HomeMy WebLinkAboutAD04-049 - Original - Kent Station, LLC - Development Agreement for the Kent Station Property - 01/20/2004 •
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions,please contact Mary Simmons, City
Clerks Office.
Vendor Name: /►V' I�(��l�V �i ✓ r v
Contract Number._ �✓ �`�' `
This Is assigned by Mary Simmons
Vendor Number:
Project Name: �r
Contract Effective Date: I
Contract Termination Date: l 11
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: oU�
Department: KUM n/v
Abstract:
ADCL7832 07/02
DEVELOPMENT AGREEMENT
1. PARTIES,PLANNING CONCEPT,RECITALS
!,
1.1 PARTIES
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into effective the W day of
.aFct�1V 4 W , 2004, by and between the City of Kent, a Washington municipal corporation ("City") and
KENT STATION L.L C.a Washington limited liability company(the"Developer"). For and in consideration of the
mutual covenants contained herein, the City and the Developer do hereby agree as follows regarding the Kent
Station Property, which is more particularly described in Exhibit A attached hereto and by this reference
incorporated herein("Kent Station Property")
1.2 CITY AUTHORITY
This Agreement is based upon the City's police power, contracting power, and other authority, including
the authority to establish development regulations This Agreement sets forth the terms controlling in the
development of the Kent Station Property.
1.3 RECITALS
1.3.1 City of Kent. The City of Kent is a noncharter code city incorporated under the laws of the
State of Washington,has authority to enact laws and enter into agreements to promote the health,safety,and welfare
of its citizens and thereby to control the use and development of real property within its jurisdiction.
1.3.2 Prior Agreements and Approvals. The Kent Station Property is the subject of a Real
Estate Purchase and Sale Agreement between the Developer and the City,dated s zo (the"Purchase
and Sale Agreement"); the City's Planned Action Ordinance#3608 dated July 16, 2002 (` AO"), and the MPD (as
defined in Section 2 below).
2. DEFINITIONS
The following terms shall have the following meaning All capitalized terms not otherwise defined herein shall have
the same meaning as set forth in the Purchase and Sale Agreement
"Environmental Impact Statement" or "EIS" shall mean the Kent Station Planned Action Supplemental
Environmental Impact Statement("SEIS"), including the draft supplemental EIS dated April 23, 2002,and the final
supplemental EIS dated July 8,2002.
"Infrastructure"means any roads,sidewalks,or other traffic related improvements.
"Kent Station Property"means the certain real property located in the City of Kent,King County,Washington and
more particularly described in Exhibit A attached hereto and by this reference incorporated herein.
"Master Planned Development"or"MPD"means the master planned development and subdivision approved by
the City.
"MPD Conditions"refer to the MPD Conditions approved by the City's Hearing Examiner in his decision dated
January 16,2003 and as implemented in this Agreement. The list of conditions is attached as Exhibit 13
"Parcel" or "Takedown Parcel" shall refer to the Initial Takedown Parcel (or Subsequent Takedown Parcels)
acquired from the City pursuant to the Purchase and Sale Agreement.
"Planned Action Ordinance" or "PAO" means that certain Planned Action Ordinance No. 3608 passed by the
City Council on July 16, 2002,a copy of which is attached hereto as Exhibit C
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"Planned Action Site"means the area governed by the Planned Action Ordinance as defined in Section 3 of that
Ordinance.
"Project"means the types and amounts of uses identified in the Master Plan Development application submitted by
the Developer on November 13,2002 and approved by the City on January 30,2003
"Purchase and Sale Agreement" means that certain Real Estate Purchase and Sale Agreement dated
JM .ZOI ZW¢by and between City,as seller and Developer as purchaser,as the same may from time to time,be
amended,modified or supplemented.
"Utility,Private"means any utility owned and operated by entities other than the City, including but not limited to
electric,cable,telephone,gas,and fiber optics.
"Utility, Public" means the following publicly owned and operated utilities: drinking water, sanitary sewer, and
storm water conveyances. Public utilities do not include privately owned storm water detention/retention structures
or other privately owned water,sewer or storm water systems.
3. PROJECT ELEMENTS
3.1 PROJECT LOCATION
The Kent Station Property consists of approximately 18 216 acres of real property owned by City The
Kent Station Property is located in the Kent Station Planned Action Site, an area located in the City of Kent's
downtown
4. LAND USE
4.1 PERMITTED LAND USE AND DIRECTIVES
The City has approved an MPD for the Property. The MPD authorizes the uses and densities permitted to
be developed on the Property under this Agreement.
4.2 PHASING
The parties anticipate that the Developer will develop the Property in phases generally consistent with the
schedule set forth in the Purchase and Sale Agreement, including an 10 acre initial phase, shown generally in
Exhibit D To the extent that the boundaries of this 10 acre parcel are inconsistent with lots lines approved in the
MPD,the Developer will make the necessary modifications to complete the initial phase development.
Developer may proceed with components anticipated in in each phase of the project,at any time and in any
order, as well as concurrently, subject to the phasing provisions as defined in the Purchase and Sale Agreement,
provided that mitigation is provided for as required under this Agreement,the PAO,and the MPD.
4.3 REGULATION OF USES
4.3.1 Approved Uses. Sites within the Kent Station Property shall be used for
purposes allowed by the zoning for the Property and consistent with the MPD,the Purchase and Sale Agreement and
this Agreement. The foregoing shall not,however,prevent Developer from constructing,owning,operating,leasing
or conveying real property within the Kent Station Property for service facilities consistent with the purpose of those
agreements and permits At this time,no affordable housing requirements apply to the Project
4.3.2 Compliance with Governmental Regulations All uses and activities on each
site shall comply, at the sole expense of each owner, with all applicable governmental regulations and the
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development approvals issued for Kent Station. All uses and operations shall be carried out so as not to cause a
nuisance to adjacent sites.
4.3.3 Use Restrictions. Uses permitted on the Kent Station Property shall be subject
to the Covenants Conditions and Restrictions entered into by the City and the Developer.
4.4 PUBLIC AND PRIVATE OPEN SPACES
4.4.1 Intent. A central feature of Kent Station is providing open spaces for use by the public,
both on a daily basis and on a special event or special occasion basis. For purposes of this Agreement,there are two
types of open space within the Project: (1)public open spaces (consisting of dedicated street rights of way,
dedicated portions of sidewalks,and any other dedicated spaces), and(2)private open spaces(consisting of plazas,
portions of sidewalks, the area known as the"Main Plaza",and other spaces outside of the public right-of-way but
having public access easements. All of these open spaces are intended for general use by the public. In addition,the
Kent Station Property merchants and/or the Developer may desire to conduct periodic sales and/or other promotional
events on the public open space and private open space, and the City may desire to conduct periodic community-
wide events using all or portions of the public open space and private open space.
4.4.2 Use of Public and Private Open Spaces for Special Events
4.4.2.1 By Developer. If a proposed use requires a formal permit from the City, the
Developer or any member thereof may submit applications to use public open space and/or alter public access over
private open space in accordance with then current City regulations. The City will process and may approve,
condition or deny all such applications in accordance with its then applicable regulations. If a proposed use does not
require a formal permit,the Developer shall give 72 hours prior written notice to the City of such proposed use by
the Developer or its members. The Developer shall be responsible for organization, security, cleanup, and other
related needs.
4A.2.2 By the City. If the City desires to close or restrict public access to public or
private open space for temporary events pursuant to Section 4 4, the City shall file a written notice with the
Developer at least 72 hours prior to the event. As to private open spaces, the Developer will review the proposed
use and will not unreasonably withhold its approval. The City shall be responsible for organization, security,
cleanup,and other related needs.
4.4.2.3 Examples. By way of example only, the types of uses that are expected to fall
under this Section 4.4 might include a Thanksgiving Day parade,winter holiday parade and tree lighting ceremony,
spring egg bunt, concerts, entertainment programs, street fairs, and sidewalk sales. The City and Developer shall
periodically determine an annual schedule for recurring events to facilitate planning and coordination.
4.4.3 Artwork in Public and Private Open Spaces. The City may purchase and place
artwork and outdoor sculptures in public open spaces and shall consult with Developer before final approval by the
City Council. The Developer may purchase and place artwork and outdoor sculptures in private open spaces in
accordance with Developer policies.
4.4.4 Assignment to Owner's Association. The City acknowledges that Developer may
assign responsibility for management of private open spaces under Section 4 hereof to an Owner's Association. The
Developer shall notify the City in writing when that assignment occurs.
4.5 INFRASTRUCTURE AND UTILITY ISSUES
4.5.1 Utilities. The City shall construct the road infrastructure improvements identified in
Exhibit E.
The City agrees to provide adequate water capacity to serve the initial phase of the Kent Station
Property as described in Section 4.2 and Exhibit D of this Agreement;however,the City will not guarantee
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the adequacy of water pressure for fire suppression purposes. The City agrees to provide adequate sanitary
sewer capacsty to serve the initial phase of the Kent Station Property as described in Section 4 2 and
Exhibit D of this Agreement and the MPD,subject to any limitations that King County may impose on such
service. Storm drainage from the project will be directed to the 0 Avenue North conveyance system after
detention in Developer's private on-site vaults per current Kent Stormwater Standards, The City concurs
with the type and size of detention system proposed in the Preliminary Drainage Report dated November
13, 2002("Drainage Report"), and the associated downstream analysis. Developer shall construct the on-
site vault and related components of the detention system according to the Drainage Report when the land
associated with each vault is developed.Developer shall have the right to establish a latecomer's agreement
to the extent authorized by law to recover a proportionate share of its costs for constructing the on-site
vaults from properties benefiting from the vaults. Developer shall be responsible for payment of all hook
up and connection fees.
The Developer shall be responsible for all Private Utilities. Developer shall pay all costs to install
Private Utilities to serve the Property, with no obligation on the City's part to pay any proportionate share
of that cost, even though the City could remain the owner of any portions of the Property that are not
subject to Developer's Initial or Subsequent Takedowns and even though the City might sell or otherwise
convey portions of the Property that are not subject to the Developer's Initial or any Subsequent Takedown
purchases.
4.5.2 Infrastructure. Developer shall construct the off-site improvements described in the
Planned Action Ordinance. Subject to the limitation in Section 5.1.5 of this Agreement,Developer shall
have the right to establish a latecomer's agreement to recover its costs as other properties benefiting from
the offsite improvements are developed. If the Developer elects not to construct any of these
improvements,Developer shall so notify the City in writing and shall pay the fee in lieu of construction as
specified in Section 5.1.5 of this Agreement.
4.5.3 Sidewalks. Pursuant to the MPD Conditions and during phasing of the project,a
temporary 12 foot sidewalk between Temperance and Smith Street will be constructed on the west side of
Ramsay Way with cement concrete and generally patterned so that it is consistent with the sidewalks
bordering the Sound Transit garage. In addition,6 foot temporary asphalt sidewalks shall be constructed
on both sides of Ramsay Way to connect 4th Avenue and the permanent sidewalks in the initial phase of
the development. The design of the asphalt sidewalks shall be subject to approval by the Planning
Manager. The overall intent is to create a sidewalk pedestrian network that runs the entire length of
Ramsay Way.
4.5A Deceleration Lane(James Street). The City shall reserve an easement for the
deceleration lane on James Street.
5. CITY PROCESSING AND REVIEW
5.1 SEPA COMPLIANCE
5.1.1 Prior Environmental Review. The City prepared the SEIS regarding the Project. The
City also adopted the Planned Action Ordinance which sets forth the SEPA procedures and mitigation governing the
development of the Kent Station Property. Section 3E of the PAO identifies criteria which would qualify a project
application as a Planned Action,pursuant to RCW 43.21 C.031(2)(a).
5.1.2 Project Environmental Review. The City shall base conditions on Planned Action
projects using the baseline mitigation set forth in the PAO, City codes, ordinances, development regulations and
standards,and applicable county,state or federal requirements and standards.
The Developer's MPD application includes more specific information regarding the amounts and
locations of proposed uses. The City has identified site-specific impacts and mitigation based on this information.
This mitigation is included as conditions of the MPD.
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In addition, further SEPA review may be required in connection with subsequent actions which
exceed the thresholds established in the PAO, Under the PAO, the City retains substantive SEPA authority to
address probable significant adverse environmental impacts not analyzed in the Kent Station EIS.
5.1.3 Vesting of Development Standards and Mitigation Except as provided for in Section
7.13,all development on the Kent Station Property shall be governed by the City land use controls and development
regulations in effect on the date that the Developer submitted its complete MPD application and shall remain vested
until June 30,2013,unless otherwise provided by law. All initial phase development shall further vest to the City's
Construction Standards in effect on the date that the Developer submitted a complete MPD application. A copy of
the Construction Standards that were in effect on the complete MPD application date is attached as Exhibit F,
attached and incorporated by this reference. Construction on subsequent phases will be subject to the City's
Construction Standards in effect on the date Developer submits a complete building permit application and will only
apply to the specific project element to which the building permit applies. This Section 5.13 does not apply to fees,
rates and charges that are not identified in the PAO and does not apply to requirements necessary for public health
and safety, including,without limitation,the Uniform Building Code,Uniform Fire Code, Uniform Plumbing Code,
Uniform Electrical Code, and Uniform Mechanical Code. The Parties may extend the period of vesting by
agreement. All development on the Kent Station Property shall be subject to design review under the version of the
Downtown Design Review Guidelines in effect when the first complete application for design review is submitted.
The City shall reserve authority to impose new or different regulations on the Kent Station
Property (1) to the extent required by a serious threat to public health and safety, (2) to comply with new
requirements of state or federal law,or(3)when the City reasonably believes in good faith that the City's approval
of a subsequent action under the terms of this Agreement or the Planned Action Ordinance would result in a decision
by a State or Federal administrative agency,or a Court of competent jurisdiction that the City failed to comply with
State or Federal laws or regulations.
5.1.4 Modifications of MPD. Requests for modifications of the approved MPD shall be made
in writing and shall be submitted to Planning Services in the manner and form prescribed by the Planning Manager.
Any such request from the Developer shall include a general summary of how the proposed modification meets the
criteria set forth in this Agreement. Determination of whether a modification is minor or major shall be made by the
Planning Manager within ten(10)calendar days after receipt of Developer's written request for a modification. In
making the determination, the Planning Manager shall apply the following guidelines, and follow the process
described in Section 5.1.4.1 and Section 5.1.4.2 below. The initial determination of whether a modification is major
or minor shall be determined by the Planning Manager. The criteria for approval of a request for a change deemed
to be a major modification shall be those general criteria covering original approval of the MPD which is the
subject of the proposed modification.
5.1.4.1 Minor Modifications. The Planning Manager may find that changes to the
MPD such as lot line adjustments, minor relocations of buildings, landscaping, and open space features, and
changes in densities and types of use to be Minor Modifications if:
a. No substantial reduction in square footage of a land use (retail, office/education or housing) is
proposed;
b. No change in the general location or number of vehicular access points that would increase traffic
impacts beyond those for which mitigation is provided in the PAO is proposed;
C. No substantial reduction in the amount of open space for the Project is proposed and no changes
inconsistent with the specific open space conditions in the MPD are proposed;
d. No substantial increase in the total amount of surface parking for the Project is proposed;
e No substantial decrease in floor area ratio or square footage for the Project is proposed;and
f No increases in environmental impacts beyond those for which mitigation is provided in the PAO
are proposed.
5.1.4.2 Major Modifications. Major modifications are those which are determined by
the Planning Manager in good faith to substantially modify the basic design,density or open ~pace or to make other
similar requirements or provisions, or to change the boundary of the MPD as originally approved The Planning
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Manager and the Developer shall meet within ten(10)days after the Developer's receipt of the Planning Manager's
determination that the proposed modification is major to discuss the proposed modification. The discussions shall
include the basis for the Planning Manager's determination, and shall explore ways to modify the proposal that
would remove it from the major modification classification. If the Planning Manager,after good faith discussions
with the Developer within that ten (10) day period, still believes the proposed modification is major and the
Developer still desires to pursue it, then the modification shall be submitted to the Hearing Examiner. The Hearing
Examiner may review such modifications at a regular public hearing in accordance with the Hearing Examiners'
rules and regulations.If a public hearing is held,the process outlined in subsection(F)KCC 15.08.400 shall apply.
The Hearing Examiner shall issue a written decision to approve,deny or modify the request.Such a decision shall be
final.Any appeals of this decision shall be in accordance with KCC 12.01.040.
5.1.5 Mitigation
Sections 3.D.5 (d) & (e) of the Planned Action Ordinance establishes certain offsite transportation
mitigation and road improvement requirements. The City Hearing Examiner's decision on the MPD requires that
the Developer fulfill these offsite transportation mitigation and road improvement requirements.
The above-referenced offsite transportation mitigation section would require the Developer to pay
approximately $1740.84 per p.m. peak hour trip (based on $1086 per trip in 1986 dollars, adjusted by CPI with a
multiplier of 1.63)for a total payment of$1,523,235.
Developer filed a Land Use Petition with the King County Superior Court to appeal the imposition of these
conditions under the Planned Unit Development(Case No. 03-2-17793-8KNT), and Developer has filed an appeal
with the Kent City Council, appealing the imposition of these conditions under the Preliminary Plat Through a
settlement agreement, the City has determined that the conditions identified in Sections 5.1 5.1 and 5.15.2 of this
Agreement satisfy all required offsite transportation mitigation corridor fees payable for the peak hour trips and all
offsite transportation road improvement requirements imposed under the PAO and the Hearing Examiner's
Findings,Conclusions and Decision.
5.1.5.1 General Conditions
The following general conditions shall apply to the Project:
1. As more particularly described in Section 6.1 of this Agreement,the Developer shall pay the City's annual
maintenance and operation charges that become due under the agreement between the City and Sound
Transit. Developer shall pay the actual cost charged to the City. This cost is currently estimated at
$75,000.00 per year.
2. As more particularly described in Section 4.5.1, the Developer shall pay all costs to install Private Utilities
to serve the Property and relinquish all rights to obligate the City,or subsequent purchasers of City-owned
property,to pay a proportionate share of the cost of that installation,even though the City-owned properties
will benefit from the installation of these private utilities.
5.1.5.2 Transportation Conditions
The following transportation conditions shall be performed before issuance of a temporary or final Certificate of
Occupancy on any Initial Takedown improvement:
1. Developer will construct the required oflsne improvements to 4a' Avenue N/S 2281' Street, or at
Developer's option,pay a fee of$216,547.50 in lieu of constructing those improvements
2. Developer will construct the required offsite improvements to Central Avenue S/W Willis Street, or at
Developer's option,pay a fee of$163,814.70 in lieu of constructing those improvements
3. Developer will construct the required offsite improvements to 2"a Avenue S/W Willis Street, or at
Developer's option,pay a fee of$3000.00 in lieu of constructing those improvements.
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The following transportation conditions shall be performed when the total number of p.m.peak hour trips
attributable to the initial or subsequent takedowns exceeds 690 p.m,peak hour trips,and before issuance of a
temporary or final Certificate of Occupancy on those Takedown improvements:
1. Developer will construct the required offshe improvements to 40 Avenue S/W Willis Street, or at
Developer's option,pay a fee of$148,589.10 in lieu of constructing those improvements.
2. Developer will construct the required offsite improvements to 4`° Avenue N/W Harrison Street, or at
Developer's option,pay a fee of$96,000.00 in lieu of constructing those improvements.
As more particularly described in section 4.5.2 of this Agreement, Developer may establish a transportation
latecomer's fee arrangement to obtain reimbursement of a proportionate share of Developer's cost of offsite
transportation improvements for properties within the Kent Station PAO area. Developer will waive those fees,
however,against all properties currently owned by the City that are included in the Kent Station PAO,regardless of
their future ownership.
