HomeMy WebLinkAboutOrd 2391 - Development Agreement - Tukwila Village Development Associates
Ordinance No. 2391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT
AGREEMENTS AUTHORIZED PURSUANT TO CHAPTER
18.86 OF THE TUKWILA MUNICIPAL CODE; APPROVING
AND AUTHORIZING THE PROPOSED TUKWILA VILLAGE
DEVELOPMENT AGREEMENT WITH TUKWILA VILLAGE
DEVELOPMENT ASSOCIATES, LLC, A WASHINGTON
LIMITED LIABILITY COMPANY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, RCW 36.70B.170, et seq. and Tukwila Municipal Code (TMC) Chapter
18.86 authorize development agreements between the City and persons having
ownership or control of real property in order to establish development standards to
govern and vest the development, use and mitigation of real properties; and
WHEREAS, the Tukwila Village development consists of approximately 164,000
square feet of land plus approximately 23,000 square feet of 41st Avenue right -of -way
on the northeast corner of Tukwila International Boulevard plus approximately 90,000
square feet of land on the southeast corner of Tukwila International Boulevard, totaling
approximately 6.4 acres; and
WHEREAS, Tukwila International Boulevard is part of the Pacific Highway
Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was
identified as the highest priority for City action during the Vision Tukwila process; and
WHEREAS, Goal 8.2 of the City's Comprehensive Plan includes implementation
strategies to make the Pacific Highway Transportation Corridor an attractive, safe and
profitable place to live, do business, shop, and work including, among other things,
making improvements to encourage pedestrian and transit travel; enhance the local
commercial, residential and pedestrian character; develop a strategic and financial plan
to facilitate public and private investment; and provide flexibility in the application of
design standards in order to encourage pedestrian- oriented development; and
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WHEREAS, Goal 8.2.22 of the City's Comprehensive Plan provides for the
establishment of an overlay district in the designated urban renewal area, generally
between South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South,
that may allow increased building heights, reduced residential parking requirements,
and other alternative development standards, subject to specific criteria, in order to
encourage well- designed, compact, transit - oriented and pedestrian - friendly
redevelopment to activate the community along Tukwila International Boulevard; and
WHEREAS, in furtherance of the policies and goals of the City Comprehensive
Plan and, in particular, Goal 8..2.22, the City Council enacted City Ordinance No. 2257,
codified in Chapter 18.43 of the Tukwila Municipal Code, creating the Urban Renewal
Overlay District and associated supplemental development standards and criteria; and
WHEREAS, the intent of the establishment of the Urban Renewal Overlay District
was to activate the community along Tukwila International Boulevard by adopting
supplemental development standards and criteria that encourage investment in the
redevelopment of distressed areas in the vicinity of Tukwila International Boulevard with
a compact, transit - oriented development pattern including neighborhood services and
pedestrian - friendly commercial and residential improvements with high quality materials
and design, and
WHEREAS, the adoption of supplemental development standards and criteria
providing for taller building heights and reduced parking requirements was intended to
make urban densities and amenities more likely, while the impact upon residential areas
resulting therefrom would be lessened by requiring development along Tukwila
International Boulevard, more significant structured parking and pedestrian - friendly
amenities; and
WHEREAS, to encourage redevelopment within the Pacific Highway Transportation
Corridor, the City began assembling property within the Urban Renewal Overlay District
for future development through a public /private partnership; and
WHEREAS, the assembled property now comprises "Tukwila Village" and the
Tukwila Village development; and
WHEREAS, in 2007 the Tukwila City Council adopted the following vision
statement for Tukwila Village:
Tukwila Village will be a welcoming place where all residents can gather
and connect with each other. This mixed -use development will draw upon
Tukwila's strengths and include a library, a neighborhood police resource
center, retail, restaurants, public meeting space, and an outdoor plaza.
The Village may also include office, live /work, and residential space. This
active, vibrant place will set high standards for quality and foster additional
neighborhood revitalization and civic pride.
; and
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WHEREAS, on March 30, 2011, the City issued a request for qualifications for a
proposal to develop the Tukwila Village property and on June 6, 2011 the City Council
selected Tukwila Village Development Associates, LLC, ( "Developer ") as the most
qualified among the applicants to develop the Tukwila Village property; and
WHEREAS, on October 22, 2012, the City Council authorized the Mayor to execute
a disposition and development agreement (the "DDA ") with Developer, which
agreement was fully executed by and between the parties on the 30th day of October,
2012 and grants to Developer the right to control and redevelop the property described
therein subject to the terms and conditions of the DDA and in a manner consistent with
the goals and policies of the Comprehensive Plan; and
WHEREAS, the DDA contemplates at Section 2.7 that the parties will, pursuant to
the applicable provisions of state law and City code, enter into a development
agreement to set forth the development standards and other provisions that shall apply
to and govern and vest the development, use and mitigation of the development of the
Tukwila Village property for the duration specified in such development agreement; and
WHEREAS, the DDA further contemplates at Section 2.7 that certain development
standards will be implemented pursuant to the development agreement in order to
facilitate redevelopment of the Tukwila Village property; and
WHEREAS, pursuant to Ordinance No. 2378 (codified in TMC Chapter 18.86) the
City Council enacted standards and procedures for approval of development
agreements authorized pursuant to RCW 36.70B.170, et seq.; and
WHEREAS, TMC Section 18.86.030 provides that a development agreement may
allow development standards different from those otherwise imposed under the Tukwila
Municipal Code in order to provide flexibility to achieve public benefits, respond to
changing community needs, or encourage modifications which provide the functional
equivalent or adequately achieve the purposes of otherwise applicable City standards;
and
WHEREAS, TMC Section 18.86.030 further provides that any approved
development standards that differ from those in the City code shall not require any
further zoning reclassification, variance from City standards or other City approval apart
from development agreement approval, and that development standards as approved
through a development agreement shall apply to and govern the development and
implementation of each covered site in lieu of any conflicting or different standards or
requirements elsewhere in the Tukwila Municipal Code; and
WHEREAS, in furtherance of Section 2.7 of the DDA, Developer made application
to the City for approval of a development agreement; and
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WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 3rd day of December 2012 to take public testimony regarding the
proposed development agreement; and
WHEREAS, the City Council, having considered the public testimony, the staff
report, the DDA, and all other documents and records material hereto, finds and
concludes that the proposed development agreement is consistent with the City's
Comprehensive Plan and the Tukwila Village vision statement, will promote the goals
and objectives of the Comprehensive Plan to revitalize the area in and around Tukwila
Village, the conditions for approval as set forth at TMC Section 18.86.060 have been
met, and the development standards set forth herein that differ from those otherwise
imposed under the Tukwila Municipal Code are necessary and reasonable in order to
provide flexibility to achieve public benefits, respond to changing community needs, or
encourage modifications which provide the functional equivalent or adequately achieve
the purposes of otherwise applicable City standards; and
WHEREAS, the City Council finds that it is in the public interest to approve the
proposed Tukwila Village Development Agreement in substantially the form and content
as set forth in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, pursuant to TMC Section 18.86.080, the decision of the City Council to
approve or reject Developer's request for a development agreement is a discretionary,
legislative act;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby
incorporated by this reference as though fully set forth herein and are adopted as
findings of fact and conclusions of the City Council.
Section 2. Approval of Tukwila Village Development Agreement. Pursuant to
RCW 36.7013.170, et seq. and TMC Chapter 18.86, the proposed Tukwila Village
development agreement attached hereto as Exhibit "A" is hereby approved and shall
govern development of the property for the term as set forth therein.
Section 3. Execution. The Mayor is hereby authorized on behalf of the City to
execute the proposed development agreement in substantially the form and content of
the proposed development agreement attached hereto as Exhibit "A ".
Section 4. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
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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.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this 10" day of e Q.,„ bor , 2012.
ATTEST/ UTHENTICATED:
Christy O'Flalq6rty, MMC, City Cler ?Hagg 4 yor
APPROVED AS TO FORM BY:
/11*'AUA\ku b�
�T
I.( Shelley M. Kerslake, City Attorney
Exhibit A — Development Agreement
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Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date: J
Ordinance Number: ,a??
Page 5 of 5
DEVELOPMENT AGREEMENT
FOR THE
TUKWILA VILLAGE DEVELOPMENT PROJECT
12-176
Council Approval 12/10/12
By Ordinance No. 2391
THIS DEVELOPMENT AGREEMENT (this "Development Agreement ") is entered
into as of the al' day of Ikea y1{ , 2012 by and between the City of Tukwila, a municipal
corporation operating under the laws of the State of Washington as a non - charter code city (the
"City "), and Tukwila Village Development Associates, LLC, a Washington limited liability
company (the "Developer "), pursuant to the authority of RCW 36.70B.170, et seq. and Chapter
18.86 of the Tukwila Municipal Code, and in consideration of the mutual benefits to be derived.
