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HomeMy WebLinkAboutFIN 2024-10-28 COMPLETE AGENDA PACKETCity of Tukwila Finance and Governance Committee O De'Sean Quinn, Chair O Tosh Sharp O Jovita McConnell AGENDA MONDAY, OCTOBER 28, 2024 — 5:30 PM Distribution: D. Quinn T. Sharp J. McConnell A. Papyan D. Martinez Mayor McLeod M. Wine A. Youn L. Humphrey ON -SITE PRESENCE: TUKWILA CITY HALL HAZELNUT CONFERENCE ROOM 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 441656166# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Item Recommended Action Page 1. BUSINESS AGENDA a. Lease Agreement with Sound Cities Association for office space in the 6300 Building. a. Forward to 11/4 Regular Meeting Consent Agenda. Pg.1 Brandon Miles, Director of Strategic Initiatives & Government Relations b. Application for lodging tax funds: 2025-2026 Seawolves partnership for $180,000.00. b. Forward to 11/4 Regular Meeting Consent Agenda. Pg•13 Brandon Miles, Director of Strategic Initiatives & Government Relations c. Development Agreement with the Vietnamese Martyrs c. Forward to 11/4 Regular Pg.53 Parish. Meeting Consent Agenda. Brandon Miles, Director of Strategic Initiatives & Government Relations 2. MISCELLANEOUS Next Scheduled Meeting: November25, 2024 S. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance. City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance FROM: Brandon Miles, Director CC: Thomas McLeod DATE: October 7, 2024 SUBJECT: Sound Cities Association Lease Agreement (2025/26) ISSUE The current lease agreement for office space in the 6300 building with Sound Cities Association (SCA) expires on December 31, 2024. Staff is proposing to enter into a new two-year lease agreement with SCA. BACKGROUND SCA is a local non-profit corporation composed of member cities with a population of with 150,000 or fewer people that works locally and partners regionally to create livable, vital communities through advocacy, education, leadership, mutual support and networking. The City of Tukwila is a member of SCA. Since 2006 SCA has leased office space from the City in the 6300 building. The current two-year lease with SCA expires at the end of the year. DISCUSSION Staff is proposing a two-year lease agreement from January 1, 2025 — December 31, 2026, to coincide with the biennium budget cycle. The rent per square foot, per year, will increase modestly. The total annual revenue for 2025 will be $28,495.00 and in 2026 the revenue will be $29,189.00. Revised Code of Washington 35A.11.010 and 35A.11.020 all lease agreements must go before City Council for authorization, unless the City Council has delegated its authority. FINANCIAL IMPACT Unless terminated, as permitted under the agreement, the lease agreement will generate $57,684.00 in general fund revenue for the City. RECOMMENDATION The Committee is being asked to forward this item to the November 4 consent agenda for final approval to authorize the Mayor to execute the new lease agreement. ATTACHMENTS • Draft lease agreement with Sound Cities Association for office space in the 6300 building. 1 2 wq City of Tukwila ss c�i 6200 Southcenter Boulevard, Tukwila WA 98188 >\ /20 s LEASE AGREEMENT Agreement Number: THIS LEASE AGREEMENT is made between the City of Tukwila ("the City" or "Lessor") and Sound Cities Association ("Sound Cities Association" or "Lessee"). IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Premises. Lessor is the owner of the commercial Boulevard, Tukwila, Washington (the "Property") Lessee, a portion of the Property consisting of a "Premises"). The Premises do not include the conduits, wires, fixtures and equipment abov the Property or the buildings thereon. he City share of the Property that the Premise rentable area of the Premises to the agr of this Lease. p ' ty located at 6300 Southcenter sso •es hereby agree to lease to ximately . •0 rentable square feet (the erior .11s, roo , and beneath, pipes, ducts, ended ceiling, or any other portion of Lessee agree that the Lessee's pro-rata t of 45%, based on the ratio of the agreed rea of the entire Property as of the date 2. Term. This Agreement s be ' ' - nd effect for a period commencing January 1, 2025 and ending Dece d26, unless sooner terminated under the provisions set forth in Section 22. Upohis Lease the Lessee shall surrender all keys and/or access cards to the Cit 3. Possession. Lessee • eemed to have accepted possession of the Premises in an "as - is" condition. The City es no representations to Lessee regarding the Premises including the structural condition of the Premises and the condition of all mechanical, electrical and other systems. Lessee shall be responsible for performing any work necessary to bring the Premises into condition satisfactory to Lessee. Lessee shall not engage in any improvements or alterations to the Premises without the express written consent of the City. 4. Rent. Base rent shall be set at $19.50 per square feet per year, or $28,459.00 per year, to be paid in monthly installments of $2,371.62 for the period of January 1, 2025 - December 31, 2025 and $20.00 per square feet per year, or $29,189.00 per year, to be paid in monthly installments of $2,431.43 for the period of January 1, 2026 - December 31, 2026. Rent shall be due on the first day of each month. If payment is not received by the fifth day of each month, Lessee shall be responsible for paying a late fee equivalent to five percent (5%) of the delinquent amount in addition to the past due payment. All delinquent sums not paid within thirty (30) days of the due date shall bear interest at the rate of twelve percent (12%) per Sound Cities Association 2025-2026 Lease Agreement Page 1 of 9 3 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: annum. Interest on all delinquent amounts shall be calculated from the original due date to the date of payment. The City's acceptance of less than the full amount of any payment due from Lessee shall not be deemed an accordance and satisfaction or compromise of such payment. 5. Leasehold Excise Tax. Lessee shall pay leasehold excise tax due pursuant to RCW 82.29A to Lessor by the first day of each month at the rate of 12.84% of the base rent set forth in Section 4 herein, such amount being $304.44.00 per month for January 1, 2025 - December 31, 2025 and $312.15 per month for January 1, 2026 - December 3 2026. The leasehold excise tax shall be paid in addition to the monthly rental payme► .nd any other payments required under this Lease. If the State of Washington changes l -holdexcisetax,thetaxpayable by the Lessee each month under this Lease shall . orrespo gly modified in compliance with RCW 82.29A without further action by the ties. 6. Use of Premises by Lessee. Lessee sh Premises shall be used only for the us purpose without the prior written cons Premises that is unlawful or th. 'll inc or cause the cancellation of to be committed any was not do or permit anything .one interfere with the r clients and visit 7. Lessee Maintenan Premises for general office use. The lied h- and for not for any other business or o act shall be done on or around the the e isting rate of insurance on the Premises the Premises. Lessee shall not commit or allow or any public or private nuisance. Lessee shall he Premises which will obstruct, cause injury or enants, or occupants of the Premises or their customers, pair Responsibility. Lessee shall, when and if needed, at Lessee's sole expense, - repairs to the Premises and every part thereof; and Lessee shall maintain the Premises in a neat, clean, sanitary condition. Lessee shall surrender the Premises to the City in good condition upon the termination of this Lease, reasonable wear and tear expected. 8. Signage. Lessee shall obtain the City's written consent before installing any signs on the Premises and shall install any approved signage at Lessee's sole expense and in compliance with all applicable laws. Lessee shall not damage or deface the Premises when installing or removing signage and shall repair any damage to the Premises caused by such installation or removal. 9. Utilities, Equipment and Services. The City shall provide the Premises with the following services, the cost of which shall be included in the rent paid by Lessee: water, electricity, and heating/cooling seven (7) days per week and janitorial services five (5) nights per week, exclusive of holidays. Sound Cities Association 2025-2026 Lease Agreement Page 2 of 9 4 wq City of Tukwila ss c�i 6200 Southcenter Boulevard, Tukwila WA 98188 >\ /20 s Agreement Number: The Lessee shall pay the City $110 per month for internet service, payable on the first of each month along with rent. The City shall provide six (6) extensions to the City phone system for use by the Lessee and will maintain the phone system at no additional cost to the Lessee. Lessee shall be responsible for all costs associated with long distance and other toll calls which may be billed separately by the City. Charges will be invoiced upon recei f phone bill and will be payable within 30-days. On an annual basis, the Lessee shall provide an i equipment and software utilized by the Le requested for purchase by the City to update at actual cost. Any hardware equipment or reviewed by the City's Technology a ` •vatio and supportability prior to purchase a Virus checking software and Service Center is manda Lessee. Any virus signature to automatically u ntory lis the City detailing hardware A hard equipment or software s inventory will be billed to the Lessee re purchased by the Lessee shall be vice Center for system compatibility proved by the City's Technology and Innovation omputers, laptops and servers in use by the ease• . the virus checking software company shall be set e Lessee's software updated to the latest version available. 