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HomeMy WebLinkAboutReg 2025-05-19 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖REGULAR MEETING ❖ Thomas McLeod, Mayor Councilmembers: ❖ Mohamed Abdi ❖ Armen Papyan Marty Wine, City Administrator ❖Jovita McConnell ❖ Dennis Martinez Tosh Sharp, Council President ❖Hannah Hedrick ❖ Verna Seal ON-SITE PRESENCE: TUKWILA CITY HALL COUNCIL CHAMBERS 6200 SOUTHCENTER BOULEVARD REMOTE PARTICIPATION FOR THE PUBLIC: 1-253-292-9750, ACCESS CODE: 670077847# Click here to: Join Microsoft Teams Meeting For Technical Support: 1-206-433-7155 Monday, May 19, 2025; 7:00 PM 1.CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2.LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3.PUBLIC COMMENTS including comment on items both on and not on the meeting agenda Those wishing to provide public comments may verbally address the City Council both on-site at Tukwila City Hall or via phone or Microsoft Teams for up to 5 minutes for items both on and not on the meeting agenda. To provide comment via phone or Microsoft Teams, please email citycouncil@tukwilawa.gov with your name and topic by 5:00 PM on the meeting date. Please clearly indicate that your message is for public comment during the meeting, and you will receive further instructions. 4.CONSENT AGENDA a.Approval of Minutes: 5/5/25 (Special Mtg.); 5/5/25 (Regular Mtg.) b.Approval of Vouchers c.Authorize the Mayor to execute a contract with Evergreen Asphalt & Concrete, Inc., for the South 116th Street Parcel passive park improvements project, in an amount not to exceed $152,316.24. [Reviewed and forwarded to consent by the Committee of the Whole on 5/12/2025.] d.An ordinance establishing Tukwila Municipal Code (TMC) Section 18.45.050; to establish a pre-application conference process for land use permits; amending Ordinance Nos. 2741 §3 (part) and 2745 §7, as codified at TMC 18.104.010; Amending Ordinance No. 2741 §3 (part), as codified at TMC 18.104.050. [Reviewed and forwarded to consent by the Committee of the Whole Committee on 5/12/2025.] e.Approve an application for Lodging Tax funds from the City of Tukwila to assist in the promotion and facilitation of leagues, events and tournaments for Starfire Sports in an amount not to exceed $160,000 over two years. [Reviewed and forwarded to consent by the Planning and Community Development Committee on 5/12/2025.] Pg.1 Pg.3 Pg.9 (Continued...) This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Remote Tukwila Council meetings are audio/video taped, and available at www.tukwilawa.gov) REGULAR MEETING May 19, 2025 Page 2 5. PUBLIC HEARING a.An ordinance 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 five months. To provide public hearing comments, please email citycouncil@tukwilawa.gov, provide your first and last name, and reference the public hearing topic in the subject line, by 5:00 p.m. on May 19, 2025. Once you have signed up by email, your name will be called upon during the meeting to speak for up to 5 minutes. Call 1-253-292-9750, ACCESS CODE 670077847# to participate or click here to Join Microsoft Teams Meeting at 7:00 p.m. on May 19, 2025 to access the meeting. You may also attend the Public Hearing in person and provide your comments on-site. Pg.23 6.UNFINISHED BUSINESS a.An ordinance 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 five months. Pg.23 7.NEW BUSINESS a.Duwamish Park playground replacement: (1)Approve a grant application with KABOOM!, Inc. for a Community-Built Playscape Grant at Duwamish Park, with a local match of $118,500.00. (2)Authorize the Mayor to sign a grant agreement with KABOOM!, Inc. for a Community-Built Playscape Grant for the replacement of the playground located at Duwamish Park, in an amount to be determined (local match $118,500.00), with a final form to be approved by the City Attorney’s Office. Pg.37 8.REPORTS a.Mayor b.City Council c.Staff – City Administrator Report Pg.71 9.MISCELLANEOUS 10.EXECUTIVE SESSION 11.ADJOURNMENT If you are in need of translation or interpretation services at a Council meeting, please contact us at 206-433-1800 by 12:00 p.m. on the meeting date. WELCOME TO THE TUKWILA CITY COUNCIL MEETING The Tukwila City Council encourages community participation in the local government process and welcomes attendance and public comment at its meetings. MEETING SCHEDULE Regular Meetings are held at 7:00 p.m. on the 1st and 3rd Mondays of each month. The City Council takes formal action in the form of motions, resolutions and ordinances at Regular Meetings. Committee of the Whole Meetings are held at 7:00 p.m. on the 2nd and 4th Mondays of each month. The City Council considers current issues, discusses policy matters in detail, and coordinates the work of the Council at Committee of the Whole meetings. PUBLIC COMMENTS Members of the public are given the opportunity to address the Council for up to 5 minutes on items both on and not on the meeting agenda during Public Comments. The City Council will also accept comments on an agenda item when the item is presented in the agenda, but speakers are limited to commenting once per item each meeting. When recognized by the Presiding Officer, please go to the podium if on-site or turn on your microphone if attending virtually and state your name clearly for the record. The City Council appreciates hearing from you but may not respond or answer questions during the meeting. Members of the City Council or City staff may follow up with you following the meeting. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land-use laws, annexations, rezone requests, public safety issues, etc. The City Council Rules of Procedure provide the following guidelines for Public Hearings: 1. City staff will provide a report summarizing and providing context to the issue at hand. 2. City staff shall speak first and be allowed 15 minutes to make a presentation. 3. The applicant is then allowed 15 minutes to make a presentation. 4. Each side is then allowed 5 minutes for rebuttal. 5. After City staff and the applicant have used their speaking time, the Council may ask further clarifying questions of the speakers. 6. Members of the public who wish to address the Council on the hearing topic may speak for 5 minutes each. 7. Speakers are asked to sign in on forms provided by the City Clerk. 8. The Council may ask clarifying questions of speakers and the speakers may respond. 9. Speakers should address their comments to the City Council. 10. If a large number of people wish to speak to the issue, the Council may limit the total amount of comment time dedicated to the Public Hearing. 11. Once the Presiding Officer closes the public hearing, no further comments will be accepted, and the issue is open for Councilmember discussion. 12. Any hearing being held or ordered to be held by the City Council may be continued in the manner as set forth by RCW 42.30.100. For more information about the City Council, including its complete Rules of Procedure, please visit: https://www.tukwilawa.gov/departments/city-council/ ITEM INFORMATION STAFF SPONSOR: MATTHEW AUSTIN ORIGINAL AGENDA DATE: 5/19/25 AGENDA ITEM TITLE Contract Approval: S 116th St Parcel Trail Access Contract CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 5/19/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY The City of Tukwila Parks and Recreation Department seeks to award a contract for completion of proposed improvements at the S 116th St Parcel (King County Parcel #0733000225). This contract, totaling $152,316.24, is in an amount that requires full City Council approval before the Mayor may execute it. City staff recommend the Community Services and Safety Committee forward the proposed Contract for Services to the May 19th Regular Meeting Consent Agenda for final approval. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: 5/12/25 COMMITTEE CHAIR: MARTINEZ RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $152,316.24 $145,000 $7,316.24 Fund Source: LAND ACQUISITON, RECREATION, & PARK DEVELOPMENT FUND Comments: Funding sources will be Park Impact Fees, KC Parks Levy Funds, and REET1 MTG. DATE RECORD OF COUNCIL ACTION 5/12/25 MTG. DATE ATTACHMENTS 5/12/25 Informational Memorandum dated 5/5/2025 A --- Proposed Contract for Services + Exhibits: Evergreen Asphalt & Concrete B --- King County Pacel Viewer Map - Parcel 0733000225 C --- Initial Design Concept Package for S 116th St Parcel COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 5/12/25 DR 5/19/25 DR 5/19/25 Forwarded to next Regular Meeting Consent Agenda No attachments 4.C. 1 2 ITEM INFORMATION STAFF SPONSOR: MAX BAKER ORIGINAL AGENDA DATE: 5/12 AGENDA ITEM TITLE Ordinance Establishing a Critical Area Designation Permit and Requiring Pre- Application Conferences for Certain Permits CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date 5/12 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY The proposed ordinance would amend the Tukwila Municipal Code to create a Critical Area Designation (CAD) Permit and require pre-application conferences for certain complex permits, improving early coordination and clarity in the development review process. The Council will consider the ordinance at the May 12, 2025, Committee of the Whole meeting, with approval recommended for the May 19, 2025 Regular Meeting. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Unanimous Approval; Forward to the 5/12/25 Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: NO FUNDING REQUIRED Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/12/25 Unanimous consent existed to Forward to Regular Meeting 5/19/25 MTG. DATE ATTACHMENTS 5/12/25 Informational Memorandum dated 5/12/25 Draft Ordinance 5/19/25 Final Ordinance COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 5/12 MB 5/19 MB 4.D. 3 2025 Legislation: Critical Area Designation Permit Page 1 of 5 Version: 5/14/25 Staff: M. Baker AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING TUKWILA MUNICIPAL CODE (TMC) SECTION 18.45.050; TO ESTABLISH A PRE-APPLICATION CONFERENCE PROCESS FOR LAND USE PERMITS; AMENDING ORDINANCE NOS. 2741 §3 (PART) AND 2745 §7, AS CODIFIED AT TMC 18.104.010; AMENDING ORDINANCE NO. 2741 §3 (PART), AS CODIFIED AT TMC 18.104.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code (“TMC”) establishes regulations for critical areas, and the City seeks to ensure these regulations align with best practices and statutory requirements; and WHEREAS, the City desires to improve the permitting process by establishing a Critical Area Designation Permit, streamlining the review of critical areas while maintaining environmental protections; and WHEREAS, the requirement for detailed critical area delineations has been identified as essential for ensuring compliance with TMC Title 18, and a dedicated permit will provide clarity and efficiency in the review process; and WHEREAS, the proposed amendments to the Tukwila Municipal Code to establish the Critical Area Designation Permit are exempt from review under the State Environmental Policy Act (SEPA); and WHEREAS, on February 10, 2025, the Planning and Community Development Committee received a briefing on the proposed approach and expressed support for moving the item forward to the City Council for consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 4 2025 Legislation: Critical Area Designation Permit Page 2 of 5 Version: 5/14/25 Staff: M. Baker Section 1. Adoption of Findings of Fact. The City Council finds as follows: A.The above recitals, set forth as “WHEREAS” clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B.The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Regulations Established. TMC 18.45.050 is hereby established to read as follows: 18.45.050 Critical Area Designation Permit A. A Critical Area Designation Permit establishes whether critical areas or buffers are present on or near the property and includes a critical area study if needed. 1.A Critical Area Designation Permit is required for any property that contains, or is located within 150 feet of, a confirmed or potential critical area before any other development permit can be accepted or issued. 2.A Critical Area Designation Permit may be applied for at any time by the property owner or the property owner’s agent. B.To apply for a Critical Area Designation Permit, the property owner or the property owner's agent must submit an application to the department using a form provided by the department. The application may cover the entire site or a portion, provided that a map is included identifying the area for which designation is sought. C.The department, or its consultant, shall conduct an initial site review to determine whether critical areas or buffers exist, or have the potential to exist, on the property or within 150 feet. If a wetland or stream is identified, the applicant must obtain a critical area report consistent with TMC 18.45.070, as provided in subsection D as currently enacted or hereafter amended. If the presence or classification of a stream is uncertain, the report shall include a professional recommendation. If the report concludes that no wetland or stream exists on or within 150 feet of the property, and the department concurs, no further assessment shall be required. D.To fulfill the requirement for a critical area report, the applicant shall either: 1.Fund a critical area study prepared by the City's consultant, which will not be subject to peer review; or 2.Submit a critical area study prepared by a qualified professional as defined in TMC Title 18, which may be subject to applicant-funded peer review by the City or its consultant. E.Upon request by the applicant, the Critical Area Designation Permit may include an evaluation or interpretation of the applicability of critical area buffers and standards to a potential future development. 