The City and Developer are sometimes collectively referred to in this Development Agreement
as the "Parties," and individually as a "Party." The Parties have entered into this Development
Agreement with reference to the following facts:
I. RECITALS
WHEREAS, RCW 36.70B.170, et seq. and TMC Ch. 18.86 authorize development
agreements between the City and persons having ownership or control of real property in order
to establish development standards to govern and vest the development, use and mitigation of
real properties; and
WHEREAS, Tukwila Village Development consists of approximately 164,000 square
feet of land plus approximately 23,000 square feet of 41st Avenue right of way on the northeast
corner of Tukwila International Boulevard plus approximately 90,000 square feet of land on the
southeast corner of Tukwila International Boulevard, totaling approximately 6.4 acres; and
WHEREAS, Tukwila International Boulevard is part of the Pacific Highway
Transportation Corridor shown as Figure 15 in the City's Comprehensive Plan and was identified
as the highest priority for City action during the Vision Tukwila Process; and
WHEREAS, Goal 8.2 of the City's Comprehensive Plan includes implementation
strategies to make the Pacific Highway Transportation Corridor an attractive, safe and profitable
place to live, do business, shop, and work, including, among other things, making improvements
to encourage pedestrian and transit travel, enhance the local commercial, residential and
pedestrian character, develop strategic and financial plans to facilitate public and private
investment, provide flexibility in the application of design standards in order to encourage
pedestrian- oriented development; and
WHEREAS, Goal 8.2.22 of the City's Comprehensive Plan provides for the
establishment of an overlay district in the designated urban renewal area, generally between
South 140th, 42nd Avenue South, South 146th Street and 37th Avenue South, that may allow
increased building heights, reduced residential parking requirements, and other alternative
development standards, subject to specific criteria, in order to encourage well designed, compact,
transit - oriented and pedestrian - friendly redevelopment to activate the community along Tukwila
International Boulevard; and ' of„ on act
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WHEREAS, in furtherance of the policies and goals of the City Comprehensive Plan, and
in particular, Goal 8.2.22, the City Council enacted City Ordinance No. 2257, codified at Chapter
18.43 of the Tukwila Municipal Code, creating the Urban Renewal Overlay District and
associated supplemental development standards and criteria; and
WHEREAS, the intent of the establishment of the Urban Renewal Overlay District was to
activate the community along Tukwila International Boulevard by adopting supplemental
development standards and criteria that encourage investment in the redevelopment of distressed
areas in the vicinity of Tukwila International Boulevard with a compact, transit - oriented
development pattern including neighborhood services and pedestrian - friendly commercial and
residential improvements with high quality materials and design; and
WHEREAS, the adoption of supplemental development standards and criteria providing
for taller building heights and reduced parking requirements was intended to make urban
densities and amenities more likely while the impact upon residential areas resulting therefrom
would be lessened by requiring development along Tukwila International Boulevard, more
significant structured parking and pedestrian - friendly amenities; and
WHEREAS, to encourage redevelopment within the Pacific Highway Transportation
Corridor, the City began assembling property within the Urban Renewal Overlay District for
future development through a public /private partnership; and
WHEREAS, the assembled property now comprises "Tukwila Village" and the Tukwila
Village Development; and
WHEREAS, in 2007 the Tukwila City Council adopted the following vision statement
for Tukwila Village:
Tukwila Village will be a welcoming place where all residents can
gather and connect with each other. This mixed -use development
will draw upon Tukwila's strengths and include a library, a
neighborhood police resource center, retail, restaurants, public
meeting space, and an outdoor plaza. The Village may also
include office, live /work, and residential space. This active,
vibrant place will set high standards for quality and foster
additional neighborhood revitalization and civic pride.
WHEREAS, on March 30, 2011, the City issued a request for qualifications for a
proposal to develop the Tukwila Village property and on June 6, 2011 the City Council selected
Developer as the most qualified among the applicants to develop the Tukwila Village property;
and
WHEREAS, on October 22, 2012 the City Council authorized the Mayor to execute a
disposition and development agreement with Developer, which agreement was fully executed by
and between the Parties on the 30th day of October, 2012 (the "Disposition and Development
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Agreement" or "DDA ") and grants to Developer the right to control and redevelop the property
described therein subject to the terms and conditions of the DDA and in a manner consistent with
the goals and policies of the comprehensive plan; and
WHEREAS, the DDA contemplates at Section 2.7 that the Parties will, pursuant to the
applicable provisions of state law and city code, enter into a Development Agreement to set forth
the development standards and other provisions that shall apply to, govern and vest the
development, use and mitigation of the development of the Property for the duration specified in
such Development Agreement; and
WHEREAS, the DDA further contemplates at Section 2.7 that certain development
standards will be implemented pursuant to the Development Agreement in order to facilitate
redevelopment of the Tukwila Village property; and
WHEREAS, pursuant to Ordinance No. 2378 (codified at TMC Ch. 18.86) the City
Council adopted standards and procedures for approval of development agreements authorized
pursuant to RCW 36.70B.170, et seq.; and
WHEREAS, TMC 18.86.030 provides that a development agreement may allow
development standards different from those otherwise imposed under the Tukwila Municipal
Code in order to provide flexibility to achieve public benefits, respond to changing community
needs, or encourage modifications which provide the functional equivalent or adequately achieve
the purposes of otherwise applicable City standards; and
WHEREAS, TMC 18.86.030 further provides that, any approved development standards
that differ from those in the City Code shall not require any further zoning reclassification,
variance from City standards or other City approval apart from development agreement approval,
and that development standards as approved through a development agreement shall apply to and
govern the development and implementation of each covered site in lieu of any conflicting or
different standards or requirements elsewhere in the Tukwila Municipal Code; and
WHEREAS, in furtherance of Section 2.7 of the DDA, Developer has made application
to the City for approval of a development agreement; and
WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on
the 3r day of iecn e , 2012 to take public testimony regarding this Development
Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 391 approved this
Development Agreement as proposed and authorized execution of this Development Agreement;
and
WHEREAS, pursuant to TMC 18.86.080, the decision of the City Council to approve or
reject Developer's request for a development agreement is a discretionary, legislative act; and
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WHEREAS, the Parties desire to enter into this Development Agreement upon the terms
and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual agreements contained herein, as
well as other valuable consideration, the receipt and sufficiency of which are hereby mutually
acknowledged, the City and Developer hereby agree as follows:
II. AGREEMENT
Section 1. Incorporation of Recitals. The Parties agree that the foregoing recitals
are true and correct to the best of their knowledge and are incorporated by this reference as
though fully set forth herein.
Section 2. Definitions. In addition to the terms defined elsewhere in this
Development Agreement, except as otherwise provided herein, the following terms where
capitalized in this Development Agreement shall have the same definition as given to that term
in the Disposition and Development Agreement:
"Affiliate ";
"Approved Site Plan ";
"Boundary Line Adjustment" or "BLA ";
"Business Day ";
"City Council ";
"Commons ";
"Developer ";
"Development Parcel ";
"Development Phase ";
"Development Impact Fees ";
"Estoppel Certificate of Completion ";
"Improvements ";
"Laws ";
"Library Parcel ";
"Mayor ";
"Person ";
"Phased Development Plan ";
"Plaza ";
"Plaza Parcel ";
"Preliminary Site Plan ";
"Proposed Site Plan "; and
"Site ".
In addition to the foregoing defined terms, the following terms where capitalized in this
Development Agreement shall have the meaning given as follows:
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"Effective Date" shall mean the later of the following dates: (a) the date herein set forth
above, or (b) twenty -one (21) days following approval of this Development Agreement pursuant
to Ordinance No. J 1 .
"Governing Regulations" shall mean and refer to that term as defined at Section 5 herein.
"Project" shall mean and refer to the development and redevelopment of the Property in
conformance with the terms and conditions of the DDA and this Development Agreement.
Project shall not refer to or include development of the Library Parcel, unless pursuant to the
terms and conditions of the DDA, the Library Parcel comes under the control of Developer.
"Property" shall mean and include, collectively, those lots and parcels legally described
and shown in the attached Exhibit "A" (Legal Description) and as generally depicted in Exhibit
"B" (Depiction of the Property), and shall mean and include such lots and parcels as altered or
combined pursuant to a Boundary Line Adjustment. The Parties agree that upon approval of a
boundary line adjustment of any lot or parcel that comprise any part of the Property, Exhibits
"A" and `B" will be amended by inserting and substituting therein for the affected lots or
parcels, the legal description and depiction of the newly created lots or parcels. The term
"Property" shall not include the Library Parcel unless and until the Library Parcel is released by
the City to Developer pursuant to Section 2.9(B) of the DDA.
"Vesting Period" shall have the meaning given pursuant to Section 4 hereof.
Section 3. Project Description. This Project is commonly known and referred to as
"Tukwila Village" and involves the phased redevelopment of the Property consisting of
approximately 164,000 square feet of land plus approximately 23,000 square feet of 41S` Avenue
right of way on the northeast corner of Tukwila International Boulevard plus approximately
90,000 square feet of land on the southeast corner of Tukwila International Boulevard, totaling
approximately 6.4 acres. The Property is located within the Neighborhood Commercial Center
and the High Density Residential Districts and is also within the Urban Renewal Overlay District
and is subject to development pursuant to the terms and conditions of the DDA. Development of
the Property will consist generally of the following minimum uses and elements with the
corresponding minimum areas or dwelling units, with at least seventy -five percent (75 %) of the
housing units being age- restricted (senior housing) as defined under the applicable federal fair -
housing laws, together with other uses that are allowed under the City's zoning code:
3.1 Uses and Sizes:
3.1.1 Office Space
3.1.2 Police Resource Center
3.1.3 Retail
3.1.4 Indoor Community Commons
3.1.5 Outdoor Community Plaza
3.1.6 Housing Units
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20,000 square feet
2,000 square feet
11,000 square feet
2,000 square feet
20,000 square feet
380 units
Section 4. Statement of Authority and Intent. This Development Agreement is
entered into pursuant to the authorization of RCW 36.70B.170 and TMC 18.86 and is intended
and designed to vest this Project under current Governing Regulations, subject to Section 6
herein (Development Standards; Conditions), for the Vesting Period. The Vesting Period shall
commence upon the Effective Date and shall end upon the earlier of (a) expiration of design
review approval of the Approved Site Plan as provided pursuant to TMC 18.60.070(E), or (b)
upon termination of the Development Agreement as provided at Section 16 hereof.
