HomeMy WebLinkAboutSpecial 2005-08-29 COMPLETE AGENDA PACKET 160\ Tukwila City Council Agenda
i p../ h or I o Steven M. Mullet, Mayor Councilniembers• Joe Duffie Joan Hernandez
I Rhonda Berry, City Administrator Pam Carter Jim Haggerton s
�soa Pamela Linder, Council President Dennis Robertson Dave Fenton t
EXEC SESSION 5;30 PM
Potential Litigation Pursuant to RCW 42.30.110(1)(i)
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4> SPECIAL EE I G
Monday August 29 2005 Ord. #2099 t
00 _.---.z. INTO T E SP 'C1 S IZ TI Res. #1585
1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ ROLL CALL
1 2. CITIZEN At this time, you are invited to comment on items not included on
1 COMMENT this agenda. To comment on an item included on this agenda, please t
1 save your comments until the issue is presented for discussion.
1 3. PUBLIC HEARING Proposed amendments to the development agreement between Pg. 1
1 P acific Commercial Properties and the City of Tukwila for the 4
development of a multi- family condominium project within the
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transit- oriented development area of the Tukwila Urban Center.
1 4. UNFINISHED A resolution regarding Tukwila South project issues. Pg. 231
BUSINESS
5. NEW BUSINESS Ei
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6. REPORTS a. Mayor i
1 b. City Council E
ti c. Staff
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d. City Attorney
e. Intergovernmental 1
7. MISCELLANEOUS
1 8. EXECUTIVE SESSION
1 9. ADJOURNMENT
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I Reasonable accommodations are available at public hearings with advance notice to the
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b and in alternate formats with advance notice for those with disabilities.
U El
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z Tukwila Council meetings are audio tape
e is
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PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public
interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
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2. The opponent is then allowed 15 minutes to make a presentation.
3. Each side is then allowed 5 minutes for rebuttal.
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COUNCIL AGENDA SYNOPSIS
is iik; 2 rntttar� ITEM No.
12 Meetin Date Prepared by Mayor's review Council review
f 08/29/05 1 J. Pace wv 1 PS
0 1 1 1
1908 j
ITEM INFORMATION
CAS NUMBER: REF. 05-058 I ORIGINAL AGENDA DATE. 04 -04 -05
AGENDA ITEM TITLE Amended Development Agreement between Pacific Commercial Properties (PCP)
and the City of Tukwila for the development of a multi family condominium project
within the Transit Oriented Development (TOD) area of the Tukwila Urban Center
CA I'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
illtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIS
SPONSOR'S A public hearing is set for August 29, 2005 to consider issues relative to amending the
SUMMARY current Development Agreement with PCP. Upon closing the public hearing and post
Council deliberations, Council is asked to make a motion authorizing the Mayor to sign the
amended development agreement.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utihties Cmte Arts Comm. Parks Comm. Planning Comm.
DATE. 04 -04 -05
RECOMMENDATIONS:
SPONSOR /ADMIN Hold public hearing and authorize Mayor to sign amended agreement.
COMMI'I rEE Same as sponsor.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGE FED APPROPRIATION REQUIRED
Fund Source
Comments. City staff /Attorney will be present to field questions on the proposed amended agreement.
MTG. DATE RECORD OF COUNCIL ACTION
04 -04 -05 1 Reg. Mtg. Council authorized the Mayor to sign the Development Agreement
MTG. DATE ATTACHMENTS
08-29-05 1 Staff memorandum to City Council with letter from PCP
Copy of signed Development Agreement
City of Tukwila
Steven M. Mullet, Mayor
Department of Community Development
Steve Lancaster; Director
To.
Tukwila CIty CouncIl
V'
Steve Lancaster, DCD DIrectorY
August 24, 2005
Fonn:
Date:
Subject:
Amendments to the Development Agreement between PacIfic CommercIal
PropertIes (PCP) and the CIty of TukwIla
Background
On Apn14, 2005, the CIty CouncIl held a publIc heanng for the Development Agreement
between PacIfic Commercial PropertIes (PCP) and the CIty of TukwIla for the
development of a multI-family condommmm project wIthm the TransIt-Onented
Development (TOD) area ofthe Tukwila Urban Center The CIty CouncIl authorIzed the
Mayor to sign the development agreement. The applIcant and the Mayor have sIgned the
agreement.
Proposed Amendments
On August 10,2005, Kenneth Kester pnncIpal at PacIfic Commercial PropertIes
submItted a letter requesting two amendments to the Development Agreement.
The proposed amendments would lengthen the effectIve dates from August 1, 2005 to
December 1,2005 and September 1,2005 to January 3, 2006 SectIOn III
AGREEMENT sub section 1.1 would read as follows'
"ThIS Agreement shall become effectIve upon approval by the TukwIla CIty CouncIl,
executIOn by both Parties, and proof m a fonn acceptable to the CIty of PCP's ownershIp
of the subject property not later than L'\Ugust 1, 2005 December 1, 2005: provIded,
however, that the Mayor in hIS sole discretIOn may extend thIs deadlme to September 1,
~ January 3, 2006, wIthout further authonzatIOn of the CIty Council."
The applIcant has requested addItIOnal tIme to complete the financial agreement for the
construct of the project.
RecommendatIOn
GIven the type of amendments to the agreement, staff recommends approval of the
changes.
