings where tenants whose children have no place to safely play, are using parking lots and hallways, which has resulted in evictions. The City's nearest existing park is too far away for children to safely access. The City of Tukwila seeks to invest in this historically underserved community that lacks open space infrastructure. A safe and accessible patch of green space will increase the quality of life for Cascade View residents by creating a physical space for them to gather, destress, and interact socially, a place for their children to kick a ball without fear of eviction, and in so doing will begin to chip away at the severe health disparities these residents experience. Application — Page 1 49 SECTION 2. OPEN SPACE RESOURCES Before answering Sections 2 & 3, please review "King County Conservation Futures (CFT) Application Evaluation Criteria." Please mark the checkbox for each criterion that applies to the parcels that are current funding targets. Then briefly describe in the space below how the proposed acquisition satisfies each marked criterion. Consider, if applicable, both the landscape and individual parcel level. ❑ A. Wildlife habitat or rare plant reserve ❑ F. Urban passive -use natural area/greenbelt ❑ B. Salmon habitat and aquatic resources ❑ G. Park/open space or natural corridor addition ❑ C. Scenic resources H. Passive recreation opportunity/unmet needs ❑ D. Community separator ® I. Equity/opportunity area projects that seek to redress ❑ E. Historic/cultural resources historic disparities in access to open space H. Passive recreation opportunity/unmet need The 146th Street Mini Park will provide new opportunities for passive recreation for the 3,696 underserved residents (1,130 households) living within a 10-minute walk. This grassy, tree -lined lot is ideal for passive recreation including informal soccer games and walking, which are activities requested by the community. This area of the Cascade View neighborhood lacks a nearby park. Although Cascade View Community Park is less than half a mile walking distance away, busy road conditions make for unsafe pedestrian travel. Having conducted a Personalized Walking Audit facilitated by the 10Minute Walk Planning Grant, four main paths of travel to access Cascade View Community Park from the 146t Street Mini Park were evaluated. First leaving the 146`h Street Mini Park, pedestrian access to South 146th Street is presumably unsafe; both the east and west sides of the street lack sidewalks and are clustered with parked cars along the unpaved and narrow shoulders. While pedestrians may walk along the shoulder, parked cars blocking access force pedestrians to obstruct the path of moving traffic increasing the risk of engaging in a collision with a vehicle. South 146th Street happens to lack a speed sign, which may lead to confusion for drivers. Not only is this concerning, but the large volume of traffic moving through this street in both directions is hazardous to pedestrians. Continuing along the Personalized Walking Audit, 34th Avenue South is equally unsafe. The roadway is narrow, traffic moves quickly, and cars are parked in the limited space of the shoulder which includes several driveways. Turning onto the busy South 144`'' Street, its 30-mph speed limit and lack of safe pedestrian crossings, make it difficult and unsafe for residents, and especially children, to access the park. With speed signs posted at 30 mph, this hilled street leaves pedestrians walking to the park at a disadvantage when considering the volume of traffic passing through this street with limited sight distance. Lastly, walking along Tukwila International Boulevard, it is important to acknowledge that it is considered major thru fare, with a large influx of vehicular travelers, including large trucks. Although there is a sidewalk along this street, the opportunity for pedestrians to be struck by a vehicle moving at high speeds is still a potential risk and the environment is very load and busy feeling due to the heavy vehicular traffic. Upon reviewing crimes statistics provided by the Tukwila Police Department, in general, the area along S 146th Street between Military Road South and Tukwila International Boulevard and the 14600 block of 35th Avenue South experiences average to higher than average levels of criminal activity in one form or another. According to Tukwila Police Department, there are two problematic properties in this area that are specifically above average for criminal and/or disorder behavior in residential neighborhoods. In general, in less than two years, there have been 181 cases reported. Approximately 33 of those incidents, varying over 8 types of offenses, involved individuals being directly exposed to dangerous or adverse situations. Recorded incidents such as assault, domestic violence, and harassment are some of the concerning scenarios individuals face in this area. Three apartment buildings, housing immigrant and refugee families with over 180 children, immediately surround the vacant parcel. Currently the perimeter of the 146th street property is fenced with barbed wire. As such it is inaccessible to these children. And, Cascade View Park is too far away and too unsafe for the children to walk to. Therefore, the children are forced to play in the parking lots and hallways of the apartment buildings. Application — Page 2 50 The 2014 Parks, Recreation, and Open Space Plan identifies nearby and convenient parks as the most