The URL can be used to link to this page

Home My WebLink AboutReg 2009-06-01 COMPLETE AGENDA PACKET Tukwila City Council Agenda .:. REGULAR MEETING .:. Councilmembers: .:. Joe Duffie .:. Pamela Linder .:. Dennis Robertson .:. Verna Griffin .:. Kathy Hougardy .:. De'Sean Quinn · Ord #2231 · Res #1682 Jim Haggerton, Mayor Rhonda Berry, City Administrator Joan Hernandez, Council President Monday, June 1, 2009; 7:00 PM 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. CITIZEN At this time, you are invited to comment on items not included on this agenda (please limit COMMENT your comments to five min utes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. CONSENT AGENDA 4.BID AWARDS 5. PUBLIC HEARINGS 6. UNFINISHED BUSINESS Approval of Vouchers. Award a contract to Lakeside Industries for the 2009-2010 Overlay Program in the amount of $1,560,638.50. Tukwila South Project (please bring Tukwila South notebooks): a. An ordinance vacating portions of the existing Frager Road right-of-way from approximately existing City limits to South 200th Street for the Tukwila South Project. b. An ordinance vacating portions of the existing Southcenter Parkway right-of-way from approximately South 180th Street to existing City limits for the Tukwila South Project. c. A resolution declaring the real property located at Frager Road and South 200th Street to be surplus, and authorizing its exchange. a. An ordinance granting a non-exclusive franchise to tw telecom of washington He for the purpose of constructing, operating and maintaining a telecommunications system in the City. b. An ordinance vacating certain property dedicated for street purposes, generally described as 35th Avenue South, running southwesterly from South center Boulevard (South 154th Street) for approximately 354 feet. c. Authorize the Mayor to sign an agreement with Anchor-QEA, LLC for construction management services for the 2009-2010 Overlay and Repair project in the amount of $216,085.00. d. Tukwila South Project (please bring Tukwila South notebooks]: 1) An ordinance authorizing the Mayor to enter into a Development Agreement with La Pianta, LLC for the project known as Tukwila South. (Please see new Informational Memorandum in packet.) 2) An ordinance adopting the Tukwila South Master Plan. 3) An ordinance amending the City's Zoning Code, TMC Title 18; adopting a new TMC Chapter 18.41 relating to a new Tukwila South Overlay District; and adopting the Tukwila South Design Manual. 4) An ordinance amending TMC Chapter 17.16 relating to detailed procedures for Binding Site Improvement Plans. 5) An ordinance amending Tukwila's Shoreline Master Plan map to pre-designate the shoreline area located within the Tukwila South Potential Annexation area as "urban environment" and for such designation to be effective upon annexation. 6) An ordinance designating the Tukwila South Project area a Sensitive Area Master Plan Overlay District. 7) An ordinance vacating portions of the existing Frager Road righ t-of- way from approximately existing City limits to South 200th Street for the Tukwila South Project. 8) An ordinance vacating portions of the existingSouthcenter Parkway right-of-way from approximately South 180th Street to existing City limits for the Tukwila South Project. 9) A resolution declaring the real property located at Frager Road and South 200th Street to be surplus, and authorizing its exchange. Pg.1 Pg.3 Pg.13 Pg.23 Pg.33 Pg.47 Pg.53 Pg.55 Pg.163 Pg.221 Pg.301 Pg.315 Pg.327 Pg.3 Pg.13 Pg.23 Tukwila City Council Agenda .:. Regular Meeting .:. Monday, June 1, 2009, 7:00 PM Page 2 7. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 8. MISCELLANEOUS I 9. EXECUTIVE SESSION 10. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-l800/TDD 206-248-2933. This notice is available at www.cLtukwila.wa.us.and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. COUNCIL AGENDA SvNoPsIs �J� ►L .IJ ITEMNo. A 4J, Initials t. y 1 Meeting Date Prepared _Mayors review Council review 05/26/09 I JM zL 1 J 1 1 y 06/01/09 JM :y-, 906 1 ITEM INFORMATION CAS NUMBER: 09-064 I ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITEM TITLE Bid Award for 2009/2010 Overlay and Repair Program CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Heanng Other Mtg Date 05/26/09 Mtg Date Mtg Date Mtg Date Mtg Date 06/01/09 ivltg Date Mtg Date SPONSOR f Council Mayor Adm Svcs DCD Finance Fire Legal P &R n Police ®PfV SPONSOR'S The Overlay Repair Program was advertised for bids on April 20 and May 7 for 20 street SUMLILARY segments and 4 additive items. The lowest bidder is determined by the 20 street segments only, identified as the base bid. Six bids were received and opened on May 14, 2009. The low base bid of $1,297,328.50 was from Lakeside Industries. Lakeside also submitted a proposal of $263,310.00 for the 4 additive items. Lakeside has successfully worked for the City in the past and Council is requested to award the base bid and four additives items. REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA1t 05/18/09 RECOMMENDATIONS: SPONSOR /ADMLNI. Public Works COMNrrrEE unanimous Approval; Forward to Committee of the Whole COST- IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $1,560,638.50 $2,220,000.00 $0.00 Fund Source: 104.02 ARTERIAL STREETS (PG. 20, 2009 CIP) Comments MTG.. DATE RECORD OF. COUNCIL ACTION 05/26/09 Forward to next regular meeting 06/01/09 MTG. DATE -ATTACHMENTS 05/26/09 Informational Memorandum dated 05/14/09 Vicinity map Bid Tabulations (Base Bid and Lakeside's Additive Items 1 4) Minutes from the Transportation Committee meeting of 05/18/09 06/01/09 No attachments COUNCIL AGENDA SYNOPSIS ‘34 q Initials ITEM NO. 4 04, 1 _vfeetinQ Date Prepared by I Mayori_ review Council review O r t 1 05/26/09 I LV I y��- I 1 5 I 06/01/09 I LV A. t I 1 ci— 90; I I 1 I 1 7 ITEM INFORMATION CAS Number 09-073 I ORIGINAL AGENDA DATE: MAY 26, 2009 AGEND ITEM TYM An Ordinance vacating a portion of Frager Road as part of Tukwila South Project. C.\ H.(;OR1' Discussion Motion Resolution Ordinance Bid Award Public Heanng I I Other lIts Date 5/26/09 lltg Date ling Date lJg Date 6/1/09 Altg Date IIg Date 06/01/09 lltg Date 1 S Pt )N s() R LI Council Mayor Adm Svc; DCD Finance Fire [1 Legal P&R Police LI PW SP( )NSOR'S Vacation of a portion of Frager Road property to be exchanged with La Pianta LLC for land Summ.viv for Southcenter Parkway right -of -way. Ri1\'il:WI.I) BY COW Mtg. CA &P Cmte F &S Cmte LI Transportation Cmte Utihttes Cmte Arts Comm. Parks Comm. Planning Comm. DAIE: 05/26/09 RECOMMENDATIONS: Si )NSOR /ADMIN. Mayor's Office C( M I IITf EF, COST IMPACT FUND SOURCE Exim :NDITURI: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to 06 /01/09 Regulliar Meeting MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 Draft Frager Road street vacation ordinance with Exhibit. 06/01/09 Same as above I 7 City of Tukwila a'''''AI-'1'107. Jim Haggerton, Mayor v J 1 290 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project Right -of -Way Vacation and Declaration of Surplus Property ISSUE Property exchange between the City of Tukwila and La Pianta. The City will vacate portions of the Southcenter Parkway Right of-way and a portion of the Frager Road Right -of -way as well as declare the S. 200 Street storm pond as surplus in exchange for the dedication of new Right -of -way for Southcenter Parkway by La Pianta LLC. BACKGROUND Sections 4.3.2, 4.11 and 4.12 of the Tukwila South Project Development Agreement address the vacation, surplus and conveyance of land to and from the City of Tukwila and La Planta LLC. As part of the Tukwila South annexation the City will assume control of all public rights of way and stormwater facilities within the annexation area. The City and La Pianta propose to undertake major infrastructure improvements within the Tukwila South Project area. In order to accommodate the proposed infrastructure improvements the City and the La Pianta must exchange land within the project area. City will convey the following to La Pianta and Others: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Surplus Property: This pond will not be needed as 31,363 sf .72 acres $30,000 storm water runoff for S 200 Street and Southcenter Parkway will be directed to the South Pond in the regional system to be constructed by La Pianta LLC as part of the proposed Tukwila South Project development. INFORMATIONAL MEMO Page 2 2. Size Size Preliminary Southcenter Parkway Vacation: (SF) (Acres) Appraisal Value In order to accommodate 198,084 sf to 4.5 acres; $1.85 Million reconstructing and realigning La Pianta LLC; Southcenter Pkwy, Southcenter 17,190 sf to .4 acres Parkway ROW will be vacated to La Gaco Pianta LLC, Gaco Western and Western, Mitchell Moving. Mitchell Moving 3. Fraaer Road Vacation: As part of the property exchange, 140,784 sf 3.23 acres $1.95 Million Frager Road ROW will be vacated to La Pianta LLC. Totals: 387,421 sf 8.9 acres $3.83 Million La Pianta will convey the following to the City: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Southcenter Parkway ROW: La Pianta LLC will donate ROW for 582,757 sf 13.38 $6.2 Million new, relocated Southcenter Parkway acres Staff anticipates that the final appraisal will be completed by June 1, 2009. DISCUSSION In order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is donating approximately 13 acres as the necessary additional right -of -way. The property that the City is proposing to convey to La Pianta consists of both real property (stormwater pond property) and right of way (approximately 9 acres). There are specific requirements that the City must follow in order to disposal of the storm pond and the right -of -way. Stormwater Pond Property The City's "Disposal of City Assets" policy (City of Tukwila Administrative Manual, index 300 -07) governs the disposal of city property. In this case, Item 3.b. Utility Assets calls for a public hearing and a resolution to dispose of properties used for utility purposes. Since the storm pond property was originally acquired for use by a utility (King County stormwater) disposal of the property must be consistent with Revised Code of Washington (RCW) 35.94.040. The City Council is required to declare the property as W12009 InfoMemos\Infomemo Surplus- Vacations 5- 26 -09.doc INFORMATIONAL MEMO Page 3 surplus after a public hearing is held. Additionally, the resolution declaring the property as surplus must state the the consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest The public hearing on declaring the stormwater pond as surplus has been scheduled for June 1, 2009 Vacation of Southcenter Parkway and Fraaer Road The City proposes to vacate portions of Southcenter Parkway and a portion of Frager Road, after it is annexed into the City. These portions of right -of -way will no longer be needed. Southcenter Parkway is being relocated westward to the toe of the west hill which is the west boundary of the Tukwila South Project. The rights -of -way are being vacated in favor of the adjacent property owners. Most of the vacated right -of -way will go to La Pianta LLC with the portions abutting their properties going to Mitchell Moving and Gaco Western. To vacate City right -of -way the City must adopt a resolution setting a public hearing. The City Council completed this on May 4, 2009 and the public hearing has been set for June 1, 2009. At that meeting the City Council will asked to adopt two ordinances which will vacate portions of Southcenter Parkway and Frager Road. RECOMMENDATION Forward the draft surplus resolution and two draft vacation ordinances to the June 1, 2009 Regular Meeting for public hearings and possible adoption. ATTACHMENTS 1. Draft Resolution for surplus property with map 2. Draft Southcenter Parkway Vacation Ordinance, with legal description and map 3. Draft Frager Road Vacation Ordinance, with legal description and map W:\2009 InfoMemos \Infomemo Surplus- Vacations 5- 26 -09.doc DAL AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH 200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EtthCTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. and WHEREAS, the Development Agreement' calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter and at the conclusion of such hearing determined the aforementioned right -of -way should be vacated; NOW, THEREFORE, THE CE TI' COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Frager Road from approximately existing City limits as of the adoption of this ordinance to South 200th Street will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on W Word ?rocess ing'ArdinancalTukwi1a South Frager Road Street Vacation.doc sv:ksn 05/21/2009 Page 1 of 2 Frager Road from approximately existing City limits, as of the date of ordinance adoption, to South 200th Street, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of Frager Road right -of -way: 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the east edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. 3. La Pianta LLC has delivered to escrow the deed for the donation of land for the Fire Station as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No Section 5. 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 6. Effective Date. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council. Published. Effective Date: Office of the City Attorney Ordinance Number Attachment: Exhibit A Legal Description Exhibit B Map W: \`Nord ProcessineeOrdinances \Tukwila South Frasu Road Street Vacation doc SV:ksn 05/25rz009 Page 2 of 2 EXHIBIT A VACATED PORTION OF FRAGER ROAD, That portion of Frager Road (also appearing of record as Southcenter Parkway and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: The southerly city limits of the City of Tukwila as said city limits cross Frager Road. LINE B: The north right -of -way line of South 200 Street in King County, Washington, at its point of intersection with said Frager Road. W \Word Processing \Ordinances \Tukwila South Frager Road Street Vac Exhibit Adoc LV:ksn 05/21!2009 Page 1 of 1 it. Num ---1 it el l r PACE A I c 1 r J\ f 0 1„„,, t.. law LINE 'A' t 1 0 XIII i III CITY LIMIT LINE t 1 10 1 p I t i MEM NMI I i Elm ma ill 6 v 9 1.1 LI !AV 1 pp. 0 PC i n i 1 I illre 0 0 0 1 g El (.7 t 1.0 E i i /7---- lij 1. ._r I 7 Of 1 1 Li sIB (L A.,/ i T sc UTH 200th STR SCA E I A t 77 n -11 t47" O LE 1 TUKWILA eoLITH Pfl-/CT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B PRAGER ROAD FiKaFrT OF WAY VACATION 1 K:1.40 C:Ctrnrrf, WASHZIWITCti COUNCIL AGENDA SYNOPSIS w 1",o,NILA�_ Initials ITEM NO. 7 I lT eetigo Date Prepared Gy dMayor i revrew Connci! rezeu 1 O j G 05/26/09 1 LV 1 9 I 5j 4. 2 06/01/09 LV AAL L L —j 190 I 1 1 1 I B ITEM INFORMATION I CAS NUMBER: 09-074 IORIGIN_\LAGENDA DATE: MAY 26, 2009 AcGk m) ITENI TITLE An Ordinance vacating a portion of Southcenter Parkway as part of Tukwila South Project. C.l"CI ?(JOKY Ducusdon Motion Resolution Ordinance Li Bid Award Public Hearzq Other illtg Date 5/26/09 flitg Date !lttg Date Mtg Date 06/01/09 Nitg Date Mfg Dote 06/01/09 Altg Date SPONSOR Council Mayor Adm SVCS DCD Finance I 'Fire Legal P&R 1 1 Police I1I PW SPONSOR'S Vacation of a portion of Southcenter Parkway property to be exchanged with La Pianta LLC SUMMARY for land for Southcenter Parkway right -of -way. RI timi BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte LI Utilities Cmte LI Arts Comm. l Parks Comm. El Planning Comm. DALE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADMIN Mayor's Office CO1Ii fIYI'EE COST IMPACT FUND SOURCE EXPI tN f)Pl'URI RI',QU IRID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE I RECORD OF COUNCIL ACTION 05/26/09 I IFOrward to 06 /01/09 Regular Meeting MTG. DATE I ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 Draft Southcenter Parkway street vacation ordinance with Exhibit. 06/01/09 1 Same as above f l llA =yy qs �y City of Tukwila L, 1 Jim Haggerton, Mayor 90 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project Right-of-Way Vacation and Declaration of Surplus Property ISSUE Property exchange between the City of Tukwila and La Pianta. The City will vacate portions of the Southcenter Parkway Right -of -way and a portion of the Frager Road Right -of -way as well as declare the S. 200 Street storm pond as surplus in exchange for the dedication of new Right -of -way for Southcenter Parkway by La Pianta LLC. BACKGROUND Sections 4.3.2, 4.11 and 4.12 of the Tukwila South Project Development Agreement address the vacation, surplus and conveyance of land to and from the City of Tukwila and La Pianta LLC. As part of the Tukwila South annexation the City will assume control of all public rights of way and stormwater facilities within the annexation area. The City and La Pianta propose to undertake major infrastructure improvements within the Tukwila South Project area. In order to accommodate the proposed infrastructure improvements the City and the La Pianta must exchange land within the project area. City will convey the followina to La Pianta and Others: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Surplus Property: This pond will not be needed as 31,363 sf .72 acres $30,000 storm water runoff for S 200 Street and Southcenter Parkway will be directed to the South Pond in the regional system to be constructed by La Pianta LLC as part of the proposed Tukwila South Project development. INFORMATIONAL MEMO Page 2 2. Size Size Preliminary Southcenter Parkway Vacation: (SF) (Acres) Appraisal Value In order to accommodate 198,084 sf to 4.5 acres; $1.85 Million reconstructing and realigning La Pianta LLC; Southcenter Pkwy, Southcenter 17,190 sf to .4 acres Parkway ROW will be vacated to La Gaco Pianta LLC, Gaco Western and Western, Mitchell Moving. Mitchell Moving 3. Frager Road Vacation: As part of the property exchange, 140,784 sf 3.23 acres $1.95 Million Frager Road ROW will be vacated to La Pianta LLC. Totals: 387,421 sf 8.9 acres $3.83 Million La Pianta will convey the following to the City: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Southcenter Parkway ROW: La Pianta LLC will donate ROW for 582,757 sf 13.38 $6.2 Million new, relocated Southcenter Parkway acres Staff anticipates that the final appraisal will be completed by June 1, 2009. DISCUSSION In order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is donating approximately 13 acres as the necessary additional right -of -way. The property that the City is proposing to convey to La Pianta consists of both real property (stormwater pond property) and right of way (approximately 9 acres). There are specific requirements that the City must follow in order to disposal of the storm pond and the right -of -way. Stormwater Pond Property The City's "Disposal of City Assets" policy (City of Tukwila Administrative Manual, index 300 -07) governs the disposal of city property. In this case, Item 3.b. Utility Assets calls for a public hearing and a resolution to dispose of properties used for utility purposes. Since the storm pond property was originally acquired for use by a utility (King County stormwater) disposal of the property must be consistent with Revised Code of Washington (RCW) 35.94.040. The City Council is required to declare the property as W12009 infoMemosUnfomemo Surplus- Vacations 5- 26 -09.doc INFORMATIONAL MEMO Page 3 surplus after a public hearing is held. Additionally, the resolution declaring the property as surplus must state the the consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest The public hearing on declaring the stormwater pond as surplus has been scheduled for June 1, 2009 Vacation of Southcenter Parkway and Fraaer Road The City proposes to vacate portions of Southcenter Parkway and a portion of Frager Road, after it is annexed into the City. These portions of right -of -way will no longer be needed. Southcenter Parkway is being relocated westward to the toe of the west hill which is the west boundary of the Tukwila South Project. The rights -of -way are being vacated in favor of the adjacent property owners. Most of the vacated right -of -way will go to La Pianta LLC with the portions abutting their properties going to Mitchell Moving and Gaco Western. To vacate City right -of -way the City must adopt a resolution setting a public hearing. The City Council completed this on May 4, 2009 and the public hearing has been set for June 1, 2009. At that meeting the City Council will asked to adopt two ordinances which will vacate portions of Southcenter Parkway and Frager Road. RECOMMENDATION Forward the draft surplus resolution and two draft vacation ordinances to the June 1, 2009 Regular Meeting for public hearings and possible adoption. ATTACHMENTS 1. Draft Resolution for surplus property with map 2. Draft Southcenter Parkway Vacation Ordinance, with legal description and map 3. Draft Frager Road Vacation Ordinance, with legal description and map W InfoMemos\Infomemo Surplus- Vacations 5- 26- 09.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWTLA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERA.BILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. and WHEREAS, the Development Agreement calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of such hearing determined that the aforementioned right -of -way should be vacated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Southcenter Parkway from approximately South 180th Street to the existing City limits will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. W \Word ProrssingtOrdin nes \Tu}.onla South Southc,rater Parkway Street Vac,tioadcc LV:kan osn -tn- -cos Page 1 of 2 Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on Southcenter Parkway from approximately South 180th Street to the existing City limits, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of Southcenter Parkway right-of-way 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the east edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. Section 5. 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 6. Effective Date. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009 ATTEST /AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number Attachment: Exhibit A Legal Description Exhibit B Map W:\Word Processing Ordinances \Tukwila South Southcenter Parkway Street Vacation.doc LV:ksn 05/28/2009 Page 2 of 2 EXHIBIT A VACATED PORTION OF SOUTIICENTER PARKWAY Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: Beginning at the northwest corner of the southwest 1 /4 of the northeast 1 /4 of section 35, township 23 north, range 4 east, W.M.; Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet; Thence south 01°05'14" west 36.0 feet to the southerly margin of south 180 street; Thence continuing south 01°05'14" west 365.78 feet; Thence north 88 °54'46" west 424.89 feet; Thence south 86 °58'00" west 103.76 feet; Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter Parkway and the true point of beginning; Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter Parkway, to the westerly margin of said Southcenter Parkway and the terminus of Line A. LINE B: The southerly city limits of the City of Tukwila as said city limits cross said Southcenter Parkway. Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit A.doc LV:ksn 05/28/2009 Pagel of 1 1 J I r i IN C 6 i J —0 i TO SC LE 4* 111 sot nJ71178 1 "RPE Tr St IN LINE 1 1 f-----„, i i iih ii ,cr P.A 7CE A N to .__J co 1 i f i to i t s- /7 i I I CITY LIMIT LINE 7.: Eli 2' GREEN RIVEH J 00 IL X CI /7 .„....,i TUKWILA SOUTH Pficor-c TUKWILA SOUTH F'ROJECT DEVELOPMENT AGFIEEMENT F ixhibit B SOUTHCENTER PARKWAY RIGHT OF WAY VACATION WATALA, KAKI COUNTY WASHNOTON. COUNCIL AGENDA SYNOPSIS �11LA Initta /s NQ. C _1 ITEM �J 5: I Meeting Date 1 Prepared by Mayor's review Couna/ ceutewv 0 tr 1 05/26/09 1 BM 1 ate-- a h 4 1 06/01/09 1 BM 1 a u I �>oyri 1 c*, 1 e ago= N I I (p ITEM INFORMATION I CAS NUMBER: 09-072 IORIGINALAGENDA DATE: MAY 26, 2009 AGENDA ITEM TITLE Resolution declaring real property as surplus and authorizing an exchange with La Pianta as part of Tukwila South Project. C FE( ()Rl' Discussion motion Resolution Ordinance n Bid Award Public Heanno n Other tlltg Date 05/26/09 Mtg Date tlltg Date 06/01/09 Alg Date Mtg Date Mtg Date 06/01/09 Altg Date 1SP Council Mayor Adm Svcs DCD Finance Fire E Leba1 n P &R Police PIV SPONsoR'S Adoption of a resolution declaring a .72 acre stormwater pond within the Tukwila South StV\[N►.\RY Project area as surplus and permitting the property to be exchanged with La Pianta LLC for land for the Southcenter Parkway project right -of -way. RI WI?t) BY COW Mtg. CA &P Cmte 1 1 F &S Cmte U Transportation Cmte 111 Utilities Cmte Arts Comm. U Parks Comm. n Planning Comm. DATE: 05/26/09 RECOMMENDATIONS: SPONS( Mt/ADMIN. Mayor's Office C.)MMT' 'E.E COST IMPACT FUND SOURCE EFPI :NDJTURI M.:W U 1) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments. MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 'Forward to 06/01/09 Regular Meeting 06/01/09 MTG. DATE I ATTACHMENTS 05/26/09 J Informational Memorandum dated 05/19/09 Draft Resolution and Exhibit 06/01/09 Same as above C 4W {Lq it.; 4s S City Cit of Tukwila Jim Haggerton, Mayor s� �2 90= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project Right -of -Way Vacation and Declaration of Surplus Property ISSUE Property exchange between the City of Tukwila and La Pianta. The City will vacate portions of the Southcenter Parkway Right -of -way and a portion of the Frager Road Right -of -way as well as declare the S. 200 Street storm pond as surplus in exchange for the dedication of new Right -of -way for Southcenter Parkway by La Pianta LLC. BACKGROUND Sections 4.3.2, 4.11 and 4.12 of the Tukwila South Project Development Agreement address the vacation, surplus and conveyance of land to and from the City of Tukwila and La Pianta LLC. As part of the Tukwila South annexation the City will assume control of all public rights of way and stormwater facilities within the annexation area. The City and La Pianta propose to undertake major infrastructure improvements within the Tukwila South Project area. In order to accommodate the proposed infrastructure improvements the City and the La Pianta must exchange land within the project area. City will convey the following to La Pianta and Others: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Surplus Property: This pond will not be needed as 31,363 sf .72 acres $30,000 storm water runoff for S 200 Street and Southcenter Parkway will be directed to the South Pond in the regional system to be constructed by La Pianta LLC as part of the proposed Tukwila South Project development. INFORMATIONAL MEMO Page 2 2. Size Size Preliminary Southcenter Parkway Vacation: (SF) (Acres) Appraisal Value In order to accommodate 198,084 sf to 4.5 acres; $1.85 Million reconstructing and realigning La Pianta LLC; Southcenter Pkwy, Southcenter 17,190 sf to .4 acres Parkway ROW will be vacated to La Gaco Pianta LLC, Gaco Western and Western, Mitchell Moving. Mitchell Moving 3. Fraser Road Vacation: As part of the property exchange, 140,784 sf 3.23 acres $1.95 Million Frager Road ROW will be vacated to La Pianta LLC. Totals: 387,421 sf 8.9 acres $3.83 Million La Pianta will convey the following to the City: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Southcenter Parkway ROW: La Pianta LLC will donate ROW for 582,757 sf 13.38 $6.2 Million new, relocated Southcenter Parkway acres Staff anticipates that the final appraisal will be completed by June 1, 2009. DISCUSSION In order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is donating approximately 13 acres as the necessary additional right -of -way. The property that the City is proposing to convey to La Pianta consists of both real property (stormwater pond property) and right of way (approximately 9 acres). There are specific requirements that the City must follow in order to disposal of the storm pond and the right -of -way. Stormwater Pond Property The City's "Disposal of City Assets" policy (City of Tukwila Administrative Manual, index 300 -07) governs the disposal of city property. In this case, Item 3.b. Utility Assets calls for a public hearing and a resolution to dispose of properties used for utility purposes. Since the storm pond property was originally acquired for use by a utility (King County stormwater) disposal of the property must be consistent with Revised Code of Washington (RCW) 35.94.040. The City Council is required to declare the property as W:12009 InfoMemos\Intomemo Surplus- Vacations 5- 26 -09.doc INFORMATIONAL MEMO Page 3 surplus after a public hearing is held. Additionally, the resolution declaring the property as surplus must state the the consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest The public hearing on declaring the stormwater pond as surplus has been scheduled for June 1, 2009 Vacation of Southcenter Parkway and Fraser Road The City proposes to vacate portions of Southcenter Parkway and a portion of Frager Road, after it is annexed into the City. These portions of right -of -way will no longer be needed. Southcenter Parkway is being relocated westward to the toe of the west hill which is the west boundary of the Tukwila South Project. The rights -of -way are being vacated in favor of the adjacent property owners. Most of the vacated right -of -way will go to La Pianta LLC with the portions abutting their properties going to Mitchell Moving and Gaco Western. To vacate City right -of -way the City must adopt a resolution setting a public hearing. The City Council completed this on May 4, 2009 and the public hearing has been set for June 1, 2009. At that meeting the City Council will asked to adopt two ordinances which will vacate portions of Southcenter Parkway and Frager Road. RECOMMENDATION Forward the draft surplus resolution and two draft vacation ordinances to the June 1, 2009 Regular Meeting for public hearings and possible adoption. ATTACHMENTS 1. Draft Resolution for surplus property with map 2. Draft Southcenter Parkway Vacation Ordinance, with legal description and map 3. Draft Frager Road Vacation Ordinance, with legal description and map W \2009 InfoMemos \Infomemo Surplus- Vacations 5- 26 -09.doc DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING THE REAL PROPERTY LOCATED AT FRAGER ROAD AND SOUTH 200TH STREET TO BE SURPLUS AUTHORIZING ITS EXCHANGE. WHEREAS, the City of Tukwila is preparing to annex approximately 259 acres of land, collectively known as the "Tukwila South Project," into the corporate limits of the City; and WHEREAS, upon the effective date of the annexation the City will assume ownership and control of certain rights -of -way and stormwater facilities from King County; and WHEREAS, the City has entered into a development agreement with La Pianta LLC, the majority landowner in the Tukwila South Project, for the overall development of the area; and WHEREAS, the City of Tukwila plans to undertake major infrastructure improvements within the Tukwila South Project, including realigning and reconstructing of Southcenter Parkway, and La Pianta LLC plans to construct new regional stormwater facilities; and WHEREAS, the stormwater facility located on King County Parcel #0277049061 will no longer be needed by the City for stormwater control as a result of the City and La Pianta's planned infrastructure improvements; and WHEREAS, the stormwater facility located on King County Parcel #0222049061 was originally acquired for use as a utility, disposal of the property must be consistent with the Qty's Disposal of City Assets policy and RCW 35 94.040; and WHEREAS, on June 1, 2009, following adequate public notification, the City Council of the City of Tukwila held a public hearing to consider declaring the stormwater pond on King County Parcel #0772049061 surplus; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWLLA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Declaration of Surplus. The real property, shown as attached Exhibit A and described as follows, to be owned by the City of Tukwila upon annexation, is hereby declared surplus. No Address Assigned, King County Parcel #0777049061, is legally described as follows: PORTION OF SW QTR NW QTR SIR 02 -22 -04 DAF• COMMENCING AT SE CORNER OF SAID SUBDIVISION TH N89- 16-32W ALONG EAST WEST CENTERLINE OF SAID SECTION 458.30 FT TH NO2 -40 -47E 53.72 FT TO TPOB TH CONTINUIi IG NO2- 40-47E 68.04 FT TH N20- 24-53E 88.72 FT TH N49 -07 -02E 82.00 FT TO ILITERSECTION WITH SWLY MARGIN W \Word Processing Resolutions Tukwila South Surplus Property Frager Road.doc SK:km 05/19/2C09 Page 1 of 2 OF FRAGER RD TH S40- 52 -58E ALONG SAID SWLY MARGIN 117.97 FT TO POINT ON CURVE FROM WHICH RADLAL CENTER BEARS S49 -07- 02W 798.51 FT TH SELY ALONG ARC OF SAID CURVE CONCAVE TO SW 93.58 FT TO PONT ON NON TANGENT CURVE FROM WHICH RADIAL CENTER BEARS S84- 31 -00W 40.00 FT TH SWLY ALONG ARC OF SAID CURVE CONCAVE TO NW 67.17 FT TH N89- 16 -32W 190.00 FT TO TPOB. Section 2. Exchange of Surplus Property. The Mayor of the City of Tukwila is hereby authorized to exchange the surplus property described herein with La Pianta LLC in consideration for La Pianta LLC providing the City with real property for the relocation of Southcenter Parkway, as outlined in the development agreement entered into between the City of Tukwila and La Pianta LLC, which was adopted by Ordinance No. Section 3. Conditions Precedent to Property Exchange. A. The surplus property described herein shall not be transferred until such time as the property is annexed to the City of Tukwila. B. The surplus property described herein shall not be transferred until La Pianta LLC has provided replacement storm drainage facilities for South 200th Street, as outlined in the development agreement entered into between the City of Tukwila and La Pianta LLC, which was adopted by Ordinance No. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED Joan Hernandez, Council President Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number Attachment: Exhibit A Map W: \Word P.____:.- South Surplus Property Fr,g r Road.doc s4�an o5/19/2009 Page 2 of 2 I. sew lir AWOL lit I 1 11 /"'k .,n 1 u, 4111 tat" 7=91111111 IN i l J SWALE 8US11YESS r 0, A i o /411 r l 'aREEN fiDW i i: I it,. 7-r--- Y q 7 i EURPLUS PARCEL i n POND NT1ON PARCEL 0222049061 l I =eo mon n II 0 I NOT TO SCALE W TUKWILA SOUTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT TUKWILA SOUTH SURPLUS PROPERTY TO BE EXCHANGED WITH LA MANTA LLC TUKWILA, KINO COUNTY, WABHINC3TON Exhibit A J COUNCIL AGENDA SYNOPSIS *ILA ,�J 9�+ Initials ITEMNO. y Me eting Date Prepared b 1 Mayor's review 1 Council review 1 t 0 05/26/09 1 J A -ec_" 1 4. 06/01/09 1 JM ,4��L 1 Jam✓ E I d 1 290 1 1 1 I ITEM INFORMATION 0 CAS NUMBER: 09-063 I ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA IIEMTITLE Ordinance Amending tw telecom of washington Ilc Franchise Agreement CA IEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/26/09 Mtg Date Mtg Date Mtg Date 06/01/09 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor 1 1 Adm Svcs DCD Finance Fire Legal P&R Police PW SPONSOR'S Time Warner Telecom (TWTC) Franchise Ordinance No. 2227 was approved by Council on SUMMARY March 2, 2009 and renewed TWTC's franchise agreement to March 10, 2012. An admendment is necessary to incorporate the legal name of "tw telecom of washington llc" rather than Time Warner (still abbreviated TWTC). No other changes were made to the franchise terms and conditions. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA 1E: 05/12/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COM IIrrEE Unanimous Approval, Forward to Committee of the Whole COST IMPACT/FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION I 05/26/09 I Forward to next regular meeting 06/01/09 I -MTG. DATE ATTACHMENTS I 05/26/09 Informational Memorandum dated 05/05/09 Draft Ordinance with Exhibits Minutes from the Utilities Committee meeting of 05/12/09 I I I 06/01/09 Ordinance final form I i> ti City of Q? 3 72t Tukw Washington Ordinance No. AN ORDINANCE OF THE Cr Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO tw telecom of washington 11c, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF WASHINGTON, FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING A TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC RIGHTS -OF- WAY IN THE CITY; REPEALING ORDINANCE NO. 2227; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2114, dated March 6, 2006, granted tw telecom of washington llc, hereinafter referred to as "TWTC," a three -year, non exclusive franchise, which expired March 15, 2009; and WHEREAS, Ordinance No. 7727, dated March 2, 2009, granted tw telecom of washington llc, a three -year franchise agreement and, after passage, issues arose as to how the name appeared in the ordinance, and this current ordinance will correct those issues; and WHEREAS, TWTC is a telecommunications company that, among other things, provides voice and data services to customers, including those in the Puget Sound Region; and WHEREAS, TWTC's desired route through the City of Tukwila, hereinafter referred to as "City," requires the use of certain portions of City rights -of -way for the installation, operation, and maintenance of a telecommunications system; and WHEREAS, the City Council has determined that the use of portions of the City's rights -of -way for installation of a telecommunications system is appropriate from the standpoint of the benefits to be derived by local businesses and the region as a result of such services; and WHEREAS, the City Council also recognizes the use of public rights -of -way must be restricted to allow for the construction of amenities necessary to serve the future needs of the citizens of Tukwila and that the coordination, planning, and management of the City's rights -of -way is necessary to ensure the burden of costs for the operations of non municipal interests are not borne by the citizenry; and WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant and regulate non exclusive franchises for the use of public streets, rights -of -way, and other public property for transmission of communications; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Non exclusive Franchise Granted. A. The City hereby grants to TWTC, subject to the conditions prescribed in this ordinance "Franchise Agreement the franchise rights and authority to construct, replace, repair, monitor, maintain, use and operate the equipment and facilities necessary for a telecommunications facility within the City-owned rights -of -way generally described in Exhibit A, and hereinafter referred to as the "Franchise Area." W:Word Pro cessinglOrdinances\hv telecom of washing/ on Ile Franchise.doc PH:ksn 5f2&'2009 Page 1 of 8 B. Such Franchise shall not be deemed to be exclusive to TWTC and shall in no way prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or under the areas to which this Franchise has been granted to TINTC, provided that such other franchises do not unreasonably interfere with TWTC's exercise of franchise rights granted herein as determined by the City. This Franchise shall in no way interfere with existing utilities or in any way limit, prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction over such area in any way. C. This Franchise Agreement merely authorizes TWTC to occupy and use the Franchise Area. Nothing contained herein shall be construed to grant or convey any right, title, or interest in the Franchise Area to TWTC. Section 2. Authority. The Director of Public Works or his /her designee is hereby granted the authority to administer and enforce the terms and provisions of this Franchise Agreement and may develop such lawful and reasonable rules, policies, and procedures as he /she deems necessary to carry out the provisions contained herein. Section 3. Franchise Term. The franchise rights granted herein shall remain in full force and effect for a period of three years from the effective date of this ordinance. This Franchise shall not take effect and TWTC shall have no rights under this Franchise unless a written acceptance with the City is received pursuant to Section 4 of this agreement. If TWTC requests a Franchise renewal prior to the expiration date, the City may, at the City's sole discretion, extend the term of this Franchise for up to one year beyond the expiration date to allow processing of renewal. If the City elects to extend the term of this Franchise, written notice of the extension shall be provided to TWTC prior to the Franchise expiration date. Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise and all the terms and conditions shall be filed with the City Clerk within 30 days of the effective date of this ordinance in the form attached hereto as Exhibit B. Failure on the part of TWTC to file said consent within 30 days of the effective date of this ordinance shall void and nullify any and all rights granted under this Franchise Agreement. Section 5. Construction Provisions and Standards. The following provisions shall be considered mandatory and failure to abide by any conditions described herein shall be deemed as non compliance with the terms of this Franchise Agreement and may result in some or all of the penalties specified in Section 6. A. Perrnit Required. No construction, maintenance, or repairs (except for emergency repairs) shall be undertaken in the franchise area without first obtaining appropriate permits from the City of Tukwila, Department of Public Works. In case of an emergency, TWTC shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Public Works Department. B. Coordination. All capital construction projects performed by TWTC within the Franchise Area shall be inspected by a City inspector. All work and inspection shall be coordinated with the Engineering Division of the Public Works Department to ensure consistency with City infrastructure, future Capital Improvements Projects, all developer improvements, and pertinent codes and ordinances. C. Construction Standards. Any construction, installation, maintenance, and restoration activities performed by or for TWTC within the Franchise Area shall be constructed and located so as to produce the least amount of interference with the free passage of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration activities shall be conducted such that they conform to the City's development guidelines and standards and comply with Title 11 of the Tukwila Municipal Code. D. Underground Installation Required. All telecommunications cables and junction boxes or other vaulted system components shall be installed underground W:\Word Processing \Ordinances\tw telecom of washington Ile Franchise.doc PH:ksn 5/28/2009 Page 2 of 8 unless otherwise exempted from this requirement, in writing, by the Director of Public Works. E. Relocation. 1. Whenever the City causes a public improvement to be constructed within the Franchise Area, and such public improvement requires the relocation of TWTC's facilities, the City shall provide TWTC with written notice requesting such relocation, along with plans for the public improvement that are sufficiently complete to allow for the initial evaluation, coordination and development of a relocation plan. The City and TWTC shall meet at a time and location determined by the City to discuss the project requirements including critical timelines, schedules, construction standards, utility conflicts, as -built requirements, and other pertinent relocation plan details. 2. To ensure timely execution of relocation requirements, TWTC shall provide, upon written request from the City, at TWTC's expense, base maps, current as- built information, detailed relocation plan (including detailed schedule of relocation activities, identification of critical path, identification of facilities, and relocation procedures), and other design, technical or operational requirements within the time frame specified by the City. 3. TWTC may, after receipt of written notice requesting a relocation of its facilities, submit to the City written alternatives to such relocation within a reasonable time specified by the City. Such alternatives shall include the use and operation of temporary facilities in adjacent rights -of -way. The City shall evaluate such alternatives and advise TWTC in writing if one or more of the alternatives are suitable to accommodate the work, which would otherwise necessitate relocation of the facilities. If requested by the City, TWTC shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by TWTC full and fair consideration. In the event the City ultimately determines there is no other reasonable alternative, TWTC shall relocate its facilities as otherwise specified in Section 5.E. 4. Upon final approval of the relocation plan by the City, TWTC shall, at its own expense, unless otherwise prohibited by statute, and at the time frame specified by the City, temporarily or permanently remove, relocate, place underground, change or alter the position of any facilities or structures within the right -of -way whenever the City has determined that such removal, relocation, undergrounding, change or alteration is reasonably necessary for the construction, repair, maintenance, installation, public safety, or operation of any public improvement in or upon the rights -of -way. 5. If, during the construction, repair, or maintenance of the City's public improvement project, an unexpected conflict occurs from TWTC's facilities, TWTC shall, upon notification from the City, respond within 24 hours to resolve the conflict. F. Removal or Abandonment. Upon the removal from service of any service antennas or other associated structures, facilities and amenities within the Franchise Area, TVV TC shall comply with all applicable standards and requirements prescribed by the City of Tukwila Public Works Department for the removal or abandonment of said structures and facilities. No facility constructed or owned by TWTC may be abandoned without the express written consent of the City. G. Bond. Before undertaking any of the work, installation, improvements, construction, repair, relocation, or maintenance authorized by this Franchise Agreement, TWTC shall, upon the request of the City, furnish a bond executed by TWTC and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City as sufficient to ensure performance of TWTC's obligations under this Franchise Agreement, provided, however, that such sum shall not exceed 150% of the cost of the telecommunications system to be installed by TWTC in the City rights -of -way. At TWTC's sole option, TWTC may provide alternate security in the font of an assignment of funds or a letter W: \Word Processing\Ordinances \tw telecom of washington llc Franchise (Inc PH:ksn 5128/2009 Page 3 of 8 of credit, in the same amount as the bond. All forms of security shall be in the form reasonably acceptable to the City. The bond shall be conditioned so that TWTC shall observe all the covenants, terms, and conditions and shall faithfully perfoinu all of the obligations of this Franchise Agreement, and to repair or replace any defective TWTC work or materials discovered in the City's roads, streets, or property. H. "One -Call" Location Liability. TWTC shall subscribe to and maintain membership in the regional "One -Call" utility location service and shall promptly locate all of its lines upon request. The City shall not be liable for any damages to TWTC's system components or for interruptions in service to TWTC customers that are a direct result of work performed for any City project for which TWTC has failed to properly locate its lines and facilities within the prescribed time limits and guidelines established by One -Call. The City shall also not be liable for any damages to the TWTC system components or for interruptions in service to TWTC customers resulting from work performed under a permit issued by the City. I. As -Built Plans Required. TWTC shall maintain accurate engineering plans and details of all installations within the City limits and shall provide such information in both paper form and electronic form using the most current Autocad version prior to close -out of any permit issued by the City and any work undertaken by TWTC pursuant to this Franchise Agreement. The City shall determine the acceptability of any as -built submittals provided under this section. J. Recovery of Costs. TWTC shall be subject to all permit fees associated with activities undertaken through the authority granted in this Franchise Agreement or under ordinances of the City. Where the City incurs reasonable costs and expenses for review or inspection of activities undertaken through the authority granted in this Franchise Agreement or any ordinances relating to the subject for which permit fees have not been established, TWTC shall pay such reasonable costs and expenses directly to the City. K. Vacation. lf, at any time, the City shall vacate any City road, right -of -way or other City property which is subject to rights granted by this Franchise Agreement and said vacation shall be for the purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and by giving 30 days written notice to TWTC, terminate this Franchise Agreement with reference to such City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages or loss to TWTC by reason of such termination other than those provided for in RCW 35.99. Section.6. Franchise Compliance. A. Franchise Violations. The failure by TWTC to fully comply with any of the provisions of this Franchise Agreement may result in a written notice from the City that describes the violations of the franchise and requests remedial action within 30 days of receipt of such notice. If TWTC has not attained full compliance at the end of the 30 -day period following receipt of the violation notification, the City may declare an immediate termination of all franchise rights and privileges, provided that full compliance was reasonably possible within that 30 -day period. B. Emergency Actions. 1. If any of TWTC's actions, or any failure by TWTC to act to correct a situation caused by TWTC, is deemed by the City to create a threat to life or property, financial harm, or cause a delay of the construction, repair or maintenance of the public improvement, the City may order TWTC to immediately correct said threat, financial harm, or delay or, at the City's discretion, the City may undertake measures to correct said threat, financial harm or delay itself; provided that, when possible, the City shall notify TWTC and give TWTC an opportunity to correct within a reasonable specified time, said threat, financial harm or delay before undertaking such corrective measures. W: \Word Processine'Ordinances\hv telecom of rvashineton Ilc Franchise.doc PH:ksn 52812 2009 Page 4 of 8 T\VTC shall be liable for all reasonable costs, expenses, and damages attributed to the correction of such an emergency situation as undertaken by the City to the extent that such situation was caused by TWTC and shall further be liable for all reasonable costs, expenses, and damages resulting to the City from such situation and any reimbursement of such costs to the City shall be made within 30 days of written notice of the completion of such action or determination of damages by the City. The failure by TWTC to take appropriate action to correct a situation caused by TWTC and identified by the City as a threat to public or private safety or property, financial harm, or delay of the construction, repair or maintenance of the public improvement shall be considered a violation of Franchise terms. 2. If, during construction or maintenance of TWTC's facilities, any damage occurs to an underground facility and the damage results in the release of natural gas or other hazardous substance or potentially endangers life, health, or property, TWTC or its contractor shall immediately call 911 or other local emergency response number. C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the City's available remedies in the event of TWTC's failure to comply with the provisions of this Franchise Agreement, to include, but not limited to, the City's right to a lawsuit for specific performance and/ or damages. D. Removal of System. In the event this Franchise Agreement is terminated as a result of violations of the terms of this Franchise Agreement, T\VTC shall, at its sole expense, promptly remove all system components and facilities, provided that the City, at its sole option, may allow TWTC to abandon its facilities in place. Section 7. Insurance. A. TWTC shall maintain liability insurance written on a per occurrence basis during the full term of this franchise for personal injuries and property damages. The policy shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila Municipal Code. B. Such insurance shall specifically name, as additional insured, the City, its officers, and employees, shall apply as primary insurance, shall stipulate that no insurance affected by the City will be called on to contribute to a loss covered thereunder, and shall further provide that the policy shall not be modified or canceled during the life of the permit or Franchise Agreement without giving 30 days written notice to the City. Notice shall be by certified mail, return receipt requested to the City. C. If the City determines that circumstances warrant an increase in insurance coverage and liability limits to adequately cover the risks of the City, the City may require additional insurance to be acquired. The City shall provide written notice should the City exercise its right to require additional insurance. Section 8. Other Permits Approvals. Nothing in the Agreement shall relieve TWTC from any obligation to obtain approvals or necessary permits from applicable federal, state, and City authorities for all activities in the Franchise Area. Section 9. Transfer of Ownership. A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the City, with such consent not being unreasonably withheld or delayed. No such consent shall be required, however, for a transfer in trust, by other hypothecation, or by assignment of any rights, title, or interest in TWTC's telecommunications system in order to secure indebtedness. Approval shall not be required for mortgaging purposes provided that the collateral pledged for any mortgage shall not include the assets of this franchise. Approval shall not be required for any transfer from TWTC to another person or entity controlling, controlled by, or under common control with TWTC. TWTC may license fibers to other users without the consent of the City W:Uwrd Processine\Ordinances \tw telecom of uashingtcn Ilc Franchise.doc PH:ksn 5/28/2049 Page 5 of 8 provided that TWTC remains solely responsible for the terms and conditions outlined in this Franchise Agreement. B. In any transfer of this Franchise that requires the approval of the City, TWTC shall show that the recipient of such transfer has the technical ability, financial capability, and any other legal or general qualifications as reasonably determined by the City to be necessary to ensure the obligations and terms required under this Franchise Agreement can be met to the full satisfaction of the City. The qualifications of any transferee shall be determined by hearing before the City Council and the approval to such transfer shall be granted by resolution of the City Council. Any actual and reasonable administrative costs associated with a transfer of this franchise that requires the approval of the City shall be reimbursed to the City within 30 days of such transfer. Section 10. Administrative Fees. A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees may be collected for administrative expenses related to such franchise. TWTC does hereby warrant that its operations as authorized under this franchise are those of a telephone business as defined in RCW 82.04.065. B. TWTC shall be subject to a $5,000 administrative fee for reimbursement of costs associated with the preparation, processing, and approval of this Franchise Agreement. These costs shall include, but not be limited to, wages, benefits, overhead expenses, equipment, and supplies associated with such tasks as plan review, site visits, meetings, negotiations, and other functions critical to proper management and oversight of the City's right -of -way. Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise approval. C. In the event TWTC submits a request for work beyond the scope of the original franchise, or submits a complex project that requires significant comprehensive plan review or inspection, TWTC shall reimburse the City for franchise amendment and expenses associated with the project. TWTC shall pay such costs within 30 days of receipt of bill from the City. D. Failure by TWTC to make full payment of bills within the time specified shall be considered sufficient grounds for the termination of all rights and privileges existing under this ordinance, utilizing the procedures specified in Section 6 of this ordinance. Section 11. Notices. Any notice to be served upon the City or TWTC shall be delivered to the following addresses respectively: City of Tukwila Lyndall Nipps Office of the City Clerk VP Regulatory 6200 Southcenter Boulevard tw telecom of washington llc. Tukwila WA 98188 845 Camino Sur Email: coflaherty @ci.tukwila.wa.us Palm Springs CA 92262 Phone: 206 -433 -1855 Email: lvndall.nipps @twtelecom.com Phone: 760 832 -6275 with a copy to: Tina Davis Senior VP Deputy General Counsel hv telecom of washington llc. 10475 Park Meadow Drive Littleton CO 80124 Email: tina.davis@twtelecom.com Phone: 303 566 -1279 \V: \Word Processing\ rdinances\tw telecom of washington Ile Franchise.don PH:ksn 5/28/2009 Page 6 of 8 Section 12. Indemnification. A. TWTC shall use reasonable and appropriate precautions to avoid damage to persons or property in the construction, installation, repair, operation, and maintenance of its structures and facilities within the Franchise Area. TWTC shall indemnify and hold the City harmless from all claims, actions or damages, including reasonable attorney's and expert witness fees, which may accrue to or be suffered by any person or persons, corporation or property to the extent caused in part or in whole by any negligent act or omission of TWTC, its officers, agents, servants or employees, carried on in the furtherance of the rights, benefits, and privileges granted to TWTC by this Franchise. In the event any claim or demand is presented to or filed with the City that gives rise to TWTC's obligation pursuant to this section, the City shall within a reasonable time notify TWTC thereof and TWTC shall have a right, at its election, to settle or compromise such claim or demand. In the event any claim or action is commenced in which the City is named a party, and which suit or action is based on a claim or demand which gives rise to TWTC's obligation pursuant to this section, the City shall promptly notify TWTC thereof, and TWTC shall, at its sole cost and expense, defend such suit or action by attorneys of its own election. In defense of such suit or action, TWTC may, at its election and at its sole cost and expense, settle or compromise such suit or action. This section shall not be construed to require TWTC to: 1. protect and save the City harmless from any claims, actions, or damages; 2. settle or compromise any claim, demand, suit, or action; 3. appear in or defend any suit or action; or, 4. pay any judgment or reimburse the City's costs and expenses (including reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional acts of the City, its employees, agents or independent contractors. B. To the extent of any concurrent negligence between TWTC and the City, TWTC's obligations under this paragraph shall only extend to its share of the negligence or fault. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege, and authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. Such participation by the City shall be at the City's sole cost and expense. C. With respect to the performance of this Franchise and as to claims against the City, its officers, agents and employees, TWTC expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its officers, agents and employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of TWTC's officers, agents or employees. This waiver is mutually negotiated by the parties. Section 13. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, either party may deem the entire ordinance to be affected and thereby nullified. However, in the event that a determination is made that a section, sentence, clause, or phrase in this ordinance is invalid or unconstitutional, the parties may agree to treat the portion declared invalid or unconstitutional as severable and maintain in force the remaining provisions of this ordinance; provided that, if the City elects, without agreement by TWTC, to enforce the remaining provisions of the ordinance, TWTC shall have the option to terminate the Franchise Agreement. Section 14. Reservation of Rights. The parties agree that this agreement is intended to satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and ordinances. Accordingly, any provision of this agreement or any local ordinance which may conflict with or violate the law shall be invalid and unenforceable, whether occurring before or after the execution of this agreement, it being the intention of the parties to preserve their respective rights and remedies under W: \Word Processing \Ordinances\tw telecom of Washington Ilc Franchise.doc PH:ksn 5/28/2009 Page 7 of 8 the law, and that the execution of this agreement does not constitute a waiver of any rights or obligations by either party under the law. Section 15. Police Powers. Nothing contained herein shall be deemed to affect the City's authority to exercise its police powers. TWTC shall not by this Franchise Agreement obtain any vested rights to use any portion of the City right -of -way except for the locations approved by the City and then only subject to the terms and conditions of this Franchise Agreement. This Franchise Agreement and the permits issued thereunder shall be governed by applicable City ordinances in effect at the time of application for such permits. Section 16. Future Rules, Regulations, and Specifications. TWTC acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulations governing telecommunications operations in the City. Such regulations, upon written notice to TWTC, shall thereafter govern TWTC's activities hereunder; provided, however, that in no event shall regulations: 1. materially interfere with or adversely affect TWTC's rights pursuant to and in accordance with this Franchise Agreement; or 2. be applied in a discriminatory manner as it pertains to TWTC and other similar user of such facilities. Section 17. Repealer. Ordinance No. 2977 is hereby repealed. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHIiNGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachments: Exhibit A tw telecom of washington llc Fiber Optic Systems Project Description Exhibit B Franchise Agreement Acceptance form W: \Word Processing \Ordinances'lw telecom of washineton Ilc Franchise.doc PH:Fsn 5/2 8/2009 Page 8 of 8 EDIT A Page 1 TWTC Fiber Optic System TWTC currently has a fiber optic system along Interurban Avenue South. On Interurban Avenue South, the system continues east to Boeing Access Road and heads north on Airport Way South into Seattle. TWTC purchased telecommunications conduits from McLeod USA and installed a fiber optics infrastructure. The fiber optic system is located on East Marginal Way from Interurban Avenue South to South 133 Street. It continues east on South 133 Street to Interurban Avenue South. McLeod USA and tw telecom fiber optic systems are in common manholes at each tie -in point on Interurban Avenue South. Recently, TWTC expanded its fiber optic system to serve customers in the Commercial Business District. The new system starts from a vault on Interurban Avenue South and Family Fun Center Way and heads to Southcenter Boulevard. On the north side, attached to the bridge portion of Southcenter Boulevard, the system heads to the Christianson Trail on the west side of the Duwamish River, then heads south to the intersection of Tukwila Parkway and Christensen TraiL TWTC's system continues westerly on the south side of Tukwila Parkway to the intersection of Andover Park West and Tukwila Parkway. From the west side of Andover Park West, the system heads south to Corporate Drive North. At this location, the system heads back north across the Corporate Driver North then west on the north side of Corporate Drive North, and terminates into a telecommunications vault. W: \Word Processing \Ordinances 2008 \tw telecom of washington llc Franchise Exhibit Adoc ksn 05/06/2009 i ,,4 4, .`',i-i. I \N C. t-- s. stem 4;,.... k fiber Optic 5 94 PI s s, iic,- 0, -4:--",-, „....N 0 I a i %Ar ck.....v I:°", 1 0 9:,■ AT- (11 ''-1• 9 ks il ,0,90 0Ka.'4 1 5 --------7 1 N•17-, 1 s ••9, i: 11 il 'J-',_.,-„_ itill$.'n',, 11 1 11, N otto ,caie I (5 4- A 11 i ..„.9. 9 4$ 4Y ap,% 4 7 9.,,:',.9 old& .c 11" r '0 11.111 7 7 II 14.3st 1,, la 1 9 1 s i44 5t 1 ro V 4 s i l,, 6 st :4 1--- l 7 s i 4.Le v., .4 t r It--- 2S $4 5t 9 jlei01 ‘.2 L— i vsz c L u lo.nr. ,...ii ."'•••■%,:is V i 1 --N V ililli A iii 1 .22- 1 P'''.--- 1 i. I 3 515851 L_O 1 steast a k i A i i 11 L 1 1 41: A r‘ cil s Ir- 1 2tx. 1 3 _...t- ,i 7 1.4:4 r 1 r 2 Map Legend 5 .4 I 3 mdt Co- r i IP t fiber E Trit.... •=___fl Exist t Street II k N f:_. 1 sar st 2 lilt 0s, Limits II 11 I' e o' I I; waterbodY 17 „s. X M.C., °•a E 1.a D februari 3. EXHIBIT B FRANCHISE AGREEMENT ACCEPTANCE FORi1'I TWTC Date: City of Tukwila City Clerk's Office 6200 Southcenter Boulevard Tukwila WA 98188 Re: Ordinance No. Adopted on Dear Ms O'Flaherty: In accordance with and as required by Section 4 of City of Tukwila Ordinance No. passed by the City Council and approved by the Mayor on (the "Ordinance tw telecom of washington, llc hereby accepts the terms, conditions and obligations to be complied with or performed by it under the Ordinance. Sincerely, Signature Printed Name and Title W: \Word Processing \Ordinances 1 ,tw telecom of washington llc Franchise Exhibit A doc ksn 05/19/2009 COUNCIL AGENDA SYNOPSIS 1LA yy (r.44 q� Initialr ITE'11I NO. Meetin Date 1 Pr are MYfa;�or's review 1 Council repienv O 1 05/26/09 1 JMr �'4 ii. 1 1 2 06/01/09 JM O A-a-. 1 ,1 1-.1 1 g. 90 I I ITEM INFORMATION CAS NUMBER: 09-066 1 ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITEM TITLE Ordinance for a time extension on the 35 Ave S Street Vacation CATEGORY Discussion El Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/26/09 Mtg Date Mtg Date Mtg Date 06/01/09 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD El Finance El Fire Legal P &R Police PW SPONSOR'S This ordinance will extend the expiration date for the Sound Transit street vacation SUMMARY located at 35 Ave S (at the Tukwila Int'I Blvd Station) to December 31, 2009. Sound Transit continues to work with WSDOT to clarify underlying rights to the street vacation and the current due date of April 30, 2009 was not sufficient time. Compensation is still $446,088.00. Council is asked to approve the ordinance extending the timeline. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte El Arts Comm. Parks Comm. Planning Comm. DATE: 05/18/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMII PEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT /`FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/26/09 Forward to next regular meetinrT 06/01/09 MTG. DATE ATTACHMENTS 05/26/09 Informational Memorandum dated 05/04/09 Draft Ordinance with maps Minutes from the Transportation Committee meeting of 05/18/09 06/01/09 Ordinance final form rOi .Z City ofTuicwi±a �!�T908 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SOUTHCENTER BOULEVARD (SOUTH 154Th STREET) FOR APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila and Sound Transit executed the Development and Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route Project on December 8, 2004; and WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including public notification, a public hearing, review and comment, and submittal of relevant information to City Council, all of which have been done; and WHEREAS, Sound Transit Link Light Rail proposes that a station be constructed at this location; and WHEREAS, 35th Avenue South has been right -of -way for more than 25 years; and WHEREAS, Sound Transit provided a real property appraisal from a member of the American Institute of Real Estate Appraisers in the amount of $446,088.00; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described in the ordinance title; and WHEREAS, foliowing conclusion of the public hearing, the City Council found the property should be vacated, subject to certain conditions; and WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2007; and WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2008; and WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 2203, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by October 31, 2008; and WHEREAS, on December 1, 2008, the City Council approved Ordinance No. 2214, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2009; and W \Word Processing Ordinances Sound Transit St Vac 35th Ave S.doc GLksn 5/28/2009 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2009, and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 23,891 square feet of 35th Avenue South, Winning southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35 feet, including the partial cul -de -sac bulb. B. This vacation is conditioned upon satisfaction, by December 31, 2009, of the following: 1. Provision of compensation for $446,088.00. 2. Provision of utility easement(s). 3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transit Way Agreement referenced herein. Section 2. Recording of Certified Copy. The City Clerk is hereby directed to record a certified copy of this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance. Section 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A Street Vacation 35th Avenue South, 3.40.62 W: \Word Processing Ordinances Sound Transit St Vac 35th Ave S.doc CLksn 5/28/2009 Page 2 of 2 Exhibit A Street Vacation 35 Avenue South 3.40.62 i ih il L aro roals I f. S 154 St i 1/ i .9 ..C.f. 0-‘73 ..4 .".15•S 1 4 ::::i •3...-.. 1 1 l Z Q 1 1 1871,5 I CCT ill (1)\' .0 11, Vacation Area 0 -1:7 I .7 I e= rer Z i .-6' .1 HOME i 4.9, I:7" 2t,550z f f I g w 3214p. I le 1 4 03-4 13 r^ s= mil 0..Ms 1.7, SR 5 1 8 NORTI 1 NW 1/4 SW 1/4 SEC 22, T 23 N, R 4 E; W.M. l i 4 f __,--s:/•:.-, ...-A--- _S,,---1-71 ••,../-Z. ....i■-a•-••::\-.. s.\ C 1 T ,,,N B S' .I. I/ 1 Alb 4,-..-• 7 '•Ia il a "Ns 4W- 1.- lc/. n I co43cooato I _4, ._14. 7 f 7: i;■ ,,'Ia sk, Ti I/ A, i 1 l I i 8 A__ 4... 1 VI :1--- k .....%-1, rf II 5 4 3 4 4 I .7.4 .5 n 1 r#1;u i ii -6(r 1 i i ,...ii i i 1.- 1 1 '1...--,- 1.• r i i T k ,e' s s, P 1 -1,i ..-r;' 1 I 0C4.100O303 I --1./ 1 t...A-- I, I i 'A..--k i .1-' N ,'t..-: j i i I i SCUM TRANS IT 1 1 1 g ---1 3 x r b i z:: j: -77-_,:: 2__4 k .....s• ...i.4 s 1/ i 1 1 1 1 1 7 I 1 1 I i r -4C. 1 i 7 I i I i 1 7 i 1 1 I I i I 1 I i I 401-- i i I i': 1`5,--- p..A. 1 4 1,- 1 7\4 1 1- i, I caszooa3o5 s i an3. 1 i i l 'il 1 I 1 _._-y p, i ii i il 1 sk, 1 4.4v. a 1 I i 1 i I I I 1 l I I I 1 1 1 i 1 i. 1 1 i i I 4- v 3„..14 I i I I ji I a m i I I/ i /2 r I 1 1 I I 1 1 1 i I I __\---.1 ,I 11,...4 i 1_,N.-- 1 k is 1 I I i 1 I I j 1 /I I If i jr 1 1 1 l' 1 ....A.,■ 1 .,A4 '1 i I i 1 I i I i ii 0 01 1 N i l 1 I _SIC43 i 1 y I I 17 I I 1 D i y I F.--- sOIND TRANS I T i's -_-i-- I i I i I 1 i i i I L. 1 5- i i 11 1 il 1 i -1 =r" II- I I 1 1 1•••••• h.-4 i• --1-- 1 s... r...:: s L......-'1 VPA./ 11 4 i'.... ii f 1 I CO li f 1 I N t It= 1 4 i ,i'' 5 I V LI i r."" I, 7- II; --.k- i' I •f 1 1 1 l s• i• :iN 1 ajr ,--k il .......k-i iv.,... t,..! g i "1 I 7 il i> t 004400330 i if c.7. r 1 J... it I i R, 1 i .1 II' i ll 6 r 1 i f /1 1 sato) TRANsiv i 1 cmhy:feci 07AY! i r 4 1\ 1..,..Z It' 3 7 r I/ 1 1 1 I v -r.),--<:' ii /Ay 0 fi i if r _i ,i 5,1-kr /A L i 1 I 1 ,1/ 7 1 s e" I i s I 3" i 1 -t I I -,NWI &IE.:* 4: \f21A9 4'' frf•a .t.:5 0 I 1 N 273041.21 1 I I -,----i 1 1 E 1380459.27 i I i 4._..f ----L SOUTKCENTER BOULEYARO 1 4. tr li -v L___./ -1-1 t I r NSW 1947 'W t I f----1 0- 143' -1 i I 0 25 50 100 SCALE I N FEET Drawing No,: Scots: L I NK LIGHT RA I L PROJECT ft...,---:'- 50.1 SOUTH CORRIDOR 1 Rename: 35th AVE _1157C e- im Con traVcAt V AC -35TH AVE 00UNDTRANSIT STREET VACATION EXHIBIT c 755 I sh!!t No.' o g-e-v.:- arrisdictkm Drawing No. rate: 3 6 /ne_ /n41 4 0- Z. COUNCIL AGENDA SYLvoPsIs 01LA 4 J 'q Irittair ITEM No. (c4)4 �4 Z Meeting Date 1 Prepared by 1 Mayor's review Courted re fiery t o zi 1 05/26/09 1 »j$' �I .4- I r 6 s 1 06/01/09 1 3M1 I 1 ,111_1.