HomeMy WebLinkAboutOrd 2776 - Prato District Development AgreementWashington
Ordinance No. 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TUKWILA, SEGALE
PROPERTIES LLC, MAS TUKWILA LLC, AND THEIR
SUCCESSORS AND ASSIGNS FOR THE PRATO DISTRICT
PROJECT (FORMERLY KNOWN AS THE TUKWILA SOUTH
PROJECT); PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Prato District Project comprises approximately 333 acres of real
property, and Segale Properties LLC, a Washington limited liability company, owns
approximately 329 of those acres and MAS TUKWILA LLC, a Washington limited liability
company, owns approximately 4 of those acres, which collectively is known as the "Prato
District 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 seven times, with the First, Third,
Fourth, and Fifth Amendments recorded at King County recording nos. 20100726001101,
20140624000980, 20250109000508, and 20250606000614, respectively, 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, 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 Prato District Project area, which
Segale Properties dedicated to the City pursuant to Section 4.6.2 of the Original Agreement
and as further set forth in a Fire Facilities Agreement (Contract No. 14-065); and
WHEREAS, the effective date of the annexation of the Tukwila South Property to the
City of Tukwila was June 23, 2009; and the Term of the Original Agreement, as revised and
extended, which extension also applies to Section 5.2.3. of the Original Agreement, Scope
2025 Legislation: Approving New Prato District Development Agreement
Version: 11/10/2025
Staff: N. Gierloff & D. Speck
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of Vesting, is set to expire on December 1, 2025, based on Ordinance No. 2761, passed on
June 2, 2025; and
WHEREAS, the City of Tukwila, Segale Properties LLC, and MAS TUKWILA, LLC now
seek to enter into a new development agreement, which must be approved by ordinance or
resolution after a public hearing, and pursuant to RCW 36.70B.200 and TMC 18.86.050, a
public hearing was held for this Ordinance on November 10, 2025; and
WHEREAS, the City Council finds that public benefits result from execution of this new
Development Agreement, including but not limited to: (a) providing certainty to encourage
the required substantial private investment in the planning and development of the Prato
District, (b) securing orderly master planned development for public services, infrastructure
improvements and facilities planning for the City, (c) encouraging development of private
park and open space amenities open to the public in the Prato District, (d) fulfilling and
implementing the City's Comprehensive Plan by encouraging both economic development
and additional residential development in the City, (e) construction of previously -planned
multiple 14-foot wide public trail connections, connecting Southcenter Parkway to the river
levee trail, (f) the creation of future private parks and amenity spaces within the new Prato
District, and (g) generating City revenues in the form of increased property tax base and
construction and sales tax generation as the lands are developed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section I. Findings Adopted and New Development Agreement Approved. The
foregoing recitals are hereby adopted as the Council's legislative findings in support of
this Ordinance, and pursuant to RCW 36.70B.170 through .210 and chapter 18.86 TMC,
the new Development Agreement between the City of Tukwila, Segale Properties LLC,
MAS TUKWILA, LLC, and their successors and assigns, a copy of which is attached
hereto as "Exhibit A" and by this reference fully incorporated herein, is hereby approved
with a term extending through December 31, 2040,
Section 2. Recording Required. Pursuant to RCW 36.70B.190 and TMC 18.86.070,
the new Development Agreement, or a memorandum thereof, shall be recorded against
the Prato District as a covenant running with the land and shall be binding on the Parties
and their heirs, successors and assigns for the term of the new Development Agreement.
Segale shall record the new Development Agreement, and exhibits thereto, and shall pay
the King County recording fee.
Section 3. 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 4. 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
2025 Legislation: Approving New Prato District Development Agreement
Version: 11/10/2025
Staff: N. Gierloff & D. Speck
Page 2 of 3
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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City and shall take effect and be in full force five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this r/44 day of No\xemAk/v , 2025.
ATTEST/AUTHENTICATED:
Andy Youn-Barnett, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Tho as McLeod, ayor
Filed with the City Clerk: //*/1-25
Passed by the City Council: /HI
Published: /(-4)--S--
Effective Date: //-2-5-75
Ordinance Number: 271-4
Attachment: Exhibit A — Development Agreement for the Prato District
2025 Legislation: Approving New Prato District Development Agreement
Version: 11/10/2025
Staff: N. Gierloff & D. Speck
Page 3 of 3
DEVELOPMENT AGREEMENT FOR THE PRATO DISTRICT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into
this day of , 2025, by and among the CITY OF TUKWILA ("City"),
a non -charter, optional code Washington municipal corporation, SEGALE PROPERTIES
LLC, a Washington limited liability company ("Segale") and MAS TUKWILA LLC, a
Washington limited liability company ("MAS") (together, the "Parties").
RECITALS
WHEREAS, the Washington State Legislature has authorized the execution of
development agreements between a local government and a person having ownership or
control of real property within its jurisdiction and between a local government and a person
owning real property outside its boundaries as part of a proposed annexation, pursuant to
RCW 36.70B.170 through RCW 36.70B.210.
WHEREAS, on June 10, 2009, the City and Segale (formerly known as La Pianta
LLC) entered a Development Agreement (the "Original Agreement") regarding the
Tukwila South project, then comprising approximately 512 acres of real property, and
recorded the Original Agreement at King County recording no. 20100726001100, and the
Original Agreement was revised five times, with the First and Third Amendments recorded
at King County recording nos. 20100726001101 and 20140624000980, and two Addenda
recorded at King County recording nos. 20130228000691 and 20130228000692, and the
Second Amendment, dated November 20, 2012, which remains unrecorded.
WHEREAS, the Original Agreement, as revised, is set to expire on December 1,
2025. Any lands included in the Original Agreement but omitted from this Agreement are
subject to the December 1, 2025 expiration date of the Original Agreement. The Parties
intend that this new Agreement supersede the Original Agreement.
WHEREAS, the real property subject to this new Agreement is shown on the
vicinity map attached hereto as Exhibit 1, and is legally described in Exhibit 2, and the real
property subject to this Agreement is known as the "Prato District."
WHEREAS, pursuant to the Original Agreement, many public benefits have been
provided to the City including annexation of 259 acres into the City of Tukwila, resulting
in City tax revenues from those lands, both before and after development, together with
many improvements and enhancements to the infrastructure needed to serve this
underutilized and underdeveloped area of the City, including (a) construction and
dedication of new South 184th Place, including a 60-foot wide right-of-way, with 2,000
linear feet of new improved three -lane roadway with utilities, (b) net dedication of 6.05
acres of land for Southcenter Parkway with an 83-foot wide right-of-way, (c) dedication of
5.6 acres of land for the City to construct a fire station, (d) contribution of $1.75 million
for construction of new fire station, and a $3 million interest -free advance payment of fire
impact fees through a Fire Facilities Agreement, (e) construction of a private regional
stormwater system that includes capacity and on -going maintenance to also serve City
streets of Southcenter Parkway, South 184th Place, and South 200th, at no cost to the City,
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(f) dedicated 2.2 miles of linear trail easements along the top of the Green River levee, and
(g) constructed 2,200 linear feet of riverward slope and levee to meet Corps of Engineers
safety standards from the cross -levee (located near South 196th) to South 204`h, and
widened the levee top to accommodate the City's 18-foot wide trail easement from the
cross levee to South 204`h
WHEREAS, pursuant to the Original Agreement, many public benefits have been
provided to the City including improvements to the natural environment, such as: (a)
construction of a hydraulic connection to Johnson Creek from the Green River, (b) creation
of the Green River Off -Channel Fish Habitat Area, and (c) utilization of the Sensitive Area
Master Plan approach to consolidate regional fisheries and wetlands functions and create
unencumbered development areas.
WHEREAS, as depicted on Exhibit 7B, the current Frager Road right-of-way is
fragmented into portions that do not precisely align with adjoining property boundaries.
Following the construction of Southcenter Parkway, the depicted right-of-way was initially
conveyed from the City to Segale. However, to maintain access to other property owners,
the City requested that Segale re -dedicate the Frager Road right-of-way to the City,
together with the additional re -aligned right-of-way striped with hashmarks on Exhibit 7B.
This history is relevant to the terms of Section 4.4 below.
WHEREAS, pursuant to the Original Agreement, the City extended and relocated
Southcenter Parkway from South 180th Street to South 200th Street, vacated Frager Road,
transferred ownership of the City Detention Pond, approved zoning to enable up to 10.3
million square feet of new development, provided development certainty by vesting the
Tukwila South project to the development regulations for the term of the Original
Agreement and its extensions, and constructed a new fire station.
WHEREAS, development of the Prato District under this Agreement assures
additional public benefits will be provided to the City, including: (a) meeting objectives of
the City's Comprehensive Plan by encouraging both economic development and additional
residential development in the City, (b) construction of previously planned multiple 14-foot
wide public trail connections, connecting Southcenter Parkway to the river levee trail, (c)
the creation of future private parks and amenity spaces within the new Prato District, and
(d) generating City revenues in the form of increased property tax base and construction
and sales tax generation as the lands are developed.