As of the Effective Date, the provisions of this Development Agreement, and the
Governing Regulations, subject to the provisions of Section 6 (Development Standards), shall
apply to and govern and vest the review and approval, including associated State Environmental
Policy Act (SEPA) review, of the Project. Vesting is limited to the specific topics and subjects
referenced in this Development Agreement. Any development requirement of the City not
specifically referenced herein shall apply based on the date of vesting as determined in
accordance with City ordinances and state law. During the Vesting Period and subject to Section
16 (Termination), the City shall not impose any modification of or new or additional Governing
Regulations on the Project. To the extent that neither this Development Agreement nor the
Governing Regulations address a certain subject, element or condition of the Project, then the
Project shall be governed by the City's then - existing code.
Section 5. Governing Regulations. The term "Governing Regulations" shall have
the following meaning:
5.1 Scope. Except as otherwise provided at subsection 5.2 and 5.3 herein,
"Governing Regulations" shall mean and refer to the ordinances adopted by the City Council of
Tukwila, and in effect on the Effective Date, that govern the permitted uses of land, the density
and intensity of use, and the design standards and specifications applicable to the development of
the Property, including, but not limited to the Comprehensive Plan, the City's Official Zoning
Map and development standards, the Tukwila International Boulevard Design Manual, the Multi -
Family Design Manual, the Parking Structure Design Manual, the Statement of Purpose and
Design for the Commons, the Statement of Purpose and Design for the Plaza, the Public Works
Standards, mitigation imposed or agreed to as part of SEPA review, concurrency ordinance, and
all other ordinances, codes, rules and regulations of the City establishing subdivision standards,
standards and procedures for boundary line adjustments, storm and surface water regulations.
The term Governing Regulations does not include non -land use regulations, including by way of
example and not limitation, taxes and impact fees. Except as provided herein at subsections 5.2
and 5.3, development of the Property during the Vesting Period shall not be subject to any
amendments to the Governing Regulations.
5.2 Police Power/Pre - emption. The Project 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 or contractual authority. For example, in the event that a court of jurisdiction issues a
final decision that the standards and requirements set forth in a National Pollution Discharge
Elimination System ( "NPDES ") permit are not subject to vesting provisions under state or local
law, the applicable provisions of such NPDES permit shall control. As provided by RCW
36.708.170(4), the proposed development shall not vest against new development regulations to
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the extent the new regulations are required to prevent or mitigate a serious threat to public health
and safety.
5.3 Codes. The Codes and Standards set forth at TMC Title 16 (Buildings and
Construction), in effect 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 on the Property under such permit; provided that, no amendment to any such code
or standard effective after the date of filing of a complete application for a building permit, shall
apply to the Project unless it is necessary to prevent or mitigate a serious threat to public health
and safety or has general application city -wide.
Section 6. Development Standards; Conditions.
6.1 Application of Urban Renewal Overlay District. This Project is located within the
Urban Renewal Overlay District and is subject to the supplemental development standards set
forth therein and the development standards in the underlying zoning regulations, except as
modified pursuant to this Section 6.
6.2 Application of Development Standards. RCW 36.70B.180(3)(d) and TMC
18.86.030 authorize the establishment of design standards by a development agreement. More
specifically, TMC 18.86.030 provides that, a development agreement may allow development
standards different from those otherwise imposed under the Tukwila Municipal Code in order to
provide flexibility to achieve public benefits, respond to changing community needs, or
encourage modifications that provide the functional equivalent or adequately achieve the
purposes of otherwise applicable City standards. Pursuant thereto and during the Vesting Period,
the provisions of this Section 6 set forth the development standards that differ from or
supplement those standards set forth in the Governing Regulations. Accordingly, the following
development standards shall apply to and govern and vest the development, use, and mitigation
of the Project Improvements in lieu of any conflicting or different standards or requirements
elsewhere in the Governing Regulations.
6.3 Design Review Procedures — Proposed Site Plan. The Project shall be subject to
design review approval by the Board of Architectural Review ( "BAR ") pursuant to TMC Ch.
18.60 ( "Design Review "). The Proposed Site Plan submitted for Design Review approval with
the application shall conform to and identify as to each proposed Development Parcel, the
information required pursuant to TMC Ch. 18.60 and the following elements:
6.3.1 Lines marking the boundaries of the existing lots(s) or parcel(s), provided
that any existing lot boundary to be eliminated or altered should be a dashed line and so noted.
6.3.2 Locations of existing and proposed public or private roads and easements,
including private access easements.
6.3.3 Location of proposed new property lines and numbering of each lot or
parcel.
6.3.4 Location, dimension and purpose of existing and proposed easements and
encumbrances, including but not limited to parking easements.
6.3.5 Location of any proposed dedications.
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6.3.6 Description, location and size of existing and proposed utilities, storm
drainage facilities and roads to serve the Property.
6.3.7 Expected location and setbacks of proposed new buildings, parking areas
and driveways.
The Proposed Site Plan, if approved through the City's Design Review process, will
become the "Approved Site Plan "; provided that, the Proposed Site Plan may be modified by
Developer during Design Review in response to issues raised by the BAR. Upon approval
pursuant to TMC Ch. 18.60, development of the Property shall conform to the Approved Site
Plan, any conditions attached thereto, and any approved amendments thereto. Major and Minor
amendments to the Approved Site Plan shall be approved in accordance with the provisions of
Section 6.6 hereof (Major and Minor Amendments — Site Plan Approval).
6.4. Design Review Procedures - Application Submittal and Approval. Each
application submitted to the City for Design Review for a proposed Development Parcel in
accordance with the requirements of TMC Ch. 18.60, shall include the information required
pursuant to TMC Ch. 18.60 and the following elements:
6.4.1 Conceptual floor plans, floor areas and detailed elevations of proposed
new buildings and other structures.
6.4.2 Landscaping plan.
6.4.3 A table of uses, floor areas and housing units consistent with Section 3
(Project Description).
6.4.4 Identification of facilities in conformance with Section 2.11
(Restaurant/Retail Space Covenant) of the DDA.
6.4.5 Identification of facilities in conformance with Section 2.12 (Police
Resource Center) of the DDA.
6.5 Design Review Standards and Review Criteria. The design standards and review
criteria applicable to the Property shall, in addition to the relevant criteria set forth at TMC
18.60.050(D) and the Governing Regulations, include criteria consistent with the following:
6.5.1 Vision Statement. The City's Vision Statement for Tukwila Village as
referenced in this Development Agreement.
6.5.2 Focal Point Design. The Preliminary Site Plan represents the relationship
of proposed new buildings to the Plaza and the neighborhood and, as such, focal points, such as
prominent building corners, must have a defined architectural expression and visual interest. By
way of example and not limitation, such defined architectural expression and visual interest may
include a rounded or chamfered wall, a tower, transparency, or architectural lighting at night.
6.5.3 Buildings Along Eastern Boundary. If any portion of buildings B or E as
shown on the Preliminary and Proposed Site Plan is proposed to be located within 30 feet of an
adjacent property that is zoned LDR, MDR, or HDR, the BAR may require and allow portions of
the building to have greater or lesser setbacks and/or lower height limits than allowed under the
Governing Regulations, provided that the average setbacks and/or height limits allowed shall be
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consistent with the Governing Regulations. The BAR may encourage modulation of building
facades and/or height modulation of buildings B or E as shown on the Preliminary and Proposed
Site Plan in order to reduce the visual impact on adjacent properties, but such modulation shall
not be mandated solely to reduce density that is otherwise allowable under the Governing
Regulations.
6.5.4 Minimum Interior Height. Non - residential uses at street level shall have a
floor -to -floor height of at least fifteen (15) feet. This height shall be as measured from the
primary entry of the tenant space(s) intended to occupy the street level.
6.5.5 Landscaping Standards. The landscaping standards and requirements
under the Governing Regulations standards shall apply to the Property; provided that, the
specific Landscaping standards and requirements set forth in the "Statement of Purpose and
Design" for the Plaza and the Commons, as approved pursuant to the DDA, are adopted as
design standards for purposes of Design Review and shall be reflected in the Design Review
submittals for the Plaza Parcel.
6.5.6 Integrated Site. The Development Parcels within each Development
Phase may contain multiple lots, tracts or parcels that will function as a single site.
Accordingly, each Development Phase shall be considered as a single integrated site, as if there
were no interior lot lines, for purposes of determining compliance with the dimensional
requirements and set -back requirements applicable to each such Development Phase. Further, if
the BAR determines that two or more Development Phases will function as a single integrated
site, such Development Phases shall together be considered as a single integrated site, as if
there were no interior lot lines, for purposes of determining compliance with Governing
Regulations such as building set - backs, recreation space, parking, and landscape requirements.