-/ 1 I 1 U 1 1 i- 1 2 1 I I I 1 ITEM- INFORMATION 1 CAS NUMBER: 09-065 'ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITEM TITLE 2009/2010 Overlay and Repair Program Construction Management Services CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing [1 Other Mtg Date 05/26/09 Mtg Date 06/01/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal PZ''R 11 Police PI/ SPONSOR'S Due to the large scope and complexity of the 2009/2010 Overlay Repair Program, as SUMMARY well as workload of in -house staff and quality control, an additional construction management consultant is proposed. Staff reviewed the MRSC Consultant Roster and Anchor -QEA was determined to be the most qualified. A cost of $216,085.00 has been negotiated, which is reasonable for the size and scope of this project. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/18/09 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMIIL Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $216,085.00 $300,000.00 $0.00 Fund Source: 104.02 ARTERIAL STREETS (PG. 20, 2009 CIP) Comments: MTG. DATE 1: RECORD: OF COUNCIL ACTION 05/26/09 1 Forward to next regular meeting 06/01/09 1 1 MTG. DATE 1 ATTACHMENTS 05/26/09 Informational Memorandum dated 05/19/09 (revised after TC) Consultant Agreement with Exhibits Minutes from the Transportation Committee meeting of 05/18/09 I I 06/01/09 No attachments 1 COUNCIL AGENDA SYNOPSIS ------------------------------ In itialr -------------------------------- ITElvI No. lv[eetillo Date Pre ared by LV LV LV LV Council review (p, O. 1- 04/13/09 04/20/09 OS/26/09 06 01 09 C\S Nl1~[HER: 09-041 I ORIGIN:\L AGENDA DXfE: APRIL 13, 2009 },(;I':ND.\ ITI':~[ TITLE Tukwila South Project t. \TI.:(;ORY ~ Dl:rmJJion Ie o kiotion o Resolution []] Ordina1lce o Bid AlVard o Public Hearing o Other I M{g Date ;tjO%~ Ai{g Date M{g Date M{g Da/P/ 1/09 M{g Dale M{g Dale MtgDale SI'O~SOR o Council !Xl Mqyor o /idm 5 VlT ODCD o Finance o r-"ire o Legal OP&R o Police DpW SI'( )NS( m's 4/13/09 - Introduction to Tukwila South Project and distribution of notebooks with background Sl'\L\L\RY material to Councilmembers for use in a series of work sessions and Council meetings. 5/18/09 and 5/26/09 - Public Hearings. The Council is being asked to consider and authorize the Mayor to sign the Development Agreement and approve land use actions, and ordinances I relative to the project. The review process for the upcoming work sessions will be discussed on 4/20/09. !RI':\'II':\VI':D R\' XX] COW Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte I o Utilities Cmte DArts Comm. o Parks Comm. o Planning Comm. I DATE: 5/26/09 RECOMMENDATIONS: SPONSOR/ Am.fIN. Mavor's Office/ Administration: recommend aooroval COl\f~fITrEE COST IMPACT I FUND SOURCE EXPENDITURI': REQUIRED AMOUNT BUDGETED ApPROPRIATION REQUIRED I $ $ $ ! I Fund Source: I COII/ments: i I MTG. DATE RECORD OF COUNCIL ACTION 04/13/09 Forward to the April 20 Regular Meeting to discuss and agree on the review process for the upcoming work sessions 05/18/09 Public Hearing Held i OS/26/09 F9rw~rd to 06/01/09 ReQular Meetinn to include strike-throunh aareernent MTG.DATE ATTACHMENTS 04/13/09 Distribution of notebooks to Councilmembers at the meeting I 04/20/09 Informational Memorandum dated 4/15/09 I 05/18/09 Memorandum dated 5/18/09; Draft Ordinance with Exhibits i Informational OS/26/09 Informational Memorandum dated 5/18/09; Draft Ordinance with Exhi bits (Please bring your Tukwila South notebooks) 06/01109 New Informational Memorandum dated 6/1/09 I T ~ innailC. ndum dated 4/18/09 II, Development Agreement in stri ke-through/under~!ine format, with Exhibits City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Lisa Verner, Project Manager DATE: June 1,2009 SUBJECT: Tukwila South Project: "Unwind" Language in 4 Ordinances for Tukwila South ISSUE 1) Adopt all nine Tukwila South Project-related Ordinances and Resolution on the same evening, pursuant to a City Attorney decision, and 2) Include new language for four of the ordinances addressing various aspects of the Tukwila South Project is proposed to rescind or "unwind" the ordinances if the Development Agreement is terminated. DISCUSSION 1) Upon review of the proposed language causing the four ordinances to expire if the Development Agreement is terminated (see #2 below), the City Attorney has determined that all of the Ordinances, including the Ordinance approving the Development Agreement, and the one Resolution on Tukwila South Project-related items should be adopted at the same meeting because the ordinances/resolution are intertwined and refer to each other. Since all of the ordinances/resolution have been forwarded and are on the Council's June 1 agenda and the June 1 meeting is a Regular Meeting where Council may take action, the Council has two options: . Discuss the Development Agreement and, as necessary, the other ordinances/ resolution at the June 1 Regular Meeting and forward all items to a Special Meeting on June 8 for a decision, OR . Discuss the Development Agreement and, as necessary, the other ordinances/ resolution at the June 1 Regular Meeting and take action on all items at the June 1 meeting. 2) The Tukwila South Project Development Agreement contains instances of language which calls for termination of the Development Agreement if certain actions are not taken or do not occur. The Development Agreement contains language terminating the Agreement if the annexation fails to occur or if the Corps of Engineers "404" permit is not issued. If this happens, there will not be any need for these four ordinances to adopt: . The Master Plan . Zoning Code Amendments, including the new TSO zone . The Shoreline Master Plan map amendment . Application of the Sensitive Area Master Plan Overlay designation INFORMATIONAL MEMO Page 2 Adding language to each ordinance to identify how it will terminate if the Development Agreement terminates is prudent. If the Development Agreement terminates, the property owner would need to start again negotiating with the City to meet the City's requirements for development. At that point, the property owner would decide whether to pursue development on a parcel-by-parcel basis or whether to pursue negotiations on a new Development Agreement. In either case, it's in the best interest of the City to not have ordinances which no longer serve a purpose or are not needed "on the books." Below is the language for revising the effective date and providing for termination for all the ordinances; the appropriate language has been added to the particular ordinance. FOR MASTER PLAN ORDINANCE: 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 upon the date on which all the property shown on the map attached hereto as "Exhibit B" is within the municipal boundaries of the City of Tukwila. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June _' 2009 (the "Development Agreement") regarding the property shown on the map attached hereto as "Exhibit B." If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. FOR ZONING CODE AMENDMENT ORDINANCE Application of Overlay Zone. The City Council hereby applies the TSO to the properties shown on the map attached as "Exhibit B" to Ordinance No. (which Ordinance adopts the Master Plan for the subject property) (the "Master Plan Property"). 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 upon the date on which all the Master Plan Property is within the municipal boundaries of the City of Tukwila. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June _' 2009 (the "Development Agreement") regarding the Master Plan Property. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. FOR SHORELINE DESIGNATION ORDINANCE (The title of this ordinance says it will be effective upon annexation.) 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 upon the date on which all the property set forth in "Exhibit A" is within the municipal boundaries of the City of Tukwila. W:\2009InfoMemos\TukwilaSouth6-1-09.doc INFORMATIONAL MEMO Page 3 FOR SAMP ORDINANCE 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 upon the date on which all the property shown on the map attached hereto as "Exhibit A" is within the municipal boundaries of the City of Tukwila. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated June _' 2009 (the "Development Agreement") regarding the property shown on the map attached hereto as "Exhibit A. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. RECOMMENDATION Recommend Council 1) include the language revising the effective date and providing for termination in 1) the Ordinance adopting the Tukwila South Master Plan, 2) the Ordinance Adopting the amendments to Title 18 Zoning Code, 3) the Ordinance adopting the Shoreline Master Plan map amendment, and 4) the Ordinance applying the Sensitive Area Master Plan Overlay, as provided in the revised Ordinances in this Agenda packet, and 2) adopt the Ordinances as a package at either the Council's Regular Meeting on June 1 or at a Special Meeting on June 8. W:\2009InfoMemos\TukwilaSouth6-1-09.doc City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 18, 2009 SUBJECT: Tukwila South Project Development Agreement ISSUE Review and approval of the Development Agreement for the Tukwila South Project. BACKGROUND The Council has received the draft Development Agreement dated April 15, 2009 with the Mayor's recommendation for approval. An introductory briefing for the Council was held on April 13, 2009 to include distribution of a notebook with Tukwila South Project documentation. Council work sessions have been conducted to review various aspects of the Development Agreement. The first work session was held on April 22,2009 and addressed the risk and financial aspects of the Development Agreement. The second work session was conducted on May 5, 2009 and addressed the infrastructure issues. The third work session was held May 12, 2009 and covered the parks and open space and development process issues. Additional work sessions are scheduled for May 19 and May 20, 2009 to finish review of the Development Agreement and to complete discussion on fiscal impacts and risk assessment. DISCUSSION RCW 36.708.170 through .210 authorizes cities to adopt development agreements and requires a public hearing prior to adoption. The public hearing on the Tukwila South Project Development Agreement is set for May 18, 2009. This will be the Council's opportunity to hear from members of the public regarding the proposed Development Agreement. While the public hearing will be conducted on May 18, discussion by the Council on the Development Agreement has been scheduled for the May 26,2009 Council meeting. At the May 26, 2009 meeting, another public hearing will be conducted to receive comments on the Tukwila South development regulations. These regulations are necessary if the Development Agreement is approved. Additionally, by the May 26 Council meeting, the work sessions on all aspects of the Development Agreement will be concluded. A discussion on both the Development Agreement and regulations, after all public comments have been taken and the work sessions have concluded, will allow a comprehensive review of the Tukwila South proposal. RECOMMENDATION The public hearing will be conducted at the May 18, 2009 Council Meeting on the Development Agreement and the ordinance authorizing the Mayor to sign the agreement. The Council is being asked to conduct deliberations on this issue after the public hearing on development regulations at the May 26, 2009 Committee of the Whole meeting. No action is required by the Council at the May 18, 2009 Regular Meeting except to hear public comments. ATTACHMENTS Draft Ordinance, to include the Development Agreement and Exhibits DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PlANT A LLC FOR THE TUKWILA SOUTH DEVELOPMENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. vVHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street/South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tubvila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the TukwiIa South Property; and WHEREAS, the City Council accordingly desires to enter into a Development Agreement with La Pianta LLC for the Tukwila South development; and vVHEREAS, a public hearing was held for this Development Agreement on May 18, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of .2009. ATTEST/AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attomey Attachment Exhibit A - Development Agreement W:\ Word Processing\Ordinances\ Tukwila South Development Agreement.doc LV:ksn OS/28/2009 Page 1 of 1 Exhibit A DEVELOPlVIENT AGREEMENT BY AL~D BETWEEN THE CITY OF TUKW1LA AL"\fD LA PIANTA LLC, FOR THE TUKWILA SOUTH DEVELOPMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of , 2009, by and between the CITY OF TUKWILA ("CITY"), a non-charter, optional code Washington municipal corporation, and LA PIANT A LLC, a Washington limited liability company ("La Pianta"). I. RECITALS ~WHEREAS, the "Washington State Legislature has authorized the execution of development agreements between a local government and a person having ownership or control of real property within its jurisdiction and between a local government and a person owning real property outside its boundaries as part of a proposed annexation, pursuant to RCW 36.70B.170 through RCW 36.70B.210. WHEREAS, La Pianta mvns or controls the "Tukwila South Proiect" (hereinafter defined) comprises approximately 512@ acres of real property, which site is shown on the vicinity map attached hereto as Exhibit L and La Pianta owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" and legally described in Exhibit 2. knovm as the "Tukwilu South Property" The Tubvila South Proiect is generally located between the boundaries of South.,. 178th Street.,./South 180th Street on the north; South.,. 204th Street on the south; OriHia Road and Interstate-5 on the west; and the Green River on the east. The site is 5ho'.'.'n on the vicinity map attached hereto as Exhibit 1 and as legally described in Exhibit 2, attached hereto. Approximately 259 acres will be annexed to the City pursuant to this Agreement. WHEREAS, the Tubvila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Gwwth Management Act, and the City's adopted Comprehensive Plan. The City will provide public services to the Tukwila South Property, with the exception of power and water. WHEREAS, La Pianta intends to develop the Tubvila South Property consistent with the Tubvila South Master Plan ("Master Plan"). The Master Plan envisions the creation of a major new employment and housing base on the Tukwila South Property. The plan calls for approximately ten million square feet of development that would be accommodated in a combination of campus style research and office environments with a mix of other supporting uses such as retail, residential, commercial, hotel and flex tech ("Tukwila South Project"). The Tukwila South Project will use the topographic and environmental constraints of the site to define the limits of its development area, as shown on Exhibit 3 ("Development Areas" and "Non-Development Areas"). The Tukwila South Project includes the extension of Southcenter - 1 - 05-28-09 Parkway in an alignment along the west edge of the valley floor ("Southcenter Parkway Project"); thus, functioning as the major transportation arterial through the site. The Tubvila South Project will also contain an integrated, internal circulation system of streets, sidewalks and pedestrian connections that link its various developments and will serve vehicles, cyclists and pedestrians. WHEREAS, La Pianta's goals for the Tukwila South Project are for a return on investment, quality public infrastructure and service, certainty regarding the costs and flexibility in how and when it develops. The City's goals in the development of the Tubvila South Property include implementing its comprehensive plan, producing positive economic impacts to the City and promoting environmental quality, mitigating financial risk for City funds, and mitigation ofproject impacts. .WHEREAS, a development agreement must be approved by ordinance or resolution after a public hearing. WHEREAS, a public hearing for this Development Agreement was held on _ and the City Council approved this Development Agreement by Ordinance _ on_. WHEREAS, this Agreement constitutes a fmal land use action pursuant to RCW 36.70C.020 and is subject to review pursuant to RCW 36.70C.I01 et seq. NOW, THEREFORE, in consideration of the mutual promises set forth herein and the long-term benefit to both the City and La Pianta, the parties hereby agree as follows: II. AGREEMENT 1. Project Description. The master-planned development to be sited on the Tubvila South Property in accordance with the terms and conditions of this Agreement as well as other applicable development regulations is called the "Tukwila South Project." As used in this Agreement, the term Tukwila South Project (or "Project") means the proposed development of the Tukwila South Property with a mix of uses, types and density of development, public and private infrastructure and amenities consistent with the Tubvila South Master Plan and this Agreement. 2. Zonin2: Approvals. 2.1 Com{Jrehensive Plan Designation. The Tukwila South Property is described within the "Tukwila South" element of the City's 1995 Comprehensive Land Use Plan, as amended ("Comprehensive Plan"). This includes both the portion of the property currently located within the City limits and the portion within the City's Potential Annexation Area ("PAA"). The City's Comprehensive Plan provides for use of a master plan in the Tukwila South district to guide and authorize development. La Pianta has submitted a Master Plan which - 2 - 05-28-09 identifies its development proposal. The City's Comprehensive Plan contemplates an overlay district for the property subject to the Tukwila South Master Plan. ? ? Master Plan Approval. In accordance with the City's Comprehensive Plan and TMC 18.40.075, the City approved the Tukwila South Master Plan on _,2009. This Master Plan covers approximately 498-512 contiguous acres and provides the vision and framework for the creation of a "campus-type environment" focused on office and research facilities for emerging technology industries, along with a mix of supporting retail, residential, commercial and flex-tech and hotel uses. The Master Plan is attached as Exhibit 4 to this Agreement and incorporated by this reference. The first phase of the Master Plan implementation will involve grading the entire site and installation of street and utility infrastructure. The approved Master Plan will remain in effect for the tIerm of this Agreement. The Master Plan may not be amended or superseded without the consent of both parties. In addition, A9:ny amendment to the master plan must follow the process for such amendments that is in effect at the time of the request. 2.3 Sensitive Areas Overlay and Master Plan. The City Council approved the designation of Tukwila South Property as a Sensitive Area Master Plan Overlay district on _, 2009. La Pianta has submitted for City review a Sensitive Areas Master Plan ("SAl\1P") for the Tukwila South Property. The Department of Ecology ("DOE") has issued a Section 401 water quality certification for the Tukwila South Property (Certification Order No. 2877, dated November 7, 2005) (the "401 Certification"). Pursuant to TMC 18.45.160.G.8, the City will review the SAl\1P to ensure it conforms to the conditions of the 401 Certification. If the SA1\1P conforms to the conditions of the 401 Certification and TMC 18.45.160, the Director of Community Development will take action to approve the proposed SAl\1P, pursuant to TMC 18.45.160.G, within 30 calendar days after the effective date of the annexation. The Sensitive Areas Overlay and associated SAlvIP require mitigation of impacts to sensitive areas associated with the Tukwila South Project through build-out. 2.4 Land Use Permit Process. The above referenced plans will be implemented in phases by a series of Land Use Permit Process applications. These include but are not limited to, applications for clearing and grading permits, tree permits, building permits, shoreline substantial development permits, development permits, design review approvals, conditional use permits, planned residential developments, and such other permits and approvals described in Chapter 18.104 of the TMC and necessary to authorize development and implementation of the Master Plan approval. The Land Use Permit process requires the applicant to demonstrate consistency with the requirements of the approved Master Plan, as implemented through the Tukwila South Overlay District described in Section 2.5 below. All land use fees not specifically addressed in this Agreement will be paid at the time of permit application or when otherwise due. 2.5 Application of Tukwila South Overlay District. Consistent with the Comprehensive Plan, the City has amended the Tukwila Municipal Code ("TMC") to adopt the Tukwila South Overlay District as Chapter 18.40, a copy of which is attached hereto as Exhibit 2. The purpose of the Tukwila South Overlay District is to encourage innovative uses, sites and comprehensive planning of large land parcels through a master plan. The Tukwila South - 3 - 05-28-09 Overlay contains the development regulations, including commercial design guidelines, that will apply to the Tukwila South Property. The City agrees to apply the Tukwila South Overlay District regulations to the portion of the Tubvila South Property within its P AA, after that area is am1exed to the City. 2.6 Shoreline Map Amendment. The City, by ordinance, has pre-designated a portion of the Tukwila South Project as "Tukwila Urban" under its Shoreline Master Program/Plan, TMC Chapter 18.44 ("SMP"). Upon completion of the annexation, the City shall, consistent with this development regulation, amend its SMP map to include the Tukwila South Property as urban. It is understood by the parties that this amendment is subject to the approval of the State Department of Ecology. The parties agree that this map designation does not vest La Pianta to any shoreline regulations under the SMP. 3. Allowable Development. 3.1 Maximum Allowable Development. Except as otherwise provided herein, the maximum allowable development in the Development Area of the Tukwila South Project shall be limited to a maximum development (including any mix of buildings and permitted uses) that does not generate more than 10,166 Net New Trips (as defined below) from onsite development and is limited to 10.3 million square feet of new building floor area ("Allowable Development"). For the purposes of determining Allowable Development, new "building floor area" shall include new floor area generating vehicle trips, but shall not include floor area that does not generate vehicle trips, such as parking areas and mechanical space. 3.2 Site Clearing, Grading and Coverage. Subject to the limitations of Section 3.5 below, (i) up to 100% of the Development Area, outside of sensitive area or shoreline buffers, may be cleared and graded, and (ii) in the Development Area, up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces. 3.3 Limit on Certain Uses. The following uses in the Tubvila South Project will be subject to the restrictions set forth in this Section 3.3: (a) Movie theaters with three (3) or fewer screens shall be a permitted use. Movie theaters with more than three (3) screens shall be treated as special permissionconditional uses (TMC 18.41.060). (b) Regional malls shall be a prohibited use. For purposes of this Agreement, "Regional Mall" shall mean an independent, retail complex of at least 500,000 square feet of building floor area (as that term is defined in Section 3.1 above) containing privately-owned indoor and outdoor walbvays for shoppers traveling to and from multiple retail uses. The square footage limitation under this definition shall be applied on a project-by-project basis, and shall not be applied to the Tukwila South Property as a whole. - 4 - 05-28-09 (c) No warehouse uses will be allowed in the Tuhvila South Project beyond what is in existence at the time of execution of this Agreement, and redevelopment of existing warehouses to warehouse use will not be permitted. Notwithstanding the foregoing, with respect to existing warehouse uses and buildings, La Pianta shall be entitled to undertake normal maintenance and repair, reconstruction in the event of casualty and condemnation, modifications necessary to meet current code requirements, and for each building, a one-time "minor expansion" (not exceeding 5% of building floor area). The City shall require special permission uses (TMC 18.41.060). conditional BSe-approval for such "minor expansions". 3.4 Expansion Areas. Several parcels that are not currently o\vned by La Pianta are located within the Project boundaries and are more particularly described and depicted in Exhibit Q. These parcels were included within the 49-&-512 acres analyzed in the Tukwila South EIS (hereinafter defined). The Tukwila South Overlay District regulations shall apply to these parcels if they are acquired and developed by La Pianta during the Term of this Agreement. Another parcel owned by La Pianta, hereinafter referred to as the "Arnold Parcel", also described in Exhibit 6, was not studied as part of the Tuhvila South EIS. La Pianta and the City acknowledge that the Tuhvila South Overlay District regulations shall apply to the Arnold Parcel, but that additional environmental review may be necessary when La Pianta elects to develop the Arnold Parcel. In the event that La Pianta desires to develop an Expansion Area under the Development Agreement, La Pianta shall provide (i) written notice to the City, (ii) evidence of its ownership or control of the Expansion Area(s) in question or the agreement by La Pianta and the owner(s) of the Expansion Area in question to subiect such area to the terms of the Agreement, and (iii) evidence that no further additional environmental analysis is required beyond that covered in the Tukwila South EIS for the development proposed. 3.5 Floodplain Development Review. Development in any areas of the Tuhvila South Property lying within a 100-year floodplain, as designated by the Federal Emergency Management Agency ("FEMA"), shall be subject: (i) to review by the City and/or agencies with jurisdiction to ensure that such development will not result in a "take" of any endangered species in violation of federal law; and (ii) to all laws and regulations governing development within such FEMA-designated 100-year floodplains that are in effect at the time of a complete development application (the "Floodplain Regulations"). The clearing and grading permit for initial, overall site development for the Tuhvila South Project ("Clearing and Grading Permit") shall be executed in accordance with the Floodplain Regulations, as applicable. Upon completion of the clearing and grading, subject to the Clearing and Grading Permit, and the Levee Modification, as defined herein, La Pianta will prepare for review by the City a Letter of Map Revision CLOMR:~) or conditional Letter of Map Revision ("CLOMR"). The City shall forward the LOMR or CLOMR, as applicable, to FEMA for review and when the LOMR or CLOMR is approved by FEMA, future building applications will not be subject to the Floodplain Regulations. 4. Parties Obligations Under this Agreement. - 5 - 05-28-09 This Agreement establishes certain roles and responsibilities for the development of the Tub-vila South Project, including but not limited to City commitments for partial funding and construction of certain public infrastructure improvements benefiting the Tub-vila South Project, as well as the community at large, and La Pianta commitments to participate in the funding of certain public improvements, to fund all private aspects of the development and to develop the Tub-vila South Property consistent with all applicable land use policies and regulations. 4.1 Annexation. Upon execution of this Agreement, La Pianta shall submit a signed 60% petition for annexation to the City of Tukwila for the portion of the Tub-vila South Property located within the P AA. The City will take all steps necessary to consider the annexation in a timely manner after submittal of a signed 60% petition. In the event that La Pianta fails to submit the 60% petition, the City may terminate this Agreement upon giving 14 days notice to La Pianta. Should the annexation fail to occur by December 31, 2009 (the "Outside Annexation Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Almexation Date shall automatically be extended for the period of any review of the annexation by the Boundary Review Board, if jurisdiction is taken, and/or the courts. For purposes of this Agreement, the "effective date of the annexation" hereunder shall be the date on which the ordinance of annexation of the Tukwila South Property adopted by the City Council is effective, final and unappealable. 4.2 Levee Modification and 404 Permit Approval. The City has submitted to the U.S. Army Corps of Engineers, Seattle District ("ACOE") an application for modification of the levee system in the Tub-vila South Property which will, among other things, permit the removal of the existing cross-levee structure at South 196th Street (the "Levee Modification"). La Pianta has submitted to ACOE an application for a Section 404 permit under the Clean vVater Act, to permit the grading, filling and development of the Tukwila South Property as contemplated in the Tukwila South Master Plan (the "404 Permit"). The parties will take all reasonable steps necessary to secure from the ACOE the issuance of the Levee Modification and the 404 Permit in a timely manner. If either the Levee Modification or the 404 Permit has not been issued by the Corps, and all appeal periods having passed with no appeals filed, by June 30, 2010 (the "Outside Approval Date"), this Agreement will terminate and all obligations herein will be extinguished. The Outside Approval Date may be extended by mutual agreement of the parties. As provided herein, the parties will place in the Escrow (as established under Section 4.8.4.6 below) all documents, payments and other undertakings required to be delivered prior to the Outside Approval Date. Upon approval of the Levee Modification and issuance of the 404 PermitIf this l\greement docs not terminate upon the Outside l\pproval Date as provided in this Section 1.2, fuen-the Escrow Agent (hereinafter defined) shall be instructed to release, deliver or record, as appropriate, all sums and documents held in escrow unless expressly provided otherwise in this Agreement. The City shall incur no costs for the maintenance of the new levee constructed as a result of the Levee Modification. Failure of La Pianta to secure maintenance for the levee prior to issuance of the Clearing and Grading Permit, shall result in denial of said permit. - 6 - 05-28-09 4.3 Southcenter Parkway Proiect. 4.3.1 Southcenter Parkway Proiect Design. The City shall, using grant funds secured for this Project, promptly complete the final design of the extension and relocation of Southcenter Parkway from S. 180th Street to S. 200th Street ("Southcenter Parkway Project" or "SCP Project"), including necessary sewer, water, stormwater, natural gas, power and telecommunications utility system improvements associated with this roadway improvement project (the "Final Design Plans"), as documented in the 90% drawings completed by David Evans and Associates dated September 2005 (the "90% drawings") and on file with the City. The City may use up to $300,000 of the grant funds identified in Section 4.3.7 below for the purpose of completing the Final Design Plans; any costs to complete the Final Design Plans in excess of $300,000 shall be borne by the City. The Southcenter Parkway Project will provide additional access to the Tukwila Urban Center and the Tubvila South Project. Except as set forth in this subsection, the Final Design Plans shall not materially deviate from the 90% drawings without the written consent of both parties. For the purposes of this Section, the Final Design Plans shall be deemed to "materially deviate" from the 90% drawings if the Final Design Plans include modifications to the 90% drawings that will result in a construction cost increase in the aggregate of more than $250,000. The Southcenter Parkway Project will not include the relocated South 178th Street improvements or the bike lanes as specified on the 90% drawings. 4.3.2 Land Dedication for Southcenter Parbvay Proiect. La Pianta agrees to dedicate, at no cost to the City, the land necessary to construct the Southcenter Parkway as depicted in Exhibit 7. La Pianta waives all credit for this dedication of land against any traffic impact fee assessed for the Project. In addition, La Pianta agrees to waive any claim for just compensation pursuant to RCW 8.12 and any claims under the Washington and Federal Constitutions in connection with the dedication of this right-of-way. La Pianta shall deliver +he a signed but undated statutory warranty deeds (free of all encumbrances and easements unacceptable to the City) for this land and a signed and dated right of way easement encumbering the same property described in the deed, in commercially reasonable form acceptable to the City,shull be deli':crcd to the Escrow no later than 5 days after the effective date of the annexation specified in Section 4.1. Upon receipt, the City shall record the right of way easement and retain the undated deed in Escrow until the City is prepared to vacate Frager Road/Southcenter Parbvay as provided in Section 4.10. Simultaneously with the transfer of the properties described in Section 4.10, the City shall cause the deed delivered by La Pianta into Escrow to be dated and recorded. If the deeds and the right of way easement are not delivered in the time specified by this Section, this Agreement will terminate. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. 4.3.3. Planning and Design \-Vork. La Pianta has provided the following planning and design services in connection with the Southcenter Parbvay Project: (i) Geotechnical reports and information; (ii) Survey, topographical maps; - 7 - 05-28-09 (iii) As-built survey of utilities; (iv) Legal description of final right -of-way; (v) Plans and designs for wetland and stream mitigation, including plans for land, cost of restoration, permitting, on-going maintenance and monitoring; (vi) 30% design work; and (vii) Plans and designs for temporary stormwater detention and treatment for Southcenter Parkway Project during construction, and permanent stormwater detention and \-vater quality facilities for Southcenter Parkway and South 200th Street as more particularly described in Sections 4.3.5 and SA. 4.3.4 HighlinelPSE/Southcenter Parkway Costs. La Pianta shall obtain power and gas utility service for the Tukwila South Project from Puget Sound Energy ("PSE") and water service from the Highline Water District ("Highline"). La Pianta shall pay for all costs related to the design and construction of Highline Water systems and PSE systems for the Tuk\vila South Project (not including costs for which PSE and Highline are responsible for undergrounding and relocation of existing systems, as described herein). The City shall cause Highline to relocate its existing water system facilities pursuant to its franchise agreement with the City. The City shall cause PSE to relocate and underground existing power and gas system facilities pursuant to its franchise agreement with the City and applicable tariff. Any costs or fees assessed to the City by those utilities for invoking either of the franchise terms discussed in this Section shall be paid to the City by La Pianta within 30 days of invoice. 4.3 A.l Highline vVater. The City will include the work for the relocation and upgrade of the Highline Water system utilities in its SCP Project bid as a bid additive (the "Highline Work"). The Highline Work will be accounted for and invoiced separately from the SCP Project. The City shall enter into an agreement with Highline pursuant to which Highline shall reimburse the City for the cost of the Highline Work. La Pianta shall enter into a separate agreement with Highline pursuant to which La Pianta shall reimburse Highline for La Pianta's portion of the costs of the Highline Work. Pursuant to Section 4.8A of this Agreement, La Pianta shall provide the City with a letter of credit in the amount of 110% of La Pianta's portion of the estimated cost of the Highline vVork as security for payment of those associated costs. In the event that Highline fails to reimburse the City, pursuant to the terms of the agreement between the City and Highline, for La Pianta's portion of the cost of the Highline Work, the City may draw upon the letter of credit as provided in Section 4.8.4. In addition, La Pianta shall provide the City with a copy of La Pianta's agreement with Highline and evidence of timely payments to Highline thereunder. 4.3.4.2 PSE. The City will exclude the work for the PSE power and gas utilities from the SCP Project bid. PSE will provide the specifications for such power and gas utility work to serve the Tukwila South Project (the "PSE Work"), which will be constructed in coordination with the SCP Project. The PSE Work will be conducted by third parties on behalf of PSE. The bid documents and the final construction contract for the SCP Project shall include a "cooperation clause," requiring cooperation and communication between the City (and the - 8 - 05-28-09 City's contractor on the SCP Project) and PSE or PSE's designee uny contractor undertaking the PSE Work. La Pianta shall indemnify and defend the City against delay claims made by the City's contractor for the SCP Project because of the PSE Work. La Pianta shall pay (i) PSE directly for La Pianta's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 85, and (ii) the City directly for the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74. La Pianta's obligation under this Section 4.3.4.2 shall be secured by an irrevocable standby letter of credit in the amount of 110% of the City's estimated share of the PSE Work, naming the City as beneficiary as provided in Section 4.8.4. In the event that La Pianta fails to pay the amount due under this Section 4.3.4.2 within thirty (30) days of demand by the City, the City may draw upon the letter of credit as provided in Section 4.8.4. 4.3.5 Southcenter Parbvay Storm Drainage. La Pianta shall provide, at no cost to the City, sufficient capacity for all drainage from the Southcenter Parkway Project within the regional stann drainage facilities more particularly described in Section 5.4 to be constructed by La Pianta as pmi of the permanent stormwater drainage facilities for the Tukwila South Project. La Pianta shall provide easements granting the City the right to discharge stormwater from Southcenter Parkway and South 200th Street to La Pianta's regional stormwater facilities. La Pianta covenants that the regional stormwater facilities will be sized to accommodate stormwater run-off from the Tubvila South Project, including Southcenter Parbvay, South 200th Street and all other development proposed as part of the Tubvila South Project. The stormwater system includes a "South Facility" and a ''North Facility", both as defined in Section 5.4 below. 4.3.5.1 South Facility. Easements and stormwater facilities for the South Facility may, at the discretion of La Pianta, be temporary, provided however, that except as provided in Section 4.3.5.3 below, La Pianta shall: (i) provide permanent, no-cost easement and stormwater facilities in the South Facility prior to the issuance of the first construction permit for a new building development in the Tukwila South Project; and (ii) ensure that the South Facility will be operational and ready for use prior to the completion of the Southcenter Parkway Project. 4.3.5.2 North Facility. At La Pianta's option, stormwater to be treated in the North Facility may be piped to the South Facility for treatment and discharge on an interim basis. The development of the North Facility shall occur prior to the date on which the capacity of the South Facility is fully utilized. 4.3.5.3 WSDOT/FHW A Approval. Immediately upon execution of this Agreement, the City shall amend its submissions to \VSDOT/FHW A to describe the storm drainage plan for the Southcenter Parbvay Project that is more particularly set forth in Section 5.4, and shall request approval for such change. La Pianta shall cooperate in good faith to provide all necessary documentation reasonably necessary to secure \VSDOT's approval of such stormwater plan for Southcenter Parbvay. In the event that the stormwater plan for Southcenter Parkway described in Section 5.4 is not approved by \VSDOT/FHW A, the City shall construct the stormwater ponds described in its original proposal to WSDOT, for treating and detaining stormwater runoff from Southcenter Parkway and South 200th Street. In such case, La Pianta shall, 'within thirty (30) days of the City's written demand therefore, grant at no cost to the City - 9 - 05-28-09 temporary easements necessary to construct the stormwater ponds needed to accommodate the stonnwater nm-off from Southcenter Parkway and South 200th Street that was described in the City's original SCP Project proposal to WSDOT. The easement agreements shall provide that at such time La Pianta completes the South Facility and it is available to accommodate the run-off from Southcenter Parkway and South 200th Street, the temporary easements shall terminate and shall be replaced by permanent easements to the South Facility. 4.3.6 Southcenter Parkway Bidding/Construction. Upon the issuance of the 404 Pem1it contemplated in Section 4.2, the City shall be responsible for the bidding and construction of Southcenter Parkway ("Southcenter Parkway Project"). The City shall request formal bids from contractors for the construction of the Southcenter Parkway Project as soon as all necessary approvals and permits have been received. This Agreement is premised on the assumption that the project costs for the Southcenter Parkway Project (including the up to $300,000 allocated to completion of the Final Design Plans under Section 4.3.1 above) will not exceed available financing in the amount of $26,800,928 ("Construction Cost Cap"). The total project cost of the Southcenter Parkway Project ("Total Project Cost") shall be the lowest responsible bid received by the City, and shall allow and include up to a 15% construction management allowance and a 15% project contingency allowance. For the purpose of determining whether the Total Project Cost exceeds the Construction Cost Cap, the Total Project Cost shall not include the costs for the Highline \Vork and PSE Work (which costs shall be paid by La Pianta and the utilities as provided in Section 4.2.4), and shall not include the City's costs for its employees in connection with or related to the management and/or supervision of the construction of the Southcenter Parkway Project, which costs the City shall bear. The City shall use commercially reasonable efforts to minimize the Total Project Cost of the Southcenter Parkway Project. For purposes of this Agreement, "commercially reasonable efforts" means the actions normally taken to reduce costs for any City project. If the Total Project Cost exceeds the Construction Cost Cap, the City shall have no obligation to construct the Southcenter Parkway Project unless La Pianta gives written notice as provided herein to the City that La Pianta shall pay such difference ("Project Cost Differential"). In such case, the City shall send written notice to La Pianta of the Project Cost Differential, and La Pianta shall, within 15 days of receipt thereof, give the City written notice of whether La Pianta elects to pay the Project Cost Differential. If La Pianta elects to pay the Project Cost Differential, then La Pianta must provide the City cash security for such amount ("Cash Security") also within the 15 days. Provided that La Pianta timely provides the City such notice and Cash Security, the City shall promptly execute a construction contract for the Southcenter Parkway Project. If La Pianta does not timely provide the City with the notice and/or the cash security, the City shall reject all bids and this Agreement shall immediately terminate without further action required by any party. If La Pianta pays the Project Cost Differential, the City agrees to utilize the funds within the Construction Cost Cap prior to utilizing the Cash Security. Should any Cash Security remain after completion of the Southcenter Parkway Project, said remainder shall be refunded to La Pianta within thirty (30) days after final acceptance of the Southcenter Parkway Project. In the event of cost overruns in excess of the Total Project Cost (including Cash Security for the - 10 - 05-28-09 Project Cost Differential), the City shall promptly notify La Pianta, and La Pianta shall provide additional Cash Security equal to or greater than the amount of any overruns within ten (10) days of invoice. Upon completion of the Southcenter Parkway Project, if state or federal auditors identify any charges that fall outside the scope of work, excluding mutually agreeable chang(t orders and agreed to modifications to the scope of work, for the Southcenter Parkway Project, La Pianta shall be entitled to a refund for those sums identified within thirty (30) days after completion of said audit( s). 4.3.7 Southcenter Parkway Financing. The City shall use $18,530,345.00 in state and federal grant money secured for the cost of design and construction of Southcenter Parkway Project. The City shall also utilize limited tax general obligation debt ("General Obligation Bonds") or other financing mechanisms to finance up to $8,250,000.00 dollars toward the construction of the Southcenter Parkway Project. In the event that any state or federal grant funds are withdrawn from the Southcenter Parkway Project prior to the Outside Approval Date (as defined in Section 4.2), the parties will use best efforts to seek replacement grant funds ("Replacement Funds"). If the parties are unable to secure commitments for such Replacement Funds by December 31, 2010, then this Agreement will immediately terminate, all obligations hereunder will be extinguished, and the Escrow shall be terminated. In the event that any additional state or federal grant funds, debt or credit enhancements, including but not limited to interest rate reductions, tax credits or reimbursements, and which are not Replacement Funds, are provided to the Southcenter Parkway Project, the parties shall equally share the economic benefit of such additional measures. 4.3.8 Closure of Southcenter Parkway and Frager Road. The City shall close the existing Southcenter Parkway and Frager Road from South 180th Street to South 200th Street during the construction phase of the Southcenter Parkway Project, except for local traffic, and agrees that La Pianta can use the roadway for project purposes, without compensation to the City or the need for issuance of right-of-way permits, provided that La Pianta maintains the roadway during that period of time and La Pianta's use does not umeasonably interfere with use for local traffic. La Pianta shall ensure that local traffic may access their properties from the north access point to Tukwila South. The City acknowledges that a certain portion of Frager Road and the existing stOlIDwater pond near South 200th Street shall be permanently closed and removed upon issuance of a grading permit to La Pianta for the purpose of constructing the :":Green River eOff- eChannel hHabitat mitigation aArea.: Provided that vVSDOT approval for stormwater plan is granted pursuant to Section 4.3.5.3, the City shall permit La Pianta to use said portions of the right of way and existing detention pond for such purpose prior to conveying ownership of such parcels to La Pianta pursuant to Sections 4.10 and 4.11, provided however, La Pianta shall indemnify and hold the City harmless for any claims or damages because of or arising out of La Pianta's use or possession of this land, except to the extent caused by the negligence of the City, its employees or agents. Before commencing the construction of the Green River Off- Channel Habitat Area, La Pianta shall provide temporary detention of stormwater from South 200th Street in place of the removed stormwater pond until the South Facility is complete and operational. - 11 - 05-28-09 4.4 Sanitary Sewer System. As outlined in the Tuk\vila South EIS, additional sewer capacity may be required to serve the Tuk\vila South Project, as the Project develops. Sewer Lift Station #2 may need to be upgraded to create sufficient pumping capacity; and the force sewer main along Andover Park \Vest from Minkler Ave to Strander Blvd (the "Force Sewer Main") may need to be upgraded to provide sufficient capacity to carry the additional flows generated by the Tukwila South Project. If at any time during the tIerm of this Agreement, a capacity analysis of the system shows that any of the Sewer Lift Station #2, the Force Sewer Main, or any other facility within the City's sanitary sewer system necessary to provide service to the Tuk\vila South Property (each a "Facility") is at 80% or more of its capacity, then the City shall promptly initiate its standard process of planning, financing and construction for improvement to the Facility (or more than one) necessary to provide adequate sanitary sewer service to accommodate the Allowable Development. The City will finance the construction of the Facility through bonds or any other source of City capital funding and/or through connection fees, sewer rates or other charges to be paid by all the benefited ratepayers. If the City elects to form a Utility Local Improvement District ("ULID") or other special district to pay for the Facility, La Pianta shall execute a No Protest ULID Agreement for the formation of an ULID to provide improvements to the sanitary sewer system as outlined herein. The No Protest agreement shall be in a form acceptable to the City. La Pianta shall be responsible for paying citywide sewer system connection charges and fees at the time of each building permit application, subject to the terms of any applicable No Protest Agreement as described herein and La Pianta's participation in any UUD or special district assessment. Construction of the sewer lines serving the Tuk\vila South Property will be included in the cost of the Southcenter Parkway Project, and therefore a portion of the cost of the sewer improvements will be funded by sources other than the City. La Pianta or Parcel Builders (hereinafter defined) shall pay sewer connection charges based on the total project cost. Each sewer connection charge paid by La Pianta or a Parcel Builder shall be credited to La Pianta as 0 &M -Revenue pursuant to Section 4.8.3. 4.5 Parks and Open Space. 4.5.1 Bike/Pedestrian Trail. Within thirty (30) days of the effective date of the annexation, La Pianta shall donate to the City an 11 foot "vide easement for a north-south trail system through the Tukwila South Property from S. 180th Street to S. 204th Street, provided however, that the City shall not permit the public to use the easement area until the later of: (i) three (3) years after the conveyance of the easement, or (ii) completion of initial site grading and the Green River eOfC -eChannel hHabitat aArea, but not later than four (4) years after the conveyance of the easement. The width of the easement shall be 14 feet or such greater width as may be required under the City's Shoreline Master Program. The easement shall be delivered into the Escrow. The bike/pedestrian trail shall be located along the Green River within the -l-4- fuet-crown of the levee. When the new levee is constructed, as contemplated by this Agreement, the easements will be revised to follow the crown of the new levee configuration. La Pianta waives any credit for this donation against any future park impact fee assessed against the Project and waives all claims for just compensation pursuant to RCW 8.12 and State and Federal - 12 - 05-28-09 Constitutions. La Pianta shall not be responsible for costs of construction or maintenance of any improvements within the trail easement. La Pianta will develop and submit to the City for approval a plan for trails and bike/pedestrian connections within the Tukwila South Property. The Plan will identify the general goals and objectives of a system of pedestrian connections for the Tukwila South Property and will identify possible locations for ~eight (8) 14 foot wide pedestrian corridors and connections from the bike/pedestrian trail described above through the Tuk:\vila South Property, in locations approved by La Pianta, to off-site pedestrian trails and City rights-of-way. The eight locations will include the City's existing trail connection points at South 180lh Street, South 200lh Street and South 2041h Street. La Pianta will complete this plan and submit it for approval to the Parks and Recreation Director by December 31, 2011. 4.5.2 Green River Pedestrian Bridge. La Pianta shall be responsible for $500,000.00 toward the cost of construction of a pedestrian bridge across the Green River to the Green River Trail and Briscoe Park (the "Bridge"). Any additional cost for this bridge project and all permitting obligations shall be the responsibility of the City. Within thirty (30) days of the date the City notifies La Pianta that the City will make application for a grant or grants for any portion of the cost of construction of the Bridge, La Pianta shall provide to the City a letter of credit in the amount of $500,000 pursuant to Section 4.8.4.3 of this Agreement. The letter of credit shall have a term of one (1) year (or less than one year in the initial year, as set forth in Section 4.8.4.4) and shall be renewed until the $500,000 payment is made to the City. In the event that La Pianta fails to pay $500,000 to the City within thirty (30) days of the date the City notifies La Pianta that any grant(s) have been awarded to the City, which grants, together with other funds available to the City, will underwrite the full cost of construction of the Bridge, the City may draw upon the letter of credit as provided in Section 4.8.4. The City will use best efforts to obtain full funding to provide the additional funding necessary to complete construction of the Bridge project. If the City is unable to obtain grant funding for construction of the Bridge within five (5) years of the date of this Agreement, then La Pianta shall pay $500,000 in cash to the City within thirty (30) days after such date, or the City may thereafter draw upon the letter of credit as provided in Section 4.8.4. If the City is unable to secure adequate funding for the Bridge, the City may utilize the $500,000.00 for general park facilities within the Tukwila South area. La Pianta waives credit for this donation against any future park impact fee assessed for the Tukwila South Project and waives any claim for just compensation pursuant to RCW 8.12 and the State and Federal Constitutions. The City and La Pianta acknowledge that construction of the Bridge will occur after December 31, 2012 when significant development has occurred within the Tukwila South Project. Prior to commencement of construction of the Bridge project, La Pianta shall grant to the City an easement in commercially reasonable form on a portion of the Tuk:\vila South Property for the purpose of installing and maintaining bridge supports and touchdowns (the "Bridge Easement"). The area of the Bridge Easement shall not exceed 3,000 square feet and shall be located subject to mutual agreement of the parties, provided such location shall be within the river buffer of the City's Shoreline Master Program. If the City has obtained funding and is commencing construction of the bridge, La Pianta shall grant the Bridge Easement within thirty (30) days of the City's request. - 13 - 05-28-09 4.5.3 Donation of Levee Easements. La Pianta will grant permanent easements, at no cost to the City, on property under its ownership, to the City of Tukwila for improvements to the City's levee system on the west side of the Green River. The easements will be sized to accommodate (i) an overall slope gradient of 2.5: 1 on the river side of the levee from S. 1961h Street to S. 204lh Street; (ii) a slope gradient of 2: 1 on the landward side of the levee from S. 1961h Street to S. 204lh Street and on both sides of the levee from S. 180lh Street to S. 1961h Street and (iii) a 14-foot-wide levee crown. In each case, the easement area to be granted will commence at the waterside toe of the existing levee. If levee improvements are made before redevelopment in the existing Segale Business Park, the levee improvements shall not unreasonably interfere with La Pianta's use of the existing Segale Business Park. "Unreasonably interferes" shall be deemed to include, without limitation, any restriction on the use of the existing buildings or the paved areas around them. If it is determined that additional easement area is needed, the City will negotiate with La Pianta or take necessary legal action to acquire the additional easement. The easements referenced in this section shall be delivered to the Escrow within thirty (30) days of the effective date of the annexation. 4.6 Fire Service. 4.6.1 V oluntarv Fire Impact Fee. Pursuant to RCW 82.02.020, La Pianta agrees to voluntarily pay a fire service Mmitigation Ffee of $0.50 per square foot for commercial/industrial development and $500.00 per dwelling unit for residential development. If the City adopts a fire impact fee pursuant to RCW 82.02 or other enabling legislation, those impact fees will apply to the Tukwila South Project, replacing the fee set forth above, and will be assessed at the time of building permit issuance. In either case, La Pianta will not be assessed an impact fee for new development which replaces existing building square footage, currently served by Tuhvila Fire, if redeveloped. 4.6.2 Donation of Land for Fire Station. La Pianta shall donate to the City up to three (3) acres of undeveloped land along Southcenter Parkway south of South 180lh Street for future use as a fire station. The location of the specific property must be mutually acceptable and the property shall meet the following criteria of the City: (1) Able to accommodate a 25,000 gsf building, parking and outdoor storage (more specific detail will be provided by the City's architect no later than 180 days after execution of this Agreement); (2) level topography; (3) rectilinear site; (4) clear title (i.e., subject to liens and encumbrances approved by the City, created under this Agreement, or which are not inconsistent with the City's intended use); (5) soils capable of bearing the load of the proposed fire station without shoring, bracing, piling, or other extraordinary construction methods, and containing no hazardous substances; (6) direct access onto an arterial street; (7) located in the vicinity of S. 180lh Street, but outside the shoreline environment. La Pianta shall transfer such property to the City in its as-is, where-is condition, without warranties other than good title. No credit will be given against any fire impact fee for this land donation. The parcel will be identified and agreed upon, and the deed therefore shall be delivered to the Escrow, prior to the City Council's adoption of the ordinance vacating existing Frager Road, as provided in Section 4.11 below. La Pianta will be responsible for all closing and escrow costs associated with this land donation. La Pianta waives any credit - 14 - 05-28-09 for this land donation against any fire impact fee assessed under the Tukwila Municipal Code. For the purpose of the real estate excise tax, the City acknowledges that the transfer of property pursuant to this section shall be for a "public use in connection with the development of real property" as provided under WAC 458-61A-205. The City agrees to cooperate with La Pianta to implement modifications to the boundaries of the fire station parcel (prior to commencement of construction of the fire station) to promote logical development of adjacent lands by La Pianta, as long as such modifications are consistent with the parameters set forth above. 4.7 Impact Fees. Nothing in this Agreement shall preclude the City from assessing . duly enacted impact fees to this }:}Eroject at the time of building permit issuance. 4.8 City Revenues and Costs; La Pianta Financial Guarantees. 4.8.1 Operations and Maintenance Services. Pursuant to the protocols set forth in Section 4.8.3, the City will track the following revenue generated from the Tukwila South Property (including all use and development thereon): sales tax, real estate excise taxes, utility taxes, franchise fees, business license revenues, commercial parking taxes, hoteVmotel tax, admission tax, where those taxes and/or fees are paid by the owners of property or businesses developed as part of the Tukwila South Project (collectively, the "O&M Revenue"); provided, however, that if the iN ashington State Department of Revenue begins to report liquor excise taxes, motor vehicle excise taxes and/or fire insurance premium taxes in such a way that they can be identified as having been generated from the Tubvila South Property, then each of those taxes that is so reported shall be included in O&M Revenue. The O&M Revenue will not include any increase in property tax revenue from the Tukwila South Property, or any revenue from any business or land use existing or in operation on any portion of the Tukwila South Property as of the date of this Agreement. The City will also track expenditures related to providing operations and maintenance public services to new development within the Project and pre-construction expenses related to the Project, including vvithout limitation, the provision of police, fire, public works and parks services allocable to new development at Tubvila South, the pro-rata capital costs for such services (not covered by impact fees), and the pro-rata operations and maintenance expenses related to the Southcenter Parbvay Project once completed (collectively, the "O&M Expenses"). The City covenants to use commercially reasonable efforts to minimize the O&M Expenses during the Term of this Agreement (i.e., the same efforts the City uses to minimize its O&M Expenses city-wide). On or before March 31, 2010 and each March 31 thereafter, the City shall provide to La Pianta an Annual Statement (hereinafter defined). If for any year the Annual Statement shows that O&M Expenses have exceeded O&M Revenue, La Pianta shall pay the difference to the City within thirty (30) days of receipt of the Annual Statement ("O&M Guarantee"). If for any year the Annual Statement shows that O&M Revenue has exceeded O&M Expenses, the City is not prohibited from using the excess funds for general City purposes. - 15 - 05-28-09 If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shmvs an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.1, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. La Pianta's total obligation under this section 4.8.1 shall be limited to $12,000,000. 4.8.2 General Obligation Bonds and Increased Property Tax Revenues. Pursuant to the protocols set forth in Section 4.8.3, the City shall track the Increased Property Tax Revenues from the Tukwila South Property. For the purposes of this section, "Increased Property Tax Revenues" shall mean the property tax revenue attributable to that property annexed to the City of Tukwila pursuant to this Agreement. If any Annual Statement shows that the Increased Property Tax Revenue in that year is less than the annual debt service for the General Obligation Bonds in that year ("Debt Service Shortfall"), then La Pianta shall pay to the City within thirty (30) days of receipt of the Annual Statement a sum equal to the Debt Service Shortfall. However, notwithstanding the foregoing, (a) the City shall be responsible for debt service on the first $6,000,000 of bonds, and (b) La Pianta's yearly obligation under this Section 4.8.2 shall not in any year exceed a sum equal to the difference between the total annual debt service on the General Obligation Bonds in that year minus the debt service on $6,000,000 of those bonds in that year. If, for any year, the Annual Statement shows that Increased Property Tax Revenue has exceeded the City's annual debt service for the General Obligation Bonds in that year, the City is not prohibited from using the excess funds for general City purposes. For example, if the City issues General Obligation Bonds totaling $7,000,000, the City will be responsible for the first six-sevenths of the debt service ($6,000,000 divided by $7,000,000) in each year, whether or not the Increased Property Tax Revenues are sufficient to fully provide for that portion of the debt service. If there is no Debt Service Shortfall in a given year, the City will be responsible for all of the debt service in that year. If, in this example, however, there is a Debt Service Shortfall in a year, then for that year La Pianta will be responsible for the Debt Service Shortfall up to one-seventh of the debt service on those General Obligation Bonds and must make a shortfall payment to the City in that amount. In no event will the City issue more than $8.25 million of General Obligation Bonds. If La Pianta requests an audit of an Annual Statement pursuant to Section 4.8.3, it shall nonetheless pay to the City any amount shown to be due by the Annual Statement within thirty (30) days of receipt of the Annual Statement, and if the audit shows an error in the Annual Statement then the City shall refund to La Pianta any sums it has paid that were not due pursuant to this Section 4.8.2, or La Pianta shall make any additional payment due, in either case within thirty (30) days of the Accountant's decision. - 16 - 05-28-09 4.8.3 Proiect Revenue/City Expendihlres - Protocols. Within thirty (30) days of execution of this Agreement, the parties will meet and confer regarding the development of accounting protocols for tracking Project revenue and City expenditures related to the Tukwila South Project, as required under this Section 4.8. 'Within thirty (30) days of said meeting, the parties shall retain the services of a mutually agreeable certified public accountant with expertise in municipal accounting (the "Accountant"). .With the assistance of the parties, the Accountant will develop protocols for tracking revenue and expenditures consistent with the terms of this Section 4.8. The protocols will be developed and will be reduced to writing in the form of a memorandum of understanding signed by both parties within one hundred eighty (180) days of the retention of the Accountant. Each party will share equally the cost for the Accountant's services outlined in this section. In the event that the parties do not execute the memorandum of understanding documenting the accounting protocols within one hundred eighty (180) days of the retention of the Accountantdate of this Agreement, this Agreement shall terminate. On or before March 31, 20 10 and each March 31 thereafter, the City shall prepare a statement ("Annual Statement") showing the O&M Revenue, O&M Expenses, O&M Guarantee, the Increased Property Tax Revenues, the annual debt service for the General Obligation Bonds, any Debt Service Shortfall, and the portion of any Debt Service Shortfall which La Pianta has guaranteed under the terms of this Agreement, consistent with the protocols set forth in the memorandum of understanding. If La Pianta questions the City's determination of any of the items set forth in the Annual Statement for the prior calendar year, La Pianta may request an audit of the disputed matter from the Accountant who developed the protocols, or his or her designee. Within thirty (30) days of La Pianta's request, the Accountant shall review the Annual Statement and La Pianta's dispute therewith, and render a decision based on generally accepted governmental accounting practices, the protocols, and the terms of this Agreement. The Accountant's decision shall be final and binding on the parties, excepting manifest error by the Accountant. The parties agree to cooperate in good faith with the Accountant concerning any requests for information or documentation to resolve the issue. If there is a variance of 10% or more between the Accountant's decision and the City's determination of revenue or expenditures, the City shall pay the cost of the audit. If the variance is less than 10%, La Pianta shall pay the cost of the audit. 4.8.4 Security for La Pianta's Financial Guarantees. 4.8.4.1 O&M Guarantee. 4.8.4.1.1 O&M Collateral. La Pianta's obligation under Section 4.8.1 (not to exceed $12,000,000) shall be secured during the Term of this Agreement by collateral comprised of: (i) an irrevocable standby letter of credit naming the City as beneficiary ("O&M LC"), and (ii) a first-lien deed of trust on Building No. 931 located in Segale Business Park, which is currently occupied by Qwest Communications Corporation ("O&M Deed of Trust"). If La Pianta fails to pay timely any amount due under Section 4.8.1, the City may draw upon the O&M LC anc1/or foreclose on the O&M Deed of Trust as provided in this Section 4.8.4. - 17 - 05-28-09 4.8.4.1.2 O&M LC. (a) The O&M LC shall be in the form, and meet the requirements, set forth in Section 4.8.4.4 below. The O&M LC shall be in the sum of $6,000,000 and shall;::;_be delivered to the Escrow Agent following Boundary Review Board action on the annexation described in Section 4.1 but no later than 10 days before the date on which the City Council is scheduled to take final action on the annexation at a public meeting. To the extent La Pianta makes any payments to the City under the O&M Guarantee, then the amount of the letter of credit shall be reduced by 50% of the total of such payments, and the credits set forth in Section 4.4, except that the amount of the O&M LC shall not be less than $2,000,000 at any time during the Term. The amount of the O&M LC shall be determined ammally pursuant to the foregoing upon renewal. If a longer term O&M LC is provided, the amount shall be recalculated annually on the anniversary of the initial issuance date and may be adjusted at that time. If La Pianta is not required to make any payments to the City under the O&M Guarantee, then at any time, and from time to time, during the last five (5) years of the Tenn, the parties may agree to a reasonable reduction in the amount of the O&M LC, taking into consideration the remaining Term of this Agreement, the historical receipt of O&M Revenue by the City, the likely obligation of La Pianta pursuant to the O&M Guarantee, the security provided under the O&M Deed of Trust, and all other relevant factors. (b) Failure of La Pianta to provide and maintain the O&M LC at the time and in the amount required by this Section 4.8.4.1, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion of the O&M Guarantee obligation represented by the amount of the O&M LC, draw on the O&M LC, and deposit the amount drawn ("O&M Deposit") into an escrow account with the Escrow Agent described in Section 4.8.4.6 (the "Escrow Agent"), except that in the case of a failure to provide a replacement of the O&M LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the O&M LC. The City may subsequently draw upon the O&M Deposit if La Pianta shall default on its obligations under the O&M Guarantee. If the City shall draw on the O&M Deposit at any time during the Term ofthis Agreement~ La Pianta shall, within 30 days of notice by the City, restore the O&M Deposit to the amount required at the time the O&M Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the O&M LC, and the City's remedy for failure to provide the O&M LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.1.3 O&M Deed of Trust. (a) The remaining $6,000,000 of La Pianta's total potential liability under the O&M Guarantee shall be secured by the O&M Deed of Trust. The O&M Deed of Trust shall be in the form attached to this Agreement as Exhibit 8 and shall be delivered to the City at the same time that the O&M LC is delivered to the Escrow Agent. La - 18 - 05-28-09 Pianta shall have the right, to substitute as security from time to time one or more deeds of trust in the same or similar form on other real estate acceptable to the City in the exercise of reasonable discretion, so long as the unencumbered value of the substituted collateral is equal to or greater than $9,000,000 as shown by a current appraisal performed by a neutral appraiser having no less than 10 years' experience appraising commercial property in the area in which the real estate is located, with appraisal cost shared equally between the parties. Any permitted substitute deed of trust given under this Section 4.8 shall be delivered to the City in an escrow arrangement (the cost of which shall be paid by La Pianta) that provides for delivery and recording of the substitute deed of trust simultaneously with release of the original deed of trust. Substituted collateral must be located in the State of Washington, shall have an appraised value of nine million dollars ($9,000,000) or more, shall be income producing, shall be improved by structures of a quality that is the same as or similar to the improvements existing on the land encumbered by the initial deed of trust, and shall be of a character suitable as collateral for a substantial commercial loan from a recegnized commercial real estate lender. The City shall not have the right to umeasonably reject proposed substitute collateral, and the characteristics listed in the previous sentence will be relevant in determining reasonableness of a City rejection. (b) In the event of a default that entitles the City to foreclose on the O&M Deed of Trust, then the O&M Deed of Trust shall provide that there shall be no default entitling the City to foreclose the O&M Deed of Trust until (1) La Pianta shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of this Agreement, (2) the City has drawn on the letter of credit (or cash deposit) securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of this Agreement for which the deed of trust has been granted as security. 