WHEREAS, the City Council therefore finds public benefit results from execution
of this Agreement, including (a) providing certainty to encourage the required substantial
private investment in the planning and development of the Prato District, (b) securing
orderly master planned development for public services, infrastructure improvements and
facilities planning for the City, (c) encouraging development of private park and open space
amenities open to the public in the Prato District, and (d) fulfilling and implementing the
City's Comprehensive Plan.
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WHEREAS, the Prato District is a master planned project for which site grading is
ongoing, and most utility installation, including installation of regional stormwater
facilities, sewer and water, has already occurred. Site construction was initiated in 2010.
WHEREAS, a final plat creating 3 lots and 14 future development tracts was
approved and recorded at King County recording no. 20180823000390, and this plat
reflects the development and non -development areas associated with protected Native
Growth Protection Areas ("NGPA") depicted on the Sensitive/Critical Areas and
Development and Non -Development Area map of the Prato District found at Exhibit 3.
WHEREAS, a new preliminary plat was filed under L24-0144 and approved on
March 31, 2025, showing a total of 63 lots within future development tracts within the
Prato District.
WHEREAS, Segale intends to develop the Prato District generally consistent with
the Tukwila South Master Plan ("Master Plan"). The Master Plan is a conceptual plan,
and not a regulatory document, which envisions the creation of a major new employment
and housing base. The Master Plan calls for approximately ten million square feet of
development that would be accommodated in a combination of campus style research and
office environments with a mix of other uses such as retail, residential, commercial, hotel
and flex tech. As explained in the Master Plan, "[t]his buildout range and assumed mix of
uses within the planning areas should be considered conceptual; ultimately, market forces
will determine the specific level of development and the mix of uses over the long term.
The potential locations of the various categories of uses shown within the plans on the
following pages are also conceptual and will be determined by market forces." The Master
Plan is attached as Exhibit 4 to this Agreement and incorporated by this reference.
Applicable regulations also control the buildout of the Prato District, including the list of
allowed land uses referenced at TMC 18.41.020.
WHEREAS, Segale's goals for the Prato District, to be implemented through this
Agreement, are for a return on investment, quality public infrastructure and services,
certainty regarding the costs, and flexibility in how and when it develops. The City's goals
in the development of the Prato District include implementing its Comprehensive Plan,
producing positive economic impacts to the City and promoting environmental quality,
mitigating financial risk for City funds, and mitigation of project impacts.
WHEREAS, a development agreement must be approved by ordinance or
resolution after a public hearing.
WHEREAS, State Environmental Policy Act ("SEPA") review of the Tukwila
South project was extensive and culminated in a Final Environmental Impact Statement,
dated July 2005 ("FEIS"), that incorporated a comprehensive Draft Environmental Impact
Statement, dated April 2005 ("DEIS") and was followed by two addenda under permit
E04-015. The City issued an additional SEPA Addendum (based on a 2040 Horizon
Analysis completed by Segale), dated October 6, 2025, to analyze any changed conditions
and extend the environmental review through the term of this Agreement.
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WHEREAS, a public hearing for this Agreement was held on
and the City Council approved this Agreement by Ordinance No.
, 2025.
on
, 2025,
WHEREAS, this Agreement constitutes a final land use action pursuant to RCW
36.70C.020 and is subject to review pursuant to RCW 36.70C.005 et seq.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and
the long-term benefit to both the City and Segale, the Parties hereby agree as follows:
II. AGREEMENT
1. Project Description.
The development in the Prato District will follow the terms and conditions of this
Agreement as well as other applicable development regulations.
2. Planning and Permit Approvals.
2.1 Comprehensive Plan Designation and Zoning. The Prato District lands are
within a subarea within the Land Use element of the City's 2024 Comprehensive Land Use
Plan, as amended ("Comprehensive Plan").
(a) The City's Comprehensive Plan includes a description of the
Tukwila South Overlay district which modifies some areas designated as TVS, HI, LDR,
and MUO. There is a matching Tukwila South Overlay in the City's Municipal Code with
similar underlying zoning classifications.
(b) The Parties acknowledge the overlay combined with underlying
zoning has created confusion.
(c) The Parties agree that Segale along with the other affected property
owners may apply for Zoning and Comprehensive Plan map amendments per the
procedures in TMC 18.84 that would eliminate all underlying zoning classifications within
the Prato District, and all code cross-references to those underlying zones so as to clarify
that the Tukwila South Overlay is a stand-alone zoning classification. The Parties agree
that the applicable zoning and development standards for the Prato District lands are
currently controlled by the Tukwila South Overlay code, Chapter 18.41 Tukwila Municipal
Code (see, Vested Development Regulations below), as an independent zoning
classification, meaning that any remaining underlying zoning classifications have no effect.
2.2 Sensitive Areas Master Plan. The Department of Ecology ("DOE") issued
a Section 401 water quality certification for the Tukwila South Property (Certification
Order No. 2877, dated November 7, 2005) (the "401 Certification"). The City approved
a Sensitive Areas Master Plan ("SAMP") for the Tukwila South property on December 29,
2010, under permit L10-014. The SAMP allowed filling wetlands and piping streams to
create more contiguous developable area in exchange for a series of mitigation actions. As
described in the Memorandum accompanying the SEPA Addendum (2040 Horizon
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Analysis), almost all of these mitigations have been completed and their monitoring periods
have ended, with minor additional work required in the future. The Parties agree that
development of the Prato District is vested to the SAMP, as detailed in Section 5.2 below.
Consistent with the vested SAMP and Code, the vested and final critical area buffer widths
are further depicted on Exhibit 3 to this Agreement.
2.3 Land Use and Construction Permit Process. Land use and construction
permits for development within the Prato District ("Implementing Approval(s)") shall
follow the application and processing requirements in effect on the date of complete
application, and all Implementing Approval applications will be vested to the substantive
standards described in Section 5.2. Applications for Implementing Approvals shall be
made on specific parcels of land within the Prato District ("Development Parcels"). All
fees not specifically addressed in this Agreement will be paid at the time of permit
application or when otherwise due, and in the amounts in effect on the date of application
or when otherwise due. It is anticipated that Implementing Approvals will be sought by a
prospective or new owner or lessee of all or a portion of the Prato District or a successor
or assign of an owner or lessee, who develops and/or occupies a Development Parcel, or
develops and/or occupies buildings thereon as part of the Prato District build out ("Parcel
Builders"), provided, however, that building tenants are not Parcel Builders.
3. Allowable Development and Measurement of Development Limits.
3.1 Maximum Allowable Development limited by trip ceiling. Except as
otherwise provided herein, the maximum allowable development in the Prato District shall
be limited to a maximum of 10,166 Net New Trips from onsite development (the
"Allowable Development").
(a) The "Trip Ceiling" of 10,166 Net New Trips comprises not more
than 2,646 Net New Trips inbound to the Prato District and not more than 7,520 Net New
Trips outbound from the Prato District.
(b) "Net New Trips" shall be estimated using p.m. peak hour vehicle
trips (inbound and outbound) at the perimeter of the Prato District lands, meaning that
internal trips shall not count against the Trip Ceiling.
(c) Transportation impact fees shall apply only to the Net New Trips
allocated to the proposed new development. In the event new development within the Prato
District is proposed which exceeds the Trip Ceiling, that new development shall be subject
to mitigation and concurrency requirements applicable at the time of application.
(d) The 10,166 Net New Trips will be counted for both Segale and MAS
(as to its lands) hereunder for the Term of this Agreement.
(e) As described in the Tukwila South EIS, the existing development
generated a total of 1,241 p.m. peak hour vehicle trips (298 trips inbound and 943 trips
outbound) ("Existing Development Trips"). Existing Development Trips shall not count
against the Trip Ceiling. Existing Development Trips may be used as a credit against trip
generation from new development to the extent existing uses are permanently discontinued
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and/or existing structures are removed ("Credit Trips"). The Existing Development Trips
are detailed in Exhibit 5. Segale may allocate available Credit Trips to the proposed new
individual development, as development occurs, and will use Exhibit 6, described in
Section 5.2 to track the use of Credit Trips.
3.2 Maximum Allowable Development is limited by Building Floor Area.
Except as otherwise provided herein, the maximum allowable development in the Prato
District shall be limited to a maximum development (including any mix of buildings and
permitted uses) of 10.3 million square feet of new building floor area.
(a) For the purposes of determining the floor area of the Allowable
Development, new "Building Floor Area" shall include new floor area generating vehicle
trips, but shall not include floor area that does not generate vehicle trips, such as parking
areas and mechanical space.
3.3 Maximum Allowable Development is limited by Impervious Surfaces. No
more than 85% of the drainage basins served by each stormwater facility may be covered
with impervious surfaces. All applications for Implementing Approvals within the Prato
District shall include disclosure of the percentage of land covered by impervious surfaces.
Following approval of the application, Segale will update the Impervious Surfaces
Tracking Spreadsheet found in Exhibit 10. The Impervious Surfaces Tracking Spreadsheet
shall be filed with every new application for new or re -development.
