HomeMy WebLinkAboutTrans 2008-02-12 COMPLETE AGENDA PACKET Distribution: Jon Harrison M. Miotke
�Jsti City of Tukwila P. Linder N. Olivas J. Pace
D. Robertson S. Anderson C. Parrish
Transportation Committee D. Q uinn P. Brodin File Co
O: s2 Q Copy
Mayor Haggerton B. Gibersoningetefoan_a
J. Duffle F. Iriarte 3 Extra Copies
d* Pam Linder, Chair V. Griffin C. Knighton
igp$ Dennis Robertson R. Berry G. Labanara e-mail to B.Saxton
K. Matej J. Morrow C. OTIaherty, K.
w De'Sean Quinn D. Speck R. Tischmak Narog and S. Norris
J. Cantu B. Arthur and S. Kirby
C. O'Flaherty K. Fuhrer
S. Norris S. Kerslake
AGENDA
TUESDAY, FEBRUARY 12, 2008
Time. 5:00 PM Place. Conference Room #1
e^' Actr6 a Ta=ken- _Page
I. Current Agenda Review I.
II. Presentation(s) II.
III. Business Agenda III.
A. 2008 Overlay Program consultant selection and A. Forward to COW 2/25/08 Pg. 1
agreement
B. Museum of Flight Pedestrian Bridge Airspace B. Forward to COW 2/25/08 Pg. 11
Lease
IV. Old Business IV.
Future Agendas:
Next Scheduled Meeting: Tuesday, February26, 2008
The City of Tukwila strives to accommodate individuals with disabilities
Please contact the Public Works Department at 206 433 -0179 for assistance.
To: Mayor Haggerton
From: Public Works Director c ri)
Date: February 7, 2008
Subject: 2008 2009 Overlay and Renair Protrams
Project No. 08 -RWO1
Consultant Selection, Scope of Work, and Fee Estimate
ISSUE
Select a consultant to provide design and plans, specifications and estimates (PS E) for the
City's 2008 and 2009 Overlay Programs.
BACKGROUND
Task 1
The CIP includes two components (Residential Commercial) for the Annual Overlay Program
to provide repairs and overlays on the City's street system. The 2008 list of projects include:
Residential
Street From To
1. S 140 St 53 Ave S 55 Ave S
2. S 132" St 32 Ave S 34 Ave S
3. S 131 P1 Localized leveling East of Macadam Rd
4. S 139 St TIB 42" Ave S
5. S 140 St TIB 42 Ave S
6. S 137 St West of Macadam Rd as budget allows
Commercial
INFORMATION MEMO
Street From To
7. S'center Pkwy Klickitat Dr Nordstrom Signal
8. Frager Road Localized leveling near creek crossing
9. Airport Way NB ramp from Boeing Access Rd
10. E Marginal Wy BAR Sound Transit Project
11. E Marginal Wy BAR Norfolk
12. S 130 P1 South of S 129 St as budget allows
P:\PROJECTS\A- RW RS Projects \08RW01 2008 Overlay Repair\ConSelctfor2008.doc
Mayor Haggerton
Page 2
February 7, 2008
Task 2 Other Work
Pavement ratings for all streets in the City will be updated to reflect current conditions and
entered into the Pavement Management System. Results from the updated Pavement
Management System will be used to prioritize future overlay and repair candidates, estimate
costs to maintain the street system to an acceptable condition, and assist in establishing an annual
budget for the Overlay Program.
An analysis of the estimated construction costs vs. budget will occur at the 50% design level. If
estimated project costs exceed the 2008 budget, then selected projects will be automatically
delayed and included in the 2009 Overlay Program. The scope of work will include the option to
supplement the contract for design of the 2009 Overlay Program.
ACTION TAKEN
In order to advertise the City's annual overlay program early in the year, work must begin in the
4 quarter of the previous year. The CEP budget was established to include the design costs for
2008 as well as funds to begin design for 2009. The 2008 consultant selection process also
includes selection for the 2009 Overlay Program.
