HomeMy WebLinkAboutReg 2004-07-19 COMPLETE AGENDA PACKET Tukwila City Council Agenda
o:o REGULAR MEETING
~ 1~4t
Steven M. Mullet~ Mayor Councilmembers: · Para Carter · Joe Duffie
Rhonda Berry, City Administrator · Dave Fenton · Joan Hernandez
Jim Haggerton, Council President · Pamela Linder · Dennis Robertson
Monda~t, Jul~t 19, 2004; 7 PM · Ord #2054 · Res #1553
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL
2. SPECIAL Strateg~ Mapping Forecast - Rob Larson, ClearPath
PRESENTATIONS
3. PROCLAMATIONS/ Designating the week of July 18-24, 2004 as Aquatics Week
APPOINTMENTS (accepting the Proclamation will be Malcolm Neely,
Aquatics Program Coordinator, City of Tukwila).
4. CITIZEN At this time, you are invited to comment on items not included on this
COMMENT agenda. To comment on an item listed on this agenda, please save your
comments until the issue is presented for discussion.
5. CONSENT a. Approval of Minutes 7/6/04 (Regular); 7/12/04 (Special)
AGENDA b. Approval of Vouchers.
6. PUBLIC HEARINGS Local Law Enforcement Block Grant funds to reduce crime and
~mprove public safety.
7. UNFINISHED An ordinance ren. ewing a six-month moratorium on acceptance of
BUSINESS applications for certain land divisions and development activities
and land uses within the area designated for Transit-Oriented
Development (TOD) around the temporary Sounder Commuter
Rail/Amtrak station at Longacres.
8. NEW BUSINESS a. Authorize Mayor to sign a Purchase and Sale Agreement with
Northfield Ventures, LLC in the amount of $830,000 for the
property located at 14224 Tukwila Int'l Blvd. (car wash
property).
b. A resolution adding a $100.00 Change Fund at the
6300 Building for DCD and Public Works.
9. REPORTS a. Mayor c. Staff e. Intergovernmental
b. City Council d. City Attorney
10. MISCELLANEOUS
11. EXECUTIVE SESSION
12. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings With advance notice by calling the
City Clerk's office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci.Tukwila.wa.us,
and also in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings a~e audio taped.
Why Strategy?
presented by
PATH
WESTERN AVENUE STE 300 SEATTLE, WA 98104
TEL 206.464.0300 FAX
City of Tukwila "Why Strategy?"
sl~e 1
Why Strategy??
Isn't Planning and
Budgeting Enough??
Notes / Comments
City of Tukwila "Why Strategy?"
slt~e 2
There are Opportunities/
r~ Tukwila has more opportunity than any city in
the region for growth, reputation, accomplishment...
AdjaCent to Intemal~onal Airport
Between two Seaports ·
Hub of major State Roadways
Connected to major Rail Lines
Has largest Retail Shopping Mall in State
Contains broad set of Natural Amenities
Home of major lndusttiar, Commercial, and Hospitali[y services
~ Opportunity creates challenges in the balance
of prioritieS, resources, and needs for action:
Pdoritization of Capital Projects
Response to 'Findings of Commercial Key Customer' survey
Recognizing Economic Drk, ers- to take advantage of market, regional trends, etc.
Clari~ng How to Compete, proac~ively
Dealing with Staffing Limitations
Responding to Changing Demands and Relea of Council & Staff
Notes / Comments
City of Tukwila "Why Strategy?"
sl~ 3
There is Waste & Inefficiency,
not like we normally think
...every person is often working very hard, with good intentions
[3 It often takes 4 - 20 times longer to build
consensus, or never get it, then go ahead anyway
[] We spend money when there is a better approach
and we sr~ould have known it
[] We spend money at the wrong time -toosoon, ortoolate
[] We spend 20 - 400% more because of lack of,evera~s of ava,,abie
resources - people, processes, systems, and/or real property,
[] We don't address an opportunity or
risk unt,~ everyone
else is doing it
0 We expect
a result when it is not obvious how to do it, or how to deal with
known barriers
Notes / Comments
CRy of Tukwila "Why Strategy?"
sl~e 4
Why Strategy?
- Symptoms of the Prob/em
Q Them are over 19,000 municipalities in the US
[] Less than 50% have a strategy
Q 95% of these who do felt it was moderately/very
effective
[] The best of these have seen dramatic value
The primary Complaints are:
[] Lack of Stakeholder involvement
[] Lack of Follow-up (a buried book in the drawer)
Notes / Comments
City of Tukwila 'Why Strategy?"
sl~e 5
We Often Do Stuff
The Things we don't do,
but think about
Notes / Comments
City of Tuk~vila "Why Strategy?"
sl~e ~
With Strategy stun Makes Sense
...and We don't Miss Things*
and we don't Wear our People out
Results Perspective
Community NeedsP_.e.~~ f ~
Infrastructure Pers~ective ~m;~,~-
~ur ~ ~.
Note~ / Comment~
City of Tuk~vila '~Why Strategy?"
sl~e 7
Four Perspectives in Strategy
Vision
Re~lt~ /~i,
Notes / Comments
City of Tukwila "Why Strategy?"
sl~e 8
Signs of Need-what we hearf see
~ We need to... - "connect our people to the plans",
- "make progress"
- "focus", "have a shared vision", "have clear priorities"
- "connect everything we need to do"
- "do the right things"
- "decide on priorities"
- "engage people in more ways"
Things seem...
- "too confusing" vs. clear,
- "lmplementat'on's hard"
Notes / Comments
City of Tuklvila "Why Strategy?"
sl~e 9
How will a Stra~e~g~
Ch~ this?
It will help
> Recogn!ze wh.a.t is Relevant
from past, in present, intofuture
,,,& NOt miss Anything Important
> Build Understanding and Buy.in
...&
Clarify Roles, make expectations specific, clear, & reinforce accouctabiltiies
> Recognize Opportunities,,.ka=ea, a.ticonnac~ons
...& Assure Balance in investments, activities, roles, decisions
> Leverage Resources to their best potenfial
...& Understand Timing & the optimum order of events
~. Focus on Priorities
,,,& Set Measures for Progress of commitments & value of impact to community
Notes / Comments
City of Tuk~vila "Why Strategy?"
sltge 10
...What will We do Differently?.
Create a
Strategy,
then Build it into our
Operations Plan
Planning and Budgeting
...by themselves are not enough
Notes / Comments
City of Tukwila "Why Strategy?"
sluqe 11
Strategy Implementation Roadma p~
Notes / Comments
City of Tukwi~ 'Why Strategy?"
sl~e 12
City of Tukwila Building an Effective Strategy
Residential Draft for Council
~-[~ Develop Plans into
Notes / Comments
City of Tukwila 'Why Strategy~
sl~e 13
Definitions:
Strategy
"A performance management system
which defines critical objectives,
optimizes resources,
and sets measures
to achieve challenging goals"
Operating Plan
"A detailed action plan
that supports and communicates
how the organization will achieve
the objectives of the strategy~
Notes / Comments
Office of the Mayor
City of Tukwila, Washington
PROCLAMATION
WHEREAS, recreational activities and the creative use of free time are
essential to the well-being of'each member of our community; and
WHEREAS, education, athletic and recreational programs throughout the City
of Tukwila encompass a multitude of activities that result in personal
accomplishment, self-satisfaction and family unity for all citizens, regardless of their
background, ability level or age~ and
WHEREAS, recreational programs offering swimming and other aquatic-
related activities are often attributed to good physical and mental health and
enhance the quality of life for all people; and
WHEREAS, the Aquatics Division of the Parks and Recreation Department
offers exceptional water-based programs; and
WHEREAS, the City of Tukwila is proud of the aquatic programs of this
community and their contributions toward providing for all ages a healthy place to
recreate, a place to learn and grow, to swim, build self-esteem, confidence and a
sense of self-worth, which contribute to the quality of life in our community; and
WHEREAS, the Tukwila community benefits daily from these programs, in
addition to the continuous increase of knowledge and skills of our professional
aquatic team, and appreciates every individual who is part of this profession for
their dedication and commitment.