3.4 Expansion Areas. Parcels commonly known as Gaco-Mitchell have been
evaluated for development together with the Prato District and are possible "Expansion
Areas" and are described on Exhibit 7A. In the event that these Expansion Areas are
acquired by Segale, Segale will provide notice to the City and seek to amend this
Agreement to add the Expansion Areas to the terms of this Agreement.
4. Parties' Obligations Under this Agreement.
The Original Agreement established certain roles and responsibilities for the
development of the Prato District, including, but not limited to, City commitments for
partial funding and construction of certain public infrastructure improvements, and
Segale's commitments to participate in the funding of certain public improvements. Much
of this work has been completed. The work remaining is listed below.
4.1 Sanitary Sewer System. As outlined in the Tukwila South EIS, additional
sewer capacity may be required to serve the Prato District, as the project develops. Sewer
Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the
force sewer main along Andover Park West from Minkler Ave to Strander Blvd (the
"Force Sewer Main") may need to be upgraded to provide sufficient capacity to carry the
additional flows generated by the Prato District. If at any time during the Term (as defined
below in Section 9.13) of this Agreement, a capacity analysis of the system shows that any
of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's
sanitary sewer system necessary to provide service to the Prato District (each a "Facility")
is at 80% or more of its capacity, then the City shall promptly initiate its standard process
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to consider planning, financing and construction for improvement to the Facility (or more
than one) necessary to provide adequate sanitary sewer service to accommodate the
Allowable Development. The City will finance the construction of the Facility through
bonds or any other source of City capital funding and/or through connection fees, sewer
rates or other charges to be paid by all the benefited ratepayers. If the City elects to form
a Utility Local Improvement District ("ULID") or other special district to pay for any
Facility, then Segale and MAS shall execute a No Protest ULID Agreement for the
formation of an ULID to provide said improvements to the City's sanitary sewer system as
outlined herein. The No Protest ULID Agreement shall be in a form acceptable to the City.
Segale, MAS, and other affected Parcel Builders on Prato District lands shall be responsible
for paying citywide sewer system connection charges and fees at the time of each building
permit application, subject to the terms of any applicable No Protest ULID Agreement, as
described herein, and their participation in any ULID or special district assessment.
Construction of the initial Southcenter Parkway sewer line serving the Prato District
was included in the cost of the Southcenter Parkway project. Segale or Parcel Builders on
Prato District lands shall pay sewer connection fees based on TMC 14.19. As required by
Code, notice of sewer availability and connection requirements shall be placed on titles of
properties within the Prato District; and Segale or a Parcel Builder will be required to pay
any recording fees to the City prior to the City's recording. Other charges may be required
under separate laws, e.g., the King County sewage treatment capacity charges.
4.2 Public Access and Open Space and Trails. Restating and adding to
requirements from the Original Agreement, open space and trail amenities will be provided
as follows.
(a) Segale has granted the City an easement for a publicly accessible
north -south trail system from S. 180`h Street to S. 204`h Street, located along the Green
River within the crown of the levee. Segale shall not be responsible for costs of
construction or maintenance of any improvements within the trail easement. It is possible
that a third party, such as the local flood control district, will acquire this existing levee
with the City easement and other lands, and construct a levee layback project that may
change the location of the existing levee. In the event that the levee layback project is
pursued, Segale and the City agree to coordinate and cooperate with one another as to the
project location, design and related matters. Segale's end goal is to ensure the Prato District
integrates with adjoining lands and infrastructure and facilities to best assure an attractive
and successful project, and Segale wants to ensure it is provided just compensation for any
lands taken for the levee project. The City's end goal is to obtain a new trail easement
within the crown of any new levee location at no charge to the City to allow for the publicly
accessible north -south trail system described herein. In the event that the levee is
reconstructed, and applicable agencies permit a pedestrian trail to be located on the new
levee location and Segale controls the lands of the new levee location, then, the Parties
shall revise the trail easement to ensure the publicly accessible north -south trail system
follows the crown of the new levee configuration.
(b) Development projects within the Prato District are required to
provide a total of six 14-foot wide publicly accessible pedestrian corridors and connections
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from the bike/pedestrian trail described above through the Prato District, in locations
approved by Segale and City, to off -site pedestrian trails and City rights -of -way. Two of
the six pedestrian corridor locations are to be located north and south of the right-of-
way/frontage of South 200`h Street. The remaining four pedestrian locations will be sited
and constructed as individual sites are developed. The Original Agreement included two
additional trail locations (for a total of eight), which two were to be located at South 180th
Street and Segale Park Drive C, which are associated with redevelopment of lands that are
not included in this Agreement.
4.3 Grading Permit. In accordance with the terms of the Original Agreement,
the City reviewed and issued a clearing and grading permit PW10-064.
(a) Grading permit PW 10-064 remains active as of the date of execution
of this Agreement. The Grading permit PW 10-064 will remain in effect subject to meeting
all City requirements, including regular inspections documenting progress toward
completion of the scope of work and will function as a master grading permit ("Master
Grading Permit"), including, but not limited to, work to prepare building sites, such as
when pre -loading of a building site is necessary. Segale will develop a Master Grading
Permit tracking spreadsheet and map, tracking all work completed and lands covered by
the Master Grading Permit.
(b) Parcel Builders will obtain Implementing Approvals for
development, tied to lots newly created by phased recording of final plats. Following
recording of any final platted lot(s) related to a Parcel Builder's project(s), Segale will
provide the City an updated Master Grading Permit tracking spreadsheet and map
removing the newly created lot(s) from coverage under the Master Grading Permit.
(c) Nothing about the timing for updates to the Master Grading Permit
tracking spreadsheet and map restricts the time at which a Parcel Builder may submit its
applications for Implementing Approvals.
4.4 Vacation of Remaining Portion of Frager Road/Southcenter Parkway. In
the event Segale acquires the Expansion Areas, the City shall vacate and convey to Segale
the area described in the attached Exhibit 7B, which is a portion of Frager
Road/Southcenter Parkway. The vacation shall be at no cost to Segale, in recognition of
the consideration set forth in this Agreement and the value associated with Segale's
dedication of a portion of Southcenter Parkway.
4.5 MAS Tukwila Parcel. MAS owns an approximately four -acre parcel,
abutting Orillia Road and S 204`h Street, King County Tax Parcel no. 0322049062. The
MAS parcel is within the Prato District, such that development of the MAS lands is subject
to this Agreement. MAS's rights and obligations under this Agreement match those of
other Parcel Builders, except as expressly stated herein.
4.6 Periodic Reports. Every five years, Segale agrees to prepare and submit to
the Mayor for review a report that summarizes the progress in implementing this
Agreement, including:
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(a) The amount of development that has occurred as compared to the
Development Limits described in Section 3, and including the number of housing units,
and square feet of commercial uses;
(b) Community benefits provided and a summary of future planned
(c) The trip tracking spreadsheet, compared to the total number of trips
(d) The Impervious Surfaces Tracking Spreadsheet, compared to the
total impervious surfaces allowed; and
(e) Stormwater Monitoring Results based on annual data collection as
set forth in Exhibit 11.
development;
allowed;
5. Development Standards.
The Prato District will be developed under the jurisdiction of the City pursuant to
the terms and conditions of this Agreement. This Agreement sets forth the development
standards, mitigation measures, and other conditions of development.
5.1 Native Growth Protection Areas (NGPA). No development shall be
permitted to occur in a Native Growth Protection Area except City -approved trails, the
Orillia Road Connector and utilities (including, but not limited to, electrical transmission
lines, water and sewer system lines), and access roads for levee maintenance. NGPAs shall
be left permanently in an undisturbed vegetated state and shall not be cleared or improved
except as necessary to (1) prune or remove dead or diseased trees, (2) remove invasive or
exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life
or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that
must be kept clear, (4) maintain mitigation areas, or (5) permit the work expressly
described in this Section 5.1. For the purposes of this Agreement, the NGPAs are identified
in Exhibit 3 attached hereto.
5.2 Vesting of Development Regulations. Development of the Prato District is
vested to the Tukwila Municipal Code ("TMC") development regulations and standards
denoted in Exhibit 8 and in effect on the date of mutual execution of this Agreement
through the term of this Agreement at Section 9.13 ("Vested Development Regulations").
