HomeMy WebLinkAboutCAP 2008-10-27 COMPLETE AGENDA PACKET Distribution: G. Labanara
J�WtLA' kr, City of Tukwila J. Duffle K. Matej
J. Hernandez M. Miotke
Z s Community Affairs and V. Griffin C. O'Flaherty
j D. Quinn N. Olivas
Parks Committee P. Linder J. Pace
D. Robertson D. Speck
3oan Hernandez, Chair Mayor Haggerton R. Still
1908 R. Berry B. Arthur
Verna Griffin E. Boykan C. Parrish
De'Sean Quinn B. Fletcher K. Narog(cover)
M. Hart S. Kirby(email)
AGENDA S. s S. rls(emaip
V. JesJes sop L. Verner
S. Kerslake J. Aken
MONDAY, October 27, 2008, 5:00 PM
Conference Room #3
ITEM_ RECOMMENDED ACTION Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Cascade Agenda Cities Program; a. Forward to 11/10 C.O.W. Pg.1
Bruce F /etcher, Parks and Recreation Director and 11/17 Regular.
and JeffAken, Cascade Land Conservancy.
b. Tukwila Pond Park Development Contract b. Forward to 11/10 C.O.W. Pg.5
with Robert Droll; Bruce Fletcher Parks and and 11/17 Regular.
Recreation Director.
c. Acquisition of open space at 5800 South 152 c. Forward to 11/10 C.O.W. Pg.19
Street; Bruce Fletcher, Parks and Recreation and 11/17 Regular.
Director
d. An ordinance establishing levels -of- service d. Forward to 11/10 C.O.W. Pg.39
standards for parks and open space; and 11/17 Regular.
Lisa Verner, Project Manager.
Please bring your copy of the
Parks, Recreation Open Space Plan,
distributed in June. Q
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Monday, November 10, 2008
S The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance.
MEMORANDUM
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director, Parks and Recreation
CC: Rhonda Berry, City Administrator
DATE: October 22, 2008
SUBJECT: Cascade Agenda Cities Program
Parks and Recreation Department
Bruce Fletcher, Director
Jeff Aken from the Cascade Land Conservancy will present information about the Cascade
Agenda Cities Program and discuss how the City of Tukwila can participate in the program.
Attached is a brochure that outlines the program.
'irierkaanik
GE FriNG INVC)LVED
If your city is informed in becoming even more livable while conserving the regi6n:s:.
great places. consider becoming a member of the Cascade Agenda Cities Progra6
The first step to become a member is to schedule an inforinatkinal 10e0ting with uI
staff. We are available to noes with city staff and begin the dialog,uti help your city
learn more about becoining a tnember of the Cascade Agenda Cities Program.
CASCADE LAND CONSERVANC1'
611 2 rid Avenue, leion 600
S■.!;10:■;,WA 91,910.1
.4.
The Puget Sound region has a spectacular
natural environment wick 1110(111V11111S,
forests, streams and a strong legacy
of woi long lands, It is a striking place
to live with a strong /oh market. great
neighborhoods and community assets.
remarkable parks, libraries and ITILIWUITIN.
Hie region is qt. a critical moment in its
history. PopulAtion is expected to double
in the next 100 years, adding enough
people to populate six cit.le.; die size of
Seatcle, GlobAlly,elimatra change threatens
the natural erivirom»cnt. economy and
standard of living. Iii re$11011 these
mounting pressures, Puget Sound resident's
mot work together to protecc their quality
of life now and create a better future for
those who come after them.
in
trn THF CASCADE
AGENDA
Ca tho. If' .11 ellis wiH
pi future.
By buildir rv.:;re," h(.)1 ii
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not. (...r.)inprc.)rnise
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he CascadeAgerida is a roiiectiv4 100 year vision for conserving
Washington's'rematable, larldscop .1 irr the face of a growing ,1
populatin7 and is changing economic base,' 1
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ofttot,,
1,'SN11101,
COMPLET E
irbrrr tosighlsorhoods have A Vlbranr rix Of people.
p01711r; ;p1:11Q•l'ilV; spatot. civic .7110:1Cult,■;i'Al anChOrs,
And rr;cdil rserblishioerrLr
COMPACT
New development is designed to !make
neighborhoods 4fiCiCln, walkable 411d affordable.
CONNECTED
P;;;s1dQnv can use transit., walk and bike safely tar
daily destinations. COMMU tle$ have links between
natural rind urban areas, allowing residents access to
waterfronts, parks and rrails.
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BENEFITS
fly becoming a member of the Cascade Agenda Odes Program, you are demonstrating initiative, taking action
and gaining accost to the following 5(9' VICeS:
Recognition as a regional leader in croadng smart. communities
iliachnical n Si stance on growth options
Access to best practices through a region 'wide learning network of peers
Workshops with other innovative cities ,Ind regional experts
Community outreach r,irr hcrw to create is better future for die region
Membership in the Cascade Agenda Coalition—directed at influencing state level policy
CITY RESPONSIBILETIES
"ro facilitate a productive partnership the Cascade Agenda Cities program requests the following of participating cities,
110171)C1' CRICS
PASS a resolution aligning city policies with the principles of the Cascade Agenda Coin'; program
Design:ice in primary seal colitact
II. Leadership Cities
Apply to the Cascade Agenda Cities Leadership ogr arn
Pass a resolution aligning I
c.ty po..c.es wish me principles of the (encode Agenda Cities program
Dosignaro 5r.5fr contact arid Cre:It.0 A incorrionar ;frontal loam
Aviir n. in an ev.iloation of city policies La Adv:Ii1(.0 C.Orl1pA grOWLII
1 policy review to demily opporumitR,0 and develop so acegies for improvement
Minion writ iMprOVerflell;,
Par ticipote iii a learning network with cities across the region
Agree to an annual membership lee
TO:
FROM:
CC:
DATE:
SUBJECT:
Attachments: Consultant Agreement, Scope of Work
MEMORANDUM
Mayor Haggerton
Community Affairs and Parks Committee
Bruce Fletcher, Director, Parks and Recreation
Rhonda Berry, City Administrator
October 22, 2008
Tukwila Pond Park Design Robert Droll Contract
Parks and Recreation Department
Bruce Fletcher, Director
The Parks and Recreation Department has been working with Robert W. Droll Landscape
Architect with the project titled Tukwila Pond Park Development Desian since May of 2007.
The original contract expired in August of 2008 before a contract extension was issued
therefore a new contract has been drafted that includes the balance of $34.100.54 from the
original contract.
It is the request of the Parks and Recreation Department to authorize the Mayor to execute a
contract with Robert W. Droll, Landscape Architect, P.S. in the amount of $34.100.54
CONSULTANTAGREE~ffiNTFOR
DESIGN SERVICES
THIS AGREEl\1ENT is entered into between the City of Tukwila, Volashington, herein-after
referred to as "the City", and ROBERT W. DROLL, LAJ\1DSCAPE ARCHITECT, P.S.,
hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perfOlm LANDSCAPE
ARCHITECTURAL services in connection with the project titled TUK\VILA P01\1D
PARK DEVELOPMENT DESIGN.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Attachment "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement within 365
calendar days from the date written notice is given to proceed, unless an extension of such
time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Attachment "B" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $34,100.54 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
(3) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for \vhich they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with the Consultant's endeavors, without further pennission from, or compensation to the
City. The Consultant shall not be responsible for any use of the said documents, drawings,
specifications or other materials by the City on any project other than the project specified
in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply \vith all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indenmify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised
Code ofVlashington, the Industrial Insurance Act, for injuries to its employees, and agrees
that the obligation to indenmify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant. 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 Consultant, its officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
occurrence! aggregate for property damage, and professional liability insurance in the
amount of$I,OOO,OOO.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 2 of5
days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant \varrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of
this wan'ant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the \vork performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-'Vaiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a \vaiver of any other
proVIsIOn.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant. In the case of early termination, the Consultant
shall be entitled to compensation for all work performed up to the termination
effective date, and the City shall promptly process payment within its next normal
accounts payable processing cycle.
Tukwila Pond Park Development Design
Robel1 W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 3 of 5
B. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Consultant and the City, if the City so
chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled
to recover its costs, including reasonable attorney's fees, incurred in such suit from the
losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Robert '].f. Droll
4405 ih Ave. SE, Suite 203
Lacey, W A 98503
17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
Attachments:
A. Proposal for Landscape Architectural Services dated March 16, 2007
B. Project Scope ofWorklFee Schedule dated March 16,2007
Tukwila Pond Park Development Design
Robert IV. Droll, Landscape Architect, P.S.