important community need. The GIS analysis identified that this area is one of five neighborhoods that lacks access to parks. Recent public input has confirmed this. In 2018, the City was awarded a 10-Minute Walk Technical Assistance and Planning Grant from the National Parks and Recreation Association (NRPA) for efforts to pilot innovative community engagement methods to elicit feedback from residents unaccustomed to attending traditional public meetings. We know that our residents in the Cascade View neighborhood need a safe place to engage in passive recreation because they've communicated this to us at City Council Meetings. The 10-Minute Walk Grant is helping us create a community engagement plan to hear exactly what our community members need and want. Our response to this need is to create this park, in partnership with them I. Equity/opportunity area projects that seek to redress historic disparities in access to open space Weighing the lack of safe park access within a quarter -mile, low-income households, and rates of chronic diseases, King County identified Tukwila as a pilot city for the Open Space Equity implementation plan of the Land Conservation Initiative. With over 80 different languages spoken and 37 percent of students enrolled in English Language Learners, the Tukwila School District is the most diverse in the United States. Within the City, residents of the Cascade View neighborhood, many of which are immigrant and refugees, disproportionately lack infrastructure that promotes a fair and just society and they disproportionately experience hardships as described below: According to King County's CFT Equity Determination Report: • 46 percent of households are at or below 200 percent of the Federal Poverty Line, making the median household income of the park's census tract within 12th percentile of all King County census tracts, and • hospitalization rates for asthma, diabetes, and heart disease is within the 89th percentile of all King County census tracts. In addition: • 60 percent of residents are people of color, • 85 percent of local students use free or reduced -price school lunches, and • the average life expectancy is 79 years; • Just 18 percent of the neighborhood has tree canopy coverage, which is much lower than the rest of King County; • 36 percent — more than 1/3 of all households — are linguistically isolated (i.e. 36% are limited English speaking) This new park seeks to address these historic inequalities and better serve our most underserved residents. The 10-Minute Walk Grant Community Engagement Plan we are currently making will help facilitate a year of innovative community engagement, where we partner with community groups like Global to Local and multi- lingual events like to ensure we engage difficult -to -reach residents. Application — Page 3 51 SECTION 3. ADDITIONAL FACTORS Please mark the checkbox for each criterion that applies to the parcels that are the current funding targets. Then briefly describe in the space below how the proposed acquisition satisfies each marked criterion. ❑ A. Educational/interpretive opportunity B. Threat of loss of open space resources ® C. Feasibility: Ownership complexity/willing seller(s)/community support ® D. Describe any public or private partnerships that will enhance this project E. Is the property identified in an adopted park, open space, comprehensive, or community plan? ❑ F. Transferable Development Rights (TDR) participation @ ►Z B. Threat of loss of open space resource The opportunity to address unmet needs for passive recreation in this equity area will be permanently lost if this application is not funded this round. This is the only vacant lot in the neighborhood able to meet the community's need. Already we have seen the consequences of moving too slowly. Originally, we planned to also purchase an adjacent parcel along with this one, but the owner sold it to a developer before we could mobilize. Now, instead of a park, the parcel will be developed with 11 new townhomes, again, with no designated recreational space. If we cannot move quickly with this property, owned by the school district, we will face a similar problem and lose the opportunity to create a new park. While the school district is willing to work with us, they set a December 2019 deadline to close on the sale and will likely sell to a developer if we cannot meet their timeline. C. Feasibility This a fee simple acquisition of a single property owned by Impact Public Schools (IPS). IPS originally purchased the property in 2017 as they renovated an existing structure on the adjacent parcel into a charter school. At that time, they were not sure if they would need this extra vacant lot for their school, however, as their needs have been clarified, they've determined they need to sell the vacant lot. Interested in conservation, they are a willing seller and we are concurrently working with them on a purchase and sales agreement as we are applying for CFT funding. Because this project arose from listening to the community's needs for more open space, there is widespread community support and no opposition. D. Partnerships The outreach that initiated this project was part of the 10-Minute Walk public -private partnership between the City, NRPA, The Trust for Public Land, King County, and the Urban Land Institute. King County is assisting with the acquisition, and The Trust for Public Land is providing advice on the funding strategy. The local community