The Environmental Mitigation Fee applicable to the Property for the City's 272°d/277`h Corridor will be$343.00
per p.m.peak hour trip for all trips generated up to a total of 1460 total trips. However,should the City implement
city-wide alternative transportation mitigation process, such as a transportation impact fee process, the
Environmental Mitigation Fees imposed in the PAO and adjusted in this section will cease to apply to all Kent
Station development building permits applied for after the implementation of that alternative transportation
mitigation process. Such future developments would be subject to that newly enacted process.
All payable dollar amounts in this section are stated to 2003 dollars and,commencing January 1,2004,shall be
adjusted for inflation based on changes in the Consumer Price Index,U.S.city average for all urban consumers,or
the substituted index as prepared by the U.S.Department of Labor,from the index in effect on January 1,2003.
6. PARKING GARAGE
6.1 Maintenance and Operations Costs. Parking for the Kent Station Property shall include the
parking provided for in the Sound Transit Parking Garage as provided for in Exhibit G.Under that
agreement, the City will be required to pay its share of annual maintenance and operation costs
attributable to non-commuter use of the Sound Transit garage by the general public. Developer
shall pay the City's annual maintenance and operation charges that become due under the City's
agreement with Sound Transit. Developer's obligation to pay maintenance and operation charges
shall not be subject to Section 7.2.2 of this Agreement; however the Developer may assign this
obligation with the consent of the City.
The City agrees that it will not allow parking spaces within the Sound Transit Parking Garage to apply
toward the parking requirements for any development other than for the Kent Station Property as generally depicted
in Exhibit A.
7. GENERAL PROVISIONS
7.1 GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Washington.
7.2 BINDING ON SUCCESSORS;ASSIGNMENT;RELEASE OF LIABILITY
7.2.1 Binding. This Agreement shall be binding upon and inure to the benefit of the
successors and permitted assigns of the Developer and the City
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7.2.2 Assignment. The City specifically acknowledges and understands that Developer may
partially assign its rights to acquire and develop a Takedown Parcel pursuant to and in accordance with the
provisions set forth in the Purchase and Sale Agreement to a third party who desires to construct and own their own
improvements in accordance with the terms and conditions of the Purchase and Sale Agreement, the MPD,and this
Development Agreement. Any such assignee shall be subject to the requirements of the Purchase and Sale
Agreement, the MPD and this Development Agreement. The Developer and any assignees may mortgage their
respective interests in Takedown Parcels, once acquired, but that mortgage shall be subject to the requirements set
forth in the Purchase and Sale Agreement,the MPD and this Development Agreement. The City also acknowledges
that the Developer may assign its obligations under Section 4 4 of this Agreement to an Owner's Association, as
more fully described in Section 4.4.4 above.
Upon the transfer to a permitted assignee under this Section 7.2.2, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement with respect to the Takedown Parcel(s)
affected by the transfer,but the Developer shall not be released of liability unless the conditions of subsection 7 2.3
are met.
7.2.3 Release of Liability. In the event of an assignment under Section 7.2 2 of this
Agreement,the Developer shall be released of all liabilities and obligations under this Agreement as to the assigned
parcel(s) if the following conditions are met: (a) the Developer provides notice to the City of the proposed
assignment(s); (b) the assignee(s)has assumed in writing all obligations under this Agreement with respect to the
Takedown Parcel affected by the transfer, and(c)the assignee meets the requirements set forth in the Purchase and
Sale Agreement. If the conditions for release are met under this subsection,then from and after the date of transfer,
the Developer shall have no further liability or obligation under this Agreement as to the assigned parcel prior and
after the date of assignment, and the assignee shall exercise the rights and perform the obligations of the Developer
under this Agreement for that portion of the Property acquired by such assignee. If after release of liability a default
occurs relating to the transferred portion of the Property,such default shall not constitute a default by Developer nor
be a default as to any other portion of the Property not subject to the defaulted obligation. Notwithstanding any
other provision hereof,the Developer whose interest has been transferred through foreclosure or otherwise conveyed
under Section 7.14 relating to mortgagee rights shall be released of liability as to that portion of the Property from
and after the effective date of transfer of the affected portion of the Property through foreclosure or deed in lieu
thereof.
7.3 RECORDING
A memorandum of this Development Agreement shall be recorded against the Kent Station Property as a
covenant running with the land and shall be binding on the Developer,and its mortgagees, successors and permitted
assigns. This Development Agreement shall automatically terminate as it applies to any Takedown Parcel upon any
default by Developer under the Purchase and Sale Agreement or this Agreement for that Takedown Parcel,which is
not cured within the applicable cure period, if any, provided for under this Agreement or the Purchase and Sale
Agreement. Upon any termination by the City of the Purchase and Sale Agreement, Developer's rights under this
Agreement with respect to any Takedown Parcel not previously acquired by Developer shall terminate and City
shall have the right following such termination of the Purchase and Sale Agreement to amend, modify, terminate or
extend the Development Agreement without Developer's consent. This Development Agreement shall otherwise
terminate as provided for in Section 7.13 2 of this Agreement.
7A INTERPRETATION;SEVERABILITY
7.4.1 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 such agreements.
7.4.2 Severability. If any provisions of this Agreement are determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to
the maximum extent allowable under law. If a court finds unenforceability or invalidity of any portion of this
Agreement,the parties agree to seek diligently to modify the Agreement consistent with the court decision,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
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after the court ruling, then either party may initiate the dispute resolution proceedings in Section 7 11 for
determination of the modifications which implement the intent of this Agreement and the court decision.
7.5 AUTHORITY
The City and the Developer each represent and warrant it has the respective power and authority, and is
duly authorized,to execute,deliver and perform its obligations under this Agreement.
7.6 AMENDMENT
The Project may be modified as provided in Section 5.1.4. This Agreement shall not be modified or
amended without the express written approval of the City and the Developer except as provided in Section 7.2 of
this Agreement.
7.7 EXHIBITS AND APPENDICES
Exhibits A through G are incorporated herein by this reference as if fully set forth.
7.8 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 of this Agreement.
7.9 TIME OF ESSENCE
Time is of the essence of this Agreement in 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,then the time period shall be extended automatically to the next business day.
7.10 INTEGRATION
This Agreement together with the Purchase and Sale Agreement,Planned Action Ordinance,and MPD and
any exhibits or appendices to each of the foregoing represent the entire agreement of the parties with respect to the
purchase and development of the Kent Station Property. There are no other agreements,oral or written,except as
expressly set forth herein or therein.
7.11 DISPUTES;DEFAULT AND REMEDIES
7.11.1 Dispute Resolution. If the parties are unable to settle any dispute, difference or claim
arising from the parties'performance of this Agreement,the exclusive means of resolving that dispute,difference or
claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior
Court,King County,Washington,unless the parties agree in writing to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties'performance of this agreement,each party shall pay all its
legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other
recovery or award provided by law. JURY TRIAL WAIVER: CITY AND DEVELOPER HEREBY WAIVE ANY
RIGHT TO TRIAL BY JURY OF ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE
DEVELOPMENT AGREEMENT, WHETHER NOW OR HEREAFTER ARISING AND WHETHER
SOUNDING IN CONTRACT, TORT OR OTHERWISE AND HEREBY CONSENT AND AGREE THAT ANY
SUCH CLAIM SHALL BE DECIDED BY TRIAL WITHOUT A JURY. EITHER PARTY HERETO MAY FILE
AN ORIGINAL COUNTERPART OR COPY OF THIS SECTION WITH ANY COURT AS WRITTEN
EVIDENCE OF THE WAIVER AND AGREEMENT CONTAINED HEREIN.
7.11.2 Default and Remedies. No party shall be in default under this Agreement unless it has
failed to perform under this Agreement for a period of thirty(30)days after receipt of 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
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within the thirty (30) day period,and if the defaulting party has commenced the cure within such time period, then
the parties may mutually agree to extend this time for the diligent prosecution of the cure to completion. Any party
not in default under this Agreement shall have all rights and remedies provided by law including without limitation
damages,specific performance or writs to compel performance or require action consistent with this Agreement.
7.11.3 Relief Against Defaulting Party or Portion of Property. In recognition of the
anticipated sale(s)by the Developer of portions of the Property to others to own, develop and/or occupy within the
Kent Station Property, the remedies under this Agreement shall be tailored to the Property or parties as provided in
the remaining provisions of this subsection. After the transfer of portions of the Property for which the release of
liability provisions apply under Section 7.2.3, any claimed default shall relate as specifically as possible to the
portion of the Property involved and any remedy against any party shall be limited to the extent possible to the
owners of such portion of the Property. To the extent possible,the City shall seek only those remedies which do not
adversely affect the rights,duties or obligations of any other nondefaulting owner of portions of the Property under
this Agreement,and shall seek to utilize the severability provisions set forth in this Agreement. The City shall have
no liability to any person or party for any damages, costs or attorneys fees under this Section 7.11.3 so long as the
City exercises reasonable and good faith judgment in seeking remedies against appropriate parties or portions of the
Property. Nothing in this section modifies the liability or release thereof for the Developer as provided in Section
7.2.3.
7.12 AUTHORIZED AGENT
Developer hereby designates Joe Blattner its agent with authority to give notices, approvals and otherwise
act pursuant to this Agreement. Unless otherwise stated by the Developer, representations and actions by Joe
Blattner shall bind Developer as to all property then owned by it within the Kent Station Property.
7.13 EFFECTIVE DATE AND TERM
7.13.1 Effective Date. This Agreement shall become effective upon execution by all parties and
by its adoption by the Kent City Council.
7.13.2 Term. The term of this Agreement shall continue until the earlier of any default under
this Agreement which is not cured within the applicable cure period,if any,provided,under this Agreement or the
Purchase and Sale Agreement,or June 30,2011,unless the Parties agree to extend it. However, all rights and
benefits conferred through the Planned Action Ordinance will expire as provided in Section 4 of the PAO,and all
rights and benefits under the PUD shall expire as provided by Kent City Code
7.14 MORTGAGEE RIGHTS
Any bank or other financial institution who has loaned money to Developer to finance its acquisition or
development of a Takedown Parcel and who is the beneficiary of a deed of trust or mortgagee ("Mortgagee")of a
mortgage secured against all or any portion of the Kent Station Property (each, a "Mortgaged Parcel") shall be
entitled to notice of default and opportunities to cure as provided in this section. Any Mortgagee may provide
written notice to the City requesting a copy of all notices of default by Developer under this Agreement, or the
Purchase and Sale Agreement which relates to the Mortgaged Parcel. For each Mortgagee who has provided such
notice,the City during the remaining term in this Agreement shall notify such Mortgagee of any event of default by
Developer under this Agreement or the Purchase and Sale Agreement relating to the Mortgaged Parcel. Mortgagee
shall have the right,but not the obligation,to cure such event of default,within the times provided to the Developer
to cure any such default under this Agreement or the Development Agreement,and City agrees to accept such cure
from Mortgagee as if it had been provided by Developer. Failure of the City to notify Mortgagee under this section
shall not give rise to liability on the part of the City. Notwithstanding any other provision of this Agreement, this
Agreement shall not be terminated by the City as to any Mortgagee either(1)who has requested notice but has not
been given notice by the City or (2) to whom notice of default is given by the City and to which either of the
following is true:
-10-
(a) the Mortgagee cures a default involving the payment of money by the Developer within
thirty (30) days after receipt of notice from the City that Developer failed to cure the monetary default within the
cure period set forth in Section 7.11.2 above;or
(b) for defaults which require title or possession of all or any portion of the Property to effect
a cure,then:
(1) the Mortgagee agrees in writing, within sixty (60) days after its receipt of
written notice of default,to assume all obligations of Developer with respect to the Mortgaged Parcels conditioned
upon the Mortgagee's acquisition of the Mortgaged Parcel by foreclosure Oudicial or nonjudicial)or through a deed
in lieu of foreclosure;
(2) the Mortgagee commences foreclosure proceedings to acquire title to the
Mortgaged Parcel within sixty(60)days and thereafter diligently pursues the foreclosure to completion;and
(3) the Mortgagee (or any purchaser of the Mortgaged Parcel at foreclosure,
trustee's sale or by deed in lieu of foreclosure) promptly and diligently cures the default after obtaining title or
possession.
7.15 ESTOPPEL CERTIFICATE
Within thirty(30)days following any written request which any party or a Mortgagee may make from time
to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying
that: (1)this Agreement is unmodified and in full force and effect, or stating the date and nature of any
modification;(2)to the best knowledge of the certifying party,no notice of default has been sent under Section 7.11
of this Agreement or specifying the date(s)and nature of the notice of such default Failure to deliver such statement
to the requesting party within the thirty(30)day period shall constitute a conclusive presumption against the party
failing to deliver such statement that this Agreement is in full force and effect without modification(except as may
be represented by the requesting party) and that there are no notices of default nor infraction (except as may be
represented by the requesting party). The delivery of estoppel certificate on behalf of the City pursuant to this
section shall be deemed an administrative matter and shall not require legislative action. The City shall not have any
liability to the requesting party or to any third party for inaccurate information if it provides the estoppel certificate
in good faith and with reasonable care.
7.16 NO THIRD PARTY BENEFICIARIES
Except for the mortgagee rights under Section 7.14, this Agreement is made and entered into for the sole
protection and benefit of the parties hereto and their respective successors and assigns No other person shall have
any right of action based upon any provision of this Agreement.
7.17 INTERPRETATION
This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule
that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or
enforcement of this Agreement.
7.18 NOTICE
All communications, notices and demands of any kind which a party under this Agreement requires or
desires to give to any other party shall be in writing and either (i)delivered personally, (d)sent by facsimile
transmission with an additional copy mailed first class, or (hi)deposited in the U.S. mail, certified mail postage
prepaid,return receipt requested,and addressed as follows:
If to the City: City of Kent
220 Fourth Avenue S.
Kent,WA 98032
-11-
Attn: City Clerk
Fax:(253)856-6725
with a copy to: City of Kent
220 Fourth Avenue S.
Kent,WA 98032
Attn: City Attorney
Fax:(253)856-6770
with copy to: Preston,Gates&Ellis LLP
IDX Tower
925 Fourth Avenue, Suite 2900
Seattle,Washington 98101-1158
Attn: Eric S.Laschever
If to the Developer: Kent Station L.L.C. c/oTarragon L.L.C.
Attn:Joseph D.Blattner
1000 Second Avenue,Suite 3200
Seattle,WA 98104
Fax: (206)233-0260
With a copy to:
Jameson Babbitt Stites&Lombard,PLLC
999 Thud Ave.,Suite 1900
Seattle,WA 98104
Attn.: Anne DeVoe Lawler
Fax: (206)292-1995
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,notice shall be deemed
delivered 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.
7.19 COOPERATION
The parties shall not unreasonably withhold requests for information, approvals or consents provided for in
this Agreement. The parties agree to take further actions and execute further documents, either jointly or within
their respecti-va powers and authority, to implement the intent of this Agreement. The City agrees to work
cooperatively with the Developer to achieve the mutually agreeable goals as set forth in this Agreement, subject to
the City's independent exercise of judgment and subject to the terms of the MPD the Kent City Code, and other
applicable governmental regulations that are not addressed in this Agreement.
7.20 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. "Force Majeure"shall mean"strikes,
riots,judicial actions by federal or state governmental agencies that enjoin construction on the Property,acts of God,
war or acts of terrorism.
-12-
7.21 SURVIVAL
The following sections or subsections of this Agreement shall survive the termination or expiration of this
Agreement: Section 4.4,Section 4.5 and Section 6.1.
APPROVED AS TO FORM CITY OF KENT,A Washington Municipal
Corporation
CITY ATTORNEY V/ By:
Printed e: r
Title:
Date: —�a�
DEVELOPER
KENT STATION LLC,a Washington limited liability
company
By: Tarragon L L C.,
a Washington limited liability
Company,its Manager
By
Joseph D.Blattner
Manager
-13-
EXHIBIT A
Kent Station Legal Description(24 nagesl
PARCEL1
THAT PORTION OF PARCEL"A"DESCRIBED IN DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER KING COUNTY RECORDING NO.20010209000549;AND TRACT"X"
DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER
RECORDING NO. 20010209000550;AND OF PARCELS"A", "B" "C","D",AND "E" DESCRIBED IN
DEED FROM LEO G. BRUTSCHE AND NORMA J. BRUTSCHE TO THE CITY OF KENT UNDER
KING COUNTY RECORDING NUMBER 9905042556;AND OF TEMPERANCE STREET RIGHT OF
WAY IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT,AS RECORDED IN
VOLUME 16 OF PLATS, PAGE 89, RECORDS OF KING COUNTY, WASHINGTON; BEING A
PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,
TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.IN KING
COUNTY, WASHINGTON;THENCE NORTH 88036'27"WEST ALONG THE NORTH LINE OF SAID
SUBDIVISION TO A LINE PARALLEL WITH AND DISTANCE 30 FEET WEST OF, AS MEASURED
PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE
OF FIRST AVENUE NORTH;THENCE SOUTH 01038'30"WEST ALONG SAID WEST LINE A
DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT"X"AS DESCRIBED IN
QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY
RECORDING NO. 20010209000550;
THENCE CONTINUING SOUTH 01038'30"WEST ALONG SAID WEST LINE A DISTANCE OF
133.06 FEET TO THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF RAMSAYS
ADDITION TO THE TOWN OF KENT,AS RECORDED IN VOLUME 16 OF PLATS, PAGE 89,
RECORDS OF KING COUNTY,WASHINGTON;
THENCE NORTH 88034'10"WEST ALONG SAID NORTH MARGIN,A DISTANCE OF 32186 FEET
TO INTERSECT THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF SECOND
AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION AND THE POINT OF BEGINNING;
THENCE SOUTH 01038'03"WEST ALONG SAID NORTHERLY PROLONGATION AND SAID WEST
MARGIN 353.89 FEET TO A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET THROUGH A CENTRAL ANGLE OF 89047'49"AN ARC DISTANCE OF 31.35 FEET,
THENCE NORTH 88034'10"WEST 9.80 FEET TO INTERSECT THE ARC OF A CURVE TO THE
LEFT IN THE SOUTHERLY LINE OF A 60-FOOT WIDE TRACT OF LAND AS DESCRIBED IN
PARCEL"E"OF DEED UNDER KING COUNTY RECORDING NO. 9905042556, FOR A SPUR
TRACK OVER BLOCK 1 AND BLOCK 2 SAID PLAT OF RAMSAY'S ADDITION, THE CENTER OF
WHICH BEARS SOUTH 59001'48"WEST 353.06 FEET DISTANT;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE AND CURVE TO THE LEFT
HAVING A RADIUS OF 353.06 FEET, THROUGH A CENTRAL ANGLE OF 51009'55"AN ARC
DISTANCE OF 315.28 FEET TO THE CENTERLINE OF VACATED THIRD AVENUE NORTH,AS
VACATED BY CITY OF KENT ORDINANCE NO.2779, RECORDED UNDER KING COUNTY
RECORDING NO.8807130681;
THENCE NORTH 0103742"EAST ALONG SAID CENTERLINE 60.30 FEET TO INTERSECT THE
ARC OF A CURVE TO THE LEFT IN THE NORTHERLY LINE OF SAID 60-FOOT WIDE TRACT,
THE CENTER OF WHICH BEARS SOUTH 06"57'21"WEST 413.06 FEET;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND CURVE TO THE LEFT
HAVING A RADIUS OF 413.06 FEET THROUGH A CENTRAL ANGLE 5031'31",AN ARC DISTANCE
OF 39.83 FEET TO A POINT OF TANGENCY IN THE SOUTH LINE OF LOT 11, BLOCK 1,SAID
PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT;
THENCE NORTH 88034'10"WEST ALONG THE SOUTH LINE OF SAID LOT 11 AND WESTERLY
PROLONGATION THEREOF A DISTANCE OF 220.06 FEET TO INTERSECT THE EAST LINE OF
THE WEST 29 FEET OF LOT 2,BLOCK 1,SAID PLAT OF RAMSAYS ADDITION TO THE TOWN
OF KENT;
THENCE NORTH 01°37'15"EAST ALONG SAID EAST LINE A DISTANCE OF 25.00 FEET;
THENCE NORTH 88"34'10"WEST A DISTANCE OF 15.00 FEET TO INTERSECT THE EAST LINE
OF THE WEST 14 FEET OF LOT 2, BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE
TOWN OF KENT; SAID EAST LINE BEING 47 FEET EAST OF,AS MEASURED PERPENDICULAR
TO,THE CENTERLINE OF FOURTH AVENUE NORTH;
THENCE NORTH 01037'15"EAST ALONG SAID EAST LINE AND NORTHERLY PROLONGATION
THEREOF A DISTANCE OF 124.94 FEET TO INTERSECT THE NORTH MARGIN OF
TEMPERANCE STREET IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT,
THENCE NORTH 01037'08"PARALLEL WITH THE CENTERLINE OF FOURTH AVENUE NORTH A
DISTANCE OF 303.04 FEET;THENCE NORTH 46037'26" EAST 25.36 FEET; THENCE SOUTH
88022'52"EAST 278.79 FEET TO A POINT OF CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 267 00
FEET,THROUGH A CENTRAL ANGLE OF 90000'55", AN ARC DISTANCE OF 419.47 FEET TO A
POINT OF TANGENCY IN THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF
SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT;
SAID POINT BEING 52.04 FEET NORTH OF THE POINT OF BEGINNING AS MEASURED
ALONG THE NORTHERLY PROLONGATION OF SAID WEST MARGIN;
THENCE SOUTH 01038'03"WEST ALONG THE NORTHERLY PROLONGATION OF SAID WEST
MARGIN A DISTANCE OF 52 04 FEET TO THE POINT OF BEGINNING.