4.8.4.2 Southcenter Parkway Proiect General Obligation Bonds Guarantee. La Pianta's obligation pursuant to Section 4.8.2 of this Agreement to guarantee a portion of the General Obligation Bonds (the "Bond Guarantee") shall be secured during the Term of this Agreement by a separate irrevocable standby letter of credit naming the City as beneficiary ("SCPvV LC"). The amount of the SCPVV LC shall be determined annually as of January I of each calendar year during the Term of this Agreement, and shall initially be in the amount of $185,000, and, upon issuance of the General Obligation Bonds, shall be adjusted to an amount equal to twice the average annual debt service on the Bonds for that portion of the General Obligation Bonds that exceeds $6,000,000. The SCPW LC shall be delivered to the Escrow Agent before the date on which the City awards the contract for construction of the Southcenter Parkway Project. If La Pianta fails to pay timely any amount due under Section 4.8.2, the City may draw upon the letter of credit as provided in this Section 4.8.4. Failure of La Pianta to provide and maintain the SCFW LC at the time and in the amount required by this Section 4.8.4.2, where such failure continues after written notice from the City specifying the nature of the default and 20 days' opportunity to cure, shall entitle the City to accelerate that portion ofthe Bond Guarantee that is represented by the amount of the SCPW LC, draw on the SCPW LC, and deposit the amount drawn ("SCPW Deposit") into an - 19 - 05-28-09 escrow account with the Escrow Agent, except that in the case of a failure to provide a replacement of the SCPW LC no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the SCFW LC. The City may subsequently draw upon the SCFW Deposit if La Pianta shall default on its obligation under the Bond Guarantee. If the City shall draw on the SCP\-V Deposit at any time during the Term of this Agreement, La Pianta shall, within 30 days of notice by the City, restore the SCPW Deposit to the amount required at the time the SCPW Deposit was established. Upon expiration of the Term, any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide the SCPW LC, and the City's remedy for failure to provide the SCP\-V LC, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.3 Other Secured Obligations. For each of the remaining obligations of La Pianta under this Agreement for which security is required specifically, (i) the letter of credit required pursuant to Section 4.3.4.1 in the amount of 110% of La Pianta's portion of the Highline Work (the "Highline Work LC"), (ii) the letter of credit required pursuant to Section 4.3.4.2 in the amount of 110% of the City's share of the cost of the PSE Work in accordance with PSE Tariff Schedule 74 (the "PSE Work LC"), and (iii) the letter of credit required pursuant to Section 4.5.2 in the amount of $500,000 (the "Bridge LC"), La Pianta shall provide to the City an irrevocable standby letter of credit naming the City as beneficiary. The Highline \-Vork LC and the PSE \-Vork LC shall be delivered to the Escrow Agent at the same time that the SCP\-V LC is delivered, which shall be prior to the award of the construction contract for the Southcenter Parkway Project. The Bridge LC shall be delivered to the Escrow Agent no later than thirty (30) days after the date the City notifies La Pianta that the City will make application for a grant or grants for any cost of constructing a pedestrian bridge across the Green River to connect Tub-vila South to Briscoe Park. Only upon La Pianta paying the amount due in fulfillment of an obligation secured by one of the foregoing letters of credit, the City shall release the letter of credit for that obligation, and La Pianta's obligation to provide that letter of credit shall terminate. Failure of La Pianta to provide and maintain any letter of credit at the time and in the amount required by this Section 4.8.4.3, where such failure continues after written notice from the City specifying the nature of the default and 30 days' opportunity to cure, shall constitute a default with respect to the obligation secured by that letter of credit ("Secured Obligation in Default"), except that in the case of a failure to provide a replacement letter of credit no later than 15 days prior to its stated expiration, no notice and opportunity to cure shall be required prior to a City draw on the letter of credit for which no replacement has been delivered. The default shall entitle the City to draw on the letter of credit securing the Secured Obligation in Default, and deposit the amount drawn into an escrow account with the Escrow Agent. The City may subsequently draw upon that deposit if La Pianta shall default in the obligation so secured. Upon expiration of the Term or fulfillment of the obligation so secured - 20- 05-28-09 (whichever shall first occur), any remaining funds held in the escrow account, including any remaining accrued interest, shall be released to La Pianta. La Pianta's obligation to provide any letter of credit under this Section 4.8.4.3, and the City's remedy for failure to provide a letter of credit under this Section 4.8.4.3, shall not be subject to the Dispute Resolution Process set forth in Section 7 of this Agreement. 4.8.4.4 General Terms and Conditions for the Letters of Credit. Each letter of credit provided under this Section 4.8.4 (including the O&M LC, the SCPvV LC and each letter of credit provided pursuant to Section 4.8.4.3) shall be in form substantially similar to Exhibit 9. Each letter of credit shall be issued by Bank of America or, at La Pianta's option, another financial institution having a branch in the State of Washington that is reasonably acceptable to the City; provided, however, that the City shall not withhold its consent to any institution having a long term debt rating of at least A from Standard and Poor's Corporation, or at least Aa3 from Moody's Investors Service. Each letter of credit shall have at least a one-year term (except that any initial letter of credit may have a shorter term so that when all letters of credit have been issued they will expire simultaneously), and La Pianta shall provide the City with a replacement letter of credit 15 days prior to the expiration of the respective letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above. Each letter of credit shall provide that it will be honored by presentation or at sight at an office of the issuer upon presentation of a certificate signed by the City stating that (i) La Pianta has defaulted on an obligation under this Agreement that is secured by the letter of credit and (ii) the City is entitled to draw on the letter of credit. If any letter of credit is drawn by the City because of La Pianta's failure to provided a replacement letter of credit 15 days prior to the expiration of the existing letter of credit, or within 90 days after the downgrade of an existing letter of credit below the long term debt rating set forth above (each draw resulting in a "Deposit" pursuant to the terms of this Section 4.8), then within five (5) after delivery to the Escrow Agent of a replacement letter of credit that complies with the requirements of this Section 4.8, the resulting Deposit shall be refunded to La Pianta except to the extent (if any) that the City shall have drawn upon the Deposit pursuant to the terms of this Agreement. 4.8.4.5 Specific Remedy under Section 4.8.4. The City shall have the right to specific performance of La Pianta's obligations under this Section 4.8.4. 4.8.4.6 Escrow and Escrow Agent. An escrow shall be established as set forth herein (the "Escrow"). The Escrow Agent initially shall be The Bank of New York Mellon Trust, N.A. The Escrow Agent shall hold funds as provided in Section 4.8.4.1.2 and in this Section 4.8.4.6, and various deeds and easements as provided in this Agreement, pursuant to a written escrow agreement among the Escrow Agent, La Pianta and the City to be agreed by the parties within one hundred twenty (120) days after full execution of this Agreement. The Escrow Agent selected by the parties may - 21 - 05-28-09 be replaced by another financial institution with trust powers that has a branch in Seattle, Washington, selected by the City and approved by La Pianta (which approval shall not be unreasonably withheld). The Escrow Agent shall hold each of the letters of credit on behalf of the City and shall receive deposits of amounts and deliveries of documents as set forth in this Agreement. Upon the direction of the City, the Escrow Agent shall present and make draws on the letters of credit described in Section 4.8.4.1.1, Section 4.8.4.2 and Section 4.8.4.3. The Escrow Agreement shall also provide that the Escrow Agent shall, with or without direction from the City, draw the full amount of any letter of credit that is not replaced or extended on or before the date that is 15 days prior to the expiry date of that letter of credit. Upon any such withdrawal, the Escrow Agent will hold the amount drawn as an O&M Deposit, an SCPW Deposit or a deposit made pursuant to Section 4.8.4.3 and apply such amounts on deposit consistent with this Agreement. If this Agreement is not terminated following the Outside Approval Date (as defined in Section 4.2 above), the Escrow Agent shall deliver all deeds and easements in the Escrow to the City for recording, with the exception of the deed to the fire station parcel pursuant to Section 4.6.2, which shall be delivered to the City at its request following adoption of the ordinance vacating existing Frager Road. The parties shall share equally the cost of the Escrow Agent for services performed pursuant to this Agreement. 4.9 Grading Permit Review. The City will complete review and issue a determination regarding La Pianta's Clearing and gGrading permit application for the Tukwila South Project within 30 days of determining that such application is complete for areas outside of the shoreline jurisdiction. For areas within the shoreline iurisdiction, La Pianta shall submit a Shoreline Substantial Development Permit along with the Clearing and Grading Permit. The City will promptly review the Shoreline Substantial Development Permit, and forward its decision to the Department of Ecology for review. Tthe City will complete review the Clearing and Grading permit application within thirty (30) days and issue a decision after the expiration of the Department of Ecology's review period for the Shoreline Substantial Development permit. aREl promptly thereafter forv:ard the proposed approval thereof to the Department of Ecology for its review. La Pianta shall segregate the Clearing and gGrading permit application into separate applications for those portions of the Tukwila South Project inside and outside the 200-foot shoreline environment, respectively, and the City shall review and issue such separate permits independently. These grading permit applications shall not operate to vest La Pianta to the SMP or any Floodplain Regulations. 4.10 South 178th Street Proiect. The Administration of the City shall recommend to the City Council that the realignment of South 178th Street, as depicted in the 90% construction drawings, be added to the City's Capital Improvement Plan. 4.11 Vacation of Frager RoadlSouthcenter Parkwav and the City Triangular Parcel. Pursuant to RCW 35.79.010, the City has by resolution initiated a vacation of ill.Jhat portion of Frager Road/Southcenter Parkway described in Exhibit 7, attached hereto, and (ii) the "City Triangular Parce!," which is more particularly described in Exhibit 6 of this Agreement. The City agrees that there will be no remaining public use or benefit to that portion of Frager Road/Southcenter Parkway described in Exhibit 7 and the City Triangular Parcel, following - 22- 05-28-09 dedication of the Southcenter Parkway right-of-way as set forth in Section 4.3.2 above. Therefore, the City shall, simultaneous with La Pianta's dedication of the Southcenter Parkway right-of-way set forth in Section 4.3.2 above, vacate Frager Road/Southcenter Parkway and the City Triangular Parcel at no cost to La Pianta and the other adjoining landowners, as applicable. The conveyance of the property to La Pianta pursuant to the vacation 'will occur within thirty (30) days after the completion of the Southcenter Parkway Project. 4.12 Transfer of the City Detention PondCertain ProportieG. The City hereby determines that there is no remaining public use or benefit to the following propertyies and shall transfer to La Pianta, free and clear of all encumbrances and for no additional consideration, in tfieH:-its as-is, where-is condition, the following properties: (i) the "City Detention Pond~" and (ii) the "City Triangular Parcel," each of which are-is more particularly described in Exhibit 6 of this Agreement. Subject to the terms set forth in Section 4.2.5, the City shall convey the City Detention Pond within thirty (30) days of the completion of the annexation, and the Triangular Parcel '.vithin thirty (30) days of the completion of the Southccnter Parkway Project. The City shall undertake all necessary actions required to declare said parcels surplus, and convey the parcels to La Pianta in the manner required by law. 5. Development Under This Agreement. The Tukwila South Project will be developed under the jurisdiction of the City pursuant to the terms and conditions of this Agreement. This Agreement sets forth the development standards, mitigation measures, and other conditions of development for the Project. Proper operation and maintenance of surface water management systems, adequate sewer service capacity, adequate public safety facilities and services, and adequate transportation facilities will be fully satisfied through La Pianta's compliance with the requirements of this Agreement. Provided La Pianta satisfies its obligations under this Agreement as such obligations may arise, the City shall provide on a timely basis the necessary City public infrastructure specified in this Agreement needed to support build-out of the Project, subject to the condition of securing the necessary funds to construct such improvements and City Council approval for such improvements. 5.1 Native Gwwth Protection Areas (NGPA). No development shall be permitted to occur in a Native Growth Protection Area except trails, the Orillia Road Connector and utilities, including, but not limited to, electrical transmission lines, placement of which must be approved by the City; water and sewer system lines; access roads for levy maintenance. Clearing limitations within NGP A areas shall be those identified in the existing Tuhvila Municipal Code, subject to the provisions of this Section 5.1. Clearing and ground disturbing activities associated with mitigation activities are permitted, with City permits. Once the Sensitive Areas Master Plan is implemented and mitigation areas are enhanced, restored, or created, NGP As shall be left permanently in an undisturbed vegetated state and shall not be cleared or improved except as necessary to (1) prune or remove dead or diseased trees, and vegetation reasonably adjacent to developed areas of the Tukwila South Property, (2) ffi-remove invasive or exotic vegetation, (3) prune or remove trees or other vegetation presenting a threat to life or safety or growing over roadways, levees, drainage ditches, trails, or other corridors that must be kept clear, or (4) te - 23 - 05-28-09 maintain mitigation areas; or (5) permit the work expressly described in this Section 5.1. For the purposes of this Agreement, the NGP As on the Tukwila South Property are identified in Exhibit 1 attached hereto. 5.2 Vesting of Development Regulations. The proposed development as described in this Agreement shall vest to the following development regulations in effect on the date of execution of this Agreement (the "Development Regulations") for the Term of this Agreement: The Tukwila Comprehensive Plan (Ord No. 2070 adopted November 22, 2004, as amended by Ordinance 2218 adopted December 15, 2008); the Tukwila Zoning Ordinance (Title 18, TMC); the Tubvila Subdivision Ordinance (Title 17, TMC}; Shoreline Master Program designations and pre-designations, transportation concurrency regulations; stormwater, surface water treatment and quality, and surface water retention and detention design standards and ordinances (including the requirement of the NPDES permit effective February 2007); SEP A regulations and substantive SEP A policies. Development of the Property shall not be subject, during the Term of this Agreement, to any amendments to, or replacements of, the Development Regulations listed above. These are rights vested under state law for purposes of RCW 36.70A.300 (3)(a). In accordance with Section 3.5 above, La Pianta will comply with the provisions of the SMP and the Floodplain Regulations in effect on the date of each complete development permit application. 5.2.1 Police Power/Pre-emption. Nothing herein relieves La Pianta of any obligations it may have during the Term to comply with state or federal laws or regulations of any kind, including but not limited to those related to storm, surface water and floodplain management. The proposed development shall not be vested against the application of development standards that are imposed by virtue of state or federal pre-emption of the City's regulatory authority. As provided by RCW 36.70B.170(4), the proposed development shall not vest against new development regulations to the extent the new regulations are required by a serious threat to public health and safety. 5.2.2 International Codes. The International Building Code, International Fire Code, and other construction codes in effect in the State of Washington as of the date of the filing of a complete application for a building permit shall apply to all new development and the redevelopment or modification of existing development. 5.2.3 Scope of Vesting. The vesting described herein shall apply for fifteen (15) years from the effective date of the annexation provided in Section 4.1 (the "Term" of the Agreement). For those development standards not specifically enumerated in this section or in Section 5.2.1, the Land Use Process approvals shall be governed by the City codes and standards in effect upon the date of complete application. 5.2.4 FEMA. La Pianta is obligated to comply with the--applicable FEMA National Flood Insurance Program regulations that are in effect at the date of any building, grading or clearing permit application. - 24- 05-28-09 5.2.5 Optional Regulations. During the Term of this Agreement, La Pianta may at its option develop the Property or portions thereof in accordance with new code provisions or generally applicable standards for that subject adopted after the date of execution of this Agreement, without the obligation to bring other portions of the Property into conformance with newly-adopted codes or regulations. 5.3 Transportation. 5.3.1 Concurrency Approval. Pursuant to TMC 9.48 and TMC 21.04, the City has determined that the Tukwila South Project, up to the Trip Ceiling (hereinafter defined), meets the City's standards for transportation concurrency approval and mitigates significant adverse impacts to the City's transportation system; provided that the Tukwila South Project must be developed in compliance with the terms of this Agreement, including compliance with requirements that La Pianta pay transportation impact fees applicable at the time of building pel111it issuance. 5.3.2 Trip Ceiling for Tukvvila South Project. New development within the Tukwila South Project under this Agreement is limited to new development generating net new p.m. peak hour vehicle trips (inbound and outbound) ("Net New Trips") not exceeding the Trip Ceiling. New development within the project exceeding the Trip Ceiling shall be subject to mitigation and concurrency requirements applicable at the time of application. The number of Net New Trips for the Project for which full mitigation and concurrency approval is established under this Agreement (the "Trip Ceiling") shall be 10,166 Net New PM Peak Hour Trips from new development, comprising not more than 2,646 Net New Trips inbound to the Project and not more than 7,520 Net New Trips outbound from the Project. The methodology for determining Net New Trips for any phase of the Tukvvila South Project (including assumed values for trip generation and percentages for trip reductions) shall be as set forth in the Transportation Impact Study incorporated in the Tukwila South EIS for the Tukvvila South Project. Trip counts shall be estimated at the perimeter of the Project site; trips internal to the Project shall not count against the Trip Ceiling. Transportation impact fees shall apply only to the Net New Trips allocated to the proposed new development. Subject to the provisions of this Agreement, these 10,166 Net New Trips shall be reserved by the City for use by La Pianta hereunder for the Term of this Agreement. If La Pianta is in compliance with the requirements of this Section, La Pianta will only be required to produce a trip generation study for each development project in order to identify the associated Net New Trips for that project. (a) Construction of Orillia Road Connector. La Pianta shall construct at its own expense a new 4-lane arterial connector between Orillia Road S. and Southcenter Parkway Extension ("Orillia Road Connector"). La Pianta shall complete construction of the Orillia Road Connector within 6 years of the time 7500 Net New PM peak hour tIrips 8*it-are generated by the Project area-(the "Orillia Road Completion Date"). After the Orillia Road Completion Date, no Net New Trips from the remainder of the Trip Ceiling may be used by La Pianta until this improvement is completed and accepted by the City. La Pianta shall, at its own cost, obtain all state, federal, and local permits and approvals required for the Orillia Road COill1ector. Subject to applicable laws and ordinances and the terms and conditions of this - 25 - 05-28-09 Development Agreement, the City agrees to cooperate with La Pianta in obtaining such permits and approvals. The Orillia Road Connector will consist of four lanes. A diagram of the Orillia Road improvement is attached hereto as Exhibit 10. (b) If the Orillia Road Connection, required hereunder cannot be constructed within the time frame set out herein for reasons outside the control of La Pianta, then if La Pianta desires to continue with new development absent the construction of either of this improvement, La Pianta may, as an alternative to construction of the Orillia Road Connector (i) reduce or defer the amount of development proposed in the Project; (ii) implement Transportation Demand Management (TDM) strategies and/or (iii) construct other transportation system improvements ("Alternative Mitigation"). The City shall approve such Alternative Mitigation if, with such Alternative Mitigation in place, the Project passes a test under the City's transportation concurrency requirements, applying the requirements ofTMC 9.48 and the City's traffic concurrency ordinance. Provided that under no circumstance can the cap of 10.3 million square feet of new building floor area (as that term is defined in Section 3.1) be exceeded by implementing TDM strategies or Alternative Mitigation measures. 5.3.3 Credit for Existing Trips. As described in the Tukwila South EIS, the existing development on the Project site generates a total of 1,241 p.m. peak hour vehicle trips PM Peak Hour Vehicle Trips (298 trips inbound and 943 trips outbound) ("Existing Development Trips"). Existing Development Trips shall not count against the Trip Ceiling, and are not subject to impact fees hereunder. Existing Development Trips may be used as a credit against trip generation from new development to the extent existing uses are permanently discontinued and/or existing structures are removed ("Credit Trips"). The existing development and Existing Development Trips are set forth in Exhibit II. La Pianta may allocate available Credit Trips to the proposed new individual development, as development occurs. 5.3.4 No Additional Transportation Concurrency or SEPA Review Required. Since the City has determined compliance with the mitigation requirements identified in this Agreement satisfies transportation concurrency and substantive SEP A requirements for the Tukwila South Project, no additional SEP A review or transportation concurrency review shall be required for development that is within the Trip Ceiling for the Term of this Agreement, except additional SEP A review may occur as set forth in Section 6.2 below. 5.4 Stormwater Regulation. 5.4.1 Description of Surface 'Water Control Facilities. The surface water control facilities for the Project shall include: 5.4.1.1 Parcel storm drains. Parcel storm drains will provide collection and conveyance of runoff from individual development parcels to a primary trunk storm drain within Southcenter Parkway from S. 180lh Street to S. 200lh Street (the "Trunk Storm Drain"). 5.4.1.2 Trunk: storm drain. The Trunk: Storm Drain will drain into two detention/water quality facilities - the North Basin ("North Facility") and the South Basin - 26- 05-28-09 ("South Facility"), and are more particularly described in Section 5.4.1.3. The North Basin will outflow into the S. 180th Street Pump station, which will route stormwater either to the Green River or into the P-17 Drainage Basin. The South Basin will outflow into the Green River. Emergency overflow of the South Basin will be discharged to Johnson Creek. 5.4.1.3 'vVater quality treatment and detention facilities. The stormwater control system includes two major water quality treatment and runoff control facilities (one each in the north and south portions of the site). Each facility shall be constructed as a combined water quality/detention ponds and sized to meet the water quality treatment and runoff control requirements for the area being served, including the Expansion Areas. The South Facility shall provide at least Level 1 flow control as defined in the 2005 King County SWDM. The North Facility shall control the peak flow magnitude of runoff to at or below 75% of the designed pumping capacity of the S. 180th Street Pump Station. Both the North and South Facilities will be open ponds, and a preliminary design of the facilities are set forth in the Tukwila South EIS. The water quality/detention facilities will operate to provide the required level of downstream peak flow control. The detention facilities will include a dead storage component for water quality and a live storage component representing the required detention volumes. The site development phasing may include phased construction of detention and water quality facilities or the use of temporary facilities for the early site development. Temporary use of the South Facility may also be used for site development within the North Basin, provided that such use does not exceed the capacity of the South Facility. 5.4.2 Stormwater Standards. This Section specifies the surface water management standards applicable to the Tukwila South Project during the Term of the Agreement, including the existing Segale Business Park and the proposed Expansion Areas. 5.4.2.1 Vested Design Standards for Surface 'vVater Control Facilities. City of Tub-vila Development Guidelines and Design and Construction Standards (Second Edition, Revision 1,2005) and the 1998 King County S'vVDM provide the approved methods for the analysis and design of the surface water management components for the Project during the Term of this Agreement, except for the South Facility where conservation flow control is required under the 2005 King County S'vVDM, and except for those modifications listed in Table 1 (the "Stormwater Standards"). Where not otherwise specified, design standards of the 1998 King County SWDM will apply. The Stormwater Standards supersede any other applicable TMC, SWDM, and basin/water quality plan requirements during the Term of this Agreement. The Stormwater Standards include the Code Modifications specified in Table 1. Furthermore, some adjustments in the natural location of discharge (including minor inter-subbasin diversions of runoff) will be permitted as a result of changes in development area drainage collection, detention, treatment, and outfall locations. Other adjustments from the applicable S'vVDM, design standards or other applicable surface water management regulations may be requested during the site plan review process and evaluated in accordance with the criteria in TMC 18.4ID.090. Nothing herein shall relieve La Pianta from any obligation to comply with applicable state and federal stormwater regulations currently in effect or adopted in the future. - 27 - 05-28-09 TABLE 1. Code Modifications I I SWDM Manual SWDM Manual! TMC - Code Modifications Rationale I Section! TMC Reference Text ! ! SWDM Core Discharge at the Natural . During development, minor . Other minor on-site sub-basin routing i Requirement #1 Location changes to natural drainage shed through detention ponds and i i boundaries and tributary areas are discharges to on-site wetlands etc. ! . "All surface and storm water i runoff from a proposed inevitable due to grading of are not formal variances from core I project that proposes to roadways etc. requirement #1 but shall be reviewed i construct new, or modify . Interpretation that existing during the preliminary plat technical I existing drainage facilities discharge points to the Green review or the detailed engineering I must be discharged at the River do not constitute separate drainage review. I natural location so as not to "natural" discharge points . The existing discharge points are : be diverted onto, or away man-installed culverts through the i from, the adjacent levee system. The Green River is a downstream property... ff "managed" flow system and is a I direct receiving water above and below the project site. Proposed I future discharge points from post I developed basins will not pose an adverse impact to the River. SWDM Core Flow Control . The Manual prescribed Level 1 . All runoff from the North Basin drains Requirement #3 . Level 1 flow control identified flow control is not proposed for the to City stormwater pump stations. for the Site area of Tukwila North Basin runoff. The control of runoff and stormwater South detention design is geared to the capacity of these existing pump stations. This is not specifically listed in the Manual as an allowed exemption. I SWDM Core Basic Water Quality Treatment Sizing methods utilizing the HSPF Would best meet the intent of the ! . . I Requirement #8 Design model from the project Master design standard by utilizing I . Water quality design flow per Drainage Plan continuous simulation and historic I KCSWOM Sec. 6.2.1 data. I TMC 14.30 TMC 14.30.070 Standards . All facilities would be in . To allow for maximum flexibility of the Storm Water requires that all activities be accordance with the 1998 King site, and acknowledging the site Management undertaken in accordance with County Surface Water Design design particulars, adequate water the 1998 King County Surface Manual, unless site constraints or quality and detention will be provided, Water Design Manual other provisions such as LID but may vary from Manual design require variation to design specifics. specifics. - 28 - 28-09 5.4.2.2 Gradin,g Ordinance Design Standard Modifications. The following exceptions from Grading Ordinance No. 2062 shall apply to the Project during the Term ofthis Agreement: a. A significant tree survey and tree replacement plan is-are not required. b, Slope grading - Slope stability and slope grading limitations shall be evaluated within site development areas based on geotechnical evaluation and applicable codes. c. A vegetative restoration plan is not required except for the wetland mitigation portions of the NGP As. d. Project notification and permanent NGP A signs are required. e. Points of drainage discharge are not limited to the nearest practicable drainageway - Required methods of managing natural discharge from springs, streams, or other natural sources are to be defined in the approved Master Stormwater Infrastructure PlanMIW (hereinafter defined). f. Proposed modifications to surface water management provisions are governed by TMC 18.41D.090. g. Any construction activities, including site grading and building, during wet or dry seasons shall be allowed provided such activities meet with the stormwater quality requirements set forth in the NPDES Permit. 5.4.2.3 Impervious Area Limitations. In the "Development Area", up to 85% of the developable area served by each stormwater facility may be covered with impervious surfaces, unless otherwise altered with City approval in the design phase. Expansion Areas described in Section 3.4 of the Development Agreement are included in the impervious area calculations. The sizing of surface water control facilities may be adjusted to reflect achlal land use impervious areas in final design as indicated in the final approved Master Stormwater Infrastructure PlanMIW. 5.4.2.4 TESCP and 1\TFDES Requirements for all Construction. Temporary Erosion and Sedimentation Control Plans ("TESCPs") will use SWDM Best Management Practices ("B.M.Ps") to minimize the extent of soils disturbance in contact with surface runoff during construction, and to maximize disturbed soil stabilization/cover practices to reduce erosion potential. This will apply to both dry and wet season construction. The TESCPs will be developed to comply with Core Requirement No. 5 and Appendix D of the Sv\TIM, and Department of Ecology requirements as identified in the NPDES Permit. The TESCPs will be implemented in Project grading permits, which shall be submitted for City review and approval. Multiple TESCPs will be required to accommodate the phasing of site development. La Pianta shall comply with all project inspection requirements concerning surface water TESC plans that are set forth in the NPDES Permit. - 29- 05-28-09 5.4.3 Stormwater Infrastructure Development. 5.4.3.1 La Pianta Obligations. La Pianta shall implement the following stormwater mitigation conditions at its sole expense, in accordance with the timing requirements set forth below: Mitigation JVleasures Timing 1. A temporary stormwater treatment During the first construction season. system shall be installed per the requirements of the 1998 King County SWDM during the first construction season. Prior to its completion, all stormwater from construction or cleared areas shall be retained on site. 2. Install a long-term construction Constructed and operational prior to the stormwater polymer treatment system. start of any discharges from the site. 3. Construct the elevation of the separating During the first construction season and berm between the Green River and the prior to first wet season construction Green River Off-_€Channel Habitat Area activities. excavation to prevent Green River inflow to the excavation during the high flow season. 4. Install a sediment curtain or similar Installation before breaching the berm measures to minimize sediment release to adjacent to the off-channel habitat the Green River when the separating berm restoration proj ect, during a time window between the Green River Of(-eChannel defined in the Hydraulic Project Approval Habitat Area and the river is removed. (HP A) for the project. 5. Prepare and implement the SA1\1lP Approval of SAMP plan by the wetland mitigation plan to compensate for Department of Community Development the filling oflow-value 'wetlands. Director prior to the start of site mass grading during the first construction season; wetland mitigation construction will start the first year of construction and be complete during the third year of construction. 6. Prepare and implement a fisheries Approval of the SA1\1lP plan by the mitigation plan -pursuant to the SAMP. Department of Community Development Director prior to the start of site mass grading during the first construction I season; mitigation construction will start I the first year of construction and be I complete during the third year of construction. 7. Construct a temporary North Facility and Approval of the temporary North and - 30- 05-28-09 the South Facility as part of the permanent permanent South Facilities plans shall stormwater management system. occur prior to the start of site grading during the first construction season. 8. Prepare a Master Drainage Plan. Approval shall be obtained prior to start of site grading. 5.4.3.2 City Obligations. During construction of the Southcenter Parkway Project, the City shall install stormwater conveyance infrastructure, including the Trunk Storm Drain, within Southcenter Parkway to connect to the North Facility and the South Facility. 5.4.4 Master Stormwater Infrastructure Drainage Plan. Master Stormwater Infrastructure Plan. La Pianta shall prepare and submit as part of the Tuhvila South Proiect's application for a Clearing and Grading Permit, a Master Stormwater Infrastructure Plan for Tukwila South. The plan shall substantially comply with all the criteria of Secion 5.4 of this Agreement including this Section 5.4.4, and be consistent with the Stormwater Standards of this Agreement and shall address the Tukwila South Proiect's compliance with the eight core requirements and five special requirements specified in Section 1.1.2.4 of the 1998 King County Surface Water Design Manual - Large Site Drainage Review. The City shall review the Stormwater Infrastructure Plan and may require changes if necessary to ensure overall compliance. Issuance of the Clearing and Grading Permit shall be governed by Section 4.9 herein, and approval of a final Master Stormwater Infrastructure Plan shall not be required prior to issuance of the Clearing and Gradin,g Permit. La Pianta shall prepare and the City shall administratively approve the TukYv'ila South Mastcr Drainage Plan ("MDP"), ':v'hich shall bc submitted "'v'ith the Projcct's permit application for the overall mass earth"vork plan. The MDP shall bc consistent '.vith the Stormwater Standards, and Implementing ,'\pprovals shall comply "'.'ith drainage pro'v'isions set forth in the MDP. 5.4.5 Monitoring. Monitoring shall be performed as required under the 401 '.Vater Quality Certification and the 1\TpDES permit for construction discharge issued and administered by the Washington Department of Ecology, and for Total Suspended Solids ("TSS") as shown in Table 2. TABLE 2 NORTH A1~D SOUTH RA..SIN PONDFACILITIES TOTAL SUSPENDED SOLIDS (TSS) :l\10NITORING PLAN Plan Element Implementation I Comments Objective Report Facility j36fl4-water quality performance to the City as estimated by TSS monitoring (used as performance measure in the - 31 - 05-28-09 Plan Element Implementation Comments 1998 SWDM). lVlonitoring Upon 70% buildout in the Begin monitoring when there is Start for Each catchment served by each sufficient buildout to generate P-GH4Facilitv FacilitweOO TSS, but not while active construction influence persists (construction discharge to be monitored under NPDES permit requirements) . Monitoring o Five times per year Collect samples under a range Frequency o During storms exceeding lit of conditions through the year, inch of rain in 24 hours but concentrating on the wetter o Four times during Oct 1 season when the majority of through March 30 (wetter discharge volume will occur. season) o One time during May 1 through Sept 30 (drier season) Monitoring Three consecutive years per Duration ~ Monitoring Grab samples at Facility peOO Samples analyzed at a lVlethod outlet during active rainfall Washington Certified analytical laboratory Criterion TSS (cumulative average during The 1998 King County the monitoring for each SvVDM's treatment goal is to ~) shall be lower than remove 80% ofTSS for flows 20 mg/L or volumes up to and including the WVV design flow or volume. Flows and volumes in excess of the WQ design flow or volume can be routed around the vVQ facility or can be passed through untreated. The monitoring plan assumes that the inflow WQ will behveen 30 to 100 mg/L TSS and therefore proposes a criterion of 20 mg/L (80% removal of the upper I estimate). Reporting Once annually to the City Within 60 days of last wet season result from the analytical laboratory. Response to The water quality performance data shall be provided to the City for Data its use in making future decisions on stormwater management. If the - 32 - 05-28-09 Plan Element Implemen tation I Comments data indicates that the North and South Facilities ponds are not functioning properly due to improper construction or lack of required maintenance by La Pianta, then La Pianta shall remedy such condition promptly at its expense. 6. SEP A Compliance. 6.1 Prior SEP A Documents. Development within the Project areas as contemplated in this Agreement has been addressed and analyzed in prior environmental documents, including but not limited to environmental impact documents prepared for Tukvvila's Comprehensive Plan and the Tukwila South environmental impact statement (collectively, the "SEP A Documents"). The SEP A documents shall constitute compliance to the fullest extent possible under SEP A for all hnplementing Approvals. For purposes of this Agreement, an "hnplementing Approval" means a land use approval or permit subsequent to the execution of this Agreement which implements or otherwise is consistent with this Agreement, including but not limited to plats, short plats, binding site plans, site development permits, grading and building permits and utility permits. Subject to the provisions of this Section, no further SEP A review is required, and no additional substantive SEP A mitigation measures are required beyond those set forth in this Agreement. 6.2 Further SEP A Review Limited. Except as set forth herein, no further SEP A review shall be required for the Project. The City may require additional SEP A review based only the following conditions: (a) An hnplementing Approval or requested modification materially exceeds the Project Envelope (herein-after defined) and governing Development Regulations; or (b) The City concludes (pursuant to SEP A, SEP A Rules, and City SEP A regulations) that substantial changes have been made to the Tukvvila South Project so that, as mitigated, it is likely to have significant adverse impacts not previously analyzed in a SEP A environmental document, and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations; or (c) The City concludes (pursuant to SEP A, SEP A Rules, and City SEP A regulations) that there is new information indicating probable significant adverse environmental impacts of the Tukvvila South Project not previously analyzed in a SEP A environmental ..,.., - .).) - 05-28-09 document which cannot be mitigated below a level of significance by applicable local, state or federal regulations. For purposes of this Agreement, "Project Envelope" means the level and range of development (including maximum structure height, floor area, bulk and use) analyzed within one of the alternatives reviewed in the Tukwila South EIS and any subsequent addenda or SEP A Documents which may be issued by the City. The Project Envelope includes all of the physical aspects of a general development plan, individual project, or other on-site or off-site physical improvements as disclosed and analyzed in the Project Tukwila South EIS. As used herein, "materially exceeds" means the proposal, as mitigated, is likely to have significant adverse impacts not previously analyzed in the SEP A Documents or any other SEP A environmental document prepared for property within the Tukwila South Project area and which impacts cannot be mitigated below a level of significance by applicable local, state or federal regulations. 6.3 'Written Notice. If the City determines at any time during the Term that it intends to require additional SEP A review for any Implementing Approval, the City shall give La Pianta written notice thereof and provide La Pianta an opportunity to modify the Implementing Approval application so as to render such additional SEP A review unnecessary. 7. Dispute Resolution Process. 7.1 The parties shall use their best efforts to resolve disputes arising out of or related to this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One - La Pianta's Pgroject Mmanager and a City staff member appropriate to the nature of the dispute (selected from among the City's Deputy Director of DCD, Building Official, Fire Marshall or City Engineer, or a designee of any of the foregoing identified bv the Administration)) shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two - La Pianta's principal and the City's Community Development Director or Public \^lorks Director (or a designee of either of the foregoing identified bv the Administration) shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. - 34- 05-28-09 (c) Level Three - La Pianta's principal (or Designeedesignee) and the Mayor and the City Administrator (or the City Administrator's Designeedesi,gnee) shall meet to discuss and attempt to resolve the dispute in a timely manner. Counsel for the parties shall be permitted to attend Level Three meetings. 7.2 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, either party may refer the dispute to binding arbitration, as set forth herein. At all times prior to resolution of the dispute, the parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. 7.3 In the event that a dispute is referred to binding arbitration, the parties agree to the following procedure: (a) Binding arbitration between the parties pursuant to this Section shall be governed by the rules and procedures set forth in this Section, (b) Within seven (7) calendar days of the date the dispute is referred to binding arbitration, each party shall provide the other party with the names of three neutral arbitrators having significant experience in the subject matter of the dispute and in arbitrating disputes. The parties will thereafter attempt in good faith to select an arbitrator from this panel of six candidates. ( c) If the parties to the dispute are unable to agree upon a single arbitrator within twenty-eight (28) calendar days of the date the dispute is referred to binding arbitration, then each party shall designate one arbitrator from its panel of three, the two arbitrators selected in that manner will choose a third arbitrator from among the remaining panel members, and this third arbitrator so selected would act as the single arbitrator for the dispute. (d) Upon selection of the arbitrator, said arbitrator shall determine the question(s) raised within fourteen (14) calendar days, unless a different period of time is otherwise agreed upon by the parties in writing, provided that issues of arbitrability may not be decided by the arbitrator. Said arbitrator shall then give both parties reasonable notice of the time (which time shall be within thirty (30) calendar days of the arbitrator's determination of the questions raised, unless a different period of time is otherwise agreed upon by the parties), and place of hearing evidence and argument; take such evidence as the arbitrator - 35 - 05-28-09 deems relevant, with witnesses required to be sworn; and hear arguments of counselor others. (e) After consideration of all evidence, testimony and arguments, said single arbitrator shall, within thirty (30) days of completion of the hearing, promptly state such decision or award in writing. Said decision or award shall be [mal, binding, and conclusive on all parties to the arbitration when delivered to them, except as provided in Subsection 7.3(fh) and 7.3(g). Until the arbitrator issues the first decision or award upon any question submitted for the arbitration, performance under the Agreement shall continue in the manner and form existing prior to the rise of such question. After delivery of said first decision or award, each party shall forthwith comply with said first decision or award immediately after receiving it. (f) La Pianta and the City shall share equally the compensation, costs, and expenses of the arbitrators, but each shall be responsible for their own fees and expenses of its own witnesses, exhibits, and counsel. La Pianta and the City shall pay the compensation, costs and expenses of the single arbitrator or the additional arbitrator in the board of arbitrators in equal shares. (g) The arbitrator shall have the authority to enter awards of equitable remedies consistent with the obligations of the City and La Pianta under this Agreement. (h) The arbitrator shall not have the authority to enter any award, the satisfaction of which by the party to be bound, would be impermissible under any law, regulation, or funding agreement to which the bound party is subject. The determination of any such impermissibility shall be made by a court of competent jurisdiction within the State of vVashington and under the laws of the State of Washington. Any such determination shall be appealable. 7.4 This dispute resolution process will not apply to the following disputes: (i) disputes regarding the accounting of Project revenues and City expenditures; and (ii) disputes concerning the letters of credit. Any disputes regarding revenues/expenditures must utilize the dispute resolution process outlined in Section 4.8.1~. Issues of arbitrability of a dispute shall be determined by the Presiding Judge, King County Superior Court. 7.5 Nothing in this Section 7 shall preclude either party from seeking injunctive or equitable relief prior to the initiation or completion of this dispute resolution process. - 36- 05-28-09 8. .Modifications to Agreement. This Agreement contains all terms, conditions and provisions agreed upon by the parties hereto, and shall not be modified except by written amendment executed by both parties. Amendments to this Agreement that materially modify the intent and policy of the Agreement must be approved by the City Council. Other amendments may be approved by the City Mayor. 9. General Provisions. 9.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 9.2 Recording. This Agreement or a memorandum thereof shall be recorded against the Tukwila South Property as a covenant running with the land and shall be binding on La Pianta, its heirs, successors and assigns until this Agreement expires on its own terms pursuant to Section 5.2.3. 9.3 Agreement Binding on Successors; Respective Obligations of La Pianta and Parcel Builders. This Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of La Pianta, and upon the City, except as limited and conditioned in this Agreement. La Pianta's general duties and obligations under this Agreement for the Tukwila South Project are not intended to be delegated to Parcel Builders unless a particular duty or obligation, specifically and directly related to the Development Parcel in question, is expressly imposed by the City as a term or condition of an Implementing Approval for that Parcel. 9.4 Parcel Builders' Obligations; Notice to City re Parcel Builder; Declaration of Covenants for Tukwila South Project. The parties acknowledge that development of the Tubvila South Project may involve transfer of undeveloped or partially-developed development parcels in the Tukwila South Property or the Expansion Areas~ each a "Development Parcet" to one or more Parcel Builders. Those Parcel Builders will in turn own, develop and/or occupy portions of the Tukwila South Property and buildings thereon as part of the Tubvila South Project. Parcel Builders shall be obligated with respect to all conditions of Implementing Approvals applicable to their respective Development Parcels, unless such an obligation is specifically identified in this Agreement or in the Implementing Approval as that of La Pianta. For purposes of this Agreement, a "Parcel Builder" shall mean an owner or lessee of all or a portion of the Development Area authorized for development pursuant to this Agreement, or a successor or assign of an owner or lessee, who develops and/or occupies portions of the Tukwila South Property or an Expansion Area, or develops and/or occupies buildings thereon as part of the Tukwila South Project, provided however, that building tenants shall be excluded from this definition. 9.5 Interpretation; Severability. - 37- 05-28-09 9.5.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent authorized by law as an exercise of the City's authority to enter into development agreements pursuant to RCW 36.70B.170 et seq., and this Agreement shall be construed to exclude from the scope of this Agreement and to reserve to the City, only that police power authority which is prohibited by law from being subject to a mutual agreement with consideration. If a Tukwila South Development Standard conflicts with an otherwise applicable provision of the Tukwila Municipal Code, the Tukwila South Development Standard shall control. 9.5.2 Severability. If any provisions of this Agreement are determined to be unenforceable or invalid in a final decree or judgment by a court of law, then the remainder of this Agreement not decreed or adjudged unenforceable or invalid shall remain unaffected and in full force and effect. In that event, this Agreement shall thereafter be modified, as provided immediately hereafter, to implement the intent of the parties to the maximum extent allowable under law. The parties shall diligently seek to agree to modify the Agreement consistent with the final court determination, and no party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days after the final court determination, then either party may initiate the arbitration process under Section 7 for determination of the modifications that will implement the intent of this Agreement and the final court decision. 9.6 Authority. Each party respectively represents and warrants that it has the power and authority, and is duly authorized, to enter into this Agreement on the terms and conditions herein stated, and to deliver and perform its obligations under this Agreement. 9.7 Exhibits and Appendices Incorporated. Exhibits 1 through 11 are incorporated herein by this reference as if fully set forth. 9.8 Headings. The headings in this Agreement are inserted for reference only and shall not be construed to expand, limit or otherwise modify the terms and conditions ofthis Agreement. 9.9 Time of the Essence. Time is of the essence of this Agreement and of every provision hereof. Unless otherwise set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal holiday in the State of vVashington, then the time period shall be extended automatically to the next business day. 9.10 Entire Agreement. This Agreement represents the entire agreement of the patiies with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein and this Agreement supersedes all previous agreements, oral or written. - 38 - 05-28-09 9.11 Default and Remedies. 9.11.1 Cures Taking More Than Thirty Days. Except as expressly provided otherwise in this Agreement, no party shall be in default under this Agreement unless it has failed to perform as required under this Agreement for a period of thirty (30) days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure. 9.11.2 Rights of Non-Defaulting Party. A party not in default under this Agreement shall have all rights and remedies provided by law or equity, including without limitation damages, specific performance, or writs to compel performance or require action consistent with this Agreement. 9.11.3 Attorneys' Fees. In any action to enforce or determine a party's rights under this Agreement, the prevailing party shall be entitled to attorney's fees and costs. 9.12 Relief Against Defaulting Party or Portion of Tukwila South Property. In recognition of the anticipated transfers by La Pianta of parcels of the Tukwila South Property to Parcel Builders, remedies under this Agreement shall be tailored to the Tukwila South Property or parties as provided below. 9.12.1 Relief Limited to Affected Development Parcel. Any claimed default shall relate as specifically as possible to the portion or Development Parcel of the Tukwila South Property involved, and any remedy against any party shall be limited to the extent possible to the owners of such portion or Development Parcel of the Tukwila South Property. 9.12.2 Relief Limited to Affected Owner. To the extent possible, the City shall seek only those remedies that do not adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Tukwila South Property under this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. 9.13 Term. The tlerm of this Agreement shall be as set forth in Section 5.2.3 above. Until such time as the City revises the comprehensive plan or development regulations which apply to Tukwila South during the tlerm of this Agreement, the goals of the comprehensive plan and the development regulations to which the project vests will continue to apply to the Tubvila South Property following the expiration of this Agreement. - 39 - 05-28-09 9.14 No Third-Party Beneficiary. This Agreement is made and entered into for the sole protection and benefit of the parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. Parcel Builders in Tubvila South shall be deemed to be successors under this provision. 9.15 Interpretation. This Agreement has been reviewed and revised by legal counsel for both parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. 9.16 Notice. All communications, notices, and demands of any kind that a party under this Agreement requires or desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy mailed first class, or (iii) deposited in the u.s. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: If to the City: City of Tukwila 6300 Southcenter Boulevard Tubvila, .Washington 98188 Attn: Mayor's Office and Director of Public 'vVorks and Director of Community Development If to La Pianta: La Pianta LLC P.O. Box 88028 Tukwila, Washington 98138-2028 Attn: Mr. Mark A. Segale Notice by hand delivery or facsimile shall be effective upon receipt, provided that notice by facsimile shall be accompanied by mailed notice as set forth herein and shall be evidenced by a machine-printed confirmation of successful transmission. If deposited in the mail, certified mail, return receipt requested, notice shall be deemed delivered forty- eight (48) hours after deposited. Any party at any time by notice to the other party may designate a different address or person to which such notice or communication shall be gIven. 9.17 Delays. If either party is delayed in the performance of its obligations under this Agreement due to Force Majeure, then performance of those obligations shall be excused for the period of delay. For purposes of this Agreement, economic downturns, loss in value of La Pianta assets, inability to obtain or retain financing, do not constitute a force majeure event. - 40- 05-28-09 9.18 Payments. Any payments made pursuant to the terms of this Agreement shall be made within thirty days of invoice, unless otherwise specified in the Agreement. Any late payments shall be subject to interest charges at the rate of 12% per annum. 9.19 Indemnification. Except as otherwise specifically provided elsewhere in this Agreement and any exhibits hereto, each party shall protect, defend, indemnify and hold harmless the other party and their officers, agents, and employees, or any of them, from and against any and all claims, actions, suits liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from any negligent act or omission of the party's own officers, agents, and employees in performing services pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against a party, the party whose negligent action or omissions gave rise to the claim shall defend the other party at the indemnifying party's sole cost and expense; and if final judgment be rendered against the other party and its officers, agents, and employees or jointly the parties and their respective officers, agents, and employees, the parties whose actions or omissions gave rise to the claim shall satisfy the same; provided that, in the event of concurrent negligence, each party shall indemnify and hold the other parties harmless only to the extent of that party's negligence. The indemnification to the City hereunder shall be for the benefit of the City as an entity, and not for members of the general public. 9.20 Tuk\vila South Proiect is a Private Undertaking. The Tuk\vila South Project is a private development and the City has no interest therein except as authorized in the exercise of its governmental functions. In "Witness Whereof, the parties have caused this Agreement to be executed, effective on the day and year set forth on the first page hereof. - 41 - 05-28-09 CITY OF TUKWILA, a \Vashington municipal corporation By: Jim Haggerton, Mayor Date: ATTEST: Christy O'Flaherty, City Clerk APPROVED AS TO FORlY1: City Attomey La Pianta LLC, a \Vashington limited liability corporation By: Metro Land Development, Inc., Its: Manager By: M.A. Segale, President Date: - 42- 05-28-09 J- c----' I J/ " 11A1II;11~~~ ~ ~L~~~ a~~i:rme~ I c ~ ~ RBlVO( ~ .~\n 1rrrm ~! - g f---j BffiB ~"E 'H-ffi!-Hi ! ~ ~ - ! ,~:" ~ Hr ",1' ;;: 1 II r- 1 ~,: /; c '", - 8 188 8T ~ 0~~~\ /, Iff-, '-^~I ^ V ~ '..w II/, 1 \ ~ V "<4 ~'^V ~~ ~. ~ ,. -r'j ~ ~<v'<;, ANGLE ~~ #"?- $-<<) I~ ~. ~~ /~ /1 ,iii /0/ .L f-- -, I \ I; :1\ 8118' 8T - ~ =- JlI17 '. \ -n~ 9Jf- tiffi en ~TV ')(5 I 1 rnEBP ~ /' nl H,-~l - - - t-- -r-- r-- , ; ~ -=., \ v~ ~ o =~- ~f/ ~~~ I ~\\',\ "r . ~ljr;m;A))JI : ;; '\~ ;~ ; \ ~ ~ .. ru '~ ) , ~ .- , . . ,~ \ I ,._ . -' ',L ,"] . 1. ;.",,;0' ~' I ~,,' o};~ ~ r--- {;Q~ Ket~ va.m = - . ~ ~ V(j in I :; :; - - - ::=:: 6 ~ ~ ~- ~ ..~--=:w.....--_~ ., -~ 11JK'I'IILA SOUTH PROJ~CT . VICINITY MAP TUKWllA. KING COUNTY. WAS/'!lNGTON Exhibit 1 BJB. IGOLDSMITH 1& ASSOCtATES1 --.-.....-.....-.-..- EXIllBIT 2 T~A SOUTH PROPERTY LEGAL DESCRIPTION PARCEL 022204-9008: THAT PORTION OF THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERL Y OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO.1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 870 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO .THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01053' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, 11IROUGH A CENTRAL ANGLE OF 060 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72037' 15" WEST 338.36 FEET; THENCE SOUTH 570 55' 05" WEST 320.85 FEET; THENCE SOUTH 730 44' 15" WEST 208.18 FEET; THENCE SOUTH 17047' 50" \VEST 250.67 FEET; THENCE NORTH 450 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88045' 19"EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMlvfENCEMENT OF SAID LINE; THENCE SOUTH 110 41' 30" WEST 352.30 FEET; THENCE SOUTH 780 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST ~ OF THE NORTHWEST ~ OF SAID SECTION; THENCE NORTH 890 16' 32" WEST ALONG THE EAST- WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 020 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE Exhibit 2-1 CONTINUING NORTH 020 40' 47" EAST 68.04 FEET; THENCE NORTH 200 24' 53" EAST 88.72 FEET; THENCE NORTH 490 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40052' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 490 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON-TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 840 31' 00" \VEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89016' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAY AND STORM WATER RIGHT-OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUDI 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DIS1RICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH TIIAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORl"lER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNnR OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00030'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89054'02" WEST ALONG A LINE 22.8 FEET SOUTH OF At'ID PARALLEL TO THE EAST-WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00025'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST Exhibit 2-2 1/4 OF SECTION 3; THENCE NORTH 89040'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00030'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9033: THAT PORTION OF GOVERNNffiNTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, \-V.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 010 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE, ALONG SAID WEST LINE, SOUTH 01055' 10" EAST 343.94 FEET; THENCE NORTH 880 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01055' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 890 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORr.dERL Y AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 890 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 890 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77019' 20" EAST, 269.06 FEET; THENCE SOUTH 150 04' 10" WEST 311.46 FEET; THENCE SOUTH 88033' 10" WEST 198.77 FEET; THENCE NORTH 02041' 45" EAST 140.14 FEET; THENCE NORTH 72037' 15" WEST 373.20 FEET; THENCE SOUTH 570 55' 05" WEST 320.85 FEET; THENCE SOUTH 73044' 00" WEST 208.18 FEET; THENCE SOUTH 170 47' 50" WEST 250.67 FEET; THENCE NORTH 450 27' 10" w'EST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF L YING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING ExhIbit 2-3 COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KlNG, STATE OF WASHINGTON. PARCEL 022204-9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLO\VS: BEGINNING .ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 890 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 770 19' 20" EAST 269.06 FEET; THENCE SOUTH 15004' 10" WEST 311.46 FEET; THENCE SOUTH 880 33' 10" WEST 198.77 FEET; THENCE NORTH 020 41' 45" EAST 140.14 FEET; THENCE NORTH 720 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 'FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORm SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74001' 20" WEST 96.81 FEET; THENCE NORm 670 09' 20" \VEST 131.54 FEET; THENCE SOUTH 050 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT Ai'ID THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY~ LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KlNG, STATE OF WASHINGTON. PARCEL 022204-9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORm 890 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77019' 20" EAST, 269.06 FEET; THENCE SOUTH 15004' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING soum 15004' 10" WEST 146.63 FEET; THENCE soum 880 33' 10" WEST 198.77 FEET; THENCE NORTH 050 44' 15" EAST 225.46 FEET; THENCE SOUTH 670 09' 20" EAST, 131.54 FEET; THENCE SOUTII 74001' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9043: Exhibit 2-4 THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 870 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUill 42048' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 570 55' 05" "VEST 320.85 FEET; THENCE SOUTH 73044' 15" WEST 208.18 FEET; THENCE SOUTH 17047' 50" "VEST 250.67 FEET; THENCE SOUill 45027' 10" EAST 216.97 FEET; THENCE SOUTH 310 12' 21" WEST 731.63 FEET; THENCE SOUill 880 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 740 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01058' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORill 13053' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 060 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORill 070 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 030 05' 53", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72037' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST ~ OF THE NORTHWEST ~ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE P ARTICULARIL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUill 010 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45027' 10" EAST 766.45 FEET; THENCE SOUTH 31012' 21" WEST 731.63 FEET; THENCE SOUill 880 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTIffiRL Y ALONG SAID WEST :rvlARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST ~ OF THE NORTHWEST ~; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST ~ OF THE NORillWEST ~; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT TIIAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUill 010 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUill 880 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, Exhibit 2-5 PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11041' 30" WEST 352.30;THENCE SOUTH 780 09' 50" WEST 236.01 FEET; THENCE NORTH 290 00' 00" WEST 99.12 FEET; THENCE NORTH 11026' 35" EAST 51.27 FEET; THENCE NORTH 36052' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON TIffi WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 010 55' 10" EAST 812.83 FEET FROM TIffi NORTHWEST CORl'\1ER TIffiREOF; TIffiNCE NORTH 370 42' 25" EAST 12.78 FEET; THENCE SOUTH 42049' 45" EAST 193.04 FEET; THENCE SOUTH 300 11' 35" "VEST 85.52 FEET; THENCE NORTH 580 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; TIffiNCE NORTH 01055' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO.1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN TIffi COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTII, RANGE 4 EAST, W.M., L TING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTII OF SOUTH 200TH STREET; EXCEPT THAT PORTION TIffiREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN TIffi COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9006: TIffi SOUTHEAST 1/4 OF THE NORTHEAST 'l4 OF SECTION 3, TOWNSHIP 22 NORTII, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO.THE SEATILE AND WALLA RAILROAD AND TRAi"\TSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF TIffi SOUTII 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF L TING WITHIN THE FOLLOWING DESCRIBED TRACT, TO-WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTII, PROCEED SOUTII 01009' 08" EAST 1,392.41, ALONG THE "VEST LINE OF SAID SECTION 2, TO TIffi TRUE POINT OF BEGINNING; THENCE SOUTH 880 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTII 110 41' 30" WEST 352.30; THENCE SOUTH 78009' 50" WEST 236.01 FEET; THENCE NORTH 29000' 00" WEST 99.12 FEET; THENCE NORTII 11026' 35" EAST 51.27 FEET; TIffiNCE Exlnbit 2-6 NORTH 360 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAYS AND STORMWATERRIGHT-OF-WAYS AND STORM\VATER RIGHT-OF- WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9047: THAT PORTION OF THE NORTHEAST Y4 OF THE NORTHEAST 1;4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, \V.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGffiV A Y NO.1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01009' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 880 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENC SOUTH 110 41' 30" WEST 352.30 FEET; THENCE SOUTH 780 09' 50" WEST 236.01 FEET; THENCE NORTH 290 00' DO" WEST 99.12 FEET; THENCE NORTH 11026' 35" EAST 51.27 FEET; THENCE NORTH 360 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; MT]) EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1;4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W:M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1;4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND 51ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, \V.