Development of the Prato District shall not be subject to any amendments to, or
replacements of, the Vested Development Regulations. The following is a summary list of
the TMC Chapters containing in whole or in part the Vested Development Regulations that
are set forth in detail in Exhibit 8:
(a) TMC Chapter 9.50 (Concurrency Management)
(b) TMC Chapter 14.19 (Sewer Connections — Preliminary Plat of
Tukwila South)
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(c) TMC Chapter 14.30 (Surface Water Management)
(d) TMC Chapter 17.08 (Boundary Line Adjustments and Lot
Consolidations)
(e) TMC Chapter 17.12 (Detailed Procedures for Short Subdivisions)
(f) TMC Chapter 17.14 (Detailed Procedures for Long Subdivisions)
(g) TMC Chapter 17.16 (Detailed Procedures for Binding Site
Improvement Plans (BSIPs))
(h) TMC Chapter 17.20 (Design and Improvement Standards for the
Subdivision of Land)
TMC Chapter 17.24 (Procedures for Public Improvements)
TMC Chapter 18.02 (Title)
TMC Chapter 18.04 (General Provisions)
TMC Chapter 18.06 (Definitions)
TMC Chapter 18.08 (Districts Established — Map)
TMC Chapter 18.09 (Land Uses Allowed by District)
TMC Chapter 18.41 (Tukwila South Overlay District)
TMC Chapter 18.44 (Shoreline Overlay)
TMC Chapter 18.45 (Environmentally Critical Areas)
TMC Chapter 18.50 (Supplemental Development Standards)
TMC Chapter 18.52 (Landscape Requirements)
TMC Chapter 18.56 (Off-street Parking and Loading Regulations)
TMC Chapter 18.58 (Wireless Communication Facilities)
TMC Chapter 18.60 (Design Review)
TMC Chapter 18.64 (Conditional Use Permits)
TMC Chapter 18.66 (Unclassified Use Permits)
TMC Chapter 18.70 (Nonconforming Lots, Structures and Uses)
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(z) TMC Chapter 18.72 (Variances)
(aa) TMC Chapter 18.80 (Amendments to the Comprehensive Plan)
(bb) TMC Chapter 18.82 (Amendments to Development Regulations)
(cc) TMC Chapter 18.84 (Amendments to the Zoning and
Comprehensive Plan Maps)
(dd) TMC Chapter 18.86 (Development Agreements)
(ee) TMC Title 18, Figure 1 (Shoreline Use Matrix)
(ff) TMC Title 18, Figure 4 (Location and Measurement, Yards on Lots)
(gg) TMC Title 18, Figure 6 (Off -Street Parking Area Dimensions)
(hh) TMC Title 18, Figure 7 (Required Number of Parking Spaces for
Automobiles and Bicycles)
TMC Title 18, Figure 8 (Parking for the Handicapped)
TMC Chapter 21.04 (State Environmental Policy Act)
City of Tukwila Infrastructure Design and Construction Standards
(2025)
5.2.1 Modifications to Vested Development Regulations. A complete
copy of the Vested Development Regulations is included as Exhibit 8. The following
additional development standards and requirements modify certain elements of the Vested
Development Regulations.
5.2.1.1 Stormwater Modifications. The regional stormwater
facilities and conveyance systems have been sized and installed to accommodate the
stormwater drainage from all future development in Prato District and other lands, as
described in the City -approved Technical Information Report for Tukwila South Master
Stormwater Infrastructure Plan (Goldsmith, May 2010, as revised) and the Tukwila South
401 Certification.
(a) Already Constructed Facilities. Pursuant to the
Original Agreement, all of the following have already been constructed: (a) the primary
trunk storm drain within Southcenter Parkway from S. 180`h Street to S. 200`h Street (the
"Trunk Storm Drain"), (b) a detention/water quality facility for the North Basin ("North
Facility") which outflows into the City's S. 180`h Street Pump station (P-15), to route
stormwater either to the Green River or into the King County P-17 Pump Station, and (c)
a detention/water quality facility for the South Basin ("South Facility") which outflows
into the Green River, with emergency overflow to Johnson Creek. The City agrees that the
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Trunk Storm Drain and the North and South Facilities are vested to the regulations in place
at the time of construction and are currently functioning as designed.
Segale agrees to provide within six months of the effective date of this
Agreement a Covenant for Operations and Maintenance of the stormwater facilities to
include the following terms:
(i) permission for the City to access the future
flow control valve between the North detention pond and the City's pump station,
and to access the existing North and South stormwater facilities;
(ii) a requirement for reasonable notice from the
City to Segale before exercising the City's right of access to the flow control valve
or the stormwater facilities;
(iii) permission for the City to use the flow control
valve to shut off the flow from the North detention pond to the City's 180th Street
pump station such as if (examples only):
(1) a shutdown is ordered by the Corps of
Engineers or the King County Flood Control District due to flood conditions
in the Green River, or
(2) the City needs to take the P-15 pump
station offline for scheduled improvements, major repairs, or unscheduled
emergencies and waters from the North detention pond cannot be diverted
to the P-17 pump station;
(iv) authorization for the City to inspect the
Segale stormwater facilities to ensure compliance with its NPDES permit and the
applicable monitoring provisions for those facilities.
(b) Extra -Territorial Lands. The Parties acknowledge
that the North and South Facilities and stormwater facilities within City streets leading to
those ponds were also sized to convey stormwater from certain lands outside the City of
Tukwila and stormwater facilities within City streets leading to such ponds were also sized
to convey stormwater from these extra -territorial lands to the pond. Any future
development located on those lands will be subject to drainage review following any
applicable requirements of the permitting jurisdictions with authority over those lands.
(c) Future Stormwater Facilities. The Parties
acknowledge that new applications for Implementing Approvals in the Prato District will
be evaluated for, and shall be required to provide, On -Site Flow Control Best Management
Practices pursuant to the Stormwater Manual Core Requirement #9. In addition, the Parties
acknowledge that new development permit applications in the Prato District will be
evaluated for, and will be required to provide, water quality controls during construction,
such as temporary erosion and sedimentation control plans. New development also will
provide parcel storm drains for collection and conveyance of runoff from individual
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Development Parcels to the already constructed facilities. Segale will remain responsible
for ensuring adequate collection, storage, and treatment of all stormwater in the Prato
District.
Additionally, Segale agrees to install equipment between the North detention pond and the
City's 180th Street pump station to allow for flow control and monitoring of discharge
quantities.
5.2.1.2 Transportation Concurrency Modifications. All
applications for Implementing Approvals within the Prato District that are below the Trip
Ceiling will be considered exempt from the road transportation concurrency test required
in TMC 9.50.030 and shall instead submit a Trip Generation Report as part of the project
application materials submitted for review by the City. Following approval of the
application, Segale will use the Trip Generation Report to update the trip tracking
spreadsheet found in Exhibit 6 to determine the cumulative Net New Trips and calculate
traffic impact fees. A Trip Generation Report and updated trip tracking spreadsheet shall
be filed with every new application for new or re -development.
5.2.1.3 Clearing and Grading Design Standard Modifications. The
following exceptions to otherwise applicable ordinances shall apply to the Prato District
during the Term of this Agreement:
(a) A significant tree survey and tree replacement plan
are not required within Development Parcels.
(b) Slope grading - Slope stability and slope grading
limitations shall be evaluated within site development areas based on geotechnical
evaluation and applicable codes.
(c) A vegetative restoration plan is not required except
for the wetland mitigation portions of the NGPAs.
(d) Permanent NGPA signs are required.
5.2.1.4 Clearing, Grading and Impervious Area Limitation
Allowance/Modification. The Parties agree that 100% of the Development Area, shown
on Exhibit 3, may be cleared and graded, and within that Development Area, up to 85% of
the land served by each stormwater facility may be covered with impervious surfaces. The
land area of the Expansion Areas is included in this Section 5.2.1.4.
5.2.1.5 Floodplain Development Review. Development in any
areas of the Prato District lying within a 100-year floodplain, as designated by the Federal
Emergency Management Agency ("FEMA"), shall be subject to all laws and regulations
governing development within such FEMA-designated 100-year floodplains that are in
effect at the time of a complete development application (the "Floodplain Regulations").
(a) Within 12 months of the effective date of this
Agreement, Segale will prepare for review by the City a Letter of Map Revision
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("LOMR"). The City shall forward the LOMR to FEMA for review and when the LOMR
is approved by FEMA, future building applications will not be subject to the Floodplain
Regulations.
(b) Applications received prior to the approval of the
LOMR will be reviewed against the current approved flood map and required to comply
with current Floodplain Regulations as set forth above. The City's floodplain review will
utilize the biological evaluation already conducted for the La Pianta Business Campus
Development Project and the conclusions provided by the relevant federal agencies
between 2005 and 2010.
5.2.2 No Vesting to Process or Procedural Codes. When a different
process or procedure is set in this Agreement, for example the processes to be followed for
SEPA and for transportation concurrency, the new process or procedure controls. As to all
other processes, the Vested Development Regulations as compiled in Exhibit 8 do not
include vesting to procedural regulations, such as the decisionmaker for a permit, appeal
procedures, procedures to obtain permit extensions and similar matters, and processes shall
follow then -current codes. The Tukwila Community Development Director or designee
shall be the final decisionmaker for the applicability of City codes and processes to future
permit applications.
5.2.3 Impact Fees. Nothing in this Agreement shall preclude the City
from assessing duly enacted impact fees at the time of any building permit issuance for any
building permit within the Prato District.
5.2.4 Police Power/Pre-emption. Nothing herein relieves Segale of any
obligations it may have during the Term to comply with state or federal laws or regulations
of any kind. The proposed development shall not be vested against the application of
development standards that are imposed by virtue of state or federal pre-emption of the
City's regulatory authority. As provided by RCW 36.70B.170(4), the City reserves the
authority to impose new or different regulations to the extent required by a serious threat
to public health and safety.