5 2025 Legislation: Critical Area Designation Permit Page 3 of 5 Version: 5/14/25 Staff: M. Baker F.Based on the critical area report, the Department shall issue a final determination for the Critical Area Designation Permit. G.The Department shall make its written determination on the Critical Area Designation Permit within one hundred twenty (120) days of receiving a complete application, unless an extension is authorized under the Tukwila Municipal Code. H.The Critical Area Designation Permit shall be valid for five (5) years unless: 1.Physical conditions on or within 300 feet of the subject property have markedly and demonstrably changed due to natural processes or man-made activity, or 2.Applicable regulatory agencies adopt updated maps or designations that conflict with the original determination in the Critical Area Designation Permit. Section 3. Ordinance Nos. 2741 §3 (part) and 2745 §7, as codified at TMC 18.104.010, “Classification of Project Permit Applications,” is hereby amended to read as follows: TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Temporary Encampment Permit Revocation (TMC Chapter 18.48) Director Administrative Variance for Noise – 30 days or less (TMC 8.22.120) Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC 17.08) Director Critical Area Designation Permit Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC 17.08.030) Director Development Permit Building Official Minor Modification to Design Review Approval (TMC 18.60.030) Director Minor Modification to PRD (TMC 18.46.130) Director Signs (TMC 19.12.020) Director Tree Permit (TMC 18.54) Director Wireless Communication Facility, Eligible Facilities (TMC 18.58) Director 6 2025 Legislation: Critical Area Designation Permit Page 4 of 5 Version: 5/14/25 Staff: M. Baker Section 4. Ordinance No. 2741 §3 (part), as codified at TMC 18.104.050, “Pre- Application Conferences” is hereby amended to read as follows: 18.104.050 Pre-Application Conferences A.A pre-application conference shall be required prior to filing a permit application when the permit type is identified in a guidance document maintained by the department. When a pre-application conference is not required, an applicant may voluntarily request one. B.The purpose of the pre-application conference is to assist the applicant in understanding the applicable regulations, required permits, submittal expectations, and any known site constraints such as critical areas. C.The department shall schedule the pre-application conference in a timely manner once a complete request is submitted on forms provided by the department, along with any required fee set forth in the City’s fee resolution, which shall be amended from time to time. Staff from other affected City departments or agencies may attend as determined necessary by the department. D.For permits that require a pre-application conference, the City will not accept an application under this chapter unless the applicant attended a pre-application conference under this section within six (6) months immediately prior to the date of application submittal. E.Applicants shall be charged a fee for the pre-application conference. If a permit application is submitted within six (6) months of the pre-application conference and the project scope remains consistent with what was presented, the pre-application fee shall be credited toward the permit application fee. F.Pre-application conferences do not vest the applicant’s rights to any regulations in effect on the date of the conference. Section 4. 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 5. 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 6. 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. 7 2025 Legislation: Critical Area Designation Permit Page 5 of 5 Version: 5/14/25 Staff: M. Baker PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this _______ day of ___________________, 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 8 ITEM INFORMATION STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 5/19/25 AGENDA ITEM TITLE Lodging Tax Funding Requests CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date 5/19/25 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY Review of lodging tax funding request from Starfire Sports to support its marketing and promotional activities for Starfire Sports. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: 4/18/25, 5/12/25 COMMITTEE CHAIR: SHARP, HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE Unanimous Approval; Forward to 5/19/2025 Regular Consent Agenda. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $160,000 $N/A $N/A Fund Source: 101 FUND Comments: Toursim funds. No general funds will be used MTG. DATE RECORD OF COUNCIL ACTION 5/19/25 MTG. DATE ATTACHMENTS 5/19/25 Staff Informational Memoradum, dated May 5, 2025 Starfire Funding Request Application City Staff Report to LTAC 5/12/25 Planning & Community Devleopment Committee Meeting Minutes COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 5/19/25 BJM 4.E. 9 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Brandon Miles, Director, Strategic Initiatives CC: Thomas McLeod, Mayor DATE: May 5, 2025 SUBJECT: Lodging Tax Funding Requests ISSUE Review of lodging tax funding request from Starfire Sports to support its marketing and promotional activities for Starfire Sports. 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 promotion1. 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 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. 1 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 municip ality must submit its proposed change to the advisory committee for review and comment at least forty -five days before final action on the proposal.” 10 INFORMATIONAL MEMO Page 2 Pending Applications 1. City of Tukwila, Starfire Sports ($160,000 over two years) Starfire is requesting lodging tax funds in 2025/2026 to assist in promotion and facilitation of leagues, events, and tournaments. The goal is to have 1,300,000 (not unique) total attendance for Starfire related events and to generate 10,000 room nights in area lodging businesses. Starfire will promote its events through email and online marketing, with regional sports organizations and social media efforts. LTAC reviewed the request at its April meeting and recommended approval of the funding request. LTAC did have a lengthy discussion about ways that the City could leverage the visitors that come to Starfire and how we can get attendees to other businesses in the area. Staff is currently working on how to address this as part of the final agreement. LTAC Recommendation on Application: Approval. Staff Recommendation on Application: Approval. FINANCIAL IMPACT The total request for this application will not exceed $160,000 over two years and is consistent with the six-year financial plan for the tourism funds. 2025 Tourism Six-Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Approved) Funding Request: ($15,000) PacNW (Approved) Request: ($20,000) General Operations Sponsorship Approved Request: ($15,000) Starfire (Pending) Request: ($80,000) Remaining Sponsorship Funds: $80,000 2026 Tourism Six-Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Approved) Funding Request: ($15,000) General Operations Sponsorship Approved Request: ($15,000) Starfire (Pending) Request: ($80,000) Remaining Sponsorship Funds: $80,000 11 INFORMATIONAL MEMO Page 3 RECOMMENDATION Staff recommends that the Committee approve the pending funding requests and forward to the May 19, 2025, consent agenda. The contract with Starfire Sports will be over $160,000 and will require approval by the Council. Staff would like permission to bypass PCD and place the contract on a consent agenda once it’s ready for review and approval ATTACHMENTS 1. Starfire Funding Request Application 2. City Staff Report to LTAC 12 13 LNTI'%RhIf r REVENUE JERVI:CE P. O. BOX 2.508 CINCINNATI, 0fl 45201 Dater AUG 15 2000 STARFCRE SPORTS A NONPROFIT CORPORATION 14800 ,STARFIR1! WAY TUKW I:LA, WA 98188 Dear Applicant: DEPARTMENT OF 1'FIC TftEA SORy Employer, Tdentifi_cati-Or, Number: 47-0887811 DLN 1705::1215700018 Contact Person: CARLY D YOUNG Contact Telephone Number: 877) 829-5500 Public Charity Status: 509( a)(2) IUi# 31494 Our letter dated December 23, 2003, stated you would be exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code, and you would be treated as a public charity, rather than as a private foundation, during an advance ruling period. Based on the information you submitted, you are classified as a public charity under the Code section listed in the heading of this letter. Since your exempt status was not under consideration, you continue to be classified as an organization exempt from Federal income tax under section 501(c) (3) of the Code. Publication 557, Tax -Exempt Status for Your Organization, provides detailed information about your rights and responsibilities as an exempt organization. You may request a copy by calling the toll -free number for forms, 800) 829-3676. Information is also available on our Internet Web Site at www.irs.gov. If you have general questigps about exempt organizations, please call our toll -tree number shown in the heading. Please keep this letter in your permanent records. Sincerely yours, Robert Choi Director, Exempt Organizations Rulings and Agreements 14 Form w-9 Rev, October 2018) Department of the Treasury interne! Revenue Service ala5 m Request for Taxpayer Identification Number and Certification Go to www.irs.gov/FormW9 for instructions and the latest information. f Name (as shown on your Income tax return). Name is required on ells fine; do not leave this ilne blank. Starfire Sports 2 Businessname/dlsregarded entity name, if different from above Give Form to the requester. Do not send to the IRS. 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of thefollowingsevenboxes. Individual/sole proprietor or C Corporation S Corporation Partnership Trust/estate single -member LLC Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) Note: Check the appropriate box In the line above for the tax classification of the single -member owner, Do not check LLC if the LLC is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC treatisdisregardedfromthe owner should check the appropriate box for the tax classification of its owner Other (see Inalructions) 5 Address (number, street, and apt. or site no.) See Instructions. 148Ut} Starfire Way 5 City, state, and ZIP coda Tukwila, WA 98188 7 List account numbar(s) here (optional) 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) Appl6 s to accounts meinlsfled outside Me US) Requester's name and address (optional) raltrajpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions tor Part I, later. For other entities. It is your employer identification number (EIN). If you do not have a number, see How to get aTIN, later. Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. ! am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal RevenueService (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I amnolongersubjecttobackupwithholding: and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered an this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding becauseyouhavefailed to report all interest and dividends on your lax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, paymentsotherthaninterestanddividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Here Social security number or Employer Identification number 4 7 V_.ILQ General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.rrs.govfFormW9. Purpose of Form Signature of U.S. person An individual or entityjj91rW9 requester) who.s.required.to.flle.an. information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security numberSSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATM), or employer identification number E1N), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. Form 1099- INT (interest earned or paid) Data L(ralaoay Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099- MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) i:•orm 1088.