HomeMy WebLinkAbout2018 - Ord 2563 - Development Agreement with Bellwether Tukwila LLLP for Tukwila Apartments - 20180220000993Instrument Number: 20180220000993 Document:AG Rec: S92.00 Page -18 of 19
Record Date:2/20/2018 3:15 PM King County, WA
City of Tukwila
Washington
Ordinance No. � 6,3
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 PROPOSED BELLWETHER HOUSING
DEVELOPMENT AGREEMENT FOR PARCELS A AND B AT
3481, 3703, 3705, AND 3707 S. 152ND STREET WITH
BELLWETHER TUKWILA, LLLP, A WASHINGTON LIMITED
LIABILITY LIMITED PARTNERSHIP; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.706.170, et seq. and Tukwila Municipal Code 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 Bellwether Tukwila, LLLP, wish to enter into a
Development Agreement for the 3481, 3703, 3705 and 3707 S. 152 Street development,
a map and description of which are attached hereto as included in Exhibit A; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 11th day of December 2017 to take public
testimony regarding this Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to this City Ordinance No. 2563, approves
this Development Agreement as proposed and authorizes execution of this
Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
W: Word Processing\Ordinances\Bellwether Housing DA 11-2017
MB:bjs
Page 1 of 2
Instrument Number: 20180220000993 Document:AG Rec: 592.00 Page -19 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Section 1. The Bellwether Housing Development Agreement by and between the
City of Tukwila and Bellwether Tukwila LLLP, a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila upon receipt from Bellwether
Tukwila, LLLP of proof of ownership of fee simple title to the Property.
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 Special Meeting thereof this ) 1 qday of `1) pcp ,,VIA) ✓' , 2017.
ATTEST/AUTHENTICATED:
r -
Christy O'FIa erty, MMC, City C rk
APPROVED AS TO FORM BY:
achel B. Turpin, City Attorney
Exhibit A: Development Agreement
W: Word Processing\Ordinances'Beliwether Housing DA 11-20-17
MB:bjs
\\\'
Allan r erg, a
Filed with the City Clerk: ) 'b (
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -1 of 19
Record Date:2/20/2018 3:15 PM
Electronically Recorded King County, WA
AFTER RECORDING MAIL TO:
Name King County
Department of Community & Humai
Address 401 Fifth Avenue, Suite 500
City/State Seattle, WA 98104
Attn: Cheryl Markham
Document Title(s):
1. DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND
BELLWETHER TUKWILA LLLP FOR TUKWILA APARTMENTS
Reference Number(s) of Documents Assigned or released:
140-?61I1-I0I ►9
THIS DOCUMENT IS RECORDED
AS A COURTESY ONLY.
N/A YIRSTAMEU�ES NO TITLE
I SU ANCE CO.
ASSGrantor(s): SUFfICIENCxVAUDITY OR ACCURACY
1. City of Tukwila
2.
] Additional information on page of document
Grantee(s):
1. Bellwether Tukwila LLLP
2.
[
] Additional information on page of document
Abbreviated Legal Description:
Ptn Lot 8 and all of Lot 7, Block 2, Third Add. to Adams Home Tracts, Vol. 15, P. 17
Tax Parcel Number(s):
004300-0108-00 and 004300-0112-04 and 004300-0116-00
[ X ] Complete legal description is on page 14 of document
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -2 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Contract Number:
Council Approval:
Ordinance Number:
Land Use File Number:
18-028
I )--11 -17
L17-0040
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND BELLWETHER TUKWILA LLLP FOR TUKWILA APARTMENTS
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered this 1 G* day
of f.e.10 u c. 2012, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Bellwether Tukwila LLLP, a limited
liability limited partnership organized under the laws of the State of Washington, hereinafter the
"Developer." The sole member and manager of Developer's generalpartner is Bellwether Housing, a
Washington nonprofit corporation ("Bellwether"). The City and Developer are collectively referred to
in this Development Agreement as the "Parties," and individually as a "Party."
