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HomeMy WebLinkAboutCAG2019-184 - Supplement - Sound Transit - GA0274-17 Federal Way Link Extension Project Development Agreement - 03/12/2019 FEDERAL WAY LINK EXTENSION PROJECT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF KENT AND SOUND TRANSIT This Development Agreement ("Agreement") is entered into, by and between the CITY OF KENT("City"), a Washington municipal corporation ("City") and the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY("Sound Transit"), a regional transit authority. Under the authority of RCW 36.7013.170-210 and for and in consideration of the mutual covenants contained herein,the City and Sound Transit do hereby agree as follows regarding the Federal Way Link Extension Project ("Project"). RECITALS A. The City is a non-charter optional municipal code city incorporated under the laws of the State of Washington,with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its residents. B. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. C. This Agreement is authorized by RCW 36.7013.170 through .210 ("Development Agreement Statute") and Kent City Code ("KCC") 15.08.450, and is necessary to facilitate permitting, construction, and mitigation for the implementation of Sound Transit's high-capacity transportation facilities and services. This agreement addresses Project development standards as defined in the Development Agreement Statute, including impact fees, mitigation, design standards, phasing issues, review procedures,vesting issues, and other appropriate development requirements or procedures. The Agreement is intended to constitute a development agreement governed by the terms and conditions of the Development Agreement Statute and applicable Washington law and to provide the City and Sound Transit with certainty as to the type of Project that will be built and the type of mitigation that will be provided. Pursuant to RCW 36.706.170, it is entered into under the City's general police power and contracting authority, as well as the City's State Environmental Policy Act("SEPA") mitigation authority. D. The Growth Management Act (Chapter 36.70A RCW) encourages efficient multimodal transportation facilities such as the Federal Way Link Extension (RCW 36.70A.020(3))that are coordinated with local comprehensive plans, and requires that the City plan for and accommodate essential public facilities (RCW 36.70A.200) such as the Federal Way Link Extension. Likewise,the Growth Management Act grants authority to the City to impose reasonable permitting conditions on the Project and requires state and regional agencies to comply with the comprehensive plan and development regulations adopted by the City (RCW 36.70A.103; WAC 365-196-530;WAC 365-196-540). E. In November 2008,central Puget Sound area voters approved an extensive program of transportation projects to be implemented over the 15-year timeframe from 2009—2023 known as the Sound Transit 2 (ST2) Plan. Among other projects identified for implementation, GA 0274-17 Page 1 ST2 included the extension of the Link light rail transit system from SeaTac to the cities of Kent and Des Moines. In November 2016,voters approved an additional program of transportation projects, known as the Sound Transit 3 (ST3) plan. The ST3 plan included, among other projects, the extension of the Link light rail transit ("LRT") system from its ST2 planned terminus at the Kent/Des Moines Station to the Federal Way Transit Center Station in the City of Federal Way as part of the Federal Way Link Extension Project. F. The Kent City Council adopted the Midway Subarea Plan on December 13, 2011 via Ordinance No.4009. The Plan conveys a range of actions that prepares the Midway area for the Project. The City also adopted Midway design guidelines and development regulations, and identified capital investments and other public and private strategies for transit nodes in the Project area. The City issued a Final Environmental Impact Statement in September, 2011,that along with the October 2010 Draft Environmental Impact Statement constitute the environmental review as required by the State Environmental Policy Act for adoption of the Midway Subarea Plan. G. On May 5, 2015,the City submitted a letter to the Sound Transit Board stating its preference for Sound Transit's preferred project alignment and profile which balanced stakeholder interests, maximized safety and promoted transit-oriented development consistent with the Midway Subarea Plan; H. In January, 2017, Sound Transit and the City signed a Memorandum of Understanding intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56,which directed Sound Transit staff to work with local jurisdictions in the corridor to identify and obtain commitments for permitting processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and FTA mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible,supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals. I. On January 26, 2017, the Sound Transit Board adopted Resolution No. 2017-02,which defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between S. 200t"Street and the Federal Way Transit Center. This action also established the project definition for the Project's National Environmental Policy Act (NEPA) Record of Decision. The Project description and alignment are depicted in Exhibit A. J. On August 25, 2017,the City and Sound Transit executed a City Services Agreement establishing responsibilities for City participation in Project implementation and the means by which Sound Transit would reimburse the City for costs incurred for design review, permitting,and public right-of-way review and approval services as authorized by the terms of the City Services Agreement. K. Sound Transit is intending to deliver the Project as a design-build procurement("Design-Build") and has been coordinating with the City in preparation for Project design and construction. In recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes,the City and Sound Transit desire to consolidate permit and environmental review processes for the benefit GA 0274-17 Page 2 of both parties and the public pursuant to the development agreement authority provided in RCW 36.70B.170-.210 and KCC 15.08.450. In addition, the City recognizes the public benefits which will accrue to the City and community from development of the property for the Project. L. Sound Transit has completed extensive environmental analysis of the Project in accordance with the National and State Environmental Policy Act (NEPA and SEPA). Sound Transit completed the SEPA with the issuance of the Federal Way Link Extension Final Environmental Impact Statement ("FEIS") on November 18, 2016. The Federal Transit Administration ("FTA") issued a Record of Decision (ROD) on March 6, 2017 and the Federal Highway Administration (FHWA) issued a ROD on March 9, 2017 concluding the NEPA process. M. Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body (hereinafter the "Federal Regulations"). Pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project. N. Both Parties recognize the importance of extending the light rail system as part of the comprehensive program of regional transit improvements approved by voters and have mutually concluded that it is feasible to do so by 2024. Both parties will work in a collaborative effort to resolve any issues and risks to ensure that the Federal Way Link Extension Project begins operations by 2024. 0. Pursuant to RCW 36.7013.200 and KCC 15.08.450.D, on August 21, 2018 the City held a properly noticed public hearing, and the City Council determined that the proposed Project is generally consistent with the City's development regulations and that any departures therefrom provided by this Agreement are offset by the benefits to be received from the Project; that the terms and conditions of the Agreement pay due regard to the criteria provided in KCC 15.08.450; and has authorized the Mayor to enter into this Agreement. NOW THEREFORE, in consideration of mutual promises and covenants herein contained related to the approval of various development permits to Sound Transit to construct, operate, and maintain the Project,the Parties hereto agree to the terms and conditions as follows: 1.0 DEFINITIONS For purposes of this Agreement,the following terms, phrases, words, and their derivations shall have the meaning herein given where capitalized; words not defined herein shall have their ordinary and common meaning. When not inconsistent with the context,words used in the present tense include the future, words in the plural number include the singular number, words in the singular number include the plural number, and the use of any gender shall be applicable to all genders whenever the sense requires. The words "shall" and "will" are mandatory and the word "may" is permissive. Reference to GA 0274-17 Page 3 governmental entities, whether persons or entities, refer to those entities or their successors in authority. If specific provisions of law referred to herein are renumbered,then the reference shall be read to refer to the renumbered provision. References to laws, ordinances or regulations shall be interpreted broadly to cover government actions, however nominated, and include laws, ordinances and regulations now in force or hereinafter enacted as amended. 1.1 Agreement. "Agreement" means this Development Agreement approved by appropriate action of the City and of Sound Transit. 1.2 Cam. "City" means the City of Kent and any successor or assignee following an assignment that is permitted under this Agreement. 1.3 City Liaison. "City Liaison" means a City staff contact assigned to the Project who provides central coordination between City Departments, Sound Transit and Sound Transit D-B Contractor. 1.4 Construction Build-Out Period. "Construction Build-Out Period" means the period commencing upon execution of this Agreement and ending ten years thereafter or upon the start of service, whichever is earlier. 1.5 Design-Build Contractor. "Design-Build Contractor" means the entity or entities that will contract with Sound Transit to complete the design of the Project,to obtain all remaining permits for the Project, and to construct the Project, all based upon a design-build procurement method. 1.6 Design Submittal. "Design Submittal" means a set of design documents for the Project that have been or will be submitted to the City for review as the Project moves through various review and approval processes. The different phases of design submittal are: a) "Preliminary Engineering(PE) Submittal" (30% Design Submittal) means the Design Submittal that was furnished to the City in 2017 prior to Sound Transit initiating a procurement process seeking the services of a Design-Build Contractor. These plans included conceptual design of the alignment. The City has already reviewed and provided written comment on this submittal. Sound Transit has provided a written response to the City indicating how the City's comments have been resolved. b) "Proposed Changes to the Preliminary Engineering Submittal" means a Design Submittal based on plans prepared as part of Sound Transit's Design-Build Contractor selection process. This submittal will include any significant design changes to the "Preliminary Engineering (PE) Submittal" initiated by the Design-Build Contractor during procurement and/or initiated by Sound Transit in preparing the RFP. c) "60% Design Submittal" means a Design Submittal for a defined segment of the overall project that presents advanced details on items such as route alignment, utilities, and urban design concepts.These elements shall be identified by the Design-Build Contractor at the time of submittal. 60% plans will also include basic concepts for other project elements that will be addressed in future submittals.This will also include the incorporation of the identified resolution to the city review comments received on the "Preliminary Engineering(PE) Submittal". GA 0274-17 Page 4 1.7 Issued for Construction. "Issued for Construction" means a complete set of construction plans, drawings, and specifications that incorporate corrections to the Permit Submittal required by the AM for use by the Design-Build Contractor to construct the project. 1.8 Over-the-Shoulder Review. "Over-the-Shoulder Review" means the informal and ongoing review of evolving design concepts and plans developed during the Project construction phase. 1.9 Parties. "Parties" means the City of Kent and the Central Puget Sound Regional Transit Authority. 1.10 Permit Submittal (90%/100% Design). "Permit Submittal" means a Design Submittal illustrating detailed plans for all work proposed in the permit application. This design submittal will take place in two discrete steps—with the 90%Submittal being the formal Permit Submittal to the City including all items necessary to comply with the City's permitting process. This 90% Submittal may include utility relocation improvements, new traffic signaling plans, grading and landscaping plans, and all work to be completed as part of the Project. The 100% plan set will only include those sheets that require updating in order to satisfactorily resolve City comments received on the 90%Submittal or any other previous submittals. The 100% Design will be submitted to the City as the Issued for Construction (IFC) Submittal for approval signatures from the City. 1.11 Project. "Project" or"Federal Way Link Extension ("FWLE") Project" means the light rail system as described and depicted in Exhibit A, attached and incorporated herein, and as approved by the City pursuant to the approvals described in this Agreement. 1.12 Sound Transit. "Sound Transit" means the Central Puget Sound Regional Transit Authority, and any other entity to the extent such entity, as permitted under this Agreement, is exercising any rights to operate the Light Rail Transit System over any portion of the Light Rail Transit Way pursuant to a specific written grant of such rights by Sound Transit. 1.13 Surplus Property. "Surplus Property" for the purposes of this Agreement, means any real property acquired by Sound Transit for the Project located within the City of Kent that no longer has a transit need and is suitable for development. 1.14 Third Party. "Third Party" means any person other than the City or an employee of the City and any person other than Sound Transit or an employee of Sound Transit. 2.0 COOPERATION AND GOOD FAITH EFFORTS 2.1 Cooperation.The Parties understand and agree that the activities described in this Agreement depend upon timely and open communication and cooperation between the Parties. In this regard, communication of issues, changes, or problems that arise with any aspect of the work should occur as early as possible in the process, and not wait for explicit due dates or deadlines. Each Party agrees to work cooperatively and in good faith toward resolution of any such issues. 2.2 Future Agreements.The Parties acknowledge that this Agreement may contemplate the execution and delivery of a number of future documents, instruments, and permits, the final form and contents of which are not presently determined.These future documents may include, GA 0274-17 Page 5 but are not limited to, storm drainage covenant agreements, operations and maintenance agreements, construction permits and approvals, financial guarantees, or service agreements. The Parties agree to provide the necessary resources and to work in good faith to develop the final form and contents of such documents, instruments, and permits, and to execute and deliver the same promptly. 2.3 Timely Review.The City will provide timely review of all permit applications necessary to complete the Project, subject to the City's applicable process and regulations. This includes Sound Transit's payment of applicable fees and reimbursement for City staff time as consistent with the City's fee schedule or the executed City Services Agreement for the Project. 2.4 Impact on Businesses and Institutions. Sound Transit will exercise its reasonable best efforts to minimize impacts of construction activities upon current and future business operations,traffic circulation, pedestrian and bike access and pending development opportunities in the Project area. 3.0 PROJECT LOCATION AND ELEMENTS As described in the Project's FEIS, the purpose of the Project is to expand the Sound Transit Link light rail system from the City of SeaTac to the cities of Des Moines, Kent, and Federal Way in King County in order to provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region. When constructed, the Project will provide a connection south from the existing Angle Lake Station crossing to the east in a manner that allows for the future construction of the SR 509 Extension Project by WSDOT. It will proceed generally within 1-5 right-of-way, with a segment near Kent-Des Moines Road, which will divert to the west side of 301n Ave South between Kent-Des Moines Road and South 2401n St,to the Project's terminus in the City of Federal Way. Three new Light Rail Transit ("LRT") stations will be constructed as part of the Project with associated improvements for parking, pedestrian, bicycle, bus and other access improvements. Sound Transit shall construct streetscapes generally consistent with the Design-Build Request for Proposals Project Requirement 7.2 and the conceptual designs depicted in Exhibit A, using roadway widths described in the Right-of-Way Cross-Sections Letter of Concurrence (Exhibit G). The intent of these designs is to provide a multi-modal access to the Kent/Des Moines (KDM) station area consistent with the City's Midway Subarea Plan. In the City of Kent, specific improvements as part of the Project include: • Roadway Improvements o Reconstruct and widen 301n Ave. S. from a two-lane street to a cement concrete pavement street with three lanes, parallel parking, curb, gutter, sidewalks, landscaping, illumination, and shared-use path. o Construct a new cement concrete pavement S. 236`n St. from SR 99 to the east of the proposed garage with bus cul-de-sac turnaround at east end (near 1-5). Includes curb, gutter, 10-foot sidewalk east of 301n Ave. S. and 24-foot shared-use path west of 301n on both sides of the street, illumination, and landscaping. o Install a traffic signal at the new intersection of SR 99/S 236cn o Construct a 10-foot-wide sidewalk with a 5-foot-wide landscaping buffer strip between the travel lane and sidewalk on the east side of SR 99 from its intersection with the GA 0274-17 Page 6 northeast corner of S. 234th St. to its intersection with the southeast corner of S. 238th Street, with appropriate tapers as determined by the City to existing sidewalks to allow future completion of the sidewalk when adjacent properties are developed. Reconstruct existing utilities or other infrastructure located under existing sidewalks. o Construct a new cement concrete pavement S 234th St from SR 99 to 30th Ave S with curb, gutter, 8-foot sidewalks, illumination, and a 4-foot landscape buffer. o Construct a new cement concrete pavement S 238th St from SR 99 to 30th Ave S with curb, gutter, 8-foot sidewalks, illumination, and a 4-foot landscape buffer. o Reconstruct and realign a cement concrete pavement 28th Ave S/S 270th St/26th Ave S street with sidewalks, illumination and landscape buffer from the intersection of S 268th PI to S 272"d St. o Construct new detention pond serving 28th/26th Ave S. o Reconstruct a cement concrete pavement S 272"d St from approximately the east side of, and including, the intersection of S 272"d St and 281h Ave S to west side of Saybrook Condominiums with extended left turn lanes, curb, gutter, sidewalks and landscape buffer. All lane lines on S 272"d St shall be Profiled Plastic lane lines. o Extend the HOV lane on the north side of S. 272"d Street to the southbound 1-5 off-ramp and add a bicycle lane, consistent with the City's Transportation Master Plan. o All cement concrete pavement shall have minimum thickness of 9 inches, and have dowel bars at each transverse construction joints consistent with WSDOT Standard Plan A-40.10-03. o Street trees shall include 4-5 different tree species used throughout the station areas and surrounding streets, using the approved street tree list from City of Kent and ST. • The intent of the mixed tree layout shall be to prevent the spread of disease, while also maintaining a row of similar tree size for an orderly visual appeal. • Tree species shall be selected to maintain the Vegetation Clear zone from the guideway, and at maturity remain clear of overhead power lines. Columnar shaped trees shall be used when overhead power lines are not present. o At the station areas, ST shall have deciduous species where street trees are planted in equally spaced intervals, and where a planter or planter strip with clusters of trees are planned in a non-linear layout, coniferous can be mixed with deciduous. Landscaping along roadways and buffers that are within City rights-of-way shall include irrigation systems matching and connecting to the existing City irrigation system where applicable and shall comply with all relevant codes and standards. • Station Facilities o Construct new Light Rail Station on the west side of 30th Ave S. (near SR 99 and Highline College) with new minimum 500 standard-sized stall parking garage. Compact-sized stalls in conformance with the most recent version of Sound Transit's Design Criteria Manual, Chapter 31.3—Parking Facilities and consistent with KCC Chapter 15.05, may be proposed during the final design process, resulting in a mix of standard-sized and compact-sized stalls,which may increase the overall number of parking spaces. o Provide a plaza for food truck vending on the west side of the KDM parking garage. o Construct new Light Rail Station at the Star Lake Park and Ride (just north of S 272"d St, west side of 1-5) with new minimum 1100 standard-sized stall parking garage replacing the surface parking. Compact-sized stalls in conformance with the most recent version of Sound Transit's Design Criteria Manual, Chapter 31.3—Parking Facilities and consistent with to KCC Chapter 15.05, may be proposed during the final design process, GA 0274-17 Page 7 resulting in a mix of standard-sized and compact-sized stalls, which may increase the overall number of parking spaces. 4.0 SEPA COMPLIANCE Sound Transit is the lead agency for compliance with SEPA. In coordination with the City and other agencies with jurisdiction, Sound Transit has completed the substantive and procedural environmental review for the Project in accordance with SEPA requirements with the publication of the Federal Way Link Extension Final EIS in November 2016. The environmental review covers the City's issuance of permits for the Project as well as environmental mitigation (See Exhibit B), and the City will use and rely upon the existing environmental documents to satisfy its SEPA responsibilities, consistent with WAC 197-11-600. 5.0. PROJECT SCHEDULE The City is aware of the Project schedule and the criticality of meeting schedule milestones in order to deliver the Project efficiently and effectively and consistent with expectations of the region's citizens, as expressed in voter-approved ballot measures (ST2 and ST3). Sound Transit will share with the City updates to the Project Schedule as it evolves and based on input from Sound Transit's Design-Build Contractor. 6.0 ESSENTIAL PUBLIC FACILITY REQUIREMENTS The Parties agree that the Project is a regional transportation facility that has the status of an essential public facility ("EPF") and that the requirements of RCW 36.70A.200 are applicable. Under Chapter 36.70A RCW,the City may not utilize development regulations to render impracticable Sound Transit's decisions on siting and location of the Project; however,the City may impose reasonable permit and mitigation conditions on the Project consistent with the City's comprehensive plan and development regulations adopted by the City(RCW 36.70A.103; WAC 365-196-530; WAC 365-196-540). 7.0 PUBLIC SAFETY Sound Transit shall cooperate with the City's Police Department to ensure adequate surveillance cameras are provided and appropriately placed in the stations and garages as determined by the City and Sound Transit, that there is infrastructure available for the City to add additional cameras as needed for strategic monitoring,that the City's Police Department has access to the Sound Transit security office for interviews and writing police reports and has immediate access to Sound Transit CCTV for investigative purposes. Sound Transit also shall periodically re-evaluate its security infrastructure to maintain an appropriate level of advancement and technology. All operational aspects of public safety and the cooperation between Sound Transit and the City's Police Department shall be documented in a separate agreement between Sound Transit and the City prior to the start of revenue operations. GA 0274-17 Page 8 8.0 STATION AREA PLANNING AND DESIGN 8.1 Station Design Theme. The station design theme shall be Northwest Modern Urban Village for the Kent-Des Moines Station and Northwest Modern Suburban for the S. 272"d Street Station, as described in Exhibit C and as approved by the City's Economic and Community Development Committee. Sound Transit shall incorporate these design themes into the station areas as part of the final design process. 