6300 Southcenter Boulevard, Suite #100 · Tukwila, Washington 98188 · Phone: 206,431-3670 · Fax: 206,431,3665
PACIFIC COMMERCIAL PROPERTIES
P 0. Box 53405
Bellevue, Wa 98015
425-453-4384
August 10, 2005
City ofTukwila
Department of Community Development
6300 Southcenter Boulevard
Suite # 100
Tukwila, Wa. 98188
Attn: Steve Lancaster, Director
File L05-014 and L05-015
Dear Steve,
PacIfic CommercIal Properties is requesting that the effective date of the "Development
Agreement between Pacific Commercial PropertIes and the CIty of Tukwila for the development
of a multi-family condominium project", be extended as follows: (as excerpt and modified from
agreement).
"This agreement shall become effective upon approval by the CIty of TukwIla City
Council, execution by both parties, and proof In a form acceptable to the City of PCP's ownershIp
of the subject property not later than December 1,2005 (previously approved on August 1,
2005), provided, however, that the Mayor In his sole discretion may extend this deadline to
January 3, 2006, (previously approved on September 1,2005), without further authOrizatIOn of
the City Council."
All other terms and conditions of the agreement remain unchanged. This request to extend the
cloSIng dates will allow the duration to complete the necessary underwriting for the financing and
capitalIzation to construct the condominium project.
We understand that the City Council will require theIr approval of these changes. Due to critical
deadlines, we are respectfully requesting your processIng of these changes with the CIty Council
for their consideration at your earliest convenience
We will be available to dISCUSS this request with the Council at the appropriate scheduled meetIng
of the Council. Thank you kindly for your assistance on this matter. If you have any questions,
you may ach me at 425-4 -4384
Kenneth Kester
Principal
Pacific Commercial Properties
~(Q)[F)W
DEVELOPlVIENT AGREEMENT BETWEEN PACIFIC COMMERCIAL
PROPERTIES Al~D THE CITY OF TUKWILA
FOR THE DEVELOPMENT
OF A lVIULTI-FAMILY CONDOlVIINIUlVI PROJECT
1. PREAMBLE
This DEVELOPMENT AGREEMENT ("Agreement") between PacIfic CommercIal
PropertIes ("PCP") and the CITY OF TUKWILA, a rnumclpal corporatIOn of the State of
WashIngton ("Tukwila" or "CIty"), I~ entered Into pursuant to the authonty ofRCW 36 70B 170
through .210, under which a local government may enter into a development agreement wIth any
entity havmg ownership or control of real property withIn Its jurisdIction.
II. RECITALS
A. PCP has a contract for purchase and sale dated February 10, 2005, to purchase
property located in the City of Tukwila, KIng County, WashIngton, more partIcularly described
as King County Tax Parcel Nos. 2423049137 and 0005800013, equaling approximately 6.2
acres.
B PCP mtends to close on the above-referenced sale on or before August 1,2005.
C. PCP desires to develop this property for a mIxed-use residential project to be
constructed within the Transit-Onented Development ("TOD") area of the Tukwila Urban
Center ("TUC"). Tills development, commonly known as ''Tukwila StatIOn," will be an
approxImately 300 unit mixed-use residential development with approxImately 5,000 square feet
of retail space. ThIs development IS more fully explamed in the desIgn schematIcs submItted to
the CIty on March 16, 2005.
D. This property is zoned Tukwila Urban Center District. Under current land use
regulations, residential mixed use is only allowed within 500 feet of a water amernty This
regulatIOn wIll need to be changed to effectuate desIrable development of tms property, as
described herein.
E. Land uses withm the TUC were adopted pnor to the presence of the Commuter
Rml/Amtrak Station. TukwIla is currently In the final stages of developing a new plan for the
TUC that recognizes that the Commuter Rail/Amtrak StatIon IS a transportation amemty.
F. PCP has already begun the sIte development process by subm1ttmg to the City an
envIronmental checklist, applIcation for desIgn revIew, and application for a condItional use
penmt, and desIres to develop thIS property In 2005.
G The City of Renton has identified a preferred alternative for the future extension of
Strander Boulevard eastward from West Valley HIghway ("Strander ProJect"). Tills alternatlVe
Page I ofS
f".APPS\CIV\TUKWILA\Contract\TukwiIa Station - Development Agreement, FINAL.DOC
would reqUIre the relocatIOn of the Umon PacIfic Railroad ("UPRR") nght-of-way from its
current location to a locatIOn adjacent and west of the eXlstmg Burlmgton Northern nght-of-way
ThIS portion of the property would be owned by PCP.
H. To facilitate the relocatIon of the UPRR, Tubvila would be reqUIred to acqUIre
through condemnation, or other negotIated means, the property reqUIred for the Strander Project.
This would be costly to the CIty If the property were fully developed at the time of
condemnatIOn.
I. TukwIla owns approxunately 1 63 acres of land immedIately north of the TukwIla
StatIOn site, of whIch approxImately 36,000 square feet are subject to tlus Agreement.
J. Thus, the Parties wish to exchange certain parcels of property for their mutual benefit.
K. To provide certainty and efficiency to PCP and the City wIth respect to the
development of this property, to encourage IT1lxed-use resIdentIal development of tlus property,
and to ensure acquisition of property needed for the Strander Project for the City, the PartIes
wish to enter mto tlus mutually beneficIal Development Agreement.