(home-mortgage interest)( 109E-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. I you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat, No, 10231X Form W-9 (Rev. 10-2018) 15 16 17 18 19 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: Starfire Sports Address: 14800 Starfire Wy Tukwila, WA 98188 Total Funds Requested: $160,000 two-year funding request ($80,000 in 2025 and $80,000 in 2026) About the Applicant: Starfire Sports, a non-profit entity, has grown into one of the premier sports facilities in the United States. Over 1.3 million people visited the facility in 2024 to take part in soccer, rugby, and lacrosse tournaments; to play in outdoor and indoor soccer leagues; to engage in sport specific training; to review professional sporting events; and for STEM educational courses. Starfire is home training ground for the OL Reign and the Seattle Seawolves. Opening in 2003, Starfire Sports has 12 outdoor fields and two indoor fields. The facility is located at Fort Dent Park, which is owned by the City of Tukwila. Also located at the Park is a small children’s play area and trails that connect to the regional trail system. The City has maintenance reasonability for the play area, trails, and parking area. Starfire regular hosts multiday, weekend soccer, rugby, and lacrosse tournaments, which brings in teams from throughout North America. Teams stay in hotels throughout the Seattle Southside region, with a typical split of 70/30 between Tukwila and SeaTac hotels. Players and their families can been seen throughout Tukwila, at Westfield Southcenter, the Family Fun Center, and area restaurants. Funds Previously Awarded: $110,000 in 2023-2025. Funding Request Narrative: Starfire is requesting lodging tax funds in 2025/2026 to assist in promotion and facilitation of leagues, events, and tournaments. The goal is to have 1,300,000 (not unique) total attendance for Starfire related events and to generate 10,000 room nights in area lodging businesses. Starfire will promote its events through email and online marketing, with regional sports organizations and social media efforts. Staff Comments: After Westfield Southcenter, Starfire is the largest draw of visitors in the City and likely the largest draw for overnight guests. Additionally, the tournaments and leagues at Starfire bring in people from throughout the Puget Sound region on day visits to the City. Starfire visitor count 20 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 including in their application does not include all third-party events, thus the numbers may actually be lower than the actual tourist impact on the City. Since it’s opening, Starfire has been a great partner for the City and has helped the City grow a brand in the soccer and rugby community as being the epicenter of [soccer] or [rugby] in the Pacific NW. Consistency with Six Year Financial Model: For 2025 and 2026, the Six Year Financial Plan shows the City spending $175,000 for sponsorship, such as this in both years. 2025 Tourism Six-Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Approved) Funding Request: ($15,000) PacNW (Approved) Request: ($20,000) General Operations Sponsorship Approved Request: ($15,000) Starfire (Pending) Request: ($80,000) Remaining Sponsorship Funds: $80,000 2026 Tourism Six-Year Financial Plan Allocation Sponsorships: $175,000 Experience Tukwila (Approved) Funding Request: ($15,000) General Operations Sponsorship Approved Request: ($15,000) Starfire (Pending) Request: ($80,000) Remaining Sponsorship Funds: $80,000 City of Tukwila Staff Recommendation to LTAC: Approval Notes: Starfire will be required to execute a separate service agreement with the City. 21 City of Tukwila City Council Planning & Community Development Committee Meeting Minutes May 12, 2025, 5:30 p.m. – Hybrid Meeting; City Council Conference Room & MS Teams Councilmembers Present: Hannah Hedrick, Chair; Verna Seal Staff Present: Nora Gierloff, Neil Tabor, Max Baker, Laurel Humphrey, Marty Wine, Isaac Gloor, Brandon Miles Chair Hedrick called the meeting to order at 5:30 p.m. BUSINESS AGENDA A.Lodging Tax Request – Starfire Sports The Lodging Tax Advisory Committee has recommended funding Starfire Sports’ request for $160,000 through 2026 for continued support of marketing and promotional activities. Committee Recommendation Majority approval. Forward to May 19, 2025 Regular Meeting Consent Agenda. B.Ordinance: Critical Area Designation Permit and Pre-Application Process Staff is seeking approval of an ordinance amending the Zoning Code to create a Critical Area Designation Permit and formalize the pre-application conference process. Committee Recommendation Majority Approval. Forward to May 12, 2025 Committee of the Whole. C.Middle Housing, Accessory Dwelling Unit and Objective Design Standards Legislation Staff provided an overview of upcoming ordinances that will amend the Municipal Code to comply with the state’s new “Middle Housing” requirements. Committee Recommendation Majority Approval. Forward to May 12, 2025 Planning & Community Development Committee and Committee of the Whole. MISCELLANEOUS The meeting adjourned at 6:12 p.m. HH Committee Chair Approval 22 ITEM INFORMATION STAFF SPONSOR: DEREK SPECK ORIGINAL AGENDA DATE: 5/19/25 AGENDA ITEM TITLE Tukwila South Development Agreement Fifth Amendment CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 5/19/25 Mtg Date Mtg Date Mtg Date 6/2/25 Mtg Date Mtg Date 5/19/25 Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY The 2009 Development Agreement governing the Tukwila South subarea expires on June 23, 2025. Segale Properties has requested an extension through December 1, 2025. Council is being asked to hold a public hearing and approve an ordinance authorizing an amendment agreeing to the extension. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office/Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 5/19/25 MTG. DATE ATTACHMENTS 5/19/25 Informational Memorandum dated 5/13/25 Proposed Ordinance Proposed Fifth Amendment to Development Agreement 6/2/25 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 5/19/25 DCS 6/2/25 DCS 5.A. & 6.A. 23 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Derek Speck, Economic Development Administrator Nora Gierloff, Community Development Director CC: Mayor McLeod DATE: May 13, 2025 SUBJECT: Tukwila South Development Agreement Fifth Amendment ISSUE The 2009 Development Agreement governing the Tukwila South subarea is due to expire on June 23, 2025. The purpose of this item is to extend the expiration date. BACKGROUND The 2009 Tukwila South Development Agreement was originally scheduled to expire on December 22, 2024. In early 2024, Segale Properties requested a fifteen-year extension of the current agreement. On July 1, 2024, staff briefed the City Council on that request and began negotiating with Segale on terms for a new development agreement. Segale Properties would like the new agreement to take effect before the current one expires. In December 2024 the Council approved the Fourth Amendment which extended the term through June 23, 2025 to allow more time for negotiations. The City and Segale Properties have now reached agreement on nearly all of the issues. The most significant outstanding issue is Segale Properties’ request to vest to stormwater standards that were in effect in 1998/2005. To explore all options to reach an agreement on that issue, the parties need additional time. Segale Properties has requested the current agreement be extended to December 1, 2025. The parties believe this is more time than is necessary but want to ensure that the current agreement does not need to be extended again. DISCUSSION The Administration supports extending the current agreement through December 1, 2025. FINANCIAL IMPACT This item has no impact on the city’s budget. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the May 19, 2025 Regular Meeting and June 2, 2025 Regular Meeting. ATTACHMENTS Draft Ordinance Proposed Fifth Amendment to Development Agreement for the Tukwila South Development 24 2025 Legislation: Extending Tukwila South Development Agreement Page 1 of 3 Version: 05/01/2025 Staff: Nora Gierloff, Derek Speck Brandon Miles 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 FIVE 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 six times, with the First, Third, and Fourth Amendments recorded at King County recording nos. 20100726001101, 20140624000980, and 20250109000508, 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 Segale Properties dedicated to the City pursuant to a Fire Facilities Agreement (Contract No. 14-065); and DR A F T 25 2025 Legislation: Extending Tukwila South Development Agreement Page 2 of 3 Version: 05/01/2025 Staff: Nora Gierloff, Derek Speck Brandon Miles 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, was to expire on December 22, 2024; and WHEREAS, on December 20, 2024, the City of Tukwila, Segale Properties LLC, and its successors executed the Fourth Amendment to the Development Agreement, which extended the Term by six months, such that the Term of the Original Agreement, as revised, expires on June 23, 2025; and WHEREAS, the City of Tukwila, Segale Properties LLC, and its successors have agreed to an additional five-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 May 19, 2025; 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 five (5) months, making the new expiration date of the Development Agreement December 1, 2025, as set forth in the attached “Fifth 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. DR A F T 26 2025 Legislation: Extending Tukwila South Development Agreement Page 3 of 3 Version: 05/01/2025 Staff: Nora Gierloff, Derek Speck Brandon Miles PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this _______ day of ______ 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, City Clerk Thomas McLeod, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A – Fifth Amendment to Development Agreement DR A F T 27 1 When Recorded Return to: Nancy Bainbridge Rogers Cairncross & Hempelmann, P.S. 524 Second Avenue, Suite 500 Seattle, WA 98104-2323 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT Reference Number(s) of Documents assigned or released: 20100726001100; 20100726001101; 20130228000691; 20130228000692; 20140624000980; and 20250109000508 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; 870021-0010; 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 DR A F T 28 2 FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE TUKWILA SOUTH DEVELOPMENT THIS FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (the “Fifth Amendment”) is made and entered into this ____ day of June, 2025, 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 six times, with the First, Third, and Fourth Amendments recorded at King County recording nos. 20100726001101, 20140624000980, and 20250109000508 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 Mills have each acquired certain parcels subject to the Original Agreement. WHEREAS, the Original Agreement, as revised, is set to expire on June 23, 2025, and all Parties wish to enter a further 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 December 1, 2025.” The Parties agree the December 1, 2025 expiration date also applies to Section 5.2.3, Scope of Vesting. [signature pages to follow] 29 3 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 WASHINGTON ) ) 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. GIVEN under my hand and official seal this ____ day of ___________________, 2025. ____________________________________ ____________________________________ (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at ________________ My commission expires 30 31 32 33 34 35 36 ITEM INFORMATION STAFF SPONSOR: DAVID ROSEN ORIGINAL AGENDA DATE: 5/19/25 AGENDA ITEM TITLE Grant Match Approval Request: KABOOM! Duwamish Park Playground Replacement CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 5/19/25 SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY The Parks & Recreation Department is finalizing an application for a KABOOM! Community- Built Playscape Grant which would assist in replacement of the playground located at Duwamish Park. This grant requires matching funds in the amount of $118,500 to be provided. Per city policies, city staff must secure city council approval before application to grants requiring match are authorized for signature by the Mayor. City staff recommend the city council authorize the mayor to sign the proposed community partner agreement. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: N/A COMMITTEE CHAIR: N/A RECOMMENDATIONS: SPONSOR/ADMIN. Parks & Recreation Department COMMITTEE Moved directly to full council due to project deadlines COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $118,500 $0 $118,500 Fund Source: LAND ACQUISITION, RECREATION & PARK DEVELOPMENT FUND (301) Comments: Likely funds to be used include Park Impact Fees, REET1, and King County Parks Levy funds MTG. DATE RECORD OF COUNCIL ACTION 5/19/25 MTG. DATE ATTACHMENTS 5/19/25 Informational Memorandum dated May 12th, 2025 A --- Proposed KABOOM! Community Partner Agreement B --- KABOOM! Exhibit Packet C --- Landowner Letter of Permission – Tukwila School District signed May 5th, 2025 D --- Duwamish Park Renovation Concept Design Package (Not Final Design) COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 5/19/25 DR 7.A. 37 INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Kris Kelly, Interim Parks & Recreation Director BY: David Rosen, Parks & Recreation Analyst DATE: May 12, 2025 SUBJECT: Grant Match Approval Request: KABOOM! Duwamish Park Playground Replacement ISSUE The City of Tukwila Parks & Recreation Department is finalizing an application for a KABOOM! Community-Built Playscape Grant. This grant requires matching funds in the amount of $118,500 to be provided by the City of Tukwila. Per city policies, city staff must secure city council approval before application to grants requiring match are authorized for signature by the Mayor. BACKGROUND KABOOM! is a non-profit organization that “Works to end playspace inequity by uniting with communities to build kid-designed playspaces that can spark joy and foster a sense of belonging for the kids who often are denied opportunities to thrive.” KABOOM!’s Community-Built Playgrounds program provides custom-designed playgrounds to communities, using volunteers who participate in design and build days for those playgrounds. The City of Tukwila received a KABOOM! grant before, which was used for the playground currently in place at Cascade View Community Park, built in 2017. DISCUSSION At this time, the KABOOM! grant has not been officially secured. City staff have submitted the initial applications, information, and proposals necessary to begin discussion of match, but no agreements have been signed, nor has a guarantee of services been provided. The matching funds will be applied towards the purchase of playground equipment for the installation of a new approximately 5,000 square foot playground at Duwamish Park. City staff continue to work with KABOOM! program managers to determine dates for Design and Build Days. A concept design package for Duwamish Park has been provided for general knowledge of sought improvements, but please note the design is not final. FINANCIAL IMPACT Matching funds for this project, if ultimately executed, will be provided in the amount of $118,500 via the city’s Land Acquisition, Recreation & Park Development Fund (301). Therefore, approval of this grant match does not create any net General Fund inflows or outflows. RECOMMENDATION City staff recommend the city council authorize the mayor to sign the proposed community partner agreement, encumbering matching funds within Fund 301 in the amount $118,500. ATTACHMENTS A --- Proposed KABOOM! Community Partner Agreement B --- KABOOM! Exhibit Packet C --- Landowner Letter of Permission – Tukwila School District signed May 5th, 2025 D --- Duwamish Park Renovation Concept Design Package (Not Final Design) 38 COMMUNITY PARTNER AGREEMENT May 6, 2025 KABOOM!, Inc. (referred to herein as KABOOM!) is pleased that The City of Tukwila(referred to herein as the Community Partner) has agreed to collaborate with KABOOM! and FP (referred to herein as the Funding Partner) in the construction of a new playspace at 11646 42nd Ave S, Tukwila, WA, 98188 (the “Project”). This Community Partner Agreement (this “Agreement”), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. The Community Partner acknowledges and agrees the primary source of funding for the Project is a contribution from the Funding Partner. In the event that such a contribution is not funded, then this agreement shall immediately terminate upon written notice thereof from KABOOM!. 1.Obligations of the Community Partner. The Community Partner shall work with KABOOM! and the Funding Partner as well as community residents to design, plan, and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KABOOM!: (a)Contribution. In support of the Project, the Community Partner must contribute $118,500 to KABOOM!, which will apply the funds directly to the purchase of the equipment. KABOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project’s Build Week (as defined below). (b)Project Site. (i)Ownership. At the time of execution of this Agreement, the Community Partner shall provide KABOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playspace in its entirety, for the lifetime of the product, including the equipment and/or safety surfacing at the time purchased by KABOOM! with the financial resources provided by the Funding Partner. (ii)Permits. Prior to Build Week, the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession, and use of the playspace in compliance with applicable laws and regulations. (iii)Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) preparing the site for the installation of the Project at least two weeks before Build Week, which may include removing existing equipment, footers, and safety surfacing, grading the land, repairing existing surfacing and removing fencing (2) conducting up to two (2) utility checks as reasonably requested by KABOOM! with the appropriate utility companies, with the first test being completed before Design Day (as defined below) and with all utility check documentation provided upon completion to the KABOOM! Project Manager who shall supervise the planning and installation of the equipment (the “Project Manager”); and (3) conducting up to two (2) soil site tests as reasonably requested by KABOOM!, with the first test being completed before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible Attachment A 39 for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv)Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies, and well-being of the adults and children from the beginning of the preparation activities until the conclusion of Build Week, including any postponement. The Community Partner shall also ensure that all volunteers sign a waiver and designate a CPR certified staff member or volunteer to serve as the safety leader onsite for the Build Week. (v)Maintenance. Maintenance of the facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KABOOM! during the Project planning process to develop a maintenance program (a copy of which has been provided) for the play equipment and, with the support of the property owner (if owner is a separate party), shall maintain the equipment and the property before and after the Build Week to ensure a safe and attractive playspace. It is also the responsibility of the Community Partner to ensure that no one enters the playground within 72 hours of the completion of the final Build Day. Anyone accessing and/or touching the playground within 72 hours of its completion could prevent the concrete from curing properly or the surfacing (if rubber) from setting properly, leading to long-term damage that would be the responsibility of the Community Partner to repair. In furtherance of the foregoing, in the event any equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KABOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such equipment available to children in the same manner contemplated as of the Build Week and maintain (or permit the Community Partner to maintain) such play equipment in accordance with the maintenance program. In addition, if applicable, the Community Partner shall accept and maintain engineered wood fiber as play equipment safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playspace. Guidance and materials for the purpose of developing a maintenance plan for the playspace are available, upon request, from the play equipment and safety surfacing manufacturers. (c)Design Day. The Community Partner agrees to host a KABOOM! facilitated Design Day event with at least twenty (20) adult volunteers and twenty (20) youth. Such adult volunteers shall remain engaged in the planning activities throughout the Project’s planning process. (d)Build Week. The Community Partner shall recruit up to 90 total community volunteers to participate in a 3- day volunteer installation event (to be comprised of 30 volunteers on Day 1, 10 volunteers on Day 2 and 50 volunteers on Day 3) scheduled to occur from XX to XX and which is referred to herein as the Build Week. The Community Partner shall ensure that all volunteers sign a waiver (a copy of which has been provided). During the Build Week, the Community Partner shall provide food, water, tools, dumpsters, music , hand washing and/or hand sanitizing facilities, and restroom facilities for all volunteers on each day. (e)Promotion; Intellectual Property. The Community Partner shall seek prior approval from KABOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of them, the "Marks") of KABOOM! and/or the Funding Partner, including press releases, fliers, and promotional materials. The Community Partner acknowledges and agr ees that each of KABOOM! and the Funding Partner is the sole owner of all right s, title, and interest in and to its respective Marks. The parties acknowledge that KABOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KABOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would 40 harm the reputation of KABOOM! or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KABOOM! and the Funding Partner to secure media coverage for the Project. (f)Signage. The Community Partner shall allow the names and logos of KABOOM! and the Funding Partner to be displayed on permanent signage (a copy of which has been provided) and shall be no greater than 19 ½ inches wide by 30 ¼ inches tall and mounted on poles in a mutually agreed location. If applicable, the Community Partner shall allow individual instructional signs to accompany the equipment. (g)Costs. The Community Partner is solely responsible for and shall hold KABOOM! and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades , or improvements, or any equipment or materials purchased to supplement those secured by KABOOM!. (h)Warranty. The equipment and the safety surfacing related to the Project may be covered under warranty by the applicable manufacturers (a copy of which has been provided). The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer’s terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KABOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty , or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. (i)Insurance. The Community Partner is self-insured and is responsible for providing coverage for its own employees and against liability for bodily injury, death and property damage that may arise out of or be based on the use of the playground at “Community Partner location”, from 7 (seven) calendar days before the Build Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars ($1,000,000). This self-insurance shall be primary and non-contributing with any other insurance covering KABOOM! and its funding partners. (j)Indemnification. The Community Partner shall indemnify and hold harmless KABOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents, and representatives from any and all losses, liabilities, claims, actions, fees, and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending, or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, resulting from any actions taken by the Community Partner associated with this Project or resulting from the use of any play property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (k)Data and Reporting. The Community Partner shall distribute and complete play-related surveys, provided by KABOOM!, to its stakeholders, including parents/caregivers, volunteers, and staff (i) promptly following the execution of this agreement (ii) 2 weeks following the completion of the Project (iii) 12 months after the completion of the Project. Additionally, the Community Partner shall use its reasonable efforts to provide KABOOM! with any other information related to the Project that KABOOM! may request. (l)Code of Conduct. The Community Partner agrees to comply with the build site rules (a copy of which has been provided). The Community Partner shall allow the build site rules to be displayed on site and communicate and enforce the build site rules for all participants in th e Project's Design Day and Build Week events. 2.Obligations of KABOOM!. 41 (a)Project. KABOOM! shall provide technical and organizational leadership and guidance for the Project and shall: (i)Coordinate Funding Partner participation, facilitate design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii)On the behalf of and in collaboration with the Community Partner, KABOOM! shall manage construction logistics for the Project, coordinate site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary small hand tools and materials and other general supplies are available on the Build Week; Lead the Build Week activities, including the coordination of Build Week volunteers. (iii)Make available certain educational and promotional materials related to the Project. (b)Inspection. KABOOM!, in collaboration with the Community Partner, will secure an Installation Supervisor to review the structure at the conclusion of the Build Week to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the installation is not completed during the Build Week due to failure of the Community Partner, in which case the Community Partner shall secure the Installation Supervisor. (c)Promotion. KABOOM! will provide proposed promotional materials relating to the Project for the Community Partner’s review and approval, which approval shall not be unreasonably withheld or delayed. (d)Website Listing. KABOOM! will place the playspace on its list of KABOOM! builds on the KABOOM! website, and KABOOM! will send information to the Community Partner on maintenance programming and enhancements. 3.Build Week Postponement. (a)Public Health Compliance. KABOOM! will adhere to public health and safety guidelines as required. If health conditions do not allow project completion within close to the originally scheduled date, project will be rescheduled on a mutually agreed upon date or converted to a professional installation with no volunteers participating in building the playspace. (b)Weather or other conditions unrelated to Public Health. Build Week shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playspace. The decision to postpone the Build Week will be made by majority agreement of the representatives of KABOOM!, the Community Partner, and the Funding Partner, except where such decision must be made by KABOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Week is postponed, KABOOM!, the Community Partner, and the Funding Partner shall develop a plan for rescheduling the Build Week at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Week, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Week. Notwithstanding the foregoing, in the event that the date of the Build Week is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KABOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Week. 4.Funding Partner Relations. KABOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including signage, banners, T-shirts, press releases, website and newsletter 42 stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KABOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5.Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KABOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including act s of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terror ism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KABOOM! shall refund to the Community Partner any amounts paid to KABOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KABOOM! by the Community Partner exceeds the sum paid to KABOOM! hereunder, the Community Partner shall pay KABOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6.General Provisions. The Community Partner represents to KABOOM! that all information provided by it to KABOOM!, including in the application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without th e prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. Thi s Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified, or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered b y facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United St ates mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i), and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. 43 By executing this Community Partner Agreement where indicated below, each of KABOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above. The City of Tukwila By: ______________________ Date: Name: Thomas McLeod Title: Mayor Address: 6200 Southcenter Blvd, Tukwila, WA, 98188 T: (206) 768-2822 e-mail: Thomas.McLeod@tukwilaWA.gov KABOOM!, Inc. By: ______________________ Date: Name: Gerry Megas Title: Chief Financial Officer Address: 7200 Wisconsin Avenue, Suite 400 Bethesda, MD 20814 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmegas@kaboom.org Contact information from the Community Partner who should receive KABOOM! invoices: Name: Title: Mailing Address: Email Address: Phone Number: 44 Exhibit Packet Materials referenced in the KABOOM! Community Partner Playspace Agreement TABLE OF CONTENTS CDC Signage | Section 1 (b) iv Maintenance Plan | Section 1 (b) v −Playground and Adventure Course −Multi-sport Court P. 1 P.2 P.6 Playspace Volunteer Build Day Waiver | Section 1 (d)P.7 Playspace Signage | Section 1 (f) −Playground −Adventure Course P.8 P.10 Warranty | Section 1 (h) −Playground and Adventure Course −Multi-sport Court P. 11 P. 13 Code of Conduct | Section 1 (l) P. 18 KABOOM! Corporate Sponsor Policy P. 19 Attachment B 45 Playspace and Surrounding Project Maintenance Plan for: It is very important for our children’s safety that we make sure that the playspace is kept in a good and safe condition to decrease and/or eliminate injuries. This maintenance plan is to ensure that we keep the playspace in a good working condition so the children can have it to play on for years to come. The main tenance of the playspace system and surrounding projects installed at will be comprised of daily, weekly, and annual inspections by the . The daily inspection is to be completed by all house parents and staff using the playspace. The focus of these daily inspections should include: • Note and report and splinters, loose fasteners, broken equipment and incidents of vandalism • Check safety zones (slides) for any objects such as trash, bottles and anything that may be a hazard to the children • Pick up litter • Check surfacing (wood fiber) in high-use areas. Rake over any areas that may have become worn away by use • Note excess water as in draining or on equipment other than rain or condensation The weekly inspection will be performed by a . Note: The resident children can be utilized to assist with the weekly inspection. This inspection will encompass all of the items mentioned in the daily inspection as well as checking the following: • Grounds upkeep • Surfacing • General hazards • Equipment deterioration (chipped paint, rust) • Security of bolts, nuts, and fasteners An annual inspection will be performed by a or a certified playspace safety inspector. The inspection will include, but not be limited to the following: • Inspection of key areas for signs of wear, tear and vandalism • Check and tighten all bolts, nuts, and fasteners • Lubricate any moving parts • Measure, evaluate and make recommendations as to the condition and depth of the safety surface • Complete a written maintenance report • Meet with staff to discuss report and to answer any questions or to identify any areas to watch If any safety problems are noted in these inspections, the problems will be corrected within hours. If the safety problems cannot be corrected in a timely manner, the playspace will be temporarily closed until safety issues are corrected. Complete documentation of virtually everything related to the playspace, including original specifications, bid documents, purchase orders, warranties, and insurance certificates, as well as manufacturer recommendations, parts lists, scaled drawings, audit records, completed inspection checklists, repair schedules and work orders will be retained permanently. All Reports will be kept in and will be available for review by KABOOM! 2 46 The following checklist will be used to determine the condition of our playspace. The person completing the inspection will sign off the checklist. The checklist will be kept on file at and will be available for review by KABOOM! Name of park or playspace: Name of inspector: Date of inspection: Time of inspection: f Weather conditions at time of inspection: Number of playspace users: REPAIR PRIORITY: 1 – Imminent Hazard (Repair Immediately) 2 – Scheduled Maintenance (Repair Next Visit) 3 – Planning (To Administration for $_) 4 – No issues to date Playspace Specifics Repair Priority Comments Playspace Upkeep Check entire playspace area for miscellaneous debris or litter such as trip hazards, broken glass, poor drainage areas, and no obstruction of play. Check to make sure that trash receptacles are being emptied. Check for any damage to equipment or other playspace feature caused by the following: Vandalism, general wear, broken equipment, and missing equipment. Check the condition of the Sign. Is it present, visible, and in good shape? Surfacing What type of surfacing is used? What is the depth of current surfacing? Check for equipment that does not have adequate safety surfacing under and around it, and for surfacing materials that have deteriorated What areas need surfacing or raking? General Hazards: Equipment General Check all equipment and other playspace features for any hazards that may have emerged. It is important to check slides, climbing apparatus, and composite play structures for the following: no head entrapment or entanglement Maintenance Inspection 47 All hardware in good condition with no loose screws or bolts capped ends no sharp points, corners, edges, or loose welds no protrusions or projections no pinch, crush, or shearing points no tripping hazards no suspended hazards (cables, wires, ropes) no equipment > 7 ft. high no worn/frayed cables smooth surfaces no exposed footings no loose steps, handholds, or rails no loose step/ring/rung General Hazards: Equipment Specific SWINGS S-hooks closed good chains/seats/hangers Deterioration of Equipment Check all equipment and other playspace features for rust, rot, and cracks, with special attention to the possible corrosion where structures come in contact with the ground. Check for unstable anchoring or equipment. Security of Hardware Check for any loose or worn connecting, covering, or fastening hardware devises; for example, check the S - hooks at both ends of suspending elements of swings and all connection points on flexible climbers wear. Check all moving parts, such as swing bearing hangers for wear. Make sure all other moveable joints or connection pieces are properly covered and not entanglement or entrapment hazards. Equipment Use Zones Check for obstacles in equipment use zones (see CPSC guidelines for definition of use zones). 48 Surrounding Area Repair Priority Comments General Hazards: Material Specific Check all equipment and other playspace features for rust, rot, cracks, and splinters, with special attention to the possible corrosion where structures come in contact with the ground. Check for unstable anchoring or equipment. Metal No Rust or corrosion Concrete No cracked or broken pieces Paint Chipped paint Wood No wood rot No mold Check for any loose or worn connecting, protruding, covering, or fastening hardware Check for unstable No splinters General Hazards: Project Specific Fencing/backstops Metal Fence Check that all anchors are secure and that there are no breaks or fray in fencing structure Wooden Fence Check that all boards are secure. Replace any boards or posts that have rot. Sandbox Rake out and maintain clean sand Garden Watering (Daily) Weeding (Weekly) Deadheading (clip old flowers) (Seasonally) Mulching (Seasonally) ** Vegetable Gardens will require more frequent attention depending on plants DATES REPAIRS COMPLETED : (Note Items Repaired) BY: IF SKETCH IS NEEDED, DRAW ON REAR OF FORM. 49 6 Sports Court and Site Enhancement Project Maintenance Plan for It is very important for our children’s safety that we make sure that the sports court is kept in a good and safe condition to decrease and/or eliminate injuries. This maintenance plan is to ensure that we keep the sports court in a good working condition so the children can have it to play on for years to come. The maintenance of the sports court and surrounding projects installed at will be comprised of daily, weekly, and annual inspections by the . The daily inspection is to be completed by all parents and staff using the sports court and site enhancement projects. The focus of these daily inspections should include: • Remove debris, including leaves, sticks, and trash, from the surfacing with a leaf blower • Check and tighten nuts and bolts to ensure they are tight on the following equipment: o Basketball Hoops, Adjustable Net System, Rebounder System and Soccer Goals • Note and report and splinters, loose fasteners, broken equipment and incidents of vandalism • Note excess water as in draining or on equipment other than rain or condensation The weekly inspection will be performed by . Note: The resident children can be utilized to assist with the weekly inspection. This inspection will encompass all of the items mentioned in the daily inspection as well as checking the following: • Grounds upkeep • Surfacing • General hazards • Equipment deterioration (chipped paint, rust) • Security of bolts, nuts, and fasteners An annual inspection will be performed by a or a local Sport Court representative. The inspection will include, but not be limited to the following: • Inspection of key areas for signs of wear, tear and vandalism • Check for damaged sports court tiles • Check and tighten nuts and bolts to ensure they are tight on the following equipment: o Basketball Hoops, Adjustable Net System, Rebounder System and Soccer Goals • Check and tighten all bolts, nuts, and fasteners on all wood projects • Complete a written maintenance report • Meet with staff to discuss report and to answer any questions or to identify any areas to watch If any safety problems are noted in these inspections, the problems will be corrected within hours. If the safety problems cannot be corrected in a timely manner, the sports court will be temporarily closed until safety issues are corrected. Complete documentation of virtually everything related to the sports court, including original specifications, bid documents, purchase orders, warranties, and insurance certificates, as well as manufacturer recommendations, parts lists, scaled drawings, audit records, completed inspection checklists, repair schedules and work orders will be retained permanently. All Reports will be kept in and will be available for review by KABOOM! Printed & Signature Date 50 2023 Playspace Volunteer Build Day Waiver KABOOM! PLAYSPACE PROJECT -- VOLUNTEER WAIVER AND RELEASE This form must be signed by or on behalf of each volunteer who will participate in or otherwise be involved with the construc tion of the FP, CP and KABOOM! Playspace Build (the “Playspace Build” or the “Project”), or will be on the construction site of the Playspace Build, occurring Build Month, Day, Year in City, State. If you are unable to read this print, please speak with the person handling volunteer registration for assistance. The KABOOM! project and activities will include the playspace construction, side projects and play enhancement projects on and in the periphery of the playspace construction site including, without limitation, building interiors at or near the site. The "playspace constructio n site" is the physical space where the playspace is being installed; the playspace construction projects are any activities directly related to the