I. RECITALS
WHEREAS, this Agreement by and between the City of Tukwila and the Developer relates to
the development known as the Tukwila Apartments, which is located within the City of Tukwila; and
WHEREAS, Development Agreements between the City and persons having ownership or
control of real property are authorized by the RCW 36.70B.170, et seq., and the Development
Agreement Chapter of the Tukwila Zoning Code (TMC Chapter 18.86); and
WHEREAS. Developer is the contract purchaser of approximately 56,314 square feet of real
property designated as Parcel A and Parcel B; and addressed as 3481, 3707, 3705, 3703 S. 152"d Street,
generally located in the block bounded by S. 152 Street on the north; Southcenter Boulevard on the
south; Tukwila International Boulevard on the west; and 42 Avenue S. on the east (hereinafter, the
"Property"). The Property is shown on the map attached hereto as Exhibit A and as legally described
m Exhibit B. attached hereto; and
WHEREAS, the Developer desires to develop transit -oriented, affordable housing in the
Tukwila International Boulevard District and the site of this proposed development is located within a
half mile of the Tukwila International Boulevard Station ("TIB Station"); and
WHEREAS, the Developer assures the City that it invests in building, owning, and managing
their projects; is committed to involvement in the community around its projects; and has shown fiscal
stability and long term commitment to its mission; and
WHEREAS, the Developer submitted an application to the City, Land Use File No. Ll 7-0040,
and paid the fee to apply for a Development Agreement; and
Page 1 of .1S
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -3 of 19
Record Date:2/20/2018 3:15 PM King County, WA
WHEREAS, the Developer intends to develop the Property consistent with the City's
Comprehensive Plan, wherein the City identifies that Tukwila has a shortage of housing affordable to
larger families, and for those households earning less than 60% of King County median income; and
WHEREAS, in particular, Policies 8.2.4 and 8.2.10 of the Comprehensive Plan designates the
Tukwila International Boulevard District and this site for more intensive development focused on a
transit -oriented mix of mid- to high-rise office uses, multifamily residential uses, and commercial
services with structured parking that builds on the momentum of the neighborhood's proximity to the
T113 Station; and
WHEREAS, Policy 3.3.3 of the Comprehensive Plan encourages the continued support of very
low, low, and moderate income housing as defined by King County income levels, to address the
Countywide need, by supporting regional affordable housing development and preservation efforts and
this project will provide affordable housing for very low, low, and moderate income households; and
WHEREAS, this Agreement is consistent with the applicable development regulations adopted
by the City under the Growth Management Act, 36.70A RCW, RCW 36.70B.170(1), and the City's
regulations including but not limited to TMC 18.86.020, et seq.; and
WHEREAS, the Developer's conceptual site plan for the entire project is depicted on Exhibit
C, but the City and Developer understand that the project is subject to all City reviews and permits that
could require the modification of the plan, and subject to Section 7 herein; and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing; and
WHEREAS, pursuant to the Development Agreements Chapter of the Tukwila Zoning Code
(TMC 18.86.080), the decision of the City Council to approve or reject the Developer's request for a
development agreement is a discretionary, legislative act; and
WHEREAS. a public hearing for this Development Agreement was held on December 11,
2017, to take public testimony regarding this Development Agreement as proposed; and
WHEREAS, this Development Agreement constitutes a final land use action pursuant to RCW
36.70C,020 and is subject to review pursuant to RCW 36.70C.101 et seq.; and
WHEREAS, the City Council approved this Development Agreement by Ordinance No. 2563
on December 11, 2017 and authorized execution of the Development Agreement upon proof of
ownership of fee simple title to the Property; and
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereto agree as follows:
Page 2of15
Instrument Number: 20180220000993 Document:AG Rec: 592.00 Page -4 of 19
Record Date:2/20/2018 3:15 PM King County, WA
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true
and correct to the best of their knowledge and are incorporated by this reference as though
fully set forth herein.
