HomeMy WebLinkAboutOrd 2752 - Fourth Amendment of Tukwila South Development Agreement with Segale Properties (6-Month Extension)IL
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXTENDING THE TERM OF A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TUKWILA AND SEGALE PROPERTIES LLC AND ITS
SUCCESSORS FOR THE TUKWILA SOUTH
DEVELOPMENT FOR SIX MONTHS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and Segale Properties LLC and its successors owns or controls approximately 503
of those acres, which is known as the "Tukwila South Property;" and
WHEREAS, on June 8, 2009, the City of Tukwila passed Ordinance No. 2233, which
adopted the Development Agreement by and between the City of Tukwila and Segale
Properties LLC (formerly known as La Pianta LLC) (the "Original Agreement") regarding the
Tukwila South project; and
WHEREAS, the Original Agreement was revised five times, with the First and Third
Amendments recorded at King County recording nos. 20100726001101 and
20140624000980, and two Addenda recorded at King County recording nos.
20130228000691, and 20130228000692, and the Second Amendment, dated November
20, 2012, which remains unrecorded; and
WHEREAS, MAS TUKWILA LLC, a Washington limited liability company ("Mas
Tukwila"), LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT
Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H
Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation
("Continental Mills") (collectively, "Successors") have each acquired certain parcels subject
to the Original Agreement; and
WHEREAS, the City of Tukwila owns real property operated as Fire Station 51, located
at 17951 Southcenter Parkway, Tukwila, Washington 98188 (King County parcel nos.
3523049008 & 3523049040 (shown as vacant)) within the Tukwila South project area, which
2024 Legislation: Extending Tukwila South Development Agreement
Version: 11/18/2024
Staff: N. Gierloff; D. Speck
Page 1 of 3
Segale Properties dedicated to the City pursuant to a Fire Facilities Agreement (Contract
No. 14-065); and
WHEREAS, under Section 5.2.3 of the Development Agreement, the Tukwila South
Project's vesting of development regulations applies for fifteen (15) years from the effective
date of the annexation of the Tukwila South Property to the City of the Tukwila (the "Term"
of the Development Agreement); and
WHEREAS, the effective date of the annexation of the Tukwila South Property to the
City of Tukwila was June 20, 2009, such that the Term of the Original Agreement, as revised,
expires on December 22, 2024; and
WHEREAS, the City of Tukwila, Segale Properties LLC, and its successors have
agreed to a six-month extension of the Term of the Original Agreement, as revised, which
extension also applies to Section 5.2.3 of the Original Agreement, Scope of Vesting; and
WHEREAS, pursuant to RCW 36.70B.200 and TMC 18.86.050, a public hearing was
held for this ordinance on December 9, 2024;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Extension of Development Agreement Term. The Term of the
Development Agreement between the City of Tukwila, Segale Properties LLC, and its
successors, as approved by Ordinance 2233 and as subsequently revised, shall be
extended by six (6) months, making the new expiration date of the Development
Agreement June 23, 2025, as set forth in the attached "Fourth Amendment to
Development Agreement for the Tukwila South Development," a copy of which is attached
hereto as "Exhibit A" and by this reference fully incorporated herein.
Section 2. Corrections by City Clerk or Code Reviser Authorized. Upon approval
of the City Attorney, the City Clerk, and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this I day of December 2024.
2024 Legislation: Extending Tukwila South Development Agreement
Version: 11/18/2024
Staff: N. Gierloff; D. Speck
Page 2 of 3
ATTEST/AUTHENTICATED:
Andy Youn-Barneti,-CMC, City Clerk
APPROVED AS TO FORM BY:
(2
Office of the City Attorney
(Thomas McLeod, Mayor
Filed with the City Clerk: 1 '2.- 10 2o7-14
Passed by the City Council: 2-I 2.452,4
Published: 12 - tt 202.4
Effective Date: 1 2.-Z 2. 0 2.4
Ordinance Number:
Attachment: Exhibit A - Fourth Amendment to Development Agreement
2024 Legislation: Extending Tukwila South Development Agreement
Version: 11/18/2024
Staff: N. Gierloff; D. Speck
Page 3 of 3
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2752.