BASED ON THE FOREGOING, and because successful development of thIS sIte WIll be
oflong-te1TI1 benefit to both TubvIla and PCP, Tukwila and PCP hereby agree as follows:
III. AGREEMENT
1.0 Effective Date and Tenn.
1.1 Tlus Agreement shall become effectIve upon approval by the Tukwila CIty
Council, execution by both PartIes, and proof ill a f01TI1 acceptable to the City of PCP's
ownershIp of the subject property not later than August 1, 2005; provided, however, that the
Mayor in hIs sole discretIOn may extend tlus deadlIne to September 1, 2005, wIthout further
authorizatIOn of the City Council.
1.2 The tenn of thIs Agreement shall commence upon the EffectIve Date and
continue for a period of ten (10) years.
2.0 Tenns.
2.1 The Mayor agrees to recommend amendments to the zomng code, whIch would
allow mIxed-use development wltlun the TUC. If such zonmg code amendments are not
approved by the City CouncIl, this Agreement shall ImmedIately tenninate. If such amendments
are approved by the City Council, thIs Agreement shall remam in effect.
2.2 PCP shall convey by statutory warranty deed to TukwIla the portion of ItS
property (estImated to be an approxImately 100-foot stnp) needed for relocatIOn of the UPRR
nght-of-way, more fully described m ExhibIt "B" ("PCP PortIOn") attached hereto.
Page 2 o1'S
F'\APPS\CIV\TUKWILA\Contract\Tukwila Station, Development Agreement, FINAL.DOC
2.3 In exchange, TukwIla shall convey by statutory warranty deed to PCP a portIOn
of Its property adjacent to the proposed TukwIla StatIOn sIte, more fully described m ExhibIt "A"
("TukwIla PortIOn") attached hereto
2.4 PCP will retam a temporary easement for parking purposes on the PCP PortIOn,
m a form substantIally sImilar to the attached Exhibit "c" ("PCP Easement"). In utilIzmg the
PCP Easement, PCP agrees to the followmg Indemnity and Insurance provlSlons.
2.4.1. Indemnity. PCP shall mdemnIfy, defend, and hold harmless Tuhvila, ItS
agents, and employees from and against any and all liabIlIty ansmg from mjury or death to
persons or damage to property resultmg in whole or in part from neglIgent acts or omISSIOns of
PCP, its agents, servants, officers, or employees, irrespectIve of whether m connection wIth such
act or omissIOn It IS alleged or clamled that an act of PCP, Its agents, or employees caused or
contributed thereto. In the event that Tukwila shall elect to defend Itself against any claim or SUIt
arising ITom such injury, death, or damage, PCP shall, in addItIon to mdemmfymg and holding
Tuhvila harmless ITom any lIabilIty, indemnIfy Tukwila for any and all expenses mcurred by
Tukwila in defending such claim or SUIt, mcluding reasonable attorneys' fees.
2.4.2. Insurance.
2.4.2(i). PCP shall procure and maintam m full force throughout the duration
of Its use of the PCP Easement comprehensIve general liabIlIty msurance wIth a mIillmum
coverage of $1,000,000.00 per occurrence/aggregate for personal mjury and property damage.
Said policy shall name the City of Tukwila as an addItional named msured and shall mclude a
provision prohibItmg cancellatIOn or reduction in the amount of SaId policy except upon thrrty
(30) days prior written notice to Tukwila. Cancellation of the requrred msurance shall
automatically result in terminatIOn of PCP's use of the PCP Easement.
2.4.2(ii) Certificates of coverage as reqUIred by Paragraph 2.4.2(i) above
shall be delIvered to Tukwila pnor to PCP's use of the PCP Easement.
2.5 Upon commencement of the Strander Project and any assocIated relocatIOn of the
UPRR nght-of-way, the PCP Easement IdentIfied in paragraph 2.4 shall tennmate and be
extinguished, provided that the City has frrst acqUIred and conveyed to PCP that pQrtion of the
eXIstmg UPRR nght-of-way ("Uillon PacIfic Site") more fully described m Exhibit "D" attached
hereto. The property exchange contemplated by this provisIOn will be detaIled ill a fonnal
Property Exchange Agreement that will be executed at the tIme the City acquires the lJPRR
right-of-way.
2.6 Upon acqUIsition and conveyance of the Union PacIfic SIte as set forth m
paragraph 2.5, PCP wIll relocate the parking area identIfied m paragraph 2.4 as the PCP
Easement to the Union Pacific SIte IdentIfied m paragraph 2.5. Tills relocation shall be
accomplished to the City's satisfactIOn wIthm 120 days after conveyance to PCP of the Dillon
Pacific Site. The City shall exerCIse its best efforts to provIde 180 days advance wntten notIce to
PCP of any obligation to relocate the parkmg IilltIally authonzed by the PCP Easement.
Page 3 of 8
F'\APPS\CIV\TUKWILAiContract\Tukwiia Station - Development Agreement, FiNAL.DOC
2 7 The development IS subject to the oblIgatIOn of each Party to convey clear tItle to
affected parcels.