CONTAINING 285,651 SQUARE FEET MORE OR LESS.
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page 1
Triad Standard Prototype Settings
Project . 01225 Fri October 25 16 : 03 : 34 200:
Parcel Map Check
----- -- --------------------------------------------------------------------
Parcel name: PARCEL-1
North: 143363 .8148 East : 1653092 . 9906
Line Course: S 01-38-03 W Length: 30. 00
North: 143333 . 8270 East : 1653092 . 1350
' Line Course : S 01-38-03 W Length: 323 . 89
North: 143010 . 0687 East : 1653082 .8984
Curve Length: 31.35 Radius: 20. 00
Delta: 89-47-49 Tangent: 19.93
Chord: 28.23 Course: S 46-31-56 W
Course In: N 88-21-59 W Course Out: S 01-25-50 W
RP North: 143010 .6389 East : 1653062 . 9065,
End North: 142990 . 6451 East : 1653062 .4072
Line Course: N 88-34-10 W Length: 9. 80
North: 142990 . 8898 East : 1653052 . 6103
Curve Length: 315.29 Radius : 353 . 06
Delta: 51-09-56 Tangent : 169. 02
Chord: 304 .91 Course: N 56-33-10 W
Course In: S 59-01-48 W Course Out : N 07-51-52 E
RP North: 142809 .2089 East : 1652749. 8836
End North: 143158 . 9482 East : 1652798 . 1928
Line Course: N 01-37-42 E Length: 60.30
North: 143219.2239 East : 1652799 . 9063
Curve Length: 39. 83 Radius: 413 . 06
Delta: 5-31-31 Tangent : 19 .93
Chord: 39. 82 Course: N 85-48-25 W
Course In: S 06-57-21 W Course Out: N 01-25-50 E
RP North: 142809.2041 East : 1652749. 8830
End North: 143222 .1353 East : 1652760 . 1951
Line Course: N 88-34-10 W Length: 121. 14
North: 143225. 1596 East : 1652639. 0929
Line Course : N 88-34-10 W Length: 98 . 92
North: 143227.6292 East : 1652540 .2037
Line Course : N 01-37-15 E Length: 25. 00
North: 143252 .6192 East : 1652540 . 9108
Line Course : N 88-34-10 W Length: 15. 00
North: 143252 . 9937 East : 1652525 . 9155
Line Course : N 01-37-15 E Length: 94 . 94
North: 143347 .8957 East : 1652528 .6009
Line Course : N 01-37-15 E Length: 30. 00
North: 143377.8837 East : 1652529 .4495
Line Course : N 01-37-08 E Length: 152 . 98
North: 143530 . 8026 East : 1652533 . 7713
Line Course : N 01-37-08 E Length: 150 . 06
North: 143680 .8027 East : 1652538 . 0107
page 2
Triad Standard Prototype Settings
Project : 01225 Fri October 25 16 : 03 :34 2002
Parcel Map Check
Line Course: N 46-37-26 E Length: 25 .36
North: 143698 .2196 East : 1652556. 4439
Line Course: S 88-22-52 E Length: 278 . 79
North : 143690 .3434 East : 1652835. 1226
Curve Length: 419.47 Radius: 267. 00
Delta : 90-00-55 Tangent : 267. 07
Chord: 377 .65 Course: S 43-22-25 E
Course In: S 01-37-08 W Course Out : S 88-21-57 E
RP North: 143423 . 4500 East : 1652827 . 5796
End North: 143415 . 8358 East : 1653094 .4710
Line Course : S 01-38-03 W Length: 52 . 04
North: 143363 . 8169 East : 1653092 . 9869
Perimeter: 2274 .15 Area: 285, 650.97 6 . 56
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure : 0 .0042 Course: N 59-18-48 W
Error North: 0. 00216 East : -0 .00365
Precision 1 : 541,466 . 67
PARCEL 2
THAT PORTION OF PARCEL OR% "B",AND"C", DESCRIBED IN DEED FROM BORDEN CHEMICAL
l"0 THE CITY OF KENT UNDER KING COUNTY RECORDING NO.20010209000549;AND TRACT
"X"DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT
UNDER RECORDING NO.20010209000550;BEING A PORTION OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.,
IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST.W M.IN KING
COUNTY,WASHINGTON;THENCE NORTH 88036'27"WEST ALONG THE NORTH LINE OF SAID
SUBDIVISION TO A LINE PARALLEL WITH AND DISTANCE 30 FEET WEST OF,AS MEASURED
PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE
OF FIRST AVENUE NORTH;THENCE SOUTH 01038'30"WEST ALONG SAID WEST LINE AND
EAST LINE OF SAID PARCELS "A "B",AND"C"A DISTANCE OF 762.45 FEET TO THE
NORTHEAST CORNER OF TRACT W AND A POINT ON THE ARC OF A CURVE TO THE RIGHT,
THE CENTER OF WHICH BEARS NORTH 42948'33" WEST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44
FEET,THROUGH A CENTRAL ANGLE OF 04°39'28",AN ARC DISTANCE OF 21.58 FEET TO A
LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF,AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING;
THENCE SOUTH W038'30"WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET TO
A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20,00
FEET. THROUGH A CENTRAL ANGLE OF 89047'20"AN ARC DISTANCE OF 31.34 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 20.50 FEET NORTH OF,AS MEASURED
PERPENDICULAR TO, THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF
J
5
RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS,PAGE
89, IN KING COUNTY,WASHINGTON;
THENCE NORTH 88034'10"WEST ALONG SAID PARALLEL LINE A DISTANCE OF 201.87 FEET
TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 18.00 FEET,THROUGH A CENTRAL ANGLE OF 90°12'13"AN ARC
DISTANCE OF 28.34 FEET TO A POINT OF TANGENCY, SAID POINT BEING 38.56 FEET NORTH
OF THE NORTH MARGIN OF TEMPERANCE STREET AS MEASURED ALONG THE NORTHERLY
PROLONGATION OF THE EAST MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT;
THENCE NORTH 01038'03"EAST ALONG SAID NORTHERLY PROLONGATION A DISTANCE OF
13.25 FEET TO A POINT OF CURVE;
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 333,00,
THROUGH A CENTRAL ANGLE OF 90000'55"AN ARC DISTANCE OF 523 16 FEET;
THENCE NORTH 88022'52"WEST 280.62 FEET;
THENCE NORTH 44008'44"WEST 25.19 FEET;
THENCE NORTH 00005'23" EAST 163 78 FEET;
THENCE NORTH 06*5626"EAST 89.62 FEET TO INTERSECT A LINE PARALLEL WITH AND 9.00
FEET EAST OF EAST LINE OF FOURTH AVENUE NORTH AS APPROPRIATED BY CITY OF KENT
UNDER SUPERIOR COURT CAUSE NO.706251:
THENCE NORTH 01037'08"EAST ALONG SAID EAST LINE A DISTANCE OF 97.51 FEET.
THENCE SOUTH 88022*52"EAST 15.00 FEET;
THENCE NORTH 01°37'08"EAST 25.00 FEET;
THENCE NORTH 88"22'52"WEST 15.00 FEET;
THENCE NORTH 010 37'OB"EAST 31.08 FEET;
THENCE NORTH 46030'20"EAST 44.40 FEET TO THE SOUTH LINE OF THE NORTH 52.60 FEET
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 24;
THENCE SOUTH 88036'27"EAST ALONG SAID SOUTH LINE A DISTANCE OF 820.00 FEET;
THENCE SOUTH 34049'00°EAST 27.89 FEET TO INTERSECT ALINE PARALLEL WITH AND 16
FEET WEST OF,AS MEASURED PERPENDICULAR TO,THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID PARCELS"A","B",AND"Co;
THENCE SOUTH 01°38'30"WEST ALONG SAID EAST LINE 30.00 FEET,
THENCE NORTH 88021'30"WEST 10.00 FEET;
THENCE SOUTH 01°38'30"WEST 10.00 FEET;
THENCE SOUTH 88021'30"EAST 10.00 FEET TO THE EAST LINE OF SAID PARCELS"A","B",
AND "G%
THENCE SOUTH 01 03810"WEST ALONG SAID EAST LINE A DISTANCE OF 661.85 FEET TO
THE TO THE POINT OF BEGINNING.
CONTAINING 507.848 SQUARE FEET MORE OR LESS
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page 1
Triad Standard Prototype Settings
Project : 01225 Fri November 08 1)2 :43 :01 2002
Parcel Map Check
- - ----------------------------------------------------------------------
Parcel name: PARCEL-2 ,
North: 143474. 7827 East : 1653402 .1505
Line Course : S 01-38-30 W Length: 78.23
North: 143396.5848 East : 1653399- 9093
Curve Length: 31 .34 Radius: 20.00
Delta: 89-47-20 Tangent : 29.93
Chord: 28 .23 Course : S 46-32-10 W
Course In: N 88-21-30 W Course Out : S 01-25-50 W
RP North : 143397- 1578 East : 1653379. 9176
End North: 143377. 1640 East : 1653379.4182
Line Course: N 88-34-10 W Length: 201. 87
North: 143382 .2037 Ease. : 1653177. 6112
Curve Length: 28.34 Radius: 18.00
Delta: 90-12-13 Tangent : 18.06
Chord: 25. 50 Course: N 43-26-04 W
Course In: N 01-29-50 L Course: Out : N 88-21-57 W
RP North: 113400. 1981 East : 1953178 . 0905
End North: 143400 . 7115 East : 1653160 .0679
Line Course: N 01 38. 03 E Length: 13 .25
North: 143413 . 9561 East : 1653160.4457
Curve Length: 523 . 16 Radius : 333 .00
Delta: 90-00-55 Tangent: 333. 09
Chord: 471 .00 Course: N 43-22-25 W
Course In: N 88-21-57 W Course Out : N 01-37-OB E
RP North: 143423.4525 East : 1652827 .5812
End North: 143756 ,3196 East : 1652836 .9888
Vine- Course:- N 88-22-52- W - Length: 280 .62 - - -
North: 143764.2474 East 1652556 . 4806
Line Course: N 44-08-44 W Length: 25 . 19
North: 143782 .3931 East 1652538 . 9364
Line Course: N 00-05-23 E Lengfb : 163 .78
North: 143946. 1029 Last 1652539. 1929
Line Course: N 06-56-26 E Length: 89. 62
North: 144035. 0661 East : 1652550- 0225
Line Course: N 01-37-08 P Length: 97.51
North. 144132. 53'/2 East : 1652552. 7773
Linc Course: S 88-22-52 E Length: 15. 00
North: 144132. 1134 East : 1652567. 7713
Line Course: N 01 37-08 E Length: 25.00
North: 144157. 1035 East : 1652568. 4776
Line Course: N 88-22-52 W Length: 19. 00
North: 144157. 5272 East : 1652553'. 4835
Line Course: N 01-37-08 L Length: 31. 08
North: 144188.5948 East : 1652554. 3616
page 2.
Triad Standard Prototype Settings
Project : 01225 Pri November 08 08:43 : 01 2002
Parcel Map Check
Line Course: N 46. 30. 20 E Length: 44 . 40
North: 144219. 1346 East : 1652586.5712
Line Course: S 88-36-27 E Length: 820 . 00
North: 144199.2276 East : 1653406.3290
Line Course: S 34-49-00 E Length: 27. 89
Worth: 144176.3303 East : 1653422.2529
Line Course: S 01-38-30 W Length: 30. 00
North: 144146 .3427 East : 1653421.3934
Line Course: N 88-21-30 W Length: 10. 00
North: 144146. 6291 East : 1653411.3975
Line Course: S 01-38-30 W Length: 10 . 00
North: 144136 . 6332 East : 1653411.1110
Line Course: S 88-21-30 E Length: 10. 00
North: 144136.3468 East : 1653421 .2069
Line Course: S 01-38-30 W Lcngth: 198. 00
North: 143938 .4280 East : 1653415.4345
Line Course: S 01-38-30 W Length: 235 . 00
North: 143703 .5245 East : 1653408.7021
Line Course: S 01-38-30 W Length: 228 . 83
North: 143474 . 7684 East : 1653402.1459
Perimeter: 3233 .12 Area: 507, 847.56 11.66
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Frror, Closure: 0.0150 Course: S 18-00-45 W
Error North: -0. 01427 Eagt : -0. 00464
Precision 1 : 215, 542 . 00
SANITARY SEWER EASEMENT AREA
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
24, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M., KING COUNTY,WASHINGTON LYING WITHIN
A 15-FOOT WIDE STRIP OF LAND, BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERINE:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 52.50 FEET OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SAID SECTION 24 WITH THE
WEST LINE OF THE EAST 517.55 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 24;THENCE SOUTH 160 37' 51"WEST 28.84 FEET;THENCE
SOUTH 010 38'30"WEST 425.15 FEET;THENCE SOUTH 55° 18' 12"EAST 67 22 FEET;THENCE
SOUTH 280 31'30"WEST 2.86 FEET TO THE TERMINUS OF THE DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE EXTENDED OR DIMINISHED TO INTERSECT THE ARC
OF A CURVE HAVING A RADIUS OF 333.00 FEET; THE CENTER OF WHICH BEARS SOUTH
28012'16"WEST FROM THE TERMINUS OF SAID DESCRIBED CENTERLINE.
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THAT PORTION OF PARCEL"A","B",AND"C", DESCRIBED 1N DEED FROM BORDEN
CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000549;
AND OF TRACT"X"DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER RECORDING NO.20010209000550;BEING A PORTION OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4
EAST,W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.IN KING
COUNTY, WASHINGTON;
THENCE NORTH 88036'27"WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE
PARALLEL WITH AND DISTANCE 30 FEET WEST OF,AS MEASURED PERPENDICULAR TO,
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID
PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST
AVENUE NORTH;
THENCE SOUTH 01038'30"WEST ALONG SAID WEST LINE AND EAST LINE OF SAID PARCELS
"A", "B",AND"C"A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT"X"
AND A POINT ON THE ARC OF A CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS
NORTH 42048'33"WEST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265 44
FEET,THROUGH A CENTRAL ANGLE OF 04039'287,AN ARC DISTANCE OF 2158 FEET TO A
LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF,AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING;
THENCE SOUTH 01038'30"WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET TO
A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET, THROUGH A CENTRAL ANGLE OF 89047'20"AN ARC DISTANCE OF 31.34 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 20.50 FEET NORTH OF,AS MEASURED
PERPENDICULAR TO,THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT,AS RECORDED IN VOLUME 16 OF PLATS,PAGE
89, IN KING COUNTY,WASHINGTON;
THENCE NORTH 88034'10"WEST ALONG SAID PARALLEL LINE A DISTANCE OF 20187 FEET
TO A POINT OF CURVE;
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 18.00
FEET, THROUGH A CENTRAL ANGLE OF 90" 12'13"AN ARC DISTANCE OF 28.34 FEET TO
INTERSECT THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET;THE
CENTER OF WHICH BEARS NORTH 85015'21" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 18 00
FEET THROUGH A CENTRAL ANGLE OF 83049'31"AN ARC DISTANCE OF 26.33 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 22.50 FEET NORTH OF,AS MEASURED
PERPENDICULAR TO,THE NORTH MARGIN OF TEMPERANCE STREET IN SAID PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT;
THENCE SOUTH 880 34' 10"EAST ALONG SAID PARALLEL LINE A DISTANCE OF 201.97 FEET
TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET,THROUGH A
CENTRAL ANGLE OF 89°47'20", AN ARC DISTANCE OF 28.21 FEET TO A POINT OF
TANGENCY IN A LINE PARALLEL WITH AND 18 FEET WEST OF,AS MEASURED
PERPENDICULAR TO,THE EAST LINE OF SAID TRACT"X";
THENCE NORTH 01' 38'30"EAST PARALLEL WITH THE NORTHERLY PROLONGATION OF
SAID EAST LINE 740.08 FEET;
THENCE SOUTH 88021'30"EAST 2.00 FEET TO INTERSECT A LINE PARALLEL WITH AND 16
FEET WEST OF,AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT"A", "B",AND"C";
THENCE SOUTH 01" 38'30"WEST ALONG SAID EAST LINE A DISTANCE OF 66185 FEET TO
THE POINT OF BEGINNING.
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page ].