Landscape Architecture Services
Page 4 of5
DATED this
day of
CITY OF TUKWILA
,20_
Jim Haggelion, Mayor
Attest! Authenticated:
Christy O'Flaherty, City Clerk
Tukwila Pond Park Development Design
Robert W. Droll, Landscape Architect, P.S.
Landscape Architecture Services
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attomey
Page 5 of 5
Attachment A
Tukwila Pond Trail - Tukwila Parks & Recreation
4/24/2007
Scope of Services
Scope of Work
This assignment includes the Schematic and Final Design services work to be performed by Robert W.
Droll, Landscape Architect, PS and Project Team (hereinafter collectively, RWD) for the City of
Tukwila, Washington on Tukwila Pond Trail I Boardwalk. RWD will serve as consultant to Tukwila in
the capacity of Park Planner/Landscape Architect and will prepare Bid Documents. The goal ofthe
project is to implement a new Loop Trail and Boardwalk around Tukwila Pond.
Basis of Proposal
This Scope of Services and Fee Proposal are based upon discussions and information provided by the
Tukwila Parks and Recreation Department, site visits and documentation review.
Scope of Services
RWD proposes the following Scope of Services to accomplish the work necessary for the preparation of
Tukwila Pond Trail I Boardwalk (hereinafter the "Trail").
Phase 1
I Task 1 Schematic Design-35% Submittal
Task 1.01 Site Visit
RWD will visit site with Client, wetland biologists and survey crew.
Task 1.02 Wetland Delineation
Conduct wetland delineation, category rating and report in compliance with City ofTukwila Critical
Areas Ordinance.
Task 1.03 Boundary and Design Survey
Conduct topographical fieldwork necessary to generate mapping of one foot contours, spot elevations,
trees, six inches and larger, and other planimetric features. Survey wiII include bathymetric survey of
pond from shoreline to fifty feet into pond. Show Boundary Survey as provided by Tukwila. Prepare
mapping in ACAD format.
Task 1.04 Concept Plan & Cost Estimate
R WD will prepare Concept Plan illustrating type, size and location of main loop trail and boardwalk
and spur connections. RWD will provide Estimate of Probable Cost based upon measured quantities.
Task 1.05 PreSubmission Conference wi Tukwila
RWD will prepare PreSubmission Conference application and attend PreSub Conference.
Robert W. Droll, Landscape Architect, PS, 44057111 Avenue, Lacey, \VA, SE, 98503, 360.456.3813, bob@rwdroll.com
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
I Task 2
Permit & Processing
Tasks 2.01 Layout and Grading Plan
Layout and Grading Plan will be prepared by RWD defining horizontal and vertical relationships of
proposed Trail and Site improvements. Horizontal definition of proposed improvements will be
achieved by dimensioning from coordinates derived from Design Survey. Grading will be defined by
contours and spot elevations that will be relative to vertical datum.
Task 2.02 Boardwalk Plan & Details
Boardwalk Plan wiIl define the horizontal and vertical alignment of Boardwalk, which anticipated to
be located over the water in locations where there is insufficient public property to locate the trail in
an upland area. RWD wiIl provide all details and calculations to comply local codes, ADA
regulations and International Building Code.
Task 2.03 SEP A & JARP A Permitting, Biological Assessment
RWD will prepare SEPA and Site Plan Approval and JARPA applications and respond to inquiries
and follow up on permits. RWD will prepare Biological Assessment.
Task 2.04 lllustrative Plan
Prepare one each color illustrative site plan, floor plan and two elevations for Client's use in public
meetings. Color will be applied to In-Process drawings (3 sheets maximum): no separate
drawings/sketches wiIl be prepared specifically for Illustrative drawings.
Task 2.05 Public Presentation of Tukwila Pond Trail
R WD will prepare for and attend a public presentation of project.
I Task 3 Project Management
Task 3.01 Project Management
Manage the contractual elements, scheduling, billing and timing of project. Manage the coordination
of consultants and the execution of the Project Schedule. Communicate and coordinate with Client.
Phase 2
Task -i Design Dcvelopmcnt-60'Yi) Submittal
Task 4.01 Title Sheet
Prepare ritle Sheet with Location/Vicinity Map, General Notes. Legend, Abbreviations, list of City
Council Members and Parks Department Staff.
Task 4.m Demolition Hnd Temporary Erosion & Sedimentation Control Plan
R\vl) will prepare plan indicating the c:-.:isting. site fealures that shall be demolished, abandoned,
salvaged and retained as well ,b 1he location of erosion control measures.
Tasks -LOJ Layout and Grading Plan
Layout and Grading Plan will be prepared by R WI) defining horizontal and vertical relationships of
proposed Trail and Site improvements. Horizontal definition ofproposccl improvements "vill he
achieved by dimensioning f"rom coordinates derived from Design Survey. Grading. will be defined by
contours and spOI. elev(]tions [hat will be relative 1.0 vertical datulTl.
Robert W. Droll, Landscape Architect, PS, 4405 7'" Avenue, Lacey, W A, SE, 98503,360.456.3813, bob@nvdroll.com
2
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
Task 4.0-l Boardwalk Plan & Details
Boardwalk Plan \-vill define the horiwntal and veltical alignment of Boardwalk, v,:hich anticipated to
be located over the water in locations where there is insufficient public property to locate the 1.r8il in
an upland area. R WD will provide all details and calculations 10 comply local codes, ADA
regulations and International Building Coele.
Tasl( 4.05 Site Details
Prepare details for project site improvements.
Tasks 4.06 Estimate of Probable Costs
R Wf) wi II provide Estimate of Probable Cost baseclupon measured qU8i1tities. R \YO will organize
Est imatc by Trai I Segment to al low Client to render Phasing decisions i r necessary. Estim8\c wi II
include all Project Development Costs including consultant costs, construclion administration,
l1lobi I ization. bonds, conlingehcies, taxes. projected constl'llction ):ear cost escalation (if necessary).
taws and all iclentiliecl costs associated with this project's development.. -
Tasl( 4.07 Rcview with Staff
Review Plans \\.-ith StafT.
Task 5
Filial Design - 90% Submittal
Tasks 5.01-5.06 a1'e the same Tasks as 4,01-4.06 except Work will be at a 90% completion level.
Task 5.07 Specifications
Prepare Technical Speci fications, Sec1ions 1-16, in Construction Speci rication Institu1e (CS I) format.
Task 5.08 Review with Staff
Review Plans with Staft'.
Task 5.09 Building Permit Application & PJ"ocessj!l~
R WO wi II submit and pmcess Building Permi1 applications.
Task 5.10 Quality Hcview
RWD will retain a Construction Manager tn review a set of bid documents.
Task 6
Contract Docnments - IOO% Submittal
Tasks 6.01-6.07 nn~ the same Tasks as 5.01-5.07 except \Vodt "viii he lilt a 100'1., complction level
and ready for Advertising and Bidding.
Tasl{ 6.08 Assemble & Deliver Contmct Documents
R WD will assemble Technical Specifications and Plans in .pM rnnllat and I<in\ard 10 Clien!.
Robert W. Droll, Landscape Architect, PS, 4405 7ih Avenue, Lacey, W A, SE, 98503, 360.456.3813, bob@rwdroll.com
3
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
I Task 7
Project Management
Tasl,5.iH Project Management
Manage the conlradual clemcnts. scheduling. billing and riming of pro.i ec I. Manage thc coordination
ofconsultunts and the execution of the Project Schedule. Communicate and coordinate with Client.
Task 8
Bidding Negotiations, Award
Task 10.01 Pre-Bid Conference
RWD ,,-ill allend Pre-Bid ConfCrencc and prepare Addenda, irncccssar~:..
Task 9
Construction Adminislnltioll
The following Ta~ks will be Ilcgolimed al the lime of Bidding, if requested by Client.
Task 9.0 I
Task 9.02
Task 9.03
PI"C-Co!lstmction Conft'n~nce
Submittal Review
COllstnIctioll Observation
Additional Services, Excluded Services
Specific items that are not within the scope of work/services include, but are not limited to, the following:
:> Traffic studies
:> Stormwater Drainage studies/design
:> Demand analysis/economic modeling
:> Legal Descriptions of easements, Rights-of- Ways, etc.
:> Hydrology/Water Quality Studies, Environmental Studies
:> Geotechnical Investigation, Recommendations, and Material Testing.
:=> Construction Staking
:> Mitigation Design
:> Permit Fees
:> Wildlife and Archaeological investigations
:> Web-site preparation and hosting, visual impact analysis, photo-simul~tions, perspective character
sketches
:> Tree valuation, noise studies, air quality studies
:> Boundary Survey
:> Public Presentations, Neighborhood meetings, Hearing Examiner meetings, etc. other than in those
identified in scope.