8.2 Station Artwork. Sound Transit shall produce artwork for the FWLE KDM station area and for the S. 272"d St. station area that complements the agency's regional art collection, supports a positive customer experience and responds to the character of the area and the community. The process will include issuing a request-for-qualifications artist selection process. This process will use a panel (one panel for each station area) of art and design professionals along with community representatives consisting of members who can contribute to meeting the station's artwork goals. As part of the artwork development process, Sound Transit will work with the City and other stakeholder groups to keep them informed and involved. 8.3 Development of surplus property. (a)The Parties agree that development on any Surplus Property identified by Sound Transit following Project completion shall include a mix of uses consistent with Sound Transit's Equitable TOD Policy and the City's vision for a compact, mixed use and mixed-income walkable urban center as depicted in the Midway Subarea Plan and,the Midway Design Guidelines, or as amended. Specifically,the Parties agree that consistency with the City's Midway Subarea Plan and the Midway Design Guidelines will be included in the evaluation criteria for any RFQ, RFP, or other means of seeking and selecting proposals for development or transfer of the surplus property. (b)The City will participate in a meaningful way with Sound Transit in developing any surplus property-related RFQ, RFP, or other means of soliciting proposals for development of any Sound Transit Surplus Property. "Participate in a meaningful way"for the purposes of this section, means that the City will co-lead a collaborative process which may include advisory groups, teams, or committees,the Parties will reach agreement on the scope, qualifications, evaluation criteria,timing, and other key elements of the process for the developer selection, sale, lease, or other transfer of the surplus property including, but not limited to, any RFQ, RFP, or other means of seeking and selecting proposals for development. Specifically the City will be given the opportunity to participate on the proposal evaluation team by providing up to two City employees to participate as members. One City employee will be a voting member of the team and the other will participate as a non-voting technical advisor. Sound Transit uses an evaluation methodology where the members of the evaluation team discuss the strengths and weaknesses of each proposal in order to reach a consensus on the preferred proposal. City participants are subject to the rules and requirements that apply to all evaluation team participants, including Sound Transit employees. Specifically,team participants must complete any Sound Transit training required in order to participate on an evaluation team, agree in writing to keep confidential team discussions and source selection information during their participation on the evaluation team, and declare in writing the existence of any conflicts of GA 0274-17 Page 9 interest with any of the proposing firms. The Director of the Sound Transit Procurement& Contracts Division has the authority to reject or remove any participants who do not meet the above requirements or violate any applicable rules or requirements. (c)The City will participate in a meaningful way with Sound Transit in developing and evaluating any technical or informative studies and, in the event an agreement or other binding instrument is required to be entered into as part of the process, will participate in good faith to reach agreement on terms pertaining to or used to guide decisions regarding development of the surplus property. (d) Any impasse during the collaborative process outlined here, other than the proposal evaluation process, will be subject to the dispute resolution process in Section 17 of this Agreement. 9.0 DEVELOPMENT STANDARDS 9.1 Land Use Approval. Pursuant to RCW 36.70B.170 through 36.70B.210, as amended, and KCC 15.08.450,the City may enter into a development agreement with Sound Transit for the Project. Under the terms and conditions of this Agreement, and in an effort to streamline the permitting process and avoid duplication, the City determines that this Agreement and associated public hearing pursuant to KCC 15.08.450(D) satisfy the conditional use permit process required for high capacity transit facilities pursuant to KCC 15.04.060 as follows: (a)The Project is supportive of the City's vision for transit oriented development as adopted in the Midway Subarea Plan. (b)The Midway subarea is of sufficient size to accommodate the Project without precluding land available for development. (c)The mitigation measures in the Federal Way Link Extension EIS ("EIS") and this Agreement address the Project's impacts to the traffic circulation system in the vicinity, and the Project assists in relieving traffic congestion in the south corridor. (d)The mitigation measures in the EIS and this Agreement adequately address noise,vibration, glare, air quality, visual or auditory effects of the Project. (e)The mitigation measures in the EIS and this Agreement adequately address design review and other zoning code requirements for high capacity transit facilities. 9.2 Proiect Public Benefits. As outlined in the Project's Final EIS,the Project will provide the following public benefits: • Provide a rapid, reliable, accessible, and efficient alternative for travel to and from the corridor and other urban growth and activity centers in the region, with sufficient capacity to meet projected demand. • Expand mobility by improving connections to the regional multimodal transportation system with peak and off-peak transit service. GA 0274-17 Page 10 • Provide the high-capacity (HCT) infrastructure and service to support the adopted regional and local land use,transportation, and economic development plans. • Advance the Sound Transit Long-Range Plan's vision, goals, and objectives for high-quality regional transit service connecting major activity centers in King, Pierce, and Snohomish counties (Sound Transit, 2014a). • Implement a financially feasible HCT system to help preserve and promote a healthy environment. 9.3 Pre-Final PE. The City has determined that the Project as represented in the Pre-Final PE Submittal is generally consistent with City codes and standards. So long as the Project continues to be developed consistent with appropriate City codes, ordinances, standards, permits, City approvals and this Agreement,the public health, interest, and welfare are adequately protected within the bounds of the law. Pursuant to KCC 15.08.450.C(11),the City may grant departures from the standards of Kent City Code where it is clearly documented that such departures are offset by providing a benefit to the City of equal or greater value relative to the departure requested. In no case shall a departure from the code be granted by this Agreement if no benefit to the City is proposed in turn by the applicant. The City is allowing departures from development regulations because the Project will be providing a benefit to the City of an equal or greater value relative to the standards from which departure is being allowed. The City hereby allows the code departures from the following standards: 9.3.1 Midway Design Review Guidelines—KDM Station Area. The Parties have worked in good faith to create an applicable framework using the City's Midway Design Guidelines that meets the mutual goal of an efficient and expedited Project Permitting process. Exhibit D contains the Midway Design Guidelines clarification documents providing clarification as to how these guidelines will be implemented by Sound Transit as part of the permitting process. Exhibit D contains three separate documents focused on the three major Project structures that will be reviewed under this process; namely,the Light Rail Transit (LRT) station, the parking garage, and the Traction Power Substation (TPSS) structure located within the KDM station area. Exhibit D will inform City review for compliance with the Midway Design Guidelines when submittals are made by Sound Transit's Design-Build Contractor, but does not constitute City design approval of the Project elements referenced therein. Furthermore,the City understands and agrees that Sound Transit will direct their Design-Build Contractor to prepare 60%(or equivalent) submittal documents for the City's review and approval pursuant to the Midway Design Guidelines, and no approval other than what is articulated in Exhibit D will be given by the City except through the City's review and approval of the 60% submittal documents from the Design-Build Contractor. 9.3.2 KCC 15.07.040 General landscape requirements for all zones. The City will grant a departure from the requirement for screening of trash containers with a one hundred (100) percent sight-obscuring fence or wall and appropriate landscape screen at the KDM station area. A wall will be provided at this station screening the trash enclosure and will have aesthetic wall finishes to maintain continuity with the station architecture. GA 0274-17 Page 11 However, additional landscape screening will not be provided as it will reduce urban plaza pedestrian circulation space. 9.3.3 KCC 15.15.320 Surface parking lot landscaping and treatment of perimeter. The City will grant a departure from the requirement for vegetation screening the perimeter of the surface parking lot. This departure is being granted in order to develop a landscape plan that is consistent with Crime Prevention Through Environmental Design (CPTED) guidelines. This departure will result in a landscape design that is consistent with the aesthetic intent of the code while meeting safety and security requirements. 9.3.4 KCC 15.15.220 Buffering of track corridor. The City will grant a departure from the requirement for buffering the track corridor. This departure is granted recognizing the need for Sound Transit to maintain a safe operating environment for passengers and others who come in contact with the LRT system. Landscaping provided along the track corridor will be consistent with Sound Transit's vegetation clear zone requirements, which limit the type and height of vegetation in proximity to the guideway in order to maintain clear lines-of-sight for LRT operators and to minimize any potential for conflicts and/or obstruction of the LRT guideway. 9.3.5 KCC 15.15.110.A. Station design—Architectural Expression.The City will grant a departure from the requirement that HCT station facilities, and associated site furnishings are designed as an expression of community identity, and that each HCT station within the city shall be consistent with a locally-determined design theme. Sound Transit has fulfilled some of this requirement for an architectural design theme by using local stakeholder and public feedback at each station community to create 'Northwest Modern' as the architectural design direction for the stations. This Northwest Modern expression shall be used at all three stations within the Federal Way Link Extension, for the purposes of providing higher quality of design and construction through the value and efficiency of repetition. While this architectural theme has been determined by local feedback and is being tailored to either the Urban or Suburban nature of each station, it is a code departure due its application to multiple stations within the Federal Way Link Extension. Finishes, including color and artwork at stations and at garages, will meet this code by being unique at each station to represent community identity, and Sound Transit will facilitate public outreach and artist selection panels to incorporate local feedback into the design at each station. Furnishings are not able to be unique at each station because they are part of the system-wide standard equipment maintained by Sound Transit for ease of maintenance and repair. 9.3.6 KCC 15.15.110. B. Station Design—Architectural Expression. In satisfaction of the City's station design requirement, Sound Transit has created an Architectural design theme, and Art theme for each station in the city of Kent, and presented these to the City of Kent Economic Community Development Committee as follows: • KDM station Architectural theme: Northwest Modern, Urban Village • KDM station Art theme: Confluence; a weaving of People, Places and Ideas. GA 0274-17 Page 12 • S 272nd station Architectural theme: Northwest Modern, Suburban • S 272nd station Art theme: Luminescence; a warm welcoming glow at the edge of the forest. 9.3.7 KCC 15.15.120.A.2 Station canopies. The City will grant a departure from the requirement for station canopy rooflines as an expression of community and as an architectural focal point, including prominent features and steps in roof height or detail. This departure is being granted so that Sound Transit can provide a consistent canopy design along the corridor. Sound Transit will require its Design-Build Contractor to provide ample ceiling height at the center of the station canopy and to maximize daylight through the edges and the centers of the station canopies,while still providing good weather protection. These design goals were identified by stakeholders during the Station Workshop process. Opportunities for expressing community context will be through station art, unique materials used at station entry points, garage screening, and pedestrian plaza areas. 9.3.8 KCC 15.15.120. B. 2 Public seating standards. The City will grant a departure from the requirement for seating density at a standard of at least one (1) linear foot of seating per each fifty (50) square feet of plaza space on site. ST is proposing to provide 1 linear foot of seating per every 150 sq. ft. of plaza, courtyard or pocket park space at KDM station and 1 linear foot of seating per every 250 sq. ft. of plaza, courtyard or pocket park space at 272"d station. This design will provide an appropriate amount of open space for pedestrian circulation and other plaza uses at the respective station areas. 9.3.9 KCC 15.15.120.G—Bicycle parking areas. The City will grant a departure from the requirement to locate bicycle parking facilities within 50' of a station entrance area. The proposed bicycle storage locker area is large enough that placing it within the 50' distance is not practicable. It will be placed at a location that is practicable and accessible and within 100' of a station area. Bicycle racks will be available near the station entrance. 9.3.10 KCC 15.15.130. D—Light post standard designs. The City will grant a departure from the requirement to provide lighting standards consistent with the city's established station design theme. Lighting within the station area that is owned and operated by Sound Transit will follow the Link system-wide specified lighting standards, as determined by the ST Design Criteria Manual (DCM). 9.3.11 KCC 15.15.230—Elevated Structures. The City will grant a departure from the requirement for part A of the referenced code, requiring a decorative form pattern or other architectural features on 50%of the surface of the columns, and part B, projections, indentations, or intervals of material change, to allow the Octagonal column type to be constructed in their jurisdiction. A depiction of two column types— Octagonal and Rectangular ("tulip")-- is provided in Exhibit E. Sound Transit's experience with constructing the Octagonal column type in the East Link project is that this column design has a higher reliability in successful casting results, uses less concrete to construct, and does not experience the casting challenges that the curvilinear design GA 0274-17 Page 13 in the Rectangular column has had. The Rectangular column type, has been determined to meet the referenced City code and may be used by Sound Transit's Design-Build Contractor. The Octagonal column type does not meet the referenced City code, but the City will grant a departure from the requirements in the referenced City code provided that either the Octagonal or the Rectangular column types shall be the only column designs allowed, and the chosen column type shall be consistently used throughout the entirety of the City, with exception of the two columns at KDM station located on either side of 236th street.These two columns at KDM station shall receive artwork on their surface, and therefore are limited to either the Octagonal column design, if the Octagonal type is used throughout the City, or shall be simplified to a Round column design if the Rectangular column type us used throughout the City.The Rectangular column design has been deemed unsuitable at this location for applied art by the ST Art program Director due to the curvilinear shape and striations in the surface. 9.3.12 KCC 15.15.240- Pedestrian crossings of track and access to stations. The City will grant a departure from the requirement to provide a covered pedestrian overpass of the crossing of SR 99 proximate to the KDM station. Investing in at-grade pedestrian improvements to this intersection was identified through a stakeholder engagement process as the best means of safely accommodating pedestrian movements at this location. The at-grade improvements identified include narrowing travel lanes along SR 99, adding a more substantial planted median, and making pedestrian-oriented improvements enhancing safety and walkability at the new signalized intersection. 9.3.13 KCC 15.15.440—Retail in garage. Sound Transit is requesting a departure from the requirement to provide retail-ready space in the parking garage at the S. 272"d Street station. This departure is being granted recognizing the lack of current or future market demand to support retail space at this location. At the KDM station garage, Sound Transit will meet the requirements for the 14-foot ceiling height,fire suppression at the ground floor and level floor area at the space identified in this code as retail convertible area. In addition to meeting these requirements at KDM, Sound Transit will create the Food Truck Plaza to meet the pedestrian activation intent of the retail requirement. The Food Truck Plaza will be located on the west side of the garage. It will feature a canopy for weather protection at the garage fagade facing 30"Ave S, and storefront windows along the west fagade with glazed double-doors at multiple locations in the storefront to create an indoor-outdoor connection to the garage. 9.3.14 KCC 15.15.610—Directional and informational signage. The City will grant a departure from the requirement to provide directional and informational signage consistent with the City's established station design theme. This departure is being granted so that Sound Transit can provide customer signage that is consistent throughout the Sound Transit system, meeting ADA and other standards governing accessibility and safety. 9.3.15 KCC 6.14.A—Design and Construction Standards(lighting standards). The City will permit the use of a higher standard (1.2 foot-candles) for street lighting installed along S. 2361h Street. This standard is consistent with the City of Des Moines lighting standard. GA 0274-17 Page 14 9.3.16 KCC Section 6.19—Design and Construction Standards (intersection spacing). The City will grant an exception to Sound Transit from requirements for intersection spacing at 2,600 feet along principal arterial roadways (SR 99, in this instance). The roadways that have been designed for circulation at the KDM station area do not meet this standard, but are consistent with the Midway Design Guidelines, specifically, Sections 2 and 6, which favor a shorter intersection spacing. 9.3.17 KCC Section 6.19—Design and Construction Standards(driveway spacing). The Project will have temporary impacts on a number of properties along 30th Avenue S. When restoring properties following their temporary occupancy by Sound Transit, Sound Transit will leave the driveways in their existing location. The City acknowledges that several of these properties do not meet current guidelines for driveway spacing and that any alteration in access conditions is not the responsibility of Sound Transit. The City will grant to Sound Transit a departure from the driveway spacing standard for the access points along 30th Ave S to the KDM station parking garage and the nearby fire lane. The reason for this departure is that the fire lane will be gated and will be only used occasionally for service and emergency vehicles. The City will also grant to Sound Transit a departure from the driveway spacing standard for the two access points along SR99 serving the two TOD parcels in the KDM station area.The reason for this departure is that these two driveways are restricted to right-in/right-out and they are necessitated in order to provide a second access point into the TOD area, meeting fire access requirements and enhancing the development potential. 9.3.18 KCC Section 6.19—Design and Construction Standards (sight distance). The City will grant a departure from standard sight distance requirements at the S. 272"d Street station park-and-ride, specifically, at the bus loop exit driveway. Achieving the required sight distance at this location would involve removing trees within an adjacent wetland area. Strategies to mitigate the shorter (approximately 265-feet) sight distance at this location include: 1) installing a stop sign along 26th Street for southbound vehicles, or 2) a re-design by Sound Transit's Design-Build Contractor of the Station area roadway layout while maintaining the prescriptive roadway typical sections within the Project right-of-way limits. This re-design could include a compact roundabout. 9.3.19 KCC Section 7.10.030—Installation of Electrical or Communication Facilities. The City will grant a departure from the requirement to underground the existing aerial facilities that span 1-5. This departure is being granted because of the impracticability of placing a utility of this nature under interstate highway right-of-way. 9.3.20 KCC 11.06—Wetland Mitigation Requirements. KCC sections 11.06.550, 11.06.560, and 11.06.660 allow for the City to approve in-lieu fee mitigation as a form of compensatory wetland mitigation for wetland impacts.The City recognizes that conventional permittee-responsible compensatory mitigation within City limits is very limited and that the King County In-Lieu Fee Program will provide equivalent or greater replacement of wetland functions and values when compared to permittee-responsible mitigation. Therefore, in accordance with the mitigation proposed in the Critical Areas GA 0274-17 Page 15 Report as reviewed and approved by the City,the City will accept King County In-Lieu fee mitigation for all permanent wetland impacts in their jurisdiction. 9.3.21 KCC 15.07.070—Maintenance of Landscaping; KCC 6.13.A—Landscaping Standards. To satisfy the City of Kent's code requirements (as cited) requiring that adjacent property owners take responsibility for landscaping in public rights-of-way, Sound Transit will make a one-time, fee-in-lieu payment, which shall satisfy in full any and all requirements of City code for perpetual landscape maintenance performed by Sound Transit. The fee-in-lieu payment will be in the amount of$500,000 and will be payable by Sound Transit to the City following the close of the two-year plant establishment period (during which time Sound Transit's Design-Build Contractor will be responsible for landscape maintenance). Upon payment by Sound Transit,the City shall accept all responsibility thereafter for maintenance of landscaping installed in public rights-of-way. 9.4 Vesting. The vesting described in this Agreement shall apply for ten years from the date of execution of this agreement or the start of service, whichever is earlier. During this period,the City shall neither modify nor impose new or additional development regulations or standards for the Project, except as otherwise provided in this Agreement, or if other county, state or federal laws preempt or otherwise preclude the City's authority to vest regulations. The City reserves the authority to impose new or different officially adopted regulations, only if, and to the extent required by a serious threat to the public health and safety, as determined by the City Council after notice and an opportunity to be heard has been provided to Sound Transit unless the threat is so immediate that notice is not practical in the short term, due to the imminent threat to public health and safety. To the extent this Agreement does not establish or define development regulations or standards covering a certain subject, element, or condition, the Project shall be governed by the City development standards and regulations in effect on the date of execution of this agreement. 