is very supportive of the project and interested in volunteer stewardship activities once the site is publicly available. E. Adopted Park Plan By establishing a new, close -to -home park, this project will help satisfy the first goal listed in the City's 2014 Parks, Recreation, and Open Space Plan of contributing to a convenient and connected park system. It will also be listed in the forthcoming 10-Minute Walk action plan developed in partnership with The Trust for Public Land as part of the NRPA 10-Minute Walk planning project. Application — Page 4 52 SECTION 4. PARCEL DETAILS A. Please provide information about the parcels that are current and future funding targets. i. Parcels that are Current Funding Targets - i.e., those parcels which would be acquired with requested funding, shown in red on your maps. Find this information on Assessor's Report/Property Details accessed through King County iMAP (https://gismaps.kingcounty.gov/iMap/). Add more rows if needed. Parcel Number (do not use hyphen, e.g., 1234567890) Acreage Zoning' Assessor's "Appraised Land Value"2 Assessor's "Appraised Improvements Value" Estimated Cost to Purchase Desired Property Interest Property Interest Sought (fee, easement, or TBD) 2044000025 0.46 RC $400,900 0 $500,000 Fee ii. Future Funding Targets - i.e., those parcels shown in yellow on your maps. Please list the parcel numbers here (no additional information needed): N/A B. How did you estimate the cost to purchase parcels? (e.g., appraisal, estimate from assessor's values, etc.). An appraisal was conducted to estimate the purchase price. C. Are any parcels are enrolled in the Current Use Taxation program (a voluntary conservation program)?3 No. SECTION 5. PROPERTY USE, STEWARDSHIP, AND MAINTENANCE A. What is the intended future use of the property (e.g., passive recreation, habitat restoration, timber management, agricultural production)? Will this land be available for public use? The intended future use is a publicly available, passive use recreation park. B. How will the property be stewarded and maintained, and using what funding? Does the property lend itself to volunteer stewardship opportunities or community participation? The City of Tukwila's Parks and Recreation Department will steward and maintain the property, along with volunteers from the neighborhood on occasion. C. What are the biggest challenges you anticipate in managing this site? We anticipate the initial greatest challenge will be dealing with litter at this site based on the amount seen in the surrounding areas. That being said, we are committed to making and keeping this park safe, clean, and well managed. D. Will you be purchasing and demolishing any structures on the target parcel(s)? Explain why this is necessary. There are no structures onsite. E. Do you intend to reserve any part of the site for non-CFT-eligible activities, such as more intensive recreation or retaining a structure on a fee purchase? (Funds used for that purchase can't count as CFT match.) ' Please explain what the zoning designation means if you don't think it would be evident to the committee. z Parcels enrolled in Current Use Taxation for "Forestry" may not have a valid "appraised land value" or acreage. 3 Visit www.kingcountv.gov/incentives, and use the "Interactive Map" to check enrollment for your target parcel(s). Application — Page 5 53 The City will develop the site in accordance with CFT guidelines — that is, we will adhere to the 15% impervious surface limit. If approved by County Council we would consider building a playground within this 15% limit; we plan on landscaping the site to fit community wants and desires, and we understand that walking paths are not subject to the 15% limit. Application — Page 6 54 SECTION 6. PROJECT BUDGET Please provide budget information for the parcels that are the current funding targets. FUNDING REQUEST CFT Funding Request KC Parks Levy (PL) Request (for county projects only) Total Funding Request TOTAL CFT PROJECT COSTS REQUESTED AMOUNT $570,000 $570,000 PROJECT COSTS ESTIMATED DOLLAR AMOUNT OR RANGE Total property interest value $500,000 Title and appraisal work $20,000 Closing, fees, taxes $25,000 Relocation costs N/A Hazardous waste reports $0 Directly related staff, administration and legal costs $25,000 Only if applicable: Value of land used as match4 Total Estimated Project Costs $570,000 FUNDING/MATCH TABLE Please document the sources of match that you have secured, or intend to seek, towards the parcels that are the current funding targets. If you don't yet have match secured, please note how you plan to obtain it. If you seek a match waiver (based on equity/opportunity area determination), please write "Match Waiver Requested" in table below and complete Supplemental Form #1: Equity/Opportunity Area Determination. CFT FUNDING Date Funding Secured Dollar Amount CFT Funding Request Match Waiver Requested Match Waiver Requested Past CFT Funding Available (i.e., funds remaining from past awards, to be spent on current target parcels) MATCH FUNDING SECURED Sources/Status: Date Funding Secured Dollar Amount Match waiver requested MATCH FUNDING STILL SOUGHT Sources/ Plan to obtain match?: Date Funding Anticipated Dollar Amount 4 If you are providing cash match, ignore this instruction. If your match consists of a land trade or the cash value of recent open space purchases, please reflect the match property's estimated value in the "Value of land used as match" row. Your "Total Estimated Project Costs" will include this match property's estimated value. Application — Page 7 55 SECTION 7. BOND FUNDING POTENTIAL (SPECIAL SECTION FOR 2019) Projects applying in 2019 may be able to qualify for bond -backed Conservation Futures funds, in addition to annual awards. Criteria A through D below are factors that may make projects most competitive for bond funding. Mark the checkbox for each criterion that applies to the parcels that are the current funding targets, and briefly describe in the space below how the proposed acquisition satisfies each marked criterion. Please note, if necessary, whether certain parcels in your scope meet the criteria, but other parcels in your scope do not. ® A. Acquisition can occur in late 2019 or soon thereafter ® B. Transaction is highly likely to be successful ® C. Match is secured ® D. Property acquired in fee will not be leased or sold for private benefit (i.e., leased to a private party or surplused. Note that acquisition of conservation easements, TDR easements, farm covenants where underlying fee remains in private ownership is generally acceptable.) A. Acquisition can occur in late 2019 The seller needs this project to close by December 2019, so we are working together to ensure the transaction will occur as soon as funds are available. B. Transaction is highly likely to be successful The seller is very interested in preserving the property as open space for public use by selling it to the City. C. Match is secured We are requesting a match waiver. D. Property acquired in fee will not be leased or sold The property will be owned by the City of Tukwila and preserved as open space for public use, with no leases or restrictions on public access planned. Application — Page 8 56 SUPPLEMENTAL FORM #1: EQUITY/OPPORTUNITY AREA DETERMINATION Guidance for Applicant Complete this supplemental form only if you seek a determination of whether your project is in an equity/ opportunity area. Please thoroughly review the guidance on this page to determine whether your project may qualify. Mandatory: Contact CFT Program Coordinator to receive a data report on how the target parcel(s) meet certain criteria. Complete this form using the data report, but also feel free to share additional relevant information to make the case that your project is in an equity/opportunity area. Key Information on Equity/Opportunity Areas and Match Waivers This program is intended to apply to projects that would provide open space in the most underserved parts of the county, where past history of inequities, discrimination, and limited regional investment — including investment in open space — is evident today. The program is intended to help eliminate disparities in access to public open spaces and trails in communities with the greatest and most acute needs. Properties that are determined by the CFT Committee to be in an equity/opportunity area may qualify for a match waiver if the project is awarded CFT funds (a match waiver means that CFT could fund 100% of the eligible acquisition costs). Determination that a project is in an equity/opportunity area and qualifies for match waiver does not mean that the project would receive CFT funding. The Committee's funding recommendation will be based on further evaluation of the project's merits. King County Council makes final funding determination. There are two different methods to establish whether the project qualifies as being in an equity/opportunity area (based on King County Code 26.12.003.E), and thereby may be eligible to receive CFT funding for the entire project cost without providing match dollars. Method #1 (evaluated in Question 1 below in this supplemental form) The project meets all three of the following specified criteria: A. "areas located in a census tract in which the median household income is in the lowest one-third for median household income for census tracts in King County; B. "areas located in a census tract in which hospitalization rates for asthma, diabetes, and heart disease are in the highest one-third for census tracts in King County; and C. "for areas within the Urban Growth Boundary, [that] do not have a publicly owned and accessible park within one -quarter mile of a residence, or for areas outside the Urban Growth Boundary[,] that do not have a publicly owned and accessible park within two miles of a residence." Method #2 (evaluated in Question 2 in this supplemental form) If the project does not qualify under Method #1, it may qualify if: "the project proponent or proponents can demonstrate, and the citizen oversight committee determines, that residents living in the area experience disproportionately limited access to public open spaces as well as demonstrated hardships such as, but not limited to, chronic low incomes, persistent poor health, or high rates of utilization of free and reduced price school meals." Equity/Opportunity Area proposals should have engagement and collaboration with community -based organizations and/or members of the community. Collaboration can be demonstrated through at least two letters of support and a description of community outreach held to date, or planned in the future. Proposals that demonstrate community support will be prioritized higher than those without demonstrated support. Supplemental Form #2 — Page 1 57 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued Question 1. If a project meets all three of the criteria below, then it qualifies as