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Reg 2024-07-01 Item 7 - Update - Tukwila South Development Agreement
COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 7/01/24 AY ITEM INFORMATION ITEM No. 7 STAFF SPONSOR: N.GIERLOFF ORIGINAL AGENDA DATE: 7/ 1/ 24 AGENDA ITEM TITLE Briefing on Tukwila South Development Agreement CATEGORY ® Discussion Mtg Date 7/01/24 Motion Mtn Date Resolution AN Date ❑ Ordinance Mtg Date Bid Award Mtg Date ❑ Public Hearing ❑ Other Mtg Date Mtg Date SPONSOR ❑ Council ® Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW SPONSOR'S SUMMARY The 2009 Development Agreement governing the Tukwila South subarea is due to expire at the end of 2024. Segale Properties has requested an extension. The intent of this discussion is to provide context for further discussion of this issue. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC DATE: N/A ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED $N/A AMOUNT BUDGETED SN/A APPROPRIATION REQUIRED $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 07/01/24 MTG. DATE ATTACHMENTS 7/01/24 Informational Memorandum PowerPoint Tukwila South Master Plan Vision and Guiding Principles Summary of DA Conditions with Amendments and Addendums 79 80 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Marty Wine, City Administrator BY: Nora Gierloff, DCD Director Derek Speck, Economic Development Administrator Brandon Miles, Strategic Initiatives and Government Relations Director CC: Mayor McLeod DATE: June 24, 2024 SUBJECT: Briefing on Tukwila South Development Agreement ISSUE The 2009 Development Agreement governing the Tukwila South subarea is due to expire at the end of 2024. Segale Properties has requested an extension. The intent of this work session is to provide context for further discussion of this issue. BACKGROUND As part of the "Tukwila Tomorrow Committee" work in developing the 1995 Comprehensive Plan, the City of Tukwila completed an in-depth Background Report for Tukwila South. In 2009 the City of Tukwila completed its long-standing goal of annexing Tukwila South, see Attachment A. Tukwila South is just over 500 acres in size and represents one of the largest undeveloped greenfields in the Seattle metropolitan area. For comparison's sake, Tukwila South is larger than either South Lake Union or downtown Bellevue. The development of the area presents an opportunity for the City of Tukwila to significantly increase its commercial and residential base, while also increasing the City's tax base. State Environmental Policy Act (SEPA1 In 2005, the City of Tukwila issued a Final Environmental Impact Statement (FEIS) under SEPA for future building out of Tukwila South. The Tukwila South FEIS analyzed the potential impacts associated with the build out (including re -development of the existing Segale Business Park), assuming full build -out of 10.3 million square feet of various uses and up to 10,166 new vehicle trips. Master Plan Policy 9.1.3 of the City's 1995 Comprehensive Plan element regarding Tukwila South required that a master plan be completed before any significant land altering occurred in Tukwila South. On June 8, 2009, the City of Tukwila adopted Ordinance 2234, which approved a Master Plan for Tukwila South defining defined the vision, goals, and objectives for the largely vacant, mostly single -owner area, see Attachment C. The full document is available as Exhibit 4 to the DA, see link in next section. As was discussed in the Master Plan: "With nearly 500 acres of land five minutes from SeaTac Airport and adjacent /-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 81 INFORMATIONAL MEMO Page 2 82 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major, "non -Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the City of Tukwila and improve the quality of life of its residents." Development Agreement In 2009, to assist in developing the area in a coordinated manner, the City of Tukwila and Segale Properties, LLC executed a Development Agreement (DA) for Tukwila South. The original agreement and the first amendment are saved at: https://records.tukwilawa.gov/WebLink/DocView.aspx?id=9859&searchid=12091625-6cc5- 4aa5-ab97-fa28e358cc85&d bid=1 The Exhibits to the agreement are saved at: https://records.tukwilawa.gov/WebLink/DocView.aspx?id=9860&searchid=12091625-6cc5- 4aa5-ab97-fa28e358cc85&dbid=1 The multiple addenda and amendments to the DA between 2010 and 2014 are saved at: https://records.tukwilawa.qov/WebLink/DocView.aspx?id=58501 &searchid=32eb49d8-2ea3- 46bc-b2cf-9317f60c2b8d&dbid=1 According to the Ordinance that adopted the DA: "[Segale Properties] Intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan ("Master Plan"). The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of a campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area. The Tukwila South Project includes the extension of Southcenter Parkway in an alignment along the west edge of the valley floor; thus, functioning as the major transportation arterial through the site. The Tukwila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections." Sensitive Area Master Plan (SAMP) To facilitate development of the Tukwila South Project, the City approved a Sensitive Areas Master Plan under file number L10-014. The SAMP allowed Segale Properties to develop an area -wide plan for alteration and mitigation of sensitive areas that results in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC 18.45, the City's sensitive areas regulations (now https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx INFORMATIONAL MEMO Page 3 called critical areas). The critical areas and their corresponding buffers identified as "Native Growth Protection Areas" will be permanently protected with easements recorded against such property. The Native Growth Protection areas are called Sensitive Area Tracts on the preliminary plat, see Exhibit 3 to the DA. The mitigation work and monitoring for the wetlands and watercourses has been completed but is awaiting final approval by the Department of Ecology. Grading Permit On April 29, 2011, the City issued a grading permit (PW10-064) to Segale Properties, LLC for mass grading of the Tukwila South project area. The purpose of the grading permit was to prepare the area for future development in accordance with the approved Master Plan and Development Agreement. The applicant is still in the process of completing the work outlined in the approved grading plan. Shoreline Substantial Development Permit In conjunction with the above grading permit, the City of Tukwila issued a shoreline substantial development permit (L10-025) for grading within 200 feet of the Ordinary High Water Mark (OHWM) and to modify an existing flood levee. Like the grading permit, the shoreline substantial development permit was to prepare for the future development of the Tukwila South area in accordance with the approved Master Plan and Development Agreement. Subdivision In 2013, the City's Hearing Examiner approved a preliminary plat for Tukwila South identifying 42 lots, 5 sensitive area tracts, and two regional detention tracts. A Phase 1 Final Plat was recorded in 2018 that included the sensitive area and regional detention tracts, 3 lots to be leased or sold on an individual basis, and 14 future development tracts covering the remainder of the Tukwila South site that may not be built upon until they are further subdivided into developable lots in later phases. An extension to the Preliminary Plat was issued in 2022, extending the expiration date until December 22, 2024, the same time period as the DA. TMC 17.14.050 Expiration allows for two more extensions of the preliminary plat to be requested for 2 years each. After that a new subdivision will be required to create any additional lots. ANALYSIS Large sections of the original development agreement have been either superseded by subsequent amendments or addendums or concern activities that have been completed, such as the realignment of S 178t" Street and the construction of the fire station. Staff has been working with Segale Properties to identify which deal terms remain relevant to the future development of Tukwila South. To date we have identified the following issues which staff and Segale Properties are currently discussing: i. Vesting o The DA vests development within Tukwila South to the Zoning, Subdivision, Shoreline Master Program, SEPA, stormwater, surface water, and transportation concurrency codes in place at the time of DA adoption in 2009. o Some of these environmental regulations are based on State codes or best available science which has evolved since 2009 and may not be within Tukwila's power to vest. https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx 83 INFORMATIONAL MEMO Page 4 o Staff has concerns about the feasibility of processing land use and construction permits under outdated codes referencing unfamiliar past procedures and standards. o The agreement provides that up to 85% of development areas served by each stormwater facility may be covered with impervious surfaces. 2. East-West Bike/Ped connectors o Segale Properties agreed to provide eight 14' wide pedestrian corridors and connections from the river bike/ped trail through the site, to off -site ped trails and city ROW. o Siting of these corridors has been postponed multiple times by mutual agreement pending development of the site. The latest deadline for providing these easements to the City was 12/31/2019. 3. Sensitive area mitigation and monitoring o Wetland & fisheries mitigation monitoring & maintenance are awaiting final approval from the Department of Ecology. o Fisheries mitigation monitoring is complete, there is an issue with the Johnson Creek flapgate not allowing fish upstream. Unimpeded fish passage into Johnson Creek was a condition of the 2007 Hydraulic Project Approval permit. 4. Native Growth Protection Areas o To date the City has not received recorded easements for three of the five NGPA areas needed to identify them as areas to be preserved rather than developed. 5. Traffic Concurrency o The Tukwila South EIS established a "trip bank" of 10,166 net new PM peak hour trips. Development within Tukwila South that generated up to that number of trips would be permitted without further concurrency review. The horizon years for the traffic analysis in the 2005 EIS were 2015 and 2030. 6. Ownership Change o A portion of the Segale Business Park that is covered by the DA was sold to Clarion Partners. This makes Clarion a party to the existing DA and would require their approval for any future amendments or extensions. Staff is evaluating the following options: 1. Extending the DA as is for additional years before it expires this year; 2. Creating a new DA that only includes terms relevant to future development and excludes parcels owned by Clarion; 3. Allowing the DA to expire so that development would occur according to regulations in place at the time of each permit application. FINANCIAL IMPACT Negotiating, developing, and implementing an extension to the existing DA or creation of a new DA will involve considerable staff and legal time. Development of the Tukwila South subarea would increase the City's tax base and revenues. RECOMMENDATION Information Only. ATTACHMENTS A. Tukwila South Development Agreement Presentation B. Tukwila South Master Plan Vision and Guiding Principles C. Summary of DA Conditions with Amendments and Addendums 84 https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/Tuk S Workshop Briefing/7-1-24 Tuk S Info Memo.docx TUKWILA SOUTH DEVELOPMENT AGREEMENT STATUS UPDATE CITY COUNCIL WORK SESSION JULY I, 2024 , PrY,No An • _ r?" , Vil\P (?.:O 1 tee.