10. Destruction of Pre he Premises are completely or partially destroyed by fire or other casualty, of if th- - damaged by an uninsured casualty, or by an insured casualty to such an extent that the damage cannot be repaired within sixty (60) days of the occurrence, the City shall have the option to restore the Premises or to terminate this Agreement on thirty (30) days written notice, effective as of any date not more than sixty (60) days after the occurrence. If this Section becomes applicable, the City shall advise the Lessee within thirty (30) days after such casualty whether the City elects to restore the Premises or to terminate this Agreement. If the City elects to restore the Premises, it shall commence and complete the restoration work with due diligence. For the period from the date of the casualty until completion of the repairs (or the date of termination of this Agreement, if the City elects not to restore the Premises) the monthly base rent shall be abated in the same proportion that the untenantable portion of the Premises bears the whole thereof, unless the casualty results from Lessee's negligence or its breach of obligations under this Agreement. 11. Hazardous Substances. Lessee shall not generate, release, spill, store, deposit, transport or dispose of (collectively "Release") any hazardous substances, sewage, petroleum products, Sound Cities Association 2025-2026 Lease Agreement Page 3 of 9 5 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: radioactive substances, medicinal, bacteriological, or disease -producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state and local laws and regulations in any reportable quantities (collectively "Hazardous Substances") in, on or about the Premises. Lessee shall attach a separate list of Hazardous Substances they propose to store on site and the City must accept the list in writing or Hazardous Substances cannot be stored on site. The Lessee shall indemnify, hold harmless and defend the City from any and all claims, liabilities, losses, damages, clean-up costs, response costs and expenses, including reasonable attorneys' fees, arising out of or in any way related to the r -ase by the Lessee or any of its agents, representatives or employees, or to the prese ' .f such Hazardous Substances in, on or about the Premises occurring at any time afte e - -ctive date of this Agreement to the full extent of the Lessee's liability. 12. Alterations and Additions. After obtaining t make, at its sole expense, such additional impro it may deem necessary or desirable. A done in conformity with plans and spe shall be done in a workmanlike •- ner . `:' all 13. Liens. Lessee shall keep materials furnished, or obli 14. Insurance. The against claims connection with th itten consent of the City, Lessee may tints or alterations to the Premises which construction done by Lessee shall be ved by the City. All work performed b-come the property of the City. m any liens arising out of any work performed, ncu - i by Lessee. and maintain for the duration of the Lease, insurance ersons or damage to property which may arise from or in peration and use of the leased Premises. a. No Limitation The Lessee's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Lessee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. b. Minimum Scope of Insurance. The Lessee shall obtain insurance of the types described below: i. Commercial General Liability insurance shall be at least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover premises and contractual liability. The City shall be named as additional an insured on Lessee's Commercial General Liability insurance policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 2011 or a substitute endorsement providing at least as broad coverage. ii. Property insurance shall be written on an all risk basis. Sound Cities Association 2025-2026 Lease Agreement Page 4 of 9 6 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: c. Minimum Amounts of Insurance. Lessee shall maintain the following insurance limits: i. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. ii. Property insurance shall be written covering the full value of the Lessee's property and improvements with no coinsurance provisions. c. Other Insurance Provisions. The Lessee's Commercial General Liability insurance policy or policies are to contain or be endorsed to contain that t respect to the City. Any insurance, self-insurance, or by the City shall be in excess of the Lessee's insura shall be primary insurance as rance pool coverage maintained hall not contribute with it. d. Acceptability of Insurers. Insurance is to b- .ced with inss with a current A.M Best rating of not less than A: VII. e. Verification of Coverage. Lessee sh'sh th- with original certificates and a copy of any applicable amendatory endor - . g, but not necessarily limited to, the additional insured endorsem-• -vide _ he insurance requirements of the Lessee. f. Waiver of Subrogation. all claims, losses, and lia insurance on or i only to the ex g. Cit 's Pro•ert Lease, all-risk prope hereby release and discharge each other from om or caused by any hazard covered by property ith the Premises or said building. This release shall apply oss or liability is covered by insurance. he City shall purchase and maintain during the term of this urance covering the Building for full replacement value without any coinsurance provisions. h. Notice of Cancellation. The Lessee shall provide the City with written notice of any policy cancellation, within two (2) business days of receiving such notice. i. Failure to Maintain Insurance. Failure on the part of the Lessee to maintain the required insurance shall constitute a material breach of this Lease upon which the City may, after giving five (5) business days notice to the Lessee to correct the breach, terminate this Lease or, at its discretion, procure or renew such insurance and pay and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. j. City Full Availability of Lessee Limits. If the Lessee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Lessee, irrespective Sound Cities Association 2025-2026 Lease Agreement Page 5 of 9 7 wq City of Tukwila ss c�i 6200 Southcenter Boulevard, Tukwila WA 98188 >\ /20 s Agreement Number: of whether such limits maintained by the Lessee are greater than those required by this Lease or whether any certificate of insurance furnished to the City evidence limits of liability lower than those maintained by the Lessee. 15. Indemnification and Hold Harmless. Lessee shall defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of Lessee's use of Premises, or from the conduct of Lessee's business, or from any activity, work or thing done, permitted, or suffered b ssee in or about the Premises, except only such injury or damage as shall have been • .sioned by the sole negligence of the City. It is further specifically and expressly under .. .t the indemnification provided herein constitutes the Lessee's waiver of immuni nder In. rial Insurance, Title 51 RCW, solely for the purposes of this indemnification. s waiver has b- mutually negotiated and agreed to by the Lessee and City. The provisi of tsection shall survive the expiration or termination of this Lease. 16. Assignment and Subletting. Lessee s is Lease or sublet any portion of the Premises. Any sublease or assi . • ent vio .tion of this provision shall be void. 17. Default. Failure by Les provisions of this Lease, w written notice fro Lease. Lessee s to the City. erform any of the covenants, conditions or al • - shall continue for a period of ten (10) days after the default, shall constitute a default and breach of this ity . mptly of any default not by its nature necessarily known 18. Access. After reasona otice from the City (except in the cases of emergency where no notice is required) the Lessee shall permit the City and its agents, employees and contractors to enter the Premises at all reasonable times to make repairs, alterations, improvements or inspections. This section shall not impose any repair or other obligation upon the City not expressly stated elsewhere in this Agreement. 19. Compliance with Laws, Rules and Regulations. Lessee shall, at its sole cost and expense, promptly comply with all laws, statutes, ordinances and governmental rules, regulations or requirements now in force or which may hereafter be in force relation to or affecting the conditions, use, or occupancy of the leased premises. Lessee shall faithfully observe and comply with City rules and regulations. 20. Permits. Lessee shall, at its sole cost and expense, be responsible for obtaining any required permits and licenses necessary to perform the work and covenants of this Lease. Sound Cities Association 2025-2026 Lease Agreement Page 6 of 9 8 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 21. Notices. All notices under this Lease shall be in writing and shall be effective when mailed by certified mail or delivered to the addresses listed below. Notices to Lessor shall be sent to: City of Tukwila ATTN: Mayor's Office 6200 Southcenter Boulevard Tukwila WA 98188 Notices to Lessee shall be sent to: Sound Cities Association ATTN: Executive Director 6300 Southcenter Blvd, Suite 206 Tukwila WA 98188 22. Termination. Either party may terminate this Agree outlined in Section 17 or at any time on or before th minimum of thirty (30) days written notice to the 23. Applicable Law; Venue: Attorneys' Fees. construed in accordance with the laws of the arbitration, or other proceeding is i parties specifically understand and ag The prevailing party in any suc on s enti if the other party is in default as p er party. on of this Lease by providing a eement shall be governed by and of Washington. In the event any suit, rce any term of this Agreement, the e' hall be in King County, Washington. ed to its attorneys' fees and costs of suit. 24. Authority of Lessee. T • he dividual executing this Lease on behalf of the Lessee represent and warr. s e : my authorized to execute and deliver this Lease and upon executi. -as. binding upon the Lessee in accordance with the terms herein. 