On December 16, 2024, the City Council of the City of Tukwila, Washington, adopted
the following ordinance, the main points of which are summarized by title as follows:
ORDINANCE 2752: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, EXTENDING THE TERM OF A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA AND SEGALE PROPERTIES LLC
AND ITS SUCCESSORS FOR THE TUKWILA SOUTH DEVELOPMENT FOR SIX
MONTHS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of these ordinances will be provided upon request.
Andy Youn, Records Governance Manager/City Clerk
Published Seattle Times: December 18, 2024
When Recorded Return to:
Nancy Bainbridge Rogers
Cairncross & Hempelmann, P.S.
524 Second Avenue, Suite 500
Seattle, WA 98104-2323
FOURTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE
TUKWILA SOUTH DEVELOPMENT
Reference Number(s) of Documents assigned or released: 20100726001100;
20100726001101; 20130228000691; 20130228000692; and 20140624000980
Grantor:
SEGALE PROPERTIES LLC, a Washington limited liability company
MAS TUKWILA LLC, a Washington limited liability company
LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited
partnership
H&H ANDOVER PARK, LLC, a Washington limited liability company
CONTINENTAL MILLS, INC., a Washington for profit corporation
Grantee: CITY OF TUKWILA, a non -charter, optional code Washington municipal
corporation
Abbreviated
Legal:
N/A
Tax Parcel Nos.: 870021-0050; 870021-0040; 870021-0030; 870021-0020; 870021-00I0;
870021-0100; 870021-0090; 870021-0080; 870021-0110; 870021-0120;
870021-0130; 032204-9062; 870040-0200; 870040-0210; 870040-0220;
870040-0230; 870040-0240; 870040-0250; 870040-0260; 870040-0270;
870040-0180; 870040-0190; 870040-0040; 870040-0050; 870040-0060;
870040-0070; 870040-0082; 870040-0090; 870040-0100; 870040-0110;
870040-0120; 870040-0130; 870040-0140; 870040-0150; 870040-0160;
870040-0170; 870040-0010; 870040-0020; 870040-0030; 352304-9109
1
FOURTH AMENDMENT TO
DEVELOPMENT AGREEMENT FOR THE
TUKWILA SOUTH DEVELOPMENT
THIS FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (the
"Fourth Amendment") is made and entered into this day of December, 2024, by and
between the CITY OF TUKWILA, a non -charter, optional code Washington municipal
corporation ("City"), SEGALE PROPERTIES LLC, a Washington limited liability company
("Segale"), MAS TUKWILA LLC, a Washington limited liability company ("Mas Tukwila"),
LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited partnership ("LIT
Industrial"), H&H ANDOVER PARK, LLC, a Washington limited liability company ("H&H
Andover Park") and CONTINENTAL MILLS, INC., a Washington for profit corporation
("Continental Mills") (together, the "Parties").
I. RECITALS
WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta LLC)
entered a Development Agreement (the "Original Agreement") regarding the Tukwila South
project, then comprising approximately 512 acres of real property, and recorded the Original
Agreement at King County recording no. 20100726001100, and the Original Agreement was
revised five times, with the First and Third Amendments recorded at King County recording nos.
20100726001101 and 20140624000980, and two Addenda recorded at King County recording
nos. 20130228000691 and 20130228000692, and the Second Amendment, dated November 20,
2012, which remains unrecorded.
WHEREAS, Mas Tukwila, LIT Industrial, H&H Andover Park, and Continental ills
have each acquired certain parcels subject to the Original Agreement.
WHEREAS, the Original Agreement, as revised, is set to expire on December 22, 2024,
and all Parties wish to enter a six-month extension.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and the
long-term benefit to the Parties, the Parties hereby agree as follows:
II. AGREEMENT
1. The first sentence of Section 9.13 of the Original Agreement is hereby amended
to read: "The Term of this Agreement is extended to June 23, 2025." The Parties agree the June
23, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting.
[signature pages to follow]
2
CITY OF TUKWILA,
a Washington municipal corporation
By:
Name: Thomas McLeod
Its: Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
STATE OF VVASHINGTON
ss.
COUNTY OF KING
On this day personally appeared before me , to me known to
be the mayor of CITY OF TUKWILA, a Washington municipal corporation that
executed the within and foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said Washington municipal corporation for the
uses and purposes therein mentioned, and on oath stated that is authorized to
execute said instrument.
2024.
GIVEN under my hand and official seal this day of
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
3
SEGALE PROPERTIES LLC,
a Washington limited liability company
By: Metro Land Development', Inc.