5.2.5 Building Codes. The International Building Code, International Fire
Code, and other construction codes in effect in the State of Washington and adopted by the
City as of the date of the filing of a complete application for a building permit shall apply
to all new development and the redevelopment or modification of existing development.
5.2.6 Opting Forward. During the Term of this Agreement, and subject
to Segale's approval, Parcel Builders may choose to waive vesting and develop in
accordance with one or more Tukwila Municipal Code chapters in effect at the time of
filing of a complete permit application on a parcel -by -parcel basis. In the event a Parcel
Builder chooses to waive vesting, the Parcel Builder shall inform the City at the time of
application, and provide proof of Segale's approval to allow the waiver of vesting.
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5.3 Transportation Improvements.
5.3.1 Construction of Orillia Road Connector. As described in the SEPA
Addendum and accompanying documentation, there are no changes to the transportation
mitigation required under the Original Agreement. That mitigation includes a trigger for
Segale to construct, at its own expense, a new, up to four -lane, arterial connector between
Orillia Road S. and Southcenter Parkway Extension ("Orillia Road Connector"). That
trigger calls for Segale to complete construction of the Orillia Road Connector within 6
years following the time 7500 Net New Trips are generated by the Prato District
development (the "Orillia Road Completion Date"). Segale shall, at its own cost, obtain
all state, federal, and local permits and approvals required for the Orillia Road Connector.
Subject to applicable laws and ordinances and the terms and conditions of this
Development Agreement, the City agrees to cooperate with Segale in obtaining such
permits and approvals. A diagram of the Orillia Road improvement is attached hereto as
Exhibit 9.
If the Orillia Road Connector required hereunder cannot be constructed within the
time frame set out herein, then, if Segale desires to continue with new development absent
the construction of this improvement, Segale may, as an alternative to construction of the
Orillia Road Connector, propose to (i) reduce or defer the amount of development proposed
in the Prato District; (ii) implement Transportation Demand Management (TDM)
strategies; and/or (iii) construct other transportation system improvements ("Alternative
Mitigation"). The City may approve such Alternative Mitigation if, with such Alternative
Mitigation in place, the project passes a test under the City's transportation concurrency
management system, applying the requirements of TMC 9.48 and TMC 9.50. Provided
that under no circumstance can implementing Alternative Mitigation measures allow the
construction of more than 10.3 million square feet of new Building Floor Area.
6. SEPA Compliance.
6.1 Prior SEPA Documents. Development within the Prato District as
contemplated in this Agreement has been addressed and analyzed in prior environmental
documents and current SEPA documents, including, but not limited to, environmental
impact documents prepared for Tukwila's Comprehensive Plan, the Tukwila South
Environmental Impact Statement including the "2040 Horizon Analysis" and a SEPA
Addendum (collectively, the "SEPA Documents"). The SEPA Documents shall constitute
compliance to the fullest extent possible under SEPA for all Implementing Approvals
through 2040.
6.2 Further SEPA Review Required. The City may require additional SEPA
review when:
(a) an Implementing Approval or requested modification materially
exceeds the Project Envelope (hereinafter defined) and the Vested Development
Regulations.
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(b) the City concludes (pursuant to SEPA, SEPA Rules, and City SEPA
regulations) that substantial changes have been made to the Prato District so that, as
mitigated, it is likely to have significant adverse impacts not previously analyzed in the
SEPA Documents and which impacts cannot be mitigated below a level of significance by
applicable local, state or federal regulations.
(c) the City concludes (pursuant to SEPA, SEPA Rules, and City SEPA
regulations) that there is new information indicating probable significant adverse
environmental impacts of the Prato District not previously analyzed in the SEPA
Documents that cannot be mitigated below a level of significance by applicable local, state
or federal regulations.
For purposes of this Agreement, "Project Envelope" means the level and range of
development (including maximum structure height, floor area, bulk and use) analyzed
within the preferred alternative reviewed in the Tukwila South EIS and any subsequent
addenda or SEPA Documents. The Project Envelope includes all of the physical aspects
of a general development plan, individual project, or other on -site or off -site physical
improvements as disclosed and analyzed in the Tukwila South EIS. As used herein,
materially exceeds means the proposal, as mitigated, is likely to have significant adverse
impacts not previously analyzed in the SEPA Documents or any other SEPA environmental
document prepared for property within the Prato District area, and which impacts cannot
be mitigated below a level of significance by applicable local, state or federal regulations.
6.3 Written Notice. If the City determines at any time during the Term that it
intends to require additional SEPA review for any Implementing Approval, the City shall
give Segale written notice thereof and provide Segale an opportunity to modify the
Implementing Approval application so as to render such additional SEPA review
unnecessary.
7. Dispute Resolution Process.
7.1 The parties shall use their best efforts to resolve disputes arising out of or
related to this Agreement using good faith negotiations by engaging in the following
dispute escalation process should any such disputes arise:
(a) Level One. Segale's project manager and a City staff or agency
member appropriate to the nature of the dispute (selected from among the City's
Development Supervisor, Building Official, PSRFA Fire Marshal or City Engineer, or a
designee identified by the Administration) shall meet to discuss and attempt to resolve the
dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar
days after referral of that dispute to Level One, either party may refer the dispute to Level
Two.
(b) Level Two. Segale's principal and the City's Community
Development Director or Public Works Director (or a designee of either of the foregoing
identified by the Administration) shall meet to discuss and attempt to resolve the dispute,
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in a timely manner. If they cannot resolve the dispute within fourteen (14) business days
after referral of that dispute to Level Two, either party may refer the dispute to Level Three.
(c) Level Three. Segale's principal (or designee) and the Mayor and
the City Administrator (or the City Administrator's designee) shall meet to discuss and
attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted
to attend Level Three meetings.
(d) Level Four. In the event the dispute is not resolved at Level Three
within fourteen (14) calendar days after referral of that dispute to Level Three, Segale or
the City may refer the dispute to mediation, with a mediator acceptable to the other party,
or if the parties cannot agree upon a mediator, shall request a mutually acceptable dispute
resolution provider to appoint a mediator to assist. Segale and the City shall share equally
the compensation, costs, and expenses of the mediator, but each shall be responsible for
their own fees and expenses of its own witnesses, exhibits, and counsel. The parties to
mediation shall sign an agreement to mediate, which agreement will include a limitation
on the admissibility in any future arbitration or court action of anything said, any admission
made, and any documents prepared in the course of the mediation. Any settlement reached
through mediation shall be documented in writing and signed by the parties. If the parties
to the mediation do not reach a settlement within thirty (30) days after submission of the
matter to the mediator, then the mediator shall issue a notice of termination of the mediation
explaining that the parties were unable to reach agreement.
7.2 Except as otherwise specified in this Agreement, in the event the dispute is
not resolved at Level Four within thirty (30) calendar days after referral of that dispute to
Level Four, either party may refer the dispute to binding arbitration, as set forth herein. At
all times prior to resolution of the dispute, the parties shall continue to perform under this
Agreement in the same manner and under the same terms as existed prior to the dispute.
7.3 In the event that a dispute is referred to binding arbitration, the parties agree
to the following procedure:
(a) Binding arbitration between the parties pursuant to this Section shall
be governed by the rules and procedures set forth in this Section.
(b) Within seven (7) calendar days of the date the dispute is referred to
binding arbitration, each party shall provide the other party with the names of three neutral
arbitrators having significant experience in the subject matter of the dispute and in
arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator
from this panel of six candidates.
(c) If the parties to the dispute are unable to agree upon a single
arbitrator within twenty-eight (28) calendar days of the date the dispute is referred to
binding arbitration, then each party shall designate one arbitrator from its panel of three,
the two arbitrators selected in that manner will choose a third arbitrator from among the
remaining panel members, and this third arbitrator so selected would act as the single
arbitrator for the dispute.
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(d) Upon selection of the arbitrator, said arbitrator shall determine the
question(s) raised within fourteen (14) calendar days, unless a different period of time is
otherwise agreed upon by the parties in writing, provided that issues of arbitrability may
not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable
notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's
determination of the questions raised, unless a different period of time is otherwise agreed
upon by the parties), and place of hearing evidence and argument; take such evidence as
the arbitrator deems relevant, with witnesses required to be sworn; and hear arguments of
counsel or others.
(e) After consideration of all evidence, testimony and arguments, said
single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state
such decision or award in writing. Said decision or award shall be final, binding, and
conclusive on all parties to the arbitration when delivered to them, except as provided in
Subsection 7.3(h). Until the arbitrator issues the first decision or award upon any question
submitted for the arbitration, performance under the Agreement shall continue in the
manner and form existing prior to the rise of such question. After delivery of said first
decision or award, each party shall forthwith comply with said first decision or award
immediately after receiving it.
(f) Segale and the City shall share equally the compensation, costs, and
expenses of the arbitrators, but each shall be responsible for their own fees and expenses
of its own witnesses, exhibits, and counsel. Segale and the City shall pay the compensation,
costs and expenses of the single arbitrator or the additional arbitrator in the board of
arbitrators in equal shares.
