HomeMy WebLinkAbout13-065 - South Center WA LLC - Washington Place Development Agreement (223 Andover Park East)Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
20151224000544
CITY OF TUKWIL ORD 84.00
PAGE -001 OF 012
12/24/2015 12:01
KING COUNTY, WA
0
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
I. City of Tukwila Ordinance No. 2490 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) Exactly as name(s) appear on document
1 City of Tukwila
2.
Additional names on page of document.
Grantee(s) Exactly as name(s) appear on document
South Center WA, LLC
I. ,
2. ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Andover Industrial Park #2 Portion of Tract 9
Additional legal is on page of document.
Assessor's Property Tax Parcel /Account Number ■ Assessor Tax # not yet
assigned 0223100090
The Auditor /Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document), because this document does not meet margin and
formatting requirements. Furthermore, I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin /formatting requirements
City of Tukwila
Washington
Ordinance No. Dt ''`{ V
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 SECOND AMENDMENT TO THE
223 ANDOVER PARK EAST DEVELOPMENT AGREEMENT
WITH SOUTH CENTER WA, 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 City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective the 19th
day of March 2013 (and approved by Ordinance No. 2399 on March 18, 2013); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into the First
Amendment to the Development Agreement for the 223 Andover Park East
Development effective the 19th day of May 2014 (and approved by Ordinance No. 2438
on May 5, 2014); and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a
Second Amendment to the Development Agreement for the 223 Andover Park East
Development, a copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 9th day of November 2015 to take public testimony regarding this
Second Amendment to the Development Agreement as proposed;
W: Word Processing \Ordinances\223 APE DA- Second Amendment 10 -19 -15
MD:bjs
Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The Second Amendment to the 223 Andover Park East Development
Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of
which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized
and directed to execute said Second Amendment to Development Agreement on behalf
of the City of Tukwila.
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY O_ F )TUKWILf�, WASHINGTON, at
a Regular Meeting thereof this 165T» day of 1\i/ po.e b12/ , 2015.
ATTEST /AUTHENTICATED:
0`-
Christy O'Flah y, MMC, City Clerk
APPROVED AS TO FORM BY:
ac
Rachel B. Turpin, City Attorney
hie
Hagge,l
Filed with the City Clerk: 1 (.- ) 0-18
Passed by the City Council: j'.-) 6-1c
Published: 1 1-1q-.1 5
Effective Date: ,,— ()-11'6
Ordinance Number: avi ow
Exhibit A: Second Amendment to Development Agreement by and between the
City of Tukwila and South Center WA, LLC for the 223 Andover Park East
Development
W: Word Processing \Ordinances\223 APE DA- Second Amendment 10 -19 -15
MD:bjs
Page 2 of 2
13- 065(b)
Council Approval 11116115
Ordinance No. 2490
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Second Amendment ") is made and entered into this ilprh day of December
2015, by and between the CITY OF TUKWILA ( "City "), a non- charter, optional
code Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ( "Developer ").
I. RECITALS
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective
the 19th day of March, 2013 (and approved by Ordinance No. 2399); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into
the First Amendment to the Development Agreement for the 223 Andover Park
East Development effective the 19th day of May 2014 (and approved by
Ordinance No. 2438); and
WHEREAS, Developer has continued to proceed with the project per the
terms of the development agreement and has submitted a building permit for the
proposed development; and
WHEREAS, Developer has requested a minor amendment to the building
height provisions listed under the Development Agreement in order to proceed
with the proposed development; and
WHEREAS, the Development Agreement stipulated a maximum height of
180 feet for 50 percent of the site, which was subsequently amended to 190 feet
by the First Amendment to the Development Agreement; and
WHEREAS, due to the benefits as described in the Development
Agreement, the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC Section 18.86.050, the City
conducted a public hearing on the 9th day of November 2015 to take testimony
regarding this Second Amendment to the Development Agreement; and
1
WHEREAS, the City Council, pursuant to City Ordinance No. 2490,
approved this Second Amendment to the Development Agreement as proposed
and authorized execution of this Second Amendment to the Development
Agreement; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long -term benefit to both the City and the Developer, the Parties
hereby agree as follows:
11. AGREEMENT
1. Additional Building Height: Section 4.3 of the Development Agreement
is hereby amended so the maximum building height for 50 percent of the site
shall be 200 feet. The maximum height of the parapet wall of the elevator
penthouse shall be 205 feet. The remainder of the site is limited to the height
permitted by the zoning code in effect at the time of a complete building permit
submittal. Rooftop appurtenances are exempt from this height requirement per
TMC Section 18.50.080.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. This increase in building
height is consistent with the goals of the Comprehensive Plan to encourage
residential development within the Urban Center and is consistent with the City's
vision of increased urban density.