2.8 The City shall desIgnate m ItS sole dIscretIOn, and on any reasonable COndItIOns, a
portIOn of ItS property, described in ExhibIt "E" attached hereto, for PCP's use as a temporary
constructIOn staging area during development of the TukwIla StatIOn site ("Stagmg Area"). In
utilIzmg the Staging Area, PCP agrees to the following IndemnIty and Insurance prOVISIOns
2.8.1. Indemnity. PCP shall indemnify, defend, and hold hannless TuhvIla, its
agents, and employees from and against any and all liabIlIty ansmg from injury or death to
persons or damage to property resultmg m whole or m part from negligent acts or omISSIOns of
PCP, its agents, servants, officers, or employees, IrrespectIve of whether m connectIOn wIth such
act or omIssion It is alleged or clam:ted that an act of PCP, its agents, or employees caused or
contributed thereto. In the event that Tukwila shall elect to defend Itself agamst any clalm or suit
arising from such inJury, death, or damage, PCP shall, m additIOn to mdemmfying and holdmg
Tukwila harmless from any liabilIty, indemnIfy Tuhvila for any and all expenses mcurred by
Tukwila in defending such claim or SUIt, including reasonable attorneys' fees.
2.8.2. Insurance.
2.8.2(i) PCP shall procure and maintain in full force throughout the
duration of Its use of the Staging Area comprehensIve general lIabIlIty msurance WIth a
minimum coverage of $1,000,000.00 per occurrence/aggregate for personal injury and property
damage. Said policy shall name the City of Tukwila as an addItional named insured and shall
include a provisIOn prohibItmg cancellation or reduction in the amount of sald policy except
upon thirty (30) days prior wntten notIce to Tukwi1a. Cancellation of the required msurance
shall automatically result m tenmnation of PCP's use of the Staging Area.
2.8.2(iI). Certificates of coverage as reqUIred by Paragraph 2.8.2(i) above
shall be delivered to Tukwila pnor to PCP's use of the Staging Area.
2.9 PCP shall hydro seed, vegetate, and otherwise restore the Staging Area to its
onginal condItion and to the reasonable satisfactIOn of the CIty upon completIOn of PCP's use of
the Staging Area. The City shall thereafter mamtam the restored Staging Area site. _
2.10 PCP shall extend the existing sidewalk, located on the north side of the Tukwila
Station property, west to the intersection wIth West Valley Highway. The constructIOn and
desIgn standards of the sidewalk must be acceptable to the CIty'S PublIc Works dIrector.
2.11 Best efforts will be used to retain the tram trestle currently located at Longacres
Drive. PCP desires to use some or all of this trestle as a gateway to the development. The abIlity
to utilize this trestle wIll reqUIre the approval of the PublIc Works Department.
2.12 The detalls of the property exchange are set forth in a separate Property
Exchange Agreement, which is mcorporated by thIS reference as if fully set forth herem.
Page 4 of 8
F'\APPS\CIV\TUKWILA\Collu'act\Tukwila Station, Development Agreement, FINAL.DOC
2.13 ThIS Agreement does not guarantee any project approval or that other condItions
outsIde the terms OfthIS Agreement will not be Imposed by the CIty
2.14 ThIS Agreement supersedes any and all other Development Agreements related
to the property that is the subject ofthIs Agreement.
2.15 PCP's development shall be consIstent WIth approval standards set forth by the
CIty'S Board of Architectural Review.
3.0 General Provisions.
3.1 Assignment of Interests. Rights. and ObhgatIOns. ThIs Agreement shall be
bindmg and mure to the benefit of the PartIes. No Party may assIgn ItS nghts under thIS
Agreement wIthout the wntten consent of the other Party, which consent shall not unreasonably
be withheld. This Agreement shall be bindmg upon and shall mure to the benefit of the hens,
successors, and assigns of PCP and the City.
3.2 Incorporation of RecItals. The Recitals contained in this Agreement, and the
Preamble paragraph preceding the Recitals, are hereby incorporated mto thIS Agreement as if
fully set forth herein.
3.3 SeverabIlity If any term or provision in this Agreement, or the application of
any term or provision in this Agreement to a partIcular situation, is held by a court of competent
jurisdIction to be invalid, vOId, or unenforceable, the remaining terms and provlSlons of thIs
Agreement, or applicatIOn of this Agreement to other situations, shall continue m full force and
effect unless amended or modified by mutual consent of the Parties. Notwithstanding the
foregomg, if any matenal provisIOn of thIs Agreement or the apphcatIOn of such prOVISIon to a
partIcular situation is held to be invalid, vOId, or unenforceable, either Party may tenmnate tms
Agreement by providing written notice of terminatIOn to the other Party.
3.4 Termination. ThIs Agreement may only be tenmnated upon mutual agreement of
the PartIes.
3.5 Enforceability. The PartIes acknowledge that any willful and matenal breach of
this Agreement will result in irreparable harm, and therefore, m addItIOn to any other remedies
that the Party would have, the non-breaching Party would be entItled to temporary, prehmmary
and permanent injunctions prohibIting the breaching Party from any such willful and matenal
breach. The PartIes agree that monetary damages from a breach of this Agreement would be
dIfficult to ascertam and quantify; thus, specIfic performance is the proper remedy for any breach
of this Agreement.
3.6 Applicable LawNenue. ThIs Agreement shall be construed and enforced m
accordance with the laws ofthe State of Washmgton. The venue for any dIspute ansmg under
thIS Agreement shall be King County Supenor Court.
