HomeMy WebLinkAboutOrd 2603 - Development Agreement Amendment 3 - 223 Andover Park East with South Center WA LLC (Interurban Hotel / Airmark Apartments)Cl'*ty of i I a
Washington
Ordinance No.
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 36.7013.170, 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;
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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 �7- day of A or, 12019.
1
ATTEST/AUTHENTICATED:
Christy O'Flah6dy, MMC, City Clerk
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council: -1
Published: it
ATU Effective Date:
Rabhel B. Turpin, Cit� Attorney Ordinance Number: 6"
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
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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, as a mixed -use high rise the building has unique signage needs;
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
WHEREAS, the additional signs are justified for a five-year period during the
development of a critical mass of residential buildings in the Southcenter Area and
the lease up of the project's apartments; and
WHEREAS, at the expiration of the five-year period the Developer must
remove the signage or ask the City to reconsider and extend its use; and
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 TIVIC 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:
11. AGREEMENT
Signage: Section 4.2 of the Development Agreement is hereby
amended to add 2 wall signs to the previous sign allowance.
Additional wall signs:
a) May be up to 1,000 square feet each; and
b) May extend above the parapets of the walls on which they are
attached; and
c) Are limited to the copy "Airmark Apartments"; and
d) Must be removed within 5 years of the effective date of this
Amendment,
e) Removal to be guaranteed by a bond or cash assignment of
$30,000 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.
N
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.
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:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM:
City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
By:
Omar Lee
Its: Manager
Date:
3
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:
0
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2603.
On April 1, 2019 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2603: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: April 4, 2019