HomeMy WebLinkAboutCAP 2012-03-12 COMPLETE AGENDA PACKETCity of Tukwila
Distribution:
K. Hougardy
Mayor Haggerton
Community Affairs
A Ekberg
A. Ekberg
D. Cline
C. O'Flaherty
Parks Committee
D Seal
D. Robertson
S. Kerslake
K. Mate Mate j
J. Pace
O Kathy Hougardy, Chair
R. still
O Joe Duffie
O Allan Ekberg
AGENDA
MONDAY, MARCH 12 2012
CONFERENCE ROOM #3, 5:00 PM
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Riverton Development Agreement.
Jack Pace, Community Development Director
b. A contract to accept a grant in the amount of
$50,000 for the Duwamish Hill Preserve.
Rick Still, Parks Recreation Director
3. ANNOUNCEMENTS
4. MISCELLANEOUS
a. Forward to 3/26 C.O.W. Pg.1
and 4/2 Regular Mtg.
b. Forward to 3/26 C.O.W.
Next Scheduled Meeting: Monday, March 26, 2012
S The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 (tukclerk @tukwilawa.gov) for assistance.
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks
FROM: Jack Pace, Community Development Director
DATE: March 7, 2012
SUBJECT: Riverton Development Agreement -12909 East Marginal Way South
ISSUE
Should the City of Tukwila enter into a Development Agreement with Riverton LLC for the
construction of a mixed use development at 12909 East Marginal Way South?
BACKGROUND
On February 13, 2012, the Community Affairs and Parks (CAP) Committee was briefed on the
terms of a possible Development Agreement (DA) between the City of Tukwila (City) and
Riverton LLC (Developer) for the construction of a mixed use building at 12909 East Marginal
Way South.
A detailed memo was provided to CAP at the February 13 meeting that outlined the main
terms of the DA. A copy of that memo, which is dated February 7, 2012 (Attachment A), as are
the CAP Committee minutes from the February 13, 2012 meeting (Attachment B)'.
Parkinq
One of the main concerns expressed at the February 13 CAP meeting was the issue regarding
reducing the minimum parking requirements for the project and the potential impacts to the
adjoining residential areas. The Developer is proposing a total of 39 on -site parking stalls. An
additional 12 parking stalls will be installed along the right of way (ROW) of East Marginal Way.
This provides the project a total of 51 parking stalls. Under the Zoning Code the parking for the
proposed use would be 59 -60 stalls.
On March 6, 2012, the applicant provided the City a Parking Demand Analysis prepared by a
Civil Engineer for the proposed project (Attachment J). According to the Parking Demand
Analysis the proposed building will have a peak parking demand of 47 spaces. The peak
demand would occur in the evening and early mornings. The report also recommends that a
bus schedule kiosk and bike parking be provided.
Staff has also required that the applicant prepare a Parking Agreement (Attachment 1) which will
be recorded against the property as an exhibit to the DA. The Parking Agreement outlines how
the parking on the site will be distributed to the various tenants on the site.
1 The attachments referenced in the February 7th Memo to CAP have been provided
as part of this Informational Memorandum.
INFORMATIONAL MEMO
Page 2
Specifically the Parking Agreement notes the following:
34 of the 39 on -site parking stalls will be dedicated to the residential units;
Five parking stalls shall be designated for use by guests and employees of the commercial
tenants. Nine of the residential parking stalls shall be open from the hours of 9am to
5pm Monday- Friday for use by the commercial tenants.
Each one bedroom unit will be provided one parking stall and two stalls will be provided for
two bedroom units;
The building owner will issue parking permits for tenants on the site;
Parking of recreation vehicles, boats and trailers on the site is prohibited.
DISCUSSION
The memo to CAP dated February 7 th outlines the reasons for moving the DA forward. As for
the parking issue, staff believes that the applicant has provided sufficient control measures to
ensure that there are no impacts to the adjacent residential uses. As designed, the proposed
project will allow all residential units to have designated on -site parking stalls. The commercial
tenants of the site will have some on -site parking stalls, but would be able to use the on- street
parking for their customers. Such an arrangement is typical of an urban environment. The
applicant's Parking Demand Analysis states that at peak demand the proposed building will
require 47 parking stalls. With the off -site and on street parking, the proposed project will
provide 51 parking stalls.
At the March 12, 2012 CAP meeting, staff asked that the Developer provide a briefing on the
impacts of the parking, if any, to the adjacent residential areas. Staff has also asked that the
Developer provide examples of similar projects with the same parking ratio as is being proposed
for the Riverton project.
RECOMMENDATION
The Council is being asked to approve the Development Agreement and consider this item at
the March 26, 2012 Committee of the Whole meeting and subsequent April 2, 2012 Regular
Meeting. A public hearing will be conducted at the March 26 Committee of the Whole meeting.
If CAP's concerns regarding parking remain, staff would suggest that the Committee hold the
matter over until the City has hired its own expert to complete a Parking Analysis.
ATTACHMENTS
A. Community Affairs and Park Memo dated February 7, 2012
B. Meeting Minutes from the February 13, 2012 CAP Meeting
C. Aerial Photo of Site
D. Ordinance, with Proposed Development Agreement
E. Legal description of the Subject Property
F. Site Plan showing proposed Development
G. Conceptual Plan showing proposed right of way improvements
H. Conceptual Elevations showing proposed design of building
I. Parking Covenant for Subject Property
J. Parking Demand Analysis
WA2012 Info Memos Council \RivertonDA3- 12- 12CAP.doc
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Attachment A
City of Tu_ kwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Brandon J. Miles, Senior Planner
DATE: February 7, 2012
SUBJECT: Riverton Development Agreement -12909 East Marginal Way South
ISSUE
The purpose of tonight's meeting is to provide Community Affairs and Parks "CAP an
overview of the major terms of a possible Development Agreement "DA between the City of
Tukwila "City and Riverton LLC "Developer'. A final copy of the DA will be provided to CAP
on February 27, 2012. The goal of this evening's meeting is to get final input from CAP before
proceeding with the final document.
BACKGROUND
On March 14, 2011, the Committee of the Whole was briefed on a property owner who has
approached the City about entering into a development agreement for the construction of a
Leadership in Energy Environmental Design "LEED certified, mixed use building at 12909
East Marginal Way South (see attached map). At that meeting staff provided the Council an
overview of the issues that are proposed to be addressed in the development agreement.
The issues briefed at the March 14 meeting included
Parking
The property owner is proposing a three story, mixed use building. The ground floor along East
Marginal Way will have commercial tenants, which will include a small restaurant. Residential
dwelling units (mixture of one and two bedrooms) will be included on the first, second and third
floors. The City's parking regulations require that a total of 63 -64 stalls be provided for the
proposed uses. The exact number would be based on whether the applicant chooses office or
retail tenants.
The property owner is proposing to install 39 parking stalls on site and will create an additional
11 stalls along East Marginal Way South. Thus, the total number of parking stalls proposed for
the development is 50. This creates a deficiency of 13 -14 parking stalls. In order to construct
the on- street parking the applicant will be required to complete full frontage improvements along
their property and the adjacent school district (bus parking) property.
Typically, the City would use the parking variance process to address the issue presented by
this development. However, City code prohibits the issuance of a parking variance when the
project is within 300 feet of a single family zone. It's unclear if this 300 feet requirement is
based on path of travel or simply by distance.
How Development Agreement Will Address Parkino:
The Development agreement will address parking on the site by allowing the property owner to
have a required parking ratio of 1.5 stalls for every one residential unit in lieu of the standard
code requirement of 2 stalls per unit. When Council was briefed on the proposed parking
INFORMATIONAL MEMO
Page 2
reduction in March some concern was expressed with not having enough parking onsite for the
residential units. This issue has been resolved by reducing the number of residential units. The
required parking for the commercial operations will be located on East Marginal Way.
Additionally, the commercial units could use the onsite parking during the daytime hours.
To further address parking on the property, the applicant has proposed a document which will
be recorded against the property that outlines how parking will be assigned and how the
property owner will manage the parking. The terms of this document are currently being worked
out and will be provided to the Council at the February 27, 2012 CAP meeting.
Split Zoning
A parcel that is part of this development has split zoning, Low Density Residential (LDR) and
Neighborhood Commercial Center (NCC). Tukwila Municipal Code (TMC) 18.08.040 provides
an avenue for addressing this type of situation.
"Where a district boundary line divides a lot which was in single ownership at the time of
passage of this Title, the Hearing Examiner may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the
district line into the remaining portion of the lot".
The property owner petitioned and the Hearing Examiner approved extending the NCC zoning
onto the LDR zoned portion. However, that approval has expired. The property owner could
request that the Hearing Examiner reapprove the project; however this would add cost and time
to the project.
How Development Agreement Addresses Split Zoning:
Under the DA, the City Council will approve extending the NCC zoning onto the LDR zoned
portion of the property. When Council was briefed in March of 2011 there did not seem to be
any concern with this approach.
Streamlined Land Use Approval
When the City Council was initially briefed on the proposed development project, DCD
discussed the various public hearings that would be required for the project. Not only would the
project be required to complete a public hearing before the City Council acts on the DA, but a
public hearing would also be required before the Board of Architectural Review. The City
Council supported the idea of allowing the applicant to instead proceed with the proposed
project by having only one public hearing which would be before the City Council. If the City
Council approves the DA, they would also be approving the proposed elevations and conceptual
site plan.
How Development Agreement Addresses Streamlined Land Use Approval:
The DA will waive the requirement that the developer obtain design review approval for the
proposed project. All other land use reviews and construction permits are required.
First Floor Usage
The NCC zone allows mixed use buildings; however the code is unclear if the first floor may
have residential units. TMC 18.22.050 (13) states that multi- family units are allowed above
office and retail uses. The applicant is proposing to have retail uses fronting along East
Marginal Way, but would have first floor residential units facing the interior of the lot. At this
WA2012 Info Memos- Coundl\RivertonDkdoc
INFORMATIONAL MEMO
Page 3
location it would not seem feasible to require retail and /or office in the back part of the property
without a street presence.
How the Develooment Agreement Addresses First Floor Usage:
The DA will allow the developer to have first floor residential units behind the commercial
spaces that will front directly on East Marginal Way South. This approach did not cause any
concerns when Council was initially briefed.
Consideration Provided by the Applicant to the City
In consideration of the City granting the DA, the developer has agreed to seek LEED
certification for the proposed building and construct frontage improvements along East Marginal
Way South. Staff briefed the Council about the consideration being provided at the March 2011
Committee of the Whole meeting.
LEED Certification and LID Standards
LEED certification is an environmental certification for new and existing buildings. Approval of
LEED certifications is done by the US Green Building Council. There are varying degrees of
certification ranging from simply, "LEED" Certified to "Platinum Status The developer will seek
"silver" certification. The TMC does not allow the City to mandate LEED or other green
construction certifications. It is only through the DA that the City can mandate that the proposed
building be LEED certified.
How the Development Agreement Address LEED Certification.
The DA will be structured to have the developer provide the city a financial guarantee of
$10,000. This financial guarantee will be returned to the developer once LEED certification is
achieved.
In the event that the developer is unable to achieve LEED certification the financial guarantee
will be forfeited and the City will credit the $10,000 to the City's Stream Team Fund.
Frontage Improvements along East Marginal Way South
Much of the right of way of East Marginal Way is deficient and does not meet City code. The
developer has agreed to construct full frontage improvements, including installing on- street
parking along approximately 300 feet of East Marginal Way. The ROW that will be improved will
also include that part of East Marginal Way that borders the adjacent bus parking lot for the
Tukwila School District.
How the Development Agreement Addresses Frontage Imorovements:
The DA will specify that the developer will install full frontage improvements along East
Marginal Way South. Without the DA, the City would not be able to require that the applicant
install the frontage improvements along the School District property. If the applicant pursued a
project that did not utilize a DA, the City could only require frontage improvements along the
portion of East Marginal Way that bordered the project site.
As is typical practice, the frontage improvements must be installed before the City will issue the
final certification of occupancy for the new building.
WA2012 Info Memos- Cound]\RivertonDkdoc
INFORMATIONAL MEMO
Page 4
Other Issues
In order to create a unique building the property owner had originally requested some deviations
from the required front setbacks along East Marginal Way however since that time modifications
to the TMC that resolve the issues with setbacks have been adopted.
Staff would like to highlight some other points of the DA that were not included in the March
2011 Committee of the Whole briefing:
1. Identification of Protect: The DA specifies that the developer must market and advertise
the project as being located in the City of Tukwila.
2. Pavment of Fees: In order to compensate the City for City staff time and legal fees in
working on the DA, the developer is required to pay the City $5,000. All other
development fees (building and land use) are required at the time the applicable
application is submitted to the City.
DISCUSSION
The proposed development highlights some issues with the current Zoning Code regulations
and these issues should be ultimately addressed with amendments to the TMC which would
clarify the City Council's intent. Yet, the time it takes to process the code amendments would
impact a developer who is ready to build, thus the need for a Development Agreement.
The DA attempts to address some of the parking concerns that Council had at the March 2011
Committee of the Whole meeting. There is sufficient on -site parking to accommodate the
residential units at a ratio of 1.5 parking stalls per unit.
Unless specifically addressed in the DA, the developer shall comply with all the City's
Development regulations, including building, fire, public works, land use and signage
regulations. With the exception of design review, the developer shall obtain all required permits
and land use approvals. The review approach outlined in the DA allows for public comments to
the City Council, but will streamline the applicant's review process if the DA is approved by the
Council
RECOMMENDATION
The goal of this evening's meeting is to provide the Council a final briefing of the proposed DA
before staff completes the final document. Staff recommends that the DA be referred to the
February 27, 2012 Community Affairs and Parks Committee meeting for review of the specific
language of the DA. If there are no concerns at that meeting, staff would suggest the DA is
scheduled for the March 12, 2012 Committee of the Whole meeting for a public hearing and the
March 19, 2012 Regular Council meeting for possible action.
ATTACHMENTS
Aerial Photo of Site
Site Plan
Proposed Site Plan of Right of Way Improvements Along East Marginal Way
Proposed Conceptual Elevations
WA2012 Info Memos- CoundIlRivertonDA.doc
Attachment B
Communitv Affairs Parks Committee Minutes
February 13, 2012 Paae 2
E. Development Aereement: Riverton Development
As directed by the City Council (see Community Affairs Parks Committee minutes dated February 28,
2011, and Council minutes dated March 14, 2011), staff has been working on a development agreement with
Riverton LLC regarding the property at 12909 East marginal Way South.
Prior to finalizing the draft development agreement, staff is bringing this item forward to Cormnittee for a
brief summary and review of the agreement to gauge any concerns or additional changes that need to be
made. Items of the agreement that staff highlighted included:
Parking
Split Zoning
Streamlined Land Use Approval
First Floor Usage
LEED Certification
Frontage Improvements
Project Identification (market and advertise as being located in Tukwila)
Compensation for Development Agreement Work
Committee Members continued to express concern regarding parking availability. Staff's intent is to return to
a future Community Affairs Parks Committee meeting to review the draft agreement in more detail and
seek Coirunittee recommendation. At that time, a more in depth discussion will take place regarding the
Committee's parking concerns. Time was limited for discussion do to an MPD meeting at 6:00 p.m.
