HomeMy WebLinkAboutReg 2024-11-04 Item 6A / 7A - Public Hearing - Ordinance on Development Agreements with Archdiocese of Seattle for Vietnamese Martyrs Parish SculptureCOUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Prepared by
Mayor's review
Council review
11/4/24
BWM
ITEM INFORMATION
ITEM No.
6.A.
7.A.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 11/4/24
AGENDA ITEM TITLE Authorize the Mayor to Execute a Development Agreement with the Archdiocese of
Seattle for property located at 6841 South 180th Street.
CATEGORY ® Discussion
Mt Date 11/4/24
® Motion
Mtg Date 11/4/24
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 11/4/24
❑ Other
Altg Date
SPONSOR ❑ Council ® Mayor ❑ Adnin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ PeE'R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Review of a development agreement for the Vietnamese Martyr's Church, located at 6841
South 180th Street to install a sculpture that exceeds the height standard in the underlying
zoning.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ® Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: OCTOBER 28, 2024
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Approve, forward to consent.
COMMITTEE Unanimous approval, forward to Regular Mtg.
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$N/A
AMOUNT BUDGETED
$N/A
APPROPRIATION REQUIRED
$N/A
Fund Source: N/A
Comments: N/A
MTG. DATE RECORD OF COUNCIL ACTION
11/4/24
MTG. DATE
ATTACHMENTS
11/4/24
Informational Memoradum, dated October 21, 2024.
Draft Ordinance, with development agreement (revised after Committee)
Minutes from the 10/28 Finance & Governance Committee meeting
143
144
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.
145
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.
146
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 2 147
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
148
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 control of real property in order to
establish development standards to govern and vest the development, use and mitigation of real
properties; and
WHEREAS, the site of this development is on the property of the Vietnamese Martyrs
Parish, located in the southern portion the Tukwila Urban Center (TUC), between South 180th
Street and the Green River; and
WHEREAS, the proposed development is for the construction of a decorative sculpture up
to 56 feet in height (the "Sculpture"); and
WHEREAS, this site lies within the TUC Workplace District, which is comprised of "a
wide range of distribution, warehousing, light industrial, 'big box' retail, and furniture outlets,
with incremental infill by office and other complementary commercial uses."
WHEREAS, under the Tukwila Zoning Code, the maximum structure height within the
TUC Workplace District is forty-five (45) feet; and
WHEREAS, the Sculpture is a replica of a banyan tree that is a holy shrine for the Catholic
Church in the La Vang region of Vietnam; 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.
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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 a complete buildi . ermit application and building
permits have not been completed for the development by tha -, this Development Agreement
shall be void and development may occur on the sub" sitrsuant to the then -adopted
development regulations. Owner shall complete all req inspect!, for the building permit as
required by the City.
Ao
4.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC
18.86.030 authorize the establishment of desig ..standards by a development agreement. More
specifically, TMC 18.86.030 provides that, # developmeSgreement may allow development
standards different from those otherwise impsed under the Tukwila Municipal Code in order to
provide flexibility to achieve public be its, respond to changing community needs, or encourage
modifications that provide the functional equivalent or adequately achieve the purposes of
otherwise applicable City standards. Pursuant thereto and during the Effective Period, the
provisions of this Section 4 set forth the development standards that differ from or supplement
those standards set fo
development standar
in lieu of any confli
Regulations.
n the Ci development regulations. Accordingly, the following
all appl oalagovern and vest the development and use of the Project
or dif -nt standards or requirements elsewhere in the Governing
4.3 Additional Bu . mg 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.
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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• i 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, 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 or a Minorpmendment shall be made to the Mayor.
The application shall describe the d Minor Amendment in sufficient detail such that the
Mayor can determine whether not proposal qualifies as a Minor Amendment. If the
application does not provide su ent ' n, the Mayor may request additional information
from the Owner or reject the a ph . Upoiceipt of sufficient information to determine if the
proposal set forth in then titutes a Minor Amendment, the Mayor shall determine if
the proposal constitutes a Minor., 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 all 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. This Section Intentionally Deleted
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
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.