Professional Fee
Professional Fees to accomplish the Scope of Services as shown in Attachment B. RWD wiII perform the
Scope of Services on a Time & Materials, Not-to-Exceed Basis. Direct Expenses are reimbursable.
Client's Responsibilities
Client shall provide the following information or services as required for performance ofthe work. RWD
assumes no responsibility for the accuracy of such information or services and shall not be liable for
errors and omissions therein. Should RWD be required to provide services in obtaining or coordinating
compilation of this information, such services shall be charged as Additional Services.
Robert W. Droll, Landscape Architect, PS, 4405 71Jo Avenue, Lacey. \VA, SE, 98503, 360.456.3813, bob@rwdroll.com
4
Attachment A
Tukwila Pond Trail- Tukwila Parks & Recreation
4/24/2007
:> Provide Title Report
:> Provide space for Public Meeting
:> Provide Division 00 and City Bidding information
:> Advertise for Bid, Award, Bid Tabulation, etc.
:> Existing as-built site engineering and utility base information.
:> Provide aerial photos.
Robert W. Droll. Landscape Architect, PS, 4405 71h Avenue, Lacey. W A, SE, 98503. 360.456.3813. bob@rwdroll.com
5
3 -16 -07
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks
Phase 1
Tasks Subtotal
Direct Expenses (plots, phone, reproduction,
mail, travel)
Subconsullant Administration
1 Professional Services Fee Total
Robert W. Droll, Landscape Architect, PS
Total
1,500.00
5,600.00
90,820.001
RWD
Attachment B
Bob Droll /Project
Manager Land. Tech III Clerical
;hours; total 'hours total ;hours; total
1.001Schematic Design 35% Submittal I I 1
1.011Site Visit 1,600.00 1 8 920.00 81 680.00
1.021Wetland Delineation 6,800.00 4 460.00 41 340.00
1.03 1 Boundary and Design Survey 30,260.00 8 920.00 4 340.00
1.041Concept Plan Cost Estimate I 9,740.00 1 16 1,840.00 40 3,400.00
1.05 PreSubmission Conference w/ Tukwila 970.00 4 460.00 6 510.00
'Task Total I 49,370.00 1 1
2.00lPermit Submittal Processing 55% 1
2.011Lavout/Grading Plans 1 2,270.00 21 230.00 24 2.040.00
2.021Boardwalk Plan and Details 1 5,090.00 21 230.00 16 1,360.00
SEPA and JARPA Permitting /Processing,
2.03 Biological Assessment 21,680.00 40 4,600.00 48 4,080.00
2.041111ustrative Plan I 920.00 1 81 920.00
2.05 Public Presentation of Tukwila Pond Trail 920.00 8 920.00
I I ask Iotai I$ 30,880.00 1 1
3.00 Meetings Project Coordination
Project Management via phone, fax, email,
3.01 etc 3,470.00 24 2,760.00 2 170.00 12 540.00
i ask total 1 3,470.00 1
83,720.00 11,500.00
Wetiana
Delineation
The Coot
Company
total
1 6,000.00
29,000.00 3,000.00 5,000.00
360.456.3813
3 -16-C
Tukwila Pond Interpretive Trail
City of Tukwila, WA
Project Scope of Work Fee
Tasks Total
Phase 2
1 4.001 Deslan Development 160% Submittal
I 4.01ITItle Sheet
1 4.021 Demolition &TESC Plan
1 4.031Layout/Grading Plans
I 4.041 Boardwalk Plan and Details 5
1 4.05ISite Details
I 4.061 Estimate of Probable Costs
1 4.071 Review with Staff
I Task Total
1
1 5.001FInal Design 90% Submittal
1 5.01 ITitle Sheet
1 5.021 Demolition TESC Plan
5.031Layout/Grading Plan
5.041 Boardwalk Plan and Details
5.051Site Details 5
I 5.061 Estimate of Probable Costs
1 5.071Specifications Division 1 -16 5
1 5.081 Review with Staff
1 5.091 Building Permit Application /Processing
1 5.101Quality Review 5
I Task Total
1
6.001 Bid Documents 100% Submittal
6.01 ITitle Sheet
6.021 Demolition TESC Plan
6.031Layout/Gradinq Plan
6.041Boardwalk Plan and Details
6.051S ite Details 5
6.061 Estimate of Probable Costs
6.O71Soecifications Division 1 -16 5
6.08IAssemble Deliver Contract Documents
'Task Total 1
7,001 Meetings l Project Coordination
7.011 Project Management via phone, fax, email, etc 1
ITask Total I
8.001Bidding, Negotiations 1
ITask Total 1
i I
9.00IConstructton Services
9.011Pre- Construction Conference 1
9.021Construdion Observation 1
9,031 Punchllst and Final Walk -Thru I
{Task Total I
Tasks Subtotal
Direct Expenses (plots, phone, reproduction, mall, travel)
Subconsultant Administration
1 Professlonal Services Fee Total 5
Robert W. Droll, Landscape Architect, PS
Attachment B
Phase 2
Not in this Scope
of Work
360.456.3813
City of Tukwila
6200 Southcenter Boulevard. Tukwila, Washington 98188
Jim Haggerton, Mayor
MEMORA1~DUIVI
TO: Mayor Haggerton
Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: October 22, 2008
SUBJECT: Open Space Acquisition
The Parks and Recreation Department has been contacted by a representative of the Boys
and Girls Club of Thurston County to acquire available open space land in Tuhvila. The
1.74 acre site is located at 5800 S 152nd Street and adjoins the Tukwila Elementary
School property.
~When first approached to purchase this land, the asking plice was $799,000 and is zoned
at medium density residential. The property is surrounded by many apartment complexes
and homes and this green space would be ideal to preserve as open space instead of the
proposed apartment unit site.
The open space need is justified by the current Parks and Open Space Plan which has
identified a deficit of open space of 12.68 acres by the year 2022. With the property
location next to a local elementary school and near our #7 foot trail, it certainly fits the
need to move fonvard with the open space proposal.
After negotiations with the Boys and Girls Club real estate representative, a purchase
price of $150,000 was agreed upon. The funding will come from the current 2008
Capital Improvement Program for parks and trails.
It is the recommendation of the Director of Parks and Recreation to approve the purchase
and sale agreement of$150,000 for the 1.74 acres located at 5800 South 152nd Street.
Cc. Rhonda Berry, City Administrator
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwila.wa.us
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ Copyright 1999 - 2085 rrr-. j /
Commercial Brokers Association ~.
All Righis Reserved
GVA Kidder Mathews
\.Vorldwide Redl Estate Solutions
,/ ))lf~/!bi ID\ l~.j
,; 'oj, 11 ,",iff
L'::'"~-"'--- 1,/ ~-! <~ ~........
CBA Form PS_1A
Purchase & Sale Agreement
Rev_ 7107
Page 1 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TS/cr/legaI/5800 Sout,~ 152"" Sf PS _ 1 A 1008
Reference Date: October 7, 2008
City of Tukwila ("Buyer") agrees to buy and Boys and Girls Clubs of Thurston County ("Seller") agrees to sell, on the
following terms, the commercial real estate and all improvements thereon (collectively, the "Property") commonly
known as 5800 South 15200 Street in the City of Tukwila, Kinq County, Washington, legally described on attached
Exhibit A. The Reference Date above is intended to be used to reference this Agreement, and is not the date of
"Mutual Acceptance." Mutual Acceptance is defined in Section 23 below.
1. PURCHASE PRICE. The total purchase price is One Hundred Fifty Thousand and No/1 00 Dollars ($150,000.00)
payable as follows (check only one):
[:8;] All cash at closing with no financing contingency.
o All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA
Form PSJIN).
o $_/_% of the purchase price in cash at closing with the balance of the purchase price paid as
follows (check one or both, as applicable): 0 Buyer's assumption of the outstanding principal balance as of
the Closing Date of a first lien note and deed of trust (or mortgage), or real estate contract, in accordance with the
Financing Addendum (attach CBA Form PS_FIN); 0 Buyer's delivery at closing of a promissory note for the
balance of the purchase price, secured by a deed of trust encumbering the Property, in accordance with the
Financing Addendum (attach CBA Form PS_FIN ).
o Other:_.
2. EARNEST MONEY. The earnest money in the amount of $5,000.00 shall be in the form of 0 Cash [8J
Personal check 0 Promissory note (attached CBA Form EMN) 0 Other:
The earnest money shall be held by 0 Selling Licensee [:8;] Closing Agent.
Buyer shall deliver the earnest money no later than:
o _ days after Mutual Acceptance.
[:8;] On the last day of the Feasibility Period defined in Section 5 below.
o Other:_.
Selling Licensee may, however, transfer the earnest money to Closing Agent.