2. This Second Amendment shall be recorded against the Property as a
covenant running with the land.
3. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
2
In Witness Whereof, the parties have caused this Second Amendment to
be executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
Its: Mayor
Date: icabti h
Attest/Authenticated :
4 r e
6_'
gyp, Christ O'Flaherty, MC, City Clerk
Y
Approved as to Form:
City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
Omar Lee
Its: Manager
Date: / / - Z 3- - / S—
3
STATE OF WASHINGTON )
)ss
COUNTY OF J
On 20 /5 , 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.
iiiii181/INGI° 4".
STATE OF WASHINGTON )
)ss
COUNTY OF i <iny
WITNESS my hand and official seal.
Print Name: L4611 11 /-/A-'''i
NOTARY PUBLIC in and for the State of
Washington, residing at .0aTot -
My commission expires: fill%/
On Ala.M 1224 - Z7 , 20 15- , before me, the undersigned, a Notary Public, personally
appeared OMAR LEE, 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 SOUTH CENTER WA, LLC, and that by his signature
on the instrument the entity upon behalf of which he acted, executed the instrument.
- - - - - -- — - - - --
Notary Public I
1 State of Washington I
RACHEL YAMASHITA 1
My Appointment Expires Jun 18, 2018 I NOTARY PUBLIC in and for the State of
Washington, residing at Sect te.
My commission expires: J k vt e.- 1g) 2-0 I g
WITNESS my hand and official seal.
Print Name: I &( `%p,-s it I Z.
4
Return Address:
CITY CLERK
CITY T
So uthcenter Blvd. 20140603000439
6200 Socenter
Tukwila,WA 98188 CITY OF TUKWIL ORD 39.00
PAGE-001 OF 008
KING3COUNTY, WA9
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in)
City of Tukwila Ordinance 2438 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) Exactly as name(s)appear on document
1. City of Tukwila
2.
Additional names on page of document.
Grantee(s) Exactly as name(s)appear on document
1. n/a
2.
Additional names on page of document.
Legal description(abbreviated: i.e. lot,block,plat or section,township,range)
ANDOVER INDUSTRIAL PARK#2 PORTION OF TRACT 9-BEGIN NW CORNER
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number ❑ Assessor Tax#not yet
assigned 0223100090
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
"I am signing below and paying an additional$50 recording fee(as provided in RCW 36.18.010 and
referred to as an emergency nonstandard document),because this document does not meet margin and
formatting requirements.Furthermore,I hereby understand that the recording process may cover up or
otherwise obscure some part of the text of the original document as a result of this request."
Signature of Requesting Party
Note to submitter:Do not sign above nor pay additional$50 fee if the document meets margin/formatting requirements
City of Tukwila
Washington
Ordinance No. 2438
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 FIRST AMENDMENT TO THE 223 ANDOVER
PARK EAST DEVELOPMENT AGREEMENT WITH SOUTH
CENTER WA, 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 City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective the 19th
day of March, 2013 and approved by Ordinance No. 2399; and
WHEREAS, the City of Tukwila and South Center WA, LLC wish to enter into a First
Amendment to Development Agreement for the 223 Andover Park East Development, a
copy of which is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 28th day of April 2014 to take public testimony regarding this First
Amendment to the Development Agreement as proposed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The First Amendment to the 223 Andover Park East Development
Agreement by and between the City of Tukwila and South Center WA, LLC, a copy of
which is attached hereto as Exhibit A, is hereby approved and the Mayor is authorized
and directed to execute said First Amendment to Development Agreement on behalf of
the City of Tukwila.