9.5 Codes in Effect. The codes and editions that will be used for the entirety of this Project's Construction Build-out Period are specified in Section 2.2 of the Project Requirements, which shall be issued to Sound Transit's Design-Build Contractor, and shown in Exhibit F attached to this Agreement. The Contractor shall comply with all City codes, standards, ordinances and design review requirements, except as amended by this Agreement. Flexibility in compliance with the City's codes, standards, ordinances and design review requirements may be allowed to encourage independent design tailored to individual situations. In these cases,the Contractor shall submit to the City for review and approval additional documentation and a formal deviation request, along with associated fees.The City's requirements may differ from Sound Transit's Design Procedures Manual (Vol. 3, 8.02). The City's deviation processes are included in the Kent Design and Construction Standards, Kent City Code Title 15, Chapter 12.01 or other code sections pertaining to the desired deviation. Any deviation must be approved by Sound Transit and the City prior to implementation. 9.6 Local Roadways. Local roadway right-of-way width as shown in cross-sections to be improved by Sound Transit shall be consistent with the concurrence letter addressing this subject and GA 0274-17 Page 16 executed between the City and Sound Transit dated July 14, 2017, attached and incorporated herein as Exhibit G. 9.7 Stormwater Management.The Parties have agreed on a conceptual design to manage stormwater generated at the site of the KDM and S. 272 d Street station areas. These concept designs are depicted in Exhibit H to this Agreement. These conceptual designs will be made final by Sound Transit's Design-Build Contractor; however,the Parties agree that the conceptual depiction of stormwater management systems being separate facilities, and not commingled, is critical and shall not be changed without written concurrence. Sound Transit acknowledges the City's interest in providing additional capacity to manage storm water generated by other, future land uses in the KDM station area. As design proceeds, Sound Transit will determine whether sufficient surplus property exists to accommodate the City's request. If adequate surplus property exists, Sound Transit agrees to work in good faith with the City to evaluate opportunities for an expanded stormwater facility. Furthermore,the Project shall be designed using the 2017 City of Kent Surface Water Design Manual, except as otherwise provided in this Agreement, or if other county, state or federal laws preempt the City's authority to vest regulations. 9.8 Parking Mitigation. Sound Transit will perform the following actions as mitigation for parking at the Kent/Des Moines and S. 272"d Street station areas. 9.8.1 Kent/Des Moines Station Area. Sound Transit shall, in coordination with the City and at Sound Transit's expense, conduct an on-street parking inventory and utilization study of the block faces identified in Exhibit I (KDM Station area), all located within one quarter- mile of the KDM Station area. This study will take place within one (1)year before start and within one (1) year after start of revenue service based on a mutually agreed upon study methodology that evaluates parking capacity and usage of the block faces identified in Exhibit I (KDM Station area), and whether any difference in parking use can reasonably be attributed to the Project. If the post-revenue service study shows that the block faces identified in Exhibit I (KDM Station area) are over 90%capacity prior to 8 am, and over 50%of the on-street parking can be reasonably attributed to light rail transit customer parking, then Sound Transit and the City will work together in good faith to identify and, if necessary, implement parking control measures. Potential parking control measures include parking meters, and restricted parking, passenger and truck load zones. Sound Transit agrees to fund the initial capital costs of implementing parking meters or parking restriction signage within the quarter mile radius. The City will be responsible for monitoring and providing all enforcement and maintenance costs. 9.8.2 S. 272"d Street Station Area. Sound Transit shall, in coordination with the City and at Sound Transit's expense, provide capital costs of implementing a Residential Parking Zone in the area highlighted in Exhibit I (S. 272"d Street Station Area). Sound Transit shall participate in said costs in an amount not-to-exceed $15,000,which shall be payable by Sound Transit to the City within 60 days upon Sound Transit's receipt of the City's written notification of intent to and rationale for implementing a Residential Parking Zone and documentation of expenditures.These funds shall be used toward the initial capital costs of implementing parking meters or parking restriction signage within the GA 0274-17 Page 17 designed area. The City will be responsible for monitoring and providing all enforcement and maintenance costs. However, in no event would Sound Transit make payment to the City prior to the start of Project revenue service nor more than two years after the start of Project revenue service. Sound Transit is in agreement with the City that this action satisfies Sound Transit's commitment to evaluate and implement hide-and-ride mitigation around the S. 272"d Street Station area attributed to light rail customer parking, given the unique circumstances surrounding the S. 272"d Street Station area, the fact there is relatively little opportunity for on-street parking in the surrounding area, and the fact that residents in the area highlighted in Exhibit I (S. 272"d Street Station Area) have little recourse for alternative on-street parking. 9.9 Roadway Illumination. All street lights installed for this project shall be LED street lights. Any time 50-foot light poles are identified in the Kent Design and Construction Standards, 40-foot light poles shall be used. Design and construction of the City of Kent roadway illumination system shall be in accordance with standards as noted below. Kent-Des Moines Station Area: o S 234th Street—Meeker Street Standards (both sides) o S. 236th Street— Meeker Street Standards (both sides) o S. 236th Street cul-de-sac- Meeker Street Standards (all around) o S. 238th Street- Meeker Street Standards (both sides) o 30th Ave. S. (S.240th to Kent-Des Moines Rd) - Meeker Street Standards (both sides) o Pacific Highway South (SR99) from S. 234th Street to the S. 2381h Street— Kent Construction Standards (40 ft. luminaire poles-east side) and Meeker Street Standards for pedestrian scale lighting(east side only) S. 272"d Street Station Area: o 26th Ave. S./28th Ave. S.—Kent Construction Standards for downtown (both sides) o S. 272"d Street—Kent Construction Standards- Kent Construction Standards (40 ft. luminaire poles- north side). If a transit stop will be located on the north side of S. 272"d Street, pedestrian scale lighting shall be provided consistent with lighting on S. 26th Ave/. S. 28th Ave. 9.10 Traffic Signals. Traffic signal controller cabinets and service panels where mounted on the same pedestal shall have their exterior surfaces wrapped with a product capable of accepting custom artwork such as 3M Controltac'"" lJ180Cv3 with an anti-graffiti gloss overlaminate such as 3M 8588G or equal approved by the City of Kent. Surface preparation and application of the product shall be in accordance with manufacturer recommendations and can be applied before or after installation. 9.11 Street Signs. The contractor shall follow the revised sign details listed below.This revised sign detail can be found in Vol. 2,Appendix 5.1 of the Project Requirements. GA 0274-17 Page 18 6-82aM—Sign Post Installation Type A 6-83M—Street Name Sign Post Installation 6-84M—Ground-Mounted Street Name Signs 6-85M— Mast Arm Mounted Street Name Sign 9.12 Fiber Optics. Sound Transit shall install conduit for fiber optics in all constructed or reconstructed roadways using the following criteria: Conduits for fiber optic cables should be a minimum of 3" schedule 40 PVC and installed according to NEC requirements. Underground junction boxes should be no smaller than WSDOT Type 2 with non-skid surface and bolt down lid. Conduits need a continuous (non-cut) locatable mule tape installed with foot markings. Junction boxes should be installed along the back of sidewalk, away from curb, and have a minimum of eight inches of concrete surrounding the lid. Junction boxes shall not be installed in curb ramps. 9.13 Restrooms. Sound Transit shall include facilities and maintenance for two (2) single-occupancy unisex public restrooms for transit users at the KDM station and two (2) single-occupancy unisex public restrooms for the S. 272"d Street station pursuant to WA amended 2015 IBC 2902.2 and 2902.3, ICC A117.1-2009, and 15.15.120.E. Sound Transit will also implement security measures including, but not limited to monitoring outside the restrooms, locating restrooms using Crime Prevention Through Environmental Design ("CPTED") guidelines; secure entry monitored by Sound Transit Public Safety, requiring single adult occupancy with exceptions for adults and children requiring assistance,time-limited warnings, or other similar practicable measures. Fixtures and equipment shall be vandal and graffiti resistant, and of a type that can be easily cleaned and restored to Sound Transit Operations and Maintenance standards. At entries to restrooms, signage shall be posted describing the rules of use and the presence of security monitoring. Sound Transit Public Safety and City of Kent Police will enter into a Memorandum of Understanding prior to passenger revenue service providing details and mutual commitments of law enforcement procedures and response that occur on Sound Transit property, including the station's public restrooms. 9.14 Drinking Fountains. Sound Transit shall provide drinking fountains pursuant to 2015 IBC 2902.5.1. 9.15 Temporary Retaining Walls,Temporary Support of Excavation Wall Structures. Treated timber is not allowed, even on a temporary basis, on private or public property. 9.16 Tacoma Smelter Plume. Sound Transit shall implement the recommendations of the Department of Ecology pertaining to testing and remediation of soils contaminated by the Tacoma Smelter Plume. 9.17 Property Management. Once Sound Transit obtains ownership of a parcel with an inhabitable structure, Sound Transit's property Management (PM) Division will take all necessary measures to secure the property. The property will be actively managed by Sound Transit's Police Department, Sound Transit Security, and the PM Division through routine patrol, inspection and maintenance of the exterior of any buildings and grounds. If issues arise, such as unauthorized GA 0274-17 Page 19 residents or pest infestations, Sound Transit's PM Division will address them using a variety of methods, such as boarding windows, erecting additional fencing, or addressing infestations of pests. The Sound Transit PM Division has a policy of responding to complaints within 48 hours of their receipt. If the issues persist,the property will be recommended by the PM Division for early demolition through an accelerated contractor award process and a coordinated permit approval process. After the demolition of structures, Sound Transit's PM Division will take measures to restore the site and provide routine site maintenance thereafter. 9.18 Small cells. Any cellular facilities shall be completely contained within existing light poles or other facilities. 10.0 DESIGN REVIEW AND PERMITTING AND INSPECTION 10.1 Project Administration: a) The City shall assign a City staff contact for the Project ("City Project Liaison"). The City Project Liaison shall provide central coordination of all Design Submittal reviews and comments from all involved City departments and shall be an effective and empowered conduit between Sound Transit and other City staff. The City Project Liaison shall resolve any inconsistencies among review comments from the City departments and City utilities and shall provide Sound Transit with consistent and consolidated review, comments, and decisions. In addition to these tasks,the City Project Liaison shall participate in regularly scheduled project-level meetings. The City Project Liaison should also attempt to identify and disclose to Sound Transit as soon as practicable any other known projects or proposals (e.g., utility projects,transportation projects, private development projects)that have the potential to conflict or interfere with the expeditious design and construction of the Project. b) Sound Transit will assign a Sound Transit staff contact for the Project ("ST Project Liaison"). The ST Project Liaison shall provide central coordination for Project Design Submittals and Project coordination. In addition to these tasks,the ST Project Liaison shall participate in regularly scheduled project-level meetings. The ST Project Liaison shall be an effective and empowered conduit between Sound Transit and City staff. 10.2 Design-Build Contractor. Sound Transit shall obtain approval from the City for construction of the Project through submittal of the appropriate applications,fees and Design Submittals as described in this Agreement. The City acknowledges that Sound Transit will be procuring this Project using the design-build procurement method and further acknowledges that the Design- Build Contractor and subcontractors may, at Sound Transit's discretion, make any of the required submittals on Sound Transit's behalf. In that regard, references to "Sound Transit" herein shall be interpreted to mean "Sound Transit" or its Design-Build Contractor, at Sound Transit's discretion unless the context clearly requires otherwise. 10.3 Over-the-shoulder Review. Sound Transit,the City, and Sound Transit's Design-Build Contractor will participate in ongoing Over-the-Shoulder reviews throughout the design process. City participation will be determined and facilitated by the City's Project Liaison, described in 10.1, whose primary function it will be to identify and work to resolve issues to support the design GA 0274-17 Page 20 process and development of plans that move forward to the permitting process. In addition to the required application and permit fees, Sound Transit shall reimburse the City for the time spent in ongoing Over-the-Shoulder reviews, pursuant to the hourly fee schedule for employee salary, benefits, and applicable overhead, as well as travel expenses, as defined in the City Services Agreement and related Task Orders. 10.4 Proposed Changes to the Preliminary Engineering Submittal. ST will provide to the City for review and comment a package highlighting significant changes to the Project design proposed during the Design-Build Contractor procurement process and/or changes that were initiated by Sound Transit in preparing the RFP. The purpose of this submittal is to establish a baseline for the Project design that the Design-Build Contractor will continue to advance. The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually-agreed upon timeframe after receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 10.10); however,the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent to review of the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. 10.5 60% Design Submittal. ST will provide to the City for review and comment a 60% Design Submittal for each design package (as identified by the Design-Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments of the Preliminary Engineering Submittal.The City shall perform a review of the submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually-agreed upon timeframe after receipt of the submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project Permitting Plan is developed and approved (see Section 10.10); however,the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. Sound Transit will reimburse the City for time spent to review of the submittal, pursuant to the City Services Agreement and its subsidiary Task Orders. If deemed necessary by the Parties, and after the City's review of the 60%design plans, Sound Transit's Design-Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the options for resolving the issues. 10.6 90%/100% Design Submittal. ST will provide to the City for review and comment a 90% Design Submittal, which is intended to be the Permit Submittal, for each design package (as identified by the Design-Build Contractor as part of its Permitting Plan, and as agreed by the City) incorporating a narrative and clouding changes pursuant to the City's review comments on the 60% Design Submittal. The Design-Build Contractor has the option to obtain an appointment with the City's permit process team to discuss the Permit Submittal prior to review by the City. The City shall perform a review of the Permit Submittal and return its unified comments and corrections on the designs, plans, and specifications from all relevant City departments to Sound Transit within a mutually-agreed upon timeframe of receipt of the Permit Submittal. The timeframe for review will be determined and agreed upon by the Parties when the Project GA 0274-17 Page 21 Permitting Plan is developed and approved (see Section 10.10); however,the City and Sound Transit acknowledge the need for expeditious review of Design Submittals and are committed to this goal. The Costs of City staff time spent to review the 90%Submittal are not included in the City's standard permit fee and will be reimbursed by Sound Transit and covered by the City Services Agreement and its subsidiary Task Orders. The City's standard permit feel will be charged and payable upon Sound Transit's written notification to the City Project Liaison that the 100%submittal has been made and the acceptance of the 100%Submittal by the City Project Liasion. If deemed necessary by the Parties, and after the City's review of the Permit Submittal, Sound Transit's Design-Build Contractor will convene a comment resolution meeting to inform the City of how issues have been resolved and to discuss the adequacy of or other options for resolving the issues. Upon completion of the City's review of the Permit Submittal, and any subsequent comment resolution meeting that may be convened, ST will provide to the City a 100% Design Submittal incorporating a narrative and clouding changes pursuant to the City's Permit Submittal review comments. ST will not allow the Design-Build Contractor to proceed with Issued for Construction (IFC) drawings until all City comments are resolved to the City's and ST's satisfaction. This process may be revised in writing by the Designated Representatives outlined in the in section 24.3 to improve the efficiency of the permitting process. 10.7 Issued for Construction. The IFC set of drawings will serve as the basis for construction activities and field inspections. It will incorporate any required corrections based on review of the Permit Submittal including, but not limited to a complete set of construction plans, drawings, and specifications. 10.8 Role of City Liaison. The Parties contemplate that the ongoing, collaborative Over the Shoulder review (see Section 10.3) will serve to keep the City's Project Liaison apprised of the latest developments in the design. The City's Project Liaison will coordinate review by City staff. 10.9 Sound Transit Responsibility. While the Design-Build Contractor will perform final design work, Sound Transit retains responsibility for ensuring that the City receives prompt responses to requests for additional information or changes to documents, plans, specifications, and drawings. 10.10 Project Permitting Plan: The Parties recognize the mutual benefit of establishing an efficient and expedited process for seeking and obtaining permits to construct the Project in the City. As such, a Preliminary Project Permitting Plan has been developed by Sound Transit with input from the City. This Preliminary Project Permitting Plan will be used by Sound Transit's Design- Build Contractor as guidance to develop and submit a Permitting Plan as one of the earliest critical activities, as attached in Exhibit J. The Project Permitting Plan shall include the type, description and scope of the permit application, approximate number of pages in the submittal, number and timing of submittals,which submittals are subject to the City's Midway design review process, and which submittals require coordination between City reviewers and other agencies or jurisdictions. This plan shall be developed with input from the City Project Liaison. Upon its submittal, Sound Transit will provide a copy of the plan to the City for review and approval. Sound Transit and the City shall work cooperatively to develop a final Permitting Plan that is implementable by the Design-Build Contractor. GA 0274-17 Page 22 10.11 Permits and Licenses. Sound Transit, at its sole cost and expense, shall (i) secure and maintain in effect, all federal, state, and local permits and licenses required for the construction, operation, and maintenance of the Light Rail Transit System, including, without limitation, crossing, zoning, building, health, electrical, environmental, and communication permits and licenses, and (ii) indemnify the City against payment of the costs thereof and against any fines or penalties that may be levied for failure to procure, or to comply with, such permits or licenses, as well as any remedial costs incurred by the City in curing any such failures. 10.12 Non-Interference. The City shall not unreasonably interfere with Sound Transit's ability to secure, obtain, and maintain,at Sound Transit's sole cost and expense,any permits, licenses or approvals of other governmental agencies or authorities, or of any necessary Third Parties, for the use of any structures or facilities, including streets, roads, or utility poles 10.13 Inspection: a) Sound Transit-Owned Facilities. Sound Transit shall be responsible for inspection and acceptance of work for facilities constructed by Sound Transit's Design-Build Contractor for which Sound Transit shall have ownership, operating, and maintenance responsibilities. These components may include, but are not necessarily limited to: LRT track and guideway, including all appurtenances such as catenary poles and wires, fencing and other barriers,traction power substations, train signals and other on- guideway or on-track equipment necessary for operations. However, the Design-Build Contractor shall submit to the City all geotechnical and inspection documentation to the City prior to beginning or completing construction. b) The City shall have the ability to do all other on site review and inspection of work performed by the Design-Build Contractor. The Design-Build Contractor shall provide the City's inspector written approval from the appropriate special utility district for any utilities installed for that district. 10.14 Final Acceptance or Close-Out. Sound Transit shall submit the forms and documents for close- out of the improvements the City will own, as well as all storm drainage improvements public or private, pursuant to Section 1.15 of the City's Design and Construction Standards. 11.0 CONSTRUCTION 11.1 Design-Build Contractor Mitigation Plans: It is acknowledged by the Parties that Sound Transit shall require the Design-Build Contractor to develop mitigation and other plans that will be of interest to the City and its residents. The following plans shall be required of Sound Transit's Design-Build Contractor and shall be submitted to the City for review and comment prior to their acceptance by Sound Transit. The City shall have 15 business days in which to complete its review of the mitigation plans. • Transportation Management Plan—Specifying the Design-Build Contractor's overall strategy for managing issues related to transportation during construction. GA 0274-17 Page 23 • Maintenance of Traffic Plan—Specifying provisions for safely and adequately maintaining traffic during construction, including vehicular, pedestrian, bicycle and transit traffic. • Construction Noise and Vibration Mitigation Plan—Specifying means and methods implemented by the Design-Build Contractor to minimize noise and vibration during construction. • Construction Outreach and Communication Plan—Specifying Design-Build Contractor requirements for advance notification of construction activities and other actions that are of interest to the community. o A 24-hour construction hotline that provides telephone access for the public to get construction information and to make complaints and incident reports. o A multi-media public information program to provide information regarding street closures, hours of construction, business access, and parking impacts. o Information on how access to businesses is being maintained during construction. o Information on how access for pedestrians, bicyclists, and transit riders is being maintained. 