NOW, THEREFORE, I, Mayor Steven M. Mullet, Mayor of the City of
Tukwila, do hereby proclaim July 18-24, 2004, as:
Aquatics' Week
Signed this day of ,2004.
Steven M. Mullet, Mayor of Tukwila
CO UNCIL AGENDA SYNOPSIS
· . .... 07-19-04 ,, ,_/c~t.Z~
ITEM INFORMATIONii '
CAS NUMBER: REF 04-102 IOR~O~N^J~ACEND^DAam: 3ULY 12, 2004
~GEND^ [a~Trr~ (07-19-04) Public Hearing re: proposed use of LLEBG Funds
(07-12-04) Proposed resolution indicating the Cibl'S desire to apply for Local Law
Enforcement Block Grant Funds, setting a public hearing date and authorizing the Mayor
to make formal application to the program.
X Public [] Other
CAT~GOrCY X Discussion [] Motion K Resolution [] Ordinance [] Bid Mavard Hearing
Mtg Date 07-12-04 M~g Date Mtg Date 07-12-04M(g Date MOg Date 07-19-04 Mt, g Date
SPONSOR [] Coundl [] Mqor
[--] Adm Svcs [~] DCD []Finance [--] Fire []Legal ['-IPe~R X Police [-]Plg7
SPONSOR'S Each year, Tulo~ila Police Department personnel is responsible for the application of
Su~RY funds from the Local Law Enforcement Block Grant. The proposed use of funds
remains the same as last year - to reduce crime and improve public safety.
The application process timeline has been greatly reduced for 2004. As applications
are due by 3uly 23, 2004, time is of the essence on this issue.
I~EVIEWED BY X COW Mtg. [] CA&P Cmte [] F&S Crate [] Transportation Crate
[] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm.
DATE: 07-12-04
RECOMMENDATIONS: (07-19-04) - Hold the public hearing.
(07-12-04) Approve/sign the proposed resolution setting a public
SPONSOR/ADMn4. hearing date on 3uly 19~ 2004.
CoMMn-mg Same as sponsor.
EXPENDITURE REQUIRED ~dvIOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
COW Meeting & Special Meeting - Discussed and approved resolution setting public
07-12-04 hearing date for 3uly 19, 2004.
07-19-04
07-19-04 None.
COUNCIL A GENDA SYNOPSIS
4 r �9S ..„,:i.
Initials ITEM NO.
y 1 Meeting Date Prnpatrd by 1 Mayors review 1 Council review
r 1 July 12, 2004 1 LM I
I July 19, 2004 1 LM( J ,ta., 1 `f.,, J
rsoa I I I I
I I I I I
ITEM INFORMATION 1
CAS NUMBER: Ref 04-006 I ORIGINAL AGENDA DATE: 1 -26-04
AGENDA ITEM TITLE Adoption of a proposed ordinance renewing a temporary moratorium on the
acceptance of applications for certain land divisions and land use decisions
within the area designated for transit oriented development.
CATEGORY Discussion I] Malian Resolution X Ordinance p Bid Award ❑Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 7.19.04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayar
Adm Svcs X DCD Finance Fire Legal MYR Police PIV
SPONSOR'S Council must renew or modify the proposed ordinance, or allow the current ordinance
SUMMARY to expire.
REVIEWED BY X COW Mtg. X CA &P Cmte F&S Cmte Transportation Cmte
Utilides Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 7.12.04
RECOMMENDATIONS:
SPONSOR /ADMIN. Recommend adoption of the proposed ordinance
COMMI T TEE CAP supported the ordinance and forwarded to COW for public
hearing.
COST IMPACT FUND SOURCE)
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$None
Fund Source:
Comments:
1 MTG. DATE I RECORD OF COUNCIL ACTION
Council adopted Ordinance No. 2037, Establishing a temporary moratorium on the
2.02.04 acceptance of applications for certain land divisions and land use decisions within
the area designated for transit oriented development.
6.29.04 Community Affairs and Parks Committee recommends forwarding proposed
ordinance renewing the six -month moratorium to COW for a public hearing.
7.12.04 Council held a public hearing on the proposed ordinance renewing the six -month
moratorium.
(continued...)
MTG. DATE I ATTACHMENTS
7,:J2,04 Memo to City Councilmembers RE: Public hearing on a proposed ordinance~
establishing 'a temporary moratorium on land divisions and certain land use
Proposed ordinance re, newing six-month moratorium.
Copy of Memo to CAP,RE: Six-month renewal of Ordinance No. 2037.
Copy of Public Hearing Notice
Copy of letter dated 3une 30~ 2004 sent to affected property owners and businesses
in the TOD planning area.
Minutes of CAP meetingt 3une 29~ 2004.
7..~9.04 Memo to City Councilmembers RE: Adoption of the proposed ordinance establishing
a temporary moratorium on land divisions and certain land use decisions in the
Longacres TOD planning area.
C)~q~nance ( £L~7~
Depariment of Commumty Development Steve Lancaster, Director
TO: City of Tukwila Councilmembers
From: Steve Lancaster ~x__~ ~
Date: January 28, 200 ,4_~
Subject: Adoption of proposed ordinance establishing a temporary moratorium on land
divisions and certain land use decisions in the Longacres TOD planning area.
Background
There has been a moratorium on the acceptance of applications for certain land divisions, and
development activities and land uses within the area designated for transit-oriented development
(TOD) around the temporary commuter rail/Amtrak station at Longacres since September, 2002.
The current moratorium, Ordinance No. 2025, will expire February 18, 2004. Planning for the
TOD area is underway, and there is still a need for keeping the moratorium in place. Staff
recommends renewing the ordinance with a modification to allow the UUP for the temporary
Sounder Commuter Rail Station to be extended while the moratorium is in place.
Update on the TOD Plan
Since passage of the moratorium:
· All but one of the series of workshops and stakeholder meetings have occurred.
· The staff and consultant team, based on workshop results, is preparing detailed land use
scenarios (based on public and City feedback) for the combined TUC/TOD areas, using
two development alternatives.
· This plan will be folded into the overall Tukwila Urban Center (TUC) plan. A draft TUC
plan is anticipated to be available in June, 2004. The final TUC Plan is anticipated to be
completed and ready for the adoption process in fall of 2004.
Provisions of the Ordinance
The only substantive differences between the proposed ordinance and the existing one is that the
proposed ordinance allows for the extension of a current land use permit from the moratorium
provisions.
Within the TOD planning area, the proposed ordinance:
· Prohibits the filing of all permits and approvals related to:
land divisions
such uses or activities as manufacturing, industrial & auto-oriented businesses.
· Exempts the filing of and approvals related to:
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-366~
Sign permits and building permits for tenant improvements.
· Allows the filing of approvals related to:
All other uses currently allowed under TUC zoning which support and implement the
vision for the area, including those that are easily redevelopable such as auto sales
lots, contractor or storage yards, or commercial parking. There are more uses
permitted than restricted under the moratorium.
Summary of Public Hearing Comments
There were no public comments at the hearing held on July 12, 2004. No written comments
were received.
Proposed Next Steps
Council adopts the proposed ordinance, and allows Ordinance No. 2037 to expire. Council
revisits the moratorium in six months (January 2005).