(g) The arbitrator shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and Segale under this Agreement.
(h) The arbitrator shall not have the authority to enter any award, the
satisfaction of which by the party to be bound, would be impermissible under any law,
regulation, or funding agreement to which the bound party is subject. The determination
of any such impermissibility shall be made by a court of competent jurisdiction within the
State of Washington and under the laws of the State of Washington. Any such
determination shall be appealable.
7.4 Nothing in this Section 7 shall preclude either party from seeking injunctive
or equitable relief prior to the initiation or completion of this dispute resolution process.
8. Original Agreement Superseded; Amendments to Agreement.
This Agreement supersedes and replaces the Original Agreement between the
Parties and contains all terms, conditions and provisions agreed upon by the Parties hereto,
and this Agreement shall not be modified except by written amendment executed by the
Parties.
(a) Major Amendments. Amendments to this Agreement that
materially modify the intent and policy of the Agreement are Major Amendments and must
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be approved by the Parties and the City Council consistent with state law. An example of
a Major Amendment is a proposal to increase impacts from the Prato District, such as by
increasing the current Trip Ceiling.
(b) Minor Amendments. Amendments that do not materially modify
the intent of this Agreement shall be considered a "Minor Amendment" and shall be
processed pursuant to TMC 18.108.010 as a Type 1 decision. An example of a Minor
Amendment is a revision to the dispute resolution process.
(c) Amendment Process. An amendment to this Agreement may be
requested by Segale or by the City pursuant to the notice provisions herein. The
determination regarding whether an amendment to this Agreement is Minor or Major shall
rest solely with the Community Development Director without any right to appeal by any
Party. In no case may any Party amend this Agreement without the written consent of all
other Parties; provided, that MAS's agreement to execute any amendment to this
Agreement shall not be unreasonably withheld.
9. General Provisions.
9.1 Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
9.2 Recording. This Agreement or a memorandum thereof shall be recorded
against the Prato District as a covenant running with the land and shall be binding on the
Parties and their heirs, successors and assigns for the Term of this Agreement. Segale shall
record this Agreement, and exhibits thereto, and shall pay the King County recording fee.
9.3 Agreement Binding on Successors; Respective Obligations of Segale and
Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the
heirs, successors and assigns of Segale, and upon the City, except as limited and
conditioned in this Agreement. Segale's general duties and obligations under this
Agreement for the Prato District are not intended to be delegated to Parcel Builders unless
a particular duty or obligation, specifically and directly related to the Development Parcel
in question, is expressly imposed by the City as a term or condition of an Implementing
Approval for that Parcel.
9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder; Declaration
of Covenants for Prato District. The Parties acknowledge that development of the Prato
District may involve transfer of undeveloped or partially developed Development Parcels
in the Prato District or the Expansion Areas, each a Development Parcel, to one or more
Parcel Builders. Those Parcel Builders will in turn own, develop and/or occupy portions
of the Prato District and buildings thereon as part of the Prato District. Parcel Builders
shall be obligated with respect to all conditions of Implementing Approvals applicable to
their respective Development Parcels, unless such an obligation is specifically identified
in this Agreement or in the Implementing Approval as that of Segale. Segale anticipates
an owners' association will be created, and private covenants will be adopted for the Prato
District and enforced by the owners' association.
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9.5 Interpretation; Severability.
9.5.1 Interpretation. The parties intend this Agreement to be interpreted
to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall
be construed to exclude from the scope of this Agreement and to reserve to the City, only
that police power authority which is prohibited by law from being subject to a mutual
agreement with consideration. If any Vested Development Regulations conflict with an
otherwise applicable provision of the Tukwila Municipal Code, the Vested Development
Regulations shall control.
9.5.2 Severability. If any provisions of this Agreement are determined to
be unenforceable or invalid in a final decree or judgment by a court of law, then the
remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain
unaffected and in full force and effect. In that event, this Agreement shall thereafter be
modified, as provided immediately hereafter, to implement the intent of the parties to the
maximum extent allowable under law. The parties shall diligently seek to agree to modify
the Agreement consistent with the final court determination, and no party shall undertake
any actions inconsistent with the intent of this Agreement until the modification to this
Agreement has been completed. If the parties do not mutually agree to modifications
within forty-five (45) days after the final court determination, then either party may initiate
the arbitration process under Section 7 for determination of the modifications that will
implement the intent of this Agreement and the final court decision.
9.6 Authority. Each party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Agreement on the terms and
conditions herein stated, and to deliver and perform its obligations under this Agreement.
9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are
incorporated herein by this reference as if fully set forth.
9.8 Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms and conditions
of this Agreement.
9.9 Time of the Essence. Time is of the essence of this Agreement and of every
provision hereof. Unless otherwise set forth in this Agreement, the reference to days shall
mean calendar days. If any time for action occurs on a weekend or legal holiday in the
State of Washington, then the time period shall be extended automatically to the next
business day.
9.10 Entire Agreement. This Agreement represents the entire agreement of the
parties with respect to the subject matter hereof. There are no other agreements, oral or
written, except as expressly set forth herein and this Agreement supersedes all previous
agreements, oral or written.
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9.11 Default and Remedies.
9.11.1 Cures Taking More Than Thirty Days. Except as expressly
provided otherwise in this Agreement, no party shall be in default under this Agreement
unless it has failed to perform as required under this Agreement for a period of thirty (30)
days after written notice of default from any other party. Each notice of default shall
specify the nature of the alleged default and the manner in which the default may be cured
satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured
within the thirty (30) day period, then commencement of the cure within such time period
and the diligent prosecution to completion of the cure shall be deemed a cure.
9.11.2 Rights of Non -Defaulting Party. A party not in default under this
Agreement shall have all rights and remedies provided by law or equity, including, without
limitation, damages, specific performance, or writs to compel performance or require
action consistent with this Agreement.
9.11.3 Attorneys' Fees. In any action to enforce or determine a party's
rights under this Agreement, the prevailing party shall be entitled to attorney's fees and
costs.
9.12 Relief Against Defaulting Party or Portion of Prato District. In recognition
of the anticipated transfers by Segale of parcels of the Prato District to Parcel Builders,
remedies under this Agreement shall be tailored to the Prato District or parties as provided
below.
9.12.1 Relief Limited to Affected Development Parcel. Any claimed
default shall relate as specifically as possible to the portion or Development Parcel of the
Prato District involved, and any remedy against any party shall be limited, to the extent
possible, to the owners of such portion or Development Parcel of the Prato District.
9.12.2 Relief Limited to Affected Owner. To the extent possible, the City
shall seek only those remedies that do not adversely affect the rights, duties or obligations
of any other nondefaulting owner of portions of the Prato District under this Agreement,
and shall seek to utilize the severability provisions set forth in this Agreement.
9.13 Term. The Term of this Agreement expires on December 31, 2040
("Term").
9.14 No Third -Party Beneficiary. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto and their successors and assigns. No
other person shall have any right of action based upon any provision of this Agreement.
Parcel Builders in Tukwila South shall be deemed to be successors under this provision.
9.15 Interpretation. This Agreement has been reviewed and revised by legal
counsel for both parties, and no presumption or rule construing ambiguity against the
drafter of the document shall apply to the interpretation or enforcement of this Agreement.
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9.16 Notice. All communications, notices, and demands of any kind that a party
under this Agreement requires or desires to give to any other party shall be in writing and
either (i) delivered personally, (ii) sent by email with an additional copy mailed first class,
or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested,
and addressed as follows:
If to the City: City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office and
Director of Community Development
Email:
If to Segale:
Segale Properties LLC
P.O. Box 88028
Tukwila, Washington 98138-2028
Attn: Mr. Mark A. Segale
Email: msegale@segaleproperties.com
If to MAS: MAS Tukwila LLC
2711 West Valley Highway North #200
Auburn, Washington 98001
Attn: Matthew Jacobsen, Manager
Email: mjacobsen@fnw-inc.com
Notice by hand delivery, or email shall be effective upon receipt, provided that
notice by email shall be accompanied by mailed notice as set forth herein. If deposited in
the mail, certified mail, return receipt requested, notice shall be deemed delivered forty-
eight (48) hours after deposited. Any party at any time by notice to the other party may
designate a different address or person to which such notice or communication shall be
given.
9.17 Delays. If either party is delayed in the performance of its obligations under
this Agreement due to Force Majeure, then performance of those obligations shall be
excused for the period of delay. For purposes of this Agreement, economic downturns,
loss in value of Segale assets, inability to obtain or retain financing, do not constitute a
force majeure event.
9.18 Indemnification. Except as otherwise specifically provided elsewhere in
this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and
hold harmless the other party and their officers, agents, and employees, or any of them,
from and against any and all claims, actions, suits liability, loss, costs, expenses, and
damages of any nature whatsoever, which are caused by or result from any negligent act or
omission of the party's own officers, agents, and employees in performing services
pursuant to this Agreement. In the event that any suit based upon such a claim, action,
loss, or damage is brought against a party, the party whose negligent action or omissions
gave rise to the claim shall defend the other party at the indemnifying party's sole cost and
22
4917-1761-6759, v. 1
expense; and if final judgment be rendered against the other party and its officers, agents,
and employees or jointly the parties and their respective officers, agents, and employees,
the parties whose actions or omissions gave rise to the claim shall satisfy the same;
provided that, in the event of concurrent negligence, each party shall indemnify and hold
the other parties harmless only to the extent of that party's negligence. The indemnification
to the City hereunder shall be for the benefit of the City as an entity, and not for members
of the general public.