Section 2. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and he interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance that approves this Agreement, as required by
RCW 36.70B.200.
h) "Affordable Housing" means a housing project in which 100% of the units are rented to
households with incomes at the time of initial occupancy at or below 60 percent. (60%) of
King County median income, adjusted for household size, with rents no more than 30% of
the King County median income. The foregoing restriction does not include any unrestricted
resident manager's units.
c) `Council" means the duly elected legislative body governing the City of Tukwila.
d) "Development regulations" means ordinances adopted by the City of Tukwila, and in effect
on the Effective Date, that govern the permitted uses of land; the design, density and
intensity of usc; and the building and construction standards and specifications applicable
to the development of the Property, including, but not limited to the Comprehensive Plan;
Zoning Code, Zoning Map; the infrastructure, Design, and Construction Manual;
mitigation imposed or agreed to as part of SEPA review; concurrency requirements; and all
other ordinances, rules and regulations of the City. The term development regulations does
not include non -land use control regulations, including by way .of example and not
limitation, taxes and impact fees
e) "Director" means the City's Community Development Director.
f)
g)
"Effective Date" means the effective date of the Adopting Ordinance.
"Effective Period" shall mean and refer to that term as defined at Section 6 herein.
11) "Project" shall mean and refer to the development of Affordable Housing with a mix of
studios, one, two, and three-bedroom units on the Property in conformance with the terms
and conditions of this Agreement and whose site plan is depicted conceptually on Exhibit
C.
i) "1113" refers to the Tukwila International Boulevard, the principal City arterial that runs
north to south through the center of the TIBD.
"TIBD" shall mean the Tukwila International Boulevard District depicted in the
Comprehensive Plan and is generally bounded by S. 160`h Street, 42 Avenue S., Military
Road' S. and S. 137t Street.
.i)
Page 3 of 15
Instrument Number: 20180220000993 Document:AG Rec: 892.00 Page -5 of 19
Record Date:2/20/2018 3:15 PM King County, WA
k) "Zoning Code" refers to Tukwila Municipal Code Chapter 18.
Section 3. Statement of Authority and Intent. This Agreement is entered pursuant to the
authorization of Development Agreements in the Revised Code of Washington (.RCW
36.70B.170) and the Development Agreements chapter of the Tukwila Municipal Code
(TMC 18.86) and is intended and designed to vest this development to certain terms and
conditions. Other than those terms and conditions specifically identified in this Agreement,
the City's regulatory codes in effect at the time of a complete building permit application
shall apply.
Section 4. Exhibits. Exhibits attached hereto or referenced are incorporated by such
reference as if fully set forth herein. They are as follows:
a) Exhibit A — Map of the Properly
b) Exhibit 13 — Legal Description of Property
c) Exhibit C — Conceptual Site Plan of the Project
Section 5. Parties to this Agreement. The parties to this Agreement are:
a) The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188.
b) The "Developer" is an affiliate of Bellwether Housing, a Washington nonprofit corporation,
whose principal office is located at 1651 Bellevue Avenue; Seattle, WA 98122. Bellwether is
the sole member and manager of the Developer's general partner.
Section 6. Effective Period of this Development Agreement. The "Effective Period" for
this Agreement shall be from the Effective Date and shall be valid until December 31, 2023.
if Developer has not submitted and the City has not accepted a complete building permit
application, and building permits have not been secured for the development by the end of
the Effective Period, this Agreement shall be voided, and development may occur on the
subject site pursuant to the then adopted development regulations.
Section 7. Development Standards; Conditions. RCW 36.80B.180(3)(d) and TMC
18.86.030 authorize the establishment of design standards by a development agreement.
1'MC 18.86.030 explicitly allows for flexibility in development standards applicable to a
property developed under a development agreement to achieve public benefits, respond to
changing community needs, or encourage modifications that provide the functional
equivalent or adequately achieve the purposes of otherwise applicable City standards.