If the earnest money is to be held by Selling Licensee and is over $10,000, it shall be deposited to: 0 Selling
Licensee's pooled trust account (with interest paid to the State Treasurer) 0 A separate interest bearing trust
account in Selling Licensee's name. The interest, if any, shall be credited at closing to Buyer. If this sale fails to
close, whoever is entitled to the earnest money is entitled to interest.
Selling Licensee shall deposit any check to be held by Selling Licensee within 3 days after receipt or Mutual
Acceptance, whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer. Unless
otherwise provided in this Agreement, the earnest money shall be applicable to the purchase price.
3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement
['gJ Exhibit A - Legal Description
o Earnest Money Promissory Note, CBA Form EMN
INITIALS:
Buyer
Date
Seller
Date
Buyer _____
Date
Seller
Date
\Vur!dwidc- K.t-01! ;:5ltl~e S.oiu~io11s,
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@Copyright 1999.2005 rTr>'/
Commercial Brokers Association lJ::S!{
AI! Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev 7/07
Page 2 ot 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TSlcr/legal/5800 South 152"" St PS_1A 1008
o Promissory Note, LPB Form No. 28A!CBA Form N1-A
o Short Form Deed of Trust, LPB Form No. 20
o Deed of Trust Rider, CBA Form DTR
o Utility Charges Addendum, CBA Form UA
o FIRPT A Certification, CBA Form 22E
o Assignment and Assumption, CBA Form PS-AS
[SJ Addendum/Amendment, CBA Form PSA
o Back-Up Addendum, CBA Form BU-A
o Vacant Land Addendum, CBA Form VLA
o Financing Addendum, CBA Form PS_FIN
o Tenant Estoppel Certificate, CBA Form PS_TEC
o Defeasance Addendum, CBA Form PS_D
o Other
4. SELLER'S UNDERLYING FINANCING. Unless Buyer is assuming Seller's underlying financing, Seller shall be
responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant
which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice
prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for
the underlying financing (known as "defeasance"). If Seller provides this notice of defeasance to Buyer, then the
parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different
process identified in Seller's defeasance notice to Buyer.
5. FEASIBILITY CONTINGENCY. Buyer's obligations under this Agreement are conditioned upon Buyer's
satisfaction in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the
presence of or absence of any hazardous substances; the contracts and leases affecting the property; the
potential financial performance of the Property; the availability of government permits and approvals; and the
feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a
refund of the earnest money unless Buyer gives written notice to Seller within thirty (30) days (30 days if not filled
in) of Mutual Acceptance stating that this condition is satisfied. If such notice is timely given, the feasibility
contingency stated in this Section 5 shall be deemed to be satisfied. As used in this Agreement, the term
"Feasibility Period" shall mean the period beginning upon Mutual Acceptance and ending upon the satisfaction or
waiver of the feasibility contingency.
a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents
within _ days (2 days if not filled in) after Mutual Acceptance all documents in Seller's possession or control
relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other
statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three
years and year to date; property management agreements and any other agreements with professionals or
consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-
suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications,
drawings, surveys, and studies; and maintenance records, accounting records and audit reports for the last three
years and year to date; and "Vendor Contracts" which shall include maintenance or service contracts, and
installments purchase contracts or leases of personal property or fixtures used in connection with the Property.
Buyer shall determine within the Feasibility Period: (i) whether Seller will agree to terminate any objectionable
Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the
termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shall be deemed
Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be
solely responsible for obtaining any required consents to such assumption and the payment of any assumption
INITIALS: Buyer ___~~ Date_~___________~Seller~~_~__ ___ _ Date ____
Buyer _
Date
Seller
_ Date
Vlorld....,jdc Re.1l E!.lAI<.. $o~ulion,>
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, W A
Phone: (253) 383-5693
Fax: (253) 572-2648
@Copyrighi 1999 - 2005 rrr-., /
Commercial Brokers Association ~
All Rights Reser/ed
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev. 7/07
Page 3 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TS/cr/legal/5800 South 152'"' Sf PS_IA 1008
fees. Seller shall cooperate with Buyer's efforts to receive any such consents but shall not be required to incur
any out-of-pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in
Section 17 of this Agreement. Any leases, contract or agreements that run with title to the Property are
addressed in Section 6(b) below.
b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at
reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the
Property and improvements, including without limitation, the structural condition of improvements, hazardous
materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of
the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance
and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and
disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections
beyond a phase I assessment or contact the tenants or property management personnel without obtaining the
Seller's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and
improvements to the same condition they were in prior to inspection. Buyer shall be solely responsible for all
costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory
liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including
attorneys' and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its
agents. This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the
Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility
contingency only for the purpose of leasing or to satisfy conditions of financing.
c. Buyer waives the right to receive a seller disclosure statement ("Form 17") if required by Chapter 64.06 RCW.
However, if Seller would otherwise be required to provide Buyer with a Form 17, and if the answer to any of the
questions in the section of the Form 17 entitled "Environmental" would be "yes," then buyer does not waive the
receipt of the "Environmental" section of the Form 17 which shall be provided by Seller.
6. TITLE INSURANCE.
a. Title Report. Seller authorizes Buyer, its Lender, Listing Agent, Selling Licensee and Closing Agent, at
Seller's expense, to apply for and deliver to Buyer a [gJ standard 0 extended (standard, if not completed)
coverage owner's policy of title insurance. If an extended coverage owner's policy is specified, Buyer shall pay the
increased costs associated with that policy including the excess premium over that charged for a standard
coverage policy, and the cost of any survey required by the title insurer. The title report shall be issued by
Chicaqo Title (Seller's choice, if not completed).
b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any
supplemental report within the earlier of: (1) twenty (20) days after mutual acceptance of this Agreement; or (2)
the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the
earnest money, less any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of
such objections (1) Seller agrees to remove all objectionable provisions or (2) Buyer notifies Seller that Buyer
waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a
supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new
title matters except that Buyer's notice of objections must be delivered within five (5) days of delivery of the
supplemental report and Seller's response or Buyer's waiver must be delivered within two (2) days of Buyer's
notice of objections. The closing date shall be extended to the extent necessary to permit time for these notices.
Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property
taxes, and the same shall not be deemed to be Permitted Exceptions; provided that the lien securing any
financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those
provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the
INITIALS: Buyer_n
Date
Seller
Date
Buyer _
Date
Seller____ .____~______ Date
WOfldwide: RCcl! Eslale S~'utions
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ Copyrighl1 999 - 2005 /'<'no 1/
Commercial Brokers Association ~
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev. 7/07
Page 4 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TSlcrAegal/5800 South 152'" St PS_l A 1008
"Permitted Exceptions." Seller shall cooperate with Buyer and the title company to clear objectionable title
matters but shall not be required to incur any out-of-pocket expenses or liability other than payment of monetary
encumbrances not assumed by Buyer and proration of real property taxes, and Seifer shall provide an owner's
affidavit containing the information and reasonable covenants requested by the title company. The title policy shall
contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the
Permitted Exceptions.
7. CLOSING OF SALE. This sale shall be closed 00 within sixty (60) days of mutual acceptance, _ ("closing") by
Chicaqo Title and Escrow ("Closing Agent") (Seller shall select the Closing Agent, if not completed). Buyer and
Seller shall deposit with Closing Agent by Noon on the scheduled closing date all instruments and monies
required to complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have
occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the
performance of this Agreement. Sale proceeds shall be considered available to Seller notwithstanding they may
not be disbursed to Seller until the first business day following closing. Notwithstanding the foregoing, if Seller
informed Buyer during the Feasibility Period that Seller's underlying financing requires that it be defeased and
may not be paid off, then closing shall be conducted in accordance with the three-day closing process described
in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and
Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent
with this Agreement.
8. CLOSING COSTS AND PRORATIONS. Seller shall deliver an updated rent roll to Closing Agent not later than
two (2) days before the scheduled closing date in the form required by Section 5(a) and any other information
reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for closing.
Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay
the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to
any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection
with the same. Seller and Buyer shall each pay one-half of the escrow fees. Real estate excise taxes shall be
paid by the party who bears primary responsibility for payment under the applicable statute or code, which is
typically Seller. Real and personal property taxes and assessments payable in the year of closing; collected rents
on any existing tenancies; interest; utilities; and other operating expenses shall be pro-rated as of closing. If
tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by
Seller. Buyer shall pay to Seller at closing an additional sum equal to any utility deposits or mortgage reserves for
assumed financing for which Buyer receives the benefit after closing. Buyer shall pay all costs of financing
including the premium for the lender's title policy. The real estate commission is due on closing or upon Seller's
default under this Agreement, whichever occurs first, and neither the amount nor due date thereof can be
changed without Listing Agent's written consent. If the Property was taxed under a deferred classification prior to
closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from
removal of the Property from the deferred classification. At closing, all refundable deposits on tenancies shall be
credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall
pay all sales or use tax applicable to the transfer of personal property included in the sale.
a. Unpaid Utility Charges. Buyer and Seller [8J WAIVE 0 DO NOT WAIVE the right to have the Closing
Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW
60.80. If "do not waive" is checked, then attach CBA Form UA ("Utility Charges" Addendum). If neither box is
checked, then the "do not waive" option applies.
9. POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After closing, Buyer and Seller shall
reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items
were prorated or credited at closing based upon estimates. Any bills or invoices received by Buyer after closing
which relate to services rendered or goods delivered to the Seller or the Property prior to closing shall be paid by
INITIALS: Buyer m._..___.~._~ Date.___
Seller__
Date
Buyer.
Date
Seller_____ _____ Date
\VpJldwidt" Re>tl Esl6tc" Solutions
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ CO;Jyright1999 - 2005 .t'"'<"n. 1 /
Commercial Brokers Association ~
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev. 7/07
Page 5 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TS!cr/lega!lS800 South 152" Sf PS_1A 1008
Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be
reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date
of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notvvithstanding the
foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual
amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting
from the reconciliation. Rents collected from each tenant after closing shall be applied first to rentals due most
recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for
delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned
over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of
delinquent rents but shall have no right to evict tenants after closing.
10. OPERATIONS PRIOR TO CLOSING. Prior to closing, Seller shall continue to operate the Property in the
ordinary course of its business and maintain the Property in the same or better condition than as existing on the
date of Mutual Acceptance, but shall not be required to repair material damage from casualty except as otherwise
provided in this Agreement. After the Feasibility Period, Sellm shall not enter into or modify existing rental
agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental
agreements or residential leases in the ordinary course of its business), service contracts, or other agreements
affecting the Property which have terms extending beyond closing without first obtaining Buyer's consent, which
shall not be unreasonably withheld.
11. POSSESSION. Buyer shall be entitled to possession [gJ on closing D _ (on closing, if not completed).
Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period.
12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of
the feasibility contingency stated in Section 5 above, including in the books, records and documents made
available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller
represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date
hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations
under the Agreement; (b) The books, records, leases, agreements and other items delivered to Buyer pursuant to
this Agreement comprise all material documents in Seller's possession or control regarding the operation and
condition of the Property; (c) Seller has not received any written notices that the Property or the business
conducted thereon violate any applicable laws, regulations, codes and ordinances; (d) Seller has all certificates of
occupancy, permits, and other governmental consents necessary to own and operate the Property for its current
use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's
ownership thereof after closing; (f) There is no pending or threatened condemnation or similar proceedings
affecting (he Property, and the Property is not within the boundaries of any planned or authorized local
improvement district; (g) Seller has paid (except to the extent prorated at closing) all local, state and federal taxes
(other than real and personal property taxes and assessments described in Section 8 above) attributable to the
period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or
for which Buyer may be held liable after closing; (h) Seller is not aware of any concealed material defects in the
Property except as disclosed to Buyer in writing during the Feasibility Period; (i) There are no Hazardous
Substances (as defined below) currently located in, on, or under the Property in a manner or quantity that
presently violates any Environmental Law (as defined below); there are no underground storage tanks located on
the Property; and there is no pending or threatened investigation or remedial action by any governmental agency
regarding the release of Hazardous Substances or the violation of Environmental Law at the Property. As used
herein, the term "Hazardous Substances" shall mean any substance or material now or hereafter defined or
regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any
federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected
INITIALS: Buyer.
Date
Seller Date
Buyer
Date
Seller
Date
'I'/oliuwldc Rea~ [<;{,.lIC SQiuhvns
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ Copyrighl1999 . 2005 rn-... /
Commercial Brokers Association lJ:)\I
All Rights Reserved
GVA Kidder Mathews
CBAForm PS_1A
Purchase & Sale Agreement
Rev, 7/07
Page 6 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TSlcfJ1ega[/5800 South 152"" St PS_1A 1008
harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances" specifically
includes, but is not limited to, petroleum, petroleum by-products, and asbestos.
If prior to closing Seller or Buyer discovers any information which would cause any of the representations above
to be false if the same were deemed made as of the date of such discovery, then the party discovering the same
shall promptly notify the other party in writing. If the newly-discovered information will result in costs or liability to
Buyer in excess of the lesser of $100,000 or five percent (5%) of the purchase price, or will materially adversely
affect Buyer's intended use of the Property, then Buyer shall have the right to terminate the Agreement and
receive a refund of its earnest money provided Buyer elects to do so within five (5) days of discovering or
receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its
remedies against Seller if Seller had actual knowledge of the newly-discovered information such that a
representation provided for above was false.
13. AS-IS. Except for those representations and warranties specifically included in this Agreement: (i) Seller makes
no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer hereby waives,
any and all representations or warranties of any kind, express or implied, concerning the Property or any portion
thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of
hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way
to the Property, including the warranties of fitness of a particular purpose, tenantability, habitability and use; (iii)
Buyer otherwise takes the Property "AS IS;" and (iv) Buyer represents and warrants to Seller that Buyer has
sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections
and investigations.
14. PERSONAL PROPERTY.
a. This sale includes all right, title and interest of Seller to the following tangible personal property: C8J None
o That portion of the personal property located on and used in connection with the Property, which Seller will
itemize in an Addendum to be attached to this Agreement within ten (10) days of Mutual Acceptance (None, if not
completed). The value assigned to the personal property shall be $ _ (if not completed, the County-assessed
value if available, and if not available, the fair market value determined by an appraiser selected by the Listing
Agent and Selling Licensee). Seller warrants title to, but not the condition of, the personal property and shall
convey it by bill of sale.
b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) above, this sale
includes all right, title and interest of Seller to the following intangible property now or hereafter existing with
respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests
in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or
adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other
architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and
approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers,
architects, consultants or other parties associated with the Property; all utility, security and other deposits and
reserve accounts made as security for the fulfillment of any of Seller's obligations; any name of or telephone
numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or
other assurances of performance received.
15. CONDEMNATION AND CASUAL TV. Seller bears all risk of loss until closing, and thereafter Buyer shall bear the
risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on
the Property are destroyed or materially damaged by casualty before closing, or if condemnation proceedings are
commenced against all or a portion of the Property before closing. Damage will be considered material if the cost
of repair exceeds the lesser of $100,000 or five percent (5%) of the purchase price stated in this Agreement.
Alternatively, Buyer may elect to proceed with closing in which case at closing Seller shall assign to Buyer all
INITIALS: Buyer
Dale
Seller
Date
Buyer
Date
Seller
Date
Worldwide Real E~lale Sclution5
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@Copyright 1999 . 20:15 rn-.. ,/
Commercial Brokers Association ~
All Rights Reser/ed
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev, 7/07
Page 7 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TS/cr/legal/5800 Soufh 152"'" Sf PS_IA 1008
claims and right to proceeds under any property insurance policy and shall credit to Buyer at closing the amount
of any deductible provided for in the policy.
16. FIRPT A - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or
NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign
Investment in Real Property Tax Act. Seller agrees to sign this certification. If Seller is a foreign person, and this
transaction is not otherwise exempt from FIRPT A, Closing Agent is instructed to withhold and pay the required
amount to the Internal Revenue Service.
17. CONVEY ANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions.
If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty
Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At closing, Seller and
Buyer shall execute and deliver to Closing Agent CBA Form No. PS-AS Assignment and Assumption Agreement
transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) and all intangible
property transferred pursuant to Section 14(b).
18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or
related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller
must be signed by at least one Buyer and must be delivered to Seller and Listing Agent with a courtesy copy to
any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to Seller shall be
deemed delivered only when received by Seller, Listing Agent, or the licensed office of Listing Agent. Notices to
Buyer must be signed by at least one Seller and must be delivered to Buyer with a copy to Selling Licensee with a
courtesy copy to any other party identified as a recipient of notices in Section 28 of this Agreement. A notice to
Buyer shall be deemed delivered only when received by Buyer, Selling Licensee, or the licensed office of Selling
Licensee. Selling Licensee and Listing Agent have no responsibility to advise of receipt of a notice beyond either
phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in
this Agreement. Buyer and Seller must keep Selling Licensee and Listing Agent advised of their whereabouts to
receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must
be delivered to and shall be effective when received by that party.
Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and
shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the
specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in
which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal
holiday. Any specified period of five (5) days or less shall not include Saturdays, Sundays or legal holidays.
Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates,
times or number of hours.
19. AGENCY DISCLOSURE. At the signing of this Agreement,
Selling Licensee _
represented _
and the Listing Agent Ted Sipila, CCIM and Evan Parker of GVA Kidder Mathews
repre~ente~ ~ ~ \ It/v . . . .
