HomeMy WebLinkAbout2020 - Ord 2604 - City of Tukwila / Homestead Community Land Trust (Riverton Cascade Development Agreement) - 20200813001417Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -1 of 24
Record Date:8/13/2020 1:44 PM
Electronically Recorded King County, WA
Return Address:
Homestead Community Land Trust
412 Maynard Ave S
Seattle WA 98104
Attention: Eric Pravitz
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCw 65.04
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
Development Agreement by and between the City of Tukwila and Homestead Community Land Trust for the
Riverton Cascade Development.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials) THIS DOCUMENT IS RECORDED
City of Tukwila AS A COURTESY ONLY
FIRSTAMERICANTITLE INSURANCE CO
ASSUMES NO LIABILITY FOR
Additional names on page of document. SUFFICIENCY, VALIDITY ORACCURACY
t%m- 55 LI 7 4210
Grantee(s) (Last name first, then first name and initials)
Homestead Community Land Trust
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
POR NE 1/4 OF SE 1/4 BAAP ON E LN SD SUBD TH S 1-40-11 W 663.42 FT TO TPOB TH CONTG N 89-52-59 W 219.08 FT TH S 1-40-11 W 260.37 FT TH S 89-52-59
E 216 FT TH N 1-40-11 E 260 FT M/L TO TPOB PER QCD REC 0198404190606 & TUKWILA BLA L14-0075 REC 920150812900005
Additional legal is on page 16-17 (Exhibit A) of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned
162304-9060
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
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
obscur some part of the text of the original document.
Signature of Requesting Party
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19-132
Council Approval 5/6119
DEVELOPMENT AGREEMENT Ordinance 'No. 2604
BY AND BETWEEN THE CITY OF TUKWILA
AND HOMESTEAD COMMUNITY LAND TRUST FOR THE
. RIVERTON CASCADE DEVELOPMENT
L PREAMBLE
THISDEVELOPMENT AGREEMENT is made and entered into this / 7 day of
2019, by and between the City of Tukwila, a noneharter, optional code
Washingto municipal corporation, hereinafter the "City," and Homestead Community Land
Trust, a nonprofit corporation organized under the laws of the State of Washington, hereinafter the
"Developer." The Developer owns the Subject Property. The City and Developer are collectively
referred to in this Agreement as the "Parties," and individually as a "Party."
II. RECITALS
WHEREAS, development agreements between a local government and a person having
ownership or control of real property within its jurisdiction are authorized by RCW 36.70B.170(1.))
and 'Chapter 18.86 of the Tukwila Municipal Code (TMC); and
WHEREAS, a development agreement must set forth the Development Standards and other
provisions that shall apply to, govern and vest the development, use and mitigation of the
development of the real property for the duration specified in the agreement (RCW
36.70B.170(1)); and
WHEREAS, pursuant to RCW 36.708.170(1), a development agreement must be consistent
with the applicable development regulations adopted by a localgovernment planning under
chapter 36.70A RCW and the City's regulations, including but not limited to TMC 18.86.020, et.
seq.; and
WHEREAS, this Development Agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement" or "Agreement"), relates to the
development known as Riverton Cascade, which is located at: 3118 South 140th Street,
generally situated in the parcel behind the Riverton Park Methodist Church bounded on the
south by S. 140th Street and on the west by Military Road, King County Tax Parcel Number
162304-9060 (hereinafter the "Subject Property"); and
WHEREAS, the Developer is the owner of the Subject Property; and
WHEREAS, the Developer desires to develop, in the City, an Affordable Homeownership
Housing Project; and
WHEREAS, the Developerdesires to develop a housing project that incorporates
sustainability measures in the interest of both environmental responsibility and to promote
affordability through maximizing homeowners' ability to utilize renewable resources: and
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WHEREAS, the Developer assures the City that it will invest in the development, own the
land and manage the Project; is committed to involvement in the community; and has shown fiscal
stability and long term commitment to its mission; and
WHEREAS, the Developer intends to develop the Subject 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 80% of King County median income;
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
a Countywide need, by supporting regional affordable housing development and preservation
efforts and this Project will provide affordable housing for low to moderate income households;
and
WHEREAS, the Developer's conceptual site plan for the Project is depicted on Exhibit C,
but the City and Developer understand that except as provided for herein, the Project is subject to
all City reviews and permits that may require the modification of the plan as contemplated herein;
and
WHEREAS, a development agreement must be approved by ordinance or resolution after a
public hearing (RCW 36.70B.200); and
WHEREAS, a public hearing for this Development Agreement was held on April 22, 2019,
and the City Council approved this Development Agreement by Ordinance No. 2604 on May 6,
2019;
NOW THEREFORE, in consideration of the mutual promises set forth here, the parties hereto
agree as follows:
III. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property 'as
an Affordable Homeownership Housing Project on approximately 62,291 square feet. The Project
will consist of a 20 -parcel unit lot subdivision of which 18 will be developed for Cottage -Style
Single -Family Residences. The remaining two lots are for parking and for open common area.