INFORMATION ONLY.
III. MISCELLANEOUS
Meeting adjourned at 5:55 p.m.
Next meeting: Monday, February 27, 2012 5:00 p.m. Conference Room #3
Committee Chair Approval
Mintrt45!by t %Aw- Reviewed by BM.
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Attachment C
Project Site
Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the
contributor supplied under license and may not be approved except as licensed by Digital Map Products.
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Attachment D
U.,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TUKWILA AND RIVERTON DEVELOPMENT,
A LIMITED LIABILITY COMPANY ORGANIZED UNDER THE STATE
OF WASHINGTON, REGARDING THE DEVELOPMENT OF LAND
(KING COUNTY PARCEL NOS. 2384200055 AND 7345601005)
LOCATED ALONG EAST MARGINAL WAY SOUTH; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Riverton Development, LLC has proposed to construct a Leadership in
Energy and Environmental Design (LEED) certified, mixed -use building in the Riverton
neighborhood of the City of Tukwila; and
WHEREAS, this form of development is consistent with Tukwila's Comprehensive
Plan Goals and Policies for this area; and
WHEREAS, the City of Tukwila desires to allow this demonstration project to modify
certain development standards in return for public benefits; and
WHEREAS, the City and the Developer wish to create a development that is a
model example for environmental stewardship for mixed -use projects within the City;
and
WHEREAS, the Washington State legislature has authorized the execution of a
development agreement between a local government and a person having ownership or
control of real property within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, a development agreement must set forth the development standards
and other provisions that shall apply to and 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, a development agreement must be consistent with the applicable
development regulations adopted by a local government planning under chapter 36.70A
RCW (RCW 36.7013.170(1)); and
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WHEREAS, for the purposes of this development agreement, "development
standards" include, but are not limited to, all of the standards listed in RCW
36.70B.170(3); and
WHEREAS, this Development Agreement by and between the City of Tukwila and
the Developer (hereinafter the "Development Agreement relates to the development
known as Riverton Development, which is located at 12909 East Marginal Way
(hereinafter the "Subject Property as described in Exhibit "A and
WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code
Section 18.08.040 allows the City to extend the zoning line on a property that contains
split zoning; and
WHEREAS, pursuant to RCW 36.7013.190, this ordinance and the Development
Agreement shall be recorded with the real property records of the county; and
WHEREAS, pursuant to RCW 36.7013.200, on March 26, 2012, the City Council
held a public hearing regarding the Development Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Development Agreement Adopted. The Development Agreement
between the City of Tukwila and Riverton Development Limited Liability Company, a
copy of which is attached to this ordinance as Exhibit "A," is hereby adopted.
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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment: Exhibit A Development Agreement
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DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF TUKWILA
AND RIVERTON DEVELOPMENT, LLC, FOR THE
RIVERTON DEVELOPMENT
I. PREAMBLE
THIS DEVELOPMENT AGREEMENT is made and entered into this day of
2012, by and between the City of Tukwila, a noncharter, optional code
Washington municipal corporation, hereinafter the "City," and Riverton Development, a limited
liability company organized under the laws of the State of Washington, hereinafter the
"Developer."
IL RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of a development
agreement between a local govenmrent and a person having ownership or control of real property
within its jurisdiction (RCW 36.70B.170(1)); and
WHEREAS, Riverton Development, LLC has proposed to construct a LEED certified, mixed
use building in the Riverton Neighborhood of the City of Tukwila; and
WHEREAS, this form of development is consistent with Tukwila's Comprehensive Plan
Goals and Policies for this area; and
WHEREAS, the City of Tukwila desires to allow this demonstration project to modify
certain development standards in return for public benefits; 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, for the purposes of this development agreement, "development standards"
include, but are not limited to, all of the standards listed in RCW 36.70B.170(3); and
WHEREAS, a development agreement must be consistent with the applicable development
regulations adopted by local government planning under chapter 36.70A RCW (RCW
36.70B.170(1)); and
WHEREAS, this development agreement by and between the City of Tukwila and the
Developer (hereinafter the "Development Agreement relates to the development known as
Riverton Development, which is located at: 12909 East Marginal Way as described in Exhibit
"A" (hereinafter the "Subject Property and
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WHEREAS, the Subject Property has split zoning and Tukwila Municipal Code 18.08.040
allows the City to extend the zoning line on a property that contains split zoning; and
WHEREAS, the City and the Developer wish to create a development that is a model
example for environmental stewardship for mixed use projects within the City; 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 March 26, 2012.
and the City council approved this Development Agreement by Ordinance No. on
NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereto agree as follows:
III. AGREEMENT
Section 1. The Project. The Project is the development and use of the Subject Property,
consisting of approximately .58 acres in the City of Tukwila. The Project will be mixed use,
consisting of residential and non residential use with associated parking.
Section 2. The Subject Property. The Project site is legally described in Exhibit "A"
attached hereto and incorporated herein by this reference.
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) "Council" means the duly elected legislative body governing the City of Tukwila.
c) "Design Guidelines" means the Tukwila Multi Family Design Manual, as adopted by
the City.
d) "Director" means the City's Community Development Director.
e) "Effective Date" means the effective date of the Adopting Ordinance.
0 "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, the Multi Family Design Manual, the Public Works Standards, SEPA,
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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, such as taxes and impact fees.
g) "Landowner" is the party who has acquired any portion of the Subject Property from
the Developer who, unless otherwise is released as provided in this Agreement, shall be subject
to the applicable provisions of this Agreement. The "Developer" is identified in Section 5
below.
h) "Project" means the anticipated development of the Subject Property, as specified in
Section l and as provided for in all associated pennits /approvals, and all incorporated exhibits.
i) "Vesting date" means the Effective Date of this Agreement as defined above.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A Legal description of the Subject Property.
b) Exhibit B Site Plan showing proposed Development.
c) Exhibit C Conceptual Plan showing proposed right of way improvements.
d) Exhibit D Conceptual Elevations showing proposed design of building.
e) Exhibit E Parking Covenant for Subject Property.
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" or Owner is a private enterprise which owns the Subject Property in
fee, and whose principal office is located at 3723 South 126th Street, Tukwila, WA 98168.
c) The "Landowner." From time to time, as provided in this Agreement, the Developer
may sell or otherwise lawfully dispose of a portion of the Subject Property to a Landowner who,
unless otherwise released by the City, shall be subject to the applicable provisions of this
Agreement related to such portion of the Subject Property.
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 goverimental functions.
Section 7. Effective Date and Term. This Agreement shall commence upon the effective
date of the Adopting Ordinance approving this Agreement, and shall continue in force for a
period of two (2) years unless extended or terminated as provided herein. Following the
expiration of the tern or extension thereof, or if sooner terminated, this Agreement shall have no
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force and effect, subject however, to post termination obligations of the Developer or
Landowner.
Section 8. 'Perms.
A. Planning and Develo>ment.
1) Parking. The Project will install 39 onsite automobile parking stalls as shown in
Exhibit B and shall install 12 parking stalls along the right of way of East Marginal
Way South as generally depicted in Exhibit C. Parking can include both tandem
stalls and compact stalls. The City will permit no more than 50 percent of the parking
stalls to be compact stalls. The parking lot must also include the number of
accessible stalls required by the Washington State Building Code. Accessible parking
stalls meeting the requirements of applicable code provisions shall be included in the
39 parking stall total. The Developer shall install a bus infonmation kiosk and a
minimum of five spaces for bike parking.
2) Environmental Certification. The Developer agrees that it will seek Leadership in
Energy Environmental Design (hereinafter "LEED certification. Within 30 -days of
mutual execution of this agreement, the Developer shall provide the City a financial
guarantee of $10,000. The City shall return the financial guarantee once the
Developer provides certification that the building has achieved LEED Silver
Certification. If LEED Silver Certification is not achieved before expiration of this
Agreement, the Developer shall forfeit the financial guarantee and the City agrees to
use the fields to support environmental restoration and educational projects.
3) Sulit Zoning. The City agrees that the zoning and development standards for the
Neighborhood Commercial Center (hereinafter: "NCC Zoning District shall apply
to the entire property, including that portion of the property that is zoned Low
Density Residential (hereinafter "LDR In the event that the building is demolished
or destroyed, the underlying zoning regulations in effect at the time of demolition or
destruction of the building shall govern any future development. Provided, should
Landowner or Developer choose to recreate the Project as specified in this Agreement
and as previously approved by the City, NCC Zoning shall continue to apply.
4) Restricted Usage. Given that the City has granted a reduction in the required number
of parking stalls on the site, the following uses on the subject site are strictly
forbidden under this Development Agreement:
I. Any non residential uses that have a parking demand of more than 1 stall
per 100 square feet of usable floor area as listed in Figure 18 -7 of the
Zoning Code Title 18.
ii. Storage of household items such as upholstered furniture and indoor
appliances on outdoor patios is prohibited. The developer and future
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landowners agree to include this restriction in all future lease agreements
with tenants.
iii. The Developer, Landowner and every purchaser, assignee or transferee of
an interest in the Subject Property, or any portion thereof agree to abide by
the restrictions on usage stated above for thirty years after the effective
date of the Adopting Ordinance approving this Agreement. The
restrictions on usage shall survive the termination of this Agreement.
5) Design.
The Developer agrees to construct the building to the overall appearance
shown in Exhibit D. No changes shall be made to the approved design
shown in Exhibit D without further approval by the City Council; except
that the Director is authorized to approve minor, insignificant
modifications which have no impact on the project design. The final
elevations, provided as part of any permit process shall meet all applicable
building, fire, public works, and other code requirements.
ii. The City agrees that the Project's initial construction will not require a
Design Review approval. Once the Project's initial construction is
complete, remodeling or additions to the Project will be subject to the
City's design review requirements as they currently exist or as may be
amended in TMC Title IS.
iii. The Developer, Landowner and every purchaser, assignee or transferee of
an interest in the Subject Property, or any portion thereof agree to abide by
the Design standards and restrictions stated above for thirty years after the
effective date of the Adopting Ordinance approving this Agreement. The
restrictions in usage shall survive the termination of this Agreement.
B. Public Works. The Developer agrees to install right of way improvements, including
curb, gutter, sidewalk, and bike lanes as generally depicted in Exhibit C. The final design shall
be approved by the Director of Public Works. Construction of the improvements shall meet all
City standards and be installed before issuance of a certificate of occupancy for the subject
building.
Section 9. Identification of Project. The Developer and any future landowner, agree that
when marketing, advertising, or promoting the Subject Project that they will refer to the Project
as being located in the City of Tukwila. The Developer, Landowner and every purchaser,
assignee or transferee of an interest in the Subject Property, or any portion thereof agree to abide
by this obligation as stated above for thirty years after the effective date of the Adopting
Ordinance approving this Agreement. This obligation shall survive the termination of this
agreement.
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Section 10. Vested Rights.
A. During the tern of this Agreement, unless sooner terminated in accordance with the
terns hereof, in developing the Subject Property consistent with the Project described herein,
Developer is assured, and the City agrees, that the development rights, obligations, terns 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
tenors and conditions of this Agreement, including the Exhibits hereto, or as expressly consented
thereto by the Developer.
B. This Development Agreement only covers those specific development standards
addressed herein. The City's Development Regulations, including building, fire, public works,
zoning, and signage regulations shall govern unless specifically addressed in this Agreement. No
vesting is created by this Agreement for any other development regulation that is not included in
this Agreement.
Section 11. Permits Required. With the exception of the design review approval, the
Developer and future landowner shall obtain all required pen
Section 12. Minor Modifications. Minor modifications from the approved pen or the
exhibits attached hereto may be approved in accordance with the provisions of the City's code,
and shall not require an amendment to this Agreement.
Section 13. 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
SEPA. 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 14. Existing Land Use Fees and Impact Fees.
A. Land use, Building, Fire, Public Works and sign 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 pen 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 Chapter 9.48 of the Tukwila Municipal Code.
IV. GENERAL PROVISIONS
Section l.. 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
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be withheld. This Agreement shall be binding upon and shall inure to the benefit of the heirs,
successors, and assigns of Riverton Development, LLC 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. Severabilitv. 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 development
contemplated in this Agreement and all of the permits and /or approvals issued by the City for
such development are not substantially underway prior to expiration of such pennits and /or
approvals. Nothing in this Agreement shall extend the expiration date of any pen or approval
issued by the City for any development.
B. This Agreement shall expire and be of no further force and effect if the Developer
does not construct the Project as contemplated by the permits and approvals identified in this
Agreement, or submits applications for development of the Subject Property that are inconsistent
with such permits and approvals.
C. This Agreement shall terminate either upon the expiration of the tern identified in
Chapter III Section 7 or when the Subject Property has been fully developed and all of the
Developer's obligations in connection therewith are satisfied as determined by the City, which
ever first occurs. Upon tennination of this Agreement, the City shall record a notice of such
tennination in a form satisfactory to the City Attorney that the Agreement has been terminated.
D. This Agreement shall terminate upon the abandonment of the Project by the
Developer. The Developer shall be deemed to have abandoned the Project if a building pennit
for construction of the building approved in this Agreement is not submitted to the City within
two years of the date of this Agreement.
E. This Agreement may terminate pursuant to Section 3 Severability or Section 10
Default.
Section 5. Effect upon Termination on Developer Obligations. Tennination 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 tenns 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 or restrictions specified in
the Agreement to continue after the tennination of this Agreement, or obligations to pay
assessments, liens, fees or taxes. The payment for process of the Development Agreement as
outlined in Section IS- shall survive.
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Section 6. Effects upon Termination on Citv. Upon any tennination 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 tern 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. Attornevs' Fees. In the event of any litigation or dispute resolution process
between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled
to any 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
terns 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 thirty (30) days from receipt of written notice in which to cure
the alleged breach.. 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 tenors of this Agreement shall not be filed until the
latter of (a) the end of the 30 day cure period'or (b) the conclusion of any dispute resolution
process.
B. After notice and expiration of the thirty (30) day 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.
Section 11. 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.
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Section 12. Inteeration. This Agreement and its exhibits represent the entire agreement of
the parties with respect to the subject matter hereof There are not other agreements, oral or
written, except as expressly set forth herein.
Section 13. Authoritv. 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 Runnine 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 teens 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. A copy of the fully executed Development Agreement shall be
recorded with King County.
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
Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning
Map or development regulations affecting the Subject Property during the next five years, 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 five years from the anniversary date of
the Effective Date 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 1.7. Notices. Notices, demands, or correspondence to the City and Developer shall
be sufficiently given if dispatched by pre -paid first -class mail to the addresses provided by the
executing parties below. Notice to the City shall be to the attention of both the City
Administrator and the City Attorney. 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.
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Section 18. Expenses and Fees. Developer agrees to reimburse the City for actual expenses
incurred over and above fees paid by Developer as an applicant that are incurred by City and that
directly relate to this Agreement, including recording fees, publishing fees and reasonable staff
and consultant costs not otherwise included within application fees. In addition, in consideration
of the significant City staff time spent drafting and reviewing this Development Agreement, and
of the substantial benefit the Developer is receiving in the form of a streamlined land review
process, the Developer shall provide the City with $5,000. 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. The Developer agrees that it is responsible for the payment of all
City fees (land use permit fees, development pen fees, public works permit fees, sign pen
fees, fire permit fees and other applicable fees) for the Project that are charged in the same
manner to other properties and applicants of Tukwila. 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 thirty (30) days from the City's presentation of a written
statement of charges to the Developer. The obligation of the Developer to pay all fees incurred
shall survive the termination of this Agreement.