Pursuant thereto and during the Effective Period, the provisions of this Section 7 set forth
the development standards that differ from or supplement those standards set forth in the
City's development regulations. Accordingly, the following development standards shall
apply to and govern and vest the development, use, and mitigation of the Project in lieu of
any conflicting or different standards or regulations elsewhere in the development
regulations.
Page 4 of 15
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -6 of 19
Record Date:2/20/2018 3:15 PM King County, WA
a) Building Height: Increase the maximum building height from HDR standards of 45 feet to
70 feet as measured from grade plane to be consistent with Building Code standards.
b) Recreation Space standards: Reduce required Recreation Space standard to 15% of
residential area. Recreation space shall include a play structure made of durable materials
designed for small children that is installed on a rubberized surface with adequate fall
zone protection and a functional space for active play for older children, such as climbing
rocks and/or areas for ball -oriented play.
c) Parking Supply Standard: 1:1 stalls per unit.
d) Lot area per Unit: no minimum; density to be determined by the other standards, such as
height, parking, landscaping, etc.
e) Maximum Building Length: no maximum — to be determined during design review by
Board of Architectural Review
I) Development area coverage: 75%
g) Setbacks:
• Front: 6 feet
• Side: 25 feet for 4`h floor and higher
En exchange for the modified development standards stated herein, the Developer shall
provide the City a 20 -foot easement along the west Property line for a future street. Before
final approval for any site construction for the Project, the Developer shall grant the easement
to the City.
Section 8. Major and Minor Amendments - Development Agreement All proposed
amendments to the Agreement shall be considered in accordance with this Section.
a) Process. The Mayor may approve Minor Amendments to the Agreement proposed by the
City or Developer and mutually agreed to by the Parties. Such approval shall be in writing
and the resulting amendment shall be incorporated into this Agreement as an amendment.
The City Council may approve Major Amendments to the Agreement in accordance with
the same process for approval of the Agreement. A Major Amendment to the Agreement
approved by the City Council and mutually agreed to by the Parties shall be incorporated
into this Agreement as an amendment pursuant to Section 8 hereof.
b) Minor Amendment Defined A proposed amendment to the Agreement shall be considered
a minor amendment if the proposed amendment does not materially modify the size or scope
of this Project as defined by the Agreement.
c) Major Amendment .Defined A proposed amendment to the Agreement shall be considered a
Major Amendment if the proposed amendment does not constitute a Minor Amendment.
Page 5 of 15
Instrunrent Number: 20180220000993 Document:AG Rec: $92.00 Page -7 of 19
Record Date:2/20/2018 3:15 PM King County, WA
d) Determination. An application for a Minor Amendment shall be made to the Mayor or his
designee. The application shall describe the proposed Minor Amendment in sufficient detail
such that the Mayor,. or his designee, can determine whether the proposal qualifies as a
Minor Amendment. If the application does not provide sufficient information, the Mayor,
or his designee, may request additional information from the Developer or reject the
application. Upon receipt of sufficient information to determine if the proposal set forth in
the application constitutes a Minor Amendment, the Mayor, or his designee, shall determine
if the proposal constitutes a Minor Amendment. If the Mayor, or his designee, determines
that the proposed amendment is a Minor Amendment, the Amendment may be
administratively approved by the Mayor, or his designee, by noting the changes in the Land
Use File L17-0040.
If the Mayor determines that the proposal constitutes a Major Amendment, the Developer
shall submit the proposal in accordance with the same process for approval of an
Agreement, may withdraw its proposed amendment, or modify and re -submit its proposed
amendment.
The determination of the Mayor shall be a final decision.
Section 9. Further Discretionary Actions. The Developer acknowledges that the City's
development regulations contemplates the exercise of further discretionary powers by the
City. These powers include, but are not limited to, review of additional permit applications
under SETA and Design Review. Nothing in this Agreement shall be construed to limit the.
authority or the obligation of the City to hold legally required public hearings, or to limit
the discretion of the City and any of its officers or officials in complying with or applying
development regulations.