< • • _ • • - ‘";e F-Pcr,,L -=1-1 '' • •-•-• ,-;;;NF). kca.:•-•',/"Y`V: r tr• , sri _ — — ......, .„-_—_—•__. ____ 9" ( • .._ _:7"-- • c ' , y.\ - ........ t • r • ' fl-N.,.(v..• • 4 •• • - . (n_ n /----7774YrArWA-rr. 4.) 4104r,r1( Image excerpted from 2009 Tukwila South Master Plan AGENDA Tonight's Purpose Context Original Vision Current Status of Development Agreement Next Steps Q&A and Discussion Tukwila Southcenter Image excerpted from Prato District marketing brochure TONIGHT'S PURPOSE The Tukwila South development agreement expires in December 2024. Segale Properties has requested an extension. Staff is reviewing the request and discussing options with Segale Properties. The purpose of tonight's agenda item is to provide context in the event staff returns to Council with proposed amendments in fall 2024. Tukwila Southcenter Image excerpted from Prato District marketing brochure CONTEXT Tukwila South development was conceptualized in the City's 1995 Comprehensive Plan Large site mostly under single ownership Lacked infrastructure Large portion in unincorporated King County Shared vision of property owner & city Negotiations started prior to 2004 City issued Final Environmental Impact Statement (FEIS) in 2005 Council approved the Master Plan in 2009 Council approved the Development Agreement in 2009 Portion of Segale Business Park is now under separate owner Tukwila Southcenter Image excerpted from Prato District marketing brochure ORIGINALVISION Major new urban node and destination in region 5 to I 0 million square feet of office technology / flex -tech space to 2 million square feet of goods and services 700 to 1,900 units of housing Fine grained, pedestrian oriented districts Roads and utilities infrastructure Environmental stewardship Implementation over 25 to 30 years La Pianta LLC MIXED -USE DEVELOPMEN THE VISION AND THE OPPOR STER PLAN TUKWILA SOUTH PROJECT MASTER PLAN Image from 2009 Tukwila South Master Plan DEVELOPMENT AGREEMENT: PROVISIONS AND REQUIREMENTS Annexation (Segale) — Completed Amend Tukwila South Overlay District (City) — Completed Amend Shoreline Master Plan (City) — Completed Design Southcenter Parkway (Segale and City) — Completed Dedicate land for Southcenter Parkway (Segale) — Completed Construct Southcenter Parkway (City) — Completed Vacate Frager Road and portion of Southcenter Parkway (City) - Completed Transfer city detention pond (City) - Completed Construct stormwater ponds for Southcenter Parkway and site development (Segale) — Completed DEVELOPMENT AGREEMENT: PROVISIONS AND REQUIREMENTS Relocate South 178th Street (Segale) — Completed Obtain water, power, and gas service (Segale and City) — Completed Voluntary fire impact fee (Segale) — No longer applicable; replaced by fire impact fees Donate land for fire station (Segale) — Completed Provide fire mitigation payment (Segale) — Completed Provide refundable fire impact fee deposits (Segale) - Ongoing Construct fire station (City) - Completed Limitations on certain uses — Currently in effect DEVELOPMENT AGREEMENT: PROVISIONS AND REQUIREMENTS Prepare a Master Stormwater Infrastructure Plan (Segale) — Completed Prepare Sensitive Area Master Plan (SAMP) (Segale) — Completed Implement SAMP, including fisheries mitigation plan (Segale) — Nearly completed (pending DOE approval) Modify cross -levee at S I 96th Street (Segale) — Completed Create off -channel habitat (Segale) — Completed Clearing, grading, filling site including 404 permit (Segale) — In progress Donate easement for bike/pedestrian trail along crown of levee (Segale) — Completed Donation of easements for levee (Segale) — Completed DEVELOPMENT AGREEMENT: VESTING Comprehensive Plan (adopted 2004; amended 2008) Zoning ordinance (in effect June 2009) Subdivision ordinance (in effect June 2009) Shoreline Master Program designations and pre -designations (in effect June 2009) SEPA regulations and substantive SEPA policies (no additional SEPA review if under 10,166 net new trips, etc.) Transportation concurrency regulations and approval up to 10,166 net new trips Development limited to trip ceiling of 10,166 net new trips Traffic impact fee credit for existing trips Notes: During the Term of this Agreement [Segale Properties] may, at its option, develop the Property or portions thereof in accordance with new code provisions. Vesting is provided to the extent allowed by State and Federal law. DEVELOPMENT AGREEMENT: VESTING Stormwater, surface water treatment and quality, surface water retention and detention design standards and ordinances (unless superseded by State or Federal regulations) ■ City of Tukwila Development Guidelines and Design and Construction Standards (Second Edition, Revision I, 2005) ■ 1998 King County Surface Water Design Manual ■ 2005 King County Surface Water Design Manual (for South Facility) ■ Table I Modifications Exceptions to grading ordinance 2062 Up to 85% of developable area may be covered by impervious surfaces Dispute resolution process DEVELOPMENT AGREEMENT: ISSUES UNDER DISCUSSION Vesting Clarion Partners is now a party to the development agreement No protest agreement if City forms utility local improvement district for sanitary sewer Create plan for bike/pedestrian trail connections (Segale) Orillia Road Connector (Segale) — Requirement not yet triggered DEVELOPMENT AGREEMENT: NEXT STEPS Staff and Segale Properties will continue discussions: Whether to extend the development agreement "as is" Whether to create a new, simpler development agreement Whether to let the development agreement expire Staff will update the Council in Fall 2024 REVIEW ✓ Tonight's Purpose ✓ Context Original Vision Current Status of Development Agreement Next Steps Q&A and Discussion y Z. TECHNOLOGY PARK AT PRATO DISTRICT TUKWILA, WA I DECEMBER 13, 2021 Image excerpted from Prato District marketing brochure co co La Pianta LLC - i' • Y • -�-. - I• '2 • - ..}� jy• MIXED -USE DEVELOPMEN THE VISION AND THE OPP • MASTER PLAN UN TUKWILA SOUTH PROJECT MASTER PLAN COLLINSWOERMAN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN I ■ MAY 2009 TABLE OF CONTENTS • 1 E 1 m 1 4 6 PAGE NUMBER VISION 1 GUIDING PRINCIPLES 3 LAND USE ELEMENTS 7 NATURAL ENVIRONMENT 15 INFRASTRUCTURE TIMING 19 DEVELOPMENT PHASING 21 APPENDIX A La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I ■ MAY 2009 COLLINSWOERMAN e I VISION La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I ■ MAY 2009 COLLINSWOERMAN O N VISION `uISIr' This Master Plan document defines the goals, objectives and vision of Segale Properties to transition almost 500 acres of mostly undeveloped property in Tukwila, Washington, to a memorable regional destination that can compete nationally and internationally for employers and goods and services. With nearly 500 acres of land five minutes from SeaTac Airport and adjacent to 1-5, the Tukwila South project site is the largest private development parcel in the greater Seattle area. Properly planned and implemented, the project will provide 25,000 new jobs and join the University of Washington, Microsoft and Boeing Everett as the region's fourth major,"non-Central Business District" employment center. It will become a major new urban node in the region and provide significant benefits to the city of Tukwila and improve the quality of life of its residents. Because of the sheer size of the site, the implementation of this vision will span many development cycles over 25 to 30 years. The initial value created by early development efforts will allow infill development in future cycles that will continue to build value for the property and increase density over time. The Tukwila South development strategy emphasizes multiple uses, including 5 to 10 million square feet of office technology / flex -tech space, 1 to 2 million square feet of goods and services, and 700 to 1,900 units of housing. These uses will be grouped in fine-grained, pedestrian -oriented districts markets for various uses fluctuate from development cycle to development cycle. • • 1 w,r. ->� AM 7 { 7.4•p I ,V:171 12P-4.. .404'...;74.7"".:Liti:41,_ . A well -planned multi -use environment will also help mitigate development risk as the The Tukwila South Master Plan's measures to protect and enhance the site's natural environment include the enhancement of Johnson Ditch into a fish -friendly tributary, the creation of back -water fish habitat in the Green River, and the restoration of a 32-acre wetland complex. The project's design will integrate its transportation infrastructure, develop shared parking concepts, and create internal natural environments with visual connections to the green amenity of its western hillside and the open space amenity of the Green River to the east. O W COLLINSWOERMAN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN in MAY 2009 VISION 0 THE MASTER PLAN AND THE CITY'S COMPREHENSIVE PLAN The Tukwila South Master Plan's vision and guiding principles mirror and reinforce those set out in the City of Tukwila's Comprehensive Plan. As described in this document, Tukwila South will substantially aid the City in creating "safe and secure places to live" and "an economy that provides jobs, ways to get around, schools, and recreational opportunities" all identified as core reasons for the creation of its Comprehensive Plan. The Master Plan also allows the City opportunities to satisfy the Growth Management Act requirements set out in the Comp Plan's introduction, including the identification of "Urban Growth Areas that can accommodate at least 20 years of new population and employment" and the identification and protection of"open space corridors of regional significance." Most importantly, it materially assists what is identified as the Comp Plan's primary charge: to preserve and enhance"Tukwila's long-term economic growth and community viability and identity." The Master Plan represents a rare opportunity to create a strong and appealing identity for the site itself and serve as a highly visible, memorable gateway to the city of Tukwila as a whole. Southcenter Parkway (57th Avenue S) will be expanded and extended through the site in a new alignment; this will provide an improved connection to the area from the Tukwila Urban Center. Improved east -west access will be provided by realignment of S 178th Street; a future east -west access from Orillia Road to the site will also be developed to accommodate full buildout. Some modification of the western hillside will occur, but the majority of the hillside will remain untouched as an amenity. Portions of the hillside on the north end of the property will be graded and re-lansdscaped to accomodate the relocation of S 178th Street and to provide fill material for the project. On the south end of the site, north of S 200th Street, it is expected that portions of the hillside will be graded to accommodate development. Special design consideration will be covered by residential design guidelines to be developed and adopted prior to residential development. On -site amenities will include landscaped open space, plazas