Staff Recommendations
There is still a need for keeping the existing ordinance in place until a land use/transportation
framework is adopted. Staff recommends renewing the ordinance without modifications.
v41LA h
akt W\ tl
lobs
City of Tukwila
r Washington
Ordinance No
-i IA
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RENEWING A SIX -MONTH MORATORIUM ON
ACCEPTANCE OF APPLICATIONS FOR CERTAIN LAND DIVISIONS
.r'3h';;i_ AND DEVELOPMENT ACTIVITIES AND LAND USES WITHIN THE
AREA DESIGNATED FOR TRANSIT ORIENTED DEVELOPMENT
AROUND THE TEMPORARY COMMUTER RAII/AMTRAK STATION AT
:„„4.,f, LONGACRES; PROVIDING FOR SEVERABILTTY; AND DECLARING AN
3,
c. EMERGENCY.
s
WHEREAS, the City of Tukwila issued an Unclassified Use Permit in 1999
allowing Sound Transit to construct a temporary station for Sounder commuter rail and
Amtrak service at Longacres, adjacent to the Burlington Northern Railroad; and
WHEREAS, the City recognized the unique opportunity to promote a more
compact, mixed use, pedestrian supportive pattern of development that makes effective
use of its proximity and accessibility to the rail station, and includes a mix of retail,
71` service, office and residential uses; and
:4 WHEREAS, a more intensive pattern of transit oriented development (TOD)
would assist the City with the redevelopment of the Tukwila Urban Center, one of
thirteen designated urban centers within King County, and provide workers with
commercial, public and recreational services close to where they live or work; and
WHEREAS, a more intensive pattern of TOD would benefit the region by assisting
;c:: in achieving Growth Management Act requirements and increasing local and regional
transit ridership; and
P WHEREAS, in August 2001, the City held a workshop, inviting other key
stakeholders to explore the possibilities for a TOD in the Longacres area; and
a: WHEREAS, the workshop resulted in strong support for the project and a "vision"
for land use and transportation in the Longacres TOD area; and
WHEREAS, to implement this vision, the City applied for and was awarded a $1.5
,.`->3;, million grant by the Federal Highways Administration to prepare a master plan for the
i? Longacres area, identifying land use, urban design and transportation /circulation
objectives, as well as to prepare implementing ordinances and design guidelines,
>a::" complete environmental review of the plan and designate it as a planned action, and
:',-.4 integrate the design of the permanent commuter rail /Amtrak station; and
WHEREAS, while the City anticipates the TOD master plan project to be
completed by the end of 2004, some issues need to be addressed immediately in order
for the TOD project to be successful; and
WHEREAS, the Tukwila Urban Center (TUC) zoning district allows for a variety of
high- intensity regional uses in the TOD planning area, including light industry and
warehousing, some of which may not be of appropriate type, density or character to
support the intent of a TOD; and
TOD Moratorium 7/15/04 1 of 4
WHEREAS, the Longacres site is considered one of the region's key opportunities
for TOD, primarily due to the large amount of vacant and redevelopable land
surrounding the station; and
WHEREAS, Sound Transit's Unclassified Use Permit for the temporary Sounder
Commuter Rail Station will need to be extended in order to ensure that the permanent
Sounder Station is designed based on a completed TOD master plan; and
WHEREAS, any significant amount of new development occurring prior to the
establishment of a desired pattern of uses in the TOD master plan could jeopardize the
City's ability to implement the TOD plan; and
YS?
WHEREAS, the City has already received a proposal for development within the
TOD planning area that would have been inconsistent with the stated vision for the
::f:;;> TOD and threaten the successful implementation of the TOD master plan; and
WHEREAS, the City's Municipal Code allows for the division of land and
adjustment of boundary lines that, if allowed to occur in the TOD planning area, would
make future land assemblage for a TOD project difficult and costly, and threaten the
<g '`F' successful implementation plan; and of the TOD master
P P
WHEREAS, within the TOD planning area, the City desires to take immediate steps
to preserve the land available for development or redevelopment and restrict land uses
that do not implement the vision for the area until the TOD at Longacres master plan
and environmental review are completed, certain implementing zoning regulations are
adopted by the City, and other related regional transportation infrastructure issues are
decided; and
WHEREAS, the City also desires to ensure public input on these issues; and
WHEREAS, the moratorium will expire on August 1, 2004, and the TOD planning
process is not yet completed; and
;t
WHEREAS, a public hearing on this proposed ordinance was held on July 12, 2004;
and
WHEREAS, the City desires to preserve the status quo for the protection of the
health, safety and welfare of City residents, as it relates to development in Tukwila,
Y r until these matters are more fully considered and, therefore, has determined that an
emergency exists;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings of Fact and Emergency Declared. The "Whereas" clauses,
above, are hereby adopted by reference as the City Council's findings of fact as if fully
set forth herein. Furthermore, the City Council hereby declares an emergency necessary
for the protection of the public health, public safety, public property or public peace.
Section 2. Moratorium Area Defined. For the purposes of this ordinance, "the TOD
planning area" is identified in Figure 1. This area is bounded by I-405 on the north,
Tukwila city limits on the east, the southern boundary of parcel number 2523049006 on
the south, and West Valley Highway on the west.
Section 3. Moratorium on Activities. The moratorium established by Ordinance
No. 1996 is hereby renewed, regarding the filing of permits and approvals within the
TOD planning area relating to
TOD Moratorium 7115/04 2 of 4
1. Land Divisions: This includes all permits and approvals related to
subdivisions, short subdivisions, boundary line adjustments, and lot consolidations.
2. Development Activities and Land Uses: Except for sign permits, building
permits for tenant improvements, the extension of current and use permits, and
expansion of existing businesses on existing lots, this includes all applications and
approvals for any and all:
a rezones
b. conditional use permits
c. unclassified use permits
d. variances
e. binding site plans
4 required environmental review
g building permits
h. land altering permits relating to the following activities and uses:
%'ht; (1) Amusement parks
(2) Automobile, recreational vehicles or travel trailer sales rooms. No
1 dismantling of cars or travel trailers nor sale of used parts allowed.
cr y4rr:.
(3) Automotive services
(4) Cemeteries and crematories
''"-`D (5) Commercial laundries
(6) Drive -in theaters
(7) Drive through restaurants
5 (8) Electrical substations distribution
(9) Heavy equipment repair and salvage
;.'.'a (10) Internet data /telecommunication centers
J
(11) Manufacturing, processing and/ or packaging of foods, including
iZ
but not limited to, baked goods, beverages (except fermenting and distilling), candy,
T canned or preserved foods, dairy products and byproducts, frozen foods, instant foods
and meats (no slaughtering)
(12) Manufacturirtg, processing and /or packaging pharmaceuticals
and related products, such as cosmetics and drugs
'rk;::„ (13) Manufacturing, processing, and /or packaging previously
prepared materials including, but not limited to bags, brooms, brushes, canvas, clay,
y clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood
(14) Manufacturing, processing, assembling, packaging and /or
4'w;" repairing electronic, mechanical or precision instruments such as medical and dental
fyi,,
4 equipment, photographic goods, measurement and control devices, and recording
;4r equipment.
;a;. (15) Manufacturing, processing and /or assembling previously
y.. prepared metals including, but not limited to, stamping, dyeing, shearing or punching
P`;rr
of metal, engraving, galvanizing and hand- forging.
(16) Motels
:'A
(17) Recreation facilities (commercial indoor), including bowling
alleys, skating rinks, shooting ranges
(18) Warehouse storage and /or wholesale distribution facilities
h Section 4. Effective Period of Moratorium. The moratorium renewed by this
ordinance shall become effective as set forth in Section 7 below, and shall continue in
TODMoratorium 7/15/04 3 of4
++b+_n+e«umre¢renewed modified the City
Council r a subseq t public hearing and entry a±mra
Section s Work Program. The Mayor &autrizeaeallo_ the necessary
resources to prepare a work pro gram to address the land use and transportation
g issues ide ed in this ordinance and the City shall implement such a work
y program.