If Selling Licensee and Listing Agent are different salespersons affiliated With the same Broker, then Seller and
Buyer confirm their consent to Broker acting as a dual agent. If Selling Licensee and Listing Agent are the same
person representing both parties, then Seller and Buyer confirm their consent to that person and his/her Broker
acting as dual agents. If Selling Licensee, Listing Agent, or their Broker are dual agents, then Seller and Buyer
INITIALS: Buyer
Date
Seller
Date
Buyer
Date
Seller
Date
Vkddwide Rea! :s:U:lt.' Sf)juti-oil~
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ Copyright 1999 - 2005 rn-. , /
Commercial Brokers Association ~
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev. 7/07
Page 8 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TSlcr/legal/5800 South 152'" St PS_1A 1008
consent to Selling Licensee, Listing Agent and their Broker being compensated based on a percentage of the
purchase price or as otherwise disclosed on an attached addendum. Buyer and Seller confirm prior receipt of the
pamphlet entitled "The Law of Real Estate Agency."
20. ASSIGNMENT. Buyer [8] may 0 may not (may not, if not completed) assign this Agreement, or Buyer's
rights hereunder, without Seller's prior written consent, unless provided otherwise herein. If the "may not" option
is selected and the words "and/or assigns" or similar words are used to identify the Buyer, then this Agreement
may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under
common control with the Buyer identified in this Agreement. Any other assignment requires Seller's consent. The
party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement
notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase
price, then the party identified as the initial Buyer shall guarantee payment of the Seller financing.
21. DEFAULT AND ATTORNEY'S FEE.
a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property,
then (check one):
o Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and
exclusive remedy available to Seller for such failure; or
o Seller may, at its option, (a) terminate this Agreement and keep as liquidated damages the earnest money as
the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual
damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue
any other rights or remedies available at law or equity.
b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then
(check one):
o As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or
fees made by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or
(b) bring suit to specifically enforce this Agreement and recover incidental damages provided Buyer must file suit
within sixty (60) days of the scheduled date of closing or any earlier date Seller has informed Buyer in writing that
Seller will not proceed with closing; or
o Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically
enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or remedies available
at law or equity.
Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit
against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys' fees and
expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court. The venue of any suit
shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state
where the Property is located.
22. MISCELLANEOUS PROVISIONS.
a. Complete Agreement. The Agreement and any addenda and exhibits to it state the entire understanding of
Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify
or affect the Agreement.
b. Counterpart Signatures. The Agreement may be signed in counterpart, each signed counterpart shall be
deemed an original, and all counterparts together shall constitute one and the same agreement.
c. Electronic Delivery. Electronic delivery of documents (e.g., transmission by facsimile or email) including
signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an
INITIALS: Buyer__
Date
Seller _
Dale
Buyer.____._h_~__.
Date
Seller
Date
'NOIMwidc Rea.l E-sl..dc Sdulions
GVA Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@ CO;Jyright 1939 - 2005 .............. /
Commercial Brokers Associati::m lJ:5!{
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sa!e Agreement
Rev. 7/07
Page 9 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TSIcr,1ega1/5800 South 152" Sf PS_1A i008
original. At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers
or counteroffers with original documents.
d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a
Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like-kind
exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses
(including attorneys fees and costs) incurred by the cooperating party that are related only to the exchange are
paid or reimbursed to the cooperating party at or prior to closing. Notwithstanding Section 20 above, any party
completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any
entity set up for the purposes of completing a reverse exchange.
23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of October 13, 2008 (if not filled in, the third
business day following the last Buyer signature date below) to accept this offer, unless sooner withdrawn. If this
offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes
a future counteroffer, the other party shall have until 5:00 p.m. on the _ business day (if not filled in, the
second business day) following its receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer
is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the
Buyer. No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is received by the
Seller, the Listing Agent or the licensed office of the Listing Agent. No acceptance, offer or counteroffer from the
Seller is effective until a signed copy is received by the Buyer, the Selling Licensee or the licensed office of the
Selling Licensee. "Mutual Acceptance" shall occur when the last counteroffer is signed by the offeree, and the
fully-signed counteroffer has been received by the offeror, his or her licensee, or the licensed office of the
licensee. If any party is not represented by a licensee, then notices must be delivered to and shall be effective
when received by that party.
24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within
ten (10) days of Seller's written request copies of all materials received from Seller and any non-privileged plans,
studies, reports, inspections, appraisals, surveys, drawings, permits, application or other development work
product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated.
25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable
measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and
performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in
any manner detrimental to the other party.
INITIALS: Buyer
Dale
Seller
Date
Buyer __
Date
Seller__
Date
Y-lmidwidl" Rt'Jj E-.;{.llc So!u!ion5
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@Copyright 1999 - 20()S ./
CCffi'T1ercial Brokers Association CB'<r
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev. 7107
Page 10 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
TS/cr/legaIl5800 South 15Zd Sf PS_1A 1008
26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms
and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the
listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay a
commission of 2% of the sales price or $_, The commission shall be apportioned between Listing Agent and
Selling Licensee as specified in the listing or any co-brokerage agreement. If there is no listing or written co-
brokerage agreement, then Listing Agent shall pay to Selling Licensee a commission of _% of the sales price
or $_. Seller assigns to Listing Agent and Selling Licensee a portion of the sales proceeds equal to the
commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing
Agent or Selling Licensee for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid
one-half to Seller and one-half to Listing Agent and Selling Licensee according to the listing agreement and any
co-brokerage agreement. In any action by Listing Agent or Selling Licensee to enforce this Section, the prevailing
party is entitled to reasonable attorneys' fees and expenses. Neither Listing Agent nor Selling Licensee are
receiving compensation from more than one party to this transaction unless disclosed on an attached addendum,
in which case Buyer and Seller consent to such compensation, The Property described in attached Exhibit A, is
commercial real estate. Notwithstanding Section 25 above, the pages containing this Section, the parties'
signatures and an attachment describing the Property may be recorded.
27. LISTING AGENT AND SELLING LICENSEE DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN
WRITING TO BUYER OR SELLER, THE SELLING LICENSEE, LISTING AGENT, AND BROKERS HAVE NOT
MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION
CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL
STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS, OR OTHER
MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING,
BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING
ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD
OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS
TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO
SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT.
INITIALS: Buyer
Date
Seller
Date
Buyer
Date
Seller
Date
\\lClJldwidl' Re.ll Estale: Solutions
GV A Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383-5693
Fax: (253) 572-2648
@Copyright 1999 - 2005 rrnol/
Commercial Brokers Association ~
All Rights Reserved
GVA Kidder Mathews
CBA Form PS_1A
Purchase & Sale Agreement
Rev, 7/07
Page 11 of 13
COMMERCIAL & INVESTMENT REAL ESTATE
PURCHASE & SALE AGREEMENT
(CONTINUED)
T5lcr/legaV5800 Soufh 152"" 51 PS_1A 1008
28. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this
Agreement:
Buyer
Seller
Contact: Bruce Fletcher
Address:
Business Phone: 206.767.2343
Mobile Phone:
Fax:
Email:
Contact:
Address:
Business Phone:
Mobile Phone:
Fax:
Email:
Sellinq Licensee
Listinq Aqent
Name:
Address:
Business Phone:
Mobile Phone:
Email:
Fax:
MLS Office No.:
Name: Ted Sipila, CCIM and Evan Parker
Address: 1201 Pacific Avenue, Suite 1400
Business Phone: 253.722.1422 or 360.705.0174
Mobile Phone:
Email: tsipila@qvakm.com or eparker@qvakm
Fax: 253.722.1409
MLS Office No.:
Courtesy Copy of Notices to Buyer to:
Courtesy COpy of Notices to Seller to:
Name:
Address:
Business Phone:
Fax:
Mobile Phone:
Email:
Name:
Address:
Business Phone:
Fax:
Mobile Phone:
Email:
INITIALS:
Buyer _____,
Date
Seller__
Date
Buyer ______
Date
Seller~_______ Date
Buyer Citv of Tukwila
Buyer
Buyer
Printed name and type of entity
Signature and title
GVA Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383 -5693
Fax: (253) 572 -2648
COMMERCIAL INVESTMENT REAL ESTATE
PURCHASE SALE AGREEMENT
(CONTINUED)
TS /cr/legal /5800 South 152' St PS I 1008
IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound.