The parking parcel will consist of 36 parking spaces, some which are covered and have electric
car charging stations. The open common area parcel will be located in the center of the homes and
will include walkways, gardens, recreation and playgrounds. The 18 residences will be
approximately 1,385 to 1,600 square feet per unit, two-story structures with a mix of 3- and 4 -
bedroom units.
Section 2. The Subject Property. The Subject Property is legally described in Exhibit A
and depicted in Exhibit B, attached hereto and incorporated herein by this reference.
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Section 3. Definitions. As used in this Development Agreement, the following terms,
phrases and words shall have the meanings and be interpreted as set forth in this Section.
a) "Adopting Ordinance" means the Ordinance which approves this Development
Agreement, as required by RCW 36.70B.200.
b) "Affordable Housing" means the standard HUD definition of low to moderate
income (LMI) as defined by HUD.
c) "Affordable Homeownership Housing Project" means a development in which at
least 60% of the dwelling units will be sold at affordable sales prices to households
earning less than 80% of Area Median Income as defined by HUD.
d) "BARS" means the city of Tukwila's Board of Architectural Review.
e) "Commons" means that open common area lot or parcel located in the center of the
Residential Parcels and including walkways, gardens, recreation and playgrounds.
f) "Cottage -Style Single Family Residence" means an individual unit within a grouping of
small, single family dwelling units clustered around a common area and developed with
a coherent plan for the entire site.
g) "Council" means the duly elected legislative body governing the City of Tukwila.
h) "Design Guidelines" means the Tukwila Design Manual, as adopted by the City.
i) "Development Standards" means, without limitation, all of the standards listed in RCW
36.70B.170(3).
j) "Director" means the City's Community Development Director.
k) "Effective Date" means the effective date of the Adopting Ordinance.
1) "Existing Land Use Regulations" means the ordinances adopted by the City Council of
Tukwila in effect on the Effective Date, including the adopting ordinances that govern
the permitted uses of land, the density and intensity of use, and the design, improvement,
construction standards and specifications applicable to the development of the Subject
Property, including, but not limited to the Comprehensive Plan, the City's Official
Zoning Map and development standards (including without limit the amount and
payment of impact fees imposed, reimbursement provisions, developer financial
contributions, inspection fees and dedications agreed to in this Agreement consistent with
RCW 36.70B.170), the Design Manual, the Public Works Standards, SEPA,
Concurrency Ordinance, and all other ordinances, codes, rules and regulations of the City
establishing subdivision standards, park regulations, and building standards. Existing
Land Use Regulation does not include non -land use regulations, expressly including
taxes.
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m) "Home Owner" is the party who has acquired a portion of the Subject Property or a
residential structure located on the Subject Property from the Developer who, unless
otherwise released as provided in this Agreement, shall be subject to the applicable
provisions of this Agreement. The "Developer" is identified in Part III, Section 5 of this
Agreement.
n) "HOA" means homeowners' association.
o) "Infrastructure Improvements" means access drive, parking lot and electrical, sewer,
water, and stormwater connections.
p)
q)
"Parking Parcel" means the parcel of land containing 36 parking spaces located on the
western portion of the site.
"Project" means the anticipated development of the Subject Property, as specified in Part
III, Section 1, and as provided for in all associated permits/approvals, and all incorporated
exhibits.
r) "Residential parcel" means each lot that will contain a residence.
s) "Vesting date" means the effective date of this agreement.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal description of the Subject Property.
b) Exhibit B — Map showing Subject Property.
c) Exhibit C — Conceptual Site Plan of the Project.
d) Exhibit D — Zoning Comparison Standards
e) Exhibit E — Site Plan Lot Subdivisions
Section 5. Parties to Development 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 Homestead Community Land Trust, a Washingtonnonprofit
corporation, whose principal office is located at 412 Maynard Avenue South, Suite 201,
Seattle, WA 98104.
c) The "Home Owner." From time to time, as provided in this Agreement, the Developer
may sell or otherwise lawfully dispose or transfer a portion of the Subject Property or a
structure located on the Subject Property to a Home Owner who, unless otherwise
released, shall be subject to the applicable provisions of this Agreement related to such
portion of the Subject Property or structure located on the Subject Property.
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Section 6. Project is a Private Undertaking. It is agreed among the parties that the Project
is a private development and that the City has no interest therein except as authorized in the
exercise of its governmental functions or as explicitly outlined in this Agreement. It is agreed
among the parties that the Developer, and any and all contractors selected by the Developer, are
not acting as agents of the City. Neither Developer nor City is, nor will they be deemed to be, for
any purpose, the agent, representative, contractor, subcontractor or employee of the other by reason
of this Agreement.