Three firms were short- listed from the City's consultant roster of films that indicated they
provide expertise in pavement design, overlay design and pavement management. All three
firms were rated based on the expertise and experience necessary to perform the work. KPG, Inc.
was selected as the most qualified (see rating sheet attached).
KPG, Inc., has provided design and construction services for the City in past years. A draft
Scope of Work and Fee Estimate are attached.
Contract Budget
Design (Commercial) $67,209.60 $100,000.00
Design (Residential) 22352.00 24.000.00
Totals $89,561.60 $124,000.00
RECOMMENDATION
Approve the selection of KPG, Inc. as Design Consultant for the 2008 and 2009 Overlay
Programs and authorize the Mayor to execute a contract with KPG, Inc., in the amount of
$89,561.60.
Attachments: 2008 Overlay Project Maps
Rating Sheet
KPG Letter dated 2/6/08
Eshibit A: Scope of Work
Exhibit B: Fee Estimate
P:\PROJECTS\A- RW RS Projects \08RWO1 2008 Overlay Repair \ConSeletfor2008.doc
2008 Overlay Projects Vicinity Map
2008 Overlay Projects Vicinity Map
Agency Overlay
Program Management
P :\PROJECTSrA- RW RS Projects \08RWO i 2008 Overlay Repair\2008 consel
CONSULTANT SELECTION
2008 2009 OVERLAY REPAIR PROGRAM
Pavement Design Rehabilitation
Repair Expertise
David Evans W H
Associates Pacific
Project Manager 1 1 1
2 2
Tukwila Overlay
Program Knowledge 2 1 1
Pavement Management
System Experience 2 2 1
Expertise Using
Federal Funds 1 1
KPG
TOTALS 9 8 6
For each category, highest score is 1 (with the lowest or worst score at 4)
Consultant with the lowest score is ranked the best.
February 6, 2008
Mr. Robin Tischmak, P.E.
City of Tukwila
Department of Public Works
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: 2008 Overlay Program
Dear Robin,
MPG
SEATTLE TACOMA
ENGINEERS
ARCHITECI
LANDSCAPE ARCHITECTS
SURVEYORS
KPG is pleased to submit to you the attached scope of work and hour and fee estimate for the
referenced project. The work scope includes preparation of plans, specifications and estimates
for the 2008 overlay program (Up to 12 sites total), construction support for Interurban Avenue,
and update of the Pavement Management Program by Pavement Engineers, Inc.
Our total estimated fee for this work is $89,561.60 and we are ready to begin immediately upon
your notice to proceed.
We look forward to working with you on this project. Please feel free to contact me at 206 -267-
1052 if you should have any questions or would like to discuss this proposal.
Very Truly Ypurs,
Nelson Davis, P.E.
Principal
753 9th Avenue North
Seattle, WA 98109
Fax 1 206.286.1639
Phone 1 206.286.1640
Exhibit A
City of Tukwila
2008 Overlay Program
Scope of work
February 6, 2008
TASK 1 2008 OVERLAY PROGRAM
The Consultant shall prepare final Plans, Specifications and Estimates for the following overlay
projects:
Commercial Roadways:
Frager Road:
Southcenter Parkway
Airport Way
E. Marginal Way
E. Marginal Way
S. 130 Place
Residential Roadways:
S 131 Place
S 132n Street
S 140 Street
S 139 Street
S 140 Street
S 137 Street
TASK 3 PAVEMENT MANAGEMENT SUPPORT
Localized leveling near slough at creek crossing
Klickitat to Nordstrom signal, northbound inside lane maintenance
Northbound Ramp from Boeing Access Road
Boeing Access Road to Sound Transit Project
Boeing Access Road to Norfolk
South of S 129 Street as budget allows
Localized leveling east of Macadam Road
32 Avenue S to 34 Avenue S
53 Avenue S to 55 Avenue S
Tukwila International Boulevard to 42 Avenue S
Tukwila International Boulevard to 42 Avenue S
West of Macadam as budget allows
The Consultant shall provide all necessary field reviews, base mapping, and utility notification
required to complete final bid documents. 40 copies of the final bid documents will be provided
to the City for bid advertisement. Interim review submittals (10 copies) will be prepared at the
50% and 90% stage of plan completion. The Consultant shall also prepare the bid tabulation,
check low bidder(s) references, and provide a recommendation for award to the City.