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 Partv 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. This section shall survive the termination of this Agreement.
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 ternis and conditions of this
Agreement.
Section 23. Recording. Developer shall record an executed copy of this Agreement with
the King County Auditor, pursuant to RCW 36.7013.190, no later than fourteen (14) days after
the Effective Date and shall provide the City with a conformed copy of the recorded document
within thirty (30) days of the Effective Date.
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Section 24. Le6a1 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 as its own free act; and that it fully understands and
voluntarily accepts the terms and conditions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Development Agreement to be
executed as of the dates set forth below:
OWNER/DEVELOPER:
By
Its
Riverton Development LLC
3723 South 26th. Street
Tukwila, WA 98168
CITY OF TUKWILA
By:
Jim Haggerton, Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98168
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney
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STATE OF WASHINGTON)
ss.
COUNTY OF
On this day of 2012, before me
personally appeared to me known to be the individual that
executed the within and foregoing instrument, and aclulowledged 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.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
STATE OF WASHINGTON)
ss.
COUNTY OF KING
On this day of 2012, before me
personally appeared JIM HAGGERTON, and said person acknowledged that he /she signed this
instrument, on oath stated that he /she was authorized to execute the instrument, and
acknowledged as the MAYOR of the City of Tukwila to be the free and voluntary act of said
party for the uses and purposes mentioned in this instrument.
Print name:
NOTARY PUBLIC in and for the State of
Washington
Residing at
Commission expires:
12
ZADCD n Clerk's \Brandon \Riverton DA \FINAL DA, REVIEWED BY CA, 2012.03.06.doc
x
Attachment E
RIVERTON DEVELOPMENT
ADDRESS: 12909 EAST MARGINAL WAY SOUTH
TUKWILA, WA 98168
ZONE: NCC NEIGHBORHOOD COMMERCIAL CENTER
PARCEL #'S: SOUTH LOT 734560 -1005
NORTH LOT 238420 -0055
LEGAL DESCRIPTION: SOUTH LOT:
RIVERTON ADD S 55 FT OF N 165 FT OF 25 -26 ALL
TR 12 ESSICO ADD LESS ST
NORTH LOT:
ESSICO ADD TO RIVERTON LOTS 11 13 OF VAC
PLAT OF ESSICO ADD TO RIVERTON TGW POR VAC
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Attachment I
Riverton Apartments Parking Agreement
Parking provided per Developer's Agreement
39 on -site stalls (9 tandem, 2 ADA)
34 stalls will be dedicated to residential tenants
5 additional on -site stalls will be dedicated to visitor parking (guests, maintenance vehicles, employee parking, etc.)
Street improvements will be made to provide for 12 additional on- street stalls along the west side of E. Marginal Way
South.
Shared Parking
In order to alleviate demand for street parking and ensure cars do not impact the surrounding neighborhood streets, Nine (9)
designated on -site stalls shall be signed and available for commercial use from the hours of 9am -5pm Mon -Fri, excluding
holidays. Permitted cars of residential tenants shall have priority. (See site plan exhibit)
Resident Parking Contract Terms
Prior to the issuance of a parking permit, residents are required to review and acknowledge their understanding of the parking
rules (this document is also incorporated herein as part of the lease).
Permits and Availability
One parking permit per one bedroom unit may be issued. Two parking permits per two- bedroom unit may be issued.
Short term permits shall be available to guests and maintenance vehicles on 8 -hr or 24 -hr cycle. Users should apply with the
manager prior to parking.
Parking permits are not transferable to another resident, non resident, vehicle, or other individual, etc. Unidentified vehicles
may be immediately towed.
All vehicles must appropriately display the required parking permits as instructed by the manager. Alternate locations for
placement may be available.
Lost or stolen parking permits may be reissued at a cost of $25. If damage to a permit occurs, the manager should be
immediately notified so the damage to the sticker can be verified. Please contact your manager before selling your vehicle or
otherwise replacing it, the parking enforcement contractor will consider the vehicle to be in violation if the proper permit is not
attached.
Manager may ask for visual vehicle verification and proof of registration prior to issuing a parking permit. The license plate of
the vehicle must always match the vehicle make, model, and parking permit. Do not attempt to transfer the permit to another
vehicle. If the vehicle is replaced then you must notify the manager in writing AND the manager should be present when the old
permit is removed or destroyed or another permit may not be issued. A $25 fee may be applied if this is not properly
addressed.
The parking of trailers, utility vehicles, snowmobiles, boats, RV's, vehicles of family members, vehicles that occupy more than
one space, and vehicles parked inappropriately in compact spaces, etc. are all prohibited. Note: vehicles may not park in
compact spaces if the bumper of the vehicle extends more than 12" beyond the end of the painted parking line or if it
otherwise obstructs traffic.
Long term parking or vehicle storage is not allowed. This is identified as any vehicle that remains unmoved for 7 days or more.
Only operational vehicles may be parked in the lot. Trailers, extra long or wide vehicles, commercial vehicles, recreational
vehicles, and etc. are not allowed and shall not be issued a parking permit.
Such violations will result in a vehicle being towed at the expense of the vehicle owner.
Residents shall instruct guests to park only in designated stalls and they must display a visitor pass (consult manager for
availability).
Enforcement
In order to preserve order, assist with parking maintenance, and for obvious safety issues, parking enforcement contractor
Is there going to be a parking enforcement contractor is authorized to boot or tow (at the expense of the resident or vehicle
owner) any vehicle for some of the following issues: parking rules, blocks traffic, blocks access to dumpsters, violates any
parking agreement or policy, does not display the required parking permit, failure to pay parking enforcement fine /fees,
resident or vehicle occupant cancels payment for a previous fine, parking in a fire lane or other emergency area, double parking
(without written consent of the manager), parking in a no parking zone, parking without a valid permit or when a permit has
been revoked, parking without having signed and returned the parking agreement as required, etc.
Miscellaneous Violations, Penalties, and Fines
Vehicles may be booted, towed, or forfeit of parking for violation of parking policy, obstructing traffic, double parking, parking
in no parking zones, blocking or restricting trash removal around dumpsters, creating a life safety issue, violating /interfering
with current parking rules, threatening contractors, manager, or other resident (verbal, physical, or vulgar gestures), or if
resident refuses to pay applicable fees to the parking enforcement contractor(s), etc.
The costs associated with towing or disposing of abandoned vehicles, vehicle parts, tires, oil /lubricants, antifreeze, gasoline,
etc. shall be paid by the resident or residents of the apartment additional handling or disposal fees will apply.
Do not store or leave any flammable material, substance, motor oil, automotive or engine fluids, automotive parts, greasy /oily
items, or other such material on the property or in the apartments. Violators will be charged a minimum $30 fine (per container
or incident) for any of the above mentioned issues AND be responsible for any identified damage, repair or replacement costs
(plus significant handling costs). Default of contract will be considered.
Do not store scooters, bikes, motorized vehicles, etc. in the apartment or along exterior ingress /egress areas.
Do not perform any maintenance or repair, on any vehicle, motorcycle, bicycle, or motorized vehicle, etc. anywhere on the
property without the written consent of the manager. Minimum $30 for minor infraction. Vehicles that leak oil or other fluids
may not be allowed to park in the parking lot until the issue is properly repaired.
Electricity for engine block heaters may not be allowed as they frequently constitute a serious safety, utility, and /or property
damage concern (i.e. snow removal, trip hazard, electric shock, open windows and doors causing utility and safety risks, and
window screens and wall are often damaged in an effort to get power to the vehicle etc.) Written approval from the manager is
required.
Serious, continual, or repeat violation may require that the resident forfeit parking temporarily or permanently.
Scope
1. The provisions and conditions of this Agreement shall run with the land for those properties referenced in paragraph
1 of this document and be enforceable against successors in interest and assigns of the signing parties.
2. Title to and the right to use the lots upon which the parking is to be provided will be subservient to the title to the
property where the primary use it serves is situated.
3. The property or portion thereof on which the parking spaces are located will not be made subject to any other
covenant or contract for use which interferes with the parking use, without prior written consent of the City.
4. This Agreement is in perpetuity and can only be terminated if replacement parking has been approved by the City's
Director of Community Development and written notice of termination of this agreement has been provided to the
other party at least sixty (60) days prior to the termination date.
Tukwila
RIVERTON MIXED USE
PARKING DEMAND ANALYSIS
March :2012
TU
Source: Tukwila Wei ite
J raffi Jake Tc Engineening, InL
i t rtii�-
I=M
2 39th Ave SW Seattle, WA 98116 2503
Tel 206.762,1978 Cell 206,7993692
Brie Campbell, Leed AP
RIVERTON DEVELOPMENT LLC
3723 S. 126M Street
Tukwila, WA 98168
Re: Riverton Mixed Use Tukwila
Parking Demand Analysis
We have prepared this Peak Parking Dernand Analysis for the proposed Riverton Mixed Use
project in Tukwila. The project proposes to provide the following:
23 unit apartment
3,000 sf commercial space (envisioned uses include a small cafe and office)
The proposed project is located at 12909 East Marginal Way in the City of Tukwila. Access to
the site is via a driveway off of East Marginal Way South. The proposed project proposes to
provide 51 parking stalls; 39 parking stalls will be on the site and 12 parking stalls will be
adjacent to the site.
An aerial of the site obtained from
King County IMap is depicted to
the right.
This report is prepared to identify
the peak parking demand for the
proposed project per City
requirements and Institute of
Transportation Engineers (ITE)
data. The peak parking demand is
conducted 'or the apartment peak
and commercial peaks.
The summary, conclusions and
recommendations are on page 4
of this report.
Figure 1 is a vicinity map of the proposed project. A preliminary site plan is depicted on
Figure 2.
Brie Campbell, Leed AP
TURNER SPECIAL PROJECTS
March 6, 201-2
Page -2-
Protect Site
The project site is presently developed with a single family dwelling. The existing building
would be removed to make way for the proposed development.
Street Svstem
The primary streets within the study areas and their functional classifications Tukwila
Ordinance #1616 are as follows:
SR-00
E. Marginal Way S.
S. 133rd St.
o' S. 130 St.
Transit Services
The map to the right is the pertinent
section of the Metro Transit System Map
depicting transit service in the site vicinity
Metro Transit Routes u" on SIR 99
about 1 /4 mile away and provides
service on East Marginal Way. Further
information on these routes can be found
on the Metro Transit website
Principal Arterial
Minor Arterial
Minor Arterial
Collector
The Riverton Development project will
provide 51 parking spaces; 39 parking
spaces will be on the site and 12 parking stalls will be on East Marginal Way S. adjacent and
to the north of the site.
City of Tukwila
The City of Tukwila Zoning Code Chapter 18.56 PARKING AREAS, VEHICLE AND PEDESI RIA1
ACCESS, AND RELATED IMPROVEMENTS provides the Zoning parking requirements for the
project. My review of the City Zoning Code indicates that the project requires the ollowing
parking.
23 units residential 46 stalls (2 per unit)
1,C 00 sf cat 6 (800 sf useable) 8 stalls (10 per 1,000 sf useable sf)
I A-
2,000 sf office 6 stalls (3 per 1,000 sf)
Total 60 stalls
'N
Project
Site
t t
I &R
The Riverton Development project will
provide 51 parking spaces; 39 parking
spaces will be on the site and 12 parking stalls will be on East Marginal Way S. adjacent and
to the north of the site.
City of Tukwila
The City of Tukwila Zoning Code Chapter 18.56 PARKING AREAS, VEHICLE AND PEDESI RIA1
ACCESS, AND RELATED IMPROVEMENTS provides the Zoning parking requirements for the
project. My review of the City Zoning Code indicates that the project requires the ollowing
parking.
23 units residential 46 stalls (2 per unit)
1,C 00 sf cat 6 (800 sf useable) 8 stalls (10 per 1,000 sf useable sf)
I A-
2,000 sf office 6 stalls (3 per 1,000 sf)
Total 60 stalls
Brie Campbell, Leed AP
TURNER SPECIAL PROJECTS
March 6, 2012
Page -3-
The parking demand per TZC for the above identified uses is noted at 60 stalls; however the
parking peaks at different times during the day; the residential peaks late at night/early AM
and the commercial uses in the daytime. Additionally, the City's parking requirement for the
residential component is much higher than researched parking data suggests.
101 K#JYJ to 14 6-1 r.-M a] 11raq] I It; 1116-111 IN a- I I L01 Mal am sm I ip I I 11manorm Is
I have prepared an Excel spreadsheet noting the envisioned uses with City and National
parking data included with the time of peak noted. The residential component peaks during
the late nigh/early AM time period (1200 0400), the Office component peaks at 1000
11.00 and tie Caf6 is expected to peak from 1200 to 1300.
ITE Peak Parking
The Institute of Transportation Engineers (ITE) Parking Generation, 4 Edition identifies the
time of the peak period and percentage of the peak period. The proposed project provides
apartment and office uses. The parking rate, peak period, percentage of peak period and
percentage during other uses peak periods for the above mentioned lands uses are
identified in the table below:
USE ITE Parking Rate Percentage of Percentage
(L.UC) 85% Peak Period
Peak Period during other
uses peak
Apartment 1.61 spaces per
0000 -0400 100% 65%/65%
(221) dwelling unit
Office Building 2.98 spaces per 1000-1100 100% 10 °l /9t%
(701) 1,000 sf
Restaurant 6.37 spaces 1200-1300 100% 10%/85%
(932)
The peak period for the Apartment occurred during 0000 0400 hours (12:00 am 4;00
am). Data shows no percentages for the other uses during the Apartment peak period.
Accounting for janitorial staff and other off hour maintenance I applied a 10% parking
percentage during the Apartment peak for the office and restaurant use. In addition no ITE
percentages were noted for the Apartment during the other uses Peak Parking period (1.000
1100 and 1200 1300). A percentage of 64% is identified during the 0800 time period;
65% is used for the analysis.
Attached in the appendix are pertinent sections noted above.
1141111111WO
Peak parking demand occurs at different times pending the use. Residential peaks occur at
night and commercial office and Cafe uses during the day. The Riverton Development
Brie Campbell, Leed AP
TURNER SPECIAL PROJECTS
March 6, 2012
Page -4-
project is a multi-use project that encompasses the aforementioned uses and thus is
conducive to shared parking.
Peak Parking- Demand AnaIvsjs
I conducted the peak parking demand utilizing six scenarios:
Peak demand for Apartment- Urban and Suburban
Peak demand for Office Urban and Suburban
Peak Demand for the Cafe Urban and Suburban
Included in the appendix is the Excel spreadsheet that shows the peak parking demand for
the above mentioned scenarios. The site is situated in an area that is neither completely
Urban nor Suburban in nature; thus both the Urban and Suburban ITE parking data is used.
The Suburban ITE data, as would be expected, shows higher parking demand than the Urban
data.