Section 7. Effective Date and Term. This Agreement shall commence upon the effective
date of the Adopting Ordinance approving this Agreement (a copy of which Adopting Ordinance
shall be appended hereto upon passage), and shall continue in force for a period of five years from
that date, unless extended or terminated as provided herein. Following the expiration of the term
or extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject
however, to post -termination obligations of the Developer or Landowner.
Section 8. Terms. TMC Section 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 term of this Agreement, the provisions of this Section set forth
the development standards that differ from or supplement those standards set forth in the City's
Existing 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 Existing Development
Regulations.
a) Density: There is no density standard in the City of Tukwila's LDR (Low Density
Residential) development regulations, just a minimum lot size requirement of 6,500
square feet per lot. Under the LDR the Subject Property could house up to 9 lots
(depending on lot layout and access). The proposed density of the development of the
Project on the Subject Property will provide for 18 residential lots and each lot will hold
one Cottage -Style Single Family Residence on it. The Project also includes a Commons
parcel and a Parking parcel. See Exhibit C, "Site Plan," which shows the layout of the
18 residential lots, the Commons parcel and the Parking parcel. See Exhibit D, "Zoning
Comparison Standards," for comparison of Project proposed Standards to current LDR
Development Standards.
b) Lot Dimension are shown in Exhibit E, "Site Plan Lot Subdivisions." The square foot
area per lot is a reduction in minimum lot size from the LDR. The Project's residential
lot sizes range from 1,367 to 2,214 square feet; see Exhibit E's Lot Subdivision Schedule
Legend. The Commons lot is 9,189 square feet and the Parking lot is 13,481 square feet.
Required lot width in the LDR zone is 50 feet. Lot width at the Project will be a minimum
of 27 feet.
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c) Setbacks: Required front yard setbacks in the LDR zone are 20 feet, and 15 feet from a
porch or deck. The front yard setbacks for the Project will be minimum 2 feet, with an
average of 7 feet. Front setbacks from porches or decks will be a minimum of 2 feet,
with an average setback of 6 feet. Front yards will face the Commons lot or Parking lot.
Required side yard setbacks in the LDR zone are 5 feet. Side yard setbacks for the Project
will be 3 feet. Required rear yard setbacks for the LDR zone are 10 feet. Rear yard
setbacks for the Project will be a minimum of 5 feet.
d), Lot Coverage: Maximum lot coverage allowed in the LDR zone is 35%. Maximum lot
coverage at the Project will be 75%.
e) Parking: The project will have the Code required 36 onsite parking spaces.
f) Private access road from the public street to the subject property shall be paved minimum
20 feet wide to support fire apparatus; unless waiver is obtained from the City's Fire
Marshal and Director of Public Works.
g)
The required perimeter landscape buffer in the LDR zone is 10 feet for side and rear
yards. This requirement will be waived for the access drive and pedestrian Safe Route
to School pathway on the eastern property line and in the access easement over the
Riverton United Methodist Church property.
h) Subdivision: The entitlement process to be used for the Unit Lot Subdivision to create
the Residential Parcels, Parking Parcel and Commons Parcel will be a process under
TMC Section 17.14.060, provided that the review applies the development standards,
vested land use regulations and other provisions contained in this Development
Agreement in the event there are inconsistencies between the Development Agreement
and TMC Section 17.14.060.
i) Construction of the Infrastructure Improvements of the Project shall be commenced or
bonded in accordance with TMC Section 17.24.030 within three years of the effective
date of this Development Agreement, or this Development Agreement becomes null and
void.
j)
The build -out time (certificate of completion of the last home) for the Project will be five
years from the date of the subdivision approval.
k) A Homeowners Association (HOA) will be created prior to the issuance of and shall
become effective and operational immediately upon the first certificate of occupancy for
a residence in the Project. The HOA will be responsible for the management of the
association of the 18 homes, Commons and the parking lot.
I) Review process: The Project will apply for design review under the Board of
Architectural Review (BAR). The BAR will apply this Development Agreement to their
review of the Project and shall be the decision maker for design review; preliminary plat
and final plat.
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Section 9. Vested Rights. During the term of this Agreement, unless sooner terminated in
accordance with the terms hereof, in developing the Subject Property consistent with the Project
described herein, Developer is assured, and the City agrees, that the development rights,
obligations, terms and conditions specified in this Agreement, are fully vested in the Developer
and may not be changed or modified by the City, except as may be expressly permitted by, and in
accordance with, the terms and conditions of this Agreement, including the Exhibits hereto, or as
expressly consented thereto by the Developer.