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE \VEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88057'43" WEST, 234.57 FEET; THENCE SOUTH 27037'40" WEST, 264.86 FEET; THENCE SOUTH 48011 '25" WEST, 269.46 FEET; THENCE SOUTH 51058'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERL Y, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0013'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0013'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGlN1\TJNG; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH Exhibit 2-8 STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST Y4 OF THE NORTHEAST 1;4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; MT]) EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF-WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092: THAT PORTION OF THE SOUTHEAST 1;4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 890 II' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 010 II' 00" EAST 30 FEET TO THE TRUE POINT OF BEGll\TNING; THENCE CONTINUING SOUTH 010 II' 00" EAST 300 FEET; THENCE SOUTH 890 II' 06H WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 010 II' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST Y4; THENCE NORTH 890 II' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9093: THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORi'lliR OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE Exlubit 2-9 SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89011 '06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01011 '00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1;4 OF THE NORTHEAST 1;4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064,2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO.1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND EXCEPT THAT PORTION CONDEMNED By'THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; SITUATE IN THE COUNTY OFKING, STATE OF 'W ASHINGTON. PARCEL 032204-9106: A PORTION OF THE WEST ~ OF THE NORTHWEST 1;4 OF SECTION 2 AND THE EAST ~ OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE P ARTICULARIL Y DESCRIBED AS FOLLO\VS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01009' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINN1NG; THENCE SOUTH 880 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORi'ffiR OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11041' 30" WEST 352.30;THENCE SOUTH 780 09' 50" WEST 236.01 FEET; THENCE NORTH 29000' 00" WEST 99.12 FEET; THENCE NORTH 11026' 35" EAST 51.27 FEET; THENCE NORTH 360 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 262304-9065: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 Exhibit 2-10 OF SECTION 26; THENCE NORTH 87045'57" "VEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHWEST 114, A DISTANCE OF 481.05 FEET TO THE WESTERL Y MARGIN OF SOUTHCENTER P ~W A Y; THENCE CONTINUING NORTH 87045'57" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 680 FEET, MORE OR LESS, TO A POINT ON A LINE WHICH IS PARALLEL WITH AND 39.0 FEET NORTHWESTERLY OF THE CENTER LINE OF A 19 FOOT RAILROAD EASEMENT ESTABLISHED BY INSTRUMENT RECORDED UNDER RECORDING NO. 6643573 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 16018'55" EAST ALONG SAID PARALLEL LINE 92 FEET, MORE OR LESS, TO THE CENTER LINE OF A 40 FOOT DRAINAGE EASEMENT GRANTED TO THE STATE OF WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 6233536; THENCE NORTH 50038'32" WEST ALONG SAID DRAINAGE EASEMENT CENTER LINE 224 FEET, MORE OR LESS, TO THE WEST LINE OF THE SOUTHEAST 114 OF THE SOUTHWEST 114 OF SAID SECTION 26; THENCE SOUTH 00056'36" WEST ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID SUBDIVISION TO THE TRUE POINT OF BEGINNING; TOGETHER WITH ALL RIGHTS IN THOSE CERTAIN 15 FOOT EASEMENTS RESERVED IN DOCUMENTS RECORDED UNDER KING COUNTY RECORDING NOS. 7701050685 AND 7701050686; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9008: THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF MUSIEL ROAD; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9009: THAT PORTION OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87045'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST Y4, A DISTANCE OF 481.05 FEET TO THE WESTERLY MARGIN OF SOUTHCENTER PARKWAY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 11059'33" EAST, ALONG SAID WEST MARGIN, A DISTANCE OF 41.27 FEET; THENCE NORTH 87045'5r WEST A DISTANCE OF 229.11 FEET; THENCE SOUTH 42030'2r WEST A DISTANCE OF 695.97 FEET; THENCE SOUTH 52044'03" EAST TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE VlESTERL Y, ALONG SAID SOUTH LINE, TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35; THENCE NORTH 01049'41" EAST, ALONG SAID EAST LINE, TO THE NORTHEAST CORNER OF SAID NORTHWEST 114; THENCE SOUTH Exhibit 2-11 87045'57" EAST, ALONG THE NORTH LINE, OF SAID NORTHWEST 1;4, A DISTANCE OF 831.10 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF SAID TRACT LYING WITHIN THE BOUNDARIES OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. BLA-8-79, RECORDED UNDER KING COUNTY RECORDING NO. 7908230752; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9013: THAT PORTION OF THE SOUTHEAST Y4 OF THE NORTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY LINE OF SAID SUBDIVISION AT A POINT 657.02 FEET WESTERLY OF THE INTERSECTION OF SAID SOUTHERLY LINE WITH THE WESTERLY LINE OF COUNTY ROAD NO. 540 (57TH AVENUE SOUTH), SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE NORTH 16021'00" EAST 831.38 FEET TO THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND; THENCE SOUTH 87053'30" EAST 504.80 FEET; THENCE NORTH 60047'30" EAST 206.43 FEET TO THE WESTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE NORTHERLY LINE OF SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE WESTERLY LINE THEREOF TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG THE SOUTHERLY LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87051'01" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION 800 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250 FEET; THENCE EAST PARALLEL WITH THE SAID NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87051'01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH\VEST CORNER OF SAID SUBDIVISION; THENCE NORTH 01049'45" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 566.20 FEET; THENCE NORTH 63006'45" EAST 485.45 FEET TO AN IRON PIPE AT THE NORTHWESTERLY CORNER OF SAID CERTAIN TRACT OF LAND DESCRIBED IN INSTRUMENT RECORDED UNDER RECORDING NO. 4744487; THENCE SOUTH 18030'20" WEST ALONG THE WESTERLY LINE OF SAID TRACT 835.35 FEET TO THE SOUTH LINE OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF SAID SECTION; THENCE NORTH 87056'03" WEST ALONG SAID SOUTH LINE 186.03 FEET TO THE POINT OF Exlubit 2-12 BEGINNING; AND EXCEPT COUNTY ROADS; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9015: PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADmSTMENT NUMBER L06-029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87059'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87059'06" EAST 328.00 FEET; THENCE NORTH 16056'40" EAST 262.12 FEET; THENCE NORTH 4JDll '37" WEST TO THE EASTERLY RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH TtIE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9018: LOT B OF BOUNDARY LINE ADmSTMENT NO. L99-0008, RECORDED UNDER KING COUNTY RECORDING NO. 9906099010, RECORDS OF KING COUNTY, \V ASHINGTON; BEING A PORTION OF GOVERNMENT LOT 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9019: THAT PORTION OF THE SOUTHWEST 1;4 OF THE NORTHEAST Y4 OF THE NORTH\VEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1;4 OF THE NORTHEAST Y4 OF THE NORTHWEST 1;4 OF SAID SECTION; THENCE SOUTH 87050'57" EAST 286.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 23027'57" EAST 147.13 FEET; THENCE SOUTH 87050'57" EAST 25 FEET; THENCE NORTH 23027'57" EAST 180 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; Exhibit 2-13 THENCE SOUTH 55013'03" EAST ALONG SAID SOUTHERLY MARGIN 195.78 FEET; THENCE ALONG THE WESTERLY MARGIN OF SAID MUSIEL ROAD SOUTH 29037'57" WEST 224.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE NORTH 87050'57" WEST ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE SOUTHWEST 1;4 OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF, SOUTH 87050'57" EAST 365.16 FEET; THENCE NORTH 02009'03" EAST 137.09 FEET; THENCE NORTH 23027'57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60038'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21038'27" WEST 120.39 FEET; THENCE NORTH 68052'03" WEST 70.06 FEET; THENCE NORTH 23027'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6405581; TOGETHER WITH THOSE PORTIONS OF MUSIEL ROAD (SOUTH 178TH STREET) VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 WHICH ATTACHED THERETO BY OPERATION OF LAW; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF 'WASHINGTON. PARCEL 352304-9025: THAT PORTION OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RAi'lGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NORTHWEST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 01049'41" WEST, ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 114 OF SAID SECTION 35, A DISTANCE OF 757.08 FEET TO THE NORTHERLY MARGIN OF SOUTH 178TH STREET (p.J. MUSIEL COUNTY ROAD); THENCE NORTH 65022'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 240.64 FEET; THENCE NORTH 47046'03" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 341.00 FEET TO THE EAST RIGHT -OF- WAY LINE OF PRIMARY STATE HIGHWAY NO. 1 (JUNCTION S. S. H. NO. 5A TO SOUTH 178TH STREET); THENCE NORTH 09032'33" EAST, ALONG SAID EAST RIGHT- OF-WAY LINE, A DISTANCE OF 240.39 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 11,199.16 FEET, AN ARC DISTANCE OF 209.74 FEET, THROUGH A CENTRAL ANGLE OF 01004'23", TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 87045'57" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 419.14 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED SOUTH 178TH STREET ADJOINING, PURSUANT TO Exhibit 2-14 ORDINANCE NO. 8238, WHICH UPON VACATION, ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; SITUATE IN THE CITY OF TUK\VILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9027: THE NORTH 25.25 FEET OF THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 87045'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1;4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11059'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11059'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78000'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20003'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST Y4, BEING THE NORTHERLY MARGIN of THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87050'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85035'34", TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06016'32", TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29042'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55008'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37055'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY M.A...RGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62056'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33034'48"; THENCE NORTH 60038'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02052'29"; THENCE NORTH 63030'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF Exlubit2-15 THE NORTHWEST 1/4; THENCE NORTH 01049'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 114 OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52044'03" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 52044'03" EAST TO SAID POINT "A", WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37055'55" WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9032: THAT PORTION OF THE SOUTHEAST Y4 OF THE NORTHWEST Y4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 880 53' 32" WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH 080 43'18" WEST 477.17 FEET; THENCE SOUTH 170 59' 30" WEST 247.69 TO THE TRUE POINT OF BEGINNING; THENCE CONTINING SOUTH 170 59' 30" WEST 151.00 FEET; THENCE SOUTH 71043' 40" EAST 203.51 FEET; THENCE NORTH 16028' 50" EAST 151.08 FEET; THENCE NORTH 71 043' 40" WEST 199.53 FEET TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9033: THE SOUTH 660 FEET OF THE SOUTHWEST Y4 OF THE NORTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 792 FEET THEREOF; AND EXCEPT THAT PORTION LYING NORTHWEST OF THE CITY OF SEATAC - CITY OF TUKWILA CORPORATE BOUNDARY AS ESTABLISHED BY TUKWILA ORDINANCE #269. PARCEL 352304-9036: PARCEL C OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9038: PARCEL A: Exlubit 2-16 THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTffiVEST 114 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST \V.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 114 OF THE NORTHWEST 114; THENCE NORTH 87045'57" WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST V4, A DISTANCE OF 481.05 FEET, TO THE WESTERLY MARGIN OF THE SOUTHCENTER PARKWAY; THENCE SOUTH 11059'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET; THENCE CONTINUING SOUTH 11059'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78000'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT ON THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20003'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1;4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET;THENCE NORTH 87050'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT, HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85035'34", TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE LEFT HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06016'32", TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29042'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55008'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET TO THE TRUE POINT OF BEGINNING, AND FROM WHICH SAID TRUE POINT OF BEGINNING, POINT "A" WHICH IS TO BE USED FOR LATER REFERENCE HEREIN, LIES NORTH 37055'55" EAST, A DISTANCE OF 173.09 FEET; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS SOUTH 62056'38" WEST, HAVING A RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 157.50 FEET, THROUGH A CENTRAL ANGLE OF 33034'48"; THENCE NORTH 60038'10" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 204.96 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 508.59 FEET, AN ARC DISTANCE OF 25.52 FEET, THROUGH A CENTRAL ANGLE OF 02052'29"; THENCE NORTH 63030'39" WEST, ALONG SAID NORTHERLY MARGIN, A DISTAi"\fCE OF 290.59 FEET TO THE WEST LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH 01049'41" EAST, ALONG SAID WEST LINE, TO THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF THE NORTHWEST 114 OF SAID SECTION 35; THENCE EASTERLY, ALONG SAID SOUTH LINE, TO INTERSECT A LINE WHICH BEARS NORTH 52044'03" WEST FROM THE AFOREMENTIONED POINT "A"; THENCE SOUTH 52044'03" EAST TO SAID POINT "A", WHICH POINT IS THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO Exlubit 2-17 AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE SOUTH 37055'5511 WEST 173.09 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 25.25 FEET THEREOF; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THAT PORTION OF THE NORTHEAST 114 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE NORTffiVEST 1/4 ; THENCE NORTH 87045'5711 WEST, ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 481.05 FEET, TO THE \VESTERL Y MARGIN OF SOUTHCENTER P ARKW A Y; THENCE SOUTH 11059'33" EAST, ALONG SAID WESTERLY MARGIN, A DISTANCE OF 1,007.07 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 11059'33" EAST, ALONG SAID MARGIN, A DISTANCE OF 94.05 FEET; THENCE SOUTH 78000'27" WEST A DISTANCE OF 68.93 FEET TO AN ANGLE POINT OF THE OLD ALIGNMENT OF SOUTH 178TH STREET (FORMERLY KNOWN AS P.J. MUSIEL COUNTY ROAD); THENCE SOUTH 20003'27" WEST, ALONG THE OLD CENTERLINE OF SAID STREET, A DISTANCE OF 221.29 FEET TO A LINE 30 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHWEST 1/4, BEING THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 87050'57" WEST, ALONG SAID NORTHERLY MARGIN, A DISTANCE OF 233.08 FEET TO A POINT OF CURVE; THENCE ALONG SAID NORTHERLY MARGIN, ON A CURVE TO THE RIGHT HAVING A RADIUS OF 113.24 FEET, AN ARC DISTANCE OF 169.17 FEET, THROUGH A CENTRAL ANGLE OF 85035'34" TO A POINT OF REVERSE CURVE; THENCE ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE LEFT, HA VINGA RADIUS OF 268.74 FEET, AN ARC DISTANCE OF 29.43 FEET, THROUGH A CENTRAL ANGLE OF 06016'3211 TO THE OLD CENTERLINE OF SAID SOUTH 178TH STREET; THENCE NORTH 29042'27" EAST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 52.69 FEET TO AN ANGLE POINT; THENCE NORTH 55008'33" WEST, ALONG SAID OLD CENTERLINE, A DISTANCE OF 64.04 FEET TO THE NORTHERLY MARGIN OF THE NEW ALIGNMENT OF SAID SOUTH 178TH STREET; THENCE NORTH 37055'55" EAST 173.09 FEET TO THE MOST SOUTHERLY CORNER OF A TRACT OF LAND CONVEYED TO AMERICAN NATIONAL INSURANCE BY DEED RECORDED OCTOBER 16, 1970 UNDER RECORDING NO. 6704630; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID CONVEYED TRACT, NORTH 42030'27" EAST, A DISTANCE OF 106.34 FEET, ALONG THE SOUTHEASTERLY LINE OF A.1'v1ERICAN NATIONAL INSURANCE'S TRACT TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF A TRACT CONVEYED TO LAUREL DEVELOPMENT CO., A WASHINGTON CORPORATION, BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7611100056; THENCE ALONG THE SOUTHERLY LINE OF SAID LAUREL DEVELOPMENT CO. TRACT, SOUTH 51025'11" EAST, A DISTANCE OF 57.27 FEET; THENCE SOUTH 45056'15" EAST A DISTANCE OF 62.15 FEET; THENCE SOUTH 51032'16" EAST A DISTANCE OF 47.25 FEET; THENCE SOUTH 76031'22" EAST A Exb1bit 2-18 DISTANCE OF 72.20 FEET; THENCE SOUTH 87045'51" EAST A DISTANCE OF 120.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9040: THAT PORTION OF THE SOUTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87051'01" EAST ALONG THE NORTH LINE OF SAID SUBDIVISION 800.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH PERPENDICULAR TO THE SAID NORTH LINE OF SAID SUBDIVISION 250.00 FEET; THENCE EAST PARALLEL WITH SAID NORTH LINE OF SAID ~ SUBDIVISION TO THE WEST LINE OF COUNTY ROAD NO. 540; THENCE NORTHERLY ALONG THE SAID WESTERLY LINE OF SAID COUNTY ROAD TO THE INTERSECTION, WITH THE SAID NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 87057'01" WEST ALONG SAID NORTH LINE OF SAID SUBDIVISION 335.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT COUNTY ROAD; EXCEPT THAT PORTION CONDEMNED IN KING COUNTY CAUSE NO. 698092 BY THE CITY OF TUKWILA FOR ROAD PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA IN CONCOMITANT ZONING AGREEMENT RECORDED UNDER RECORDING NO. 8708270391; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST 1;4 OF THE SOUTHWEST 1;4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGThTNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, FROM WHICH POINT THE SOUTffiVEST CORNER OF SAID SECTION 35, BEARS SOUTH 00056' 40" WEST 1,048.79 AND NORTH 89003' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 080 13' 05" EAST 36.70 FEET; THENCE SOUTH 190 59' 25" WEST 520.10 FEET; THENCE SOUTH 73005' 40" EAST 233.32 FEET; THENCE NORTH 160 29' 55" EAST 474.00 FEET; THENCE SOUTH 640 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 890 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 870 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 Exhibit 2-19 FEET WIDE); THENCE NORTH 01054' 58" \VEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 880 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 620 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 250 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83013' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70051' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19008' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19008' 28" WEST 100.00 FEET; THENCE NORTH 70051' 32" WEST 100.00 FEET; THENCE NORTH 19008' 28" EAST 100.00 FEET; THENCE SOUTH 700 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9045: THAT PORTION OF THE SOUTHWEST 1;4 OF THE SOUTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1;4 OF SAID SECTION 35; THENCE SOUTH 870 59' 06" EAST, ALONG THE SOUTH LINE OF SAID SOUTHWEST Y4, 835.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 870 59' 06" EAST, ALONG SAID SOUTH LINE, 438.99 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76; THENCE NORTH 01053' 23" WEST, ALONG SAID MARGIN, 216.74 FEET; THENCE ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THROUGH A CENTRAL ANGLE OF 020 52' 12", AN ARC DISTANCE OF 15.35 FEET TO A SURVEY MONUMENT ON THE SOUTH LINE OF THE NORTH 1,089.31 FEET OF SAID SOUTHWEST 1;4 OF THE SOUTHWEST 1;4 OF SECTION 35; THENCE NORTH 870 57' 17" WEST ON THE SOUTH LINE, 331.09 FEET, MORE OR LESS, TO A SURVEY MONUMENT; THENCE NORTH 470 11' 37" WEST 32.95 FEET; THENCE SOUTH 160 56' 40" WEST 262.12 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9049: THE NORTH 490 FEET OF THE EAST 100 FEET OF THAT PORTION OF THE SOUTHWEST 1;4 OF THE SOUTHWEST Y4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH BOUNDARY LINE OF THE SOUTHWEST 1;4 OF THE SOUTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION BEARS NORTH 89003'20" WEST, A DISTANCE OF 507.00 FEET; THENCE ALONG SAID Exhibit 2-20 SOUTH LINE SOUTH 89003 '20" EAST TO THE WESTERLY LINE OF COUNTY ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE OF SAID COUNTY ROAD, TO ITS INTERSECTION WITH THE EAST LINE OF THE SOUTHWEST 1;4 OF THE SOUTHWEST Y4 OF SECTION 35; THENCE NORTHERLY ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG THE NORTH LINE THEREOF, 100.00 FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION 490.00 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 1238.31 FEET, MORE OR LESS, TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTHERL Y ALONG SAID WEST LINE TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THE ORILLIA ROAD EXTENSION; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE OF SAID ROAD TO ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND HERETOFORE CONVEYED TO KING COUNTY BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, RECORDS OF KING COUNTY, RECORDED UNDER RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE TO AN ANGLE POINT HEREIN;THENCE CONTINUING SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT, 731.2 FEET TO THE PLACE OF BEGINNING; EXCEPT ANY PORTION THEREOF L llNG WITHIN A TRACT OF LAND CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 3353356; SITUATE IN THE, CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE VlEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9051: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE ORILLIA ROAD EXTENSION, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION Exhibit 2-21 35;THENCE SOUTH 87056'00" EAST ALONG EAST AND WEST CENTER LINE 960 FEET; THENCE SOUTH 53024'59" WEST 727.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 38042'02" EAST 1144.63 FEET TO SOUTH LINE OF NORTHWEST QUARTER OF SOUTH\VEST QUARTER; THENCE SOUTH 87057'00" EAST ALONG SAID SOUTH LINE 100 FEET TO SOUTHEAST CORNER SAID SUBDIVISION; HENCE NORTH 04004'00" EAST ALONG EAST LINE TO A POINT BEARING SOUTH 85056'00" EAST FROM BEGINNING; THENCE NORTH 85056'00" WEST TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION LYING WITHIN THAT CERTAIN TRACT CONVEYED TO CHARLES C. STRONG AND OTHERS, DATED JULY 5, 1904, AND RECORDED UNDER RECORDING NO. 322573; AND EXCEPT THAT PORTION CONDEMNED IN KING COUNTY SC# 590470 FOR PRIMARY STATE HIGHWAY NO. 1. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9055: LOT 1 OF SHORT PLAT NO. 86-45-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF W ASHlNGTON. PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTEP~ Y MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87058'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87058'28" EAST 80 FEET; THENCE NORTH 15000'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87058'28" WEST 80 FEET; THENCE SOUTH 15000'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGffiVAYNO. 1 (SRS) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTH\VEST CORNER OF SECTION; THENCE NORTH 26048'20" WEST TO Exhibit 2-22 NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87058'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15000'00' EAST TO'- BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO.1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9068: THAT PORTION OF THE SOUTHWEST Y4 OF THE SOUTHWEST Y4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE SOUTH 040 04' 20" WEST, ALONG THE EASTERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 490 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 87057' 17" WEST, PARALLEL \VITH THE NORTHERLY LINE OF SAID SUBDIVISION, A DISTANCE OF 843.32 FEET TO A POINT WHICH IS SOUTH 870 57' 17" EAST 495 FEET FROM THE WESTERLY LINE OF SAID SUBDIVISION; THENCE SOUTH 282.00 FEET TO THE THREAD OF A CREEK FLOWING SOUTHEASTERLY; THENCE SOUTH 470 11' 37" EAST 486.74 FEET TO A POINT ON THE THREAD OF SAID CREEK; THENCE SOUTH 87057' IT' EAST 338.76 FEET TO AN INTERSECTION WITH THE WESTERLY MARGIN OF MESS BROS. COUNTY ROAD NO. 76 (57TH AVENUE SOUTH) AS PRESENTLY LOCATED AND HAVING A TOTAL RIGHT OF WAY WIDTH OF 40 FEET; THENCE ALONG SAID ROAD MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 306.48 FEET, THE CENTER OF WHICH BEARS SOUTH 880 40' 12" EAST, AN ARC DISTANCE OF 143.56 FEET; THENCE NORTH 28010' 08" EAST 191.48 FEET TO AN INTERSECTION OF SAID ROAD MARGIN WITH THE EASTERLY LINE OF SAID SUBDIVISION; THENCE NORTH 040 04' 20" EAST 289.11 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WITHIN PRIMARY STATE HIGHWAY NO.1 AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 672088; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF \V ASHINGTON. PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05044' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87057' 17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT- OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87057'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT -OF - WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82046'30" WEST Exhibit 2-23 59.85 FEET; THENCE NORTH 07013'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE mGHW A Y NO.1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9090: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE ALONG THE SOUTH LINE THEREOF SOUTH 87050'57" EAST 365.16 FEET; THENCE NORTH 02009'03" EAST 137.09 FEET; THENCE NORTH 23027'57" EAST 179.32 FEET TO THE SOUTHWESTERLY MARGIN OF SOUTH 178TH STREET; THENCE ALONG SAID MARGIN SOUTH 60038'09" EAST 10.11 FEET; THENCE ALONG SAID MARGIN SOUTHEASTERLY ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 208.74 FEET, A DISTANCE OF 10.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID MARGIN AND SAID CURVE A DISTANCE OF 70.00 FEET; THENCE SOUTH 21038'27" WEST 120.39 FEET; THENCE NORTH 68052'03" WEST 70.06 FEET; THENCE NORTH 23027'57" EAST 145.00 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9104: THAT PORTION OF GOVERNMENT LOT 5 AND OF THE SOUTHWEST 1;4 OF THE NORTHEAST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST Y4 OF THE NORTHEAST 1;4; THEN~E SOUTH 07044'56" WEST 956.67 FEET TO A POINT OF A CURVE; THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A CENTRAL ANGLE OF 05022'20", AN ARC DISTANCE OF 234.41 FEET; THENCE NORTH 76052'44" WEST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 69015'04" WEST 55.31 FEET; THENCE NORTH 30055'15" WEST 56.43 FEET; THENCE NORTH 82015'04" \VEST 185.24 FEET; THENCE SOUTH 07044'56" WEST 51.23 FEET; THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH A CENTRAL ANGLE OF 13000'00" AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20044'56" WEST 396 FEET; THENCE SOUTH 69015'04" EAST 180 FEET; THENCE SOUTH 20044'56" WEST 15 FEET; THENCE SOUTH 69015'04" EAST 85.77 FEET; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 2470 FEET THROUGH A CENTRAL ANGLE OF 13022'12" Ai\T ARC DISTANCE OF 576.38 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. Exhibit 2-24 PARCEL 352304-9108: A 20.0 FOOT WIDE STRIP OF LAND LOCATED \VITHIN THAT PORTION OF THE EAST 112 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF THE SOUTHERLY LINE OF SOUTH 180TH STREET, HAVING 10.0 FEET OF SUCH WIDTH ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A MONUMENT AT THE INTERSECTION OF THE CENTERLINE OF ANDOVER PARK WEST \VITH THE CENTERLINE OF SOUTH 180TH STREET; THENCE SOUTH 87050'09" EAST, 309.00 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET, THROUGH A CENTRAL ANGLE OF 08025'33", AN ARC DISTANCE OF 44.12 FEET; THENCE ALONG A CURVE TO THE RIGHT, WHOSE CENTER BEARS NORTH 77023 '28" WEST, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 03049'21 ", AN ARC DISTANCE OF 38.23 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 572.96 FEET, THROUGH A CENTRAL ANGLE OF 00025'46", AN ARC DISTANCE OF 4.29 FEET, TO A POINT OF COMPOUND CURVE; THENCE ALONG A 140 CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 58014' 17", AN ARC DISTANCE OF 415.99 FEET; THENCE SOUTH 75005'56" WEST, 139.64 FEET TO A POINT OF CURVE; THENCE ALONG A 140 CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 55041 '00", AN ARC DISTANCE OF 397.74 FEET; THENCE SOUTH 19024'56" WEST, 161.29 FEET TO A POINT OF CURVE; THENCE ALONG A 120 CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 11040'00", AN ARC DISTANCE OF 97.22 FEET; THENCE SOUTH 07044'56" VTEST, 261.95 FEET TO A POINT OF CURVE; THENCE ALONG A 120 CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 13000'00", AN ARC DISTANCE OF 108.33 FEET; THENCE SOUTH 20044'56" WEST, A DISTANCE OF 400.00 FEET TO THE TERMINUS OF THIS CENTERLINE; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9109: THAT PORTION OF THE SOUTHWEST 1;4 OF THE NORTHEAST 1;4 OF THE NORTHWEST 1;4 OF SECTION 35, TUWNSHIP 23 NORTH, RANGE 4 EAST, M.M., LYING SOUTH AND WEST OF P.J. MUSIEL ROAD (SOUTH 178TH STREET), DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1;4 OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 OF SAID SECTION; THENCE NORTH 01049' 41" EAST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 503.47 FEET TO A POINT ON THE SOUTHERLY MARGIN OF SAID P.J. MUSIEL ROAD; THENCE SOUTH 6502633" EAST ALONG SAID SOUTHERLY MARGIN, 374.01 FEET; THENCE SOUTH 550 13' 03" EAST 104.12 FEET; rclENCE SOUTH 23027' 57" WEST 180 FEET; THENCE NORTH 87050' 57" WEST 25 FEET; THENCE SOUTH 23027' 57" WEST 147.13 FEET; THENCE NORTH 870 50' 57" WEDT 286.71 FEET TO THE POINT OF BEGINNING; Exhibit 2-25 TOGETHER WITH THAT PORTION OF SOUTH 187TH STREET, MUSIEL ROAD, AS VACATED BY THE CITY OF TUKWILA BY ORDINANCE NO. 556 AND RECORDED UNDER RECORDING NO. 64055081; EXCEPT THAT PORTION CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 64055081. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9112: LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER KING COUNTY RECORDING NO. 8505090619; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF \V ASHINGTON. PARCEL 352304-9115 PARCEL E OF CITY OF TUKWILA BOUNDARY LINE ADWSTMENT NO. L02- 029 RECORDED UNDER KING COUNTY RECORDING NO. 20021007900001; TOGETHER WITH AN EASEMENT FOR INGRESS At'ID EGRESS AND UTILITIES OVER, ALONG, ACROSS, IN AND THROUGH PARCEL A (SHOWN AS "SEGALE DRIVE C") OF CITY OF TUKWILA BOUNDARY LINE ADWSTMENT NO. L02- 0029 AS RECORDED ill\TOER KING COUNTY RECORDING NO. 20021007900001; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9116: P .ARCEL D OF CITY OF TUKWILA BOUNDARY LINE ADWSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUK\VILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9117: THAT PORTION OF THE SOUTHEAST Y4 OF THE SOUTHWEST 1;4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87058'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01054'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88005'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62010'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25055'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, Exhibit 2-26 THROUGH A CENTRAL ANGLE OF 83013 '26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70051 '32" EAST 121.13 FEET TO THE E1\TD OF SAID EASEIvlliNT; THENCE SOUTH 19008'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19008'28" WEST 100.00 FEET; THENCE NORTH 70051 '32" WEST 100.00 FEET; THENCE NORTH 19008'28" EAST 100.00 FEET; THENCE SOUTH 70051 '32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9118: PARCEL F OF CITY OF TUKWILA BOUNDARY LINE ADmSTMENT NO. L99- 0008, AS RECORDED UNDER RECORDING NO. 9906099010, RECORDS OF KING COUNTY, LOCATED WITHIN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M.; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON PARCEL 352304-9119: PARCEL A OF CITY OF TUKWILA BOUNDARY LINE ADmSTMENT NO. L02- 029, AS RECORDED UNDER RECORDING NO. 20021007900001, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9120: THAT PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 114 OF THE NORTHEAST 1/4 OF SAID SECTION 35; THENCE SOUTH 87050'09" EAST ALONG THE NORTH LINE THEREOF 449.30 FEET; THENCE SOUTH 02009'51" WEST 36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 87050'09" EAST ALONG SAID SOUTH MARGIN 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95035'05" AN ARC DISTANCE OF 83.41 FEET; THENCE SOUTH 07044'56" WEST 348.56 FEET; THENCE NORTH 87050'09" WEST 802.76 FEET; THENCE NORTH 02009'51" EAST 401.77 FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT 3 OF CITY OF TUKWILA BOUNDARY LINE ADmSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961); SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9121: Exhibit 2-27 LOT 4 OF BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING COUNTY RECORDING NO. 9311301961, RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF THE SOUTHWEST Y4 OF THE NORTHEAST 1;4 AND GOVERNMENT LOTS 2 AND 5 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9017: THAT PORTION OF GOVERNMENT LOT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS:. BEGINNING ON THE EASTERLY MARGIN OF COUNTY ROAD IN GOVERi'lMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST 1,048.79 FEET NORTH OF THE SOUTffiVEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05" EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST 520.10 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 73005'40" EAST 233.32 FEET; THENCE NORTH 16029'55" EAST 374.00 FEET; THENCE NORTH 66002'38" WEST 211.14 FEET TO A POINT WHICH BEARS NORTH 19059'25" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 19059'25" WEST 420.10 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENANT OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. Exhibit 2-28 . '1r,;)?' l ~ /'~;:(!~jii ; <:0.. IF = ~'-j l) il i ~ ~ ~ 'do ._-'. /"O~~ ~ \3 -- _F'/' /- ../;/.>>]... ~ r7 -/, ",-c, B b; -,i)~// /:::/';~~;~'I i ~ ~ ~ ~.//' .//';~~}}3f/:- ~ 0 · /' '/ ,. ?'." Y J.---;-. ... , /l~,):::~~;<~>~~!' {~ > ~ 1/::;t" ,'.'.' , " ~~. --- -, / (=-~Tt=~<~f1-----:! ,,II ~ ~'rfiiFf{;j ~ - i ~~, r--;, ' '-0.1---_:2 h' J:""'" !l!l (/)C ~ . ....wl ~t ~~~ i~ ~~f d OO~ ~~ o ~ _ ...J (/).9 ~ ~ O(/)<(g ~~ '= ==::0- X . <: ;,,; ~~~ II : iTT;-" ." '-' ~ Q&j n u ~ _. ~1:~ ;-~ ,~,'~~~ :: ~.'~ J j i\';~.~~~L\~.~~ J.SlllS ~-: ! ~ -c-~-r--, ~ -----n "...., ! ~..~ ;: :::: b tt: ~ -- --'-.- , , , , '- -"":0 N g .~ w, o o ~ j; .--- / Ii ~ ~ - ' t " :- LJ ';"--. _J -----;- - r- -"; {~-; i ~3 --. ~H-- ~'L._: ~. . . . . H- -i! ' i i I :! , , . , : - :~-~-~.."....~~~ --.': : j..-H_ -; ~VEM---: _; '~ E ~-..... -". {f\ ~ N "', 'v\~ ~ 0 '\ " S ~ / ~.r o Z <l: I-(j) z<l: wW ;20:: O-<l: 01- -1z Ww >;2 Wo- OD :1:-1 I-W :J> OW (j)0 I <l:Z -10 ~Z ~ :J I- ii o " \\\ i Exhibit 3 I- ro I'" x ill " o \; " ~ .. .. .. --' ;0 '" ~ ... o >- l- i} Exhibit 4 In its entirety is located on Page Unfinished Business Item 6.d(2) Exhibit 4 .- ~:.. TUKWILA SOUTH PROJECT TUKWILA SOUTH OVERLAY ZONING DISTRICT Exhibit 5 TUK"nlA. KING COUNTY, WASblNGTCN EXHIBIT 6 EXPANSION AREAS LEGAL DESCRIPTION PARCEL 032204-9049: THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST 1;4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; EXCLUDING THAT PORTION LYING SOUTH OF THE NORTH MARGIN OF SOUTH 204TH STREET; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 89011'16" \VEST 1,565.30 FEET AND SOUTH 010 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 010 11' 00" WEST 171.01 FEET; THENCE NORTH 100 39' 06" EAST 137.87 FEET; THENCE NORTH 460 52' 13" EAST 73.354 FEET; THENCE NORTH 890 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89011' 06" WEST 1,340.72 FEET AND SOUTH 010 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 010 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 890 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1,1999; TOGETHER WITH AN EASEMENT FOR ROADWAY AS ESTABLISHED BY DEED RECORDED OCTOBER 16, 1947 UNDER KING COUNTY RECORDING NO. 3734338; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9014: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ANNA MESS COUNTY ROAD (SOUTHCENTER P ARKW A Y, FORMERLY 57TH AVENUE SOUTH) MT]) SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 000 58' 10" WEST 313.17 FEET SOUTH AND NORTH 890 01' 50" WEST 505.54 FEET, Exhibit 6-1 SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 670 36' 00" EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 670 36' 00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9081 THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT FROM WHICH THE NORTHWEST CORNER OF SAID GOVERNMENT LOT 7 BEARS SOUTH 000 58' 10" WEST 313.17 FEET AND NORTH 890 01' 50" WEST, 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE NORTH BOUNDARY LINE OF SAID GOVERNMENT LOT, SAID POINT BEING MARKED BY A CONCRETE MONUMENT SET BY R. W. JONES AND ASSOC. ENGINEERS AND SURVEYORS ON OCTOBER 4, 1966;THENCE SOUTH 67036' 00" EAST 248.63 FEET; THENCE SOUTH 230 57' 22" WEST 352.69 FEET TO THE TRUE POINT OF BEGINNING; THE NORTH 660 02' 38" WEST 250 FEET, MORE OR LESS, TO THE EAST LINE OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORi\1ERL Y 57TH AVENUE SOUTH); THENCE NORTH 23027' 22" EAST 5.14 FEET TO THE NORTH LINE GOVERNMENT LOT 7; THENCE SOUTH 89001' 50" EAST TO BANK OF GREEN RIVER; THENCE SOUTHWESTERLY ALONG SAID RIVER BANK, TO A POINT THAT BEARS SOUTH 66002' 38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 660 02' 38" WEST TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9034: PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NUMBER L06-029 RECORDED UNDER RECORDING NO. 20060913900003; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9082: THAT PORTION OF GOVERNMENT 7, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY MARGIN OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) IN GOVERNMENT LOT 7, IN SAID SECTION AT A POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05" EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST 520.10 FEET; THENCE SOUTH 73005'40" Exlu'bit 6-2 EAST 233.32 FEET; THENCE NORTH 16029'55" EAST 474.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 16029" 55" EAST 100 FEET; THENCE SOUTH 64017'20" EAST 232.26 FEET TO THE BANK OF GREEN RIVER; THENCE NORTHERLY ALONG SAID BANK OF GREEN RIVER TO A LINE ESTABLISHED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 7308030425; THENCE ALONG SAID LINE NORTH 66002'38" WEST 250 FEET TO A POINT ON THE EASTERLY MARGIN OF COUNTY ROAD WHICH BEARS SOUTH 25001'18" WEST 5.14 FEET FROM THE NORTH LINE OF SAID GOVERNMENT LOT 7; THENCE SOUTH 25001'18" WEST ALONG SAID ROAD MARGIN TO A POINT SOUTH 89003'20" EAST 1,656.75 FEET AND NORTH 00056'40" EAST 1,048.79 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 35; THENCE SOUTH 08013'05" EAST 36.70 FEET; THENCE SOUTH 19059'25" WEST TO A POINT WHICH BEARS NORTH 66002'38" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 66002'38" EAST 211.14 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9061 ("CITY DETENTION POND") BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89016'32" WEST, ALONG THE EAST-WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02040'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02040'47" EAST 68.04 FEET; THENCE NORTH 20024'53" EAST 88.72 FEET; THENCE NORTH 49007'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40052'58" EAST, ALONG SAID SOlJTHWESTERL Y MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49007'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON-TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84031 '00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89016'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. "CITY TRIANGULAR PARCEL": THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87050'57" WEST, 243.15 FEET; THENCE NORTH 02009'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78000'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER P ARKW A Y, AS CONVEYED BY DEED RECORDED UNDER KING Exhibit 6-3 COUNTY RECORDING NO. 6343848; THENCE SOUTH 11059'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00008'00", AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24056'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER P ARKW A Y, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9037 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT MAY BE ACQUIRED BY LA PIANTA] THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PRIMARY STATE HIGHWAYNO. 1 (SR 5) AS CONVEYED TO THE STATE OF WASHINGTON BY DEEDS RECORDED UNDER RECORDING NOS. 5517861 AND 6120867, AND THE NORTH LINE OF SAID SUBDIVISION; THENCE SOUTH 87056'03" EAST, ALONG THE NORTH LINE OF SAID SUBDIVISION, TO A POINT WHICH IS SOUTH 87056' EAST, 960 FEET FROM THE WEST QUARTER CORNER OF SAID SECTION 35; THENCE SOUTH 53024'59" WEST TO A POINT ON THE NORTHERLY LINE OF SAID PRIMARY STATE HIGHWAY NO.1 (SR 5); THENCE WESTERLY AND NORTHERLY, ALONG SAID PRIMARY STATE HIGHWAY NO.1 (SR 5), TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ORILLIA ROAD EXTENSION NORTH BY DEED RECORDED UNDER RECORDING NO. 2748338; PARCEL 352304-9124 [A PORTION OF THE FOLLOWING DESCRIBED PARCEL THAT lUAY BE ACQUIRED BY LA PIANTA] Exhibit 6-4 THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE L\V LINE SURVEY OF SR 5 (pSHNO. 1), JCT. S.S.H. NO. 5-A TO SOUTH 178TH STREET AND WESTERLY OF A LINE DRAWN PARALLEL WITH AND 700 FEET EASTERLY MEASURED AT RIGHT ANGLES TO THE LW LINE SURVEY OF SR 5 (pSHNO. 1), SOUTH 188TH STREET INTERCHANGE; EXCEPT THAT PORTION LYING NORTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID L\VLINE SURVEY AT HIGHWAY ENGINEERS STATION L W 2455+00.0; AND EXCEPT THAT PORTION L YING SOUTHERLY OF A LINE DRAWN AT RIGHT ANGLES FROM SAID L W LINE SURVEY FROM HIGHWAY ENGINEERS STATION LW 2445+33.3; AND EXCEPT THAT PORTION L YING WESTERLY OF A LINE DRAWN PARALLEL WITH AND 215 FEET EASTERLY OF THE SAID LW SURVEY LINES; ALL SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. TOGETHER WITH ALL RIGHTS, TITLE, INTERESTS, LICENSES, PRIVILEGES, REVERSIONS AND EASEMENTS APPURTENA1'-H OR ATTACHING THERETO BY OPERATION OF LAW TO ALL OF THE ABOVE DESCRIBED PARCELS. Exhibit 6-5 r o :0. ,[,!{,!{&J;s lf7003' D,[1108 II "" .... '" o 111 roo roo mm ~~ OZ >0 m~ Onl 8m ~~ ~~ Po o~ ~ o ~ 11 :i ~ ~ ~ a a IANTA LLC I LA P S51~~;:~~ I , . ReturD. 10: DEED OF TRUST (For Use In the State of Washington Only) THIS DEED OF TRUst, made this _day of . between , GRANTOR, whose address is . TITLE COMPANY, a corporation, TRUSTEE, whose address is BENEFICIARY, sells, and conveys 10 Truslee in trust, with power of sale, th~ County, whose address is . WITNESSETH: Oranto.r hereby bargains, following descnoed real property in Washington: Additional on page _ Assessor's Tax Parcel ~# which real property Is nbl used principally for agriculwraI or farming purposes, together with all the tenements, hercdilaments, and app~ces now or hereafter thereunto belonging or in any wise apperWning, and the rents, issues and profits jh~!. 1bis ~ is for the purppse of securing perforinance o'f each agreement of grantor herein contained, and Grantor's obligation under Section 4.8.1 ofiliat certain Development Agreement between Grantor and Beneficiary dated the ~ day of ,2009 and approved by the Beneficiary's City Council as Ordinance .' on .2009, and also such further sums as may be advanced or UOllllcd by Beneficial)' to Granlor, or any of their successors or assigns, together with interesl thereon at such *tc as shall be agreed upon. . To protect the security ol'this Deed ofTrus!, Grantor covenants and agrees: 1. To keep the property in &00<1 condlUon and repair; La pcnnIl no W4Sle thereof; La complelC my building, ,uucturc or lmprovcnlenls 1><10& built or >bontto be built t!><=n: to retlOre promptly any buildIng, !lrUcture, or lnlprovem<nt thereon "filch may I>< damaged or destroytd; and to comply wllI1 all laws, ordln!necs, rezulations, covenants, condltloll!!lId ~ictlon< aJfC<tlng the Propcrtf. 2. To psy I><fOlC dellnqu<Ill ~llAwM laXes and weume"" upon the property; to keep the property free and etest of all other ehuges, 11= orcncumbrantC! lmpalrlpg the security of this Deed of Trust 3. To keep all bulldings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than 90% of the insurable value thereot: All policies shall name Beneficial)' as a loss payee as its interest may appear. In the event offoreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any actlOll or pn;<Udlng'pwporting to affect the '''''';'Y bcrcoforthc rlgbl< or powers ofBcncficWy or Trwtce, and 10 psy' all CO!lS Illd cxpcnses, loelud\nz cost oftlUe scm:lt and attorney's fees in a =ruble smounl. In any sueb action or proceeding, in my !lilt brought by Benefic\aJy tn;'forcclosethls Dc<d of Trust. 5. To PlY all C03l<, fees and e~pcll!es in conn<<-tlon with this Deed of Trust, Includlng the.cxpeMes of the TNSlCelneurnd 10 enforcing the obllgatlon secured hereby e.ndJrusue" and attorney'. fees aetually InCUlTCd, .. provided by statute. 6. Sbould Grantor taiI La pay when due My tax... amssmcnts, Insuranec prcmillllll, lieM encumbranees or other chuges against the property bcrelnWove dc>crll><!l Benefielary may pay the umc, and the llllOWU so pald, with InlCrot .. the 1'!1< ,ct forth in the no.. secured hcrcby, ,ball be add<!lJO and become a pan ofthc debl..eured In this Deed of Trust. Exhibit 8 ,;,- IT IS MlITUALL Y AGREED THAT l. In Ulc event any portion ofthc property is taken or da.m.ag;d in an eminent domain procee-ding. the enfuc.amount of the award or such portion as may be necessary to lilIly ,atisfy !he obligation ,=<I a.reby, ,hall be pald to Benefici!!)' to ba applied to said obligation. 2. By acc<pting payment of any sum secured hereby after ilS due date, BeneficIary docs not waive ilS rigl)t to require prompt payment when due ofall other ,oms so ,ewred or to decl"" default for failure to so pay. l. Th. T1\lSICC shall reconv.y all or any part of the property cov.red by !his Deed of Trust to the pclSOl1 ",tiUed !hereto, on written request of the Grantor and the Beneficiary, .or upon satisfaction of the obligation secured and l\Titten reque:st fc.1 re-coovqance made by the Bc-ncficlary Dr the person entitl~ thereto. 4. Upon detiiult by Grantor in the payment of any Inll<:btedncss secured hereby or In !he performance of illY agrc<m.nt contained herein, all sums =ured hereby sholl immcdlately become due and payable at the option of the Beneficiary. In sucl1 ~vent and upon ",Tilteo request of B.llCficiary, Trustee sholl seU th. tnlSt property, in a=rdance with th. Ilc<d of Trust Act of the Sllllc ofWashinglon. at public auction to tho highest bidder. Any pc""n except Trusteo may bid at Tl1ISlCC". sala. Trusteo ,hall apply the procec<ls. of the sales IS fullo.." (I) to lb. expense of the ,ale, including a reasonable Trustee', fee and attorn.y" fee; (2) to the obUgation ,ecured by this Deed of Trust; and 0) the surplus. if any, shall be distributed to the persons enUUed th....to. S. TruslCC shall deliv.r to the purcbascr at the saI. its deed. without wamnty, which shall conv.y to the.purchaser the intercsl in th. property which Grantor had or had the powu to convey at the lime of his execution of this Deed of TnISl. and such IS h. may have acqulmlthcreafter. Trustee" deed sIWl recite the faclS showing that the saI. wS.s <<Inducted in .compliance v.jJh all th. requircmenlS of law and lhb: D<<-d ofTru.st, which "~iUJ shall be primA facie. ~idenc= of such ~plj~ and ~nclu.sivc r:vl~ the.reofin favor oebona fide purchaser and eU<Ulllbrances for value. 6. The power of sale ",uferred by ibis Deed of Trust and by the need of Trust Act of the Sale ofWashin&U?" is not an exclusive rnnedy; Ben<:fieiSlj' may..... this Deed ofTrust to be foreclosed IS a mortgage. . 7.ln the event ofth. dealh, Incapacity. disability, or resignation of Trustee, Ilencliciary may appoint in ",j;ting a su=or truslCC. and upon the =rding of such appolnlment In the mortgage reconls.ofthe county in which this Ilc<d ofTrust is recorded, the successor trwte< ,hall be vested with all powers of the original trustee. The trust<e is not obligated to notify any party beIito of pendIng ,ale under any other Deed of Trust or ofan actlon or proceeding in which GnmtOr. TrusCee or Bcnefi<lary shall be. party wlIess such action or proce<ding is brougbt by the Truste<. . ; g. This Deed ofTrust applies to. Inures to the bcucfit o~ and is binding not only on the parties hcroto, but orith.1r bctn, d.vls....I.gatees, .admi:nmrato~ cx.CCUlOrs and assigns. 11lt: term Bene-ficiary shall mean the holder and owner of the note s<<ured bereby, whether or not uamed as BeneficilD'Y h....in, 9. Tbe Addendum to Deed of Trust is incorporated by tbis reference as iffully set forth herein. Dated STATE OF WASHINGTON, } ss. r---------------, I Notary Soal I I . , , I I I I I I I , I I I I I I I I I I I I I I I ----------------- County of I hereby certify that I know or have satisfactory evidence that is the person(s) who appeared before me, and said person(s) acknowledged that (he, she, they) signed this instrument, on oath stated that authorized to execute the instrument and acknowledged it as ilie of to be the free and voluntary act of such party for the uses and pwposes mentioned in ilii's instrument Dated Notary Public in and for:lhe State of Washington residing at My appointment expires Printed Name REQUEST FOR FULL RECONVEYANCE Do not re<:ord. To be used oniy when note has bun paid. TO: TRUSTEE. The W1d.rsigned is the logaI owner and bolder of the nole and all other indebtedness ~ by lite within Deed of' Trost. Said note, logcther with all other indebtedness secured.by said Deed ofTrust, has been fully paid and satisfied; and you are hereby requested and directed, un payment to you of any sums owning to you under th.,terms of said Deed of Trust, 10 cancel said note above mentioned, and all other evidences of indcbledncss secured by said ~ ofTrust deUvcrcd to you hcmvllh, together with lite said Deed of Trust, and to reconvey, without wammty, 10 lite partieS designated by the terms of said De<<! of Trust. all the estate now held by you thereunder. . Dated ' 19_. Addendum to Deed of Trust In the event of a default that entitles Beneficiary to foreclose on this Deed of Trust, Beneficiary shall not foreclose this Deed of Trust until (1) Grantor shall have failed after notice and 20 days to cure to pay the sum(s) required under the terms of the Development Agreement, (2) Beneficiary has drawn on any letter of credits (or cash deposit) provided by Grantor securing the obligation in default to the maximum amount of the letter of credit (or cash deposit) and has applied the sum(s) so drawn to the obligation in default, and (3) there remains outstanding an additional sum due under the terms of the Development Agreement for-which this Deed of Trust has been granted as security. BANK OF AMERICA - CONFIDENTIAL PAGE: 1 BE;N-J!:FICIARY THE CITY bF TUKWILA 6200 SOUTH CENTER BLVD. TU1\WrIJ!;./WA 98lgS APPLICANT LA FIANTA LLC PO BOX 88028 T~WI~A, vT.A 9~138 AMOUNT NOT EXCEEDING USD 6,000,000.00 NOT EX~EDING SIX MILLION ~~ 00/100'S US DOLLARS EXPIRATION :o;g~ER 3.11 2009 AT OUR COUNTERS AT THE: REQUEST AND ON THE INSTRUCTIONS OF OUR CUSTOMER, LA prANTA LLC (THE "ACCOUNT PARTY"), WE HEJ<EBY IS$UEOlIR IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER IN YOURPIWOR. SUBJECT TO THE OTHER PR,OV,I$IONS OF THIS LETTEg OF CREDIT, YOU MAY OBTAIN THE FUNDS AVAILAELE UNDER THIS LE1"l'ER OF CREDIT BY PRESENTMENT TO US OF Oi"\fE OR MOR;E:bRAFTS pAAWN ON BANK OF AMERlc..J:>" N. A. BEARING TIHS LETTER OF CREDIT NUMBER AND ACCOMPJl..NIED BY TEE DOCUMENTS DETAILED BELOW. THIS LETTER OF CREDIT IS ISSUED IN' CQ-mmCTI9N WITlf THE (tHE tt CONTRACT 11) . THIS LETt$R QF CI?-;EDX'rIS EFFECTIVE IMMEDIATELY AL'ill SHALL. EXPIRE AT 5:00 P.M. AT THE OFFICE OF BANK OF 'k~RICA, M.A., 1000 WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9-70S-07-05, LOS ANGELES 1 CA 90012-1514. ON THE DATE OF EXPIRY SHOWN. THE. FQLLOWING SW\LL A~COMPA1'IT YOUR SIGHT DRAFT{S) UPON EACH DRAW UNDER THIS LETTER OF CREDIT: . .. . 1. A: 'CERTIFlCATIoN SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO THE EFFECT THAT THE ACCOUNT PARTY H-l\S F.~ILED TO PERFORM AN OBLIGATION AS SET FORTH nJ SECTION(S) OF THE CONTRACT DESPITE, WHERE APPLJ;CABLE 1 PRIOR DEM:.7>;Np TO SO CURE AND THE EXPIRATION OF tt'Jrii: A.J;>PLICABLE CURE PERIOD 1 AJID THAT AS A RESULT 1 THE CITY HAS m~EP CO$TS .QR ~ONABLY EXPECTS TO INC""lJR 'COSTS NOT IN EXCESS OF THE AMOUNT DRAWN i 'OR 2. A CERTIFlCAT.!ON SIGNED BY AN AUTHORIZED OFFICER OF THE CITY, TO TIm EFFECT THAT THE ACCOUNT PARTY HAS NOT pROVIDED THE CITY WITH A Exhibit 9 DRAFT ( BAN'K OF AMERICA - CONF'IDENTJlli, PAGE: 2 THIS IS AN INTEGRAL PART OF LETTER OF CREDIT NUMBER: '098959 ~PLACEMENT LET~R OF CREDIT WITHIN THE TIME PERIOD REQUIRED IN SltC'I':tON OF THE COIirTRAcT. 3. A CERTIFICATION SIGNED BY AN AUTHORIZED OFFICER OF THE CITY OF TtJI{v-l1~, WASHIN;GT01\l' , TO THE EFFECT THAT THE ACCOUNT PARTY HAS NOT PROV1D~D ~BE CITY WITH A REPLACEMENT LETTER OF CREDIT SATISFACTORY TO THEM. ADDITIONJI-..L CONDITIONS: 1. PARTIAL DRAWINGS. ARE AIJ:.,QWlID BUT NOT REQUIRED. TOTAL DRAWS OUTST~ING AT ANy 'l;'.IME S-a-l\LL N.OT EXCEED THE AMOUNT SET FORTH AJ,30VE. 2. THE CJ:TY S~t. RE~ TlITS ORIfl.:i:W1.;r. LETTER OF CREDIT, AND EACH SUBSEQuENT AMENbMENT~S) AND YOdRAtITHORIZATIbNTO CANCEL TO BANK OF AMERICA, N.A uPON RECEIPT OF A 'REPIJI.CEMEN'T LETTER OF CREDIT THAT CONFORMS TO THE REQUIREMENT$OF THE CONTRACT. 3;. 'l'lIlt: CITY OF TUJ\WIW\ SHALL RE'r'Ofu'\]' Tl!;rS ORIGINAL LETTER OF CREDIT, AND EAOI $tJBSEQuEN'r Af1E1'lI)MENT (S) ~ YOUR AUTHORIZATION TQ CANCEL TO BAi'fK OF AMERICA, ~LA. uPON THE TERMINATION OF THE REQUIREMENT FOR -SUCH LETTER OF CREDIT UNDER SECTION OF THE CONTRACT. 4. THE AMOONT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE SIDE OF THIS LETTER OF CREPIT BY THE BANK AND THIS CREDIT SF~L BE RETOFU~D TO THE BENEFICIARY l]NLESS THE AMOUNT OF THE DRAW SHALL ;BE FOR THE ;FULL OR ENTIRE ~J10UNT REMAINING UNDER THIS LETTER OF CREDIT. 5. AN Il AUTHORIZED OFFICER OPTHE CITY" SHALL MEAN THE MAYOR OR THE CITY ADMINISTRATOR. . WH~:t'1 WERE9EIVE A. PRAFT ACCOMt>A.1qIED BY bOCUI-4EN.I'ATION AS DESCRIBED ABOVE AND YOUR REMIT'rA:NCE INSTRUCTIONS AT OR PRIOR TO 8~ 00 A.M., PACIl;"IC TIME, ON A BUSINESS DAY, WE WILL MAKE PAYMENT BY 5; 0 0 P.M., PACIFIC TIM-E, ON THE NEXT BUSINESS DAY. IF WE RECEIVE SUCH ITEMS AFTER THE TIMES SPECX.FIED, WE WILL MME PAYMENT BY 8: 00 A.M. ,PACIFIC 'flME:" QN 'mE SECOIro BUSINESS DAY THEREAFTER. EA~l:f DRAFT P~ESENTED FOR .PAYM~NT AGA.I~S~ THIS LETTER OF CREDIT AND EACH' AtCOMPA..liJYING CERTIFIcATION MOST BE DATED THE DATE OF ITS PRESEij'i'ATION TO US, AND MAY BE PRESENTED ONLY ON A BUSINESS DAY. AS OSED IN Tl1IS LETTER OF CREDIT, "BUSINESS DAY" SHALL MEF-..N ANY DAY OTHER THAN (I) A SATURDAY OR A SUNDAY, (II) A DAY ON WHICH COMMERCIAL B~ IN LOS ANGELES, CALIFORNIA A-~ AUTHORIZED OR REQUIRED BY LAW OR EXECOTlVE ORDER TO CLOSE DRJ\FTS MUST BE MARKED CONSPICUOUSLY "DRAWN UNDER BANK OF AI'o'IERlCA, N'.A. IRREVOCABLE STANDBY LETTER OF CREDIT NO. ." THE CERTIFICATIONS yOU ARE REQUIRED TO SUBMIT T-D US ALONG WIY.d YOUR DRAFT DRAFT BANK OF AMERICA - CCTh1FIDENTIAL PAGE: 3 THIS IS. AN JNTEGRAL p~T OF LETTER OF CREDIT NU~ER; 1P98959 OR DRAFfS SHOUlJD BE PREF1\RED EITHER (I) ;rn THE FORM OF A LETTER ON YOURLE'TTERHEAD SIGNED BY YOUR AUTHORIZEb OFFICERS OR (II) IN THE FO~1 DF A FACSIMILE COpy OF SUCH A bB.TTER SENT BY ONE OF THEM TO: 213.-457-'$e4:1,. IN S'UCH EVENT, THE ORIGINAL LETTER OF CREDIT AND AMENDME;mS, IF ANY, ARE NOT REQUIRED FOoR l?RE$ENTATION. OTHE~ THAN THE FOREGOING PROVISIONS FOR COMMUNICATION BY FACSIMILE COPY, COMMUNICATIONS WITH RESPECT TO THIS LETTER OF CREDIT SHALL BE IN WRITING AND SHALL BE ADDRESSED TO US AT BAWL<: OF AMERICA, N.A., 1QQO WEST TEMPLE STREET, 7TH FLOOR, MAIL CODE: CA9-705-07-05, LOS ANGELES, CA. 90012-1514 ATTN: $T~BY ~ETTER OF CREDIT DEPT., SPE~IFIcALLY REFERRING TO THE NUMBER 1u~ DATE OF THIS LETTER OF CREDIT. EXQEPT AS PROVIDED ABOVE WITH RESPECT TO COMMUNICATION BY FACSIMILE, ALL COMMDNICATIO:NS SHALL BE DELIVERED IN PERSON OR SENT BY NATIONALLY RECOGNIZED COURIER (SUCH AS FEDERAL EXPRESS, DEL, U.S. POSTAL SERVICE EXPRESS MAIL, ETC.), WITH ALL CHARGES PREPAID. Il!' A I)~. FOE- p~~ M@E BY YOU B.~tJ:t\lJ)ER DOES NPT t IN ANY WS~NfCE, CQW.\JORM TO THE; -TER!1s .ANb .C01:IDITION'S ()F TtrJ;S :LEYrER OF CREDI';f,') WE. SID\LL GIVE you ~OMPT NOTICE TRA.T THE DEMAND ~iAS ~OT EFFECTED IN ACCORDANCE WITH TEIS LETTER OF CREDIT, STATING THE IffiASONS "THEREFORE fu"m 'fRAT WE ARE HOLDING ANY DOCUMENTS AT YOuR DISPOSAL OR ARE RETURNING THEM TO YOU, AS WE MAY ELECT. uPON BEING NQTIFIED THAT THE DEMAND WAS NOT EFFECTED IN CONFORMITY WITH THIS LETTER OF CREDIT, YOU MAY ATTEMPT TO CORRECT ~ SUCH NONCONFORMING DjSMANIJ paR l?AXMENT IF! Af!D TO THE. EXTENT TflAT, YOU ARE ENTITLED {WITEODT REGARD TO TfIE PROVISIOirS OF THIS SENTENCE) AND ABLE TO DO SO. BY P~YING YOU AN AMOUNT PE~~$D IN ACCORDANCE WITH THIS LETTER OF CREP:.tT I WE MAIOsl:'fO REPREi?ENTATION AS TO TEE CORRECTNESS OF nm 1>-.l10UNT DE~E~ OR YoUR CALCUk~TIONS AND REPRE$ENTATIONS ON THE CERTIFICATES REQUIRED OF YOU BY THIS LETTER OF CREDIT. OUR PAYMENT OF THE AMOUNT DEMANDED IN ACCORDANCE WITH THIS LETTER OF CREDIT SHALL NOT BE CONSTRUED TO LIMIT ANY OTHER REMEDIES THAT YOU MAY HA VB AT LAW OR EQUITY TQ COLLECT AMOUNTS DOE FROM BENEFrCIARY. THIS LETTER OF cR~IT CAl.'m()T BE MODJ:F.IEDOR- REVOKED WITHOUT YOUR CONSEm'. PARTIAL DAAWING AND MULTIPLE PRESENTATIOi"\lB ARE PERMITTED UNDER TBIS LETTER OF CREDIT. THIS LETTER OF CREPT+' S~L BE GOVERNED E-Y AND CQ~STRUED IN ACC9;ROANcE WITH Th'"E INTEfu'11\'rIONAL ClIAMaER OF COMMERCE INTERNATIONAL "STANDBY PRACTICES, PUBLICATION NO. 590 (J.998 REiTIS'tON) AND, TO THE EXTENT ~OT INCONSISTENT THEREWITH, THE LAWS OF THE STATE OF WASHINGTON. DRll..FT t_ BANK OF AMERICA - CONFIDENTIAL PAGE: 4 THIS IS AN INTEGRAL PAET OF LETTER OF CREDIT Nill'lBER; '09~959 ~F.YOU.:RE9UI:RE ANY.A$SISTANCE OR HAIlE ANY QUESTIONS REGARDING THIS TIL~ACTIONr PLEASE CALL1-80b~54i-6096 OPT 1. \ /~ --~-----~------------- AUTHORIZED SIGNATURE THIS DOCUMENT CONSISTS OF 4 PAGE(S) . :::;t;;:~~;;~;;~~;~~ ~ _~ _ ",,,,,!,~.7.~,,,:;;:;~iii?i; !1) .~-;/tg) ~ _-......~_..; f,~ _.::i' '-lo.-- ._~.-...~v. '" ?~~,.$;:,",- <".' _~... ,H DRAFT '" ~ PROPOSEO ORILLlA ROAO CONNECTOR ~ ~ FOR -; TUKWILA SOUTH PROJECT e GOLDSMITH I I Exhibit 10 I .' ~~~~~~~';;~~~~V;~ l ~ ~ [1 w ~ ~ w ?' .. " !:: > z " ~ m [1 ~ " w ~ ~ ~ ?' " .. m " !:: I~"I EXISTING DEVELOPMENT TRIPS page 1 ~~15-PM t(-P Ger.~.oo Soua-. TUKwlra EIS Trjp-Ge!ie~~on - _. TENW P~ojei:tNo. 2252 d P,M.. Peak Hour Tdp- G~n~ration -- --- d "TnpS. Ger.erated ITE _OirediQn~ Spf;t C%) PM P.a.~ ~:,:.~:a.. .p.~~_P~k H~~.:~.:".-: l200 USe_ Area .Units' LUC , :-In\!'- --Out % Trip Rate IIi -_Out:--- :-:tOtil Piiicels 1\.1 -& A -~ -- -- - =~2150 iR P.r:t.i"" for No ..1# Nc"flQ~fntt; 210 67% "33_i'> 1.01 4 2 6 --- -- -- --- Subiotaf - -_4 2 6 Paicei B 3 --- 0 oFFICt iii.ij47 GFA 710 1}% 83% .2.38 16 18 94 WAREi-)O:ljSl!'lG 1~4.:5CO GF" lqG 24% 76% 0,S1 20 62 82 -- SubtOtal - ---36- HO _:176 Parcel 9" , c_ officE 8.595 Gf'A no 17% 83% 3_49 $ 25 3D DRIVING AA.'lGE . . ~ _65 - T... 432 44% 59% 1_25 :i6 45 :Bl (Dit;j;;il1.ngeiop-~'-A terNa &:do!:ipj,_.mati,..j d -- _d :- -' :-: - -- --- ---- . .subtOtal - 41 70 111 Parcels F & G , -- -- OFFi<?t 1S7.25.9 GFA 710 17% 8~% 1.52 5'- 249 300 'l!AREHOusiNG ;.05;3.142 !:iFA i;O 2s6At 7$% 0.40 _,O~ :117 422 MANUFACTURING t-19.034 -GFA 140 36~ 54% 0.69 ";37 "66 103 -- : -- Subtotal - 19-3 -- 632 825 Parcel H ' (Parcel_ E in- NciAdio_ii AJt~friatiVe) --- OFFICE U,(J09 GFA 7io i~% 82"-;,: 3.~3 7 32 ~9 WAREHOUSING 'h.S11 GFA 150 24% i6'!, 0.69 13 -41 54 -- Subtotai ~ -io_- 73 -- :~3 Parcel L 3 (Parcel D in No"ActiQn A1ter~riati1ie) LIGHT INOusi'RIAL 29.Q86 GFA 110 10% 90% 0.98 -3 26 29 - - - Sub-total ~ 3 26 -29 Parcel 0 3 ~P~rcel J ili No ACtion Alternative)- -- -- -- RESI~"ITIAL 1 lJni~ 210 1~% Q% i.Ol 1 il 1 d- 0_ -- Subtotal - -,- 0 , -- -- -Gross p_M. Peak -Hour TriPs Geiieratea -:298 -:::943 -- 1,241 _d -- -- -- - -- -- Existing Trip GEmerati6n ~_c~' _ l(;iAis~~ke? :i ~~-T~~~ Tr1p~~_~. 71hEdIr%Yt. 2003 t.mi~~ _: p:.~-~.2tk."lS-ror-ttePid~'~-MeiT.a(t.~.- Exhibit 11 COUNCIL AGENDA SYNOPSIS nmnmm__m__m_m__nn_ Initials _n______mnnnmnm_____n ITEiVfNo. i'vleetillo Date Pn ared by LV LV Alayor's relliew .-./-L---t-r;;L ~ ) , / G, D. 'Zr Council rellieJJJ OS/26/09 06/01/09 ITEM INFORMATION C-\S NUi\lHl':R: nq- 0(0"\ IORIGINALAGEND,\ Dxn.:: MAY 26,2009 A( ;I':ND.\ ITEi\-1 TITLE An ordinance adopting by reference the Tukwila South Master Plan. C\TU;(lR\' [;g] DiJmJJion o lVIotion o ReJOlution [;g] Ordinance o Bid Award [;g] Public Heming o Other Mtg Date 5/26/09 il-Itg Date Mtg Date Mtg Date 06/01/09 Mtg Date Mtg Date OS/26/09 iHtg Date SP( )NS( lR o Coumil [;g] i\1q)'or o Adm SVlJ ODCD o Finance o Fire o Legal OP&R o Police OPW S)'( )NS( lR'S As part of the Tukwila South Project approval process, adoption of the Tukwila South SU\r\L\RY Master Plan will provide a vision and framework for future development on the site. The Planning Commission held a public hearing on September 29, 2005 and reviewed the I proposals and voted unanimously on a recommendation of approval to City Council at its I September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. 1\.I-:\-II-:WI]) HY [;g] COW j\ftg. o CA&P Cmte o F&S Cmte o Transportation Cmte o Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. D~-\TE: OS/26/09 RECOlVIMENDATIONS: SPONsoRjADi\IIN. Mayor's Office recommends approval o ) i\fi\-IITl'E 1 ~ COST IMPACT I FUND SOURCE EXPI.:NDrTU1ZI': RE(-2 U IRED AMOUNT BUDGETED ApPROPRIA TION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION . 05/26/09 Forward to 06/01/09 Regular Meeting MTG.DATE ATTACHMENTS OS/26/09 Informational Memorandum dated OS/26/09 ~ STAFF REPORT L05-041 Draft Ordinance with Exhibit. 06/01/09 Same as above, with ordinance in strike-through/underline format I City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: 1) Tukwila South Master Plan, 2) amendments to Title 18 (Zoning Code), 3) amendments to Title 17 (Binding Site Plan), and 4) amendment to Shoreline Master Plan map ISSUE Four actions went before the Planning Commission for review and are now before the City Council for action. These are related to the Tukwila South Project: 1) Tukwila South Master Plan (file L05-041), 2) amendments to Title 18, TMC (Zoning Code) (file L05-029A), 3) amendments to Title 17, TMC (Binding Site Plan) (file L05-029B), and 4) amendment to Shoreline Master Plan map (L05-030) BACKGROUND Staff reports for each of these actions have been prepared and are attached to this Informational Memorandum. The Planning Commission held four public hearings on September 29, 2005, reviewed all four proposals and voted unanimously to recommend approval to City Council. DISCUSSION Public hearings on all four issues have been scheduled for May 26, 2009. Deliberations on these issues, as well as on the Tukwila South Project Development Agreement, have also been scheduled for the May 26, 2009 Committee of the Whole meeting. RECOMMENDATION The Council is being asked to conduct deliberations on these issues after the public hearings at the May 26, 2009 Committee of the Whole meeting and forward subsequent to the June 1, 2009 Regular meeting for action. ATTACHMENTS Staff Report Regarding Tukwila South Master Plan (file L05-041). Staff Report Regarding Zoning Code Amendments (file L05-029A). Staff Report Regarding Amendments to the Subdivision (file L05-029B). Staff Report Regarding Shoreline Master Plan Map Amendment (L05-030). Ordinance adopting Tukwila South Master Plan. Ordinance adopting amendments to Title 18, TMC (Zoning Code). Ordinance adopting amendments to Title 17, TMC (Binding Site Plan). Ordinance adopting Shoreline Master Plan map amendment. STAFF REPORT TO THE CITY COUNCIL REGARDING TUKWILA SOUTH lVIASTER PLAN PUBLIC HEARING: May 26, 2009 NOTIFICATION: Notice ofthe public hearing was published in the newspaper on May 11,2009. The Notice was mailed to property owners and occupants within 500 feet of the Tuk\vila South Project boundaries on May 7, 2009. It was posted at two locations on the Tukwila South property. FILE NUMBER: L05-041 APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Approve the Tukwila South Master Plan consistent with Tukwila Comprehensive Plan Policy 9.1.3 and associated Implementation Strategy and Policy 9.1.5 LOCATION: Generally south of S 178th/S 180th Street, west of the Green River, north of S 204th Street, and east of OriIlia Road SII-5 SEPA DETERMINATION: Tukwila South Project Draft Environmental Impact Statement (DEIS) was issued April 5, 2005. The Final EIS was issued on July 7,2005. An Addendum to the Final EIS was issued on September 23,2005. STAFF: Lisa Vemer ATTACHMENTS: Applicant's proposed Tukwila South Master Plan Staff Report to City Council- Master Plan L05-041 Page 2 FINDINGS Description of Request The applicant requests approval of the proposed Tukwila South Master Plan required by the Comprehensive Plan for the Tukwila South area. Background and Site Information The applicant is proposing the Tukwila South Master Plan in conjunction with it's proposal for the Tukwila South Project, a mixed-use, master planned development of 10.3 million square feet in a large-scale, campus setting on approximately 490 contiguous acres. The Tukwila South Project is generally located south of S 180th Street, west of the Green River, north of S 204th Street, and east of Orillia Road SII-5. The Tukwila South Master Plan and Tukwila South Project proposal are described in the Tukwila South Draft and Final EIS. A copy ofthe proposed Tukwila South Master Plan is included with this notebook. Policy 9.1.3 in the Tukwila South section of the Tukwila Comprehensive Plan "require(s) a master plan prior to any significant land altering that details full development of the Tukwila South Master Plan Area infrastructure ... with residential, commercial and light industrial uses and open space networkareas." This Policy's Implementation Strategy calls for "City Council approval after Planning Commission review and recommendation of a master plan for the Tukwila South Master Plan Area." (page 105) In the Comprehensive Plan, the "Tukwila South Master Plan Area" is "the area generally from South 180th Street south to the City's annexation boundary at South 204th Street" and is shown in Figure 20 (page 103) as including the area between the Green River and 1-5 which is currently in King County. While all ofthis area is within the City's Potential Annexation Area (P AA), only the part east of Orillia Road S is included in the proposed Tukwila South Master Plan. A map of property owned or leased by the applicant is included with this notebook. There are several properties not owned by the applicant which are included in the area to which the proposed Master Plan would apply. These include property ovmed by Gaco Western, a paint coating business; Mitchell Moving & Storage; and Schoenbachler Enterprises LLC, a limited liability company for the Schoenbachler family. King County owns a surface water management pond located north of South 200th Street and west of the Green River. Proposed Master Plan Policies 9.1.3 and 9.1.5 of the Tukwila Comprehensive Land Use Plan specify the desired content of the Tukwila South Master Plan. A comparison of the applicant's proposed Master Plan with these policies is shown below. Staff comments are interspersed. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 3 Policy 9.1.3 Require a master plan prior to any significant land altering that details... . ... full development of the Tukwi/a South Master Plan Area infrastructure... . .... with residential, commercial and light industrial uses.... The Master Plan proposes that the site's central infrastructure be built "up front" over a three-year period (2006-2008). During that period, the following would be completed (page 18): . Implement a mass-grading program to establish site grades. . Extend and expand South center Pkwy in a new alignment. . Realign S. 178th Street to intersect Southcenter Pkwy at Segale Park Drive "c. " . Install sanitary sewer, water and other utilities within Southcenter Pbvy. . Relocate the existing flood protection barrier dike from S. 196th to the southern boundary of the site (north ofS. 204th). . Install a temporary and permanent comprehensive stormwater control system. . Implement a comprehensive natural resources mitigation plan. The proposed Master Plan recognizes that "it may be necessary to relocate an existing fIre station closerto the project, or within the property" (page 18). It also proposes a future east-west access road connecting Orillia Road to Southcenter Parbvay and indicates a secondary onsite street system will be developed with features such as sidewalks and pedestrian signage (page 2). The proposed Master Plan states that the Segale family has committed "to building out the site's central infrastructure including temporary and permanent stormwater and erosion control, mitigation for environmental impacts, mass grading and relocation ofthe existing flood protection barrier dike as the initial phase" (page 3). The proposed Master Plan states its intention to provide a "framework" to guide long- term development of the almost 500-acre site. It proposes between 10 and 14 million square feet of development, in a combination of campus office and research environments, and districts that may include retail, residential, hotel and recreational uses. Table 1 describes the "assumed" range of uses (page 7). These uses could include 5 to 10 million square feet of office/research/technology space, 1 to 2 million square feet of goods and services, and 700 to 1900 units of housing (pages I and 7). The proposed Master Plan states, "This buildout range and assumed mix of uses within the planning areas should be considered conceptual; ultimately, market forces will determine the specifIc level of development and the mix of uses over the long term. The potential locations ofthe various categories of uses shown within the plans on the following pages are also conceptual and will be determined by market forces" (page 7). C:\temp\XPgrpwise\STAFF REPORT FOR COUNClL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 4 The Master Plan emphasizes flexibility, both in the types of uses allowed and their location. The following illustrate the Master Plan's vision with regard to future land use: "At just under 500 acres, Tukwila South could include regional employment, housing and goods and services" (page 4). "The project will be multi-use and includes a wide range of businesses instead of focusing on industrial and retail users. Residential is also being considered...." (page 4). "Early-phase uses must ... be carefully chosen to complement each other and serve as engines for future development (page 4). "Tukwila South is perfectly situated to bring" aerospace, life sciences, information technology and trade and logistics jobs to the area (page 4). ". .. flexibility must be maintained throughout the vertical development of the districts... (page 6). "The central and southern portion of the site will serve as the campus development's core, anchored by retail and service areas. The northern end of the site will include a mi.'\. of employment, specialty goods and services and housing:.." (page 7). Housing Opportunities: "... a wide variety of housing environments ... could include a mix of single-family and multi-family units of low, mid and high-rise structures ..." "Low-rise units [1-3 stories] would be organized to create neighborhoods within the hillside and areas that are adjacent to the Green River." ". . . allow for mid-rise units [3-6 stories] to integrate with a mix of uses... .possible configuration would include housing units constructed over retail." "The opportunity exists for high-rise structures, [6 stories or greater] most likely in the redevelopment of the Segale Business Park in the larter stages ofthe project's development" (page 9). Retail opportunities are described with regard to four areas within Tukwila South. 