Buyer
Buyer
INITIALS: Buyer Date Seller
Date
Seller
O Copyright 1999 2005
Commercial Brokers Association
All Rights Reserved
CBA Form PS_1A
Purchase Sale Agreement
Rev. 7/07
Page 12 of 13
Printed name and type of entity
Signature and title
Date signed Date signed
Seller Boys and Girls Clubs of Thurston County Seller
Printed name and type of entity
Seller Seller
Signature and title Signature and title
Date signed Date signed
Printed name and type of entity
Date
Date
CGVA Kidder Mathews
Worldwide Real Estate Solutions
GVA Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383 -5693
Fax: (253) 572 -2648
COMMERCIAL INVESTMENT REAL ESTATE
PURCHASE SALE AGREEMENT
(CONTINUED)
TS /cr/lega1/5800 South 152' St PS IA W08
EXHIBIT A
[Legal Description]
INITIALS: Buyer Date Seller
Copyright 1999 2005
Commercial Brokers Association
All Rights Reserved
CBA Form PS_1A
Purchase Sale Agreement
Rev. 7/07
Page 13 of 13
Date
Buyer Date Seller Date
GVA Kidder Mathews
Worldwide Real Estate Solutions
GVA Kidder Mathews
1201 Pacific Avenue, Suite 1400
Tacoma, WA
Phone: (253) 383 -5693
Fax: (253) 572 -2648
ADDENDUM /AMENDMENT TO
PURCHASE AND SALE AGREEMENT
CBA Text Disclaimer: Text deleted by licensee indicated by strike.
New text inserted by licensee indicated by small capital letters.
TS/cr./legal/5800 South 152 St PSA 1008
The following is part of the Purchase and Sale Agreement dated October 7. 2008,
Between Boys and Girls Clubs of Thurston County "Seller")
And City of Tukwila "Buyer
regarding the sale of the Property known as: 5800 South 152 Street. Tukwila. WA
IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS:
1. This sale is subiect to City of Tukwila Council approval within thirty (30) days of mutual acceptance.
AGENT (COMPANY): By:
ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged.
INITIALS: Buyer
Buyer
Date
Date
Seller
Seller
Copyright 1999 2005
Commercial Brokers Association
All Rights Reserved
CBA Fomi PSA
NWMLS Form No. 34
Addendum /A.mendment to P S
Rev. 12/99
Page 1 of 1
Date
Date
=lvfETROSCAN PROPERTY PROFILE=
King (WA)
Parcel Number : 115720 0387 08
Building Id #
Parcel Type : Platted
Owner--Taxpayer : Boys/Girls Clubs Of Thurston Co
Co01l'ner
Site Address
Mail Address
Telephone
Recording Date
A uditors Fee -#
Sale Price
Deed Type
% Owned
Taxable Land
Taxable Structure
Taxable Total
Appraised Land
Appraised Srructure
Appraised Toral
Censlls
Map Grid
Neighhorhood Cd
Loning Code
Land Use
Legal
Sub/PIal
Recording NUI/l
Short Plat
Building Name
Volume
Jurisdiction
I OWNERSHIP INFORlVIATION
Q:NW
S: 23
T: 23N
R: 04E
: 5800 S 152nd St Tukwila
: 3003 Sunset Way SE Tumwater Wa 98501
: Owner :
SALES Ai\'}) LOAN INFORMATION
: 12/28/2007
: 1146
Loan Amollnt
. Lender
Loan Type
Interest Rate
Vesting Type
: Corporation
: $3,580.66
: 2326741
: 2380
Profile-Page 1 of 2
: Warranty
: 100
ASSESSMENT AND TAX: INFORi"IATION
: $304,000
Improved
2008 Taxes
Exempr Code
Excise Tax #
Le\:v Code
: $304,000
: $304,000
: $304,000
PROPERTY DESCRIPTION
: Tract: Block:
: 655 F3
: 070030
:NIDR
: 301 Vacant,Multi-family
: LOT 38 & BROOKV ALE GARDEN TRS LOT
: 4 LESS ST OF TIiKW~A SHORT PLAT N
: 83-17 SS RECORDING NO 8312210348
: Brookva1e Garden Trs
:8312210348
:831755
: Vacant Land
: 10 Page : 47
: TUK~A
Information compiled.froml'arious sources. Real Estate Solutions makes no representations
or warranties as to the accuracy or completeness of information contained in this report.
=JYlETROSCAN PROPERTY PROFILE=
King (W A)
Parcel #- : 115720 0387
Bldg Id=t :
PROPERTY CHARACTERISTICS
Bedrooms
Baril Full
Bath 314
Bath 1,2
Fireplace
Deck
Porch
Stories
Units
FJevator
Afobile Home: No
Nuisance
Easements
Design T.ipe :
I st Floor SF
2nd Floor SF
3 + Floor SqFt
Half Floor SF
AhoveGroundSF :
Finished SqFt
Fin Bsmnt SF
UnfinBsmnt SF
Bsm11lTotal SF
BSl11nt Park SF
Building SqFt
Deck SqFt
A ttachedGrgSF
L4ND INFORMATION
T/1EW LVFOR'11ATION
Lot Acres
Lot SqFt
Lor Shape
Tde/Uplnd
TopoProbs
TVtr Front
Sprinkler
TVtrFrntSF
GroundCvr
GolfAdj
: 1.74
: 76,002
: Restricted
: Yes
View
View Seattle Skyline
View Lake/River
View Lake Sammamish
View A10untain
view Puget Sound
View Aft Rainier
View OZvmpics
View Cascades
View Territorial
View Lake Washington
Vie1l! Other
: Average
: Average
: Yes
:No
I COMMERCIAL BUILDlNG SECTION FEATURES
USEDESCRIPTION
STORIES STORY HT
L
2,
3.
4,
5,
Year Built
Ejj Year
GarageT.~pe :
Esmnt T;pe :
BSl11ntGrade :
Bldg MatI
Bldg Cond
Bldg Grade
%Brick/Swne:
HeatSource
Heat T.~pe
Sewer T.lpe : Public
Wtr Source : Water District
STREET INFORMATION
St Surface
St Access
: Public
GROSS SO FT NET SO FT
Profile-Page :1 of :1
Information compiled fi'01l1 various sources, Real Estate Soliltions makes no representations
or warranties as to the accllracy or completeness ofir.formation contained in this report,
20071228001146.001
~.
When recorded return to:
BOYS A."lD GIRLS CLUB B OF THURSTON ,,-
ATTN: JOSEPH INGOGLIA
3003 SUNSET WAY SE
TIDIWATER, WA 98501
.I~II~~I~~~ ~ ~I~lnll
20071228001146
PACIFIC NU TIT we 4t.0a
PAtlE001 OF 002
12/28/2007 12:20
KING COUNTY, WI'!
E2326741
12/28/2007 12:00
K~~ COUNTY, UA $10.00
SALE $0.00
PAGE001 OF eal
Escrow No.:M3022
Statutory Warranty Deed A
LQ~1325-C: R\)oS\ ~/4\
THE GRA..l\'TOR GRAYDON Sl\mH and MARLYS M. SMITH. husband and wife for and in
consideration of GIFT, conveys and wamuus to BOYS AND GIRLS CLUBS OF THURSTON COUNTY, a
Washington nonprofit corporation the following described real estate, situated in the County of KING, State
of Washington:
See Exhibit A attached hereto and made a part hereof.
SUBJECT TO covenants, conditions, restrictions, reservations, easements and agreements of record, if any.
Tax Parcel Number(s): 11572(}..0387-08
Abbreviated Legal: Ptn Tract 38, Brool.."Vale Garden Tracts & Pm 23-23-4E
GRAYDO, SMITH
~J7~/7> ~~
MARLYS M. S .. H
STATE OF WASHINGTON
COUNTY OF THURSTON
} ss
I certify that I know or have satisfactol)' evidence that GRAYDON Sl\UTH and MARL YS l\1. SMITH are the
persons who appeared before me, and said persons acknowledged that they signed this instrument and
acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument.
Dated: Dec "1. . ~11 ~nM
KARl E. HAYES
NOTARY pUBLIC
STATE Of WASHINGTON
COMM!~ EXPIRES
Jl.lfE 29. 2011
iJlu; I: ~ /
E. HAYES .
Notal)' Public in and for eState of\\' ashington
Residing at TENINO
My appointment expires: June 29, 2011
Vision Form SDOOJ W A Rev. 2/&12006
LPB-IO-05 (i-I)
Page I of2
----=- -
2007 L.::.::ouu1146.002
?'