and courtyards, and a pedestrian/bicycle pathway along the Green River. Because the Tukwila South Master Plan is organized around a combination of campus -type research and office environments and districts, the quality of building design will likely be substantially higher than that found in the surrounding industrial and retail uses. Building design, construction, and materials will be of institutional quality, and coordinated through comprehensive urban design principles. The Master Plan is consistent with City goals calling for zoning and development regulations that encourage growth in certain areas, promote economic use of industrial lands outside the MIC, and retain large parcels in order to facilitate their efficient use. Tukwila South is one of the areas considered for new employment and residential growth in the Comprehensive Plan. A mix of uses will be oriented along Southcenter Parkway. The density of development on the site will support transit use and a secondary onsite street system will be developed with pedestrian circulation in mind, with features such as sidewalks and appropriate signage for pedestrians. The site will be organized around pedestrian -oriented circulation systems, with simplified vehicular circulation, to foster linkages within the campus(es). ©I TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY 2009 COLLINSWOERMAN ©I GUIDING PRINCIPLES La Pianta LLC I TUKWILA SOUTH PROJECT MASTER PLAN I ■ MAY 2009 COLLINSWOERMAN O OD GUIDING PRINCIPLES O GUIDING PRINCIPLE' Communities are not instant creations of urban designers. They are places that grow and evolve as changing needs, opportunities and personalities contribute to their form. The best communities build on their history and background while creating a bold vision for the future. BACKGROUND The Tukwila South project represents an opportunity for the City to enhance its competitive position in the regional marketplace. At approximately 500 acres, the site's sheer size, combined with the consolidated land ownership, existing lower density uses, and proximity to the airport, it is certain to attract attention from national and international companies seeking expansion opportunities. The property currently contains a mix of industrial and agricultural uses with a high potential for redevelopment and the ability to transition to a dynamic urban multi -use district as it phases out its existing, lower - density uses. The Segale family has been systematically assembling property within the Tukwila South area for over 50 years. While there have been discussions about development and markets that could havefilled the property with many of the retail and industrial uses common to this part of the Valley, the land has yet to see its first significant development. The guiding principles developed for the project arose from the history of the Segale family, the natural beauty of Puget Sound and the site's key characteristics. With this background as our starting point, we have created the following ten guiding principles for the Tukwila South Master Plan. It is from these that our development plan has been conceived. Additional information on the background of these principles are located within the appendix of this Master Plan. PRINCIPLE #1: LONG-TERM VISION The development of Tukwila South will be guided by a long-term vision that will create a different, more cohesive development pattern than if the property was developed on a parcel -by -parcel basis. A long-term vision requires a commitment to make decisions and investments that support its development. The Segale family has committed to this long-term vision and to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation of the existing flood protection barrier dike as the initial phase. This investment will ensure the long-term plan is implemented. PRINCIPLE #2: CREATING A DESTINATION The Tukwila South project will become a regional destination. Tukwila South is a regionally visible site. The site is considered "close in" in real estate terms and is adjacent to one of the region's largest retail destinations. Many of the valley's residents and businesses move through or around the site daily. Its access and visibility from the valley and eastern edge neighborhoods make it a natural regional destination. The site's initial value is enhanced by its proximity to significant regional investments such as SeaTac Airport, the Southcenter retail district, and 1-405,1-5, SR 167 and many other local arterials. The Master Plan will ensure these assets are leveraged. COLLINSWOERMAN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN I II MAY 2009 GUIDING PRINCIPLES PRINCIPLE #3: BUILDING VALUE Development decisions will be weighed by their ability to maximize the site's potential to create value. Tukwila South's full potential can only be reached through the implementation of a long-term strategic vision that uses each newly -developed parcel to lift the value of the remaining parcels. This vision and Master Plan will span many development cycles. Early developments will include low-cost surface parking lots and lower density commercial uses that will allow room for future infill development and redevelopment when structured parking makes economic sense. As the value of the land increases, redevelopment of surface parking lots and infill sites will follow to maximize future density. This can only occur because a significant share of the site is in single ownership. At just under 500 acres, Tukwila South could include regional employment, housing, and goods and services. Multi -use districts will allow many of these uses to work together by sharing infrastructure, parking, and access. These districts will enable the creation of a highly desirable, fine-grained pedestrian environment. When housing, jobs, and goods and services are located appropriately, a community is created. PRINCIPLE #4: MULTI -USE Tukwila South will include employment, goods and services, and housing. The project will be multi -use and include a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered to bring additional vitality to the area. A development strategy that emphasizes multiple uses will increase the rate of development and create a more desirable environment for each use: retail supports housing and jobs, housing supports retail and jobs, jobs support retail and housing. This diversity of uses will support the creation of destination districts, increase the project's overall value, and enhance the vitality of the city of Tukwila. The market value of office and hotel uses will be increased by having retail and restaurant uses nearby. A well -planned multi -use environment will also help mitigate development risk as the markets for various uses fluctuate from development cycle to development cycle. Careful consideration of use adjacencies is essential to ensure efficient sharing of U I TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY 2009 amenities, parking and infrastructure. Initial planning configurations must also keep future infill development opportunities in mind to ensure judicious use of each square foot of the project's land. PRINCIPLE #5: INCREASING DENSITY OVERTIME Tukwila South will be planned to accommodate increased density over time. As noted in the discussion of Principle #3, the surface parking lots dictated by today's market opportunities for employment, goods and services, and housing will provide the basis for each developing district, enabling its evolution over time into a denser environment. With each development, the district will become more desirable. This increase in value will allow infill development in the early -phase parking lots and redevelopment of lower density commercial uses. Early -phase uses must, therefore, be carefully chosen to complement each other and serve as engines for future development. It is essential to pick the right retailers, the right employment clusters, and the right mix of housing to create the synergy necessary to allow all of the uses to thrive. PRINCIPLE #6: QUALITY ENVIRONMENT Tukwila South will create a memorable and regionally identifiable place. Tukwila South will build on the Northwest tradition of quality outdoor environments by integrating its iconic outdoor spaces with high quality indoor spaces. Quality building materials combined with traditional Puget Sound building elements (canopies, lush landscaping, etc.) will create memorable and regionally identifiable environments that help attract world - class talent. Growth in the regional economy is expected to come in four major sectors: aerospace, life sciences, information technology, and trade and logistics. Due to its size and location, Tukwila South is perfectly situated to bring these new types of jobs to the city of Tukwila. COLLINSWOERMAN GUIDING PRINCIPLES O Because these businesses need to attract the best and brightest, they demand a very high quality work environment. Tukwila South offers the opportunity to live and work in a single location, increasingly associated with a high quality of life. Beautifully designed public spaces will be required to connect jobs with goods and services, and goods and services and jobs with housing. The people who work at Tukwila South will want a development environment that is clean, safe, well organized, and convenient. More than that, like many who live and work in the Northwest, they value quality outdoor environments. Tukwila South's outdoor and indoor environments will be integrated wherever possible, and the project's amenities will provide a variety of on -site recreational opportunities and connections to the site's outdoor environments. The buildings and the spaces between the buildings will be designed to work together. Institutional - quality building materials and landscape design will support memorable buildings that become Tukwila South's image in the Puget Sound. Establishing clear boundaries and gateways for the project will help define Tukwila South in its environment. PRINCIPLE #7: CONNECTIONS Tukwila South will connect externally to neighboring and regional assets, as well as internally by connecting its districts and their uses. The Tukwila South Master Plan connects the project to its surroundings on many different levels: Extending Southcenter Parkway through the site to S 200th Street not only connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center. Relocating S 178th Street connects adjacent neighborhoods to Tukwila South's new neighborhood goods and services and provides an access point with greater capacity and safety. — Selecting retailers compatible with Southcenter's existing tenants will allow Tukwila South to connect toTukwila's reputation as a regional retail center. The five-minute connection to SeaTac Airport will draw airport tenants, travelers and businesses seeking international relationships to Tukwila South. A future non -auto -based transportation link will further enable the growth of airport -dependent users. Providing pedestrian connections throughout the project — from district to district, district to trails and amenities, and district to surrounding neighborhoods — will encourage non -auto -based trips and attract residents and employers. Strategically locating public parking will create a "park -once" environment that makes it easy for pedestrians to connect to site