Permitting, environmental documentation, geotechnical review, or stormwater detention and
water quality have not been included in this scope and estimate.
Projects will be bid as a single bid package as budget allows. Projects may be re- prioritized or
deferred to a future overlay program based on available budget and other considerations.
Detailed estimates will be prepared at the 50% design to determine the final projects to be
included in the 2008 Overlay Program.
TASK 2— INTERUBAN AVENUE CONSTRUCTION SUPPORT
The Consultant will attend the pre- construction meeting, provide field observation services, and
prepare pay estimate for construction of the Interurban Avenue Overlay. It is anticipated that
construction will last 3 working days and will be completed in February, 2007.
An allowance of $15,000 is included to provide support and upgrades to the City's pavement
management system. This work will be performed primarily by Pavement Engineers, Inc. under
subcontract to the Consultant.
KPG 1 of 1 2008 Overlay Program
HOUR AND FEE ESTIMATE
Project: City of Tukwila
2008 Overlay Program
Description
Task
Task1 2008 Overlay Program
1.1 Coordination meetings
.__._Utility. c
1.3 Prepare base maps_.,
Frager Road
Sout hcenter Parkway_
Airpo rf WaY_
E. M ar5
final Way N of BAR
EXHIBIT B
S -130th Pace
S 131st Place
S 132nd Street
S 140th Street
S 139th Street
S1 Street
1.4 Prepare overlay _plans
S 137th Street
lans estimate 20 sheets
Quantities I estimates
1.6 Prepare specifications
15
1.7 Prepare review submittals
Reimbursable expenses see breakdown for details
Task Totals
Task 2 interurban Avenue Construction Support
2.1 4
Attend pre construction meeting_ 20
2,2 Field observation
2 3 prepare final pay reguest see breakdown for details
Task expenses
Task Totals 6
pavement Management Support
Task 3 ement Coordination
3.1 pavement Manag expenses see breakdown for details
Reimbursable exp Task Totals
Estimated rates are based on: cost f direct salary
Fee calculated as 15 %0o d sect salary overhead
Fee
217/200
Architecture
Landscape Architecture
Civil EngineeEngineering Total Fee
*Labor Hour Estimate
Project al
Engineer Technician 65 Clerical
113.57,$
0 980.52
2
1,831
12 34
12 ,831 76 34 4
0
4
2 1,476.44
Senior
Engineer
1 2 328.16
8 0
8 4 0
0
4
0 0
12
S
Y of BAR)
4 0”
Fee
x,831.3
,831.3
,626 _34_
1,476._
478744
8
2
12_
0 4_ 12 0 1,476
0 4 12 0 2,626 34
16...._ 24,417.80
16 40
o
2 8 -_120 p 6,643 92._
16 100
8 16l 8 5 125.84
_4 217.28
16 16 8 1,450.00
344
8 0 J `t4 66,600. .4
60 208 582.04
3 435
2 0 _1 5 8
24 550.00
0
8 4 5 550 .20
4
34
2,222.
8 4
15,000.
4 8 4 I 4 17,222.
4 89,561.
Total Estimated Fee:
�F]�"^n�
Project: City of TUICWit3
2008 Overlay Program
uG�� t
HOUR
EXHIBIT B
Mileage
Task 2 Interurban Avenue Construction Support
lilliieage
Allovvance for Testin9 Services
Tavslc,..3_-ra_777.m,peilneo_tiva,. gtA:n,a_.:a_t_g8er..na.;;_et_:_uiprl....o.,Tt._n__o_iima____:ie.,n...aiszolt_o_in..si_u_ik.to....ta,..r.::
21712
11.".
Landscape Architecture
COSt
200 00
550.00
To: Mayor Haggerton
From: Public Works Directo
Date: February 7, 2008
Subject: Museum of Flight Pedestrian Bridge
Airspace Lease
ISSUE
BACKGROUND
INFORMATION. MEMO
Approve an air space lease with the Museum of Flight.