11.2 Contractor Haul Routes: Sound Transit and the City have worked cooperatively to identify construction contractor haul routes that may be used to transport materials and equipment necessary to construct the Project while minimizing impacts to City businesses and residents. These haul routes are depicted in Exhibit K and by this Agreement the City allows use of them by Sound Transit's Design-Build Contractor, subject to the City's review and approval of a Maintenance of Traffic Plan and pursuant to subsection 11.5 below. In the event that the Design-Build Contractor proposes the use of alternate routes to Sound Transit, Sound Transit shall submit an application for permit for the City's review and approval prior to accepting the Design-Build Contractor's proposal. 11.3 Construction Detour Routes: Sound Transit and the City have worked cooperatively to identify traffic detour routes that may be used as necessary when roads are closed due to construction activities. These detour routes are depicted in Exhibit L and by this Agreement the City allows use of them by Sound Transit's Design-Build Contractor, subject to the City's review and approval of a Traffic Control Plan. In the event the Design-Build Contractor proposes the use of alternate detour routes to Sound Transit, Sound Transit shall submit an application for permit for the City's review and approval prior to accepting the Design-Build Contractor's proposal. 11.4 Contractor Work Hours: The Parties acknowledge that Sound Transit's Design-Build Contractor may propose work outside of the City's standard permissible days and/or hours for construction. In the event such a proposal is received by Sound Transit from their Design-Build Contractor,the ST Liaison will work closely with the City's Project Liaison to consider the request and to GA 0274-17 Page 24 facilitate the process of seeking written approval from the City for variance to the work days, work hours, and/or noise, as appropriate. 11.5 Restoration of Contractor Haul Routes: Sound Transit shall restore the existing roadway pavement and other surface infrastructure within the public right-of-way that is affected by construction activities. Specifically, Sound Transit shall require its Design-Build Contractor to restore city streets used as construction haul routes to construct the FWLE project. This commitment to restoration of haul routes shall consist of a 2-inch mill and overlay of asphalt to be laid down after the cessation of Design-Build Contractor hauling activities on the route and prior to substantial completion of Project construction. This 2-inch mill and overlay shall be provided from curb to curb along the route and shall be the extent of any agreed-to restoration, with the exception of the need to provide new or improve any existing non-compliant ADA curb ramps where sidewalks are present. 11.6 Progress Reports. At the City's request, Sound Transit agrees to provide the City with copies of progress reports, status reports, construction contract reports, inspection reports, RFI logs, submittal logs, and schedule updates as generated by the Design-Build Contractor and as required in the construction contract for the Project. 11.7 Ownership and Maintenance.The Parties have agreed conceptually to ownership and maintenance responsibilities for infrastructure and landscaping installed as part of the Project, as depicted in Exhibit M. The exhibit indicates both "primary" operator/maintainer(meaning where the party has both maintenance responsibilities and an underlying property right) as well as "secondary" operator/maintainer(meaning where the party has maintenance responsibilities but no underlying property interest). This conceptual plan may change during the Project's design-build process; however,the following commitments will remain unchanged. Sound Transit will own and maintain all infrastructure associated with the LRT System, including LRT Stations and all LRT Facilities.The City will own and maintain roadway infrastructure within the right-of-way constructed by Sound Transit's Design-Build Contractor and accepted by the City as completed. The City will be responsible for maintenance of all landscaping (or designation of said maintenance as park of private development projects) installed by Sound Transit's Design- Build Contractor in public rights-of-way beginning upon the close of the required plant establishment period (as further stipulated in Section 9.3.21). Sound Transit will be responsible for maintenance of all landscaping installed on property controlled by Sound Transit. 12.0 MINOR REVISIONS TO PROJECT APPROVALS After Sound Transit has approved of a proposed minor revision to the project, the City Project Liaison or designee, in consultation with the Director of Economic and Community Development and relevant city staff, is is authorized to approve minor revisions to the Project that are necessary and are consistent with the terms of this Agreement,the original scope and intent of the project, and KCC 15.08.450. GA 0274-17 Page 25 13.0 UTILITY RELOCATION 13.1 City Utilities. The Parties acknowledge that certain city-owned utilities, specifically storm system and appurtenances, located on City-controlled property may conflict with the project and will be relocated at Sound Transit's expense. That portion of the Design-Build Contractor's work consisting of the City's storm system and appurtenances shall not be given final acceptance until it is approved in writing by the City. The City shall not unreasonably withhold final acceptance. 13. 2 Floor Drains. Floor drains on all floors of the garage except the top floor shall drain to the sanitary sewer system and not the storm drainage system. 13.2 Other Utilities. Sound Transit may enter into separate agreements with non-City utility entities regarding the relocation of their facilities. Such relocations shall be submitted for review and approval by the City. 13.3 Utility Relocation. Sound Transit will pay for a Third Party utility entity's relocation costs as necessary to complete the Project. Sound Transit may enter into separate agreements with non-City utility entities regarding the relocation of their facilities. Utility relocation within City right of way or City-owned property will be approved by the City prior to relocation. Sound Transit shall develop the final design of the storm drainage facility in the vicinity of the Kent/Des Moines station area and its conveyance system consistent with requirements of the City of Kent 2017 Surface Water Design Manual and the storm drainage requirements of WSDOT. Sound Transit will coordinate the design of the FWLE stormwater management system with proposed WSDOT improvements. 13. 4 Other Utilities-New Construction. Sound Transit supports the City's desire to install utility connections in anticipation of potential future development in the KDM station area. The desire of the City is to reduce the potential for disturbance of sidewalks, pavements and other works installed by Sound Transit's Design-Build Contractor as part of the Project. Sound Transit is willing to direct its Design-Build Contractor to provide utility connections from the mainline utilities to the edge of the ROW under the following conditions: 1. The City provides to Sound Transit a detailed scope of work indicating required location and size of the requested connections sufficient for the purposes of cost estimating and/or securing contractor bids. 2. The City secures a letter of agreement with the relevant utility providers and provides a copy of the letter to Sound Transit. 3. Provision of requested utility connections, as outlined in the paragraph below, does not result in any upsizing or other changes to the existing mainline utilities. Listed below are the utilities where connections will be provided if the above information is provided in sufficient time for the Design-Build contractor to include in its work. • New 12" water main and sewer line on 301'Avenue S. GA 0274-17 Page 26 • New 12" water main and sewer line on 2341h Street, 236t'Street, and S. 2381h Street. • New 8" stub-out to each parcel for both water and sewer. • Dry utilities—east side of 30th Avenue S., S. 234th Street, S. 236th Street, and S. 238th Street 14.0 LIABILITY, INDEMNIFICATION 14.1 Indemnification. Sound Transit hereby agrees to indemnify, defend, and hold the City harmless from any and all claims, demands, suits, actions, damages, recoveries,judgments, costs, or expenses, including, without limitation, reasonable attorney fees paid by the City, arising or growing out of or in connection with or resulting from, either directly or indirectly,the permitting, inspection, construction, maintenance, operation, repair, removal, occupancy, and use of the Project by Sound Transit, unless such claims arise from the sole or partial negligence, actions or inaction of the City, its employees, servants, agents, contractors, subcontractors, or persons using the Project with permission of the City. 14.2 Notice of Claims.The City shall give Sound Transit prompt notice of any claims directly affecting Sound Transit about which it is aware. Sound Transit shall promptly assume responsibility for the claim or undertake the defense of any litigation on behalf of the City.The City shall cooperate fully with Sound Transit in the defense of any claim to the extent such cooperation is not contrary to the interests of the City.The City shall not settle any claim directly affecting Sound Transit without the prior written consent of Sound Transit, which consent shall not be unreasonably withheld. 14.3 Sound Transit Liability. Sound Transit expressly assumes potential liability for actions brought by Sound Transit's employees and agents against the City and, solely for the purpose of this indemnification, expressly waives any immunity under the Industrial Insurance Law,Title 51 RCW. Sound Transit acknowledges that this waiver was entered into pursuant to the provisions of RCW 4.24.115 and was the subject of mutual negotiation. 15.0 INSURANCE 15.1 Commercial and Self Insurance. Sound Transit shall, at its sole expense, obtain and maintain during the entire term of this Agreement an appropriate program of commercial insurance, self-insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities. When commercial insurance is utilized, Sound Transit shall name the City as an Additional Insured in accordance with insurer underwriting practices, preferably utilizing an ISO Additional Insured endorsement or similar document, and Sound Transit insurance policies shall be primary and non-contributory to any coverage maintained by the City. Sound Transit waives all rights of subrogation against the City for claims by third-parties arising under this Agreement, other than for damages, claims or liabilities arising from negligent acts or omissions of the City and its officers, employees and agents. The limits of Sound Transit's selected coverage program in no way diminish Sound Transit's obligations to the City as set forth in this Agreement. Sound Transit shall maintain this coverage program throughout the term of this Agreement, and for six (6)years after its termination,to protect the City against claims that may arise as a result of the GA 0274-17 Page 27 construction, operation, or maintenance of the Project. When commercial insurance is used, coverage shall include: (i) comprehensive general liability insurance; (ii) property damage liability insurance, including coverage for explosion, collapse, and instability; (iii)workers' compensation insurance,to the extent required by law; (iv) employer's liability insurance; and (v) comprehensive auto liability coverage, including owned, hired, and non-owned vehicles of not less than $1 Million. 15.2 Insurers. When commercial insurance is used, Sound Transit shall carry such commercial insurance with responsible insurers, or self-insure or participate in an insurance pool or pools, at levels of coverage or with reserves adequate, in the reasonable judgment of Sound Transit,to protect Sound Transit and the City against loss, and as are ordinarily carried by municipal or privately owned entities engaged in the operation of facilities comparable to the Project. 15.3 Certificates of Insurance. Sound Transit shall file with the City's Risk Manager a formal letter of self-insured status, or when commercial insurance is used, Certificates of Insurance reflecting evidence of the required insurance and naming the City as an additional insured where appropriate. The coverage maintained by Sound Transit under this Agreement shall not be canceled until at least thirty (30) days' prior written notice has been given to the City. 15.4 Remedies. If Sound Transit fails to maintain the appropriate program of commercial insurance, self-insurance or any combination thereof in amounts and types sufficient to satisfy its liabilities, the City may order Sound Transit to stop operating the Project until the appropriate insurance coverage program is obtained. 16.0 LIENS 16.1 Liens. The Project Facilities are not subject to a claim of lien. In the event that any City property becomes subject to any claims for mechanics', artisans' or materialman's liens, or other encumbrances chargeable to or through Sound Transit that Sound Transit does not contest in good faith, Sound Transit shall promptly, and in any event within thirty (30) days, cause such lien claim or encumbrance to be discharged or released of record, by payment, posting of bond, court deposit or other means, without cost to the City, and shall indemnify the City against all costs and expenses, including attorney fees, incurred in discharging and releasing such claim of lien or encumbrance. If any such claim or encumbrance is not so discharged and released,the City may pay or secure the release or discharge thereof at the expense of Sound Transit after first giving Sound Transit five (5) business days' advance notice of its intention to do so. The City shall use its reasonable best efforts to keep Sound Transit's facilities free of all liens that may adversely affect the Project. 16.2 Contest of Claims. Nothing herein shall preclude Sound Transit's or the City's contest of a claim for lien or other encumbrance chargeable to or through Sound Transit or the City, or of a contract or action upon which the same arose. GA 0274-17 Page 28 16.3 Claim of Ownership. Nothing in this Agreement shall be deemed to give, and the City hereby expressly waives, any claim of ownership in and to any part or the whole of the Project except as may be otherwise provided herein. 17.0 DISPUTE RESOLUTION 17.1 Dispute Resolution. Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the Dispute Resolution provisions in this Section. Any complaints from the City to Sound Transit regarding work performed by Sound Transit's Design-Build Contractor shall also be governed under the Dispute Resolution provisions in this Section. The Parties agree that cooperation and communication are essential to resolving issues efficiently. The Parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process, rather than in the media or through other external means. The Parties agree to use their best efforts to prevent and resolve potential sources of conflict at the staff review level. 17.2 Dispute Escalation. The Parties agree to use their best efforts to resolve disputes arising out of or related to this Agreement and/or work performed by Sound Transit's Design-Build Contractor using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise: (a) Level One -Sound Transit's Executive Project Director or equivalent and the City's Deputy Economic and Community Development Director shall meet in a comment resolution meeting to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two. (b) Level Two -Sound Transit's Executive Director of Design, Engineering, and Construction Management and the City's Economic and Community Development Director and Public Works Director or designees shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level Two, either party may refer the dispute to Level Three. (c) Level Three -Sound Transit's Chief Executive Officer or Designee and the City's Chief Administrative Officer or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner. 17.3 If Dispute Resolution Fails. Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three,the Parties are free to file suit or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute,the Parties shall continue to perform and make any required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. GA 0274-17 Page 29 18.0 DEFAULT No party shall be in default under this Agreement unless it has failed to perform under this Agreement for a period of thirty(30) calendar days after written notice of default from any other party. Each notice of default shall specify the nature of the alleged default and the manner in which the default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured within the thirty (30) day period, then commencement of the cure within such time period and the diligent pursuit to completion of the cure shall be deemed a cure. 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. Each party shall be responsible for its own attorney fees and costs. 19.0 REMEDIES; ENFORCEMENT 19.1 Remedies. Either party hereto has the right to exercise any and all remedies available to it as provided by law, consistent with the dispute resolution and notice of default sections of this Agreement, in the event the other party violates any provision of this Agreement. 19.2 Failure to Enforce Prompt Compliance. Neither party shall be relieved of any of its obligations to comply promptly with any provision of this Agreement by reason of any failure by the other party to enforce prompt compliance, nor shall such failure to enforce constitute a waiver of rights or acquiescence in the other party's conduct. 20.0 TERM;TERMINATION 20.1 Effective Date. This Agreement shall be effective as of the date the last party signs. Unless sooner terminated pursuant to the terms hereof,this Agreement shall remain in effect for so long as the Project is used for public transportation purposes. 20.2 Termination. Upon termination of this Agreement, Sound Transit agrees to prepare, execute and deliver to the City all documentation necessary to evidence termination of this Agreement or portion thereof so terminated. No such termination, however, shall relieve the Parties hereto of obligations accrued and unsatisfied at such termination. 20.3 Cessation of Project. Upon the cessation of use of the Project,to the extent any portion of it remaining in the Public Right-of-Way or on any other public property is not removed by Sound Transit, the City, as expressed by ordinance, may deem it abandoned and it shall become the property of the City. If the City does not desire such ownership, Sound Transit shall remove any remaining portion of the Project. 20.4 Removal Plan. Sound Transit shall file a written removal plan with the City not later than sixty (60) calendar days following the date of the receipt of any orders directing removal, or any consent to removal, describing the work that will be performed,the manner in which it will be performed, and a schedule for removal by location.The removal plan shall be subject to GA 0274-17 Page 30 approval and regulation by the City.The affected property shall be restored to as good or better condition than existed immediately prior to removal. 21.0 COVENANTS AND WARRANTIES 21.1 City Warranties. By execution of this Agreement,the City warrants: (a) That the City has the full right and authority to enter into and perform this Agreement and any permits that may be granted in accordance with the terms hereof, and that by entering into or performing this Agreement the City is not in violation of its charter or by-laws, or any law, regulation or agreement by which it is bound or to which it is bound or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by the City has been duly authorized by all requisite corporate action,that the signatories for the City hereto are authorized to sign this Agreement, and that, upon approval by the City,the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 21.2 Sound Transit Warranties. By execution of this Agreement, Sound Transit warrants: (a) That Sound Transit has full right and authority to enter into and perform this Agreement in accordance with the terms hereof, and by entering into or performing under this Agreement, Sound Transit is not in violation of any of its agency governance rules, or any law, regulation or agreement by which it is bound or to which it is subject; and (b) That the execution, delivery and performance of this Agreement by Sound Transit has been duly authorized by all requisite Board action,that the signatories for Sound Transit hereto are authorized to sign this Agreement, and that the joinder or consent of any other party, including a court or trustee or referee, is not necessary to make valid and effective the execution, delivery and performance of this Agreement. 22.0 RECORDINGS,TAXES AND OTHER CHARGES 22.1 Recording. This Agreement shall be recorded pursuant to the requirements of 36.70B.190. 22.2 Recording Costs. Sound Transit shall pay all transfer taxes, documentary stamps, recording costs or fees, or any similar expense in connection with the recording or filing of any documents or records for which recording or filing is required pursuant to this Agreement. Sound Transit further agrees that if it is determined by any federal, state, or local governmental authority that the sale, acquisition, license, grant,transfer, or disposition of any part or portion of the Project or rights herein described requires the payment of any tax, levy, excise, assessment, or charges, including, without limitation, property, sales or use tax, under any statute, regulation, or rule, Sound Transit shall pay the same, plus any penalty and/or interest thereon, directly to said taxing authority and shall hold the City harmless therefrom. Sound Transit shall pay all taxes, levies, excises, assessments, or charges, including any penalties and/or interest thereon, levied GA 0274-17 Page 31 or assessed on the Project, or on account of their existence or use, including increases attributable to such existence or use, and excluding taxes based on the income of the City, and shall indemnify the City against payment thereof. Sound Transit shall have the right to claim, and the City shall reasonably cooperate with Sound Transit in the prosecution of any such claim for refund, rebate, reduction or abatement of such tax(es). 22.3 If Sound Transit Fails to Pay Recording Costs. The City may pay any tax, levy, excise, assessment or charge, plus any penalty and/or interest thereon, imposed upon Sound Transit for which Sound Transit is obligated pursuant to this Section if Sound Transit does not pay such tax, levy, excise, assessment, or charge when due. Sound Transit shall reimburse the City for any such payment made pursuant to the previous sentence, plus interest at the prime rate per annum, as published in the Wall Street Journal. 23.0 ASSIGNABILITY; BENEFICIARY 23.1 Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors or assignees. No assignment hereof or sublease shall be valid for any purpose without the prior written consent of the other party, and any attempt by one party to assign or license the rights or obligations hereunder without prior written consent will give the other party the right, at its written election, immediately to terminate this Agreement or take any other lesser action with respect thereto. The above requirement for consent shall not apply to (i) any disposition of all or substantially all of the assets of a party, (ii) any governmental entity merger, consolidation, or reorganization, whether voluntary or involuntary, (iii) a sublease or assignment of this Agreement, in whole or in part,to a governmental entity, or(iv) a sale, lease, or other conveyance subject to those requirements set forth in this Agreement; provided, however,that no sublease or assignment under(ii) or (iii) shall be permitted to a governmental entity not operating, constructing or maintaining the Project on behalf of Sound Transit, and provided further that no unconsented assignment shall relieve Sound Transit of its obligations and liabilities under this Agreement. 