Project • 01225 Pra. November 08 09:12 :10 2002
Parcel Map Check
------ - ------------------ --------------------------•-- --- -----------------
Parcel name : STTJEWALK ESMT SOUTH
North: 143474. 7827 EasL : 1653402 . 1505
.Line. Course: 9 01-38-30 W Length: 78 .23
North: 1.43396.5848 East : 1653399.9093
Curve Length: 31. 34 Radius: 20 . 00
Delta: 89-47-20 Tangent: 19.93
Chord: 28 .23 Course: 8 46-32-10 W
Course In: N 88-21-30 W Course Out: S 01-25-50 W
RP North: 143397.1578 East : 16533'19.9176
End North: 143377.1640 East : 1653379.4182
Lino Course: N 88-34-10 W Length: 202.87
North: 143382 .2037 East : 1653177.6112
Curve Length: 28.34 Radius: 18 .00
Delta: 90-12-13 Tangent : 18. 06
Chord: 25.50 Course : N 43-28-04 W
Course In: N 01-25-50 E Course Out: N 88-21-57 W
RP North: 143400. 1981 East : 1653178 . 0605
End North: 143400. 7115 EdSU : 1653160 .0679
Curve Length: 26 .33 Radius : 18. 00
Delta: 83-49-31 Tangent : 16.16
Chord: 24 . 05 Course : S 46-39-25 E
Course In: N 85-15-21 E Course Out : S 01-25-50 W
RP North: 143402.2002 East : i6531,78. 0062
End North: 143384 .2058 East : 1653177.5568
Line Course: S 88-34-10 E Length: 201 .97
North: 113379.1635 Fast : 1653379.4639
Curve Length: 28 .21 Radius : 18. 00
Delta: 89-47-20 Tangent : 17. 93
Chord: 25 .41 Course : N 46-32-10 E
Course In: N 01-25-50 E Course Out : S 88-21-30 E
RP North: 143397.1579 East : 1653379.9132
End North: 143396.6423 East : 1653397.9059
Line Course: N 01 -38-30 E Length: 740.08
Nox'Lh: 144136.4185 East : 1653419. 1081
Line Course: S 88-21-30 E Length: 2 . 00
North: 144136.3612 East : 1653421.1073
Line Course: 8 01-38-30 W Length: 661 . 85
North; 143474 .7829 East : 1653402. 1462
Perimeter: 2000.21 Area: 1, 977. 69 0 . 05
Mapcheck Closure - M ses listed courses, radii, and delLas}
Error Closure: 0. 0043 Course; N 87-46-40 W
Error North: 0. 00017 East : -0 . 00431
page 2
Project : 01225 Fri November OR 09:12: 10 2002
Parcel. reap Check
Precision 1: 465, 167.44
SIDEWALK EASEMENT AREA
THAT PORTION OF PARCEL"A","B",AND "C", DESCRIBED IN DEED FROM BORDEN
CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO.20010209000549;
AND OF TRACT"X"DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER RECORDING NO. 20010209000550;BEING A PORTION OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24,TOWNSHIP 22 NORTH, RANGE 4
EAST,W.M., IN KING COUNTY WASHINGTON,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST,W.M.IN KING
COUNTY,WASHINGTON;
THENCE NORTH 88036'27"WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO ALINE
PARALLEL WITH AND DISTANCE 30 FEET WEST OF,AS MEASURED PERPENDICULAR TO,
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER,SAID
PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST
AVENUE NORTH;
THENCE SOUTH 01°38'30"WEST ALONG SAID WEST LINE AND EAST LINE OF SAID PARCELS
"A", "B", AND"C"A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT"X"
AND A POINT ON THE ARC OF A CURVE TO THE RIGHT,THE CENTER OF WHICH BEARS
NORTH 42048'33"W EST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44
FEET,THROUGH A CENTRAL ANGLE OF 04039'28",AN ARC DISTANCE OF 21.58 FEET TO A
LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH;
THENCE NORTH 01038'30" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 671.85 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88021'30"WEST 2.00 FEET TO INTERSECT A LINE PARALLEL WITH AND 18
FEET WEST OF,AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT"A","B",AND"C";
THENCE NORTH 010 38'30" EAST PARALLEL WITH SAID WEST LINE A DISTANCE OF 32.71
FEET;
THENCE SOUTH 34"49'00"EAST 3.37 FEET TO INTERSECT ALINE PARALLEL WITH AND 16
FEET WEST OF,AS MEASURED PERPENDICULAR TO,THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT"A","B",AND"C";
THENCE SOUTH 01"38'30"WEST ALONG SAID EAST LINE A DISTANCE OF 30 00 FEET TO
THE POINT OF BEGINNING.
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Page 1
Project : 01225 Pri November 08 09: 12 : 08 2002
Parcel Map Check
------------ ---------------------------------------------------------------
Pdreel ziame : SIDEWALK .ESM4 NOXTH
North: 144176.2440 East : 16534?.2 .a575
Line Course: 5 01 -38-30 W Length: 30.00
North: 144146.3563 East : 1653421 .3980
Line Course : N 88-21-30 W Length: 2. 00
North: 144146.4136 East : 1653419.3988
Lane Course : N 01-38-30 E Length: 32 . 71
North: 144179 . 1102 East : 1653420 . 3359
Line Course : S 34-49-00 E Length: 3 .37
North: 144176.3434 East : 1653422 . 2600
Perimeter: 68.07 Area: 62 . 71 0.00
Magcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0026 Course : S 78-22-21 E
Error North: -0. 00053 Easc : 0. 00257
Precision 1: 26,184 .62
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EXHIBIT B
MPD Conditions(8 uaQes)
Conclusions Based on Findings
Planned Unit Development Review
With conditions of approval, the Planned Unit Development application will
satisfy all of the criteria for approval established by the City Council. Conditions
of approval related to street improvements, sidewalk construction, installation of street
lighting, planting of street trees, accommodation of bicycle lanes, design of open space
areas, non-interference with ongoing site cleanup monitoring activities, location of
pedestrian crossings, provision of utility easements, air quality protection, provision for
parking, appropriate truck maneuvering areas and compliance with SEPA mitigation
measures are necessary to ensure that the Planned Unit Development is developed in a
manner consistent with the criteria for approval. Findings of Fact No. 1-5, 6-12.
Preliminary Plat Review
With conditions of approval, the preliminary plat application to divide 18.2 acres
into twenty lots will satisfy all of the criteria for approval established by the City
Council. Conditions of approval related to installation of a gravity sewer system,
installation of a private stormwater system, installation of a water system, approval of a
grading plan, sidewalk construction, location of pedestrian walkways, air quality
protection, conveyance of easements and compliance with SEPA mitigation measures
are necessary to ensure that development of the plat is accomplished in a manner
consistent with the criteria for approval. Findings of Fact No. 1-5, 13-17.
DECISIONS
Planned Unit Development
The request for approval of a Master Plan/Planned Unit Development for mixed-use
development of approximately 18.2 acres of property is GRANTED, subject to the
following conditions:
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
K1VA#RPP3-2023555
Page 10 of 17
1. All engineering plans shall meet the minimum requirements of the City of Kent
Construction Standards, (in effect as of November 13, 2002 and consistent with
the vesting of Development Standards as outlined in the Development
Agreement between the Developer and the City) applicable City of Kent
Development Assistance Brochures, and the 2002 City of Kent Surface Water
Design Manual.
2. The new private commercial street (2"d Place South) located between James
Street and the Grand Arc shall be designed as follows:
a) The street shall be designed in such a way as to clearly define the
beginning and terminus of the private street at the public street
intersections. This may include curb returns, commercial driveway
approaches or other design alternatives as deemed appropriate by the
Public Works Director. Other driveways shall be in conformance with the
City of Kent Construction Standards (in effect as of November 13, 2002).
b) The street shall provide for a minimum of two 12—foot travel lanes. The
area for parallel parking shall be in conformance with KCC 15.05.100
Minimum parking design standards.
c) Street lighting along the private street shall be the same as that which is
installed along the Grand Arc.
d) Street trees shall be installed along both sides of the private street and
shall be placed within decorative cast iron (or similar) tree grates if located
within the paved sidewalk area. The species of street trees, spacing of
trees and tree grates shall be jointly approved by the Kent Parks
Department, Planning Services Division and Public Works Department.
e) The minimum width of sidewalk shall be ten feet on both sides of the
private street. The sidewalk shall be aesthetically textured in a manner
similar to what is approved for the sidewalks along the Grand Arc.
Sidewalk texture shall be jointly approved by the Kent Planning Services
and Public Works Department.
f) The street shall include a private stormwater drainage system meeting the
requirements of the 2002 City of Kent Stormwater Design Manual.
g) The private street, street trees and decorative elements shall be
maintained at the sole expense of the developer and any future owner(s).
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master PlanlPlanned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
KIVA#RPP3-2023555
Page 11 of 17
h) The street bulb-outs shown along the private street shall generally be
enlarged to provide for a maximum separation of two parallel parking
stalls. Additionally, these areas should be large enough to provide for two
street trees and additional pedestrian amenities such as benches,
decorative bollards and planters.
Any variation to these standards shall be jointly approved by the Kent Fire,
Parks, Public Works and Planning Departments.
3. A deceleration lane shall be constructed along the south side of James Street
between the intersection of 4th Avenue South and the private street entering the
project. The lane width and length shall be approved by the Kent Public Works
Department and shall generally be consistent with AASHTO guidelines. The lane
shall be designed and constructed to accommodate the future installation of a
five-foot bicycle lane along the south side of James Street without the need to
relocate the curb, gutter, sidewalk and street trees. This lane shall be
constructed concurrent with the construction of the private street connecting
James Street to the Grand Arc. The developer shall deed any additional public
right of way deemed necessary to construct the deceleration lane.
4. In order to mitigate the restricted access from the North Park residential
neighborhood to James Street associated with the construction of a westbound
left turn lane from James Street into the project via the private street, the
developer shall improve Cloudy Street between 3`d Avenue South and 4`h Avenue
South. This improvement shall be constructed in conjunction with the installation
of the westbound left turn lane from James Street into the private drive entering
the site. Subject to minor adjustments as deemed necessary by the Public
Works Director, the improvements shall consist of the following:
a) Two twelve-foot travel lanes constructed to City of Kent Residential Street
Standards.
b) One 5-foot asphalt or concrete walkway along either the north or south
side of the new roadway. The walkway shall be separated by an extruded
curb or other means as approved by the Public Works Department.
At the sole discretion of the Public Works Director, the developer may pay a fee
in lieu of constructing the above improvements. Such payment shall be based
upon an approved engineers cost-estimate and shall include the total cost for the
City to construct the above-noted improvements. Payment of fees shall be made
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master PlanlPlanned Unit Development
and Preltminary Plat Application
#PUD-2002-1 and#SU-2002-9
KIVA#RPP3-2023555
Page 12 of 17
to the City prior to the issuance of any permit to construct a private road with
access from James Street by a left turn.
5. The open space features throughout the Master Plan\PUD area shall have a
unified theme, design, and features and shall be reflective of Kent's community
values, such as those incorporated into the Regional Justice Center, the Sound
Transit Station and the Meeker Street developments. These open space areas
shall be designed in such a way as to connect the Kent Station development to
the historic downtown. The open space areas are defined as the civic plaza
along the Grand Arc, the plaza area to the rear of the community college and the
plaza area at the cinema entry.
6. The final design and elements within the civic plaza shall be approved by the
City's Downtown Design Review Committee and constructed in conjunction with
buildings 6A, 613, 10, 12, or 13. The civic plaza shall not be reduced in total area
beyond that which is shown on the approved MPD application (20,934 SF). The
other open space plazas (behind the Community College and at the cinema
entrance) shall be constructed in conjunction with the adjacent structure and
shall be built to substantially the same size and configuration as shown on the
MPD site plan. These plazas shall provide adequate pedestrian amenities and
shall be subject to the Downtown Design Review guidelines. Examples of
pedestrian amenities include, but are not limited to, a participatory water feature,
ornamental lighting, and benches.
7. The site identification features located at the southeast corner of James Street
and 4th Avenue North and the northwest corner of Smith Street and 2nd Avenue
North shall be installed in conjunction with the issuance of the first Certificate of
Occupancy for phase I. The site identification features shall be subject to
approval by the Planning Services Division. These site identification features
shall be designed and located in such a way as to incorporate elements that will
provide a visual and pedestrian link to the historic downtown. Further, the site
identification features should be designed in such a way as to be harmonious
and integrated with other site design elements such as public art and/or
landscaping.
8. Construction of any site improvement or development shall in no way interfere
with or preclude the City's ability to continue monitoring and cleanup activities on
the Kent Station site.
9. All commercial signs within the Master Plan\PUD area shall be in accordance
with the approved sign criteria in Exhibit 1, Attachment C. Monument signage
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master PlanlPlanned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
K1VA#RPP3-2023555
Page 13 of 17
shall be installed in conjunction with the first development or Certificate of
Occupancy for phase I.
10. The mid-block pedestrian crossing shown on the Grand Arc adjacent to the civic
plaza shall be a raised crossing, shall be aesthetically treated, shall incorporate
traffic calming techniques and shall be jointly approved by the Planning Services
Division and Public Works Department. The minimum width of the crosswalk
shall be twelve-feet. Signs, notifying motorists of the mid-block crossing, shall
be installed both directions along the Grand Arc. This signage and pavement
markings shall be consistent with the Manual Uniform Traffic Control Devices
(MUTCD).
11. During site development and building construction, the developer shall implement
all applicable construction-related measures to reduce air quality impacts as
outlined in item 2(C) of the PAO mitigation document.
12. The developer shall convey all private and public easements necessary for the
construction and maintenance of the required improvements for this
development.
13. The developer shall provide cross-access easements for access, utilities, parking
and landscaping. These easements shall be reviewed by the Planning Services
Division prior to recordation. Recorded copies of said easements shall be
provided to the Planning Services Division prior to the issuance of any certificate
of occupancy for affected buildings.
14. Occupancy of the cinema shall not be permitted unless a Parking Agreement is
reached between the City and Sound Transit that allows for the required cinema
parking.
15. The minimum pedestrian area width for sidewalks along 1St Avenue North shall
be consistent with the Kent Downtown Design Guidelines with a minimum of 10',
unless otherwise modified by the Planning Manager. Additionally, Crime
Prevention through Environmental Design (CPTD) measures shall be employed
along 1S1 Avenue North to provide "eyes on the street."
16. A Development Agreement, pursuant to RCW 36.70B.180 — 210 shall be
executed between the City and the Developer in a manner consistent with
approval of this application. This Agreement shall be executed prior to the
issuance of any development permit for the proposed PUD.
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
KJVA#RPP3-2023555
Page 14 of 17
17. Trees located in planter pits within parking lot islands should be aligned with stall
lines to minimize vehicular damage to the trees.
18. The private street (2nd Place) shall have landscaping, in addition to the proposed
street trees, in the form of streetscape planters, window boxes, hanging planters,
or other measures as approved by the Downtown Design Review Committee to
provide additional greenery along the street.
19. Truck maneuvering shall be permitted along is' Avenue North in association with
one delivery dock for the grocery store and a trash compactor for the cinema,
provided that at no time shall both lanes of the public street be blocked. Further,
loading shall not occur during either the am or pm peak traffic times and shall be
posted as such.
20. The surface Parking areas along 4'h Avenue North, north of Temperance Street
and along Is Ave North, associated with the grocery store shall be adequately
screened from public view. Adequate screening may consist of a low wall or low
decorative fence combined with low hedges and trees. The final screening
design shall be subject to review and approval during the Downtown Design
Review process.
21. All appropriate SEPA mitigation measures, as outlined in the PAO and Exhibit A
(SEPA Mitigation Document) attached to the PAO shall apply to the Master
Plan1PUD.
Preliminary Plat
The request for approval of a preliminary plat to subdivide approximately 18.2 acres into
twenty lots for mixed-use development is GRANTED, subject to the following
conditions:
1. The developer shall receive City approval for engineering drawings from the
Department of Public Works, and shall then either construct or bond for the
following as appropriate for each phase of development:
a) A gravity sewer system to serve all lots proposed for building construction.
b) A water system meeting domestic and fire flow requirements for all lots.
c) The private stormwater system.
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master PlanlPlanned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
KIVA#RPP3-2023555
Page 15 of 17
At a minimum, all utilities shall be stubbed to the edge of the purchased property
to sere future development parcels.
2. All engineering plans shall meet the minimum requirements of the City of Kent
Construction Standards (in effect as of November 13, 2002 and consistent with
the vesting of Development Standards as outlined in the Development
Agreement between the Developer and the City) applicable City of Kent
Development Assistance Brochures and the 2002 City of Kent Surface Water
Design Manual.
3. A schematic grading plan for the entire subdivision shall be submitted. A detailed
grading plan shall be submitted for each phase of development. The detailed
grading plan shall be in conformance with Uniform Building Code, City of Kent
Construction Standards (in effect as of November 13, 2002) and City of Kent
Development Assistance Brochure #1-3, Excavation and Grading Permits and
Grading Plans. These plans will include provisions for utilities, roadways,
stormwater treatment facilities, and a building footpad for each lot.
4. The developer shall construct the final sidewalks along the Grand Arc in
conjunction with each approved building permit that abuts the right-of-way. The
sidewalks shall be a minimum of thirteen feet in width (comprised of 9 feet of
walkway and 4 feet of amenities), and shall meet City of Kent Construction
Standards (in effect as of November 13, 2002 and consistent with the vesting of
Development Standards as outlined in the Development Agreement between the
Developer and the City). Further, the sidewalks shall generally be consistent
with the sidewalk pattern as identified in the Commuter Rail Station Area Study
and the Kent Downtown Gateways project. The final sidewalk design shall be
jointly approved by the Kent Planning Services Division and Public Works
Department.
5. In order to create a continuous pedestrian walkway through the project site,given
that future phases will be constructed over time, the developer shall construct a
paved temporary walkway along both sides of the Grand Arc connecting Smith
Street to 4" Avenue South. This continuous walkway shall be constructed prior
to or in conjunction with the first Certificate of Occupancy for Phase I and shall be
constructed along those areas not subject to Condition #4 (above).
6. During site development and building construction, the developer shall implement
all applicable construction-related measures to reduce air quality impacts as
outlined in item 2(C) of the PAO mitigation document.
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master PlardPlanned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
K1VA #RPP3-2023555
Page 16 of 17
7. The developer shall convey all private and public easements necessary for the
construction and maintenance of the required improvements for this
development.
8. All appropriate SEPA mitigation measures, as outlined in the PAO and Exhibit A
(SEPA Mitigation Document) attached to the PAO shall apply to the Subdivision.
DECIDED this 30t' day of January 2003.
THEODORE PAUL HUNTER
Hearing Examiner
S:1PermitlPlanlPUD1200212023555-2002-1 findings.doc
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and#SU-2002-9
KIVA#RPP3-2023555
Page 17 of 17
EXHIBIT C
PAO (34 oa¢es1
ORDINANCE NO. 3bo
AN ORDINANCE of the City Council of the City
of Kent, Washington, establishing a Planned Action for a
site approximately 25 0 acres in size, bound by James and
Harrison Streets, 4`i' Avenue and Is' Avenue, as described
in the adopted Kent Station Supplemental Environmental
Impact Statement.