The Museum of Flight has applied for a permit to construct a pedestrian bridge over East
Marginal Way, just north of So. 94 P1. Their application and plans have been reviewed and
they will soon be sent a correction letter for a few minor revisions. The Museum of Flight was
successful in receiving a Federal Transit Grant to help pay for this safety project. The bridge
construction may begin as soon as March or April and be substantially completed this year.
Both ends of the bridge have foundations on private property; however the bridge will encroach
in the airspace over East Marginal Way. The law requires that public agencies charge a fair
market value with an agreement for the use of the airspace, as long as the space isn't needed.
The attached airspace lease has been reviewed by the City Attorney and will guarantee that the
bridge is inspected, maintained, repaired and insured, and that it will create minimal risk to the
City.
RECOMMENDATION
Authorize the Mayor to sign.
Attachments: Exhibit A Airspace Lease
Drawings
P:\BOB\TC_UCtInfo Memo MOF Air Space Lease.doc
Airspace Lease Page 1
01043 -0028 /LEGAL 13 896734.1
Recording No.
After recording return original to:
The Museum of Flight Foundation
9404 East Marginal Way South
Seattle, WA 98108
AIRSPACE LEASE
THIS AIRSPACE LEASE is entered into between the CITY OF TUKWILA, a Washington
municipal corporation "City and the MUSEUM OF FLIGHT FOUNDATION, a Washington
non -profit corporation "Museum
WHEREAS, the Museum and King County have entered into an agreement for the Museum to
construct, among other things, a pedestrian bridge over East Marginal Way South, which will
provide improved pedestrian access to the Museum's buildings on either side of East Marginal
Way South, as well as, provide improved access for the general public to cross East Marginal
Way South; and
WHEREAS, the portion of East Marginal Way South over which the Museum will construct the
pedestrian bridge is a major arterial located in the City of Tukwila; and
WHEREAS, the use of space located over public roadways may be governed by an executed
airspace lease; and
WHEREAS, the City is the appropriate entity to grant such an airspace lease to the Museum,
and;
WHEREAS, the City is willing to grant such an airspace lease to the Museum.
Now, therefore, THE PARTIES AGREE AS FOLLOWS:
1. GRANT OF RIGHT TO USE AIRSPACE.
The City fmds the placement of the pedestrian bridge in the airspace above East Marginal
Way South will not interfere with the use of the highway as a public right -of -way. It is in
the best interest of the City to permit the Museum to so use the airspace. In the judgment
of the City, the use of the airspace will not be inconsistent with the public purposes for
which they were intended. In consideration for the mutual benefits to the parties and the
terms and conditions of this airspace lease, the City grants to the Museum the right to use
that portion of the airspace over East Marginal Way South between King County Parcel
Numbers 3324049019 and 5624201034 that is needed for the placement of a pedestrian
bridge as approved by the City and as illustrated in the attached Exhibit A. This lease is
P:\BOB\TC_UCMOF Air Space Lease.doc
EXH1B1T±
Airspace Lease Page 2
01043- 0028/LE0AL13896734.1
limited to the air space used by the bridge and does not include any air space above or
below the bridge.
2. TERM OF AIRSPACE LEASE.
The initial term of this airspace lease "Lease shall be fifteen (15) years,
COMMENCING ON THE DA'L'E OF EXECUTION OF THIS LEASE BY THE CITY
"Commencement Date
3. RENEWAL.
This Lease may be renewed by the parties for an additional fifty (50) periods (two -year
"Renewal Period Provided that: (A.) the MUSEUM is not in default and has not been
in default during the term of this Lease; (B.) there is no public need for the leased space;
(C.) MUSEUM's continued use under this LEASE does not impair the safety or operation
of the CITY's highway or right -of -way, as solely determined by the CITY; (D.) the terms
and conditions of this LEASE conform to then existing City policies or practices, state
laws, City regulations and contracts, or provided the MUSEUM is willing to amend this
LEASE to bring it into compliance with such policies, practices, laws, regulations and
contracts; and (E) the Museum agrees to maintain insurance in an amount that at a
minimum meets the insurance amounts specified in Tukwila Municipal Code
11.08.100(A)(1), or as amended. Subject to the conditions set forth above, each
additional term shall be on the same terms and conditions as set forth in the Lease, except
as reflected in any written amendment(s) signed by both parties. The MUSEUM shall
give notice of its intent to renew this Lease for an additional term at least ninety (90)
days, but not more than six (6) months, prior to the expiration of this Lease, or any
extension thereof.