amenities, goods and services, jobs, and housing. PRINCIPLE #8: AMENITIES Tukwila South will create a comprehensive amenity system that leverages the site's assets. The Tukwila South project is perfectly positioned between two of the area's most striking natural amenities: the wooded hillside to the west, and the Green River to the east. Each of these offers almost unlimited recreational opportunities, as well as views of the river valley and Mt. Rainier. The appropriate mix of goods and services on the site will be viewed as an amenity to housing and office users that will allow Tukwila South to be highly competitive in the Puget Sound marketplace, and the pedestrian quality of the project's secondary road system will foster an activated streetscape that will make Tukwila South highly desirable. Finally, the Master Plan will ensure the site's access to nearby amenities such as SeaTac Airport and Tukwila Urban Center's retail hub will be easy and convenient. COLLINSWOERMAN La Pianta LLC TUKWILA SOUTH PROJECT MASTER PLAN I MAY 2009 GUIDING PRINCIPLES PRINCIPLE #9: IMPLEMENTATION STRATEGY Development must be strategically phased to successfully transition Tukwila South from an agricultural and industrial property to an urban destination. While many of the site's infrastructure and planning features will be designed and built in the initial phase, flexibility must be maintained throughout the vertical development of the districts and the secondary roadway and amenity systems. This flexibility is required to meet changing market conditions. The Infrastructure Development Phase is expected to take three years and is scheduled for the years 2010-2012. At the end of this phase, all of the site's spine infrastructure will be in place. Discussions with potential tenants and development partners have been ongoing concurrent with the planning and infrastructure development efforts. Completing the site's infrastructure all at once will create a sense of certainty about the development's future. The site's first new tenants will take occupancy soon after the completion of infrastructure development. PRINCIPLE #10: ENVIRONMENTAL STEWARDSHIP The Tukwila South project has a huge stake in protecting and enhancing the site's natural environment. The Segale family takes its role as stewards of Tukwila South's environment seriously not only because it is the right thing to do, but because sustainable projects have greater market acceptance. Environmental enhancements include: Protection and enhancement of pasture wetland and improvement of ditches conveying natural drainage into streams capable of supporting fish rearing and creating nearby"flood-flow refuge"fish habitat within the Green River channel. Tributary stream fish habitat with associated restored wetlands and flood flow refuge on the Green River mainstem were historically present throughout the lower Green River basin, but are now missing and therefore habitat -limiting for fish and a variety of wildlife. Provisions for the re-creation of valuable habitats out of degraded agricultural ditches. In the process, the aquatic habitat enhancement plan will mitigate for filling peripheral and isolated wetlands and ditches now located in active croplands. Enhancement of Johnson Creek into a fish -friendly tributary connected to the Green River. — Creation of back -water fish habitat in the Green River. Restoration of a wetland complex of approximately 32 acres associated with the tributary drainage of the Green River that was historically present, but now absent in the basin. Sustainable planning concepts will include: Integrated transit environments "Park -once" site organization and pedestrian environments Shared parking concepts Redevelopment of surface parking lots Creating internal natural environments with visual connections to natural amenities U I TUKWILA SOUTH PROJECT MASTER PLAN La Pianta LLC MAY 2009 COLLINSWOERMAN = General Provisions = Completed Actions = Remaining Tasks Attachment C Tukwila South Project (TSP) Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 1 3. Allowable Development 2 3.1 Maximum allowable development DA Max development (any mix of buildings & permitted uses) that generates up to 10,166 Net New Trips from onsite development and is limited to 10.3 M sf of new building floor area. These are not action items; they are standards that must be applied 3 3.2 Site clearing, grading & coverage DA Subject to limitations in 3.5 (Floodplain development review), 1) up to 100% of Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and 2) in the Dev Area, up to 85% of developable area served by each stormwater facility may be covered with impervious surfaces. These are not action items; they are standards that must be applied 4 3.3 Limits on certain uses 5 3.3.a DA Movie theaters with 3 or fewer screens are permitted, >3 screens treated as special permission uses (TMC 18.41.060). These are not action items; they are standards that must be applied 6 3.3.b DA Regional malls shall be a prohibited use. These are not action items; they are standards that must be applied 7 3.3.c DA No warehouse uses will be allowed in TSP beyond what is in existence at the time of execution of DA, and redevelopment of existing warehouses to warehouse use will not be permitted. These are not action items; they are standards that must be applied 8 3.4 Expansion Areas DA There are 7 parcels within the project boundaries that are not currently owned by Segale. TS Overlay District regulations apply if they are acquired and developed by Segale during the term of the DA. These are not action items; they are standards that must be applied 9 The Arnold parcel (owned by Segale) was not included in the EIS and additional environmental review may be necessary when Segale develops this parcel; TSO does apply to Arnold Parcel. These are not action items; they are standards that must be applied Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 10 Segale shall provide 1) written notice to city, 2) evidence of its ownership or control of the Expansion Area, and 3) evidence no additional environmental analysis is required beyond that covered in the TS EIS for the development proposed. If Segale desires to develop an Expansion Area under the DA These are not action items; they are standards that must be applied 11 3.5 Floodplain Development Review DA Development within the 100-yr floodplain, shall be subject: 1) to review by city and/or agencies with jurisdiction for a "take" of any endangered secies in violation of federal law, and 2) to all laws and regulations governing development that are in effect at the time of a complete development application. They are required to obtain a floodplain permit from the City if they are within the 100-year flooplain. 12 4.1 Annexation by 12/31/2009 Completed. Passed 12.9.09, effective 12.22.09 13 4.2 Levee Modification & 404 permit approval DA Levee Modification and Corps' "404" Permit must be issued, appeal period passed, and no appeals filed, or DA terminates and all obligations extinguished. 06/30/2010. Outside approval date may be extended by mutual agreement. N/A. Amended 14 amended 5.10 - 1st amendment Levee Modification and Corps' "404" Permit must be issued, appeal period passed, and no appeals filed, or DA may terminate by 09/30/2011 Permit issued 4.6.11 15 amended 5.10 - 1st amendment For DA to terminate, Segale submits Termination notice. Except Segale still required to: 1) dedicate property for SCP; 2) pay fees assoc with power & utility systems in connection with SCP; 3) provide no -cost permanent easements to the storm ponds. Outside approval date may be extended by mutual agreement of the parties. By Oct 15, 2011, If above permits not issued by 9.30.11 N/A. Permits issued. 16 amended 5.10 - 1st amendment Parties will place in escrow all documents, payments and other undertakings required to be delivered Prior to the Outside approval date Completed 17 DA The city shall incur no costs for maintenance of the new levee. Clearing and Grading Permit will be denied if Segale fails to secure maintenance for the levee prior to Permit issuance. Prior to issuance of Clearing & Grading Permit N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 18 amended 5.10 - 1st amendment Segale shall secure maintenance for the levee. The city shall incur no costs for maintenance. Prior to certification of the Levee Modification. The Tukwila South Levee is now in the federal PL84-99 program. King County has secured an easement on the levee. 19 20 4.3.1 Project Design DA City completes final design of SCP. May use up to $300k of grant funds; beyond that City pays. Completed 21 Letter btw S.Kerslake & J. McCullough , 10.6.09 City can increase the amount of grant funding used for remaining design to $378,680 Completed. 22 4.3.2 Land Dedication DA Segale dedicates land for SCP, as depicted in Exhibit 7 of amended DA Completed. 01/11/2010 23 DA Segale delivers signed but undated statuatory warranty deed to escrow and a signed and dated ROW easement for SCP land in Escrow 5 days after annexation (January 5, 2010) N/A. Amended 24 amended 5.10 - 1st amendment Revised: Segale delivers a signed and dated ROW easement for SCP land in Escrow 5 days after annexation (January 5, 2010) Completed 25 Revised: Segale delivers signed but undated statuatory warranty deed to escrow by May 28, 2010 Completed 26 new: City prepares legal description for the SCP ROW & gives to Segale by May 24, 2010 Completed 27 new: City records ROW easement and retain undated deed in escrow Until the city vacates Frager Rd/SCP (See 4.10) Completed 28 City causes deed to be recorded when properties are transferred. simultaneously with transfer of properties (4.10) Completed 29 amended 5.10 - 1st amendment new: Escrow holds deed until CC accepts contract completion of SCP project. Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 30 4.3.3 Planning & Design Work DA Segale has provided: geotech reports, survey, as-builts of utilities, legal desc of ROW, plans & design for wetland & stream mitigation, 30% design work, temporary stormwater detention & treatment plans for SCP & S 200th (see 4.3.5 & 5.4) Completed 31 4.3.4 Highline/PSE/SCP costs DA Segale obtains power & gas service from Highline & PSE Completed 32 DA City causes Highline & PSE to relocate facilities pursuant to franchise agreements Completed 33 4.3.5 SCP drainage DA Segale provides at no cost to City, sufficient capacity for all drainage from the SCP within the regional storm drainage facilities (see 5.4) to be constructed by Segale as part of the permanent stormwater drainage facilities for the TSP. Completed. This is considered a "Discharge Point" for MS4 permit. Map should be provided for all DiPs within the project area. 34 DA Segale gives easements granting city the right to discharge stormwater from SCP & S 200th to regional stormwater facilities. Completed. 