Its: Manager
y:
Name: Mark A. Seg le
Its: President
Date:
STATE OF WASHINGTON )
COUNTY OF KING
SS.
On this day personally appeared before me Mark A. Segale, to me known to be the
person who signed as President of Metro Land Development, Inc., the manager of SEGALE
PROPERTIES LLC, a Washington limited liability company, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said limited liability company, for the uses and purposes therein mentioned, and on oath
stated that said individual is authorized to execute said instrument.
GIVEN under my hand and official seal this
BR ITANY MICHELLE WAXMAN
Notary Public
State of Washington
Commission # 23010404
My Comm. Expires Apr 26, 2027
day of NIOTerm€,{ ,2024.
9 rrt
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at 5 4.449
My commission expires L0267/20.27-
4
MAS T
a W
By:
Brett Jaco en
Manager
Date:
KWILA LLC,
ngton limited liability company
t/i)) 4C-1), ZOZ,
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
On this day personally appeared before me BRETT JACOBSEN, to me. known to be a
manager of the MAS TUKWILA Limited Liability Company, the limited liability company that
executed the within and foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said limited liability company, for the uses and purposes
therein mentioned, and on oath stated that said individual is authorized to execute said
instrument.
GIVEN under my hand and official seal this /-
Angela Ireano
Notary Public
State of Washington
My Appointment Expires Bat/2027
Commission Number 23026425
4
,41 day of
of
2024.
(Print name ofnotary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires )3 • 7 k.
5
LIT INDUSTRIAL LIMITED PARTNERSHIP,
a Delaware limited partnership
By: LIT Holdings GP, LLC,
a Delaware limited liability company
Its: General Partner
D.(16-oli Conk
Bylpayton onklin (Nov 22,2024 06,58 PST)
Name:Dayton Conklin
Its: SVP
Date: 22-Nov-2074
STATE OF -1-Qxoje, )
ss.
COUNTY OF 1\0S) )
On this day personally appeared before me L\ .Dni,,\ pin me known to be a
COACe- &-StOf LIT Holdings GP, LLC, a Dela are limited liability company, the
general partner of LIT INDUSTRIAL LIMITED PARTNERSHIP, a Delaware limited
partnership that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said limited partnership, for the uses and
purposes therein mentioned, and on oath stated that said individual is authorized to execute said
instrument.
GIVEN under my hand and official seal this
P,R1TTANY MCCARTHY
1,:olary Pub!ic, State of Texas
411.= Comm. Expires 10-07-2028
Notary ID 135120198
day of 'De sts4 2024.
131-, i}}-a. ( II Cr
(Print name f notary) ci
NOTARY PUBLIC in and for the State of
TwzGash•ing4ea, residing at De-O\
My commission expires'QLOQ
6
H&H ANDOVER PARK, LLC,
a Washington limited liability company
By:
Peter F ollomon
Director
Date:
7--o2-cf
STATE OF WASHINGTON )
ss.
COLTNTY OF KING
On this day personally appeared before me PETER HOLLOMON, to me known to be a
member of the H&H ANDOVER PARK Limited Liability Company, the limited liability
company that executed the within and foregoing instrument, and acknowledged the said
instrument to be the free and voluntaiy act and deed of said limited liability company, for the
uses and purposes therein mentioned, and on oath stated that said individual is authorized to
execute said instrument.
GIVEN under my hand and official seal this
/41
day of
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at i3e14:01/0"te
My commission expires
7
CONTINENTAL MILLS, INC.,
a Washington for profit corporation
By:
Robert Dilworth
CFO
STATE OF WASHINGTON )
COUNTY OF KING
ss.
On this day personally appeared before me ROBERT DILWORTH., to me known
to be CFO of CONTINENTAL MILLS, INC., the corporation that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that ht, is authorized to execute said instrument and that the seal affixed, ifany, is
the corporate seal of said corporation.
GIVEN under my hand and official seal this ) day of PettwiloCir 201+ ,
2024.
ASHLEY SUSANNA NYAL HENDERSON
Notary Public
State of Washington
Commission # 20103646
My Comm. Expires Feb 25, 2028
(Print name of notary)
NOTARY PUBLIC in and for the State
Washington, residing at V-04- Wk.
My commission expires ILIL4