23.2 Assignment. Either party hereto may assign any monetary receivables due them under this Agreement; provided, however, such assignment shall not relieve the assignor of any of its rights or obligations under this Agreement. 23.3 Designees. Sound Transit acknowledges and agrees that the City may designate, in writing, a designee to (i) receive information (including information designated or identified as confidential) and notices under this Agreement, and (ii) provide certain approvals or consents required from the City under this Agreement. In the event of such designation, Sound Transit may rely on approvals or consents by such designee on behalf of the City as fully as if such actions were performed by the designator itself. 23.4 Beneficiaries. Neither this Agreement nor any term or provision hereof, or any inclusion by reference, shall be construed as being for the benefit of any party not a signatory hereto. GA 0274-17 Page 32 24.0 DESIGNATED REPRESENTATIVES 24.1 Designated Representatives.To promote effective intergovernmental cooperation and efficiencies, the Parties each designate a representative ("Designated Representative")who shall be responsible for coordination of communications between the Parties and shall act as the point of contact for each party. The Designated Representatives shall be responsible for the performance of the objectives of this Agreement. 24.2 Role of Designated Representative. Each Designated Representative is also responsible for coordinating the input and work of its agency, consultants, and staff as it relates to the objectives of this Agreement.The Parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party's Designated Representative is named below with the individual's contact information. 24.3 Designated Representative Contact. Designated Representatives and Contact Information during Construction/Operations: SOUND TRANSIT CITY OF KENT Dan Abernathy Kurt Hanson Executive Project Director Economic and Community 401 S Jackson St Development Director Seattle, WA 98104 400 W. Gowe Street [206-903-7170 Kent, WA 98032 dan.abernath@soundtransit.org 253-856-5706 khanson@kentwa.gov 25.0 NOTICE 25.1 Notice. Unless otherwise provided herein, all notices and communications concerning this Agreement shall be in writing and addressed to the Designated Representative. Any party at any time by written notice to the other party may designate a different address or person to which such notice or communication shall be given. 25.2 Notice Process. Unless otherwise provided herein, all notices shall be in writing and shall be either: (i) delivered in person, (ii) deposited postage prepaid in the certified mails of the United States, return receipt requested, (iii) delivered by a nationally recognized overnight or same-day courier service that obtains receipts, or (iv) delivered electronically to the other party's Designated Representative as listed herein. However, notice under Section 20,Termination, must be delivered in person or by certified mail, return receipt requested. 26.0 GENERAL PROVISIONS 26.1 Unreasonable Withholding. The Parties shall not unreasonably withhold requests for information, approvals or consents provided for in this Agreement. The Parties agree to take GA 0274-17 Page 33 further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement. 26.2 Interpretation. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington. 26.3 Time is of the Essence.Time is of the essence in every provision of this Agreement. Unless otherwise set forth in this Agreement,the reference to "days" shall mean business days according to the City's calendar. 26.5 Rights of Action. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 26.6 Ambiguity. 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. The Parties intend this Agreement to be interpreted to the full extent authorized by applicable law including the requirements of RCW 36.70A.200. 26.7 Cost Responsibility. Each Party shall be responsible for its own costs, including legal fees, incurred in negotiating or finalizing this Agreement, unless otherwise agreed in writing by the Parties. 26.8 Events Beyond Parties' Control. The Parties shall not be deemed in default with provisions of this Agreement where performance was rendered impossible by war or riots, civil disturbances, floods or other natural catastrophes beyond its control; the unforeseeable unavailability of labor or materials; or labor stoppages or slowdowns, or power outages exceeding back-up power supplies. This Agreement shall not be revoked or a party penalized for such noncompliance, provided that such party takes immediate and diligent steps to bring itself back into compliance and to comply as soon as practicable under the circumstances without unduly endangering the health, safety, and integrity of both parties' employees or property, or the health, safety, and integrity of the public, Public Right-of-Way, public property, or private property. 26.9 Agreements Amendments,This Agreement may be amended only by a written instrument executed by each of the Parties hereto. No failure to exercise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. Any proposed amendment to this Agreement shall be submitted by application to the City. Pursuant to KCC 15.08.450(I),the City is required to process and decide upon an application for an amendment to this Agreement as if it were an application for a new development agreement, unless it is deemed a minor modification by the City pursuant to KCC 15.08.450(J). GA 0274-17 Page 34 26.10 Agreement Entirety.This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, oral and written, understandings and agreements with respect hereto. 26.11 Section Headings. Section headings are intended as information only, and shall not be construed with the substance of the section they caption. 26.12 Counterparts.This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts together shall constitute but one and the same instrument. 26.13 Rights of Federal Agencies. Sound Transit's design and construction of the Project is subject to a financial assistance contract between Sound Transit and the United States Department of Transportation, and the FTA. Both parties recognize that the FTA may request a change to this Agreement to comply with its funding requirements. 27.0 SEVERABILITY In case any term of this Agreement shall be held invalid, illegal or unenforceable in whole or in part, neither the validity of the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any way be affected thereby. GA 0274-17 Page 35 IN WITNESS WHEREOF, each of the parties has executed this Agreement by its authorized representative. CENTRAL PUGET SOUND REG NAL TRANSIT THE CITY OF KENT AUTHO ITY SOU TRA IT) By: By; I �, P ter . R off, Chief xecutive Officer Dana Ralph, Mayor Date: 3 1 Date: Authorized by Motion No. M2018-148 Authorized by Resolution No. 1977 APPROVIE AS TO FORM APPRO ORIGP. By: y`�" HZ4 Amy Pear a I, enior Legal Counsel Arthur"Pat" Fitzp rick, Cit tforn --'` ATTEST: 4 Y :.Kimberley . omoto, City Clerk DatI�I DI t GA 0274-17 Page 36 EXHIBIT LIST Exhibit A: Project Description and General Alignment Exhibit B: Mitigation Plan from FWLE Record of Decision Exhibit C:Station Design Themes (KDM and S 272"d Street) Exhibit D: Midway Design Review Assessment Exhibit E: Column Type Exhibit F: Code Vesting Exhibit G: LOC Right-of-Way Cross-Sections Exhibit H: Stormwater Management Conceptual Plan Exhibit I: Parking Mitigation ExhibitJ: Preliminary Permitting Plan Exhibit K:Approved Proposed Contractor Haul Routes Exhibit L:Approved Construction Detour Routes Exhibit M: Operations and Maintenance Responsibilities GA 0274-17 Page 37 This Page Intentionally Left Blank EXHIBIT A: PROJECT DESCRIPTION AND GENERAL ALIGNMENT City of Kent Development Agreement This Page Intentionally Left Blank EXHIBIT A: PROJECT DESCRIPTION AND GENERAL ALIGNMENT General Description of Federal Way Link Extension Alignment and Station Location in Kent Route: Approximately 2.5 miles from the northern City limits at Kent Des Moines Road in an elevated structure through 30th Ave S and the proposed Kent Des Moines Transit Center, and then in combination of retained fill, at-grade, and elevated structure to the existing Star Lake Park and Ride / proposed S 272nd Street Station and elevated structure to the southern City limits on the south side of S 272nd Street. Stations: Elevated south of Kent-Des Moines Road and west of 301" Ave S. Elevated west of the existing Interstate 5 off-ramp and north of S 272nd Street at the existing Star Lake Park and Ride. LIGHT RAIL ALIGNMENT AND STATION LOCATIONS (REVIEWERS: Please reference following pages.) 3/9/20181 FWLE Ph3 2497451 TransitWa rrxd Legend Alignment t.== At-Grade Elevated 4 OTrench M<a City Boundary WSDOT ROW fl SEATAC SeaTac ....'....... . ...... Kent..t ` I k- y c DES ° MOINES /0' v ( II i �r •lS I h 5 r{£Jn Hqt r YY Des Motnes++ „ Kent .,.... z "� � FEDERAL I 0 44, WAY f z � I � z z f 5 J,, t`J Service Layer Credits:Sources:Esri;HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO, NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esri China(Hong Kong), EXHIBIT A-1 swisstopo,Mapmyindia,©OpenStreetMap contributors.and the GIS User Community Light Rail Alignment and Station Locations N N City of Kent 0 75 150 300 450 Feet Federal Way Link Extension YW2018 I FME Phi 249745 1 L2jWa.mxd � Legend Alignment NOM At-Grade Ililllllllllll Elevated Trench ®Station Platform •y City Boundary C� rTT=WSDOT ROW .81 \t, f 4 r Kent/Des Moines Station I SEATAC .� p I DES MOINES t ZI I t N v � I d1Y ! i j i I r FEDERAL I o _ WAY z Y U Z Z Y Service Layer Credits:Sources:Esri,HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO, ��ff NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esd Japan,MET[,Esd China(Hong Kong), EXHIBIT A-L swisstopo,Mapmylndia,G OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Kent 0 75 150 300 450 Feet Federal Way Link Extension 31912018 1 FWLE Ph3 249745 1 TransitWa.mxd Legend I Alignment At-Grade j ��� Illiliilllllll Elevated Trench - - -City Boundary r,WSDOT ROW i� C ~ d SEATAC Y � 3 - I DES PS 1 j I j I I rr I r z Z FEDERAL o WAY z Y H.� J Z Z ZD i l Service Layer Credits:Sources:Esn,HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO,NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esd China(Hong Kong), EXHIBIT A-3 swisstopo,Mapmylndia,OOpenStreetMap contributors,and the GIS User Community N Light Rail Alignment and Station Locations ACity of Kent 0 75 150 300 450 Feet Federal Way Link Extension Y�2018 1 FME Ph3 249745 1 Trans#Wa.mxd Legend Alignment 101011111111111 At-Grade II!!Illllflill Elevated Trench _. -City Boundary rT777-r WSDOT ROW s. t SEATAC DES MOINES r _ i E . _-4 , j j r r r r r i r z 1 � r r FEDERAL i WAY c� r z r Y r r z r z r z i i z Service Layer Credits:Sources:Esri..HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO, A NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esri China(Hong Kong), EXHIBIT A-4 swisstopo,Mapmylndia,OOpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N N City of Kent 0 75 150 300 450 Feet Federal Way Link Extension 018 1 FWLE Phi 2497451 TransitWa.mxd h_ ' Legend Alignment „`tee rME=At-Grade IIlll�ll��l��l Elevated Trench .. . City Boundary 7-rrrrr WSDOT ROW 6 SEATAC DES Y MOINES r_ 1 I I 1 r r r r r >- r z r FEDERAL 0 r WAY z r r Y r � ' z r z r ::D r r r r r ; r t 1 r� 1 r Service Layer Credits:Sources:Esri.HERE.DeLorme,Intennap..increment P Corp.,GEBCO,USGS,FAO. NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esri China(Hong Kong), EXHIBIT A-5 swisstopo,Mapmylndia,©OpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Kent o 75 150 300 450 Feet Federal Way Link Extension 3/9/2018 1 FKLE Phi 249745 1 TransdKa mxd Legend _33, Alignment At-Grade IIIIIIIIIIIIII Elevated Trench Station Platform City Boundary WSDOT ROW SEATAC L DES MOINES =4 I 1 j S 272nd Station 1 j I i Kent _ Federal Way ..,.�..,..�.. _.—. .. .—...._,_,_,_, O 0 0 U r yy e FEDERAL o p j� WAY � z J z D r Service Layer Credits:Sources:Esri,HERE,DeLorme,Intermap,increment P Corp.,GEBCO,USGS,FAO, CC NPS,NRCAN,GeoBase,IGN,Kadaster NL,Ordnance Survey,Esri Japan,METI,Esd China(Hong Kong), EXHIBIT A-V swisstopo..Mapmylndia,OOpenStreetMap contributors,and the GIS User Community Light Rail Alignment and Station Locations N ACity of Kent 0 75 150 300 450 Feet Federal Way Link Extension This Page Intentionally Left Blank EXHIBIT B: MITIGATION PLAN FROM FWLE ROD City of Kent Development Agreement This Page Intentionally Left Blank @ @ T N LU L C N o N O U O- N ) .L... 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O N E U) m T O J c6C N U w _ N m m a) O N c -C a) a) 7 m a) = i H W W i C7(n 2� g a_(n U) f2 § § f cu C�\\� e = { k �}/\\ - \ /�/ � o Q -tee ® k J / 3 c $ - c ± { 22 u \\/\ \ CD LU '2) M cn = R q \ \7{_ e ± o \ c /$ )gig / \ ��\} �% U- 2 $]{ {[ [ ! > 0 m 2 !% 27\ E f � (/\ E k §/}\2 22In ° , 0> - cl(\f (/f m COL a) % \\ k\ /\ § ! -2{ ) [ \ 7 / \ ( =mee Cr—== 0 _ c \ /-21 cu _ /\ f \ k�{\) E £\ k $ )/7 \ & k \ \ \ \ ) \ « 3 a 3 \ CL ° \ cn � ) - o , � j ] a ƒ co CL 2 e / LD ca QU� M / m C ~ q2 va) 2& \ o ° o = : 5 § ' )\) )\ / EXHIBIT C: STATION DESIGN THEMES (KDM AND S 272ND STREET) City of Kent Development Agreement This Page Intentionally Left Blank Kent/Des Moines Link Station Area Approved Station Theme Architectural theme Northwest Modern Urban Village: Dense urban design with pedestrian-oriented features that expand from the station area into the surrounding development, streets and plazas. These features should include aesthetic wall materials, architectural details, paving patterns, landscaping, architectural lighting, street furnishings and artwork, with the purpose of fostering social interaction, respite and delight to the senses. Art theme Confluence: A weaving together of people, places and ideas. AW _ 4 N A 60 B T117 1-I"P D , z r ,LLB E _ . .: � F 1of7 S 272nd St. Station Area Approved Station Theme Architectural theme Northwest Modern Suburban: Design that is scaled to complement this neighborhood in a forested area, with pedestrian-oriented details that are focused at the station areas. Landscaping shall surround the station area to complement the existing vegetation, and architectural features should be scaled to be visible from the roadway. In and around the station plaza, pedestrian-oriented features should include architectural wall materials, paving patterns, lighting and artwork with the purpose of providing visual interest, a feeling of safety, and delight to the senses. Art theme Luminescence: A warm welcoming glow at the edge of the forest. 41 " �ihi«�IL�IIII� G 'd ?• '� w"'. a ... �„ M H K .. L 2of7 Application of Theme Approved Station Theme Building features that are typical in NW Modernism 1 . Exposed post and beam framing as the design feature. 2. Overhangs 3. Glowing warmth created through lighting and materials. 4. Complementary mixing of natural materials with industrial materials. 5. Large openings with glass infill. 6. Simple rectilinear spaces that stack and layer to create depth. 7. Sustainability integrated into the building. M N t O P 3of7 Application of Theme Approved Station Theme Theme can be applied to: 1 . Architectural design - structure and expression 2. Entry materials 3. Art 4. Color 5. Textu re 6. Walkways & Plazas 7. Landscape 8. Lighting, electric and natural 9. More.... � R . 41 f.t& +a s har uo Y { �r• 6 5 syY 4of7 Photo credits Page 1. Kent/Des Moines Station Area A. Confluence Park, photo by EJ B. https://www.yelp.com/biz photos/confluence-park-denver?select=- uBg95UcmTYM4L9bsV9Uaw B. Highlight college students, photo by www.highline.edu https•//www highline edu/highline-college-earns-national-award-for-excellence-in-diversity/ C. Baltimore Improv Group, photographer unknown. http://www.bigimprov.org/the-movement.html D.Giardini Colourfall by Ian Davenport, photo by Inexhibit, 2017. https://www.swatch.com/en ae/swatch-club/swatch-club-events/2017/the-biennale-arte- swatch-faces-2017 E. Woven fabric. Photo by Silvia Stoedter. https://pixabay com/en/fabric-woven-blue-gold-pattern-1143826/ F. Mosaic by Laurel True, photo by Institute of Mosaic Art. https://it.pinterest.com/pin/­­`524880531544204382/ Page 2. S 272"d St. Station Area G.Shifen old streets,Taiwan, release of sky lanterns. Photo by Cavin Teo. http•//cavinteo blogspot.com/2014/06/shifen-old-street-sky-lanterns-taipei-taiwan.html H. Lantern parade in the Atlanta BeltLine. Photo by John Becker. https•//vahi org/celebrate-the-opening-of-art-on-the-beltiine-at-the-annual-lantern-parade/ I. Moonlight cabin, by Jackson Clements Burrows, photo by Jeremy Weihrauch. https://www designboom com/architecture/iackson-clements-burrows-architects-moonlight- cabin-victoria-australia-09-07-2015/ 5of7 J. Pinholes of light, Photo by Designboom. https://www.designboom.com/architecture/transsolar-lightscapes-venice-biennale-arsenale- an ja-thierfelder-06-20-2016/ K. Forest light, photo by Marius Sabo. https://www.pinterest.co.uk/pin/448389706634518650/ L.Train in the forest. Photo by kkday travel. https://www.kkday.com/ja/product/5310 Page 3. Northwest Modern Design M. Fort Vancouver Library, Miller Hull, photo by Benjamin Benschneider. https://www.archdaily.com/154732/vancouver-community-library-the-miller-hull- partnership/5015104328ba0d5828001423-vancouver-community-library-the-miller-hull- partnership-photo N. 1111 E Pike apartment, Olson Kundig, photo by Francis Zera,Tim Bies. https://www.archdaily.com/68031/1111-e-pike-olson-kundig-architects O.Technology Access Foundation, Miller Hull, photo by Benjamin Benschneider. https://www.foushee.com/projects/detail/223 P. REI Seattle, Mithun, photo by sonofabike on Flickr. https://www.pinterest.co.uk/pin/­­527343437591486547/ Page 4.Application of Theme Q. South Bellevue Station,garage and station. Architecture and rendering by Perkins+Will, HJH design partners. R. Montlake Terrace Station, platform. Architecture and rendering by LMN, HNTB/Jacobs design partners. S. Plaza paving, Portland State University, photo by InSitu Architecture. https://www.insituarchitecture.net/psu-streetscape/ T.Vines on garage screening, Westin Parking garage, photo by Poma Construction Corp. http://www.pomaonline.com/sunshades-and-screens.html 6of7 U. Kamppi Chapel of Silence in Helsinki, by K2S Architecture, photo by tuomas uusheimo. https://www.designboom.com/architecture/k2s-architects-kamppi-chapel-of-silence/ V.Santa Monica Civic Center parking structure, by Moore Ruble Yudell, photo by John Edward Linden. http://architypereview.com/protect/santa-monica-civic-center-parking-structure/ 7of7 This Page Intentionally Left Blank EXHIBIT D: MIDWAY DESIGN REVIEW ASSESSMENT City of Kent Development Agreement DRAFT- Exhibit D Updated 08/31/2018 This Page Intentionally Left Blank Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Purpose: The goals of the Sound Transit Midway Design Guidelines clarifications Part 1 through 3 documents are to document applicability and provide clarification about how Federal Way Link Extension (FWLE),as a large Design Build (D-B) infrastructure project, intends to meet the City of Kent's Midway Design Guidelines review process. There are three documents in this set that support the three building permits in the Kent Des Moines station area that need to pass through the Midway Design Review: Part 1 of 3-Light Rail Station, Part 2 of 3-Parking Garage and Part 3 of 3 - Traction Power Substation(TPSS). These are the stages for which ST intends this set of documents to be used. • In advance of the D-B procurement and final design phases,these documents describe to the City which design options can and cannot be achieved, and provide a record of this effort to be included in the Development Agreement. • During the D-B procurement phase,these documents will be used to communicate design direction to each of the D-B teams, so that their design effort is efficiently focused on achieving the design options that ST and the City have discussed. • After the D-B procurement, it will be the awarded D-B team's responsibility to generate the Midway Design Review application and plan sets, and perform the review process with the City.These clarification documents shall be used as a check list of which design options the D-B team should demonstrate compliance. Per the application requirements,the D-B team shall provide written responses for all guidelines explaining how compliance is or is not achieved. The following lists describes the Midway Design Guidelines and their ability to be achieved in the context of the current Federal Way Link Extension PR documents, Pre-Engineering design documents, and ST Design Criteria Manual based on the date of this document. Guideline text is taken verbatim from the City of Kent Midway Design Guidelines document, Adopted Dec 13, 2011. Sound Transit's responses shall be described as follows: Achievable—The project will be able to meet this guideline. This is not a statement of City approval, but reflects ST's agreement that the guideline is achievable. Achievable with clarification—ST agrees that this guideline is achievable, but provides explanation on how this could be achieved. NA— Not Applicable.The requirement does not apply to the project. Unable to Achieve—ST understands the intent of the requirement, but is unable to fully achieve it as written. This may be due to conflicts with the guideway and station alignment,ST's Design Criteria Manual (DCM), CPTED issues, or other concerns. Rationale for this response is included and in some cases a suggested alternative is proposed. 1 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Kent Midway Design Guidelines— LIGHT RAIL STATION 1. Site Characteristics 1.1 Reinforce established community gateways through the use of architectural elements, streetscape features, artwork, landscaping, signage, or references to the history of the location. Response: Achievable. 1.2 Provide outlooks and overlooks for the public to view public open space or territorial view of mountains or water bodies. Response: Achievable. 1.3 Minimize shadow impacts to public parks and multimodal trails. Response: NA. Station is not located near existing or proposed public parks and multimodal trails, and its building form is shaped to meet its function as a train station. 1.4 Configure the development to lower its impact on the environment through: a. Solar orientation b. Storm water run-off c. Sustainable landscaping d. Versatile building design for adaptive reuse during the building's life cycle. Response: Unable to Achieve,with alternative, part a. The Station is fixed in the north-south orientation of the guideway as it runs parallel to 1-5.The orientation is to accommodate for maximum speeds and efficiency in the route, and because it is mostly an open air facility, it would not lower its impact on the environment or produce energy savings if it were re-oriented in an east- west layout. As an alternative,ST will be applying for an 'Envision' rating on the FWLE project to be reviewed by a third-party organization;the Institute for Sustainable Infrastructure.This is an environmental rating system similar to LEED, but is tailored for infrastructure projects rather than buildings. ST's commitment to environmental quality will be significant, as we will be pursuing a Gold rating for this project, but at minimum will achieve Silver. Some of the performance criteria that ST will be pursuing for the KDM station that will contribute to our Envision rating include: Photovoltaic panels,energy saving lighting and escalators, recycled content in our materials, local hiring for the construction and long term maintenance of the facility, accommodations for bike users, improving bus connections, and community outreach. Achievable, part b. Achievable, part c. NA,part d.Station operates with the sole purpose as part of an operating interconnected light rail system; it will not be repurposed for later use over its life cycle. 2 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 2. Heart Locations 2.1 Provide design treatments to respond to identified Heart Locations as listed below: a. Light Rail Station b. Parks and Plazas c. Commercial intersection nodes Response: Achievable, part a. Achievable, part b. NA,part c. A commercial node will not exist at the time of the station opening. 2.2 Provide primary entry treatments and fagade amenities to respond to centers of commercial and social activity at Heart Locations. Primary entries shall provide a minimum of(4)amenities listed below. a. Weather protection b. Lighting c. Public art d. Special paving e. Landscaping f. Additional public or semi-public open space Response: Achievable. 3.Topography 3.1 Step buildings up slopes to accommodate significant changes in elevation. Response: NA. Station site is not sloped. 3.2 Utilize topographic considerations to reduce the visibility of parking garages. Response: NA. Parking Garage is addressed in a separate Midway Design Review document. 