6.6 Major and Minor Amendments — Approved Site Plan. All proposed amendments
to the Approved Site Plan shall be considered pursuant to the provisions of TMC Ch. 18.60.
6.7 Additional Building Height. The Specific Urban Renewal Overlay Development
Standards and Criteria (TMC 18.43.070) includes supplemental development standards that
allow building heights up to 65 feet. The maximum building heights for buildings fronting along
Tukwila International Boulevard, represented by buildings A and D as shown on the Preliminary
Site Plan, shall be increased by five (5) feet to seventy (70) feet. This increase in building height
is consistent with goals of the Comprehensive Plan to encourage development within the Urban
Renewal Overlay District while minimizing impact to residential development by limiting the
increase in height to development adjacent to the transportation corridor.
6.8 Land Use Permit Process. The Project will be implemented in phases by a series
of land use permit applications. Each land use permit application shall be consistent with the
requirements of this Development Agreement.
6.9 Additional Conditions of Approval. The following additional conditions of
approval are established pursuant to TMC 18.86.060.
9
6.9.1 Phasing of Development. The Parties acknowledge that the most efficient
and economic development of the Property depends upon numerous factors, such as market
orientation and demand, interest rates, competition and similar factors, and that generally it will
be most economically beneficial to the ultimate purchasers of the Property to have the rate of
development determined by the Developer. Accordingly, Developer shall have the right to
develop the Property in multiple Development Phases to facilitate financing and ownership, to
aid in the timing of and sequencing of construction, and to attain flexibility to adjust to market
demand and other factors. In furtherance thereof, the Development Phases and the expected
build -out period for each Development Phase shall be set forth in the Phased Development Plan.
Development of the Property shall conform to the Phased Development Plan and shall be
completed within five (5) years of the Effective Date. Developer shall develop the Plaza Parcel
contemporaneously with, and as part of, the development of the first Development Phase.
The Development Parcels that are associated with each Development Phase, including the
Plaza Parcel, may be owned, operated and managed separately, although initially developed
under the control of Developer or an Affiliate.
6.9.2 Additional Approvals. The City shall have the right to require easements,
dedications and/or covenants for public purposes such as water, sanitary sewer and storm water
facilities for each Development Phase. Any roads to be dedicated as public right of way shall
conform to City design standards consistent with the Governing Regulations. Except as may be
otherwise provided herein, all water, sanitary sewer and storm water facilities shall conform to
design standards consistent with the Governing Regulations.
Section 7. SEPA Conditions of Approval. The Parties agree that, as of the
Effective Date, the City has not initiated review of the Project pursuant to the State
Environmental Policy Act ( "SEPA ") or the implementing provisions of TMC Title 21, and that
SEPA applies to land use and development approvals that will be issued during the Vesting
Period. The City shall not exercise its substantive SEPA authority to impose conditions on land
use approvals for this Project issued during the Vesting Period in a manner that is inconsistent
with the Governing Regulations.
Section 8. Concurrency. The Parties agree that, as of the Effective Date, the City
has not determined if the Project meets the concurrency requirements of TMC Ch. 9.48 and
TMC Ch. 21.04 and that the provisions thereof apply to land use and development approvals that
will be issued during the Vesting Period. The City shall not, during the Vesting Period, exercise
its authority to determine if the Project meets the City's standards for transportation, water,
sewer, and storm water concurrency approval and mitigate significant adverse impacts, in a
manner that is inconsistent with the Governing Regulations.
Section 9. Impact Fees. This Project shall be subject to assessment and collection
of, transportation impact fees pursuant to TMC Ch. 9.48, fire impact fees pursuant to TMC Ch.
16.26, and Parks Impact Fees pursuant to TMC Ch. 16.28.
Section 10. Street Vacation. 41st Avenue is a public right of way that encumbers the
Property. The City and Developer acknowledge and agree that Developer's obligations are
10
contingent upon Final City Council Approval of vacation of that portion of 41st Avenue
encumbering the Property.
Section 11. Major and Minor Amendments - Development Agreement. All
proposed amendments to the Development Agreement shall be considered in accordance with
this Section 11.
11.1 Process. The Mayor may approve Minor Amendments to the Development
Agreement proposed by the City or Developer and mutually agreed to by the Parties. Such
approval shall be in writing and the resulting amendment shall be incorporated into this
Development Agreement as an amendment pursuant to Section 21 hereof. The City Council may
approve Major Amendments to the Development Agreement in accordance with the same
process for approval of the Development Agreement. A Major Amendment to the Development
Agreement approved by the City Council, and mutually agreed to by the Parties, shall be
incorporated into this Development Agreement as an amendment pursuant to Section 21 hereof.
11.2 Minor Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a minor amendment if the proposed amendment does not modify
the Governing Regulations or Section 6 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the Project, and does not modify the Vesting Period or
term of this Development Agreement.
11.3 Major Amendment Defined. A proposed amendment to the Development
Agreement shall be considered a Major Amendment if the proposed amendment does not
constitute a Minor Amendment.
11.4 Determination. An application for a Minor Amendment shall be made to the
Mayor. The application shall describe the proposed Minor Amendment in sufficient detail such
that the Mayor can determine whether or not the proposal qualifies as a Minor Amendment. If
the application does not provide sufficient information, the Mayor may request additional
information from the Developer or reject the application. Upon receipt of sufficient information
to determine if the proposal set forth in the application constitutes a Minor Amendment, the
Mayor shall determine if the proposal constitutes a Minor Amendment. In the event that the
Mayor determines that the proposed amendment is a Minor Amendment, the Minor Amendment
may be administratively approved by the Mayor. In the event that the Mayor determines that the
proposal constitutes a Major Amendment, the Developer shall submit the proposal in accordance
with the same process for approval of a Development Agreement, withdraw its proposed
amendment, or modify and re- submit its proposed amendment. The determination of the Mayor
shall be a final decision.
Section 12. Further Discretionary Actions. Developer acknowledges that the
Governing Regulations contemplate the exercise of further discretionary powers by the City.
These powers include, but are not limited to, review of permit applications under SEPA.
Nothing in this Development Agreement shall be construed to limit the authority or the
obligation of the City to hold legally required public hearings, or to limit the discretion of the
11
City and any of its officers or officials in complying with or applying Governing Regulations and
the development standards and conditions set forth in Section 6 hereof.
Section 13. Existing Land Use Fees and Impact Fees. Generally applicable land use
fees and impact fees adopted by the City by resolution or ordinance as of the Effective Date of
this Development Agreement may be increased by the City from time to time, and the new fees
applied to subsequent permits and approvals for the Property.
Section 14. Dispute Resolution Process.
14.1 The parties agree to use their best efforts to resolve disputes arising out of or
related to this Development Agreement using good faith negotiations by engaging in the
following dispute escalation process should any such disputes arise:
14.1.1 Level One - Developer's principal or designee and the City's Community
Development Director or Public Works Director shall meet to discuss and attempt to resolve the
dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days
after referral of that dispute to Level One, either Party may refer the dispute to Level Two.
14.1.2 Level Two - Developer's principal and the City Administrator or Mayor
shall meet to discuss and attempt to resolve the dispute in a timely manner.
14.2 Except as otherwise specified in this Development Agreement, in the event the
dispute is not resolved at Level Two within fourteen (14) calendar days after referral of that
dispute to Level Two, the Parties are free to file suit or agree to alternative dispute resolution
methods such as mediation or arbitration. At all times prior to resolution of the dispute, the
parties shall continue to perform under this Development Agreement in the same manner and
under the same terms as existed prior to the dispute.
14.3 In the event that the Parties choose to resolve a dispute through binding
arbitration, the parties agree to the following procedure:
14.3.1 Binding arbitration between the parties pursuant to this Section shall be
governed by the rules and procedures set forth in this Section.
14.3.2 If the parties to the dispute are unable to agree upon a single arbitrator
within fourteen (14) calendar days of failure to resolve the dispute at the end of the Level Two
process, then a board of three arbitrators shall be appointed by the American Arbitration
Association ( "AAA ") in compliance with the Rule of Appointment of Neutral Arbitrator. Any
arbitrator appointed by AAA under this subsection shall possess knowledge of the particular
matters at issue in the arbitration.
14.3.3 Upon selection of the arbitrator(s), said arbitrator(s) 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. Said arbitrator(s) shall then give both parties
reasonable notice of the time (which time shall be within thirty (30) calendar days of the
12
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(s) deems relevant, with witnesses required to be sworn; and hear arguments of
counsel or others.
14.3.4 After consideration of all evidence, testimony and arguments, said single
arbitrator or said board of arbitrators or a majority thereof 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. Until the arbitrator(s) issue(s) the first decision or award upon any question submitted for
the arbitration, performance under the Development 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.
14.3.5 Developer 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.
14.3.6 The arbitrator(s) shall have the authority to enter awards of equitable
remedies consistent with the obligations of the City and Developer under this Development
Agreement.
14.3.7 The arbitrator(s) 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.
Section 15. Default and Remedies.
15.1 Cures Taking More Than Thirty Days. No Party shall be in default under this
Development Agreement unless it has failed to perform as required under this Development
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.
15.2 Rights of Non - Defaulting Party. A party not in default under this Development
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 Development Agreement.