My analysis using City parking rates indicates that the peak parking demand for the project
to be 47 stalls. Using ITE data the peak parking is projected at 34 stalls using Suburban
data and 25 using Urban data. The residential peak parking demand on Saturday is 14%
less than during the weekday and little parking is projected for the Office on weekends; thus
my analysis focused on the weekday peak.
I recommend that a transit schedule kiosk be provided in the lobby of the building and
appropriate bike parking be provided.
This report analyzed the Peak Parking Demand for the proposed Riverton Mixed Use project,
The parking requirements are governed by City Zoning Code. A peak parking analysis was
done using the required City parking and the percentage of peak parking during the time of
peak for each land use as derived in the ITE Parking Generation.
11 used the City parking requirement data and ITE data for time of peak parking demand to
calculate the peak parking during the peak period for the Apartment and the commercial
scenarios. My analysis indicates the highest peak parking demand scenario occurred during
the late evening/early AM peak period that resulted in a peak parking demand of 47 spaces.
The proposed project provides 51 spaces that are sufficient to accommodate the peak
parking demand. Transit service is available adjacent and near the site and ITE data shows
less parking demand. The installation of a bus schedule kiosk in the building lobby and
appropriate bike parking is recommended,
1 E, n
IA
Brie Campbell, Leed AP
TURNER SPECIAL PROJECTS
March 6, 2012
Page 5-
Please contact me at 206.799.5692 or email me at if you have any
questions,
Very truly yours,
Mark I Jacobs, PE, PTOE
EXPIREs 462
Project: Riverton Mixed Use King County
Location. 12909 East Marginal Way
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Project: Riverton Mixed Use King County
Location 12909 East Marginal Way
Note: An 8.5 x 11" copy of the site plan is included with this. Parking Demand, Analysis
T
RIVERTON MIXED USE TUKWILA
F 1 PARKING DEMAND ANALYSIS
FIGURE 2
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111 112111 Jill I Jill Jill 111111 1 ;J11111111 111 !111 1 I 11 1 0
-til t
Use
Single-family and multi-
family dwellings
Multi-family and Mixed-
Use residential (in the
Urban Renewal Overlay
(URO))
Senior Citizen Housing
F.-TUNIT450-jaymum
2 for each dwelling unit that contains up to 3 bedrooms. 1
additional space for every 2 bedrooms in excess of 3
bedrooms in a dwelling unit. Additional parking may be
required for home occupations and accessory dwelling
units as otherwise proved by lhis title
One for each dwelling unit that contains up to one
bedroom. 0.5 additional spaces for every bedroom in
excess of one bedroom in a multi-family dwelling unit.
_0
I i NOW, 11 01
One automobile space at no charge to a car sharing
program (if available) for every 50 to 200 residential units
on site. An additional space shall be provided for
developments with over 200 residential units. All car share
spaces are in addition to required residential parking. If
car sharing programs are not available when the building
is constructed, an equivalent number of guest parking
spaces shall be provided. These shall be converted to
dedicated car-sharing spaces when the program becomes
available.
For 15 units or less, 1 space per dwelling unit. For
dwellings with more than 15 units, a minimum of 15
spaces are required, plus 1 space per 2 dwelling units,
Bicycle Standard
For multi-family, I space per
10 parking stalls, with a
minimum of 2 spaces. No
requirement for single family.
One secure, covered,
ground-level bicycle parking
space shall be provided for
every four residential units in
a mixed-use or multi-family
development.
I space per 50 parking stalls,
with a minimum of 2 spaces.
Religious facilities,
mortuaries and funeral
homes
Colleges, Universities,
Vocational Schools and
other post-secondary
educational institutions
Convalescent/
nursing/rest homes
Food stores and markets
1 for each 4 fixed seats
mill
Shall be deterrflined by Planning Commission, based on 1 space per 50 parking stalls,
an evaluation of information concerning traffic generated with a minimum of 2 spaces.
by proposed use.
1 for every 4 beds with a mm mum of 10 stalls
1 for each 300 square feet of usable floor area
High schools I for each staff member plus 2 for every 5 students or
visitors
Hospitals I for each bed
Hotels, motels and 1 for each room, plus one employee space for each 20
extended stay rooms, rounded to the next highest figure
Manufacturing i for leach 1 square feet of usable floor area
I space per 50 parking stalls,
with a minimum of 2 spaces.
I space per 50 parking stalls,
with a minimum of 2 spaces.
1 space per 50 parking stalls,
with a minimum of 2 spaces,
1 space per 50 parking stalls,
with a minimurn of 2 spaces.
1 space per 50 parking stalls,
with a minimum of 2 spaces.
1 space per 50 parking stalls,
with a minimum of 2 spaces.
11 *'1
Office, commercial and
3.O for each 1,000 square feet of usable floor area
1 space per 50 parking stalls,
professional buildings,
with a minimum of2spaCeS�
bankm, dental and
medical clinics
Outdoor sports areas
Shall be determined by Planning Commission
1 space per GQ parking stalls,
with a minimum of2spaces.
Places of public
The Director ah8|| determine the number of required
1 space per 50 parking sta||o,
aoaembly, including
parking spaces, with a minimum of1 space for every 1O0
with a minimum of2spaces.
audi\nriumma, exhibition
square-feet of assembly area. To ensure parking
he||s, community doba,
adequacy for each proposal, the Director may consider
community centers, and
the following:
private clubs
u. A parking study or documentation paid for by the
applicant and administered by the City regarding No
actual parking demand for the proposed use, or
b Evidence in available planning and technical studies
relating Lo the proposed use.
Post offices
floor
3 for each 1 000nquanaheetnfusab|eO
1 apace per 50 parking �a||s
with a minimum nf2spaces.
Public facilities, including
1 space Pe'5O�a�ing stalls,
libraries, police and fire
Shall be determined by the p|anningCommission
with a minimum oy2spaces.
stations
Restaurant
1 for each 1O0 square feet of usable floor area
1 space per 50 parking stalls,
with m minimum of2spaces�
1 for each 50 square feet of usable floor area. Fifty
1 space per 5Dparking sta||s.
Restaurant, Fast food
percent nf any outdoor seating area will be added tothe
with a minimum oY2spaces.
_usable floor area for parking requirement calculations,
Retail Sales, Bulk
2.5 for each 1,080 square feet nf usable floor area
1 space per 5O parking stalls,
with a minimum nf2spaces.
4 for each 1.QOO square feet o/ usable floor area iflocated
Retail sales,
wdhinthe TUC orTV8 zoning dis1ho��25�r each 1.0O8
1 space per 5U parking stalls,
mqUana feet of usable floor area if located in any other
with a minimum of2spaces.
zoning district
8ohom/y. Elementary
1S for each staff member
Junior High
1 space per classroom
Shopping center (ma||). planned, per usable floor area size, oa listed below
500.000 nq. ft. urlarger
5 for every 1UOO sq. ft,
1 space per 50 parking stalls,
with a minimum of2muauem.
25.8OO-498.A§0s0,ft,
4 for every 1.80Omq�ft,
1 space per S8 parking stalls,
with a minimum n of 2mpaoem,
Taverns
1 for every 4 persons based on occupancy load.
1 space per 5D parking stalls,
with a minimum of2spaces.
1 for every 4 fixed seats. It seats are not fixed. 1 per 3
space per 100 seats, wi�ha
Theaters
seats, with concurrence of Fine Chief, oona��n� with
minimum
m�nimumnY3mpecem�
maximum a||uv�doccupancy
Warehousing
1 for every 2.0OO square feet of usable floor area
1 space per 50 parking stalls,
with a minimum of 2 spaces.
18.56]4(), Adrni��i s[r0t i#e `Y8ri a omw �Or��n�
Slandar,d
A, General
1. A request for an administrative variance from
required parking standards must bereceived prior b3any
issuance of building or engineering permits. Administrative
w8M8nCeS are only eligible for requests for reductions {d
required parking between 10 and 100. Requests for
reductions from minimum parking standards in excess of 10%
must be made to the Planning Commission,
2. The project developer shall present all findings t0
the Direc prior t0 any final approvals, including design review,
conditional use permit /eview, building review or any other
permit reviews required bv the Director.
B� Ch&el
1 All requests for reductions in parking mhe|| be
reviewed under the criteria established in this section.
2. In addition 10 the following requirements, the
Director may require specific measures not listed to ensure that
all impacts with reduced parking are mitigated, Any spillover
parking which cannot be mitigated to the satisfaction of the
Director will serve as the basis for denial, A nsduCUOn may be
aUowod, pursuant to either an Administrative variance or
requests tJ the Planning Commission, after
a. All shared parking strategies are explored.
b. On-site park and ride opportunities are fully
explored.
C. The site is in compliance with the City's
commute trip reduction ordinance or, if not an affected employer
as defined by the City's oQiin8nce, agrees to become affected,
d� The site i6at least 30} feet away from o single-
family n8Sid8ntia|zoAa.
e. A report i3submitted providing 8 basis for less
parking and mitigation necessary h)offset any negative effects
C, Pf eCess:
1 An applicant shall submit evidence that decreased
parking will not have a negative impact on surrounding
properties 0r potential future uses. This may take the form of
brief report for administrative variances, Decreases in excess
of 1096 must be mad* to the Planning Commission. The
Director may require additional studies ioensure that negative
impacts are properly mitigated, A complete and detailed
Parking Demand study is required for requests reviewed by the
Planning Commission,
2, All site rha[GciehSMrs should be described in
report, including
a, Site accessibility for transit,
b. Site proximity to transit, with 15- to 30-minute
c Shared use of on-site parking,
d. Shared use of off-site parking.
e. Combined on-site parking.
L Employee density.
g. Adjacent land uses.
D. Rpmrm: Applications for Administrative Variances for
reductions below minimum parking requirements between 1%
and 10Y6 shall be processed as Type 2deCiSi0nS. pursuant to
TMC 18,108D20. Applications for reductions from DQiDimU0
parking requirements in excess 0f1OY6shall be processed as
Type 4 deCiSionS, pursuant to TMC 18.108040. including 3
hearing before the Planning Commission.
Produced by the City of Tukwila, City Clerk's Office
Land Use: 221
Low/Mild-Rise Apartment
used on Vehicles per
Dwelling Unit (Suburban)
Weekday
Hour Beginning
Percent 2fpea eriod
Number of Data Points*
12-00-4:00 a.m.
C- Z
14
5:00 a.m.
14
6:00 a.m.
92
14
7:00 a.m.
74
1
8:00 a.m.
64
1
9 a.m.
0
10:00 &M.
0
11:00 a.m.
0
a e_J
12M P,m.
0
1:00 p' m'
2:00 p.m.
0
0
3:00 p.m.
4:00 p.m.
44
0
1
5:00 p.m.
59
1
6:00 p.m.
69
1
7:00 p.m.
66
9
8:00 p.m,
75
9
9:00 P.M,
77
10
90:00 p. m.
92
14
11:00 P.M.
94
14
Subset of database
jil 11
jMTQW=fTF. F
iiti4filloicifirt, FAMON
Me M17711jer OT We
apartment building.
1 Rental and Homeowner Vacancy Rates for the United States: 1960 and 1965 to 2009, U.S. Census Bureau.
http://www.census.gov/hhes/www/housing/hvs/qtr309/q309tab1.htmI
Institute of Transportation Enghneers
51 Parki ng Generation, 4th Edition
Land Use: 221
W/ I\ {k Jt'"_422j_LUjM1W
Average Peak Period Parking Demand vs. Dwelling Units
On a: Weekday
Location: Urb,?_,rj[,i
'11'eekday Urban Peak Perioi
Parking Demand
0 Actual Data Points
Institute of Transportation Engineers
zmzz�
54 Parking Generation, 4th Edilion
Land Use:221
Low/Mid-Rise Apartment
f,
Saturday Urban Peak Period
Parking Demand
CL 100:
11
IL 0
0 100 200 300
x Dwelling Units
Actual Data Points
Instigate of Transportation Engineers
400 500
Fitted Curve/Average Rate
500
1.0
400
300
V
0
3c
200
CL 100:
11
IL 0
0 100 200 300
x Dwelling Units
Actual Data Points
Instigate of Transportation Engineers
400 500
Fitted Curve/Average Rate
Land Use: 221
Low-Rise Apartment
Average Peak Period Parking Demand vs. Dwelling Units
On a: Weekday
Location Suburban
Peak Period Demand
12M-5:00 a.m.
21
311 dwelling units
1.23 vehicles per dwelling unit
0.32
21%
1.10-1.37 vehicles per dwelling unit
0.59-1,94 vehicles per dwelling unit
1.94 vehicles per dwelling unit
0.68 vehicles per dwelling unit
Weekday Suburban Peak Period Parking
Demand
IJIMt
i
1,500
Actual Data Points Fitted curve Average Rate
Institute of Transportation Engineers 53 R 16,fng Generxron, 4kh Editivi
1,000
x Dwelling Units
No
As noted, peak parking demand rates were different between sites located in suburban settings and
those located in urban settings for the independent variable 1.DOUsq. ft. BFA. The individual site surveys
did not enable a quantitative explanation of the factors that caused the difference. One potential
explanation may na|ahe 10 differences in the availability of alternative modes (for example, transit, bike and
pedestrian) available a1 the urban sites. {]f the studies with data on transit availability and presence ofa
transportation demand management (TDM) program, the suburban sites reported about 55 percent with
available transit services and 20 percent with TDK4programs. The urban sites reported almost 700
percent with available transit and 63 percent with TDM programs of some form,
Weekend parking demand data were available at two study sites. At one site, the Saturday peak demand
was less than 10 percent of peak weekday demand at the same site. At the other site, the Saturday and
Sunday dernand approached 90 percent of the weekday peak demand for the same site. It was not
possible to derive reliable weekend parking demand rates due to lack of information on the nature of work
conducted during the weekend m1 the two sites.
The following table presents the time-of-day distributions of parking demand variation for suburban and
urban sites. The only sites included in the table data were those that submitted at least four consecutive
hours of parking demand observations, (Note the rnej/�b/of the park�gdenvamddata /o the omsma8
database con�ahedof one or two hou�yoboen/atiuno)
ZM0MM=l
12:00-4:00 a.m.
5:D0m.m.
8:OQe.m.
7:U0 am.
8:00 a.m.
SoD0a.m.
1QMe.m.
11Ma/n.
12:00 p.m.
1:00 P.M.
2:8O p.m.
3:00p�m�
4:C0 p.m.
5M p.m.
6:00 p.m.
7:00 p.m.
8:OOp�n�
9:00 P.M.