Section 10. Major and Minor Modifications. Modifications from the approved permits or
the exhibits attached hereto may be approved as outlined below:
A. Minor Modifications. A proposed modification to the permits or exhibits shall be
considered a minor modification if the proposal does not materially modify the size or scope of
the Project as defined by the Agreement. The Mayor or his/her designee may approve minor
modifications upon submission of a written application by the Developer describing the proposal
in sufficient detail to determine whether the proposal qualifies as a minor modification. If the
application does not provide sufficient information, the Mayor or his/her designee may request
additional information from the Developer or reject the application. If the Mayor or his/her
designee determines that the proposal qualifies as a minor modification, the modification may be
administratively approved by noting the changes in Land Use File L19-0035. Minor modifications
will include, but are not limited to, changes in the layout and location of houses on each lot,
provided that the number of residential lots and the Commons and Parking Iots remain the same.
B. Major Modifications. A proposed modification to the permits or exhibits shall be
considered a major modification if the proposal does not constitute a minor modification. If the
Mayor or his/her designee determines that the proposal constitutes a major modification, the
Developer shall submit the proposal for an amendment to this Agreement by following the process
established by law for the adoption of a development agreement in accordance with Part IV,
Section 15. Major modifications will include, but not be limited to, a change in the number of
residential, Parking or Common area lots.
C. The Mayor's determination on modifications shall be a final decision of the City for
purposes of RCW 36.70C, the Land Use Petition Act.
Section 11. Further Discretionary Actions. Developer acknowledges that the Existing
Land Use Regulations contemplate the exercise of further discretionary powers by the City. These
powers include, but are not limited to, review of additional permit applications under the City's
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 Existing Land Use Regulations.
Section 12. Existing Land Use Fees and Impact Fees.
A. Land use and building permit application 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
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applicable to land use and construction permits and approvals for the Subject Property, as long as
such fees apply to similar applications and projects in the City.
B. All impact fees shall be paid as set forth in the approved permit or approval, or as
addressed in chapters 9.48, 16.04, 16.26 and 16.28 of the Tukwila Municipal Code, except that the
Affordable Housing units will be granted an exemption from 80% of the applicable transportation,
fire, and parks impact fees and Land Use, Building and Public Works permit fees, provided that
they comply with the criteria in TMC Sections 9.48, 16,04, 16.26 and 16.28.
Section 13. Building Permit Review. Provided that the Developer provides a bond or other
surety device allowed in the Tukwila Municipal Code ensuring that the Infrastructure
Improvements will be completed prior to construction of the Cottage Style Single Family
Residences, the City agrees to review applications for building permits for the Project prior to the
construction of Infrastructure Improvement.
IV. GENERAL PROVISIONS
Section 1. Assignment of Interests, Rights, and Obligations. This Agreement shall be
binding and inure to the benefit of the Parties. No Party may assign its rights under this Agreement
without the written consent of the other Party, which consent shall not unreasonably be withheld
provided that Developer is permitted to assign its rights to an LLC which is wholly owned by
Developer. This Agreement shall be binding upon and shall inure to the benefit of the heirs,
successors, and assigns of Developer and the City.
Section 2. Incorporation of Recitals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully
set forth herein.
Section 3. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion or the invalidity of
the application thereof to any person or circumstance, shall not affect the validity of the remainder
of this Agreement, or the validity of its application to other persons or circumstances.
Section 4. Termination. 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 fails
to submit a complete building permit application for the Project within 5 year(s), if the Project
construction is not substantially underway prior to expiration of such permits and/or approvals, or
upon expiration of any building permit issued by the City. Nothing in this Agreement shall extend
the expiration date of any permit or approval issued by the City for any development.
B. This Agreement shall terminate upon the expiration of the term identified in Part III,
Section 7 or when the Subject Property has been fully developed, whichever first occurs, and all
of the Developer's obligations in connection therewith are satisfied as determined by the City.
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 terminated. This Agreement shall
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automatically terminate and be of no further force and effect as to any single-family residence, any
other residential dwelling unit or any non-residential building and the lot or parcel upon which
such residence or building is located, when it has been approved by the City for occupancy.
C. This Agreement shall terminate upon the abandonment of the Project by the Developer.
The Developer shall be deemed to have abandoned the Project upon written notice to the City of
the intent to abandon.
D. This Agreement may terminate pursuant to Part IV, Section 3, "Severability," or Part IV,
Section 10, "Default," or as otherwise outlined in this Agreement.
Section 5. Effect upon Termination on Developer Obligations. Termination of this
Agreement as to the Developer of the Subject Property or any portion thereof shall not affect any
of the Developer's obligations to comply with the City Comprehensive Plan and the terms and
conditions or any applicable zoning code(s) or subdivision map or other land use entitlements
approved with respect to the Subject Property, any other conditions of any other development
specified in the Agreement to continue after the termination of this Agreement or obligations to
pay assessments, liens, fees or taxes.