4. COVENANTS BY THE MUSEUM.
B. Maintenance.
P:\BOB \TC_UC \MOF Air Space Lease.doc
A. Construction of Pedestrian Bride. The Museum shall construct and
maintain the pedestrian bridge in accordance with the approved permit
documents, as submitted to the City. Lighting and all appurtenance
entrances, stairways and structures shall conform to all applicable city
codes.
1. The Museum shall perform or cause to be performed at its sole
expense all inspection functions, maintenance, and repairs that
shall include, but are not limited to, keeping the pedestrian
bridge, the access route, and impacted public right -of -way in
good condition, both as to safety and appearance, to the
satisfaction of the CITY. All inspections, maintenance, and
repairs shall be done in accordance with the WSDOT
Washington State Bridge Inspection Manual (Manual Number
M 36 -64), available for free online at:
htto:/ .www.wsdot.waQovioublications/ manuals /fulltex /m36- 64/13ridgelnsnection.ndf
Airspace Lease Page 3
01043- 0028/LEGAL13896734.1
P:\BOBITC_UCIMOF Air Space Lease.doe
2. The MUSEUM agrees that it is additionally responsible for the
following specific maintenance and operational items, at its
sole expense, without further liability to the CITY:
Graffiti removal upon all real and personal property subject
to this Lease. The Museum shall in no way interfere with
any highway operations or traffic flow on E. Marginal Way
when removing graffiti.
Litter control on an as needed basis.
Sweeping of the pedestrian bridge on an as needed basis;
and
Removing and disposing of unauthorized signs, banners,
etc. from the pedestrian bridge.
C. Public Access. The Museum hereby acknowledges that there shall be a
nonexclusive right of pedestrian access by the public for the purpose of
moving to and from either side of East Marginal Way South during the
hours of bridge operation, which shall be determined by the Museum.
D. Insurance. The Museum shall procure and maintain for the duration of
the Lease, insurance against claims for injuries to persons or damage to
property arising out of or in connection with any acts or activities related to
this Lease. Such insurance shall be combined single -limit coverage of not
less than two million dollars ($2,000,000.00) naming the City as an
additional insured and shall include a provision prohibiting cancellation or
reduction in the amount of said insurance except upon thirty (30) days prior
written notice to the City. Cancellation of the required insurance shall
automatically result in termination of this Lease.
E. Waiver of Subrogation. The Museum hereby releases and discharges all
claims, losses and liabilities arising from or caused by any hazard covered
by property insurance on or in connection with the pedestrian bridge. This
release shall apply only to the extent that such claim, loss or liability is
covered by insurance.
F. Indemnification. The Museum, its successors and assigns, will protect,
save, and hold harmless the City, its authorized agents and employees, from
all claims, actions, costs, damages, or expenses of any nature whatsoever by
reason of the acts or omissions of the Museum, its assigns, subtenants,
agents, contractors, licensees, invitees, employees, or any person
whomsoever, arising out of or in connection with any acts or activities
related to this Lease. The Museum further agrees to defend the City, its
agents or employees, in any litigation, including payment of any costs or
attorney's fees, for any claims or actions commenced, arising out of, or in
connection with acts or activities related to the Lease. The Museum
expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and
agrees that the obligation to indemnify, defend and hold harmless provided
Airspace Lease Page 4
01043- 0028/LEGAL13896734.1
for in this paragraph extends to any claim brought by or on behalf of any
employee of the Museum. This waiver is mutually negotiated by the parties.