Page 5 of 8
F APPS\CIV\TUKWILA\Contract\Tukwila Station - Development Agreement, FINAL.DOC
3.7 Notice of Default/Opportumty to Cure/DIspute ResolutIOn. In the event a Party,
actmg m good fmth, believes the other Party has vIOlated the tenns of thIs Agreement, the
aggneved Party shall gIVe the alleged offendmg Party wntten notIce of the alleged vIOlatIOn by
sendmg a detailed wntten statement of the alleged breach. The alleged offendmg Party shall
have thIrty (30) days from receIpt of wntten notlce m whIch to cure the alleged breach. ThIs
notIce requirement IS mtended to facilItate a resolutIOn by the PartIes of any dIspute pnor to the
Imtlation of lItIgatIOn. Upon provIdmg notice of an alleged breach, the PartIes agree to meet and
agree upon a process for attemptmg to resolve any dIspute ansmg out of tms Agreement. A
lawsUIt to enforce the tenns of thIS Agreement shall not be filed untll the latter of (a) the end of
the 30 day cure penod or (b) the conclusIOn of any dIspute resolution process.
3.8 Attorneys' Fees. In the event of any litlgation or dIspute resolutIOn process
between the Parties regarding an alleged breach ofthis Agreement, neIther Party shall be entitled
to any award of attorneys' fees. .
3.9 No Third-Party BeneficIanes. ThIs Agreement IS for the benefit of the PartIes
hereto only and is not intended to benefit any other person or entlty, and no person or entity not a
signatory to this Agreement shall have any third-party beneficIary or other nghts whatsoever
under this Agreement. No other person or entity not a Party to thIS Agreement may enforce the
tenns and prOVISIOns of tms Agreement.
3.10 ContingencIes.
3.10.1. Should the Strander project not go forward or should the property
described m Exhibit "B" not be needed by the City, the easement granted by the CIty for parkmg
purposes on Exhibit "C" will become a pennanent easement.
3.10.2. This Agreement will tenninate if development of the project described
herem is not commenced witmn 180 days of the effective date of thIS Agreement.
Commencement shall be defined as receiving the required foundatIon inspection, mcludmg
approval therefore by the City.
3.11 Entire Agreement Counterparts, and ExhibIts. This Agreement may be
executed m duplicate counterparts, each of WhICh IS deemed to be an origmal., The entIre
Agreement consists of seven (7) pages, one (1) notary acknowledgement pages, and five (5)
Exhibits, WhICh constitutes m full the final and exclusive understandmg and agreement of the
PartIes and supersedes all negotlatIOns and previous agreements between the Parties with respect
to all or any part of the subject matter hereof. All waivers of the provIsIOns of thIS Agreement
shall be in writmg and sIgned by the appropnate authontIes of PacIfic Commercial Propert1es
and the City of Tukwila.
3.12 Authority. The PartIes each represent and warrant that they have full power and
actual authonty to enter into th1s Agreement and to carry out all actIOns reqUIred of them by th1s
Agreement. All persons are executmg th1s Agreement ill their representat1ve capac1ties and
represent and warrant that they have full power and authority to bmd their respectIve
organizations.
Page 6 of 8
F'\APPS\CIV\TUKWILA\Comfact\TukwiJa Station, Development Agreement - FINAL.DOC
3.13 Recordmg. PCP shall record an executed copy of thIS Agreement wIth the Kmg
County AudItor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after the
EffectIve Date.
3.14 EXlstmg Easements. No easement, in existence pnor to thIS Agreement, on the
propertIes subject to thIS Agreement, shall be affected by thIS Agreement.
3 15 Legal RepresentatIon. In entenng mto this Agreement, PCP represents that It
has been advIsed to seek legal advIce and counsel rrom ItS attorney concernmg the legal
consequences of thIS Agreement; that it has carefully read the foregoing Agreement and knows
the contents thereof, and SIgnS the same of its own rree act; and that It fully understands and
voluntanly accepts the teDTIS and con~ItlOns of thIS Agreement.
IN WITNESS 'WHEREOF, this Agreement has been entered mto by and between Pacific
Commercial Properties and the CIty ofTukwila as ofthe day and year first above wntten.
PACIFIC COMMERCIAL PROPERTIES
By: iLz/ ~
.
Its: President
€j~s
CITY OF TUKWILA
B~ IV') IV) ",.QQ;-..\--
Steve Mullet, Mayor
Approved as to FODTI:
Page 7 of 8
F'\APPS\CIV\TUKWILA\Contract\Tukwila Station - Development Agreement, FINAL.DOC
STATE OF WASHINGTON)
) ss:
COUNTY OF KING )
On this 131/J day of ./J~tl:..fl-;- 2005, before me personally appeared
, the Pre I'Gent of PacIfic Commercial Properties, a
ken rI e lh I< e b!rrcorporatIOn that executed the wIthin and foregomg instrument, and
acknowledged the smd mstrument to be the tree and voluntary act and deed of smd corporatIOn,
for the uses and purposes therem mentIOned, and on oath stated that he was authonzed to execute
said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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Pnnted Name: 'O/ff~ ~.
NOTARY PUBLIC ill and for
Washington j
Residing at: (-d~.eLff~L, Ct/ /-
My commISSIOn expires: ~ /-/-t7/
of
STATE OF WASHINGTON)
) ss:
COUNTY OF KING )
~
On this olfL day of L 2005, before me personally appeared
Steve Mullet, known to me to be t e Ma r of the City of Tukwila, a 'Washmgton mumcipal
corporatIOn that executed the within and foregomg mstrument, and acknowledged the said
illstrument to be the free and voluntary act and deed of the CIty of Tukwila for the uses and
purposes therem mentioned, and on oath stated that he was authorized to execute smd mstrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offiCial seal the
day and year first above wntten.