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15.3 Attorneys' Fees. In any action to enforce or determine a Party's rights under this
Development Agreement, the prevailing party shall be entitled to attorney's fees and costs as
provided under Washington law.
15.4 Termination of Developer's Rights; Effect. The Parties acknowledge that the
Developer's right to take ownership of and develop the Property, in whole and in part, is subject
to the terms and conditions of the DDA. In the event that Developer's right to develop the
Property is terminated pursuant to the DDA prior to commencement of development of the
Property, the rights, duties and obligations of the Developer and City under this Development
Agreement shall terminate contemporaneously therewith. In the event that the Developer's right
to develop a Development Parcel or Development Parcels comprising a Development Phase is
terminated pursuant to the DDA, the rights, duties and obligations of the Developer and the City
under this Development Agreement shall terminate contemporaneously therewith as to those
Development Parcels comprising such Development Phase if such termination can be narrowly
tailored as provided in Section 15.5 hereof.
15.5 Relief Against Defaulting Party or Portion of Property. In recognition of the
anticipated transfers by Developer of Development Parcels to third parties, remedies under this
Development Agreement shall be tailored to the Development Parcels or Parties as provided
below.
15.5.1 Relief Limited to Affected Parcel. Any claimed default shall relate as
specifically as possible to the Development Parcel of the Property involved, and any remedy
against any party shall be limited to the extent possible to the owners of such Development
Parcel of the Property.
15.5.2 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
non - defaulting owner of portions of the Property under this Development Agreement, and shall
seek to utilize the severability provisions set forth in this Development Agreement.
15.6 Specific Performance. The Parties specifically agree that damages are not an
adequate remedy for breach of this Development Agreement, and that the Parties are entitled to
compel specific performance of all material terms of this Development Agreement by any Party
in default hereof.
Section 16. Termination. This Development Agreement shall expire and/or terminate
on the earlier of the termination/expiration provisions set forth as follows:
16.1 This Development Agreement shall expire as to each Development Phase, and be
of no further force and effect, if the development contemplated in this Development Agreement
for such Development Phase, and all of the permits and/or approvals issued by the City for such
development, are not substantially underway in conformance with the Phased Development Plan.
Nothing in this Development Agreement shall extend the expiration date of any permit or
approval issued by the City for any development.
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16.2 This Development Agreement shall expire and be of no further force and effect if
the Developer does not construct the Project as contemplated by the permits and approvals
identified in this Development Agreement, and submits applications for development of the
Property that are inconsistent with such permits and approvals.
16.3 This Development Agreement shall terminate upon the expiration of the Vesting
Period identified in Section 4 hereof.
16.4 This Development Agreement shall terminate as to each Development Phase,
when the Development Parcels comprising the Development Phase have been fully developed as
evidenced by the City's issuance of an Estoppel Certificate of Completion pursuant to the DDA.
Upon termination of this Development Agreement, the City shall record a notice of such
termination in a form satisfactory to the City Attorney that the Development Agreement has been
terminated.
Section 17. Effect Upon Termination on Developer Obligations. Termination of
this Development Agreement as to the Developer of the Property or any portion thereof shall not
affect any of the Developer's obligations to comply with the City Comprehensive Plan and the
terms and conditions or any applicable zoning code(s) or subdivision map or other land use
entitlements approved with respect to the Property, any other conditions of any other
development specified in the Development Agreement to continue after the termination of this
Development Agreement or obligations to pay assessments, liens, fees or taxes.
Section 18. Effects Upon Termination on City. Upon any termination of this
Development Agreement as to the Developer of the Property, or any portion thereof, the
entitlements, conditions of development and all other terms and conditions of this Development
Agreement shall no longer be vested hereby with respect to the property affected by such
termination (provided that vesting of such entitlements, conditions or fees may then be
established for such property pursuant to then existing planning and zoning laws).
Section 19. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Development Agreement with all its rights, title and interests therein to any
person, firm or corporation at any time during the term of this Development Agreement.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
a portion of the Subject Property, at least thirty (30) days in advance of such action.
Section 20. Covenants Running With the Land; Recording.
20.1 The conditions and covenants set forth in this Development Agreement and
incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall
bind and inure to the benefit of the Parties. The Developer, and every purchaser, assignee or
transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by
the terms and conditions of this Development Agreement, and shall be the beneficiary thereof
and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned
or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform
15
all of the duties and obligations of a Developer contained in this Development Agreement, as
such duties and obligations pertain to the portion of the Property sold, assigned or transferred to
it.
20.2 A Memorandum of Development Agreement in substantially the Form of the
"Memorandum of Development Agreement" attached hereto as Exhibit "C" shall be recorded
against the Property such that the terms and conditions of this Development Agreement shall
operate as a covenant running with each Development Parcel and shall be binding on Developer
and Owners, their heirs, successors and assigns until this Development Agreement expires or is
terminated as to such Development Parcel.
Section 21. Amendment to Agreement; Effect of Agreement on Future Actions.
This Development Agreement may be amended by mutual consent of all of the Parties, provided
that any such amendment shall follow the process established for Major and Minor Amendments
as set forth at Section 6.6 and Section 11 hereof.
Section 22. Releases. Developer, and any subsequent Owner, may be released from
further obligations relating to the sold, assigned, or transferred portion of the Property, provided
that the buyer, assignee or transferee expressly assumes the obligations under this Development
Agreement as provided herein.
Section 23. No Third -Party Beneficiary. This Development Agreement is made and
entered into for the sole protection and benefit of the Parties hereto and their successors and
assigns. No other person shall have any right of action based upon any provision of this
Development Agreement.
Section 24. Interpretation. The Parties intend this Development Agreement to be
interpreted to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170, et seq., and this Development
Agreement shall be construed to exclude from the scope of this Development 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. This Development Agreement has been
reviewed and revised by legal counsel for both Parties, and no presumption or rule construing
ambiguity against the drafter of the document shall apply to the interpretation or enforcement of
this Development Agreement.
Section 25. Notice. All communications, notices, and demands of any kind that a
Party under this Development Agreement requires or desires to give to any other Party shall be in
writing and either (i) delivered personally, (ii) sent by facsimile transmission 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:
16
If to the City:
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Attn: Mayor's Office
With a copy to:
City Attorney
City of Tukwila
Kenyon Disend, PLLC
11 Front Street South
Issaquah, Washington 98027 -3820
General: 425- 392 -7090
Fax: 425- 392 -7071
If to Developer:
Tukwila Village Development Associates, LLC
Attn: Bryan M. Park, Manager
c/o Pacific Northern Construction Company, Inc.
201 - 27th Avenue SE, Building A, Suite 300
Puyallup, WA 98374
General: (253) 231 -5001
Fax: (253) 231 -5010
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
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.
Section 26. Excusable Delay (Force Majeure). In addition to specific provisions of
this Development Agreement, and notwithstanding anything to the contrary in this Development
Agreement, neither Party shall be in default in the performance or the failure of performance of
its obligations under this Development Agreement, or in the delay of its performance, where
such failure or delay is due to war, insurrection, strikes, lock -outs or other labor disturbances,
one or more acts of a public enemy, war, riot, sabotage, blockade, embargo, floods, earthquakes,
fires, quarantine restrictions, freight embargoes, lack of transportation, court order, delays or
failures of performance by any governmental authority or utility company (so long as the Party
seeking the extension has adequately complied with the applicable processing requirements of
such governmental authority or utility company), delays resulting from changes in any applicable
laws, rules, regulations, ordinances or codes, or a change in the interpretation thereof by any
governing body with jurisdiction, delays resulting from the weather or soils conditions which
necessitate delay, delays resulting from litigation (including suits filed by third parties
concerning or arising out of this Development Agreement) or any other cause (lack of funds of
17
Developer, Developer's inability to finance the construction of the Development, and
Developer's inability to lease the Improvements, are not causes beyond the reasonable control or
without the fault of Developer) beyond the reasonable control or without the fault of the Party
claiming an extension of time to perform or an inability of performance. The extension of time
for any cause shall be from the time of the event that gave rise to such period of delay until the
date that the cause for the extension no longer exists or is no longer applicable, in each case as
evidenced by a notice from the Party claiming the extension. An extension of time for the
duration of such event will be deemed granted if notice by the Party claiming such extension is
sent to the other as to any of the above causes other than Permit Delays, within ten (10) days
from the commencement of the cause and such extension of time is not rejected in writing by the
other Party within ten (10) days of receipt of the notice (such extension of time is referred to
herein as "Force Majeure "). Times for performance under this Development Agreement may
also be extended in writing by the City and Developer in accordance with Section 11 herein.
Section 27. Indemnification. Except as otherwise specifically provided elsewhere in
this Development Agreement and any Exhibits hereto, each Party shall protect, defend,
indemnify and hold harmless the other Party and their officers, agents, and employees, or any of
them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and
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 Development Agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against a Party, the Party whose negligent action or omissions gave rise to the
claim shall defend the other Party at the indemnifying Party's sole cost and expense; and if final
judgment be rendered against the other party and its officers, agents, and employees or jointly
the Parties and their respective officers, agents, and employees, the Parties whose actions or
omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent
negligence, each Party shall indemnify and hold the other Parties harmless only to the extent of
that Party's negligence. The indemnification to the City hereunder shall be for the benefit of the
City as an entity, and not for members of the general public.