installation and placement of the playspace equipment, the mixing of concrete, and/or moving safety surfacing onto the playspace site. Volunteers under age 18 (or under 19 in AL and NE) may not work on the "playspace construction site", as defined above. Volunteers under 18 but who meet this state’s minimum age for employment may work on the side projects, such as beautification and play enhancement projects, and other non-playspace construction site projects and may help with preparation for the build day only if they have received and delivered KABOOM! written approval from a parent or legal guardian for participation. Any children under state's minimum age for employment will not be supervised by KABOOM! in any way or be allowed to participate in playspace or non-playspace construction projects managed by KABOOM!; however KABOOM! will work with the community partner to procure supplies for use by these children and to help them plan projects that are occurri ng on a site that is distinctly separated from the playspace construction site. No children under this state’s legal working age should be on the playspace construction site. I understand that I will be spending the day(s) as a volunteer for the Project and will be participating at my own risk. I acknowledge that my participation is voluntary and does not constitute a condition or requirement of employment. I further acknowledge that the Project will occur at a construction site and that the construction site will be a potentially dangerous place. I attest that I am physically fit and prepared for this event and these activities. I will not create an unsafe situation for other individuals or myself nor will I use any tool or engage in any task with which I am not completely comfortable. I will abide by all applicable federal, state and local laws, as well as the rules and directions of the sponsors and coordinators. If I see any situation that I feel is unsafe, I will immediately call it to the attention of KABOOM! or a safety coordinator. If I bring any children or young adults with me to participate in the Project, I will be solely responsible for providing for their safety and will keep them under close supervision at all times. FOR EACH PARTICIPANT UNDER 18 (19 in AL and NE), THE PARENT OR GUARDIAN MUST FILL OUT A SEPARATE WAIVER. I understand that a volunteer may be at the Project to provide medical treatment in the event of an injury, and if necessary to assist in arranging transportation to medical facilities, but acknowledge that neither KABOOM! nor any other of the Released Parties (as defined below) are in any way responsible for providing such medical volunteer or treatment. Participation includes possible exposure to and illness from infectious diseases and biological outbreaks, including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my participation; and, I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe any unusual or significant hazard, or if I experience any COVID-19 symptoms during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. On behalf of myself, as well as my heirs, executors, administrators and assigns, I hereby forever release, discharge, waive and agree to indemnify and hold harmless KABOOM!, FP, CP, Landscape Structures Inc. and/or Connor Sport Court International, and any additional sponsors of the Project, along with their respective officers, directors, agents, employees, contractors, successors and assigns, and any volunteers to whom I give my consent to provide medical treatment to me or to any children or young adults under my supervision ("Released Parties"), from and against any and all claims, demands, actions, causes of action, obligations, liabilities, suits, losses, damages, costs, expenses, and fees, including, without limitation, court costs and attorneys’ fees, of any and every nature of character, including, without limitation, for death, personal injury and/or loss of property, whether anticipated or unanticipated, directly or indirectly, whether caused, in whole or in part, by the sole or concurrent negligence or wrongdoings, strict liability or fault of the Released Parties or otherwise, arising out of or connected in any way with my participation in the Project or any side projects in connection with the Project. . I acknowledge that I have read the foregoing paragraph and know and understand the full contents and effects of it. IF BUILD IS IN CALIFORNIA ADD: I understand the full nature, extent, and import of Section 1542 of the California Civil Code and of the entire release stated in the foregoing paragraph. Accordingly, I waive and relinquish, any and all rights or benefits that I may have under the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in its favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby grant KABOOM!, FP and CP full and complete permission to use my name and likeness, including any photographs, videography and interview footage and quotations from me obtained in connection with the Project (whether or not at the Project Build or otherwise) in legitimate promotions of the Project and to further the mission and vision of KABOOM!. in any and all media now known or hereinafter developed without restriction or compensation. I understand that I have given up substantial rights by signing this Waiver and have signed it freely and voluntarily without any inducement, assurance or guarantee being made to me and I INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE of all liability of Released Parties to the greatest extent allowed by law. Adult Volunteer (Age 18+) Volunteer Under Age 18 (Or under 19 in AL and NE) I am here to volunteer from: __ CP (I am a: __staff member / __non-staff member) __ Local Community __ FP ________________________________________________________ Signature of Participant Date Please fill out a SEPARATE waiver for your child—use this section ONLY ________________________________________________________ Signature of Parent or Legal Guardian of Participant ________________________________________________________ Printed Name of Participant ________________________________________________________ Printed Name of Parent or Legal Guardian ________________________________________________________ Address Do you affirm that your child or dependent meets this state’s minimum age requirements for employment? ________________________________________________________ City State Zip  Yes, my child may volunteer  No, my child cannot volunteer ________________________________________________________ Email Address ________________________________________________________ Printed Name of Child Participant Date  I would not like to receive information about KABOOM! in the future.  I would not like to receive information about CP in the future. 51 Page 7 of 19 812747.02-New York Server 6A - MSW Playground Sign 2-5 playground Back Side FRONT SIDE Sign dimensions: 19.5”W x 27.725”H Installation over a hard surface such as concrete, asphalt, or packed earth may result in serious injury or death from falls. Drawstrings have entangled on slides and other playground equipment causing strangulation, REMOVE helmets, drawstrings, scarves, and other accessories around the neck prior to playing on the playground. Surfacing and play surfaces may become HOT and cause burns. Check for hot surfaces prior to playing on the playground. Wet surfaces may be slippery. Use with caution to avoid falls. 8 52 Page 8 of 19 812747.02-New York Server 6A - MSW Playground Sign 5-12 playground Back Side FRONT SIDE Sign dimensions: 19.5”W x 27.725”H Installation over a hard surface such as concrete, asphalt, or packed earth may result in serious injury or death from falls. Drawstrings have entangled on slides and other playground equipment causing strangulation, REMOVE helmets, drawstrings, scarves, and other accessories around the neck prior to playi ng on the playground. Surfacing and play surfaces may become HOT and cause burns. Check for hot surfaces prior to playing on the playground. Wet surfaces may be slippery. Use with caution to avoid falls. 53 Page 9 of 19 812747.02-New York Server 6A - MSW 10 Adventure Course Sign 13+ Back Side FRONT SIDE Sign dimensions: 19.5”W x 27.725”H 54 Page 10 of 19 812747.02-New York Server 6A - MSW Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/ natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers ™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff ™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects, on polycarbonate panels against defects in materials or manufacturing defects, and on bamboo panels against delamination due to defects in materials or manufacturing defects. Does not cover damage which may be associated with the natural characteristics of bamboo aging, including but not limited to discoloration, splitting, cracking, warping or twisting, nor the formation of algae, mold and other forms of fungal-type bodies on bamboo. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, Play Equipment Warranty You have our word. All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. all rocking equipment including Sway Fun ® gliders, belting material, HealthBeat® resistance mechanism, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. Signed: Date: 01/01/20 11 55 Page 11 of 19 812747.02-New York Server 6A - MSW Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #267817 ©2020 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765 -2118 11 56 Connor Sport Court Intl., Inc. Game Court Components and Accessories Warranty (Valid Upon Registration) Page 12 of 19 812747.02-New York Server 6A - MSW 13 10- Year Limited Warranty For a period of ten (10) years from the date of the installation, Connor Sport Court International, Inc. (herein Sport Court®) and its authorized Representative (herein Distributor/Dealer/Sales Agent) warrants to the Original Purchaser that Sport Court® s Components and Accessories (herein Components and Accessories) are free from any defect(s) in workmanship or material. This Limited Warranty is subject to the Components and Accessories Warranty, Additional Provisions, Limitations/Exclusions and Registration of Warranty provisions set forth below. COMPONENTS AND ACCESSORIES WARRANTY During the 10-year period covered under this Components and Accessories Warranty, Sport Court® will replace/repair any defective Component(s) or Accessory(ies) under the following schedule: Basketball Systems, including height adjustment mechanism, arms and actuators; basketball poles, backboards, winches, basketball rims, and anchors; and other s teel components including light and net poles, light bars, rebounder frames, poles and sleeves; 0 3 Years, no charge to Original Purchaser. 4 7 Years, 50% of List Price (as defined below) to Original Purchaser. 8 10 Years, 70% of List Price (as defined below) to Original Purchaser. Light bulbs and lenses, court nets, ball containment netting, game equipment (excluding balls), backboard and pole pads only as follows: 0 1 Year, no charge to Original Purchaser. This Components and Accessories Warranty is subject to the Additional Provisions, Limitations/Exclusions and Registration of Warranty Provisions set forth below and specifically excludes any aesthetic oxidation/rust of/to any Components incident to or arising from the installment/use of any Components in an outdoor setting. ADDITIONAL PROVISIONS At its option, Sport Court® may replace/repair any defective aspect of the Components or the Accessories covered by any of the foregoing Warranties, according to the schedules set forth herein. For purposes of the foregoing Warranties, List Price shall mean the prevailing retail price as of the date any Component(s)/Accessory(ies) that may be replaced. Original Purchaser s refusal, or failure, to pay his/her portion of any replacement costs due und er the foregoing Warranties renders the foregoing Warranties void and unenforceable and relieves Sport Court® and Distributor/Dealer/Sales Agent of any further obligation(s) under any of the foregoing Warranties. LIMITATIONS/EXCLUSIONS Sport Court® s Warranties herein are void and unenforceable as to the Original Purchaser if: Page 1 of 3 Your Sport Our CourtTM Rev. 4/6/2006 57 Connor Sport Court Intl., Inc. Game Court Components and Accessories Warranty (Valid Upon Registration) Page 13 of 19 812747.02-New York Server 6A - MSW Original Purchaser fails to maintain the Component(s) or Accesory(ies) in accordance with Sport Court® s approved maintenance procedures; or The Component(s) or Accessory(ies) have been misused, used in other than approv ed applications, or damaged by accident, unreasonable use, abuse, neglect, act(s) of God, or any other cause not directly due to any defect(s) in material(s) or workmanship of the Component(s) or Accessory(ies); or The Component(s) or Accessory(ies) have been exposed to any use(s)/load(s) in excess of Sport Court® s specifications that have been provided to Original Purchaser by Distributor/Dealer/Sales Agent at the time of installation. If the Original Purchaser cannot locate the specification sheet, Sport Court® will provide the same upon request, or Original Purchaser may visit Sport Court® s website at www.sportcourt.com to obtain a copy of the same. Original Purchaser does not utilize Distributor/Dealer/Sales Agent to install the Component(s) or Accessory(ies) and the alleged defect(s) in workmanship or material result from or is/are incident to, in whole or in part, the installation of any Component(s) or Accessory(ies). Sport Court® is not a joint venturer with, or partner, affiliate, agent or representative of, any Distributor/Dealer/Sales Agent or any others, and only authorized officers of Sport Court ® have the authority to bind or obligate Sport Court® in connection with the foregoing Warranties or in any other manner whatsoever. Except as provided herein, Sport Court® does not warrant or guarantee installation. Any alteration or amendment of the foregoing Warranties without the prior written consent of Sport Court® shall invalidate the foregoing Warranties in their entirety. NO WARRANTIES, EXPRESSED OR IMPLIED, ARE MADE BEYOND THOSE WARRANTIES SET FORTH HEREIN. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY(IES) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO ANY COMPONENT(S) OR ACCESSORY(IES) ARE EXCLUDED. NEITHER SPORT COURT® NOR THE DISTRIBUTOR/DEALER/SALES AGENT SHALL BE LIABLE OR RESPONSIBLE TO THE ORIGINAL PURCHASER FOR ANY LOST PROFITS/WAGES, INCONVENIENCE, COMMERCIAL LOSS, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED OR SUSTAINED BY THE ORIGINAL PURCHASER. SPORT COURT® S MAXIMUM RESPONSIBILITY TO THE ORIGINAL PURCHASER UNDER THE FOREGOING WARRANTIES IS/ARE LIMITED TO THE TOTAL PRICE PAID BY THE ORIGINAL PURCHASER TO SPORT COURT® FOR THE COMPONENT(S)/ACCESSORY(IES). THE FOREGOING DAMAGE LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE ORIGINAL PURCHASER ASSERTS ANY CLAIM(S) FOR BREACH OF WARRANTY/CONTRACT, STRICT LIABILITY OR TORTIOUS MISCONDUCT AND REGARDLESS OF WHETHER SPORT COURT® HAS BEEN ADVISED OF ANY POTENTIAL FOR DAMAGE(S) TO THE ORIGINAL PURCHASER PRIOR TO ACCRUAL OF ANY CLAIM(S) BY, TO, OR FOR THE BENEFIT OF THE ORIGINAL PURCHASER. THE FOREGOING WARRANTIES MAY NOT BE ASSIGNED OR TRANSFERRED BY THE ORIGINAL PURCHASER. SPORT COURT® S AND DISTRIBUTOR S/SALES AGENT S OBLIGATIONS UNDER THE FOREGOING WARRANTIES ARE EXTINGUISHED UPON THE ORIGINAL PURCHASER S SALE, ASSIGNMENT, TRANSFER OR RELOCATION OF THE COMPONENT(S)/ACCESSORY(IES) FROM THE SITE THE COMPONENT(S)/ACCESSORY(IES) WAS/WERE ORIGINALLY INSTALLED BY DISTRIBUTOR/DEALER/SALES AGENT. IF THE ORIGINAL PURCHASER SELLS, ASSIGNS Page 2 of 3 Your Sport Our CourtTM Rev. 4/6/2006 58 Connor Sport Court Intl., Inc. Game Court Components and Accessories Warranty (Valid Upon Registration) Page 14 of 19 812747.02-New York Server 6A - MSW OR TRANSFERS THE COMPONENT(S)/ACCESSORY(IES) AS A FIXTURE TO THE REAL PROPERTY UPON WHICH THE COMPONENT(S)/ACCESSORY(IES) WAS/WERE ORIGINALLY INSTALLED, SPORT COURT® AND DISTRIBUTOR/DEALER/SALES AGENT SHALL HAVE NO FURTHER OBLIGATIONS UNDER THE FOREGOING WARRANTIES TO ANY PURCHASER, ASSIGNEE OR TRANSFEREE OF THE ORIGINAL PURCHASER. THE FOREGOING WARRANTIES SHALL BE GOVERNED AND INTERPRETED UNDER THE INTERNAL LAWS OF THE STATE OF UTAH WITHOUT REFERENCE TO ANY CHOICE OF LAW PROVISION(S) OF ANY OTHER STATE OR JURISDICTION. REGISTRATION OF WARRANTY Registration of this warranty may be accomplished by: The authorized Sport Court® Distributor/Dealer/Sales Agent will submit Original Purchaser s name and information to the Warranty Registration Database at the Sport Court® corporate office. If the authorized Sport Court® Distributor/Dealer/Sales Agent fails to correctly register the Customer s warranty, then Sport Court®’s obligations under this Warranty shall become effective on the date of Distributor s/Dealer s/Sales Agent s installation of the Component(s) or Accessory(ies). If the Component(s) or Accessory(ies) is/are nor installed by any Distributor/Dealer/Sales Agent of Sport Court, then this Warranty shall become effective upon Original Purchaser s full payment for the Component(s) or Accessory(ies). Page 3 of 3 Your Sport Our CourtTM Rev. 4/6/2006 59 Page 15 of 19 812747.02-New York Server 6A - MSW Outdoor Surface Warranty 15- Year Limited Warranty For a period of fifteen (15) years from the date of installation, Sport Court ® warrants to the Original Purchaser (herein Purchaser) that Sport Court’s Outdoor Surface tiles (herein Tiles) are free from any defect in workmanship or material. This 15-Year Limited Warranty is subject to the Outdoor Surface Tiles Warranty, Replacement or Repair of Product, Limitations and Exclusions, and Warranty Registration and Claim Procedure provisions set forth below. Outdoor Surface Tiles Warranty During the fifteen (15) year period covered under this Outdoor Surface Tiles Warranty, Sport Court through its authorized Distributors, Dealer or Sales Agent (herein Agent) will replace or repair any defective tiles under the following schedule: 0 to 5 Years - No charge to Purchaser. 6 to 7 Years - 60% of List Price (as defined below) charge to Purchaser. 8 to 15 Years - 75% of List Price (as defined below) charge to Purchaser. Replacement or Repair of Product At its option, Sport Court may replace or repair any defective Tiles or Surface component covered by this Warranty according to the schedule herein. List Price shall mean the prevailing retail price as of the date on which any warranty claim is filed with Sport Court. Purchaser’s refusal or failure to pay their portion of any replacement costs due under this Warranty renders the Warranty void and unenforceable and relieves Sport Court and its authorized Agent of any further obligation under this Warranty. Limitations and Exclusions Sport Court warranties are void and unenforceable if: a) Purchaser fails to maintain the Tiles in accordance with the Sport Court approved maintenance procedures; or b) The Tiles have been misused, used in other than approved applications or damaged by accident, unreasonable use, abuse, neglect, acts of God, or any other cause not directly due to any defect in materials or workmanship of the Tiles; or c) The Tiles have been exposed to any uses or loads in excess of the Sport Court specifications provided to Purchaser by Agent at the time of installation. If the Purchaser cannot locate the specification sheet, Sport Court will provide the same upon request, or Purchaser may visit Sport Court’s website at www.sportcourt.com to obtain a copy of the same. SW-0012-A Page 1 of 2 02/01/2011 Effective Date: January 1, 2011 60 Page 16 of 19 812747.02-New York Server 6A - MSW Sport Court is not a joint venture with, or partner, affiliate, or representative of, any Agent, or any others, and only authorized officers of Sport Court have the authority to bind or obligate Sport Court in connection with this Warranty or in any other manner whatsoever. Except as provided herein, Sport Court does not warrant installation. Any alteration or amendment of this Warranty without the prior written consent of Sport Court shall invalidate this Warranty in its entirety. NO WARRANTIES, EXPRESSED OR IMPLIED, ARE MADE BEYOND THE WARRANTIES SET FORTH HEREIN. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO ANY FLOORING IS EXCLUDED. NEITHER SPORT COURT NOR THE AGENT SHALL BE LIABLE OR RESPONSIBLE TO THE PURCHASER FOR ANY LOST PROFITS OR WAGES, INCONVENIENCE, COMMERCIAL LOSS, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES SUFFERED OR SUSTAINED BY THE PURCHASER. THE MAXIMUM RESPONSIBILITY OF SPORT COURT TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE TOTAL PRICE PAID BY THE PURCHASER TO SPORT COURT OR ITS AGENT FOR THE FLOORING. THE FOREGOING DAMAGE LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE PURCHASER ASSERTS ANY CLAIM FOR BREACH OF WARRANTY OR CONTRACT, STRICT LIABILITY OR TORTIOUS MISCONDUC T, AND REGARDLESS OF WHETHER SPORT COURT HAS BEEN ADVISED OF ANY POTENTIAL FOR DAMAGES TO THE PURCHASER PRIOR TO ACCRUAL OF ANY CLAIM BY, TO, OR FOR THE BENEFIT OF THE PURCHASER. THE FOREGOING WARRANTY MAY NOT BE ASSIGNED OR TRANSFERRED BY THE PURCHASER. THE OBLIGATIONS OF SPORT COURT AND ITS AUTHORIZED AGENT UNDER THIS WARRANTY ARE EXTINGUISHED UPON THE PURCHASER’S SALE, ASSIGNMENT, TRANSFER, OR RELOCATION OF THE FLOORING FROM THE SITE WHERE THE FLOORING WAS ORIGINALLY INSTALLED BY AGENT. IF THE PURCHASER SELLS, ASSIGNS, OR TRANSFERS THE FLOORING AS A FIXTURE TO THE REAL PROPERTY UPON WHICH THE FLOORING WAS ORIGINALLY INSTALLED, SPORT COURT AND ITS AUTHORIZED AGENT SHALL HAVE NO FURTHER OBLIGATION UNDER THIS WARRANTY TO THE PURCHASER, OR ANY ASSIGNEE, OR TRANSFEREE OF THE PURCHASER. THE FOREGOING WARRANTY SHALL BE GOVERNED AND INTERPRETED UNDER THE INTERNAL LAWS OF THE STATE OF UTAH WITHOUT REFERENCE TO ANY CHOICE OF LAW OR PROVISION OF ANY OTHER STATE OR JURISDICTION. Warranty Registration and Claim Procedure The Agent will register this Warranty. If the authorized Agent fails to register the warranty, then the obligation of Sport Court under this Warranty shall become effective on the date of installation. Should you have a problem with any Sport Court product, please contact your Sport Court Agent. To file a claim under this Warranty, Sport Court or its authorized Agent may request photos and tile samples. SW-0012-A Page 2 of 2 02/01/2011 Effective Date: January 1, 2011 61 18 Page 17 of 19 812747.02-New York Server 6A - MSW Build Site Expectations and Code of Conduct KABOOM! believes a playspace Build site should be a safe, inclusive environment with a welcoming atmosphere for each participant. Across the site, from balloons and playful banners to managing tool safety, participants at a KABOOM! Build site should feel comfortable, respected and able to participate in a meaningful way. All participants (including employees, vendors, visitors and volunteers) shall comply with the following practices and code of conduct: • No smoking, alcohol or drugs o KABOOM! sites are non-smoking, tobacco-free areas (this includes chewing tobacco and electronic cigarettes). Participants wishing to take a break to use tobacco products must leave the Build site area and are expected to comply with applicable laws and regulations further prohibiting the use of tobacco products in or around the property (example: smoke-free school zone). o The use of alcoholic beverages or drugs is prohibited anywhere in or around the Build site. • Family-friendly language o All Build Days should feel like a celebration that is inclusive and respectful to all participants. KABOOM! will work with the Community Partner to incorporate upbeat music into the day. The music must be family- friendly, with no expletives, nor any lyrics or content that may be demeaning to any race, reli gion, gender identity, age, ethnicity, sexual orientation, disability or other characteristic. o Participants must not use profane or obscene language on a KABOOM! Build sites. o Language or innuendos that degrade or demean a person of any race, religion, gender identity, age, ethnicity, sexual orientation, disability or other characteristic are prohibited on a KABOOM! Build site. • Safety o A KABOOM! Build is an active construction site. There are many deep holes and other moving parts on a KABOOM! site. Volunteers are reminded to be careful and mindful of safety for everyone throughout the day. o There will be no power tools operated on Build Day, with the exception of corded or cordless drills. Anyone operating a drill should wear safety goggles. o Gloves, dust masks, ear plugs and other safety supplies are available for participants' use. o While KABOOM! Builds happen rain or shine, a clearly outlined evacuation plan will be in place prior to Build Day in the event of lightning or extremely inclement weather. o Youth may participate in the youth activities area or other projects designated by the KABOOM! staff outside of the playground footprint, but not in the playground footprint. • Open Carry o KABOOM! is committed to providing a safe and inviting atmosphere for all of our volunteers and staff. We request that participants do not bring firearms onto our playgrounds even in states where ‘open carry’ is permitted. Any participant observing a violation of this code of conduct, should promptly advise a KABOOM! staff member on site. The staff member will advise the Community Partner so that it may address the situation with the individual(s) involved. All KABOOM! staff members on site shall endeavor to promote a safe, welcoming, inclusive and fun environments for all participants. 