--.............""",
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F'\APPS\CIV\TUKWILA\Contract\Tukwila Station - Development Agreement, FINAL.DOC
Page 8 of8
PROPOSED PROFERTY EXHIBiT
CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES INC
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\ \ I I ~ONU~ENTEP..- ~ I 415 F?AINI[R BLVD N
I I .::>0 LaTH.:J I IISSAOUAH. 'lIA. 98027
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PROPOSED LEGAL DESCRIPTiON
CITY OF TUKW!LA TO PACiFIC COMMERCIAL PROPERTIES, J"iF.
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LOT 1 OF CITY OF TUKWILA SHORT PLAT NO L98-0007 AS FILED UNDER
KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING
COUNTY, WASHINGTON:
EXCEPT THE EAST 100 00 FEET THEREOF.
CONTAINING AN AREA OF 36,590 SQUARE FEET MORE OR LESS
PROPOSED PROPERTY EXH1BIT
PACIFIC COMMERCIAL PROPERTiESj INC. TO CITY OF TUK'NILA
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l'tASTSIOE CONSUL TANTS. INC
415 RAIN/Ea 8l va N
i ISSAQUAH, 'IIA 98027
j PH (425)392-5.351
PROPOSED LEGAL DESCRIPTiON
PACIFIC COMMERCIAL PROPERTIES, INC. TO CITY OF TUKWlLA
THE EAST 100,00 FEET OF LOT 2 OF CITY OF TUK1;VILA SHORT PLAT NO
L98-0007 AS FILED UNDER KING COUNTY RECORDING NUMBER
9803129013, RECORDS OF KING COUNTY, WASHINGTON.
TOGETHER WITH THE EAST 10000 FEET OF THE FOLLOVVING
DESCRIBED PARCEL.
T}-fA T PORTION OF THE HENRY MEADER DONA nON CLAIM NO 46 AND
OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHINGTON, L YfNG WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT-OF-WA Y, EAST OF THE UNION PACIFIC RAILROAD
RIGHT-OF-WA Y, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH
LINE OF SAID DONA nON CLAIM AND NORTH OF THE CENTERLINE OF
LONGACRES WAY.
CONTAINING AN ARE4 OF 103,525 SQUARE FEET MORE OR LESS
, , ,
"'"l oy. n:H...l..ilC c.;ommerclal;
425-453-4385;
Apr-28-0b 11 :20AM;
PROPOSED EASEMENT DESCRIPTION
CITY OF TUKWlLA TO PACIFIC COMMERCIAL PROPERTIES, INC.
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PREPARED 8Y:
EASTSIDE CONSULTANTS. INC.
415 RAINIER BLVD. N.
ISSAQUAH. WA. 98027
PH: [425J392-5351
ExhIbIt C
t-'age d/4
<lC 0'1' rdld.I,J..(; L.OmmerClal.;
425,453-4385;
Apr-29'05 11 :21AM;
PROPOSED EASEMENT DESCRIPTION
CITY OF TUKWILA TO PACIFIC COMMERCIAL PROPERTIES, INC.
THE WEST 30 FEET OF THE EAST 100.00 FEET OF LOTS 1 AND 2 OF
CITY OF TUKWJLA SHORT PLA T NO. L98-0007 AS FILED UNDER KING
COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY,
WASHINGTON.
TOGETHER WITH THE WEST 30 FEET OF THE EAST 100.00 FEET OF THE
FOLLOWING DESCRIBED PARCEL:
THA T PORTION OF THE HENRY MEADER DONA TJON CLAIM NO. 46 AND
OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING
COUNTY, WASHiNGTON, LYING WEST OF THE BURLINGTON NORTHERN
RAILROAD RIGHT-OF-WA'Y. EAST OF THE UNION PACIFIC RAILROAD
RiGHT-OF-WA'(, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH
LINE QF SAiD DONA TION CLAIM AND NORTH OF THE CENTERLINE OF
LONGACRES WAY.
EXPIRES : MAY 22 2007
I-'age 4/4
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4253924575
PROPOSF:D AREA TO Bt:
ABANDONED BY UNION
PACIFIC RAILROAD AND
ACQUIRED BY PACIFIC
COMMERCIAL PROPE:RTlF;S.
INC. z59,180 S.F.
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n to-NGACRE~ I l'?--\Il {o~
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I WA Y EASTSIDE CONSUL rANTS, INC.
I MONUME:NTfD ~! 415 RAJNIE:R BLV1J. N.
f. I SO. 158TH ST I ISSAQUAH, WA. 98027
EXTENDED I PH: [425]392-5351
8</$T. 100'
U.P.R/R RIGHT
OF WA Y
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EASTSIDE CONSULTANTS
PROPOSED LEGAL DESCRIPTION
AREA TO BE ABANDONED BY UNION PACIFiC RAILROAD
AND ACQUIRED BY PACIFIC COMMERCIAL PROPERTIES, INC.
THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL:
THAT PORTION OF THE 100 FOOT WiDE UNION PACIFIC RAILROAD
RIGHT OF WAY (A.KA. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC
RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24,
TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M., iN KING COUNTY,
WASHJNGTON, WHICH LIES NORTHERL Y OF THE CENTERLINE OF
LONGACRES WAY AND SOUTHERL Y OF PRIMARY STA TE HIGHWA Y
NUMBER 1 (lNTERSTA TE 405)
CONTAINING AN AREA OF 59, 180 SQUARE FEET MORE OR LESS.