Section 28. Applicable Law and Attorneys' Fees. This Development Agreement
shall be construed and enforced in accordance with the laws of the State of Washington. If
litigation is initiated to enforce the terms of this Development Agreement, the prevailing Party
shall be entitled to recover its reasonable attorneys' fees and costs from the non - prevailing Party.
Venue for any action shall lie in King County Superior Court or the U.S. District Court for
Western Washington.
Section 29. Third Party Legal Challenge. In the event any legal action or special
proceeding is commenced by any person or entity other than a Party, or successor or assign of
Developer, to challenge this Development Agreement or any provision herein, the City may elect
to tender the defense of such lawsuit or individual claims in the lawsuit to Developer and/or
successor(s) or assign(s). In such event, Developer and/or such successor(s) or assign(s) shall
hold the City harmless from and defend the City from all costs and expenses incurred in the
defense of such lawsuit or individual claims in the lawsuit, including, but not limited to,
attorneys' fees and expenses of litigation, and damages awarded to the prevailing party or parties
in such litigation. The Developer and/or such successor(s) or assign(s) shall not settle any
18
lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 30. Severability. If any phrase, provision or section of this Development
Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or
if any provision of this Development Agreement is rendered invalid or unenforceable according
to the terms of any statute of the State of Washington which became effective after the effective
date of the ordinance adopting this Development Agreement, and either Party in good faith
determines that such provision or provisions are material to its entering into this Development
Agreement, that Party may elect to terminate this Development Agreement as to all of its
obligations remaining unperformed.
Section 31. Authority. Each Party respectively represents and warrants that it has the
power and authority, and is duly authorized, to enter into this Development Agreement on the
terms and conditions herein stated, and to deliver and perform its obligations under this
Development Agreement.
Section 32. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
Section 33. Headings. The headings in this Development Agreement are inserted for
reference only and shall not be construed to expand, limit or otherwise modify the terms and
conditions of this Development Agreement.
Section 34. Time of the Essence. Time is of the essence of this Development
Agreement and of every provision hereof. Unless otherwise set forth in this Development
Agreement, the reference to "days" shall mean calendar days. If any time for action 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.
Section 35. Entire Agreement. This Development Agreement, and the DDA
referenced herein, represents the entire agreement of the parties with respect to the subject matter
hereof. There are no other agreements, oral or written, except as expressly set forth herein and
this Development Agreement supersedes all previous agreements, oral or written.
THIS SECTION INTENTIONALLY LEFT BLANK
19
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
Attest:
By:
CITY:
CITY OF TUKWILA, a municipal corporation
By:
Christy • laherty, City Clerk
Approved As To For
By:
Shelley Fake
City Attorney
DEVELOPER:
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC
By:
20
Bryan M. Park
Manager
STATE OF WASHINGTON )
)ss
COUNTY OF
On a154- 6iC1}41-hvi , 20 /.1,. before me, the undersigned, a Notary Public, personally appeared
JIM HAGGERTON, personally known to me (or proved to me on the basis of satisfactory
evidence) as the person whose name is subscribed to the within instrument, and acknowledged to
me that he executed the same in his authorized capacity as MAYOR OF THE CITY OF
TUKWILA, and that by his signature on the instrument the entity upon behalf of which he
acted, executed the instrument.
Nmmtifil
s
0=
yh a.6%._ OF `�'�P.`�
STATE OF WASHINGTON )
)ss
COUNTY OF
WITNESS my hand and official seal.
Print Name: ile li qa, Q. i-
NOTARY PUBLIC in and for the State of
Washington, residing at 7vga.ni .
My commission expires: ///9 /U(
Ona154. a►t&ku , 20 /d; before me, the undersigned, a Notary Public, personally appeared
BRYAN M. PARK, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within instrument, and acknowledged
to me that he executed the same in his authorized capacity, as MANAGER OF TUKWILA
VILLAGE DEVELOPMENT ASSOCIATES, LLC, and that by his signature on the
instrument the entity upon behalf of which he acted, executed the instrument.
=
,
•// ►r, OF WI).
WITNESS my hand and official seal.
Print Name: 1,16144.1 .4.. f} (-
NOTARY PUBLIC in and for the State of
Washington, residing at —7"µk4A)i 1A.
My commission expires: ,t /4 //(,
21
Exhibit A
Exhibit B
Exhibit C
EXHIBITS:
Legal Description of Property
Depiction of the Property
Form of Memorandum of Development Agreement
Exhibit A
Legal Descriptions of the Property
PARCEL A:
THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF
SEATTLE, AS PER PLAT RECORDED N VOLUME 13 OF PLATS. PAGE 12. RECORDS OF KING COUNTY
AUDITOR: AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15, TOWNSHIP 23
NORTH. RANGE 4 EAST W.M.. DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 1-EET OF
SAID SOUTHEAST 1/4:
THENCE SOUTH 01 °27'30" WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION:
THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1). DISTANT SOUTHERLY 250.50 FEET (AS MEASURED ALONG SAID EASTERLY
LINE) FROM THE NTERSECTION OF SAID EAS 1 ERLY LINE WITH THE NORTH LLNE OF THE SOUTH
812.6 FEET OF SAID SOUTHEAST 1/4:
THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LLNE OF SAID LOT 9;
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF;
THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LLNE OF A TRACT CONVEYED TO ZIBA
HUNTNGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 412377:
THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01 °27'30" WEST
FROM THE TRUE POINT OF BEGINNING:
THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID
SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4:
THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET:
THENCE NORTHWES 1 ERLY TO THE TRUE POINT OF BEGNNNG.
PARCEL A -1:
A NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN
WIDTH THE SOUTHERLY LIVE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 398.1 FEET OF THE EAST 525.5 FEET
OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15.
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER
OF SAID SUBDIVISION:
THENCE SOUTH 01°27'30" WEST 200 FEET TO THE TRUE PONT OF BEGINNING OF THE SOUTHERLY
LINE OF THE EASEMENT HEREIN DESCRIBED:
THENCE SOUTHWES 1 ERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1) WHICH PONT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID
HIGHWAY FROM A POINT N THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET. MORE OR
LESS. WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH
LINE THEREOF AS THE SAME IS PRODUCED WESTERLY:
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING. STATE OF WASHINGTON.
23
Exhibit A
Legal Descriptions of the Property
(continued)
PARCEL B:
THE NORTH 185.90 _FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 1-±ET OF THE EAST 1.031 FEET
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 23
NORTH. RANGE 4 EAST, W.M., LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1
(PACIFIC HIGHWAY SOUTH):
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON.
PARCEL C:
LOTS 1 THROUGH 6 INCLUSIVE. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHNGTON:
PARCEL D:
THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 15. TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING EASTERLY
OF THE STATE HIGHWAY NO. 1:
EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT
RECORDED UNDER RECORDING NO. 1158645:
AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15.
TOWNSHIP 23 NORTH. RANGE 4 EAST W.M.. LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE
HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF
SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH.
CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL E:
LOT A OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A
PORTION OF LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS. PAGE 21. N KING COUNTY. WASHINGTON:
PARCEL F:
LOT B OF SHORT PLAT NO. 90 -9 -SS. RECORDED UNDER RECORDING NO. 9010240314. BEING A
PORTION OF LOT 7. CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS. PAGE 21, N KING COUNTY. WASHINGTON:
24
Exhibit A
Legal Descriptions of the Property
(continued)
PARCEL G:
THE NORTH 220 FEET OF LOT 7, CHERRY LANE, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS, PAGE 21. IN KING COUNTY, WASHINGTON:
EXCEPT THE NORTH 132 FEET THEREOF:
PARCEL H:
LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,
PAGE 21. IN KING COUNTY. WASHINGTON:
EXCEPT THE NORTH 220 FEET THEREOF:
AND EXCEPT THE SOUTH 84 FEET THEREOF:
PARCEL I:
THE SOUTH 84 FEET OF LOT 7. CHERRY LANE. ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS. PAGE 21. IN KING COUNTY. WASHINGTON;
PARCEL K:
THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN
BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 31.
RECORDS OF KING COUNTY.
EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY. STATE
OF WASHINGTON. RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF
WASHINGTON RECORDED UNDER RECORDING NO 9603260430. RECORDS OF KING COUNTY.
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
PARCEL L:
THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS
PER PLAT RECORDED IN VOLUME 11 OF PLATS. PAGE 31. RECORDS OF KING COUNTY.
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
25
Exhibit A
Legal Descriptions of the Property
(continued)
PARCEL M:
THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS, AS PER PLAT RECORDED
IN VOLUME 11 OF PLATS. PAGE 31, DESCRIBED AS FOLLOWS:
BEGINNING AT A POLNT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF
TRACT 14:
THENCE WESTERLY 100 FEET:
THENCE NORTHERLY 26 FEET:
THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET:
THENCE EASTERLY 109.85 FEET:
THENCE NORTHERLY 22.20 FEET:
THENCE EASTERLY 60 FEET:
THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING:
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
PARCEL N:
THAT PORTION OF LOTS 12, 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS PAGE 31, DESCRIBED AS FOLLOWS:
BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14:
THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET:
THENCE EASTERLY 78.51 FEET:
THENCE SOUTHERLY 26 FEET:
THENCE EASTERLY 100 FEET:
THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON.
