HomeMy WebLinkAbout2015 - Second Amendment to Development Agreement - South Center WA LLC (223 Andover Park East) - 20151224000544Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
20151224000544
CITY OF TUKWIL ORD 84.00
PAGE -001 OF 012
12/24/2015 12:01
KING COUNTY, WA
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I. City of Tukwila Ordinance No. 2490 2.
3. 4.
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1 City of Tukwila
2.
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Grantee(s) Exactly as name(s) appear on document
South Center WA, LLC
I. ,
2. ,
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Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Andover Industrial Park #2 Portion of Tract 9
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assigned 0223100090
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City of Tukwila
Washington
Ordinance No. Dt ''`{ V
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 SECOND 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 wish to enter into a
Second 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 9th day of November 2015 to take public testimony regarding this
Second Amendment to the Development Agreement as proposed;
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Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The Second 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 Second 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 O_ F )TUKWILf�, WASHINGTON, at
a Regular Meeting thereof this 165T» day of 1\i/ po.e b12/ , 2015.
ATTEST /AUTHENTICATED:
0`-
Christy O'Flah y, MMC, City Clerk
APPROVED AS TO FORM BY:
ac
Rachel B. Turpin, City Attorney
hie
Hagge,l
Filed with the City Clerk: 1 (.- ) 0-18
Passed by the City Council: j'.-) 6-1c
Published: 1 1-1q-.1 5
Effective Date: ,,— ()-11'6
Ordinance Number: avi ow
Exhibit A: Second 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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Page 2 of 2
13- 065(b)
Council Approval 11116115
Ordinance No. 2490
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Second Amendment ") is made and entered into this ilprh day of December
2015, 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, Developer has continued to proceed with the project per the
terms of the development agreement and has submitted a building permit for the
proposed development; and
WHEREAS, Developer has requested a minor amendment to the building
height provisions listed under the Development Agreement in order to proceed
with the proposed development; and
WHEREAS, the Development Agreement stipulated a maximum height of
180 feet for 50 percent of the site, which was subsequently amended to 190 feet
by the First Amendment to the Development Agreement; 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 TMC Section 18.86.050, the City
conducted a public hearing on the 9th day of November 2015 to take testimony
regarding this Second Amendment to the Development Agreement; and
1
WHEREAS, the City Council, pursuant to City Ordinance No. 2490,
approved this Second Amendment to the Development Agreement as proposed
and authorized execution of this Second Amendment to the Development
Agreement; and
WHEREAS, the Parties desire to enter into this Second 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
1. Additional Building Height: Section 4.3 of the Development Agreement
is hereby amended so the maximum building height for 50 percent of the site
shall be 200 feet. The maximum height of the parapet wall of the elevator
penthouse shall be 205 feet. The remainder of the site is limited to the height
permitted by the zoning code in effect at the time of a complete building permit
submittal. Rooftop appurtenances are exempt from this height requirement per
TMC Section 18.50.080.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. This increase in building
height is consistent with the goals of the Comprehensive Plan to encourage
residential development within the Urban Center and is consistent with the City's
vision of increased urban density.
2. This Second 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
In Witness Whereof, the parties have caused this Second Amendment to
be executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
Its: Mayor
Date: icabti h
Attest/Authenticated :
4 r e
6_'
gyp, Christ O'Flaherty, MC, City Clerk
Y
Approved as to Form:
City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
Omar Lee
Its: Manager
Date: / / - Z 3- - / S—
3
STATE OF WASHINGTON )
)ss
COUNTY OF J
On 20 /5 , before me, the undersigned, a Notary Public, personally
appeared JIM HAGGERTON, 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.
iiiii181/INGI° 4".
STATE OF WASHINGTON )
)ss
COUNTY OF i <iny
WITNESS my hand and official seal.
Print Name: L4611 11 /-/A-'''i
NOTARY PUBLIC in and for the State of
Washington, residing at .0aTot -
My commission expires: fill%/
On Ala.M 1224 - Z7 , 20 15- , 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.
- - - - - -- — - - - --
Notary Public I
1 State of Washington I
RACHEL YAMASHITA 1
My Appointment Expires Jun 18, 2018 I NOTARY PUBLIC in and for the State of
Washington, residing at Sect te.
My commission expires: J k vt e.- 1g) 2-0 I g
WITNESS my hand and official seal.
Print Name: I &( `%p,-s it I Z.
4
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2487-2490.
_N
On November 16, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2487: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO THE LIMITING FACTOR FOR THE
REGULAR PROPERTY TAX LEVY ABOVE THE RATE OF INFLATION (IMPLICIT
PRICE DEFLATOR); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2488: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON INCREASING THE CITY OF TUKWILA REGULAR LEVY
FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2016, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2489: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF
TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1,
2016, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS
SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE
TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY
FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2490: 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 SECOND 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 these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: November 19, 2015