25. Waiver and Forbea waiver by the City of any breach or default by the Lessee of any of its obligations or c. .nts herein shall be deemed to be a waiver of any subsequent breach or default of the same or any other obligation or covenant, nor shall forbearance by the City to seek remedy for any break or default of the Lessee be deemed a waiver by the City of its rights and remedies with respect to such breach or default. 26. Entire Agreement - Modification. This Lease Agreement together with all exhibits or addenda expressly incorporated herein by reference and attached hereto shall constitute the whole agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. Except as otherwise provided, no modification or amendment of this Lease Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. 27. Severability and Survival. If any term, condition or provision of this Lease is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. Sound Cities Association 2025-2026 Lease Agreement Page 7 of 9 9 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: CITY OF TUKWILA SOUND CITIES ASSOCIATION By: By: Thomas McLeod Mayor Attest: By: Andy YuonCity Clerk Approved as to form: By: City Attorney Executive Director /s Sound Cities Association 2025-2026 Lease Agreement Page 8 of 9 10 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 STATE OF WASHINGTON ) ss. COUNTY OF KING Agreement Number: I certify that I know or have satisfactory evidence that Allan Ekberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowle• d it as the Mayor of the City of Tukwila to be the free and voluntary act of such party for the -s and purposes mentioned in the instrument. Dated this_ _ day of , 2022. [Stamp or Seal] STATE OF WASHINGTON COUNTY OF KING Print Name) t ntment expires I certify that I kno hay- .atisfactory evidence that Deanna Dawson is the person who appeared before me, and sai. .n acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it the Executive Director of Sound Cities Association to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this_ _ day of , 2022. [Stamp or Seal] Notary Public for Washington (Printed or Stamped Name of Notary) Residing at My appointment expires: Sound Cities Association 2025-2026 Lease Agreement Page 9 of 9 11 12 TO: FROM: CC: DATE: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Finance and Governance Committee Brandon Miles, Director, Government Affairs and Strategic Initiatives Thomas McLeod October 21, 2024 SUBJECT: Lodging Tax Funding Request: City of Tukwila, Seattle Seawolves Partnership ISSUE Review of a lodging tax funding request from the City of Tukwila Mayor's Office for funds to support the 2025/26 Partnership with the Seattle Seawolves. BACKGROUND The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion'. There is currently just over $1 million in lodging tax funds available for use. The City's Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded2. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. Pending Applications At its October 11, 2024, meeting, the LTAC reviewed and sent forward to the City Council an application by the City of Tukwila for the 2025/26 Seawolves Partnership. LTAC recommends approval of the funding request. i RCW 67.28.080 (6) defines "tourism promotion" as "...activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists." 2 On August 17, 2016, the Washington State Attorney General's Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: "When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee's recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal." 13 INFORMATIONAL MEMO Page 2 14 1. City of Tukwila, 2025/26 Seawolves Partnership (Not to Exceed $180,000 ($90,000 in 2025 and 2026). The City of Tukwila is requesting lodging tax funds to partner with the Seattle Seawolves for the team's 2025/26 seasons. The Seattle Seawolves is a professional rugby team in Major League Rugby (MLR). The team trains and plays all of its home games at Starfire Sports in Tukwila. The Seawolves are the most successful and dominate team in MLR. The team has won two MLR Championships. Rugby as a whole is growing in popularity in the United States and is popular in Seattle. In 2024 total home attendance for the Seawolves at Starfire was just over 31,000 people. The Seawolves also have a very strong digital following and a growing brand identity in the Seattle metro region. Through the Experience Tukwila digital accounts, the City has done some limited campaigns with the Seawolves to promote both the Seawolves and the City. The City has had an ongoing partnership with Seawolves since 2022. In 2023/24 the City provided a total of $150,000 to the Seawolves for a two year partnership. The proposed 2025/26 partnership largely carries on the same benefits the City will receive from the Seawolves. One of the biggest benefits the City receives is having the City's name located on the back of the Seawolves home, away, and alternate kits. The City's ongoing goals with the partnership with the Seawolves include: 1. Drive Heads in Beds. Tukwila hotels will be the official hotel for away teams for the 2025/26 seasons. 2. Drive More Traffic to Area Businesses. Drive more people to area businesses, such as restaurants, entertainment activities, and other hospitality type businesses. 3. Building the Tukwila Brand. The Seawolves have a strong and growing brand in the Seattle region. Additionally, the Seawolves have a very strong brand following by millennials and families, part of the City's overall target audience for branding. The City's internal brand essence is "Accessible Fun." The Seawolves games are easily "accessible fun." The games are reasonably priced, fun, and safe for families. 4. Rugby Community. The City also has an opportunity to build a rugby brand. Like we have done for soccer, Tukwila could be known as the epicenter of soccer in the Pacific NW. Supporting the Seawolves can help attract more rugby matches to the City. In 2021 our relationship with the Seawolves resulted in introductions to the Rugby 7 organizers and the XV Series, both of these activities called Tukwila home for their matches. The Seawolves have also brought international friendly matches to the City. LTAC Recommendation on Application: Do Fund Staff Recommendation on Application: Do Fund. FINANCIAL IMPACT The total request will not exceed $180,000 over the two-year period ($90,000 per year). The six -year Tourism Financial Plan has a total of $175,000 ($350,000 over the total two year period) allocated per year for sponsorships. 2025 Tourism Six -Year Financial Plan Allocation Sponsorships: $175,000 Seattle Seawolves (Pending) ($90,000) Remaining Sponsorship Funds: $85,000.00 INFORMATIONAL MEMO Page 3 2026 Tourism Six -Year Financial Plan Allocation Sponsorships: $175,000 Seattle Seawolves (Pending) ($90,000) Remaining Sponsorship Funds: $85,000.00 RECOMMENDATION Staff recommends that the Committee approve the pending funding requests and forward to the November 4, 2024, consent agenda. Staff also requests permission to place the future funding agreement, that implements this funding request, on a future consent agenda, without the need to bring the contract to a committee. ATTACHMENTS 1. Lodging Tax Application, City of Tukwila, Seattle Seawolves 2. Experience Tukwila x Seawolves 2024 Recap 3. Six Year Financial Plan 15 16 Application to the City of Tukwila for Use of 2024 Lodging Tax Funds Event or Activity Name (if applicable): 2025/2026 Seattle Seawolves Partnership Amount of Lodging Tax Requested: Not to Exceed $180,000 ($90,000 in 2025 and 2026 Applicant Organization: City of Tukwila Federal Tax ID Number: 91-6001519 Mailing Address: Office of the Mayor 6200 Southcenter Blvd Tukwila, WA 98188 Primary Contact Name: Brandon Miles Primary Contact Phone: 206-431-3684 Primary Contact Email Address: Brandon.Miles@Tukwilawa.gov Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism -related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism -related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non -Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that: • I am proposing a tourism -related service for 2021. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable. • My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: /s/ Date: October 8, 2024 17 1) If an event, list the event name, date(s), and projected overall attendance. The City of Tukwila is requesting lodging tax funds to partner with the Seattle Seawolves for the team's 2025 and 2026 seasons. The Seawolves are a professional rugby team in Major League Rugby (MLR). The team trains in Tukwila and plays all its home games at Starfire Sports. The Seawolves are the most successful and dominate team in MLR rugby, having played in multiple championships games and winning two of them. Rugby as a whole is growing in the United States, with the US set to host the World Cup in 2031 for men's and 2033 for women's. The City provided $40,000 in funding in 2022 and $150,000 over two years for 2023 and 2024. Staff is requesting a total of $180,000 ($90,000 per year) through 2026 to execute a sponsorship agreement with the Seawolves.. The Seawolves have a very strong digital following and a growing brand identity in the Seattle metro region. Through Experience Tukwila digital accounts, the City has done significant campaigns and posts to highlight the team, rugby, and the City. Moving forward staff wants to start planting the flag that Tukwila is "Rugby City USA." In 2025 and 2026 the City would partner with the Seawolves on initiatives that focus on three distinct areas: 1. Drive Head in beds. Tukwila hotels will be the official hotel for away teams for the 2022 and 2023 seasons. 