being in an equity/opportunity area and is eligible for a match waiver if project is recommended for CFT funding. Please indicate "yes" or "no" to each criterion below, and briefly describe how it meets that criterion (e.g., "this site's census tract is in the 28`h percentile of census tracts for income'). Does Project Meet These Criteria? Yes No 1A. Located in a census tract in which the median household income is in the lowest one -III third for median household income for census tracts in King County? Describe: 46 percent of households are at or below 200 percent of the Federal Poverty Line, making the median household income of the park's census tract within 12th percentile of all King County census tracts 1B. Located in a census tract in which hospitalization rates for asthma, diabetes, and heart disease are in the highest one-third for census tracts in King County? • • Describe: Hospitalization rate for asthma, diabetes, and heart disease is within the 89th percentile of all King County census tracts. 1C. For areas within the Urban Growth Boundary, that do not have a publicly owned and accessible park/open space within one -quarter mile of a residence, or for areas outside the Urban Growth Boundary, that do not have a publicly owned and accessible park/open space within two miles of a residence. • CI Describe (noting specifically what is the nearest open space & how far away it is): Cascade View Community Park is within one -quarter of a mile as the crow flies and right at one -quarter of a mile walking distance, but poor quality, unsafe pedestrian walkways prevent safe and easy access to this park. Supplemental Form #2 — Page 2 58 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued Instructions If you answered "Yes" to all three criteria in Question 1, please skip Questions 2 and 3. If you answered "No" to one or more of the criteria in Question 1, please answer Questions 2 and 3. Question 2. If a project does not meet all three of the criteria in Question 1, the CFT Committee may determine that projects qualify as being located in an equity/opportunity area if the project proponent can demonstrate limited open space access as well as other demonstrated hardships. Please share relevant information below. 2A. OPEN SPACE ACCESS. Do residents living in the area experience disproportionately limited access to public open spaces? (e.g. a freeway, major arterial, or river prevents access to nearby open spaces; the nearest open space is'h mile away; etc.) As determined by the Personalized Walking Audit supported by the 10Minute Walk Planning Grant, the lack of available sidewalks, crosswalks, poorly lit walkways, high traffic density, and lack of appropriate street markings and signage qualify this pathway unsafe for pedestrians. Although not a safety concern, the street and its shoulders are lined with trash, as there are no trash receptacles along the footpath. In addition, the neighborhood lacks tree canopy coverage - just 18 percent of the census block group has tree canopy coverage, which is well below the County average. The 146t street parcel proposed for acquisition has existing mature trees. 2B. INCOME/ECONOMIC INFORMATION. You already reported on income data in Question 1A. Is there additional income information for the immediate area that the committee should consider? (e.g. federal poverty level, rate of utilization of free and reduced price school meals) Eighty-five percent of neighborhood students use free and reduced price school lunches, which is in the 100th percentile rate within King County. 2C. HEALTH. You already reported on health data in Question 1B. Is there additional health information for the immediate area that the committee should consider? The average life expectancy in the health reporting area is 79.4 years, which is in the 17th percentile within King County. 2D. SOCIAL/DEMOGRAPHIC. Is there social or demographic information the Committee should consider? (e.g. % of population under 5; racial diversity; average life expectancy; diversity of languages spoken) Tukwila is one of King County's most culturally diverse cities. Reflecting this diversity, 36 percent of households are limited English speakers and 60 percent of census tract residents are people of color. A park in this location is especially important given the neighborhood's high concentration of young children. Eight percent of residents in the census tract are children under age five, which is in the 86th percentile within King County. 2E. Please briefly note any other information the Committee should consider, beyond what you presented above. We heard about the need for a nearby park while establishing new relationships with our most disenfranchised residents in partnership with local community groups. For many recent immigrants, this was one of their first experiences with their local government. We feel that it is especially important to quickly follow through on Supplemental Form #2 — Page 3 59 SUPPLEMENTAL FORM #2: NON -GOVERNMENTAL APPLICANTS, continued our promise for a new park not just to meet the need for residents who are being threatened with eviction because their children have no place to play except in parking lots and hallways, but also to continue to foster trust and build our relationships. Question 3. Please describe your community engagement and collaboration with community -based organizations and/or members of the community. Please provide at least two letters of support. If