1) A "Retail Village" at the northern end of the site (generally adjoining the proposed realigned intersection of Southcenter Parkway, South l78th and Segale Park Drive "C"). "Uses are expected to include a grocery store, drug store and smaller retailers that will serve the surrounding neighborhoods." 2) A Retail District adjacent to the "Retail Village" (generally replacing the existing Segale Business Park) envisioned as a mixed-use, "24/7 urban environment." 3) "Gateway Retail" at the intersection of Oriilia Road and S. 200th Street intended to take advantage ofthis intersection's high visibility. 4) A Retail Center at the intersection of realigned Southcenter Parkway and S. 200th Street, that could serve the surrounding campus office uses. It should be noted that locations are considered "conceptual" and the Master Plan indicates market forces will determine actual locations. The C:\temp\XPgrpwise\STAFF REPORT FOR COlJNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 5 ... and open space network areas. The master plan shall address: the multiple issues of hillside, wetland and watercourse preservation and impacts mitigation, in accordance with Tukwila policies; Master Plan also proposes to accommodate large-scale national retailers not currently in the local marketplace, and large existing area retailers that need more space not otherwise available in the City. The Plan does not indicate where such uses might locate. The Master Plan includes a very broad list of retail and service uses, but does not specify where these uses might locate (pages 10 and 11). Emplovment Opportunities. The Master Plan generally identifies three areas where regional employment opportunities might be accommodated (as with other uses, the Master Plan indicates market forces will determine actual locations). A very broad range of uses is listed, including office, R&D, retail, light manufacturing and residential (page 12). The proposed Master Plan identifies the following components of an open space network (page 14): . Restored wetland area north and south of S. 204th Street (32 acres). . Relocated and enhanced Johnson Creek (0.34 acres). . Newly created back-water fish habitat in the Green River (4.5 acres). . Preservation of a portion of the western hillside (approximately 50-60 acres). Additionally, the proposed Master Plan indicates "landscaped open spaces, plazas and courtyards, and a pedestrianlbicycle pathway along the Green River" will be provided (page 2), and that "buildings will frame open spaces with central plazas and public gathering spaces" (page 7). "Developable open space including green areas, hard- surfaced urban plazas, street parks, and pocket parks will be incorporated into the project..." (page 8). Hillside... preservation and impact mitigation. "Some modification of the western hillside will occur, but the majority of the hillside will remain untouched and an amenity" (page 2). "Portions of the hillside on the north and south ends of the site will be graded and re-Iandscaped to accommodate the relocation of South 178th Street and to provide fill material for the project" (pages 2 and 14). The Plan indicates approximately 50-60 acres of hillside along the western valley wall will be preserved (page 14). Wetland and watercourse preservation and impact mitigation. The Tukwila South Master Plan describes a proposed "Sensitive Area Master Plan" (SAMP), which has been submitted separately. Together, the Master Plan and the SAMP propose a comprehensive approach to mitigating impacts to wetlands and watercourses. Key aspects of the proposed approach include (pages 15 and 17): * Create a 4.5-acre Green River off-channel habitat restoration area immediatelv north of the S. 200th St. bridge, and create an improved streambed for Johnson Creek C:\temp\XPgrpwise\ST AFF REPORT FOR COUNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 6 protection of fish and wildlife habitat; appropriate flood protection and. shoreline treatment, in accordance with Tukwila shoreline policies and guide- lines; and the realignment of 57th Avenue South to maximize parcel size and to coordinate with the overall development plan. (0.34 acres) as mitigation for filling 1.07 acres of existing "agricultural ditch" (watercourses that have been channelized and otherwise heavily modified over the years). * Rehabilitate, restore, enhance and create 32.4 acres of wetlands in the southernmost portion of the site (north and south of S. 204th St.) as mitigation for: * Filling 0.90 acres of Type 1 wetland. * Filling 7.71 acres of Type 2 wetland (five locations of varying sizes), and * Excavating 0.65 acres of Type 2 wetland. Staff Comment: It should be noted that proposed modifications to wetlands and watercourses are subject to approval by state and federal resource agencies. Discussions with these agencies are ongoing, and their permit decisions may result in additional mitigation requirements. The Master Plan focuses on fish habitat protection by identifYing "activities which have the potential to directly or indirectly affect fish" (page 17). These include "relocation of a portion of the Green River levee and construction of a new off- channel rearing area for salmonids,"" relocation and enhancement of Johnson Ditch including a new stream outfall location," and "filling or culverting of five fish-bearing agricultural ditches" (page 17). Mitigation thorough implementation of a Sensitive Areas Master Plan (SAMP) is proposed, as described above. Flood protection measures are discussed on page 16 and shoreline treatment is discussed on page 13 of the Master Plan. For flood protection, the existing flood protection barrier dike at about S 196th Street will be relocated to the "southern boundary of the site (approximately 120 to 140 feet north of S 204th Street) ... (to) create contiguous buildable area and allow development of a large-scale campus environment." (page 16) It is intended to keep flood waters from Howard Hansen Dam, Johnson Ditch, and the wetland rehabilitation areas from entering the developed portions of the site. In the area under Shoreline Master Program jurisdiction (within 200' ofthe Green River), the Master Plan reflects the language in the Zoning Code spelling out what is permitted in the River Environment, Low Impact Environment, and High Impact Environment. (page 13). The Master Plan says "Southcenter Parkway (S 57th Street) will be expanded and extended through the site in a new alignment that follows the base of the hillside" (page 2). It "connects the property to regional infrastructure, but allows efficient circulation for the site's users and creates a new gateway to the Tukwila Urban Center." (page 5) The realigned street "creates the largest contiguous parcels for development, and allows travelers on South center Parkway to not only experience the development, but the hillside as an amenity and open space." (page 18) Staff comment: On August 29, 2005 the Tukwila City Council adopted Resolution No. 1585. Section 1 of the Resolution indicates the City's intention to begin acquisition of property needed to widen Southcenter Parkway in its current alignment within the existing city limits. Section 3 of the Resolution indicates the City will consider an alternative alignment if the property owner (cwnntly Schoen bachler, LLC) and C:\temp\XPgrpwise\ST AFF REPORT FOR COUNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 7 Policy 9.1.5 Incorporate into the master plan for the Planned Area building material, design, land use, and other site organiza- tion review elements vital to issues of entry or gateway to the City and transition to the farmland district to the south and low- density residential districts to the west and north. Review Process leaseholder (La Pianta, LLC) mutually offer a preferable alternative alignment. The Master Plan proposes that building design, construction and materials be coordinated through comprehensive design principles (pages 2 and 7). It indicates that a "retail village" on the north end of the site will "serve as a gateway to the site from the Tukwila Urban Center" (pages 7 and 11). A graphic on page 8 identifies potential locations for gateway features. Among the design, land use and site organization concepts included in the Master Plan are: o Uses "grouped in fine-grained, pedestrian-oriented districts" (pages 1 and 4). o "Building design, construction and materials will be of institutional quality" (page 2). o Pedestrian connections will be provided throughout the project (page 5). o "Buildings will frame open spaces with central plazas and public gathering spaces" (page 7). o "The development concept features public and private amenities such as plazas, landscaped open space areas, and pedestrianfbicycle pathways that link the campus to adjacent areas" (pages 7 and 8). Staff comments: A proposed "Tukwila South Overlay District Design lvfanual" has been developed to implement the concepts described above. It is intended that adoption of this Design Manual be considered along with consideration of zoning code amendments under File # L05-029A. Approval of a Master Plan is a legislative decision, reviewed by the Planning Commission, which makes a recommendation to the City Council after holding a public hearing and deliberations. The Planning Commission held a public hearing and took testimony, deliberated, and made a recommendation to the City Council on September 29, 2005. Now, the City Council will hold a public hearing and take testimony, consider the Planning Commission recommendation and make a decision to approve, approve with modifications, or deny the Master Plan. STAFF PROPOSED CHANGES Staff recommends approval of the proposed Tukwila South Master Plan, with the following changes: C:\temp\XPgrpwise\ST AFF REPORT FOR CmJNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 8 1. Page 1, first sentence of second paragraph, revise as follows: "With nearly 500 acres of land under single ownership five minutes from SeaTac Airport......" Staff comment: Not all of the property is under single ownership. See Exhibit L05-041-1. 2. Page 2, first sentence of third paragraph, revise as follows: "Southcenter Parkway (57th Avenue South) will be expanded and extended through the site in a new alignment that follows the base of the hillside; this will provide an improved connection..." Staff comment: The proposed alignment follows the toe of the slope for only a portion of its length. 3. Page 2, last sentence of fourth paragraph, revise as follows: "Special design consideration will be covered within the by residential design guidelines for this area to be developed and adopted prior to residential development." Staff comment: The proposed Tukwila South Overlay District Design lvIanual (see File # L05-029A) provides general guidelines for development within hillside areas (see Section E, Natural Features). Staff and the applicant are proposing to establish more specific design guidelines for residential development at a later date. 4. Page 3, second sentence of second paragraph, revise as follows: "At 49-8 approximately 500 acres..." 5. Page 3, first sentence ofthird paragraph, revise as follows: "The Segale family has been systematically assembling this parcel property within the Tukwila South area for over 50 years." Staff comment: Not all of the property is under single ownership. 6. Page 4, last sentence of sec_ond paragraph, revise as follows: "This can only occur because a significant share of the sitel-s is in single ownership." Staff comment: Not all of the property is under single ownership. 7. Page 6, first sentence offrrst paragraph, revise as follows: "Development must be strategically phased to successfully transition Tukwila South from an agricultural and industrial property to an urban destination." Staff comment: This revision recognizes that a significant portion of the Tukwila South area is currently developed in industrial uses. 8. Page 7, first sentence offrrst paragraph, revise as follows: "...framework to guide development of the 498- approximately 500 acre site..." 9. Page 7, frrst sentence of fourth paragraph, revise as follows: "Land uses related to employment could inelude, for example, research and development, office, light manufacturing!, limited distribution, and hotel uses." Staff comment: A significant amount of warehousing/distribution uses would not be consistent with the overall vision for the Tukwila South area. Also, due to likely changes to state revenue lmvs, having a large contingent of warehousing/distribution uses could significantly reduce economic benefits to the community. This issue is addressed by Tukv,lila Comprehensive Land Use Plan Policy 2.1.10, which contemplates a moratorium or land use change relating to warehouses if sales tax sourcing rules change. 10. Page 8, second sentence, under heading CONNECTIONS, revise as follows: "There is a coordinated effort underway by t- The cities of Tukwila and SeaTac, the Port of Seattle and Sound Transit have undertaken a feasibility analysis to develop a people mover system from the airport light rail station through Tukwila South to the Commuter Rail station at the Tukwila TOD. Tukwila should continue to pursue C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - Master Plan_doc Staff Report to City Council- Master Plan L05-041 Page 9 such opportunities." Staff comment: The original language was drafted while the feasibility analysis was still under way. It has now been completed -While there are currently no specific follow-up plans, Tukwila should continue to work with interested property owners and agencies to identify opportunities to provide high capacity transit . service to Tukwila South. 11. Page 18, second sentence under heading SOUTHCENTER PARKWAY & S 178 TH STREET REALIGNMENT, revise as follows: "The deeision was made goal is to move the new alignment as close as possible to toward the toe of the eastern hillside." Staff comment: The proposed alignment follows the toe of the slope for only a portion of its extent. While final alignment is not yet resolved, the goal remains to create larger contiguous development parcels. 12. Page 19, fIrst sentence offrrst paragraph, revise as follows: "The Tukwila South project has the opportunity to transition the property from an agricultural and industrial property to an urban destination..." Staff comment: This revision recognizes that a significant portion of the Tukwila South area is currently developed in industrial uses. 13. Page 17, fIrst sentence of paragraph following bulleted list, revise as follows: "Section 18.45.KK 18.45.160 of the Tukwila Munieipal Code..." Staff comment: Updated reference. CONCLUSIONS The proposed Tukwila South Master Plan provides a framework for review and approval of development within the Tukwila South Master Plan area. The Master Plan spells out the vision and guiding principles for Tukwila South and will be used to guide implementation decisions within the Tukwila South area. As proposed and with the modifIcations recommended by staff, the proposed Tukwila South Master Plan is consistent with and will aid in implementation of the applicable policies of the Tukwila Comprehensive Land Use Plan. STAFF RECOMMENDATION TO PLANNING COMMISSION That the Planning Commission recommend approval of the Tukwila South Master Plan, with staff-proposed changes, to the City Council. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL That City Council approve the Tukwila South Master Plan, with staff-proposed changes. ADMINISTRATION RECOMMENDATION TO CITY COUNCIL That City Council approve the Tukwila South Master Plan, with staff-proposed changes. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - Master Plan. doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE THE TUKWILA SOUTH MASTER PLAN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. l-VHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street/South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and l-\lHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tu1.,>vila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to adopt by reference the Tukwila South Master Plan; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila South Master Plan Adopted. The City of Tukwila hereby adopts the "Tukwila South Master Plan," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. The "Tukwila South Master Plan" is applied to the property shown on the map, which is attached hereto as "Exhibit B." Section 2. 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 remallUng portions of this ordinance or its application to any other person or situation. Section 3. 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 upon the date on which all the property shown on the map attached hereto as "Exhibit B" is V\'ithin the municipal boundaries of the City of Tukwila. Section 4. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated Tune , 2009 (the "Development Agreement") regarding the property shown on the map attached hereto as "Exhibit B." If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this ordinance shall expire without further legislative action and be of no further force or effect PASSED BY THE CITY COUNCIL OF THE CITY OF T1JKVVILA, W ASHL'\JGTON, at a Regular Meeting thereof this day of ,2009. A TIEST / AUTHEI\.TTICA TED: Jim Haggerton, Mayor Christy O'Flaherty, CMc, City Clerk Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORt'v1 BY: Office of the City Attorney Attachment Exhibit A - Tukwila South Master Plan Exhibit B - Tukwila South Master Plan Map W:\ Word Processing\ Ordinances\ Ta<wila South Master Plan Adopldoc LV:ksn OS/28/2009 Page 1 of 1 Exhibit A """"""'" zg <~ -',.. ;;~ ~ in < 2 t "-' o €Y "'- -,- ~ ~ o V> < -' ~ ~ to( ::; .8 r ro 0:: '" -' z <: :;: '" ~ ~ z ::j o u '" w m :;;; ::J Z M w " <.? g: lJ"l 0\ .- N <( - r-: 13 vi Z ill vi UJ Z \..9 ...J f- ~ ~ Z Vl 0... Z I- ill Z f- Vl Z U ~ 0 <( Z w u.J L!J e::: 0:: -'- l- e::: ...J > ~ 0.. Z 0... UJ Z f- r- 0 \..9 UJ L!J U Z U Z Z \I) ...J ~ LU L..L. 0 ~ <( e::: ~ 0 Vl 0 0 CC I- a.. 0 \I) r-.. W > ~ Z ~ <( 0 0 \.9 ~ ...J .....J <( a: LLJ Z ....J LL CO Z > I..!.l ~ Z ill 0... 0 0... <( =<a z= S-~ 0..1< ~2 ;- '" <: ~ ;- U '"-' (3 c:: a.. o V> < -' ~ 2 u ::! ~ co 0::: 3 z '" ::;; '" o ~ Z ::J <5 u """"""" z= j~ <>-< ~'" ~ c:; < :2: ;- u ~ <3 c::: "- -r i= :::0 o VI < -' ~ ~ z o Vl > u -' -' ~ c:: '" -' z <: ~ o ~ z 3 o u -0 .,; C QJ -0 ro .~ ~~ >. > o.n-;:;; (u vi" Qj~CIll ro .s > 0 ,2 -g o III <1J E 'lil ro Ol <1J -0 <1J QJ''::;3E~-o .s(u>.ro.....o 0..-.:; 0 <1J 0 ~OIll.....O"Ol cO:o ,E-o ~<lJE60c <1J '+-.....uro -orooOlc~ .....Ollllcro<lJ C<lJQJ..cu>, <1J V) .... III ..... 0 E'+-U ro roo.. ::i~~5.sE gooroC<lJ -0 'Vi V) - 0 .... C ':; t; s '~ .2 .!l! -0 0 -S ,5 ..2:- o..cEI-t;ro .... ro ro c <1J c 7 * ~ c ';" ~ ,2 ~ ,~ :~ 1:: ~ 'lil ._~~ .or::::::uLnQ}oc .. ,1Il_ QJ ~ 0..._ QJ.... .~ , '-' .... 0 Ol..... > ~.g ~ a. ~ ,5 ,j ::a u ~ ~ b c III ra+-' caJClJ.~roo.~ 'ro ~ QJ QJE ..c OJ .; -e :; '+- QJ '~..c ..... > ::i..... 0 Vle......E:!CLUQ \j::QJ a. c 0.'- Ol III 3 QJ ~ ~-Sw E~'~ ~ ~ al'O '+-::J ~'O C 0 III 0:: >. VI 0 ro c t1l o::l ::J '~ C ;!::: ~Vl o.ro.!3-go::l E ro ro .~ ~ 'C 1l 0 ro "@ ro ~ 5- E ~ E c 'i'.t:: 'C QJ ~ QJ ::J C QJ 0 QJ E _ ..c ~~!~gg~~~i -g .....~ iii ~ o~ ~ g ;; ':;: e ~ ~ 'OQJ 00. ~ C ".:.:; [ E '00..... '- QJ 00;> III ::: ~ a.. '0 bJ'ro'.:!:: -g-g ~ c .;: rci .:;: ,f E '- ro ro ~ ~ o.QJ e..c..c ~ C ro ro t; ::0 a. ~ t c .g, ';: g :0 QJ QJ ,- 3: .~ ~ QJ'.s= VI ro E''P 3'+-~..... '-::J >. '0 ~ 1il ..... 0 ,VI C QJ I- -;: C QJ U >. c QJ ..c '+- roroQJVlQJ;!:::oE.....ovi ~ t -S Qj 'e ~ '51 6'.f .c 'C ..c 0 .~ 1il a. g! ~ 0.. QJ U ~ :!::: e- ~ ~ QJ 'c QJ E -g QJ 'Vi 3::;( 'Vi Ol-S::> -S QJ C -S ~ ..... CVlal QJ o ~ E 1il ;:a '+J OJ a....c: ~ ~ > 0 ..... U al~wQ)c E.E:!iii"R'O .E:!!:('Ou~ o.uZ'-~ >. E .., ~ :J 1: ,- C ClI ..... ClI ClI ClIE >. -2 a. -S ..ace QJ- g- -0 ..... a. ."!:Qj~C:Q) VI>roCll..c QJ ClI ~ E ~ -S'O U g-.E '02~wQJ ro - > ::J QJEroQJro ,!::! > -0 > VI c- i.... ro'~ -a QJ a.:!::: \j:: .- 1I1lC~.Eai ~ '~ 1 _.2 B .~ ..c C I- QJ ~ 0 ~ ro :J OJ o 'Vi ._ C > :;: .:;: :B 3: .~ ~ :::s ,1::2 >. V) 0 +-or ro ..c 0 t u 'Vi U ..... M 0 C ~ '0 B ~ .~ ~ OJ ..c ..... VI ro ~ .~ ..... C QJ E a. o W > OJ -0 OJ ..... ro Ol :.e E a. W ..c o ..:::! ro '~ ..... C OJ E C e ':;: C OJ QJ VI ? E ::J E '0 QJ C C ~ a. ..!.. W 3 <( vi .~ tV _u ..... >. .~ u '0 ..... '0 C QJ QJ ..... E al a. 'C 0 OW , > C QJ ro '0 'C 0 t; ..... QJ.E:! '0 U ~ t. G Vl{"j....nJ ,f.J ClJo::J,+--oc ,t:! ..... 0" 0 ClI QJ ~ ClJ VI III C E ..c~c:!:::rco. o.~oc~o Ero._::J,W ClJ::JEgCll> 61g-Nq.2~ ~ _,Q B 0 ; ~ ~ ~ Q) ~ : 'E ~ R g- ~ ~oo.'Oe~ Eo~~~tJ g-,::; ~ 1Il-..a ~ - ..... QJ QJ Ol ',~ Q) > C x > 3 III ~'O~QjVl::J :::s.........V)Q)V) -su >'-0 ~::J ::J C Ol C A. .2 o'-oro~'- VI VI'"O VI aJ ~ ~:;:c-g..c .~ ::J -5 0 ~ .E ~QJClJOlOlIll :::sa.+-'4-ct) I- E ~ ~ '~ .:: 1::Jl:EClIo'" I-Eo~..cE ~ ::J ..... '" C _VI OJ ClJ..c ..... ..... 'Vi -0 ClJ C -S ro ClJ ~ U g! ~ 0: ..c C C QJ ClJ ~ -g~ rc ClJ .......c U ..... ~ C o ..... a. :~ o..a ..... rc VI..c ~..c ::J VI VI \j:: :B Qj E 1il _VI 3: ~ ~ 0:: ~ Qj~ t; 0 ro C ~ 0 .c '+J ..... ro ::J ~ o U VI ClJ ~-S ~ ;::. ::J ro I- ':J QJ..a ..c 'i:: I- ..... E ClJ ..... III Z'- ~ -0 III ~ V) ~ ;.E .~ 0 J:.~.c V"I ~ 'c \j:: Ol QJ ro ~ E B C ro C C -5 '3 ~ +-'~Ol o V' QJ C .~ -5 ~ -0 0 C ...VI +oJ ..c ..... III o U C -""'\ .~ 0 4- 0 ',i:j o ... u ..... a. QJ C ClI C ClJ ..c c E I- 8 OJ x ~ ~ ~ ro a. III -2 E 'S; QJ 0 ..r::. u ..... 1 -0 '~ ..... C III ClJ ro ..... 'O;::::;c ::J QJ QJ u 3: E C ~ C 01-' U E C ro 'S; QJ ~ c E M QJ C ro e 15 e ':;: C .3 ~ 0 ~ 'P ~ o ..... VI ~ ro C Qj ..... C ClJ ..... ro ~ u '0 C +-l ro VI lIl~ rc ..... OJ a. ClI ClJ ..c u ..... c 0 o ..... u '- :? .~ :;;:0:: ... C ~ ~ ~~ ... OJ 1-s III .... a. 0 o >. ai .~ > C QJ OJ '0 E OJ' rc :; ~ ti [ ;: III t; C ro QJ ~ g- .- QJ C ..c o ..... 'Z; "'0 rc C t ro o QJ ~:2 C VI rc - t;..c ~ Z5 <~ -'>- 0-'" ",," ~ Vl < :2i f- U w (3 "" "- -r C ~ o Vl :5 ~ 2 ~ :::J ~ ~ a: 5 z < ~ o ~ z =! o u z <( .....J 0- LU 2:: V1 Z LU :r: LU 0:: 0- ~ o u V1 >- t: u LU :r: I- o Z <( Z <( .....I 0- 0:: UJ I- V1 <( ~ LJ..J :r: I- ",' "U I-. n:l >. t: ::l o u "U C n:l '" rtl N rtl n~ , > <II ,_ u 0: rtl C ~Q) C ~ <IIl9 0. Q) o .c "U .... <II 01 0. C ~..Q '" rtl -g ~ ..!!! 5: <II.c "U .... ::l [ U Q) Cu >. '~ ~ '" --- Q) C :.e .~ C .... Q) '" E Q) rtl1: Q) 0. .~ ro c-g o rtl C o 'P rtl C .a E o u n:l -0 C ::l e rtl -0 Q) .~ C rtl ~ o .!:::! >. :!::::: rtl ::l 0- Q) .c .... vi" .... u .;:: .... .!:::! -0 -0 C rtl '" .... C Q) E C e C 'S: ..!!! a; a... <II Gi u ....lE :;l 0 ~-g .c rtl .... ::l.c o ~ Vl rtl ~ Q} 1.- ':;:;Qlc ~C > I-. 01 ~ ,- ~ Q) ,- .Ql -0 ::lo.Ql .cC ~C-oQ)>.::l .c.),Dl.a-;;;.2 .... ::l C >"- .... ~0.'6Qj'C1 ::lE==;:=:~.... rtlrtl~-"'C uu.a .artl ~ b b .~ s: -5 C1J ~ Vl ~ :J .~ ~ .~ a1 ~.. 15 C .c '" 0 '~"""U~6 "Uc~u'p c1:J!!.a~ ~.artlCU gb~e~ E Q] era;:: ","U~~.2 .E:!.;(~Dl'" 0. u 0 C 'u C C .... ~ C rtl ~ rtl 4L: 0:: C ro ~ o.<IIU5:Q) g> 'S; ~ 1f 0 :Q a; .... .9, ~ ::l.c:Q",rtl DlQ)rtl<ll"U "U li 2;>:Q ~ ~E~1)'p c 0 1-' 50- C o U ~ e-~ "Vi ...1.11 t:; C'G -- 's: ~ .a -5 ro ,'" 5: ::l >'. c~"'EQl rtl ::l - 0 .- 0: t '5: C 'E Gio.cO::l t:~!J~t: rtlua C 8.c ~ Q) rtl .rtl 0. n:l .c.c=-oO- .... .... 5: C a... gc"3rtl~,~ Vl....I-WO'" ..!!!g..;-:.S'~a; '~ .... C 0 ~ .c ~~E""u~ ~Q) Ql~o. Q)"'3u-oE -cOO..!!! cO 1--5-oo.rtlU rtl .... 01 <II C I-. "U"U C C ::l rtl g .~ ::l t: VI ::l Q) "U .c C .... c o ',i:i rii 2 .~ 6 .f-J ~ ',i:i '" rtl ::l C 'c +- o Q) ~ u .... '" gE~ Qj 'Vi "U 0 VI Q) C Q) ::l -0 rtl .a .c ~ Dl.a g ~ vi !..... QJ ~ -5 ,::: 0. V') 'u C C QJ ';:: ij 0. I-. C 0.01 E 'Vi o Q) u-o Ol C 32 ::l co "U-o C ~ rtl n:l >- .!: :!::::: "U ro 0 ::l 0 0- u C i-' ...V1 ~ (]) Ol~ ~~~o....~ ro C rtl 0 5: .~ '- VI -o~~~~~1m --5 0 0 .!:::! ~ rtl ;:: ..!!! c~6~Q)~.2'~ ..V')';:if"OUQJ>.":::-' -5Crtlu2;>C.c....::l >O.E:!~rortll-.,;:;1- ;> ',i:j ,f-l' 0 .- ..c c '+- e u rtl ~ 2 ~ ., Q) 0 19::lQ)~~~C-O>. Q)-O....-o rtl-o:;::;.-:!::::: .c e rtl c E c C 01 u ~.~-g ro.~ ro~~~ ~ E c --:0 Q) .- rtl .... 't; ,VI 0 ~ i:: -0 Q) 0 '';:; c E'p'P Q) co..... rtl rtl 0 rtl ~ VI rtl 0. >. V1a:~~t~>'roro B 0. rtl'p 0 o.,~"U 5: VlEcCo.o:a~Q) Q) rtl Q) E .... rtl ~ E 8 ~ -0 .... ~ 'S: g> Ol ~~1~b~Cg:6 - .... .... .... ~ 1 'c VI rtl 8. ,!: m ] a; ~ E ; ~ g-!J.;c... u ro E rtl Q) >. 0 -c c ~ ,E_ Ou ~u E .~ ~ Q} U U '" 3: E:E li"U .EI ~~~S~~~~~ .... a; C o..'Vi rtl .c .~ 'S: ~~rtlEroO:3:c>. ..Q'--eQ)Co.o~-;:: rtl::l~-g~g018.~ o 0-. <II u ~ ~ ~b co s,..u.- o..ro rtl....cC'+-<IIEoVl u oo.cOQ)rtl C:-<(O+:i~.f-1CroQ) ~........~rtJ VlO!.....> a... c rtl ::l .g rtl U rtl Q:; I-. <II<j:: 0.._"U Q) ~~'~8.~~~~; rtl 01 Q) 5: u 'C .... ~ ~ W ::2: rtl:Q Q) Q) Q) l!:nQ),+-"O Q) ~ Q) c ~-o C liQj.c t: ~ -5 b ~:;; ..Q ~ .;2 5: Q) .... o E o "U D.. C vi" rtl rtl 01 ~ C rtl C C C o 'm ~ N ..., ~ !..... <v - .2 u "U Ol.!: ~ C -5 u' ~ 5: ~ ~ e aJ ro Ol...c o Q) .... DlDlQ) >.~:Q +-' :J .tJ U 0 ::l .c u 0 .... C VI '~ ~ -g 'C1..!!! Q} .... ~ c .~ 'Vi 0 t; C '+::i :J o rtl -0 ,~ :; C C ~~ -a...rtl .... Q) C VI I-. Q} ::l ~ E .!:! :;l g- E ~ Qj g Q} > 0 .cQ)u I- "U Q} Q} VI .c VI .... Q} JEt: .... e cu ~~~ ::l ~ f e ro +-' -S Q1 iG "U -5 Q} Q) 0 "U "U .... Q) C C > ~ 0 e x 'p 0. Q) U E "U Q) C C rtl 6 Qj "'0 u E Q) -0 Q) -g Q) U rtl 1) C 0. I-. rtl X o..a ~ E :5 ..0 C ..!!! rtl '~ .~ ~ ~ Vi"S: ~ Q} e ::l 0. C ~ '~ c:( -c ,!:::! .....c I'- .... ~i::" >. Q) rtl E 5: c ~ 01 rtl = a... rtl '- 5: ~ Q) c c ~ ro -c c .... ::l Q} o .... Vl 'Vi Q) 4-.c o .... Q) C Q} C ~ 0 ~ .:2 .c 3: .c e +-' 01 ::l o rtl Vl '''::; ..!!! a; .~ "U .::s:. 'Vi ~ ~ "0 W C '" ro ::l +-' .... C C Q) .~ ~ lE 0 Q}o.. .~ E .c Q} .... 5: Q} Q} ~ C .~ L- 'u .2 ~"U ~ o Q) ....-0 Qj 'Vi -e C o 8 C VI rtl ~ ~ U rtl I-. Q} [-5 t' Q) = ~ :5 :J .... 0 '+- Vl .... 2 ~ -0 rtl .... rtl -0 ~ 0 0 0: E ~~f o ';:: 8 1:: 0 U Q} f rtl E 0 .8 c,;: 01 III = Vl rtl Q) Q) U I-. U >. rtl .a t: -0 Q) ill 5: -0 I 'S: t: o I1l a. <l1 ~ OJ ~ 6 .a ~ '~ 32 ,- .2 ,~ ::l 5:rtllll.a C ..!!! a... Q} > 'Vi c Q) .c ~ 0. E o U .c '+- r .... o Q) 'P Q} .~ Vi' C .~ '~ t= vi" ~ .~ 6 -0' vi E ~ ~ c'~ ~ ~ E Q}rtl 'SG;-rtl .c-ocQ)cu I- 6 c -0 .Q Q} ~~E3.~ii 5:;:;:-o3~ ~ "U ~ ';u -0 .~ ~ ~ 'u 01-0 Q)QJc~EQJ ...."'rtlDlCDl ~ ~ '~ 'Vi ,~ ~ u 'Vi V't 2 0 c -5 C ~ ,~ CO -Q)I-. :::J ~ OJ o ....... 0.. D-.~ ....... Vlt:.J:.obV'l O'lO.I-J~~~ c 0.'- ~ ~ ..Q 0. 5: ~1: B ro s:1:-o o.c -0 o.c"U 0 ~ '~ 0 n:l C 'P .~ Q) ~ g g -S o'~~~ro~ ill Q) Q} Q} 1: .~ .a -5 .a :Q ,~ ..!!! .- c .- ~ ~ a 5:~5:~~:c Ql a; E u 0 Q) ~E~::lQ}> b g-~~~~ .~ Qj ~ ::l 5: 0.. ~ ~ ~ j .~ .~ -0 ill 0. o Qj > ill -0 Q) .a o VI ~ C '(0 .~ ~ Q) I-. -0 ~ '~ ill ~:Q E~ ~:c '" Q) Q) $-5 Q)'+- .c 0 .... >. '0 .~ c .~ o rtl '~ E u Q) ~.c "U .... o .... EE Q) .: E B o u Vl 0 c o '.,f:J l.... (3.2 .c rtl 0 W 0> OJ .~ ~QJ~~ 4-..o~rtl o .... E ~ .~ ~ 'F E~ ~ - 0 -0 ir. 3. E 'S: e 8 e 0. u 0. Q) rtl 0 ~ 0 .... ........-0 b 1: ~ -0 0..... C rtl Q} Q) U Q} '" '- -5~tl o c ~ c..!!!tO Q} dJ I'- ~ '- ....-oVl c C '+- o rtl 0 Q) -0-0 ~ OJ -0 >- .~ C ill E rtl C rtl '" rtl -0 ill .ciU ::l o .... C ::l c .... ,Ql-o ~~~ Q} rtl ill .... .- 0. U u 0 3. 3. Qj x Vl > Q) . Q) ,~ c ~ :!::::: Q} J:l E 0 0..... ~ Ql > c Q) -0 Q) ill -0 .... ::l ~ 01 o C E ,Ql E Ql O"U U ~ .g ~ o c C .... Q) Q} "U"UE Q) 'Vi 0. "U ~ ..Q ~ >.. Q,J Dl.a ~ ~1:"U =l....ro .~ ~ '~ o ill ~ U "U ~ ~ 'Vi ~ .;- Q) ~ .... Vl ~ .... o o N U'l '+- o ~ t o c aJ .... 'Vi Q} .c .... '+- o "U C Q) .c .... ::l o VI Q) .c .... C o -c ill ~ +-' ~'+- U 0 ,~ l: e 0 0.'';:; ~ <5 <:; 0. '~ B c o 'P rtl Gi :Q '" C o U z < ~ o ~ z :3 o u OJ --' --' B ;0 ~ '" --' z < --' "- c::: LU ~ V) < 2: ~ OJ UJ {3 c::: "- .g 0. "U ill .... 0. o "U rtl 1= => o V) < --' ~~ 3~ ~" ~ ~ z~ S~ "-"" ~2 W f-- Vl < :2; VI UJ .....l 0... U Z 0:: Q... \.:J Z o ~ \.:J f-- ~ ~ Cl. !; o Vl < ~ => f-- ~ -' ~ '" -' z <:: 2 ffi o ~ z :J --' o u QJ C ~ 0 QJ-o ... QJ u 0.. ._ 0 ;;Qj ...... > ro QJ ..c-o ...... '" C ro o ;; 'Vi >- .;:;: ...... Qj E 0.. QJ e +;- 0.. OIQJ 6-5 -;~ >-c .Q ro -0-5 ~ E ::J 2 01...... zQJ~ O::t: v)~QJ >..c[ ~:]..Q 0::: 0 QJ WVl> f-~~ o .~ QJ -'<: > . Z ::J 'Vi .~ ot:1:g -l00.Q ......u- ,-~~~ =ll= E 0 ;0 W 0.. E 0.. -l 0 ,~ o..Qjt:-';l U~~Qj Z-O~~ 0::: 1 '0 ~ o..f-roro J> oj C ... QJ 0 ~ ;0-0-0.2 >- lij '5 ~ QJV1...o-p ~.~ ~ 0 . '2 O,iJ '+- :::! :J C C ~ t ::J 0 01 0 E .~ 'Vi fr E ~ ~ 0 0-0 C ",' ~ .Q ro -g ~ ro -e QJ .Q 01 ::J C QJ C ..... 0I..c '.j:; ~cf-m cg>Eb o ro ... QJ .~ ..c ,g - QJu,,-...J:: b 11l '4j ;;: ...... ..c-o c QJ ...... C ro .2: 0 ::J ~ g ~ e cQJ......OI ......-o.E'V g lij'5] ~;;:c-o ~ e 8 lij .~ ~.92 c 'c ~ ~ B :J.....nJiV1 E"'C:C E~~-= o~QjQJ U 0.. 0..-5 "J .r, "J .. '._~ <-J C ~ 01 ~6I'llC'" ..c .- E '0 :c +-' .~ 1- ct1 I- ~>~a.' ~~-g~* S+;-I'llE"f VlOl>-,- Q) C 1- V1 ro: fO~u'~ :;; 8- ~:s -g-5EEQJ I'll 02=-5 V) 4-1' rtli VI 6-og>t:1'll . 'Vi 2 .- QJ j! -g 'u .~ -g E .- ...... wE-C-Oc -OEUo"-QJ QJ .!:.=.~ E -,<:8~E:~~ E Vl ::J QJ .Q o..E o ~ tJ 0 c .- ~ ~ ~ ~ .g .~ t: '-E '" 0 U C QJ I'll .- QJ ro E~~~e!i ;~~=$o..E E ro I'll .- -0 ... E~.l:;E02 OVla3-=-Ob, uQJUe<+=c ~~~t:g>..Q .~~'$i8:;~ ::J c w C x ..... o-QJ.cOQJQJ QJ E <-J 'Vi QJ :; "-a.+,o..c.V\ 6..Q6Qj~a3 'Vi ~ 01 -0 0 = .;:;: QJ C C C .~ E -0 '0 ttf .2 ...... I-Vl:=QJh3c QJ.~:J""uQJ +;-t.Q~..QE g>8.BE~t; oo..-oo-o~ :;:C~~t:~c c o '.j:; I'll C '.j:; '" QJ Z-O O~ I- 0 <:('0, Z ~ I- I'll V) QJ UJ E o 0 <( ~ 19.Q Z .- - ;;: t(~ UJ .~ 0::: e U 0.. .c ('oj:] 'l:!: 0 UJVl -l~ 0.. .~ U-"= Z~ 0:: ell o..~ 2'- -::;:;ct:;4- Vl tV C ro 'v ell Q) 0 +-' 01 0 c Q)uE1>--o-g-E-ottf..j:; .2 ~ .~ ~ ~ lij ::J .2:- 0 w ..... ~ ~.~;-~,V)~ Vl e'n;..t: E~'+J 1- QJ .S V1 6 . C -5 "U C ~ ro QJ ~.~~:o OI:=~ Q).~;::G E~ ell 0 cwo .- > '" ~ ell '" ro ..c ..c _ co: 1- '';:; VI 0 OJ 01.11 ""D -0 C ..... f- .u '" QJ ro ~ E..c .;:;: coo 6 oj -0 E E .!: ,'" Vl ..... -0 ro ~ 01 Vl.~ ~ CUb ~ ~~-g ~ ~o ~ ~V'IQ)+J _Vl::s -..0- ._ QJ "0 QJ OJ -0 lii (lJ 0 '" ro ..c ro ;;: ~ 'Vi ~ C > ,!: '- ~ > 01 :; -'<: .- C ...... 0 ro (lJ '" ro U ell .- ..... ~ .~ 8 ~ B ~ E .E 0 ~ -5 ~ ~ o _ vi .f-Iro.~ ...ccQ} >-c c..... 01:= '" L ;~o::Jo:C.Q::JQJ ,~ ~ t x ro ro .}; ;; B 8 E oo..'f .c 1 'S ..Q >-......QJ"-w ;~"""Edi .t::<(.c o..t: o..ro;;:-o c U ....... "0 .- 0 := '" c lij '.j:; 1 ~ E ~ -g 6 'm ~ ~ -e .~ ~ -0.. ;;: vi" ro 'Vi t: ::J C ::J QJ _ (lJ-co-(lJu", o ..... -0 Vl ro ro U ~ E .- ;~ ';:..-t~::Jc~>-::Jo..E<-J ..... ro .- >-.2 w +:::;.;!::: 0 ro ::J .- .Q.......... c::J - C 0 3 E E 'Vi ~ 01 ell .~ ~ >- '" _ C C"-'-QJ"O(lJ t I'll 0 QJ E .- '- 01 '" oc':-oo~aro-groro 0.. ,2 QJ ... .t: w >- "0 '- B"f . o..OINQJ "'.....c...c '" o ell 'Vi ;;: c'" '- ro,g o.~ ell C '- Qj 0 ,2 .~ ~ lii - '.j:; '" ;g ro ~ <1J -; ~ ~ e .~ .~ 'Vi ~ >. ~......c c (lJ o..o..t: C C U;~ C C Vl ~ ~ :J tV ~ .~ ~ QJ .- ,'" '" ro E w -0 ..... <-J ...... c '" C (lJ'X<-J o.c c 0 o.~ (lJ ~ 0 ;~ QJ U U f- .- 0.. <-J -0 -0 o..:.e ~ 0:. ~ ~C;.c:c~ t)a.+-:~o ell QJ ~ QJ <-J 'o>1-CC '- '.j:; U ;;: .- o..'groo~ o-50..8-ow Z ::J E lI'l lij ~ ~ ~ 0 .2:- - .;:; o I'll ~ 2 -g '-:' ........- ._ +oJ ro: +-" f.J u...;;:-Ero- 1..9 -'<: ~ .- :Q 8- V'::JCX-"- uf-roe~ro <(elI.co..Cell o:l~ ~ g.8-5 ...... .2:- C 0 roro~Q)ro::: U ._ (lJ E ..... (lJ '.j:; ;; ..c 0.. ~ >- ro -'<: ...... 0 ell '" E::J~Qj..cro Q)f-._>.......c t;elI3~b"O ~.p ...... >-~ cc.,;::Jc- QJ ... 0 ro W QJEm{lEE ~ .~ ;; '" -5 >- ro ell'l 6'~ ~ ...c 10.- ~ .- ro .2:-Q) ~:;:: e> .- 0.. 0 ::J "- w Ee,,-~~..c ~ o..,g '0 0 .:: ~g>roco..e ro=~QJQJ1- OI.Q ro QJ..c ro Q)E..c.Q.....O". lJ") of-IQ)""OV1+"'" QJ ~ ::J > W ';= a3 ..c",oro=+:::;E f-roVl..c~Bo.. > c 0 1'll0Qj ..cE> :2E~ 6 8 t: U '" I'll ~~~ -5 ::J 'c '" ro .~ ..., '1:: V) ell ..... ..... -"= '" '" '- ::J '- 1'll"O<J:: E c .J2 "0"0 ell c C ell IV ro '" ~ ~; u1~ o '" :[ ~ -g ~ roE ..;- QJ .~ :; .l:; '" '" c '0 ell 'is .~ ~ c '- ro 20::: ~ ~ U t; ..c I'll :]~ o ell Vl.c wf- ..c . ..... '" ...;-ro " 'C 0..2 >- ... :;;:~ u ro >- ro U .'= fro .2 .~ E _ 3: Qj w .~ ~ '" -5 2...oroo ~ ~'o, -5 2 ro.-t=~aro :-e >- t: '" E C.Qro.....-O "OUCC .'" ell <J:: Q) ro ell U c E r--- :t:::=Crnt::\O '" ro ._ QJ w..c"'> ~~BE """"""'" ~~ -',. "-< ~'" ~ V> <>: :;;: o L!J (3 cz::. "- , f= :::> o v, <>: -' ~ "'" :::> I- '-? ~ ~ ro c: '" -' "0 QJ 01 ~ QJ 0:: > V')~ ..... o "0 C C ::J ro eo: 01,- -'<: QJ U ..... ~ ~ QJ~ .c '" ......:c c ...... 0..... c 0 o .2:: '.j:; -0 ro c E ~ ..e 0.. .!: ~ iii-5 QJ 0 ,~ ...... 6 C -0 vi -:S~~ C'.iJ...c ~ QJ"Ou "O(lJ .(lJ,o..... ~1-5 c'~ '- ~E-.& [~~ >......,23g ::JQJgc....Q.QJ ell E '-E Vl '2 0 b '- Qj (lJ "0 ..... -00 dJ~~Q)o..t;6;~~ ~ ~ ~ 01 ;0 -0 > 01 ro "0 '4j ..Q 0.. ell ~ ::J .c c ~ .!: ~ '- U ell .- C; ro c.. u::J -O..c::J OC ;0 U...OI.....>-O~::J+-'O .!: ro Vlell 0 (lJ 0, ": 01 0::1 ...... CU _~ o..>-......u >...Y: v' to (lJ<-J",ut:CVlEQJ0.. 01 QJ ..c ::J -QJ ro .- QJ ro QJ 'u C .0'..... ro .'= .Q 0 +-' := ~ .Q C ,- ... ..... ~ '" '" 0.. 01 ;;: (lJ '" '- "0 0.. 0 _ QJ OI.!:: -'<: ..c ro 0.. ::J QJ cro..c-5 C;;:::J +-'..c QJ 01..c 0:; ........c..j:; of- E c '" QJ;::t:;.....'U+-'ro_(lJ 0('0 OJ ~..e:c~~~t:..e-5~!i-5 z < ~ o ~ z =3 o v VI ~ .... 0 ~ '0 E'O VI ~ c QJ o ..... '+J ::s ra VI ..... c ~ QJ .g2 C-a 8 c OlE c c c ~ .~ a.~ ro~-d ',p ~ c 'c 8.. ~ 0.. ,'" ~ 0 ti 3 E: .~ U QJ e 2Eo.. .... 0.. QI ~.Q-5 .....QI..... .5 ~ 0 -a-a.... c g ra\l::..... OlCQl .~ U; ~ -'" ..... ~ ro3~ ':-.2 ..c Q) 0.. :5 :~ ~ ~ c -'" 0 QI 0 QI E ~ VI ra ra ~ ra 'p C QI .... o 0.. ,'" QI .... 'Vi QI .r. .... QJ N 'f 'x ro E o .... >- :~ :0 ra 'Iii .r. .... >- ..Q LU] ::>.r. .-J0l <( 'Iii > 3: 19 QI Z..Q o '3: .-JVI ::>6 co 'Vi 'u M QI ~~a.i LUc2 .-J QI t'tl o...E> Uo..~ o t'tl Z"iii~ a::~u 0...02 ..c QJ s:~-g > ~ co g..; ~ ~ .- c .- 0 o..QiVl- o E .- Ol "iii c .= .5 ~ e .-'" -a "> ~ ii -5~~QI ro OJ 'Vi ~ ~ VI QJ ...c .2~~'?-vi V\-O o-2~ 'Vi t'tl E :J 1.: R al Iii ~ QI QJ - QI C E..c .~ .sQl8~QlE QJ E QJ .- -a".iJ..Q....E .~ Qj ._ ~ 0 ..... > 3: E ~ 0.. 0 0.. ~ VI ctio'S; QJ '3:.g '5 "iii ~ c QI 'p Ol "5 .~ ~ -a .~ ~ >-'c '" .5 "0 -a -a Qj :9~..QE-g:9ai1\l::3: .~ ~ ] ~ g ~ .t! i.~ :: -a.s 20..;--a OlQl > 0 1m'~ ~ ~ ~-= E,g E: ....#-a-'" E vi"..Q o..t'tl QI CQl~>- QJt'tl.2 E .- - 0 t'tl >- U C Q) 3: 0.. -a .9- - E .2 > Qi > 0 QJ U Ol", 0..>-....- QI QJ"iii '0 .5 .5 >. E S:: .~ -a 2 > c:O:~~~u~~~~ ~b ~2.2 ~'O al c ~ LU ~ f- a:: LU > o >- !::: V1 Z LU o 19 Z V1 <( LU a:: U z~ lJ) :::: ~ .- LU+:; --' :J 0... a U~ Z '~ a::-'" o...~ a.i ~ E to '+J -a >- o QJ E 6 E >- o :t: U VI U C t'tl QJ o-a ....-a -a QJ QI '" C ra c ~ t'tl U - C 0.. ._ vi .... Q} C 4- U Q) <<.n'" -5~G [S::~ c2E:~..Qm.... o ra QJ .- QJ ..... .2 'p>E~>~QJ~ t'tl Q} QI QI .- .!::l Ol .... .r. 0.. -a -a -a c ~.....2>-~cEVI E.::: ~ QJ -a ~ 'x c -Ql3:CQlt'tl ~ 0 -a 0 t'tl .r. E .~ 0. +-oJ +-' +-' E"iii2-ac.....2~ UraCQJO>'Vi Q} ro E t'tl E QJ > .r. 0.. ~ 0.. 2 ,g 1 ~-a~.2..Q~.2'::: Ol~o..Ol~Qi 0 O~ 0 '" ,5 QJ .r. '3: ~ lo- - .- ~ "'0 +-' ro .r.~::::ro ~Q).r. +-'QJc.o..lI= ......V'l -a -a t'tl QJ C a.i 'Vi E: ~~a:::6~lJ1 ro u3:Qj't:~~'E~ a:lQJ....:J!J'" C L.C~V14-U"'O QJ .r. ~ t; ..... 'f C ,2> ..Qu o.2o~~ .?:-:B-g Y E C'O QJ CVlt'tl3:08-VI OQJcOOQiOl~ cV) -1... era t'tl :J 0 QI > '" .- U u to :~ -a 6 ~ ~ ~ -ro..c>2 rot01... .p...."'Ut'tlEO"~ Cc.r.C QJU QJ 0 I- .- Ol U U .... VI . ,- 3: ,5 ~ 0 o .- '" 3: .... -'" >- >- n~~~~~~c :J .- 1.... C +-' 0.. "+- 0 .....arraQJ"'-aoc _VI .... 0.. E QJ QI .... ra .r.raOl VI>-Cu +-'1:;co..:J::SaJV'I ~ VI .- .2 ro ti E:c . o E .5 QI .- :J 0.. I- 0.. Vl.....ra>~>-o .r. ~QJEQJQJt;-;:>.,'" ':;:";'QJ-aEc~.~Qj >Ol.....>-EQJQ}Vlc -"'cQJ>- ..c-ac3: ~.2.s~83:~~0 6) C QJ VI ~ ..Q .~ got'tlc>- .r.3:~Q},~ -0 .r.c E: .... .- S :J QJ Q) 3: . E E:9~E:E >- UQJo .2QJ'5Eu 0.. Q) .~ c ra E.r.-ao;:>; OJ +-' Q) .= Qj robQ)Eto c >-.r. QJ .;:: .2 c I- c 0.. Olt'tl rao ~E~'.5o.. QJ~~Q)~ -g-:5]-a ura-ao..~ .5 '3: ~ ] (3 :Q ~ 6).5 .2 g .~ .~ ~ ~ up-",Olra J::..:2rocL~ ~ ~ ~ ~ .~ ~73:oS:: '3: E ~ ~ -a ::s )... .- c -s~t;Q)ra I- .ra-aVl tJ1- Q] ~ >. -g ~ .~ c :c 0 U>OlOlOl IV>-C:C-a g S:: .;:: IV c ""Ol'04-C'O ~ c -5i 0 VI- QJ ra >- c ..Q -g .0 ..a ,2 .~ ~oQJto6). ....o.r.QJc-a ~ 0'1 di b 'Vi ~ "~-a 0lQ}:J t'tl ;;(~2.s~~ ~ .8 ..c +:; Ol U v c ~:Q:g .... 0.. 0 ~2.r. E ro b QJ .- x a.E:E E S:: .... ~ o VI ..c "C u QJ .Ol_ -F; o,~ ~ +-'~~B c ..r. '" ~c;3{ o QJ C ~ -5Et'tlQJ .?:- g- ~ .s .2"iii~b Qi > VI >-QJ~ro l3-au> QiQJ....> ..Q :; ~ ,g Qi- !J E t'tl ~'+- ~o .2o..Q~ ~~ 0..,- Qi Q) E :x .r. c QJ VI +-' .- +J OJ ....- Ol.r. U ~~.2>~ EVI>->- t'tl QJ Ol ~QJ-:5Q:j V1 2: vi" C :J QJ >- >- QJ V'I Q) VI ~-a-;;;QJ .r.c.....r. '?-~~'a; ~t1J+-'~ ro.s-g~ W 0';;:: u Olro c ~ ~ :~ Qiu-a ~.2] ..... mOOl c -a c .- to },.... :3 QJ ..Q o ~ 0 .r. c .... -a",] c QJ >- I1l '" Qi "'~ Q) :2 ~ .5 ~ .~ :9 8 Qi ..Q Ol ; b.5 c QJ Qi I1l Ol..Q '" C 0 "'O~~ o QJ ra o -a .~ Ol._ ..;-3:ro ~ ra .~ E~~ >- ~ .- ..Qu~ LU 0.. C 0: V1 E .- vi 7Qi-g:v I--: OJ ro VI :....J-gS::~ ::>u~t'tl ~ ,5;" ~ :;~ro -<f3:E-g~ ~..cQJt'tlt'tl ::J !J ..Q .~ 1 Ci.. a '3: t; ~ U ro: +-" :J +-' z~ ~-g.q 0:: -3 "e'~ [9 Ci..1-0..0.> a.i U ~ 0.. QJ :0 ra \l:: ",j:j C Qi :2 .?:- IV C f- .2 ZOl L.Ll ~ ~-a Z ~ O~ a::..Q > ~ ~ E QJ >- E f- I1l --' QI <(.... ::> :Jl ab \0 .~ ~.r. LU .... --' :J 0... a U~ Z .~ a::-'" o...~ +-' :g Qi 0 ~g' ~ 00'- ~ ::: ~ tJ :J ro to ~ ~ ~.2 b ~ o OJ'~ = 0.. _ .- -a ,- g.r. ~ 3:"iii Iii.s....--:-.r. ::::I .- .!: ~ ~ 0- 3: .~ QJ .r. bQ)3:cii~ c:5]CE: o 0.. c 0.. QJ :~ ~ :0 (3 E ]oE~~ 10.... 0 0 C I- ::: "B U ~ '> QJg~-si~ 1 .~ Qj :J QJ +-,c",,-:'::O '- 0 co: VI ro: ~ U E '6. ~ OJ .f! Ol 0 1:: .s Ol ,5 ~ ~ c .5 ;g ~ ';' o+-,:Jln= -a~..Q""t'tl =Ol>-~c :J ~ ~ E .2 ..Qct'tlQJOl :J-QJ .- >- a QJ >- ~ ..Q Ol -a .r.Vlvicc ...... +-' QJ .- ro a ~ ~~~~ _.cu_ c VI ..Q ~ o >--a o.:g 3: .= g c E '" ..l<:>-a~Qi~ ~~caEu .... VI .... c t: en V'l c: QJE o C QJ .... QJ QJ 0.. "Vi .r. QJ VI E 0.. ..... o..~....-",:J 0...2 ~~,gS::roE:OQJ to .- -a a:l E ~ "iii ~ "-!9cb(]):J~-a 1~rac~~-aB +-' 'm vl . QJ (]) OJ QJQ)+-"+-,,t'iJl...1U- '" VI QJ U .- -a Ol ~ ~:J t'~~ fa'P U ~ ~ 8.. '0 ~ 'ro 'f ~ QJo..Cb~E-E .....:JO >-QJo.. .~ .2 '" 'p ~ Ol.r. 0 VI E: 1l ~ 'u .5 ~ "iii S::QJo'PQJ>ro> ~E':i-'Q).s1 ~ -E. 6 -g ~ b E'3: E E'5::;~ c-o ~~ ~Cco:'=QJQJQJ EQJra'p2~E.... QJ ra .- QJ C t'tl Q1:a[9~~ueZ .!::I ra ~ U .r. c '> U VI.: QJ+-' c:J ra '" '" .r. QJ QJ c;:: ~QJ-e+-,U...QOJVI o..-ao....c QJQJ E QJ 0.. >- n:l '" VI QJ ..... 0.. 0 .r. .~ 7 ~ o ~ 0.. C '" .- VI to E '" g-QJ QJ-3 g .s ra OlVl-a ~ E';:: >-QJc=c t'tl Ol to 'Vi .:;: t'tl, ~ -a > QJ QJ ~ > QJ 0 QJ '- tob~Q)2.r.2.2 ~ ~ VI" ~ ~ -g ~ ~ +-' C..Q4- ro 't-~ cn:lOOra _>- QJ'E:~C'Qj~OJro E Q) c .- > $: 3: E o..Era~ooc:(Qi o 0.. Ol QJ ,VI..... .r. "iiioc.2:tio;:>.,.... it a; V) ~ .~ ~ .e ~ oj -a~g:celii:il~"R <( -a .r. I- 0.. > C .;:: U ~ 2 vi U u Ol ~:~ .~ >- Ol..Q .2., 0 0 t'tl- .... E-g-a >- ra QJ :J QJ to .2-a~ c: ~ .~ Qi :;; .?:- E c ti o t'tl QJ U - "'" o En Qj :;; .2 ~ .!i ~ g ~ '3: u..c....-'" ~~g~ x.....V'J\,p- QJ C ra 0 .~.2.- ~ >-.... 3: .- E ra -'" U o E ~ QJ cot-:.s 81:62 QJ ....,p VI -"'ra..Q IV Q) U 0 g~.2~ '61 .!!! -a 0 ~ ~ ~ d1 1 ~ ,~ g; .f-I ... VI +-' C ~ ~ 3: t'tl .- Qi .r. 0.. 0 C ~VI""QJ e e ~ ~ \..9%0.s z: <: ~ o ~ z: 3 o u ..... o Ol C >- ra .r. VI .... C QJ 'u $: Q} ~ ~ '" C QJ o .... ra 'p C Q} VI VI QJ .~ VI Q} 'u C QJ U t'tl :0- ra QJ VI ~ ..... o c o 'p t'tl :v -a 'Vi c o u ~ ..... ~ t'tl U j 1'] r co 0: 5 Z -0:: --' CL c:: w f- VI -0:: ::z; l- LJ w o a: CL .- i= :::> o VI :s ~~ S~ f-'" = .~ tii III c t:.2 ro 01 C QJ QJ .... ..., ro 01 III C ro ',p C III 0 'x ',p QJ ro ~~ QJ 0. C ~ ~ ,'" .I::.!l! '5 .~ O~ Vl~ -5 0 .~ ::: ~ ~ .0 C .~ C ro 0 o.U E 0 8~ ..., ~ ::l QJ 0 - Vl 2.!l! ~ .~ a; Cl~ t: .g ~ ~ U $ ~ O'iij OJ = ~ V") ro ~ 2=--0 C "3c QJ ..... ro ~ -0 'g vi' -0 C ro ~ c ro QJ .;;: roQJCO E~ai~Ol ~ 0 ~ -0 .f: ~~bfij:3 QJ .t: >. '" 0 .I::c""-o.c ~..a~ 0-;5 t; )..., :J 0 .- QJ8,o-Ol$ 1:: 0..I:: .c '" 01 0 Ol.t: .0 .;:: QJ :C' $ .2., .o.I:: ro "'-0 -0"" .oc C ~ -5 .~ ro roQ1~-+-'V\ t::::t: $ ~ ~ QJ 0 -0 C .- .o.I::2cC: QJ t:: ro 0 QJ", .I:: ~ 'u U ...,~oo-o +-' Vl.f-l' C ~~~-o~ t;$>.~-o ..., ~ -'- 0 11l::l0l::l0 B I- .~ g 01 "'0 ~ CO s- QJ C QJ QJ :gQJEu~ c= ~ g'~ $ ~ .:: 0 lJ') .~ ~.~ [ ::l ~ 0 III .0 0 Q; .~ e:$01:O 1 .2'~ ~ ~tiiro-o '" ::l c QJ ::l 0-'- C rn ~ ~ .21 U 01 0 III g:C$~ 6.!l!~ ~.~ ~ c ~ c 2~~ t 0 OJ 0"".I:: a.~e .= 0. ::l ro.I::..... $ ~ .- ro 0 $ ~.~ ~ .- Qi $'::C ..., ro 0 o g'~ e- o,p 1:: .- ro 0 <(co.vi u ~ V"I Qj ~ 2 C III r:-: C ~ :J m .- ..., ..., Vl 01-0 C o .f: e: QJ ""~ro-O cQJ.oC .Q e: b ~ tJ~~~ ~ ~ cp ~ C QJ C .... o COO U 'Vi c e- 2 .E ~ 'iij ~-o.a'O 'E ~ .2 -5 .v~<($ .i:: ~ ..c e -QJ...,Cl QJ > ::l QJ .=g~-5 '" 0. E t; o -0 ~ .s OJ I +-' ~ .~ .0 ..., .... I ~ .1.2; B '0 -0 ::l .... -0 ro 0. C C QJ ro 0 .I:: vi' C ..., QJ QJ 5 :-e en o C ro .c QJ :; OlEO i5 ro ~ .... -0 QJ -€~=~ ~"'$~ - 0 .,8 e I 0. ~~-oE C ..., 0 QJ g.~~-g ~ ~ 0 ~ .~ -0 ~ t: t;~rnQJ ~ .~ 'Qj :2 'U t:; c V) OJ .~ m ~ 0.-0 C ..., 01 0 .- u. c~-g~ :2ui5~ 6 ~ ~ ~ lrr... .- :J C 0..-0 III ro QJ .t: III .QJ B U ..., C U o :g ~ c ro 0 o.U "coBOl ~ ~ .~ ~ .~ ~ ut;...c .- ~ -g $ QJ ro 010., .~ 0 ..a ~.....o ro ~.~ o.ro~ U QJ U :5 .~ .~ ::l III QJ o.~ '" Olro-o .f: E ~ -:a 10 V) g-5-g >-1:& = QJ :3Eof '~e :~ g'~ E Vl QJ ro >.C c=-o ro ro C ro = E ::l ro.... -0 1: QJ QJ QJo- 0.... QJ QJ C vi ro$~::lO~:2ro..., $ ~' -: tii -0 Q; 1; ~ fii -ro~>'5.cli.'';:;E '~ "'.. -:S >. 0 $ = C C C QJ III -0 .- ::l 0 .I::roC.cJ::QJ$t.... '5.!!!1:''51GVlOf ~~""~o~:%~QJ .!l! .;; ~ $ ~ 2 'c 0 0 .- ro .g .c = C QJ tii 0 $ .I:: "'" t $ .- E C -0 -3 :::; ,.; 0 ~] ro .Q '5 I-CCz~={:~o ..., QJ QJ QJ .- U QJ '" ro E 'c.c vi $ QJ .... -QJ ~ c Q} ~ 1: ;3 '0 ~ .~ o e > .- OJ C "- )..., $ > g-t E QJ 0.21 o C U 0 C E QJ .~ ..., .I::QJ-o$oc-5'o $t:~-o'5e-og~ QJ QJ _ C C .- C ..... C liE-O ro QJ E ~o.Q o o.QJ QJ.... QJ QJ >...., QJ 0 .t! .<:: 0 .... :0 tJ ~ 0. Qi ~ -c;.g g .~ .;:: C 1 ~ EJ.c '5 -0 (3 ~ g I- -0 0 $ 0 .f: 0. ro U III QJ 01 ro Q; > ~ ..., C1l .I:: ..., E QJ ..., '" >. III >. .t: C QJ E ro QJ .<:: '" C QJ .I:: ~ Vlo. w E I- 8 ro 22 Wro 2: ~ <( U co .~ vi ~.I::tJ W""1Il -1 ::l '" o..~~ U .!l! -QJ Z'~ .~ o:::~QJ o..~-:S .... rn =ro~ C $~uE- ]2.l. C~ OlQJ ro.Ql::lc.I:: .Eg~,;:c;= QJ :;:; -0 E .~ $ -53 QJo:Oti,.; c't;~QJu~QJC QJ C U VI '-.., QJ QJ-IIl.oweE s.....:-g~-dO'c tJQJro.I::cQJe .0 -:S - ~ ::l -:S .;;: ",QJ-o 010.... C ~ g ~ .f: ~ -E QJ ro+-'V"I"'OQJV1l:3 ~ -t ~ S ~ ~.~ QJ 0 Q; .0 0.. $ .- .I::s""QJQJQJ.I:: +-"oro--c~'5 -o...,E.o...,OlO C-o Ol~ C-oVl ro QJ r- 0 .- C ro ~6,:6 E ~ro= C .- - QJ ro '" S ,- ~ '3 E E .~ ~ ;g -0 .0 t .- ro ~ ::l QJ >'o,VI-o QJ .o.oEo.-5cc QJ=roo.::l::l\J:: .= '3 6- ~ a .8 ~ t:: Qj ~ o S QJ E -0 Q; t:: ~ :~ 2=- _Ill ~ > 0 'ro ""rooO:E~O:: ~~oc-'';:;''; 't: ro $ a: ~ 'c ~ QJ QJ QJ.... .a -0 0'.I::.I::t9~.... C .~ .::: ... ~ 0 00. ro ...,o..~ >. ~o~...,~o.~ '-' '" .- -0 QJ 0 - o.i:;.t:C.I::-ro li. C :ij ro ..., ~ ;:: r-QJEt;;'O.QQJ -:g ~ ro QJ.I:: ~ .2 o ..., ro S ~ ~ QJ VlQJ....QJWU.c ro.o::l.c QJ"" 0_ -0 ~ 1-' t;; ~ 15 sQJcBroQJVI ~gOlQJQJ...,s ~ '';:; .f: -0 ~ E QJ .- ~ .~ ~ .;;: ~d'E=~c~ 1-001Il.c...,::lro VI ro Qi $ III ro vi' ..., QJ III III ro tii c .Q 01 QJ .... -0 C ro 01 C vi 'f5 ~ .0 ::l .I:: .... .Ql 'Qj QJ.!::. c +-' 0-0 ..., c Vl2=-ro 2tii~ o E .g -QJ"" I- >< .~ UQJ-O W...,1Il 2 ~ .t: Zc~ o g ',p U U ~ c r--. .~ c =i:l::.c8 UJ1-'>" -li5.o o..Vl>' U.!!!~ 2'- c -~Q; 0:::-.... o..~c >. c ro E c o III 01 C -0 C ::l g ::l III III .t: o ..., ..., U QJ '0 li. QJ .c ..., III ..., U QJ C C o U C ro 0:: Q; ..., '" ro ~ .I:: ..., ::l .. o III VlQi ro > = QJ $::: ~ c ::l QJ I- .... QJ~ .I:: .- 1--0 QJ VI.oC ro B .~ -0 ]-5t::2 s ::l ~ ~ .~ ~ QJ ',p ~.!l! ~ ~ .0 '-.c c $: ..., ro . .- -3 -0 .... ~ Sl-cQJ.o OJ en ~ e .t: ~ QJ' -E .~ "'_u QJ QJ tii ro .- -0 -5 liS2=- c .- tJ E.I:: OS~QJOl V'l~rot;.c .~ -5 E ~-:S >~-o-o::l Q; QJ c ro 0 VlIIl::lOVl ::l 0 .... ro -g QJVl c= ro.gtJro~ VI'l"Ol-o -oO::lg~ g-oo..UQJ 0l~1 e:~ 'O~~~E x .- .- U 'E ~ ~ .~ .~ o .- e ..., ~ -c.E a. rn .~ B ~ aJ ~ o.cE-:G ~ o .- 0 ..... ro li.cvou o.QJ>.c~ roE-=QJ llJro~roQJ ..c c: .- :J l:; I-ro.co-VI .... o ..... c o ',p >.ro -c'3 o ~ ~ ..., .- QJ o U ..., C ..., C ..., fii QJ QJ .- U ~ .g c ..., q;..; ro VlllJ.o .c '" .... ..., s:::> 8..Q.!l! N "'iij'~ Vl...,~ o ::l ::l ...,-01- .~ ~ 1 III ::l ..., 1tiB +-' 2 >-. .c ..., ro 01 ~ S ::l .... QJ e'Ci=O .c_Cl ..., ro S ~ g QJ S .- C ~ ~ ro ro ~ V'I o..B2 Q;>.m ..., ..., .... C .... U QJ QJ-o U 0. C -5 e ro ::l 0. III ~~~ 01"" ::l C ~...V'i '0 ~ 2 c C III 2 C QJ X O.I:: UJ U ..., >. '" III QJ ro :.e OJ C QJ QJ.o E ._ ro $ E.o .... ::l ro.I:: QJ- C 'iij .8 QJ III .... '" ,'" QJ .... U QJ U ..., ro C '" QJ -QJ U .~ C III ro QJ.o -5:5 QJ ro 5= III S c~ QJ~ .~ -g C ro ro +-' 0: 0 Qj e- t;:<~ ro U C :2: ~ .~ QJ ro C .I:: QJ QJ ..., Vl > >; ~ g =.I::u ~ U -0 ._ ::l C U. VI ro _VI .I:: ..., ::l O.I:: Vl ..., .!l! .~ .~ ..., ~ C ::l 0 I- 0. o VI ..., VI '" QJ -0 U o U o ~ 1: ro o '" .0 QJ .I::-o g'>o- QJ .... C 0. ..., c-o QJ C U ro .~ V) ] .~ '" > +' .... U QJ QJ VI c-o C C o ro . UVI>' ~-a~ ~ g ~ tl 01-0 -5-g~ ~ ~ c r- 0 'u Vl.oro Cl.I:: 0. COl:3 '3'~ ~ ..Q S ro c:u OJ ~ 0:: C 01 ~ zg <~ -'>- Cl.< 0:'" ill f- Vl < ;:;: u w {3 a: 0- ., E o ", < -' ~ ~ => f- :j -' ~ c rv a: co -' z < :2 ffi o ~ z ::; o u C :D '3 fll ~ .,84--5 v C w-a',p l'IJ O;~'P..!!!.!: C V ~ g ~ ~ ~ .~ ~ ~ ~~:Jl'IJQ)c...c-g Q)fl.:::1EOl..!!!-:U ~ ~ .g ; ~ ~ ~ .2 .2~~~1.E-g$ ~..!l-ge~Q)-:ug o l'IJ-ac...........o'" :~ .2 ~ QJ .~ ~.~ ~ > ~ Ol-.5..!l'P-a v ~ '0 ~ .E: 1 'E ~!6 .!: .... :J o V'l ..!!! $ ~ ~ C C o 0 "+:;; ".;:: "Vi ro C C ~ t; .... Q) ~-a ..2 C >- '" l'IJ ~"'-e UJ~:J I- V C <(~l'IJ 0: 0 0 1-........ I./'l-ac z~<i; o1g- c...... ~ >. c... t-~12 zv'" UJ Om t;:; :2:~.g UJ ~ .f: -It;;-a c....Q)C :2:..!ll'lJ t;~ :J :J ~E.::: .... :J UJ C V -l Q) .;:: c....E~ u g- C z-l'IJ -~E 0:: Q) 0 c....o-t: .!::2 l'IJ.!: VI- '';::; -a <i; ~ Q) > Q) C Q) .... .Ql -.5 ~ '" .... '" Q) :J >. -a 0 :t:: Q) .!: C ..!l Ol Q) :J E '3 e l'IJ .c-a '" .... C ~-arovi :J~>.c -:u l'IJ g;! .2 ~.... >.... Ol .f: ~ '0 'E E e 6 C Q) C':: ..!!!..!ll'lJQ) c...t;;-a-c ] E 8 E Q) >. 3( Ol ;,~Q)C t; ,9 -.5 ~ :Jx-al'lJ ...Q)C.!: 't;; '+= l'IJ V ~or.:1~ 4-"'VQ) C 1'E E {l c....!::2 0 .~ co ~.; :.e ~ OJ ~ c: +-' '- ~ Q} '+- :1 'O-.5E~ 2 of: Q) .!::2 l'IJ .... E >. E3g-~ ~..!lQ;,.g .!:-a>x 3~~~ vi -a C .!!! c... e v -a Q) :J ~ -a :J Q) .... .!: V ~ E .~ II') -a e ~'E ~ Q) l'IJ C Q) c... >.'" Q) ,'" Q) Q) '- .... -.5 'Vi ~1 2~ o 0 ~ra Q) Q)' .... '" v ro Q).!: ~c... <lI '" ",:E .- ~ Q)4- ~ 0 .c-a a.. C .... Q) C Q) <lI.!: E .... g-:{ Q;r-i >~ Q)o ON I ~o :J .... v 2 .... '" ~ ..... C o ai N v "'..!!! ro c... ~.f: Q) Q) -:5..0 ~ .E '3 Q) 62:--.5 "'-a 0 C C .... .!:Q)-a o 'i: QJ -.4-.... 4- I V 0.cQ) !: ~ 2 Q) l'IJ 0 ...: E 0 v ~ ~ !: co:: c~flc ro Q) :J Q) .cQ)..!lQ) Jju'E~ .!: V) ~ I):: > <i;o:: .... ro C $ Q) ~ ~ U\.? ro Q) ..!l.c 4-.... o C C o .... "+:i ~ ro:.a Q) ro u.c N l'11 >. - Q) -a~.!: ~ ro .... -.:; .~ -.5 ~ 5'3 cti n ~ 4- c....... o ro l'IJ c 4- .- o 0 g 'Z:; x Vl ~ ~ ~ 00.", t;; E ~ Q) 0 v 0: V n:I C Q) Q) .c Q) .... o C Q) 2:- ';:; -.5G~ 'O"g ~ Q) .... ro 0l.!::2 $ III .!: 0 C '" C l'IJ ro .... ... 3 :J -a......!l >.ro ... r- 1Il-':; .... ... :J Q) ..!l > Eo: .... C Q) E Q)~'O c... .c C -2.!:!:ro::::~6 ~.~QJ~::JfJ)'+J Q) $ E :J ~ ~ Q) -a....O'....-;01])c... -g~-2~>.cE l'IJt:~t;!:t;;8 V) :J Q) ro ro 1.- Q) t:g-a~+-,\I=..c n:s 0 OJ C Co ...V'1 +-' C U L- U QJ lr.... Q} 0'1 a ...VI 4- .~ ~ .p.; .... C v ~ 0 <V ro C ro '0 2 'Vi ~ .c C Q) 'POlt;;<vcl-oE CCro.cQ) .00. ~O~+-'V1~""O occOlro:JC;-Qj c...<V-a.g~:;c> -.51:cQ)n:I':;:;~~ '3 ~ ~ ~ b 1:: a ~ ~1co=EgZ 0"'2u30.<v~ '~Q:;roviQ)O~lr.... ::tco..t:gdi~t; ~-eQ)OO> ~ o ~ -.5 ~ -:u ~ '3 C +-'" C . Q) C '" .- Q) '" ... III c.....!l ,'" Q) .... 'Vi Q) r- -.:; Ol C 'u C l'IJ .c C Q) o..-g I l'IJ I./'l ~ o 'p 0:: v <(~ sK UJ I- C I./'l Q) -l7;; ~t;; Z Q) UJ~ :2:.c z :;: o III 0:-;: > ~ Z'e. UJ c...!: o.!:Q) r-:;~ '*ae UJ ro .- -l_> 0.. .- C u~Q) z~e o::~Z c....i=~ Qj -a :J U C '" .... C Q) E C e 'S: C <V .... 'Vi C e .... -a Q) .... e Ol Q) .... C '3 VI .... c... Q) v C o v Ol C 'c C ..!!! 0. Q) ::n ro C 'm .... VI :J V'l 2:- '" :J Q) .g ~ Q).!: '" '" .... .... C v Q) Q) E 'e C c... e ~ Qj 'S: ..!l -a C ro :J Q) C u ,'" 'm C ..c t; V) .... :J .... 15 '" C V'l <V Q) '" E ..!!! :J Q) .~ G ~ ~ Q) III ~-e~ 4- :J Q) O..!l .0 0'" ~ ro-a~ $ 2 E ~ ~ ~ :;l -.5 'S: _Q) .... C .cLU e.~ C1i .~ Q} ~ '" .!: III Q) .... .... 7;; ,!::2 g. +-'.~ U ~ ~ ~ E :J .... ~~~ Q) Q) l'IJ ro..!lE 0l2:-... Q) C Q) V'l 0 -:u 1!()~ I-COl '" ... C <V E C e 'S: C Q) C .~ ... '" OJ -a <V c... -a C ro C o 'p ro .~ C ro Ol ... o OJ .... 'Vi OJ v C o -t l'IJ p- '" .... 0. OJ V C o v Ol C :;;::: ... n:I 0. -a OJ ... l'IJ .c V'l -a VleQ.i OJ ro C -5OlC .-t:: C co ~ .~ -5 15 ~ W .... .!: .;:: C"'O: Q) I):: C EOlQ) ~ ,f: ~ ot\.? Ci.oQ) E ~-.5 -a ~ ,f: C4-.!: ro 0 ... -a ~ '3 C..!l .... l'IJ l'IJ l'IJ "P o..~ Q)l'IJ..!l $ v ro VI.!: ~ E .c :J l'IJ '" t;;Q)1):: co '- ::: c...t;; ~ '022 .... C Q) C .- lr.... Q) Q) $ E ~ 0 ~ .f: c;;: Cl'lJ-a 1-08 c~(i:: Q) ~ -aZ..!l C ro ... l'IJ C l'IJ COlQ) o C C '';::; ':;:" ~ ~ Q) .- ....., > -::0 e 6 ~ a..vv '" .... -2 Ol C ~ l'IJ c... Q) V l'IJ 't: :J VI 4- o .... C Q) E c... o Qj > Q) -a Q) 0: o .... '" C o 'p v Q) C C o u ro :J '" .;;: .!: .... '3 '" .... C OJ E C e 'S: C Q) e :J .... ro C '" ro Q) E :.e Q) C ... Q) C E Olro .~ ~ ro :J ~ ~ u C ... 3Q).2 c8 -.5 Ol .... C -g :J :E o ~ E '+= Ol = "'0 ::J ~ C e ~ ro.!::.a ~ ......, ro c!:.c l'IJ OJ Q) +:i V') L- ev ~ ~ 30.Q) -a >. <i; ~~-.5 2 .~ -a '" 0 c ~ +-' ro -a ,!:2 Ol Q) .!: C t;J Q) .~ 'g ~ E ~ E 3 ~ II g ,~ ~ ll: > ro n:I E :; 4-_.Q)_' <i;..!l > c:g 0:: ~ $ ~..!l'O ~ <i; >. \.? > ... QJ 0:: .~ .!: C l'IJ ... Q) > C ~ l'IJ o\.?-a OJ ... C Ol Q) ro ..2$.c ~-2~ .... ro .... :.a ro .!: .!: VI I):: E l'IJ ~ .... VI C l'IJ .... :J ..!l ~ z < :E c: o ~ z :J o u j .3 ru 0: :"J -' z <( --' lL 0:: LU t- V) <( 2; t; LU O. 0:: "- T 1= :::> o v; <( --' ~~ 3~ t-:< """"""'"' """""""" Zg <.. -',. "-< a::'" ~ V, <<:: 2: .-- u "-' Vl ~ r-- "- z ~ ill ~ 0 v') LL! :'5 -! L!J ~ UJ => Vl l-- ::J u 0 :::J Z ~ <C .~ "- -! ~ z "" ~ o Z; z 3 o u 01 C '~ ~ g ~ ..e..e 1;~ ....,:,t; C ro o E '" >- 1ij..c 0.] 1! .!:: .... E C '- ..c2 :~ QI $-0 C QI $:: 0:-= ..c $ "'-0 '" C :J:( ra :::l ..... ra o ~ .~ ~ o C 010 QI V ttl 0 v~ '" ra ,g ~ ra '" > QI QI 01 ..c ra .... 0.. -0 :ii ai ~ -5o-oE '- ..c C ra ra-ora..... Qlc:-=l! alro20l '-, C' ~ ,~ .9:! 0 QI v. 0.. '';;; ~ .... ~ __0, E.E2 ra ._ V @ ~.!:: ~ ~ (; :0 :2 '" 'c 4'--o:::le:::l alQI 0 x.9:! -0 .t:: ~ .- ra 2EQlE'" u:=.~ (lJ 0 C O\C.......... :2 .~ ~ 0 -0 :J- ..~~ o :::l -0 '" _ vtJccra ....rara8t: ~E~-g:2~ >-roO:::l>- oE018:-= 0.....0 OlE E -g.; .~ ~ QI=QlVI~ oalttli5:::lE ....vai:::c -olE'- -0 QI 0 '" Vi c ~ ......... ~ OJ ro QI C :::l ;g ",' 1-Q)""C......w al E c c E V']o..n:s~o :::lo-J:::l..c -0 ai Vi ra c C > :J:( t;; $ 5~:::l~'s me - C ,- QI ..Q 3 ~ C 2 vi'-:E Qlt:QI.g~$ , -0 0 :> ra QI .!!:! tJ ,- 0.. i:: C -0 > .;:: :::lO"QI:02'-.... OlocoEvcQI.~ ,SQlco_'c-o ,:,t;-:Eov-ro~. (; QI '0. ra .~ 0: .- >- $ttl~,!::",,""8:t: QlQIQI-oro::2:o~ E ti ..c QI -:E t: ii e ~-o....ttl~QI,-o.. ~co~~.E:~~ raro4'-v'-Ec'- QI QI '" QI t;; 0 QI :::l :2 .~ .g ..0:0 '-0.. ~ ttl > .~- ...... c e~$=s;-g~:::lOl 0.. V QI :> ro .- 0 ~;;; O~Ct:vi'~VlQl ....OCQI....>1!> -oll'):;E~0""'';;; ~2:-:::l o..E .-0 ~ c2al..Qcal:ii't; .& rtJ 1- ~ e V) !... .- .!:: .~ :.Q QI ':;; ~ ~ ~ ,~ 6 i5 ~ ~ ~ 0: "S Co.$~..c.Q~.p .!2a.......QJ~~QJrt'i ':ro~~ro~1-o QI QI .... QI :J:( V ~ ..... ~-5~ro~~~ro ~ '0 '0. :::l -0 -0 .... '-g ....cSfCC,SQI ..cCQI rara......... ....QlVCQlaiCO i5 E .- ,2 v ..... QI 0.. Vlo..E=lEovQl _ra 0 0 E 0 ..c ,~-:E -c ~-o .~ ~ 0 '<t ;g ,!!! ra ~ ,:,t;QI~ o..t:CQI .= -0 C -g E QI .2 :t: Erara~:2ttl~ ~2~~b~.2.t:i I-- 0... LU U Z o U I- Z LU ~ 0... o --I UJ > LJ..J o .... '" QI '- $ Q) ClI ttl ..c Q) .... '- 0101 C-O ..Q 0 ra:t: >-ra ra Vi 1~'" ~ QI C C '- 8 w !... QJ ro ro W u .... ClI QI QI 'ro ';:: ~ > ro g .;;; b.. ~ -U F ~ .= .... Q:; 0: Q:; 1!QlNG QlQ:;al....c> :2 .... ~ ~ :0 ~..c > -0 C QI ';:: ~ QI 0 0..'[: ~""o: ~8 ~.~ ,2: v '" ra ~ ,S C ~ ..,c; ,.., -;::: ._ '- .... ra ,_ 'Y 'Y ~ '-' ~ ..J:"'Oc..c~"""~QJl.....:JQJ:::l QI.... Q) V '" C QI~..e O..c 0.. -:E ca E ~~ ~ ~~ G~ ....E-o >- C1! 0.. '" Q) .~.ra 01 == 0 C ..0 QI..Q QI 0.."0 V c:O"" e ~ -0 -:E ~ :.e -0 ro:ii '';;; .;;; ~ ..... ra 2 C QI ~ :ii ,S :::l .~ CS E ~ ~ co-oE ",o..Qlo..C$ra ClI Qi QI ra ~ 5. $ QJ ra _,~ ~ QJ ~ .2: t: QJ ~ E QI ..c v 0..0: ttl ra ra ~~~<::(1! ~ V'] c C 'E Q) U 0 +-' >-..::i. t ~ ,~ ~ .g 0.. ~ 1! ':;; ~ E ro 2 ClI .g ~ 2 -0 ~ ~ .!!:! .2 QI ~ -g g. C QI C C C C ~ tJ Q:; 0 ra '- :::l ..c ,!!:! ro QI ,- C ClI ..c ~ QI ..e o ...., <5 .~ 0..::; B c: ...... ';:: :t= V\ ..0 -0 :0 0 ro '- C QJ' co '" Q) c-:E :::l-o-:E &.8:; 0 QI:.e e CO:J Q..<U VI o..-o,p......-:5 c ~t;;~",g-~OC:::lOl.....:::l ro QI , ~ v $ QI ra ..... cot: C $ -:E :::l "'..c..c ~ 1! .;;; QJ 0 QJaJ1-......""C......-\U+-'bOlD. ..c..c 0 ra C ra :-= .2: C '- -0 0.. I-....C~~O"$O: VQJO ~ .~ ~cl+-V'} c-.;-2 QI 'N .2 0 ~ ~ al ~ QI ,- ra ..c~~~~~~~tt2i~~~ .~ ~ ~ ~ ~ :~ ~ 'K ~ ~ ~ ~ 1ij ro",QI ~ox.~oo..QI.....oc ~ al:E'~~ '-c C ot: 0',;;; 0 ro 'c :> .... :-= 0...- 0 QI QJ QI ro ''8 '" ro :> C $ QI C ~ E '-0 ~ ~ :::l Vi 5. 0.. ~ 8 -0 CS .2 r:: ro , QI ~ .p QI E E.,;;;-o c-uttl (;~:ii2 ~ ieE- rov 8 t) "S ~ QI t: 0.. = ,- 0 .... 0 v _"'OQJ..co~'~~E"'vC a; ro V1 U VI t- ~ ~ r1 ~ e ~ c'5. E1 g 5. 2 ~ Qj fC -;;; ,C_ ~ 0.. ~ ,~ C ro 'OJ E ';;; C .... - 'Y ~ ro '" 01 ~ E ~ ~ ,g ~ i -g;g Vi '~ ~ ~ ':i1 -:E 2 ro .:: (ij U C E .E QJ C ,- 01"0 coo ~ co, ~ ~ ,2 :2 .!:: QI .~ .- ...."0 V ~ '0. E C 0.. ~ 2; -0 > ~ S ~ ~ !; :5 ~ E E Olc'" "3 a. ~ '~ ~ .:: ~ ..c C ~ 1! QI C ';:: .:.9:! ,1: QJ (IJ \J 1: tiJ .~ +-' ro e ~ ~ :c Q1 ~ t;; g '" 0 ai ,:,t; ,S ~ ':;; .... ~ $ 'OJ 0.. ro ,- QJ C .... :::l '" V C ro :::l C 'c E ::2: ~ '-5 QI 0 I- '" QJ Ol.~ 0 QJ 0 QI C ;g -:E ~ QJ 8 ~ '" ,~ ..c '.;:; E v ..c 2-0 c"iii-:E v 5.:0 QJ> ~ ro..c .... ro C O'OJ roo: :::l 01>-01 '0 -g ';' QI ~ E tJ Vl E 0.."0 ClI .t:: :::l !II E 010 _~ -0,_ .g ~ -0 ~ -0 ~ t: ro e _ '" C '" C = .- .-!: ..c ~ Eo:-= al,~ -0 ro.... ro 0..'0 0...... rooc":::'-Vl"Ou)'cVlEQlCS] ~ ~ ..c 'ro = Q) ~ 0 EQJ ~ .;;; '" ..c .... 01 ~ vQJ .....QJ ro ..c '<t ro C ro .!:: ;; ... '- t) .... t: ...!... 0.. 0. -g QI -g ,~ >-.... 01 <::( '- ,S &. lI')' ..Q - ro ~ ro"E ~ "'0 C ~ >..~ 6 ~ ~ c ~ ~ 0 QI QJ 01 ro .- ro co ,:,t; QJ ~ 0 ~ C 0 -g g '~ ~ 1: $ v '- -0 QJ '';;; t;; ~ v :::l',OJ_ E cQJ 0 QJ~ 0 QI v~..e:::l QI ClJ tn Q) ~ ~~ A, ~-S-5 au ~~ ~ &..s &. ~ ~ ~ ~ C .~ .~ ~ ~ .~ ~ C QJ ro '0 E t) V1 +-" >.. '- 5. aJ..QQJe E C $ o..-:E Q) roOlQlE....Ol v ';;; ..c QJ C C llJQJ""bQJ~ ..c 0 0 x E '" -+-' +-" .- Q) .~ caViaJEo.c QI ro VI ro E ,- > ~ :::l QJ 0 Q) Qj ~ .~ -g ~ t t.nuc_=~ ._ .:;; QI ~ $ ro $ Q:; :2 ,- ~ -5 Q) V) V'l ..J::. ,~-o~$...:ii C '" QJ 01..0 WCtsVl.'t::C"- -:S .- ~ VI ....., ::J vi ..... 2 -0 QJ :::l ,~ :J:( ~~]-:E1E~ cE-oe"O~~ ,g -0 1ij -0 :ii -5' ,2 o ~ QJ C In co -::0 0..001QJ8....w c .s= "'0 E .~ u b ,-u...Q:!dJcQJQ) Qlc$..cQJ<<='- -5n:ot:V'I~-o :::lQlCO-o-oC o'-,:,t;cccro '" 8 v QJ ro IV ~ "0 ro..c"''''ClI c~;:::I--g:::lO ro C $ . 0 O-..c "iiiQJ",iilOlE~ .p E QI 0 >- ::l .!!! cg..!::cc.:!::_t: ~ - a; ro ,!!! ~ QJ QI~:2~~~~ F~~o~8~ O"..J \.I- C ~ ,!!! a; ~ ~ ~~~~~.g :> ..Q QJ.... q:: ro t) 0.. '" QJ -0 ,- v ..cE:::l~"S~..Q o QJe ~1 o.."iii 4,:-OQJI'tiV')Vl,+:; >-....Ol:::l"'QJc ,t:: -0 C 0" ro -:E QJ C Q) ro '" QI .... .a~"-cro~8. '- - -0 0 ,- o~QJ=~EQJ 0.. QI E ,- .- '- ..c 0.."':::lEc21- oO"''<t1ijQ)E a::-5 ~r-o..~ "0 01 QJ -0 QJ :-= 2i ';; ,~ -:E 1ij ..c $ 01 0-0 tn"""+-"VI C 0.2 $ QJE 8..Q QJvo~..coQJ +-' C..J::. QJ.'t::,+-.s=. 'Vi ';;; V1 ~ 3: ....., +-oJ ~~ :JV'l~Qj '-:J~u~ro> QJ.......c"':::l 0 2;o~c.....E", xC-oo ,QJ QJ ,- . = x >- '" ..c E al :-= ,- a; .;: ~ ro ,~ E E ~ 0 ..e '0 C ~ al ,~ .~ 'O.t):J:(eE~E Q)Q)"O",:::l..ClI u'+- c.~ Vllij...c g ~ (IJ _ ~ :J .fJ V ro -0 ro "0 '0. -g .... :::l 0 ~ C Q) ro cSfovrov.... QlE O1"'QJCC C ....OlOQJ 0.. ,Q -0 C C v E o=CQJro-o ai'E- ro. E ~ ~ g. > Olo..:::l Q)- QJ'<tcoo"O~ -0 r- 'l;:j di -a 'Vi Q) QJ-o:::l>-C-O ..ccOQJ::Jo..... I-ro..c-o..cvo c."- ClI roO>- ..0 ...0......0 ;:::g'::;@-o $:;ZQl~2 ~ ro 0 0 ~ 60..E~ -o"O...:..c"E =~QJ+-"O .E~~.!::8 u QJ i- QJ ~2-o1!..c :f t; .~ b 0.."0 aJ ..c .~ E ~ .;:: ~ 6 roQl,SQ).OJ ~ :=G ~ B 2 ..c't:..cQ).... ::: ~ .21 ~ V1 o Y' QI - C >--:Eo~O .~ 0 -+-' = U '- ..0 0..'- -0 ,2...c:::l$:iiVi tIJ.J-I4-V1 QJ E .~ ~ ~ ~ 0. Q) V1 .f-I :J 'Vi 'u ..cQJ..ctJQlC ~ :; .~ ::J "'0 1- o+-"QJ~L-Q. .9:! ~ ~ ~ 11 ,~ ~~~Q1+-'V"l '" c~ F -g ~ ~ 0 -- ro QJ :Jt:;~viaJ> .~ ,~ 8. ~ @"'~ ..cOQl-O-O..c ~+-'..cQJc~ ra dJ +-' C ra 0. ~ ~ fi ,!!:! a; E i= -:E .~ (; -:E 8 ~ ~ ~ ~ ~ [ 3: ~ 0 :::l ~a;0l ..... > C o QI 0 >- "0 E .~ ~ ro U 0.. >- QJ E ~ -:Ero..c o v 'OJ .... 0 ro .........0.. V..cE .g; u 0 ..0 ro v :::l e -0 '" 0.. C QI 0.. IV ..0 ro QJ -0 v $ 2 ~ '" ro '" .... C ~ -0 ~ '0' 0 (L '- 0 0 o..Vc ro ra 0 :::l QI 'OJ :25~ > '" :::l .- C ~ -g QJ 'u 0--- ..... .... '" o '" VI .... '" OJ C QI U E e ~ o..o..c ~ ,t:: :0 > ~..2 QJ QJ U o 0.. ,!:: ~ Z~ <:0 --'> 0..< cr:" LU f- Vl ~ ~ f- U LU 3 cr: Cl.. i= ::> o Vl < -J ~ ::> f- ~ -J ~ ro c:: '" --' z -< ::< '" o ~ z ::; -' o u Vl L!J ---1 0.. U Z 0:: 0.. Z \.9 Vl L!J o ro '- QI .~ > ..c 0 .... QI c..c .... "0 QI QI C \j:;\j:; .~ OJ C"O QI 0- "0 _ .- QI :D..c o..B 'u >- c= '>:: E O-ro QI'+- ..c.E:! I- I'll l1i ~ .~ Vl '" QI QI..c ..c .... ...."0 '- C .8 I'll .... '" C .... QI C E 2 0-"'3 o '" Qj 5 ~ U "0 C QI QI :2 ~ ::::s .... OlQl 0-.0 Qj~ ..c ._ ~~ ..c Q) .... E :D"O OlC>. QI I'll .... iii ~ :v .P .2 0- '" '" e 'Q~O- V't u i:i c .~ ::::s .2 "0 0 .f-J vi' Vl !9~ro c......,= ~ ~ 1 Q) I'll ::::s a. -5 I- ~.E:!1 .... 0-.... ~ "P '- ~s.J2 .2E~ I'll '+- 0 QI 0 $ ro5QJ '" 0 E 2 $ ~ .Q- ~ ~ ~Ola; .>:: 1.:: E O-QlO- ~E.Q ._ ::::s QI '" u > .QI 0 QI 0-0"0 ~ ~ 2 Q) c a! .0 I 1 ..>:: ~'e '" ~.:E -g ';; ..c oa.E!.Q~ro1.:: -g "OC1lroQl ",'._ C1l. co~>~~"O "'>- ro....u~rn~Q) t~ ~~V't ~~~ ~ro roE.~~ro~,- ro~ ~QI~QlCQlO $g Vl 0.. 5 ~ -S a: ~ 2- ",- a. ~~a.E~~~8 tB LlJ'(O E I'll B en ~ .S '.. c ,'" I-'-OQ) CNQI , CQI ....u-~-ro~ ::::s-o Vl '" - a. 0'- -0 - ~ '- .- r I'll C1l '';:; ::::s 0.= '- ..!:2 Vl..c~"'3$~cj QI QI.8= ~~E~E~"'..c-g -S ~$~ >-1- '" U Ol-S QI '- ~.t: I'll en ~!J 1..f' ~ .Q ..c _"'~C~ U::::Sro>",c I'll ol-cu-.... QI ._ '" I'll ~ a. > >-.- a. _ QI I'll QI Z'';:; C1l .... E a. ~ . - ltI "0 '" - ',- ......c .::::S 0 N LlJ~:D~QI"'~~~$cE~~roen~t:B= QlUen....cro..>::QI..c\j:;QI-Ql~::::s~O...."'~ ~EltIQI"'Qltu~....>-~~"o>eoa.~=::::s <{ <( ~ E ~~ g- ~ 8. a. [~ ~-5 ~ ~ -S a. g- @ Jg B ~. z .... 'Vi - ra C ltI a..... ltIC Qlo..c t;.g QI ,iiiQj~ roltl..c~..c~t 5 E';;~.S;"O 0 C .- E! .... QI co2- I'll enC....Vlro.....- VI OJ - "Vi ~ '- VI ra I'll '- C1l c ~I-.v; QI ..c ~ E I'll ~ "0 2:'-..c >-.~ b Ctti~ ......0 C1l::::scE '-:JUV')=O ~';:~~$Vl~e e ..g 2 E -3 "0 ;:; '+-E Vla.c~rot~:OQl ~:g vi z..c..!!! ~ c 0 Q)'V; ~-g = $::::S g; Q) o !J a.Vl'~:D 13 ~ ~::::s B ~ -3,g ~ :~ _ 000 QI'- C1l'+- '- e..c ,-I- "'::::s c I-Vl"': '-''5 Q) C1l QI..c.... E! Q)..!!! a.,a U C1l >- C "0 Vl C > .... ::::s ::::s..c.- 0 '- LlJ = .t: 0 C QI '0 QI 0 C 0 ~ .... $ ... 0 $ C._ ltI..c ~ E 0 Vl - .....>:: Q) 0- z~a~....l-tC1l ~C1lEro::::s::::so- Z::::S'-Ql'- .ot2ro=ocl-co I- 0 C 0 -S a.. Q) a. ~ $u.2 . ~ ..c o QI a.c 2-'- Q)"O o_~ Q)"'O C U U ~ g- 8 ~ g -5 3 ~.~ ~ -S t! ~ 8 s; Vl I- C U o~ c:c en.~ -5 Q)..c ... .:;: I- >- C "0.- U U Q) QI ..c QJ:.cQJI-..cCClo-. ....cu ~..>::.~ t{l $2 I'll o~... Hil: o C1l:o..c1- c ","~ 0 E > 1l --0 "'I'll ro-"O....o> :D- t.9 .;..... vi ~ ro Q) (; c Q) "0 ~ ::::s Z.t: :D.~ - E..c..c QI !J E! .=,g . l-:=c~~=:u.occU",2 A" .0 .- 0 C1l Q) C -0 'E- Q) QI .... .0 -...t",. co: !.... -a ._ ...... ...... ro _ VI Q) U ro: UJ..>::oc....QlC1lE::::s' Qlc'>::..>:: CCro t g ~ ~ t 0 o~ c..ra t;-ro US~.oC1l.8'6.;:-5iro~(;'6$ vi '- iii' .8 C $-'"'" ~~2~tJ ltI 0 C1l 0 Q) ..c E en.,;:; ~ C-l1~gro ,-->-::::sQ) C1J+JJ...4-:Q a...c .... Q) I'll ega;.o (; a...c '+- c E ..cenOro ... ....:c"'UQI C ::::s ...."'E 0 Vl 0 o.S ~~ QI u'';: >- Vl ... 0 .~ ~ . ..c "'.- ~ Q) .-. ra >- a. $ C .c "".... Q)..c Q)..c -.....!.... ':: .t:: 01-' QJ co "- rtJ V't U o.....c +-or ::>$ c C.... 'QlQlC1l'-C1l....'- ::> ~ a C1l ~,g g- ro -0 'u ~ QI .8 ~ UJ::::s '- t QI 0 '- QI QI $ QI E:c u 1-:1- 0 0 ",.0 a.", C O..c 0 u QI <( QI 0- a. QI E QI QI \j:; = .... U ,-'0' \:J ~ g-.~ ~ ~-5 ~ ~ ~.S 1: 8. a. z <: ::E a: o ~ z ::; o u ~ ~ ~ 3 z -< -1 0- N' LU r- VI -< :2 r- u l1J (3 "" 0- J: ~ o VI :s ~~ S~ f-" ~ QJ QJ V> -0 .~ ~~ ro:c &-0 ro c -0 ro ~:Q E E 8 ~ u 0 ro;;: o 0 ... V> €.~ QJ ::I 0.>. 0= o..E QJ~ ro ...!... Ol'=: QJ ::I V"l E QJ-o -5 c ro ~ E ~ I .2:! Ol c Vi "-- o .~ E VI u.J I- Z ~ I- 0:: o Cl.. Cl.. o \.:J Z VI ~ o I 5: .Q ro V> -0 C ro E QJ -0 ... QJ ~ ro E ro -0 QJ c-o ro ::I ~U .~ .f: . f: -0 ro- c:: ~ ... u ~QJai Ol ;~ o c V> ... ro QJ V>.....c 5: V> ... QJ :c V> .;;; t- e c vi u o ... tV "..::; C ~ ro QJ .t:: u E c o C ::I -;'eo ..c .- 0 0.2~ ~ QJ 0l0l0l o C .f: 0.'- - o ~ 19 ... 0 0 QJ ..c ... ~ b ~ 2: >. ::I lJ~tJ ~.~ g t->v> ~ g ~. Z Ll.J Vl 0::: I I i.9 I Dl '" c -;; ~ -55 v >- C .:::i:. E-2'~~~ ~~~~E .Q'l 0 == QJ a. Q1 a. +-' c 0 ..c o.o"Vj"Q) 5~E~~ ~..c VI Q.I ""0 ~"""~ro-c ~~3~u cncuVl.2; '- :J 2 Q.I e ~ t11 ~ -5 0.. QJ n; QJ ...... OJ ~ VI VI o.s:: BLii=~~ VI ~..c Q1 0 ","UE'E~ ~ ~..c ~ ~ :Jt=.E~t; ti QJ VI > '- :J .... ~ QJ QJ '- L .- 'U t:: Vl.E@~~ ~ 'c :J Dl en..!: wE c ~ V) n. :J '03:cEo :J c: :J ro:..c ].g~@~ '::~7'o:J E ~:Qu..] ~cE~-o ..c-.E~S ~.Eri;:o~ i~]~i~~ ~~r~~~~ ~B~~'~~~ -~c;~6)1 CC~rocrou..,..... I cl'Orn~~ O~~-oS:Q~ ELOE~~ ~Vl.E gB 8-8 .~ ~ -g a15 u :1 s -0 oS 0 ~ g l1J 1: -2~-E~ .Ql ~ ~2-E 11ii~!~~ ~"*~~QJv,-~QJ Ll.J,,",~~~0:E15 V1oo..Q~+-,~QJ _+-'~>.o"O~-f3 CC:--gE.g~-;B >~~~~~-5c >tJai1!~~~~ 02Lg-g~~~ --1V;..EVitl;i..oSI'O .......,.,. ZQ <~ --'>- 0..< ",," UJ l- V> < 2 .. u UJ o "" "- I ~ o V"l < --' ~ => l- '-< ::J is ~ "- '" -' z < :2 '" o Z; Z ::J <5 u VI W I- Z ::J I- 0:: o 0... 0... o .....J ;:s UJ 0:: ..; .B en ~Qj >-c ltl.cQl2]: Eb.cCO QI '+- .... QI .c .coOlEV'> +J V) .~ ~ Qj .8~-gEt: cEE:o~ .- aJ t: U c ~-o:::sQlltl EQJ~ro-e ltloSo'lij:J COlC.cltl ~.~=E~~_vi ltl~'~~-Sti '2-o~g.~'E ~~:g a.oS:6 <Vi v; QI u ..':!! Q. .... QI ~ ltl E QI ~ QI ~ -0 QI ~ .c .... c .... QI '+- t: ~ 0 OJ ~ ~ +-' t:-o~EltlE: :::S~QI.c~QI UOOl:~ > ..;.c-03:ltlo QI~c3:~E ~'l'~e]:2 E~:;Olrn:::S QI B .!:r 0 :.0 ~ ...c V) c ......:::: ;::. .... c~ c~-g E~o:orJltl e 0 C tU 'r QJ ~01.2Q1~~ crot~"-o. ro,,-QJ...c~V) E.8-;:~.23~ QI V'> U 3: 0 -0 :0 ltl V'>' ~ E Bc.cQlo-oa:; Vl ro .~ .~ .~ QJ .!::2 QlE32::O~3 ~~Qj~~>-Qj "- QI t: -0 ltlE .c :~:;~Cvl '0 V)+J f'O-g~~ ltl,2 ~-o ltl~.'6 'm -0 ..':!! 0 E Om QI ~ ~ .:; & ~ ~ oS V'> "- QI V'> :::s 'm .... ~ QI .... ltl -0 o E E o U U ltl -0 C ltl .... U ~ .... .... ltl o .... V'l QI +J 'c :::s t o Q. Q. o ~ I1J QI Qj .c f-'- N o QI .... >- ...... c'+J '+-~-g~~ ~ l! 'x:; CI-OQlu o ~G::V'1 <( -0 QI QI .- c V) ...c ~ "';32:J:;;.c~ * co .!::2 I1J ::: ro -'+-oS.cQlli ro:O,-~Vl"'" EQlo....:::sQl QJC4-Qj-o~ -.5q~g.~E o~~o-c...... '::; ~ -5 .~ ~ :u ~t;QI.co3: _ :::s C .... V'> .c ~ ':;; 0 -g ~ t ~ .~ %' ~ ~ ~ V'>V'>o-QlQI ltl:::SQlltl.c-.5 -o.nc....c ltl c >-.2 tI .... :52 ro 01 QI .... ~ltlE~Eg ~ z '" OJ "'UQ}.c= g.c~~ 0'1'::: ~ ~ "U 0 V1 ..c: ~ ~ [~ = U QJ QJ roU~= ~ ~ B ~ Z'~ ~~ n;1-..!S!~ uvi=-ra OJ-o'::E ~ g ro Vl Q1-E~-g "U 0 QJ ro: ~~-E~ c 0'1 1- 0 .;: Qj .8 t1 '" <: :;: 01 {icno2 ~=6~~ ~ 5 ~ ~ ~gb~ yg~~c ~"'Uoor; ra ;; ~ e 2Q:;VlO'l (O'V'I_l'tl t~~~ B3~-5 ~ QJ E E 'c-E~B e-g~~ o f'tI )... +-' ~~~~ o VI -.:;: a. Q) ::J'1J @ vi I~l~ ~l ~ a.~=:J~ ~ QJ ..c ::>.. rn V)..c+-'+-"Q} l:)Q1;::oQ:ic <{~ 8.~ e~ -lOa. t: 0.=0 ~-g~~~5 >~~~~~ --1Qj~-e~~ ~-.e~:;g~ I-ge(~~~ UJCJvvC> o::t=~~.g~ -0 <: '" Oi o .r:; ;;; .., <: ~ ~ ~ ~ ~u '" <: ~-e 0l:J .S ro ~~ 0.."'" g-~ '" OJ ~ .r:; o ... OJ E ~e ro~ ~ III ro,t: .~ ~ "'J:: C ... o 0 u ... :E ~ :;J :;: o OJ u ... 2 ~ Vi '" III '" J:: '" ... OJ ~ > o ~ -0 e: ~ ~ {3~ g ";: 1lI-o J:: <: ... '" <: '" o OJ ~:3 '" '" = <: > 0 .., e ~ ~ u <( ~ z < ~ o 1:; z ::; o u u --' 3 "' c;: 5 z <( --' Q. '" UJ !- v; <( :2 !- U UJ <3 0:: Q. -r f= :::> o v; :'5 ~'" ~N s~ !->' """"""" '0 w :::> z f- Z o u ........ V) u.J f- Z :::> f- c:c: o 0... 0... o -l ~ ill 0:: '" <" c ~ ~ C 01 01 "0 u ~a= 0:0 >:. .s:: - a... eI ..a 88.00 ~~ ~~De: Q) Q.I 0.. >.. +-' U -gro: .;j"QJ"c'- uW ~~E'~~ ~.=E- zw~ l1.IQ)::Jo~"""':;:; ~~~=g~'~~t; I:)~~:;;~~&~ '" ~ VI VI e ~ .Q?l 01 lEE a _. v 0 c t;5 5~ =~~ E:JR<1J~c:2~21 roCQO~Ol.Q~OC -g~6i~~NB~~ ~c:cro~~co.:aa ii:~~~~~~~~tg - ~ ., ~ .. e' .!!! '" 01 B 0- ~d}~ ~ '-'-Vl n:J aBQ.I~U E ~~ ~:Q -~~8~6 '" '" c:~cu e B'~ ::J Vl QI ~ ~~ 01 ~ 01 0:00: w o ::J -1 U Z '" ., ~ ~ ~ ~.E ro 0 -o~g.V11.9 Vi ~go..c~:i ~ ~oCJVi~~:; eo ::i1 B~ g~~ >.Cl1 ~> V1~ g"E:S~ ~ ~-*~ ::> 032 &..2 ro E ~ 3: u l:O>VlU::C"'<(~~ :b E ~ ::J :2: { '0 .. :-::J-' - ~~-. .." <> ~;.~./~ '~:-.2 ,,::~] --::c,;; .~-;; :e - "-11 -~ .~- ~,,-8: : 0.- i:.I :::g:~-' )i .;:: U." o " -' .. E i!! .,- 0> ~ " ;;; i1 e: ::J ., 2: ;0 E e: ., 0. ., c:: ~ z 01 Q.I-E -E 9 .E ~ ~"O EO (0 ~ <" 0- QI 0 ~ 0- Vl '" -l -5-5 -1 0 ~ ooE c::c: N >. o ~ ~ c '" t;: ;;~~ ---1 ~~~ 0: <" ~ ~ ~ ~ UJI-5~O C::C:V)o~g> >-:Ict;o <(1-.gB~ 30u>.<" 01<"= UJO~c:O I-: N ~ ;l :~ <(V)~8.~ t.9 cO F= g- E o c::c: <( ~.: I ~3 ~~ -b ~ .... '3lEc E 0 01 ~ "0 E o c c .... '" 0 '" <" ~ ~~~~ ro~w~ ~ .~ j -e :g~-Er-: rtf~]~ :J.s:: N 1-~.l.O\'" U~3.Qj ;:g _~E~..] o::=u+-'c 1--2'-iJCO V)~~~~~ O Q} QJ .- ~ -E ~ C Qj -1B~:Q% <(cCiIDra 1-Q1....~.s:: ~~~- UJ'O.QEOJ CC<t:ro~ ~ I s'~ v\ ~ ~ ~ &m~ ~ ti 0 ~ B :3 I>-j:!>.O- 1-<(5~~ o3aE~ o :::.:::: 0 0 c N c::c: <" &'0 1.f)<(~03 l:; a.. ~ -5 g .......c::c:.Ql~~ w-ro..EaJ ffil-~~-.5 I-Z1.Q~ Z Ll1'::: rtj Qj wu~m~ u :r: .g ~ 5 -.J~~5~ ~ o~~~ LU V)~~~ C::C:cQF=~@ li~] ~ E ~ f../)~~~ c::c: '" 0 :J UJ~~j! LI1 ~~ra :J.Q~~ 01 ~- ---1-EQJ~ <(E5.g .oS 1->''''-''' UJ~~:g~ c::c: 01 ~ <( '" ~-;Qj:S ~~.,,~.f <(g.~5~ u~~~~ I.f)~o o.E I ~5g.~ LU,-.;;c~ t.9<ii"'.Q::J o::g~c~ <(-z~~> -1~o@~ ~ z;; <(;; -'>- Cl.< c:'" lLl r V) <( ~ r u lLl o C!: Cl. T f:: ~ o Vl <( -' ~ ~ r u -' -' j'l c '" Cl: '" -' z < ::;0 '" o ~ z ::; c) u VI UJ I- Z ::> I- 0::: o 0.... 0.... o I- Z UJ ~ >- o .....J 0.... ~ UJ .....J <( Z o \.9 UJ 0::: ~ ... -0 'ji; 0 C ..... n:; ~ ~ Qj +JCJ> t:; ::J oc '" ro C ~ tJ QJ o.QJ~ E .:: I.? ro -0 QJ u -0 .... t'C c-;;:::; ro 0 Se-:::>. C 0 C ... $o.QJQj ro .:: ~ 0. u0~e "'roroo. .~ f-T C ~ ... ro 0 - :g~'~~ -gBg~ ';' C -;;; :~ 01'- ... - oE~g! "0 'x QJ ~ co2:u -5 0. I.? .E ~ ~ vi .~ 010:3-0 .f: U '';:; ..2:- OlinQ.2 Qj .~ 0 ... E'~ C ~ QJ ~.g.E .f: E ~ 01 ro 10- .!!! c: C 8.. 1: :E1 QJ '" III Iii ~ iii b '--" 10- a.. .~ 1l ~ QJ ~v;-~-S '" III 0 '" .!!:!:gEQj ~roE :9 o.C::l~ E .2 E ~ o ~ -0 '" U QJ C '" tObroUi CIll~:t: .g ~ ~ 0 ro C QJ E roBi'~ III Qj QJ """+-,""O..c C 0 C ..... -o~ro", Cliivl$ n:; '';:; ~ QJ Iii C ...!.. .;:: C III 0-0 .~ "v:) ~ ~ QJ ... ro n:; ... -g ~ E E o U U n:; :g ::l o U QJ ... Vi QJ ~ ... C o '" ro ~ ro '" ::l o Qj E ::l Z - Qj ~ 'c ~Iii '-0: o . $ ... ...::2: QJ ... OlCC C QJ QJ ",p 10- C o Z E 0. U 0 0... 2 So- ::l t: ~ ~ ~ .~ oe-o III .- C Olcro C 0 '- ~ :p ~ ro ~ c '- QJ liioU '+:i ~ c C C ro QJ ro .n o~:5 0. Iii ro C C := .2.2 ~ ~ ~::l ro'-l- 0. III III x~~ QJ ... ... z: '" ~ 0 ~ z: ::; <!I -0 U ~ U ... a. ~ VI ~ '0 c <!I U <!I '" 0 IE :s ~ .~ 0 ~ ~ <!I 01_ <!I 19 <!I .U E ... .E > U "> B u ~ ~ c c ~ ~ (;j (;j <!I ~ 0 <!I ~ U U 0 C <!I VI U E .~ '" ..... VI ... ~ "Cl ::> EO > <!I ~ Q) C :J <!I ., U C r.; ... ro <!I c 0 VI " C C ... '" u e u E ... u ~ C ~ r.; c c :2: Q) ~ s: ~ U <!I ~ :J -E (;j U Q) =0 -0 Iii ~ "> c '" c .;;; x r.; > ..r: .;;; Ii 0 Q) <!I <!I Q) Q) Q) 0 01 (;j :J '" u :2: c:: u: c:: a: I ~ :::; VI ct:J cr; Ll.J C o E ::>ClIg- --lu- UIE~ Z~~ _ ~c(S V'l .Q -B W ~ ~ VI {/')~ OJ] ~ ~ ~ ~ ~ <!I '" ;ggaJ 'u -5 ~~~ :u ~'C ~:;<E ~~~ Q) ~ en ~.E~ ~ uV)t: ug'~QJ1 0'1 ~ C "C:J :E ..c.U_ '+:; 0 ..c +-' c"" ra r-O -O~"'C$:..c~viviV) ;g~~g.~3]~tn~ :JOVl..cro~Ct~~ ~';:;~VlO~O:J_ ~-S~~~Qj~t;]E ~~:E~8-S~be-g ~~~~B~g~ero ~E! EQ..Vl-<:( 0 0 C n:~IUE~~~;O.g .,.... Q1 0 QJ >- U QJ ..... ....;- u ~!i~i~'~ ~~~ er3~.2~~~-Eni8 '5>'Olc:tO;;; VI QJ.... t: C ~..Q..Q eg 8.~ ~:.:-;-;:(l1.~ \1) vi" ro .!2 to a. 0 0 y. QJ > Q,I- 0.0 0 Vl'Z::; ~'U ] ~~~~ ~ [~ol OCl-.~:C:J,-Q}C~ ~ ~3~t-: E"1 ~.gro ~O~-~~O.;;~5--ci ""C ..c 2 U ..c V'I '- ~.~~~~~.~~~~~ EC"UO:J+-"?;5:: 0""" c: Q1 ~~~~~ ~ 5.~.f.f ~o=am~~~Et'iJE~ ~ w E ~ VI VI .~ ~ ~ E ~ V;-~Vi..c~ Qj o'+- V1'C_ ~.::-g+-:~"O+J~..E:JS Ero~~..cEcai::~~ B-E:;a:OE~E.2 c rot! o.~ t:! E ~ g.ro~ w tJ~~~~COEdi-drn[ ~E~v;-..c2e~::O.E:.2 ~~-s2gi.s~];g~ ra.o.2.2o~-St;.E~ o o N U Q) f2 > o z 2f z t; C -0 C ... -' c ... -e ::> ~ i'l ;;; i:l: .:3 z <:; 0:: , V> :J a. EO ro u Q) -E 01 C N C ... -e ? c ... 31 (;j ..r: V) Q) ~ ~- UJ l- V) -< :2: I- U UJ (3 0:: "- .. f= ::> o VI -< -' ~~ 5?i 1-'" == :2: Qj u ::; o ~ '" ... gg ~ ~ !~ '" ~,:, E ~~ C e o~ .... " w ~ .5 ~ 2 8 ~ ... j ~ 1: V') L.U V') ::> L.U z ....J u.J a:: o J: V') ;~ ~ l f i .. ~ '" ~ ~ ~ f { f (lI -:5 .~ OlW C > 0'- _ 0:: ro C t ~ (lI '- '::''-9 VI. (lI ..c..c +-' +-' o 01 ~ C VI.2 E ~ o (lI ~~ ~o (lIO .::: N 0:: C ~:s ~ .~ '-9+-, (lI C ..c (lI +-' E >.a. .0 0 "2Qi E aJ ~ 0 Vi o C '+- . 0 .~ -g .;:; (lI(lI~ .g-S ~ (lI ::l (lI E ~ ~ ~ (lI .S ~-5~ (lI C 0 V'l 0 ..c ~.f-IV) +-' (lI 01 Qj ~ c g- ~ '?: '-.cO a.+-'= ..cg..g '5 N (lI OVl-S Vlo>. ro+-'.o =-0 3:c"2 ~ (lI..... F..c~ (lI +-' ::l ..c (; 01 l- C ~ it ~ rr j! ~ ., ~ " " :::J -l ~;:: ~~ :2::2: a::Z UJO ~a:: 5~ UJ I- Vl o :2: V'l V'l .9:! C ::l I- Z UJ :2: Z o a:: > Z UJ a:: UJ > a:: UJ ~ :c ~ I-~z za::U UJ<{E UJ:2::' 5a::(lI I-UJaJ UJI-3: CCl <:( 0 .c <{ 5 " UJ "0 0:::: :c (lI <{ 1..9 ] UJ:cro - (lI .Lz.o I- _ ~ ~3 Z:2:0 UJ .;:: UJ+-' :2: :c ~ ZI-Ol o :2: .5: 0:::: C >02 a:: 01 Z LL c ' UJ I- '>., "2 I- UJ >: C uUJ~~ <{LLCOl Cl...o::lV'l :2: 0 ~ (lI ~......,~ 5 0 c.~ o Z ~ ~ -l <{ :::> ro +-' ..c 01 'Qj ..c C in CVl "0 (lI (jJ U x (lI +-' o C ~ I--l tj;:: u...z OUJ ~:2: OZ zO <{a:: 1-> UJZ wUJ LLI- OVl 0<( UJ z-l UJW wI 51- 1-\,9 UJZ co> <(<( UJI ~ ~ Z'! w a:: 0 .~ ~~~,g ..0::::-l0l I-w:)c ZI-\,9c UJ<(w2 :2:50::::0'1 C Z :c UJ '>., O\,9Vl>: 0:::: :) ~ >I03 ZZZ(lI UJ <( <( ..c I- W -l ~ :2: W'- U >"0 <( UJ (lI Cl...:cI-3: :2:I-U~ UJ ro :c~l-aJ \,900~ 0:::: 0::::- :Cu...D-<( ..; C (lI E C e .:; C (lI .... U ro a. E ..c g .c (lI ..c .... C .c .... .~ -0 (lI 3: o co (lI .0 ~ z"' :s~ ~< "," w f- V> < 2' l- v w cj a: Cl. ~ ::0 o VI < -' s ;<: ::0 f- L{ ::J ~ ;;; 0:: <ti -' z < ~ o ~ z =' o u z < ~ ::; ~ z ::; 5 v ~ = ~ - ,C;. ~ ~ - >. - "; = o o .... ....... =: ~ ~ = 0"" ~ OIl ~ ~ V1 ol""'l ..d ~ j B .~ "- .:3 z <; a:: c:; w r- V1 < :2; r- u w (3 c:: "- I r- ::J o V1 ..: --' ~g ~N S~ r-" = i- Z UJ ~ Z o 0:: > Z UJ -l <( cr::: ::> ~ z ~ :g -',. <L< ",," E: in <<: ~ I- U UJ ~ <L i= :::; o <.I) <<: -' ~ :::; I- u --' -' ~ ;;: '" -' z < ::E 5 o ~ z ={ o u ... .-;:---'" c co C!J C!J S '" .c '" , i2 c C!J ... ..a >- ~ 0 """""""" .c .c CO ~ OJ :e c z:s OJ ... +-' S -0 -0 <~ .c 0 .~ ro c 0:;: 0 .21 --',. ... ... 0 > ell a. '" "-'" E -0 -0 C E 0 OJ rci "," ... -0 '- ... -0 ~ 0 OJ Q) ::l OJ a. CO ~ ... ... C!J .c '- U CO ..a +-' -0 0 CO V) ..... C!J 'u '" ell ... ... Ou CO < OJ C ...- OJ '--0 -0 QJ .~ 2 en 0 c S OJ :g C '" C!J enc ... o..c c- O '" OJ C!J ell U Vl';:: U U CO '" ..A... LU ..a ~ .c OJ .E (3 C '" ... OJ a..... c -t ~ a. en .~ ~ X C '" '" CO OJ C!J "- CO ... U ~ C +-' C!J oc 0 ::l CO ro 0 >-Vl '" E c 1= +-' 5 ..a f"'I ro t.c '';: 0.= '" '- .~ .- 0 OJ ~ C!J ... oc M C!J ... 0 -0 C!J ... C!J >- OJ a. co "':-Qj:!2 c > 0 :!2 V) C!J ~ e:: Qj ... of'.. C!J > ::l < 0.= -0 .~ ~ '- .- ~ C!J en +-' o.Vl --' ell ell C C CO .c +-' -0 C ~ t= C!J OJ E Vl .c OJ ..... Vl C!J en OJ '- ~ CO ..... .c 0 .c ... ... '- 'x Vl ~ ell OJ ..... 5 0 ... c ... CO ~ > J:. \..? e ..... 0 0 -0 C!J l- e:: ... Vl 0 0 0 -0 U '" OJ a. CO C!J op f"'I ~ 4= r- '- -0 CO E C!J ...... c -.:; o..c U c U Vl r- --' CO ell ... ell E -.:; :Q OJ c ..... '- OJ 0 ..... ~ ~ 0 o C!J 0 .c ~ 0 0 C ::l ... ... \D U ?:i \..? E > t .c .c ..a ell X cr:: 6 C!J t U +-' c::: ..... C!J 0 CO 0 OJ -'<:: :0 Ll') .c .~ "' ... .c C!J 0.. c c ... 0 0 --' ... ~ ell E C!J >- C!J C!J C ... -0 ~ -0 .c ~ Qj .c ... 2- -g ~ ] c u .c 0 \..? ... ... ell ell C Vl U CO C -0 'Vi -0 C!J ~ ~ 0 <+= -0 C!J E 0 0 OJ ~ > Vl '- c .c 'x E .... 0 ell C C!J CO ... C!J U .c en U ..... D- .c ... -.:; ..... e :!2 E C!J ... C!J OJ 0 ell 0 oe ..... >- C!J 0 S C!J a. -'::2 0 0 ..a ..a 0 -. S C!J a. U :~ u ..... .l: en ell .c u a. -0 .~ U Vl 0 u ell ell ..... CO C!J c 5 C!J 'C ... CO '+- C 0 OJ 0 .c C!J r- eo c ..a 0 .c ... ... .c OJ c -.:; C!J Qj ~ c c ... -0 '- ..... :!2 0 0 E ..... C -0 0 '+- ::l ''':; .c ... .2: 0 0 'Vi 'p 0 OJ.E 0 ~ ~ ... >- C!J ''':; C ell 0.. _ .~ cr:: c CO '" '" t u 0 ~ ..a 2: c ell CO r- OJ C CO UJ U .~ Q) -0 ~ C!J C ''':; 0 ..... C!J OJ 0 0 Vl .c C!J 'Vi 0.. CO C!J CO ::l .c '€ .c .c ..... Vl -0 ... ..... 0 0 C!J OJ Vl ..a .jJ OJ C CO ... c 5 Ii c '- '- C!J a: Vl 0 C ..... 0 LU \..? u cr:: '- c --l ~ E 0 0 ..... D- U --l 4f. I I z r-- C!J B -oro U C!J-o c'-[-Q::lc CO.;3VlCOCO +-'-Q}l'O ~ 41a-S~~~ 5rn05>E C!J ell ... C!J''8 C!J -5 -0 ~ -5 .~ ~ o fiio.......o co ..... OO.L: <v::a~Q)+-'c :!2 OJ 0 E ~ C!J \of) 1... 0 0 '--""\ "'0 :;::coC;::VleC!J .L: -0 ~ '-- a. Cl o..fii=C!JOJo.. C!J-co>>o OJt;>e::C!J'- to 5 ,Vl c:C 0.. CO .i:;'OJuC!J >--0 ,-OJ ell.c ..oC!JOJ'-o..... -:Oo..\..?...Vl -o'-oC!J'-~ OJ C '- .c C!J .- ~ ..2QJa.+-,~~Oi C!J~~-goEo. -0 0 :::: CO 05 E e .~u::lC!J-o::lo.. >-.O-oC!JVlC!J -e 1;; ..c 'Vi +-' C ...c OJcoen=uo'" o..OJ::l:C[''':;o eC!JeOJE~'+- Z o...c .c .c .- '" -'<:: +-' +-' +-' OJ Vl ~ 0-5 B-o >-..o:c 0 -:::l'-c.D-.....t; 1-0Q)::l"'=vi"C!J U Vl .2:.E ~ 5 tJ c ::>~cr:: C!J '" '" CO OJ o o~ c ro c ~ 0.. ~ o -'<:: ~ Vl on; ~ E 0.. cc ~ .:5 ~ ~ :0 '0; ~ I-OJC!J~c-oQJOJ ZF-5:o8fii-5g- ~ cc o S l- LL! Z W U <( 0... Vl Z LL! 0... o C!J .c .L: +-' ~ ~.