2. Drive More Traffic to Area Businesses. The Seawolves have been very supportive of promoting the City via its own social media channels. We have done cross promotion with Experience Tukwila and the Seawolves to promote Tukwila businesses and events. 3. Building the Tukwila Brand. The Seawolves have a strong and growing brand in the Seattle region. Additionally, the Seawolves have a very strong brand following by millennials and families, part of the City's overall target audience for branding. The City's internal brand essence is "Accessible Fun." The Seawolves games are easily "accessible fun." The game are reasonably priced, fun, and safe for families. In 2023/2024 the City received significant exposure on all the Seawolves social media and TV. The City's name is also on the backdrop for the Seawolves and used for media interviews for the players and coaches. Another fun feature is that the City has branding directly on the team's jerseys. This provides great earned media exposure for the City. 4. Rugby Community. The City also has an opportunity to build a rugby brand. Like we have done for soccer, Tukwila could be known as the epicenter of soccer in the Pacific NW. Supporting the Seawolves can help attract more rugby matches to the City. In 2021 our relationship with Page 2 of 7 18 the Seawolves resulted in introductions to the Rugby 7 organizers and the XV Series, both of these activities called Tukwila home for their matches. We want to work to known as Rugby City USA. 2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Both, both directly and indirectly by building a rugby brand 3) Describe why visitors will travel to Tukwila to attend your event/activity/facility. The Seawolves have been playing in Tukwila since the team was founded. In 2024 a total of 31,387 attended preseason, regular season and post season matches at Starfire. In the past years the City has partnered with the Seawolves to bring international matches and club matches to the City. 4) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Regionally. Most fans are located within the Greater Seattle region. Home games may also produce a small number of traveling fans from throughout the United States. These homes games would also generate hotel stays by the away team. Besides attendance at games, the City is also hoping to get branding exposure with the Seawolves 5) Describe the prior success of your event/activity/facility in attracting tourists. The Seawolves have shown the ability to bring fans to the City. In 2019 year the City partnered with the Seawolves on two international matches. Homes games are well attended. This year the Seawolves hosted two playoff matches at Starfire. 6) If this your first time holding the event/activity/facility provide background on why you think it will be successful. N/A 7) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. The City will utilize Experience Tukwila and the Seawolves digital and social media for promotion. The City will bring in additional partners and these partners would be required to also promote various events, such as the fan day event or viewing parties. Seawolves matches are streamed online and shown on TV last year these games brought significant brand exposure to the City. Page 3 of 7 19 8) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. Various ways, through digital media and by hosting specific events. 9) Is the City able to use your digital and print media for collaborative marketing? Yes 10) Describe how you will use the name, "Tukwila" in publications, promotions, and for your event? All events will be promoted as being in Tukwila. Additionally, the City will get special recognition in various mediums. 11) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) As a direct result of your proposed tourism -related service, provide an estimate of (annual estimates): a. Overall attendance at your proposed event/activity/facility. 40,000 per year. b. Number of people who will travel fewer than 50 miles for your event/activity. 90% c. Number of people who will travel more than 50 miles for your event/activity. 10% d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. Approximately 200 per year. e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. Approximately 200 per year. f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. 200 per year. Page 4 of 7 20 g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) 400 per year. 12) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc?. These are estimates based upon a variety of factors, including fan attendance at games, fan attendance at special events, overnight stays by the away teams, etc. The numbers provided are for estimated in person attendance and do not include media and social media exposure. 13) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? No. 14) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? No. 15) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? The City is requesting $180,000 ($90,000 for each year for this sponsorship). 16) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? We would not be able to have a paid sponsorship with the Seawolves. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City's Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Page 5 of 7 21 Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 731-9071 Brandon.Miles@Tukwilawa.gov. Form Updated: January 5, 2021 Page 6 of 7 22 Conceptual Scope of Services (Not Final) A. City logo on lower back of all Seawolves player jerseys for the 2025 and 2026 seasons. B. Non -Exclusive use of Seattle Seawolves marks for advertising and promotional purposes. C. Co -branded media Step & Repeat used for matchday fan zone activations, local/regional match broadcasts, and media interviews. D. Presenting sponsor of one (1) Seawolves home match: a. Presenting sponsor benefits include: i. Promotion of game on regional/local match broadcast, including "Presented by" with City's name and tourism mark exposure. ii. Social media post leading up to the match with City's tourism mark and tag. E. One (1) TV billboard per local/regional home match broadcast (includes 6 seconds of copy and tourism mark exposure). F. Location for all 2025 and 2026 home matches shall be listed as "Tukwila" and not reference Seattle. G. A lodging establishment within the City of Tukwila, chosen by the Contractor, shall serve as the official hotel for all visiting teams. H. The City and Contractor shall issue a joint press release highlighting the extension of the partnership. I. City listed on Contractor's partner page with logo and copy. J. Five (5) Seawolves jerseys with Experience Tukwila logo on back for City use. K. Five (5) one -hour player appearances. L. Subject to space availability and limitations as determined by the City, Contractor shall use the City billboard at West Valley Hwy and S. 180t' St. to promote Seawolves matches. Contractor is responsible for designing any digital ad on the billboard and shall place the City's tourism mark on the display ad. M. Provide one social media post highlighting the City's partnership and support for the Seawolves and rugby. N. With final approval from the Seawolves, the City can issue a novelty "Hunting Licenses" to fans. The license may allow for discounts at area businesses. Seawolves and City shall jointly agree in writing to any businesses included in the promotion. O. The City may use the term "Home of the Seattle Seawolves" in its marketing and promotion activities. Page 7 of 7 23 24 SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 SEAWOLVES.RUGBY 1\3 C) SEATTLE SEAWOLVES + EXPERIENCE UKWILA sPorfr Ure2 Writs 40, breaks .COm SEATTLE SEAWOLVES + EXPERIENCE TUKWILA Experience Tukwila x Seawolves Jerseys 2024 • 444 total jersegs sold in 2024 • 354 jersegs and training tops emblazoned with Experience Tukwila worn by players and coaches during the 2024 season OD SEATTL' '`► , ` • S + EXPERIENCE TUKWILA SEATTLE SEAS Experien e Tukwila x Seawolves Press Backdrop cep. 1Lk1W11O TALwiitk SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 Experience Tukwila x Seawolves Blood Drive and Soup Kitchen CITY HALL MONoav_caonv W SEATTLE SEAWOLVES + EXPERIENCE TUKWILA Seawolves Matches in Tukwila SEATtt1&EAM1YDL4ES .1 PMLIGQI I UFOPIRO pv UPCDMINI. AiT/r7 + JACKALS l 1aFd ❑r } 2024 MLR WESTERN CONFERENCE FINAL SUN. JUL STARFIRE STADIUM, TUKWILA WA LIVE ON FS1 bF+aX13+ = WHAT'S ON >»> MAJOR LEAGLE AUGUI PLAYOFFS •.tpert break..€6m i Starting Stadium Tukwila, WA Ti4kwila 2024 SEATTLE SEAWOLVES + EXPERIENCE TUKWILA *grim 6/22/24 Presentin artner - Experience Tukwila Cxarn,,. 