Exhibit A
Tract 38, Brookvale Garden Tracts, according to the plat thereof recorded in Volume 10 of Plats,
page 47, in King County, Washington; Except the west 4ll3.55 feet thereof;
.<\..1\W
. That portion of Section 23, Township 23 North, Range 4 East, \V.M., in King County, Washington,
described as follows:
Beginning at the southeast comer of Tract 38; Thence east to the west line of Interurban Addition to
Seattle, according to the plat thereof recorded in Volume 10 of Plats, page 55, in King County,
\Vashington; Thence northerly along said west line to the easterly projection of the north line of
Tract 38; Thence w~t to the northeast comer of said Tract 38; Thence south along the east line of
said Tract 38 to the point of beginning;
TOGETHER WITH that portion of vacated South 152nd Street which, upon vacation, attached to
said premises by operation of law; EXCEPT that portion thereof deeded to the city of Tukwila
under Recording Numbers 75121011369 and 8603240746;
(ALSO KNO\VN AS Lot 4, City of TuJ."1\ila Short Plat Number 83-17-SS recorded under King
County Recording Number 8312210348.
(BEING KNOVt'N AS Lot 2 of City of 'fulrn.iIa Boundary Line Adjustment Number 86-21-BLA filed
uuder King County Recording Number 860603ll348).
City of Tukwila
6200 Southcenter Boulevard · Tukwila, Washington 98188
Jim Haggerton, Mayor
INFORl\1ATION l\'IEl\'IORANDUM
TO:
Community Affairs and Parks Committee
CC:
Mayor Haggerton
Rhonda Berry
FROM:
Lisa Verner, Mayor's Office
DATE:
October 27,2008
RE:
PARKS LEVEL OF SERVICE ORDINAl'\fCE
ISSUE
Adopt Ordinance establishing level of service (LOS) standards for parks and open space,
identifying the capital facilities needed to maintain the LOS standards for future growth
and amending Ordinance 2207 adopting the Parks, Recreation and Open Space Plan to
incorporate the LOS standards and list of capital facilities.
BACKGROUND
The Community Affairs and Parks (CAP) Committee reviewed this issue at its August
11,2008 meeting and forwarded it to the August 25,2008 Committee of the Whole
meeting (C.O.W.), with a recommendation for adoption. At the August 25,2008 C.O.W.
a public hearing was held, and the issue was discussed and forwarded on to the
September 2 Regular Meeting for adoption. The draft ordinance was pulled from the
September 2 agenda in order to add the list of capital facilities anticipated due to future
groV\rth.
At the Council's Regular Meeting on October 20, Council passed the draft ordinance
back to the Community Affairs and Parks Committee for revie\v of the list of capital
facilities projects which was added to the draft ordinance.
DISCUSSION
The Parks Department has reviewed the projects discussed in the 2008 Parks, Recreation
and Open Space Plan and identified the capital facilities projects which will be needed
due to growth. Implementation of these projects will allow the City to achieve the same
level of service for future growth as it provides for existing citizens.
Phone: 206-433-1800 · City Hall Fax: 206-433-1833 · www.cUukwila.wa.us
The proposed ordinance will identify the current level of service for parks services that
the City now provides. It will also identify the new capital facilities which will be
needed to maintain that LOS for future grov..rth and development. It will amend the
ordinance which adopted the 2008 Parks, Recreation and Open Space Plan to incorporate
these items.
The list of parks capital facilities projects which has been added to the draft ordinance
consists of a list of proj ects which will be needed due to future grO\\rth. This list will
form the basis for the list of parks projects for which impact fees will be collected, if the
Council decides in the future to adopt impact fees; during the impact fee discussion, the
list may be shortened as the appropriate level of impact fees is evaluated.
RECOMMENDATION
Adopt Ordinance establishing level of service (LOS) standards for parks and open space,
identifying the capital facilities needed to maintain the LOS standards for future gro\\rth
and amending Ordinance 2207 adopting the Parks, Recreation and Open Space Plan to
incorporate the LOS standards and list of capital facilities.
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKV\'ILA,
WASHINGTON, AMENDING THE CITY'S PARKS, RECREATION AND OPEN
SPACE PLAN, ADOPTED BY ORDINANCE NO. 2207, TO ESTABLISH LEVEL-
OF-SERVICE (LOS) STANTIARDS; IDENTIFYING CAPITAL FACILITIES
NEEDED TO MAINTAIN LOS STANDARDS FOR FUTURE GROvVTH;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
\^lHEREAS, RCW 35A.63.062 sets forth a city's option to perform comprehensive parks
and open space planning; and
WHEREAS, on June 23, 2008, the City passed Ordinance No. 2207, adopting Tukwila's
most recent Parks, Recreation and Open Space Plan; and
WHEREAS, the City Council desires that the Parks, Recreation and Open Space Plan
include standards for measurement of acceptable levels of parks services provided by the City;
and
WHEREAS, the City Council desires to identify capital facilities needed to maintain level-
of-service standards for future growth; and
WHEREAS, on August 25,2008, the City Council held a public hearing to present and
receive public comment on the Parks and Recreation level-of-service standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWlLA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Level of Service. The City's Parks, Recreation and Open Space Plan, adopted
by Ordinance No. 2207, is hereby amended with the addition of level-of-service standards, to
read as follows:
LEVEL OF SERVICE (LOS) STANDARDS
2022
2008 Population: 24,719
Population: 17,930 (estimated)
ParkfFacility Service Current Unit of LOS Surplus LOS I Surplus
Type Area Inventory Measurement Demand (Deficit) Demand (Deficit)
up to 'h 1.2 0.07 acres per
1\1ini Park mile acres 1,000 pop. 1.20 0 1.65 (0.45)
Neighborhood 'h to 1 50.4 2.81 acres per 69.481 (19.08)
Park' mile acres 1,000 pop. 50.40 0
Community 1-5 25.0 1.39 acres per
Park miles acres 1,000 pop. 24.97 0 34.43 (9.46)
5-20 132.0 7.36 acres per
Reltional Park .. miles acres 1,000 pop. 131.99 0 181.97 (49.98)
33.5 1.87 acres per
Open Space acres 1,000 pop. 33.50 0 46.18 (12.68)
NeighborhoDd 1.9 I 0.90 miles of trail
ConnectDr- miles per 1,000 pop. 16.11 (14.20) 22.21 (20.30)
11.4 0.64 miles Df trail
Reltional Trail miles per 1,000 pDp. 11.40 0 15.72 (4.32)
Community 1 1 per
Center center 15,000 pDp. 1.20 (0.20) 1.65 (0.65)
. 22.3 acres of neighborhood parks are school district property developed as a park.
.. The acreage above includes only parks in the Gty of Tukwila.
Regional park needs can be met outside of the City boundaries.
'''Includes neighborhood connectors listed in the Walk & Roll Plan.
Section 2. Capital Facilities Identified. The City's Parks, Recreation and Open Space
Plan, adopted by Ordinance No. 2207, is hereby amended with the addition of a "Project List
for Parks Capital Facilities Related to Future Growth," attached hereto as Exhibit A, and by this
reference incorporated as if fully set forth herein.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force five days after passage
and publication as provided by law.
PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of ,2008.
ATIEST / AUTHENTICATED:
Christy O'Flaherty, City Oerk
Jim Haggerton, Mayor
APPROVED AS TO FOR.M: BY:
Filed with the City Oerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachments: Exhibit A - Project List for Parks Capital Facilities
Related to Future Growth
Exhibit A
Project List for Parks
Capital Facilities Related to Future Growth
Estimated
P .
D
rot ect escriptlOn Project Cost
Larger & Permanent Place
Skate Facility $1,000,000, 1/2 > 500,000
Duwamish Riverbend Hill Develop Phase II 3,000,000
[Extend land lease]; renovate &
Tukwila Swimming Pool expand 1,500,000
Redevelop to synthetic turf with
Showalter Middle School Field lights for Soccer/Baseball 1,500,000
Renton (Black/Cedar river);
Trail Connections SeaTac, Seattle (Chief Sealth) 1,000,000
Acquire land to conserve
Open Space conservation areas 3,000,000
Acquire land to conserve
Riverfront Land riverfront areas 3,000,000
Acquire and Develop Park, Ryan
East Hill Hill Area 2,500,000
Phase II - Boardwalk and wetland
Macadam Wetlands improvements 2,500,000
Christianson, Codiga, Fort Dent,
Boat Launch Log Cabin 750,000
Subtotal 19,250,000
Southgate Park Expand and Develop 1,000,000
Multi-Purpose Trails 1,500,000
Teen Center Near High School 3,000,000
Subtotal 5,500,000
Foster Golf Links Expansion & Driving Range 5,000,000
Art Center Acquire and Construct 3,000,000
Restroom Add Restrooms to Existing Parks 500,000
Gymnasium 1,500,000
Fitness Center 1,000,000
Subtotal 11,000,000
Tukwila Pond Development - Phase II 3,000,000
South Tukwila Acquire and Develop Park 5,000,000
South of 180th along Green
Trail Connections River; Bridge to Brisco Park 5,000,000
Subtotal 13,000,000
Total All Projects 48,750,000