Section 10. Fccs.
a) Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement
may be increased by the City from time to time, and are applicable to relevant permits and
approvals for the Property.
h) Development and Impact fees are governed by the regulations and procedures set forth in
the Buildings and Construction and the Vehicles and Traffic Chapters of the Tukwila
Municipal Code (TMC 16.04, TMC 16.26, TMC 16.28 and TMC 9.48, as amended.) This
Project is eligible to apply for affordable housing impact and development fee reductions
through the procedures established in the TMC.
Section 11. Assignment of Interests, Rights, and Obligations. This Agreement shall be
recorded in the records of King County. The benefits, obligations and covenants
contained in this Agreement shall attach to and run with the land and be binding upon and
shall inure to the benefit of the heirs, successors and assigns of the, Developer and the
City, subject to the following:
a) No assignment or assumption in favor of a successor to Developer or a subsequent owner
of the Property shall be effective until the City, by action of the City Council, approves of
Page 6 of 1
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -8 of 19
Record Date:2/20/2018 3:15 PM King County, WA
the -successor, which such approval shall not be unreasonably withheld provided the
successor evidences the intent to undertake and complete the Project in the same or
substantially similar form as depicted on Exhibit. C hereto;
b) Any request for City approval of an assignment or assumption shall be in writing. If the
City wishes to disapprove any proposed assignment or assumption, the City shall set forth
in writing and in reasonable detail the grounds for such disapproval. If the City fails to
disapprove any proposed assignment within forty-five (45) calendar days after receipt of
written request for such approval, such assignment or assumption shall be deemed to be
approved.
The approval rights of the City set forth in Sections 11(a) and (b) shall terminate upon
issuance of a certificate of occupancy for the Project. Upon issuance of a building permit
for the Project, the benefits obligations, and covenants contained in the Agreement shall
attach to and run with the land and be binding upon and shall inure to the benefit of the
heirs. successors and assigns of the Developer.
This Agreement shall apply to after-acquired title of any owner of the Property.
Section 12. Termination. Nothing in this Agreement shall extend the expiration date of any
permit or approval issued by the City for the Project. This Agreement shall expire and/or
terminate as provided below:
a) This Agreement shall expire and be of no further .force and effect if the Developer has not
submitted and the City has not accepted a complete building permit application and a
building permit has not been secured for the Project within the Effective Period of this
Aercement.
Upon termination of this Agreement, the City shall record a notice of such termination in a form
satisfactory to the City Attorney that the Agreement has been terrninated.
Section 13. Performance. A party not in default under this Agreement shall have all rights
and remedies provided by law or equity, including without limitation damages, specific
performance, or writs to compel performance, or require action consistent with this
Agreement.
Section 14. Governing Law and Venue. This Agreement shall be construed and enforced
in accordance with the laws of the State of Washington. Venue for any action shall lie in
King County Superior Court.
Section 15. Attorneys' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, the prevailing Party
shall be entitled to any award of attorneys' fees and costs.
Section 16. Notice of Default/Opportunity to Cure/Dispute Resolution.
a) In the event a Party, acting in good faith, believes the other Party has violated the terms of
this Agreement, the aggrieved Party shall give the alleged offending Party written notice
Page 7of15
Instrument Number: 20180220000993 Document:AG Rec: 892.00 Page -9 of 19
Record Date:2/20/2018 3:15 PM King County, WA
of the alleged violation by sending a detailed written statement of the alleged breach. The
alleged offending Party shall have thirty (30) days from receipt of written notice in which
to cure the alleged breach unless the Parties agree, in writing, to additional time. This notice
requirement is intended to facilitate a resolution by the Parties of any dispute prior to the
initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to
meet and agree upon a process for attempting to resolve any dispute arising out of this
Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the
latter of (a) the end of the cure period or (b) the conclusion of any dispute resolution
process.
b) After notice and expiration of the thirty (30) day period or other period as agreed to by the
Parties, if such default has not been cured or is not being diligently cured in the manner set
forth in the notice, the other party to this Agreement may, at its option, institute legal
proceedings pursuant to this Agreement. In addition, the City may decide to file an action
to enforce the City's Codes, and to obtain penalties and costs as provided in the Tukwila
Municipal Code for violations of this Agreement and the Code.