4 tltl1C5I S IROSTE 6 SHORT 7 DUET 6 TAYIOR O 10 MASH 11 RUfl 13 KRIEL 13 ROSSOUW 14 MOOHEYHAM 17 "TTTNEWS 'Tukwila ��RucBr Herwowx Eni7s1] Q WHERE FANS COME TO III PERIENCETUKWILA.COM 1 W N SEATTLE SEAWOLVES + EXPERIENCE TUKWILA Seawolves Billboard in Tukwila -.1064 426.026 a6 — E VALLEY RD WL 43OF NC S 1 12ND ST SF 2024-07-1 3 1 7:47,13 �L SEMI, F1 rEVON TiCKETS ON SALE NOW }.. VISIT w W SEAWOLVES RUGBY SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 In -person Attendance Totals 12 Total Home Matches: O 2 Home Preseason Matches O 8 Regular Season Matches O 2 Home Playoff Matches Paid City of Tukwila $54,588.04 in admissions tax in 2024 All visiting teams in 2024 staged in Tukwila at Courtyard Marriott Southcenter. Seawolves spent $57,246.5, in 2024 away match viewing parties in Tukwila at Billy Baroo's Smokehouse 31,387 2024 Home Attendance •• • • • W SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 Broadcast Impressions Broadcast partners: o National: FOX [1], FS1 [2] and FS2 [5] o Local: FOX 13+ [7], ROOT SPORTS and ROOT SPORTS Plus [3) o Streaming on The Rugby Network [All) FOX 13+ viewership of Seawolves matches up 55% YoY • Experience Tukwila logo on the lower back of jersey saw a 74% increase in SMV and an increase of 63% in exposures YoY 21.2 Million Impressions on FOX, FS1 � and ROOT SPORTS 7,469 Avg. Viewership Persons 18+ on FOX 13+ SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 Impressions via Web Pages 1Ti4kwila Total Webpage Impressions with Experience Tukwila Logo on -screen Situated south of Seattle, Tukwila is the metro area's most accessible, affordable, and multicultural destination. Experience the many parks, shops, restaurants, and entertainment attractions that make this city truly stand out Visit Tukwila, Washington today_ USERS VIEWS 89K 250K CA) SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 Social Posts Featuring Experience Tukwila PRESENTEE 9Y ,, Mkwik VS ANTHEM RC STA rtriligri 41„,,: fi ❑EWALO DONALD E CHARLES ELTON - VC 11 JADE STIGHLING 2 DAMIAN PERRY 7 KARA PRYOR 1, TAVITE LOPETI 3 OLIVE KIUFI i 111 9 RIEKERT HATEINGH - C 4 TAYLOR 5 MAHONRI KRUMREI NGAKORO 10 SAM WINDSOR 13 TEVITA CONNER TS DUNCAN KORIORANI MUONEYHAM MATTHEWS 1E JOE TAOFETE'E 17 EAMERON ORR CHANCE WENGLEWGKI 19 ISAIA LOTAWA 20 HOW TAYLOR 21 JP SMITH MACK MASON 23 INA FOTI • w 13 Social Analytics: 86 posts included Experience Tukwila logo on -screen across all social 4U, channels 976,000. impressions across all social channels tra. Nam^ 5 F�. .1111. Report Details /^tee SEATTLE SEAIYOLYES 'j►Tinkwila Rightsholder Seattle Seawolves Sponsor Experience Tukwila PI TukwiNTHEM RC IN�,ft 30LIVE OPIRE1AYLOR sMAXONRI 1031R0 PERRY gLIFl NRUMRFI NNIIRR DONNA RIENERT R RYAN REZ I 10 RAM WINRNR 4 14 CANNER 15 UUNCAR sTI0NUN0 CUpETI NugORAHI MOONEYNAEI MATTMEWS JOE TAUPE,. 1Y CAMERON PPR 1N CIMNCENNN1ENNO 1R IRIIIALOTMNA 20 NUW TAYLOR RI JRNM EN 22 MAT%MAER L9 INA EM Selected Valuation Dates: October 1st, 2023 - September 9th, 2024 Broadcast impression data is available for most national and regional networks for seasons starting in 2023 and beyond September 1st, 2023 - September 5th, 2024 relo W co Valuation Summary OTak+ In HIGHLIGHTS Sponsor Media Value $63.8K Full Media Value $250.6K MEDIA VALUE BREAKDOWN Top Platforms Platform SMV Broadcast (3 Instagram ,9 Facebook x Cr TikTok X $62.8K $500 $448 $34 $5 Social SMV: $989 Exposures: 97 Social Posts: 86 Social Impressions: 976K Video Views: 42.2 K Engagements: 12.9 K Social Distribution • O&O Player Away Account League Broadcast SMV: $62.8K Exposures: 1.5 K Broadcasts: Broadcast Impressions: 21.2M Broadcast Distribution • Home National Other Away Broadcast September 1st, 2023 - September 5th, 2024 relo Placement Breakdown 7Tukwila Top Placements Performance based on combined sponsor media value for broadcast, streaming, and social Placement Exposures Duration Impressions Video ViewsValue Engagemen is Social Post Count Broadcast Count Impressions Avg MVP Full Media Value Sponsor Media 1 Kit Sponsor 1.5K 7.2K 20.9M 31.5K 2.8K 17 19 20.9M 24% $223.7K $51.5K 2 Press Backdrop 14 1K 0 9 0 C 0 51% $7.3K $3.9K 2 Broadcast Full Screen Billboard 20 159 372K 0 0 1 372K 77% $4.6K $2.8K 4 Clack Wrap Logo Center 15 957 0 0 0 40% $i6.7K $2.8K 5 Starting Feature 5 224 4.4K 0 = , 47% $2.1K $983 L-Bar Broadcast Graphic 3 78 0 0 0 II ., 75% 51.1K $811 Keyword Text Exposure 63 0 712.7K 10.8K 8.3K 63 :: 712.7K 14% $4K $578 8 Social Branded Content 11 0 139K 0 1.5K 11 � 29K 312;. 5753 82 5 Match !dent Feature 2 18 0 0 0 0 1 50'c 3258 :3'7''9 10 Hashtag Text Exposure 6 0 31.7K .0 285 6 0 3: 7K 21?'o- r `154 330 We have added impression data for some broadcasts. Currently, Broadcast impression data is available for most national and regional networks for seasons starting in 2023 and beyond September 1st, 2023 - September 5th, 2024 rel o 3 Account & Network Breakdown (O� Top Instagram Accounts by SMV Account Handle Post Count Impressions Video Views Sponsor MV @seawolvesrugby 42 132.5K 15.9K $441 @usmlr 2 37.4K 12.2K $50 @dannykriel 1 2.9K 0 $7 @houstonsabercats 1 1.5K 0 $2 CTop Facebook Accounts by SMV Account Handle Post Count Impressions Video Views Sponsor MV @SeawolvesRugby 20 759.2K 6.2K $446 @usmlr 1 6.8K 2.9K $1 @HoustonSaberCats 1 1.9K 820 $1 X Top X Accounts by SMV Account Handle Post Count Impressions Video Views Sponsor MV @SeawolvesRugby 14 28K 381 $31 @usmlr 1 3K 1.1K $3 Q Top Youtube Accounts by SMV Account Handle Duration (sec) Video Views Sponsor MV @Major League Rugby 3 955 $2 d, Top TikTok Accounts by SMV Account Handle Post Count Impressions Video Views Sponsor MV @majorleaguerugby 1 1.5K 1.5K $5 @seawolvesrugby 1 324 324 $0 Top Broadcast Accounts by SMV Network Broadcasts Exposures Dura(seeo ) n Impressions Sponsor MV The Rugby Network 19 574 3.8K 0 $15.6K Fox Sports 2 5 147 759 0 $13K FOX 1 55 252 17.5M $12.1K Fox Sports 1 2 65 348 3.1 M $8.7K Fox 13 Plus 9 288 2.3K 0 $7.4K September 1st, 2023 - September 5th, 2024 relo Facebook •Takwila VS ANTHEM RC STARTING YV tlat , s it 2 11 05/02/2024 co tro] Instagram Impressions Engagements Full Media Value 62,151 201 $199 Sponsor Placements AVG MVP Total SMV Experience 2 placements 33% Tukwila $129 •a=•=°=_•" 0-51kwila VS ANTHEM RC STARTINRig XV 05/02/2024 Impressions Engagements Full Media Value 4,368 482 $147 Placements AVG MVP Total SMV Experience 2 placements Tukwila Xx VS ANTHEM RC Wr4 Nr XV it 2 41, @SeawolvesRugby 05/02/2024 Impressions Engagements Full Media Value 3,404 56 $22 Sponsor Placements AVG MVP Total SMV 33% $95 I Experience L Tukwila Social Branded Content 50% $11 September 1st, 2023 - September 5th, 2024 rel o IV E Facebook 06/27/2024 62 (] Instagram Video Views Engagements Full Media Value 3,832 117 $45 Sponsor Placements AVG MVP Total SMV Experience Tukwila tukwila - Keyword 12% $5 06/27/2024 co Xx Video Views Engagements Full Media Value 6,939 Experience Tukwila 592 $287 Placements AVG MVP Total SMV tukwila - Keyword 14% $40 J11 cp @usmlr 08/22/2024 Video Views Engagements Full Media Value 1,126 285 $87 Sponsor Placements AVG MVP Total SMV Experience Tukwila Kit Sponsor 11% $3 September 1st, 2023 - September 5th, 2024 rein Top Social Videos fAirn Oa c' TikTok @majorleaguerugby 08/23/2024 60 Video Views Engagements Full Media Value 1,485 252 $74 Sponsor Placements AVG MVP Total SMV Experience Kit Sponsor 11% Tukwila $5 O YouTube @Major League Rugby 08/22/2024 6' Video Views Engagements Full Media Value 955 26 $30 Sponsor Placements AVG MVP Total SMV Experience Kit Sponsor 43% Tukwila $2 September 1st, 2023 - September 5th, 2024 relo Top Performing Broadcasts by SMV 7TtkWih $14,000 - $12,000 - $10,000 - $8,000 - $6,000 - $4,000 - $2 , 000 - $0 12,910 8,752 5,605 5,407 3,896 3,590 2,276 2,076 I a a QIN o°` o o C Top Broadcasts 1 Seattle Seawolves vs New England FreeJacks (08-04-2024) - FOX 2 Seattle Seawolves vs. Dallas Jackals (07-28-2024) - FS1 and FOX 13+ 3 Seattle Seawolves vs. San Diego Legion (07-21-2024) - FS2 4 Rugby FC Los Angeles @ Seattle Seawolves (06-22-2024) - FOX 13+ 5 Dallas Jackals @ Seattle Seawolves (04-05-2024) - FS2 6 Seattle Seawolves @ Rugby FC Los Angeles (04-14-2024) - FS2 7 Seattle Seawolves @ San Diego Legion (06-29-2024) - FS2 8 Seattle Seawolves @ Dallas Jackals (05-19-2024) - ROOT SPORTS 9 San Diego Legion @ Seattle Seawolves (03-02-2024) - FOX 13+ 10 Utah Warriors @ Seattle Seawolves (06-09-2024) - FOX 13+ September 1st, 2023 - September 5th, 2024 relo Seattle Seawolves vs New England FreeJacks (08-04-2024) RIGHTSHOLDER SPONSOR PLACEMENT Seattle Seawolves Experience Kit Sponsor Tukwila Network Exposures Duration Impressions SMV 2 Networks 108 492 17.2M $12.2K Charlotte Anthem @ Seattle Seawolves (05-03-2024) RIGHTSHOLDER SPONSOR PLACEMENT Seattle Seawolves @ Utah Warriors (03-16-2024) RIGHTSHOLDER SPONSOR PLACEMENT Seattle Seawolves Experience Press Backdrop Seattle Seawolves City of Tukwila Clock Wrap Logo Tukwila Network Exposures Duration Impressions SMV 2 Networks 4 306 0 $1.3K Center Network Exposures Duration Impressions SMV 3 Networks 3 387 0 $1.2K September 1st, 2023 - September 5th, 2024 relo 0) SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 YoY Seawolves Social Media, Email, and SMS Growth f o tr in a e In 2024 we have seen the following growth in social media metrics: • 288% increase in audience size • 2,361% rise in engagement - 2,296% surge in impressions, totaling -40,436,246 Significant follower growth across platforms: o Facebook: +431 followers o Instagram: +4,257 followers o Linkedln: +442 followers o X: +244 followers YouTube: followers In 2024 we have seen the following growth in email and SMS metrics Total Contacts through SMS: 26,406 [up 11° from last gear] 0 Email Impressions: 812,724 0 SMS Impressions: 20,562 SEATTLE SEAWOLVES + EXPERIENCE TUKWILA 2024 2025 Major League Rugby Plans Projected 2025 season schedule: Preseason — Mid January thru early February. Regular season, playoffs and championship — Mid February thru late June. An Waft Eight [8] home regular season matches per team [sixteen [16] total regular season matches per team]. All 2025 matches will be nationally or regionally televised, as well as streamed globally. CO SEATTLE SEAVVOLVES + EXPERIENCE TUKVVILA 2024 SEAWOLVES.RUGBY Tourism Funding, Six Year Financial Plan DRAFT - Updated March 3, 2021 Working Draft Update 2023 Actuals 2024 Budget 2024 Projected (Unaudited) % Difference 2025 Tourism Revenue Lodging Tax Federal Indirect Grants: Local Grants & Other Payments: Interest and Other Earnings: Total Revenues: Tourism Expenses Marketing, Sales, and Sponsorships Sponsorships Small Events ?Hence Tukwila, Branding and Marketing, Visitors World Cup Planning and Activation Business Attraction and Promotion Sub Total: Special Projects (Previosuly COVID Response) Showare Sponsorship Station Domination (SSRTA) Sub Total: Destination Development Wayfinding Plan Development and Installation Art Investments Tukwila Pond Sub