Section 6__%1any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its app to any person or situation should be held to
be invalid or unconstitutional m an reason by a court of competent jurisdiction, suc h
invalidity unconstitutionality ,hall not affect the validity or constitutionality of
remaining portions of this ordinance or its application to any other per son or situ n
Section 7 Effective Date This w _*=wununary thereof, shall be published
itt the official newspaper aper of the City. As set forth in Section 1, this public emergency
ordinance necessary for the protection e public health, public safety, pub property
at public peace —.hallbe effective inunediately upon ay n, pursuant to
;CW 35A.12.130.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .s#
Ate% UTHENTIc me
Steven M Mullet, Ma yor
Jane E Cantu, CM« City Clerk
d with the City Clerk:
APmOVEommmRM s Passed the City Council:
ƒ
Published:
Effective Date:
Othce of the City Attorney Ordinance m_
T __m 04 4 of 4
COUNCIL AGENDA SYNOPSIS
Initials ITEM NO.
Z 1 Meeting Date I Prepared by 1 Mayor's review 1 Council review I
I ay j 1 7/19/04 I ARD 1 JL I
y I I I
tans 1 1 1 1 I
O
CAS Number: 04-103 I Original Agenda Date: 7/19/04
Agenda Item Title: Northfield Car Wash nurchase and sale of property for new car wash
Original Sponsor: Council Admin. X
Timeline: Approve at July 19, 2004 meeting
Sponsor's Summary: Northfield Car Wash as part of the planned Tukwila Village project is ready for purchase.
See Staff Report
Recommendations:
Sponsor: Approve as submitted
Committee: Finance Safety scheduled for July 19, 2004
Administration: Approve as submitted
I Cost Impact (if known): $830,000
II Fund Source (if known): 302 Fund (See Staff Report)
Meetinz Date 1 Action
7/19/04
Meeting Date 1 Attachments
7/19/04 Staff Report from Finance Director date July 13, 2004
7/19/04 Draft Contract between City and Andy Berg, dba Northfield Car Wash
To: Mayor & City Council
From: Alan R. Doerschel (~ ~-~
Date: July 13, 2004
Subject: Northfield Car Wash Purchase
The final draft, approved by Andy Berg and his attorney, as well as our City Attorney is
now presented to the Mayor and Council for approval. The financial purchase package is
what we offered ($830,000) several months ago. The key elements of the purchase are:
· City will pay $230,000 towards purchase upon contract signing. An additional
$600,000 will be paid when the permit is issued for the new car wash. See Page 2
of the agreement for additional detail
* Northfield will have 15 months to vacate current site after signing of agreement.
After the City Council authorizes the Mayor to sign the purchase agreement due diligence
as stated in the agreement will commence.
There is funding in the Facilities Fund - 302 for this purchase. However, the planned
revenue fi.om development is not expected in 2004 and a cash flow shortage will appear
in the Planning Mddel until there is a developer agreement.
DRAFT 06/16/04
PROPERTY EXCHANGE AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of this
day of , 2004 by and between the City of
Tukwila, a municipal corporation, ("City"), and Northfield Ventures, LLC ("Northfield").
RECITALS
A. The City is the owner of certain real property commonly known as 14840 Pacific
Highway South in the City of Tukwila, King County, Washington legally described in
Exhibit A attached hereto and incorporated herein by this reference ("City Property").
B Northfield is thc owner of certain real property commonly known as 14224 Pacific
Highway South in the City of Tukwila, King County, Washington, legally described in
Exhibit B attached hereto and incorporated herein by this reference ("Northficld
Property").
C. The City had determined that the Northfield Property is necessary and will be used for
a public purpose. Under threat of condemnation pursuant to RCW 81.112, ~the City and
Northfield agree that Northfield will deed the Northfield Property to the City in exchange
for ' , ~- ~, the City Property- and payment of additional funds fc, r
............... e~L.j.the value of the City Property and the additional funds constituting
iust compensation for the Northfield Pr6perty.
AGREEMENT
The parties hereto agree as follows:
1. Recitals Incorporated. The above recitals are incorporated herein as part of the
substantive terms of this Agreement.
2. Property Exchange and Consideration. Under threat of condemnation, Northfield
agrees to convey the Northfield Property to the City by Statutory Warranty Deed upon
closing, as described herein ("Closing"). As just compensation for the Northfield
Property and in consideration for Northfield'§ agreement to establish a new car wash
facility in Tukwila, the City agrees to convey the City Property to Northfield by Statutory
· Warranty Deed at Closing and shall pay Northfield Eight Hundred Thirty Thousand
Dollars ($830,000.00) to be payable as follows:
· - A. $230,000 shall be paid at Closing.
B. $600,000 shall be paid upon issuance of the construction permit for a new car
wash facility to be built by Northfield on the City Property.
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3. Tax C~. Neither party makes any representations or warranties, express or
implied, regarding the actual tax consequences of the property exchange.
4. Operation of Existing Carwash. The City and Northfield intend to allow Northfield to
continue operating the existing car wash facility ("Existing Car Wash") located upon the
Northfield property at its sole risk for a period up to, but not to exceed, fifteen months
from Closing. Northfield will indemnify the City as described in Paragraph 10 hereof.
The City and Northfield acknowledge that the right granted to Northfield by this
paragraph is a valuable right'and is consistent with providing just compensation for the
Northfield Property.
5. Time for Development of New Car Wash. The City and Northfield intend to transfer
the City Property to Northfield as a location for the development and construction of a
new car wash facility (the "New Car Wash") within a period not to exceed fifteen months
from the date of this agreement. In the event that the New Car Wash is not under
construction by such date, Northfield shall deliver title to the City Property to the City,
free and clear of any liens or encumbrances arising since Closing and Northfield shall
vacate the City Property. Upon such delivery of title, and if the City has not yet paid the
$600,000 amount identified under Paragraph 2 (b), then the City will pay Northfield
$945,000.00 all cash. In the event that the City has already paid the $600,000 identified
under Paragraph 2(b), then City will pay Northfield $345,000.00 all cash. Such payment
will be in lieu of the payment described in Paragraph 2(B) above and shall constitute,
with prior payments and other consideiation described herein, just compensation for the
Northfield Property.
6. Condition of Title - City Property.
(a) City Property Title Commitment. The City shall, as soon as practicable, cause to be
furnished to Northfield a commitment for an owner's standard coverage policy of title
insurance (''City Property Title Commitment") issued through a title company mutually
approved by Northfield and the City ("Title Company"), describing the City Property,
listing Northfield as the prospective named insured and showing Eight Hundred Thirty
Thousand Dollars ($830,000.00) as the policy amount.
(b) Review of City Property Title Commitment. Northfield shall have until ten (10) days
after receipt of the City Property Title Commitment in which to notify City of any
objections Northfield has to any matters shown or referred to in the City Property Title
Commitment. Except as expressly set forth herein, any exceptions or other items which
are set forth in the City Property Title Commitment to .which Northfield does not object
within the 10-day review period shall be deemed to be permitted exceptions (''Northfield
· Permitted Exceptions"). Building, zoning, subdivision, or use restrictions applicable to
the City Property shall be considered Northfield Permitted Exceptions. With regard to
items to which Northfield objects, the following shall apply:
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i) City shall have ten (10) days from receipt of Northfield's objections to notify
Northfield whether it agrees to remove the unpermitted exceptions set forth in
Northfield's Objections;
ii) If City does not agree to remove such unpermitted exceptions, Northfield may,
within ten (10) days, waive and withdraw its objections.
If the City agrees to remove such objections, the City shall use all reasonable
efforts to cure such objections by the date of closing. If the City is unable to cure such
objections by the date of closing, Northfield may, as Northfield's sole remedy, waive the
objections not cured and proceed to closing or terminate this Agreement by notice to the
City.