Section 17. No Third -Party Beneficiaries. This Agreement is for the benefit of the Parties
hereto only and is not intended to benefit any other person or entity, and no person or entity
not a signatory to this Agreement shall have any third -party beneficiary or other rights
whatsoever under this Agreement. No other person or entity not a Party to this Agreement
may enforce the terms and provisions of this Agreement.
Section 18. Integration. This Agreement and its exhibits represent the entire agreement of
the parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein.
Section 19. Authority. The Parties each represent and warrant that they have full power
and actual authority to enter this Agreement and to carry out all actions required of them by
this Agreement. All persons are executing this Agreement in their representative capacities
and represent and warrant that they have full power and authority to bind their
organizations.
Section 20. Effect of ARrecment on Future Actions. Nothing in this Agreement shall
prevent the City Council from making any amendment to its Comprehensive Plan, Zoning
Code, Official Zoning Map, or development regulations affecting the Property.
Section 21. Notices. All communications, notices, and demands of any kind that a Party
under this Agreement requires or desires to give to any other Party shall be in writing and
either i.) delivered personally or ii.) dispatched by pre -paid first-class mail, certified, return
receipt requested and addressed as follows:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Page 8 of 15
Instrument Number: 20180220000993 Document:AG Rec: 892.00 Page -10 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Attention: Mayor's Office
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
1 1 Front Street South
Issaquah, WA 98027-3820
If to the Developer:
Bellwether Tukwila LLLP
c/o Bellwether Housing
1651 Bellevue Avenue
Seattle, WA 98122
Notice by hand shall be effective upon receipt. If deposited in the mail, notice shall be deemed
delivered 48 hours after deposited. The parties hereto may, from time to time, advise the other
of new addresses for such notices, demands or correspondence.
Section 22. Excusable Delay Force Majeure. In addition to specific provisions of this
Agreement and notwithstanding anything to the contrary in this Agreement, neither Party
shall be in default in the performance, or the failure of performance, of its obligations under
this Agreement, or in the delay of its performance, where such failure or delay is due to war,
insurrection, strikes, lock outs, or other labor disturbances, one or more acts of a public
enemy, riot, sabotage, blockade, embargo, flood, earthquake, fire, quarantine, lack of
transportation, court order delay, or failures of performance by any governmental authority
or utility company, so long as the Party seeking the extension has adequately complied with
the applicable processing requirements of such govenunental authority or utility company.
Lack of funds of Developer or inability to finance the construction of the development and
Developer's inability to lease the development are not causes beyond the reasonable control
or without the fault of Developer. The extension of time for any cause shall be from the
time of the event that gave rise to such period of delay until the date that the cause for the
extension no longer exists or is no longer applicable in each case as evidenced by a notice
from the Party claiming the extension. An extension of time for the duration of such event
will be deemed granted if notice by the Party claiming such extension is sent to the other as
to any of the above causes other than Permit Delays within 10 days from the commencement
of the cause and such extension of time is not rejected in writing by the other Party within
10 days of receipt of the notice. Such extension of time is referred to herein as Force
Majeure.
Section 23. Indemnification. Except as otherwise specifically provided elsewhere in this
Agreement and any Exhibits hereto, each Party shall protect, defend, indemnify, and hold
harmless the other Party and their officers, agents, and employees or any of them fi-orn and
against all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature
whatsoever that are caused by or result from any negligent act or omission of the Party's
own officers, agents, and employees in performing services pursuant to this Agreement. If
Page 9 of 15
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -11 of 19
Record Date:2/20/2018 3:15 PM King County, WA
any suit based upon such a claim, action, loss, or damage is brought against a Party, the
Party whose negligent action or omissions gave rise to the claim, shall defend the other
Party at the indemnifying Party's sole cost and expense. If final judgment be rendered
against the other Party and its officers, agents, and employees, or jointly the Parties and
their officers, agents, and employees, the Parties whose actions or omissions gave rise to
the claim shall satisfy the same, if in the evens of concurrent negligence each Party shall
indemnify and hold the other Parties harmless only to the extent of that Party's negligence.
