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HomeMy WebLinkAbout2025 - Development Agreement - Archdiocese of Seattle / City of Tukwila - 20250328000359Instrument Number: 20250328000359 Document:AG Rec: 5317.50 Page -1 of 15 Record Date:3/28/2025 10:55 AM Electronically Recorded King County, WA Return Address: City of Tukwila - City Clerk 6200 Southcenter Boulevard Tukwila, WA 98122 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. Development Agreement 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #/'s on page of document Grantor(s) Exactly as name(s) appear on document 1. City of Tukwila > 2. Additional names on page of document. Grantee(S) Exactly as name(s) appear on document 1. Archdiocese of Seattle 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PORTION OF SW OTR NW OTR STR 36-23-04 DAR BEGINNING AT NW CORNER OF SEC 36 T1I SOI -19-01 W Additional legal is on page 10 of document. Assessor's Property Tag Parcel/Account Number Assessor Tax ## not yet assigned 3623049087 The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin/formatting requirements Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -2 of 15 Record Date:3/28/2025 10:55 AM King County, WA VIETNAMESE MARTYRS PARISIf SCULPTURE DEVELOPMENT AGREEMENT This DEVELOPMENT AGREEMENT (-*Agreement") is entered into this _G� (lay of AQVg n 1094 ("Effective Date"), by and between the City orTLikwila ("City"), a Washington municipal corporation, and the Archdiocese of Seattle ("Owner-), a 501(c)(3) non-profit organization, pLirSLIant to the authority of RCW 36.70B. 170, et seq. and Chapter 18.86 of tile 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." WHEREAS, RCW 36.7013.170, et seq. and TrVIC Ch. 18.86 authorize development agreement,; between the City and persons having ownership or control of real property in order to establish development standards to govern and vest the development, LISe and mitigation of real properties; and WHEREAS, the site of this development is on the property of the Vietnamese N/lartyrs Parish, located in the southern portion the Tukwila Urban Center (TUC), between South I 80th Street and the Green River: and WHEREAS, the proposed development is for the construction of a decorative sculpture lip 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 Zonino, Code. the InaXiMLIM structure height within the Cp 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. Lulasuff/tIM11111 PURSUANT TO RCW 36.7013.170 through 36.7013,210 and in consideration of and C� 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, The Parties agree that the foregoing recitals are 0 true and correct to the best of their knowledge and are incorporated by this reference as thOLI-11 fully set forth herein. Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -3 of 15 Record Date:3/28/2025 10:55 AM King County, WA Section 2. Project Deserij)tion. This development involve,,; the construction of a Sculpture tip 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 TLIC and is described in Exhibit A (legal description) and depicted in Exhibit B (site map). Section 3. Statement of AuthoritV and Intent. This Development Agreement is entered into pursuant to the authorization of RCW�3670B170 and TivIC 18.86 and is intended and designed to vest this development to certain terms and conditions. Other than those terms and 4-- 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. 4.1 Effective Period of this Agreement. This Development Agreement shall be valid until Jul 1, 2025. If Owner has not Submitted a complete building permit application and building July n permits have not been completed for the development by that date, this Development Agreement shall be void and development nlay OCCLIF on the subject site pursuant to the then -adopted development regulations. Owner shall complete all required inspections for the building permit as required by the City. 4_ A22lication_of Develoknient Standards. RCW 36.70B.180(3)(d.) and TMC 18.86.030 authorize the establishment of desityn standards by a development agreement. More specifically, TMC 18.86.030 provides that, a development agreement may allow development standards different from those otherwise imposed under the Tukwila Municipal Code in order to provide flexibility to achieve public benefits, respond to changing community needs, or encourage modifications that provide the Functional equivalent or adequately achieve the purpose,, 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 forth in the City's development regulations. Accordingly, the following development standards shall apply to and govern and vest the development and use of the Project in lieu of any conflicting or different standards or requirements elsewhere in the Governing Regulations. Additional 131.111chilgLIjei.ght. The maximum building g height for the Sculpture shall M 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 Soutlicenter District." No reference to another city shall be made in referencino, the Sculpture's location. L- 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 n In highlight or promote the City for tourism, economic development, and other marketing purposes. Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -4 of 15 Record Date:3/28/2025 10:55 AM King County, WA Section 5. 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 1111.1tUally agreed to by the Parties. Such approval shall be in writinc, 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 tile Development Agreement. A Major Amendment to the Development Agreement approved by the City Council, and 111LItUally agreed to by the Parties, shall be incorporated into this Development Agreement as ail amendment pursuant to Section 21 hereof. 5.2 ' N/Iinor Amendment Defined. A proposed amendment to the Development Agreement shall be considered a minor amendment if the proposed amendment does not modify the Governing Regulation` or Section 4 (Development Standards. Conditions) hereof, does not materially modify the size or scope of the development., and does not modify the Vesting Period or term of this Development Agreement. 5.3 1 L1jiior Amendment Defined. A proposed amendment to the Development Agreement shall be considered a Major Amendment if the proposed amendment does not constitute a Minor Amendment, 5.4 'Determination. An application for a Minor Amendment shall be made to the Mayor. The application shall describe tile proposed Minor Amendment in stifficient detail such that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If tile application does not provide sufficient information, the Mayor may reqtiest additional information from the Owner or reject the application. Upon receipt Of SLIfficient information to determine if the proposal set forth in the application constitutes a MinorAmendnient, the Mayor shall deterinine if the proposal constitutes a N/linor Amendment. In the event that the Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment may be administratively approved by the Mayor. In the event that the Mayor determines that the proposal constitutes a Major Amendment, the Owner shall submit the proposal in accordance with the same process for approval of a Development Agreement, withdraw its proposed amendment, or modify and re- submit its proposed aniendment. The determination of the Mayor shall be a filial decision. Section 6, XNs SectiouIntentiony 11peeted Section 7. Existina, Land Use Fees and lin tCenerally 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 S® Tile Parties specifically agree that damages are not an adequate remedy for breach of this Development Agreernent,and that the Parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -5 of 15 Record Date:3/28/2025 10:55 AM King County, WA 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 ofthis 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. Assinm�eutand �Assum)tion. 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 Agreement with all its rights, title, and interests therein to any firm or corporation in which Owner has a majority interest. Owner shall provide the City with written notice of any intent to sell. assign, or transfer all or as portion of the Subject Property, at least 30 days in advance of such action. Section 11. 'Covenants Runnit r, With the Land- Recording. The conditions and covenants set forth in this Development Agreement and incorporated herein by the Exhibits shall I run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. Owner, and every purchaser, assignee or transferee of all interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Development Agreement, and shall be the beneficiary thereof and a party thereto, but Only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any Such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligation.,; 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 AoreementLEfftiq of Agreenieik!.an Future Actions. This Development Agreement may be amended by mutual consent of all ol'the Parties, provided that any Such amendment shall follow the process established for Major and Minor Amendments as get , I forth in this Development Agreement. Section 13. Releases. Owner, and any subsequent owner, may be released from further obliaations relating to the sold, assigned, or transferred portion of the Property, provided that tile buyer, assignee or transferee expressly assumes the obligations Linder this Development Agreement as provided herein. Section 14. No Third:jjEhLA�Eneficial!�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 Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -6 of 15 Record Date:3/28/2025 10:55 AM King County, WA authority which is prohibited by law from being Subject to a muttial agreement with consideration. This Development Agreement has been reviewed and revised by legal counsel for both Parties, and no preS1.1111ptiOn or rule construing ambiguity against the drafter ofthe 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 V znl 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: Attention: Mayor's Office City OfRikwila 6200 Southcenter Blvd. Tukwila. WA 98188 Mayor@Ttikwilawa.gov And to its Attorney: Attention: Kari Sand Ogden Murphy Wallace, P.L.L.C. 701 Fifth Avenue, Suite 5600 Seattle, WA 98104-7045 kamditi omwlaw.conl Archdiocese of Seattle Attention Property and Construction Archdiocese of Seattle 710 9"' Ave. Seattle, WA 93104 And to its Attorney: William J. Crowley Crowley Law Offices, P.S. 600 University St. Suite 1708 Seattle, WA 98101 Wil l(CD,crow!Sj �Iiwof�ficesxom The Parties may. from time-to-tirne, notify each other in writing of changes in the names and addresses of persons to receive notices and Comm Lill icat ions and such changes shall become effective upon receipt by the non -notifying Party. Notices shall be deemed received within three days after being place([ in the United States Mail, properly addressed and postage prepaid, or upon personal delivery. Section 17. Excusable Delay_fforce fVI jeur specific provisions of .!!I: In addition to specir 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-OLItS or other labor disturbances, one or more acts of a public enemy. war. riot, sabotage. blockade, embargo, floods, earthquakes. fires, quarantine restrictions, Freight ernbanyoes, 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 SLICII covernmental authority or utility company), delays resulting from changes in any applicable laws. rules, reaulations. ordinances or codes, or a change in the interpretation thereof by any governing 9 1-.) body with jUriSdiCtiOn, delays resulting from the weather or soils conditions which necessitate delay, delays I-eSUItinly from litigation (including suits filed by third parties concerning or arising out of this Development Acreenient) 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, Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -7 of 15 Record Date:3/28/2025 10:55 AM King County, WA 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 tinie 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 clays 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 Linder this Development Agreement may also be extended in writing by the City and Owner in accordance with Section I I herein. Section 18. Indemnification. Except as otherwise specifically provided elsewhere ill this Development Agreement and any Exhibits hereto, each Party shall protect. defend, indemnify and hold harmless the other Party and their officers, agents, and employees, Or any of them, from and against any and all claims. actions, suits, liability, loss. costs, expenses, and clamages of any nature whatsoever, which are caused by or result from any negligent act or omission of the Party's own officers. agents. and employees in performing services pursuant to this Development Agreement. In the event that any Suit based upon such a claim, action. loss. or damage is brought against a Party, the Party whose negligent action or omissions gave rise to the claim shall defend the other Party at the indemnifyingParty's sole cost and expense. and if final judgment be rendered against the other Party and its officers, agents, and employees or jointly the Parties and their respective officers, agents, and employees, the Parties whose actions or omissions gave rise to the claim shall satisfy the same, provided 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. This Development Agreement shall be C011SLI-Lied and enforced in accordance with the laws of the State of Was hington. 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 Stiperior Court or the U.S. District Court for Western Washington. Section 20nijEd Part Le al Clra1leqKt!,. 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 clefense of Such lawsuit or individual claims in the laWSLllt to Owner and/or successors) 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 claniages awarded to the prevailing party or parties in such litigation. 0 0 0 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. Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -8 of 15 Record Date:3/28/2025 10:55 AM King County, WA Section 21. Severability. If any phrase, provision or section of this Development Agreement is determined by a court of competent'Llriscliction to be invalid or unenforceable. or if any provision or this Development Agreement is rendered invalid or unenforceable accorcling 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 SLICII 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. Ayjh2rjj)L Each Party respectively represents and warrants that it has tile power and authority, and is duly authorized, to enter into this Development Agreement on tile terms and conditions herein stated, and to deliver and perform its obligation,; under this Development Agreement. Section 23. Exhibits and Atstaendiees IncorL),orated. Each Exhibit attached hereto or referenced is incorporated —herein by such reference as if fully set forth herein. Section 24. HeadinTile headings in this Development Agreement are inserted for g, reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions of this Development Agreement. C� Section 25. rime of the Essence. Time is of the essence of this Development Agreement and of every provision hereof. Unless otherwise set forth in this Development Agreement, the reference to "days" shall mean calendar days. If any time for action occursoccursOil a weekend or legal holiday in the State of Washington, then the time period shall be extended automatically to the next business clay. Section 226. Entire Agee erat. 