7. Condition of Title - Northfield Property.
(a) Northfield Property Title Commitment. Northfield shall, at City's expense per page
8, section (iii) as soon as practicable, cause to be furnished to City a commitment for an
owner's standard coverage policy of title insurance ("Northfield Property Title
Commitment") issued through the Title Company, describing the Northfield Property,
listing City as the prospective named insured and showing One Million Four Hundred
Thousand Dollars ($1,400,000.00) as the policy amount.
(b) Review of Northfield Property Title Commitment. City shall have until ten (10) days
after receipt of the Northfield Property Title Commitment in which to notify Northfield of
any objections City has to any matters' shown or referred to in the Northfield Property
Title Commitment. Except as expressly set forth herein, any exceptions or other items
which are set forth in the Northfield Property Title Commitment to which City does not
object within the 10-day review period shall be deemed to be permitted exceptions ("City
Permitted Exceptions"). Building, zoning, subdivision or use restrictions applicable to
the Northfield Property shall be considered City Permitted Exceptions. Northfield's
existing Frontier Bank lien shall not be considered a City Permitted Exception and
paragraph X(b) shall govern the removal thereof. With regard to items to which City
objects, the following shall apply:
i) Northfield shall have ten (10) days from receipt of City's objections to notify
the City whether it agrees to remove the unpermitted exceptions set forth in the City's
Objections;
ii) If Northfield does not agree to remove such unpermitted exceptions, the City
may, within ten (10) days, waive and withdraw its objections.
If Northfield agrees to remove such objections, N~ orthfield shall use all reasonable
efforts to cure such objections by the date of closing. If Northfield is unable to cure such
-objections by the date of closing, City may, as City's sole remedy, waive the objections
not cured and proceed to closing or terminate this Agreement by notice to Northfield.
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8. Conditions Precedent. The parties' obligations under this Agreement and the
effectiveness of this Agreement shall be subject to the following conditions precedent:
(a) Inspection Contingency. This Agreement is conditioned on an inspection report of
the Property. Within twenty (20) days of the mutual acceptance of this Agreement,
Northfield shall arrange an inspection of the City Property. The inspection report shall be
prepared by a professional inspector of Northfields's choice and at Northfield's expense.
Northfield may disapprove the inspection report on the basis of any condition identified
in the inspection report that the inspector recommends be corrected. This contingency
shall conclusively be deemed satisfied unless, within twenty (20) days after execution
hereof, City receives from Northfield notice of disapproval identifying the condition(s)
contained in the inspection report to which Buyer objects, and a copy of the inspection
report. If City does not agree in writing to correct the condition(s) identified by
Northfield, then within 3 days thereafter Buyer may elect to terminate this Agreement, in
which event this Agreement shall be null and void and of no further force and effect.
City hereby grants to Northfield and its agents, employees, and independent contractors
right of entry onto the City Property to make such soil tests and such other investigation
as Northfield may deem reasonably necessary; provided, however, that such investigation
shall not cause any damage to the City Property. Northfield shall hold City harmless
from and against any and all liabilities incurred by Northfield by reason of damage to
persons or property arising from the negligent or intentional acts or omissions of
Northfield or its agents on the City Property. Furthermore, Northfield shall not permit
any lien to be placed on the City Property by any person hired by Northfield for the
purpose of examining, inspecting, or surveying the City Property. If any such lien or other
charge of any kind is placed on the City Property, Northfield shall promptly discharge it
by paying the amount claimed or posting a bond in lieu of the lien.
(b) Financing. Northfield currently holds title to the Northfield Property
subject to an underlying Frontier Bank loan secured by a first deed of trust. This
Agreement is contingent upon Frontier Bank's acceptance of the City Property as
substitute collateral on that above-mentioned loan. City shall be responsible for payment
of any fees charged to Northfield by Frontier Bank as a result of said substitution of
· collateral. Furthermore, if Frontier Bank requires a standard lender's policy of title
insurance, the City shall pay costs associated with obtaining that policy. In the event
Frontier is unwilling to accept the substitute collateral this Agreement shall be null and
void and of no further fome and effect.
9. Indemnity. During the period of time after Closing, but before Northfield ceases
operations of the Existing Car Wash, Northfield covenants and agrees to indemnify,
defend and hold harmless the City, its officers, agents and employees from and against
-any and all claims, actions, damages, liabilities, costs and expenses, including reasonable
attorneys' fees in connection with or occasioned, in whole or in part by any act or
omission arising from or out of North field's operation of the Existing Car Wash.
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With respect to the operation of the Existing Car wash, and as to claims against the City,
its officers, agents and employees, Northfield waives its immunity under Title 51 of the
Revised Code of Washington for injuries to its employees and agrees that the obligation
to indemnify, defend and hold harmless provided for in this paragraph extends to any
claim brought by or on behalf of any employee of Northfield.
The parties mutually negotiated this waiver. This indemnity provision shall not apply in
the event any acts 'or omissions of the City were the sole cause of any such damage or
injury. To the extent any of the damages referenced herein were caused by or resulted
from the concurrent negligence of the City, its agents or employees and Northfield, its
officers, agents, and employees, this obligation to indemnify, defend and hold harmless is
valid and enforceable only to the extent of the negligence of Northfield, its officers,
agents, and employees. I
10. Disclosure.
(a) City Property Disclosure. Northfield acknowledges that, except as expressly set forth
in this Agreement, neither City nor any agent or representative or purported agent or
representative of City have made, and City is not liable for or bound in any manner by
express or implied warranties, guaranties, promises, statements, inducements,
representations, or information pertaining to the City Property or any part thereof, the
physical condition, title, size, zoning, thereof, the uses which can be made of the same or
the fitness of any thereof for any particular purpose of any other matter or thing with
respect thereto, except that City warrants that the City Property is properly zoned for use
as a car wash facility. Without limiting the foregoing, Northfield acknowledges and
agrees that City is not liable for or bound by (and Northfield has not relied upon) any oral
or written statements, representations, or any other information respecting the City
Property or any portion thereof furnished by City or any other broker, employee, agent,
consultant or other person representing or purportedly representing City.
Co) Northfield Property Disclosure. City acknowledges that, except as expressly set forth
in this Agreement, neither Northfield nor any agent or representative or purported agent
or representative of Northfield has made, and Northfield is not liable for or bound in any
manner by express or implied warranties, guaranties, promises, statements, inducements,
representations, or information pertaining to the Northfield Property or any part thereof,
the physical condition, title, size, zoning thereof, the uses which can be made of the same
or the fitness of any thereof for any particular purpose or any other matter or thing with
respect thereto. Without limiting the foregoing, City acknowledges and agrees that
Northfield is not liable for or bound by (and City has not relied upon) any oral or written
statements, representations, or any other information respecting the Northfield Property or
any portion thereof furnished by Northfield or any other broker, employee, agent,
-consultant or other person representing or purportedly representing Northfield.
11. Hazardous Materials.
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(a) Northfield Property Hazardous Materials. Northfield hereby represents and warrants
to City that the Northfield Property is not and has not been, during the period of
Northfield's Ownership of the Northfield property, used for the storage or disposal of any
toxic or hazardous waste, material or substance, except to the extent of substances used in
the ordinary course of a car wash business, and that no known materials or substances
exist on the Northfield Property. Northfield hereby agrees to indemnify and hold City
harmless from any and all loss, damage, liability and expense (including reasonable
consultant's and attorneys' fees) incurred by City arising out of or related to Northfield's
breach of this paragraph. Northfield further agrees to submit copies of all materials
currently in its possession regarding any testing of the Northfield Property for hazardous
materials.