35 4.3.5.1 South Facility DA Segale gives City permanent, no cost easement and stormwater facilities in the South Facility Prior to City issuance of 1st construction permit for a new building N/A. Amended 36 amended 5.10 - 1st amendment Segale provides to City permanent no cost easement and stormwater facilities in the S Facility Prior to the issuance of the first construction permit for a new building development in the TSP outside of the existing Segale Business Park Completed 37 DA Segale ensures the South Facility (Stormwater) is ready for use prior to completion of SCP N/A. Amended 38 amended 5.10 - 1st amendment Revises date facility is ready for use No later than the end of the construction season in the year following the calendar year in which the 404 permit is issued. Facility is completed. However, temporary treatment process is in place. DOE is monitoring until permanent stormwater pond is approved. This task will continue after DA expires. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 39 amended 5.10 - 1st amendment new: Segale gives City no -cost permanent easements to the storm ponds (see 4.8.4) pursuant to Clearing & Grading Permit and the Shoreline Substantial Dev permit (4.9). IF DA terminates as in 4.2 Completed 40 Ponds become permanent stormwater facilities to serve SCP. IF DA terminates as in 4.2, and Segale gives City no -cost permanent easements to storm ponds Completed 41 4.3.5.2 North Facility DA North Facility (Stormwater) should be completed prior to the date when the capacity of South Facility is reached Completed 42 4.3.5.3 WSDOT/FHWA Approval DA City amends and seeks WSDOT approval for SCP stormwater Plan Immediately upon execution of DA Completed. Approved 2.4.10 43 4.3.6 SCP Bidding/Const DA City is responsible for bidding & construction of SCP Upon issuance of NWP Sectic Completed 44 4.3.7 SCP financing DA City shall use $18,530,345 in grant $$ & limited tax GO debt or other mechanisms up to $8.250M towards construction. Completed 45 4.3.8 Closure of SCP & Frager Rd DA City closes SCP & Frager during construction phase of SCP, except for local traffic Completed 46 DA City permanently closes & removes portion of Frager Rd & existing stormwater pond near S200th Upon issuance of grading permit to Segale for the purposes of constructing the Green River Off -channel Habitat Area (GROCHA). Completed 47 DA Segale provides temporary stormwater detention from S200th in place of the removed stormwater pond until South Facility is compeleted & operational Before starting construction of GROCHA Completed 48 4.4 Sanitary Sewer System upgrade Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 49 DA City begins planning, financing, and construction for additional capacity in sewer lift station #2 and force sewer main in APW Action required when Sanitary Sewer Lift Station #2, the force sewer main in This should take place in response to development which has yet to occur. City adopted new sewer connection charges Ordinance 2441 in 2014. Still need to pursue no - protest agreement with Clarion, Continental Mills. APW from Minkler to Strander, or other facility is at 80% capacity 50 DA Segale executes a no -protest agreement. Segale is responsible for paying connection charges and feet at the time of each building permit application. If a Utility LID is formed This should take place in response to development which has yet to occur. City adopted new sewer connection charges ordinance 2441 in 2014. Still need to pursue no- protest agreement. 51 DA Segale or parcel builders pays sewer connection charges based on total project cost. Each sewer connection charge paid for the initial SCP sewer line shall be credited to Segale as O&M Revenue As development occurs This should take place in response to development which has yet to occur. City adopted new sewer connection charges ordinance 2441 in 2014. Still need to pursue no- protest agreement. 52 Amended 6.14 - 3rd Amendment, Section 2 The parties agree that although sewer connection charges may still apply to the TSP, as a result of the elimination of the O&M guarantee, the provisions of 4.4 concerning credit toward O&M Revenue for sewer charges are no longer applicable. Completed 53 4.5 Parks & Open Space 54 4.5.1 PedBike Trail DA 1. Segale deliver bike/pedestrian trail easement along Green River into Escrow (S180th-204th). When new levee is constructed, easements will be revised to follow crown of new levee configuration. Width of easement should be minimum of 14' or greater as required under 30 days after annexation (January 29, 2010) Trail (access) and levee easements recorded 6/16/15, per Recording # 20150616000300. Trail masterplan completed with trail width varying as river and business development allows. Currently slated for grant application in'26 City's SMP. 55 DA City doesn't let public use easement until the later of 1) 3 yrs after conveyance of easement; or 2) completion of initial site grading and the GROCHA, but not later than 4 yrs after conveyance of easement Public cannot use trails until Segale actions take place (conveyance of easement and/or completion of GROCHA.) Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 56 DA Segale waives credit for donation of easement against any future park impact fee assessed against the project and waives all claims for just compensation. Completed. 57 DA 2. Segale completes trail and bike/ped connection plan within TSP and submit to Parks & Rec Director. Identify possible locations for eight 14' wide ped corridors and connections from the bike/ped trail described above (1) thru the TSP, to off -site ped trails and city ROW. By 12/31/2011 N/A. Amended 58 Letter b/w Segale & D.Cline 12.23.11 Segale completes trail and bike/ped connections plan within TSP and submit to Parks & Rec Director. Deadline repeatedly extended since development has not yet occurred. By 12.31.13 Bike/ped connections still need to be provided. Letters extending the deadlines have expired. 59 4.5.2 Green River Ped Bridge 60 4.5.2 DA Segale pays City $500,000 toward bike/ped bridge over Green River to Briscoe Park; Within 5 years after June 10, 2009 (By June 10, 2014) NA. Amended 61 DA Segale provide Letter of Credit if City for $500k within 30 days of City notifying Segale that city will make application for grant for construction of NA. Amended 62 DA If City is unable to secure adequate funding for bridge, Segale pays City $500k or City draws upon credit letter Within 30 days after June 10, 2014 NA. Amended 63 DA City may use $500k for general park facilities with the TS area If city is unable to secure adequate funding for bridge NA. Amended 64 DA Segale grants easement for ped bridge Prior to start of bridge construction project If City has obtained funding for bridge, Segale grants easement within 30 days of City's request. NA. Amended 65 Amended 6.14 - 3rd Amendment - Section 2 Segale is relieved of bridge funding obligations and Section 4.5.2 is deleted in entirety NA. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 66 4.5.3 Donation of Levee Easements DA Segale deliver levee easements along Green River into Escrow 30 days after annexation (January 29, 2010) Completed. Trail (access) and levee easements recorded 6/16/15, per Recording # 20150616000300. 67 4.6 Fire Service (see also Fire Facilities Agreement below) 68 4.6.1 Impact Fee DA Segale agrees to voluntarily pay fire service mitigation fee of $.50 per sf for commercial/indus development and $500/dwelling unit. If fire impact fees adopted, they will replace voluntary amount and are assessed at the time of building permit issuance. In any case, Segale will not be assessed an impact fee for new development which replaces existing building sf currently served by Tukwila Fire. If City adopts a fire impact fee Completed. 69 4.6.2 Donation of Land DA City and Segale mutually agree on location of 3 acres for new fire station land donation and Segale deliver deed into Escrow Prior to Council adoption of Ordinance vacating Frager Road; within 30 days of completion of new SCP N/A. Amended 70 1st Addendum to DA 11.20.12 (Section 4.6.2.a) a. Segale delivers deed for agreed upon Fire Station land to escrow before Nov 21, 2012 DA has not yet been terminated. 71 Recording of Fire Station deed CC approves ordinance vacating a portion of exisitng S178th St (see 2.a for description of area). N/A. Amended 72 Vacation ordinance becomes effective, and Segale grants a public access easement back to the City N/A. Amended 73 City initiates vacation of S 178th and arranges for relocation of utilitlies in the ROW, at the purveyors cost. after CC aproves 178th St vacation ordinance. N/A. Amended 74 Segale grants any easements necessary to relocate any utilities to the realigned S 178th st N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 75 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2 entirely) Section 2. Deed for Fire Station Land previously provided by Segale to City is replaced with Exh. A-1, which shows City ownership of slope adjoining fire station land. Completed 76 The two separate legal lots comprising Fire Station Land will continue to be part of the Tuk S Plat, File # L12-027 and will be platted as set forth in that plat. If 178th not vacated, or if vacated then rededicated back to City pursuant to terms of agreement Completed 77 Segale conveys Fire Station Land to city ASAP following the recording of a boundary line adjustment making the Fire Completed Station 2 separate legal lots. 78 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.a entirely) a. CC vacates a portion of existing S 178th St. Segale grants public easement back to City in form of Exh. B. Effective date of vacation ordinance shall be 5 days after passage & publication of ordinance Completed 79 City is responsible for initiating vacation & arranging for relocation of utilitlies in ROW. Segale grants easements for utilities to be relocated to realigned S 178th St. After CC approves 178th st vacation ordinance Completed 80 Easements for utility relocation terminate Upon dedication of the realigned S 178th St to City pursuant to addendum. Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 81 1st Addendum to DA 11.20.12 (Section 4.6.2.a) b. Segale pays for GeoEngineers to prepare a geotechnical report analyzing slope stability and soils suitabililty on fire station land. Analysis completed and delivered to city within 90 days of entry of the addendum - 2.20.12 Completed. March 2012 82 City pays for peer review of geotech report Completed by Shannon & Wilson 2012 83 1st Addendum to DA 11.20.12 (Section 4.6.2.c) c. Fire station land conveyed to city in a condition meeting criteria of 4.6.2 of DA N/A. Amended 84 Segale must undertake slope stabilization measures recommended in the Geotech Report N/A. Amended 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.c entirely) c. Segale shall conduct grading work (in sect. 2(o)) and shall complete any other necessary work to ensure Fire Station Land meets criteria in Sect 4.6.2 Within 5 yrs of Addendum date (By 2.27.18). Time period may be extended to account for delay by a purveyor's refusal to relocate utilities or City taking legal action against a utility purveyor Completed 86 1st Addendum to DA 11.20.12 (Section 4.6.2.d) d. Segale makes improvements to alternative fire station land and dedicates B-line easement area to City as ROW. City not required to vacate S 178th, or if has, Segale required to dedicate back to city. If Segale decides to replace the deed for Fire Station with 3 acres of other property rather than implement recommended slope stability measures in Geotech report. N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 87 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.d entirely) d. City shall convey Fire Station Land back to Segale at no cost. Segale makes