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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 Agreement, the City shall record a notice of
such termination in a form satisfactory to the City Attorney that the Development Agreement has
been terminated.
Section 10. Assignment and Assumption. Owner shall not have the right to sell, assign
or transfer this Development Agreement with all its rights, title and interests therein to any person,
firm or corporation at any time during the term of this Development Agreement provided that the
Owner may sell, assign, or transfer this Development Agreeme t with all its rights, title, and
interests therein to any firm or corporation in which Owner ha ajority interest. Owner shall
provide the City with written notice of any intent to sell, ass' ' 'r transfer all or a portion of the
Subject Property, at least 30 days in advance of such actio
Section 11. Covenants Runnin ' With ' . The conditions and
covenants set forth in this Development Agreemen . d in • ' orated herein by the Exhibits shall
run with the land and the benefits and burdens shall , . nd inure to the benefit of the Parties.
Owner, and every purchaser, assignee or transfe of a ' terest in the Property, or any portion
thereof, shall be obligated and bound by the t s and conditi s of this Development Agreement,
and shall be the beneficiary thereof and a pa thereto, but only with respect to the Property, or
such portion thereof, sold, assigned ferred to it. Any such purchaser, assignee or transferee
shall observe and fully perform oft duti nd obligations of a Owner contained in this
Development Agreement, as s . utie • ons pertain to the portion of the Property sold,
assigned or transferred to it.
Section 12.
This Development A
that any such amendme
as set forth in this Develop
t and• Reco
reement• Effect of A ' reement on Future Actions.
e amended by mutual consent of all of the Parties, provided
the process established for Major and Minor Amendments
greement.
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.
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
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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, and demands of any kind that a Party
under this Development Agreement requires or desires to give to any other Party shall be in writing
and either (i) emailed, (ii) delivered personally, (iii) sent by facsimile transmission with an
additional copy mailed first class, or (iv) deposited in the U.S. mail, certified mail postage prepaid,
return receipt requested, and addressed as follows:
City of Tukwila: Archdiocese of Seattle
Attention: Mayor's Office
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Mayor@Tukwilawa.gov
And to its Attorney:
Attention: Kari Sand
Ogden Murphy Wallace, P.L.L.C.
701 Fifth Avenue, Suite 5600
Seattle, WA 98104-7045
ksand@omwlaw.com
Attention Property and Cons ction
Archdiocese of Seattle
710 9th Ave.
Seattle, WA 98104
And to its At-Milney:
William J. Crowl'
Crowley Lpffices, S.
600 tin' ersi uit-P 708
Seattle, ' . 0
lawoffices.com
The Parties may, from time -to me, no ify 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 Stag Mail, properly addressed and postage prepaid, or upon
personal delivery.
Section 17. Excu 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,
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,
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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 Party claiming the extension. An
extension of time for the duration of such event will be deemed granted if notice by the Party
claiming such extension is sent to the other as to any of the above causes other than Permit Delays,
within 10 days from the commencement of the cause and such extension of time is not rejected in
writing by the other Party within 10 days of receipt of the notice (such extension of time is referred
to herein as "Force Majeure"). Times for performance under this Development Agreement may
also be extended in writing by the City and Owner in accordance with Section 11 herein.
Section 18. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any Exhibits hereto, each Party - .11 protect, defend, indemnify
and hold harmless the other Party and their officers, agents, an ployees, or any of them, from
and against any and all claims, actions, suits, liability, loss, -xpenses, and damages of any
nature whatsoever, which are caused by or result from an -glige . t or omission of the Party's
own officers, agents, and employees in performin - rvices pu t to this Development
Agreement. In the event that any suit based upon s a cla action, • ss, or damage is brought
against a Party, the Party whose negligent action or . s s gave rise to the claim shall defend
the other Party at the indemnifying Party's sole cost an.. ' ense; and if final judgment be rendered
against the other Party and its officers, agentd emees or jointly the Parties and their
respective officers, agents, and employees, tharties e ctions or omissions gave rise to the
claim shall satisfy the same; provide
indemnify and hold the other Pa
indemnification to the City her
members of the general public.