Additionally, Northfield shall, at City's option and expense and within twenty-one (21)
days of the signing of this Agreement, provide the City with a Level One Environmental
Report. If such report shows any reasonable possibility of environmental contamination,
Northfield shall, at City's option and expense and within forty-two (42) days of the
signing of this Agreement, provide City with a Level Two Environmental Report. If the
Level Two report shows any reasonable possibility of environmental contamination, all of
the parties agree that City may terminate this Agreement with no penalty by written notice
to all parties not later than fifty-seven (57) days after signing the Agreement.
(b) City Property Hazardous Materials. Except as referenced in any reports provided by
City, City hereby represents and warrants to Northfield that the City Property is not and
has not been (during the period of CiD's ownership of the City Property) used for the
storage or disposal of any toxic or hazardous waste, material or substance, and no
materials or substances exist on the City Property. City hereby agrees to indemnify and
hold Northfield harmless from any and all loss, damage, liability and expense (including
reasonable consultant's and attorneys' fees) incurred by Northfield arising out of or related
to City's breach of this paragraph. City further agrees to submit copie~ of all materials
currently in his possession regarding any testing of the City Property for hazardous
materials. Such materials shall be supplied to both Northfield and Northfield
immediately upon signing this agreement.
· City shall, at City's expense and within twenty-one (21) days of the signing of this
Agreement, provide Northfield with a Level One Environmental Report. If such report
shows any reasonable possibility of environmental contamination, City shall, at City's
expense and within forty-two (42) days of 'the signing of this Agreement, provide
Northfield with a Level Two Environmental Report. If the Level Two report shows any
· reasonable possibility of environmental contamination, all of the parties agree that
Northfield may terminate this Agreement with no penalty by written notice to all parties
not later than fifty-seven (57) days after signing the Agreement.
Additionally, City acknowledges that City has allowed contractors working on the City
right-of-way adjacent to the City Property to fill the City Property with material from off
site. In the event such fill is unacceptable as fill material or otherwise inappropriate for
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use on the City Property in the possession of Northfield, the City shall pay for any
necessary and appropriate removal or other disposition.
12. Closing
(a) Time and Place for Closing. Within thirty (30) days after the date that all of the
conditions precedent set forth in Sections 9 above have been satisfied (or such other date
as the parties may agree), the closing ("Closing") shall take place.
(b) Events at Closing:
(i) City shall deliver to Northfield the following:
(A) A Statutory Warranty Deed duly executed and acknowledged by City
conveying the City Property to Northfield.
(B) A standard coverage policy of Title Insurance issued by the Title
Company conforming to the requirements of Section 8 above insuring Northfield's title in
the amount of Eight Hundred Thousand Dollars ($830,000.00) and containing no
exceptions other than the Northfield Permitted Exceptions.
(C) A non-Foreign Affidavit duly executed and acknowledged by City.
(ii) Northfield shall deliver to City the following:
(A) A Statutory Warranty Deed duly executed and acknowledged by
Northfield conveying the Northfield Property to City.
(B) A standard coverage policy of Title Insurance issued by the Title
Company conforming to the requirements of Section 9 above insuring City's title in the
amount of One Million Four Hundred Thousand Dollars ($1,400,000.00) and containing
no exceptions other than the City Permitted Exceptions.
(C) A non-Foreign Affidavit duly executed and acknowledged by
Northfield.
(c) Events After Closing
(A) Within fifteen months of the date of this agreement, Northfield shall
cease operation of the Existing Car Wash and vacate the Northfield
Property
(B) Upon the issuance of the construction permit for the New Car Wash,
the City shall pay $600,000.00 to Northfield. In the event that a New Car
Wash is not constructed as described in Paragraph 5, and within thirty (30)
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days of receipt of written notice from Northfield of its' intention not to
construct the New Car Wash, .if the City has not yet paid the $600,000
amount identified under Paragraph 2 (b), then the City will pay Northfield
$945,000.00 all cash. In the event that the City has already paid the
$600,000 identified under Paragraph 2(b), then City will pay Northfield
$345,000.00 all cash. Such payment will be in lieu of the payment
described in Paragraph 2(B) above and shall constitute, with prior
payments and other consideration described herein, just compensation for
the Northfield Property.
(c) Expenses. The expenses associated with the above transactions shall be allocated
among the parties as follows:
(i) Escrow Fees. City shall pay all escrow fees charged by the Title Company.
(ii) Attorneys' Fees. Subject to Section 16 below, each party shall pay its own
attorneys' fees.
(iii) Costs. Except as otherwise excluded or limited elsewhere herein, City shall
pay for all transaction costs related to the property exchange, including but not limited to,
premiums for the Policies of Title Insurance, Real Estate Excise Taxes, and the recording
fees for the Statutory Warranty Deeds. City shall pay for all such costs related to the City
Property together with the environmental costs.
(d) Prorations. Real estate taxes, installments of current year special assessments (if and
to the extent they are approved exceptions), utility charges and other operating income
(including, without limitation, rent due under the Northfield Option) or expenses
applicable to the City Property and the Northfield Property shall be prorated up to and
including the date of closing, based upon the actual days involved. To the extent that the
amounts of such charges, expenses, and income referred to in this Section are unavailable
at the Closing date or in the event of prorations made on the basis of erroneous
information or clerical errors, a readjustment of these items shall be made within thirty
(30) days after Closing or as soon as practical after discovery of any erroneous
· information or clerical error. After Closing, City shall be responsible for all expenses
related to the Northfield Property and Northfield shall be responsible for all expenses
related to the City Property; provided that, Northfield shall be responsible for all expenses
associated with the operation of the Existing Car Wash. City and Northfield shall, on or
before Closing, furnish each other and the Title Company with all information necessary
to compute the prorations provided for in this Section.
13. Signage. City agrees that it shall issue a permit to Northfield, at Northfield's option,
-- to display a sign on the west side of the premises stating that the Northfield car wash has
moved to a new location for a period of 30 days after close of the Existing Car Wash.
This thirty-day period may be extended by mutual agreement. The maximum sign area
allowed is 50 square feet per side and a total of 100 square feet for both sides. The sign
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must be set back from property lines a distance at least equal to the overall height of the
sign. The sign shall meet all other sign code regulations. The signage shall be
constructed, maintained, and removed at Northfield's expense.
14. Default. Any party hereto shall be in default hereunder if such party shall fail to
comply with any term, covenant, agreement, or obligation on its part required, within the
time limits and in the manner required in this Agreement. In the event of a default
hereunder the non, defaulting party or parties shall be entitled to pursue all remedies
available at law or in equity, including, but not limited to, specific performance.
15. Attorneys' Fees. If it shall be necessary for any party hereto to employ an attomey to
enforce its fights pursuant to this Agreement because of the default of another party, the
non-defaulting party shall be entitled to recover fi.om the defaulting party or parties all
costs, including reasonable attorneys' fees, incurred in connection with such default.
16. Brokera e.g~_QCommission. Each party hereto represents and warrants that it has not
dealt with or engaged any real estate broker in connection with the above transactions.
Each party agrees to indemnify, defend, and hold harmless the other parties from and
against any claims or liability attributable to such party's breach of the foregoing
representation and warranty.
17. Notices. All notices, demands, requests and other communications required or
permitted hereunder shall be in writing and shall be deemed delivered on the earlier of (i)
three (3) days after posting of registered' or certified mail, addressed to the addressee at its
address set forth below or at such other address as such party may have specified
theretofore by notice delivered in accordance with this Section, or (ii) actual receipt by
the addressee:
TO CITY:
6300 Southcenter Blvd.
Tukwila, WA 98188
Attn: City Clerk
With a copy to:
Ms. Shelley Kerslake, Esq.
Kenyon Disend, PLLC
11 Front St. So.
Issaquah, WA 98027
~-TO NORTHFIELD:
P.O. Box 68016
Seattle, WA 98168
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With a copy to:
Kokie Adams
Purcell &Adams
4211 Alderwood Mall Blvd. Suite 202
Lynnwood, WA 98036
18. Govemin~Venue'. The laws of the State of Washington shall gnvem the
validity, enforcement, and interpretation of this Agreement. Any dispute or cause of
action under this Agreement shall be resolved in a court of competent subject matter
jurisdiction in King County Superior Court, State of Washington.