Total: General Administration Salary and Benefits City Overhead Charge Administrative Sub Total: Total Expenditures: Beginning Fund Balance: Ending Fund Balance: Notes $ 971,162 $ $ 44,000 $ $ 122,651 $ $ 1,137,813 $ 750,000 $ 20,000 20,000 790,000 $ 130,000 $ 15,000 $ 190,000 $ 50,000 $ 30,000 $ 280,180 $ 415,000 $ 15,000 $ 15,000 $ 93,001 $ $ 26,493 $ $ 11,203 $ $ 130,697 $ $ 410,877 $ 100,000 75,000 175,000 101,850 $ 27,818 $ 30,000 $ 159,668 $ 764,668 $ 785,000 125,000 910,000 412,000 115,917 27,818 12,750 156,485 568,485 4.67% 525.00% 15.19 - 0.72% - 100.00% - 100.00% 13.81% 0.00% - 57.50% - 1.99% - 25.66% 2026 2027 2028 2029 2030 Totals, '24-'30 $ 900,000 $ 1,000,000 $ 900,000 $ 900,000 $ $ 20,000 $ 20,000 $ 20,000 $ 20,000 $ $ 920,000 $ 1,020,000 $ 920,000 $ 920,000 $ $ 175,000 $ 15,000 $ 200,000 $ 250,000 $ 30,000 $ 670,000 $ 175,000 $ 15,000 $ 200,000 $ 500,000 $ 30,000 $ 920,000 175,000 15,000 200,000 30,000 420,000 950,000 $ 1,000,000 $ 20,000 $ 20,000 $ 245,000 970,000 $ 1,020,000 $ 6,680,000 $ 175,000 $ 175,000 $ 15,000 $ 15,000 $ 210,000 $ 210,000 $ $ $ 30,000 $ $ 430,000 $ 430,000 30,000 $ 175,000 15,000 210,000 $ 30,000 $ 430,000 6,435,000 1,050,000 90,000 1,230,000 750,000 180,000 3,712,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 90,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 90,000 100,000 75,000 175,000 200,000 $ 100,000 40,000 $ 40,000 - $ 600,000 240,000 $ 740,000 $ 150,000 $ 40,000 $ 600,000 $ 790,000 $ 150,000 $ 40,000 $ 600,000 $ 790,000 $ 150,000 $ 40,000 $ 600,000 $ 790,000 $ 850,000 $ 275,000 $ 2,400,000 $ 3,525,000 $ 71,954 $ 78,490 $ 80,845 $ 83,270 $ 85,768 $ 88,341 $ $ 29,209 $ 30,669 $ 31,000 $ 32,000 $ 33,000 $ 34,000 $ $ 30,000 $ 30,000 $ 30,000 $ 31,000 $ 32,000 $ 33,000 $ $ 131,163 $ 139,159 $ 141,845 $ 146,270 $ 150,768 $ 155,341 $ $ 991,163 $ 1,314,159 $ 1,316,845 $ 1,381,270 $ 1,385,768 $ 1,390,341 $ $ 2,342,419 N/A $ 3,069,355 $ 3,410,870 $ 3,339,707 $ 3,045,548 $ 2,648,703 $ 2,187,433 $ 1,771,665 $ 3,069,355 N/A $ 3,410,870 $ 3,339,707 $ 3,045,548 $ 2,648,703 $ 2,187,433 $ 1,771,665 $ 1,401,324 This document does not bind the City to provide funds nor does it authorize any funding. All use of lodging tax funds must be approved by LTAC and the City Council through an application process. The blue shaded cells indicate updates to what was intially approved. Salary/Benefits for Business Relations Manager is split 75/25 between general fund and lodging tax and is estimated to increase 3% annually after 2026. The City overhead charge is charged to all special funds. It recoups the cost to the general fund to support the lodging tax fund. It includes facilities, technology, legal, accounting, and record keeping services and is estimated to increase 3% annually after 2024. The totals include the budgeted 2025-2030 and the projected actuals for 2024. Updated: BJ M 10/7/2024 604,585 217,696 198,750 1,021,031 8,348,031 50 Revenue Tracking 2022 Lodging Tax Jan. $ 40,491 Feb. $ 49,604 Mar. $ 54,086 Apr $ 61,742 May $ 77,836 Jun $ 94,654 Jul $ 100,000 Forecasted Aug $ 100,000 Forecasted Sep $ 75,000 Forecasted Oct $ 35,000 Forecasted Nov $ 35,000 Forecasted Dec $ 35,000 Forecasted Total: $ 758,414 51 52 TO: FROM: CC: DATE: City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM Finance and Governance Committee Brandon Miles, Director, Government Affairs and Strategic Initiatives Thomas McLeod October 21, 2024 SUBJECT: Vietnamese Martyr's Church Development Agreement ISSUE Review of a development agreement for the Vietnamese Martyr's Church, located at 6841 South 180' Street to install a sculpture that exceeds the height standard in the underlying zoning. BACKGROUND Revised Code of Washington 367.70B.170 (RCW) and Tukwila Municipal Code (TMC) 18.86 allows the City to enter into development agreements with property owners for real property under their control. With a development agreement, the City can provide flexibility to zoning standards, such as height, bulk, setbacks, parking, etc. A development agreement is often used as complex or unique projects that do not fit easily within the adopted zoning and development standards of a jurisdiction. The Vietnamese Martyr's Church, located in the Southcenter District of the City, has been working to complete a significant construction project that includes the construction of new cathedral structure on the property. As part of the project the Church received permission and was issued a permit to install a sculpture on the property. The sculpture is a replica of a holy shrine in the La Vang region of Vietnam. The permit application that was initially submitted to the City was for a 45 foot tall shrine, the allowed maximum height in the Tukwila Urban Center - Workplace zoning designation. Yet, during construction the sculpture was built and installed at just over 55 feet tall, taller than what is permitted in the zone. To remedy the height issue, the City suggested and the applicant applies for a development agreement. The proposed development agreement will allow just the sculpture to extend to a maximum height of 56 feet, 11 feet taller than what is permitted in the underlying zoning. Note, the development agreement does not apply nor modify the development standards for the main church building or other buildings on the site. DISCUSSION The development agreement addresses the height exception needed to address the height deviation for the sculpture. Without the development agreement, the sculpture would have to be removed or lowered to meet the City's height standard. Since a development agreement is a contract, the City is required to receive a public benefit in exchange for the benefit granted to the property owner. The public benefit is proportional to the development and what is being requested. The property owner and staff have agreed on the following public benefit for the project: 1. When identifying the Sculpture's location, it shall be referred to as being in "Tukwila," the "City of Tukwila," or "Southcenter District." No reference to another city shall be made in referencing the Sculpture's location. 53 INFORMATIONAL MEMO Page 2 2. Owner shall grant the City a non -revocable license to use the sculpture's image and likeness in any digital, printing, video, or other medium to highlight or promote the City for tourism, economic development, and other marketing purposes. RECOMMENDATION Staff recommends that the City Council approve the development agreement and authorize the Mayor to execute. A public hearing is required and has been scheduled for the Regular Meeting on November 4, 2024. The City Council could take action on the development agreement following the public hearing. ATTACHMENTS 1. Draft Ordinance, with development agreement. 54 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT O CHAPTER 18.86 OF THE TUKWILA MUNICIPAL COD PPROVING AND AUTHORIZING THE PROPOSED VIE AMtSE MARTYRS PARISH SCULPTURE DEVELOPMENT AGREEMENT FOR KING COUNTY TAX PARCEL NUMBER 3623049087 WITH THE ARCHDIOCESE OF SEATTLE, A NONPROFIT CORPORATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Revised Code of Washington (RCW) 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter and persons having ownershi standards to govern and vest WHEREAS, the Development Agreement for description of which are attache 6 authorize development agreements between the City control of real property in order to establish development lopment, use and mitigation of real properties; and nd the Archdiocese of Seattle wish to enter into a County tax parcel number 3623049087, a map and ereto as included in Exhibit A; and WHEREAS, pursuant to d wila Municipal Code Section 18.86.050, a public hearing was conducted on the 4th day of November 2024 to take public testimony regarding this Development Agreement, as proposed; and WHEREAS, the City Council, pursuant to this ordinance, approves this Development Agreement as proposed and authorizes execution of this Development Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vietnamese Martyrs Parish Development Agreement by and between the City of Tukwila and the Archdiocese of Seattle, a copy of which is attached hereto as Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said Development Agreement on behalf of the City of Tukwila. 2024 Legislation: Vietnamese Martyrs Parish Sculpture Development Agreement Version 10/21/2024 Staff: B. Miles Page 1 of 2 55 Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and ke in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITYWILA, WASHINGTON, at a Regular Meeting thereof this day of ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk ^ Wthomas McLeod, Mayor , 2024. APPROVED AS TO FORM BYE — Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attor "' Ordinance Number: Exhibit A: Development Agreement 2024 Legislation: Vietnamese Martyrs Parish Sculpture Development Agreement Version 10/21/2024 Staff: B. Miles 56 Page 2 of 2 VIETNAMESE MARTYRS PARISH SCULPTURE DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT ("Agreement") is entered into this day of , 2024 ("Effective Date"), by and between the City of Tukwila ("City"), a Washington municipal corporation, and the Archdiocese of Seattle ("Owner"), a 501(c)(3) non-profit organization, pursuant to the authority of RCW 36.70B.170, et seq. and Chapter 18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived. The City and Owner are referred to collectively as the "Parties" and individually as a "Party." RECITALS WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 18.86 authorize development agreements between the City and persons having ownership or co ► of of real property in order to establish development standards to govern and vest the devel ' ent, use and mitigation of real properties; and WHEREAS, the site of this development is o ' e propert the Vietnamese Martyrs Parish, located in the southern portion the Tukwil. san -nter (T , between South 180th Street and the Green River; and WHEREAS, the proposed developm to 56 feet in height (the "Sculpture"); and WHEREAS, this site lies wide range of distribution, wa with incremental infill by office r the truction of a decorative sculpture up Workplace District, which is comprised of "a strial, 'big box' retail, and furniture outlets, entary commercial uses." WHEREAS, u t e Tukw oning Code, the maximum structure height within the TUC Workplace Di (4 feet; and WHEREAS, the stu . a replica of a banyan tree that is a holy shrine for the Catholic Church in the La Vang regi r ietnam; and WHEREAS, this Sculpture will enhance the aesthetic appeal of the Vietnamese Martyrs Parish, as well as the surrounding neighborhood, and serve as a valuable landmark for visitors to the area. AGREEMENT PURSUANT TO RCW 36.70B.170 through 36.70B.210 and in consideration of, and subject to, the mutual promises, benefits, and obligations set forth herein, the City and Owner enter into the following Development Agreement and agree to be bound by its terms. Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals are true and correct to the best of their knowledge and are incorporated by this reference as though fully set forth herein. Page 1 of 11 57 Section 2. Project Description. This development involves the construction of a Sculpture up to 56 feet in height on the property of the Vietnamese Martyrs Parish, located at 6841 South 180th Street, Tukwila, Washington ("Property"). The Property is located within the TUC and is described in Exhibit A (legal description) and depicted in Exhibit B (site map). Section 3. Statement of Authority and Intent. This Development Agreement is entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended and designed to vest this development to certain terms and conditions. Other than those terms and conditions specifically identified in this Agreement, the City's regulatory codes in effect at the time of a complete building permit application are accepted by the City and shall apply. Section 4. Development Standards; Conditions. 4.1 Effective Period of this Agreement. This Develop ent Agreement shall be valid until July 1, 2025. If Owner has not submitted, and the City has accepted, a complete building permit application and building permits have not been comple e r the development by that date, this Development Agreement shall be void and developmen ay r on the subject site pursuant to the then -adopted development regulations. Owner s comple required inspections for the building permit as required by the City. 4.2 A . . lication of Develo . ment Stan . .. ' CW 36.70B.180(3)(d) and TMC 18.86.030 authorize the establishment of d • stand. by a development agreement. More specifically, TMC 18.86.030 provides that, • - - • e greement may allow development standards different from those otherwise imp • d - Tukwila Municipal Code in order to provide flexibility to achieve public ts, re d to changing community needs, or encourage modifications that provide the ctio equ lent or adequately achieve the purposes of otherwise applicable City st. rds. ereto and during the Effective Period, the provisions of this Section 4 set e deve spment standards that differ from or supplement those standards set fo development regulations. Accordingly, the following development standarovern and vest the development and use of the Project in lieu of any confli . ' or dif nt standards or requirements elsewhere in the Governing Regulations. 4.3 Additional Bu . ing Height. The maximum building height for the Sculpture shall be 56 feet. The remainder of the Property is limited in height by the zoning code in effect at the time of a complete building permit application. This increase in building height is consistent with the goals of the Comprehensive Plan and the City's vision of the TUC. 4.4 Public Benefit. In exchange for the increase in height as outlined in Section 4.3, Owner shall provide the following benefits to the City: 1. When identifying the Sculpture's location, it shall be referred to as being in "Tukwila," the "City of Tukwila," or "Southcenter District." No reference to another city shall be made in referencing the Sculpture's location. 2. Owner shall grant the City a non -revocable license to use the sculpture's image and likeness in any digital, printing, video, or other medium to highlight or promote the City for tourism, economic development, and other marketing purposes. Page 2 of 11 58 Section 5. Major and Minor Amendment — Development Agreement. All proposed amendments to the Development Agreement shall be considered in accordance with this Section 5. 5.1 Process. The Mayor may approve Minor Amendments to the Development Agreement proposed by the City or Owner and mutually agreed to by the Parties. Such approval shall be in writing and the resulting amendment shall be incorporated into this Development Agreement as an amendment. The City Council may approve Major Amendments to the Development Agreement in accordance with the same process for approval of the Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and mutually agreed to by the Parties, shall be incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof. 5.2 Minor Amendment Defined. A proposed ame ' dment to the Development Agreement shall be considered a minor amendment if the prop • amendment does not modify the Governing Regulations or Section 4 (Development Sta . Conditions) hereof, does not materially modify the size or scope of the development, a t modify the Vesting Period or term of this Development Agreement. 5.3 Major Amendment Defined. A Agreement shall be considered a Major Amendm constitute a Minor Amendment. amendment to the Development the proposed amendment does not 5.4 Determination. An application a endment shall be made to the Mayor. The application shall describe the r - d Amendment in sufficient detail such that the Mayor can determine whether not pro ► , al qualifies as a Minor Amendment. If the application does not provide su ent ' the Mayor may request additional information from the Owner or reject the a.ph. . Upon ceipt of sufficient information to determine if the proposal set forth in the . n titutes a Minor Amendment, the Mayor shall determine if the proposal constit a Mino me . ent. In the event that the Mayor determines that the proposed amendmen a Minor endment, the Minor Amendment may be administratively approved by the Mayor. the e t that the Mayor determines that the proposal constitutes a Major Amendment, the 0 11 submit the proposal in accordance with the same process for approval of a Development reement, withdraw its proposed amendment, or modify and re- submit its proposed amendment. The determination of the Mayor shall be a final decision. Section 6. Further Discretionary Actions. Owner acknowledges that the Development Agreement contemplates the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of permit applications under SEP A. Nothing in this Development Agreement shall be construed to limit the authority or the obligation of the City to hold legally required public hearings, or to limit the discretion of the City and any of its officers or officials in complying with or applying Governing Regulations and the development standards and conditions set forth in Section 4 hereof Section 7. Existing Land Use Fees and Impact Fees. Generally applicable land use fees and impact fees adopted by the City by resolution or ordinance as of the effective date of this Page 3 of 11 59 Development Agreement may be increased by the City from time to time, and the new fees applied to subsequent permits and approvals for the Property. Section 8. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 9. Termination. This Development Agreement shall expire and/or terminate on the earlier of the termination/expiration provisions set forth as follows: 9.1 This Development Agreement shall terminate upon the expiration of the Effective Period identified in Section 4 hereof. 9.2 Upon termination of this Development Agreeme such termination in a form satisfactory to the City Attorney t been terminated. Section 10. Assi ' nment and Assum s tion or transfer this Development Agreement with all it firm or corporation at any time during the term of thi Owner may sell, assign, or transfer this D interests therein to any firm or corporation provide the City with written notice of any in Subject Property, at least 30 days in ce Section 11. Covena covenants set forth in this Deve run with the land and th Owner, and every pu thereof, shall be obli and shall be the benefi such portion thereof, sold, shall observe and fully per e City shall record a notice of e Development Agreement has er shall not a the right to sell, assign and interests therein to any person, opment Agreement provided that the Bement with all its rights, title, and s a majority interest. Owner shall ign, or transfer all or a portion of the the Land• Recordin The conditions and Agr -nt and incorporated herein by the Exhibits shall burdens shall bind and inure to the benefit of the Parties. ransferee of an interest in the Property, or any portion by t e terms and conditions of this Development Agreement, nd a party thereto, but only with respect to the Property, or or transferred to it. Any such purchaser, assignee or transferee all of the duties and obligations of a Owner contained in this Development Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. Section 12. Amendment to Agreement; Effect of Agreement on Future Actions. This Development Agreement may be amended by mutual consent of all of the Parties, provided that any such amendment shall follow the process established for Major and Minor Amendments as set forth in this Development Agreement. Section 