Section 6. Effects upon Termination on City. Upon any termination of this Agreement as
to the Developer of the Subject Property, or any portion thereof, the entitlements, conditions of
development, limitations on fees and all other terms and conditions of this Agreement shall no
longer be vested hereby with respect to the property affected by such termination (provided that
vesting of such entitlements, conditions or fees may then be established for such property pursuant
to then -existing planning and zoning laws).
Section 7. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any party in default hereof.
Section 8. 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 or the U.S. District Court for Western Washington.
Section 9. 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 an award of attorneys' fees.
Section 10. 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 of the
alleged violation by sending a detailed written statement of the alleged breach. The alleged
offending Party shall have 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
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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.
13. After notice and expiration of the cure period, if such default has not been cured or is not
being diligently cured in the manner set forth in the notice, the other party or Landowner 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 Development Agreement and the
Code.
C. Within 14 days of either party providing notice of an alleged breach, Developer shall
notify any lenders with lien rights on the Property of the alleged breach, and provide them with a
copy of the notice of alleged breach.
Section 11. No Third -Party Beneficiaries. Except as provided herein, 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. Except as provided herein, no other person or entity
not a Party to this Agreement may enforce the terms and provisions of this Agreement.
Section 12. 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 13. Authority. The Parties each represent and warrant that they have full power and
actual authority to enter into 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 respective organizations.
Section 14. Covenants Running with the Land. The conditions and covenants set forth in
this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits
and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner and
every purchaser, assignee or transferee of an interest in the Subject Property, or any portion thereof,
shall be obligated and bound by the terms and conditions of this Agreement, and shall be the
beneficiary thereof and a party thereto, but only with respect to the Subject Property, or such
portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall
observe and fully perform all of the duties and obligations of a Developer contained in this
Agreement, as such duties and obligations pertain to the portion of the Subject Property sold,
assigned or transferred to it.
Section 15. Amendment to Agreement; Effect of Agreement on Future Actions. This
Agreement may be amended by mutual consent of all of the parties, provided that any such
amendment shall follow the process established by law for the adoption of a development
agreement (see, RCW 36.70B.200). However, nothing in this Agreement shall prevent the City
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Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning
Map or development regulations affecting the Subject Property during the term of this Agreement,
as the City Council may deem necessary to the extent required by a serious threat to public health
and safety. Nothing in this Development Agreement shall prevent the City Council from making
any amendments of any type to the Comprehensive Plan, Zoning Code, Official Zoning Map or
development regulations relating to the Subject Property upon termination of this Agreement.
Section 16. Releases. Developer, and any subsequent Landowner, may free itself from
further obligations relating to the sold, assigned, or transferred property, provided that the buyer,
assignee or transferee expressly assumes the obligations under this Agreement as provided herein.
Section 17. Notices. Notices, demands, correspondence to the City and Developer shall be
sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as
designated in Part III, Section 5 or upon hand -delivery. Notice to the City shall be to the attention
of the City Administrator, City Attorney and City Clerk. Notices to subsequent Landowners shall
be required to be given by the City only for those Landowners who have given the City written
notice of their address for such notice. The parties hereto may, from time to time, advise the other
of new addresses for such notices, demands or correspondence.
Section 18. Reimbursement for Agreement Expenses of the City. Developer agrees to
reimburse the City for actual expenses incurred over and above fees paid by Developer as incurred
by City directly relating to this Agreement, including recording fees, publishing fees and
reasonable staff and consultant costs not otherwise included within application fees. This
Agreement shall not take effect until the fees provided for in this section, as well as any processing
fees owed to the City for the Project are paid to the City. This Agreement shall be terminated if
the Developer does not pay to the City the fees provided for in this section. Upon payment of all
expenses, the Developer may request written acknowledgement of all fees. Such payment of all
fees shall be paid, at the latest, within 30 days from the City's presentation of a written statement
of charges to the Developer.
Section 19. 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 20. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a party or a Landowner to challenge
this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit
or individual claims in the lawsuit to Developer and/or Landowner(s). In such event, Developer
and/or such Landowners shall hold the City harmless from and defend the City from all costs and
expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but
not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing
party or parties in such litigation. The Developer and/or Landowner shall not settle any lawsuit
without the consent of the City. The City shall act in good faith and shall not unreasonably
withhold consent to settle.
11
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -13 of 24
Record Date:8/13/2020 1:44 PM King County, WA
Section 21. No Presumption Against Drafter. 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 22. 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 23. Recording. Developer shall record a Memorandum of this Agreement with the
King County Auditor, pursuant to RCW 36.70B.190, no later than 14 days after the Effective Date.
Section 24. Legal Representation. In entering into 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 25. Transfers and Assignments.