9.19 Prato District Is a Private Undertaking. The Prato District is a private
development and the City has no interest therein except as authorized in the exercise of its
governmental functions.
[End of Agreement with incorporated exhibits and signatures on the following pages]
LIST OF EXHIBITS TO THE DEVELOPMENT AGREEMENT
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
Exhibit 6:
Exhibit 7A:
Exhibit 7B:
Exhibit 8:
Exhibit 9:
Exhibit 10:
Exhibit 11:
Prato District Vicinity Map
Property Legal Descriptions
Prato District Sensitive/Critical Areas and Development and Non -
Development Area Map
Mixed -Use Development Master Plan
Calculation of Existing Development Trips
Prato District Credit Trip Ceiling Tracker
Expansion Areas Legal Description
Frager Road/Southcenter Parkway R.O.W.
Vested Development Regulations
Proposed Orillia Road Connector
Impervious Area Tracking Map and Tukwila South -Prato District
Impervious Surfaces Tracking Spreadsheet
Stormwater Monitoring
23
4917-1761-6759, v. 1
In Witness Whereof, the parties have caused this Agreement to be executed,
effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
By:
Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
SEGALE PROPERTIES LLC, a Washington limited liability company
By: Metro Land Development, Inc.
Its: Manager
By:
Mark A. Segale, President
Date:
MAS TUKWILA LLC, a Washington limited liability company
By:
Date:
24
4917-1761-6759, v. 1
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
25
4917-1761-6759, v. 1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me Mark A. Segale, to me known to be the
person who signed as President of Metro Land Development, Inc., the manager of
SEGALE PROPERTIES LLC, a Washington limited liability company, that executed the
within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that said individual is authorized to execute said instrument.
GIVEN under my hand and official seal this day of , 2025.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
26
4917-1761-6759, v. 1
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me , to me known
to be a of MAS TUKWILA LLC, a Washington limited liability company,
that executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said limited liability company, for the uses and
purposes therein mentioned, and on oath stated that said individual is authorized to execute
said instrument.
GIVEN under my hand and official seal this day of , 2025.
(Print name of notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
27
4917-1761-6759, v. 1
EXHIBIT 1
Prato District Vicinity Map
COLOR COPY OF EXHIBIT 1 IS
ON FILE WITH THE CITY
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PRATO DISTRICT
VICINITY MAP
EXHIBIT 1
LAST REVISED: ± 24 25
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EXHIBIT 2
Property Legal Descriptions
EXHIBIT 2
PROPERTY LEGAL DESCRIPTIONS
TUKWILA SOUTH FINAL PLAT PHASE 1
THE PLAT OF TUKWILA SOUTH PHASE 1 AS FILED IN VOLUME 284 OF PLATS AT
PAGE 72 AND RECORDED UNDER KING COUNTY RECORDING NUMBER
20180823000390.
PARCEL - 352304-9109
PARCEL "B" CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO L16-0070 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 20170605900032.
PARCEL - 032204-9062
PARCEL - A, CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L16-0075 AS
RECORDED UNDER KING COUNTY RECORDING NUMBER 20170501900005.
PARCEL - 032204-9102
BEGINNING AT A STONE MONUMENT WHICH IS THE SOUTHEAST CORNER OF
SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE W.M,; THENCE SOUTH
89° 36'00"WEST ALONG THE SOUTH LINE OF SAID SECTION 3, A DISTANCE OF
1326.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°
36'00"WEST ALONG SAID SECTION LINE 866.40 FEET; THENCE NORTH 26°
08'00"EAST 1477.50 FEET TO THE SOUTH LINE OF SOUTH 204TH STREET; THENCE
SOUTH 89° 37'00"EAST ALONG SAID ROAD, 791.30 FEET; THENCE SOUTH 35°
36'00"WEST 973.80 FEET ALONG THE WEST BANK OF DRAINAGE DITCH; THENCE
SOUTH 00° 38'00WEST 522.90 FEET ALONG THE WEST BANK OF DRAINAGE DITCH
TO THE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL - 352304-9124
NEW PARCEL "C" CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO.
L17-0004, CITY OF SEATAC LOT LINE ADJUSTMENT NO. SUB17-0005 RECORDING
NO 20170605900031.
TOGETHER WITH: THAT PORTION OF VACATED ROAD ADJACENT PER SEA TAC
ORDINANCE NO. 17-1012 AS RECORDED UNDER KING COUNTY RECORDING NO.
20180112000792 (BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER AND NORTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W.M,
KING COUNTY, WASHINGTON.
EXHIBIT 3
Prato District Sensitive/Critical Areas and
Development and Non -Development Areas Map
1S Zl2 5
SCA
SEGALE PROPERTIES LLC
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EXHIBIT 4
Mixed -Use Development Master Plan
COLOR COPY OF EXHIBIT 4 IS ON FILE
WITH THE CITY
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2. Retail as it relates to demand from the market. Curre
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EXHIBIT 5
Calculation of Existing Development Trips
Exhibit 5: Calculation of Existing Development T
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EXHIBIT 6
Prato District Credit Trips Ceiling Tracker
Credit Trips Tracking
Inbound Outbound Total
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Exhibit 6, Page 1: Prato District Credit Trips Tracker
Effective Date April 10, 2025
Credit Trips from Demolished Uses
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Inbound Outbound Total
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61 298 359
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(1) The purpose of this spreadsheet is to track the number of available Credit Trips aLLowed under the 2025 DeveLopment Agreement between the City,
Office (PL10-005) did not receive trip credits.
SegaLe Properties, and MAS. Under the DA, SegaLe Properties may use the available trips as credits instead of paying traffic impact fees on that number
of trips for new development in the Prato District.
(2) SegaLe Properties may assign Existing Development Trips as a credit against trip generation from new development to the extent existing uses are
permanently discontinued and/or existing structures are removed. SegaLe and City wiLL update this information when structures are demoLished and
when new development uses Credit Trips to reduce traffic impact fees.
(3) The Existing Development Trips were based on the 2009 EIS. After the expiration of the 2009 Development Agreement, Credit Trips onLy apply for the
Prato District. The Existing DeveLopment Trips for non -Prato District properties are shown above for historicaL context.
Exhibit 6, Page 2: Prato District Trip Ceiling Tracker
Effective Date : April 10, 2025
Sq. Ft. Inbound Outbound Total
Trip Ceiling (Net New Trips) per DA 10,300,000 2,646 7,520 10,166
Total Trip Credits (from demolished uses) 44,471 45 68 113
Trip Ceiling with Trip Credits 2,691 7,588 10,279
Segale New Construction Since 2009
Office (PL10-005)
Subtotal New Construction
Trips Remaining Under Ceiling and Credits
55,462 18 111 129
55,462 18 111 129
2,673 7,477 10,150
(1) The purpose of this spreadsheet is to track the number of net remaining PM peak hour trips
allowed under the Trip Ceiling plus Credit Trips according to the 2025 Development Agreement.
Per the 2025 DA, the Trip Ceiling and Credit Trips only apply to property in the Prato District.
(2) The trip ceiling is from the 2009 EIS and 2025 development agreements.
(3) New construction will be added to this list when it a building permit is issued and may be
deleted from this list if never completed.
EXHIBIT 7A
Expansion Areas Legal Description
EXHIBIT 7A
EXPANSION AREAS LEGAL DESCRIPTION
EXPANSION PARCEL #1: 352304-9014
THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND
SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN
THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD
(SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS
MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER
OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00° 58' 10" WEST 313.17 FEET SOUTH
AND NORTH 89° 01' 50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED
RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE
OF SAID GOVERNMENT LOT, THENCE SOUTH 67° 36' 00" EAST 380.45 FEET TO AN
IRON PIPE; THENCE CONTINUING SOUTH 67° 36' 00" EAST 50 FEET, MORE OR LESS,
TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF
KING STATE OF WASHINGTON.
EXPANSION PARCEL #2: 352304-9081
THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM
WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH
00° 58' 10" WEST 313.17 FEET AND NORTH 89° 01' 50" WEST, 505.54 FEET, SAID
DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG
THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING
MARKED BYA CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC.
ENGINEERS AND SURVEYORS ON OCTOBER 4, 1996; THENCE SOUTH 67° 36' 00"
EAST 248.63 FEET; THENCE SOUTH 23° 57' 22" WEST 352.69 FEET TO THE TRUE
POINT OF BEGINNING; THE NORTH 66° 02' 38" WEST 250 FEET, MORE OR LESS TO
THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY,
FORMERLY 57TH AVENUE SOUTH); THENCE NORTH 23° 27' 22" EAST 5.14 FEET TO
THE NORTH GOVERNMENT LOT 7; THENCE SOUTH 89° 01' 50" EAST TO BANK OF
GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT
THAT BEARS SOUTH 66° 02' 38" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 66° 02' 38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN
THE CITY OF TUKWILA, COUNT OF KING, STATE OF WASHINGTON.