Section 19.
be construed and en
initiated to enforce the
to recover its reasonable
action shall lie in King Coun
t, in the e'nt oftoncurrent negligence, each Party shall
less oily to the extent of that Party's negligence. The
be fol the benefit of the City as an entity, and not for
ica a d Attorneys' Fees. This Development Agreement shall
ith the laws of the State of Washington. If litigation is
evelopment Agreement, the prevailing Party shall be entitled
fees and costs from the non -prevailing Party. Venue for any
perior 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
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.
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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 into this Development Agreement,
that Party may elect to terminate this Development Agreement as to all of its obligations remaining
unperformed.
Section 22. Authority. Each Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Development Agreement on the
terms and conditions herein stated, and to deliver and perform its obligations under this
Development Agreement.
4
Section 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or
referenced is incorporated herein by such reference as if fullset forth herein.
Section 24. Headings. The headings in thi velopmen eement are inserted for
reference only and shall not be construed to exp , limiter otherwi e modify the terms and
conditions of this Development Agreement.
Section 25. Time of the Essen Time is the essence of this Development
Agreement and of every provision hereof. nless 'fie ise set forth in this Development
Agreement, the reference to "days" s ' mea calendar days. If any time for action occurs on a
weekend or legal holiday in the ' . e Was l gton, then the time period shall be extended
automatically to the next busin
Section 26. Entire A ' re ent. This Development Agreement represents the entire
agreement of the parti ith respect o the subject matter hereof. There are no other agreements,
oral or written, exce s expressly set frth herein and this Development Agreement supersedes
all previous agreement al or written.
[SIGNATURE BLOCKS FOLLOW ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
set forth above.
ARCHDIOCESE OF SEATTLE CITY OF TUKWILA
By: By:
Its: Thomas McLeod
Date: Mayor
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Page 8 of 11
Date:
Attest:
Andy Youn, City Clerk
APPROVED AS TO FORM:
{KZS4868-4765-8736;2/13175.000001/}
156
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:
Printed:
NOTARY PUBLIC in a
Residing at:
My appointment
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that Thomas McLeod is the person who appeared
before me, and said person acknowled ed that he signed this instrument, on oath stated that he was
authorized to execute ,the instrume d acknowledged it as the Mayor of the CITY OF
TUKWILA, to be th ee and votary ct of such party for the uses and purposes mentioned in
the instrument.
DATED:
Printed:
NOTARY PUBLIC in and for Washington
Residing at:
My appointment expires:
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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''
158
Page 10 of 11
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
159
160
City of Tukwila
City Council Finance & Governance Committee
Meeting Minutes
October28, 2024 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: De'Sean Quinn, Chair; Tosh Sharp, Jovita McConnell
Staff Present:
I. BUSINESS AGENDA
Brandon Miles, Aaron BeMiller, Marty Wine
A. Lease Agreement: Sound Cities Association
Councilmember Quinn announced he would recuse himself from this item due to his status
as SCA Board member.
Staff is seeking approval of a lease agreement with Sound Cities Association to continue use
of office space in the 6300 Building through 2026 in the total amount of $57,684.00.
Committee Recommendation
Majority approval. Forward to November 4, 2024 Regular Meeting.
B. Lodging Tax Application: 2025-2026 Seawolves Partnership
The Lodging Tax Advisory Committee has recommended funding the City of Tukwila's request
for $180,000 to continue the Seattle Seawolves Partnership through 2026.
Committee Recommendation
Unanimous approval. Forward to November 4, 2024 Regular Consent Agenda.
C. Development Agreement: Vietnamese Martyrs Parish
Staff is seeking Council approval of a Development Agreement with the Vietnamese Martyrs
*
Church to allow installation of a sculpture exceeding the zoning height standard.
Committee Recommendation
Unanimous approval. Forward to November 4, 2024 Regular Meeting for Public Hearing.
MISCELLANEOUS
The meeting adjourned at 5:54 p.m.
Committee Chair Approval
161