A. Binding. This Agreement shall be binding upon and inure to the benefit of the successors
and assigns of Developer and upon the City.
B. Assignment. The parties acknowledge that the Project may be assigned or transferred to
a sole member limited liability company who will own and/or develop the Property, common area
and buildings thereon. Upon the transfer under this Section, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement, and Developer released
of liability with respect to such portion as has been assigned and assumed.
i. Transfers Not Requiring Consent. Developer shall have the right to assign or
transfer all or any portion of the respective interests, rights or obligations under this Agreement or
in the Project to a sole member limited liability company acquiring an interest or estate in all or
any portion of the Property, including transfer of all interests through foreclosure (judicial or
nonjudicial) or by deed in lieu of foreclosure, without notice or consent from the City, if the
transfer is within the scope of one of the following: (a) any property that has been established as
a separate legal parcel, provided that the transferee assumes in writing all obligations of Developer
pertaining or proportionate to the parcel being transferred, and the transferee has not breached a
similar written agreement with, or obligation to, another municipal corporation; or (b) a transfer
where Developer has bonded for, or provided other suitable assurance of performance, of all
conditions set forth in the Agreement that are applicable to the parcel that is being transferred.
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -14 of 24
Record Date:8/13/2020 1:44 PM King County, WA
ii. Transfers Requiring Consent. Any transfer that is not within the scope of Part IV,
Section 1, shall not release Developer from its obligations under this Agreement unless the City
has consented in writing to such transfer. The City shall not unreasonably withhold, condition, or
delay its consent, and in the event the City withholds, conditions, or delays consent, the City shall
provide express findings therefore. The City agrees to cooperate in executing such documentation
as reasonably necessary to evidence any obligations under this Agreement that have been satisfied
with respect to a piece of Property that is proposed for transfer.
iii. Release of Liability. If the conditions for assignment are met under this subsection,
then from and after the date of transfer, Developer shall be released of all liabilities and obligations
under this Agreement that arise in relation to events occurring after the date of transfer and that
are associated with the portion of Property being transferred.
Section 26. Estoppel Certificate. Within 30 days following any written request which any
party or a Mortgagee may make from time to time, the other party to this Agreement shall execute
and deliver to the requesting person a statement certifying that: (a) this Agreement is unmodified
and in full force and effect, or stating the date and nature of any modification; and (b) to the best
knowledge of the certifying party (i) no notice of default has been sent under Part IV, Section 10
of this Agreement or specifying the date(s) and nature of the notice of such default; and (ii) no
written notice of infraction has been issued in connection with the Project. Failure to deliver such
statement to the requesting party within the 30 -day period shall constitute a conclusive
presumption against the party failing to deliver such statement that this Agreement is in full force
and effect without modification (except as may be represented by the requesting party) and that
there are no notices of default nor infraction (except as may be represented by the requesting party).
The delivery of an estoppel certificate on behalf of the City pursuant to this section shall be deemed
an administrative matter and shall not require legislative action. The City shall not have any
liability to the requesting party or to any third party for inaccurate information if it provides the
estoppel certificate in good faith and with reasonable care.
Section 27. Delays. If either party is delayed in the performance of its obligations under this
Agreement due to Force Majeure, then performance of those obligations shall be excused for the
period of delay.
Section 28. Severability. Invalidation or unenforceability of any provision of this
Agreement shall in no way invalidate or nullify the balance of this Agreement. If any provisions
of this Agreement are determined to be unenforceable or invalid by a court . of competent
jurisdiction, then this Agreement shall thereafter be modified to implement the intent of the parties
to the maximum extent allowable under law. If a court finds unenforceability or invalidity of any
portion of this Agreement, the parties agree to seek diligently to modify the Agreement consistent
with the court decision, and no party shall undertake any actions inconsistent with the intent of this
Agreement until the modification to this Agreement has been completed. If the parties do not
mutually agree to modifications within 45 days after the court ruling, then either party may initiate
the dispute resolution proceedings in Part IV, Section 10.A for determination of the modifications
which implement the intent of this Agreement and the court decision.
13
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -15 of 24
Record Date:8/13/2020 1:44 PM King County, WA
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to
be executed as of the dates set forth below:
OWNER/DEVELOPER:
Its/ c�c.e7 lam/ cZ)i)-C
/0"/34? �.�,C "7
STATE OF WASHINGTON )
ss.
COUNTY OF k;v1A }
On this '
personally appeared
the within and foregoing instrument, and a knowledged the said instrument to be his/her free and
voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he/she
is authorized to execute said instrument.