~ -0 OJ en-5 c.L: C .- CO ~ 0":; S -o:.a:s....+-' 2-ooCO u OJ o..;~ OJ .jJ 0....0 +-' ro :::J co e'u ~...c 0..~0-5i OJ"'OJ4= .D ell::6- OJ ell Q) .- .c 0.. en s.jJco.2 -oenuQ) c .c V) ~ ~.:;: E 5 ..... 0 CO 0 OJ'-OJC;:: 50..,-, C!JEtO-o '- 0 0 ::l .c ..... 0 ~.~ c:~ ellsOJ>- 0.. c en.D '+-OftJ~ o 'p C C!J CO ell 'n; C ~ .5 -0 en aj CO.D C -OE~~2 2 0 ::l CO ell rou+-,~..c 1- c tU U U C C'U:s.... C!J-oenc~ u OJ c CO .- C u -:;:.. en 0:: 8 fii ~ .5 a3 OJ.ccroC!J F~8~.:5 en -0 C C Vl CO >-.~ Vl = E -g(35~ CO '- 0 -':;oc-o ~ ~ ~.~ .cra..... -g OJ"'" 0 o<uEC to 5 c.~ ~ E OVi ro OJ CO > -gtO.Dra -:ocQj-o .- ell > C gEe:: ra ~:s....c-5i ra ~ C!J 4= .c 00::- C!J '- ... .:5.E .~ ~ '- en -:0 ~ ~ 05 o~ \..? 0 :!::: -gOJQ;E .c-5-5.!.. .cc.....co "'O::lot: 4=C!Jo.D Een-g1 ~ .2 ::l C!J ~ ~ e 0 "'5.L:'t co1::l- ~C;::C~ :i"OQ}+-, .DoQJ-o -~ 0 !.- C ~ c;:: 0.. ell z u.J ~ 7' o 0:: > z w -' <1:: cc ..-l ~ < "7 Go-. -0 C ell ~ ~C!J~ .D -5 0.. vi ell '--0 ::lvi"OJC ro QJ 0....!!1 >ueno.. ~ 0 c 0 OJ 0..= U .cOJ4=C!J +-or .r. 1... > b+-'~+:i c.E2~ og aj ~ 05 ra .L: ''':; -0 ~ ~'E 2 u .- ell J, -0 ._ u '-ros..2 ~:JC5 +-' ~ ~ 0 oGo..c 4- ._ +-' V'J C!JrncOJ -oraOJ.c .- E u >-0 C!Jot: e C!J u -0 0.. -0 C -0 _ ~ ell C = en.c ell S C!J C Vl c-o C!J-o ~b~~ a.. +-' .- +-' '-::l.DOJ 2 01 5 :;g ~ u "'0 :?: ~''':; 2 C!J:O~~ .L: ell 0'" 0 ~ .L: ra o~ o ..... '" Vl C!J u u ra '- o Vl ~ ra 0.. -0 o o -E o ~-d enC!J o Qi :!2 c > Q)e ..... a. 'Vi Q) C!J.D .c ~ o~ o ell '- OJ :::l '- U ell U C!J O.c Vl .jJ OJ C Vl 0- ::l Vl -'<:: .!5! ro c 0.. OJ en -0 C 'Vi ''':; OJ Vl ; .~ '" ~ :1 l1J ro~ :; '" - c a~~ .C 13 ~ ~ Q1 ~ en -5 01 .~ 0\ E t; t: .::r!; .- 0 0 x - 0 Will _ '" ~ :1 ~~~ :1 ~ '" ~~m j~ -5 -5 o g 0 III N C Ol Vl Ol E OlE 1:!g~ JJ-ro.2 .c ~ (5 C ~ C _ ..c :;1 .g 3: 0l0l C C +='32 ~ 0 ~..Q z '" ~ o ~ z ={ <5 u "'0 (lJ Vl .... (lJ O"';-rn"- .... E c c ~ (lJ 0 .2 'Vi ro c li.!!! ::l (lJ ro Vl 6 c E 01 ro ~ .2 (lJ c.......a.......u .;:; "lij ~ ~ ~ re ~ -.: .;:; :2 u .0 ~ 'E g croOclll 0....0..0"'0 Ol~:2:CC cE<(rolll "Vi Vl.J::"'O B :5 QI ::: .~ E'::.l:: ~-7 ->.E~1\1~ COQl.o~_ "'0 vi ro...."'O~ii"'O u:=oco..<)::c :2: $ 8..~ 0 >.~ .-.::s::+-,Qjb~~ 'E~Q;.J::!U~$ (lJ > U - {'l.J::c.~::l~] c....o"'O.;!::QI.... ro vi" U ro ::l .J:: .~ -+-' <fJ '- .~ rn U ~ ~ .~ E ~.J:: 5: 'OEtJB~B~ ""0 ~ .QJ 'C .4-J C -0 ~ .- 0' 01;':: .- C ._ :J "'- ro ro VI t'tS ~o-o.>.::l"'O.... ..c ~..c.t:= o-~ ~ o.o"5roo~:O E<(o::lo~ro (IJVlVl o-o.>.J:: z <( -l 0... .,.; Vl ~ ro QI ~ ]~~ c ~5~ ].J:: ~~o 0 0.."'0 $"'0"'0 Vl VlCE:Q-E :2: QI~ c Ill<):: >.1ll.J:: E.J:: ro <( ~~~ ~g':::]'s;-g $ ~ ~:2 (lJ ro~ C ~1\1 > c,.;-,E ~ :il ~..Q III .2 o-.~ ] ~ .~ c ~ QJ vi cu ~ tJ ~ :n ~ ~ ~ 'g ~ .0 C .;:; ~ 5 0 III C >..J:: .- o ::!2 0 c .- 4- o..J:: 0 ro 4- li c ::l 'Vi III 0 0 4- ~ U ~ 0 .J:: ro 0 '> ~ c .... 0 (lJ .!!! Qlu ~.~ c:: U 0 .0 0 "'0 Q) .0 .~ QI >..J:: OJ13:~]~ ~3 ~.:.~ ~ j ~~~~ ~~ 8~.~~~ <):: ECQlQ;1\1~~1\1<):: m ~ ~ o..fj.o >.;:;~.J:: (lJ.;:; ....QlCOc::!2oco:aiucQI <( .0 III .... 0 ::l Doc ~ro'~] U 0 ::;.;:; ~ ~ B:2 '~'E:-e.~1!!~ ai ~ ~.!:.q~ 'Vi (lJO ::l.Vi ro U"'Ol? U C ro CE VlQl.J::roO 4- .J:: OJ V) ^ ~ ....... '--' 1... QJ ~ :J Vl C ~ Qj I- ~ U o....c: 0 ~ .~ .... E;;:::l . ~~"'O.... ~ 0."'0 Qlu > ...... 0- Vl .- .- c B 0 (lJ-....O:.J:: III E o.::l 'e- ~ > 5 "lij c u 0.. '\:: 0 ~ c ~ W :~ .~ ~ ~ 5 e ~] ~ ~ S -:5 i:O C QJ..a 15 s:: u .~ ~ rn'~ ~ ::l(lJQI.:t::.... oc"'OccO:B a ~~ ;::.~ 113 $ ~ E 'E ~ ~ ~ c :2: .~ ~ ~ -6 g .~ QI 0 QI ] -s ~ ~ ~ ;:; -0 .6- ~ ~ G 6 ::l ~{'l.J:: c~~ ~ li~ gg~ t; c"5 .2 ::l :0 ~ QI .... E .- a. ~ .~ ~ a ~ E ~ ~ ~ -S ~ ~ 8.. cc ~ r- '.I"l <r.: ~ <( LLJ CO:: <( UJ > : vi z w Vi ~ c o -;::; '0 c o u Ol c 1;; X w .~ii.e c c <):: (lJ III 0 ~ ~ ~ ~ O-l? .... 0 QI QI OQl-E.;:; OlE 010 C;.:: c.... '0 01.: ] .Oc:C'01..... >"'0 a. QI n:; .- E > c > ;.:: ro E "'0 QI .J:: o.c"'O -+-' f.t1 rn OJ '- Q) V'I +-' ~~Qjro 1\1 .f! ~ ! cc"'OroO ...: QI > C2 C (lJ ~ l? (lJ .p dl -:5 ::l .~ C o ro +-or ~ ~ E] -::0 w ro ~E~~ u E Rii ~ ::l <):: $ di"'O 01 tJ .~ ~ "~ .~"'O _"'0 oo(lJo li.J:: g.J:: (lJ 6 ~ 6 .J::._ .- +-' +-' '- +-' 1...... ro OJ ro ~ .~.~.~ o:E$E "'0 "'0 C C ~.~ '0 .~ ~ :0 QI ro QI ::l suroa. li-g~o o ro (lJ QI ~~-S~ ;;~tJQJ r-Ol~:O ~"ViE~ '<t ~ a. 5: o:iB-g~ u>.~~ :2:tro,E f-QlQI$ OJ g- ro =0 "'0 .... Vl co.::lro ::l"'OOo oc'E.... <(rolll"'O VlQ)~~ ~~.J:: '" ]~]2 ~EQlro Qll.s~ -s i'~ ~ OQlQlVl QI E Vl c V} c .?- ..8 8..Ero u '- "> .~ 3 ::l C 014- o.QlO.... (lJ QI 0 'w .r:...cUr- f-....QI~ v 01 Vl c ....:.!.O~1~6 o V' g ~ u .... QI E .~ ~<( o..u cB g.e uBC;::"'O:2:5:(lJ -0 ..2~5~f-c~1~ .~LL__+-,1j.g ~ L ro .;:; gre'~ro-, ro::l B .... ._ .... c"'O ~ a. 4- ~.~<("> ~ oii2~ ro E >. ro .... .... ,~ ro ";:; ..., ._ 10- OJ II) II) - 01'- :o::B=t';OJ~-o-oE ro ~ ~ c-o"'O ~ 0:= .J:: ._ > ro c c c 0 ~ Qi~c.J::::lroro~lii~ c:ca:;~-o~~-CQl ~ Qj ~o ~ ~ QJ~.~~ .J:: > ::l C ::l 0 ~:::: U .- 0 0 ~ - .... III QI C ~a:::V')V')~~~a.~ClJ oc(lJc ~.J::$~ 4- ~ 0: .J:: ::G .~ 01 Vl g l? ~GB..g~tJ~~1\11 o.QI Olgro QI $.J::.... +-' C.;:; .~ '0 0.. "e- ai g ~ c. Vl >..J::._ C o.c 0.J::..c :.s..c ~ g .~ OJ C ~ Qj ~ )....-o$roQ)..c:~+-'c+-" J2~"-c~+-:u"-cc _ _ ,E III ::l Vl ~ ~ ro QI ~ C .J:: .0 C QI .- .J:: -0 ~ rn.~ ~ ~.Q ~ 0:: Y V} c 8 ~ 1 :!: .~ ~ ~ :t: ~ QlQIro....roOIllQlO-o ...clo-Cro:J"-c'-o..c f- .!!! <( 0: 0- 0.._ l? ::l ro >- .... OJ a. o li (lJ .... III 'E a. vi" "'0 (lJ QJ C .J::-O +-' C ::l III o C VI 0 ~ 't s 3 ~4- ~tJ QI (lJ ~ 'e c5o. <(.;:; ~ .~ .J:: .... .... C 4- (lJ o .... VI .~ C Vl o c 'Vi 8 .> ro E Vl 0.0 C a. ~ e 0.. a. ~ ro ~"'O Vl (lJ III a. :2: 0 Qlai .;:; ~ 01"'0 .5 tJ Vl QI ::l .~ >.E co a. ro C .2 01 >.(lJ-o ~ ~ c ',i:i C ro C "u Q) ~ ~ (v ..o..c.J:: ::l c Vl Vl QI <):: vi" c .gOl Cro ~.s>-c"" >.~._ c ,,2 Qj ro ro QJ Vl ::l 01 E -g~o-~c roO-a;ce t; "'0 1\1 QI '> $~$~~ QJ ~ ~c~ c E .... ~1ai +-" +-' C ~ tJ ::a o QI ~ E c U c~ QI 0 QI ~ U OJ .~ -g u :Oroc ro Vl 0 .J::"'OVl ~ ~ E o ~ 0 .... QI ~ tJ $ 1 .~ -a ,...., o c .J:: li~ 01 QI o.::l ..ceE +-' u-:5 ~-go Vl~:g ro ~ ~ uOlO~ o..QlUQl :2:~ro~ <( 0 .~ c VlVl.oQl OJ ~ ro !l' .J:: u.J:: - f- ro ro l? .... Olro c4- .- Vl Vl "- ::lo.. ~:2: <)::<( QlVI c QI QI.J:: .0.... .J:: .... 0"'0 ..0 C E ro E ~ '+- . Vi ~ I QI C .... ro.J:: QI +-' ~"~ ::!2 ::l +-' 0 rg u :0 c ro ro .J::';:; n:; ~ c<;::: o QI '61 ~ ~.o vi c o 'Vi '> E a. o <( VI 01 C .Vi ::lU "'0:2: ~f- .~ -e .J:: ro u"'O ro c (lJ III .o~ z < :2' ffi o ~ z :J o u v --' --' ~ ;:; c:: 'u --' z < --' c. a: "-' l- V"l < :2 l- U w o a: "- ., ~ o VI ..; ~~ 5~ l-'" ........... .... u Q) V'l "Q Q) 0.. Q) ,- -0 Q) .-:. .J:: ~ 3: :l .J:: ~ .... '-' u c .... ~ E ~ Qj !'C .... Q) ..... OJ Q) '- 0 If) e ..., ~ a. Q) v ,..., ..... .~. .... Q) V'l ~~ :;.r C VI ~ r1l C 3: -0 e -" .J:: V ~ -0 a. .Q 0 - CL '- Qj (!J 0 ~ g ...., Qi r1l r1l OJ N .;: > .D '-' ro :.e ' ' v .s:::. VI '- Q)-o .... ..... r1l .!: - Q) :lI 2- "- .D Q).D ~ 0 Q) 2 ~ 0 ..... C 01'- t 0 .J:: .f: tJ CL <lJ ill ~ ~ '.j:; -0 V'l .n 0 u C Q) V ro c Q) ,- c ~ 0 ~ .... -0 0 Q. ~ a. 0 3 Q) 0 Q) n:; Q) '- .... V'l Q) ~ <U ..... a. l'tl Q) '- (l) 0 -0 U t: r1l F ~ ~ 0 '<t 0 ~ 0 C V :: .... 0 u 0 r- 0 c;::: r1l '.j:; ~ Q) .... r1l 0 Q) .D ro .~ ..c >.= N .... .... c '~ Q).D >. 0 Q) ~1 Qj '.j:; ~ > ~ .... l'tl Q) l'tl U -0 ..c -0 vi E 0 '- .... C r1l .- - Q) VI r1l ~ 6 01';: V'l 'P C '- e Q) r1l O"..j:; ~ u 3: $ o..!2 c l'tl V'l -0 $ .e @ 0 aJ C ..c Q) '-iJ $ r1l .... V'l .... .... u > ~ 0 'Vi .- Q) ~ $ .... Q) .... .... Q) t ..c c::( e Qj U 0 .... ... a. > a. ..... C -0 C2 C a. 0 Q) 0 0 :l >. E C V'l V'l '- 0 Q) C .!:! l'tl C <+= $ ..c -0 0 Q) '- 0 01 C '- .J:: \.9 ...., ..Q ::J '> I- Q) -0 e 0 C ..c $ .D Q) cV .... C -0 C V'l u E 01>' '- :l C :=..c Q) a. l'tl e l'tl 01 ..c E '- ..... $ ~ ::J '- C ::J l'tl VI -0 -0 '.j:; 0 u .!: C V'l Q) Q) 'x V'l Q) -0 .... V'l Q) co 0 x 0 $ ..c u 0 Q) a. $ .... V'l O.J:: 0 I <+= '~ '- .... .... Q) 01 a...... 01 0 .... '" C .... Q) Q) l'tl 'c - .J:: C ~ - cV .... 0 .... l'tl l'tl Q) '.j:; VI ..... .... .... .... .D 'Vi l'tl l'tl -" 0 0 '- :l \D .... ..... ~ l'tl C 0\ C a. .- Q) 0 .... Q) ~ E >. C V'l C VI .... $ 0 E a. := Q) = u 0 :.a ..c '~ '- e Qj 'Vi .... Q) .E ..... > l'tl 0 ~ $ $ $ ~ .... -0 ~ -0 C C -0 '> -0 3: 0 C e '- ..Q Q) '.j:; 0 Q) .J:: U '.j:; a. ';: co .... Q) u .... $ '" 0 0 '~ l'tl -0 .... .... .D C 0.. 0 l'tl Q) '--0 C ::J -0 o.c 0 l'tl -0 ~ 0 -0 l'tl z: '.j:; $ 0 0 $- U r1l :=: <+= 0 Q) .... r-, .... ~ -0 >.<+= 'Vi ,-1 0 .D Q) U -0 1- '- $ a. l'tl ..c ~ Q) ..c iJ ",o"U....,0l~~ ='+-~u'+- ~ o :l 0 $ 0 0 O.D..cE-V'l (-, Ci=V)....,Q)~c Q) ::J ::J 0 V ..c00Q)Q)..j:; cc ';::::J::gi3o a... o .21 c 6 -0- a. r""': cCE",Q)-o '--' 000.-:0$ 0 '.j:; U 0.= U a. 0 (3 Q)..Q .~ ii ..Q 0-:0$ C $ --i Qj ~ ~ -g ';;; ~ LL c::u-on:;<(-O ~ v o ~. v A~ ~:~ Q) ,- E <ii ,:J.; ([J .c w ~ v 8 > e .Q '"' u V <lJ ::; ...., 0 e s n.. c.}':,!. ""'il' -ID'] , ... .,..t,'." -:;t L\ 1r It .', ~ '" c '" .gu . u c ~ 0 e c o.~ ~~ ~ .Q o -0 <i:: ~ -. ] g =: g ~ ,:, :~Ii",~ ~ : . ,'}"r" '" ..;,/)f~!! l ~ ~ z ; --! 2 """""'"" ~~ -'>- <L< ~'" ~ [;:; < :2' f- U w o "" <L I f- :::> o V) < -' ~ :::> f- u --' ---' ~ C !"'J n:: .3 z < ~ o 1;; z :3 o v -c QJ QJ .... -c III ro :J ~.~ Qj u t;; c E 3: go~1 ,1:'0 uEQJu2;'-c~ g~6~J:"3~ .~ 'u a. ~ ~ ~ ~ ::l~E"3 u-5 ro .c '>-.~ ~ c >.. a; ~ ~ en m 'N ..a >.. >.. III III ..... '0 ...._.~ :!: 'P S- al ~ 1Il.c U QJU ::l OlQJ::l >..a;'~ O'"=.c-C 1Il_ III .....::I-:QJEQJ:J ~o~'-V)-Sg- ~~]],g-g~ ~>~V)raroco :~~-5i.g~g~ -C....<I=U~IIlQJ Co.OCC:J<l:; 8'O~.28Z"o c c c U III '+'- al ,2 ~ .~ c ] J!! a."" o III N III III .2 ~ o.o.-c.c:;: QJ ~ E 'C c .c III > 0.'- -c III VI -c QJ x >.. QJ E <1= QJ "UQJ:~u~ti"'O >--g~ro~.2QJ~ t:1Il..a::l""=~0l III O'"c 0 IIlQJ ....JgcCi:;QJ~o;, <('~~""Euc> ::>~:ll~eJ!!o~c a~;;;'O:;;~~QJB UJCC c .VI_ VI QJ :c E -5 ~ o ........ > ..... > I-UQJ~~>o>.c C:(QJ Ci:; a. a. ai ~ 0 VI SF-5ro@;g8]~ z: o QJ .c .... QJ > III .c .... III .c .... VI OJ .~ .:;: OJ .~ -c U ::l IIlU '0 c Ci:; OJ ..a VI E1 ::lr- C.c III VI VI <1= OJ .... -c U :J~ U III C >.. ct; ~ ~ ....-c ~ c VI ..... nJ 0 2:>.. .c'P .... U g ~ VI -c III 0 = .... 3: III ~-.:; ::l C r- OJ OJ .... .c 0 r- a. VI .... o .... c OJ E c .Ql ro OJ c: .... OJ OJ .... .... VI OJ ~ -c ..... 'E ro ..a c o '~ U OJ .... e a. -c o o c;:: Ol C -.;::; VI 'x OJ OJ .c .... .... o c o .~ III U .2 QJ c: >.. III ~ .... nJ a... Ci:; .... c OJ U .c .... :J o VI .... o c o 'Vi C ro a. x OJ -c c ro C o 'Vi c OJ .... X w -'" 0:> r-.. I- U WJ b ~ '-'- a.. ; ;-- --- ~ CQ <: :c c 32 0 :J .,p o III 3: OJ ro V\ b ~ OJ-c.... .c c III U nJ C .~ VI OJ -c-c.c cr- ~ co vl .a~Qj "3 3: c U 4- C 'i:: 01 Ol c U ~.2 E o 1il ro VI .... OJ V'l -= 1- .2:.ot;; OJ nJ.... -5{;~ ..... C 0: >.. OJ 2:..aE V)~al~ L.U11il~ ffi;::,g~ ...L. OJ .- OJ V)-cE-c c OJ c Ll-::::l..aro Ci:; > 0: c OJ ~ ~ OJ .c .... o .... c 3: OJ c ro 4- o c o .~ U 2 .... VI c o U -c c ro OJ OJ > OJ ~ ::l o Ci:; .... ro 3: E o .... VI 3: QJ C OJ C o 4- o C o +:; U 2 .... VI c o U U .... OJ > 0: VI c:2 OJ c ~ 0 E ~ro OJ Vl -5 ..... .....2 o ro c ~ o ro '-e Ol o c 0.. 'i:: ro III '0 ~ cQi o c .~ C nJ ro u.c o u Qi~ c: 0 .... nJ Ol :!:: 4- .~ -g ot;;.cQi ~.~ ~ 2 u 0 nJ III nJ .... 3: -5 ~alc~ >..ro ~o QiO'O.... 1il E 3: ~ E8~0: 'x +-' 4- C o ~ 0 OJ 0..:0 II") ~ o.ro ~~ ro.cUOJ Q)L..l"O..c > Q} l.() .... co "'ro .,.f ~ .c 3: .... 32cgal :JOJ..a1il ~ g-<t: ~ QJ_viU o.roCOJ roco..a u .2 E -c_ VI....-C -g'Oc:J !2]8~ E ro ~ .... Vl 3: OJ C nJ Ol C -c :J U c .c U :!:: o C o VI c .c o -, .... o .... c OJ E OJ u C nJ .c c OJ -c c c 0 ro '';:; c nJ o U ',ij ..Q nJ u~ o .... Qi ::l c: 0 VI Q} .c U ;!:: -c e :J .t:: :J .~ Ol ro Ol c ..... ro OJ ..a .l=. VI <1= Q} > <1= .... o Ol c 'f OJ 2:: :J U o 01 .~ u::: .c vi r-- U c ~ ro 0 V') QJ :-E 4--C o-c o c OJ .... C nJ U .... 0 <I='PCCU ~~1~0l III ;> C .~.~ .Ql '0 OJ ] .~ :!::Q)B-cx E.....-cOJQJ oUQJ+-''- ....1'll-cI'llQJ ~'<tnJOJ-c QJN~U5 OJ rI") OJ VI U >.. -c ..a OJ cQi~-c~ 01il-c"3:J ~ E OJ 0 8 .c 'x 1:: 3: Qj ~e!2~1il .... a. o.~ 3: nJ a. OJ :J ..... VI ro ..a ..a III ~c32cQJ ::5 0 ::l ro C ~ 'P 0 'C ~ m '0 3: ['x d ] ~ 'C QJ -c c OJ 3: OJ ~:;;u~occ ro U C OJ :!:: 0 -c OJ ~-c~~Ci:; Cro.c -.c 0....0t13: '~::::J~q::C'O ~-s-5~~ ~ .~ ~ 1: ro QJ Ol-C Ci:; c:roOJro.... +-,4-+-'.c~ ro 0 .!:!! 0 ;> .~V)u'.pc ..aOJoUOJ rou~Ca.. IronJ.20 '" ~ z 2 1- U ll} ~? Qj +-,'" +-' QJ"Qj +-' ro U J- U > .c ro :!:: OJ 'C Vl .2 ~ Ci:; c 2: '~ ~ ~ ~ ~ ~ ~.~ ~ ~ .g ] ~ ~ OJ I'll ~ t1 ~ -c :J .:;: g '6-'f t1 OJ -5 ~ ~g ~-c gee o......-c ::5~E ~ ~'.p EOJ~ ~~ ~[~~ g.~lJ VlO~>-C..a:J.c '5 OJ <::Vl OJ OJ u.~ 0 c >..~~1 o:!::ro ~ ~ -c Ci:; ';::: a. I'll goo r- VI VI .... <t: = .:;: 1il <:: E .c - -c c U !2 1 ~ OJ ro [ 3: -g .~ .E ~ "3 ,g 2: '3 ~ E .2: ro ~ vi' I'll ._ ;>,. >.. 0 nJ r- ~ 0 C :~ 0::- U-C c.t::;!::.c :s,g1"::Qi e C2: :2: ~ ,2 ~ ro -c 1il a..... OJ > .:;: OJ <t: r-'P.... OJ:J C.c a........ OJ CVl "'-"Q)~1-c-co+-,roo~-oQJCO~ ~ 3: ~ ororo U ::l.... ro:2.2 0..2: c 'u -c ro cCo.. :J Ol ..... :2:c~ 1!! .~ ro .- 'x E ~OJIIl ~O(1} OJ C Ci:; .co.c ~'~ 3: nJ Vl o 2: c o OJ 0 \0 Vl '.i=i ~ ro ~ ~~ cOOVl 4- C -c .- c 0 VI o .c Ci:; '-8 +-' ~ OJ OJ ::l VlE..a Vl C o .~ III > QJ OJ QJ +-' 'Vi OJ VI I'll ~ U C o +-' Ol C -c ~ Ol VI Vl ro 2: <;; , "'- Z -0 f- u w <a Z <: ,. 0: o ~ z ::1 o u c- o ;:; u Q; VI '" '" o Q '" Q; .0: c o '-iJ '" Q; u ... 2 :n '" I Qi > 0: c QJ Q; ~ , , -' -' ~ ;;; c: '" -' z <( -' "- c:: L-W !- V\ < 2; C L!J --. :9 c:: I !- ::> o VI < -' ~~ "/~ s~ !-" """"""" "'= z <r: -' "- cr: t:: \.:> v, <r: Z ~ i- ~ U :...u ~ , r. . W c.. cc != ~ => f- a V) U <( ::> -' cc ~ l- => V1 l- e:;:: U CC ;j LL ~ Z 5 0:: 3 z < ~ o ~ z ~ 6 u <( c Vi QJ CllOt:'iQ .....E;.~.t: o~mo'5 . t 0 V') 0- rtJ Q.I [E ~ E~.t: "'Cll~8""~ ~ ;S; c Q) -g ..c QJ I Q) ~ ~ 4J ,oc.o:::Ju..... coo'OtJ2~ ~~:i::J~c OJ '- 0 ~ ~ .2 ;~ <tI ~ <tI 0 t V')Q} ~vo ..c>--t cQ) 0.. .!!! '0 0 .;: .0 ..c :o....~o::g'5 19 ~ -:5 .~ :J 0 "'........Eo'" Q):::Jm.....~,o o 0..... 0 .... c .... Q) 0 c Q) co '" ..c '" 0 ~..c ~:::~.P&lt OCOcoU-" 0 o..E >-20 c eco.~t;;oQ) o..cn.o cN-5 CO:::JoVlC co '- u u '- Q.J a::o..co~(I} Qj-t~.....c~ ....o='O:::J(I} "'~Ec'O.o co..clJ') co co_ 2 ~ t . ~ e .~ <(-5:S;~~2 -l:::J"'Q)....(I}co o..o"'....01uE Vl co co Q) u ~~EE.t:co..... 2 .- - .- '" >- 0 _~(ijS..cmt 03 Qj o..~ 08- <c I- > 0...0 0.. '" o:Q)Oco~EC ~Fiij'Q~~~ w cr: ::> I- u ::> 0::: l- V) <C 0::: u.. Z >- ~ C 01 ~ C ::; .~ ~o ",= .... 0 co..... Q) Q) >-..c Q) .... (I} Q) ....'0 -5.2 (I} u .:L C co ....= B .~ '0 '0 Cll c tJ co Cll"-:: 0..'0 x 0 (I}'C '" Cll .- a. ~ (I} ~ .~ 0..... ....co cO Q)O E~ a.\{) .28 CllN > .... (I} co 20(1} o ~ ; i=B-5 u u .... :JE-E 0"''0<'; o~~.... 1: u ~ 0: - (I} E I- <ll .~ 2..ce~ _I- a.Cll '0 C co '" Cll '0 ~ 01 (I} .... 'Vi ..c .!!:! :0 co .... '" (I} o .... E~ co c .... Q) ~E .... (I} a.Qj ~~ 'OB co u ~2 ~ ~ co ~ E1: t'O .~ 'Q.Q.. C co o E '';::; (I} co..c ........ c.... (I} U E :::J Q)t; "lie E 8 lo... C '-I- U 1! .Q...2 ~ C ~-u +-' ro: ....., 10.... "U 0 'O~~.2mB(I}~ cro0 (I}>-:::J.o'" Qwlo..."Oul:i-o""'" ._ "- 0.. ~ :0 V\ - ~ e<('OO1:::Jc:::J o Co' u 0 0 -g a.oo.oo~3:'O t::'.pti=~aot(lJ (I} ro (I} (I} 0 .... .- (I} ~o..c..coco'Oc ...ct;:;~+-'o~=~ ....(I}o..c--t lj::CO oa::';~..c~@:ff C iQ.'t::-O 2:! 0 l1J-a (I}...."'rocou'Vco -5:a~t;;(I}E~""'01 ro (I} .- (I} 0 (I} I c 0 S..c ",-g 'O-(I}............'O..c .2~..c 2l a.c m '" u C .... 'Vi 0..'- >-'c .S ro (I} (I} ~ ~.~ lj:: C ..c '0 ..c ro .- .0 ..c ou.2......cc:::J'" '~:i: ~ ~~E u:6 >o=e(l}~8co {3 :v .~ M ~ CQ o~ "t1 cV @ .2: Qj '" .9- -ci 8 0 .t: s...O:-:il~'M~l/)+-'~ o C E.... C'- >-'O..c .....(1} COco:::JQjC.... 'O(I},o...."'tJ....roc ~t5~1!:;::;~COO1O o,oro....-(I}Ec'" 0..(1} ia 0 ~.o.x'O t; o",uCllc'OOCO(l} lio x..c (I}- liO'~ a.(I}....E:::J QjO "'0(1}'0 oa.....li co......c C 0..3: co a. ~O-+-,ro..Q_ro'-c ~1o~~i:i::c-E(I} o .... ..... .- (I} '0 .2 '0 E ';:0 -a ::d ~ 'U ~ .~ ~ 0- Ec (I} (I} (I}....'O.....2 rol..._'-O"UOQJ (I}(I}rot::::Ja.COa.> F .~ ~ ] ~ .~ iij .~ ~ ....01 C C Q) .- E ~ c co .2l 0.. (ij..c 3:'5 (I} 0 CVl co.!!! .S .~ >-.:L co~ ~Cll ......c ru.... o...c .... 01 ~ :::J C 0 ~.c -5'Q; :::J'O o .- Vl~ 'O:c C C o .... "Vi ~ ~ QJ 0.3: x (I} (I}..c '0.... ~o c ~ o ru 'Vi .0 C (I} Q)..c ........ @O1 (I} C co ..c.2~ I-ruro .... co >- co ~ -;: ru 0.. .... (I} .... C Q) u ..c .... :::J o Vl ..c .... .~ .... u Q) '" Qj .... .S o .... .... Q) ~ .... Vl -" fu ~u Vl (I} ..... .2: o .... ....0 C.:L Q) .... E~ ~~ ru ru 01 Cll Q) 0: Vl .... Q) .... c (I} u ..c .... :::J o Vl .!:: ..c .... .~ '" (I} :e '';::; :::J Qj ..c .... o '0 C ru ai .... ru ~ o .... .... Q) ~ .... Vl -" io 0\ Vl E .g~ ~~ .- Vl '0-" .~~ t:N ]~ C 0 .2..c .... .... u .... (I} 0 .... C o~ 0.. .~ '0'" o Q) o..c c;::.... 01..... .S ~ .... .... .!::2 ro x'O Q) C (I} :::J ..cO .....0 bE C Q) .2 -5 ~ ~ u '" .2 Cll ~-5 .:- (I} ~ (I} '" >- .... co .... 'c ro '" ..... o C o ';:; ~ ru ru ~~ in ro .so.. E' Q) .... '" >- '" .... C Q) E ~15 ~ 3 ro .... E .... .... (I} (I}'iQ 'iQ ~ s: E E 0 ot;; .... .... ~-E .2 E t~ :::J '" ~ ~ 61: u (I} >-E .... .... ro ru .... (I} o .... a..... E Qj <ll E ~~ .....0 o a. C ru .2 01 -:ti.S = '0 ro :::J ....- '" u C C .t: E <,; ro o 01 01 C .~ ,g -8 (I} ..c .... ..c .!!! 0.. E o u u ru ::g :::J o ~ E ~ 01 e a. -t o ~ ..c .... .... ro (I} '" '" co E Q) ..c I- '0 C ru ro u '';::; u ~ a.a.i V) .~ co '" ..c Q) u..c :::J.... E E '" 0 ru.t: ~ro 'Vi 'C: , Cll c.... o ru .:LE ......... o 0 $.... -50 ~~ (I} (I} '0'0 .... C C co (I}.... E 0 Q) a. 1) .~ E..... (I} 0 -5~ Cl101 u (I} C'O .!!!(I} ~-5 o .... .... C (I} .- .... '" co= $~ '0 :::J C 0 co .... e~ .... co c $ 8 E a;B ro ~ $ Q) E c <5 0 t;;~ .... C 01 (I} C ~'O E.2 .... u (I} .S a. _ (I}~ .2: 'Vi ~ ~ ~.~ ~ (I} a.Cll E-5 o .... u 0 ..... co E (I} '0 (I}.2: c....o: o ~ C .~ 111 Q) ~ c- ~ (ij;:l? .... ru (I} ~ 6--5 Qj .... C Cll u ..c .... :::J o Vl ..... o C o 'Vi C (I} .... x (I} '0 (I} C C ru . -.... a.C (I} Q) ..c E .... C .... 01 o .- .....- co '" Q) (I} .... '0.... co (I} .... Q) 01.... , .... .oVl :::J '"" "'~ Q)CO .:::~ '" (l}Vl ..c'O o c u ru ..c>- .!::2 to :o~ ~ ro Ul 0. .... ro >- c 0 .... Q) .... ru u C E '!!!'..c ~ .~ -g .~ B Q)co$o ..c~'Oc .... co ~ 0 -5 C .~ '" .- 0 u c ..c .- o..c ~~~~ o.8~o c' ~ ~ c Qj co"" 0..0> 0.. ro E .~ C2 s:: .~ 0 )... C o.ouoCll '.iJro"'U't:;Q) ~= ~ ~ t5 '.j:J (I} ~ '0 <ll .- C (I} C E~$co-5 (I} ..c L- ..c ~u~Q).~ :::J:i: 0 .2: $ oocO:'O ~ C .2 a; ~ )... ro +-' u t04-19~Q) ....o=l?c Bciiwc ~.g~-5 8 ro~~.8c 4- }....... ro o u .... <ll .... ca;~~il .g -g C2 .S 'S rouC~>. t:c~-a=o Q) .- .... >- c E ~ l? m .!!! ~:;~s~ a.'iQ.....o..c E~B.S~ .... w .... '" co ~ (I} ..c .... .... Q) '0 c: :::J .... C (I} E a. .2 (I} > (I} '0 (I} .... 'Vi ~ :::J .... :::J ..... .... -E (I} '0 ~ 0\ .0 :::J '" (I} :0 'Vi co ~ co Q) ~ > C o co 0:0: (I} d;g ~~ '" Q) C > .2 g t; u Q)'O c: C C co 8e >. .... .... c .- 0 ',f:i U :::J .... 'O~ (I} ro C $ ~ E n..<5 ~t; '".i:i.8 <5 Q) ..... 01 C co o c .~ 'n; ru .... >'0 ~~ Q) 0 (I} = > co .~ .8 "-6-.:- u2l ro ro vi ~ ~ .~ :J....:= V') V1 .- C co u Ul$~ ,!!! .... co ..c .... E (I} .... '" >- '" e .... C o u .... (I} .... ro ~ E .... o .... "'~ (I} :::J > 0 'Vi '0 c= (I} :::J ..c.o (I}- 0..:2 E.... o co u (I} OJ .~ ..c '" .... Q) ..... ..c 0.... . c ~ o .... .~ OJ ru '" =0 ~.... "''0 C Q) 'i -g o (I} ~ .~ o .... .... (I} '" o V c o :;:; ru .... '" ~ lj:: 01 C '.j:J '" 'x (I} c ru (I} .... co u o ~ B:>- ~t: :::J Cll ....0.. :::J e ~a. ..c Q) ......c C.... .- c ;::-E ro .~ ~ ~ Q) .... u 0 (I} _ Ct; Q) (I} .o'~ >,e ro 0.. E Q) ~-S (I} ~ :::J o '" ~ Q.i .:L '0 .~ co .0 C o '';::; u (I} .... e 0.. '0 o o c;:: Q) ..c .... ..... o c o '';::; co u o Qj .... ~ :::J .... ru C '0 (I} '" o a. e a. (I} ..c .... ..... o '" ~ :::J Q.i .... '" ru ru ~..c >-0.. ~]i 4-.'t:: o C g 'Q; ._ ..c .... .... ~ C C .- Q) C E.!!! (I} a. n..c .~ .g $ ~ ,g:-e <( E $ .2 <( c C .Q ~~~ (I} .21 ~ .0 .t: Q) E E ia '0- B ..c(l}",' ..c (I} .~ .~ -5 ~~o (I}.o= E _ ru g.1-gQ.i ~ia'ru..~ <l!:s:1:lo. 'O.:L....C 4- }... U .- o ru :::J (I} (lJC-t;..o ~~~:= ~~8$ +-' u c: ~ ~-:5~Z lj:: :::J .0 u Q) 0 (I} :::J -:E~>~ l.4-or'Oro o...,..cJ:: c C = C o Q) .~ .- '';::; E .::- ucl1= Eg~~ '" ru a. tJ g ~ E Qj u...~n5~ g5cot:$ OCQ)'O N 0 E c }... V'lo C ro ~ ~ e C >-.... .- ,2 (I} x > .... ..cQ)cc +-'QJQJ~ ~.=~~ ~ z~ <~ --'>- "-'" ~:i VI <( :2: ;- ~ ~ 0-- ~ '- '::::> o VI 5 ~ ::> '--: :::; .~ "- '" --' c ro ~ QjV'l cJ2 (I}'9d~],~~~ -5 ~ ro t: .~ '0 .21 I- '0 ~ '0 'W co - 2....-5cEClla.(I}~ ..... ru co........ WCO o.UCOQ) <:::<1JE "';-ol;(I}.o 0<:::: (I} CQj O1U= 2 (I} 0 Cll >.- .- ,,,Qj ~ E (I}..c:= $ '-'-..c 0..'0 (I} $.... ::ir3.....2(1}-5ro~ <( 'p ~ >Q) -:5 }... ..c .P w .;:: ru (I} Q) -E .... VI o:u$'OucEii f-~B<5~.2~~ UJ ....'+-._+-'\1\ uJ^c~Qje~~ o::CO(l}Q)a.o f-~~~@::;-gvi>.. V1 ro 01 [2:- E e g. t;. Io.;: cl- >--""- I- Qj co ~ 0 a.i ro ~ ~ co.... $ 0""0 u'O (I} '0 t--.C(l}:::J co c'O (I} ,-(I}C01Ca.O....U u Cll '';::; 0 '" u u C Vi -5 ..c C +J C QJ .~ ~ _'X ::l .... 0 >, (I} '" 0 - "'-'O(l}ucoa.co....c >-Vl >.... $ 0"" 0..(1} <,oo~-;:,o-E(I}-g >(I}E~cocQ)-5ru >'Ooruo..cou",c ~c....-....>-COruo 0:: co '" Q) ~ .t: 0.. >- '';::; ..-t' 0..'- ..c C C '" .... ru -- x ro .... (I} (I} '" .- - ~ Q) 0 '" u E $ g a 0: <1J 01 ~ ..c co 0 a..::: w..c(l}co.... =cou 1-.t:..c~~~COUt;; 20I-UVl",~C(l} w C C .!!:! C co (ij .g $ u.2 ru..c 0 (I}-a co"!" :c~C::~~~rot~ I-U....Cll(l}->O(l} :J.2~~~:2~~(jj o<ll~..!!!>(I}::lct:: V1F~:2~-5.8~] z '" Z 0: o ~ z 3 o u z '" ~ o '" VI Z :; o v ~ = c: ..-( ,.Q ~ Q) ....-( n - - ~ = o ....-( -= ~ --+-- = .""" ~ OJ) ~ ~ rLl ....-( ..= ~ ~ -' ~ ro 0:: 5 z :s "- P.=: ~ v, ~ I- u ;..w (3 c::: ~ o VI < -' ~~ VN S~ 1-" """"""" v z VI <( :r: 0.... f- Z !.U ~ 0- o ....i W > !.l..I o """"""" ~g -1N o..i;: ....." W ;- V1 <!: :?: tJ UJ (3 c:: "- f= ::; o V> <!: -1 ~ ::> I- u -' -' ~ ;a a:: '" -1 II z <: ~ o ~ 3 o u I- Z o 0... l..9 Z I- 0::: ~ l/) w I I- ai nJ Q; Ai:: ..c .... .... ~~; -0 0 C $ ::l -0.....0 COO ro:O~ nJ C - .... nJ E .E~~ ::I .- .~ 0 ~ .... .c nJ :?$5r CQJVl nJ VI QJ E~-5 o .... $ ":::-00 i::'6=;ij Q; >.- D-~ ~ e VI VI o..C;cv (lJ .t: '.p .c .~ ;;: +-' >.~ C -0 ~ .Q C .1;; ~ -g C .... C nJ QJ C .... VI nJ 'C;~o.. ....U..... >.nJO .~ E 111 3nJOl ......=C (; .~ ~ i5:~.2 o.cQJ QJ.....c .cC.... ....0-0 V1 0';; C 1:gnJ +-,'~ ~ U VI VI QJ QJ ::l .0' -0 ..... ai o..~~E -5-eE.~ ::1::1 QJ o C U > Vl nJ .i; 0 ~BOli::' $>.Q;c 3t~:J t-~VlE 1e1~ t- D-t- u C ~ .... ::l ::l .... u U u 2 o .... .... VI C ~ <!I..... E C D-QJ o.c - .... QJ D- iri.2 -0 QJ .... > nJ QJ .c-o ~B .= OJ 5-~ ~ E >'VI nJ nJ E $ ai C o >. nJ o a;'CE ~ Q) e t'G E ':: E .t: QJ QJ E -;: .c E t'G +-:oE VI u ~ QJ ~ t'G .c 0 .c........ D->'QJ c.c.c .- $ .... D-VIVI o .- :1J Qj~.u irit--o -0 . t'G QJ 0 .- E .... $ .';:; i::' >. QJ .... t E ~ ~ Bl e eQJD- D-.c QJ .~ ~ -5 -5 t'G $ QJ~.2 > .Q ro .9! +-' ] ~.~ QJ-VI $~:E D-t- ~E~ .c ::l VI :?;EJ:: Q) Vl n:s ..r: 0... n:s :::> .... 0.. Q) u c o u E n:s ~ 01 o ~ 0... .... C Q) E 0.. .2 Q) > Q) o Vl Q) u > ~ Q) Vl U o o ..r: ~ o ...0 ..r: 01 >.. - .- ~Q)Q) 002 I I I i'il ..j:j c Q) :'2 Vl OJ 0:: o o N Vl .t= c ::> -0 c.... i'il C OJ OJ u E ~o.. 0.2 'f-Q) Vl > o OJ 00 o~oO o..r: :=Q ~ 2 ~ o..~ ::>0:: ~ VI .- 2 OJ tJ Qj Vl~CC >.. 2 ~ ill ~ Vl :::> ~O'l,C:lu o :::> VI ~ ~ OJ l.?00:: I I I i'il .... Q) 0:: 'f- VI o o o o~ o N -' ,~--: .:> ".1:."- .-;~-~:_~~- _.,- g-02 ': ~c.. . CI ~-" -,~._t. lr ~-;:! :1_-11 -......,"0 - Q;tJ OVl_..o C:'_ _.--~:-~ U" 'o,c -' .. ~. z QJ r- -,;:; ~~ ~:.2 QJ ::l rflVlO ClJ $ LlJ-5nJ Vl C ~ <(:EnJ I .t:.~ Q..$-5 I aJ ~ 0.. :L~ u..J Ol;'::: I- C .~ D- Vl t; .t: ~ -1 .x .::z Qj <(ClJroiri 210...-0 u..+-'t;:~ LlJ2~B J.. ~ .~ t; I-Occ.!l! ClJ .c .c .... .... $ g .2 VI nJ1 = .... N.~ B LlJVI-o Vl-gC <( nJ ro IE~ o..~~ I .f-'::;..,; o..~cClJ UJ ~ OJ ~ I-E~t; Vl-oo-5 I- C .: 0 xnJf:~ u..J 6 QJ Vl 2 .Vi :9 -0 LlJ ~ D- ro ID-E$ I-tD~B ~ QJ .... C ClJ U 0 c..... LlJll-g Vl .... ClJ <(::>1:: I.!l!nJ 0.. .~ ~ ~ nJ I-~~ 211:: .... VI 0--0 o..~~ t..:J .t: E 2.g ~ x I-ea; 0::: D--;: <( ClJ nJ I-.cE Vl'C;'C w+-'~ I ~ - l-oC: .....c ~ 1: <i= 0 ClJ I:: .c QJ .....c >. .... Qj I:: ~ 0 .... :>. .~ a ~ .:!::: u D- o 0 nJ:.2 0.. a; ::10 QJ .... .c -0 $ .... QJ......... .... C 0 I:: QJ VI ClJ E I:: .;:: D-.Q o 0 -e -6-0 o ~ D- OQJ- .f"'O~ 0-.... .0 0 I:: .c QJ ::; .Q1 ro -0 (!) .c I:: l::D-nJ = zg <(~ --',.. "-"" ~" WJ f- V) <( :;;: f- U w ~ "- ;:: ~ o Vl <( -! ~ "'" ~ u :::; ~ ro ii: '" -' z < z '" o ~ z ~ 5 u z < ~ o ~ z :J o v . ..::.d = ~ - ,.Q :t: ~ - >-. - ;==C e;: = o .,-( .. = Q) ~ = . ...c Q) OJ) ~ ~ l"-l .,...( .= ~ ~ ~ ro c: to -' z :5 <L UJ l- v') < 2: '- u UJ ~ o 0:: i= => o VI < -' 3i~ ~N ->- =>< 1-" '"""""'" x o Z I..l.J a.. a.. <( """"""'" :~] ~~ ",'" UJ f-- V> <( ~ j- u ~ ~ <l. T c: ~ o VI -< -' ~ :::> f-- u -' -' '" C ;!I Ci: '" -' z <: ~ o ~ z ::; <5 v vi VI -0 e lij ~ >. V) .~ III VI C u .t: ::s 'v; QI E E.~ E ~-c 0 ...._u '0 .~ i!! .... .... ::s U III .... ',p .L: c....a~ ~QJ~c S :e OJ 'r IllC$~ QI ::S.L:'- ..o~t::~ ....OO.L: Vlo.Z;!::: ::so.QlIll EO.L:QI QI.....L: -5.L:'+--o ::s .... 0 C o 0 VI III Vl....QI>. 1ll-02.... - C t1J 'v; $ III > '- ~....QI~ ::s X .L: .- I-Ql....-o uCu>' .f' 8 ~ ~ .~ - QI .0 ~ co lo..o l'1J ~ .g ~ c: .L:0::S1ll :;,;E~ <{.L:;!:::VI --..1 ~ -g.~ o III QI E c 'iij S{ 1- Q} ..., 0 .8 E ~ .... Qlo.QltiI ~.Q-5 >- t1J QI '+- VI 0.>0 III VI QI >-.L: -Oc-O .c....IllC ~15E~ C .o.L: QI :n t1J;~-5 E~$>. Qlo>-QI ~~~~ t1J ::s 0. > >-UOQl ~ .~ 1i-E u-o '+- -.:; C ~ 0 to- <1J +-' ........ EQI-oro ~.o~ 0. ~ ~ ~ ,!:2 Vlt1JQI.L:"; C.L:>....C QI QI III 0 QI QI '-.L:..... E 'O~-o60' VI....:iEo IllQJO Qj .L:=uE> O>-.c....oQJ Z=SIllU-o -,E .-5V1....C -'t1JVI QJ Q'+-'-VI VI III o::~~tiI::s.g III >- ~ ro .- l'J 01 0 ro .- C ~ QJ lJ') E t; .Ql uVl VI VI <(QJ~-o.g~ CO t= -5 lij .!:: ~ "..c:._, '- ~~ :'"'("", ~) ::J ?~ 'iij B ~ ~ >4-J Q) VI 0 ~EQJOl '- .!::! QJ 00> '- QJ 'm I Qi III -5 Ero;-g -o::s~cQi Co III Ill-o ro '+- --0 V) .- _'+-C-o~ III 0 ::s 0 0 EQJog,u CVl >- ~~tiI'O] ,2 ~ ~ tiI ~ ~QJa..~ t1J ;U 0. Qj ~ .~ .L:QJ~Ill.L: 1--1.....(1J:Jt: VI L- [j' 0 ~~tn,,?c c::s~gQJ QJ~+-'=-:5 u .... cEo c: ~ VI +-' 2l0lC~Oc' ,-CQJO.o :::> -0 E VI .L: ,2 t1J C c QJ .Ql ~ ~ 15 ,g ~ ~ ',S ~t:>Q)1-V') ~~~c15~ VI-o V'l c: +-i .~ e III c c e~QJQJ 0.'- E .... ....~ 0.8.. c::so- QJI-<ii:i E '+- > '+- QJ 0 QJ VI ':;::; >- -0 -QJ 'p .~ VI :.= cu:~V),.; QJQJ-oQJ~ ~-5Qi-5~ +-' ......c Q) U otilO'QJ.... c ::l ~ E ~ .- to Vl E ]roBB>- Qi 6 >-c.Q ........ ._ .~ 0.. COlc:.oE ~ ~ Z "Vi QJ lllQ)o5ro .L:::So.o.C >-.!:r 0. VI 0 = C 0 QJ '0, E ::s QJ ~ QJ ~ .!:2 -5 .L: 3 ~-5c~QJ III -0 .- .- C ~= ~ QJ .... Vl::Slllro~ .o.L:.L:.o QJ 0 VI VI 0 -5....~o'- u-gE~-g ~:O~Vlro QJ 0. QJ .~ 01 -5 ~ ro t .!:: o ~~~''6 .... .- Vl .L: X QJ-OQJ....QJ ~~-5glij C 6 o ,- 'p .- ~~E o 0 lJ') ',p 0. ('oj t1J VI C C C III 2~~ C U QJ -c~o ~::s~ III 0. . QJ '+- V> Vl 0 ~ a1t:~~ ,~ QJ V> III -cEE~ QJ~QJ>- +-of QJ t; Qj ::s > QJ > cCSQI E~QJU , QJ>~ lJ') Ol~ III ro lo..o C Q) C ~ .- Vl .L:QJ~C!I .-t= :5 .a :3 SVlUv> .- :J I..... U'L~QJ ~o::aQj ",0.,-> ~~~~ VI '" '" Q) .... '" ~ u ..:- QI .L: .... Q) Ol o .... c Q) ~ III ..... ,.;- ro .L: ..... V> ..... C Q) E Q) Qj ..... X Q) ..... c o u _V> Q) .... "Vi ro QJ .- .L:C ..... QJ Q) .... '- 0 '" 0. ~ ~ _ .L: Q) ..... .a'+- -0 0 Q) C!I C a. -g E o Ol Q) -5 vi VI ~ ~ 1: lJ") -o$Q)O ~.g~! G:c~-g o Q) -0 III ...J~CU'l Qjt;;tO-!.,. ~4iQ;J:: .........,V)+-' ~ .!:: QJ .8 .P t; C 0 VJQJVl+-" ro .- ::s V> ~~.D1: .!:: .0 III 0 C 0 ',p .2 $ ~ ~ +-' ..... ..... Vl .rg ..1.11 0 Q.J '- QI 0. lj o 10 VI ra o...f-#lo..o+-, Vl Vl Q) C lij ~ 15 .~ .t:i+-'..cc 2b'5~ >-VlOC U-oVlO c25lll~ QJ lo..o:= ct5 ~ ::l $ Qi :ae-3 ii; <{ul-v> VI III .L: -0 C ~ ~ ro co .L: ~ Q) ~06 'f'~ lJ') ~ Qj ~ Q) C ~ .L: Q) Q) I- 0l.L: .. Q) ..... ~~Qj 'f -5 6 ~o~ QJ '+- '- roC~ OlQio Q) 0.. '- Vl 0 0. Q) '- Q) .L: 0..L: ~ Q) ....... 0-5] ~c:n ro 0 E .t: -g ~ QI > VI I_I'll Q) QJ Qi -5-o+-' o'~ ~ Q) .... E VI QJ >- ::s V> 0 1'0 QJ +-' ~.o; ca ._ c .. $ 1'0 -5-0";- ::s C C o 1'0 QJ VI - E '- '+- QJ III 0 u QJ VI C CUIll Q) III .L: -5t;~ 0]-0 .... 0. C V> 0 III -gQjc I'll > 0 -..:; OJ "';:; Q) -0 u $ c ~ -0 ::s 0 c~a...; ro: lo..o Vl C ro~-OQ) '- - C E 3~~Q) ""3 "Vi "Qj ~ .~ ~V> $ C O1Q)lo..oC'O <{ '~.8 E >-.!:: $: B ~~Q}V'lQ] roOCQ)OlQ) >.....Q)u.:3.L: c QJ .L:I-.g C +-' QJ > 0 III 0 ~ .!:: vi -P -6 +-' QI ~ c .!:: I'll ] F~QJ-5Q):;vi ..QJE::sE.oS{ iiJ- g- 0 B: t; ::s ro_VlQJCro ~~~..!!!.L:OC '- ro ~ .~ E ~ .2 .~ 6 ,- -3 0 iG :6 cc.'~.rgl-~~~ czQ.J1::....+O,.+J QI ._ '- Q) ~ I'll V> QJ~Q)EQJ.c-ra 0S ~o.~::...~ QJc~o'O$:ro .L:$-oQj .QQ) .....rac>>QJ-5 4- 1- to OJ > ..0 '+- o -0 _ -0 >- -0 0 QJ Ol.!.':! 4- ~ Q) V> ~5t;~rocQJ .~-::s-o >,:;::; U '-Vl-ocQ):;lU ~2S:::s2-52.~ vi Q) C Vl -5 .2 ~ '-i- ~ 'S: ro O_,-QJ Q) ::s QI ... cg-~~ o 0.:= u ~QJ.o-o o VI ::s c 0.O:i 0. I'll Q.. > -0 0. ::s :0 lij :c ~~ ~ ~ ':;::;ro ~QJ c .- .- N ~~:J:€ '- V'lI 0 u a -o.L: S{ ~~a1Qj c >- u ,<:: ::s = 'S: -0 o ro '- Vl U ,!:! S{ E == OlE ...Ill co-oV>>- Q c lij (l) .8 o '-QJ .L:U-o-ou '5QJO"O~ o~ol'llo. VloO:BOl .. E V> c >. .0 "0 ,- .~ ,V> 0 C1J E ~ C '-""\0 Q) 0 Q) .2 $ c u .<:: ~ C1J Qj O,-Z$:$ 01 5 c ',p ..Q ~tTJ I QJ QJ QJ -0 It:: t; E C 0 ~ ~-5"U ~ ~VI ~ ::s lij QJ >- ,- 0 V> ._ .... 0:: Vl QJ >Q;C~'';:; ~ 0. a: '~ .c -o~0-3E :;;o.QJl-ro EQJ-5;:::'o E.L:'+-QJ'+- o.....OCQJ uE~a:',;:; ..c > lo... .- :~ ~ ,~ 01 3 s'+-~'Ot >, Q; III ::a 8.. :;cQj~o. 1'0 III $ 'S: 0 ~o::::a 01.2 ro . QJ .!:: Qi :J i :!2 fr-o ........ V)Q)C 1'0'+--$0 ZO.L:v>$ C ... QJ o QJ "'- .0 VI VI ~ I'll 0...L: U C C III 'c c.. o..+-, OlC C QJ -0 E ::s 0. 0l.Q -0 QJ QJ > .... QJ 1'0"0 QJ '- '- ::s U 0 QJ .... > 1'0 ro.L: .c +-' QJ QJ $ QJ i-5 '0 E o..e Ol'+- C .!:2 '+:i ..j...I >- - 1'0 +-' . VI C '- III ::sa::: o '- VI QI 1'0 +-' V> -0 ro c~ ::S.L: e .... 0l::S .:;: 0 UVl 2l III . = -0 .!:2 $ ~ .c ~ ._ .... ::s QJ .L:I-u :~ Q) C :>.L:O :> +-' U 01 VI C ..~ -1-5i~ o V> QJ .- .L: 'o,.t: $ -5 :n ~ QJ'-Vl::Sro.o ~ ~ ~ ~ ~ .~ .L:-ouro>-c I-~~=.oo in .- '- $ c -0 C ~ ~ -3 ,2 ~ oOEI-:~ro :-E~evi].o ]:~'~.~~ t;c~:J-5~ ~ .2 ~ -g Qi ..... ~ .L: ~ -0 .- .L: ~ QJ t C .5 ] t E g- o .!:2 $ .L: .2 >- '- Z~QI~o.Q~ -o::s C.o+-' 0.. I'll lij;!::: ~ .:3 C E 3 ::s III VI C QJ u -gu~~::S$~ ::s~uctQJQJ ~'-B~8..:c .....Q)>-Co.OQJ OJ ~ .~ 'w 0 .~ to ~ .2:5 ~ ~ E ~ a...Q.roro+Jcuu """"""'" z~ <;:: -',. C!-< ~" LW l- V! <: 2: I- 'J UJ o cr:: C!- f= => o '" < -' ~ :J I- u -' -' 2 c '" 0:: '" -' z < ::;; cO o ~ z 3 o u z -<: ~ o ~ z ~ o u ~ = ~ - ,t:J. ~ Q) - >-. - ..... ~ = o .1""'1 .... = Q) ~ = . )00( ~ OJ) ~ ~ VJ ....c ..= ~ u -' -' ~ m ~ '" -' z <( -' 0- t..W V> <( :2 l- Ll <!J S c;: - l- ::, o Vl <( -' ~g ::L:"l =,::0 :-:E """"""'" cf ~lLl\ : ~ ~-=~ == '; 1- - I LI-- I I ~2'fl fT7 \ ~ "(]NJ ; j mrtJ )mrJ/ II T ~ '" I '\;If ~ rL/ ~I ,I~ :J. -PROJECT BOU~DARY "5 ~"..~,~__j' _1 y ~--tf!H( .~ ~ I T I fLU III -r ~ ./ ~ fl~[J g r) II \ I ~ >- IT \ L ~ ,U ri\ ~ hTTTi U, T '; "I" IT \ I,JI U I ~ ~~; I ~~ I ) rnm 1 /I II I --\ 'd I n Il nil) EmBktl ~ = 'md~ II t-< LL~ II'\" TI -I:::::: - LL "f'Y n TTi=l ~~4} I~r VT~ B7 ImW~r ;~~'&Jt ( ~ Ii'.. fTm ~~~"1 I r m f-H =if ~/ 2:: '\-3:JY I ~\ H '~ "~'I i' . r f I ~_ ~5 '/ T T ~ ~m L.~. ,ffl, If ITTlT - mm ~ D r~ ~ ~. \ \\ r::: ~r~ V ~' ~~~m~ ~ PROJ~CT BOU~DARY - =::r ~I ~ g{{ '\ W >:;/' 1/ /~ ~. ~~'2: . \ I \ II~ @ L'J~ W /~- /1 6n ^"'/ ~ ~o~:t lo '''.. ~;:'.;:.. v s.~..;;_-:~:_,..-.- fFV -io4:f;f'"Y--- ,;{} 18# I' I ( I cr;{;( . ..,._ / I I I -c /1 I v 'Y <' , :;;- o 3: '/I I o:d ~ ~ S _;f) ~ -'--' , I )~[ . ,r- IP I,~U~ I ~'!..0:...,>. " .- ;J ~~ c~ II !-HI '/I "" ~ /' "" ~ I " :::;:j ~ =3 -'-' > ~ 3- o 3: V1 I ~;;: 3: v ;y "" , I o '" c: () I >- "" 3: l~ ;: NOT TO SCALE TUKWLA SOUTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT TUKWILA SOUTH MASTER PLAN Exhibit B SENSITIVE AREA MASTER PLAN TUKWlLA. KING COUNTY, WASHINGTON <' I N /' :r COUNCIL AGENDA SYNOPSIS --------------------------------- Iii itia iJ. _____hh_________h_________n__ ITE1W No. lvleetillu Date Pr ared by LV LV Alayor's review h Council reviel!1 OS/26/09 06/01/09 Lo.C).3. C\S NU!\ml':R: Oq- o(o?\ IORIGINJ\LAGENDf\DATE: MAY 26,2009 ACEND.\ 1'1'1':\[ TITLE An ordinance amending Tukwila Municipal Code, Title 18, "Zoning Code" to reflect the addition of a new Tukwila South Overlay District. C\TI':CORY ~ DiJtII.rJioll o lHotion o ReJOlution ~ Ordinallte o Bid Award ~ Pub!it Hearing o Other Mtg Date 5/26/09 Mtg Date Mtg Date iHtg Date 06/01/09 Aftg Date !\J1g Date OS/26/09 Altg Date S]'( )NSC m o Cound! ~ Mqyor OAdmSvl-J ODCD o Finante o Fire o Lega! OP&R o Polite OPTV' 51'( )NSC )R'S Adoption of the amendments to the Zoning Code section of Title 18 of the TMC will provide Sll'\L\L\RY improved means of land division and apply citywide. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29,2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. RI.:VJI':\,\/I':D lW ~ COW Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte o Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. DATE: OS/26/09 RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office recommends approval. COi\fWTfEE COST IMPACT I FUND SOURCE EXI'J':NDJTURI': REC,2UIRED AMOUNT BUDGETED ApPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 Tn Ofi/Ol109 Reoular Meeting MTG. DATE ATTACHMENTS OS/26/09 Informational Memorandum dated OS/26/09, STAFF REPORT L-05-29A Draft Ordinance with Exhibit. 06/01/09 Same as above, with ordinance in strike-through/underline format ITEM INFORMATION City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: 1) Tukwila South Master Plan, 2) amendments to Title 18 (Zoning Code), 3) amendments to Title 17 (Binding Site Plan), and 4) amendment to Shoreline Master Plan map ISSUE Four actions went before the Planning Commission for review and are now before the City Council for action. These are related to the Tukwila South Project: 1) Tukwila South Master Plan (file L05-041), 2) amendments to Title 18, TMC (Zoning Code) (file L05-029A), 3) amendments to Title 17, TMC (Binding Site Plan) (file L05-029B), and 4) amendment to Shoreline Master Plan map (L05-030) BACKGROUND Staff reports for each of these actions have been prepared and are attached to this Informational Memorandum. The Planning Commission held four public hearings on September 29, 2005, reviewed all four proposals and voted unanimously to recommend approval to City Council. DISCUSSION Public hearings on all four issues have been scheduled for May 26, 2009. Deliberations on these issues, as well as on the Tukwila South Project Development Agreement, have also been scheduled for the May 26,2009 Committee of the Whole meeting. RECOMMENDATION The Council is being asked to conduct deliberations on these issues after the public hearings at the May 26,2009 Committee of the Whole meeting and forward subsequent to the June 1, 2009 Regular meeting for action. ATTACHMENTS Staff Report Regarding Tukwila South Master Plan (file L05-041). Staff Report Regarding Zoning Code Amendments (file L05-029A). Staff Report Regarding Amendments to the Subdivision (file L05-029B). Staff Report Regarding Shoreline Master Plan Map Amendment (L05-030). Ordinance adopting Tukwila South Master Plan. Ordinance adopting amendments to Title 18, TMC (Zoning Code). Ordinance adopting amendments to Title 17, TMC (Binding Site Plan). Ordinance adopting Shoreline Master Plan map amendment. STAFF REPORT TO THE CITY COUNCIL REGARDING ZONING CODE AMEl\T))MENTS PUBLIC HEARING: May 26, 2009 NOTIFICATION: Notice of the public hearing was published in the newspaper on May 11,2009. The Notice was mailed to property owners and occupants within 500 feet of the Tukwila South Project boundaries on May 7, 2009. It was posted at two locations on the TUDvila South property. FILE NUMBER: L05-029A APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Amend City of TUDvila's Zoning Code (Title 18, TMC), including adoption of a new Tukwila South Overlay District (proposed TMC 18.41 ) LOCATION: City-wide SEPA DETERMINATION: Tukwila South Project Draft Environmental Impact Statement (DEIS) was issued AprilS, 2005. The Final EIS was issued on July 7, 2005. An Addendum to the Final EIS was issued on September 23,2005 STAFF: Lisa Verner ATTACHMENTS: Zoning Code Amendments Design Guidelines Map of property ovvned or leased by La Pianta LLC Staff RepOli to Council - Zoning Code Changes Page 2 FINDINGS Description of Request The applicant requests amendments to Title 18, TMC to implement the proposed Tukwila South Master Plan required by the Comprehensive Plan. The proposed amendments create a new district called Tukwila South Overlay (TSO) in Chapter 18.41. They also propose changes in defInitions, administrative design review, setbacks, uses, and administration and enforcement. A Tukwila South Design Manual (design guidelines) is also proposed to guide commercial development in the TSO. In general, the amendments are to implement the new TSO district and integrate it with the existing code. The proposed amendments will be discussed in sections as follows: 1. DefInitions 2. Tukwila South Overlay 3. Other Zoning Code changes 4. Tukwila South Design Manual Background and Site Information The applicant is proposing the amendments in conjunction with it's proposal for the Tubvila South Project, a mixed-use, master planned development of between 10.3 and 14 million square feet in a large-scale, campus settLllg on approximately 500 contiguous acres. The Tukwila South Project is generally located south of S 180th Street, west ofthe Green River, north of S 204th Street, and east of Orillia Road S/I-5. The Tukwila South Project proposal is described in detail in the Tukwila South Draft and Final EIS. Application of the proposed Tukwila South Overlay (TSO) to specifIc properties will be decided by the City Council per Chapter 18.84 of the Zoning Code. The other proposed changes would apply citywide. The TSO will be applied to the entire area covered by the Tukwila South Master Plan. A copy ofthe Tukwila South Master Plan is included with this notebook. The Master Plan, TSO, and Design Manual are connected and present policies, requirements and guidelines for the Tukwila South Project area. A map of property owned or leased by the applicant is included with this report. There are several properties not owned by the applicant that are included in the area to which the TSO designation may ultimately be applied by the City Council. These properties are owned by Gaco Western, a paint coating business; Mitchell Moving & Storage; and the Tukwila Historical Staff Report to Council - Zoning Code Changes Page 3 Proposed Amendments Generally, the proposed amendments came from the applicant. Staff reviewed them and agreed with most, but organized them differently to be better integrated with the existing Zoning Code. In some cases, staff did not incorporate applicant proposed changes into its recommendations. Overall, staff found the applicant's proposals to be appropriate and consistent with the Tukwila Comprehensive Land Use Plan. 1. Definitions Changes are made to add defInitions for uses which are contemplated by the applicant as possibly being located in the Tukwila South Project. Some existing defInitions are amended to update them. These can be found in the revisions to Chapter 18.06, TMC. New uses such as "Continuing Care Retirement Community" and "Research and Development Facility" are added. Most of the uses contemplated by applicant are already found in the Zoning Code and no changes were needed. The terms "Design Criteria" and "Design Guidelines" are amended to address design review issues and to include the DCD Director as a decision-maker. 2. Tukwila South Overlay District A new district is proposed as an overlay to implement the Tukwila South Master Plan called for in the City's Comprehensive Plan. It would be in addition to, and overlay, the existing zoning on applicant's property. The TSO requirements supercede the provisions ofthe underlying zoning districts. The text can be found in the new Chapter 18.41, TMC. Permitted uses are identifIed and generally include commercial, retail, light industrial, business park, office, and residential. Accessory uses are defmed, as are conditional uses and unclassifIed uses. Design review is required for all development, with a limited number of exemptions. SpecifIc criteria are identifIed for the design review, including "substantial conformance with the criteria contained in the Tukwila South Design Manual." Design review is proposed to be administrative and the DCD Director is the decision-maker, with appeals going to the Board of Architectural Review (Type 2 process). Basic development standards are included for non-residential uses. Standards for residential uses are to be completed at a future date (applicant has not proposed standards at this point). Performance standards can be modifIed in individual cases if the stated criteria are met. Staff Report to Council - Zoning Code Changes Page 4 3. Other Zoning Code Changes Other sections of Title 18, TMC have proposed amendments to integrate the new TSO into the rest of the Zoning Code and to update the Code based on the ideas from the applicant's proposals. The text can be found in the revisions to Title 18, TMC. Chapter 18.36 - MIC/L: "Research and development facilities" is added as a new use. Chapter 18.38 - MICIH: "Research and development facilities" is added as a new use. Chapter 18.40 - TVS: "Research and development facilities" is added as a new use. Section 18.40.075 is deleted as it will be met through Council adoption of the Tukwila South Master Plan and these amendments. Chapter 18.52 - Landscape, etc: Setbacks for the TSO are added. Chapter 18.60 - Board of Architectural Review: The title is changed to "Design Review." SpecifIc design review criteria for TSO are added for site design, building design, landscape and signage. The design review approval process is amended to include the DCD Director as the decision-maker for administrative design review. Chapter 18.104 - ClarifIcations are made to the charts for Type 1 and Type 2 decisions. NOTE: The following chapters of the Zoning Code have one change in a reference to TMC 18.60 and changes "Board of Architectural Review" to "Design Review" in keeping with the new name of this chapter. 18.10 LDR Low Density Residential 18.12 MDR Medium Density Residential 18.14 HDR High Density Residential 18.16 MUO Mixed Use Office 18.18 0 Office 18.20 RCC Residential Commercial Center 18.22 NCC Neighborhood Commercial Center 18.24 RC Regional Commercial 18.26 RCM Regional Commercial Mixed Use 18.28 TUC Tukwila Urban Center 18.42 Public Recreation Overlay 4. Tukwila South Design Manual The Tukwila South Design Manual is applied to developments that are subject to the Design Review process pursuant to Chapter 18.41, TMC (the new TSO). These are Type 2 decisions with the DCD Director as decision-maker. The Tukwila South Design Manual can be found in this notebook (printed on blue paper). The Design Manual is organized into four major sections: site design, building design, landscape design, and signage. Within each section, a supporting design topic is identifIed (for example, under Site Design, a design topic might be "pedestrian Staff Report to Council - Zoning Code Changes Page 5 environment"); within each supporting design topic are 1) an intent statement, 2) design criteria, and 3) design guidelines. The Design Manual gives further explanation and guidance to an applicant beyond the criteria listed in the new TSO and must be addressed by an applicant for site plan review approval (see 18.41.070.D.9, TMC). Staff supports Administrative Design Review for larger projects such as the Tukwila South Proj ect because of the detailed criteria and design manual. Review Process Amendments to Title 18, TMC (development regulations/Zoning Code) are legislative decisions, reviewed by the Planning Commission, which makes a recommendation to the City Council after holding a public hearing and deliberations. The Planning Commission held a public hearing and took testimony on the proposed amendments, temporary worker housing, and warehouse uses as conditional uses; considered the staff recommendation; deliberated; and made a recommendation to the City Council on September 29,2005. Now the City Council will hold a public hearing, and make a decision to approve, approve with modifIcations, or deny the amendments. CONCLUSIONS The proposed amendments to Title 18, TMC, including the new Chapter 18.41 Tukwila South Overlay, provide a framework for review and approval of development within the Tukwila South Master Plan area. The approval criteria and design manual provide specifIc and clear direction to decision-makers. The changes to defmitions and other sections of the Zoning Code integrate the TSO within the existing structure ofthe city's development regulations. The proposed amendments are consistent with and will implement the policies of the Tukwila Comprehensive Land Use Plan. STAFF RECOMMENDATION TO PLANNING COMMISSION That the Planning Commission recommend approval of the staff-proposed amendments to Title 18, TMC, including the Tukwila South Design Manual, to the City Council. PLAL~G COMMISSION RECOMMENDATION TO CITY COUNCIL That the City Council approve the amendments to Title 18, TMC, (Zoning Code) including the Tubvila South Design Manual, with the staff-proposed changes and the following additional amendments: . Add "RCC" to TMC 18.41.020.2.a(1), Permitted Uses . Add "bio-tech/life sciences" in TMC 18.41.010, second paragraph, . Amend TMC 18.60.050.F.Building Design.B.l and 2 to delete "(TIB)" and "(Redmond)" from the end of each line item Staff Report to Council- Zoning Code Changes Page 6 . Amend TMC 18.41.020, Permitted Uses, to add "warehouse" as a nevv use . Amend TMC 18.41.040.B, Conditional Uses, to add more conditional uses . Add a new section TMC 18.41.060, Temporary Uses, to allow temporary worker housing ADMINISTRATION RECOMMEl\T))ATION TO CITY COUNCIL Administration has reviewed the amendments proposed by the Plalli'1ing Commission and discussed these with Tukwila South representatives through negotiations on the Development Agreement. The Administration is fIrmly opposed to additional warehouse uses (beyond existing uses) and to temporary worker housing. Both of these uses have been withdrawn by the applicant. The Administration supports the following changes recommended by the Planning Commission: 1. Add "bio-tech/life sciences" in TMC 18.41.010, second paragraph. 2. Add "RCC" to TMC 18.41.020.2.a(1), Permitted Uses. LAmend TMC 18.60.050.F.Building Design.B.l, .2 and .3 to delete "(TIB)" and "(Redmond)" from the end of each line item. These changes have been incorporated in the amendments to Chapter 18, TMC that are included in this notebook. Administration recommends City Council approve the new Tukwila South Overlay District and other amendments to TitlcSection 18, TiVIC. including the Tukwila South Design :Manual, as included in this notebook. D~il~T . i!I....r-"'~ >l AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWIL~ WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO REFLECT THE ADDITION OF A NEW "TUKWILA SOUTH OVERLAY" DISTRICT; ADOPTING THE TUKvVILA SOUTH DESIGN MANUAL; REPEALING ORDINANCE NO. 175881 (PART); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to implement the proposed Tukwila South Master Plan as required by the City's Comprehensive Land Use Plan; and WHEREAS, the City also desires that its Zoning Code include development regulations for the Tukwila South area through creation of a new district called the Tukwila South Overlay ("1'50"); and vVHEREAS, the proposed amendments include changes in definitions, administrative design review, setbacks, uses, and administration and enforcement; and vVHEREAS, the City also desires to adopt a Tukwila South Design Manual to provide design guidelines for commercial development in the TSO; and WHEREAS, the proposed a.rnendments to the Zoning Code will implement the new 1'50 district and integrate regulations for that district with the existing code; and WHEREAS, on May 26, 2009, an open record public hearing was held on the Zoning Code amendments, the new Tukwila South Overlay district, and adoption of the Tukwila South Design Manual; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Definition Added. A new definition is hereby added to TMC Chapter 18.06 to read as follows: Continuing Care Retirement Community "Continuing care retirement community" means housing planned and operated to provide a continuum of accommodations and services for seniors including, but not limited to, at least two of the following housing types: independent living, congregate housing, assisted living, and skilled nursing care. Section 2. Definition Added. A new definition is hereby added to TMC Chapter 18.06 to read as follows: Research and Development Facility "Research and development facility" means a use in which research and experiments leading to the development of new products or tedmology are conducted. This definition includes, but is not limited to, facilities engaged in all aspects of bio- medical research and development. This use may be associated with, or accessory to, institutional and commercial uses such as business or administrative offices and medical facilities. Section 3. Ordinance Amended. Ordinance No. 1865 81, as codified at TMC 18.06.203, is hereby amended to read as follows: W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn OS/27/2009 Page 1 of 30 18.06.203 Design Criteria "Design criteria" explains mandatory design requirements for development proposals subject to design review. They are the decision criteria by which the Board of Architectural Review or DCD Director decides whether to approve, condition or deny a project. Section 4. Ordinance Amended. Ordinance No. 1865 92, as codified at TMC 18.06.204, is hereby amended to read as follows: 18.06.204 Design Guidelines "Design guidelines" consist of advisory or recommended descriptions and illustrations that augment each design criteria, and provide guidance to the project applicant developing the project, to City staff in reviewing a project proposal, and to the Board of Architectural Review or DCD Director in determining whether the project meets the design criteria. Section 5. Ordinance Amended. Ordinance No. 1758 81 (part), as codified at TMC 18.08.010, is hereby amended to read as follows: 18.08.010 Use Districts In order to classify, segregate and regulate the uses of land, buildings, and structures, the City is divided into the following use districts: LDR Low Density Residential MDR Medium Density Residential HDR High Density Residential MUO Mixed Use Office o Office RCC Residential Commercial Center NCC Neighborhood Commercial Center RC Regional Commercial RCM Regional Cormnercial Mixed-use TUC Tukwila Urban Center C/LI Commercial/Light Industrial LI Light Industrial HI Heavy Industrial MIC/L Manufacturing Industrial Center/Light MIC/H Manufacturing Industrial Center/Hea'vy TSO Tukwila South Overlay TVS Tukwila Valley South PRO Public Recreation Overlay SOD Shoreline Overlay SAOD Sensitive Areas Overlay Section 6. Ordinance Amended. Ordinance Nos. 2021 98, 1997, 1986 913,197499, 195482,1814132,1774133, and 1758 131 (part), as codified at TMC 18.36.020, are hereby amended to read as follows: 18.36.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center/Light Industrial district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCe, RC, RCM or TUC zone districts or any other residentially-zoned property; W:\ Word Processing\ Ordinances\ Tukwila South TiUe 18 Zoning Code .".mend.doc LV:l:sn OS/Z7 /2009 Page 2 of 30 (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.36.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line betw'een the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building); 3. Beauty or barber shops; 4. Bicycle repair shops; 5. Brew pubs; 6. Bus stations; 7. Commercial laundries; 8. Contractor storage yards; 9. Day care centers; 10. Hea,,)' equipment repair and salvage; 11. Hotels; 12. Industries involved with etching, film processing, lithography, printing, and publishing; 13. Internet datal telecommunication centers; 14. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing; 15. Libraries, museums or art galleries (public); 16. Manufacturing, processing and/ or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment; 17. Manufacturing, processing and/ or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging; 18. Manufacturing, processing and/ or packaging of food, including but not limited to, baked goods, beverages (including fermenti..'lg and distilling), candy, canned W:\ Word Processing\ Ordinances\ Tuk'wiIa South Title 18 Zoning Code Amend.doc LV:ksn OS/Zl/2009 Page 3 of 30 or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted); 19. Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs; 20. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood; 21. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment; 22. Motels; 23. Offices including, but not limited, to software development and siIrilar uses, financial services, schools and studios for education or self-improvement less than 20,000 square feet; 24. Outpatient, inpatient, and emergency medical and dental; 25. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation; 26. Railroad tracks, (including lead, spur, loading or storage); 27. Recreation facilities (commercial- indoor) - athletic or health clubs; 28. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks); 29. Rental of commercial trucks and fleet rentals requiring a commercial driver's license; 30. Research and development facilities; 31. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant; 32. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title; 33. Salvage and wrecking operations that are entirely enclosed within a building; 34. Self-storage facilities; 35. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet v.nth a front yard setback of 100 feet; security required; 36. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title; 37. Taverns, nightclubs; 38. Telephone exchanges; 39. Tow truck operations, subject to all additional State and local regulations; 40. Truck terminals; 41. Warehouse storage and/ or wholesale distribution facilities; 42. Other uses not specifically listed in this title, which the Director determines to be: 1'1:\ Word PrOC€S5ing\ Onlinances\ TukwiJa South Title 18 Zoning Code Amend.doc LV:l:.sn OS/27/2009 Page 4 of 30 a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 7. Ordinance Amended. Ordinance Nos. 2021 S9, 1986 S14, 1974 S10, 1971 S16, 1814 S2, 1774 S4, and 1758 Sl (part), as codified at TMC 18.38.020, are hereby amended to read as follows: 18.38.020 Permitted Uses The following uses are permitted outright within the Manufacturing Industrial Center - Heavy Industrial district, subject to compliance 1,,,ith all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertairunent establishments are permitted, subject to the following location restrictions: a. No adult entertairunent establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCM or ruc zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.38.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertairunent establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line behveen the nearest points of public entry into each establishment. 2. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 3. Beauty or barber shops. 4. Bicycle repair shops. 5. Brew pubs. 6. Bus stations. 7. Computer softw-are development and similar uses. 8. Contractor storage yards. 9. Day care centers. 10. Financial: a. banking; b. mortgage; c. other services. W:\ Word Processmg\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc L V:ksn 05/'17/2009 Page 5 of 30 11. Heavy equipment repair and salvage. 12. Heavy metal processes such as smelting, blast furnaces, drop forging, or drop harrunering. 13. Hotels. 14. Industries involved with etching, film processing, lithography, printing, and publishing. 15. Internet datal telecommunication centers. 16. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing. 17. Libraries, museums or art galleries (public). 18. Manufacturing, processing and/ or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering). 19. Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses. 20. Manufacturing, processing and/ or assembling previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand-forging. 21. Manufacturing, processing and/ or assembling of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment. 22. Manufacturing, processing and/ or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 23. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 24. Manufacturing, processing, and/ or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 25. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 26. Motels. 27. Offices; must be associated with another permitted uses (e.g., administrative offices for a manufacturing company present within the MIe). 28. Outpatient, inpatient, and emergency medical and dental. 29. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 30. Railroad tracks (including lead, spur, loading or storage). 31. Recreation facilities (commercial - indoor), athletic or health clubs. 32. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks). W:\ Word Proce.s.s-L..g\ Ordinances\ Tukwila South Title 18 Zoning Code ?.mend.dcc LV:ksn OS/27/2009 Page 6 of 30 33. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 34. Research and development facilities. 35. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 36. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 37. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 38. Salvage and wrecking operations. 39. Schools and studios for education or self-improvement. 40 . Self-storage facilities. 41. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 42. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 43. Taverns, nightclubs. 44. Telephone exchanges. 45. Tow truck operations, subject to all additional State and local regulations. 46. Truck terminals. 47. Warehouse storage and/ or wholesale distribution facilities. 48. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. Section 8. Ordinance Amended. Ordinance Nos. 2097 317, 2021310,1986315,1974 311, 1971 317, 1830 325, 1814 32, 17"74 35, and 1758 31 (part), as codified at TMC 18.40.020, are hereby amended to read as follows: 18.40.020 Permitted Uses The following uses are permitted outright within the Tukv,rila Valley South district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located V\rithin or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, lvfUO, 0, NCC, RC, RCM or TUC zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: W:\ Word Processing\ Ordinances\ Tukwila 50uth Title 18 Zoning Code Amend.doc LV:ksn OS/27/2009 Page 7 of 30 (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.40.020.1.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial required. 3. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 4. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 5. Beauty or barber shops. 6. Bicycle repair shops. 7. Billiard or pool rooms. 8. Brew pubs. 9. Bus stations. 10. Cabinet shops or carpenters shops employing less than five people. 11. Commercial laundries. 12. Commercial parking subject to TMC Chapter 18.56, "Off-Street Parking and Loading Regulations." 13. Computer software development and similar uses. 14. Contractor storage yards. 15. Convalescent and nursing homes for not more than twelve patients. 16. Convention facilities. 17. Day care centers. 18. Dwelling - One detached single-family unit per existing lot (includes factory built or modular home that meets DEC). 19. Farming and farm-related activities. 20. Financial: a. banking; b. mortgage; c. other services. 21. Fix-it, radio or television repair shops! rental shops. W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 05/7J/= Page 8 of 30 22. Fraternal organizations. 23. Frozen food lockers for individual or family use. 24. Greenhouses or nurseries (commercial). 25. Heavy equipment repair and salvage. 26. Hotels. 27. Industries involved with etching, film processing, lithography, printing, and publishing. 28. Internet datal telecommunication centers. 29. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing. 30. Libraries, museums or art galleries (public). 31. Manufacturing, processing. and/or packaging of food, including but not limited to, baked goods, beverages (including fermenting and distilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 32. Manufacturing, processing and/ or packaging pharmaceuticals and related products, such as cosmetics and drugs. 33. Manufacturing, processing, and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 34. Manufacturing, processing, assembling, packaging and/ or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 35. Medical and dental laboratories. 36. Mortician and funeral homes. 37. Motels. 38. Offices, including: a. medical; b. dental; c. government; excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 39. Outpatient, inpatient, and emergency medical and dental. 40. Pawnbrokers. 41. Planned shopping center (mall). 42. Plumbing shops (no tin work or outside storage). 43. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 44. Railroad tracks (including lead, spur, loading or storage). 45. Recreation facilities (commercial- indoor), athletic or health clubs. 46. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. W:\ Word Processing\ Ordinances\TukwiIa South Title 18 Zoning Code Amend-doc LV:ksn OS/27/2009 Page 9 of 30 47. Rental of vehicles not requrrmg a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks). 48. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 49. Research and development facilities. 50. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 51. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 52. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lav>'Il and garden supplies, farm supplies. 53. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the L<mdscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 54. Salvage and wrecking operations that are entirely enclosed vvithin a building. 55. Schools and studios for education or self-improvement. 56. Self-storage facilities. 57. Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 58. Studios - art, photography, music, voice and dance. 59. Taverns, nightclubs. 60. Telephone exchanges. 61. Theaters, excluding "adult entertainment establislunents," as defined by this code. 62. Tow truck operations, subject to all additional State and local regulations. 63. Truck terminals. 64. Warehouse storage and/ or wholesale distribution facilities. 65. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible "With other uses permitted outright within this district; b. consistent with the stated purpose of this district; and c. consistent with the policies of tlle Tukwila Comprehensive Plan. Section 9. Ordinance Amended. Ordinance Nos. 1991 s10, 1976 s61, 1865 s47, and 1758 sl (part), as codified at TMC 18.40.050, are hereby amended to read as follows: 18.40.050 Unclassified Uses The following uses may be allowed within the Tukwila Valley South district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Cement manufacturing. W:\ Word Processing\ Ordinances\Tukwila South Title 18 Zoning Code Amencidoc LV:ksn OS/27/2009 Page 10 of 30 3. Electrical substation - transmission/ switching. 4. Essential public facilities, except those uses listed separately in any of the districts established by this title. 5. Hydroelectric and private utility power generating plants. 6. Landfills and excavations the responsible official, acting pursuant to the State Envirorunental Policy Act, determines are significant envirorunental actions. 7. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 8. Railroad freight or classification yards. 9. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits, together with associated structures. 10. Transfer stations (refuse and garbage) when operated by a public agency. 11. Mass transit facilities. Section 10. Chapter Created. A new TMC Chapter 18.41, "Tukwila South Overlay (TSO) District," is hereby created to read as follows: 18.41.010 Purpose A. This district implements the Tukwila South Master Plan designation and related policies and provisions of the Tukwila Comprehensive Plan. As an overlay district, the Tukwila South Overlay (TSO) district may be applied by the City Council to any property lying within the Comprehensive Plan's Tukwila South Master Plan Area. Within the Tukwila South Overlay, the provisions of this chapter shall supersede the provisions of the underlying zoning district. B. The Tukwila South Overlay district is intended to create a multi-use regional employment center containing high technology, office, commercial, and residential uses. National and international employers specializing in emerging teclmologies (bio- tech/life sciences) are featured in campus settings. Retail activities range from individual large-scale national retailers to gateway and village retail and shopping centers that support office and high-tech campuses and residential neighborhoods. A mix of single-family and multi-family dwellings at low, medium, and high densities provide a variety of housing opportunities. Tukwila South will create a memorable and regionally identifiable place by building upon the Northwest tradition of quality outdoor envirorunents and quality building materials, combined with traditional Puget Sound building elements. 18.41.020 Permitted Uses The following uses are permitted outright within the Tubvila South Overlay district, subject to compliance with all other applicable requirements of the Tukwila Municipal Code. 1. Adult day care. 2. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall be allowed within the following distances from the following specified uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, HDR, MUO, 0, NCC, RC, RCC, RCM or ruc zone districts or any other residentially zoned property; (2) In or within 1/2 mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools, or any facility owned or operated by such schools, and W:\ Word Processing\ Ordinances\ TukwiJa South Title 18 Zoning Code Amend-doc LV:ksn OS/Zl /2009 Page 11 of 30 (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail, or public recreational facility; or (b) church, temple, synagogue or chapel, or (c) public library. b. The distances specified in TMC 18.41.020.2.a. shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line behveen the nearest points of public entry into each establishment. 3. Amusement parks. 4. Automobile, recreational vehicles or travel trailer sales rooms and travel trailer or used car sales lots. No dismantling of cars or travel trailers or sale of used parts allowed. 5. Automotive services: a. gas, outside pumps allowed; b. washing; c. body and engine repair shops (enclosed within a building). 6. Beauty or barber shops. 7. Bed and breakfast lodging. 8. Bicycle repair shops. 9. Billiard or pool rooms. 10. Brew pubs. 11. Bus stations. 12. Cabinet shops or carpenters shops employing less than five people. 13. Colleges and universities. 14. Computer software development and similar uses. 15. Continuing care retirement facility. 16. Convalescent and nursing homes. 17. Convention facilities. 18. Day care centers. 19. Dwelling (allowed after residential design manual with criteria for approval is adopted by ordinance): a. one detached single-family unit per lot; b. multi-family; c. multi-family units above office and retail space; d. senior citizen housing. 20. Electrical substation and distribution. 21. Farming and farm-related activities. 22. Financial: a. banking; b. mortgage; c. other services. W:\ Word Processing\ Ordinances\ Tukwila Souih Title 18 Zoning Code Amencldoc LV:ksn OS/27/= Page 12 of 30 23. Fire and police stations. 24. Fix-it, raclio or television repair shopsf rental shops. 25. Fraternal organizations. 26. Frozen food lockers for individual or family use. 27. Greenhouses or nurseries (commercial). 28. Hospitals, sanitariums and similar uses. 29. Hotels. 30. Industries involved with etching, film processing, lithography, printing, and publishing. 31. Internet dataf telecommunication centers. 32. Laundries: a. self-serve; b. dry cleaning; c. tailor, dyeing. d. commercial. 33. Libraries, museums or art galleries (public). 34. Manufacturing, processing andf or packaging of food, including but not limited to, baked goods, beverages (including fermenting and clistilling), candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods and meats (provided that no slaughtering is permitted). 35. Manufacturing, processing andf or packaging pharmaceuticals and related products, such as cosmetics and drugs. 36. Manufacturing, processing, andf or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, clay, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood. 37. Manufacturing, processing, assembling, packaging andf or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment. 38. Meclical and dental laboratories. 39. Motels. 40. Movie theaters with three or fewer screens. 41. Neighborhood stormwater detention and treatment facilities. 42. Offices, including: a. medical; b. dental; c. government, excluding fire and police stations; d. professional; e. administrative; f. business, such as travel, real estate; g. commercial. 43. Outpatient, inpatient, and emergency meclical and dental. 44. Pavvnbrokers. 45. Planned shopping center (mall) up to 500,000 square feet. 46. Plumbing shops (no tin work or outside storage). 47. Parks, trails, picnic areas and playgrounds (public) but not including amusement parks, golf courses, or commercial recreation. 48. Private stable. W:\ Word Precessing\ Ordinances\ Tukwila South Title 18 Zoning Code Arnend.dec LV:ksn OS/Zl /'lfJJ9 Page 13 of 30 49. Recreation facilities (commercial- indoor), athletic or health clubs. 50. Recreation facilities (commercial - indoor), including bowling alleys, skating rinks, shooting ranges. 51. Rental of vehicles not requiring a commercial driver's license (including automobiles, sport utility vehicles, mini-vans, recreational vehicles, cargo vans and certain trucks). 52. Rental of commercial trucks and fleet rentals requiring a commercial driver's license. 53. Research and development facilities. 54. Restaurants, including: a. drive-through; b. sit down; c. cocktail lounges in conjunction with a restaurant. 55. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items. 56. Retail sales of furniture, appliances, automobile parts and accessories, liquor, lumber/building materials, lawn and garden supplies, farm supplies. 57. Sales and rental of heavy machinery and equipment subject to landscaping requirements of the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 58. Schools and studios for education or self-improvement. 59. Self-storage facilities. 60. Sewage lift stations. 61. Storage (outdoor) of materials allowed to be manufactured or handled V\-ithin facilities conforming to uses under this chapter, and screened pursuant to the Landscape, Recreation, Recycling/Solid Waste Space Requirements chapter of this title. 62. Studios - art, photography, music, voice and dance. 63. Taverns, nightclubs. 64. Telephone exchanges. 65. Theaters for live performances only, not including adult entertainment establishments. 66. Tow truck operations, subject to all additional State and local regulations. 67. Water pump station. 68. Vehicle storage (no customers onsite, does not include park-and-fly operations). 69. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible V\-ith other uses permitted outright within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.030 Accessory Uses Uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are allowed within the Tukwila South Overlay district as follows: W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc L V:ksn 05/Ll /2009 Page 14 of 30 1. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; c. one of the residences is the primary residence of a person who owns at least 50% of the property; d. dwelling unit is incorporated into the primary detached single-family residence, not a separate unit, so that both units appear to be of the Sarrle design as if constructed at the Sarrle time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and f. the units are not sold as condominiums. 2. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities, colleges or schools. 3. Family child care home, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Home occupations. 5. Parking areas. 6. Recreational area and facilities for employees. 7. Residences for security or maintenance personneL 8. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other accessory uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.040 Conditional Uses The following uses may be allowed within the Tukwila South Overlay district, subject to the requirements, procedures, and conditions established by the Conditional Use Permits chapter of this title and subject to a determination that the use is consistent with and furthers the vision and principles established by the Tukwila South Master Plan. 1. Cemeteries and crematories. 2. Churches and community center buildings. 3. Helipads, accessory. 4. Utilities, regional. 