19. Mutual A.~reement. Both parties agree that this Agreement has been mutually
negotiated and drafted with the advice of legal counsel and that in the event of a dispute
arising out of this Agreement, neither party shall be construed as the drafting party.
20. Integration; Modification; Waiver. This Agreement constitutes the complete and
final expression of the agreement of the parties with respect to the herein described
transactions, and supersedes all previous contracts, agreements and understandings of the
parties, either oral or written. This Agreement cannot be modified, or any of the terms
hereof waived, except by an instrument in writing (referring specifically to this
Agreement) executed by the party aghinst whom enforcement of the modification or
waiver is sought.
21. Counterpart Execution. This Agreement may be executed in several counterparts,
each of which shall be fully effective as an original and all of which together shall
constitute one and the same instrument.
22. Invalid Provisions. If any one or more of the provisions of this Agreement, or the
applicability of any such provision to a specific situation, shall be held invalid or
unenforceable, such provision shall be modified to the minimum extent necessary to
make it or its application valid and enforceable, and the validity and enforceability of all
other provisions of this Agreement and all other applications of any such provision shall
not be affected thereby.
23. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
· each party hereto, and their respective heirs, personal representatives, successors and
assigns. No party may assign its rights hereunder witho.ut the written consent of the other
parties, which consent will not be unreasonably withheld. For purposes of this
--Agreement, a party's refusal to consent to a proposed assignment shall be deemed
reasonable if such assignment would cause any of the above transactions not to qualify as
exchanges pursuant to Section 1031 of the Internal Revenue Code, as amended.
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24. Assignment. No party may assign their rights, obligations or interests in this
Agreement.
25. Care of Property Pending Closing. From the date of this Agreement until Closing,
Northfield shall continue routine maintenance of the Northfield Property, but shall not be
obligated to make significant capital expenditures or improvements (except as
specifically required hereunder).
26. Restrictive Covenant. City and its heirs, personal representatives, successors and
assigns agree that a restrictive covenant, in the form attached as Exhibit" "shall be
recorded upon title to the Northfield property after Closing prohibiting any car wash, or
related style or type of business to be operated on the Northfield property.
27. Authority. City warrants that the City Council of the City has lawfully approved this
Agreement and has authorized its Mayor to execute this agreement and lawfully bind the
City to its terms. Northfield warrants that its shareholders, executive officers, and
directors are fully authorized to enter into this Agreement and lawfully bind Northfield to
its terms.
CITY OF TUKWlLA
By:
Steven M. Mullet, Mayor
Approved as to Form:
By:
Shelley M. Kerslake, City Attorney
NORTHFIELD VENTURES, LLC:
By: Andrew Berg, its
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EXHIBIT A
City Property
LEGAL DESCRXPTION:
THAT PORTION OF LOTS 8, 27 AND 28 IN BLOCK 2 OF FIRST ADDITION TO
ADAM'S HOME TRACTS, AS PER PLAT RECORDED IN VOLUME 12 OF PLATS,
PAGE 50, RECORDS OF KING COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SOUTH
150TH STREET AND THE EASTERLY LINE OF STATE ROAD NO. 1;
THENCE NORTH 18°28'40" EAST ALONG THE EASTERLY LINE OF SAID
ROAD 126.43 FEET TO THE TRUE POINT OF BEGI3~llNG WHICH IS ON
THE NORTH LINE OF THE SOUTH 120 FEET OF SAID LOTS 27 AND 28
AS MEASURED ALONG THE EASTERLY LINE THEREOF;
THENCE SOUTH 89°44'10'' EAST ALONG SAID NORTH LINE 190.31 FEET
TO A POINT ON THE EAST LINE OF LOT 27 AND WHICH IS 120 FEET
NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 00°33'50'' WEST ALONG THE EAST LINE OF LOTS 27
AND 8, A DISTANCE OF 220.39 FEET;
THENCE NORTH 89°44'10'' WEST 114.60 FEET TO THE EAST LINE OF
STATE ROAD NO. 1;
THENCE ON SAXD EAST LINE SOUTH 18°28'40'' WEST 232 FEET TO THE
TRUE POINT OF BEGINNING;
THAT PORTION OF LOT 26 IN BLOCK 2 OF SAID PLAT, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF SOUTH
150TH STREET AND THE EAST LR,~E OF STATE ROAD NO. 1 (HIGHWAY 99);
· THENCE NORTH 18°28'40" EAST, ALONG THE EASTERLY LINE OF SAID
ROAD, 126.43 FEET TO POSIT WHICH IS ON THE NORTH LI~N~E OF THE
SOUTH 120 FEET OF SAID LOTS 27 AND 28 AS MEASURED ALONG THE
EASTERLY LINE THEREOF; '
THENCE SOUTH 89°44'10'' EAST, ALONG SAID NORTH LINE, 190,31
FEET TO A POINT ON THE EAST LINE OF LOT 27 AND WHICH IS 120
FEET NORTH OF THE SOUTHEAST CORNER THEREOF;
THENCE NORTH 00033'50" WEST, ALONG THE EAST LINE OF LOT 27, A
-DISTANCE OF 55,89 FEET TO TH TRUE POINT OF BEGINNING;
THENCE NORTH 00033'50'' WEST ALONG THE EAST LINE OF LOT 27, A
DISTANCE OF 137,48 FEET TO THE NORTH LINE OF LOT 27;
THENCE EAST 23,30 ALONG THE NORTH LINE OF LOT 26 WHICH LINE
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IS A PROLONGATION OF THE NORTH LINE OF LOT 27;
THENCE SOUTHWEST 139.06 FEET TO THE TRUE POINT OF BEGINNING;
(ALSO KNOWN AS LOT A OF LOT LINE ADJUSTMENT NO. 983059, RECORDED
UNDER RECORDING NO. 8901180986)
SITUATE IN THE CITY OF TUKWlLA, COUNTY OF KING, STATE OF
WASHINGTON.
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EXHIBIT B
Northfield Property--Legal Description
PARCEL A:
THAT PORTION OF 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, WILLAMETTE MERIDIAN, 1N KING COUNTY, WASHINGTON,
LYING EASTERLY OF WASHINGTON STATE HIGHWAY NO. 1.
PARCEL B:
LOT 6, CHERRY LANE, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 48 OF PLATS, PAGE 21, IN KING COUNTY, WASHINGTON.
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COUNCIL AGENDA SYNOPSIS
o 'y► z IniYals ITEM No.
a I O tt J M Date I Psepawd by 1 Mayor's renew I Council retiew 1
V:1=� i 17/19/04 I and 1 I I
tr) 1111
fog 1 1 1 1 1
ITEM INFORMATION 1
I CAS NUMBER: 04-104 (ORIGINAL AGENDA DATE: 7/19/04
I AGENDA ITEM TITLE Resolution adding a $100.00 change fund at the 6300 Building for
nrn and PuhlirjAlprkc
CATEGORY Discussion Motion 1.:Nj Resolution Ordinance Bid Aaeuad PublicHearing Other
MtgDate MtgDate IM tgDau7 /1904 MtgDate MtgDate MtgDate MtgDate
SPONSOR Council Mayor
AdmSw DCD Firarae Fire Legal Par R Police PW
SPONSOR'S To improve effiency at the 6300 building we must add a $100.00 change fund
SUMMARY
REVIEWED BY COW Mtg. CA&P Cute
.1% F&S Conte ❑Transportation Conte
Utilities Cate Arts Comm Parks Comm. Planning Comm.