PARCEL 0:
LOT 14 1N BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.
PAGE 31. RECORDS OF KING COUNTY:
EXCEPT THE WEST 60 FEET THEREOF.
SITUATE IN THE CITY OF TUKWILA. COUNTY OF Ki1i TG. STATE OF WASHINGTON.
26
Exhibit A
Legal Descriptions of the Property
(continued)
PARCEL P:
THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS. AS PER PLAT RECORDED IN
VOLUME 11 OF PLATS. PAGE 31. RECORDS OF KING COUNTY:
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KLNG. STATE OF WASHINGTON.
PARCEL Q:
LOT 15. BLOCK 2. ADAMS HOME TRACTS. ACCORDING TO THE PLAT THEREOF. RECORDED IN
VOLUME 11 OF PLATS. PAGE 31. IN KING COUNTY.
EXCEPT THE WEST 29.5 FEET THEREOF:
AND EXCEPT THE SOUTH 11.5 FEET THEREOF:
AND EXCEPT THE EAST 3.0 FEET THEREOF.
27
Exhibit B
Depiction of the Property
The parcels A through I as indicated on the map below. Parcel J is not included.
Assessor tax parcel numbers:
152304 - 9092 -02, 152304 - 9096 -08, 152304- 9242 -01, 155420 - 0005 -09, 155420-
0010-02, 155420 - 0015 -07, 155420- 0020 -00, 155420 - 0030 -08, 155420- 0036 -02,
155420- 0025 -00, 155420- 0037 -01, 155420 - 0033 -05, 155420- 0035 -03, and
155420 - 0034 -04.
Note: This is not a plat of survey. It is provided as a convenience to identify and locate
the land subject to this Agreement with references to streets and other land.
]?26.2.1
3728.2.2
28
Exhibit B Continued
Depiction of the Property
The parcels K through Q as indicated on the map below.
Assessor tax parcel numbers:
004000 - 0145 -08, 004000 - 0146 -07, 004000 - 0180 -04, 004000 - 0191 -01, 004000-
0194-08, 004000 - 0196 -06, 004000 - 0198 -04
Note: This is not a plat of survey. It is provided as a convenience to identify and locate
the land subject to this Agreement with references to streets and other land.
295
.30
12.5
LA CST 1:
09.0 1509
79
0005
7799411 11.2
31
30 30 _ 99
i 1 30
L.OB
_ 1326_22
1326.22
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12:
50
6.S
:+d
9697{ 0100
SIAM
ti"
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NIMPONcoolINICI
1111146
T�i4R4
065544
12
0145
229639s
0175
0
0101121
0141
14
2147595
9209
0
Q
29014t q
0198
0191
si
110
031.72
Lot 1
16
24067; g
0205
99- 54 -00E ,^
131.69
Rs?
Lot 2
1
O
170279
0197
132.72
COMM
arts
29
17
1
36943,
IN.S OPI
17 !.t
021(
FIRST AMERICAN
1(0(118-7
11111111 111 11111 1111 II - .
AFTER RECORDING MAIL TO: IllI20130212001613
Name City of Tukwila
FIRS
Address 6200 Southcenter Blvd. PAGET001EOFC009MEMO 40.00
02/12/2013 12:41
City/State Tukwila, WA 98188 KING COUNTY, WA
Attn City Clerk
Document Title(s):
1. Memorandum of Development Agreement
Reference Number(s) of Documents Assigned or released:
N/A
Grantor(s):
1. Tukwila Village Development Associates, LLC
2.
[ ] Additional information on page of document
Grantee(s):
1. City of Tukwila
2.
[ ] Additional information on page of document
Abbreviated Legal Description:
PTN LOT 9, BLOCK 3, JAMES CLARK'S GARDEN ADD. TO THE CITY OF SEATTLE, VOL. 13, P. 12
AND PTN SEC 15 TWP 23N RGE 4E SE QTR SW QTR; LOTS 1-6 AND PTN LOT 7, CHERRY LANE,
VOL. 48, P. 21; LOTS A AND B, SP NO. 90-9-SS, REC. 9010240314; AND PTN LOT 12-15, BLOCK 2,
ADAMS HOME TRACTS, VOL. 11, P. 31, KING COUNTY
Tax Parcel Number(s):
152304-9242-01, 152304-9096-08, 152304-9092-02, 152304-9208-03, 155420-0005-09, 155420-
0010-02, 155420-0015-07, 155420-0020-00, 155420-0025-05, 155420-0030-08, 155420-0036-02,
155420-0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04, 004000-0180-04, 004000-
0194-08, 004000-0146-07, 004000-0145-08, 004000-0191-01, 004000-0196-06 and 004000-0198-
04
[ X ] Complete legal description is on page 5-9 of document
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
(Space Above This Line For Recorder's Use)
MEMORANDUM OF DEVELOPMENT AGREEMENT
GRANTOR: Tukwila Village Development Associates, LLC, a Washington
limited liability company
GRANTEE: City of Tukwila, a municipal corporation of the state of
Washington
LEGAL DESCRIPTION: See Attachment 1 hereto (page 4 of document).
PARCEL NUMBERS: 152304-9092-02, 152304-9096-08, 152304-9242-01, 155420-
0005-09, 155420-0010-02, 155420-0015-07, 155420-0020-00,
155420-0030-08, 155420-0036-02, 155420-0025-00, 155420-
0037-01, 155420-0033-05, 155420-0035-03, 155420-0034-04,
004000-0145-08, 004000-0146-07, 004000-0180-04, 004000-
0191-01, 004000-0194-08, 004000-0196-06 and 004000-0198-04.
5;34—041.12q�c93
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (the "Memorandum") is
made as of December 21, 2012, by and between the City of Tukwila, a municipal corporation
operating under the laws of the state of Washington as a non-charter code city (the "City"), and
Tukwila Village Development Associates, LLC, a Washington limited liability company (the
"Developer"). This Memorandum confirms that the City and Developer entered into that certain
Development Agreement, dated as of December 21, 2012 (the "DA") pursuant to the
authorization of RCW 36.70B.170 and TMC 18.86. The DA is intended and designed so that
development of that certain real property in Tukwila, WA, described in the attached Attachment
No. 1 (the "Property") will be governed by and vest to the Governing Regulations,
Development Standards and Conditions, and all other terms and conditions of the DA. The
rights, duties and obligations as set forth in the DA constitute covenants running with the land
1
and are binding upon the City, Developer, and their respective permitted successors in interest
under the DA with respect to the individual Development Parcels comprising the Property until
such time as the DA expires or terminates as to each such individual Development Parcel.
This Memorandum is prepared for the purpose of recordation, and it in no way modifies
the provisions of the DA. A complete copy of the DA is on file with the Office of the Tukwila
City Clerk and was approved pursuant to Ordinance No. 2391 of the Tukwila City Council.
CITY
CITY OF TUKWILA, a municipal corporation
/
By:
Its: /r/ < �., /f/
TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC
B
A _ GL
Its: QGt.✓fruh,
2
STATE OF WASHINGTON )
) ss
COUNTY OF kt li )
On oZl /) .hen avla- , before me, A-ND fi , personally appeared
\T( 91t✓ N. personally nown to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
- �
AO � l
.4,~ ,, Print Name: Me 064. R. thy!-
' 40fr NOTARY PUBLIC in and for the State of
1/0, Washington, residing at TiAgkittw
yt''���#', `+ My commission expires: !J'°1//(v
STATE OF WASHINGTON )
)ss
COUNTY OF
On alb , before me, A Ak4'j PIA-101A G, , personally appeared
M. P'&vk r personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Adtik
Jir,ley�A�Q . /iii Print Name: L1 C.L($5e-- I?. 't'
.14,400„ ♦s NOTARY PUBLIC in and for the State of
•
Washington, residing at -17,44uclA-
My commission expires: O/c'//(e
3
•
Attachment No. 1
Legal Description of Property
PARCEL A:
THAT PORTION OF LOT 9 IN BLOCK 3 OF JAMES CLARK'S GARDEN ADDITION TO THE CITY OF
SEATTLE.AS PER PLAT RECORDED IN VOLUME 13 OF PLATS.PAGE 12,RECORDS OF KING COUNTY
AUDITOR:AND OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23
NORTH.RANGE 4 EAST W.M..DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 812.6 FEET OF THE EAST 425.5 FEET OF
SAID SOUTHEAST 1/4:
THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;
THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY LINE OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1),DISTANT SOUTHERLY 250.50 FEET(AS MEASURED ALONG SAID EASTERLY
LINE)FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTH LINE OF THE SOUTH
812.6 FEET OF SAID SOUTHEAST 1/4:
THENCE SOUTHERLY ALONG SAID EASTERLY HIGHWAY LINE TO THE SOUTH LINE OF SAID LOT 9:
THENCE EASTERLY ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER THEREOF:
THENCE SOUTHERLY TO A POINT ON THE NORTHERLY LINE OF A TRACT CONVEYED TO ZIBA
HUNTINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING NO.412377;
THENCE EASTERLY ALONG SAID NORTH LINE TO A POINT WHICH BEARS SOUTH 01°2730"WEST
FROM THE TRUE POINT OF BEGINNING:
THENCE CONTINUING EAST TO A POINT 405.04 FEET WEST FROM THE EAST LINE OF SAID
SOUTHEAST 1/4 OF SOUTH SOUTHWEST 1/4:
THENCE NORTH PARALLEL WITH SAID EAST LINE 65 FEET:
THENCE NORTHWESTERLY TO THE TRUE POINT OF BEGINNING.