5. Mortician and funeral homes. 6. Park-and-ride lots. 7. Radios, television, microwave, cellular or observation stations and towers. 8. Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble work, and the assembly of products from the above materials. 9. Schools, preschool, elementary, junior or high schools (public), and equivalent private schools. W:\ Word Processing\ Ordinanccs\ Tukwila South Title 18 Zoning Code Ame....d.doc LV:ksn 05/17 /"2f:1J9 Page 15 of 30 10. Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required. 11. Other uses not specifically listed in this title, which the Director determines to be: a. similar in nature to and compatible with other conditional uses permitted within this district; and b. consistent with the stated purpose of this district; and c. consistent with the policies of the Tukwila Comprehensive Plan. 18.41.050 Unclassified Uses The following uses may be allowed within the Tuk,vila South Overlay district, subject to the requirements, procedures and conditions established by TMC Chapter 18.66, Unclassified Use Permits. 1. Airports, landing fields and heliports (except emergency sites). 2. Electrical substation - transmission/ switching. 3. Essential public facilities, except those uses listed separately in any of the districts established by this title. 4. Mass transit facilities. 5. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides, except for accessory storage of such materials. 18.41.060 Special Permission Uses The following uses may be allowed within the Tukwila South Overlay district as a Type 3 Special Permission Decision. 1. Movie theaters .vith more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed theater will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity of the proposed use or in the district in which the subject property is situated; c. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; d. The proposed theater shall be in keeping with the goals and policies of the Comprehensive Land Use Policy Plan; e. The proposed development must demonstrate substantial conformance with the Tukwila South Master Plan and the Tukwila South Overlay District Design Manual, adopted by Ordinance No. or hereafter amended; f. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 2. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5% of the floor area of the existing warehouse; b. Thc propoGcd cxpansion 'sill not incrcusc Qr.Y buildir.g dimcncion tr.at 18 legally nonconforming; b. Only one minor expansion may be permitted per warehouse in existence as of the date of adoption of the Tukwila South Overlay district; W:\ Word Processing\ Ordinances\ Tulmn]a South Title 18 Zoning Code Amencldoc LV:ksn 05/Li/= Page 16 of 30 c. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; d. The proposed development must demonstrate substantial conformance with the Tuhvila South Master Plan; e. All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 18.41.070 On-Site Hazardous Substances No on-site hazardous substance processing and handling or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the State siting criteria (RCW 70.105). (See TMC Chapter 21.08.) 18.41.080 Design Review A. The Director shall require that all development within the Tukwila South Overlay district is consistent with the policies of the Tukwila Comprehensive Land Use Plan and the Tukwila South Master Plan, and conforms to the requirements of this title and any applicable development agreement. B. Design review is required for all non-exempt development within the Tukwila South Overlay district. The applicant may submit a site plan for review for all or a portion of the area covered by the Tukwila South Master Plan. Application requirements are provided by TMC Section 18.104.060. All applications for design review within the TSO shall be processed as Type 2 decisions per TMC Chapter 18.60. Prospective applicants are encouraged to schedule a pre-application conference as provided by TMC Section 18.104.050 prior to submitting a design review application. C. The following development activities are exempt from design review: 1. Interior remodeling of existing buildings or structures. Underground utility projects. Detached single-family subdivisions subject to TMC Title 17 - Subdivisions 2. 3. and Plats. 4. Exterior repair, reconstruction, cosmetic alterations or improvements if the cost of that work is less than 10% of the building's assessed valuation. 5. Development that is categorically exempt under the State Environmental Policy Act (SEP A) (RCW 43.21C). D. Design review includes an examination of the following elements: placement and scale of structures, design, height, form, parking, access, signage, vehicular and pedestrian connections and circulation, environmental considerations, open space, landscaping, and infrastructure needs as described in the Tukwila South Master Plan or any applicable development agreement. The purposes of the review process include: 1. Allowing City staff to review the detailed arrangement of the proposed development to ensure it is consistent with the intent and scope of the Tukwila South Master Plan, as well as any applicable development regulations, zoning district provisions, design review standards, and any approved development agreement provisions. 2. Assure the proposed development is compatible with both the physical characteristics of the site, and the existing and potential uses of the surrounding area as described in an approved Master Plan. 3. Ensure compliance with the requirements of the State Environmental Policy Act (SEP A - RCW 43.21 C) and other applicable regulations and standards. E. All design review applications for development within the Tukwila South Overlay district shall be reviewed in accordance with the following criteria. Wnen tvvo W:\ Word Processing\Ordinances\ TukwiJa South Title 18 Zoning Code Amend.doc L V:ksn 05/"27/2009 Page 17 of 30 or more of the criteria listed below conflict, the Director shall evaluate the applicability and importance of each based on the intent of the Tukwila South Master Plan and reasonably balance any conflicting criteria in reaching a design review decision. 1. Substantial conformance with the Tukwila South Master Plan, including but not limited to, fostering the vision and guiding principles of the Master Plan. 2. Compliance with the applicable district standards in this title, and other applicable City regulations. Modifications to the development standards may be requested as part of design review per TMC Section 18.41.100. 3. Substantial consistency with Tukwila Comprehensive land Use Plan goals and policies. 4. Substantial conformance with the provisions of any applicable development agreement. 5. Substantial conformance with all applicable mitigation measures identified in the associated EIS or other SEP A documents. 6. Adequate public services and facilities necessary to accommodate the proposed use and density are or Will be made available. 7. The site is physically suitable for the type of development and for the intensity of development proposed. 8. Approval of the application will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties and public facilities. 9. Substantial conformance with the criteria contained in the Tukwila South Design Manual. 10. Substantial conformance with the Master Open Space and Trails Plan, if applicable. F. Upon completion of the City's review, the Director shall approve, approve with conditions or deny the application, as follows: 1. If the Director finds the application meets the applicable criteria and is consistent with the approved Master Plan for that area of the Tukwila South Overlay district, the Director shall approve the proposal. 2. Approve ",~th Conditions: If the Director finds the application does not adequately address one or more of the applicable criteria, but is consistent ",lith the approved Master Plan for the Tukwila South Overlay district, and there is a reasonable basis for conditions, the Director may approve the application with conditions. The intent of such conditions is that they mitigate an impact consistent ,vith the intent of the applicable criterion. Conditions of approval may include, but are not necessarily limited to, the relocation or modification of the proposed structures, additional landscaping, buffering, screening, relocation of access, or other measures necessary to mitigate any impact or reduce hazards. The Director shall specify when the conditions shall be met. 3. Denial: If the Director finds the application does not meet applicable criteria and reasonable conditions cannot be found to mitigate the impact or reduce hazards, the Director shall deny the application as proposed. The Director's decision must specify the reasons for the denial based upon the review criteria. 18.41.090 Basic Development Standards A Standards for residential uses will be developed at a later date. B. NON-RESIDENTIAL USES: W:\ Word PTocessing\ Ordinances\ Tu1.-wila South Title 18 Zoning Code Ame..'1d.doc L V:ksn 05/V /2009 Page 18 of 30 Lot Setbacks: NjA * ? ~ ~ R:l 54. 15 feet* 115 feet* None*; increased to 10 feet if adjacent to residential use or non-ISO Zoned Rear ublic street 15 feet None; increased to 10 feet if adjacent to residential use or non-ISO zoned Rear c <- 18.41.100 Modifications to Development Standards through Design Review A An applicant may request a modification to the Basic Development Standards established by TMC Section 18.41.090 as part of a design review application. The applicant shall submit a written description of the proposed modification and address the decision criteria stated below in subsection B; the Director may condition the approval of a modification request when such conditions are necessary to achieve conformity with these decision criteria. B. The Director may grant modifications for individual cases provided the Director shall find that: 1. The modification is required due to unique circumstances related to the subject property that create significant practical difficulties for development and use otherwise allowed by this code; 2. The modification conforms to the intent and purpose of the Tukwila South Master Plan, any applicable development agreements, and this code; 3. The modification will not be injurious to other property(s) in the vicinity; 4. The modification will not compromise the current or reasonably anticipated provision of circulation, access, utility service or any other public service; and 5. An approved modification shall be the minimum necessary to ameliorate the identified practical difficulties giving rise to the request. 18.41.110 Final Site Plan A. Within 90 days of the approval by the Director, final plans shall be prepared and filed with the City. These plans shall include all required modifications and applicable conditions contained in the Director's Notice of Decision. B. The final plans are not required to be recorded unless there is an associated land division application, such as a binding site plan or subdivision. W:\ Word Processing\Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn ()5lll 12f1J9 Page 19 of 30 18.41.120 Performance Guarantee The Building Official may not issue a Certificate of Occupancy until all improvements included in the approved plans have been installed and approved, with the following exceptions: 1. A performance guarantee has been posted for the improvements not yet completed. 2. The phasing of improvements has been accounted for in an associated Binding Site Plan, infrastructure phasing agreement, a condition of approval, or a development agreement. Section 11. Ordinance Amended. Ordinance No. 1758 31 (part), as codified at TMC 18.46.020, is hereby amended to read as follows: 18.46.020 Permitted Districts Planned residential development (PRD) may be permitted in the LDR, MDR and HDR residential districts and in the TSO district when there are wetlands, watercourses, and associated buffers on the lot. Section 12. Ordinance Amended. Ordinance Nos. 2066 31 and 198939, as codified at TMC 18.50.060, are hereby amended to read as follows: 18.50.060 Cargo Containers as Accessory Structures A. Cargo containers are allowed outright in the LI, HI, JvlICjL, MICjH and TVS zones, subject to building setbacks. B. New containers may be allowed as accessory structures in LDR, MDR, and HDR for institutional uses, and in RC, RCM, TUC, TSO and CjLI for any permitted or conditional use. All new containers are subject to a Type 2 special permission decision and the restrictions in the various zoning districts. C. Criteria for approval are as follows: 1. Only two cargo containers will be allowed per lot, maximum length of 40 feet. 2. The container is located to minimize the visual impact to adjacent properties, parks, trails and rights-of-way as determined by the Director. 3. The cargo container is sufficiently screened from adjacent properties, parks, trails and rights-of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. 4. If located adjacent to a building, the cargo container must be painted to match the building's color. 5. Cargo containers may not occupy any required off-street parking spaces. 6. Cargo containers shall meet all setback requirements for the zone. 7. Outdoor cargo containers may not be refrigerated. 8. Outdoor cargo containers may not be stacked. D. Licensed and bonded contractors may use cargo containers in any zone for temporary storage of equipment andj or materials at a construction site during construction that is authorized by a City building permit. Section 13. Ordinance Amended. Ordinance No. 1872 314 (part), as codified at TMC 18.52.020, is hereby amended to read as follows: 18.52.020 Perimeter Landscaping Requirements by Zone District A. In the various zone districts of the City, landscaping in the front, rear and side yards shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table. W:\ Word Processing\ Ordinances\ Tu.1avila South Title 18 Zoning Code Amend..doc LV:ksn 05j1Jj2fXJ9 Page 20 of 30 , Front Yard Landscape I I Landscape I Zoning (Second Type for I Side I Rear I Type for i Districts Front) Fronts Yard Yard Side/Rear I MDR 151 I Type I I 10 I 10 I Type I I HDR I 151 I Type I I 10 I 10 I Type I MUO I 15 (12.5) I TypeI6 53 53 Type I 6 I 0 I 15 (12.5) I Type 16 I 53 I 53 I TypeI6 RCC I 20 (10) 2 I Type 16 I 53 I 10 Type II I NCC 53 ! Type I 6 I 03 I 03 I Type II RC 10 I Type I I 53 03 Type II 7 I RCM 10 Type I 53 03 I Type II 7 ruc 152 I Type IS 03 03 Type II 7 C/LI 12.54 Type IS 54 04 Type II 7 LI 12.5 I Type II I 03 I 03 Type III HI I 12.5 Type II I 03 I 03 I Type III . I I MIC/L I 54 Type II 04 I 04 I Type III , MIC/H I 54 Type II I 04 I 04 I Type III TVS I 152 I Type II I 03 I 03 Type III I TSO I 158 Type I 09 I 09 I Type III Notes: 1. Minimum required front yard landscaped areas in the MOR and HOR zones may have up to 20% of their required landscape area d.eveloped for pedestrian and transit facilities upon approval as a TyPe 2 special pennission decision. 2. Required landscaping may inc/ud.e a mix of plnnt materials, pedestrian amenities and features, outdoor cafe-hJpe seating and similnr features, subject to approval as a Type 2 special pennission decision. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. 3. Increased to 10 feetif any portion of the yard is within 50 feet of LOR, MO R or HOR. 4. Increased to 15 feet if any portion of the yard is within 50 feet of LO R, MO R or HOR. 5. Increased to Type II if the front yard contains truck loading bays, service areas or outdoor storage. 6. Increased to Type II if any portion of the yard is within 50 feet of LOR, MOR or HO R. 7. Increased to Type III if any portion of the yard is within 50 feet of LO R, MO R or HOR. 8. Only required along public streets. 9. Increased to 10 feet if adjacent to residential uses or non- TSO zoning. B. The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities behveen neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. W:\ Word Processing\ Ordinances\ Tu.."vila South Tille 18 Zoning Code Amend.doc L V:ksn GS/'Zl /2f1J9 Page 21 of 30 5. Averaging does not diminish the quality of the site landscape as a whole. Section 14. Ordinance Amended. Ordinance No. 1872 S14 (part), as codified at TMC 18.52.035, is hereby amended to read as follows: 18.52.035 Interior Parking Lot Landscaping Requirements Landscaping within parking areas shall be provided as shown below. 1. Requirements for each distinctly separate parking area within the MDR and HDR zones: a. For areas with up to 20 parking stalls per parking area, no interior landscaping is required. b. For areas with 21 - 40 parking stalls per parking area, 7 square feet of interior landscape area is required for each parking stall. c. For areas with more than 40 parking stalls per parking area, 12 square feet of interior landscape area is required for each parking stall (see Multi-Family Design Guidelines, Site Planning Section, No. 31, for the normal 15 square feet to be provided). d. All parking areas shall have a perimeter landscape strip a minimum of 2 feet wide with an average width of 5 feet. 2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones: a. For lots with up to 20 parking stalls, no interior landscaping is required. b. For lots with 21 - 40 parking stalls, a minimum of 10 square feet of interior landscape area is required for each parking stall over 20. c. For lots with more than 40 parking stalls, a minimum of 200 square feet of interior landscape area plus 15 square feet for each parking stall over 40 is required. For areas placed behind buildings or otherwise screened from streets, parks and City trails the interior landscape requirement is reduced to a mini.\TIum of 200 square feet plus 10 square feet for each parking stall over 40. 3. Requirements for parking lots within the RC, RCM, TUC, C/LI, TSO and TVS zones: a. For areas adjacent to public or private streets, a minimum of 15 square feet of landscaping is required for each parking stall. b. For areas placed behind buildings or othenvise screened from streets, parks and City trails a minimum of 10 square feet of interior landscape area is required for each parking stall. 4. Planting Standards: a. Interior landscape islands shall be distributed to break up expanses of paving. Landscaped areas shall be placed at the ends of each interior row in the parking area, with no stall more than 10 stalls or 100 feet from a landscape area. b. The minimum size for interior parking lot planting islands is 100 square feet. c. Planting islands shall be a minimum of 6 feet in any direction and generally the length of the adjacent parking space. d. Raised curbs or curb stops shall be used around the landscape islands to prevent plant material from being struck by automobiles. e. A minimum of 1 evergreen or deciduous tree is required per landscape island, with the remaining area to contain a combination of shrubs, living groundcover and mulch. Section 15. Ordinance Amended. Ordinance Nos. 2118 Sl, 2005 S17, 1865 1350, and 1758 Sl (part), as codified at TMC 18.60.030, are hereby amended to read as follows: W:\ Word Processing\ OrdinancES\ Tukwila Soum Title 18 Zoning Code Ameruidoc LV:ksn OS/27/2f1J9 Page 22 of 30 18.60.030 Scope of Authority A. The rules and regulations of the Board of Architectural Review shall be the same as those stated for the Planning Commission in the bylaws of the Tukwila Planning Commission. B. The DCD Director will review projects meeting the thresholds for administrative design review. The BAR will review all other projects requiring design review approval. The Board and the DCD Director shall have the authority to approve, approve with conditions, or deny all plans submitted based on a demonstration of compliance with all of the guidelines of this chapter, as judged by the preponderance of evidence standard. C Design review is required for the following described land use actions: 1. All developments will be subject to design review with the following exceptions: a. Developments exempted in the various districts; b. Developments in LI, HI, MIC/L and MIC/H districts, except when within 300 feet of residential districts or within 200 feet of the Green/Duwamish River or that require a shoreline permit; ? Any exterior repair, reconstruction, cosmetic alterations or improvements, if the cost of that work equals or exceeds 10% of the building's assessed valuation (for costs between 10% and 25%, the changes will be reviewed administratively); a. for sites whose gross building square footage exceeds 10,000 square feet in MUO, 0, RCe, NCC, RC, RCM, TUC and C/L! zoning districts; and b. for any site in the NCe, MUO or RC zoning districts in the Tukwila International Boulevard corridor (see TMC Figure 18-9). 3. Development applications using the procedures of TMC 18.60.60, Commercial Redevelopment Area. D. For development in the NCC, Re, and MUG zones within the Tukwila International Boulevard corridor, identiJied in TMC Figure 18-9, certain landscaping and setback standards may be waived and conditioned, upon approval of plans by the BAR, in accordance with criteria and guidelines in the Tukwila International Boulevard Design Manual, as amended. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. E. No changes shall be made to approved designs without further BAR or Director approval and consideration of the change in the context of the entire project. Minor amendments to an approved project may be permitted upon request to the Director where they do not substantially change the appearance, intensity or impacts of the project. Major amendments to an approved project will require submittal of a new design review application. A major amendment is a substantial change to elements of the approved plans, including substantially revised building design, alteration of circulation patterns or intensification of development on the site. Section 16. Ordinance Amended. Ordinance Nos. 2199 920, 1986 916, 1865 951, and 1758 91 (part), as codified at TMC 18.60.050B, are hereby amended to read as follows: B. Commercial and Light Industrial Design Review Criteria. The following criteria shall be considered in all cases, except that multi-family and hotel or motel developments shall use the multi-family, hotel and motel design review criteria; developments within the MUG, NCC and RC districts of the Tukwila International Boulevard corridor (see Figure 18-9) shall use the Tukwila International Boulevard design review criteria of this chapter; and developments within the TSG district shall use the Tukwila South design review criteria instead: 1. RELATIONSHIP OF STRUCTURE TO SITE. W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn OS/Zl/2IXJ9 Page 23 of 30 a. The site should be planned to accomplish a desirable transition with streetscape and to provide for adequate landscaping and pedestrian movement. b. Parking and service areas should be located, designed and screened to moderate the visual impact of large paved areas. c. The height and scale of each building should be considered in relation to the site. 2. RELATIONSHIP OF STRUCTURE AND SITE TO ADJOINING AREA. a. Harmony of texture, lines and masses is encouraged. b. Appropriate landscape transition to adjoining properties should be provided. c. Public buildings and structures should be consistent with the established neighborhood character. d. Compatibility of vehicular pedestrian circulation patterns and loading facilities in terms of safety, efficiency and convenience should be encouraged. e. Compatibility of on-site vehicular circulation with street circulation should be encouraged. 3. LANDSCAPING AND SITE TREATMnlT. a. Where existing topographic patterns contribute to beauty and utility of a development, they should be recognized, preserved and enhanced. b. Grades of walks, parking spaces, terraces and other paved areas should promote safety, and provide an inviting and stable appearance. c. Landscape treatment should enhance architectural features, strengthen vistas and important axis, and provide shade. d. In locations where plants will be susceptible to injury by pedestrian or motor traffic, mitigating steps should be taken. e. Where builcling sites limit planting, the placement of trees or shrubs in paved areas is encouraged. f. Screening of service yards and other places that tend to be unsightly should be accomplished by use of walls, fencing, planting or combination. g. In areas where general planting will not prosper, other materials such as fences, walls and pavings of wood, brick, stone or gravel may be used. h. Exterior lighting, when used, should enhance the building design and the adjoining landscape. Lighting standards and fixtures should be of a design and size compatible vvith the building and adjacent area. Lighting should be shielded, and restrained in design. Excessive brightness and brilliant colors should be avoided. 4. BUILDING DESIGN. a. Architectural style is not restricted; evaluation of a project should be based on quality of its design and relationship to its surrounclings. b. Buildings should be to appropriate scale and in harmony with permanent neighboring developments. c. Builcling components such as windows, doors, eaves, and parapets should have good proportions and relationship to one another. Building components and ancillary parts shall be consistent with anticipated life of the structure. d. Colors should be harmonious, with bright or brilliant colors used only for accent. e. Mechanical equipment or other utility hardware on roof, ground or buildings should be screened from view. W:\ Word Processing\ Ordirumces\ Tukwila South Title 18 Zoning Code Amend.doc L V:ksn fJ5/Zl /2009 Page 24 of 30 f. Exterior lighting should be part of the architectural concept. Fixtures, standards, and all exposed accessories should be harmonious with building design. g. Monotony of design in single or multiple building projects should be avoided. Variety of detail, form and siting should be used to provide visual interest. 5. lvlISCELLANEOUS STRUCTURES AND STREET FURNITURE. a. Miscellaneous structures and street furniture should be designed to be part of the architectural concept of design and landscape. Materials should be compatible with buildings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. b. Lighting in connection with miscellaneous structures and street furniture should meet the guidelines applicable to site, landscape and buildings. Section 17. Section Added. TMC 18.60.050 is hereby amended to add a new subsection F regarding Tukwila South design criteria, to read as follows: F. Tukwila South Design Criteria. The criteria listed below and guidelines contained in the Tukwila South Design Manual shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Tukwila South Overlay district. 1. SITE DESIGN. a. Site Design Concept and Site Relationships: (1) Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. (2) Maintain visual and functional continuity between the development and adjacent properties where appropriate. b. Site Design for Safety: (1) Reduce the potential for conflicts between drivers and pedestrians. (2) Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. (3) Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. (4) Avoid light trespass beyond the boundaries of the property lines. c. Siting and Screening of Parking Areas: (1) Organize site and building designs to deemphasize vehicular circulation and parking. (2) Use building placement, walls, berms, and/or landscaping to create a distinct street edge. d. Siting and Screening of Service Areas and Mechanical Equipment: (1) Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and road"ways through site design, building design, landscaping, and screening. (2) Ensure that larger pieces of mechanical equipment are visually unobtrusive. (3) Locate and/or screen roof-mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. e. Natural Features: W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code Amend.doc LV:ksn 05/"0/2009 Page 25 of 30 (1) Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and/ or watercourses into the overall site plan where appropriate. (2) Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. f. Pedestrian and Vehicular Circulation: (1) Provide an efficient and comprehensive internal circulation system, including motorized and non-motorized access points, parking, loading, and emergencyaccessways. (2) Create on-site pedestrian networks from streets and drives to building entrances, through parking lots to connect buildings to the street, and betV'leen sites. g. Pedestrian Environment: (1) Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian/ employee environment. (2) Ensure that pedestrian amenities are durable and easy to maintain. (3) Select site furnishings that complement the building and landscape design of the development. h. Gateways: (1) Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. (2) Provide special treatment at designated gateway locations. 2. BWLDING DESIGN. a. Architectural Concept: (1) Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. (2) Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. (3) Provide distinctive building corners at street intersections through the use of architectural elements and detailing and pedestrian-oriented features where possible. (4) Provide prominent rooflines that contribute to the character of the area and are consistent with the type of building function and uses. b. Building Elements and Architectural Details: (1) Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. (2) Buildings and site design should provide an inviting entry orientation. (3) Colors used on building exteriors should integrate a building's various design elements or features. 3. LANDSCAPE AND PLANTING DESIGN. a. Landscape Design: (1) Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. W:\ Word Processing\ Ordinances\ Tukwila South Title 18 ZonL'lg Code Amend.doc LV:ksn OS/27/= Page 26 of 30 (2) Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. b. Planting Design: (1) Incorporate existing significant trees, wooded areas and/or vegetation in the planting plan where they contribute to overall landscape design. (2) Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. 4. SIGNAGE DESIGN. a. Provide signage that is consistent with the site's architectural theme. b. Manage sign elements such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. c. Provide signage that is oriented to both pedestrians and motorists in design and placement. d. Provide a wayfinding system within the development to allow for quick location of buildings and addresses, that coordinates v.':ith other sites and the district, where appropriate. Section 18. Ordinance Amended. Ordinance Nos. 2005 S18, 1865 S54, 1770 s35, and 1758 81 (part), as codified at TMC 18.60.070, are hereby amended to read as follows: 18.60.070 Design Review Process A. DECISION PROCESS. Projects meeting the thresholds for administrative design review will be processed as Type 2 decisions pursuant to TMC 18.108.020. All other design review decisions shall be processed as Type 4 decisions pursuant to TMC 18.108.040. B. APPROVAL. If the DCD Director or BAR finds the proposed development plans satisfy the applicable design criteria they shall approve the proposed development. A building permit may then be issued by the appropriate City official providing all other requirements of applicable adopted thc building code!! and ordinances of the City have been complied with. e. APPROVAL WITH CONDITIONS. If the DCD Director or BAR approves the proposed development plans with conditions, it may require that such conditions shall be fulfilled prior to the issuance of a building or occupancy permit, where appropriate. D. DENIAL. The DCD Director or BAR may deny the proposed development plans if the plans do not satisfy the criteria listed in this chapter or the applicable design manual. E. TIME Lli\1IT OF APPROVAL. Construction permitting for design review approved plans must begin within three years from the notice of decision or the approval decision becomes null and void. Section 19. Ordinance Amended. Ordinance Nos. 2135 819 and 2119 31, as codified at TMC 18.104.010, are hereby amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/ or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who vvill hold a closed record appeal hearing based on the information presented to the W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zoning Code ".mend.doc LV:ksn 05fZlf2009 Page 27 of 30 City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions DECISION MAKER As specified by ordinance Community Development Director Buildina- Official Community Development Director Community Development Director Community Development Director Communi Develo ment Director Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Planning Commission, City Council or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions INmAL APPEAL BODY TYPE OF PERMIT DECISION (open record MAKER appeal) Administrative Design Review (TMC Community Board of 18.60.030) Development Architectural Director Review Administrative Planned Residential Short Plat Hearing Development (TMC 18.46.110) Committee Examiner Binding Site Improvement Plan Short Plat Hearing (TMC Chapter 17.16) Committee Examiner Cargo Container Placement Community Hearing (TMC 18.50.060) Development Examiner Director Code Interpretation Community Hearing (TMC 18.90.010) Development Examiner Director Exception from Single-Family Design Community City Council Standard (TMC 18.50.050) Development Director Modification to Development Community Hearing Standards (TMC 18.41.100) Development Examiner Director Parking standard for use not Community Hearing specified Development Examiner cIMC 18.56.100) Director W:\ Word Processing\ Ordinances\ Tu.lcwila South Title 18 Zorling Code Amend.doc LV:ksn OS/Zl/= Page 28 of 30 Sensitive Areas Community Planning (except Reasonable Use Exception) Development Commission (TMC Chapter 18.45) Director Shoreline Substantial Development Community State Shorelines Permit (TMC Chapter 18.44) Development Hearings Board Director Short Plat Short Plat Hearing (TMC Chapter 17.12) Committee Examiner Sign Area Increase Community Planning (TMC 19.32.140) Development Commission Director Sign Permit Denial Community Planning (TMC Chapter 19.12) Development Commission Director Special Permission Parking, and Community Hearing Modifications to Certain Parking Development Examiner Standards (TMC 18.56.065 and .070) Director Special Permission Sign, except Community Planning "unique sign" (various sections of Development Commission TMC Title 19) Director Wireless Communication Facility, Community Hearing Minor (TMC Chapter 18.58) Development Examiner Director 3. Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERrvITT Resolve uncertain zone district bound Variance (zoning, shoreline, sidewalk, land alteration, si TSO S ecial Permission Use TMC 18.41.060 4. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner or the City Council, based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, which are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT INITIAL DECISION MAKER Planning Commission Planning Commission APPEAL BODY (closed record a eal City Council Hearing Examiner I Board of Architectural Review Planning Commission City Council City Council W:\ Word Processing\ Ordinances\ Tukwila South Title 18 Zorting Code AmencLdoc LV:ksn OS/27/2009 Page 29 of 30 Shoreline Conditional Use Permit Planning State Shorelines (TMC 18.44.050) Corrunission Hearings Board Subdivision - Preliminary Plat Planning City Council (TMC 17.14.020) Corrunission Unique Signs Planning City Council (TMC 19.28.010) Commission Variance from Parking Standards Planning Hearing over 10% (TMC 18.56.140) Commission Examiner Wireless Communication Facility, Planning City Council Major or Waiver Request Corrunission (TMC Chapter 18.58) 5. Type 5 decisions are quasi-judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. Type 5 Decisions 1YPE OF PERMIT DECISION MAKER Planned Residential Development (PRD), including City Council Major Modifications (TMC Chapter 18.46) Rezone (TMC Chapter 18.84) City Council Sensitive Area Master Plan Overlay (TMC 18.45.160) City Council Shoreline Environment Re-designation (Shoreline City Council Master Program) Subdivision - Final Plat City Council (TMC 17.12.030) Unclassified Use City Council (TMC Chapter 18.66) Section 20. TukwiIa South Overlay District Design Manual and Map Adopted. The City of Tukwila hereby adopts by reference, as if fully set forth herein, the "Tukwila South Overlay District Design Manual," attached hereto as Exhibit A, and the "Tub\'ila South Overlay Zoning District Map," attached hereto as Exhibit B. Section 21. Ordinance Repealed. Ordinance No. 1758 31 (part), as codified at TMC 18.40.075, is hereby repealed. Section 22. 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 23. Application of Overlay Zone. The City Council hereby applies the TSO to the properties shown on the map attached as "Exhibit B" to Ordinance No. (which Ordinance adopts the Master Plan for the subject property) (the "Master Plan Property"). Section 24. Effective Date. This ordinance or a summarv thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon the date on which all the Master Plan Property is within the municipal boundaries of the City of Tukwila. Section 25. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated Tune ,2009 (the "Development Agreement") regarding the Master Plan Property. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. AITFST / AU1HENTICATED: W:\ Word Processing\ Ordinances\ Tukwila South Tille 18 Zoning Code Amend.doc LV:ksn OS/2Z/"2009 Page 30 of 31 Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: EHective Date: Ordinance Number: Office of the City Attomey Attaclunent: Exhibit A - Tukwila South Overlay District Design Manual Exhibit B - Tukwila South Overlay Zoning District Map W:\ Word Process'.ug\ Ordinances\ Tukwila South Title 18 Zoning Code Amencidoc LV:ksn 05j2IJj2009 Page 31 of 31 Tukwila South Overlay District Design Manual Exhibit A Table of Contents L Introduction and Applicability.......................................................................1 A. Design Guideline Organization.............................. .... ............. ..... ................................................. 1 B. Land Use Categories................... .................................................................................................1 C. Applicability and Interpretation. .....,............ ,.......... ...... ................ ........................... ...................... 3 I'. Site Des ig n... ....................................................................................................5 A. Site Design Concept and Site Relationships ..........,..................................................................... 5 B. Site Design for Safety................................................................................,..................................7 C. Siting and Screening of Parking Areas.......................................................................................10 D. Siting and Screening of Service Areas and Mechanical Equipment ...........................................11 E. Natural Features........... ............ ..:................................. .............................. ........,....................... 13 F. Pedestrian and Vehicular Circulation .........................................................................................15 G. Pedestrian Environment...... .................................................................................,..................... 17 H. Gateways ..........,......... ..... ..... ....................... ...... .................................. ......................................18 III. B ui Id in 9 Desig n ..... ........................,.... ...... .... ............................................... ..21 A. Architectural Concept............ ...... .... ........................... ..... ............ .................................. ...... ....... 21 B. Building Elements and Architectural Details .................... ........................................................... 24 IV. Landscape Desig n ......,........,........ ...............,....................."....................... ..31 A. Landscape Design .......... ................ ..:.................... ............. .... .................................................... 31 B. Planting Design......... ...........,............ .................................... ...... ...... .............................,...........33 V. S i 9 n ag e .......................................................................................................... 3 5 A. Signage Design.. .............................. ....................... ................................................................... 35 04l13f200S Draft TSO District DE;-s~n Manual ii I. Introduction and Applicability A. Design Guideline Organization The Tukwila South Design Manual is organized in four major sections as follows: " Site Design .. Building Design B Landscape Design .. Signage Within each section are supporting design topics. The general structure is shown below. Major Section (e.g. Site Design) A. Supporting Design Topic (e.g. Pedestrian Environment) 1. Intent Statement: Provided to guide the application of guidelines to differing site circumstances in a consistent manner. 2. Design Criteria: General requirements to be met by non-exempt development. 3. Design Guidelines (all uses): Example measures that guide development design to meet design criteria and the design topic intent above. " Guidelines by use or category where applicable (e.g. Campus Office, Urban Office, Retail, and Light Industrial) B. land Use Categories The criteria and guidelines are written to address four major types of land use categories. These development types are generally characterized below to assist in determining applicable design criteria and design guidelines: .. . 0411312009 Draft TSO D~smct f~1ai1ual 1. Campus Office A campus office environment is distinguished by a multi-building development that frames organized open spaces. Pedestrian circulation routes focus around a campus core allow for employee collaboration, interaction and easy and convenient access to adjacent buildings and amenities. Structured and surface parking fields should be distributed around buildings and located to minimize visibility. 2. Urban Office Urban Office environments tend to have multi-story buildings oriented towards primary streets in a traditional development pattern. Building facades generally parallel front property lines and lie at the minimum setback to create a street edge. Ground floors may contain storefront retail. Parking entrances and loading tend to be accessed from secondary streets to avoid interrupting the pedestrian environment. 3. Retail Retail space should be concentrated around major focal points of interest. Retail activities range from individual large-scale national retailers to gateway and village retail and shopping centers that support office and high tech campuses and residential neighborhoods. Retail development is characterized by window displays, inviting entries, architectural accents, and signs oriented both to pedestrians and drivers. This retail development is critical to creating a lively pedestrian experience and establishing an identity for the Tukwila South area. Stand-alone (or big box) retail should be grouped with similar uses with adequate, adjacent and landscaped parking areas. Locations are close to major circulation access routes. 4. Light Industrial Light industrial developments are characterized by large-scale, high quality buildings with landscaped lots. Service areas, loading areas and refuse enclosures should be oriented away from public view, residential uses and street frontages. 2 C. Applicability and Interpretation 1. Applicability Tukwila South Design Manual is applied to developments that are subject to the Design Review process pursuant to TMC 18.41. Those activities exempt from Design Review in TCM 18.41.070 are exempt from the application of this Design Manual. 2. Interpretation Design criteria are requirements that are to be met by development subject to design review. Design guidelines are examples of how the design criteria may be met, and equivalent or alternative techniques that meet the design criteria and design topic intent are allowed. In determining the degree of applicability of a design criteria or in case of conflict or site impracticality, priority should be given to criteria related to the "public realm" such as pedestrian and vehicular circulation, site design for safety, location and orientation of buildings, and screening of incompatible uses, parking, and service areas. 3 04113/2009 II. Site Design A. Site Design Concept and Site Relationships 1. Intent Ii To ensure that Tukwila South is developed in a coordinated manner that takes into consideration the design and layout of adjacent sites and promotes a consistent, harmonious theme throughout. " To encourage appropriate transitions between developments. 2. Design Criteria 1. Organize site design elements to provide an orderly and easily understood arrangement of buildings, landscaping, and circulation elements that support the functions of the site. 2. Maintain visual and functional continuity between the development and adjacent properties where appropriate. 3. Design Guidelines General Site Layout 1. The site layout of structures, parking, driveways, and outdoor functions should be arranged and located to emphasize the aesthetically desirable components of the site, such as existing mature trees, other natural features, views, or interesting architectural features. See Natural Features, Section II.E. I 5 I 04113i2009 Draft TSO District Manual 2. Service facilities, outside storage and equipment areas, and trash enclosures should be sited in an unobtrusive manner through building and landscaping placement and design. [See Section II.D. Siting and Screening of Service Areas and Mechanical Equipment] 3. The site should be planned to accomplish a desirable transition from the streetscape and to provide for adequate landscaping and pedestrian movement. 4. Building locations, vehicular circulation systems and parking areas should be planned in a manner that can accommodate future expansion. Relationship to Neighboring Sites 5. New building setbacks along streets should consider the setbacks of neighboring structures to allow for continuity among buildings and ensure visibility from the street. 6. The orientation of the buildings should complement adjacent structures through placement, mass and scale. 7. Provide landscaped buffers and other screening techniques between adjoining sites where commercial and/or industrial uses abut low density residential development. [See Section IV-Landscape Design] 8. Link the proposed development to existing and planned sidewalk, trail, storm drainage, and utility systems to assure their efficient continuation. Focal Points 9. Look for opportunities to incorporate open spaces such as green areas, hard surface urban plazas, street parks and pocket parks. 10. Orient public open space to receive the maximum direct sunlight possible, consider using trees, overhangs and umbrellas to provide shade in the warmest months. Design such spaces to take advantage of view and solar access when available for the site. Specific to Campus Office Orientation .and Location of Buildings 11. Buildings should be oriented to focus on interior plazas, courtyards and open spaces to help identify clear pedestrian routes and building entries. 5 12. Consider clustering to enhance connectivity between similar building uses. Specific to Urban Office Uses Orientation and Location of Buildings 13. Building facades should be parallel to their front property line and at the minimum setback. 14. A building's front fa<;ades should face the primary street that that serves the development area. B. Site Design for Safety 1. Intent " To ensure that the organization of site elements contributes to the safety of pedestrians on the site. " To encourage building and site design that enhances the feeling of personal safety and property security. .. To ensure that the nighttime environment is safe and inviting. " To avoid lighting that interferes with the use of neighboring properties or streets. 2. Design Criteria 1. Reduce the potential for conflicts between drivers and pedestrians. 2. Provide building, site, and landscape designs that allow comfortable and safe navigation by employees, customers, and visitors. 3. Provide lighting at building entries, along walkways, parking areas, and other public areas to enhance safety and visibility. 4. Avoid light trespass beyond the boundaries of the property lines. 7 04/13i2009 Draft TSO District Manual 3. Design Guidelines General sne Circulation 1. Limit the number of potential encounters between pedestrians and vehicles through site design. Where pedestrians and motorist paths must cross, provide adequate sight distance and clearly delineated pedestrian ways. 2. Provide raised sidewalks, crosswalks, and pedestrian walkways where possible, or provide at-grade walkways protected by curbs and lor landscaped areas. 3. Where possible, service and delivery vehicles and loading zones should be separated from building customer and occupant traffic. VisibiJity& Sightlines 4. Grades and materials of walkways, paths, parking spaces, terraces, and other paved areas should promote safety. 5. Avoid site and building design features that create entrapment areas (such as tunnels, long corridors, and opaque fences) in locations with pedestrian activity. 6. Select and locate trees, shrubs, and ground cover that allows for adequate surveillance. 7. Consider locating windows, balconies and entries to look out on pedestrian routes, vehicular circulation routes and parking areas to allow for informal surveillance of these areas. Lighting 8. Where appropriate to the complexity of the project and the sensitivity of adjacent uses, prepare a lighting plan to identify standards, illumination levels, and other elements of lighting. 9. To promote a sense of security, provide lighting on the building fa~ade, in all pedestrian areas, parking lots, on the underside of overhead weather protections, in recessed entrances and doorways, and around street furniture. 8 10. Provide lighting at consistent lumens with a gradual transition to unlit areas. Avoid creating highly contrasting pools of light and dark areas, which can be temporarily disorienting. 11. Direct building lights onto the building itself or the ground immediately abutting to it. 12. Install nonglare parking lot or display lot light fixtures mounted above the ground to minimize the impact onto adjacent and abutting properties. Provide fixtures fitted with a cutoff type luminaire as exemplified below. total cutoff ---..;-..........: .-----=::::: PeqL ~ 'l Cq ......... 1]Q'/€lPo ................ lr€lr ......... ....." ''-'"'''' ) ---------/ --------- Cutoff Type Luminaire 13. Sign lighting should be designed to avoid glare or spillover onto neighboring properties. 14. Commercial signage should be placed facing away from low density residential properties. Specific to Retail Uses Security Measures 15. Monitoring devices mounted on the storefront exterior should be camouflaged. 16. Bars and grates are strongly discouraged; however, if shopkeepers feel such measures are necessary, bars or grates should be installed on the inside of the windows. Roll-down grates are preferred over permanently mounted bars. 9 04f13f2009 Dwn TSO District Manual C. Siting and Screening of Parking Areas 1. Intent .. To maintain active continuous sidewalks and street frontages; Ii To efficiently and appropriately locate parking areas to accommodate users and tenants. .. To minimize the visual impacts of parking areas. 2. Design Criteria 1. Organize site and building designs to deemphasize vehicular circulation and parking. 2. Use building placement, walls, berms, and/or landscaping to create a distinct street edge. 3. Design Guidelines General Parking Lot Landscaping and Screening 1. Use the following techniques to screen surface parking and create a visible street edge a. Urban Office and Mixed Use Environments: Where feasible, surface parking should be placed behind or beside buildings rather than in front to achieve compactness and pedestrian orientation. (TCP 7.7.4 and 8.5.5) Where surface parking abuts streets, use trellises, low walls, and/or landscaping to screen it. b. Retail Environments: Trellises, low walls, and/or landscaping should be used to screen surface parking. c. Campus Office and Light Industrial Environments: Consider site topography or berms in conjunction with landscaping to screen surface parking. 2. Parking spaces may be shared by two or more businesses with different peak usage times. I 10 I Specific to Campus Office and Urban Office Parking Location and Entrances 3. Structured and surface parking fields should be sited, where practicable, to provide maximum fagade visibility. 4. Parking should not be adjacent to open spaces or high public visibility areas. 5. Parking should be integrated with pedestrian circulation routes to enhance site access and minimize walking distances between buildings. Specific to Retail and Urban Office Parking Entrances and Loading Areas 6. Retail and urban office parking entrances and loading areas should be predominantly located along secondary streets. 7. Reduce the number of driveway entrances by exploring opportunities for internal connections between parking areas. Provide safe ingress/egress of vehicular traffic. Specific to Urban Office Parking Structures 8. Parking structures should reflect the design of its associated building(s). The Tukwila Parking Structure Design Guidelines should be met. 9. To the extent practical, parking structures located along public rights-of- way should incorporate fagade treatments, landscaping or other building design features to reduce aesthetic impacts. [See Sections III and IV.] D. Siting and Screening of Service Areas and Mechanical Equipment 1. Intent s To minimize the sight, odor and sound impacts of services areas. 11 0411312009 Draft TSO District Manual 2. Design Criteria 1. Reduce the visual, sound, and odor impacts of service areas from adjacent residential properties, public view and roadways through site design, building design, landscaping, and screening. 2. Ensure that larger pieces of mechanical equipment are visually unobtrusive. 3. Locate and/or screen roof mounted mechanical equipment to minimize visibility from streets, trails, and adjacent properties. 3. Design Guidelines General 1. Service areas include, but are not limited to, trash dumpsters, compactors, ground level mechanical equipment, utility vaults, loading zones, outdoor storage areas, and trash and recycling areas. 2. Screening of service areas should be accomplished by use of walls, fencing, plantings, or a combination. 3. Consideration should be given to developing common service courts between buildings and if adjacent sites. Service areas should accommodate loading, trash bins, recycling facilities, storage areas, utility cabinets, utility meters, transformers, etc. Service areas should be located and designed for easy access by service vehicles and for convenient access by each tenant. Any emissions of noise, vapor, heat or fumes should be mitigated. Loading activities should generally be concentrated and located where they will not create a nuisance for adjacent uses. 4. Mechanical or HV AC rooftop units shall be screened from public view. For example, screening may be integrated into the design and massing of the roof form or parapet walls. If mechanical equipment must be placed where it is visible, it must be screened with elements that are architecturally compatible with the building design. I 12 I E. Natural Features 1. Intent .. To protect and enhance the Tukwila South site's natural environment. " To create a comprehensive amenity system that leverages the site's assets, including the wooded hillside to the west, the Green River to the east, and views of the river valley and Mount Rainier. 2. Design Criteria 1. Incorporate natural features and environmental mitigation areas such as existing topography, significant wooded areas, wetlands, and/or watercourses into the overall site plan where appropriate. 2. Provide connections to existing and planned trails, open spaces, and parks per the Master Open Space and Trails Plan. 3. Design Guidelines General Natural Environment 1. Sensitive area tracts or public open spaces and trails should be linked with other tracts or open spaces on adjacent properties, and should be consistent with the open space network concepts in the Tukwila South Master Plan, Master Open Space and Trails Plan and Sensitive Area Master Plan Overlay (SAMP). 2. Consistent with the Tukwila South Master Plan open space network concept and SAMP, provide for a transition from built features to an informal development edge that is in keeping with the adjoining natural features being preserved. Provide physical or visual access where appropriate. Hillsides 3. Where allowed, modification of the hillside shall result in a moderately sloping, natural-appearing environment, consistent with the Tukwila South Master Plan natural environment section. ., 13 04/13/2009 Draft TSO District fiianual 4. Site and design buildings to respond to the natural features of the site, topography, and drainageways when feasible to avoid unnecessary recontouring of the land. 5. Site and design buildings to reduce impact on views from surrounding areas. This may involve techniques such as using multiple, terraced low retaining walls or rockeries; on downhill elevations articulating and screening elevations as well as providing transitional plantings. 6. Feather cut and fill areas into the natural topography surrounding the building area. Shorelines 7. For sites in the shoreline jurisdiction provide and enhance physical and visual public access opportunities in the River Environment. a. Particularly where uses are intended to facilitate public enjoyment of the shoreline, orient structures and/or land uses to the Green River. b. Provide for plaza connectors between buildings and dikes where appropriate to enhance pedestrian access and for landscaping purposes. 8. Provide a north-south pedestrian network! trail system through the Tukwila South District. The trail may align along the Green River and may connect to public and private sidewalk systems where appropriate to the environmental conditions of the shoreline and security requirements of adjacent developments. Commercial and residential developments should link to the Tukwila South trail system. 9. Connect the Tukwila South open space network to other public parks and trails along the Green River. Specific to Campus Office 10. Reduce the visual impact of buildings located on hillsides through terracing. I 14 I F. Pedestrian and Vehicular Circulation 1. Intent " To ensure that internal vehicular circulation is designed in an efficient manner. .. To encourage development organized around pedestrian oriented circulation systems, with simplified vehicular circulation to foster linkages. " To provide adequate parking with safe and convenient pedestrian access. " To provide easily identified and functional pedestrian connections within sites, between properties and/or from the public right-of-way. 2. Design Criteria 1. Provide an efficient and comprehensive internal circulation system, including motorized and nonmotorized access points, parking, loading, and emergency accessways. 2. Create on-site pedestrian networks from streets and drives to building entrances, through parking. lots to connect buildings to the street, and between sites. 3. Design Guidelines General Vehicle Circulation 1. Traffic circulation patterns should be designed to accommodate garbage collection trucks, moving vans, delivery trucks, emergency service vehicles as well as passenger cars. 2. Take advantage of opportunities for shared driveways and coordinate parking areas with adjoining sites to limit the number of access driveways. i5 04113/2009 Draft. TSO District tfianual Transit 3. Ensure that public transportation facilities such as bus shelters, bus pullouts, and other similar features are accommodated in appropriate locations consistent with transit operator plans. 4. When appropriate, look for opportunities to accommodate future regional transit facilities into development plans. Non-motorized circulation 5. Bicycle lanes shall be included where public or private street standards require them. [See Section II. G. regarding bicycles] 6. Pedestrian walkways. a. Definition: Pedestrian walkways are located on parcels/lots. Pedestrian walkways are typically 4 to 6 feet in width, and consist predominantly of an all weather walking surface. b. Visual Prominence: Pedestrian walkways should be made visually prominent through techniques such as paving, landscaping, and lighting. Consider using raised concrete pavement where a walkway traverses between parking stalls and/or is adjacent to vehicular circulation. c. Connection to Streets: New development, excluding secured sites and areas, should provide convenient and safe pedestrian access to adjacent streets. d. Through-Block Locations: Through-block pedestrian connections are encouraged through larger sites and districts. e. Parking Areas: Pedestrian walkways should be provided through parking lots provided for public use. f. Between Buildings: Development should incorporate convenient and safe access between buildings and public areas for pedestrians. g. Connections to Offsite Pedestrian Network: Provide pedestrian access to existing and proposed sidewalks, trails and parks. Specific to Campus Office Access road location 7. Major access roads should be located at the perimeter to help define the campus edge. I 16 I G. Pedestrian Environment 1. Intent .. To provide a common theme for street furniture, light fixtures and other streetscape structures throughout the Tukwila South development. '" To provide site and pedestrian amenities that will facilitate and encourage the use of pedestrian walkways and open space areas. " To create a comfortable, active, and safe pedestrian environment. 2. Design Criteria 1. Incorporate amenities in site design to increase the utility of the site and enhance the overall pedestrian/employee environment. 2. Ensure that pedestrian amenities are durable and easy to maintain. 3. Select site furnishings that complement the building and landscape design of the development. 3. Design Guidelines General Site Furnishing-General 1. Provide durable site furnishings, such as benches, planters, bike racks, trash receptacles, and tree grates to create inviting and comfortable open spaces, plazas, and walkways. Site them in consideration of employee and pedestrian flow and convenience. 2. Site fumishings, especially weather protection, should be designed to be part of the architectural concept of building design and landscape. Materials should be compatible with nearby buildings or natural settings, scale should be appropriate, colors should be in harmony with buildings and surroundings, and proportions should be to scale. 3. Do not locate furnishings where users are likely to walk through landscaped areas or conflict with vehicles to access them. 17 04!13i2009 Draft TSO District r~anual 4. Areas in front of retail can be used for merchandising, benches, planters, cafe seating, provided a clear pedestrian walkway is maintained. Trash Receptacles 5. Trash receptacles should be located in areas of high pedestrian uses, such as food establishments. 6. All trash receptacles should incorporate smoking receptacles. 7. Smoking receptacles should be located outside of all offices where employees congregate to smoke. Bicycles 8. All development should incorporate bicycle stands or racks complementary to the buildings architectural form. 9. When possible, bike stands should be located on side streets versus on main streets. H. Gateways 1. Intent II To highlight important points of entry to Tukwila South as gateways by providing special design features, landscaping, and/or architectural elements at gateways. 2. Design Criteria 1. Designate gateways at key intersections into district and secondary gateways at major use nodes per the Tukwila South Master Plan. 2. Provide special treatment at designated gateway locations. 3. Design Guidelines General 1. Provide gateway features at the primary arterial intersections of Tukwila South, such as South center Parkway Expansion/S 180th Street, I 18 I Southcenter Parkway Expansion/Segale Park Drive C, and Southcenter Parkway Expansion/S 200th Street. 2. Gateways should be visually prominent. Gateways are encouraged to have two or more of the following types of features: a. Public art; b. Monuments; c. Special landscape treatment; d. Open space/plaza, fountains; e. Identifying building form or prominent architectural features; f. Special paving, unique lighting, or bollards; g. Signage, displaying entry identification; h. Other features that meet the intent of highlighting gateway areas. 3. Secondary focal points may be established at future districts, such as office campuses, or retail districts, or other major districts. Focal points may have unique district signage, art, fountains, markers, landscaping, or other features, compatible and complementary to the overall Tukwila South gateway features. I . 19 I 04l13i2009 III. Building Design A. Architectural Concept 1. Intent .. To ensure that new development implements the vision for the Tukwila South Overlay District as a regional destination with multiple uses and as a memorable and regionally identifiable place. " To provide conceptual guidance on each of the envisioned building types in the Tukwila South Overlay District including: campus office, retail, urban office, and light industrial. II To provide for 'human scale' in building design. 2. Design Criteria 1. Develop an architectural concept for structure(s) on the site that conveys a cohesive and consistent thematic or stylistic statement, and is responsive to the functional characteristics of the development. 2. Reduce the apparent scale of large commercial and industrial buildings located adjacent to low density residential developments. 3. Provide distinctive building corners at street intersections through the use of architectural elements and detailing, and pedestrian-oriented features where possible. 4. Provide prominent roofIines that contribute to the character of the area, and that are consistent with the type of building function and uses. I 21 I 04!13f2009 Draft TSO Dist1ct Manual 3. Design Guidelines General 1. Develop an architectural concept for development that is responsive to the functional characteristics of the development. 2. Display a unifying concept or architectural expression on sites with multiple structures. 3. Buildings may be oriented around a courtyard, be terraced down a hillside, or respond in design to a prominent feature such as a corner location, a street or the river. 4. Scale: a. Perceived building scale can be reduced through changes in materials, use of distinctive rooflines, small scale additions to the building, landscaping and special decorative features such as arcades, balconies, bay windows, dormers and columns. b. Appropriately scaled and well-proportioned architectural elements such as roof forms, entrances, arcades, porches, canopies, columns, dormers, doors and windows reduce the apparent scale of a structure and help relate the scale of a building to the user. 5. Buildings should use design elements such as slopes, peaks, caps, steps, gables, domes, barrel vaults, projecting cornice lines or articulated parapets to make the rooflines prominent and create a distinct character. 6. Take advantage of intersection locations by providing a corner architectural element (such as a bay window, turret or pediment), placing an entrance at the corner, treating the comer distinctively (by projecting, recessing or truncating the building), providing a special window treatment (such as an awning or canopy) or incorporating sculpture or artwork. 7. Business identity, expressed through awnings, accent bands, paint or other applied color schemes, signage, parapet details or materials, should not be the dominant architectural feature of a building. Campus Office 8. Campus office development should offer a unified environment with building placements which frame organized open spaces. I 22 I 9. Adjacent buildings should be unified using common styles, colors, architectural details and orientation. 10. Each building should help complement and unify the design of the campus office development. 11. Consider modulation and articulation in building design to provide a strong building base that focuses on the human scale. 12. Large structures should be designed to reduce mass and bulk on facades along pedestrian circulation routes. Retail 13. Facades of retail buildings should face primary and secondary roads; 14. Facades of retail buildings should be accessible to both parking and the pedestrian environment. 15. Front entrances for all retail stores should be on the same side of the building (TSOD DG). 16. Retail space should be concentrated around major focal points of interest. 17. Small display/showcase windows and blank walls should be avoided whenever possible. 18. For stand-alone retail, building facades should blend in with adjacent development. 19. For stand-alone retail, building facades greater than 100' should be modulated with wall plane projections or recesses. 20. For stand-alone retail, loading docks and areas should be screened from public view. 21. For stand-alone retail, large scale buildings should be designed to be easily adapted for reuse. Light Industrial 22. Exterior lighting should be integrated into the overall building design and should be consistent with the development's overall architectural concept. 23 04!13r2009 Draft TSO District fi:1anual 23. Large facades should be broken up into small-scale components through wall modulation, fenestration and architectural detailing. Urban Office 24. Rooftops overlooked by other taller buildings should be attractively designed. 25. Consider incorporating innovative designs into a development, such as vegetated roofs. 26. Buildings of considerable lengths or with large floor plates should incorporate design features that reduce their apparent bulk. Examples of these techniques include puilding articulation, changes in fagade patterns, building breaks, vertical setbacks and material changes. 27. Exterior openings should be in scale (Le., proportionate) for the building's function and use. 28. At prominent building corners and spaces between buildings not crossed by streets, building projections are allowed to the maximum height of each building. B. Building Elements and Architectural Details 1. Intent EI To provide flexible design parameters to allow each development opportunities for creativity and expression in architectural design. s To provide texture to streetscapes and interest and variety to the building fa<;ade. .. To make major building entrances obvious, visually prominent, and welcoming. 2. Design Criteria 1. Utilize durable, high quality building materials that contribute to the overall appearance, ease of maintenance, and longevity of the building. 2. Buildings and site design should provide an inviting entry orientation. I 24 I 3. Colors used on building exteriors should integrate a building's various design elements or features. 3. Design Guidelines General Building Materials 1. Building structures are encouraged to employ a variety of durable materials. Building Entries 2. Building entrances should be visually prominent and easy for pedestrians and bicycles to reach. 3. Canopies, awnings, and protected entryways are encouraged to highlight and define building entrances as well as provide weather protection. 4. When the purpose is to provide weather protection, provide a sufficient width, typically at least 4 feet, and sufficient height, 8 to 15 feet, for awnings and canopies. Colors 5. Use accent colors in a way to enhance or highlight building design, and avoid detracting from building design. 25 04113/2009 Draft ISO District Manual Campus Office Building Materials 6. Each building should complement and unify the design of all campus buildings. Examples of the types of material encouraged and discouraged are listed below: Encouraged Materials: .. glass II steel .. precast masonry .. wood .. metal panels Discouraged Materials " EIFS Ii plastidfypon " vinyl siding .. corrugated metal as a facade Ii residential details and or materials Urban Office Building Materials 7. Buildings should be constructed with predominantly masonry material. Following is a list of encouraged and discouraged materials: Encouraged .. Brick; .. Stone; .. Pre-cast Concrete Panels. Discouraged .. EIFS; '" Vinyl siding; " Other residential-type materials. 