10.00 P.M,
11:00 pol'
Subset of database
Weekday Suburban
Percent of Peak
Period
59
79
9O
77
84
81
72
48
25
InmtituteovTramopomauun -Eingnee,
Number of Data
Percent ofPeak
Number of Data
Points~
period
Points*
O
0
O
O
i
O
1
19
2
10
64
4
12
91
5
12
99
5
11
99
5
12
98
5
7
98
5
7
100
5
0
89
5
8
&0
6
6
58
J
1
U
D
0
O
O
O
0
O
0
O
0
Paming8eneration, 4th Edition
Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA
On w Weekday
Location Urban
Statistic
Peak Period
Number of Study Sites
Average Size of Study Sites
Average Peak Period Parking Demand
Standard Deviation
Coefficient of Variation
Range
85th Percentile
33rd Percentile
Weekday Urban Peak PeriO'
Parking Demand i
Actual Data Points
institute of Transportation Engineers
P 2.56x 80
2 0.98
1,000 1 ,500 2,000
x
sq. ft. GFA
-Z�
210 3 I
2,500
Fitted Curve/Average Rate
i' Generation, 4th Edition
6,000
5,000
4,000
(D
3,000
2,000
1
0
0 500
Actual Data Points
institute of Transportation Engineers
P 2.56x 80
2 0.98
1,000 1 ,500 2,000
x
sq. ft. GFA
-Z�
210 3 I
2,500
Fitted Curve/Average Rate
i' Generation, 4th Edition
90
Average Peak Period Parking Demand vs. 1,000 sq. ft. GFIJ
Weekday
Location: Suburban
Peak Period Demand
2000
9.00 a.m.-4 p.m.
1:800
176
1,600
136,000 sq. ft. GFA
1,400
2.84 vehicles per 1,000 sq. ft.
GFA
0.73
1,000
26%
800
2.73-2.94 vehicles per 1,000 sq.
ft. GFA
0.86-5.58 vehicles per 1,000 sq.
ft. GFA
3.45 vehicles per 1,000 sq. ft.
GFA
2.56 vehicles per 1,000 sq, ft.
GFA
Weekday Suburban Peak Period
Parking Demand
Actual Data Points Fitted Curve
Institute of Transportation Engineers 205
Average Rate
Park ng Generator, 4th Edition
2000
1:800
Z—
1,600
1,400
1,200
1,000
800
4 600 00
200
0
0
Actual Data Points Fitted Curve
Institute of Transportation Engineers 205
Average Rate
Park ng Generator, 4th Edition
Land Use: 932
Hig,h-Turnover (Sit-Down) Restaurant
MOM MX61M Is if-sr-SM I IMMOMI ME HAPIMMOMW 1100,111 Lei alLeigi1,15!lri I K4-m LIRM2 I
wr-OJI210 q1t;JR011119=11g
Hour Beginning
12:00-4:00 a.m,
5:00 a.m.
6:00 a.m.
7:00 a.m.
8M a.m.
9:00 a'm'
10:00 a.m.
11:00 a.m.
12:00 p.m.
1:00 P.M.
2:00 p.m.
3:00 p.m.
4:00 p.m.
5:00 P.rn.
6M p.m.
7:00 p.m.
8M P.M.
9:00 P.M.
10:00 P.M.
11:00 P.M.
Subset of database
MEMOMIM,
12:00-4:00 a.m.
5:00 a.m,
6:00 a.m.
7:00 a.rn.
8:00 axn.
9:00 a.m.
10:00 a.m.
11:00 a.m.
12:00 p.m.
1:00 P.M'
2:00 p.m,
3:00 p.m.
4:00 p.m.
5:00 p.m.
6:00 p.m.
7:00 p.m.
[8:00 p.m.
9:00 PLM.
10:00 P M.
11:00 P-M.
Subset of database
Weekday at a
Famfiv Restaurant
Percent of
Percent of
Number of
Peak Period
Data Points*
4
0
9
1
26
4
44
5
57
8
76
9
85
9
10
63
100
12
11
53
12
42
11
42
12
76
11
83
12
63
10
66
10
63
7
48
5
44
2
Saturday at a
Familv Restaurant
Percent of Number of
Peak Period
Data Points*
Percent of
0
Peak Period
0
20
4
30
5
51
7
73
9
94
10
100
10
93
11
84
10
63
11
39
10
48
11
55
11
63
11
74
5
55
11
39
9
40
8
53
3
Weekday at a Restaurant
with Bar or Lounge
Percent of
Number of
Peak Period
Data Points*
0
0
0
0
0
5
7
16
49
1
39
1
27
1
19
1
22
1
60
5
94
5
100
5
81
84
9
0
0
Saturday at a Restaurant
with Bar or Lounge
Percent of
Number of
Peak Period
Data Points*
0
0
0
0
0
5
7
20
41
53
46
38
63
80
100
70
33
9
0
Institute of Transportation Engineers 3 K; Parking Generation, 4th Edition
Land Use. 932
High-Turnover (Sit-Down) Restaurant
Average Peak Period Parking Demand vs., 1,000 sq. ft. GFA
On a Weekday
Use Code Subset: Family Restaurant (No Bar or Lounge)
Locati*
statistic
Peak Period
Number of Study Sites
Average Size of Study Sites
Average Peak Period Parking_Dernand
Standard Deviation
Coefficient of Variation
Range
85th Percentile
33rd Percentile
Peak Period Demand
11:00 a.rn.—1 :00 p.m., 6:00-8. p.m.
10
3,200 sq. ft. GFA
5.55 vehicles per 1,000 sq. ft. GFA
2.69
48%
3.13-12.41 vehicles per 1,000 sq. ft. GFA
6.37 vehicles per 1,000 sq. ft. GFA
3.86 vehicles per 1,000 sq. ft. GFA
Weekday Urban Peak Period
Parking Demand
(Family Restaurant)
0 1 2 3 4
x 1,000 sq. ft. GFA
Actual Data Points
Institute of Transportation Engineers
5 6
r "R(k?n�
I Generation 4fli Edition
Land Use: 932
High-Turnover (Sit-Down) Restaurant
Average Peak Period Parking Demand vs. 1,000 sq. ft. GFA
On a: Weekday
Land Use Code Subset: Family Restaurant (Noi Bar or Lounge)
Location Suburban
olmj# 2
Actual Data Points
Parking Generation, 4th Edition
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Rick Still, Parks and Recreation Director�
DATE: March 7, 2012
SUBJECT: Duwamish Hill Preserve: 4 Culture Heritage Cultural Facilities Grant
ISSUE
A contract with 4Culture to accept grant funding in the amount of $50,000 for the Duwamish Hill
Preserve project. (no matching funds required).
BACKGROUND
As identified in the policy statements, the Duwamish Hill Preserve (DHP) is the highest priority
capital project listed in the Parks, Recreation and Open Space plan. In May of 2011 staff
presented an update to the Community Affairs and Parks Committee detailing the progress of
the DHP project. This memo is intended to inform the Committee of a $50,000 grant that has
been awarded from 4Culture's Heritage Cultural Facilities program. 4Culture describes the
Cultural Heritage Facilities program as follows:
4Culture's Heritage Cultural Facilities program plays an important part in assisting the heritage
community with critical work that enhances the quality of life in King County, and creates a
unique and authentic sense of place for residents and visitors in this rapidly changing region.
This annual program funds the purchase, design, construction, and remodeling of heritage
facilities throughout the county, and the purchase of equipment intended to be used for at least
10 years. (Source: www. 4culture. org)
DISCUSSION
4Culture Heritage Facilities: In 2011 the City applied for funding through the Heritage
Facilities Program and was awarded $50,000 towards the acquisition of the western parcel of
land located adjacent to DHP. A contract with 4Culture for distribution of the funds is attached.
Matching funds are not required for this grant. The grant is to be utilized for acquisition of the
western parcel of land adjacent to Duwamish Hill Preserve. The Committee is being asked to
forward this to the full Council to authorize the Mayor to sign a contract with 4Culture to accept
grant funding in the amount of $50,000 for the Duwamish Hill Preserve project.
(no matching funds required).
RECOMMENDATION
The Council is being asked to consider this item at the March 26, 2012 Committee of the Whole
Meeting and subsequent April 2, 2012 Regular Meeting.
ATTACHMENTS
4Culture Heritage Facilities Contract
x
Agreement No. 111698H
Contractor's Federal Taxpayer ID No. (Last 4 Digits) 1915
Contractor City of Tukwila Parks and Recreation Department
Services Provided: Facilities Construction Fixed Asset Purchase
Contract Amount: 50,000.00 Fund Source: CP Combined Facilities /Real Estate
CONTRACT FOR CAPITAL CONSTRUCTION FIXED ASSET PURCHASE
THIS CONTRACT is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY
"4CULTURE whose address is 101 Prefontaine PI. S, Seattle, WA 98104 -2672 and telephone number
is (206) 296 -7580, and the Citv of Tukwila Parks and Recreation Department (the "Contractor whose
address is 12424 42 Avenue S. Tukwila WA 98168, and telephone number is (206) 767 -2332.
Contractor is an art, cultural or historical organization qualified to receive funds pursuant to King County
Code Sections 2.48 and 4.42 and RCW 67.28.180 and as hereinafter may be amended. The 4Culture
Board of Directors approved providing funds for this project by Motion No. 2011 -61.
4Culture desires to provide funds with which the Contractor shall render certain services in connection with
acquisition of land parcel that will benefit the Duwamish Hill Preserve's cultural aarden in providing cultural
services to King County citizens. Such services are for the benefit of citizens, art museums, cultural
museums, heritage museums, the arts, and /or the performing arts and are consistant with those defined
in RCW 67.28.180 "Public Benefit Services
4Culture is organized pursuant to King County Ordinance 14482 and RCW 35.21.730, et sect. _RCW
3521.750, provides as follows: "[All] liabilities incurred by such public corporation, commission, or
authority shall be satisfied exclusively from the assets.and properties of such public corporation,
commission or authority and no creditor or other person shall have any right of action against the city,
town, or county creating such corporation, commission, or authority on account of any debts, obligations,
or liabilities of such public corporation, commission, or authority."
The legislative authority of 4Culture has found and declared that providing funds to Contractor to
reimburse Project costs in consideration of services provided hereunder constitutes a public purpose with
the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may
properly be expended or advanced.
NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to
be made and performed by the parties hereto, the parties covenant and do mutually agree as follows:
Capital Construction Fixed Asset Purchase Agreement 2012 Page I ofS
I. SCOPE OF SERVICES
A. The Contractor shall provide services and comply with the requirements set forth hereinafter and
in the following attached exhibits which are incorporated herein by reference:
Project Proposal and Budget
Attached hereto as Exhibit
A
Specific Scope of Work
Attached hereto as Exhibit
B
Insurance of Requirements
Attached hereto as Exhibit
C
Public Benefit Provisions
Attached hereto as Exhibit
D
Personnel Inventory (K.C.0 12:16.060A)'(In combination with
Attached hereto as Exhibit
E
other agreements, in excess of $25,000 in a calendar year)
Affidavit and Certificate of Compliance (K.C.0 12.16.060B)
Attached hereto as Exhibit
F
(for Agreements in excess of $25,000)
F�
Disability Assurance of Compliance /Section 504
Attached hereto as Exhibit
G
(KCC 12.16.060D)
B. Construction and Fixed, Assets Purchase. Funds awarded under this Agreement shall be used
solely to reimburse the Contractor for expenses incurred expressly and solely in accordance with the
Project Proposal and Budget and the Specific Scope of Contract Work. Any amendment or modification to
the Project Proposal and Budget or the Specific Scope of Contract Work must be approved in writing by
4Culture. The work described generally by the Project Proposal and Budget and more specifically by the
Specific Scope of Contract Work shall hereinafter be referred to as the "Project
C. In addition to performing the Project, Contractor shall provide the Public Benefit Provisions as
specified in the Public Benefit Provisions.
D. The Contractor agrees to use any improvement constructed and any fixed assets purchased
through this contract to provide Public Benefit Services for a period of not less than 10 years from the date
of purchase. Should the Contractor, prior to, the expiration of this ten -year period, dissolve its operatioris,
relocate outside of King County or determine that if no longer needs the improvement constructed or
equipment purchased hereunder, Contractor shall notify 4Culture thereof and, upon 4Culture's request,
such improvements (to the extent practicable) and such equipment, shall be transferred without additional
consideration to a King County based non profit art, cultural or historic organization selected by.4Culture in
its sole discretion.
E. The Contractor agrees to acknowledge 4Culture as a source of support for the Project,in'
prominently located permanent signage utilizing the following logo:
4 A
Approved logos are available for download in a variety of formats at
C U LTU R E http: /www.4Culture.org
KING COUNTY LODGING TAX
F. The Contractor agrees to notify 4Culture in advance of any public Project activities, including but
not limited to ground breaking events, dedications, and other public programs.
Capital Construction Fixed Asset Purchase Agreement 201.2 Page 2 of 8
II. DURATION OF CONTRACT
This Agreement shall commence on December 15. 2011 and shall terminate upon the later of (1)
completion of the Specific Scope of Contract Work and payment of the final invoice or (2) the end time
period specified, if any, Public Benefit Provisions. This Agreement, however, may be terminated earlier as
provided in Section IV hereof.
III. COMPENSATION AND METHOD OF PAYMENT
A. 4Culture shall reimburse the Contractor for its actual and authorized expenditures incurred in
satisfactorily completing the Specific Scope of Services and otherwise fulfilling all requirements specified
in this contract in an aggregate amount not to exceed $50.000.00.
B. Contractor may apply to 4Culture for reimbursement upon completion of specified phases of the
Specific Scope of Services pursuant to the following Reimbursement Schedule:
Phase Description Amount Available Expected Date of
No. for Reimbursement Completion
1 -2 Acquisition of 1.75 -acre parcel to $50,000.00 December 31, 201=3
expand the Duwamish Hill
Preserve's cultural garden.
C. All invoices for reimbursement for specific phases of the Project shall include documentation that
identifies vendors, details costs for labor and materials and specifies the equipment purchased pursuant to
this contract (make and model Such documentation shall include, but may not be limited to, purchase
orders or receipts for purchases.
D. Accompanying the final invoice for the project, the Contractor shall also submit:
1. A project status report that documents costs (including costs not reimbursed by 4Culture
funds) and identifies funding sources.
2. At least two images (prints, slides, or digital images accompanied by a high- quality print-
out) of publishable quality for use by 4Culture to publicize the Cultural Facilities Grant program. Photos
shall have credits, caption information, and permission to publish.
E. All payments are subject to site inspection and approval by 4Culture.
F. If the Contractor fails to comply with any terms or conditions of this contract or to provide in any
manner the work or services agreed to herein, 4Culture may withhold any payment to the Contractor until
4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in
addition to and not in lieu of the 4Culture right to terminate this contract as provided in Section IV, any
other rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or
in equity.
Capital Constriction Fixed Asset Purchase Agreement 2012 Page 3 of 8
IV. TERMINATION OF AGREEMENT
A. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its
obligations under this Agreement or if the Contractor shall violate any of its covenants, agreements or
stipulations of this.Agreement, 4Culture may terminate this Agreement and withhold the remaining
allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Contractor
describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines
that Contractor has, within twenty (20) days of the date of such notice, fully corrected such default or
violation.
B. Reimbursement for services performed by.the Contractor, and not otherwise paid for by
4Culture prior.to the effective date of a termination under subsections B and C herein, shall be as 4Culture
reasonably determines.
C. In the event of termination for cause, the Contractor shall, immediately upon 4Culture's request
and in addition to any and all other remedies available to.4Culture in equity or at law, return to 4Culture
immediately any funds, misappropriated or unexpended, which have been paid to the Contractor by
4Culture and all equipment, personal property and trade fixtures acquired as part of the Specific Scope of
Contract Work.