13. Releases. Owner, and any subsequent owner, may be released from further obligations relating to the sold, assigned, or transferred portion of the Property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Development Agreement as provided herein. Page 4 of 11 60 Section 14. No Third -Party Beneficiary. This Development Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Development Agreement. Section 15. Interpretation. The Parties intend this Development Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170, et seq., and this Development Agreement shall be construed to exclude from its scope and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Development Agreement. Section 16. Notices. All communications, notices, an under this Development Agreement requires or desires to giv and either (i) emailed, (ii) delivered personally, (iii) s additional copy mailed first class, or (iv) deposited in t return receipt requested, and addressed as follows: y .S. mai 1, c mands of any kind that a Party other Party shall be in writing imile transmission with an ied mail postage prepaid, City of Tukwila: - d iocese of Seattle Attention: Mayor's Office City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 [INSERT email address] And to its Attorney: Attention: Kari San Ogden Murphy Walla 701 Fifth Avenue, Suite Seattle, WA 98104-7045 ksand@omwlaw.com [INSERT] And to its Attorney: [INSERT — if applicable] The Parties may, from time -to -time, notify each other in writing of changes in the names and addresses of persons to receive notices and communications and such changes shall become effective upon receipt by the non -notifying Party. Notices shall be deemed received within three days after being placed in the United States Mail, properly addressed and postage prepaid, or upon personal delivery. Section 17. Excusable Delay (Force Majeure). In addition to specific provisions of this Development Agreement, and notwithstanding anything to the contrary in this Development Agreement, neither Party shall be in default in the performance or the failure of performance of its obligations under this Development Agreement, or in the delay of its performance, where such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances, one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes, fires, Page 5 of 11 61 quarantine restrictions, freight embargoes, lack of transportation, court order, delays or failures of performance by any governmental authority or utility company (so long as the Party seeking the extension has adequately complied with the applicable processing requirements of such governmental authority or utility company), delays resulting from changes in any applicable laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any governing body with jurisdiction, delays resulting from the weather or soils conditions which necessitate delay, delays resulting from litigation (including suits filed by third parties concerning or arising out of this Development Agreement) or any other cause (lack of funds of Owner, Owner's inability to finance the construction of the development, and Owner's inability to lease the Improvements, are not causes beyond the reasonable control or without the fault of Owner) beyond the reasonable control or without the fault of the Party claiming an extension of time to perform or an inability of performance. The extension of time for any cause shall be from the time of the event that gave rise to such period of delay until the date that the cause for the extension no longer exists or is no longer applicable, in each case as evidenced by a notice from the Pa ' claiming the extension. An extension of time for the duration of such event will be dee ► granted if notice by the Party claiming such extension is sent to the other as to any of the a ► ' uses other than Permit Delays, within 10 days from the commencement of the cause and , ext on of time is not rejected in writing by the other Party within 10 days of receipt oft- otice (such -nsion of time is referred to herein as "Force Majeure"). Times for perform. - und. this Dev- opment Agreement may also be extended in writing by the City and Owner 1 c ► . nce with Section 11 herein. Section 18. Indemnification. Ex this Development Agreement and any Exhibi and hold harmless the other Party an. -ir of and against any and all claims, ac ' s, ts, li nature whatsoever, which are c. -d by , result own officers, agents, and em Agreement. In the event t against a Party, the Pa the other Party at the against the other Pa specifically provided elsewhere in rty shall protect, defend, indemnify agen , and employees, or any of them, from lity, loss, costs, expenses, and damages of any m any negligent act or omission of the Party's ing services pursuant to this Development ased upon such a claim, action, loss, or damage is brought action or omissions gave rise to the claim shall defend rty sole cost and expense; and if final judgment be rendered ers, agents, and employees or jointly the Parties and their respective officers, agent , d - . oyees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same; . ided that, in the event of concurrent negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. Section 19. Applicable Law and Attorneys' Fees. This Development Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs from the non -prevailing Party. Venue for any action shall lie in King County Superior Court or the U.S. District Court for Western Washington. Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party, or successor or assign of Owner, to challenge this Development Agreement or any provision herein, the City may elect to Page 6 of 11 62 tender the defense of such lawsuit or individual claims in the lawsuit to Owner and/or successor(s) or assign(s). In such event, Owner and/or such successor(s) or assign(s) shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including, but not limited to, attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties in such litigation. The Owner and/or such successor(s) or assign(s) shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 21. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Development Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering int is Development Agreement, that Party may elect to terminate this Development Agreement all of its obligations remaining unperformed. Section 22. Authority. Each Party respecti power and authority, and is duly authorized, to e terms and conditions herein stated, and to deli Development Agreement. represent warrants that it has the s Develo ment Agreement on the perform its obligations under this aed. Each Exhibit attached hereto or Section 23. Exhibits and Appendic • s referenced is incorporated herein by i refer Section 24. Headin reference only and shall not be conditions of this Develo Section 25. Agreement and of e Agreement, the reference weekend or legal holiday i s if ly set forth herein. his Development Agreement are inserted for and, limit or otherwise modify the terms and ence. Time is of the essence of this Development hereof. Unless otherwise set forth in this Development shall mean calendar days. If any time for action occurs on a State of Washington, then the time period shall be extended automatically to the next business day. Section 26. Entire Agreement. This Development Agreement represents the entire agreement of the parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Development Agreement supersedes all previous agreements, oral or written. [SIGNATURE BLOCKS FOLLOW ON NEXT PAGE] Page 7 of 11 63 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. ARCHDIOCESE OF SEATTLE By: Its: Date: CITY OF TUKWILA By: Thomas McLeod Mayor Date: Attest: un, City Clerk D AS TO FORM: Kari Sand, City Attorney 64 Page 8 of 11 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of the ARCHDIOCESE OF SEATTLE, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: STATE OF WASHINGTON COUNTY OF KING I certify that I know or have sat' before me, and said perso authorized to execute TUKWILA, to be th the instrument. DATED: Printed: NOTARY PUBLIC in a - • r Washington Residing at: My appointment - . Tres: at Thomas McLeod is the person who appeared ed that he signed this instrument, on oath stated that he was d acknowledged it as the Mayor of the CITY OF tary . ct of such party for the uses and purposes mentioned in Printed: NOTARY PUBLIC in and for Washington Residing at: My appointment expires: Page 9 of 11 65 66 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PORTION OF SW QTR NW QTR STR 36-23-04 DAF: BEGINNING AT NW CORNER OF SEC 36 TH S01-19-01W ALONG W LINE THEREOF 1355.89 FT TH ELY ALONG CURVE TO LEFT CENTER OF WHICH BEARS NO2-45-45E HAVING RADIUS OF 336.00 FT ARC DISTANCE OF 9.00 FT TO S LINE OF N 36 FT OF GOVT LOT 4 IN SAID SEC 36 TH S88- 46-19E ALONG SAID S LINE 372.61 FT TH S01-13-41W 305.00 FT TH N88-46-19W 50.00 FT TO TPOB TH S88-46-41E ALONG LINE 100 FT SOUTH OF & PARALLEL TO S LINE OF PARCEL LEASED TO SPERRY LAND CORP AS SURVEYED & MONUMENTED ON THE GROUND IN 1968 DISTANCE OF 420.58 FT MORE OR LESS TO TOP OF LEFT BANK OF GREEN RIVER TH ALONG SAID TOP OF LEFT BANK THE FOLLOWING COURSES & DISTANCES: S07-00E 115 FT S01-06W 104 FT S09-12W 106 T S26-49W 102 FT S47-21W 103 FT S60-15W 40 FT S74-35W 60 FT WEST 106 FT N67-30 07 FT N26-19W 104 FT N20- 22W 103 FT N21-54W 105 FT N32-38W 116 FT N44-04W MORE OR LESS TO POINT FROM WHICH TPOB BEARS N69-38-41E TH LEAV SA OP OF LEFT BANK N69- 38-41E 225 FT MORE OR LESS TO TPOB POR TA ‹e'' Page 10 of 11 67 EXHIBIT B DEPICTION OF THE PROPERTY 11'f 1'111111111 Rct ' I P BRODERICK ARCHITECTS 55 5. ATLANTIC STREET, SUM MI SEATTLE, WASHINGTON 95134 205.58.2.3933 CHURCH OFTHEVIETNAMESE MARTYRS OUR LADY OF LAVANG SHRINE 1,1341 S. 1 34:1TH STREET • TUKW ILA. WA 991 t319 Page 11 of 11 68