CITY OF TUKWILA
By
ATTEST:
By
64"City Clerk
APPROVED AS TO FORM:
ByqA y�
City Attorney
day ofw ,n S -f , 2019, before me
to me knwn to be the individual that executed
11 Jlfi 4 0 Il 4 a
4 ZHi WEN SU
Notary Public
State of Washington
My Appointment Expires
Aug 11. 2021
asstroarextrirsgsmarNswilim
Print name: 2 NI 1,4 X14 SO
NOTARY PUBLIC in and for the State of Washington
C
Residing at - (�;_. oN-ie
Commission expires: 0 / +' f'Z'- 1
14
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -16 of 24
Record Date:8/13/2020 1:44 PM King County, WA
STATE OF WASHINGTON )
) ss.
COUNTY OF Y\5 )
On this - ., ` S ` day of 5-e. gyp- e vv,\o. r- , 2019, before me
personally appeared \ \ ot v� : Eb .e-c-� , and said person acknowledged tha a he
signed this instrument, on oath stated tha (pi`he was authorized to execute the instrumen and
acknowledged as the ' VV IA„ v, o r of the City of Tukwila to be the free and
voluntary act of said party for the uses and purposes mentioned in this instrument.
1
Print name': ° $a W., a r Stir k --o
NOTARY PUBLIC in and for the State of Washington
Residing at -ev`-o r , W
Commission expires: 3
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -17 of 24
Record Date:8/13/2020 1:44 PM King County, WA
EXHIBIT A
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16,
TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
THE EAST 216 FEET IN WIDTH OF THE FOLLOWING:
BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER;
THENCE NORTHERLY ALONG THE EASTERLY LINE THEREOF, 695 FEET TO THE TRUE POINT OF
BEGINNING OF THE TRACT HEREIN DESCRIBED;
THENCE WESTERLY, ALONG A LINE PARALLEL TO THE NORTHERLY LINE OF SAID SUBDIVISION,
620 FEET, MORE OR LESS, TO THE EASTERLY LINE OF THE ORIGINAL OLD MILITARY ROAD;
THENCE SOUTHEASTERLY ALONG SAID ORIGINAL LINE, TO ITS INTERSECTION WITH THE
EASTERLY LINE OF THE NEW LOCATION OF MILITARY ROAD AS NOW LAID OUT AND
ESTABLISHED;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF NEW LOCATION OF MILITARY ROAD,
TO ITS INTERSECTION WITH A UNE 300 FEET SOUTH OF AND PARALLEL TO THE FIRST COURSE
OF THIS DESCRIPTION;
THENCE EASTERLY ALONG SAID PARALLEL LINE, 510 FEET, MORE OR LESS, TO THE EASTERLY
LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTHERLY ALONG SAID EASTERLY LINE, 300 FEET, MORE OR LESS, TO THE TRUE POINT
OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING ATA POINT ON THE EAST LINE OF SAID SECTION 16, SOUTH 01'40'11" WEST 673.42
FEET FROM THE EAST QUARTER CORNER THEREOF;
THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE EASTERLY LINE OF
MILITARY ROAD AND THE TERMINUS OF SAID DESCRIBED LINE;
TOGETHER WITH THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 16, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS:
BEGINNING ATA POINT ON THE EAST LINE OF SAID SECTION 16, DISTANT SOUTH 01'40'11"
WEST, 663.42 FEET FROM THE EAST QUARTER CORNER THEREOF;
THENCE CONTINUING SOUTH 01°40'11" WEST 10 FEET;
THENCE NORTH 89°52'59" WEST 619.26 FEET, MORE OR LESS, TO THE NORTHEASTERLY MARGIN
OF MILITARY ROAD AS ESTABLISHED ON JULY 3, 1962;
THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT WHICH BEARS NORTH 89°52'59"
WEST FROM THE POINT OF BEGINNING;
THENCE SOUTH 89°52'59" EAST TO THE POINT OF BEGINNING;
EXCEPTTHAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 16;
THENCE SOUTH 01°40'11" WEST ALONG THE EAST LINE OF SAID SUBDIVISION 673.42 FEET;
THENCE NORTH 89°52'59" WEST 216.08 FEET TO A POINT 216 FEET FROM SAID EAST LINE, AS
MEASURED AT RIGHT ANGLES;
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -18 of 24
Record Date:8/13/2020 1:44 PM King County, WA
THENCE CONTINUING NORTH 89°52'59" WEST 3.00 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 89°52'59" WEST 395.57 FEET, MORE OR LESS, TO THE EASTERLY
LINE OF MILITARY ROAD;
THENCE NORTH 19°45'42" WEST ALONG SAID EASTERLY LINE OF MILITARY ROAD 12.73 FEET;
THENCE SOUTH 89°42'01" EAST 400.19 FEET;
THENCE SOUTH 01°40'11" WEST 10.70 FEET TO THE TRUE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page-19 of 24
Record Date:8/13/2020 1:44 PM King County, WA
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -20 of 24
Record Date:8/13/2020 1:44 PM King County, WA
(1)
—i
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m
z
03
K
HOMESTEAD
Ca a.mu.ity
1,11111 Ttgst
PRRQIECT:
RIVERTON CASCADE
HOMEOWNERSHIP PROJECT
SAGEAR1.LIIANUCAE
1402 THIRD AVENUE, SUITE 912
SEATTLE, WA 95101 T 206-420-1551
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -21 of 24
Record Date:8/13/2020 1:44 PM King County, WA
EXHIBIT D
Comparison of Current Riverton Cascade Proposal to Zoning Standards
LDR Development Standards — TMC 18.10.060
Landscape — TMC 18.52.030
Standard
Current Code
Proposed @ Riverton
Lot area, minimum
6,500 sq. ft.