WHEREAS, the Governor's Task Force on Regulatory Reform
recommended changes to state law that would enable local governments to consolidate
environmental review of plans prepared under the Washington State Growth
Management Act(GMA), and
WHEREAS, both the State Environmental Policy Act ("SEPA") and
Chapter 36 70B Revised Code of Washington (`RCW')provide for the integration of
environmental review with project review through the establishment of "Planned
Actions",and
i
WHEREAS, Planned Actions expedite the pernatting process where
substantial planning and environmental analysis have been done prospectively for
specific geographic areas that are less extensive than the mumcipality's jurisdictional
boundaries or that are for certain types of development,and
1 Planned Action Ordinance—
Kent Station SETS
J '
WHEREAS, RCW 43 21C 031 and Washington Administrative Code
("WAC') 197-11-164, -168, and -172 allow for and govern the application of a
Planned Action designation,and
WHEREAS, City of Kent Ordinance No 3222 adopted a
Comprehensive Plan (April 1995), under the provisions of Chapter 36 70A RCW,that
includes goals and policies for Kent's downtown area;and
WHEREAS, City of Kent Ordinance No 3398 adopted the Downtown
Strategic Action Plan and Integrated Supplemental Environmental Impact Statement in
1998 as an amendment to the City of Kent Comprehensive Plan, in compliance with
the requirements of the GMA to direct growth into urban centers that provide a mix of
residential, commercial, educational, and recreational land uses served by a multi-
modal transportation system, and
WHEREAS,the City of Kent Downtown Strategic Action Plan provides
a basis for master planning and environmental analysis for the subsequent adoption of
a Planned Action Ordinance for the Downtown Kent subarea, and its component
districts, and
WHEREAS, City of Kent Ordinance 3543, passed on February 20,
2001, rezoned lands previously designated as Downtown Commercial Limited
Manufacturing (DIM) within Downtown Kent to Downtown Commercial Enterprise
(DCE) and recognized the variety of functions Downtown Kent will be expected to
provide as a designated Urban Center pursuant to King County county-wide planning
policies for population, employment and services; and
WHEREAS, on February 8, 2001, the City purchased the Borden
Chemical site, and
2 Planned Action Ordinance—
Kent Station SEIS
WHEREAS, the Sound Transit Commuter Rail Station began operation
in the City of Kent on February 5, 2001, and the presence of this transit service is
consistent with and would enhance mixed-use development on the Planned Action site,
and
WHEREAS, the City of Kent over the years has provided an ongoing
opportunity for public participation and review process for preparation of its
Comprehensive Plan, the Downtown Strategic Action Plan and Integrated
Environmental Impact Statement, and the Kent Station Planned Action Ordinance,and
WHEREAS, on July 9, 2002 the Kent City Council Planning
Committee held a pubbc meeting on this Planned Action Ordinance to allow an
opportunity for public comment as required by WAC 197-11-168, and
WHEREAS, the Kent Station Planned Action Supplemental
Environmental Impact Statement (hereafter"SEIS") identifies impacts and mitigation
measures associated with the planned development,and
WHEREAS, this Ordinance would designate certain land uses and
activities as Planned Actions" that would be consistent with the Downtown
Commercial Entalinse zoning distract designations within Downtown Kent, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION L - Pu ose The City Council declares that the purpose of this
ordinance is to
3 Planned Action Ordinance—
Kent Station SEIS
A Combine environmental analysis with land use planning, and
B. Streamline and expedite the land use permit process by relying on completed
and existing detailed environmental analysis for certain land uses allowed in
Downtown Kent,and
C. Set forth a procedure designating certain project actions within Downtown
Kent as Planned Actions consistent with RCW 43 21C 031; and
D Provide the public with an understanding of Planned Actions and how the City
will process Planned Actions, and
E. Adopt the SEIS as a Planned Action document that provides a framework for
encouraging development proposals within the Planned Action Area described
in Section 3(A) ("Planned Action Projects') that are consistent with the goals
and policies of the City of Kent Comprehensive Plan and the City of Kent
Downtown Strategic Action Plan, as they apply to a portion of the North Core
District of Downtown Kent
F Apply the Cnty's development codes together with the SEIS and mitigation
framework described in Section 3 of this Ordinance to expedite and simplify
processing Planned Action developments, consistent with RCW 43 21C 240
and WAG 197-11-158
4 Planned Action Ordinance—
Kent Station SEIS
SECTION1 -Findings The City Council finds that'
A The City of Kent selects Alternative 2, as set forth in the SEIS, as its preferred
alternative,and
B. The City of Kent Comprehensive Plan Environmental Impact Statement, the
City of Kent Downtown Strategic Action Plan and Integrated Supplemental
Environmental Impact Statement(together"DSAP'D, and the SEIS adequately
address all significant environmental impacts associated with the Planned
Action described in the SEIS for Alternative 2;and
C. The mitigation measures contained in the Mitigation Document, Exhibit A of
this Ordinance, together with the City's development standards and any future
mitigation measures that may be imposed through the land use process, are
adequate to mitigate the significant adverse environmental impacts of the
Planned Action Projects addressed in the SELS Additional voluntary
mitigation measures may also be incorporated in a subsequent development
agreement pursuant to RCW 36 70B 170; and
D. The SEIS Planned Actions, also referred to as 'Planned Action Projects" (as
described by Altematve 2 in the SEIS), as set forth m Section 3(D) of this
Ordinance, will benefit the public, will protect the environment, and will
enhance economic development,and
E The City has provided numerous opportunities for public involvement and
review; has considered all continents received; and this public participation
process has resulted in modifications to mitigation measures and Planned
Action conceptual alternatives
5 Planned Action Ordinance—
KCent Station SEIS
F. The Planned Action describes the location, types and quantities of uses
anticipated.
G. Public services and facilities are adequate to serve the proposed Planned
Action.
SECTION3. -Procedure and Criteria for Evaluating and Determining
Projects as Planned Actions
A Planned Action Area. The Planned Action designation shall apply to all parcels
bound by I"Avenue on the east between James and Smith Streets, 4`i'Avenue
on the west between James and Hamson Streets, James Street on the north
between lsi and 4s' Avenues, and Harrison Street on the south between 2'd and
0 Avenues, referred to in this Ordinance as the "Planned Action site" The
property is illustrated in Exhibit B and legally described in Exhibit C
Additionally, the Planned Action designation shall apply to any off-site
improvements necessitated by the proposed Planned Action development where
the impacts of the off-site improvements have been analyzed in the SEIS.
B. Environmental Document A Planned Action designation for a site-specific
Planned Action Project permit application shall be based on the environmental
analysis contained in the draft SEIS issued by the City on April 23, 2002, and
the Final SEIS issued by the City on July 8, 2002, and those environmental
documents incorporated by reference or adopted in the SEIS. The Council's
Mitigation Document, Exhibit A, is based upon the environmental analysis in
the SEIS, and is incorporated into this Ordinance by this reference The
Mitigation Document, together with existing City codes, ordinances,
development regulations and standards and applicable county, state or federal
requirements and standards,shall provide the framework for the decision by the
City to impose conditions on a Planned Action project Other environmental
6 Planned Action Ordinance—
Kent Station SEIS
documents incorporated by reference in the SEIS may also be utilized to assist
in analyzing impacts and determining appropriate nutigation measures.
C. Planned Action Designated Land uses and activities described in the SEIS,
subject to the thresholds described in Section 3(D) and the mitigation measures
described in the Mitigation Document, Exhibit A, are designated Planned
Actions or Planned Action Projects pursuant to RCW 43.21C 031. A land use
permit application for a site-specific Planned Action Project within the Subarea
shall be designated as a Planned Action if it meets the criteria set forth in
Section 3(D) of this Ordinance and applicable laws, codes, development
regulations and standards of the City
D. Planned Action Thresholds.
1. Land Use Subject to the mitigation measures described in Exhibit A,
the following land uses and development levels, together with the
customary accessory uses and amenities described in the SEIS, are
Planned Actions pursuant to RCW 43 21 C.031
a. Land Uses The following uses are the primary uses analyzed in
the SEIS.
L Office,
it. Retail commercial;
III, Restaurant,
Iv Multifamily residential,
V. Cinema,
vm Community College;
vim Hotel&Conference Centex;
vmn. Surface parlang,
nix Structured parking,and
x Street and infrastructure improvements.
7 PlannedAetion Ordinance—
Kent Station SEIS
b. Land Use Review Threshold The Planned Action designation
applies to future development proposals that are comparable to
or that are within the range established by SEIS Proposed Action
Alternative 2, as shown in the Summary of Development table
below:
Kent Station Alternative—Summary of Development in Alternative 2
Alternative 2—
LAND USE Kent Station
Proposal
Commercial(square feet) 518,400 sf
Retail 1912800
Restaurant 35,900
Grocery 47,700
Cinema(12-Screen;2,800 seats) 55,000
Office 138,000
Community College 50,000
Hotel/Conference Center 169,400 sf
Hotel Rooms 200 rooms
Multi-family Residential(sq feet) 434,000 sf
Housing Units 480 units
Total Commercial/Residential 1,121,800 sf
Development
Park/Open Space 53,000 sf
Civic Plaza(Alt 2)/Plaza Area(Alt 3) 23,000
Park Block(Alt 2yrown Sq (Alt 3) 30,000
Borden Playfields 0
Parking(stalls) 2,932 stalls
8 Planned Action Ordinance—
Kent Station SEIS
A list of general uses available to the land use categories featured in the
above Summary of Development table, with appropriate development
standards, is described in Kent City Code 15 04 Surface parking includes on-
street spaces within the site, and structured parking includes `stand-alone'
parking garages as well as parking structured within and beneath mixed-use
development
If future development proposals in the Planned Action area exceed the
maximum development parameters reviewed in the SEIS, further
environmental review may be required under SEPA, as provided in WAC 197-
11-172 If proposed plans significantly change the location of uses in a manner
that would alter the environmental determinations in the SEIS, additional SEPA
review also would be required Shifting the total build-out of square footage
between uses may be permitted so long as the total build-out does not exceed
the aggregate amount of development, trip generation, and parking thresholds
reviewed under the SEIS, and so long as the impacts of that development have
been identified and mitigated in the SEIS and the Mitigation Document
2 Building Heights and Thresholds. The Planned Action Area is entirely
located within the Downtown Commercial Enterprise (DCE) zoning
district Under Kent City Code 15 04190, there is no height limitation
in the DCE zoning district. However, proposed building height is
subject to Kent City Code 15 09 046 Downtown Design Review The
building heights reviewed in the SEIS range from one story to six
stones In comparison with the building heights reviewed in the SETS,a
proposed increase in height greater than one (1) additional story may
require additional SEPA review to address aesthetic impacts
3 Building Setbacks- Building setbacks shall be established by existing
development regulations and Downtown and Multifamily Design
Review
9 Planned Action Ordinance—
Bent Station SEIS
4 Qpen S ace. Open space shall be established by existing development
regulations and Downtown and Multifamily Design Review. In no case
shall the Civic Plaza and Park Block total less than 53,000 square feet,
as analyzed in the SEIS Of this total, approximately 30,000 square feet
will be developed by the City as a Park Block
5. Transportation.
a Trip Ranges: The range of traps reviewed in the SEIS are as
follows
Trip Generation
Net New Trips Reviewed in SEIS
Time Period Total Inbound Outbound
Trips
Weekday Daily 13,200 6,600 6,600
Total
Weekday PM Peak 1,380 675 705
Hour
b Trip Threshold Uses or activities that would exceed the
maximum trip levels shown above will require additional SEPA
review
C. Pubic Works Discretion The Public Works Director shall have
discretion to determine incremental and total trip generation,
consistent with the ITE Trip Generation Manual (latest ed), for
each Planned Action Project permit application proposed under
this Planned Action
d Off-Site Mitigation- As provided in the SEIS in order to mitigate
transportation related impacts, an Environmental Mingation Fee
shall be paid to participate in and pay a proportionate share of
the construction cost to fund the South 272"d/South 277u' Street
Corridor, which supports an alternative vehicular route that does
not require passing through Downtown Kent
10 Planned Action Ordinance—
Kent Station SEIS
e. Road Improvements The Planned Action would require off-site
road improvements as follows-
Phase I (0 to 690 net new PM peak hour trips)
Subject to the Public Work's Director's discretion
provided for in subsection 5(c) above,Phase I mitigation will be
triggered by the first application and will apply to all
developments until the point those developments generate up to
a total of 690 net new PM peak hour trips For any of these
proposals, all of the traffic improvements listed below must be
constructed before the City will issue any Certificates of
Occupancy At the discretion of the Public Works Director, the
City may accept a fee in heu of constructing these
unprovements Any fee shall be for the fu11 cost to the City for
the construction of the improvements
• 0 Avenue NIS 228`s Street. Construct a right-turn lane
on eastbound S 228d' Street to southbound 0 Avenue N.
Combined with protected phasing for this new nght-tum
lane, operations could be improved from LOS F to LOS
D during the PM peak hour.
• Central Avenue S!W Willis Street: Construct a new
ngM-turn lane on southbound Central Avenue S to
westbound W Willis Street The new right-turn lane
would operate protected with east and westbound left.
turn movements to establish a LOS D.
• 2nd Avenue SM Willis Street: This unsignahzed
intersection is anticipated to operate at LOS F on the
minor approaches of 2nd Avenue S in 2010 with either
the Proposed Action or No Action alternatives. Restrict
11 Planned Action Ordinance—
Kent Station SEIS
left-tum movements from W Willis Street onto 2`d
Avenue S.
Please U(690 to 1,460 net new PM peak hoar trips)
Subject to the Public Works Director's discretion
provided for in subsection 5(c)above,Phase A mitigation will be
triggered by any development that raises the total trip generation
above 690 net new PM peak hour trips. For any of these
developments, all of the traffic improvements listed below must
be constructed before the City will issue any Certificates of
Occupancy At the discretion of the Public Works Director, the
City may accept a fee in lieu of constructing these
improvements Any fee shall be for the full cost to the City for
the construction of the improvements.
• 4u'Avenue S/W Willis Street. Widen to create a second
left-turn lane on eastbound W Willis Street to
northbound 4d' Avenue S and extend the right-turn lane
on southbound 0 Avenue S to westbound W Willis
Street. The intersection would operate at LOS D during
the PM peak hour with these improvements.
• 4ih Avenue N/W Harrison Street- Create channelized
right-turn lanes on the eastbound and westbound
approaches of Harrison Street. Operations would
improve for right-turning vehicles, by allowing right-
tutmng vehicles to bypass vehicles that are waiting in the
through/left-turn lane and enter the 4 h Avenue N traffic
stream more quickly.
12 Planned Action Ordinance—
Kent Station SEIS
These road improvements have been analyzed in the SEIS.
Significant changes to the road improvement plan proposed as part of
any Planned Action Project that have the potential to significantly
increase impacts to air quality,water quality, fisheries resources,noise
levels or other factors beyond the Ievels analyzed in the SEIS may
require additional SEPA review
6 Earth: A significant change from the base of information and
significant impacts contained in the SEIS under Prior Planning and
Environmental Review and from the soil and groundwater
contamination identified under EarthlEnvironmental Health in Chapter
III of the SEIS that have the potential to adversely affect water quality,
fisheries resources or environmental health concerns shall require
additional SEPA review,including possible MTCA compliance
7. Air Qualit : A significant change in site layout or traffic generation
from that identified and evaluated in the SEIS that could affect localized
air quality would require additional SEPA review. Construction related
mitigation measures to reduce air quality impacts, as outlined in the
SEIS, shall be incorporated into the construction plans where
appropriate.
8 Water. A significant change from the base of information and
significant impact analysis contained in the SEIS under Prior Planning
and Environmental Review, and from the wetlands that were analyzed
under Wetlands in Chapter Ill of the SEIS that have the potential to
adversely affect water quality or fshenes resources in a material
manner not identified in the SEIS will require additional SEPA review
The City will rely on adopted local, state, and federal regulations to
mitigate the significant impacts to water quality and quantity from the
Planned Actions
13 Planned Action Ordinance—
Kent Station SEIS
9. Public Services and Utilities A significant change from the base of
information and significant impact analysis contained in the SETS under
Prior Planning and Environmental Review, and a significant increase in
the number of square feet or dwelling units beyond the maximum
number reviewed in the SEIS, which has the potential to result in
significant adverse environmental impacts not previously identified in
the SEIS in the development's provision of public services and utilities
will require additional SEPA review.
E Planned Action Review Criteria.
1. The SEPA Official or designee is authorized to designate a project
application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if
the project application meets all of the following conditions•
a The project meets the description of a Planned Action Project as
set forth in this Ordinance, and will implement any applicable
mitigation measures identified in this Ordinance;and
b The project is located within the Planned Action Area or is an
off-site improvement directly related to a proposed development
on the subject site; and
C. The project is consistent with the City of Kent Comprehensive
Plan and the Downtown Kent Action Plan;and
d. The project's significant adverse environmental impacts have
been adequately identified in the SEIS;and
e The project falls within the Planned Action thresholds
established in Section 3(D)of this Ordinance; and
f The SEPA Official has determined that the project's significant
impacts have been mitigated through the application of the
Mitigation Document in Exhibit A, as well as other applicable
City, county, state and federal requirements and conditions,
14 Planned Action Ordinanee—
Kent Station SEIS
which together constitute sufficient mitigation for the significant
environmental impacts associated with the proposed project,and
g. The proposed project complies with all applicable local, county,
state, and federal regulations, and where appropriate, the
proposed project complies with needed variances or
modifications or other special permits have been identified;and
h. The proposed project is not an essential public facility
F Effect of Planned Action
I Upon designation by the SEPA Responsible Official that the
development proposal within the Planned Action Area qualifies as a
Planned Action pursuant to this Ordinance and WAC 197-11-172, the
project shall not be subject to a SEPA threshold determination, an
environmental impact statement (EIS), or any additional review under
SEPA
2. Being designated a Planned Action or Planned Action Project means
that a proposed project has been reviewed in accordance with this
Ordinance, and found to be consistent with the development parameters
and environmental analysis included in the SETS, including its
incorporated and adopted documents
3---Planned Action Projects will not be subject to further procedural review
under SEPA However, these projects will be subject to conditions as
outlined in this document and the attached Exhibit A, which are
designed to mitigate any environmental impacts resulting from the
project proposal. Additionally, projects will be subject to applicable
City, state and federal regulatory requirements The Planned Action
designation shall not excuse a project from meeting the City's code and
ordinance requirements apart from the SEPA process
15 Planned Action Ordinance—
Kent Station sus
G Planned Action Permit Process. The Planning Manager or designee shall
review projects and determine whether they meet the criteria as Planned
Actions under applicable state, federal, and local laws, regulations, codes and
ordinances The review procedure shall consist, at a minimum, of the
following-
1 Development applications will meet the requirements of Kent City Code
("KCC) Titles 6, 7, 11, 12, 13, 14 and 15 Applications shall be made
on forms provided by the City and shall include a SEPA checklist or
revised SEPA checklist or such other environmental review forms
provided by the Community Development, Fire, and Public Works
Departments The checklist may be incorporated into the form of an
application.
2 The Planning Manager will determine whether the application is
complete as provided in KCC Chapter 12 01
3 If the project application is within the Planned Action Area, the
application shaft be reviewed to determine whether the proposed
application is consistent with and meets all of the qualifications
specified in Section 3 of this Ordinance.
4. After the City receives and reviews a complete application, the SEPA
Official shall determine, utilizing the criteria and procedures contained
to WAC 197-11-172,whether the project qualifies as a Planned Action
If the project does qualify as a Planned Action, the Planning Manager
shall notify the applicant, and the project shall proceed in accordance
with the appropriate permit procedure, except that no additional SEPA
review,threshold determination,or EIS will be required.
5 Public notice for projects that qualify as Planned Actions shall be tied to
the underlying permit and not to SEPA notice requirements If notice is
otherwise required for the underlying permit, the notice shall state that
16 Planned Action Ordinance—
Kent Station SEIS
the project has qualified as a Planned Action. If notice is not otherwise
required for the underlying permit,no special notice is required.
5. If a project is determined not to be a Planned Action, the Planning
Manager shall notify the applicant and prescribe a SEPA review
procedure consistent with the City SEPA procedures and state laws.
The notice to the applicant shall describe the elements of the application
that result in disqualification as a Planned Action.
7 Projects disqualified as a Planned Action may use or incorporate
relevant elements of the environmental review analysis in the SEIS
prepared for the Planned Action, as well as other environmental
documents to assist in meeting SEPA requirements The SEPA Official
may choose to limit the scope of the SEPA review to those issues and
environmental impacts not previously addressed in the SEIS.
SECTION 4. - Time Penod. This Planned Action Ordinance shall be
reviewed no later than December 1, 2010 by the Planning Manager to determme its
continuing validity with respect to the environmental conditions of the Planned Action
Area and the vicinity and adequacy of Planned Action requirements and mitigation.
Based upon this review, this Ordinance may be amended as needed, and another
review period may be specified.
SECTION 5. - Con ict In the event of a conflict between the
Ordinance or any mitigation measures unposed pursuant thereto and any ordinance or
regulation of the City, the provisions of this Ordinance shall control EXCEPT that
provision of any Uniform Code shall supersede
SECTION 6. -Severabtl:tv Should any section, subsection,paragraph,
sentence, clause or phrase of tins Ordinance or its application be declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of
17 Planned Action Ordinance—
Kent Station SEIS
the remaining portions of this Ordinance or its application to any other person or
situation.
SECTION 7. -Third Party L:abday. This Ordinance does not create or
otherwise establish or designate any particular class or group of persons who will or
should be especially protected or benefited by the terns of these regulations. No
provision or term used in these regulations is intended to impose any duty whatsoever
upon the City or any of its officers,employees,or agents
Notwithstanding any language used in tlus Ordinance,it is not the intent
of tlus Ordinance to create a duty and/or cause of action running to any individual or
identifiable person,but rather any duty is intended to run only to the general public
SECTION 8. -Effective Date Tlus Ordinance shall be effective upon
its passage, approval, and five (5) days from and after its passage, approval and
publication as provided by law.