4. Street Compatibility 4.1 Establish entries that are clearly identifiable and visible from the street, and create a sense of human scale as exemplified in the "Golden Ratio". Response: Achievable. 4.2 Where appropriate, consider a reduction in the amount of commercial and retail space at the ground level to create transition zones between commercial and residential areas.Transition zones may include: a. Locating office uses adjacent to residential b. Locating parking niches as a buffer to residential uses c. Locating plazas or alcove entryways between uses d. Orienting retail entries away from residential uses 3 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Response: NA,part a through d.The Station design does not include commercial or residential uses. 4.3 Provide a minimum sidewalk area of 12 feet with eight (8) feet for sidewalk and four(4)feet for street trees, landscaping and other pedestrian uses. Response: Achievable. 4.4 Design for a network of safe and well-lit pedestrian connections between buildings to encourage human activity and link existing activity areas at a minimum of every 400'. Response: Achievable. The station area shall comprise of a series of connected plazas that allow pedestrians to freely move throughout the station area, and connect to adjoining properties via sidewalks. The generous walkways created on 236th St will create a safe and well-lit path from the station area to Highline College. 4.5 Discourage closed campuses by keeping pedestrian connections open. Response: Achievable. S. Human Activity 5.1 Consider accommodating outdoor dining opportunities, by setting portions of the building back and providing plazas,generous walkways,or open windows to bring the activity to the public sidewalk edge. Response: Achievable.The station plaza could include a concession cart when the future demand is able to support a tenant. Space to accommodate a concession cart could be provided around the station entry plazas, and in the South Plaza.The DCM stipulates that a metered electrical outlet and hose bib can be provided at an area to support concessions. 5.2 Create activity clusters through appropriate co-location of uses. Response: NA.The Station does not contain multiple uses to cluster. 5.3 Encourage commercial activities to spill out at a maximum of two (2) feet onto the public sidewalk, maintaining adequate clearances for pedestrian movement. Response: Achievable with clarification. Commercial activity could occur through the presence of concession stands in the station area, see response to 5.1. However,these would be best accommodated under the cover of the guideway, and because of the generous open space in the plaza, would not need the sidewalk to spill out onto. The goal would be to maintain an 8 foot corridor of pedestrian flow around the station entry. 5.4 Provide street level transparency to encourage interaction between people and the activities within the interior of a building.The following examples of undesirable design treatments are prohibited: a. Windowless walls b. Mirrored or non-transparent glass c. Backs of display cases in windows. d. Window frame bottoms located above waist level as measured from a non-sloping street. 4 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION e. Interior walls, equipment, or functional layout that hampers the intent of transparency as stated above. Response: Unable to Achieve,a through e.The Station entry will be transparent and will meet the guideline. At the station ancillary buildings,visibility into ancillary spaces are limited due to their functions, and in many cases these back-of-house spaces are not visible for security and safety reasons.A few windows exist for office spaces,otherwise these walls are predominately solid. The number of such spaces will be as limited as practicable. ST proposes that architectural or artistic treatments can be applied to the ancillary building walls to add pedestrian interest to the station area. Reference responses to 16.3 Blank Walls treatments. 6. Pedestrian 6.1 Provide a pedestrian-friendly streetscape with connectivity, interest and amenities that emphasize details and quality materials, such as: a. Short blocks b. Safe and well-lit crosswalks c. Wide walkways for easy passage d.Tree grates e. Seating f. Lighting Response: Achievable. 6.2 Provide a generous amount of weather protection along sidewalks or other walkways adjacent to buildings to enhance the pedestrian environment. Response: Achievable. 6.3 Buildings over 200 feet in length and contiguous with public parks or open space shall provide wide, safe and interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. Response: Achievable. 6.4 Maintain a continuous and safe public streetscape for the pedestrian considering the following design techniques: a. Provide generous sidewalks (minimum 12'wide)for pedestrians to easily pass potential commercial activities spilling outside the business environment. b. Limit gaps in the streetscape by restricting parking access to the minimum width required by code. c. Set buildings as close as possible to the sidewalk,with ground floor display windows that provide views to the interior. d. Provide pedestrian interest every 25 feet using display window, entrances, pedestrian- oriented signs, or exterior light fixtures that also complement the building architecture, plantings, or artwork. 5 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION e. Define an amenity zone for understory plantings, street trees, benches,trash and recycling receptacles, bike racks, and the like (note: bundle newspaper dispensers, delivery service drop boxes to minimize clutter, having no more than (4) dispensers per block.) f. At the corners where buildings are set back: provide a generous pedestrian space, ensuring the area contains sufficient edges, amenities and activities to support a place for people to gather(i.e., seating, planting, lighting,trash receptacles.) Response: Achievable, part a and b. Unable to Achieve,part c.Ancillary spaces are centered under the guideway to protect back-of- house functions (conveyance machine rooms,security offices,fire command center, etc.) and convey utilities directly upwards to the platform above, and shall not be moved closer to the sidewalk. Moving these ancillary spaces closer to the sidewalk also impacts sight lines, creating areas of refuge or safety concerns.Visibility into ancillary spaces are limited due to their functions, and in many cases these back-of-house spaces should not be visible for security and safety reasons. Doors shall be opaque metal and only a few windows exist for office spaces, otherwise these walls are predominately solid. The number of such spaces will be as limited as practicable. ST proposes that architectural or artistic treatments can be applied to the ancillary building walls to add interest to the station area. Reference responses to 16.3 Blank Walls treatments. Achievable with clarification, part d. ST proposes to apply aesthetic treatments to the ancillary building walls with details using masonry or metal siding that creates texture or patterns, reveals or reliefs, and utilizes architectural lighting that meets the ST lighting standards. Achieve, part a and f. 6.5 Provide wayfinding signs for pedestrians to navigate the neighborhood. Response: Achievable with clarification. ST will provide customer signage at the station area for pedestrian wayfinding within the station area and for vehicles approaching the station area, see the ST Customer Signage examples provided to City of Kent for the HCT code departures. WSDOT signage along 1-5 and Hwy 99 to direct vehicles to the station will be created. Neighborhood orientation signage that describes areas outside the station area is not a part of the standardized ST customer signage. Creating this type of non-standard signage is possible, however it may not be maintained by ST. 6.6 Provide a safe, attractive, pedestrian-friendly environment within shopping centers to facilitate movement internally and to adjacent uses, such as: a. Landscaped pedestrian walkways. b. Seating c. Lighting Response: NA,all of 6.6.The station is not a shopping center. 6 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 7.Transition Between Residence,Street&Adjacent Sites 7.1 to 7.4 Overview: For residential projects,the space between the building and the sidewalk should provide security and privacy and encourage social interaction among neighbors. Buildings should respect adjacent properties, particularly less intensive uses. Response: NA,all of 7.The Station is not residential project. 8. Parking and Vehicle Access 8.1 Surface parking shall be located at the rear or side of building site. Response: Achievable. 8.2 Surface parking lots shall not exceed (30) stalls per building complex within the Midway Transit Oriented Community 2 District. Response: Achievable. 8.3 Minimize number and width of driveway and curb cuts. Response: Achievable. 8.4 Share driveways with adjacent property owners. Response: Unable to Achieve. Shared driveways are not designed at the station area because of the high volume of users. Also, ST is providing a parking garage for patrons and does not support off-site patron parking or maneuvering that impacts private properties. 8.5 When building sites are sloped, locate parking in lower level or less visible portions of site while maintaining views to the parking for nearby buildings. Response: NA.The Station site is not sloped. 8.6 Provide car-sharing opportunities to lower parking requirements. Response: NA. Car-sharing is provided at the Parking Garage, and not the station. See the Parking Garage Midway Design Review document. 9. Screening of Dumpsters, Utilities and Service Areas 9.1 Locate utility meters, dumpsters, mechanical units and service areas way from the street front. Response: Achievable. 9.2 Screen dumpsters, mechanical units and services behind a screen wall or fence so that it is not visible from the building entrance. Response: Achievable. 9.3 Use durable materials that complement the building for screening. Response: Achievable. 9.4 Incorporate landscaping to create a more effective screen. 7 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Response: Unable to Achieve,with alternative. The Station dumpster area is addressed in the HCT code DA departures. Utilities and Service areas are housed within the station ancillary spaces, and are screened by being enclosed in the walls. Landscaping at this location is not planned around the ancillary buildings to preserve open walkways to the station entry. ST proposes that architectural or artistic treatments can be applied to the ancillary building walls to add interest to the station area. Reference responses to 16.3 Blank Walls treatments. 9.5 Locate the opening to the service area away from the sidewalk. Response: Achievable. 9.6 Prohibit the location of the service elements like mechanical equipment, signal controls, and utility meters at or above grade in the pedestrian right of way. Response: Achievable. 9.7 Utilize principles of Crime Prevention through Environmental Design when siting service elements. Response: Achievable. II Architectural Design 1 Height, Bulk and Scale (Section 10 in Midway Design Guideline) 10.1 Consider a variety of factors to address height, bulk and scale impacts on adjacent properties with different zoning district designations, including the following: a. Distance from the edge of a less intensive zone. b. Differences in development standards between abutting zones (allowable building height,width, lot coverage, etc.) c. Effect of site size and shape d. Type and amount of separation between lots in the different zones (i.e., separation by only a property line, by a street, or by other physical features such as grade changes) Response: NA,all of 10.1.There are no adjacent properties with different zoning districts. 10.2 Utilize careful siting techniques and design treatments to achieve compatibility with surrounding land uses, including the following: a. Architectural style b. Details(such as rooflines and window treatments) c. Color and materials d. Landscaping or other screening. e. Co-locate existing uses or zoning districts. Response: NA,all of 10.2. No existing structures are present. Location of Station area is established. 8 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 10.3 Reduce height, bulk and scale of the proposed structure as needed to mitigate adverse impact to adjoining public amenities including sidewalks, parks, and open space and to achieve an acceptable level of compatibility, by including the following: a. Articulate the ground floor building facade vertically or horizontally in intervals that conform to new neighboring structures. b. Step back building upper levels from original footprint starting at the third story and once again when the building exceed 6 stories to take advantage of views, increase sunlight at street level, and create a pedestrian scale. c. Set back buildings located at street intersection corners to promote visibility and encourage pedestrians to gather. d. Increase building setbacks from a less intensive zone edge. Response: NA,part a. Station is a standalone building. NA, part b.The Station does not have more than two stories. Achievable, part c. NA, part d. Less intensive zone edges do not exist at the station. 10.4 Use architectural features to reduce building scale, such as: a. Landscaping,trellis. b.Variety of complementary building materials. c. Detailing, accent trim,fenestration, or modulation. Response: Achievable, all options. 2.Architectural Context and Features(Section 11 in Midway Design Guidelines) 11.1 Create a well-proportioned and unified building form that exhibits an overall architectural concept expressed in distinct architectural features and details. Response: Achievable. 11.2 Architectural features shall include a minimum of three (3) of the following: a. Building modulation or articulation b. Bay windows or balconies c. Corner accent, such as a turret or clock tower d. Garden or courtyard elements (such as a fountain or gazebo) e. Rooflines f. Building entries g. Building base Response: Achievable with part a,f, and g, at a minimum. 9 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 11.3 Architectural details shall include a minimum of five (5) of the following: a. Treatment of masonry—such as ceramic tile inlay, paving stones, or alternating brick patterns. b. Treatment of siding—such as wood siding combined with shingles c. Articulation of columns d. Sculpture or artwork e. Architectural lighting f. Detailed grills and railings g. Special trim details and mouldings h. Trellis or arbor i. Awnings or canopies Response: Achievable with part a, b,d, e,f,and i, at a minimum. 11.4 Exhibit building form and features that identify the functions within the building, such as: a. Grand entry for financial institution b. Balconies for residential Response: Achievable with clarification:The light rail station shall exhibit the form and features of its function as a train station. Station features should annunciate the public entries, platform level and canopy through use of materials, and building shape that is visually inviting, sheltering, and is a landmark public facility in the community. 11.5 Clearly distinguish roofline or top of the structure from the building's facade. Response: Achievable. 11.6 Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following: a. Fenestration patterns b. Building proportions c. Building materials Response: NA.There are no existing architectural features adjacent to station. 11.7 Design and organize the"fifth elevation"—the roofscape—rooftop elements to minimize visual impact from surrounding buildings. Response: Achievable. 3 Exterior Finish Materials(Section 12 in Midway Design Guideline) 12.1 Use materials that by their nature, provide a sense of permanence, and can provide texture or scale that helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: a. Stained or painted wood siding b. Shingles 10 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION c. Brick d. Stone e. Ceramic and terra-cotta tile Response: Achievable with clarification,all parts. Materials shall meet the conditions of the ST DCM, and reinforce this concept of durability, permanence and quality for a lifetime of use. The palette is limited to metals,ceramic, stone,glass and masonry products that do not require frequent refinishing and are usually integrally colored or factory finished. The DCM does not allow the use of wood. ST DCM v5,Section 9 Stations, 9.10 Materials and Finishes Guidelines and Requirements criteria has been provided to the City of Kent. 12.2 Provide entries, plazas, or other semi-public or public spaces with a visually interesting ground plane, such as: a. Use of local materials b. Recording history and tradition c. Designs that delight Response: Achievable, one or more options. 4. Human Scale(Section 13 in Midway Design Guideline) 13.1 Distinctive ground floor building materials from upper stories. Response: Achievable. 13.2 Alternation of dormers, stepped roofs,gables or other roof elements to reinforce the modulation or articulation of the structure. Response: Achievable with clarification.The articulation of the station shall occur with a freestanding canopy along the length of the platform. This station canopy shall have step from a lower roof to an upper roof with clerestory windows to achieve the intent of Human Scale. The canopy shall be architecturally designed to express its framing and provide materials and details that contribute to human scale. Also,the canopy shall be evaluated aesthetically on its achievement of the HCT architectural theme; Northwest Modernism, and to maximize daylight through the center of the canopies,while providing good weather protection and having ample ceiling height at the center, as desired by Stakeholders per the Workshop feedback. Refer to the station canopy design addressed in the HCT code departures in the DA. 13.3 Pedestrian weather protection in the form of canopies, awnings, arcades or other elements wide enough to protect at least one person. Response: Achievable. 13.4 Pedestrian-oriented open space such as a courtyard, garden, patio or other unified landscaped areas. Response: Achievable. 11 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3— LIGHT RAIL STATION 13.5 Bay windows that reflect an internal space such as a room or alcove. Response: NA. Bay windows would not be appropriate for the Station architecture and its function. Bay windows serve to articulate interior rooms onto the fa4ade and provide additional gathering or seating space, such as in a living room or bedroom in a housing development. At grade, bay windows are incompatible with the Sound Transit Design Criteria Manual requiring "back of house"functions be protected for safety and security reasons from the public.At the platform level,the Station does not contain individual interior rooms, it is one contiguous open-air space with no walls at the perimeter. In this configuration, bay windows are not possible. 13.6 Large areas of glazing separated through the use of moldings or door jambs. Response: Achievable with clarification. Large areas of aluminum curtain wall glazing will be used at the station entries and stair/elevator towers; these aluminum frame parts of the curtain wall shall articulate the glazing. In addition, ST proposes architectural features such as steel framing, changes in material siding,canopies and awnings to achieve the goals of providing architectural details similar to conventional moldings. 13.7 Trim or molding that appears substantial from the sidewalk and is separated from adjacent windows by a vertical elements. Response: Achievable with clarification. ST proposes to create differentiation and detail through architecture features such as steel framing, aluminum curtain wall glazing, changes in material siding, canopies and awnings. 13.8 Windows with small multiple panes of glass. Response: Achievable with clarification.The ST DCM has a standardized size of glass panels in the aluminum curtain walls for constructability and cost-effective long term maintenance. 2'-10" square, 4'-0" square, or 2'-10"x4'-0".Additionally, the standardization of panels increases visual sight lines and adds to the safety of the station. 13.9 Window patterns, building articulation and other treatments that help to identify individual residential units in a multi-family building. Response: NA.This project type is not residential. 13.10 Visible Chimneys. Response: NA. Chimneys are not provided at this station. 12 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 5. Commercial Entrances(Section 14 in Midway Design Guidelines) 14.1 Where there is sufficient distance between the building and the public right-of-way, provide the following features: a. Walking surfaces with attractive pavers b. Area for commercial display or activities c. Landscaping that screens undesirable elements or that enhances the public space and architecture d. Site furniture, artwork or amenities such as fountains, benches, pergolas, kiosks, etc. e. Other methods that meet the intent of these criteria. Response: Achievable with clarification. Methods that meet this guideline are possible, but shall also comply with the DCM, be compatible with FTA regulations, and not create ADA conflicts. 14.2 Ensure special detailing or architectural features at entrances, such as the following: a. Ornamental glazing, railings or balustrades b. Awnings or canopies c. Decorative pavement and lighting d. Seating e. Architectural moulding f. Planter boxes, containers, or trellises g. Artwork signs and visible building address h. Other methods that meet the intent of these criteria. Response: Achievable with clarification. Methods that meet this guideline are possible, but shall also comply with the DCM,and be compatible with FTA regulations. 6 Residential Entrances(Section 15 in Midway Design Guidelines) 15.1 & 15.2 Residential entrances. Response: NA.This project type is not residential. 7 Blank Wall (Section 16 in Midway Design Guidelines) 16.1 Avoid large blank building walls especially near public and private sidewalks and pedestrian pathways. (Intent: to create pedestrian interest and reduce opportunities for graffiti.) Responses: Achievable with clarification.The station ancillary buildings will have some solid walls to ensure the security and safety of these back-of-house functions.ST has standards that require anti- graffiti coatings in the touch zone, and a robust graffiti removal policy. ST will meet the guideline 16.3 special treatments to create visual interest and deter graffiti on walls. 13 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 16.2 Avoid retaining walls that extend higher than eye level near a public sidewalk and between properties. Responses: NA. There are no retaining walls at this station. 16.3 Provide special treatments for blank walls longer than twenty(20)feet and visible from pedestrian walkways, parking areas and adjacent properties.The following treatments may be used: a. Vertical trellis supporting climbing vines. b. Planter bed containing a rich assortment of plant materials that vary in height,texture, and color. c. Pedestrian-oriented art (mosaic, mural, decorative masonry pattern,sculpture, relief,etc.) over a substantial portion of the blank wall surface. d. Other methods that meet the intent of these criteria. Response: Unable to Achieve, part a. A vertical trellis along the Ancillary buildings is a security risk due to its climbability. Achievable with clarification, parts b,c and d. Planting beds may be used if they do not interfere with the function or maintenance of the Ancillary spaces, impact pedestrian flow to the station entries or cause ADA path issues. ST proposes to apply special treatments such as artwork, or architectural treatments to the ancillary building walls with details using masonry or metal siding that creates texture or patterns, reveals or reliefs,and utilizes architectural lighting that meets the ST lighting standards. 8 Parking Near Sidewalks(Section 17 in Midway Design Guidelines) 17.1 Separate surface parking lots or carport areas adjacent to public rights of way by a low screen wall with plantings or plantings along 24 to 36 inches high (and per KCC 15.07 and Kent Design& Construction Standards). Response: Achievable. 17.2 Ensure parking structures at-grade and accessory parking garage are architecturally compatible with the main structure and streetscape using architectural detailing(i.e., frieze,cornice, canopy, overhang,trellis or other devices to cap the parking structure). Response: Achievable. 17.3 Design a parking structure to provide visual interest to the street scape or adjacent property by providing the following: a. Commercial uses at the ground floor. b. Dense landscaping that provides variety, height,texture, and color. c. Landscaping and architectural features to parking entrances. d. Techniques found in the Blank Walls section of Architectural Design. 