you have not engaged in such outreach, please describe your planned community outreach. The 10-Minute Walk Grant Community Engagement Plan we are currently making will help facilitate a year of innovative community engagement, where we partner with community groups like Global to Local and multi- lingual events like to ensure we engage difficult -to -reach residents who would not attend traditional public meetings. As a result, we are excited to form a group of dedicated residents living in the three surrounding apartment buildings that strongly support the project. We plan to continue to build these relationships through community engagement on the park design and stewardship. Question 4. If the Committee determines that this project does not qualify as being in an equity/opportunity area, the Committee will need to know whether you still want to be awarded CFT funding for up to 50% of project costs, which would require a dollar -for -dollar match. 4A. If you do not qualify for a match waiver, do you want to be considered for a CFT award that would require a dollar -for -dollar match? Mark Yes or No. If you mark no, your project will only be recommended for CFT funding if you qualify for a match waiver. Yes No While the school district is willing to work with us, they set a December 2019 deadline to close on the sale, and will likely sell to a developer if we cannot meet their timeline. Instructions If you answered "Yes" to question 4A, please complete questions 4B and 4C. If you answered "No" to question 4A, skip questions 4B and 4C. You are done with this supplemental form. 4B. If you answered "Yes" above, identify the reduced CFT funding amount you would seek only in the event that you don't qualify for a match waiver. Typically that would represent 50% of your total project cost. $ [suggested dollar amount] 4C. Describe what your strategy would be to raise the necessary matching funds. Supplemental Form #2 — Page 4 60 Feb. 2, 2019 To whom it may concern, Please accept my letter of support for the City of Tukwila's effort to acquire and develop the 146th Street Mini Park. My name is Katrina Dohn and I am a teacher in the Tukwila School District. The need for this park was first brought to me by a 10-year-old student who expressed concern and frustration about she and her friends not having a safe place in which to enjoy healthy, outdoor play. I was shocked at the lack of any play option and began talking with the City of Tukwila about possible avenues for remedying this need. It is because of this student, and my desire that all of the many students who live in this area have a place for healthy play, that I am writing this letter of support today. After listening to residents' growing concerns about the lack of a nearby park, the City of Tukwila is creating a new park on a vacant lot along 146th Street South at 35th Street South. Cut off from the closest park by high -traffic roads and surrounded by four large apartment complexes, this underserved neighborhood sorely needs a community gathering space of its own. Almost 3,700 people live within a 10-minute walk of the park, where 48% of households are low-income. With your help, the new 146th Street Mini Park will provide the community with a close -to -home park where everyone can play outside and enjoy the great outdoors. I am pleased to support the new 146th Street Mini Park. If I can be of assistance, please contact me 206.355.9820 or katrinadohn@gmail.com. Thank you in advance for your consideration. Sincerely, Katrina Dohn Cascade View Elementary School Tukwila School District 61 Verna Seal 4624 S. 146th Street Tukwila, WA 98168 February 3, 2019 To Who It May Concern: I am writing this letter because I whole-heartedly support the City of Tukwila's effort to acquire and develop the 146th Street Mini Park. I am a resident of Tukwila and live down the street from the proposed park. I know that many of the children that live in the area would truly benefit from a park in this location. After speaking to families, teachers, and listening to concerns from the families and children that live in that area, I was happy to hear that the City of Tukwila is creating a new park on a vacant lot along 146th Street South at 35th Street South. There is no park for these families and children since this part of the neighborhood is isolated and cut off by very busy roads that are dangerous for children and families to try to navigate. Almost 3,700 people live within a 10-minute walk of the park, where 48% of households are low-income. With your help, the new 146th Street Mini Park will provide the community with a close -to -home park where everyone can play outside and enjoy the great outdoors. I support the new 146th Street Mini Park. If you need additional information please let me know. Sincere ly, Verna Seal 62 BURIEN Burien Lake • Boeing Field/ King County International Airport 1 • 1 Lake Washington /—Duw%,, m ' 1 ,' — . 1 � ♦ 1 I Rento(t ' `��rl' o Municirialj 1 Airpor\ / • f .0 ♦ 1 a °o� • .6;�.