\t..lll(~t
PAGE 213
o 100 200
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PROPOSED PROPERTY EXHIBIT
PACIFIC COMMERCIAL PROPERTIES, INC. COMBINED PARCEL
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ExhibIt E
COUNCIL A GENDA SYNOPSIS
k r 9sy Instals ITEM No
�I P1� ,1 G) i MeettngDate 1 Prr/xtr6tl by 1 Mawr's tram; 1 Council renew
u, .o� ..r :p; 8/15/05 LV
�8/22/05 LV
ro 8/29/05 1 LVM 1. 4yvvv■. L 1
ITEM INFORMATION
CAS NUMBER. Ref 05-114 I ORIGINAL AGENDA DATE: 8/15/05
AGENDA ITEM T11L14 Decision on options, including condemnation, for acquisition of property west of
Southcenter Parkway between S 180 St and southern city limits
CATEGORY Discussion Motion x Resolution Ordmana. Bid A' wt1 x Public Hear-mg Or
Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 8 -15 -05 Mtg Date
SPONSOR Counal x Mayor
Acbn Stu x DCD Finance Fire Legal P&R Police PW
SPONSOR'S ROW is needed for Southcenter Parkway, S 178 St and the north detention pond in
SUMMARY order to construct the projects. Condemnation has been suggested as an option to
obtain the ROW. Council needs to review the alternatives and make a decision on the
appropriate alternative.
REVIEWED BY COW Mtg. CA &P Cmte F&S Cmte Transportation Cmte
Utilities Cmte Arts Comm Parks Comm. Planning Comm.
DA 1'E.
RECOMMENDATIONS:
SPONSOR/ADMIN. Direct staff to prepare a resolution based on public hearing input
COMMITTEE
COST IMPACT FUND SOURCE'
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source.
Coninierits
MTG. DATE RECORD OF COUNCIL ACTION
8/15 Opened public hearing, took testimony, continued hearing to 8/22
8/22 Additional testimony; hearing closed; Council direction to bring back Resolution
MTG. DATE ATTACHMENTS
8/15 Memo from TVS Executive Team on alternatives and 2 maps
8/15 Letter to Pam Linder from Art McKean, Esq, on behalf of Herman Schoenbachler
8/22 Letter to Lisa Verner from Art McKean (Schoenbachler attorney) dtd 8/16 with map
8/29 Draft Resolution
DRAFT
CITY OF TUKWILA
WASHINGTON
RESOLUTION NO.
A RESOLUTION OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING CONDEMNATION
OF PROPERTY FOR THE EXTENSION OF
SOUTHCENTER PARKWAY AND SOUTH 178TH
ROAD IMPROVEMENT PROJECTS
WHEREAS, the City of Tukwila has determined that the annexation and
development of the Tukwila South area ("Project") is a top priority; and
WHEREAS, at the time the Project was proposed to the City, it was believed by
the parties that the property needed to extend Southcenter Parkway and to realign South
178th would be donated by the Project Applicant ("La Pianta") to the City for road
improvements; and
WHEREAS, the City Council, in reliance on this understanding, funded certain
design work in connection with these two road improvement projects; and
WHEREAS, the City has in its Capital hnprovement Plan certain road projects,
two of which are the extension of Southcenter Parkway and the realignment of South
178th; and
WHEREAS, the parties have now learned that the required property IS not
currently available to La Pianta; and
WHEREAS, the City is now faced with the decision of whether or not to
condemn property needed for these road improvement projects;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. The City proposes to begin the acquisition process for the property
necessary for widening Southcenter Parkway in the current alignment within the existing
city limits. The acquisition of property will not begin until a satisfactory agreement is
reached with La Pianta regarding Project financing and cost sharing to mitigate the financial
risk to the City, and not until a completed 60% petition for annexation has been submitted to
the City by La Pianta.
Section 2. The South 178th realignment and storm water detention pond projects
associated with this development are private development responsibilities and are not
included in this statement of intent to condemn.
PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON
THE DAY OF ,2005.
CITY OF TUKWILA
Mayor Steven Mullet
ATIEST/AUTHENTICATED:
Jane Cantu, City Clerk
Approved as to fonn:
Shelley Kerslake, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Resolution No.:
Date Posted:
,
.-,
.;-
"
;#~
Tentative Agenda Schedule
f(1~~i~ ~;l~~~i;~~~~~~W~JJ!~~~:;>t~t1li6~~~):~ i M)J~~~~ 4;."
August 1
Sept.
5th_
Labor Day
(City offices
closed)
"
October 3
30th -
Return to
standard time
31st -
Fifth Monday of
the month-
no Council
meeting scheduled
-.;.
8
15
6 (Tuesday)
19
12
illtf~!
3:30 -5 PM
TCC - Mtg. Rm. B
(2005 Budget Update)
Proclamation:
Proclamation designating
Saturday, September 24,
2005, as the annual
"Mayor's Day of
'Concern for the Hungry "
Public Hearing:
Vacating South 124th
Street from East
Marginal Way South to
Tukwila International
Blvd.
liJJ
7pm
Council Chambers
Unfinished Business:
Transportation element.