W: Word Processing \Ordinances\223 APE DA -First Amendment 4 -22 -14
DS:bjs
Page 1 of 2
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this 610 day of rnGil , 2014.
ATTEST /AUTHENTICATED:
(Fre4.19,7 Al , A'
Christy O'Fla erty, MMC, City Cle Hagg i7 ayor
APPROVED AS TO FORM BY:
Sh - Iley M. Kersla �, City Attorney
Filed with the City Clerk: - 0.14
Passed by the City Council:
Published: � /
Effective Date:
Ordinance Number:
Exhibit A: First Amendment to Development Agreement by and between the
City of Tukwila and South Center WA, LLC for the 223 Andover Park East
Development
W: Word Processing \Ordinances\223 APE DA -First Amendment 4 -22 -14
DS:bjs
Page 2 of 2
13- 065(b)
Council Approval 11116115
Ordinance No. 2490
SECOND AMENDMENT TO
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
FILE COPY
THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (the
"Second Amendment ") is made and entered into this jVI- day of December
2015, by and between the CITY OF TUKWILA ( "City "), a non - charter, optional
code Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ( "Developer ").
I. RECITALS
WHEREAS, the City of Tukwila and South Center WA, LLC entered into a
Development Agreement for the 223 Andover Park East Development effective
the 19th day of March, 2013 (and approved by Ordinance No. 2399); and
WHEREAS, the City of Tukwila and South Center WA, LLC entered into
the First Amendment to the Development Agreement for the 223 Andover Park
East Development effective the 19th day of May 2014 (and approved by
Ordinance No. 2438); and
WHEREAS, Developer has continued to proceed with the project per the
terms of the development agreement and has submitted a building permit for the
proposed development; and
WHEREAS, Developer has requested a minor amendment to the building
height provisions listed under the Development Agreement in order to proceed
with the proposed development; and
WHEREAS, the Development Agreement stipulated a maximum height of
180 feet for 50 percent of the site, which was subsequently amended to 190 feet
by the First Amendment to the Development Agreement; and
WHEREAS, due to the benefits as described in the Development
Agreement, the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC Section 18.86.050, the City
conducted a public hearing on the 9th day of November 2015 to take testimony
regarding this Second Amendment to the Development Agreement; and
1
WHEREAS, the City Council, pursuant to City Ordinance No. 2490,
approved this Second Amendment to the Development Agreement as proposed
and authorized execution of this Second Amendment to the Development
Agreement; and
WHEREAS, the Parties desire to enter into this Second Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the Tong -term benefit to both the City and the Developer, the Parties
hereby agree as follows:
11. AGREEMENT
1. Additional Building Height: Section 4.3 of the Development Agreement
is hereby amended so the maximum building height for 50 percent of the site
shall be 200 feet. The maximum height of the parapet wall of the elevator
penthouse shall be 205 feet. The remainder of the site is limited to the height
permitted by the zoning code in effect at the time of a complete building permit
submittal. Rooftop appurtenances are exempt from this height requirement per
TMC Section 18.50.080.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. This increase in building
height is consistent with the goals of the Comprehensive Plan to encourage
residential development within the Urban Center and is consistent with the City's
vision of increased urban density.
2. This Second Amendment shall be recorded against the Property as a
covenant running with the land.
3. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
2
In Witness Whereof, the parties have caused this Second Amendment to
be executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
Its: Mayor
Date: /c2) / (j//;
Attest/Authenticated:
` Christy O'Flaherty, MMC, City Clerk
Approved as to Form:
City Attorney
SOUTH CENTER WA, LLC, a Washington limited liability company
B
Its: Manager
Date: / / - Z 3- — / 1'"
Omar Lee
3
STATE OF WASHINGTON )
)ss
COUNTY OF 4kt-+i l )
On / Le btex1 , 20 /5 , 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.