A
)Cr—
YOR ✓v ,ems t
ATTEST:
BRENDA JACOBER,C Y CLERK
re «
C4 ,
18 Planned Action Ordinance-
Kent Station SETS
APPROVED AS TO FORM:
xL,,, , rzk� U,
TOM BRUBAKER,CITY ATTORNEY
PASSED' /6 day of9AAr- 2002.
` APPROVED 16 day of 2002
PUBLISHED.___�day of ,2002.
I hereby certify that this is a true copy of Ordinance No 96 o
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
Q-�ISEAL)
BRENDA JACOBE ITY CLERK
�ASiM fp
19 Planned Action Ordinance—
Rent Station SEIS
Exhibit A
D R A F T Mitigation Document D R A F T
Kent Station Planned Action
INTRODUCTION AND PURPOSE
The State Environmental Policy Act (SEPA) requires environmental review for project
and non-project proposals that may have significant impacts upon the environment
In order to meet SEPA requirements, the SEPA Official for the City of Kent issued a
Draft Supplemental Environmental Impact Statement for the Kent Station Planned Action
on April 23,2002, and a Final Supplemental Environmental.Impact Statement on July B,
2002 (collectively, the "SEIS'). The SEIS has identified significant impacts that would
occur with the future redevelopment of the subject site together with a number of possible
measures to mitigate those significant impacts
The purpose of this Mitigation Document is to establish specific mitigation measures,
based upon significant impacts identified in the SEIS The mitigation measures would
apply to future development proposals that are deemed, pursuant to the City's Planned
Action Ordinance and WAC 197-11-172, to constitute Planned Actions or Planned
Action Projects that are comparable to the Proposed Action reviewed in the SEIS, and
that are located on the approximately 25 acre subject site(see Exhibit B) The mitigation
measures may also apply to off-site improvements, if they were analyzed in the SEIS
Pursuant to RCW 43 21C 240 and WAC 197-I1-150, this mitigation is in addition to the
mitigation required by other applicable City, county, state and federal regulations and
requirements.
USE OF TERMS
As several stmtlar terms are utilized in this Mitigation Document, the following phrases
or words are defined briefly
SEPA Terms
"Action" means projects or programs financed, licensed, regulated, conducted or
approved by an Agency "Project actions"involve decisions on a specific project such as
a construction or management activity for a defined geographic area "Non project"
actions involve decisions about policies,plans or programs. (See WAC 197-11-704)
"Planned Action"refers to types of project actions that are designated by ordinance for a
specific geographical area and addressed in an EIS, in conjunction with a comprehensive
plan or subarea plan, a fully contained community, a master planned resort, a master
planned development or phased project (See WAC 197-11-164).
Exlubit A—Mitigation Document
Kent Station Planned Action
Page 2
"Proposal"means a proposed action, which may be actions and regulatory decisions of
an agency,or any actions proposed by applicants. (See 197-11-784)
Other Terms
The subject site or Planned Action Area may be referenced as "Kent Station," "site,"
"subject site"or"Planned Action Area"in this document Mitigation measures may also
apply to off-site improvements analyzed m the SEIS
Tits document includes mitigation measures that are tied to the approval of site plans,
construction plans, civil plans, plats, planned unit developments, and design review
Regulations are found in Kent City Code Titles 6,7, 119 12, 130 14 and 15.
General Interpretation
Where a mitigation measure includes the words "shall" or `will" the requirement is
mandatory Where"should" or"would" appear the words convey the City's expectation
and desires given circumstances presently known, with recognition that pertinent
alternate or equivalent requirements may be unposed as more detailed design or reports
are conducted consistent with the mitigation measures.
Unless stated specifically otherwise, the mitigation measure requirements to prepare
plans, conduct studies, construct improvements, conduct maintenance activities,etc, are
the responsibility of the future developer(s)to fund and/or carry out
DEVELOPMENT PROPOSED UNDER PLANNED ACTION
Proposed Action
- - The Proposed Action reviewed in the SETS includes.—
• Approval of a plan to redevelop the Planned Action Area within Kent's
Downtown as a nixed-use urban village
• Adoption of an ordinance designating the Kent Station Site as a Planned
Action for purposes of SEPA compliance (per RCW 43.21C.031(2)(a), and
WAC 197-11-164 and 197-11-168).
The City of Kent Downtown Strategic Action Plan identified the Subject Site("Site")as
a key redevelopment opportunity and recommended preparing a master plan The
Planned Action designation reflects a decision that adequate environmental review has
been completed and that further environmental review, under SEPA, for each specific
development phase would not be necessary if it is determined that any given Planned
Acton Project is consistent with the development levels specified in the Planned Action
Ordinance and evaluated in the SEIS and/or applicable development regulations
Exhibit A-Mitigation Document
Kent Station Plaimed Action
Page 3
The Planned Action includes a combination of retail, commercial,
educational/institutional, residential and mixed-use redevelopment projects through the
year 2010 It also includes the City's approval of Planned Unit Development
(PUD)/master plan, adirumstrative design renew, wetland mitigation plan, subdivision,
civil construction drawings,and building permits. A program of road, infrastructure, and
streetscape improvements are integral to the redevelopment proposal. The City and the
Kent Station developer may also execute a development agreement, pursuant to RCW
36 70B.170. The agreement would set forth the development standards, mitigation
requirements,review procedures,etc applicable to future development.
The SEIS provides conceptual information on the potential mix of uses,building density
and height, access/circulation, recreation and open space opportunities and other
development features. The intensity of site development would fail within the range of
development represented in Alternative 2 of the SEIS (Reference Chapter II of the Draft
SEIS). The proposed development thresholds consist of 518,400 square feet of
commercial, 169,400 square feet(200 rooms)of hotel/conference center,and 480 units of
housing (434,000 square feet) Also included are 2932 parlang stalls and 53,000 square
feet of park/open space.
Appltcabilgy of Mitigation Document
This mitigation document applies to the Proposed Action, Alternative 2 analyzed in the
SEIS. For the mitigation document to apply to future development proposed in the
Planned Action Area, that proposed development must be comparable to or within the
range established by Alternative 2,as shown below
Kent Station Alternative 2 —Summary of Development
LAND USE Alternative 2—Kent Station.Proposal
Commercial(square feet) 518,400 sf
Retail 191,800
Restaurant 35,900
Grocery 47,700
Cinema(12-Screen,2,800 seats) 55,000
Office 138,000
Community College 50,000
Hotel/Conference Center 169,400 sf
Hotel Rooms 200 rooms
Subtotal
Multi-family Residential(square feet) 434,000 sf
Housing Umts 480 units
Total Commercial/Residential Development 1,121,800 sf
Park/Open Space 539000 sf
Civic Plaza(Alt 2)/Plaza Area(Alt 3) 23,000
Park Block(Alt 2)/Town Square(Alt 3) 30,000
Borden Playfields 0
Parking(stalls) 2,932 stalls
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 4
Building heights range from one to six stones (Reference Chapter II, Tables 4 and 5 in
the SEIS).
All of the alternatives would provide the same public street improvements to I", 2i°and
4`i' Avenues N Two new public streets would also traverse the site- 1) Temperance
Street between la and 2'A Avenues N., and 2) 2"s Avenue N. would be extended from
Smith Street to 0 Avenue N (Reference Chapter U-14—H-16 of the SEIS.
If future proposed plans exceed the maximum development parameters reviewed,
supplemental environmental review may be required pursuant to WAC 197-11-172 and
other applicable SEPA Rules
MITIGATION DOCUMENT
Based upon the SETS, which is incorporated by this reference, this Mitigation Document
identifies significant adverse environmental impacts that are anticipated to occur in
conjunction with the development of the Proposed Action Mitigation measures are
hereby established under SEPA Rules to address specific impacts identified in the SEIS,
based upon the Proposed Action.
Additional consistency review under the Planned Action, site plan review, and other
permit approvals will be required for specific development actions under the Proposed
Action pursuant to WAC 197-11-172. Additional project conditions may be unposed on
what are deemed to be Planned Action Projects based upon the analysis of the proposal in
relationship to independent requirements of city, state or federal requirements or review
criteria.
Any applicant for a project within the Planned Action Area may request modifications to
these mitigation measures, if appropriate and as a result of changed circumstances, m
order to allow an equivalent substitute mitigation or removal of a mitigation requirement
Such modifications would be evaluated by the City SEPA Responsible Official prior to
any approvals by the City,based upon SEPA Rules
As permitted under SEPA Rules (WAC 197-11-660), it is recognized that there may be
some adverse unpacts that are unavoidable because reasonable or feasible mitigation
cannot be achieved for the Proposed Action.
Provided below for each element of the environment analyzed m the SEIS for the
Proposed Action are (a) summary of and/or reference to SEIS analysis of significant
environmental impacts (direct, indirect and cumulative); (b) summary of significant
unavoidable adverse impacts, (c) mitigation measures established by this Mitigation
Document, and(d) a list of federal and state laws and local policies/regulations on which
mitigation measures are based
I
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 5
In combination,regulations applicable to each element of the environment and mitigation
measures imposed by this document will apply to and govern any Planned Action Project
and will adequately uutigate all significant environmental impacts caused by the
Proposed Action, except for those impacts that are identified as"significant unavoidable
adverse impacts"
1. Earth/Environmental Health
A. Significant Impacts Chapter III of the SEIS addresses remediation of on-site soil
and groundwater contamination Other potential environmental impacts to earth
resources and environmental health (t e., noise) have been adequately addressed
in previous environmental documents and are summarized in Chapter lI of the
SELS. A summary of impacts is provided below based upon the SEIS Summary
Matrix.
• Exposure to contaminated soils and groundwater on the site could pose
potential health risks to the public Health risks are the basis of the applicable
cleanup levels that are being implemented through a cleanup plan
B Significant Unavoidable Adverse Impacts Provided that reasonable mitigation
measures are properly followed, no significant unavoidable unpacts are
anticipated.
C. Mitigation Measures The mitigation measures established below address impacts
identified in Chapter III of the SLIS.
• No mitigation measures beyond those already identified and being
implemented in connection with cleanup of the Borden Chemical Facility,
BNSF, Reiman Trust, Brutsche, Silvestri and adjacent sites are required.
Cleanup activities would be coordinated with redevelopment of the site and
associated construction activities
• Any required Clean up actions will occur as part of, and concurrent with, site
preparation and construction activities for the VW Avenue extension and other
proposed on-site development Consistent with the recommended monitoring
program,any monitoring wells displaced by redevelopment shall be relocated.
• Monitoring shall occur as recommended in the Phase II site assessment
reports
• Earthwork should be accomplished during the dry season from May to
September whenever possible, when soils are likely to be compacted and
when erosion and sedimentation activity are at a seasonal low.
• Erosion control methods in the short tern can include channeling surface
water runoff, erosion preventing slope cover (e.g straw), channel liners, and
sedimentation control ponds Long term methods include minimizing the
concentration of runoff onto fill, cut or natural slopes, and minimizing
disturbances to natural drainage courses and existing vegetation
8xhrbit A—Mitigation Document
'Kew Station Planned Action
Page b
2. Air Quality
A. Significant Impacts Chapter 11 of the SEIS includes an examination of
significant impacts to au quality in terms of construction activities, generated
traffic, and indirect air emissions. In general, reduced emissions of particulates,
carbon monoxide and nitrogen oxides would be associated with concentrating
growth in a mixed-use pattern at lugher densities in pedestrian-onented areas.
Localized dust and exhaust emissions would be generated from construction
activities.
An Air Quality Confonmty Analysis was conducted in conjunction with the
FSEIS. No significant impacts were identified and no mitigation measures
related to conformity are required
B. Significant Unavoidable Adverse Impacts; Provided that reasonable mitigation
measures are properly followed, no significant unavoidable impacts arc
anticipated.
C Mitigation Measures, The following construction related mitigation measures to
reduce air quality impacts shall be incorporated into the construction plans where
appropriate
• Use only equipment and trucks that are maintained in optimal operational
condition
• Require all off road equipment to be retrofitted with emission reduction
equipment(i e,require participation in Puget Sound region Diesel Solutions
by project sponsors and contractors)
• Use bto diesel or other lower-emission fuels for vehicles and equipment
• Use carpoolmg or other trip reduction strategies for construction workers
• Stage construction to minimize overall transportation system congestion and
delays to reduce regional emissions of pollutants during construction
• Implement construction curbs on hot days when region is at risk for exceeding
the ozone NAAQS,and work at night instead
• Implement restrictions on constnrctton truck idling(e.g., limit idling to a
maximum of 5 minutes)
• Locate construction equipment away from sensitive receptors such as fresh au
intakes to buildings,air conditioners,and sensitive populations
• Locate construction staging zones where diesel emissions won't be noticeable
to the public or near sensitive populations such as the elderly and the young
• Spray exposed soil with water or other suppressant to reduce emissions of
PM10 and deposition of particulate matter
• Pave or use gravel on staging areas and roads that would be exposed for long
periods
• Cover all trucks transporting materials,wetting materials in trucks,or
providing adequate freeboard(space from the top of the material to the top of
the truck bed), to reduce PM10 emissions and deposition during transport
Exhibit A—Mitigation Document
Kent Station PImned Action
Page 7
• Provide wheel washers to remove particulate matter that would otherwise be
carved off-site by vehicles to decrease deposition of particulate matter on area
roadways
• Remove particulate matter deposited on paved,public roads,sidewalks,and
bicycle and pedestrian paths to reduce mud and dust;sweep and wash streets
continuously to reduce emissions
• Cover dirt,gravel,and debris piles as needed to reduce dust and wind-blown
debris
• Route and schedule construction trucks to reduce delays to traffic during peak
travel times to reduce air quality impacts caused by a reduction m traffic
speeds
3. Noise
A. Significant Impacts, Increased noise and vibration would be associated with
construction These impacts could be intensive in some locations for limited
periods of time Some construction equipment and methods (e g., pile driving)
can produce peak noise levels greater than IOWBA, as well as significant
vibration
B Significant Unavoidable Adverse IMRacts Provided that reasonable mitigation
measures are properly followed, no significant unavoidable impacts are
anticipated.
C Mitigation Measures
• Mitigation measures for construction impacts may include enforcement of
limits of the hours of construction activity,proper maintenance of equipment,
use of mufflers and/or temporary sound barriers, alternative construction
techniques (e g,pile auguring), contractor preparation of noise control plans,
and active monitoring and enforcement of applicable standards.
4. Wetlands
A. SiSmficant Impacts Chapter III of the SETS includes an examination of
significant impacts to wetlands. A summary of impacts is provided below based
upon the SEIS Summary Matrix. For a more detailed discussion of impacts, see
Chapter III of the SEIS.
• Three on-site wetlands would be filled to permit construction of planned
buildings,roads and infrastructure
B Significant Unavoidable Adverse Impacts The wetland functions, values and
area would be lost, and are unavoidable in the context of the alternative site plans
and the City°s goals for Downtown development.
)exhibit A—M ttgation Document
Kent StationPla>amed Action
Page 8
C ylihQaUon Measures.
• Mttigation, in the form of off-site compensation, would occur consistent with
the City's adopted wetland standards and regulations and shall include the
preparation of a wetland mitigation plan.
5. Land Use
A. Significant hn iRacts Chapter III of the SEIS includes an examination of
sigmficant unpacts to land use A summary of impacts is provided below based
upon the SEIS Summary Matrix For a more detailed discussion of impacts,see
Chapter III of the SEIS
• Proposed development would be of higher density and intensity than the No
Action alternative and therefore involve potentially greater impacts
However, proposed development would be comparable to the density and
intensity permitted under current zoning
• A mix of uses would occur.
• The character of the site would change significantly from low-density, auto-
oriented, suburban area with small buildings surrounded by large parking lots,
to an urbanized,pedestnan-onented/transit-onented district.
• Borden Playfields would be replaced by urban park space resulting in a net
reduction of between 3 5 and 3 8 acres of park land in the City Demand
could increase at other park facilities
• Increased light, noise, and activity associated with an urban area may be
noticeable from residential area to the north
• Proposal would encourage new economic, civic and pedestrian activity in the
area that indirectly could result in increased development pressure on
surrounding properties to intensify.
• Some existing uses may be displaced and could relocate within the site or
nearby commercial districts. As redevelopment occurs, potential land use
conflicts between adjacent low intensity uses and new development could
result
B. Significant Unavoidable Adverse Impacts- Some displacement of existing land
uses on the Kent Station Planned Action site would occur Some limited contrast
in land use intensity,bulk and scale would occur,primarily where larger buildings
are proposed adjacent to existing single family residences. Impacts relating to
lighting and noise may be mitigated but cannot be entirely avoided, they are
considered to be an inherent characteristic of a mixed-use urban neighborhood
C Mitigation Measures Kent's adopted Comprehensive Plan, zoning regulations
and Downtown Design Guidelines provide policies, processes, standards and
development regulations that would mitigate most identified impacts
• Utilize careful site planning,building design and buffering Utilize techniques
such as hghtmg limits, full cut-off fixtures, ample landscaping to buffer
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 9
adjacent uses and ensure privacy, placement/onentation of some building
elements(e g.,deliveries,solid waste receptacles)to help control noise.
• Locate taller buildings in the interior of the site,set back upper stories of taller
buildings from the street, or utilize additional screening or other design
techniques to reduce the impact to existing single family neighborhoods.
• To minimize potential business and employment displacement impacts that
would occur on-site,the City should provide technical assistance in relocation
to other suitable sites.
• In mixed-use areas, the potential intrusion of noise from commercial, office
and retail areas into residential areas should be minimized by limiting noisy
activities (e.g.trash collection or composting) to hours outside of I I pm to 7
am
6. Relationship to Plans,policies and Regulations
A Significant Impacts. Chapter III of the SEIS reviews the consistency of the Kent
Station Planned Action alternatives to selected federal, state, regional and local
plans,policies and/or regulations.
• The proposal is consistent with GMA planning goals to guide growth into an
area with existing and planned infrastructure. The proposal also is consistent
with the City of Kent's land use designations, transportation, economic
development, and community design policies and goal of redeveloping
Downtown from a low-intensity suburban character to a lugher intensity urban
character.
B Siy ni$cant Unavoidable Adverse Impacts None are anticipated
C Mitigation Measures No specific mitigation measures are warranted beyond the
application of City regulations, which in many cases contain mitigation features
Future development or redevelopment within the Downtown is subject to existing
federal and regional storm water management plan requirements, local
development regulations,local concurrency regulations,and design standards.
7. Aesthetics
A Significant Impacts Chapter III of the SETS includes examination of significant
impacts to visual character, including intensity, bulk/scale/height, visual
compatibility, streetscape continuity, and light and glare generated. A summary
of impacts is provided below based upon the SEIS Summary Matrix.
• The proposal is likely to improve visual quality overall. Proposed
development would support the Historic District by improving streetscapes,
pedestrian connections, and urban parks, resulting in a more unified
Downtown core area
• The proposal would provide mixed-use development in buildings ranging
from one to six stones in height and lot coverage of up to 95 percent Most
buildings would contain ground floor retail uses to encourage a lively
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 10
pedestrian oriented environment. On-street, surface and structured parking
would be provided
• Some negative impacts could result from differences in bulk and scale along
the northern edges of the site, where more intensive development would be
near single family residential rises The proposed development also would be
larger in bulk and scale than the structures in the adjacent Historic Core
District
• Light, glare and shadowing likely will increase
B Srenrficant Unavoidable Adverse Impacts: The expected significant visual and
aesthetic change is generally considered to be positive and are consistent with the
City of Kent Comprehensive Plan. Mitigation measures below, together with the
City's adopted development regulations and design standards are adequate to
mitigate the anticipated significant adverse impacts
C Mitigation Measures
• Utilize careful site planning,building design and buffering. Utilize techniques
such as lighting limits, full cut-off fixtures, low hanging street lamps, and
ample landscaping to buffer adjacent uses and ensure privacy
• Locate taller buildings in the interior of the site,set back upper stones of taller
buildings from the street, or utihze additional screening or other design
alternatives to reduce the impact to existing single family neighborhoods.