62 18 Page 18 of 19 812747.02-New York Server 6A - MSW Corporate Sponsorship Policy The purpose of the Corporate Sponsorship Policy is to ensure that recognition of the play space project and the new play space area are reserved for the Community Partner and the Funding Partner. The Community Partner must ensure the following: • Volunteers recruited from organizations, companies, or local businesses should be in limited to groups of 10 or less • No branded clothing or signage from groups other than the Community and Funding Partner can be worn during Build Week • Volunteers cannot wear hats, shirts, buttons, etc. identifying them as part of another group organization • Only the Funding Partner, Community Partner, and KABOOM! will have permanent signage or recognition on the project site. Other partners of the community project can be recognized on temporary signage, such as a banner. • Community Partners cannot solicit support from direct competitors of the Funding Partner • If a restaurant donates food, they may include menus or cards on the serving table 63 May 5, 2025 Dear KABOOM!, For good and valuable consideration, receipt of which is hereby acknowledged, I am writing to KABOOM!, Inc. on behalf of the Tukwila School District and Board of Directors to give permission to The City of Tukwila to build a playground at 11646 42nd Ave S, Tukwila, WA, 91888 using the following: a supervised volunteer installation, engineered wood fiber safety surfacing (understanding using such surfacing requires the removal of any asphalt or concrete to create a flat dirt surface base), Landscape Structures Inc. equipment. The City of Tukwila also agrees to maintain the playground at the completion of the Build Day. The Tukwila School District will allow the names and logos of the Funding Partner and KABOOM! on permanent playground signage (a sample can be provided). Playground signage is 19.5 inches wide by 27.725 inches tall and mounted on poles. The sign will be erected in a mutually agreed-upon location and in accordance with Tukwila School District’s guidelines regarding corporate signage. If Tukwila School District has specific guidelines regarding corporate signage on its property, please attach those guidelines to this Agreement. The Tukwila School District warrants and represents to KABOOM!, Inc. that it is the sole owner of the land and that KABOOM!, Inc. does not need to secure permission from any third party in order to build the playground on the land as outlined herein. Tukwila School District acknowledges that the City of Tukwila is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KABOOM! and/or its funding partners. If the City of Tukwila is selected, the City of Tukwila has permission to sign the Letter of Agreement that outlines the obligations of the playground project. If you need further information, I can be reached at (206) 901-8000 or pedrozac@tukwila.wednet.edu. Sincerely, Dr. Concie Pedroza Superintendent Tukwila School District Attachment C 64 DU W A M I S H P A R K RE N O V A T I O N A N D 11 6 TH A N D T H E G R E E N RI V E R T R A I L Tu k w i l a , W A Tu k w i l a D e p a r t m e n t o f P a r k s a n d R e c r e a t i o n De s i g n P a c k a g e Au g u s t 0 6 , 2 0 2 4 DP D # : 2 0 2 3 0 6 3 $$ WW D F K P H Q W  ' 65 2 Du w a m i s h P a r k R e n o v a t i o n a n d 1 1 6 th a n d G r e e n R i v e r T r a i l | T u k w i l a , W A | d e s i g n P a c k a g e | 0 8 . 0 6 . 2 0 2 4 DU W A M I S H P A R K R E N O V A T I O N | MA T E R I A L S AR T I F I C I A L L A W N NA T U R A L L A W N DE C O R A T I V E C O N C R E T E PL A N T I N G A R E A S CO N C R E T E P A T H W A Y S AS P H A L T GR A V E L P A R K I N G PI C N I C S H E L T E R 66 3 Du w a m i s h P a r k R e n o v a t i o n a n d 1 1 6 th a n d G r e e n R i v e r T r a i l | T u k w i l a , W A | d e s i g n P a c k a g e | 0 8 . 0 6 . 2 0 2 4 P L A Y E Q U I P M E N T | PR I C I N G 12 34 56 1 2 3 4 5 6 1 2 3 4 5 6 3/ $ <  ( 4 8 , 3 0 ( 1 7  3 5 , & , 1 * 47 < 0 R G H O 0D Q X I D F W X U H U 3U L F H  / H Y H O  8 S       % H U O L Q H U          6 Z L Q J R    %H U O L Q H U         : L Q G  5 L G H U %H U O L Q H U         ) U H H  5 L G H U %H U O L Q H U         & D W  7 D L O   %H U O L Q H U       & D W  7 D L O   %H U O L Q H U      *U D Q G  W R W D O        67 4 Du w a m i s h P a r k R e n o v a t i o n a n d 1 1 6 th a n d G r e e n R i v e r T r a i l | T u k w i l a , W A | d e s i g n P a c k a g e | 0 8 . 0 6 . 2 0 2 4 PI C N I C S H E L T E R WO O D S O F F I T MO N O S L O P E R O O F P I C N I C S H E L T E R RO O F C O L O R P O W D E R C O A T C O L O R                       68 5 Du w a m i s h P a r k R e n o v a t i o n a n d 1 1 6 th a n d G r e e n R i v e r T r a i l | T u k w i l a , W A | d e s i g n P a c k a g e | 0 8 . 0 6 . 2 0 2 4 SP O R T C O U R T | S U R F A C I N G AD U L T F O U R S Q U A R E C O U R T W I T H B L U E S U R F A C I N G BA S K E T B A L L C O U R T W I T H B L U E S U R F A C I N G D E C O R A T I V E S U R F A C I N G O P T I O N S YO U T H F O U R S Q U A R E C O U R T I N S E T I N T O A D U L T C O U R T 69 6 Du w a m i s h P a r k R e n o v a t i o n a n d 1 1 6 th a n d G r e e n R i v e r T r a i l | T u k w i l a , W A | d e s i g n P a c k a g e | 0 8 . 0 6 . 2 0 2 4 SY N T H E T I C L A W N S P O R T F I E L D MO U N D E D N A T U R A L L A W N A N D P L A N T I N G S SY N T H E T I C L A W N S P O R T S F I E L D 70 The city of opportunity, the community of choice TO: Mayor McLeod Councilmembers FROM: Marty Wine, City Administrator DATE: May 13, 2025 SUBJECT: City Administrator’s Report The City Administrator Report is meant to provide the Council, staff, and the community with an update on the activities of the City and on issues that concern Tukwila. Please let me know if you have any questions or need additional information about any of the following items. I. Intergovernmental Update • Northwest Region Organic Summit: Public Works staff attended the Washington Department of Ecology’s Northwest Region Organic Summit in Shoreline on May 1. Other municipalities, haulers, businesses, and non-profits interested in organics reduction were also in attendance. • King County Regional Transit Safety Task Force: On May 1 Mayor McLeod participated in a King County Regional Transit Safety Task Force meeting. • King County Parks & Recreation Directors Meeting: Parks & Recreation hosted the latest King County Parks & Recreation Directors Meeting at Foster Golf Links on May 2. The main topic of the meeting was an overview of the proposed 2026 – 2031 King County Parks Levy, which will be on the August 5 election ballot. • Tukwila School District Meeting: Human Services staff attended the monthly Tukwila School District meeting on May 6 focusing on non-profits working with kids/families: REACH Center of Hope, El Centro de la Raza, Friends of Youth. • Lunch & Learn with Secretary of Transportation: On May 7 Mayor McLeod and Economic Development staff participated in a Lunch & Learn event with Washington Secretary of Transportation Julie Meredith. • WRIA 9 Watershed Ecosystem Forum: On May 8 Mayor McLeod participated in a WRIA 9 Watershed Ecosystem Forum hosted by Covington. • Greater Seattle Partners Event: Economic Development staff attended an event coordinated by Greater Seattle Partners showing our region to companies from other countries who want to do business here. 71 City Administrator’s Report May 13, 2025 Page 2 II. Community Events • Cooking to Prevent Food Waste Classes: Public Works held Cooking to Prevent Food Waste classes on April 28 and 29 at the Tukwila Community Center. Food waste reduction kits were provided to a total of 23 participants. • Airport University Class Presentation: Transportation Demand Management staff presented to Airport University classes on May 6 and May 7 and distributed ORCA cards. • Urban Birding 101: On May 8 the Green Tukwila program and the Washington Department of Fish and Wildlife hosted an educational workshop Urban Birding 101 at the Tukwila Community Center. May is nesting season for birds, and participants learned how to support nesting birds and what to do if they find a nest. • Summer Events: Parks & Recreation summer events can be found at http://tukwilawa.gov/SummerEvents. III. Staff Updates Public Safety • Old Navy Safety Event: On April 26 Tukwila Police officers attended a safety event at Old Navy sponsored by the National Center for Missing and Exploited Children. • Annual Police Community Academy: On April 29 the Tukwila Police Department concluded our annual police community academy. The academy students were presented with completion certificates as well as cakes to celebrate their achievements. • Hero Night at Chick-Fil-A: Several officers participated in Hero Night at Chick-Fil-A which included several vehicles for kids to check out. Project Updates • Tour of Recology’s Materials Recovery Facility: On April 29 City staff participated in a tour of Recology’s Materials Recovery Facility. • Cedar Grove Composting Tour: Staff members took a tour of Cedar Grove Composting during International Compost Awareness Week (May 5-11). • Partnership with King Conservation District: The City of Tukwila has partnered with King Conservation District and commissioned a project team to assess the natural infrastructure (open spaces, urban forest, green stormwater infrastructure, etc.) within the city and its value to support clean air and water, vibrant recreational spaces, and more. This project will help the City secure funding opportunities for future tree canopy work and restoration efforts. • Prose Southcenter: The Prose Southcenter project, a seven-story, mixed-use apartment community in the Tukwila Urban Center is complete. The project adds 285 market-rate residential units and supports the City’s vision for a vibrant, transit-accessible urban core. • 149th 150th Watermain: Individual services, followed by pressure testing, flushing and disinfection are set to begin on 149th Road. Once 149th Road is complete, work will begin on 150th Road. The estimated duration is approximately one month. • Green River Trail Improvements: Luminaires are up. One of them appears to have a factory defect and is scheduled to be replaced. 72 City Administrator’s Report May 13, 2025 Page 3 • Surface Water Project: Stormwater Outfall Water Quality Outfall Retrofit. Night work will start in June on SR 599 off-ramp (north) to Tukwila Intl. Blvd. (TIB) and eastbound TIB (right lane) weekly Sun-Thu 9pm to 5am, Sat 10pm-7am, expect 6 weeks of construction. Boards, Commissions and Committees We welcome the City Council to encourage community members to apply for vacant Board & Commission positions. • Arts Commission: The next meeting is scheduled for May 21, 2025. 2 resident position terms expire March 31, 2026. No vacancies. • Civil Service Commission: The next meeting is scheduled for May 15, 2025. 1 resident position term expires March 31, 2026. No vacancies. • UCOPCABU: The next meeting is scheduled for June 12, 2025. 3 resident position terms expire March 31, 2026. VACANT: 1 Business Position and Student Representative. • Equity & Social Justice Commission: The next meeting is scheduled for June 5, 2025. 1 City Employee position term expires March 31, 2026. 2 Education position terms expire March 31, 2026. 1 Community position term expires March 31, 2026. No vacancies. • Human Services Advisory Board: The next meeting is scheduled for June 12, 2025. 1 Resident position term expires March 31, 2026. 1 School District position term expires March 31, 2026. 1 Medical/Health position term expires March 31, 2026. No vacancies. • Library Advisory Board: The next meeting is scheduled for June 3, 2025. 3 Resident position terms expire March 31, 2026. VACANT: Student Representative. • Lodging Tax Advisory Committee: The next meeting is scheduled for June 13, 2025. All positions are 1-year terms. VACANT: 1 Business Collecting Tax Representative • Park Commission: The next meeting is scheduled for May 14, 2025. 2 Community position terms expire March 31, 2026. VACANT: Student Representative. • Planning Commission: The next meeting is scheduled for May 22, 2025. No vacancies. 73 . F fic dTentative Agenda Schedule MEETING 1 – REGULAR MEETING 2 – C.O.W. MEETING 3 – REGULAR MEETING 4 – C.O.W. MAY 5 See below links for the agenda packets to view the agenda items: May 5, 2025 Special Meeting May 5, 2025 Regular Meeting MAY 12 See below links for the agenda packets to view the agenda items: May 12, 2025 Committee of the Whole Meeting MAY 19 See below links for the agenda packets to view the agenda items: May 19, 2025 Work Session May 19, 2025 Regular Meeting MAY 26 No City Council meeting due to the holiday. MEETING 1 – REGULAR MEETING 2 – C.O.W. MEETING 3 – REGULAR MEETING 4 – C.O.W. JUNE 2 WORK SESSION REGULAR MEETING PRESENTATION - Introduction of “Tukwila, City of Opportunity” scholarship recipients. - King County Long-Term Disposal Study results. CONSENT AGENDA - Grant acceptance of RCO Brian Abbott Fish Barrier for Gilliam Creek Project. - An ordinance updating the Tukwila Municipal Code 14.19 “Sewer Connection Fees”. - Accept turnover of underground stormwater bypass pipelines and appurtenant facilities from Prologis- Exchange 3301 South Norfolk LLC and authorize the Mayor to sign turnover related documents (value of transferred assets: $72,088.00). UNFINISHED BUSINESS - An ordinance relating to the Tukwila South Development Agreement. JUNE 9 PUBLIC HEARING - A resolution adopting 6-year Transportation Improvement Program. SPECIAL ISSUES - A resolution adopting the 6-year Transportation Improvement Program. - An ordinance amending the Middle Housing, Accessory Dwelling Unit and Objective Design Standards Code. - Employee Benefit Broker Services Agreement with Gallagher. JUNE 16 WORK SESSION Capital Improvement Program update. REGULAR MEETING CONSENT AGENDA - An ordinance amending the Middle Housing, Accessory Dwelling Unit and Objective Design Standards Code. - A contract amendment for B-Force Parks Security Services. - A resolution adopting the 6-year Transportation Improvement Program. - A resolution adopting the 2026 Work Plan and Operating Budget for South King Housing & Homelessness Partners (SKHHP). - A contract for Tukwila Parks, Recreation and Open Space (PROS) Plan Request for Proposals. - Employee Benefit Broker Services Agreement with Gallagher. UNFINISHED BUSINESS - A Commerce / EPA Grant for Critical Area Ordinance and NPDES item. JUNE 23 Special Meeting to follow the Committee of the Whole Meeting. 74