8. The use of reflective or darkly tinted glass on a buildings facade is discouraged unless the applicant can demonstrate special circumstances apply. I 26 [ 9. All-glass vertical expression is allowed in recessed areas. 10. Building trim may be of stone, metal, pre-cast glass fiber reinforced concrete (GFRC) or similar materials. 11. Punched windows are strongly encouraged for building facades. 12. Building design should incorporate a horizontal expression line above the first or second floor, depending on the building's height, to develop a sense of continuity. 13. Balconies on the second floors, especially above entrances, are encouraged to provide a focal point to the building facade. Light Industrial Building Materials 14. Facades that face a public street should be architecturally emphasized through window design, wall detailing, and entryway placement. 15. Harmonious and natural building colors should be used. Bright colors should be used for accent only. Retail Buifding Materials 16. Fit and finishes of all storefront components should be of high quality. Following is a list of encouraged and discouraged materials: Encouraged Ii Durable, smooth exterior-grade woods such as oak, redwood, cherry, maple and medium density overlay (MOO) are acceptable materials, .. Meta!, a Stone, " Cast stone, " Concrete, II Plaster; " Opaque, smoked and reflective glass should be used for accent elements /spandrel elements only. 27 04i13f2009 Dmft TSO District Manual Discouraged .. Pine, .. Pressure-treated lumber; Ground Floor Details 17. Retail development should include visually interesting ground floor details such as awnings, window displays, doors, architectural accents, and signage. Building Entries 18. The primary building entrance should be clearly marked, while side entrances should be as close to the front street as possible. 19. Site amenities such as benches and planters are encouraged near building entries [see Section II-Pedestrian Environment]. 20. Doors should be compatible with and complementary to a storefront's design. 21. Where feasible, restaurants should use their building entries to connect with outdoor seating areas. 22. Doors with a high percentage of glass are encouraged to increase visibility into the storefront. 23. Recessed doors are encouraged to provide shelter for passing pedestrians. I 28 I Ughting 24. Storefront facades, recessed doorways, outdoor spaces, parking areas, and passageways should be lit. Encouraged " Concealed lighting; " Down lighting; Ii Internal window lighting past hours of operation; " Mounted pedestrian lighting; .. Lighting that becomes signage. Awnings 25. Provide awnings at ground level in mixed use buildings to distinguish retail function. 26. Awnings should project from the building fagade to provide protection from climatic conditions. 27. Awnings must be at least eight feet above the sidewalk to the lowest point of the awning. Awnings should be mounted above display windows and below cornice or second store windowsills. 28. Awnings must be durable, fire resistant, and resistant to fading. The following is a list of encouraged and discouraged materials: Encouraged !! Canvas; " Retractable awnings; Jl Variety of sizes and shapes among stores. Discouraged " Vinyl awnings; " Same awning across several storefronts. 29 04i13f2009 IV. Landscape Design A. Landscape Design 1. Intent .. Integrate landscape design with site and building design in a cohesive manner. Ii Soften and screen the visual impact of hard surfaces such as parking lots, service areas, walls, pedestrian walkways, public rights-of-way, sidewalks and gathering places, by incorporating trees and landscaping into the site design; '" Ensure private landscaping reinforces, complements and enhances public streetscape improvements and reinforces onsite pedestrian connections. 2. Design Criteria 1. Develop a landscape plan that demonstrates a design concept consistent with or complementary to the site design and the building's architectural character. 2. Develop a landscape design concept that fulfills the functional requirements of the development, including screening and buffering. 3. Design Guidelines General Complimentary to Building Character 1. Develop a landscape design concept that is consistent with or complementary to site design and the development's architectural character. The landscape concept should also enhance natural site features, significant existing landscaping, and/or other existing amenities, I 31 I 04113[2009 Draft ISO District Manual where appropriate. An effective landscape plan will direct and enhance the experience of a site when it: a. Takes advantage of views of the landscaping from inside the building. b. Enhances the building itself, as viewed from within the site and adjacent public streets. c. Organizes, enhances and links the different spaces and activities on the site. d. Reinforces the streetscape design, and provides a pleasant transition from the street to the development. 2. Landscaping should provide design continuity between neighboring sites. 3. Building facade modulation and setbacks should include features such as courtyards, landscaping, or other special features. 4. See associated design guidelines in Section II.E - Natural Environment related to hillsides. Screening and Buffering (Perimeter verses Interior) 5. Required perimeter landscaping may be averaged and clustered if the total required square footage is achieved onsite. 6. Consider using landscaping as a buffer to reduce the impacts of wind, air pollution and noise on a development and surrounding sites. 7. See associated design guidelines in Section II.A, C, and D - Site Design Concepts and Site Relationships, Sitting and Screening of Parking and Siting and Screening of Service Areas and Mechanical Equipment, as well as Section IV B. Planting Design. Reinforce and Enhance Public Streetscape Improvements 8. Ensure that the landscape design reinforces and complements plantings in the public right-of-way. 9. Ensure that landscaping at crosswalks and other locations where vehicles and pedestrians intersect does not block pedestrians and drivers' views. 10. Provide pedestrian paths across landscape areas where needed to allow convenient pedestrian circulation and prevent plants from being trampled. I 32 I 11. Landscaping is encouraged to help define pedestrian walkways and parking areas, and should be used to mitigate climate and solar conditions. Specific to Light Industrial 12. Landscaping should be incorporated where light industrial areas end and residential and commercial uses begin. Appropriate landscaped areas should be provided to create a transition to adjoining properties and uses. B. Planting Design 1. Intent " To encourage selection of plant materials that will enhance the overall landscape design concept and provide for variety and visual interest on the site. .. To encourage the use of plant materials that will survive with minimal or reasonable maintenance, are resistant to drought', and are otherwise appropriate for conditions. 2. Design Criteria 1. Incorporate existing significant trees, wooded areas and/or vegetation in the planting plan where they contribute to overall landscape design. 2. Select plant materials that reinforce the landscape design concept, and are appropriate to their location in terms of hardiness, maintenance needs and growth characteristics. 3. Design Guidelines General 1. Develop a planting design that complements overall project design and provides continuity with plantings on adjacent lots and natural areas. 2. Provide adequate plant quantity, size and spacing for the intended effect. 33 04f13i20G9 Draft TSO District ~~anuaJ 3. Areas not in use by structures, driveways, plazas, walkways and parking spaces should be landscaped. 4. Consider the use of indigenous plant species or plant species proven adaptable to the local climate in all landscaping. 5. Select a variety of plants with consideration of visual interest, including using plants as accents and contrasting textures. Where feasible, coordinate selection of plant material to provide a succession of blooms and seasonal color. 6. All weeds and invasive species on site must be controlled including in sensitive areas 7. Landscape features such as decorative paving, fountains, rock features walkways, or benches are permitted within perimeter landscaping areas. 8. Planters and urns should be used extensively throughout the Tukwila South development in the development areas that are urban in nature. Large planters are movable for flexibility and give a more open feeling to the sidewalks and plazas. All planters should appear to be authentic materials such as terra-cotta, porcelain, stone, or heavy clay. Newer resins can be used, but must be compatible with adjacent architecture or site furnishings. 9. Tree grates may be used throughout the project. 10. See associated design guidelines in Section ".E-Natural Environment. I 34 I V. Signage A. Signage Design 1. Intent " To create a sense of arrival to the Tukwila South development " To create a path for wayfinding through Tukwila's South development " To support Tukwila South development's identity as a special place. " Provide a means of identifying and advertising businesses; providing directional assistance; and creating color and interest. 2. Design Criteria 1. Provide signage that is consistent with the site's architectural theme. 2. Manage sign elements, such as size, location and arrangement so that signs complement the visual character of the surrounding area and appear in proportion to the building and site to which they pertain. 3. Provide signage that is oriented to both pedestrians and motorists in design and placement. 4. Provide a wayfinding system within the development to allow for quick location of buildings and addresses that coordinates with other sites and the district, where appropriate. 3. Design Guidelines General (all uses): 1. In the Tukwila South development, iconic elements and signage should: I 35 I 04113/2009 Draft TSO District ~~anual "Provide project identity g Create a sense of arrival "Allow for sub-brand identity "Create a path for wayfinding throughout Tukwila South's development "Identify specific venues 2. Signage should be scaled appropriate to the use and volume of the street. Signage directed toward drivers should be easy to read from a distance. Information conveyed to pedestrians can be of a more intimate scale. District IdentWcation 3. Signage that provides identification and directional information should be used to improve wayfinding throughout the Tukwila South Development. 4. Wayfinding signage should identify specific elements and districts within the Tukwila South development providing project identification throughout the community. 5. Wayfinding signage should be legible and consistent in placement, style, format, and icons. Project JdentificaUon 6. Signage should be an integral part of the design approach to the building and site. Signage should emphasize special building features, such as an entry or display window, with properly scaled signage. J, 7. Corporate logos and signs should be sized appropriately for their location. 8. Signs within a development should be coordinated and display similar or complementary design characteristics. 9. Provide durable, high quality materials and finishes for signage. 10. Provide signage to indicate site access and service entrances where appropriate. Retail 11. Sign lighting, including flat mounted and blade and banner signs, must be lit with concealed lighting, or from above with down-lighting. I 36 I I I ) e-'ij - - { ;... - r-: -~"h - - - r-;;;=- 1) - I ~I~I ~~-~ 1-+ - f----i -J -'=-_ - - ~ ;;1m - = - - = - I-- '--- = f- = ~ - I - - - '-- - -b - A +17' · r '" \ flfij l - if-I _- _ - '2J-~- I ~ - ~-~-- -f ~ PJ - "'H~ - - - (:f--L ~ - '~- ~EB- ~If : --= 'R';::: - ~ -. ~ - \ - ~ i7 I 1- \% ~ - /- ~-=~ \- - - _ - '0' -, \- _ - - ~I-T- - -1- - - -' -c --- -; -- ~I---:; -r:~ ")' _ ~lr~ I ,IT ) _ 'I _ IL rr I # I 'fj - ~ ?!> l( ~ ::> "- "-LLIJ I "1- u-, ~~ (', - ~~ '" o o '" "-. <'I " uO I - S ILSST ~\\- /1l77L ~r- ~ ~ t=H-l' - \27 G ~ :3 v', is (j z '7 6 N ~r: <: -' "" w > o ) ~ .~ 'k J::r-::( V -~ - - ~ry; - - H'C - - ~1 - - f - - ~ e - i~ '" I I I .. ~ , 6 ,-'1 \ I < -' ;;: 2 /' CO' ~ v / >- u ;:; 5 if> r? 8 v', < ::> TUKWlLA, KING =UNTY, WASHINGTON. Exhibit B 9 o /' o '" If) I >- u > r? 5 L~ I '" W I- 'f) < ::> ./ < '" CL I I- Z w ::> "- '3 w > w o ./ o 3: ,/, I >- < 3: v ce < r. I o '" /' I- '-" I >- < '" n: < "- I o C'-, /' NOT TO SCALE , / - f/;.. r; - ~ ~~ ---=-i - - i - -~.(~ - I -l ~~_'\ = '-- - -~ - - - - - - FR+R .- 1- - - - DATE: OS/21/09 , IJ I T .r tt \ a- TUKWJLA SOI.JTl-i PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT TUKWILA SOUTH OVERLAY ZONING DISTRICT COUNCIL ACENDA SYNOPSIS lvleetino Date _______n_______n_n______n_ nn Initials ______n___h_____nnnn______ Pre ared by LV LV ITEil-f No. OS/26/09 06/01/09 / (y, D. 4, CAS NU?\lHFR: nq- n v/1 I ORIGINAL AGENDA n\TE: MAY 26, 2009 AC!':ND.\ ITJ':;-'[ TITLE An ordinance amending ordinance number 1833 as codified at Tukwila Municipal Code 17.16, relating to procedures for binding site improvement plans. C.\TEC;ORY [g] Disi7lJJion o Lv10tiol1 o Resolution [g] Ordinance o Bid Award [g] Publio' Hean'ng o Other Mtg Date 5/26/09 Altg Date Illtg Date Mtg Date 06/01/09 Mtg Date Mtg Date OS/26/09 Mtg Date S]'( lNS()R o COl!mil [g] Mqyor o Adm S Vt'S ODCD o Final1ce o Fire o Legal OP&R o Police OPW S]'( lNS( )R'S Adoption of the amendments to the Binding Site Plan section of Title 17, of the TMC will SUI\[\L\RY provide improved means of land division and apply citywide. The Planning Commission held a public hearing on September 29, 2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. Ri-:\'I I-:\VED HY [g] CO\'(' Mtg. o CA&P Crute o F&S Crute o Transportation Crute o Utilities Crute o Arts Corum. o Parks Corum. o Planning Corum. DATE: OS/26/09 RECO:MMENDATIONS: SpoNsoRjADf\IIN. Mayor's Office recommends approval o )?\fMITfEE COST IMPACT I FUND SOURCE EXPI':NDITUIU~ RI-:<-.!UIH.ED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 I- . +n nh/nl/na Danlll:>r . ~ "oJ MTG.DATE ATTACHMENTS . . OS/26/09 Informational Memorandum dated OS/26/09, STAFF REPORT L05-029B Draft Ordinance. 06/01/09 Same as above, w~lth ordinance in sItJr.ike-throughjunderl ine format ITEM INFORMATION City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: 1) Tukwila South Master Plan, 2) amendments to Title 18 (Zoning Code), 3) amendments to Title 17 (Binding Site Plan), and 4) amendment to Shoreline Master Plan map ISSUE Four actions went before the Planning Commission for review and are now before the City Council for action. These are related to the Tukwila South Project: 1) Tukwila South Master Plan (file L05-041), 2) amendments to Title 18, TMC (Zoning Code) (file L05-029A), 3) amendments to Title 17, TMC (Binding Site Plan) (file L05-029B), and 4) amendment to Shoreline Master Plan map (L05-030) BACKGROUND Staff reports for each of these actions have been prepared and are attached to this Informational Memorandum. The Planning Commission held four public hearings on September 29,2005, reviewed allfour proposals and voted unanimously to recommend approval to City Council. DISCUSSION Public hearings on all four issues have been scheduled for May 26, 2009. Deliberations on these issues, as well as on the Tukwila South Project Development Agreement, have also been scheduled for the May 26, 2009 Committee of the Whole meeting. RECOMMENDATION The Council is being asked to conduct deliberations on these issues after the public hearings at the May 26,2009 Committee of the Whole meeting and forward subsequent to the June 1, 2009 Regular meeting for action. ATTACHMENTS Staff Report Regarding Tukwila South Master Plan (file L05-041). Staff Report Regarding Zoning Code Amendments (file L05-029A). Staff Report Regarding Amendments to the Subdivision (file L05-029B). Staff Report Regarding Shoreline Master Plan Map Amendment (L05-030). Ordinance adopting Tukwila South Master Plan. Ordinance adopting amendments to Title 18, TMC (Zoning Code). Ordinance adopting amendments to Title 17, TMC (Binding Site Plan). Ordinance adopting Shoreline Master Plan map amendment. STAFF REPORT TO THE CITY COUNCIL REGARDING AL\1ENDMENTS TO SUBDIVISION CODE PUBLIC HEARING: May 26, 2009 NOTIFICATION: Notice of the public hearing was published in the newspaper on May 11,2009. The Notice was mailed to property owners and occupants within 500 feet ofthe Tukwila South Project boundaries on May 7, 2009. It was posted at two locations on the Tukwila South property. FILE NUMBER: L05-029B APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Amend City of Tukwila's Subdivision Code concerning the Binding Site Improvement Plan (BSIP) process, procedures, and content (Chapter 17.16, TMC). LOCATION: City-wide SEP A DETERMINATION: Tubvila South Project Draft Environmental Impact Statement (DEIS) was issued AprilS, 2005. The Final EIS was issued on July 7,2005. An Addendum to the Final EIS was issued on September 23,2005 STAFF: Lisa Verner ATTACHMENTS: Subdivision Code Amendments for Binding Site Improvement Plans Staff Report to City Council L05-029B Page 2 of3 FINDINGS Description of Request The applicant requests amendments to Chapter 17.16 Detailed Procedures for Binding Site Improvement Plan (BSIP). The amendments would 1) provide an optional process for land under a single ownership to be divided for the purpose of sale or lease, 2) facilitate alternative ownership options by allowing binding site plans in conjunction with a condominium process for residential, commercial, or industrial purposes, and 3) allow phased infrastructure improvements for large tracts of land. Background and Site Information The City currently has a Binding Site Plan section of the Subdivision Code (Section 17.16, TMC) which applies to the whole city. The amendments would also apply city-wide. The City's Binding Site Improvement Plan (BSIP) provisions provide an alternative to short plats and formal subdivisions for the purpose of dividing land. Binding site plans are specifIcally authorized for this purpose by state law (RCW 58.17.035). Binding site plans may be authorized to divide land for the following purposes: 1) sale or lease of industrially or commercially zoned land; 2) lease oflots within mobile home parks and trailer courts; and 3) condominium developments. The applicant proposed amendments in order to improve the Binding Site Plan process as it applied to the Tukwila South Project, as La Pianta anticipates using the process to create lots within development on the Tubvila South site, such as a campus development or business park. The applicant is proposing the amendments in conjunction with its proposal for the Tukwila South Project, a mixed-use, master planned development of 10.3 million square feet in a large- scale, campus setting on approximately 500 contiguous acres. The Tukwila South Project is generally located south of S 180th Street, west of the Green River, north of S 204th Street, and east of Orillia Road S/I - 5. The Tukwila South Proj ect proposal is described in detail in the Tukwila South Draft and Final EIS. Since the project involves large tracts ofland, the applicant proposes Binding Site Plan amendments that will address this situation. Staff reviewed the proposed amendments, revised them and proposes to make them applicable city-wide. The recommended BSIP amendments would accomplish the following: 1. Clarify the purpose and applicability of Binding Site Improvement Plan option, 2. Improve the utility of the BSIP tool with regard to phasing development, 3. Clarify how BSIPs are to be used in residential condominiums and mixed-use situations, 4. Specify site improvement requirements (streets, utilities, etc), and C:\temp\XPgrpwise\ST AFF REPORT FOR COUNCIL - Subdivision Code changes. doc Staff Report to City Council L05-029B Page 3 of3 5. Improve requirements and procedures for revisions to, or vacation of, approved BSIPs. Review Process Amendments to the Subdivision Code (Title 17, TMC) are legislative decisions. Following a public hearing, the Planning Commission is asked to make a recommendation to the City Council, which makes the fmal decision following its ovvn public hearing. The Planning Commission held a public hearing and took testimony, deliberated, and made a recommendation to the City Council on September 29,2005. Now the City Council will hold a public hearing and make a decision to approve, approve with modifIcations, or deny the proposed amendments. CONCLUSIONS The proposed changes to the Binding Site Improvement Plan portion of the Subdivision Code will improve the existing BSIP provisions. The amendments identify more specifIc criteria for review, provide an optional process for land under a single ovvnership, allow phasing of infrastructure improvements, and coordinate the binding site plan and condominium processes. These amendments would be applicable citywide. The proposed amendments are consistent with the Tukwila Comprehensive Land Use Plan. STAFF RECOMMENDATION TO PLANNING COMMISSION That the Planning Commission recommend to the City Council approval of the staff-proposed amendments to the City of Tukwila's Subdivision Code (TMC Chapter 17) concerning Binding Site Improvement Plan (BSIP) requirements and procedures. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL That the City Council approve the staff-proposed amendments to the City of Tukwila's Subdivision Code (TMC Chapter 17) concerning Binding Site Improvement Plan (BSIP) requirements and procedures. ADMINISTRATION RECOMlV1ENDATION TO CITY COUNCIL That the City Council approve the attached amendments to the City of Tukwila' s Subdivision Code (TMC Chapter 17) concerning Binding Site Improvement Plan (BSIP) requirements and procedures. C:\temp\XPgrpwise\ST AFF REPORT FOR COUNCIL - Subdivision Code changes. doc Dt) ^ FT - - :--.~ 1'J.. ~ il ~'Q.~;J lj AN ORDli\J"ANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1833, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 17.16, RELATING TO PROCEDURES FOR BINDING SITE IMPROVENIENT PLANS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING Al"l EFFECTIVE DATE. WHEREAS, the City of Tukwila desires to provide an optional process for land under a single ownership to be divided for the purpose of sale or lease; to facilitate alternative ownership options by allowing Binding Site Improvement Plans in conjunction with a condominium process for residential, commercial, or industrial purposes; and to allow phased infrastructure improvements for large tracts of land; and WHEREAS, an open record public hearing was held on May 26, 2009, on amendments to Tukwila's Binding Site Improvement Plan regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 1833 131 (part), as codified at Tuk.wila MUIucipal Code 17.16.010, is hereby amended to read as follows: 17.16.010 Purpose This chapter is established to: A. Provide an optional process for land under single ownership to be divided for the purpose of sale or lease; and B. Accommodate the division of land for the purpose of sale or lease of property within an integrated commercial or industrial center, which allows certain zoning standards (minimum parking, setbacks, landscapi!1.g, lot area and lot dimension) on the individual lots to be modified provided the standards for the entire center are met; and C Facilitate alternative ownership options bv allowing Binding Site Improvement Plans in conjunction with a condominium process for residentiaL commercial, or industrial purposes (RCW 64.34); and D. Allow phased infrastructure improvements for large tracts of land. Section 2. Ordinance Amended. Ordinance No. 1833 131 (part), as codified at Tukwila Municipal Code 17.16.020, is hereby amended to read as follows: 17.16.020 Applicability-&ape A. ELIGIBIUTY: A Binding Site Improvement Plan application may be submitted for a project located on any land zoned multi-familv, commercial or industrial 'which io being di7idcd for the purpooe of Oille or leUDC consistent with the terms of this chapter. W:\ Word Processing\Ordinances\ Tukwil. South Title 17 Binding Site Imp Plan-doc LV:ksn 05/15/2009 Page 1 of 7 B. CONSTRUCTION AUTHORIZATION THROUGH OTHER PERMiTS: A Binding Site Improvement Plan creates or alters existing lot lines. A Binding Site Improvement Plan does not authorize construction. Construction is permitted upon approval of construction and building permits that implement the Binding Site Improvement Plan. Section 3. Ordinance Amended. Ordinance No. 1833 31 (part), as codified at Tukwila Municipal Code 17.16.030, is hereby amended to read as follows: 17.16.030 Preliminary Binding Site Improvement Plan Approval A. APPLICATIONjFEES: The following items are required, in quantities specified by DCD, for a complete Binding Site Improvement Plan application. Items may be waived if, in the judgment of the Short Subdivision Corrunittee, said items are not applicable to the particular proposal: 1. Completed Binding Site Improvement Plan Application Form as prescribed by the DCD Director with fee as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. A complete SEP A Checklist application if project is not exempt from SEP A. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards specified in TMC 17.04.060. 7. Site and development plans which provide the following iluormation. The plans shall be neat and accurate on a decimal scale sufficient in size and detail to demonstrate the Binding Site Improvement Plan meets the ordinance requirements, on mylar sheets in record of survey format: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights-of-way and easements and private access easements. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of proposed dedications. i. Existing and proposed topography at two-foot contour intervals extending to five feet beyond the project boundaries. j. Location of sensitive areas and sensitive area buffers (slopes 20% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a sensitive area or its buffer or the shoreline zone unless none of these trees are to be removed and their \.\1:\ Word Processing\Ordinances\ Tu..~'lila South Title 17 Binding Site Imp Plan-doc LV:ksn 05/15/2009 Page 2 of 7 location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54. L Location of existing and/ or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. This requirement mav be waived bv the Responsible Official for long-term, phased developments where a phasing plan is required. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. 9. Parking calculations to demonstrate that the requirements of TMC Chapter 18.56 have been met. 10. Proposed cross easement and maintenance agreement for shared parking, circulation, utility and landscaping improvements. 11. Legal descriptions of all tracts located within the boundaries of the short plat. 12. Consistency report addressing how the project complies 'with the applicable review criteria. 13. Estimated construction schedule with phasing plan and schedule. 14. Additional requirements for condominiums: Provide the following information on the site plan: number of units proposed, building dimensions, height and number of stories, distance between buildings, type of construction, sprinkler or non-sprinkler, and occupancy classification. 15. Items contained in TMC 18.104.060 not already listed above. B. REVIEW PROCEDURES: An application for Binding Site Improvement Plan shall be reviewed and acted upon in the same manner prescribed in TMC 17.12.020B for short subdivisions. C. APPROVAL CRITERIA: 1. Prior to approval of any Binding Site Improvement Plan, the Short Subdivision Committee shall insure that the following improvements are provided to sufficiently service the anticipated uses throughout the proposed plan and the decision criteria that follow are met: a. Adequate water supply. b. Adequate sewage disposal. c. Appropriate storm drainage improvements. d. Adequate fire hydrants. e. Appropriate access to all anticipated uses within the plan. f. Provision for all appropriate deed, dedication, and/ or easements. g. Monumentation of all exterior tract corners. 2. Legal Lots: W: \ Word Processing\OrdJnances\ Tukwila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/15/2009 Page 3 of 7 a. Residential Binding Site Improvement Plan shall consist of one or more contiguous, legally-created lots and each lot shall meet the minimum dimensional requirements of the applicable zone or overlav district. b. If the site will contain commercial or industrial uses, or mixed-use commercial and residential uses, the lots shall meet the minimum dimensional requirements of the zoning district or meet the definition of "integrated site" in TMC Chapter 18.06, such that when taken as a whole and not considering interior lot lines, the integrated site meets all applicable zoning and subdivision requirements. 2. Thc sitc is zoncd conuncrcial or industrial and mects thc dcfinitition of ill. intcgrated site. 3. Appropriate easements and maintenance agreements for shared facilities, including but not limited to, circulation, parking, utilities and landscaping, have been provided. 1. '^,Then takcn a-s a ':[hole, and not considcrhlg any intcrior lot lincs, the intcgrated sitc mcets all the zoning and subdi7ision requirements. 4. Modifications to the minimum zoning standards for individual lots located within the integrated site -- including setbacks, parking, landscaping, lot area and lot dimension -- are not detrimental to the public health, safety and welfare, do not adversely affect the rest of the integrated site or other properties in the vicinity, and do not impede planned street, trail or pedestrian networks for the neighborhood or district. 5. Conunon improvements necessary to serve any particular phase of development must be sufficient for meeting the zoning and subdivision requirements for that phase. 6. Access to the integrated site meets the subdivision ordinance standards. Access within the site provides for safe and efficient circulation and meets Fire Department access requirements. 7. The circulation system incorporates appropriate proVISIOns for safe pedestrian activity to the site from the street and from building to building v,rithin the site. 8. The sign regulations shall be applied to the integrated site as a whole. For example, the number of freestanding signs allowed is based on one site within the Binding Site Improvement Plan. Individual ownerships within the integrated site are not considered to be separate sites in determining the number of freestanding signs allowed. 9. The yard requirements of the Uniform vVashington State Building Code are met. 10. Future Development: The Binding Site Improvement Plan shall contain a provision requiring that any subsequent development of the site shall be in conformance with the approved and recorded Binding Site Improvement Plan. 11. Dedication Statement: Where lands are required or proposed for dedication, the applicant shall provide a dedication statement and acknowledgement on the Binding Site Improvement Plan. 12. Additional Approval Criteria for Binding Site Improvement Plans Proposing Condominium Ownership: Condominium developments are eligible for Binding Site Improvement Plan approval when the purpose of such approval is to divide the property so a portion of the parcel or tract can be subjected to either RCW Chapter 64.32 or 64.34. A Binding Site Improvement Plan can only be approved when l,V;\ Word Processing\Orclinances\TukwiJa South Title 17 Binding Site Imp Plan.doc LV:ksn 05/15/2009 Page 4 of 7 the development has already been constructed or when the approval has been obtained and a building- permit for an entire development or a portion of a development is issued. 13. Additional Approval Criteria for Phased Development: If the applicant chooses to develop the property in a phased development the applicant must execute a development agreement with the City pursuant to RCW 36.70B.170 if one is not alreadv in place. This agreement shall govern, at a minimum, the use and development of the property subject to the Binding- Site Improvement Plan, including: a) vesting applicable to subsequent permits; b) the manner in which each phase of the development will proceed to ensure that the roads and utilities necessary to serve each phase of the development are constructed prior to the development of each phase; and c) expiration of the agreement and all provisions therein. 14. Consistency: The Binding Site Improvement Plan shall be consistent with any City approved master plans and development agreements. Section 4. Ordinance Amended. Ordinance No. 1833 91 (part), as codified at Tukwila Municipal Code 17.16.040, is hereby amended to read as follows: 17.16.040 Final Approval of Plan A. Prior to the plan being granted final approval, a survey, prepared by a licensed surveyor to the standards contained in TMC 17.04.060, shall be submitted to the Short Subdivision Committee with the final plan. The survey and plan shall be consistent "With the preliminary approval. B.Once the Short Subdivision Committee determines the survey, plan and other documents for recording are consistent with the preliminary approval, it will be certified for filing by the chair of the Short Subdivision Committee. C. After being certified for filing by the Short Subdivision Committee, Binding Site Improvement Plans and survey shall be filed by the applicant with the King County Department of Records and Elections, and a copy of the recorded documents shall be returned to the Department of Community Development prior to issuance of any building permits for construction within the site. The applicant shall pay all costs associated with this filing. D. Binding Effect: Approved Binding Site Improvement Plans shall be binding and shall be enforceable by the City. All provisions, conditions and requirements of the Binding Site Improvement Plan shall be legallv enforceable on the purchaser or on any person acquiring a lease or other ownership interest of any lot tract. or parcel created pursuant to the Binding- Site Improvement Plan. Section 5. Ordinance Amended. Ordinance No. 1833 91 (part), as codified at Tukwila Municipal Code 17.16.050, is hereby amended to read as follows: 17.16.050 Improvements Prior to the issuance of a building permit for construction vtithin a bindir.g site impro'tement plan, o.ll impro\"cments required to adequately ser;ice that portion of the plill'. for which the building permit will be ia::n.::.ed shill bc irrSto.lled or bonded ir. accordance with TMC 17.21.030. W:\ Word Processing\Ordinances\ Tukwila South Title 17 Bind1."1g Site Imp Plan.doc LV:ksn 05/15/2009 Page 5 of 7 A. IMPROVEMENTS: The following improvement requirements shall be met for each Binding Site Improvement Plan prior to the issuance of a building permit for construction within a Binding Site Improvement Plan. 1. IMPROVEMENTS REQUIRED: Consistent with TMC Chapter 17.20, and subiect to any applicable development agreement, the following tangible improvements shall be provided for, either by actual construction or a construction schedule approved by the City and bonded by the applicant, before a Binding Site Improvement Plan may be recorded: grading and paving of streets and alleys; installation of curbs, gutters, sidewalks, monuments, sanitary and storm sewers, street lights, water mains and street name signs; together with all appurtenances thereto to specifications and standards of this code, approved by the Short Subdivision Committee and in accordance with other standards of the City. A separate construction permit will be required for anv such improvements, along with associated engineering plans prepared per the City Drafting Standards. 2. MODIFICATIONS: Proposals that contain commercial or industrial uses, or mixed-use commercial and residential uses, and meet the definition of "integrated site" in }MC 18.06 are not required to submit a modification request. Where a proposal is not eligible to be an "integrated site" or where the definition of "integrated site" does not expressly allow for a modification of a particular standard(s), modifications of improvement standards required in TMC Chapter 17.20 shall be made through the exception process in TMC Chapter 17.?8. B. PHASING OF IMPROVEMENTS: To satisfy improvement requirements, the Short Subdivision Committee is authorized to impose conditions and limitations on the Binding Site Improvement Plan. If the Short Subdivision Committee determines that any delay in satisfying requirements will not adversely impact the public health, safety or welfare, the Committee may allow requirements to be satisfied prior to issuing the first building permit for the site, or prior to issuing the first building permit for any phase, or prior to issuing a specific building's certificate of occupancy, or in accordance with an approved phasing plan, or in accordance with plans established by a development agreement or as othenvise permitted or required under City code. Section 6. Ordinance Amended. Ordinance No. 1833 31 (part), as codified at Tukvvila Municipal Code 17.16.060, is hereby amended to read as follows: 17.16.060 Revision of Plan /\lteration of ill. approT:ed und recorded binding site improT:ement plun shall be accomplished by application to the Short Subdivision Committee as set forth in n.1C 17.16.030, und shall be subject to all procedure::; und requirements established in this chapter. A. ALTERATION: Alteration of an approved Binding Site Improvement Plan, excluding standard easements for utilities and lot line adjustments, shall be accomplished following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter; provided, that only owners of lots within the Binding Site Improvement Plan that are directly affected by the proposed alteration shall be required to authorize application for the alteration. If property subiect to a Binding Site Improvement Plan approval is the subiect of a development agreement, the alteration of the approved Binding Site Improvement Plan shall not require an amendment to the development agreement or approval bv the City Council and, after approval and recording, shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. B. VACATION: Vacation of a recorded Binding Site Improvement Plan shall be accomplished by following the same procedures required for a new Binding Site Improvement Plan application as set forth in this chapter. If a portion of a Binding Site W:\ 'Word Processing\Ordinances\ Tu.1.c.....ila South Title 17 Binding Site Imp Plan.doc LV:ksn 05/15/2009 Page 6 of 7 Improvement Plan is vacated, the property subiect to the vacation shall constitute one lot, and the balance of the approved Binding Site Improvement Plan shall remain as approved. Anv non-conformities created bv such a vacation must be remedied prior to final approval of the vacation. If a Binding Site Improvement Plan property subiect to a Binding Site Improvement Plan approval is the subiect of a development agreement, the vacation of the approved Binding Site Improvement Plan, whether total or partial, shall not require an amendment to the development agreement or approval bv the City Council and, after approval and recording shall automatically be incorporated within the development agreement unless otherwise provided in the development agreement. Section 7. 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 8. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. ATTEST / AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Office of the City Attorney W:\ Word Prccessing\Ordinances\ Tukwila Soutl, Title 17 Binding Site Imp Plan.doc L V:k.."" 05/15/2009 Page 7 of 7 COUNCIL ACENDA SYNOPSIS ___n_________n_nn________n__ Initials _____________n____________nnn ITEj}I No. 1\-Ieetilla Date P,., ared by LV LV iHayor's review (p. D. 5. OS/26/09 06/01/09 C\S NUi\!RI':R: OCf- DIG I ORIGINi\L AGENDA Dr\TE: MAY 26,2009 "-\(; I.:ND \ ITEM Trru.: An ordinance amending Tukwila's Shoreline Master Plan Map. C\TEC;()RY [g] DiJi'IIJJion o lvlotion o ReJolution [g] Ordinailte o Bid Aivard [g] Publit Heming o Other Mtg Dote 5/26/09 Mtg Dote Mtg Dote Mtg Dote 06/01/09 Mtg Dote Mtg Dote OS/26/09 },Jtg Dote SI'()NS()R o Coundl [g] iVlqyor OAdmSvts ODCD o Fina!lte o Fire o Legal OP&R o Polite OPW SI'( )''is< )R'S As part of the Tukwila South Project approval process, adoption of the amendment to the Sl:\f\L\RY Shoreline Master Plan map will pre-designate the shoreline as "Urban Environment" and become effective upon annexation. The Planning Commission held a public hearing on September 29,2005 and reviewed the proposal and voted unanimously on a recommendation of approval to City Council at its September 29, 2005 meeting. Public hearing on this issue has been scheduled for May 26, 2009. E.Jo:YIF\,\'I':D BY [g] COW 1\Itg. o CA&P Cmte o F&S Cmte o Transportation Cmte I o Utilities Cmte o Arts Comm. o Parks Comm. o Planning Comm. D~-\TE: OS/26/09 RECOMMENDATIONS: SPONSOR/ADMIN. Mavor's Office Cc )I\fMITfEE COST IMPACT I FUND SOURCE EXPI':NDITURI': RI':C,2UllUm AMOUNT BUDGETED ApPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 Forward to 06/01/09 Regular Meeting MTG.DATE ATTACHMENTS . OS/26/09 Informational Memorandum dated OS/26/09, STAFF REPORT L05-030 Draft Ordinance with Exhibit. 06/01/09 Same as above, with ordinance in strike-through format ITEM INFORMATION City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: 1) Tukwila South Master Plan, 2) amendments to Title 18 (Zoning Code), 3) amendments to Title 17 (Binding Site Plan), and 4) amendment to Shoreline Master Plan map ISSUE Four actions went before the Planning Commission for review and are now before the City Council for action. These are related to the Tukwila South Project: 1) Tukwila South Master Plan (file L05-041), 2) amendments to Title 18, TMC (Zoning Code) (file L05-029A), 3) amendments to Title 17, TMC (Binding Site Plan) (file L05-029B), and 4) amendment to Shoreline Master Plan map (L05-030) BACKGROUND Staff reports for each of these actions have been prepared and are attached to this Informational Memorandum. The Planning Commission held four public hearings on September 29, 2005, reviewed all four proposals and voted unanimously to recommend approval to City Council. DISCUSSION Public hearings on all four issues have been scheduled for May 26,2009. Deliberations on these issues, as well as on the Tukwila South Project Development Agreement, have also been scheduled for the May 26,2009 Committee of the Whole meeting. RECOMMENDATION The Council is being asked to conduct deliberations on these issues after the public hearings at the May 26,2009 Committee of the Whole meeting and forward subsequent to the June 1,2009 Regular meeting for action. ATTACHMENTS Staff Report Regarding Tukwila South Master Plan (file L05-041). Staff Report Regarding Zoning Code Amendments (file L05-029A). Staff Report Regarding Amendments to the Subdivision (file L05-029B). Staff Report Regarding Shoreline Master Plan Map Amendment (L05-030). Ordinance adopting Tukwila South Master Plan. Ordinance adopting amendments to Title 18, TMC (Zoning Code). Ordinance adopting amendments to Title 17, TMC (Binding Site Plan). Ordinance adopting Shoreline Master Plan map amendment. STAFF REPORT TO THE CITY COUNCIL REGARDING SHORELINE MASTER PLAL~ MAP AMENDMENT PUBLIC HEARING: May 26, 2009 NOTIFICATION: Notice of the City Council public hearing was published in the newspaper on May 11,2009. The Notice was mailed to property owners and occupants within 500 feet of the Tukwila South Project boundaries on May 7, 2009. It was posted at two locations on the Tukwila South property. FILE NUl\1BER: L05-030 APPLICANT: Segale Properties (aka La Pianta, LLC) REQUEST: Amend Tubvila's Shoreline Master Plan to pre-designate the shoreline area located within the Tukwila South Potential Annexation Area as within the "Urban Environment." The "Urban Environment" shoreline designation would take effect upon annexation. LOCATION: 200 feet wide strip ofland lying generally west of the Green River, between the current south Tukwila city limit and South 204th Street, in unincorporated King County. See Exhibit L05-041-1. SEPA DETERMINATION: Tukwila South Project Draft Environmental Impact Statement (DETS) was issued AprilS, 2005. The Final EIS was issued on July 7,2005. An Addendum to the Final EIS was issued on September 23,2005. COMPREHENSIVE PLAN DESIGNATION: Industrial (King County Comprehensive Plan). Tukwila Valley South (Tukwila Comprehensive Land Use Plan). SHORELINE DESIGNATION: Rural Environment (King County Shoreline Master Program). STAFF: Lisa Verner ATTACHMENTS: Site Map Staff Report to City Council L05-030 Page 2 of5 FINDINGS Description of Request The applicant requests an amendment to the Tukwila Shoreline Master Plan pre-designating the shoreline area within the Tukwila South Potential Annexation Area (P AA) to the "Urban Environment" classifIcation. Under "pre-designation," the Urban Environment classifIcation would become effective only upon annexation. Pre-designation is allowed under the Washington State Shoreline Management rules (WAC 173-26-150). The applicant requests the City designate "Urban Environment" as the appropriate shoreline environment now so that upon annexation this designation will take effect immediately. Then Applicant can apply for a Substantial Development Permit (SDP) from the City for proposed work in the area of shoreline jurisdiction, which it needs in order to obtain various other permits it has applied for in conjunction with the Tukwila South Project. Background and Site Information The affected property is part ofthe proposed Tukwila South Project. The Tukwila South Project proposes a mixed-use, master planned development of up to 10.3 million square feet in a large- scale, campus setting on approximately 500 contiguous acres (located generally south of the Tukwila City limit, west of the Green River, north of South 204th Street and east of OrilliaRoad/I-5). The Tukwila South Project proposal is described in detail by the Tukwila South EIS. Approximately 211 ofthe 492 acres are currently located with the City of Tukwila, and the portion ofthat area within the regulated shoreline is designated "Urban Environment." Approximately 259 acres are located in Tu1..rwila's South Potential Annexation Area (P AA), which is currently in unincorporated King County. The regulated shoreline portion of the PAA is designated "Rural Environment" by the King County Shoreline Master Program. It is this unincorporated shoreline area that is subject to this application (see Exhibit L05-041-1, attached). Approximately 22 acres of the Tukwila South project area lie within the City of Kent and are not directly affected by the requested shoreline pre-designation. At the request of Washington State Department of Ecology, La Pianta acquired a permanent easement to retain wetlands on an additional 11 acres in Kent (Zagragen property). Current land uses within the area subject to this request include the Green River levee, agricultural lands and stormwater facilities. Surrounding land uses include commerciaVindustrial uses to the north, commerciaVindustrial and public park uses to the east (across the Green River), and agricultural uses to the south and west. The area subject to this shoreline pre-designation request is owned by the applicant, with the exception of a surface water management pond owned by King county and located just north of C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - sJ'v1P Amend.doc Staff Report to City Council L05-030 Page 3 of5 South 200th Street, and a corridor containing the green River outfall for Johnson Ditch located between South 200th and South 204th Streets, owned by King County Drainage District #1. Existing King County "Rural Environment" The unincorporated portion of the applicant's property currently has a Rural Environment designation under the King County Shoreline Master Program, but is zoned I/Industrial under the county's zoning code. Table 1 describes key aspects of King County's applicable regulations and compares them with the proposed Urban designation under Tukwila's shoreline program. TABLE 1 COMPARISON OF ALLOWABLE DEVELOPMENT U1\T])ER KING COUNTY "RURAL" DESIGNATION AND TUKWILA "URBAN" DESIGNATION Development allowed Yes, but only if "water related" Yes, but only structures or waterward of ordinary high and no hazard to navigation. accessory facilities that "protect water mark? or promote the public interest." Height limit for structures 35 feet, but may be increased 35 feet within 100 feet of mean up to 75 feet with additional high water mark; otherwise 125 setback; may exceed 75 feet in feet "mixed-use" developments. Open space 50 feet adjacent to a "natural 40 feet landward of mean high environment" must be left as water mark limited to open space. recreational use, pedestrian access and essential facilities. Public access Setback incentives provided to Public access encouraged. encourage public access. Provision of public access or "private natural area" required (Comp Plan policy). Allowed uses All uses allowed by underlying All uses allowed by proposed Industrial zoning. TSO zoning. Setbacks from high water - No setback required for 40 feet, except recreational, mark "water-dependent" uses. public access and essential - 20 to 50 feet for "water- facilities. related" uses, depending on provision of public access. - 20 to 75 feet, depending on provision of public access King County "Rural" With "Industrial" zoning Tukwila "Urban" with "TSO" zoning C:\ternp\XPgrpwise\STAFF REPORT FOR COUNCIL - SMP Amend.doc Staff Report to City Council L05-030 Page 4 of5 Review Process The SMP calls for amendments to be reviewed under TMC 18.80, "Amendments to the Comprehensive Plan and Development Regulations." After review at a public meeting on June 20,2005, the Tukwila City Council forwarded the proposed amendment to the Planning Commission for a recommendation. The Planning Commission held a public hearing to review the application, deliberated and made a recommendation to the City Council on September 29, 2005. Now the City Council will hold a public hearing and review the Commission's recommendation; if the City Council approves the amendment, the amendment must also go to the Department of Ecology for review and approval before taking effect. Chapter 18.80 TMC implements requirements of the Washington State Growth Management Act (GMA) concerning consolidation of Comprehensive Plan amendment proposal for consideration no more than once per year. Shoreline master program amendments are exempt from this requirement under the provisions of Section 36.70A 130(2)(a)(ii) Revised Code of Washington. Review Criteria Amendments to the Shoreline Master Program are legislative decisions. . . The Council used the following criteria found at TMC 18.80.050(B) in it's determination to forward the SMP amendment to the Planning Commission for a recommendation. 1. Is the issue already adequately addressed in the Comprehensive Plan? The issue is addressed by the Tukwila Comprehensive Land Use Plan, but is not adequately addressed by the Tukwila Shoreline Master Plan. The Tukwila Comprehensive Land Use Plan designates the Green River shoreline upstream (south) from the SR99 Bridge to South 204th Street as "Urban/Open space Environment". This designation includes the subject area. The Tukwila Shoreline Master Plan provides no designation for the subject area. Designating the subject area "Urban" under the Shoreline Master Plan would implement the policy established by the Comprehensive Plan for this area. 2. Jfthe issue is not addressed in the Comprehensive Plan, is there a public needfor the proposed change? Yes. The subject area lies within Tukwila's recognized Potential Annexation Area (PAA) and is proposed for annexation to the City of Tukwila. Under the Washington State Shoreline Management Act (SMA) shorelines must be designated Urban, Rural, Conservancy or Natural within one year of annexation, and may be pre-designated prior to annexation (WAC 173-62- 150). Pre-designating the subject area "Urban" under Tukwila's Shoreline Master Plan will ensure that appropriate management ofthe shoreline is in place immediately upon annexation. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - SMP Amend.doc Staff Report to City Council L05-030 Page 5 of5 3. Is the proposed change the best means for meeting the identified need? Yes. The Tukwila Comprehensive Land Use Plan, updated in 2004, has determined that the area is appropriate for an "Urban/Open Space" designation. The "Urban Environment" designation is the appropriate designation under the City's Shoreline Management Plan to ensure implementation of the City's Comprehensive Plan. 4. Will the proposed change result in a net benefit to the community? Yes. The proposed pre-designation ofthe subject area "Urban" is an important element in achieving the City's vision and policies for future development of the area, consistent with the Tukwila Comprehensive Land Use Plan (see especially the Tukwila South element, pages 103- 108 of the Tukwila Comprehensive Land Use Plan). CONCLUSION Pre-designation of the subject area as "Urban Environment" under the Tukwila Shoreline Master Plan will ensure that appropriate shoreline use and development controls, consistent with the Tukwila Comprehensive Land Use Plan, are in place immediately upon annexation. STAFF RECOMlVIENDA TION TO PLANNING COlVILVIISSION That the Planning Commission recommend to the City Council the approval of the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204th Street in anticipation of annexation of the property into' the City ofTukwila. PLANNING COMMISSION RECOMMENDATION TO CITY COUNCIL That the City Council approve the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204th Street in anticipation of annexation ofthe property into the City of Tukwila. ADMINISTRATION RECOMMENDATION TO CITY COUNCIL That the City Council approve the amendment to the Shoreline Master Plan pre-designating as "Urban Environment" the shoreline area west of the Green River between the existing city limits and S 204 th Street in anticipation of annexation of the property into the City of Tukwila. C:\temp\XPgrpwise\STAFF REPORT FOR COUNCIL - SlYfP Amend.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUIG\lILA, WASHINGTON, AMENDING TUKWILA'S SHORELINE l'vIASTER PLAt'l MAP TO PRE-DESIGNATE THE SHORELINE AREA LOCATED WITHIN THE TUKWILA SOUTH POTENTIAL ANNEXATION AREA AS "URBAN ENVIRONMENT" AND FOR SUCH DESIGNATION TO BE EFFECTIVE UPON ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. "WHEREAS, the City desires to amend the Tukwila Shoreline Master Plan Map to pre- designate the shoreline area within the Tukwila South Potential Annexation Area CP AA") to the "Urban Environment" classification; and WHEREAS, pre-designation of the subject area as "Urban Environment" under the Tubvila Shoreline Master Plan will ensure that appropriate shoreline use and development controls, consistent with the Tukwila Comprehensive Land Use Plan, are in place immediately upon annexation of the P AA; and WHEREAS, under "pre-designation," the Urban Environment classification would become effective only upon annexation; and "WHEREAS, pre-designation is allowed under the Washington State Shoreline Management rules fYV AC 173-26-150); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Shoreline Master Plan Map Amended. The Tukwila Shoreline Master Plan Map is hereby amended to pre-designate the shoreline area located within the Tukwila South Potential Annexation Area as "Urban Environment" The potential annexation area for which this pre-designation applies is set forth in Exhibit A, incorporated by this reference as if fully set forth herein. Section 2. 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 3. 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 upon the date on which all the property set forth in "Exhibit A" is within the municipal boundaries of the City of Tukwila. PASSED BY TIIE CITY COUNCIL OF TIIE CITY OF TlJK1.VILA, WASHINGTON, at a Regular Meeting thereof this day of .2009. ATTEST/ AUIHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORt\1 BY: Filed with the City Oerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachment: Exhibit A - Tukwila South Shoreline Master Program Map Amendment W:\ Word Processing\Ordinances\ Tubvila South Shoreline Master Plan Amend.doc LV:ksn OS/28/2009 Page 1 of 1 Il.~ '" f~~' '~, ~'T' '?rli~ / ~h ~ HrrnBIDif1F\?=i- I" " ~l=i H Hm~'IT ; ~m ~ n.. HI l 'w W ~ ~ _ a_~~; -~I.RBLVD 'T~ II~~ TI r-C -~ ~ ~I( J- illIIIJ~mJl Oll ,/ 11 3 \~ f-I I r/./ lilllD willllilIlIllmrrm3:=,.Jl,l I ~ , ) ''}f ~ ~/,': iI~~ W r LI \ ~c-_~ :/' ( ~ J-l- [I IH R -'-j- J ~ /') /" I ~>.J u f-~ -;--11-1 EFIMd).,. ~ J ~:I b m h/ - ftl m Y ff 2UO' It!/- 1 wm /'-" $ ~,,~ I;;~ST,V L ~ l l ..~. WI/ JfDP;[ 1. ~\\ \ //J;1/~~~;2 \~. I \, ~C#"""<A 'v, I I \~! ~ ~~L.l&':../:.w ~E L_/ L -'~ an .~I/ f r---r " ~: --''\IJ f-/ ("I ,I , 'j r' _ll~ ; \] . I 0r :-'.~i{1- ! l l' LEGEND:' = _ _ _ _ _ TUKWlLA MUNICIPAL BOUNDARY '1// I AFTER LA PlAlITA ANNEXATION L b - - - - - EXlSTlNG TUKWILAI KING COUNTY UNE =o""~'~ - ~ ~~ff;:;~1.~~ ~~r~~~~~~~~~~ ff / 15;;:;Z{",vS:;;<<~ PROPOSED TUKWILA SHOREUNE H - 8-;v.,_",X'Syx3 JURISDICTION AREA (20o-FEET) I~ (J " ~ I :,,: ~. :- '1 AREA TO BE ANNEXED li L3~. Ll ~ ''t l Exhibit A . ~_! '- r '> I ~Ne\_,'''." f-~~~\~ J f- !/' i;~ ~~h(C ~Lu~ \-- ,,,"- / ,,' .' a h ~ \ I \7\~ f f I I o e GOLDSMITH '''XCI ~"UCl'''UU "......:Il -=--~~ TUK'MLA SOUTH PROJECT TUKWILA SOUTH SHORELINE MASTER PROGRAM MAP AMENDMENT TUK'/~LA. KING COUNTY. \,{AShl~=ON COUNCIL ACENDA SYNOPSIS ------------------------- Illiti a/J __________________n___________ ITEM No. iV1eettilO Date Lt,Q.&. OS/26/09 06/01/09 ITEM INFORMATION C\S Nu~mER: oct- O, ( I ORIGINAL AGENDA DATE: MAY 26,2009 "-\c; ":ND.\ ITE~I TITLE Apply the designation of "Sensitive Area Master Plan Overlay District" to Tukwila South Project property boundaries as one of the decisions made by Council as part of its review of the Tukwila South Project C\Tlt(;ORY cg] Disi'lI.fJion o lvlotion o Resolution cg] Ordinance o Bid Av./ard cg] Public Hearing o Other Mtg Dole 5/26/09 i\ltg Dale Mtg Dote lHtg Dale 06-01-09 Mtg Date Mtg Dale 5/26/09 Altg Dale 5\'( )NS( m o Countil cg] j\rlqyor o Adm Svcs cg] DCD o Finance o Fire o Legal Dp&R o Police DpW S]'( lNS( m's Per TMC 18.45.160, City Council may designate certain areas as Sensitive Area Master Plan SL1\IM.\RY Overlay districts for the purpose of encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation. Designation of Sensitive Area Master Plan Overlay districts occur through the Type 5 (City Council, after an open record public hearing) decision process (TMC 18.104). A public hearing (Quasi Judicial) is scheduled for Mav 26. RL\'IE\X"!-:D BY cg] COW Mtg. o CA&P Cmte o F&S Cmte o Transportation Cmte o Utilities Cmte DArts Comm. o Parks Comm. o Planning Comm. DATE: OS/26/09 RECOMMENDATIONS: Sl'ONSORjADi\fIN. Administration recommends adoption of the proposed ordinance C< ) l\Ii\fITrEE COST IMPACT I FUND SOURCE EXPI:NDITURI: RI':l.2UIRIm AMOUNT BUDGETED ApPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG.DATE RECORD OF COUNCIL ACTION OS/26/09 ~ 1:n OEi/Ol/Oq Rpnlll~r Mpp1:inn MTG.DATE ATTACHMENTS OS/26/09 Informational Memorandum dated 5/26/09 Draft Ordinance with exhibit. 06/01/09 Same as above, with ordinance in strike-through/underline fonnat I City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Council Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project: Sensitive Area Master Plan Overlay District QUASI-JUDICIAL DECISION BY CITY COUNCIL ISSUE Apply the designation of "Sensitive Area Master Plan Overlay District" to Tukwila South Project property boundaries as one of the decisions made by Council as part of its review of the Tukwila South Project. BACKGROUND Section 18.45.160 of the Tukwila Municipal Code addresses the Sensitive Area Master Plan Overlay. The purpose of this section is: To provide an alternative to preservation of existing individual wetlands, watercourses and their buffers in situations where an area-wide plan for alteration and mitigation will result in improvements to water quality, fish and wildlife habitat and hydrology beyond those that would occur through the strict application of the provisions of TMC Chapter 18.45 Environmentally Sensitive Areas. The City Council may designate certain areas as Sensitive Area Master Plan Overlay districts for the purpose of allowing and encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation in appropriate circumstances utilizing best available science. Designation of Sensitive Area Master Plan Overlay districts occurs through the Type 5 (City Council, after an open record public hearing) decision process (TMC 18.104). The criteria are: 1. The overlay area shall be at least 10 acres 2. The City Council shall find that preparation and implementation of a Sensitive Area Master Plan is likely to result in net improvements in sensitive area functions and values when compared to development under the general provisions of TMC Chapter 18.45 After the Council designates an overlay district, a Sensitive Area Master Plan is prepared. The Director of Community Development approves the Plan based on consideration of factors listed in TMC 8.45.160.G and H. INFORMATIONAL MEMO Page 2 DISCUSSION La Pianta LLC, the Tukwila South Project applicant, has requested the designation of the Tukwila South Project area as a Sensitive Area Master Plan Overlay District. The site is approximately 512 acres. La Pianta previously prepared a draft Sensitive Areas Master Plan (SAMP) that was formed on the basis of the wetland and sensitive area mitigation. La Pianta discussed the plan with the City, Washington State Department of Ecology (DOE) and the US Army Corps of Engineers (COE). The proposal is to fill 8.26 acres of on-site wetlands. There will also be a net loss of 5.64 acres of on-site wetlands. Compensation for the fill and loss, as allowed by the City, DOE and the Corps, will provide mitigation in the form of enhancing 29.16 acres of on-site wetlands and creating 1.99 acres of on-site wetlands. DOE issued a "401" Water Quality Certification based on this proposal in 2005. COE is currently processing an application from La Pianta for a "404" permit based on this plan. The Director of Community Development, on behalf of the City, will formally evaluate this proposal after Council applies the "Sensitive Areas Master Plan Overlay District" designation to the site and the property is annexed into the City. The existing sensitive areas (wetlands, step slopes, etc) are scattered across the 500 acre site. The opportunity to comprehensively address the wetlands, relocation of Johnson Creek (considered salmon-bearing), other small creeks on site, and the steep hillsides on the eastern side of property through a Master Plan is expected to result in a net improvement to the sensitive areas on the site. A public hearing on application of the Sensitive Area Master Plan Overlay to the Tukwila South Project site is scheduled for May 26, 2009. RECOMMENDATION The Administration recommends Council approve the ordinance designating the Tukwila South Project property as a Sensitive Area Master Plan Overlay District at the Regular Meeting on June 1,2009. ATTACHMENTS Draft Ordinance and Exhibit. W:\2009 InfoMemos\lnfomemo SAMP 5-26-09.doc n~AbT M.d.~-". " ~Iil.... _'" d AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, DESIGNATING THE TUKvVILA SOUTH PROJECT AREA AS A SENSITIVE AREA MASTER PLA1'\1 OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council may designate certain areas as Sensitive Area Master Plan Overlay Districts for the purpose of allowing and encouraging a comprehensive approach to sensitive area protection, restoration, enhancement and creation, in appropriate circumstances, utilizing best available science; and vVHEREAS, the preparation and implementation of a Sensitive Area Master Plan for the Tukwila South Project area is likely to result in net improvements in sensitive area functions and values when compared to development under the general provisions of Tukwila Municipal Code Chapter 18.4; and WHEREAS, the Tukwila South Project site is approximately 500 acres, well above the 10-acre minimum for an area to be designated a Sensitive Area Master Plan Overlay District; and vVHEREAS, an open record public hearing on the designation of the Tukwila South Project area as a Sensitive Area Master Plan Overlay District was held on May 26, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Sensitive Area Approved. The City of TulG'lila hereby approves designation of the Tukwila South Project area, as shown on the attached Exhibit A, as a Sensitive Area Master Plan Overlay District Section 2. 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 3. 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 upon the date on which all the property shown on the map attached hereto as "Exhibit A" is within the municipal boundaries of the City of Tukwila. Section 4. Expiration. The City of Tukwila and La Pianta LLC have entered into a Development Agreement dated Tune , 2009 (the "Development Agreement") regarding the property shown on the map attached hereto as "Exhibit A. If the Development Agreement terminates prior to the expiration of its term in accordance with the terms therein, this Ordinance shall expire without further legislative action and be of no further force or effect PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWlLA, WASHINGTON, at a Regular Meeting thereof this day of ,2009. AITEST/ AUlHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Oerk Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORlvI BY: Attachment Exhibit A - Sensitive Area Master Plan Overlay District Map W:\ Word Processing\ Ordinances\ Tukwila South Sensitive Area.doc LV:ksn OS/28/2009 Page 1 of 1 m=m J ,'/ I'" 'I "I' H H ~ Ilj ~ ; ~ ~li ) OIITJ," II I IHAnlnnlllll1 ) EHffiR= lJ == ~~ II 'I ~ /I - 'w rt!: ~Iil , HI- TIT I . 1:?' Ij, , LbUJ :1 IT I ~~ W~ ~~~R 'rTr-l1l I Ir, v II ~IIII IITI ""\ ' ::!l:!=! ~~ ~ I -b f 3= l- -~ \: 1--tTl, I I f- Tl'- !=l= r-- '; nT\ I-J- f-l=j .l. I-J f-- HFI ~ ~ 1--1\ rrn != ~ f=fr j ~ ~ 1 ..J" I-L)- FI- . ! I I c--r. ~ II W. /;,:,,' -j II f~ ' i I r'1-r'T . IIIIIIR L--t~ - (E3~';::" ,- ..r?~ "'" I\\>"~I r~ ) ~. ' \\\ r~~I~ D ~~ ~m~ . ~ PROJ~IBOU1NDARY '\. . I- ===n 1--1= 18 I '\ . ~ '/' "4 m II-I~ ~ I..~ W All (Ii IV ;= .C 204th STREET ~1";!l #1; r/ ,I{~ I- -{, oil}: ~ ,f" v l'v -n" ':/ V 71 I ~ ~) ri \ \\ r-L r---, \ /; '-'r- \ ~ J.-- r- - (~_. II ... It! - ~"- ~UJ IT7G, ,.., .~ "" :0 '" :J :J N IfIJ-/:~J . r:lmrp II;' ~ I \ 1/ s --_D r LJ ~I I ~ fPBFHrtDART ~ =j Ii I I I; 'I c-.. ~ /1[11 H, \C-~~ I '- I ~I l_ ; , ~ I II-I I ~ . 'OAfS ~- \ I \ / /' o ~ Cfl I ~~ :::J -f f'-' L;j s~ ( )) Cfl < :::;; /' < ~ o I Z -'-' ~ -0 --:-{ '> Ii=: ~ ~ 'f< I ~;;: ~ ,::y NOT TO SCALE II < P- I o Q OJ I Exhibit A i Hil TUKWlLA SOlJTH PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT TUKWILA SOUTH MASTER PLAN SENSITIVE AREA MASTER PLAN TUKWlLA, KlNG COUNTY, WASHTNGTON v y < o I :J / I 1st Ilondav) ~ Transportation Cmte, 5:00 PM (CR #1) );- Civi! Ser iee CSFRffiissien CANCELLED ~ City Council Regular Mtg., 7:00 PM (Council Chambers) 8th J onda ) }> Community Affairs & Parks Cmte, 5: 00 PM (CR #3) ~ City Council Committee of the Wbole Mtg., 7:00 PM (Council Chambers) Upcoming Meetings & Events JUNE 2009 2nd (Tuesda' ~ Chamber of Commerce Gov't & Community Affairs Cmte., 12;00 NOON (Chamber Office) I 3rd (Wednesdav) ~~ GmIe CANCELLED 6th (Saturda ,) ~ Court }> Finance & Safety Cmte, 5:00 PM (CR #3) }> Arts Commission, 5:30 PM (Community Center) 12th (Frida ) }> Human Services Advisory Board, 10:00 AM (Human Services office 10th (Wednesda ) }> Planning Commission (Work Session on Tukwila Urban Center Plan), 6:00 PM (Council Chambers) Council Coffee Chat 10:00 AM to 12:00 NOON at Starbucks (l3038 Interurban Ave.) ~ Tukwila International Boulevard Action Cmte, 7:00 PM (Community Center) Stop by and informally taL'< with a Tukwila City Council-member about an}thing OD YOUT mind regarding Tukwila. A Tukwilo Centennial event: June 13-19: Plein Air Paint Ont ArtislS from throughout the Northwest will paint outdoor scenes of Tulcwila locations. The event will take place over 7 days, and culminate in a juried show at the Tukwila Community Center on June 19. ~ Arts Commission: ]st Tues" 5:30 PM, Tukwila Community Center. Contact Stephanie Gardner at 206-767-2342. ~ Chamber of Commerce's Tukwila Government and Community Affairs Committee: 1st Tues., 12:00 Noon, Chamber Offices. Contact Nancy Damon at 206-575- I 633. }> City Council Committee of Whole (C.O.W.) Meeting: 2nd & 4th Mon., 7:00 PM, Council Chambers at City Hall. ~ City Council Regular Meeting: 1st & 3rd Mon" 7:00 PM, Council Chambers at City Hall. ~ Community Affairs & Parks Committee: 2nd & 4th Mon., 5:00 PM, Conf. Room #3. ~ Equity & Diversity Commission: 1st Thurs., 5:15 PM, Conf. Room #3, Contact Kimberly Matej at 206-433-1834. }> Finance & Safety Committee: 1st & 3rd Tues" 5:00 PM, Conf. Room #3. Agenda items for 612/09 meeting: (A) Bid awardfor repair offire /rUck. (B) Fireworks permitfor annual display at the Family 4th at the Fori celebration. (C) Sales tox reportfor March 2009. (D) 2009 1st quarter report. }>Human Services Advisory Brd: 2nd Fri, of even months, ]0:00 AM, Human Services Office. Contact Evie Boykan at 206-433-7180. ~ Planning CornmissionIBoard of Architectural Review: 4th Thurs., except 2nd Thursday in Nov, & Dec., 7:00 PM, Council Chambers at City Hall. Contact Plynella Bivens at 206-431-3670. ~ Transportation Committee: 1st & 3rd Mon., 5:00 PM, Conf. Room #1. Agenda items for 6/J/09 meeting: (A) Westfield Southcenter Mall-turnaver of infrastructure and dedication of righI-ol-way. (B) Tukwila 6, LLC 4-lot short plat-turnover of infrastructure. ~Tukwila Int'J. Blvd. Action Crnte: 2nd Tues" 7:00 PM, Tulcwila Community Center. Contact Chief Dave Haynes at 206-433-1812. ~ Utilities Committee: 2nd & 4th Tues" 5:00 PM, Conf. Room #1. ~ Court = Busy Court and/or Jury Calendar (noted to alert employees and citizens of potential parking difficulty). Tentative Agenda Schedule .. MONTH MEETING 1 - MEETING 2 - MEETING 3 - MEETING 4- REGULAR C.O.W. REGULAR C.O.W. .. June 1 8 15 22 29th - Public Hearings: Svecial Presentation: Svecial Presentation: Fifth Monday of the See agenda packet - 2010-2015 Update on the Seattle YMCA presentation month-no Council cover sheet ror this Transportation Southside Business (Claudia Tanis, meeting scheduled week's agenda Improvement Attraction Program Executive Director, alld (June 1, 2009 Program (Allison Clark, Ecollomic Amy White, Fillll1!cinl Regular Meeting) - Ordinance annexing Develapment Specialist, Development Director) approximately Highline Community 259 acres of real College) property known as Unfinished Business: the Tukwila South - Resolution adopting project property the 2010-2015 Svecial Issues: Transportation COMMITTEEOFrrlE - Resolution adopling Improvement WHOLE MEETING TO the 2010-2015 Program BE FOLLOv..rco BY A Transportation - Construction contract SPEOAL MEETING Improvement Change Orders 2 & 3 Program for Interurban Ave, - Construction contract S, Waterline Project Change Orders 2 & 3 - Construction contract for Interurban Ave. management S. Waterline Project supplement for - Construction contract Interurban Ave. S, management Waterline Project supplement for - Contract change Interurban Ave. S, order for standby Waterline Project power upgrades - Contract change - 2009 Small Drainage order for standby Program bid award power upgrades - Animal control - 2009 Small Drainage options Program bid award - Ordinance annexing - Ordinance annexing approximately approximately 259 acres of real 259 acres of real property known as property known as the Tukwila South the Tukwila South project property project property - CERB contract - CERB contract - Ordinance amending - Ordinance amending Ordinance No. 2111 Ordinance No, 2111 July 6 13 20 27 3m - Public Hearing-: Independence Day Shoreline Master (observed) Program update and (Cittj offices closed) environmental review (continued from April 20, 2009) August 3 10 17 24 31" - Svecial Presentation: Fifth Monday of the King County Sexual COV.MITTEE OF THE month - no Council Assault Resource WHOLE MEETING TO meeting scheduled Center BE FOLWIYED BY A SPEGAL ML."TING