• Prohibit reflective building materials
8. Transportation
A Srtmificant Impacts Chapter III and Appendix C of the SEIS examines
significant impacts to parking and the transportation system A summary of
impacts is provided below based upon the SEIS Summary Matrix.
• Trip Generation New Weekday trip generation ranges from a total of 13,200
daily and 1,380 PM peak hour trips
• Levels of Service Intersection levels of service are expected to generally
remain the same as 2010 Baseline for more than half of the study area
intersections. At these intersections a slight increase in delay is expected but
increase in total intersection volume is insufficient to cause a noticeable
change in LOS. Between 14 and lb study intersections are anticipated to
operate at or over capacity with or without the Proposed Action In
comparison to 2010 Baseline, 5 additional intersections would operate at or
over capacity with Alternative 2.
• Valley Freeway SB Ramps/W Willis Street
• Valley Freeway NB Ramps/W Willis Street
• 0 Avenue S/W Willis Street
• O Avenue N/W Harrison Street
• 1't Avenue N/W James Street
• Site Access. With or without the Proposed Action, intersections around the
perimeter of the site, those providing a connection between the site and the
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 11
external street system, are expected to operate at between LOS A and F.
Unsignalized access points intersecting with W James and W Smith Streets
are anticipated to operate at LOS F, while the signalized access points on
these arterials are expected to operate at LOS A and LOS B The unsignahzed
access points on the more minor roads are anticipated to operate between LOS
B and C and intersections internal to the site are expected to operate at LOS B
or better.
• The Proposed Action provides 2,932 parking stalls, with 995 shared stalls in
the Sound Transit Garage and surface parking lot Proposed supply falls
within the mnumum and maximum range depending on time of day and day
of week. Anticipated demand, separate from commuter demand, also falls
withm the minimum and maximum code requirements Adopted code
requirements are sufficient to satisfy anticipated parking impacts
• With or without the Proposed Action,construction would generate some truck
and velucle traffic associated with excavation and hauling, delivery of
materials, and sunilar types of activity While construction may cause
inconveniences directly adjacent to the site, the unpacts would be temporary
and are not expected to extend to the surrounding study area.
• The City has identified the S 277"' Street Corridor improvements (both
constructed and portions planned for construction), as providing significant
relief on the existing east/west corridor system, including SR 516 This
corridor and associated improvements will provide a necessary commuter
alternate route from I-5 to Kent's East Hill which bypasses the Downtown
Core. Environmental Mitigation Assessments charged to the developer will
be assessed at the LID rate for the S 272°d/S 277u' Corridor and will
proportionately pay toward improvements along that corridor that are
identified on the City's 6-Year Transportation Capital Improvement Plan
B Significant Unavoidable Adverse Impacts- Traffic will increase as a result of
forecast growth, with or without implementation of the alternatives. Congestion
will increase and levels of service will decrease at nearby intersections,
C. Mitigation Measures
• Construction Traffic. The City will provide project specifications that will
dictate the route used by construction traffic to enter and exit the construction
site, stipulate the hours of work, and stipulate maximum permitted noise
levels The contractor shall provide traffic control when construction traffic
would disrupt the normal traffic flow This traffic control will be in the form
of flaggers, variable message signs, light and other traffic control devices
The hours of work shall minimize the impact at heavy traffic times The
contractor shall maintain City roads used by construction traffic by keeping
them clean at all times The contractor shall control dust by watering the site
frequently or by other means acceptable and approved by the City.
0 Transportation Management Program- The developer and the City shall
develop a Transportation Management Plan (TMP) for employment and
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 12
residential components of Kent Station The TMP shall support a goal of
reducing employee and residential Single Occupant Velucle (SOV) travel
along with the potential increase in transit and rail service over time
• Off-Site Mitigation The Kent Station developer shall pay an Environmental
Mitigation Fee to participate in and pay a proportionate share of the
construction costs to the City's South 272°d/South 277'h Street Conidor
project to support an alternative velucular through-route that bypasses
Downtown Kent The fee shall be at a rate of$1,068 per PM Peak hour trip
(in 1986 dollars to be adjusted for inflation based upon the Consumer Price
Index,US City Average for all Urban Consumers,or the substituted index as
prepared by the US Department of Labor).
Additionally, the following improvements to the local transportation system
shall be provided for Phase I Mitigation (0 to 690 net new PM peak hour
trips)
• ti` Avenue N/S 22e Street Construct a right-turn lane on eastbound S
228`h Street to southbound 4d' Avenue N Combined with protected
phasing for this new right-turn lane, operations could be improved from
LOS F to LOS D during the PM peak hour
• Central Avenue S/W Willis Street: Construct a new right-turn lane on
southbound Central Avenue S to westbound W Willis Street. The new
nght-turn lane would operate protected with east and westbound left-turn
movements to establish a LOS D.
• 20d Avenue S/W Willis Street: This unsignalized intersection is
anticipated to operate at LOS F on the minor approaches of 2"d Avenue S
in 2010 with either the Proposed Action or No Action altematives
Restrict left-tram movements from W Willis Street onto 2nd Avenue S.
The following improvements to the local transportation system shall be
provided for Phase lI Mitigation(690 to 1,460 net new PM peak hour trips):
• 4ih Avenue S/W Willis Street' Widen to create a second left-turn lane on
eastbound W Willis Street to northbound 46' Avenue S and extend the
nght-turn lane on southbound 0 Avenue S to westbound W Willis Street
The intersection would operate at LOS D during the PM peak hour with
these improvements
• 0 Avenue N/W Harrison Street Create channelized nght-turn lanes on
the eastbound and westbound approaches of Harrison Street Operations
would unprove for nght-turning vehicles, by allowing right-turning
vehicles to bypass vehicles that are waiting in the through/left-turn lane
and enter the 40'Avenue N traffic stream more quickly
Exhibit A—Mitigation Document
Kent Station Planned Action
Page 13
9. Nexus
It is appropnate, as per WAC 197-11-660 and RCW 43 21C.060 that the City of
Kent establish conditions to mitigate any identified impacts associated with thus
proposal, consistent with the City's substantive SEPA authonty, Kent City Code
section 1103 510
EXHIBIT °B"
II I r H II it
North Core District
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EXHIBIT C
Legal Description
Those portions of the Southeast quarter of Section 13, Township 22,Range 4 East, W.M.,
and of the Northeast quarter of the Northeast quarter in Section 24, Township 22, Range
4 East, W.M., including platted properties therein lying South of the North right-of-way
margin of James Street, lying West of the East T,t-of-way margin of 1't Avenue North,
lying East of the West right-of-way margin of 4 Avenue North, and lying North of the
South right-of-way margin of West Harrison Street; together with that portion lying East
of the West right-of-way margin of 2"a Avenue North and lying North of the South right-
of-way margin of West Harrison Street.
Situate in King County, State of Washington, W.M.
EXHIBIT D
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EXHIBIT E
CITY INFRASTRUCTURE IMPROVEMENTS(3 paces)
Ramsay Way/V Ave.N.&4`h Ave.N.Widening Project
The improvements described in this Exhibit E are to be or have been constructed or provided by the City, unless
otherwise noted below:
First Ave.North—W.Temperance St.to W.James St.
Street:
City will widen First Ave N.on the west side between W.Temperance St. and W.James St.to provide a 3-lane,36'
wide road with asphalt paving, curbs and gutters, street trees, illumination, and undergrounding of existing power
and telephone. The City will coordinate with the various utility providers to underground existing utility lines in a
joint ditch in the future sidewalk location.
Developer, in conjunction with the issuance of a development permit on the adjacent fronting property, shall
construct a 10 -12 foot wide concrete sidewalk with street tree frames, grates and root barriers along with any
interim asphalt pathway thereto from either or both James St. or Temperance St. as determined necessary by City.
All improvements constructed by the Developer shall be in accordance with City Construction Standards.
Water:
City will provide one(1)water stub off of the existing waterline to the back of sidewalk in I'Ave. at a location to
be mutually agreed upon by City and Developer.
Utilities:
City will coordinate with the power, telephone and cable companies to underground the existing overhead utilities,
and place new facilities in a joint trench along the west side of I`Ave.
Fourth Ave.North—W.Smith St.to W.James St.
Street:
City will widen Fourth Ave. by one lane to the east to provide a center left turn lane (5-lane road section, 58'
minimum width)from W. Smith St. to W. James St. This section will include a 12'wide sidewalk on the east side
with street trees, illumination, storm stubs, and utility undergrounding for power and telephone. A right turn lane
will be provided on northbound 41h Ave. to eastbound James St. A traffic signal will be installed at the intersection
of Fourth Ave and Ramsay Way.
Utilities:
City will coordinate with the power,telephone and cable companies to underground the existing overhead utilities,
and place new facilities in a joint trench along the east side of 4'h Ave.under the new sidewalk.
Ramsay Way—W.Temperance to 4'h Ave.N.
Street:
City will extend Second Ave.N.(Ramsay Way)from W.Temperance through the Property to intersect with 4'hAve.
-18-
N. across from the Regional Justice Center driveway. City will provide left turn pockets on Ramsay Way at 4d Ave
N. Except at left turn pockets, the roadway will be 44' wide(2- 14' wide lanes and 2 —8' wide on-street parallel
parking lanes),with asphalt pavement,curbs and gutters, street trees,and illumination. The scheduling and phasing
to construct these improvements will be determined by City unless otherwise noted:
• City will install concrete curb and gutter along the entire length of the road on both sides.
• Developer shall construct the 13 foot wide concrete sidewalks in conjunction with the issuance of a
development permit on the adjacent fronting property along with any interim asphalt pathways as
determined necessary by City to provide safe continuous walkways to and from 0 Ave. and Temperance
St.
• City will place street trees at approximate 30' spacing. Developer shall install street tree frames and grates
and root barriers in accordance with City Construction Standards in conjunction with Developer's
construction of the 13 foot wide concrete sidewalk.
• City will install street lights. These light standards will be 14' high manufactured by Lumec,the Model
No.P104AF-14-GN6LBC3-GN6, the color is forest green. The lummaire is 100 watts HPS, Model
No.Z47G-100s-3-GN6 Spacing will be 70' staggered
• All improvements constructed by the Developer shall be in accordance with City Construction Standards.
Water:
City has constructed a new 8" waterline in the roadway from Temperance St. which connects to the existing 8"
waterline on 0 Ave. City has installed fire hydrants at 300' spacing and Stubs have been placed to the RV line at
locations mutually agreed upon by City and Developer
Sewer:
City has installed a new sewer line(10"diameter maximum size)from a manhole in James Street to approximately
470' south of James St. and crossing 2"d Ave. to the south side of the roadway to end at the right of way line at a
location agreed to by the Developer.
Storm.
City has constructed new storm dram pipes and catch basins in the roadway sized to pick up the road and sidewalk
drainage only.
Utilities:
Developer shall coordinate and cause all the private and/or quasi-private utility service (gas, power,
telephone/telecommunication and cable TV)to provide those utilities to the properties within the Property site City
shall not be responsible for any costs associated with providing private and/or quasi private utility services
W.Temperance St.—V Ave.to 2"d Ave.
Street:
City will improve W. Temperance Street on the north side between I" Ave. and 2"d Ave. to provide a 3-lane, 36'
wide asphalt paved roadway with curb and gutter on the north side. Sound Transit is building half-street
improvements on the south side of the road with a 10' wide sidewalk. City will install street trees and street lights
on the north side as described on the Ramsay Way portion of the project.
Developer, in conjunction with the issuance of a development permit on the adjacent and abutting property, shall
construct a 12'wide concrete sidewalk on the north side and install street tree frames and grates and root barriers all
-19-
in accordance with City Construction Standards.
2"d Ave.N.—W.Smith St.to W.Temperance St.
Sound Transit will be constructing 2nd Ave.up to and including the curb and gutter on the west side of the road from
Smith St. to Temperance St. City will provide street lighting and street trees as described on the Ramsay Way
portion. Developer shall construct a 12' wide concrete sidewalk and install street tree frames and grates and root
barriers in connection with the issuance of a development permit on any portion of the Kent Station Project
Property.
City reserves the right to use portions of the Property from time to time for construction staging purposes as may be
necessary or desirable in connection with the construction of City Infrastructure Improvements;provided,however,
City shall use reasonable efforts to coordinate its construction activities so as to not unreasonably interfere with
construction activities in Takedown Parcels previously acquired by Developer.
-20-
EXHH3IT F
MPD Construction Standards
A copy of the City of Kent Construction Standards in effect on the MPD application date are available for review at
the City of Kent Mayor's Office
-21-
EXHIBIT G
Sound Transit Parkin¢Gara4e A¢reement(21 aaeesl
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT
BETWEEN
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND
THE CITY OF KENT
FOR
THE USE OF THE KENT COMMUTER RAIL STATION GARAGE
TABLE OF CONTENTS
Page
1.0 Scope of the Agreement
2.0 Parking Structure Described
3.0 Ownership and Operation
4.0 Use by the General Public
5.0 Operations and Maintenance
6.0 Reimbursements
7.0 Audits,Inspections and Retention of Records
8.0 Designated Representatives
9.0 Dispute Resolution
10.0 Legal Relations
11.0 Insurance
12.0 Legal Compliance
13.0 Cessation of Operation
14.0 Termination of Agreement
15.0 Notice Requirements
16.0 Effective Date and Term of Agreement
17.0 Execution of Agreement
18.0 FTA Approval
i
EXHIBITS
Exhibit A: Description of Parking Structure
Exhibit B: Operating Hours
Exhibit C: Map of area surrounding Parking Structure
Exhibit D: List of Fixed Costs
Exhibit E: List of Variable Costs
ii
AGREEMENT
THIS AGREEMENT is entered into this)a t_.day o 20029 by and between
the Central Puget Sound Regional Transit Authority (hereinafte eferred to as "Sound Transit")
and the City of Kent(hereinafter referred to as the"City") and may be referred to individually
as "Party"and collectively as "Parties".
RECITALS
WHEREAS, pursuant to Chapter 81.112.070 RCW and public vote, Sound Transit is
authorized to perform regional high capacity transportation Functions within Sound Transit's
jurisdictional boundary as set forth in Sound Move, its ten year Regional Transit System plan;
and
WHEREAS, Sound Transit and the City are authorized by Chapter 39.34 RCW to enter
into agreements for cooperative action"to make the most efficient use of their powers;"and
WHEREAS, Sound Transit currently owns and operates a parking structure with 871
parking stalls along with surrounding improvements located in Kent next to the Kent Commuter
Rail Station(hereinafter the "Parking Structure'); and
WHEREAS, the City and Sound Transit entered into a Commuter Rail Project Interlocal
Agreement dated April 9, 1998 in which the Parties expressed their mutual desires to:
1. Integrate the Project development with existing infrastructure and development,
including other transit facilities, private facilities, utilities, and parking, and
develop operational plans that minimize project impacts;
2. Derive the maximum effectiveness out of Sound Transit's investment by
implementing accessible and efficient facilities and services; including adequate
park-and-ride capacity,bus transfer facilities, and bicycle/pedestrian access; and
3. Work toward development of transit-oriented land use policies to attract and
shape development around transit facilities in ways that benefit both transit users
and the community; and
WHEREAS, Sound Transit originally had planned to build a surface parking lot for the
Kent Commuter Rail Station; and
WHEREAS, the City and Sound Transit entered into a Commuter Rail Station Parking
Structure Interlocal Agreement on December 16, 1999 ("Parking Structure Construction
Agreement'), in which the City agreed to contribute $4,000,000 towards the building of a
Parking Structure rather than a surface parking lot; and
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 1
(Between Central Puget Sound Regional Transit Authority and City of Kent)
WHEREAS, King County had agreed to pay Sound Transit $2,000,000 toward the
construction of an additional 191 stalls in the Parking Structure for use by its transit customers;
and
WHEREAS, the Parties agree that the primary purpose of the Parking Structure is to
provide parking for Sound Transit and King County Metro commuters; and
WHEREAS, in the Parking Structure Agreement, Sound Transit also agreed to permit
parking by the general public for non-rail purposes, subject to terms and conditions to be
established by a later use agreement; and
WHEREAS, the Parties agree that permitting the general public to use parking spaces not
being used by Sound Transit and King County Metro commuters maximizes the public benefit
from the investment in the Parking Structure, and
WHEREAS, the City's planned "Kent Station"project relies upon the Parking Structure
for satisfying the parking requirements of certain proposed uses of adjacent property; and
WHEREAS, the uses contemplated by the City on its land surrounding the Parking
Structure would require that the Parking Structure be opened until the early morning hours and
on weekends; and
WHEREAS, the City agrees that Sound Transit should not have to bear any additional
cost that are a result of non-commuter use of the facility.
WHEREAS, the City and Sound Transit desire to enter into this Parking Structure Use
Agreement ("Agreement") to establish terms and conditions relating to the use of the Parking
Structure by the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.0 Scope of the Agreement
This Agreement specifies the relationship and roles of the Parties as to the use and contribution
to the costs of operating and maintaining the Parking Structure. The terms of this Agreement
shall control in the event it is in conflict with the more general terms of the Parking Structure
Construction Agreement.
2.0 Parking Structure Described
A description of the Parking Structure is attached to this Agreement as Exhibit "A" and
incorporated by this reference.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 2
(Between Central Puget Sound Regronal Transit Authority and City of Kent)
3.0 Ownership and Operation
Sound Transit owns and operates the Parking Structure. Sound Transit shall be responsible for
the control and use of the Parking Structure, subject to the terms of this Agreement and its
agreement with King County.
4.0 Use by the General Public
4.1 Use
The operating hours of the Parking Structure are provided in Exhibit `B". The general
public, under the rights secured in this Agreement by the City of Kent, may use the
parking spaces in the Parking Structure for non-transit related purposes, with the
following exceptions,limitations and reservations:
4.1.1 Exceptions
The following stalls are available to transit users only:
a. Parking stalls identified as accessible only to persons with disabilities.
4.1.2 Limitations
a. Weekdays, non-holiday: The general public may park in the Parking
Structure beginning when the last train leaves before noon or 10 A.M.,
whichever is later,until closing.
b. Weekends and State Holidays:The general public may park in the Parking
Structure during all operating hours except as otherwise provided in
section 4.1.3.below.
4.1.3 Reservations
Sound Transit reserves the right to further limit parking by the general public in
the following circumstances:
a. In up to 191 parking stalls (excluding parking identified for persons with
disabilities) if the County's transit customers do not have access to at least
191 parking stalls on any day,before 9:00 P.M.; or
b. In all parking stalls when damage, destruction, renovation,maintenance or
other conditions make it necessary to close portions of the Parking
Structure.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 3
(Between Central Puget Sound Regional Transit Authority and City of Kent)
4.2 Cost to the General Public
Parking will initially be free. However, Sound Transit reserves the right, without
limitation of other parking restrictions to charge the general public to park in the Parking
Structure under the following circumstances:
a. The City charges for parking on any of its streets, surface parking lots, or parking
structures;
b. Any other parking structure, garage or surface parking lot within the area depicted
on Exhibit"C"charges for parking;
C. The Parking Structure has reached "Capacity." Capacity is reached when the
Parking Structure is 95% full (excluding ADA parking) prior to the last train
leaving before noon or 10 A.M., which ever is later, during eight out of 10
consecutive business days. The counting to determine Capacity can be requested
by Sound Transit at anytime. Sound Transit, with a representative of the City, if
the City wishes to participate, shall count actual open spaces by driving through
the Parking Structure starting at the ground floor at the time the last morning train
pulls into the station or 10 A.M., whichever is later. Under this subsection (c),
Sound Transit may only charge the public to park until noon. However, this
subsection does not prohibit Sound Transit from charging for parking if any of the
other subsections of section 4.2 are satisfied.;
d. When it is determined that the County's transit customers do not have use of 191
parking stalls on any day before 9:00 P.M.; or
e. Sound Transit adopts a system-wide policy to charge for parking in all of its
parking structures.