improvements to alternative fire station land and consistent with 4.6.2 and dedicates B- line easement area to City as ROW. City not required to vacate S 178th, or if has, Segale required to dedicate back to city. if Segale decides to replace the deed for Fire Station with 3 acres of other property rather than implement recommended slope stability measures in Geotech report. N/A 88 1st Addendum to DA 11.20.12 (Section 4.6.2.e) e. Segale grants city a public access easement over B- Line easement area. By Nov 20, 2012 N/A. Amended 89 Segale dedicates B-Line easement area to city as ROW within 5 days of approval date of CC S 178th vacation ordinance. However, if approval date is not before Mar 31, 2013 Segale has no obligation to dedicate B-Line easement to City. However, public easement over B-line shall remain effective. N/A. Amended 90 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.e entirely) e. amends date. Segale grants city a public access easement over B-Line easement area. By April 30, 2013 Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 91 1st Addendum to DA 11.20.12 (Section 4.6.2.f) f. City can open SCP Nov 21, 2012, provided SCP vacation ordinance is approved by CC Completed 92 1st Addendum to DA 11.20.12 (Section 4.6.2.g) g. RE: SEPA review - no additional required for S 178th st Completed 93 1st Addendum to DA 11.20.12 (Section 4.6.2.h) h. Segale opens Segale Park Dr. C to public and reconstructs it to city standards within 3 years of LOS decline. When realigned S 178th St causes LOS at S 180th st & SCP intersection or realigned S 180th St & SCP intersection to fall below LOS E On -going. Need to monitor and develop intersection baseline numbers. Addendum survives 6 yrs after DA termination (2030). 94 Segale Park Dr C gets reconstructed to city standards and grants city a public access easement Segale redevelops all of Segale Business Park prior to decrease in LOS, On -going. Need to track. Addendum survives 6 yrs after DA termination (2030) 95 1st Addendum to DA 11.20.12 (Section 4.6.2.i) i. Segale shall construct a & dedicate to city a 2-lane arterial realigned S 178th st consistent with Goldsmith Plans Construction by Nov 20, 2015. Dedication within 60 days after construction completed. Dates may be extended if utility purveyor refuses to relocate utilities, or if the city is taking legal action against a utility purveyor to compel relocation. Completed. 96 Segale dedicates existing 178th back to City in original condition at time of addendum signed If roadway construction not completed by Nov 20, 2015 or conveyed to city within 60 days of completion. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 97 PW reviews & approves eng/design. May require minor technical revisions, provided bike lanes are not required. Completed. 98 Requirements for sidewalks on both sides of street shall be waived if a sidewalk at least 9' wide is provided on one side of road. Completed. 99 Segale pays city for full time inspector to monitor compliance during construction of 178th. Completed. 100 Segale agrees to a "building restriction" within 12' of edge of realigned 178th ROW. This should be implemented as part of Development Review, as part of the development process. 101 1st Addendum to DA 11.20.12 (Section 4.6.2.j) j. City grants Segale a ROW use permit to cross & temporarily close certain city streets in order to implement the haul plan approved in grading permit PW 10-64. This should be implemented as part of Development Review, as part of the development process. 102 1st Addendum to DA 11.20.12 (Section 4.6.2.k) k. City & Segale agree that relocation of 178th is not subject to impact fees or impact fee credits 103 1st Addendum to DA 11.20.12 (Section 4.6.2.1) 1. City shall take any actions necessary in order to require the relocation of utilities in the existing 178th St ROW at the purveyor's expense Completed 104 City shall provide notice to Segale Prior to City filing a petition requiring relocation of utilities with purveyors or upon being served with a complaint related to vacation or realignment of 178th. This will be completed upon acceptance of public ROW for 178th. Some utilities were relocated, some were granted easements to remain in place. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 105 City and Segale agree in writing on more specific terms re: the provisions of this subsection L. Within 20 days of City filing a petition requiring relocation of utilities with purveyors or upon being served with a complaint related to vacation or realignment of 178th. City has not yet filed a petition or been served with a complaint. 106 Segale shall reimburse City for all costs associated with bringing claims or defending claims related to 178th. City has not yet filed a petition or been served with a complaint. 107 1st Addendum to DA 11.20.12 (Sect 4.6.2.m) m. Segale has no obligation to construct realigned 178th or convey ROW, but Segale shall make improvements to AlternativeFire Station Land as are necessary to make condition of land consistent with 4.6.2 of DA, and shall dedicate B-line easement to City If Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. N/A. Amended 108 City has no obligation to proceed with 178th ST vacation, or gets it dedicated back to city. If Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. Completed. No issues 109 Segale is relieved of any financial obligations in Subsection L if city decides to proceed with vacation, provided Segale reimburses city for all costs incurred prior to conveyance of Alt Fire Station Land. The existing 178th St remains in its current condition until all utility relocation is completed. If Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. N/A. Amended 110 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.m entirely) m. The City shall convey the Fire Station Land back to Segale at no cost to Segale. If so, Segale shall make improvements to the Alt Fire Station Land to itsconsistent with 4.6.2. If Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 111 City has no obligation to proceed with 178th ST vacation, or gets it dedicated back to city. if Segale conveys Alternative Fire Station Land to city in order to enable the City to settle a claim or avoid litigation. Completed. No issues 112 1st Addendum to DA 11.20.12 (Sect 4.6.2.n) n. Fire Station deed is returned to Segale and replaced with deed for Alt Fire Station Land. Alt Fire Station Land is conveyed to City as -is, where is consition. Segale has no obligation to construct 178th or convey ROW to city. If Council doesn't approve 178th St vacation before March 31, 2013 N/A. Amended 113 2nd Addendum to DA 2.27.13 (replaces 1st addendum Section 4.6.2.n entirely) n. Fire Station deed is returned to Segale and replaced with deed for Alt Fire Station Land. Alt Fire Station Land is conveyed to City as -is, where -is condition. Segale has no obligation to construct 178th or convey ROW to city. IF CC doesn't approve 178th vacation before April 30, 2013 Completed 114 2nd Addendum to DA 2.27.13 (new section 4.6.2.o) o. City shall grant Segale easements for utilities consistent with those in Fire Station Deed. Within 30 days of effective date of S 178 vacation Completed 115 Conveyance of Fire Station Land from City to Segale includes reservation of an easement in favor of Segale to perform grading work as set forth in Plan Revision #8 in grading permit. Completed 116 Segale gets right, title & interest in and to earthen material excavated from hillside. During grading work Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 117 2nd Addendum to DA 2.27.13 (new section 4.6.2.p) City shall grant Segale easements for utilities and performance of grading work over the vacated S 178th St, consistent with easements in Fire Station Deed Within 30 days of effective date of S 178 vacation Completed 118 Addendum survives for additional period of 6 years. Termination of DA DA has not yet been terminated. 119 4.7 Impact Fees DA City can assess impact fees at the time building permits are issued On -going . Note that impact fees were not frozen at the time of DA execution. 120 4.8 City Revenues & Costs: Segale Financial Guarantees 121 4.8.1 Operations and Maintenance Services DA City tracks revenues generated from TSP, including sales tax, real estate excise tax, utility tax, franchise fees, business license revenue, commercial parking tax, hotel/motel tax, admission tax NA - Amended by 3rd Amendment 122 DA City tracks expenditures related to providing operations and maintenance of public services to new development within the project and pre -construction expenses related to project, including police, fire, public works & parks service allocable to Tuk S, the pro-rata capital costs for such services (not covered by impact fees), and the pro- rata O&M expenses related to Southcenter Pkwy project once completed. NA - Amended by 3rd Amendment 123 DA City provide Segale Annual Statement accounting for O&M Revenue and O&M Expenses; Segale pays difference within 30 days of receipt of Annual Statement if expenses exceed revenues. If Segale requests an audit of Annual Statement, must pay amount due within 30 days, and if audit shows errors, city refunds Segale or Segale pays city within 30 days of accountant's decision March 31, 2010 and each March 31 thereafter NA - Amended by 3rd Amendment 124 DA Segale's total obligation under 4.8.1 is $12M NA - Amended by 3rd Amendment Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 125 Amended 6.14 - 3rd Amendment to DA. Section 4.81 Deleted. Segale shall be relieved of the O&M guarantee obligation set forth in 4.8.1. Section 4.8.1 is deleted in entirety Completed 126 4.8.2 DA City shall track the increased property tax revenues from the Tuk S properties. If annual statement shows that the increased property tax revenue in that year is less than the annual debt service for the GO bonds in that year, then Segale shall pay to the city within 30 days of receipt of the annual statement a sum equal to the debt service shortfall. However, the City shall be responsible for for debt service on the first $6M of bonds, and Segale's yearly obligation shall not in any year exceed a sum equal to the difference between the total annual debt service on the GO bonds in that year minus the debt service on $6M of those bonds in that year. NA. The City bonds do not exceed $6M. 127 4.8.3 Project Revenue/City Exp - Protocols DA Accounting Protocols for tracking project revenue and city expenditures April 30, 2010 NA. Amended 128 DA City & Segale will meet re: development of protocols for tracking Project revenues & City expenditures Within 30 days of execution of DA NA. Amended 129 DA Parties shall retain services of a mutually agreed upon public accountant with expertise in municipal accounting Within 30 days of above meeting NA. Amended 130 DA Develop protocols in a MOU, signed by both parties. Each party shares equally the cost of accountant services. If MOU not executed, DA terminates Within 180 days of retaining accountant N/A. Amended 131 DA Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended to Oct 31, 2012 N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 132 2nd amendment to DA - 11.20.12 Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended to Oct 31, 2013 N/A. Amended 133 DA Develop protocols in a MOU, signed by both parties. If MOU not executed, DA terminates Effective deadline extended t< NA. Amended 134 2nd amendment to DA - 11.20.12 Parties shall meet to begin discussions on acct protocols. Shall meet no less than once quarterly to continue discussions until MOU on acct protocols is completed. Begin discussions no later than Jan 31, 2013 NA. Amended 135 DA City provides Segale an Annual Statement showing O&M Revenue, O&M Expenses, O&M Guarantee, the Increased Property Tax Revenues, the annual debt service for the GO Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which Segale guaranteed under the DA, consistent with the protocols in the MOU. Segale can request an audit from the Accountant of disputed matters, and Acct has 30 days to review & render decision. On or before March 31, 2010, and every March 31 thereafter NA. Amended 136 Amended 6.14 - 3rd Amendment to DA. Section 4.83 Deleted. Section 4.8.3 is deleted in entirety Completed 137 4.8.4 Security for Segale's Financial Guarantees 138 4.8.4.1.2 Letter of Credit DA O&M Letter of Credit for $6M; Segale deliver to Escrow 10 days prior to Council action on annexation NA. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 139 Amended 6.14 - 3rd Amendment to DA. Section 4.8.4.1 Deleted. Section 4.8.4.1 is deleted in entirety Completed 140 4.8.4.1.3 Deed of Trust DA O&M Deed of Trust ($6M value); Segale deliver to City; City deliver to Escrow 10 days prior to Council action on annexation NA. Amended 141 Amended 6.14 - 3rd Amendment to DA. Section 4.8.4.1 Deleted. Section 4.8.4.1 is deleted in entirety Completed 142 4.8.4.2 SCP GO bonds guarantee DA SCPW (Southcenter Parkway) initial Letter of Credit for $185,000 for debt service on $2.25M in GO bonds; Segale deliver to Escrow. Prior to Council award of construction contract (scheduled for April 19). LC amount determined annually on Jan 1. Completed. Letters to Bank of New York Mellon 5/14/11 143 4.8.4.3 Other secured obligations DA Highline Work Letter of Credit ($TBD), PSE Work Letter of Credit ($TBD) for Southcenter Parkway work, and $500k for ped bridge; Segale deliver to Escrow Prior to Council award of construction contract (scheduled for April 19). Ped bridge letter due no later than 30 days after the date the City makes an application for a grant for any cost of constructing bridge. Completed. Letters to Bank of New York Mellon 5/14/11 144 4.8.4.6 Escrow & Escrow agent DA Escrow agent chosen October 10, 2009 Completed. 09/30/2009 in letter between Kenyon Disend & Jack McCullough 145 DA Written escrow agreement between escrow agent, Segale & City within 120 days of execution of DA Completed 9/30/09 Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 146 4.9 Grading Permit Review DA City will complete review and issue a determination re: clearing & grading permit within 30 days of determination of completeness for areas outside shoreline jurisdiction Completed 147 DA City will promptly review Shoreline Substantial Dev Permit & forward decision to DOE, issue a decision after DOE's review period. Completed 148 4.10 S.178th St Project DA City administration recommends to City Council that S 178th st realignment is added to City's CIP Completed. Shown as developer funded through 2013. 149 DA Copy of S 178th st - amendment to the DA Completed. Ordinance 2240 150 4.11 Vacation of Frager/SCP DA Segale dedicate SCP ROW; City vacates portions of old SCP and Frager Road, as well as City Triangular Parcel (NW corner of S 180th and SCP) and coveys vacated property to Segale Within 30 days of completion of new SCP Completed 151 2nd DA amendment 11.20.12 The "access area" on exhibit B, which is a portion of Frager Rd/SCP, shall not be vacated by City. Completed 152 2nd DA amendment 11.20.12 The city shall vacate the access area at no cost to Segale. If Segale acquires the GWI parcel and M&P parcel Completed 153 4.12 Transfer of City Detention Pond DA City vacate and convey City Detention Pond to Segale 01/30/2010 (within 30 days completion of the annexation) Completed 154 5. Development under this agreement 155 5.1 Native growth protection areas (NGPAs) DA No development can occur in NGPA except trails, Orillia Rd connector & utilities, water & sewer lines, access roads for levy maintenance. Segale needs to identify monuments as part of preliminary plat. 156 DA Clearing limitations shall be those identified in the existing TMC Complete Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 157 DA NGPAs shall be left in permanently undisturbed vegetated state and shall not be cleared or improved except as necessary to: 1) prune or remove dead or diseased trees, and vegetation reasonable adjacent to developed areas of TSP; 2) remove invasive or exotic vegetation; 3) prune or remove trees or veg presenting a threat to life or saafety or growing over roadways, levees, ddrainage ditches, trails, or other corridors that must be clear; 4) maintain mitigation areas; or 5) permit the work described in this section. When SAMP is implemented and mitigation areas are enhanced, restored or created On -going, needs to be monitored 158 5.2 vesting of development regs DA Development in DA is vested to the following: Comp Plan (2008), Tukwila zoning Ordinance, Tukwila subdivision ordinance, SMP designations & pre- designations, transportation concurrency regs; stormwater,surface water treatment & quality, surface water retention and detention design standards & ordinances (incl NPDES permit 2007), SEPA regs & substantive SEPA policies. Vesting shall apply for 15 years from effective date of the annexation (12.22.24) On -going, needs to be monitored 159 DA Development shall not be subject to any amendments to, or replacements of, the dev regs listed above. Segale will comply with the SMP and floodplain regs in effect on date of each complete development permit application . On -going, needs to be monitored 160 5.2.1, .2&.4 Police power, intern'1 codes, FEMA DA Segale must comply with state or federal laws or regs. Proposed development shall not be vested against the application of dev standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. Shall not be vested against new dev regs that are required by a serious threat to public health & safety. IBC in effect at time of filing of a complete application for building permit shall apply to all new development and the redevelopment or modification of existing development. On -going, needs to be monitored 161 5.2.3 scope of vesting DA vesting described above shall apply for 15 years from effective date of the annexation (2024) On -going, needs to be monitored Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 162 For those development standards not specifically mentioned identified in this section or 5.2.1, the land use process approvals governed by City codes & standards in effect upon the date of complete application shall apply. On -going, needs to be monitored 163 5.2.5 optional regs DA Segale may develop the property or portions of the property in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of the DA, without the obligation to bring other portions of the property into conformance with newly -adopted code or regs. On -going, needs to be monitored. "Opting forward" into current codes should be done on a full parcel basis. 164 5.3Transportation 165 5.3.2 DA Concurrency approval. New development is limited to net new pm peak trips of 10,166. Methodology for determining trip generation is set forth in Transp Impact Study in Tuk S EIS.Transp impact fees shall apply only to the Net New Trips allocated to proposed new development. On -going, in response to permits 166 DA Segale pays transportation impact fees appliable at the time of building permit issuance. These are not action items; they are standards that must be applied 167 DA Segale produces a trip generation study for each development project On -going, in response to permits 168 5.3.2.a DA Segale construct Orillia Road Connector (4-lane arterial) Within 6 years of generation of 7500 Net New Trips Has not yet met trip threshold 169 5.3.2.b DA Segale: 1) reduces or defers amount of proposed development; 2) implements TDM strategies; and/or 3) constructs other system improvements. As an alternative if Segale wants to develop and if Orillia Rd connection cannot be constructed within time frame for reasons outside the control of Segale Has not yet happened. 170 5.4 Stormwater 171 5.4.1 Description of surface water control facilities DA Surface water controls shall include: 5.4.1.1 parcel storm drains; 5.4.1.2 Trunk storm drain, 5.4.1.3 Water quality treatment & detention Trunk storm drain completed. PW will monitor development for other 2 facilities on a permit by permit basis. PW will establish a baseline. 172 5.4.2 Stormwater standards Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 173 5.4.2.1 vested design standards for surface water control facilities DA City of Tukwila Development Guidelines and Design and Construction Standards (2nd ed., Revision 1, 2005) and the 1998 KCO SWDM provide approved methods, except for South Facility where conservation flow control is required under the 2005 KCO SWDM, and except for those modifications listed in Table 1 (Stormwater Standards). Where not specified, design standards of 1998 KCO SWDM apply. Stormwater standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of the DA. Stormwater standards include the Code Modifications in Table 1. These are not action items; they are standards that must be applied 174 Some adjustments in the natural location of discharge will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments may be requested during the site plan review process and evaluated in accordance with criteria in TMC 18.41D.090. These are not action items; they are standards that must be applied Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 175 5.4.2.2 grading ordinance design standard modifications DA Exceptions from grading ordinance 2062: a. significant tree survey and tree replacement plan not required b. slope stability & slope grading limitations shall be evaluated within site development areas based on geotech eval and applicable codes c. vegetative restoration plan is not required except for the wetland mitigation portions of NGPAs d. project notification & permanent NGPA signs required e. points of discharge not limited to nearest practicable drainageway - must be defined in Master STormwater Infra Plan f. proposed modifications to SWM governed by TMC 18.41D.090 g. any construction activities shall be allowed provided they meet with stormwater quality requirements in NPDES permit. These are not action items; they are standards that must be applied 176 5.4.2.3 Impervious area limitations DA In the "development area" up to 85% of area served by each stormwater facility may be impervious, unless approved by city during design phase. Expansion areas (3.4 of DA) are included impervious area calculations. sizing of surface water control facilities may be adjusted to reflect actual land use impervious areas in final design as indicated in the MSIP. These are not action items; they are standards that must be applied 177 5.4.2.4 TESCP & NPDES requirements for construction DA Will use BMPs developed to comply with Core Requirement #5 and Appx D of the SWDM, and DOE requirements as identified in the NPDES permit. TESCPs will be implemented in project grading permits. Segale shall comply with project inspection requirements re: surface water TESC plans in the NPDES permit. These are not action items; they are standards that must be applied 178 5.4.2.3 impervious area limitations DA 85% of surfaces may be covered. See Master Stormwater Infrastructure Manual These are not action items; they are standards that must be applied 179 5.4.3 stormwater infra development DA Segale implements stormwater mitigation conditions (See DA) Completed Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 180 5.4.3.1 Segale obligations DA 1.Segale installs temporary stormwater treatment system. Prior to completion, all stormwater from construction or cleared areas shall be retained on site. During 1st construction season Completed 181 DA 2. Segale installs long term construction stormwater polymer treatment system that is operational prior to start of any discharges from site N/A. Amended 182 1st amendment 5.10 - 1st amendment 2. Segale installs long term construction stormwater polymer treatment system that is operational S Facility to be constructed & operational not later than the end of the construction season commencing in the year following the calendar year in which 404 Permit is issued. On -going. Chitoson Plan is operational. 