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STATE OF WASHINGTON )
)ss
COUNTY OF 1(1'1)
WITNESS my hand and official seal.
Print Name: L1e U
NOTARY PUBLIC in and for the State of
Washington, residing at &a—re/C.-
My commission expires: ///4)//6,
On // vt.,1,1,,,- Z-7 , 20 15- , before me, the undersigned, a Notary Public, personally
appeared OMAR LEE, 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 SOUTH CENTER WA, LLC, and that by his signature
on the instrument the entity upon behalf of which he acted, executed the instrument.
Notary Public
State of Washington
RACHEL YAMASHITA
My Appointment Expires Jun 18, 2018
WITNESS my hand and official seal.
Print Name: Yeuhr-.y
NOTARY PUBLIC in and for the State of
Washington, residing at 3 ect
My commission expires: itivt e 13, 2-0 i g
4
13-065(a)
FIRST AMENDMENT TO
Council 5/5/14
Ordinance n No._2438
DEVELOPMENT AGREEMENT BY AND
BETWEEN THE CITY OF TUKWILA
AND SOUTH CENTER WA, LLC FOR THE
223 ANDOVER PARK EAST DEVELOPMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First
Amendment") is made and entered into this Igm day of May 2014, by and
between the CITY OF TUKWILA ("City"), a non-charter, optional code
Washington municipal corporation, and SOUTH CENTER WA, LLC, a
Washington limited liability company ("Developer").
I. RECITALS
WHEREAS, the City and Developer entered into that certain Development
Agreement relating to the 223 Andover Park East Development, dated March 19,
2013 (the "Development Agreement"); and
WHEREAS, Developer has continued to refine the design of the proposed .
development; and
WHEREAS, Developer has requested an amendment to the Development
Agreement in order to proceed with the proposed development; and
WHEREAS, due to the benefits as described in the Development
Agreement the City desires the proposed development to proceed; and
WHEREAS, as required pursuant to TMC 18.86.050 the City conducted a
public hearing on the 28th day of April 2014 to take testimony regarding this First
Amendment to the Development Agreement; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2438
approved this First Amendment to the Development Agreement as proposed and
authorized execution of this First Amendment to the Development Agreement;
and
WHEREAS, the Parties desire to enter into this First Amendment to the
Development Agreement upon the terms and conditions as set forth herein,
NOW, THEREFORE, in consideration of the mutual promises set forth
herein and the long-term benefit to both the City and the Developer, the Parties
hereby agree as follows:
1
II. AGREEMENT
1. Building Height: Section 4.3 of the Development Agreement is hereby
amended so the maximum height for 50 percent of the site shall be 190 feet.
The building(s) may have no more than nineteen (19) floors. The nineteenth
floor may be used for common area open space such as a clubhouse, rooftop
deck, other common areas, a green roof and mechanical equipment but may not
be used for residential units or hotel guest rooms. The remaining requirements
of Section 4.3 remain in full force and effect.
2. Open Space: The building(s) shall have common open space of at
least 45 square feet per residential unit and 25 square feet per hotel room.
Common open space may include areas such as apartment lobby, hotel lobby,
restaurant/bar, meeting rooms, business centers, bike storage, pet walk area,
exercise room, hot tub and/or sauna, swimming pool, movie or video watching
room, clubhouse including kitchen, dining and bar areas, and outdoor seating
and barbeque areas. Space for the exclusive use of residents will count toward
the residential open space requirement. Space for the exclusive use of hotel
guests will count toward the hotel open space requirement. Space accessible to
both residents and hotel guests may be counted for either requirement, at the
election of the Developer.