5.0 Operations and Maintenance
5.1 Maintenance,Repair and Replacement Responsibilities
5.1.1 Sound Transit
Sound Transit shall be responsible for the maintenance and the operation of the Parking
Structure, except as otherwise provided in this Agreement.
5.1.2 City
The City has proposed in-kind maintenance to offset some of its reimbursements for
operation and maintenance of the Parking Structure. Although the Parties could not agree
on this at the time of the execution of the Agreement, the Parties agree to revisit the issue
in connection with the annual meetings held per subsection 6.3, below.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 4
(Between Central Puget Sound Regional Transit Authority and City of Kent)
6.0 Reimbursements
6.1 Baseline Operation and Maintenance Costs
The City agrees to pay Sound Transit the incremental cost to operate and maintain the
Parking Structure for use by the general public. This incremental cost to be paid by the
City is the cost that Sound Transit must expend above baselines established in subsection
6.1.1 and 6.1.2 below for the actual fixed and variable costs of Sound Transit to operate
and maintain the Parking Structure. The City's obligation to pay these incremental costs
will begin the same month that any portion of the City's Kent Station project opens for
business to the public,which is expected to be July 2004.
6.1.1 Fixed Costs.
Fixed costs are expenditures that are not expected to fluctuate due to an increase in
garage use by commuters. Increases in fixed costs, if any, will be caused by use of the
Parking Structure by the general public. The categories of Fixed Costs are listed in
Exhibit'D'.
a. For Fixed Cost expenditures listed in Exhibit 'D," except for security, an
initial baseline will be established January 1, 2004 and will include the
fixed costs incurred in each category in 2003. Given that King County
Metro will not be using the Parking Structure for the full 2003 calendar
year, the baseline will be adjusted to reflect King County Metro use of the
Parking Structure for the full year based on costs incurred once King
County Metro begins using the Parking Structure. Each year thereafter,
and subject to adjustments made in accordance with section 6.3, the
baseline will be calculated on January 1 by multiplying the past year's
baseline by the national CPI-W for the previous twelve-month period that
ended on-December-3 1.- The City shall pay all fixed costs incurred by
Sound Transit above the baseline. The City agrees that in attributing costs
for such Fixed Cost that are directly linked to the hours of operation, such
as the cost of security, Sound Transit's hours of operation will be deemed
to be between one-half hour before the first train arrives and one-half hour
after the last train arrives (but not before 9:00 PM on weekdays).The City
agrees that regardless of the possible use of the Parking Structure by the
Sound Transit's or King County Metro's transit customers during
extended hours requested by the City, the Fixed Cost increase associated
with these extended hours shall still be attributed to the City.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 5
(Between Central Puget Sound Regional Transit Authority and City of Kent)
6.1.2 Variable Costs.
Variable Costs are expenditures that are expected to fluctuate with an increase in
commuter use. Incremental increases in variable costs will be attributable to
increased Commuter Use (including use by King County Metro's customers) and
increased use by the general public. Commuter Use is use of the Parking
Structure by Sound Transit or King County Metro customers for purposes of
boarding a train or bus operated by Sound Transit or King County Metro at the
Kent Commuter Rail Station. The categories of variable costs are specified in
Exhibit 'B".
a. Two baselines shall be established for variable costs in 2004.
(i) The first baseline will be established January 1,2004 and
will include the variable costs paid in 2003. Given that
King County Metro will not be using the Parking Structure
for the full 2003 calendar year, the baseline will be adjusted
to reflect King County Metro use of the Parking Structure
for the full year based on costs incurred once King County
Metro begins using the Parking Structure.
(ii) The second baseline shall be comprised of two
components: the percentage of Parking Structure users
attributed to either Sound Transit or King County Metro
transit users and the percentage of Parking Structure users
attributed to use by the general public as measured by the
actual count of cars entering the Parking Structure during
operating hours. Given that public use of the Parking
— ---- -- - -- -----Structure is-not-expected to begin until.>uly 2004,the count
of cars entering the Parking Structure shall be measured the
first week in November 2004. In 2004, the City shall pay
an amount equal to the increase in variable costs multiplied
by the percentage of garage use attributable to the general
public, retroactive to the month that any portion of the
City's Kent Station project opens for business to the public.
b. Two baselines for variable costs shall be established for 2005 and
each year thereafter.
�I
(i) The first baseline for 2005, and each year thereafter,will be
established January 1" and will include the variable costs
from the previous year.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 6
(Between Central Puget Sound Regional Transit Authority and City of Kent)
(ii) The second baseline for 2005, and each year thereafter,
shall be comprised of two components: the percentage of
Parking Structure users attributed to commuter use and the
percentage of Parking Structure users attributed to use by
the general public as measured by the actual count of cars
entering the Parking Structure during operating hours the
third week in July and the third week in October. In 2005,
and each year thereafter, the City shall pay 1) the amount
paid the previous year for variable costs, and 2)an amount
equal to the increase in variable costs from the previous
year multiplied by the percentage of Parking Structure use
attributable to the general public.
6.2 Schedule of Reimbursements
At the end of each calendar quarter, Sound Transit shall submit an invoice to the City that
includes the reimbursements due from the City for cost in accord with subsection 6.1
above. These costs shall be estimated for the first three-quarters based on the previous
year, and shall be adjusted in the fourth quarter to reflect actual costs due under
subsection 6.1. The City shall pay the amount of its reimbursements, less any in-kind
maintenance by the City, within thirty(30) days after receipt of Sound Transit's invoice.
6.3 Adjustments
6.3.1 Necessity and Frequency of Services.
Sound Transit and the City shall meet at least once per calendar year to discuss
the necessity of performing the listed services and tasks in greater frequency, or
--new-tasks-that-are--deemed-necessary by-the-parties,-the-extent-to-which these--
services or tasks are properly designated as a fixed or variable costs. However, it
will be Sound Transit's decision as to the continued necessity of a particular
service or the need for greater frequency or intensity of a particular task. The
Parties will also discuss adjustments to the baseline due to cost-saving actions by
Sound Transit that do not necessarily reduce the cost associated with use by the
general public.
6.3.2 Baseline Adjustments.
In the calculation or adjustment of the fixed cost baseline, the City agrees that but
for the use by the City, the Parking Structure would open one-half hour before the
first train arrives and close one-half hour after the last train arrives (but not before
9:00 P.M. on weekdays). Therefore, for example, the cost associated with
charging the general public to park because of certain capacity issues being met
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 7
(Between Central Puget Sound Regional TransitAuthority and City of Kent)
under section 4.2(c) and 4.2(d) shall be borne by the City. Further, the City
agrees that use of the Parking Structure by Sound Transit's or the County's transit
customers during any extended operating hours requested by the City is deemed
incidental and not a basis for adjustment of the fixed cost baseline. Therefore, for
example, the cost associated with limiting parking by charging the general public
and the cost of additional security during City-requested extended hours will be
borne by the City.
6.3.3 Written Amendment.
The list of operations and maintenance tasks and services in Exhibit"A" and"E"
may be modified by a written amendment.
6.4 Structure Mid-life Adjustments
The mid-life of the Parking Structure is 2017, and it is anticipated that at that time there
will be costs associated with the long term maintenance and repair of the Parking
Structure that may not have been previously identified in Section 6.0, such as fixture
upgrades or replacements. Prior to 2018, the Reimbursements in Section 6.0 will be
adjusted to reflect these long-term costs. The parties shall discuss these adjustments
during the meetings held under subsection 6.3 and if no agreement is reached the dispute
resolution process in Section 9.0 shall be used. If an agreement is not reached using the
dispute resolution process, the matter shall be settled by binding arbitration by a single
arbitrator who has experience in real estate matters. The arbitration will be administered
by JAMS if the parties have not otherwise agreed to use a different arbitrator or
arbitration process. Each party will submit to the arbitrator and each other at least ten
(10) days in advance of the hearing its best offer for the adjustments to Section 6.0 and
the rational for the same. The arbitrator shall be limited to choosing one of the two
proposals. Each party will bear the cost of its own attorneys fees and one-half of the cost
f-the-arbitrator.T-he-same-process—aris-describ-d-a oti ve sh-all- a use to adjust the
Reimbursements in Section 6.0 prior to the renewal period beginning in 2035.
7.0 Audits,Inspections and Retention of Records
7.1 Audits and Inspections
The Parties, the State Auditor, the FTA, and any of their representatives shall have full
access to and the right to examine, during normal business hours and as often as they
deem necessary, all of each Party's records with respect to all matters covered by this
Agreement. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records, and to make audits of all Agreements, invoices,
materials,payrolls, and other matters covered by or related to this Agreement.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 8
(Between Central Puget Sound Regional Transit Authority and City of Kent)
7.2 Retention of Records
All documents, books, papers, accounting records, and other materials pertaining to this
Agreement shall be retained by each Party for six years, except in the event of litigation
or settlement of claims arising from the performance of this Agreement, in which case
each Party agrees to maintain same until all such litigation, appeals, claims or exceptions
are finally resolved.
8.0 Designated Representatives
To ensure effective cooperation, each Party shall designate representatives responsible for
communications between the Parties on certain subjects. The Parties reserve the right to change
Designated Representatives, with notice to the other Party.
9.0 Dispute Resolution
9.1 Step One
In the event of any dispute concerning this Agreement, the Operations Manager of Sound
Transit's Commuter Rail Division or designee and the Chief Administrative Officer for
the City or designee shall confer to resolve the dispute. Said representatives shall use
their best efforts and exercise good faith to resolve disputes and issues arising out of, or
related to this Agreement. In the event they are unable to resolve the dispute; the
Operations Manager and the Chief Administrative Officer shall confer and exercise good
faith to resolve the dispute.
i
9.2 Step Two
In the event the Operations Manager and the Chief Administrative Officer are unable to
resolv-e-tha--dispute,-the-Executive-Director-ot&yw rani an e ayor o the City
shall engage in good faith negotiations to resolve the dispute.
9.3 Step Three-Mediation
In the event the Executive Director of Sound Transit and the Mayor of the City are unable
to resolve the dispute, the parties may submit the matter to a mutually agreed upon non-
binding mediator. The Parties shall share equally in the cost of the mediator.
9.4 Prerequisite to Litigation
Sound Transit and the City agree that they shall have no right to seek relief in a court of
law until and unless the above procedural steps have been exhausted.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 9
(Between Central Puget Sound Regional TransitAuthority and City of Kent)
10.0 Legal Relations
10.1 No Agency.
It is understood and agreed that this Agreement is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is formed as
a result of this Agreement. No employees or agents of one party or any of its contractors
or subcontractors, shall be deemed, or represent themselves to be, employees of the other
ply.
10.2 No Third Party Rights.
It is understood and agreed that this Agreement is solely for the benefit of the Parties
hereto and gives no right to any other party. Nothing in this Agreement,whether express
or implied, is intended to confer any rights or remedies under or by reason of this
Agreement on any persons other than the Parties.
10.3 Liability for Own Employees.
Each party specifically assumes potential liability for actions brought by its own
employees against the other party and for that purpose the indemnifying Party
specifically waives, with respect to the other Party only, any immunity under the
Worker's Compensation Act, RCW Title 51; and each Party recognizes that this waiver
was the subject of mutual negotiation and specifically entered into pursuant to the
provision of RCW 4.24.115, if applicable. Each Party to this Agreement shall reasonably
notify the other of any and all claims, actions, losses or damages that arise or are brought
against that Party relating to or pertaining to this Agreement. In the event either Party
incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
section against the other party, all such fees, costs and expenses shall be recoverable by
th .nr yanPart -—
10.4 Indemnification.
The City shall protect, defend, indemnify, and save harmless Sound Transit, its officers,
officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs,claims,judgment, and/or awards of damages, arising out of,
or in any way resulting from,the negligent or intentional acts or omissions of members of
the general public not using the Parking Structure as a park-and-ride transit facility.
10.5 Survival of Terms.
The provisions of this section shall survive any expiration or termination of this
Agreement.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 10
(Between Central Puget Sound Regional Transit Authority and City of Kent)
11.0 Insurance
Each party agrees, at its own expense(except as otherwise provided in this Agreement),to
maintain coverage for its liability exposures for the duration of this Agreement.
12.0 Legal Compliance
12.1 Successors and Others in Interest
This Agreement, together with all exhibits and attachments now or hereafter made a part,
shall be binding on the Parties and their respective heirs, executors, administrators,
successors and assigns.
12.2 Assigns
The City may not assign its rights to general public parking to another party, except for
another governmental entity,and only with the prior written consent of Sound Transit.
12.3 Amendments and Modifications
This Agreement shall not be modified except by written amendment signed by personnel
authorized to bind the parties. Amendments or modifications that do not exceed
previously approved budgets may be authorized on behalf of Sound Transit by the
Executive Director and on behalf of the City,by its Mayor
12.4 Severability
If any provisions of this Agreement are held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall not be affected thereby if such remainder would
+1- eena . rp0 y con emp a e .
13.0 Cessation of Operations
If Sound Transit determines that it will cease operating commuter rail service at the Kent
Commuter Rail Station, and if King County does not wish to purchase the Parking Structure,
Sound Transit shall provide the City with written notice and an opportunity to purchase the
Parking Structure improvements and underlying real property. If the parties are unable to reach
agreement on the terms of such a transfer, either party may invoke the dispute resolution
procedures provided in this Agreement. If the parties cannot thereby reach agreement on the
terms of such a transfer, the parties shall agree upon the selection of a neutral party to establish
the fair market value of the Parking Structure. If upon obtaining the fair market value from the
neutral party, an agreement is not reached, Sound Transit may proceed with selling the Parking
Structure to an outside party at which time this Agreement shall terminate. The terms of any sale
by Sound Transit, other than to King County, shall include provisions that the new owner will
either use the Parking Structure for use by the general public, or negotiate with the City the right
for the City to purchase use for the general public.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 11
(Between Central Puget Sound Regional Trans itAuthority and City of Kent)
14.0 Termination of Agreement
14.1 Termination and Remedies for Material Breach
Either Party may terminate this Agreement in the event the other fails to perform a
material obligation under this Agreement, and such failure has not been corrected to the
reasonable satisfaction of the other in a timely manner after notice of breach has been
provided to such other Party. Written notice of termination of this Agreement shall be
given by the Party terminating this Agreement to the other party not less than one
hundred eighty days(180) days prior to the effective date of termination.
14.2 Termination Plan
Prior to termination of this Agreement by expiration of the term or as provided in this
Section, the Parties agree to develop a coordinated plan for terminating the Agreement
that includes compensating for Parking Structure use or services satisfactorily rendered
up until the time of termination.
15.0 Notice Requirements
Any notice given under this Agreement shall be in writing and given by sending such notice by
registered mail,return receipt requested, with postage prepaid addressed as follows, or at such other
address as the Party to be notified last directed in writing,or by serving said notice personally. The
effective date of notice shall be the date of personal service or the date of receipt as shown on the
return receipt, as applicable. The agency contacts for this project are as follows:
City:
Chief Administrative Officer
Kent,Washington 98032-5895
Sound Transit: Director of Commuter Rail
Sound Transit Regional Express
401 South Jackson Street
Seattle, Washington 98104-2816
16.0 Effective Date and Term of Agreement
This Agreement shall be effective on the last date signed, and end on December 31, 2034,
subject to adjustments to Reimbursements in Section 6.4. Additionally, so long as the City is not
in default of this Agreement and Sound Transit (i) plans at that time to continue operating
commuter rail through the City, (ii) plans to continue using the Parking Structure for commuter
rail customer parking, then the City shall have the option to renew this Agreement for one (1)
additional tern to expire on June 1, 2040 subject to adjustments to Reimbursements in Section 6.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 12
(Between Central Puget Sound Regional Transit Authority and City of Kent)
Theo option must be exercised in writing and delivered to So
und Transit at least one hundred and
P g
eighty(180)calendar days before the end of the term then in effect.
17.0 Execution of Agreement
This Agreement shall be executed in two (2) counterparts, any one of which shall be regarded for
all purposes as one original.
18.0 Subject to FTA Approval
The use of the Parking Structure as contemplated by the Parties is subject to compliance with
NEPA and approval of the FTA.
IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its duly
authorized officer or representative as of the date set forth below its signature and as of the date
first written above.
CITY OF KENT CENTRAL PUGET SOUND
REGIONAL TRANSIT AUTHORITY
("Sound Transit")
By: By: Q�� - i c a,-
Ji White,Mayor Joa� Earl,Executive Director
Da e: — //- �� Date: f6 C�3
i
t(a,bA,4� (4;
Tom Brubaker, City Attorney Sound Transit Legal Counsel
1NTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE—Page 13
(Between Central Puget Sound Regional Transit Authority and City of Kent)
EXHIBIT A
DESCRIPTION OF PARKING STRUCTURE
That property in Kent Washington,held in fee by Sound Transit bounded on the North by
Temperance Street, on the East by First Avenue North, on the South by West Smith Street, and
on the West by the Second Avenue North extension now know as Ramsay Way, except for those
portion that have been conveyed or will be conveyed to the City of Kent.
EXHIBIT B
PARKING STRUCTURE OPERATING HOURS
The Parking Structure will initially be open for parking as follows:
Weekdays: One-half hour before the arrival of the first morning train until one-half
hour after the last train(but not before 9:00 p.m.)
Weekends: Closed, except for special Sounder service.
State Holidays: Closed
Sound Transit, at the request of the City of Kent, will increase the operating hours of the Parking
Structure so that it is opened every day from at least 6:30 a.m. to 2:30 a.m.
EXHIBIT C
DIAGRAM
E James St =o .
f e
Regional -a � � ,
Pioneer St
Justice
Center .:
r� g
"Shaded area in diagram above is referred to in Section 4.2(b)
EXHIBIT D
FIXED COSTS
1. Security
a. Security Officers
2. Utilities
a. Pay Phones, Elevator Emergency Phones
b. Drainage—storm water
3. Ongoing Maintenance
a. Landscaping and Irrigation
b. Pest Control
c. CCTV/Panic buttons
d. Oil and Water separators/detention, annual cleaning
e. Elevator Maintenance
4. Vandalism Repair
5. Parking Fee Collection
a. Capital costs to build collection booths and gates,set up system to differentiate between
transit and general public parking
b. Operations and maintenance relating to parking fee collection
6. Collection of data(i.e.,car counting) for determining variable costs.
EXHIBIT E
VARIABLE COSTS
i
1. Janitorial and Maintenance including supplies
a. Elevator cabin/door cleaning—2 cabins
b. Trash/ashtrays
c. Trash can liners
d. Parking level sweeping—5 level(recommended 2x/mo)
e. Stairs—sweep/blow(reasonable frequency)
` f. Stairs—dust handrails/wet mop(reasonable frequency)
Vg. Interior garage trash hand pick 5 levels
h. Exterior landscaped area trash hand-pick
i. Garbage disposal.
2. Major Maintenance
a. Includes complete restriping, concrete leakage, crack repairs, new concrete sealer,
membrane applications and painting, etc.
3. Ongoing Maintenance
a. Painting/Sealing/Striping Parking Lot
b. Concrete and Masonry
c. Electrical/Plumbing/Mechanic
d. Glass Repair and Replacement
4. Insurance and payment of claims up to Sound Transit's insurance deductibles.