(Rescheduled from
August 25, 2005 )
10
17
22
Aiig:,29~(Moi:Y~;
:SrlecHiIMieting"':
_ _L______________
6:00 PM
Council Chambers
See agenda packet
cover sheet for this
week's agenda
26
24
VP~~~1iI1ig~1}1:eetings &~ ~Y~ilt~ -,
-,<; AUGUS'tJSJ3:PTE1\ffiER 2005 "",~_-
,6tlH1'ucida,);,~L,~ '-:L1 :7thi'(\yednesday)": :-j"'> '8th,,(Thimda'}<.
}> Chamber of }> City Council SPECIAL lYIEETING
Commerce Gov't. & Special Mtg. Joint City Council!
Community Affairs (Council & Planning Commission
Cmte,,12:00NoON Dept Heads) worksessio~:
(Chamber Office) Transportation
2005 Budget element of the
Update Comprehensive Plan
3.30-5:00 PM (Rescheduledfroll!
(TCC - Mtg, Rm. B) August 25,2005)
7PM
(Council Chambers)
29th (lYlondav)
}> City
Council
Executive Session
5:30 PM
Special Mtg,
6:00 PM
(Council
Chambers)
'5th'(Morida')>,C,~
LABOR
DAY
City offices
closed
}> Arts Commission,
5:00 PM
(Comll!unity Center)
[Iij",,--. ~ .
,~i'; c'-
~'!i~f',
..:;;. - 0" .
....<;,-... '- - ".':
}> Finance & Safety
Cmte, 5:00 PM
(CR #3)
-
-~ ~~~...,,~~~
}> City Council
Regular Mtg"
7:00 PM
(Council Chambers)
31st (Wednesday)
FARi'YIERS MARKET
14300 Tul,:wila In!'l,
Blvd, (across frail!
LaI7J"S .Market)
Every 'Wednesday
(now through Sept. 28)
3:00 to 7:00 PilI
1st (Thursday) I 2nd (Fridav) I 3rd (Sat.)
}> Equity & Diversity
Commission,
5 15 PM
(Showalter Middle
School Librar>~
PUBLIC l\IEETING
Link Light Rail
Construction Update
5.30 PM
(Foster Library)
~ Court
,9th (Friday)
10th (Sat.) , _
FARi''1ERS IVlARKET
14300 Tukwila Int'l.
Blvd. (across from
Lany's l'v[arket)
Every Wednesday
(extended thru Sept. 28)
3:00 to 7:00 PM
}> Utilities Cmte,
5:00 PM
(CR #1)
}> Apartment Managers' Networking Lunch: Periodically as scheduled, Contact Robbie Burns at 206,243,6506,
}> Arts Commission: 1st Tues" 5'00 PM, Tukwila Community Center, Contact Kimberly Matej at 206-767-2342,
}> Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices,
Contact Naney Damon at 206,575-1633,
}> Chipper Days, sponsored by the 'Wash. State Dept. of Agriculture: 3rd Sat, 10:00 M! to 1 :00 PM, Foster HS Main Parking Lot.
}> City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon" 7:00 pm, Council Chambers at City Hall.
}> City Council Regular Meeting: 1st & 3rd Mon" 7:00 PM, Council Chambers at City Hall,
}> Civil Senice Commission: 2nd Mon., 5:00 PM, Conf, Room #3. Contact Bev Willison at 206-433,1844
}> Community Affairs & Parks Committee: 2nd & 4th Tues" 5:00 PM, Conf, Room #3,
}> COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed" 6:30 PM, Conf, Rm #5. l'v[mja Mun'ay (206-433-7175).
}> Crime Hot Spots Task Force: 3rd Wed" 10:00 AM, Conf, Room #5. Contact Marja Murray at 206,433-7175.
}> Domestic Violence Task Force: 3rd Thurs., 12:00 Noon, Cont: Room #5. Contact Evie Boykan or Stacy Hansen at 206-433-7180,
}> Equity & Diversity Commission: 1st Thurs" 5,15 PM, Showalter Middle School Library Contact Lucy Lauterbach at 206-433-1834
}> Finance & Safety Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #3
~ Highway 99 Action Committee: 2nd Tues" 7:00 PM, Tuh.'wila Community Center. Contact Chief Dave Haynes at 206,433-1812,
}> Human Services Ad\isory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office, Contact Evie Boykan at 206,433-7180,
}> Human Senices Providers: 11.30 MI, TCC, (tentative schedule: 3/18, 6/17, 9/16, 12/2). Contact Stacy Hansen at 206,433-7181
}> Library Ad\isory Board: 2nd Tues" 7:00 PM, Foster Library Contact Bruce Fletcher at 206-767-2343
}> Lodging Tax Advisory Committee: Every other month (or as scheduled), 12 NOON. Contact Katherine Kertzman at 206-575-2489
}> Parks Commission: 3rd Wed., 5,30 P!\'I, Senior Game Room at Community Center. Contact Kimberly Matej at 206-767-2342,
}> Planning CommissionIBoard of Architectural Review: 4th Thurs" except 2nd Thursday in Nov & Dee" 7'00 PM,
Council Chambers at City Hall, Contact Wynetta Bivens at 206,431,3670,
}> Sister City Committee: Contact Liley Lauterbach at 206,433-1834
}> Transportation Committee: 2nd & 4th Mon" 5:00 PM, Conf. Room # 1.
~ Utilities Committee: 1st & 3rd Tues" 5:00 PM, Conf. Room #1
~ Court = Busy Court andlor Jury Calendar (noted to alert employees and citizens of potential parking difficulty).