PARCEL A-1:
A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 20 FEET IN
WIDTH THE SOUTHERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTH 3981 FEET OF THE EAST 525.5 FEET
OF THE SOUTH 812.6 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15.
TOWNSHIP 23 NORTH.RANGE 4 EAST W.M.. 100 FEET DISTANT EAST OF THE NORTHWEST CORNER
OF SAM SUBDIVISION:
THENCE SOUTH 01°27'30"WEST 200 FEET TO THE TRUE POINT OF BEGINNING OF THE SOUTHERLY
LINE OF THE EASEMENT HEREIN DESCRIBED:
THENCE SOUTHWESTERLY TO A POINT ON THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH
(STATE ROAD NO. 1)WHICH POINT IS 250.50 FEET SOUTHERLY AS MEASURED ALONG SAID
HIGHWAY FROM A POINT IN THE EAST MARGIN OF SAID HIGHWAY DISTANT 23.40 FEET.MORE OR
LESS,WEST OF THE WEST LINE OF THE SUBDIVISION HEREIN DESCRIBED AND ON THE NORTH
LINE THEREOF AS THE SAME IS PRODUCED WESTERLY:
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING.STATE OF WASHINGTON.
4
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL B:
THE NORTH 185.90 FEET OF THE SOUTH 430.9 FEET OF THE WEST 505 FEET OF THE EAST 1.031 FEET
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15.TOWNSHIP 23
NORTH,RANGE 4 EAST.W.M..LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1
(PACIFIC HIGHWAY SOUTH);
SITUATE IN THE CITY OF TUKWILA COUNTY OF KING, STATE OF WASHINGTON.
PARCEL C:
LOTS 1 THROUGH 6 INCLUSIVE.CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED
IN VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON;
PARCEL D:
THE SOUTH 245 FEET OF THE WEST 505 FEET OF THE EAST 1031 FEET OF THE SOUTHEAST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 15,TOWNSHIP 23 NORTH.RANGE 4 EAST W.M..LYING EASTERLY
OF THE STATE HIGHWAY NO. 1;
EXCEPT THE SOUTH 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD BY INSTRUMENT
RECORDED UNDER RECORDING NO. 1158645;
AND EXCEPT THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 15,
TOWNSHIP 23 NORTH,RANGE 4 EAST W.M.,LYING SOUTHWESTERLY OF THE ARC OF A CIRCLE
HAVING A RADIUS OF 12.5 FEET WHICH IS TANGENT TO THE NORTH RIGHT OF WAY LINE OF
SOUTH 144TH STREET AND THE EAST RIGHT OF WAY LINE OF PACIFIC HIGHWAY SOUTH,
CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 7409040396;
SITUATE IN THE CITY OF TUKWILA.COUNTY OF KING,STATE OF WASHINGTON.
PARCEL E:
LOT A OF SHORT PLAT NO.90-9-SS.RECORDED UNDER RECORDING NO.9010240314,BEING A
PORTION OF LOT 7.CHERRY LANE,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS.PAGE 21,IN KING COUNTY.WASHINGTON;
PARCEL F:
LOT B OF SHORT PLAT NO,90-9-SS.RECORDED UNDER RECORDING NO.9010240314,BEING A
PORTION OF LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48
OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON:
5
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL G:
THE NORTH 220 FEET OF LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS,PAGE 21,IN KING COUNTY.WASHINGTON:
EXCEPT THE NORTH 132 FEET THEREOF:
PARCEL H:
LOT 7.CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 48 OF PLATS,
PAGE 21.IN KING COUNTY, WASHINGTON:
EXCEPT THE NORTH 220 FEET THEREOF:
AND EXCEPT THE SOUTH 84 FEET THEREOF:
PARCEL I:
THE SOUTH 84 FEET OF LOT 7,CHERRY LANE.ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 48 OF PLATS.PAGE 21.IN KING COUNTY.WASHINGTON:
PARCEL K:
THAT PORTION OF THE NORTH 105.12 FEET OF LOT 13 LYING EASTERLY OF STATE ROAD NO 1 IN
BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.PAGE 31.
RECORDS OF KING COUNTY,
EXCEPT THOSE PORTIONS OF LOT 13 CONVEYED FOR ROAD PURPOSES TO KING COUNTY.STATE
OF WASHINGTON.RECORDED UNDER RECORDING NO 7501150141 AND TO THE STATE OF
WASHINGTON RECORDED UNDER RECORDING NO 9603260430,RECORDS OF KING COUNTY.
SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING.STATE OF WASHINGTON.
PARCEL L:
THE WEST 60 FEET OF THE NORTH 83 FEET OF LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS,AS
PER PLAT RECORDED IN VOLUME 11 OF PLATS,PAGE 31,RECORDS OF KING COUNTY,
SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING,STATE OF WASHINGTON.
6
Attachment No. 1
Legal Description of the Property
(continued)
PARCEL M:
THAT PORTION OF LOTS 13 AND 14 IN BLOCK 2 OF ADAM HOME TRACTS,AS PER PLAT RECORDED
IN VOLUME 11 OF PLATS.PAGE 31.DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 60 FEET EAST AND 159 FEET NORTH OF THE SOUTHWEST CORNER OF
TRACT 14;
THENCE WESTERLY 100 FEET;
THENCE NORTHERLY 26 FEET:
THENCE WESTERLY 78.51 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 23.74 FEET:
THENCE EASTERLY 109.85 FEET;
THENCE NORTHERLY 22.20 FEET:
THENCE EASTERLY 60 FEET:
THENCE SOUTHERLY 70.60 FEET TO POINT OF BEGINNING;
SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON.
PARCEL N:
THAT PORTION OF LOTS 12. 13 AND 14 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT
RECORDED IN VOLUME 11 OF PLATS PAGE 31.DESCRIBED AS FOLLOWS:
BEGINNING 60 FEET EAST AND 125 FEET NORTH OF THE SOUTHWEST CORNER OF TRACT 14:
THENCE WESTERLY 198.14 FEET TO THE EASTERLY MARGIN OF PACIFIC HIGHWAY SOUTH:_
THENCE NORTHEASTERLY ALONG SAID HIGHWAY 63.02 FEET:
THENCE EASTERLY 78.51 FEET_:
THENCE SOUTHERLY 26 FEET:
THENCE EASTERLY 100 FEET;
THENCE SOUTHERLY 34 FEET TO POINT OF BEGINNING.
SITUATE IN THE COUNTY OF KING.STATE OF WASHINGTON.
PARCEL 0:
LOT 14 IN BLOCK 2 OF ADAMS HOME TRACTS.AS PER PLAT RECORDED IN VOLUME 11 OF PLATS.
PAGE 31.RECORDS OF KING COUNTY:
EXCEPT THE WEST 60 FEET THEREOF,
SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING.STATE OF WASHINGTON.
7
Exhibit A
Legal Descriptions of the Property
(continued)
PARCEL P:
THE WEST 28.6 FEET OF LOT 15 IN BLOCK 2 OF ADAMS HOME TRACTS,AS PER PLAT RECORDED IN
VOLUME 11 OF PLATS,PAGE 31.RECORDS OF KING COUNTY;
SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING,STATE OF WASHINGTON.
PARCEL Q:
LOT 15,BLOCK 2.ADAMS HOME TRACTS.ACCORDING TO THE PLAT THEREOF.RECORDED IN
VOLUME 11 OF PLATS.PAGE 31,IN KING COUNTY.
EXCEPT THE WEST 29.5 FEET THEREOF:
AND EXCEPT THE SOUTH 11.5 FEET THEREOF;
AND EXCEPT THE EAST 3.0 FEET THEREOF.
8
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2391 -2393.
On December 10, 2012 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2391: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO DEVELOPMENT AGREEMENTS
AUTHORIZED PURSUANT TO CHAPTER 18.86 OF THE TUKWILA MUNICIPAL
CODE; APPROVING AND AUTHORIZING THE PROPOSED TUKWILA VILLAGE
DEVELOPMENT AGREEMENT WITH TUKWILA VILLAGE DEVELOPMENT
ASSOCIATES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2392: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2390 RELATING TO
THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED $1,100,000
AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL OBLIGATION
BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE CERTAIN
IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED BY THE
TUKWILA METROPOLITAN PARK DISTRICT; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2393: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS;
PROVIDING FOR THE ISSUANCE, SALE AND DELIVERY OF NOT TO EXCEED
$1,100,000 AGGREGATE PRINCIPAL AMOUNT OF LIMITED TAX GENERAL
OBLIGATION BONDS TO PROVIDE FUNDS NECESSARY TO UNDERTAKE
CERTAIN IMPROVEMENTS TO THE POOL AND RELATED FACILITIES OWNED
BY THE TUKWILA METROPOLITAN PARK DISTRICT, AND TO PAY THE COSTS
OF ISSUANCE AND SALE OF THE BONDS; FIXING OR SETTING PARAMETERS
WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS;
APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE
FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER
RELATED MATTERS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 13, 2012