V. SECURITY AGREEMENT
A. Contractor grants to 4Culture a security interest -in the fixed assets and equipment purchased in
whole or in part with funds provided under this Agreement including, all attachments, accessions
accessories, tools, parts, supplies, increases, and additions to and all replacements of and substitutions
for such property and all proceeds. thereof (the "Collateral to secure the Contractor's. obligations under this
Agreement (the "Indebtedness Contractor authorized 4Culture to file such financing statements and
Contractor agrees to take whatever actions are requested by 4Culture to perfect and continue 4Culture's
security interest in the Collateral. Contractor hereby appoints 4Culture as its irrevocable attorney -in -fact for
the purpose of executing any documents necessary to perfect or to continue the security interest granted in
this Agreement. Contractor shall not sell, offer to sell, or otherwise transfer or dispose of the Collateral. All
proceeds from any disposition of the Collateral (for whatever reason) shall be held in trust for 4Culture. and
shall not be commingled with any other funds. Contractor shall promptly notify 4Culture of any loss or
damage to the Collateral. 4Culture may make proof of loss -if Contractor fails. to do so within fifteen. (15) days
of the casualty. All proceeds of any insurance on the Collateral, including:. accrued proceeds thereon, shallbe
held by 4Culture as part of the Collateral.
B. Each of the following shall constitute an Event of Default under this Agreement: (1) Failure of
Contractor to make any payment or otherwise perform an obligation when: due on the Indebtedness; (2) The
dissolution, liquidation, or any other termination of Contractor's existence as a going business, the insolvency
of Contractor, the appointment of a receiver for any part of Contractor's property, any assignment for the
benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any,
bankruptcy or insolvency laws by or against Contractor:; (3) Commencement of foreclosure or forfeiture.
proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any creditor of
Contractor or by any governmental agency against the Collateral or any other collateral securing the
Indebtedness. If an Event of Default occurs under this Agreement, at any time thereafter, all of the
indebtedness shall be, at 4Culture's option, immediately due and payable, 4Culture shall have all the rights of
a secured party under the Washington Uniform Commercial Code, as amended from time to time. In
addition, 4Culture shall have and may exercise any or all other rights and remedies it may have available at
law, in equity, or otherwise.
Capita] Construction Fixed Asset Purchase Agreement 2012 Page 4 of 8
VI. MAINTENANCE OF RECORDS
A. The Contractor shall maintain accounts and records, including personnel, property financial, and
programmatic records and other such .records as may be deemed necessary by 4Culture to ensure proper
accounting for all contract funds and compliance with this Agreement. All such records shall sufficiently
and properly reflect all direct and indirect costs of any nature expended and services provided in the
performance of this Agreement.
B. These records shall be maintained for a period of six (6) years after termination of this
Agreement unless a longer retention period is required by law.
VII. AUDITS AND EVALUATIONS
A. The records and documents with respect to all matters covered by this Agreement shall be
subject at all times to inspection, review or audit by 4Culture and /or federal /state officials so authorized by
law during the performance of this Agreement and six (6) years after termination hereof.
B. The Contractor shall provide right of access to its facilities, including by any subcontractor to
4Culture, the King County, state and /or federal agencies or officials at all reasonable times in:order to
monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the
Contractor in the case of fiscal audits to be conducted -by 4Culture.
C. The Contractor agrees to cooperate with .4Culture'in the evaluation of the Contractor's
performance under this contract and to make available all information reasonably required by any.such
evaluation process. The results and records of said evaluations shall :be maintained and disclosed in
accordance with RCW Chapter 42.17 (Public Records Act).
VIII. CONTRACT MODIFICATIONS
No modification or amendment of this Agreement shall be valid unless made in writing and signed
by the parties hereto.
IX. NO WAIVERS
4Culture's failure to insist upon the strict performance of any provision of this Agreement or to
exercise any right based upon a breach thereof or the acceptance of any performance during such breach
shall not constitute a waiver of any right under this Agreement.
X. FUTURE SUPPORT
4Culture makes no commitment to support the services contracted for herein nor guarantee
regarding the success of the services and assumes no obligation for future support of the Project except
as expressly set forth in this Agreement.
Capital Construction Fixed Asset Purchase Agreement 2012 Page 5 of 8
XI. OWNERSHIP OF PROJECT /CAPITAL FACILITIES
Contractor and 4Culture agree and acknowledge that the real property improved and the personal
property. and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not
expect to acquire any ownership interest in or title to the capital facilities and /or equipment constructed or
purchased under this Agreement. In addition, although Contractor will be reimbursed for certain of its
expenditures as provided herein, the capital facilities constructed or improved hereunder are not being
constructed at the cost of the state or a municipality and therefore are not "public works" within the
meaning of RCW 39.04.10. Contractor shall not pledge or assign its rights to reimbursement hereunder to
any third party for any reason, including, without limitation to suppliers or subcontractors as security for
Contractor's obligations to such third parties.
XII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Agreement, the Contractor is an independent contractor,.and
shall determine the means of accomplishing the results contemplated by this Agreement. Neither the
Contractor nor its officers, agents or employees are employees of the 4Culture for any purpose. The
Contractor shall comply with all applicable federal and state laws and regulations regarding employment,
minimum wages and hours, and discrimination in employment. The Contractor is responsible for
determining the compensation of its employees, for payment of such compensation, and for all federal
and /or state tax, industrial insurance, and Social Security liability that may result from the performance of
and compensation for these services. The Contractor and its officers, agents, and employees shall make
no claim of career service or civil service rights which may accrue to a 4Culture,employee under state or
local law. 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or
taxes by, or on behalf of the Contractor, its employees and /or others by reason of this Agreement, To the
extent allowed by law, the Contractor shall protect defend,, indemnify and save harmless 4Culture and its
officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever
occurring or resulting from (1) the Contractor's failure to pay any such compensation, wages, benefits, or
taxes; (2) the supplying to the Contractor of work, services, materials, or supplies by Contractor
employees or other suppliers in connection with or support of the performance: of this Agreement. The
Contractor shall also defend, indemnify, and save harmless 4Culture, and its officers, agents,. and
employees, from and against any and all claims made by Contractor's employees arising from their
employment with Contractor.
B. To the full extent provided by applicable law, the Contractor shall protect, defend, indemnify, and
save harmless 4Culture.its officers, employees, and agents from any and.all costs, claims, judgments,.
and /or awards of damages, arising out of or in any way resulting from the acts or omissions of the
Contractor, its officers, employees, and /or agents, except to the extent resulting from 4Culture's sole
negligence. If this Agreement is a "a covenant, promise, agreement or understanding. in', or in connection
with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to,
subtraction from, improvement to, or maintenance of, any building, highway,, road, railroad,, excavation, or
other structure, project, development, or improvement attached to real estate" within the meaning of RCW
4.24.225, the Contractor shall so protect, defend, indemnify, and ,save harmless 4Culture its officers,
employees, and agents only to the extent of the Contractor's, its officers', employees', and /or agents'
negligence. The Contractor agrees that its obligations under this subparagraph extend to any claim,
demand, and /or cause of action brought by or on behalf of any employees, or agents. In the event
4Culture incurs any judgment, award and /or cost arising there from including attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from the Contractor.
Claims shall include, but are not limited to, assertions that the use or transfer of any software, book,
document, report, film, tape or sound reproduction or material of any kind, delivered hereunder, constitutes
an infringement of any copyright.
Capital Construction Fixed Asset Purchase Agreement 2012 Page 6 of 8
XIII. INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of this Agreement insurance as
described on the Exhibit labeled as Insurance Requirements attached here to.
XIV. CONFLICT OF INTEREST
Chapter 42.23 RCW (Code Of Ethics For Municipal Officers Contract Interests) is incorporated by
reference as if fully set forth herein and the Contractor agrees to abide by all the conditions of said
Chapter. Failure by the Contractor to comply with any requirements of such Chapter shall be a material
breach of contract.
In addition, Contractor represents, warrants and covenants that no officer, employee, or agent of
4Culture who exercises any functions or responsibilities in connection with the planning and
implementation of the Specific Scope of Contract Services funded herein, has or'shall have any beneficial
interest, directly or indirectly, in this contract. The Contractor further represents, warrants and covenants
neither it nor any other person beneficially interested in this Agreement has offered to give or given any
such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in
connection with this Agreement. The Contractor shall take all appropriate steps to assure compliance with
this provision.
XV NONDISCRIMINATION
During the performance of this Agreement, Contractor shall comply with state, federal and local
legislation requiring nondiscrimination in employment and the provision of services 'to the,public, including,
but not limited to: Title VI of the Civil Rights Act of 1964; chapter 49.60 RCW (theWashington state law
against discrimination); K.C.C..chapter -12.16 regarding discrimination and affirmative action in
employment by contractors, subcontractors and vendors; K.C.C. chapter 12.17 prohibiting discrimination in
contracting; K.C.C. chapter 12.18 requiring fair employment practices; K.C.C. chapter and 12.22
prohibiting discrimination in places of public _accommodation.
The Contractor shall maintain, until 12 months after completion of all work under this contract, all
written quotes, bids, estimates or proposals submitted to the Contractor by all businesses seeking to
participate in this Agreement. The Contractor shall make such documents available to the 4Culture for
inspection and copying upon request.
XVI. SEVERABILITY
In the event any term or condition of this Agreement or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this
Agreement that can be given effect without the invalid term, condition, or application. To this end the
terms and conditions of this Agreement are declared severable.
XVII. ENTIRE CONTRACT
The parties agree that this Agreement is the complete expression of the terms hereto and any oral
representations or understandings not incorporated herein are excluded. Both parties recognize that time
is of the essence in the performance of the provisions of this Agreement.
Capital Construction Fixed Asset Purchase Agreement 2012 Page 7 of 8
XVIII. ATTORNEYS' FEES: EXPENSES
Contractor agrees.to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees
and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may
pay someone else to help enforce this Agreement, and Contractor shall pay the costs and expenses of such
enforcement. Costs and expenses include 4Culture's attorneys' fees and legal expenses whether or not
there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including
efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment
collection services. Contractor also shall pay all court costs and such additional fees as may be directed by
the court.
XIX. SURVIVAL
The terms and conditions of Secitons 1. D, V, VI', VII, IX, X1 1, X1 11, XIV, XV, and XVIII shall survive the
termination of this Agreement and shall be continuing obligations of the parties.
4CULTURE:
4Cu to e -CDA Executive Dire or
C 4
Date
Name (Please .type or print)
Title (Please type or print)
Date
Capital Construction Fixed Asset Purchase Agreement 2012 Page 8 of 8
EXHIBIT A
Heritage Cultural Facilities 2011 Organi- ations
City of Tukwila Parks and Recreation Department
Address Website.
12424 42nd Ave 5 www.c_ i. tukwila .we.us!recreation;recrnain.htmI
Tukwila
Washington Email
98168 soardnerrd,ci.tukwilama.us
Shipping Address
12424 42nd Ave S
Tukwila
Washington
98168
Phone
(206) 768 -0524
Fax
(206) 767 -2341
Revenue last fiscal ,year
$2,901,437
Revenue 2nd to last fiscal year
$2,716,836
King County Council District
8
WA State Legislative District
11
Date Incorporated
06/23/1908
Federal Tax ID
91- 6001915
Organization Director
Director of Parks and Recreation, Mr. Rick Still
Director Email
rstil l @tu kwila WA. g ov
Director Phone
(206) 767 -2344
Organization Description
The Tukwila Parks and Recreation Department provides fun, convenient, quality programs that promote healthy
living, and serves as a steward for recreational and historical properties,
Mission
The City of Tukwila, in the spirit of partnership with its community, is preserving and enhancing a vibrant and
healthy quality of life by providing caring, effective and efficient service.
Project Title
Duwamish Hill Preserve Acqusition of West Parcel
Short Project Description
The City of Tukwila and project partners propose to acquire an adjacent 1.75 -acre parcel to expand the Duwamish
Hill Preserve's Phase II cultural garden area.
Project Discipline(s)
Heritage Interpretation
Amount Requested
$75,000
Total Project Budget
$1,063,100
Contact Person
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Project Manager, Mr. Robert Eaton
Contact Phone
(206)767 -2332
Contact Email
Robert.Eaton@TukwilaWA.gov
Project Description
The City of Tukwila requests $75,000 from the 2011 Cultural Facilities Program to support acquisition of a 1.75
acre parcel on the west side of the Duwamish Hill Preserve located at 3800 S 1f5th Street in Tukwila, so this
parcel can be added to the Preserve property. The cost of the parcel to be acquired is $1,.000,000, toward which we
have secured $750,000 ($500,000 in City funds and a grant of $250,000 from the King County Conservation
Futures Program). Additional costs totaling $63,100 are itemized in the project budget (toward which we have
$46,600 committed) bring the total "project budget to $1,063,100.
PROJECT BACKGROUND AND ACCOMPLISHMENTS: The Duwamish Hill Preserve property currently under City of
Tukwila ownership is an 8.6 acre parcel on the Duwamish River. This property includes a 40 million year old
outcropping of bedrock that is part of what is known as the "Tukwila Formation unique native plant communities,
and a flat area with 600 feet of shoreline on the Duwamish River at the farthest point up river that is reached by
the tides. The Hill's summit offers territorial views of Mt. Rainier and the downtown Seattle skyline.
The City of Tukwila, Cascade Land Conservancy (CLC) and the Friends of the Hill began working together in 2001 to
preserve this undeveloped property which includes the summit and the western portion of what was known
historically as Poverty Hill, after the then -owner proposed a commercial development at the site. Culturally
significant for its association with Southern Puget Sound Salish oral tradition and mythology, the Hill is a key
location in the stories known as the "Epic of the Winds."
CLC and the City raised $998,000 to acquire and preserve the 8.6 acre parcel in 2004 naming the conservation
property the Duwamish Hill Preserve to distinguish it from the historic Poverty Hill neighborhood to the east
(hereafter "the Hill" and "the Preserve" refer to the 8.6 acre conservation property currently in public ownership).
The City owns and manages the Hill, while CLC retains a stewardship easement and is actively involved in fund
raising, project planning and restoration activities. Since 2005, CLC and the City collaboratively raised an additional
$825,000 (including five awards totaling approximately $100,000 from the 4Culture Facilities Program) for. Phase I
restoration activities on the upland portion of the property. Protection of this cultural property has created one of
King County's few public open space properties that honors and interprets Puget Sound Salish heritage.
Phase I of the project opened to the public with a community celebration in September 2010, following completion
of trails, viewpoints, an outdoor classroom area, and extensive landscape restoration. (A map showing Phase I, II
and III is included in support materials.) The first school field trips took place in November 2010, with support from
4Culture's Heritage Education Program and the Green Duwamish Watershed Alliance. Hundreds of'commuhity
volunteers have worked to remove trash and invasive species, and to plant and monitor native plants in.three
distinct habitat areas. Eight original artworks depicting the property's cultural and natural heritage were installed in
early September 2011 (with support from 4Culture and the National Trust for Historic Preservation). Development
of an interpretive guide and. signage is underway, and expected to be completed by December 2011.