The indemnification to the City hereunder shall be for the benefit of the City as an entity
and not for members of the public.
Section 24. Police Power. Nothing in this Agreement shall be construed to diminish,
restrict, or limit the police powers of the City granted by the Washington State Constitution
or by general law.
Section 25. Interpretation/No Presumption Against Drafter. The Parties intend this
Agreement to be interpreted to the full extent authorized by law as an exercise of the City's
authority to enter into development agreements pursuant to RCW 36.70B.170, et seq. This
Agreement has been reviewed and revised by legal counsel for both Parties and no
presumption or rule that ambiguity shall be construed against the party drafting the
document shall apply to the interpretation or enforcement of this Agreement.
Section 26. Headings. The headings in this Agreement are inserted for reference only and
shall not be construed to expand, limit or otherwise modify the terms and conditions of this
Agreement.
Section 27. Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the State
of Washington, then the time shall be extended automatically to the next business day.
Section 28. Legal Representation. In entering this Agreement, Developer represents that
it has been advised to seek legal advice and counsel from its attorney concerning the legal
consequences of this Agreement; that it has carefully read the foregoing Agreement and
knows the contents thereof, and signs the same of its own free act; and that it fully
understands and voluntarily accepts the terms and conditions of this Agreement.
Section 29. Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements oral or written.
[Signatures on Following Page]
Page 10 of 15
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -12 of 19
Record Date:2/20/2018 3:15 PM King County, WA
IN WITNESS WH.EREOF, the parties hereto have caused this Development Agreement to be executed
as of the dates set forth below:
STATE OF WASHINGTON )
) ss.
COUNTY OF K; v\-5 )
On this --L'\ day of
CITY OF TUKWILA
Allan Ekberg .7>t,' f CJu-i..e
Mayor C71t( M,h n/a ir''
APPROVED AS TO FORM:
I3y
City Attorney
F�10 r u` a c- , 2015, before nie personally
appeared p a G l: r , and said person acknowledged that ►e he
signed this instrument, on oath stated that Cfie she was authorized to execute the instrument, and
acknowledged as the S*-a�k-or of the City of Tukwila to be the free and voluntary
act or said party for the uses and purposes mentioned in this instrument.
Page 11 of 15
‘‘‘\"‘"‘"111
9 LA_s LAC' c^=
i
r II"""‘"..‘‘:‘4C4/
�t1
1WAS\,
u
Abce2 &,l.
Print name: Bac- a ro; S, So X -E r\
NOTARY PUBLIC in and for the State of
Washington
Residing at g -e v ..km W ek& k
Commission expires: 3 - ''1 —1 8
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -13 of 19
Record Date:2/20/2018 3:15 PM King County, WA
STATE OF WASHINGTON
) ss.
COUNTY OF KING
Developer:
Bellwether Tukwila LLLP,
a Washington limited liability limited partnership
By: HRG Development LLC
Its: General Partner
I certify that I know or have satisfactory evidence that J5{, is the person who
appeared before me and said person acknowledged that she signed this instrument, on oath stated that
she was authorized to execute the instrument and acknowledged it as the CEO of
Bellwether Housing, the sok member and manager of HRG Development LLC, the general partner of
Bellwether Tukwila LLLP, to be the free and voluntary act such nonprofit corporation on behalf of
such company on behalf of such partnership for the uses and purposes mentioned in the instrument.