183 DA 3. Segale constructs elevation of the separating berm b/w the Green River & GROCHA During 1st construction season and prior to first wet season construction activities N/A. Amended amended 5.10 - 1st amendment 3. Segale constructs elevation of the separating berm b/w the Green River & GROCHA Prior to first wet season grading activities within the GROUCHA after 404 Permit is issued Completed 185 DA 4. Segale installs sediment curtain before breaching the berm adjacent to the off -channel habitat restoration project, during a time window defined in the HPA Completed 186 DA 5. Segale prepares & implements the SAMP wetland mitigation plan Approval of SAMP prior to start of site mass grading during the first construction season. Wetland mitgation construction starts the first year of construction and completed during the 3rd year of construction. N/A. Amended Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 18/ amended 5.10 - 1st amendment 5. Segale prepares & implements the SAMP wetland mitigation plan Approval of SAMP prior to start of site mass grading of the area requiring the 404 Permit. Wetland mitgation construction starts not later than the 2nd year of construction and completed on or before 4th yr of construction. Staff inspected the wetland mitigation with ECY July 2022. Wetland 10 — Last monitoring year should be 2022 Wetland 11 — Last monitoring year should be 2023. GROCHA - Last year of monitoring should be 2024. All sites are doing well, meeting performance standards, and should finish as planned. 188 DA 6. Segale prepares & implements fisheries mitigation plan Approval of SAMP prior to start of site mass grading during the first construction season. Wetland mitgation construction starts the first year of construction and completed during the 3rd year of construction. N/A. Amended 189 amended 5.10 - 1st amendment 6. Segale prepares & implements fisheries mitigation plan Approval of SAMP prior to start of site mass grading of the area requiring the 404 Permit. Wetland mitgation construction starts not later than the 2nd year of construction and completed on or before 4th yr of construction. The status of the sites is as follows. Expected end dates are assuming all performance standards are met: Johnson Creek (fisheries) — Last monitoring year should be 2021. Flapgate remained in the closed position during each of the 3 surveys and that no fish were found. Johnson Creek (vegetation) - Last monitoring year should be 2022. GROCHA (fisheries and vegetation) — Last monitoring year chnnlrl he ?WA Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 190 DA 7. Segale constructs temporary North and South Facility Approval occurs prior to the start of site grading during first construction season. Completed 191 DA 8. Segale prepares a Master Stormwater Infrastructure Plan Approval prior to start of utility work Completed. 192 5.4.3.2 city obligations DA City installs stormwater conveyance infrastructure during construction of SCP 193 5.4.4 MSIP DA Segale prepares & submits a Master Stormwater Infrastructure Plan as part of clearing & grading permit Completed 194 5.4.5 monitoring DA Segale monitors as required under 401 Cert and NPDES permit for construction discharge and Total Suspended Solids. Reports to city. See Table 2 (p 31/32) Upon 70% of buildout in the catchment served by N & S facilities. Begin monitoring when there is sufficient buildout to generate TSS, but not while active construction influence persists On -going. 70% of buildout has not yet occurred. City shall inspect all WQ/FC every six months until 90% of lots are built. This task will continue after DA expires. 195 6. SEPA Compliance 196 6.1 Prior SEPA documentation DA No further SEPA review is required, and no additional substantive SEPA mitigation measures are required beyond those set forth in the DA, except for (see below) 197 DA City may require additional SEPA review Project envelope is exceeded by implementing approval or requested modification Monitor Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 198 DA City may require additional SEPA review If substantial changes are made to TSP so that, as mitigated, it is like to have adverse impacts not previously analysed in SEPA doc, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regs Monitor 199 6.2 further SEPA review limited DA City may require additional SEPA review If new info indicating probable significant adverse environmental impacts of TSP not previously analysed in SEPA doc, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regs Monitor 200 6.3 written notice DA City provides written notice to Segale and allows an opportunity to modify the Implementing Approval application such that additional SEPA review is unnecessary. If city decides to require additional SEPA review Monitor 201 7. Dispute Resolution 202 7.1 Dispute escalation process DA Level 1-3 processes outlined Should disputes arise 203 7.2 DA Either party may refer the dispute to binding arbitration If dispute not resolved at Level 3 within 14 calendar days 204 7.3 DA Binding arbitration procedure 205 7.4 DA Dispute resolution process will not apply.. Must use dispute resolution process outlined in 4.8.3 Disputes regarding: 1) accounting of Project revenues and city expenditures; and 2) letters of credit. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 206 8. Modifications to DA DA DA shall not be modified except by written amendment. Amendments that modify the intent & policy of DA must be approved by City Council. Other amendments may be approved by Mayor. 207 Amended 6.14 - 3rd Amendment, Section 8. DA shall not be modified except by written amendment. Amendments that modify the intent & policy of DA must be approved by City Council. Other amendments may be approved by Mayor; however, any such amendment must be provided to the City Council members in writing at least one (1) week prior to execution of the amendment by the Mayor. 208 9. General Provisions 209 9.13 Term DA The term of the DA is as set forth in 5.2.3. Until such time as the City revises the Comp Plan or development regulations that apply to TS during the terms of this agreement, the goals of the Comp plan and dev regs to which the project vests will continue to apply to the TS property following the expiration of the DA 210 Fire Facilities Agreement (FFA) 211 2. Fire impact fees FFA Terms of the FFA are contingent on City, during the term of this agreement, keeping the provisions of TMC Chapt 18.26, which can be amended, and assessing a Fire Impact Fee on all development activity within the TSP. However, City retains ability to waive or reduce impact fees on a development by development basis, pursuant to state law; provided the reduction in impact fees does not fall below the City refund requirement pursuant to this agreement. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 212 3. Fire Impact Fee Payment FFA Segale shall make the following payments to the City which shall be paid in annual installments (approx. $300,000 to $500,000 annually) starting Dec 1, 2017 in accordance with the payment schedule in Exhibit B of the FFA: - non-refundable mitigation fee of $1,750,000. - a refundable Fire Impact Fee deposit of $3M. Dec I , 2031 Payments began Dec 1, 2017. Segale has been paying the fees as outlined in the agreement. 213 4. Refund of Deposit FFA City shall provide Segale with a refund of Fire Impact Fee Deposit from the collected impact fees. Segale is not entitled to interest paid on fee deposit. Commencing 1.1.2018 the City shall pay the refund annually in an amount equal to the impact fees collected for development during the preceding year, provided the refund amount shall not exceed the total amount of annual installments paid as of the date of the annual refund. If the annual amount of impact fees exceeds the total annual installments, the balance shall be carried forward and refunded in subsequent years. There have been no refunds yet as there have not been fire impact fees collected in the area where the refund is applicable. 214 5. Record Keeping FFA The city shall maintain records of project fire impact fees, and provide Segale with quarterly reports indicating amount of impact fees collected during the preceding quarter. 215 6. Use of Fire Impact Fees FFA The City shall use Mitigation Payment and Fire impact fees Deposit solely for financing the design, contstruction, and operation of fire facilities on the Fire Station Property. The City shall commence construction of a fire station on the Fire Station Property by the end of the payment schedule set forth in Exhibit B. Fire station construction must begin by Dec 1, 2031. The fire station has been completed. Fees are recorded in fund 305 then transferred to the general fund for debt service payments. When fund 305 is closed out, they will be recorded in fund 304 then transferred to the general fund. 216 7. Security for payment FFA Segale's obligation to pay the Mitigation Payment and Fire Impact Fee Deposit shall be secured by a deed of trust (Exh. C), and recorded against the real property described in Exh. D. Completed. Row# DA Section Amended Conditions To Be Completed By/Or Trigger Status 217 8. Term of Agreement FFA This Agreement shall remain in effect for the latter of 18 years or until Segale receives a full refund of the Fire Impact Fee Deposit. 2032, or until Segale receives a full refund of Fire Impact Fee Deposit. On -going, until 2032 or until Segale receives a full refund of Fire Impact Fee Deposit. 218 9. Assignment of Rights FFA Segale may assign this Agreement to any party who acquires, through lease or purchase, 50% or more of the property within the TSP. 219 10. Default FFA No party shall be deemed in default under this Agreement unless it has failed to perfom as required for a period of 30 (days?) after written notice of default from the other party. All parties shall have rights and remedies provided by law or equity to compel performance or actions consistent with Agreement. If City defaults, Segale is entitled to suspend performance of its obligations until City's default is cured.