ACQUISITION IS THE HIGHEST PRIORITY: Until recently, the project team's primary focus has been planning and
fund raising for Phase II improvements to the flat northern portion of the property, a 60,500 square foot area (1.4
acres) slated for restoration including an interactive cultural garden of native plants having traditional `cultural uses.
However, our focus abruptly changed in November 2010 when the owner of the adjacent 1.75 parcel on the Hill's
west boundary (King County parcel #1023049085, hereafter "West Parcel's indicated a willingness to sell the
property. The West Parcel is currently zoned industrial and used for storage of construction equipment. Acquiring it
and adding it to the Preserve would provide an outstanding opportunity to double the size of the' Phase II cultura
garden, improving opportunities for heritage interpretation, habitat enhancement and recreation. It would link
directly to a proposed regional trail, and would provide a visual buffer to the industrial property beyond the trail
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corridor to the west.
When the Hill Master Plan was developed in 2007, the West Parcel was included in the community's vision for Phase
II of what the Hill Preserve could become, as a community cultural and natural resource. However, real estate
values dramatically increased in the surrounding industrial area and for many years the owner was not willing to
consider a sale. The Hill management team, comprised of City of Tukwila and Cascade Land Conservancy staff,
Friends of the Hill (a neighborhood group) and project consultants proceeded with design and construction of Phase
I restoration activities, making the summit of the Hill and the majority of the property accessible to the public. For
this work, the project was recognized with a 2011 King County Executive's Historic Preservation Award for
Excellence in Restoration.
As the management team finished Phase I and initiated work on Phase II, focusing on the northern flat portion of
the Preserve. property, it became clear that the constraints of not having the West Parcel be part of the Preserve
would result in a diminished Phase II design, so the owner of the West Parcel was approached one more time, and
this time he was willing to consider selling. With the potential to acquire the West Parcel, the community mobilized,
and the Friends of the Hill spearheaded a letter writing campaign urging the City Council to commit a significant
portion of Tukwila's available Real Estate Excise Tax (REET) funds, dedicated to open space acquisition, to this
project. As a result, the City committed $250,000 in its 2011 budget and an additional $250,000 in its 2012
budget, which will become available January 1, 2012, Acquisition of the West Parcel will more than double the
Phase II project area, adding 76,310 square feet (1.75 acres) to the Preserve.
This expansion would allow a richer and more meaningful Phase II restoration, from a cultural, habitat and
recreational perspective.- Phase II will include a permanent exhibit of native plants selected in collaboration with the
Muckleshoot and Duwamish Tribes and the Northwest Native American, Basket Weavers Association,, including
species useable for basket making, preparation of traditional foods, and other cultural :purposes. We hope.to.re-
establish and make accessible a variety of species with traditional cultural uses, which may include wapato
(arrowhead plant), swamp ,tea, wild. cranberries, tules (bulrush), .slough .sedge and other species. Outdoor
interpretive panels will include traditional use information that is ,appropriate to share with.the public.
Following establishment of the cultural garden, stewardship guidelines and protocols for sustainable harvest will be
developed, with the goal of making some of the plants available for use each year, addressing a need identified by
our tribal partners for access to traditional resources. Education programs about plants and..native culture will
provide public benefit in exchange for the use of these resources.
ORGANIZATIONAL CONTEXT: The Duwamish Hill Preserve project is important in the context of the Tukwila Parks
Recreation Department, and the City of Tukwila's history, mission and goals for several reasons. The Hill was an
endangered cultural site that is significant to area Tribes; it is located in a diverse, low income community that is
under served in terms of open space; there is a high level of community support and involvement led by the
Friends of the Hill; and the Tukwila School District has adopted the site as an outdoor classroom.
Tukwila Mayor Jim Haggerton celebrated two heritage projects in his 2011 State.of the City address the public
opening of Phase I of the Duwamish Hill Preserve project, and the Tukwila Historical Society's new Heritage and
Cultural Center located in historic Hazelnut Park, in our former city hall and library. Having celebrated its centennial
in 2008, the City of Tukwila values its heritage and the Parks Recreation Department is a careful steward of the
City's heritage resources.
The Tukwila Parks Recreation provides staff support to two independent citizen advisory boards, the Parks
Commission and the Arts Commission, and manages 20 community parks, an award winning community center,
golf course, trail system, pool, and a variety of special events, services, and programs. Several of our parks include
significant cultural resources. Fort Dent Park at the confluence of the historic Black River and Green River, where
the Duwamish River begins, is the location of National Register listed archaeological resources and an early public
commission from Quinault Isleta Pueblo artist Marvin Oliver. Foster Park preserves the site of a riverboat landing
and early homestead claim. Duwamish Gardens and Codiga Park both preserve former farms operated by Italian
American families. Also in Tukwila under the jurisdiction of King County is Cecil Moses Park commemorating a
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Muckleshoot tribal elder, and along the Green River Trail is North Wind Fishing Weir Legend, an outstanding Coast
Salish artwork by Susan Point. Conservation and restoration of Duwamish Hill Preserve, and expansion of the
Preserve through acquisition of the West Parcel, has the support of our community, our city leaders, and our
regional partners.
NATIONAL REGISTER SOI GUIDELINES: Ethnographic documentation identifies Duwamish Riverbend Hill as
having the Lushootseed or Southern Puget Sound Salish place name of St'gaxw or "Beaver Lodge." The Hill is
potentially eligible for listing as a contributing resource to a Traditional Cultural Property district, along with three
related ethnographic sites in the immediate area: Sgwalac (also called Grandmother), Sxiysagw (Beaver), and
Stublal (North Wind's Fish Weir). The cultural significance of these sites was,comprehensively documented in
"Winds, Waterways and Weirs: Ethnographic Study of the Central Link Light Rail Corridor" (Sound Transit 2004).
Site development work is consistent with the Secretary of the Interior's Guidelines for the Treatment of Cultural
Landscapes including identification of character- defining features, assessment of how the landscape has changed
over time, and preservation of historic fabric. An archaeological survey was completed for Phase I and will be
completed for Phase II, and care is taken during project planning to 'ensure that appropriate tribal consultation is
undertaken.
Project Impact
PROJECT PLANNING: Prioritization of the project is discussed above, Planning for this project included development
of the 2007 Master Plan with input from the Duwamish and Muckleshoot Tribes, the Tukwila Historical Society, local
residents and other stakeholders, and this guiding document specifically included the West Parcel in the vision for
the Preserve's eventual complete restoration. The Phase I design was developed and implemented with tribal and
community input. SvR Design Company'has created a Phase II conceptual design included in support materials,
which shows the limited Phase II project area within the current boundaries of the Preserve, and the expanded
Phase II area that would be possible with the proposed acquisition. SvR has also made recommendations for the
archaeological, geotechnical and hydrological studies needed to inform Phase II design development but those
activities are on hold pending the acquisition of the West Parcel. We have presented our Phase II concept plan
regarding the cultural garden to the Duwamish and Muckleshoot Tribes and asked for their input on design, plant
selection and development of stewardship guidelines.
Acquisition of the West Parcel has been included as a priority within the City's Six Year Capital Improvement Plan
for the Parks Recreation Department. The City Council has adopted a "Walk and Roll Plan Tukwila's first
pedestrian and bicycle plan, which includes a future trail along the west side of the West Parcel in the historic
Interurban Trail corridor. This proposed trail would meet the existing Green River Trail just a few hundred feet to
the west, and connect with the planned Sound Transit Light Rail station 1 /4 mile to the north, providing excellent
multi -modal access to the Hill. Finally, we have developed an Education Interpretive Plan for the Hill included in
support materials, which has guided development of our K -12 program and interpretive walking guide.
OPERATIONS: The Tukwila Department of Parks and Recreation is the fee owner and manager of the Preserve, and
provides maintenance and operations services for the property as a component of its park system, with a focus on
opportunities for heritage education and passive recreation. CLC retains a Stewardship Easement (ownership and
management interest), and ensures that habitat stewardship, tribal cultural concerns and educational and
interpretive objectives are addressed. Our maintenance staff has readily assumed responsibility for the Preserve's
current 8,6 acres and can manage the addition of 1.75 acres. Strong community support by the Friends of the Hill
brings neighborhood volunteers to monthly work parties to help with removing invasive plants, planting and
monitoring native species, and other maintenance tasks. Twice each year, the Hill welcomes over 100 volunteers for
Duwamish Alive events, a regional effort to reclaim and restore properties along the Duwamish River.
PROJECT IMPACT PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound Salish heritage
more visible to residents and visitors in King County. By working collaboratively with the Muckleshoot and
Duwamish Tribes, the 'project has and will continue to re- connect tribal communities with their traditional lands,
provide access to those lands and build stronger relationships between contemporary tribal and non tribal
communities.
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This.project directly serves the ethnically diverse,-working class community of Tukwila, where 74% of the students
in the school district qualify for free or reduced -price meals. The school district population includes 35% transitional
bilingual speakers, an indication of'the high proportion of the population who are recent immigrants. This region
also had the largest concentration of pre contact Native American winter villages in all of King County, surrounding
the former confluence of the Black River and the Green River which formed the Duwamish River. The Hill presents
an outstanding opportunity to introduce Tukwila's (and King County's) current residents to the area's Native
American culture through traditional stories, place names, and environmental awareness. The Hill represents a
unique opportunity as an "outdoor museum" interpreting this endangered aspect of local heritage.
Having opened the upland Phase I portion of the property to the public just last year, the project has good
momentum and visibility. With the recent major Coast Salish exhibition at the Seattle Art Museum and increasing
awareness of the annual Tribal Canoe Journey, we anticipate that public interest in local Native American heritage
will grow. The Hill Preserve will offer an opportunity for tourists and King County residents to visit a place that
celebrates both the antiquity and the survival of Native American cultures in our region.
In terms of public access, each year over 500,000 residents of Tukwila, Seattle, and other local communities, and
visitors, access nearby Parks Recreation facilities such as the Starfire Sports Park at Fort Dent (1 mile away),
Foster Golf Course (.75 mile away), the Tukwila Community Center (0.5 mile away), and the Green River
Interurban Trail (0.1 mile away). Users of these facilities will be encouraged to visit the Hill through directional
signage and promotional information. As the cultural significance of the site becomes better known through .media
and on -site educational programs, residents of the Puget Sound region who want to know more about local Native
American heritage will seek out the site.
HERITAGE INTERPRETATION; Acquisition of the West Parcel will more than double the space available for Phase II,
increasing the area available for restoration of culturally useful plants by over, 7.6,310 square feet_and greatly
expanding opportunities for interpretative displays and programs related to those .planting areas..
Relevant Expertise Experience Accomplishments
Acquisition of the West Parcel and future Phase II development will be directed by Rick Still, City of Tukwila
Director of Parks and Recreation and Robert Eaton, Tukwila Parks Project Manager. Rick and Robert have directed
Phase I work on the Hill in partnership with CLC, led the Hill management team's efforts, developed budgets for the
project and the department, and _managed community outreach for the project, CLC project lead Hayes Swinney,
Lands Stewardship Director, works closely with City staff, and has been involved in several of CLC's major open
space acquisition efforts in King County. Nate Cormier, landscape architect at SvR Design Company, led the Master
Plan and Phase I design development processes, created the Phase II concept design and will lead the Phase II
design development process. Holly Taylor, heritage consultant who developed the Education Interpretive Plan for
the Hill, will take the lead on tribal consultation and development of heritage interpretive content.
Other members of the Hill Management Team include Brooke Alford, Friend of the Hill, Watershed Steward and
Tukwila Planning Commissioner; and Sean Albert, Friend of the Hill and Tukwila Parks Commissioner, who lead
volunteer recruitment and community engagement, and serve as citizen advisors.
Parks and Recreation Department staff, CLC staff and other members of the management team have worked
collaboratively for nearly a decade to raise nearly $1 million for acquisition of the initial 8.6 acre Preserve, and
raise another $825,000 for Phase I restoration and development. These accomplishments along with expertise
developed on similar conservation and restoration projects have laid the groundwork for a successful outcome to
this project, and the collaboration between heritage and environmental advocates ensure that the Hill's many
contributing elements will be managed respectfully.
Project Implementation
Our immediate goal is to secure an option agreement with the owner of the West Parcel, who has been supportive
of our efforts to acquire the property but reluctant to move forward until we secured a significant portion of the
funding that we need. In July 2011 we received news that our grant request to the King County Conservation
Futures Program was successful, securing $250,000 for the acquisition. These funds, combined with the City's funds
File: ion %20Department City% 20of %20Tukwila %20Parks %20and %20 Recreation 20Department _0059_field Data. htm1[9 /22/2011 5:01:34 PM]
($500,000) represent 75% of the purchase price, a threshold which we needed to reach in order to proceed with a
formal agreement with the property owner. Our goal is to secure a Purchase &Sale Agreement by November 30,
2011 and complete the acquisition by June 30, 2012.
As with the acquisition of the Preserve's initial 8.6 acres, the City and CLC will work in tandem, drawing on CLC's
legal and financial expertise with conservation real estate transactions. Once acquired, the 1.75 acre West Parcel
will be added to the Duwamish Hill Preserve under the fee ownership of the City of Tukwila, and CLC's stewardship
easement will be amended to include the acquisition piece.
Our request to 4Culture requests 7.5% of the purchase price. With 75% of the purchase price committed by City
and County funds dedicated to the acquisition of open space, we will work to secure the remaining 17.5% by
making a series of modest requests to public agencies that provided support for the acquisition of the eastern
portion of the property in 2004, and to foundations and private donors that provided support for Phase I
development or who have indicated their interest in the project. The City's partnership with CLC will allow individual
and corporate donors to make tax deductible contributions toward the acquisition.
4Culture's support for this acquisition effort provides a tangible recognition of the cultural value of the Preserve.
Unlike museums which collect and interpret artifacts; with this project the land itself is the artifact, and the
"exhibits" will be living examples of restored native plant communities, with interpretation focused on the
traditional cultural uses of these resources by the region's Puget Sound Salish people.
Acquisition of the West Parcel will more than double the acreage available for Phase II restoration work and
heritage interpretation, expanding the area from 1.4 acres to 3.15 acres. In addition to creating larger area for
restoration and interpretation, the acquisition will create a direct connection with a future regional trail link, and
provide more open visual and physical access to the Preserve's northern portion; improving site security and
expanding design possibilities. In addition to the recently installed etched metal artworks created by Mette' Hanson
for each of the Preserve's eight sandstone benches, we hope to work with the Tukwila Arts Commission and a local
Native artist to commission an original work for the Phase II project area to celebrate the Duwamish River Valley
cultural and natural heritage.
Project publicity will be sent to area media including the Seattle Times, the Highline Times, the Renton Reporter,
the West Seattle Herald, the Tukwila blog http: /tukwilatalk.ning.cor h and the Georgetown Neighborhood blog
www.blogginggeorgetown.com. We will also develop feature articles for the City of Tukwila newsletter the Hazelnut,
and the Cascade Land Conservancy quarterly magazine, both of which are distributed on the internet as well as in
printed form. In addition, project information will be shared with regional organizations such as the Green
Duwamish Watershed Alliance and the Duwamish River Cleanup Coalition which seek to promote public interest in
the river.