• ♦ RENTON Black R` 1 ► TUKWILA ( t` • • .R r 1 • I a, 1 Seattle- 1 . • Tacoma ♦ I 1 International 1 1 K Airport ♦ 1 1 1 (•I`C 1 c/ n Puget Sound * Current funding target Q Urban growth area I■ Park — - Trail , Angle Lake • • C—, 146th Street Mini Park TUKWILA, KING COUNTY, WASHINGTON February 25, 2019. Copyright The Trus_ for Public Land The Trust for Public Land and The Trust for Public Land logo are federally register. Information on ;his map Is provided for purposes of discussion and vesualizauon only www.tpl.org Panther Lake THE TRUST FOR PUBLIC LAND 63 Cascade View, Community Park Parcel 2044000025 elCurrent funding target Urban growth area Park 146th Street Mini Park TUKWILA, KING COUNTY, WASHINGTON THE TRUST FOR PUBLIC LAND 64 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: March 4, 2019 SUBJECT: 2019 Agreement with Starfire Sports for Lodging Tax Funding ISSUE Authorize the Mayor to sign an agreement with Starfire Sports for 2019 lodging tax funding. Total reimbursement under the agreement will not exceed $44,500. BACKGROUND On February 14, 2019 the City Council approved a lodging tax funding request from Starfire Sports in the amount of $44,5001. The funds are intended to support Starfire's tournament schedule and help the City with its branding and marketing goals. City policy requires the City Council to approve any contract over $40,000 before the Mayor can execute the Agreement. As a reminder, the funds for this agreement will come from the City's lodging tax program. Lodging tax funds are collected at area hotels and under Washington State law can only be used for tourism promotion activities. RECOMMENDATION Authorize the Mayor to enter into the Agreement with Starfire Sports in the amount $44,500. Staff suggests the Agreement be placed on the March 18 consent agenda. ATTACHMENTS • Draft Agreement with Starfire Sports. 1 The City's Lodging Tax Advisory Committee reviewed the funding request at its January 22, 2019 meeting and recommended that funding be provided. 65 66 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: CONTRACT FOR LODGING TAX FUNDING This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Starfire Sports, hereinafter referred to as "the Contractor," whose principal office is located at 14800 Starfire Wy; Tukwila, WA 98188. WHEREAS, the City imposes a special excise tax under Chapter 82.08 Revised Code of Washington (RCW), known as the "lodging tax," on furnishing of lodging in hotels, motels and similar business enterprises, as authorized under Chapter 67.28 RCW; and WHEREAS, the City is authorized to use the lodging tax revenue for tourism promotion, as defined by Chapter 67.28 RCW; and WHEREAS, Contractor is able to help promote the City to both overnight and day visitors, driving business to Tukwila restaurants, hotels, retailers, and entertainment establishments; and WHEREAS, on January 22, 2019 the City's Lodging Tax Advisory Committee considered and approved Contractor's request to obtain lodging tax revenue for tourism promotion; and WHEREAS, the City concurs with the Lodging Tax Advisory Committee's recommendation to provide lodging tax revenue to Contractor for tourism promotion; and WHEREAS, it is appropriate for the City to compensate the Contractor for the costs of promoting tourism (both day and overnight) in the City; and IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $44,500. 3. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 1, 2019, and ending March 30, 2020, unless sooner terminated under the provisions hereinafter specified. 4. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CA Revised 2012 Page 1 of 9 67 Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 5. Indemnification. Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Contractor and the City, its officers, officials, employees, and volunteers, Contractor's liability hereunder shall be only to the extent of Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA Revised December 2016 Page 2 of 9 68 B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. E. Subcontractors. Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. CA Revised December 2016 Page 3 of 9 69 12. Assignment and Subcontract. Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 With a copy to: Office of Economic Development City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. DATED this day of , 20. CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: By: Printed Name and Title: Address: CA Revised December 2016 Page 4 of 9 70 Office of the City Attorney CA Revised December 2016 Page 5 of 9 71 Exhibit "A" Scope of Services General: Contractor shall organize, promote and facilitate tournaments, leagues and events at Starfire Sports Complex with the goal of attracting over 10,000 overnight hotel/motel room nights and 1.3 million annual visitors (not unique visitors) in a collaborative working relationship with the City of Tukwila. The purpose of this agreement is for the tracking of hotel bookings, promotions and marketing. 1. As needed, contractor shall refer teams and event directors directly to Seattle Southside Regional Tourism Authority (SSRTA), a destination marketing organization for the City, for assistance with lodging, restaurants, attractions, transportation companies, etc. or directly to the City. 2. Contractor will encourage and, where possible, require other 3rd party organizers holding tournaments and events at Starfire to utilize Seattle Southside (Tukwila, SeaTac, and Des Moines) lodging businesses. Contractor will provide 3rd party organizers a one -page promotional flyer as an attachment (to be provided by the City) to its rental agreements. 3. Contractor shall provide a prominently placed City of Tukwila logo to the sponsor section of the landing page of www.starfiresports.com website. 