3. Parking: The required minimum amount of on-site parking shall be 0.7
stalls per hotel guest room, one stall per studio unit, one stall per one bedroom
unit, one-and-a-half stalls per two bedroom unit, and two stalls per three
bedroom unit. Parking stalls that are stacked, in which some cars could be
blocked by other cars, may be counted toward the required minimum number of
parking stalls provided that the location of the stalls has been approved by the
City's Fire Marshal and a shuttle and valet parking plan has been approved by
the City administration. The Fire Marshal may approve a drive aisle width
between stacked cars less than required by TMC 18.56.090.
4. Signage: The proposed development may have signage according to
the City's sign code (TMC 19.20) with the following modifications:
a) Canopy-edge signs may be up to 3.5 feet in height and may have
up to two rows of letters.
b) Projecting signs and corner projecting signs per TMC 19.20.050 are
not allowed.
c) Special incentive signs for parking garages are not allowed.
d) Permanent building mounted wall signs: The building may have up
to two flush-mounted wall signs. One sign may be placed on the
northernmost wall and one on the westernmost wall regardless of
2
whether those walls have exterior public entrances. The maximum
allowable message area for the wall signs may be an area up to six
percent of the exposed building face to a maximum of 500 square
feet. The flush-mounted wall signs may not be cabinet or box signs
and must be channel-style letters and may be internally lit and/or
halo-lit.
5. This First Amendment shall be recorded against the Property as a
covenant running with the land.
6. Except as amended herein, the terms and provisions of the
Development Agreement remain in full force and effect.
In Witness Whereof, the parties have caused this First Amendment to be
executed, effective on the day and year set forth on the first page hereof.
CITY OF TUKWILA, a Washington municipal corporation
c By:
J. aggertr/
Its: ayor
Date: G°-'I
Attest/Authenticated: Approved as to Form:
go
Christy O'Flaherty, MMC, City Jerk City Attorney
SOUTH CENT WA, LLC, a Washn limited liability company
By: 4111releedi
ar Lee
Its: Manager
Daterr/‘ r z f
3
STATE OF WASHINGTON )
)ss
COUNTY OF r I A)9 )
On ‘9 , 20 i t''1 , before me, the undersigned, a Notary Public, personally
appeared JIM IAGGERTON, 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.
y� h WITNESS my hand and official seal.
4*'CI . O '
� Ati
if ` � / _VBG
h4���•0�hu��,�p• NOTARY PUBLIC in and fort State of ,//��
►i f WAS Washington, residing at E�'e.c1TiJU�-'r,
tttthaa.
My commission expires: 9-16
STATE OF WASHINGTON )
)ss
COUNTY OF Kin 9 )
On it4t 16 , 20 t , before me, the undersigned, a Notary Public, personally
appeared OMAR LEE, 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 SOUTH CENTER WA, LLC, and that by his signature
on the instrument the entity upon behalf of which he acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
State of Washington
JI SOO PARK h
I My Appointment Expires Nov 18,2015. ; Print Name: Si Svc Park
NOTARY PUBLIC in and for the State of
Washington, residing at /. efkev(,c.2
My commission expires: (WI('i R .20 tc
4
Return Address:
CITY CLERK
CITY OF TUKWILA
6200 Southcenter Blvd.
Tukwila, WA 98188
20130415001542
Pelaiihr,1'414
RECORDER'S Cover Sheet (RCW 65.04)
. ...eo p..... o. .gyp .. ....... ........... ..__--_____ —__ ____.
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1. City of Tukwila Ordinance 2399 2.
3. 4.
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1. City of Tukwila ,
2. ,
Additional names on page of document.
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1. n/a ,
2. ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
ANDOVER INDUSTRIAL PARK #2 PORTION OF TRACT 9 - BEGIN NW CORNER
Additional legal is on page 12 of document.
Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet
assigned 0223100090
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City of Tukwila
Washington
Ordinance No. c 3 7 9
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 223 ANDOVER PARK EAST
DEVELOPMENT AGREEMENT WITH SOUTH CENTER WA, 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 City of Tukwila and South Center WA, LLC wish to enter into a
Development Agreement for the 223 Andover Park East development, a copy of which
is attached hereto as Exhibit A; and
WHEREAS, as required pursuant to TMC Section 18.86.050, a public hearing was
conducted on the 11th day of March 2013 to take public testimony regarding this
Development Agreement, as proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399, approved this
Development Agreement as proposed and authorized execution of this Development
Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. The 223 Andover Park East Development Agreement by and between
the City of Tukwila and South Center WA, LLC, a copy of which is attached hereto as
Exhibit A, is hereby approved, and the Mayor is authorized and directed to execute said
Development Agreement on behalf of the City of Tukwila.
W: Word Processing\Ordinances\223 APE DA 2 -20 -13
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Page 1 of 2
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCI OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this / ai14 day of m P "c h , 2013.
ATTEST/AUTHENTICATED:
t0
r.
erty, MMC, City CI
APPROVED AS TO FORM BY:
y M. Kers = - , ' ity Attorney
Exhibit A — Development Agreement
W: Word Processing \Ordinances\223 APE DA 2 -20 -13
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Ji, aggerto!'ayor
Filed with the City Clerk: '__ - 1_ 3
Passed by the City Council: 3 —) ? -4i
Published: —-1-1-.1
Effective Date: -r: 6-13
Ordinance Number: 61 cl
Page 2of2
DEVELOPMENT AGREEMENT Council Approval 3/18/13
13-065
Council App
FOR THE Ordinance No. 2399
223 ANDOVER PARK EAST DEVELOPMENT
THIS DEVELOPMENT AGREEMENT ( "Development Agreement ") is entered into as
of the )/1-‘- day of A-{uxch , 2013 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 South Center WA, LLC, a Washington limited liability company ( "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, the site of this development is located in the core of the Tukwila Urban
Center, between Westfield Southcenter Mall and the Sounder Commuter Rail Station; and
WHEREAS, the proposed development is for the construction of one or two buildings up
to 180 feet in height that would comprise approximately 170 hotel guest rooms and 350
residential units; and
WHEREAS, this site lies within the core of Tukwila's Urban Center (TUC). The Tukwila
Urban Center Element of the Comprehensive Plan outlines a vision for the TUC to be a "great
place for working, shopping, doing business, living, or playing." One of the noted future
features is "a core area of high quality, walkable retail, entertainment, housing, public spaces,
and employment..." This site is located in the TUC core and would add housing that is walkable
to transit, retail, and entertainment; thus, it supports the Comprehensive Plan; and
WHEREAS, Tukwila's Urban Center is one of the region's 17 designated urban centers.
The Countywide Planning Policies defines and envisions urban centers as areas of concentrated
employment and housing with direct service by high- capacity transit. This proposed
development would place concentrated employment and housing within the core of the Tukwila
Urban Center and helps the City meet the intended purpose of the urban center; and
WHEREAS, this development will be a catalyst to create a pedestrian friendly, walkable
neighborhood in the core of Tukwila's Urban Center. People who would choose to stay or live
in this development would do so for the convenient access to the freeways but also for the
1
convenience of walking to restaurants, entertainment, shopping, buses, and the commuter rail
station; and
WHEREAS, the development will be of high quality and will improve the image of
Tukwila's Southcenter District and identity for the entire City; thereby having the potential to
attract further high quality development; and
WHEREAS, the development will stimulate additional residential development in the
area by demonstrating the financial feasibility of this type of development and demonstrating
demand for high quality housing stock; and
WHEREAS, residential units will assist the City in meeting its housing targets as
required by the Growth Management Act and as determined through King County's Countywide
Planning Policies; and
WHEREAS, the City has a goal to encourage ownership of housing as a method to foster
stability in our population and schools. This project would be developed with the ability to
readily convert to condominiums; and
WHEREAS, as required pursuant to TMC 18.86.050, a public hearing was conducted on
the 11th day of March, 2013 to take public testimony regarding this Development Agreement, as
proposed; and
WHEREAS, the City Council, pursuant to City Ordinance No. 2399 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
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. Project Description. This development involves the construction of one
or two buildings of up to eighteen stories each. The Property is located within the Tukwila
2
Urban Center and is identified on Exhibit A (legal description) and B (site map). The current
anticipated use of the property consists of approximately 170 hotel guest rooms and 350
residential units, as well as related parking facilities.