In terms of the "big picture" of the Duwamish Hill Preserve project, acquisition was completed in 2004 for
$998,700, and this support was provided by 4Culture, City of Tukwila, Foster'High School Drama Club, Individual
donors, Interagency Committee for Outdoor Research Land Conservation Fund (now the Recreation Conservation
Office), King Conservation District, King County Conservation Futures Fund, King County Landmarks Heritage
Commission, Muckleshoot Community Charity Fund, SAFECO, Seattle Police Athletic Association, The Boeing
Company, and the Washington State Legislature. Master planning and Phase I were supported by 4Culture; Ex
Officio, Friends of the Hill, King County Department of Natural Resources Waterworks Program, REI, Sound Transit,
and the Washington State Heritage Capital, Projects Fund.
Following completion of the acquisition, we will move forward with design and implementation of Phase II, toward
which we have already secured a hard -won grant of $150,000 from the 2011 -13 Washington State Heritage Capital
Projects Fund. Our application was rated #2, statewide and included in the 2011 state budget; our application
focused on Phase II development as it was submitted in 2010 before acquisition of the West Parcel became a
possibility. Additional funds have been secured for Phase II planning studies, including archaeological survey and
hydrogeological studies. Following acquisition, with our strong track record of collaborative fund raising and project
management, we are confident that we can complete Phase II in the next 3 -4 years. In -kind support for the project
nle: ion City% 20of% 20Tukwila% 20Parks% 20and% 20Recreaton% 20Department _0059_rieldData.html[9 /22/2011 5:01:34 PM]
includes significant staff time from the City of Tukwila, CLC and SvR Design Company, and volunteer time from
community members on the project management team, as well as anticipated volunteer time working on Phase II
landscape restoration.
file: ion %20Department City% 20of %20Tukwila %20Parks %20and %20 Recreation 20Department _0059_feldData.html[9 /22/2011 5:01:34 PM]
x
4Culture Heritage Cultural Facilities 2011
Project Budget
Even if you are applying for a specific line item from your project plan for funding, present the budget for the entire
project. When in doubt, always contact staff.
Remember to double -check your totals! Many applications receive a low ranking when project expenses do not add
up or match income.
Value in -kind costs as though they are to be paid at regular market rates. Your vendors should be able to provide
current estimates of costs for their in -kind services.
Make certain you do NOT include regular personnel overhead costs (staff who would be paid by the organization
whether or not your project was taking place). Contract personnel added for the project, including fundraising
professionals, may be a part of your overall project expenses, but remember that Lodging Tax funds cannot be used
to pav for fundraising costs, financing costs or contingencies associated with a capital oroiect.
Total Cash Expenses should NOT include in -kind costs. Total Cash Exoenses should EQUAL Total Proiected Income.
Item #1 in the Project Income section, Applicant's Contribution, should NOT include Board donations (see Item #5
for that category). Item #1 refers to any reserve funds that will be applied to the project or special events funds that
will be used for the project.
Be as specific as possible regarding all potential sources of revenue.
N/A this application focuses just on acquisition
Sub Total:
2. Construction /Renovation Costs
Cost estimate breakdown, including sales tax:
N/A this application focuses just on acquisition
Sub Total:
Page I 1
A. Project Expenses. Cash
In -Kin
1. Design
Cost breakdown by phase including feasibility studies, architectural, design, engineering
and other consultant fees, design development, schematics, construction drawings, bid
documents:
4Culture Heritage Cultural Facilities 2011
3. Fixed Assets (equipment, fixtures, furnishings)
For fixed assets applications, specify item(s) and cost, including tax. Provide a separate
detailed list of the fixed assets in the upload section of the online application.
N/A this application focuses just on acquisition
Sub Total:
4. Purchase of Facility
Cost estimate breakdown including purchase price, commissions, mortgage fees, closing
costs, etc.:
Purchase Price
Appraisal, title legal work
Closing fees taxes
Environmental assessment for hazardous materials
Project administration staff costs (CLC City)
S. Soft Costs (permits, insurance, bonds, sales tax, etc.)
N/A this application focuses just on acquisition
6. Financing Costs
7. Fundraising Costs
8. Total Cash Expenses (1 -7)
9. Total In -Kind Contributions (1 -7)
10. TOTAL PROJECT COSTS #8 Cash #9 In -Kind)
$1,000,000
$15,000
$10,000
$11,500
$12,000
Sub Total:
Sub Total:
$5,000
$1,053,500
$1,063,100
$9,600
$9,600
Page 1 2
4Culture Heritage Cultural Facilities 2011
Projected. Check if Amount
B. Project Income (CASH ONLY) a p? I1ed7 Confirmed:
Income requested
1. Applicant's Contribution
City REET funds ($500,000) City CIP funds ($25,000)
2. Corporations (identify)
Alaska Copper (donation to CLC for staff costs)
RE]
3. Foundations (identify)
Muckleshoot Charity Fund
4. Government (including federal, state, and local
agencies)
King County Conservation Futures Fund
King Conservation District
Washington State Recreation Conservation Office
5. Individual Donors
Board
Others
6. Other (describe)
The final 2% of the purchase price ($20,000) will be requested
from local business donors including the Sabey Corporation,
Raisbeck Engineering, Boeing Employees Credit Union, the
Seattle Police Athletic Association and private individuals
$525,000
$12,000
$5,000
$5,000
$250,000
$61,500
$100,000
$20,000
7. Amount requested from the 4Cu'lture H`i=_ntage Cultural
Facrhifiies Progiam 1 $75 000
8. Total Projected Income Note: Total Proiected Income
should equal Total Cash EXaenses reported in the previous section.) $1,053,500
9. Total Funds Confirmed This will not include your request
from the 4Culture 2011 Heritage Cultural Facilities Program.)
$525,000
$12,000
No
$250,000
$787,000
Page 13
x
4Culture Heritage Cultural Facilities I 20ii
Three Year Organizational Operating Budget
Use actual numbers for the past two years and projected year -end totals for current year. Type in your own fiscal year
under "Actual /Current Budget" if different from calendar year. Use the operating budget notes page to describe changes
or give additional budget information.
This document should be used to reflect operational and /or program activities only. Budget information should be
for the organization that will operate the facility.
THESE FIGURES SHOULD NOT REFLECT ANY CAPITAL PROJECT INCOME OR EXPENSE. Do not include prior grant
activity for fixed assets and construction projects!
Please do not submit handwritten budget pages. They are extremely difficult for panelists to read.
Personnel costs separated by program may be available from your financial statements or your Federal Tax 990
form. The choices you make in allocating these costs (determining that the Executive Director is half administrative
and half outreach, for example) are less significant than making sure that allocations remain consistent year to year.
'A. Operations
ACTUAL ACTUAL CURRENT BUDGET
2009 2010 2011
EXPENSES:
Permanent Personnel
1. Heritage
2. Technical
3. Administrative $363,730 $379,988 $319,420
4. Education and /or Outreach
Temporary Personnel
5. Heritage
6. Technical
7. Administrative
8. Education and /or Outreach
Other
9. Exhibition Programmatic expenses $2,353,106 $2,521,449 $2,114,788
10. Marketing/ Promotion expenses
11. Fundraising expenses
12. Education and /or Outreach expenses
13. Occupancy expenses (mortgage /rent /utilities)
14. Travel and Transportation
15. Administrative Expenses
16. SUBTOTAL (add lines 1 -15) $2,716,836 $2,901,437 $2,434,208
17. In -Kind expenses In -kind income)
18. TOTAL OPERATING EXPENSES (add lines 16 and 17) $2,716,836 $2,901,437 $2,434,208
Page I 1
4Culture Heritage Cultural Facilities 2011
INCOME:
Earned
19. Admission
20. Membership Dues
21. Classes Workshops Lectures
22. Concession Sales Rental Leases
23. Interest Earnings (savings, reserves, etc.)
24. Other Earned Income
25. TOTAL EARNED INCOME (add lines 19 24)
26. Earned income percentage (divide line 25 by line 41
27. EARNINGS GAP (line 18 minus line 25)
Contributed
28. IMLS or other Federal Government
29. Wash. Commission for the Humanities
30. Other State Government
31. 4Culture /King County
32. Other County Government
33. City Government
34. Corporations
35. Foundations
36. Individuals
37. Benefits /Fundraising Events
Other contributions
38. Miscellaneous contributions
39. SUBTOTAL CONTRIBUTED INCOME (add lines 28 -38)
40. In -kind Contributions
41. GRAND TOTAL INCOME (add lines 25,39 and 40)
42. SURPLUS (OR DEFICIT)
43. Depreciation (if applicable)
44. "INTER- FUND" TRANSFERS
45. SURPLUS (DEFICIT) AFTER TRANSFERS
$469,260 $536,000 $586,000
$287,384 $225,000 $346,000
$756,644 $761,000 $932,000
$1,923,565 $2,104,437 $1,471,817
$13,208
$5,000
$16,000
$23,419
$31,000
$14,391
$1,960,192
$2,140,437
$1,502,208
$2,716,836
$2,901,437
$2,434,208
Page 12
4Culture Heritage Cultural Facilities 2011
B. Operating Budget Notes
Op.erotin.g budget notes are valuable in explaining variances in your• fnancial report dfb.udget figures demonstrate an increase or
:decrease of mare than, 0% from.the previous year., in any .category, please explain. the:re.ason for th.e change here. indicate theline
number and year.with each note. If you. have budget items that you think require additional elarification,. you m.ay .also use this space
to Provide ,.thgt.informgtion:
Line Number /Year Note:
Summary
Page 13
x
'Sr
M.
The Tukwila Parks Commission is appointed by the City Council and serves in an
advisory capacity concerning all recreation and golf services and parks development
and policies. The Parks Commission meets on the 3rd Wednesday of the month at
5:30 p.m, at the Tukwila Community Center.
Membership: 5 members /3 -year term
Board Type: Advisory
Liaison: Mayor's Parks and Recreation Director
Major duties: Advise City officials regarding the acquisition, development,
expansion and operation of parks and recreational facilities and programs.
Appointed by Mayor, Confirmed by Council, Ord. 1018
Position Member
#1 (Resident)
Sean Albert
#2 (Resident)
Alice Russell
#3 (Resident)
Joanne McManus
#4 (Resident)
Scott Kruize
#5 (Resident)
VACANT
Term Expires
03/31/2013
03/31/2012
03/31/2011
03/31/2012
03/31/2010
Confirmed by
Council
10/18/2010
12/01/2003
04/19/1999
06/06/2005
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EXHIBIT B
SPECIFIC SCOPE OF WORK
CONTRACT NO. 111698H
4Culture, the Cultural Development Authority of King County, will reimburse the City of Tukwila Parks and
Recreation Department for satisfactory completion.of the services and requirements as specified in this contract
in an amount not to exceed $50.000.00. Payment will be made available in the following manner:
Invoice #1 #2: For up to $50.000.00 total: For acquisition of an adjacent 1,75 -acre parcel to expand the
Duwamish Hill Preserve's cultural garden. Accompanying the 4Culture invoice for these expenses will be
documentation that identifies vendors and details work performed. Such documentation shall include, but is not
limited to, proofs of purchase, work orders or receipts for purchases.
NOTE: In order to be an allowable item, equipment purchased must be items classified as "fixed assets" intended
for 10 year use and valued as depreciable assets and not expensable materials.
NOTE: Anv r)roiect involving construction, restoration or rehabilitation work on an historic structure is subject to
the following additional reauirements:
Any rehabilitation and /or restoration project involving an historic resource listed on the National Register of
Historic Places or a local landmarks register, or determined eligible for said registers including a resource in
process of nomination, must adhere to The Secretary of the Interior's Standards for Treatment of Historic
Properties.
Any rehabilitation and /or restoration project that would affect any designated feature(s) of significance of a King
County Landmark or local landmark designated by way of an interlocal agreement for preservation services with
King County, including a contributing property located within an historic district, must obtain a Certificate of
Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or
commencing construction.
Any rehabilitation and /or restoration project that would affect a designated landmark located in a jurisdiction that
is a Certified Local Government (CLG) with professional staff, must provide evidence that it has received any
formal approval required by law from a qualified design review board prior to obtaining a building permit or
commencing construction.
Facility Contract Specific Scope of Service
x
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure, at its sole cost and expense, insurance against claims for injuries, to persons or damages to
property which may arise from, or in connection with the performance of work hereunder by the Contractor, his agents,
representatives, employees, and /or subcontractors. The costs. of such insurance shall be paid by the Contractor or
subcontractors.
For All Coverages: Each insurance policy shall be written on an "Occurrence" form.
1. Minimum Scope of Insurance needed for this contract is as follows:
Commercial General Insurance Services Office form number (CG 00 01 Ed. 11 -88)— Minimum
Liability Combined Single Limit of $1,000,000 BI PD with a General Aggregate
per project
F� Automobile Liability Covering all owned and non -owned and hired automobiles Combined
Sinqle Limit of $1,000,000 BI PD
2. Deductibles and Self Insured Retentions.
Any deductibles or self- insured retentions must be declared to, and approved by 4Culture. The deductible and /or.self-
insured retention of the policies shall not apply to the Contractor's liability to 4Culture and shall be the sole responsibility of the
Contractor.
3. Other Insurance Provisions
A. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) General Liability Policies
(1) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects
liability arising out of activities performed by or on behalf of the Contractor in connection with this Agreement.
(2) To the extent of the Contractor's negligence, the Contractor's insurance coverage shall be primary
insurance as respects 4Culture, its officers, employees, and agents. Any insurance and /or self- insurance maintained by the
4Culture, its officers, employees, or agents shall not contribute with the Contractor's insurance or benefit the Contractor in any
way.
(3) The Contractor's insurance shall apply separately to each insured against whom claim is made and /or
lawsuit is brought, except with respect to the limits of the insurer's liability.
(b) All Policies
(1) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as
reduced in aggregate by paid claims, at any point during the life of this contract.
4. Acceptability of Insurers
Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no
less than A -VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII.
5. Verification of Coverage
Unless otherwise approved in writing by 4Culture, Contractor shall furnish 4Culture with certificate(s) of insurance
evidencing compliance with requirements set forth above, which certificate(s) shall provide that no material change, or
cancellation or nonrenewal of policies referred to herein shall occur without thirty (30) days' prior written notice to 4Culture.
Facility Contract Insurance Requirements
x
EXHIBIT D
PUBLIC BENEFIT PROVISIONS
CONTRACT NO. 111698H
In exchange for receiving these funds the Contractor, Citv of Tukwila Parks and Recreation Deoartment, shall
agree to the following provisions to ensure that the citizens of King County receive public benefit:
The Citv of Tukwila Parks and Recreation Deoartment will be committed to a public heritage use for a period of
no less than 10 years. During that time, the public will regularly have access to the facility and will benefit from
the following types of potential uses:
Regularly scheduled free or reduced price admission to exhibits and interpretive programs at the site
Access to special events produced by the City of Tukwila Parks and Recreation Department
Access to educational programs held in the facility that are targeted to underserved King County
populations such as students, senior citizens, or other specific audiences
The Contractor agrees to widely publicize its public benefit performances, events and programs throughout King
County and to track the number of public benefit events and audiences served by such programs.
Facility Contract Public Benefit Requirements
x