4. Contractor will promote City of Tukwila attractions and activities through its marketing department, league information, and tournament relations via links in email signatures and information in event documents. Information may be regarding non -city activities. Attractions and events promoted by the City, with the contractor, cannot be in conflict with business interest of Starfire Sports. 5. Contractor and City shall work in conjunction to provide content in the regular e-newsletters from Starfire Sports about Tukwila attractions and activities. Attractions and events promoted by the City, with the contractor, cannot be in conflict with the business interests of Starfire Sports. 6. In all collateral, press releases, medias, etc. where a location is mentioned, contractor shall always identify the location of Starfire as being located in "Tukwila." Contractor shall encourage third parties operating at or hosting events at Starfire to also list the location as "Tukwila." 7. Provide a minimum of four social media post per month promoting activities, dining, shopping, and/or hotels in the City. Content to be provided by the City and approved by Contractor. 8. As deemed most appropriate by Contractor, use the #Tukwila or the name "Tukwila" in social media posts on Facebook, Twitter, Google+ and/or Instagram. 9. Contractor shall make available free meeting space, during regular operating hours by the Contractor, for the City, provided City events do not conflict with paid meeting reservations. 10. Contractor shall work with the City to promote events in the City, including but not limited to City sponsored events, events sponsored by third parties, and grand openings of businesses within CA Revised December 2016 Page 6 of 9 the City. Events promoted by the City, with the contractor, cannot be in conflict with the business interests of Starfire Sports. 11. The City of Tukwila shall also be considered a tournament partner for 2019. As a tournament partner the City shall be receive the following benefits: a. City included as part of the Tournament /logo (e.g. The Starfire AstroTurf® Cup, Tukwila, WA). b. Visibility on www.starfiresports.com homepage, youth tournaments landing page, tournament event page, and drop -down navigation menu c. 300px by 300px placement on the tournament event page and tournament landing page of starfiresports.com d. 300px by 300px placement in all registration and announcement emails related to the tournaments e. (6) Banners displayed during each day of the tournaments; banners to be provided by City f. (1) 10' x 10' booth during each day of the sponsored tournaments g. (1) PA Announcement mention every 4 hours during each day of the tournaments h. (1) 8.5" x 11" promotional flyer in all sponsored tournament(s) coach's packets i. (1) 100px by 75px placement in two Starfire newsletters j. (1) Marketing email sent to all tournament participants k. (1) Rotating placement in the Starfire Media Center during the tournament season I. Mentions via Starfire's social media platforms m. Opportunities for City officials to participate in Tournament award presentations CA Revised December 2016 Page 7 of 9 73 Exhibit "B" Compensation, Method of Payment, and Reporting Compensation and Method of Payment Contractor shall submit to the City a request for reimbursement for services and sponsorships rendered under this Agreement. The total compensation to the Contractor under this Agreement shall not exceed $44,500. Invoices and request for reimbursements shall be mailed to: City of Tukwila ATTN: Brandon Miles 6200 Southcenter Blvd Tukwila, WA 98188 The following are the dates and amounts to be invoices to the City: Invoice # Date (no later than) Amount 1 June 30, 2019 $14,834 2 September 30, 2019 $14,833 3 December 31, 2019 $14,833 Should the Contractor choose to reduce or modify services outlined in Exhibit "A" of this Agreement, the City may choose to reduce the awarded funds. The amount reduced shall be at the sole discretion of the City. Reporting Requirements With each invoice, the Contractor shall provide the following to the City: 1. Estimate number of attendees for tournaments and events at Starfire. 2. Social Media Engagmene.t 3. Any other document the Contractor wants to provide to demonstrate success of the event and marketing activities. CA Revised December 2016 Page 8 of 9 In additional the items outlined above, the following information shall be submitted to the City no later than February 1, 2020. This information is required to be collected by Washington State law. As a direct result of your proposed tourism -related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility? b. Number of people who traveled fewer than 50 miles for your event/activity? c. Number of people who traveled more than 50 miles? d. Of the people who traveled more than 50 miles, the number of people who traveled from another country or state? e. Of the people who traveled more than 50 miles, the number of people who stayed overnight in Tukwila? f. Of the people who stayed overnight, the number of people who stayed in PAID accommodations (hotel/motel/bed- breakfast) in Tukwila? (example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights.) g. Number of paid lodging room nights resulting from your proposed event/activity/facility (example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights)? Provide information on how the above actuals were determined. Reports and Deliverables shall be submitted to: City of Tukwila ATTN: Brandon Miles 6200 Southcenter Blvd. Tukwila, WA 98188 CA Revised December 2016 Page 9 of 9 75