14 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Response: NA,all of 17.3. The Station shall be reviewed separately from the Parking Garage. See the Parking Garage Midway Design Guidelines document, Part 2 of 3. 17.4 Ensure pedestrian walkways, ramps, and stairways associated with surface parking or parking structures are well-lit for safety with non-glare lighting to respect adjacent uses (see Kent Design & Construction Standards). Response: Achievable. 9 Personal Safeties and Security(Section 18 in Midway Design Guidelines) 18.1 Enhance public safety to foster 18-hour public activity. To accomplish this goal, utilize the following methods: a. Strategically locate pedestrian and streetscape lighting. b. Focus on key functional or aesthetic elements such as doorways,windows, signage, and architectural details. c. Design public spaces to have clear sight lines. Response: Achievable. 18.2 Use reduced glare security lighting fixtures so as not to hamper the vision of pedestrians, bicyclists, drivers or adjacent property uses. Response: Achievable. 18.3 Consider motion-detector lights in areas not needing constant night lights. Response: NA.The Station is 24 hr facility and will remain lit for security purposes all day and night. 18.4 Use landscaping that maintains visibility, such as short shrubs and pruned trees, so there are no branches below six(6) foot height at 10 years after installation. Response: Achievable. 18.5 Use creative ornamental grille as fencing or over ground floor windows wherever appropriate. Response: NA. Ground floor windows will not receive any screening as it is a public piece of infrastructure that has glazed entries to invite customers in and see their path up to the platform. Additionally, screening would impede visibility, which is a necessary CPTED guideline. Ancillary spaces that would include windows, such as an office space,would not be screened to provide good visibility, and not have a defensive unfriendly appearance the way grilles have. 18.6 Design parking areas to allow natural surveillance by maintaining clear lines of sight both for those who park there and for occupants of nearby buildings. Response: Achievable. 15 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION 18.7 Encourage"eyes on the street"through placement of windows, balconies and street level uses. Response: Achievable with clarification. Station is a public open-air structure with Security patrols that complies with "eyes on the street"without the application of windows and balconies features. 18.8 Ensure natural visibility of children's play areas and other semi-public spaces. Response: Achievable. 10 Signage (Section 19 in Midway Design Guidelines) 19.1 Design signage as an integral part of the building facade and architecture adding interest for the pedestrian and integrity in building design. Response: Achievable. 19.2 Encourage creative and individual expression in the design and placement of signs. Response: Achievable with clarification. Sound Transit DCM and signage manual has specific standards for customer signage including branding and engagement with system facilities. There may be opportunities to incorporate one piece of unique entry signage at the station. 19.3 Encourage creative, sculptural, and neon signs. Response: Achievable with clarification.Sound Transit DCM and signage manual has specific standards for customer signage including branding and engagement with system facilities. There may be opportunities to incorporate one piece of unique entry signage at the station. 19.4 Placement of signage shall not obscure or overlap architectural elements. Response: Achievable. 19.5 Glass buildings shall incorporate a sign band into the building design to accommodate signage. Response: NA. The station architecture is not designed as a glass building. 19.6 High-rise buildings shall consolidate multiple signs Response: NA.The station architecture is not designed as a high-rise building. 19.7 For development over 2 acres in size,a Master Sign Plan shall be created that is in keeping with the objectives of the Midway Design Guidelines. Response: Achievable. 11 Lighting(Section 20 in Midway Design Guidelines) 20.1 Encourage illuminating distinctive features of the building, such as entries, signage, and areas of architectural detail and interest. Response: Achievable. 20.2 Ensure lighting fixtures complement the building fagade. 16 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION Response: Achievable. 20.3 Utilize energy-saving night lighting. Response: Achievable. 20.4 Utilize downward-directed lighting at entries and along walkways so as not to cast glare into right of way and neighboring uses (see Kent Design &Construction Standards). Response: Achievable. Public and Semi-public 20.5 Street Lighting shall be non-glaring with cut off fixtures to minimize light spilling over onto adjacent properties or public ROW as specified in Kent's Design &Construction Standards (KDCS). If these guidelines and the KDCS conflict,the guidelines control. Response: Achievable. 20.6 Pedestrian-oriented lighting shall be used in all parks, plazas, or pathways to provide safety while minimizing light spillover on to adjacent properties. Response: Achievable. 20.7 Ensure flood lighting in delivery areas is directed downward to limit glare and is active only during the time of delivery; otherwise, security lighting in delivery areas or high risk areas shall be low wattage and directed downward to be sensitive to adjacent uses. Response: Achievable. 20.8 Ensure accent lighting is appropriate to and complements the overall character of the public or semi-public setting. Response: Achievable. 12 Landscaping and Open Space(Section 21 in Midway Design Guidelines) 21.1 Landscaping includes living plant materials,special pavements,trellises, screen walls, planters, site furniture and similar features that enhance the overall project design. Utilize the following guidelines: a. Select plant materials based on soil conditions and light exposure first,followed by form, texture and color to ensure an interesting landscape that will thrive within the niche in which have been planted. b. When selecting plant materials, utilize drought tolerance species and plants that support wildlife by creating habitat. c. Use similar landscaping construction materials,textures, colors or elements to fit into the surrounding context to achieve design continuity. Response: Achievable,all options. 21.2 Create plazas and courtyards that are welcoming and comfortable for human activity and social interaction while moving through, as well as sitting and standing within. Amenities to consider are: 17 of 50 Sound Transit Midway Design Guidelines clarifications Part 1 of 3—LIGHT RAIL STATION a. Planters and trees b. Seating—benches,tables&chairs, low seating walls c. Special paving d. Bollards or other pedestrian lighting that accent the building and landscape,while facilitating pedestrian movement e. Public art f. Water feature Response: Achievable with clarification,part a through e. Methods that meet this guideline are possible, but shall also comply with the DCM, and be compatible with ADA and FTA regulations. Regarding part f,the FTA does not allow project funding for the creation or maintenance of water features. 21.3 Take advantage of special on-site conditions such as slopes,view corridors, significant trees, nearby publicly owned greenbelts or open space, or adjacent private open space in the following manner: a. Support the creation of a passive and active open space that may include pooling on-site open space requirements to create larger spaces. b. Whenever possible, link semi-public spaces with adjacent public open spaces to facilitate movement from one place to another. c. Wherever possible, retain existing mature trees in a manner that ensures longevity. d. Street trees shall not be planted within 20 feet of any street light. (See Kent Design & Construction Standards). e. If a street has a uniform planning of street trees,or a distinctive species, install street trees that match the existing tree form or species(per KCC 6.10). Response: Achievable, all options. 21.4 Enhance the built form through the use of plant materials, paving and other features such as the following: a. Emphasize entries with special planting, decorative paving and lighting. b. Consider special features within a courtyard such as a fountain or pool. c. Consider integrating artwork into publicly accessible areas to evoke a sense of place. d. Distinctively landscaped open areas created by building modulation. e. Incorporate upper story planter boxes and roof planters. f. Encourage water features, including natural marsh-like installations. g. Where wheelchair ramps are provided on the street front, include a planting strip next to the sidewalk. Response: Achievable with clarification, part a, b,c,d,g. Many of these features are possible to achieve, as long as they are also compatible with the DCM,ADA and FTA regulations. For parts e, upper story planter boxes, roof planters are not compatible with the ST Maintenance requirements. Irrigation on upper stories of buildings is not allowed due to their high maintenance, and water damage risk to spaces below them. Regarding part f,the FTA does not allow transit funding to be used for the creation or maintenance of water features. 18 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Kent Midway Design Guidelines — PARKING GARAGE 1. Site Characteristics 1.1 Reinforce established community gateways through the use of architectural elements, streetscape features, artwork, landscaping, signage,or references to the history of the location. Response: Achievable. 1.2 Provide outlooks and overlooks for the public to view public open space or territorial view of mountains or water bodies. Response: Achievable. 1.3 Minimize shadow impacts to public parks and multimodal trails. Response: NA. The parking garage is not adjacent to any existing or proposed public parks or multimodal trails. 1.4 Configure the development to lower its impact on the environment through: a. Solar orientation b. Versatile building design for adaptive reuse during the building's life cycle. c. Sustainable landscaping d. Versatile building design for adaptive reuse during the building's life cycle. Response: Unable to Achieve part a. The parking garage is oriented to maximize its footprint, access and circulation of the facility.There would not be a reduction of its environmental impact using solar orientation, because it is an open-air unconditioned building. Photovoltaics may be added to the building for LEED credits, this PV array would adapt to the buildings'functional placement on the site, rather than dictate the orientation of the parking garage. Achievable, part b. Achievable, part c. Achievable,with clarification, part d.The parking garage will meet the intent of adaptive reuse by having flat parking levels. Additional adaptive reuse opportunities may be possible during the D-B procurement or final design process. 2. Heart Locations 2.1 Provide design treatments to respond to identified Heart Locations as listed below: a. Light Rail Station b. Parks and Plazas c. Commercial intersection nodes Response: Achievable, part a. Achievable, part b. 19 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE NA, part c. ST agrees that the parking garage is part of the Light Rail Station Heart Location, and the design will support the related design treatments. A commercial node will not exist at the time of the station and parking garage opening. 2.2 Provide primary entry treatments and fagade amenities to respond to centers of commercial and social activity at Heart Locations. Primary entries shall provide a minimum of(4)amenities listed below. a. Weather protection b. Lighting c. Public art d. Special paving e. Landscaping f. Additional public or semi-public open space Response: Achievable. 3.Topography 3.1 Step buildings up slopes to accommodate significant changes in elevation. Response: NA. Site slope is insignificant. Site is approximately less than 2%slope. 3.2 Utilize topographic considerations to reduce the visibility of parking garages. Response: NA.Site slope is insignificant and cannot reduce visibility of the garage. 4. Street Compatibility 4.1 Establish entries that are clearly identifiable and visible from the street, and create a sense of human scale as exemplified in the "Golden Ratio". Response: Achievable. Station entries shall be designed to be clearly identifiable from the street through the use of materials,color, lighting and signage. The use of the Golden Ratio can be exemplified in the opening to the lobby, or the cladding materials surrounding the opening. 4.2 Where appropriate, consider a reduction in the amount of commercial and retail spaces at the ground level to create transition zones between commercial and residential areas.Transition zones may include: a. Locating office uses adjacent to residential b. Locating parking niches as a buffer to residential uses c. Locating plazas or alcove entryways between uses d. Orienting retail entries away from residential uses Response: NA, part a through d. The parking garage will be used for required transit parking only,and will not contain either ground level retail or residential uses. However,space has been allocated along 30`h Ave S to accommodate community activity, featuring spaces for mobile food trucks and areas for seating. 20 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE 4.3 Provide a minimum sidewalk area of 12 feet with eight(8)feet for sidewalk and four(4)feet for street trees, landscaping and other pedestrian uses. Response: Achievable. 4.4 Design for a network of safe and well-lit pedestrian connections between buildings to encourage human activity and link existing activity areas at a minimum of every 400'. Response: Achievable. 4.5 Discourage closed campuses by keeping pedestrian connections open. Response: Achievable. 5. Human Activity 5.1 Consider accommodating outdoor dining opportunities, by setting portions of the building back and providing plazas,generous walkways,or open windows to bring the activity to the public sidewalk edge. Response: Achievable. 5.2 Create activity clusters through appropriate co-location of uses. Response: NA. The parking garage will be used for required transit parking only, and will not contain either ground level retail or residential uses. However, space has been allocated along 30th Ave S to accommodate community activity,featuring spaces for mobile food trucks and areas for seating. 5.3 Encourage commercial activities to spill out at a maximum of two (2) feet onto the public sidewalk, maintaining adequate clearances for pedestrian movement. Response: Achievable. 5.4 Provide street level transparency to encourage interaction between people and the activities within the interior of a building.The following examples of undesirable design treatments are prohibited: a. Windowless walls b. Mirrored or non-transparent glass c. Backs of display cases in windows. d.Window frame bottoms located above waist level as measured from a non-sloping street. e. Interior walls, equipment, or functional layout that hampers the intent of transparency as stated above. Response: Achievable with clarification, part a through e. The west fagade along 30th Ave S will meet the guideline with a glazed lobby that provides transparency into the ground level of the garage. The garage's south fagade facing 236th Street is designed to have a landscaping amenity between pedestrians and the garage, and openings into the garage that are screened with architectural metal mesh to mask the view of vehicles. Views into the interior of the garage are considered undesirable because garages provide storage for vehicles and do not have inhabitants to interact with,therefore views to the interior do not provide opportunities for 21 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE personal interaction. See response to 6.4 for details about the landscaping amenity. See response to 16.3 for ST's proposed compliance with architectural treatments to blank walls. 6. Pedestrian 6.1 Provide a pedestrian-friendly streetscape with connectivity, interest and amenities that emphasize details and quality materials, such as: a. Short blocks b. Safe and well-lit crosswalks c. Wide walkways for easy passage d. Tree grates e. Seating f. Lighting Response: Achievable. 6.2 Provide a generous amount of weather protection along sidewalks or other walkways adjacent to buildings to enhance the pedestrian environment. Response: Achievable. 6.3 Buildings over 200 feet in length and contiguous with public parks or open space shall provide wide, safe and interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. Response: Achievable. 6.4 Maintain a continuous and safe public streetscape for the pedestrian considering the following design techniques: a. Provide generous sidewalks (minimum 12'wide)for pedestrians to easily pass potential commercial activities spilling outside the business environment. b. Limit gaps in the streetscape by restricting parking access to the minimum width required by code. c. Set buildings as close as possible to the sidewalk,with ground floor display windows that provide views to the interior. d. Provide pedestrian interest every 2S feet using display window, entrances, pedestrian- oriented signs, or exterior light fixtures that also complement the building architecture, plantings, or artwork. e. Define an amenity zone for understory plantings,street trees, benches,trash and recycling receptacles, bike racks, and the like (note: bundle newspaper dispensers, delivery service drop boxes to minimize clutter, having no more than (4) dispensers per block.) f. At the corners where buildings are set back: provide a generous pedestrian space, ensuring the area contains sufficient edges, amenities and activities to support a place for people to gather(i.e., seating, planting, lighting,trash receptacles.) 22 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Response: Achievable, part a and b. Unable to Achieve, part c. Regarding the south side of the parking garage, it is ST's opinion that setting the building close to the sidewalk would not contribute to pedestrian activation or an attractive streetscape because it contains views of vehicles. ST proposes that along the south side of the parking garage the design includes a landscape amenity with a bioretention rain garden that would include attractive and varied planting mixed with rockery to soften the view of the vehicles between the sidewalk and the building, and achieve the environmental goal of remediating the stormwater from the street adjacent to it. This landscape amenity, if located on the south side of the garage, shall not include fencing or retaining walls that would inhibit views or aesthetically degrade the pedestrian experience of the planting.To mitigate the view of vehicles, architectural screening will be provided at the garage facade openings, rather than ground floor display windows. The D-B team shall need to demonstrate to the City's satisfaction that the bioretention cannot be located to the north or east side of the building. The Midway Guidelines show preference to locating the building as close as possible to the sidewalk to achieve the City's goal of expressing urban density, and the possibility of canopies that shelter the sidewalk. The west side of the garage will meet the guideline, as it has ground floor windows with a plaza that adjoins the sidewalk. Achievable, parts d,a and f. 6.5 Provide wayfinding signs for pedestrians to navigate the neighborhood. Response: Achievable,with clarification. ST will provide customer signage at the station area for pedestrian wayfinding within the station area and for vehicles approaching the station area, see the ST Customer Signage examples provided to City of Kent for the HCT code departures. WSDOT signage along 1-5 and Hwy 99 to direct vehicles to the station will be created. Neighborhood orientation signage that describes areas outside the station area is not a part of the standardized ST customer signage. Creating this type of non-standard signage is possible, however it will not be maintained by ST. 6.6 Provide a safe, attractive, pedestrian-friendly environment within shopping centers to facilitate movement internally and to adjacent uses,such as: a. Landscaped pedestrian walkways. b. Seating c. Lighting Response: NA to 6.6.The parking garage is not a shopping center. 7.Transition between Residence,Street&Adjacent Sites 7.1 to 7.4 Overview: For residential projects,the space between the building and the sidewalk should provide security and privacy and encourage social interaction among neighbors. Buildings should respect adjacent properties, particularly less intensive uses. 23 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Response: NA to all of 7.The parking garage is ancillary to the Light Rail Station, and is not a residential project. 8. Parking and Vehicle Access 8.1 Surface parking shall be located at the rear or side of building site. Response: NA.Surface parking will not be provided at the Parking Garage. Reference the Light Rail Station document for surface parking next to the station. 8.2 Surface parking lots shall not exceed (30) stalls per building complex within the Midway Transit Oriented Community 2 District. Response: NA. Surface parking will not be provided at the Parking Garage. Reference the Light Rail Station document for surface parking next to the station. 8.3 Minimize number and width of driveway and curb cuts. Response: Achievable. 8.4 Share driveways with adjacent property owners. Response: Unable to Achieve. Proposed driveway access points are directed to the parking garage.There is an entry to the north of the facility reserved for maintenance and emergency access only.This entry is controlled and secured for safety. 8.5 When building sites are sloped, locate parking in the lower level or less visible portions of site while maintaining views to the parking from nearby buildings. Response: NA.The site slope is insignificant and cannot reduce visibility to garage. 8.6 Provide car-sharing opportunities to lower parking requirements. Response: Achievable. 9 Screening of Dumpsters, Utilities and Service Areas 9.1 Locate utility meters, dumpsters, mechanical units and service areas way from the street front. Response: Achievable. 9.2 Screen dumpsters, mechanical units and services behind a screen wall or fence so that it is not visible from the building entrance. Response: Achievable. 9.3 Use durable materials that complement the building for screening. Response: Achievable. 9.4 Incorporate landscaping to create a more effective screen. Response: Achievable. 9.5 Locate the opening to the service area away from the sidewalk. 24 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Response: Achievable. 9.6 Prohibit the location of the service elements like mechanical equipment, signal controls, and utility meters at or above grade in the pedestrian right of way. Response: Achievable. 9.7 Utilize principles of Crime Prevention through Environmental Design when siting service elements. Response: Achievable. II Architectural Design 1 Height, Bulk and Scale (Section 10 in Midway Design Guideline) 10.1 Consider a variety of factors to address height, bulk and scale impacts on adjacent properties with different zoning district designations, including the following: a. Distance from the edge of a less intensive zone. b. Differences in development standards between abutting zones (allowable building height, width, lot coverage, etc.) c. Effect of site size and shape d. Type and amount of separation between lots in the different zones (i.e., separation by only a property line, by a street, or by other physical features such as grade changes) Response: NA,all of 10.1: The location of the garage is not adjacent to different zoning districts. 10.2 Utilize careful siting techniques and design treatments to achieve compatibility with surrounding land uses, including the following: a. Architectural style b. Details(such as rooflines and window treatments) c. Color and materials d. Landscaping or other screening. e. Co-locate existing uses or zoning districts. Response: NA,all of 10.2. No existing structures of significance are present in the surrounding land use. 10.3 Reduce height, bulk and scale of the proposed structure as needed to mitigate adverse impact to adjoining public amenities including sidewalks, parks, and open space and to achieve an acceptable level of compatibility, by including the following: a. Articulate the ground floor building fa4ade vertically or horizontally in intervals that conform to new neighboring structures. b. Step back building upper levels from original footprint starting at the third story and once again when the building exceed 6 stories to take advantage of views, increase sunlight at street level, and create a pedestrian scale. c. Set back buildings located at street intersection corners to promote visibility and encourage pedestrians to gather. 