Section 3. 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 development to certain terms and conditions. Other than those terms
and conditions specifically identified in this Agreement, the City's regulatory codes in effect at
the time of a complete building permit application are accepted by the City shall apply.
Section 4. Development Standards; Conditions.
4.1 Effective Period of this Agreement. This Development Agreement shall be valid
until December 31, 2015. If Developer has not submitted, and the City has not accepted, a
complete building permit application and building permits have not been secured for the
development by that date, this Development Agreement shall be void and development may
occur on the subject site pursuant to the then - adopted development regulations.
4.2 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 Effective
Period, the provisions of this Section 4 set forth the development standards that differ from or
supplement those standards set forth in the City's development regulations. Accordingly, the
following development standards shall apply to and govern and vest the development and use of
the Project in lieu of any conflicting or different standards or requirements elsewhere in the
Governing Regulations.
4.3 Additional Building Height. The maximum building height for 50 percent of the
site shall be 180 feet. The remainder of the site would be limited in height by the zoning code in
effect that the time of a complete building permit application. This increase in building height is
consistent with the goals of the Comprehensive Plan to encourage residential development within
the Urban Center and is consistent with the City's vision of increased urban density.
4.4 Residential Units. The development must include at least 250 but no more than
450 residential units.
4.5 Condominium Declaration. In order to receive a Certificate of Occupancy the
Developer must provide the City a copy of a Washington condominium declaration for all
residential units built, along with the survey map and plans, which show surveying data for the
overall parcel, as well as details of buildings and the location of units. These documents do not
3
have to be recorded but must otherwise be in conformance with RCW 64.34 et seq. In addition,
each residential unit must have an individual electric meter.
Section 5. Major and Minor Amendments - Development Agreement. All
proposed amendments to the Development Agreement shall be considered in accordance with
this Section 5.
5.1 Process. The Mayor may approve Minor Amendments to the Development
Agreement proposed by the City or 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. 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.
5.2 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 4 (Development Standards; Conditions) hereof, does not
materially modify the size or scope of the development, and does not modify the Vesting Period
or term of this Development Agreement.
5.3 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.
5.4 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 6. Further Discretionary Actions. Developer acknowledges that the
Development Agreement contemplates 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
4
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 4 hereof.
Section 7. 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 8. 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 9. Termination. This Development Agreement shall expire and/or terminate
on the earlier of the termination/expiration provisions set forth as follows:
9.1 This Development Agreement shall terminate upon the expiration of the Effective
Period identified in Section 4 hereof.
9.2 Upon termination 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 10. Assignment and Assumption. The Developer shall not have the right to
sell, assign or transfer this Development Agreement with all its rights, title and interests therein
to any person, firm or corporation at any time during the term of this Development Agreement
provided that the Developer may sell, assign, or transfer this Development Agreement with all its
rights, title, and interests therein to any firm or corporation in which the Developer has a
majority interest. 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 30 days in advance of such
action.
Section 11. Covenants Running With the Land; Recording. 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 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.
Section 12. Amendment to Agreement; Effect of Agreement on Future Actions.
This Development Agreement may be amended by mutual consent of all of the Parties, provided
5
that any such amendment shall follow the process established for Major and Minor Amendments
as set forth in this Development Agreement.
Section 13. 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 14. 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 15. Interpretation. The Parties intend this Development Agreement to be
interpreted to the full extent authorized by law as an exercise of the City's authority to enter into
development agreements pursuant to RCW 36.70B.170, et seq., and this Development
Agreement shall be construed to exclude from 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 16. 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:
If to the City:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 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
6
If to Developer:
South Center WA, LLC
18230 East Valley Highway, Suite 195
Kent, WA 98032
425 - 251 -1600
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 17. 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
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 10 days from the
commencement of the cause and such extension of time is not rejected in writing by the other
Party within 10 days of receipt of the notice (such extension of time is referred to herein as
"Force Majeure"). Times for performance under this Development Agreement may also be
extended in writing by the City and Developer in accordance with Section 11 herein.