1,310 sq. ft.
Dwelling Units per Acre
LDR 6.7 du/net acre
12.6 du per net acre
Average lot width (min.
20 ft street frontage
width), minimum
50 feet
29 feet (min 27 ft width)
Development Area,
maximum (only for
single family
development)
75% on lots Tess than 13,000
sq. ft. up to a maximum of
5,850 sq. ft.
75%
Maximum
1,500 sq. ft.
Setbacks to yards
Setbacks from property line
• Front
20 ft
2 ft, Average 7 ft , Facing Internal
Commons or Parking Lot
• Front, decks or
porches
15 ft
2 ft, Average 6 ft , Facing Internal
Commons or Parking Lot
• Second front
10 ft
5 ft
• Sides
5 ft
3 ft
• Rear
10 ft
5 ft facing school, 10 ft facing
private lot line
Housing Type
LDR Single Family
Single Family Cottage
House Size
HOP Duplex 1,500 Max
1,350 SF, 1,500 SF,
Height, maximum
LDR 30 ft
30 ft
Off-street parking
LDR & MDR
2 spaces - 3 bedroom house
3 spaces - 4 bedroom house
Housing Options Program
1.5 spaces up to 1,000 SF
2 spaces over 1,000 SF
36 On Site/18units w/2 Spaces
per unit
Maximum building
footprint
LDR 35% of lot area
75% maximum, average 60% of
lot area
Parking Lot Landscape
Area of Landscape
15 sq ft per stall
15 sq ft per stall, 5 ft wide islands
Supplemental Development Standards — TMC 18.50.050
Standard
Proposed @ Riverton
Set upon a permanent foundation
Meets Code
Thermally equivalent to State's energy code
Exceeds Code
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -22 of 24
Record Date:8/13/2020 1:44 PM King County, WA
Exterior siding residential in appearance
Meets Code
Front door facing the front or second front
Faces parking or common open space
Roofing material residential in appearance with
minimum roof pitch 5:12
Meets Code
February 10, 2019
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -23 of 24
Record Date:8/13/2020 1:44 PM King County, WA
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2604.
On May 6, 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 2604: 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 RIVERTON CASCADE
DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER
1623049060 WITH HOMESTEAD COMMUNITY LAND TRUST, A NON PROFIT
CORPORATION; 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: May 9, 2019
Instrument Number: 20200813001417 Document:AG Rec: $126.50 Page -24 of 24
Record Date:8/13/2020 1:44 PM King County, WA
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Washington
Ordinance Noe
kc
-1
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 RIVERTON CASCADE
DEVELOPMENT AGREEMENT FOR KING COUNTY TAX
PARCEL NUMBER 1623049060 WITH HOMESTEAD
COMMUNITY LAND TRUST, A NON PROFIT CORPORATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 36.70B.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 Homestead Community Land Trust wish to enter
into a Development Agreement for King County tax parcel number 1623049060, a map
and description of which are attached hereto as included in Exhibit 1; and
WHEREAS, as required pursuant to Tukwila Municipal Code Section 18.86.050, a
public hearing was conducted on the 22nd day of April 2019 to take public testimony
regarding this Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to this City Ordinance No. 2604, 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: Legislative Development\DA-Homestead housing project 4-23-19
MD:bjs Review and analysis by Barbara Saxton
Page 1 of 2
Section 1. Riverton Cascade Development Agreement by and between the City of
Tukwila and Homestead Community Land Trust, a copy of which is attached hereto as
Exhibit 1, is hereby approved, and the Mayor is authorized and directed to execute said
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 w day of yr At , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flf erty, MMC, City Clerk
APPROVED AS TO FORM BY:
R-achei-B-T-urpirr, City Attorny
ddirriAr
Allan E':erg,Mayor 7
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Exhibit 1: Development Agreement, plus its associated Exhibits A thru E
W: Legislative Development\DA-Homestead housing project 4-23-19
MD:bjs Review and analysis by Barbara Saxton
Page 2 of 2