'Iris 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) IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above. ARCHDIOCESE OF SEATTLE By: Its: Now Date:— Cay OF'TU KWIIIA B Phomas McLeod Mayor Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -9 of 15 Record Date:3/28/2025 10:55 AM King County, WA Attest: Signed by: Andy Youn, City Clerk APPROVED AS TO FORM: Signed by' `�in,i, �.. t.Q. Kari Sand. City Attorney Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -10 of 15 Record Date:3/28/2025 10:55 AM King County, WA STATE OF WASHINGTON )ss. COUNTY OF KING I certify that I know or have satisfactory evidence that a is the person who appeared before nae. and said person acknowledged that (he �signed this ii-iStRllnent. on oath stated that (he(& was authorized to execute tile instrUnlent and acknowledged it as the the ARCHDIOCESE OF SEATTLE. to be the free and voluntary act Of SLICII Q'�i�arty or Mhe arses and purposes mentioned in the instrument. DATED: SP • 10 '1;r y NOTAR PUBLIC 08 30 1119111101 STATE OF WASHINGTON COUNTY OF KING Printed: fol, Yton NOTARY PUBLIC in and ashi Residing at: appointment expires: ss - I certify that I know or have satisfactory evidence that Thomas McLeod is the person who appeared before nie, and said person acknowledged that he signed this instrUlnent. on oath stated that lie was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF 0 TUKWILA. to be the free and voluntary act Of Stich party for the Lis" and purposes mentioned in the instrument. DATED: 1-1w/ t I I v I rill d: 4P00" v 01 R Int. t IC io and For lshingt:ala OTAt V6970 10� r - My appointment expires: (a fie%. 0 fit Z lit 'it,. op Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -11 of 15 Record Date:3/28/2025 10:55 AM King County, WA 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 SOI-19-0IW 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 TI -I S88- 46 -19E ALONG SAID S LINE 372.61 FT TH S01-13-41 W 305.00 FT TH NSS-46-19W 50.00 FT TO TPOB TH S88-46-41 E 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-OOE 115 FT S01 -06W 104 FT S09 -12W 106 FT S26 -49W 102 FT S47-21 W 103 FT S60 -15W 40 FT S74 -35W 60 FT WEST 106 FT N67 -30W 107 FT N26 -19W 104 FT N20 - 22W 103 FT N21 -54W 105 FT N -32-38W 116 FT N44 -04W 34 FT MORE OR LESS TO POINT FROM WHICH TPOB BEARS N69 -38-41E TI -I LEAVING SAID TOP OF LEFT BANK, N69- 38-41 E 225 FT MORE OR LESS TO TPOB POR TAXABLE Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -12 of 15 Record Date:3/28/2025 10:55 AM King County, WA Our Lady of Lavang Site Plan on file with the City of Tukwila Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -13 of 15 Record Date:3/28/2025 10:55 AM King County, WA Ordinancet . —a+ L1 Lo AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED VIETNAMESE 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) 36.7013.170, et seq. and Tukwila Municipal Code (TMC) Chapter 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 City of Tukwila and the Archdiocese of Seattle wish to enter into a Development Agreement for King County tax parcel number 3623049087, a map and description of which are attached hereto as included in Exhibit A; and WHEREAS, pursuant to Tukwila 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. Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -14 of 15 Record Date:3/28/2025 10:55 AM King County, WA Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ooh. , 2024. ATTEST/AUTHENTICATED: Andy Youn, CMC, City Clerk Thomas McLeod, yor� APPROVED AS TO FO Y: Filed with the City Clerk: 10 b Passed by the City Council: tt L41201q Published: t l f 2 �-- Effective Date:-!Ltj2. Office of the City Attorney Ordinance Number: Exhibit A: Development Agreement Instrument Number: 20250328000359 Document:AG Rec: $317.50 Page -15 of 15 Record Date:3/28/2025 10:55 AM King County, WA City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2746. On November 4, 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 2746: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING AND AUTHORIZING THE PROPOSED VIETNAMESE 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. The full text of this ordinance will be provided upon request. Andy Youn, Records Governance Manager/City Clerk Published Seattle Times: November 7, 2024