DATE: 7/19/04
RE COMMENDATIONS:
SPONSOR/ADMIN. Approve as submitted
COMMIITTEE pending
C'OV IMM6T 30 ND
EXPENDITURE REQUIRED AMOUNT BUDGETED
$N /A $N /A APPROPRIATION REQUIRED
$N /A
Fund Source: General
Comments:
MTG. -DATE .w.r {r.` RECORD OF.COUNCIL "ACTION
MTG. `DATE-
ATTACHMENTS`.
7/19/04 Staff report dated 7/15/04
Draft Resolution
To: Finance & Safety Committee
From: Alan R. Doersch~l ~,~
Date: July 15, 2004
Subject: Change fund for DCD/Public Works
Because of the frequent need to make change for customers paying for services
in the 6300 Building by DCD and Public Works, we are recommending a
$100.00 change fund to be established.
A RESOLUTION OF THE GITY COUNCIL OF THE ~I'IY OF TUKWILA,
WASHINGTON, ADDING A 6300 BUILDING (DCD) CHANGE FUND, AND
REPEALING RESOLUTION NO. 1550.
: Cash Fund levels, most recently by Resolution No. 1550; and
WHEREAS, there is a need to add a Change Fund for 5100.00 at the 6300 Building for
Community Development end Public Works departmental efficiency;
NOW, THEREFORE, THE CITY COUNCIL OF THE ~dl'l'l{ OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Change Fund levels are hereby set as follows:
Finence Department Water Fund 000 $ 100.00
Munidpal Court General Fund 000 150.00
Parks and Recreation General Fund 000 300.00
6300 Building (DCD) General Fund 000 100.00
Golf Course Faster Golf Course Fund 411 1,200.00
(or less as needed)
Section 2. The Petty Cash Fund levels are hereby set as follows:
Finance Department General Fund 000 $ 800.00
Pollce Invastlgation / Tukwila GeneralFund 000 5,000.00
Fire Department General Fund 000 350.00
Parks and Recreation General Fund 000 500.00
Public Works Div. li General Fund 000 350.00
~: Nl, m~tqpal Court General Fund 000 500.00
Public Works Div. I General Fund 000 200.00
?. ' :. Petty. Cash VNET 102 300.00
Police Lrtvestigatlon OtlgE2~ VNET 102 15,000.00
Section 3. Resolution No. 1550 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUICvVILA, WASHINGTON, at a
Reg.,lar Meeting thereof this day of ,2004.
A'flI~ST/AUTHENTICATED:
>'
.. Office of the City Attorney Resolution Number
ClumgeFund 7/I6/0~ I ofl
Tentative
July 16 (Tuesday) 12 19 26
4th - SEE AGENDA
Independence PACKET FOR THIS
Day WEEK'S AGENDA
5th-
Independence
Day observed
(City offices
closed)
Aucnlst 2 9 16 23
Special Presentation: . New Business: COMMI'I-I'EE OF THE
Update on Tukwila Valley Use of public WHOLE FOLLOWED
South project. .. right-of-way BY A SPECIAL MTG.
30
5TH MON. OF
THE MONTH;
No Council Mtg.
Scheduled
Sept. 7 (Tuesday) 13 20 27
Special Presentation:
6th - King County Library
Labor Day System -- Capital
(City offices replacement bond
closed) measure- 9/14 ballot
Public Hearing:
Sound Transit:
a) Unclassified Use Permit
Shoreline Variance, Design
Review; b) Council
Authorization of Transit
Guideway Approval.
8 (Wednesday)
Regular Meeting (cont.)
Public Hrg: Sound Transit
(cont. from 9/7/04 mtg,)
~. U~.!?.'.'~= CANCELLED Music in ~ Planning Cmsn,
Finance & Safety, the Park, WORK SESSION, 6 PM;
5:05 PM ~' Sister Cities, 7 I'M 6:30-8 PM, PUBLIC HEARING, 7 PM
City Council Regular, I Cascade View
7 PM Community
Park
~' Community Affairs Music in
Transportation, 5 PM
& Parks, 5 PM thc Park,
City Council COW, 6:30-8 PM,
7 PM Cascade View
Community
Tukwila Citizen Park
Patrol, 7 PM
~ Readiness
I Aquatics Week July 18-24
~L~ Court Jury & Readiness notations are made to alert City of Tukwila employees/citizens of potential parking difficulty only.
Apartment Mgrs' Network Lunch (3rd Thurs), NOON, (bring own lunch), TCC, contact Robbic Bums 206-242-8084.
Arts Commission (1 st Tue), 5 PM, TCC, contact Kimberiy Matej 206-767-2342. ('No July meeting; next meeting in August '04.)
Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM, Foster HS Main Parking Lot. Dispose
of prunings/plant materials fi.om the Longhorued Beetle quarantine area. Drive your truckload of materials to the parking lot and
we'll help unload, chip, and dispose of materials flee of charge. Be sure to bring ID w/quarantine area address.
City Council Committee of Whole (COW) Meeting (2nd & 4th Men), 7 PM, Council Chambers.
City Council Regular Meeting (1 st & 3rd Men), 7 PM, Council Chambers.
Civil Service Commission (2nd Men), 5 I'M, Conf Rm #3, contact Bev Willison 206-433-1844.
Community & Parks Committee (2nd & 4th Tues), 5 pt~, Conf Rm #3.
~ Community Oriented Policing Citizens Adv. Brd (COPCAB) (2nd Wed), 6:30 I'M, Conf Rm #5, Marja Murray 206-433-7175.
3~ Domestic Violence Task Force (3rd Th), Noon-1:30 PM, Conf Rm #5, Evie Boykan 206-433-7180 or Keith Haines 206-433-1827.
(No July or August meeting; next meeting in September 2004.)
~ Equity & Diversity Commission (lst Th), 5:15 I'M, Showalter Middle School Library, call Lucy Lauterbach 206433-1834. (No
July meeting; next meeting in August '04.)
~' Finance & Safety Committee (lst & 3rd Men), 5:05 PM, Cunf Rm #3; 7/19 Mtg.: a) Proposed resolution expanding the deferred
compensation program; b) Regional Automated Information Network (RAIN) draft memo of understanding; c) Northfield Car
Wash purchase; d) Addition of $100 Change Fund for DCD and PW.
~ Hwy 99 Action, (2nd Tut), 7 PM, TCC, contact Keith Haines 206-433-1827.
~ Human Services Adv. Brd (2nd Fri of odd months only), 10 nM, Human Styes Conf Rm, call Evie Boykan 206-433-7180.
~' Human Services Providers, 11:30 AM; 3/19, 6/18, 9/17, & 12/3 (tentative), TCC, call Evie Boykan 206-433-7180.
~ Library Advisory Board, 7 PM, Foster Library, call Bruce Fletcher 206-767-2343.
~ Parks Commission (3rd Wed), 5:30 PM, TCC Sr. Game Pan, contact Kimberiy Matej 206-767-2342. (No July meeting; next
meeting in August '04.)
~ Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov & Dee = 2nd Th), 7 I'M, Council Chambers,
contact Wynetta Bivens 206431-3670.
~ Sister City Committee (es needed), Conf. Rm #3, contact Lucy Lauterbach 206433-1834.
~ Transportation Committee (2nd & 4th Mun), 5 I'M, 6300 Southcenter Blvd, Conf Rm gl.
~ Tukwila Government Affairs (SWKCC) (1 st Tue), Noon, Chamber Offices[ contact Nancy Damon 206-575-1633.
~' Tukwila Citizen Patrol (4th Mun), 7 I'M, TCC, Evaret~ Parr 206-762-9219/Roy Steinauer 206-243-9191, Tukcp~hotmail.com.
~ IJtilitie~'~ommittee ( 1st & 3rd Tues), 5 PM, 6300 Southcenter Blvd, Conf Rm gl.