Section 18. 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
7
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 19. 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 20. 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
lawsuit without the consent of the City. The City shall act in good faith and shall not
unreasonably withhold consent to settle.
Section 21. 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 22. 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 23. Exhibits and Appendices Incorporated. Each Exhibit attached hereto or
referenced is incorporated herein by such reference as if fully set forth herein.
8
Section 24. 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 25. 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 26. 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.
AS OF THE DATE FIRST WRITTEN ABOVE, the Parties evidence their agreement to
the Terms of this Development Agreement by signing below:
Attest:
By: �41u -�Q t , ' f'u-
�n Chris tY O'Flahe rt Y , City Clerk
Approved As To Form:
By: 'Ct.cku 6 �
,c-u(Shelley Kerslake
City Attorney
CITY:
CITY Oil, UKWILA, a municip�
Haggert.7
ayor
By:
DEVELOPER:
South Center LC
By:
9
1 corporation
Omar Lee
Manager
STATE OF WASHINGTON )
)ss
COUNTY OF ' )
On 7t7av, e /9 , 20/3, 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.
0 •• C • i 'r /
' I Y._
/I1, 4 "G; O$ ``��
STATE OF WASHINGTON )
)ss
COUNTY OF Ktl' )
WITNESS my hand and official seal.
Q -754-00L
Print Name: JJe-I, ? R. /%u- t—
NOTARY PUBLIC in and for the State of
Washington, residing at iRkto%'>-.)
My commission expires: l/ /N /j�.
On anc )1 , 20/5, before me, the undersigned, a Notary Public, personally appeared
OMAR LEE, 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 SOUTH CENTER WA,
LLC, and that by his signature on the instrument the entity upon behalf of which he acted,
executed the instrument.
WITNESS my hand and official seal.
Print Name: /Wit / .x
NOTARY PUBLIC in and for the State of
Washington, residing at crZlk -ur l�
My commission expires: 1 I lq 6,
10
Exhibit A
Exhibit B
EXHIBITS:
Legal Description of Property
Depiction of the Property
11
Exhibit A
Legal Description of the Property
ANDOVER INDUSTRIAL PARK # 2 PORTION OF TRACT 9 - BEGIN NW CORNER TH
SELY ALONG CURVE TO LEFT RADIUS OF 573.69 FT CENTER BEARING N 86 -37-
32 E ARC DISTANCE OF 15.07 FT TO POB TH S 88 -25 -27 W 208.90 FT TH S 88 -25-
14 E 140.09 FT TH S 88 -25 -27 E 224.93 FT TAP ON E LINE OF TRACT 9 TH ALONG
PERIMETER OF TRACT 9 S 01 -05 -08 W 273 FT TH N 88 -25 -27 W 505.43 FT TH N
14 -39 -30 W 184.47 FT TH ALONG CURVE TO RIGHT RADIUS OF 573.69 FT ARC
DISTANCE OF 97.91 FT TO POB
12
0010
3Gb U
0032
- -10' UTIL. ESMT.
172
212
Exhibit B
Depiction of the Property
14820 S
0032
78
2.58
BAKER BLVD
32530 SF
0037
152.01
32537 ,� SF�
. •
0038
0
90
30 i 30
173.34
10' UTIL. EOM.
•
30
STRIAL PARK NO. 2
208.90
N 88 -25 -27 W
49757 SF
'ba
1.14 AC.
0035
1✓
sz
575.27
52134 SF
0080 r
I:a
140.09
573.90
TR. 9
0)
0
0
0,
0
9
212237 S_
4.87 AC.
0075
Subject
Propert
N at. 25 .2
8 2
022320
148507 SF
3.41 AC
0090
-2:c r
2 21
ANDOVER INDUSTRIAL
PARK NO. 3
13
L0
REF. _UK BLA # L94-002i5 04052