This paragraph shall not apply to any damage resulting from the sole
negligence of the City, its agents and employees. To the extent any of the
damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to
indemnify, defend and hold harmless is valid and enforceable only to the
extent of the negligence of the Museum, its officers, agents, and employees.
G. Rules and Regulations. The Museum will maintain the pedestrian access
route and may adopt reasonable rules and regulations for the use of this
space; provided that the rules and regulations are not in conflict with the
right of pedestrian access and are consistent with this section. The Museum
agrees that it will abide by all applicable local, state and federal laws, rules
and regulations in the operation of the pedestrian bridge. The Museum
further agrees that it will adequately maintain and safely operate the
pedestrian bridge, as reasonably determined by the City.
5. COMPENSATION.
The MUSEUM covenants and agrees to pay rent for the Leased Air Space to the CITY in
advance annually, on or before the 1 day of each January during the entire term of this
Lease. Rent shall be paid at the initial rate, subject to adjustment as hereafter provided,
of Twelve Hundred Dollars ($1,200.00) per year, payable at the address designated under
Section 7. In no event shall the rent be less than this initial amount.
6. RENT ADJUSTMENTS.
The CITY may, at its option, adjust the annual rent every year by the percentage change
that occurred during the preceding calendar year in the U.S. Consumer Price Index for
All Urban Consumers (U.S. CPI -U), using the data as published by the United States
Department of Labor's Bureau of Labor Statistics, or its successor. The CITY shall give
not less than thirty (30) days prior written notice to the MUSEUM that a Rent
Adjustment has been made. This notice shall include the amount of the adjusted Rent
and the date the new Rent is to become effective.
7. RENT PAYMENTS PAYABLE TO:
City of Tukwila
Attn: Finance Director
6200 Southcenter Blvd.
Tukwila, WA 98188
8. RIGHT TO NOT BUILD/RIGHT TO REMOVE STRUCTURE.
This airspace lease does not obligate the Museum to construct the pedestrian bridge.
Furthermore, the Museum shall have the right at any time to remove the pedestrian brid
at its expense. If the Museum elects to do so, it shall leave the airspace and right -of -way
free and clear of all buildings, structures or encroachments. Upon removal of all
P:\BOB \TC_UC\MOF Air Space Lease.doc
Airspace Lease Page 5
01043- 0028/LEGAL13896734.1
buildings, structures, and encroachments, the Museum's obligations under this airspace
lease shall cease.
9. TERMINATION BY CITY.
The CITY may terminate this Lease, without penalty or further liability as follows,
subject to applicable laws and regulations:
a. Upon not less than thirty (30) days prior written notice to the MUSEUM, if
MUSEUM fails to inspect, maintain, and/or repair the pedestrian bridge in a
safe and satisfactory manner approved by the CITY;
b. Upon not less than thirty (30) days prior written notice to MUSEUM, if
MUSEUM fails to cure a default for payment of amounts due under this
lease within that thirty (30) day period;
c. Upon not less than thirty (30) days prior written notice to the MUSEUM, if
there is a public need for the leased space;
d Immediately if the MUSEUM's continued use under this lease causes an
impairment to the safety or operation of the CITY's highway or right -of-
way, as solely determined by the CITY;
e. Upon not less than thirty (30) days prior written notice to the MUSEUM, if
MUSEUM defaults, other than for non payment of rent, and fails to cure
such default within that thirty (30) day period, or such longer period, as may
be reasonably determined by the CITY, if MUSEUM is diligently working
to cure the default; or
f. Immediately, upon written notice, if the CITY is required by court order, by
legislative action, or by a governmental agency having jurisdiction to take
some action, which would effectively prohibit the MUSEUM's use of the
Leased Airspace.
10. EFFECT OF TERMNATION.
Upon termination of this Lease, the Museum shall remove the pedestrian bridge at the
Museum's expense. In the event the Museum fails to do so, the City may, at the
Museum's expense, remove and dispose of the pedestrian bridge as it deems appropriate,
subject to applicable laws and regulations. The Museum shall reimburse the City for all
expenses incurred in such removal and disposal within thirty (30) days of the date of the
City's invoice for such costs.