EXPANSION PARCEL #3: 352304-9082
THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY
MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY
57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT
SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST 1,048.79 FEET
NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35;
THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH 19°59'25" WEST 520.10
FEET; THENCE SOUTH 73°05'40" EAST 233.32 FEET; THENCE NORTH 16°29'55" EAST
474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
16°29'55" EAST 100 FEET; THENCE SOUTH 64° 17'20" EAST 232.26 FEET TO THE
BANK OF GREEN RIVER, THENCE NORTHERLY ALONG SAID BANK OF GREEN
RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY
RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66°02'38" WEST
250 FEET TO A POINT OF THE EASTERLY MARGIN OF COUNTY ROAD WHICH
BEARS SOUTH 25°01'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID
GOVERNMENT LOT 7; THENCE SOUTH 25°01'18" WEST ALONG SAID ROAD MARGIN
TO A POINT SOUTH 89°03'20" EAST 1,656.75 FEET AND NORTH 00°56'40" EAST
1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF
SAID SECTION 35; THENCE SOUTH 08°13'05" EAST 36.70 FEET; THENCE SOUTH
19°59'25" WEST TO A POINT WHICH BEARS NORTH 66°02'38" EAST FROM THE TRUE
POINT OF BEGINNING; THENCE SOUTH 66°02'38" EAST 211.14 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING,
STATE OF WASHINGTON.
EXHIBIT 7B
Frager Road/Southcenter Parkway R.O.W.
EXHIBIT 7B
FRAGER ROAD / SOUTHCENTER PARKWAY R.O.W.
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SCALE 1" = 100'
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LOT 2
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8700400100
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8700400060
3523049014
3523049081
3523049082
LEGEND
DENOTES FRAGMENTED PART TO
TO SEGALE PROPERTIES LLC
AT TIME OF FUTURE VACATION
DENOTES AREA GRANTED BACK TO
SEGALE PROPERTIES LLC AS TAKEN
FROM ORIGINAL PARCEL NO. 3523049017
(NOW PARCEL NO. 8700400100)
H:\PARKWAY 2013\PARKWAY 2011\dwg\FRAGER RD FUTURE VACATION SKETCH 2025.dwg
EXHIBIT 8
Vested Development Regulations
ON FILE WITH CITY
accessible on this site:
https://records.tukwilawa.gov/WebLink/1 /edoc/432185/page 1.aspx
EXHIBIT 9
Proposed Orillia Road Connector
EXHIBIT 9
ORILLIA ROAD CONNECTOR
TUKWILA SOUTH
DEVELOPMENT AGREEMENT
N SEGALE
+NROPER N I ES
EXHIBIT 10
Impervious Area Tracking Map and Tukwila
South -Prato District Impervious Surfaces Tracking
Spreadsheet
COLOR COPY OF EXHIBIT 10 IS ON FILE
WITH THE CITY
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EXHIBIT 10
IMPERVIOUS AREA
TRACKING MAP
LAST REVISED: 10/1/25
441,0 Il 9i)m'n"'Y�
EXHIBIT 10
Tukwila South -Prato District Impervious Surfaces Tracking Spreadsheet
Notes:
* The `Allowed Impervious Total Area" for each basin was determined by the Technical Information Report (TIR, dated
May 2010, revised March 4, 2011), approved as part of the PW10-064 Grading Permit, which approved 85% coverage
in each individual basin.
** Basin areas are calculated only within the project boundary and exclude any off -site impervious assumptions.
North Basin Allowed Impervious Total Area (acres):
95.21
South Basin Allowed Impervious Total Area (acres):
141.48
Total Allowed Impervious Area (acres)
236.69
North Basin Development (Maximum allowed impervious area: 95.21 acres)
Project Name
Permit Approval #
Date
Impervious Area
Total Developed Basin Impervious Area (in acres)
Total Remaining Impervious Area Allowed (in acres)! 95.21!
South Basin Development (Maximum allowed impervious area: 141.48 acres)
Project Name
Permit Approval #
Date
Impervious Area
Total Developed Basin Impervious Area (in acres)
Total Remaining Impervious Area Allowed (in acres) 141.48j
EXHIBIT 11
Stormwater Monitoring
EXHIBIT 11
Stormwater Monitoring
To ensure that future development supports the current water quality goals of the State of
Washington and preserve the City's ability to manage its municipal separate stormwater system
("MS4"), key water quality and quantity metrics will be monitored and reported as part of the
Periodic Review.
Background Information
The below stormwater monitoring framework is intended to provide the City with data to
assist in its evaluation of ultimate City discharges to the Green River and to separate North Pond
discharge constituents from State discharges from Interstate-5 or other runoff to the S. 180th St
pump station.
The level of development of Tukwila South to date has consisted of grading and
construction of Utilities and Stormwater Infrastructure. Throughout and following this grading
and infrastructure development, the site remains in a temporary erosion sediment control
condition ("TESC Condition') prior to land use development. While the site remains in TESC
Condition there is no stormwater discharge to surface waters (i. e. the Green River) other than
periodic pumping from the South Stormwater Facility to the river. All designed outlets from the
North and South facilities remain inactive and site runoff is drained or pumped to the South
Stormwater Facility for storage and treatment prior to this periodic pumping to the river.
Until Tukwila South activates the permanent designed outfalls from the facilities, the site
remains in TESC Condition. Testing of the .five metrics listed above will be tested in addition to
turbidity and pH consistent with the requirements of the Dept. of Ecology's Construction
Stormwater General Permit ("CSWGP') at least once annually during any of these periodic
pumped discharges. The site will remain in TESC Condition until a level of land use development
necessitates the activation of the permanent design outfall systems from the facilities and there
are no longer pollution generating activities causing high turbidity and pH concerns from
sitework construction.
Following the activation of the permanent design outfall systems from the facilities
and approval from Ecology for the Notice of Termination form under the CSWGP,
procedures for sampling and testing the five metrics listed below shall commence at both
facilities. Until that time, testing will only occur at the South Stormwater Facility.
Exhibit 11 - Page 1
Testing Requirements
The following list of water quality metrics shall be tested for, measured, and reported on:
Metric
Unit of
Measure
Current Standard
References
Total Suspended
Solids
mg/L (ppm)
25 mg/L (during construction
phase)
Within the Mean range from
1.0 to 202.0 mg/L
King County Streams
Monitoring, Green 0311,
Construction Stormwater
General Permit SOP
Temperature
Degrees
Celsius
17.5 degrees Celsius (highest
7-DAD max)
WAC 173-201A-200, EAP011
Version 2.1
Dissolved
Oxygen
mg/L (ppm)
10 mg/L or 90% saturation
WAC 173-201A-200,
EAP023, Version 2.5
Alkalinity /
Acidity
pH
6.5-8.5; human -caused
variation of <0.5
WAC 173-201A-200, EAP031
Version 1.5
Conductivity
mSIEMS/cm
Within the Mean range from
44.4 to 225.0 mSIEMS/cm
King County Streams
Monitoring, Green 0311,
EAP032 Version 2.2
This testing shall be performed annually, at a minimum, during the first fall storm event
of each year ("first flush"). The first fall storm event is defined as the first occurrence of
precipitation after October 1st that results in a discharge. First flush samples shall be collected
within 24 hours of start of discharge and follow the Department of Ecology's stormwater
monitoring guidance for each parameter contained in Ecology's Environmental Assessment
Program (EAP). Standard Operating Procedures (SOP) can be found in the Statewide River and
Stream Ambient Water Quality Monitoring publication.
• Monitoring the South Stormwater Facility discharges to the Green River shall
demonstrate consistency with the above standards.
• Monitoring of the North Stormwater Facility will commence upon activation of
the permanent design outfall systems from the facilities and approval from
Ecology for the Notice of Termination (NOT) form under the CSWGP.
Flow Monitoring Requirements
Following the activation of the permanent design outfall system for the North Storm
Water Facility (North Pond), Segale agrees to collect and provide flow data from North Pond
discharges to the City's MS4 system.
• Data reporting will be annual and will include total annual and maximum daily
discharge from the North Pond.
4919-0557-8096, v. 1 Exhibit 11 - Page 2
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2776.
On November 17, 2025, the City Council of the City of Tukwila, Washington, adopted
the following ordinance, the main points of which are summarized by title as follows:
ORDINANCE 2776: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF TUKWILA, SEGALE PROPERTIES LLC, MAS TUKWILA LLC, AND
THEIR SUCCESSORS AND ASSIGNS FOR THE PRATO DISTRICT PROJECT
(FORMERLY KNOWN AS THE TUKWILA SOUTH PROJECT); PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Andy Youn-Barnett, City Clerk
Published Seattle Times: November 20, 2025