DATED: 2
44/ >'= NOTARYs� o
iZi
PURL\ '
ra ♦ =,`O S
OF WAS04,"
Page 12 of 15
R
My appointment expires:
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -14 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Exhibit A
Map of the Property
Due to recording requirements please visit
www.tukwilawa.gov
Digital Records Center
Contracts and Agreements
Contract Number 18-028
Page 13 of 15
For any questions regarding this document contact the
Tukwila City Clerks Office206-433-1800
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -15 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Exhibit 1
Legal Description
PARCEL A:
LOT 7; BLOCK 2, THIRD ADDITION TO ADAMS HOME TRACTS, RECORED IN VOLUME
15 OF PLAT'S, PAGE 17, IN KING COUNTY, WASHINGTON.
King County Assessor' Fax parcels: 004300-0108 & 004300-0112
PARCEL B:
THE WEST 63 FEET OF LOT 8, BLOCK 2, THIRD ADDITION TO ADAMS HOME TRACTS,
ACCORDING TO .FLAT RECORDED IN VOLUME 15 OF PLATS, PAGE 17, RECORDS OF
KING COUNTY, WASHINGTON.
King County Assessor Tax parcel: 004300-0116
Page 14 of 15
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -16 of 19
Record Date:2/20/2018 3:15 PM King County, WA
Exhibit C
Conceptual Site Plan
Due to recording requirements please visit
www.tukwilawa.gov
Digital Records Center
Contracts and Agreements
Contract Number 18-028
Page 15 of 15
For any questions regarding this document contact the
Tukwila City Clerks Office 206-433-1800
Instrument Number: 20180220000993 Document:AG Rec: $92.00 Page -17 of 19
Record Date:2/20/2018 3:15 PM King County, WA
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2563.
On December 11, 2017 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 2563: 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 PROPOSED BELLWETHER HOUSING
DEVELOPMENT AGREEMENT FOR PARCELS A AND B AT 3481, 3703, 3705, AND
3707 S, 152ND STREET WITH ,BELLWETHER TUKWILA, LLLP, A WASHINGTON
LIMITED LIABILITY LIMITED PARTNERSHIP; 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: December 14, 2017
Exhibit A
Map of the Property
Page 13 of 15
Exhibit C
Conceptual Site Plan
IOTE — MUST MEET RECORDING LEGIBILITY STANDARDS]
i.
/ S. 152nd Strytre
eJtter naeza& Tweet rtspirove
TP75)144—
Vasa frontage
4
LAJ
16'-0") 2R'20"
_eve, garagt entry
pc:e-L, I unit
Ory /p..rc:ent'
1
0"
•
14
t
17
19
garage e -
/
f
r
genucator
eve ore'
ore
setback &
tanascape buffer
Page 15 of 15
ei two
sett
8 8 1 3'41.1L 8 5. 92
10'-0*
/
leve one
setback &
ianascape t
Exhibit C
Conceptual Site Plan
I ^r 52nd Stie'et�
-
i,
t•
,dopa .s:a-crape
105.9a ' aI' 1
1,1
r!
Frod.112
yr 6-Spotetory.Apartrnent
"(86.8 ditto},
1E, • �'i o' o'� 26j fY.'
Levet 1 a'1Qtiej entry
t<lt • 1h
t rN..
•
gr�,r� r fiy• �yi
r}� Ar{j�rFt K
.I :�
3 fro -accu5
6
Level Pkgorags, =-nrry
-. y j cr-fve yc ipob'J 2.X.0 sf-`—
•1 -'b"•
4,s- re', Ore' feel TNG
'e:ba CK 2. 5.cic7G Gs
lonc:ca2e DL fet
Page 15 of 15
�,,
/ A, C .�
/ j 1a
I. -\ 0
1
generates / "
! �/
�. ��.r /
..''''''—'="'":1-0'43-
r
Is . . ,1 o _o.
ag�) / /
7t0 k- 1e Yet Otte
0 a
0 set boc1 &
w t, 1ar;;.icope t
$1:5'46`7f 155.92