11. SIGNS, DISPLAY LIGHTS, ADVERTISING MATERIALS.
Signs, display lights, or advertising media/materials are not permitted on the pedestrian
bridge.
12. SUCCESSORS AND ASSIGNS.
The Museum will not, in whole or in part, assign this airspace lease (other than for
security purposes) without prior written consent of the City, which consent shall not be
unreasonably withheld; provided, however that notwithstanding the foregoing, the
Museum shall be entitled to assign its rights and interests under this airspace lease,
P:\BOB \TC_UC\MOF Air Space Lease.doc
Airspace Lease Page 6
01043 -0028 /LE0AL13896734.1
By
Printed Name:
Title:
without the consent of the City, to King County if required pursuant to the terms of that
certain Museum of Flight Pedestrian Bridge and Other Transportation Facilities 2006
Funding Agreement between the Museum and King County, and the rights and interests
granted herein shall run with such real property. Any assignee shall be required to
assume and fulfill all obligations of the Museum under this airspace lease arising after the
date of such assignment.
13. RECORDATION.
This airspace lease shall be recorded by the Museum with the King County Division of
Records and Elections. Upon recording, the original document shall be returned to the
City.
14. PARTIAL INVALIDITY.
If any portion or provision of this airspace lease is held invalid that materially modifies
the terms and conditions of this Lease and results in a detrimental change in
circumstances or a material hardship for either party in performing this Lease, either
party may request to renegotiate this Lease and the other party agrees to renegotiate fairly
with the requesting party, otherwise the validity and enforceability of the remainder of
this airspace lease shall not be affected.
15. APPLICABLE LAW; VENUE; ATTORNEY'S FEES.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In the event any suit, arbitration, or other proceeding is instituted to
enforce any term of this Agreement, the parties specifically understand and agree that
venue shall be properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit.
CITY OF TUKWILA
Jim Haggerton, Mayor
MUSEUM OF FLIGHT FOUNDATION
P:\BOB \TC_UC\MOF Air Space Lease.doc
Date:
Date:
Vicinity Map
Parcel No. 5624201034
Atise
Legal Description
Project Sit
a-
.1 -J_��
Parcel No. 5624201034
Legal Description:
MOORES FIVE ACRE TRS "REVISED LOT AN TUKWILA BOUNDARY LINE ADJUSTMENT NO
BLA -01-002REC NO20010803900001 AFFIDAVIT OF CORRECTION REC NO. 20020215001703 WCH IS
POR OF SE 114 OF SW 1/4 AND POR OF SW 1/4 OF SE 1/4 STR 33 -24-04
Parcel No. 3324049019
Legal Description:
THAT POR OF THE SE OTR OF SEC 33 TWP 24 N RNG 4 E WM IN KING COUNTY WA DESCRIBED AS
FOLLOWS COMMENCING AT THE SE COR OF SD BUBD TH N 88-04-53 W A DIST OF 1314.13 FT ALG S
LN THOF TO NELY MGN OF E MARGINAL WY S AND POE TH ALG SD MON N 88-04 -53 W A DIST OF
37.35 FT TH CONT ALG SD MON N 22.31 -55 W A DIST OF 997.82 FT TH DEPARTING SD MGN S
87 -4939 E A DIST OF 77.07 FT TH N 22.49 -02 W A DIST OF 23.50 FT TN S 87-49-39 E A DIST OF 89.83
FT TH S 02 -11- 39 W A DIST OF 42.19 FT TH S 88- 43-46 E A DIST OF 290.49 FT TH S- 28.43.46 E A DIST
OF 89.25 FT TH S 88 -18-47 E A DIST OF 164.78 FT TO A LN THAT IS 500 FT FR AND PLW C/L RUNWAY
13R-31L TH ALO SD LN S 28-43-34 E A DIST OF 65&80 FT TN S 67.28.05 W DIST OF 596.64 FT TO POB
PER CITY OF TUK BLA NO L 02-058 REC 620030115800002
f No. 3324049019 I
Airspace Lease Sketch
Pedestrian Bridge
Museum of Flight
Design Sketch