25 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE d. Increase building setbacks from a less intensive zone edge. Response: Achievable,with clarification, part a. New neighboring structures do not exist at this time. However,the ground floor can be articulated differently than the upper levels to create pedestrian scale and interest. Unable to achieve, part b. Stepping back or increasing setbacks reduces the parking stall supply, vehicle circulation and challenges pedestrian ingress/egress at the edges of the building envelope. Views are unnecessary for vehicular use. Parking garage placement does not block sunlight on 30th Ave S and S 2361h St. Pedestrian scale can be achieved through proposed facade treatments and landscaping amenities at the ground level. Achievable, part c. NA, part d. All surrounding areas are MTC-2 zoning. 10.4 Use architectural features to reduce building scale, such as: a. Landscaping,trellis. b. Variety of complementary building materials. c. Detailing, accent trim,fenestration, or modulation. Response: Achievable,all options. 2.Architectural Context and Features (Section 11 in Midway Design Guideline) 11.1 Create a well-proportioned and unified building form that exhibits an overall architectural concept expressed in distinct architectural features and details. Response: Achievable. 11.2 Architectural features shall include a minimum of three (3)of the following: a. Building modulation or articulation b. Bay windows or balconies c. Corner accent, such as a turret or clock tower d. Garden or courtyard elements (such as a fountain or gazebo) e. Rooflines f. Building entries g. Building base Response: Achievable, part a,f, and g, at a minimum. 11.3 Architectural details shall include a minimum of five (S) of the following: a. Treatment of masonry—such as ceramic tile inlay, paving stones, or alternating brick patterns. b. Treatment of siding—such as wood siding combined with shingles c. Articulation of columns d. Sculpture or artwork e. Architectural lighting f. Detailed grills and railings g. Special trim details and mouldings h. Trellis or arbor 26 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE i. Awnings or canopies Response: Achievable, part a, b,d, e,f, and i, at a minimum. 11.4 Exhibit building form and features that identify the functions within the building, such as: a. Grand entry for financial institution b. Balconies for residential Response: Achievable with clarification:The parking garage shall exhibit the form and features of its function as a parking garage. Garage features should define the public entries for vehicles and pedestrians with visually inviting, and sheltering,forms and materials.The garage shall be a landmark public facility in the community. 11.5 Clearly distinguish roofline or top of the structure from the building's facade. Response: Achievable with clarification. Design opportunities to modulate the facade or have detail at the top of the facade shall be explored, rather than articulate a roofline. 11.6 Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following: a. Fenestration patterns b. Building proportions c. Building materials Response: NA.There are no existing architectural features adjacent to the Parking Garage. 11.7 Design and organize the"fifth elevation"—the roofscape—rooftop elements to minimize visual impact from surrounding buildings. Response: NA.There will not be a roof on the Parking Garage. There are opportunities to modulate the facade treatments or have detail at the top of the facade, but this will be complied with in 11.5. 3 Exterior Finish Materials(Section 12 in Midway Design Guideline) 12.1 Use materials that by their nature, provide a sense of permanence, and can provide texture or scale that helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: a. Stained or painted wood siding b. Shingles c. Brick d. Stone e. Ceramic and terra-cotta tile Response: Achievable with clarification, all options. Materials shall meet the conditions of the ST DCM, and reinforce this concept of durability, permanence and quality for a lifetime of use. The palette is limited to metals, ceramic, stone, glass and masonry products that do not require 27 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE frequent refinishing and are usually integrally colored or factory finished, it does not allow the use of wood. DCM section on station material criteria has been shared with City of Kent. 12.2 Provide entries, plazas, or other semi-public or public spaces with a visually interesting ground plane, such as: a. Use of local materials b. Recording history and tradition c. Designs that delight Response: Achievable, one or more options. 4. Human Scale(Section 13 in Midway Design Guideline) 13.1 Distinctive ground floor building materials from upper stories. Response: Achievable. 13.2 Alternation of dormers, stepped roofs, gables or other roof elements to reinforce the modulation or articulation of the structure. Response: NA.There will not be a roof on the Parking Garage. Some articulation will exist through the projection of the stair and elevator tower above the upper story deck. 13.4 Pedestrian-oriented open space such as a courtyard, garden, patio or other unified landscaped areas. Response: Achievable. See the Food Truck Plaza exhibit in the PRs. 13.5 Bay windows that reflect an internal space such as a room or alcove. Response: NA. Bay windows would not be appropriate for the Parking Garage architecture and its function. Bay windows serve to articulate interior rooms onto the fagade and provide additional gathering or seating space, such as in a living room or bedroom in a housing development. The Parking Garage does not contain individual interior rooms, it is one contiguous open-air space. In this configuration, bay windows would be purposeless. 13.6 Large areas of glazing separated through the use of moldings or door jambs. Response: Achievable with clarification. Large areas of aluminum curtainwall glazing will be used at the pedestrian entries and stair/elevator towers, however no moldings or door jambs will be used to articulate the frame. ST proposes architectural features such as steel framing, aluminum curtainwall, changes in material siding, canopies and awnings to achieve the goals of providing architectural details similar to conventional moldings. 13.7 Trim or molding that appears substantial from the sidewalk and is separated from adjacent windows by a vertical elements. Response: Achievable with clarification. ST proposes to create differentiation and detail through architecture features such as steel framing, aluminum curtainwall glazing, changes in material siding, canopies and awnings. 28 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE 13.8 Windows with small multiple panes of glass. Response: Achievable with clarification.The ST DCM has a standardized size of glass panels in the aluminum curtainwalls for constructability and cost-effective long term maintenance. 2'-10" square, 4'-0" square, or 2'-10"x4'-0". Additionally,the standardization of panels increases visual sight lines and adds to the safety of the station. 13.9 Window patterns, building articulation and other treatments that help to identify individual residential units in a multi-family building. Response: NA.This project type is not residential. 13.10 Visible Chimneys. Response: NA.This project does not have chimneys. S. Commercial Entrances(Section 14 in Midway Design Guidelines) 14.1 Where there is sufficient distance between the building and the public right-of-way, provide the following features: a. Walking surfaces with attractive pavers b. Area for commercial display or activities c. Landscaping that screens undesirable elements or that enhances the public space and architecture d. Site furniture, artwork or amenities such as fountains, benches, pergolas, kiosks,etc. e. Other methods that meet the intent of these criteria. Response: Achievable with clarification. Methods that meet this guideline are possible, but shall also comply with the DCM, be compatible with FTA regulations, and not create ADA conflicts. 14.2 Ensure special detailing or architectural features at entrances, such as the following: a. Ornamental glazing, railings or balustrades b. Awnings or canopies c. Decorative pavement and lighting d. Seating e. Architectural moulding f. Planter boxes, containers, or trellises g. Artwork signs and visible building address h. Other methods that meet the intent of these criteria. Response: Achievable with clarification. Methods that meet this guideline are possible, but shall also comply with the DCM,and be compatible with FTA regulations. 6 Residential Entrances(Section 15 in Midway Design Guidelines) 15.1 & 15.2 Residential entrances Response: NA.The project type is not residential. 29 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE 7 Blank Walls(Section 16 in Midway Design Guidelines) 16.1 Avoid large blank building walls especially near public and private sidewalks and pedestrian pathways. (Intent: to create pedestrian interest and reduce opportunities for graffiti.) Responses: Achievable with clarification.The parking garage may have some solid walls to ensure the security and safety of the back-of-house functions. ST has standards that requires anti-graffiti coatings in the touch zone, and a robust graffiti removal policy. ST will meet the guideline 16.3 special treatments to create visual interest and deter graffiti on walls. The length of the blank walls shall be minimized to the greatest extent possible. 16.2 Avoid retaining walls that extend higher than eye level near a public sidewalk and between properties. Responses: NA.There are no retaining walls at this parking garage. 16.3 Provide special treatments for blank walls longer than twenty(20)feet and visible from pedestrian walkways, parking areas and adjacent properties.The following treatments may be used: a. Vertical trellis supporting climbing vines. b. Planter bed containing a rich assortment of plant materials that vary in height,texture, and color. c. Pedestrian-oriented art(mosaic, mural, decorative masonry pattern, sculpture, relief, etc.) over a substantial portion of the blank wall surface. d. Other methods that meet the intent of these criteria. Response: Achievable with clarification, part a. A vertical trellis may be used in the garage design if it meets the functional and ventilation requirements, CPTED guidelines and ST maintenance standards for the garage. Achievable with clarification, part b. Planter beds and shall be an integral part of the landscaping at the Food truck plaza encompassing west fa4ade and the southwest corner of the building, and the south elevation if the bioretention planting is located in this area. Achievable with clarification, part c.Artwork, under the direction of STart, may be applied to the exterior of the building if the artist and art panel agree to this strategy.Art will be a component of this garage, but may be applied to activate other pedestrian heavy areas in the garage including interior stairwells, elevator lobbies and the plaza. Achievable with clarification, part d. ST proposes to apply architectural treatments to the garage exterior walls along with details using masonry or metal siding, and metal screening that creates texture or patterns, reveals or reliefs, and utilizes architectural lighting that meets the ST lighting standards. 8 Parking Near Sidewalks(Section 17 in Midway Design Guidelines) 30 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3— PARKING GARAGE 17.1 Separate surface parking lots or carport areas adjacent to public rights of way by a low screen wall with plantings or plantings along 24 to 36 inches high (and per KCC 15.07 and Kent Design& Construction Standards). Response: NA. There is no surface parking provided at the Parking Garage. 17.2 Ensure parking structures at-grade and accessory parking garage are architecturally compatible with the main structure and streetscape using architectural detailing(i.e.,frieze,cornice, canopy, overhang,trellis or other devices to cap the parking structure). Response: Achievable. 17.3 Design a parking structure to provide visual interest to the street scape or adjacent property by providing the following: a. Commercial uses at the ground floor. b. Dense landscaping that provides variety, height, texture, and color. c. Landscaping and architectural features to parking entrances. d. Techniques found in the Blank Walls section of Architectural Design. Response: Achievable with clarification, part a.The parking garage meets the HCT code requirements for being future convertible to retail at the ground floor, but will not include a completed retail space at the time of opening.The Food truck plaza is provided in lieu of built commercial spaces, to activate the space. Refer to the HCT Code departures in the Development Agreement. Achievable with clarification, part b,c and d. Landscaping on the south side is shown in the Pre- Engineering Drawings as bioretention planting which shall be made of plants with variety in color, height and texture that bring visual interest to the pedestrian experience,as well as provide stormwater mitigation. This landscape amenity, if located on the south side of the garage, shall not include fencing or retaining walls that would inhibit views or aesthetically degrade the pedestrian experience of the planting.This planting would be combined with architectural treatments to the openings on the garage that would further screen the views into the garage. 17.4 Ensure pedestrian walkways, ramps, and stairways associated with surface parking or parking structures are well-lit for safety with non-glare lighting to respect adjacent uses (see Kent Design &Construction Standards). Response: Achievable. 9 Personal Safeties and Security(Section 18 in Midway Design Guidelines) 18.1 Enhance public safety to foster 18-hour public activity. To accomplish this goal, utilize the following methods: a. Strategically locate pedestrian and streetscape lighting. b. Focus on key functional or aesthetic elements such as doorways,windows, signage, and architectural details. c. Design public spaces to have clear sight lines. 31 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Response: Achievable. 18.2 Use reduced glare security lighting fixtures so as not to hamper the vision of pedestrians, bicyclists, drivers or adjacent property uses. Response: Achievable. 18.3 Consider motion-detector lights in areas not needing constant night lights. Response: NA.The parking garage is 24 hr facility and will remain lit for security purposes all day and night. 18.4 Use landscaping that maintains visibility, such as short shrubs and pruned trees, so there are no branches below six(6) foot height at 10 years after installation. Response: Achievable. 18.5 Use creative ornamental grille as fencing or over ground floor windows wherever appropriate. Response: Achievable,with clarification. Architectural screening at the ground level parking areas will be provided at the openings to provide safety and aesthetic treatment at the pedestrian level. The curtainwall glazing at the stair/elevator towers and entry lobby will remain unscreened providing good visibility into the garage. Additionally,visibility is essential in order to stay compliant with CPTED guidelines. 18.6 Design parking areas to allow natural surveillance by maintaining clear lines of sight both for those who park there and for occupants of nearby buildings. Response: Achievable. 18.7 Encourage "eyes on the street"through placement of windows, balconies and street level uses. Response: Achievable with clarification.The Parking Garage is an open environment that encourages "eyes on the street"without using windows or balconies features. Garage screening at the openings should enable visibility through the materials. 18.8 Ensure natural visibility of children's play areas and other semi-public spaces. Response: Achievable. 10 Signage(Section 19 in Midway Design Guidelines) 19.1 Design signage as an integral part of the building fagade and architecture adding interest for the pedestrian and integrity in building design. Response: Achievable. 19.2 Encourage creative and individual expression in the design and placement of signs. Response: Achievable with clarification.Sound Transit DCM and signage manual has specific standards for customer signage including branding and engagement with system facilities. There may be opportunities to incorporate one piece of unique entry signage on the parking garage. 19.3 Encourage creative, sculptural, and neon signs. 32 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE Response: Achievable with clarification. Sound Transit DCM and signage manual has specific standards for customer signage including branding and engagement with system facilities. There may be opportunities to incorporate one piece of unique entry signage on the parking garage. See HCT Code departures in the Development Agreement. 19.4 Placement of signage shall not obscure or overlap architectural elements. Response: Achievable. 19.5 Glass buildings shall incorporate a sign band into the building design to accommodate signage. Response: NA.The garage will not be constructed as a glass building. 19.6 High-rise buildings shall consolidate multiple signs Response: NA.The garage will not be a high-rise building. 19.7 For development over 2 acres in size, a Master Sign Plan shall be created that is in keeping with the objectives of the Midway Design Guidelines. Response: Achievable. 11 Lighting(Section 20 in Midway Design Guidelines) 20.1 Encourage illuminating distinctive features of the building, such as entries, signage, and areas of architectural detail and interest. Response: Achievable. 20.2 Ensure lighting fixtures complement the building fagade. Response: Achievable. 20.3 Utilize energy-saving night lighting. Response: Achievable. 20.4 Utilize downward-directed lighting at entries and along walkways so as not to cast glare into right of way and neighboring uses (see Kent Design &Construction Standards). Response: Achievable. Public and Semi-public 20.5 Street Lighting shall be non-glaring with cut off fixtures to minimize light spilling over onto adjacent properties or public ROW as specified in Kent's Design &Construction Standards (KDCS). If these guidelines and the KDCS conflict,the guidelines control. Response: Achievable. 20.6 Pedestrian-oriented lighting shall be used in all parks, plazas, or pathways to provide safety while minimizing light spillover on to adjacent properties. Response: Achievable. 33 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE 20.7 Ensure flood lighting in delivery areas is directed downward to limit glare and is active only during the time of delivery; otherwise, security lighting in delivery areas or high risk areas shall be low wattage and directed downward to be sensitive to adjacent uses. Response: Achievable. 20.8 Ensure accent lighting is appropriate to and complements the overall character of the public or semi-public setting. Response: Achievable. 12 Landscaping and Open Space(Section 21 in Midway Design Guidelines) 21.1 Landscaping includes living plant materials, special pavements, trellises, screen walls, planters, site furniture and similar features that enhance the overall project design. Utilize the following guidelines: a. Select plant materials based on soil conditions and light exposure first,followed by form,texture and color to ensure an interesting landscape that will thrive within the niche in which have been planted. b. When selecting plant materials, utilize drought tolerance species and plants that support wildlife by creating habitat. C. Use similar landscaping construction materials,textures, colors or elements to fit into the surrounding context to achieve design continuity. Response: Achievable,all options. 21.2 Create plazas and courtyards that are welcoming and comfortable for human activity and social interaction while moving through, as well as sitting and standing within. Amenities to consider are: a. Planters and trees b. Seating—benches,tables&chairs, low seating walls c. Special paving d. Bollards or other pedestrian lighting that accent the building and landscape,while facilitating pedestrian movement e. Public art f. Water feature Response: Achievable with clarification, part a through e. Methods that meet this guideline are possible, but shall also comply with the DCM, and be compatible with ADA and FTA regulations. Regarding part f,the FTA does not allow project funding for the creation or maintenance of water features. 21.3 Take advantage of special on-site conditions such as slopes,view corridors, significant trees, nearby publicly owned greenbelts or open space,or adjacent private open space in the following manner: 34 of 50 Sound Transit Midway Design Guidelines clarifications Part 2 of 3—PARKING GARAGE a. Support the creation of a passive and active open space that may include pooling on-site open space requirements to create larger spaces. b. Whenever possible, link semi-public spaces with adjacent public open spaces to facilitate movement from one place to another. c. Wherever possible, retain existing mature trees in a manner that ensures longevity. d. Street trees shall not be planted within 20 feet of any street light. (See Kent Design & Construction Standards). e. If a street has a uniform planning of street trees, or a distinctive species, install street trees that match the existing tree form or species(per KCC 6.10). Response: Achievable,all options. 21.4 Enhance the built form through the use of plant materials, paving and other features such as the following: a. Emphasize entries with special planting, decorative paving and lighting. b. Consider special features within a courtyard such as a fountain or pool. c. Consider integrating artwork into publicly accessible areas to evoke a sense of place. d. Distinctively landscaped open areas created by building modulation. e. Incorporate upper story planter boxes and roof planters. f. Encourage water features, including natural marsh-like installations. g. Where wheelchair ramps are provides on the street front, include a planting strip next to the sidewalk. Response: Achievable with clarification, part a, b,c,d and g. Many of these features are possible to achieve, as long as they are also compatible with the DCM,ADA and FTA regulations. For parts e, upper story planter boxes, roof planters are not compatible with the ST Maintenance requirements. Irrigation on upper stories of buildings is not allowed due to their high maintenance, and water damage risk to spaces below them. Regarding part f, the FTA does not allow transit funding to be used for the creation or maintenance of water features. 35 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Kent Midway Design Guidelines —TRACTION POWER SUBSTATION (TPSS) 1. Site Characteristics 1.1 Reinforce established community gateways through the use of architectural elements, streetscape features, artwork, landscaping, signage, or references to the history of the location. Response: Achievable. 1.2 Provide outlooks and overlooks for the public to view public open space or territorial views of mountains or water bodies Response: NA. This enclosure is not for the public use, and is opaque for security purposes. 1.3 Minimize shadow impacts to public parks and multi-modal trails. Response: NA.The TPSS is a fully enclosed one story high voltage accessory facility. No shadowing will occur. Additionally, project is not adjacent to any existing or proposed parks or multi-modal trails. 1.4 Configure the development to lower its impact on the environment through: a. Solar orientation b. Storm water run-off c. Sustainable landscaping d. Versatile building design for adaptive reuse during the building's life cycle. Response: NA, part a.The Traction Power Substation (TPSS) is an accessory structure required to supply power to the overhead catenary system (OCS)to power light rail vehicles (LRV).The TPSS is a prefabricated power unit approximately 9ft tall, 8ft wide and 50ft long metal container box installed on a concrete foundation. There is a maintenance area surrounding the box and the perimeter of the property is secured by an 8-10ft tall solid wall at the property line. This facility would not benefit from a reduction in energy use if the TPSS was rotated for solar orientation, as it has no windows or habitable space. Achievable with clarification,part b. The stormwater run-off can be mitigated with the station area run-off as these are both part of the same property. Achievable, part c. NA, part d.This structure is an enclosure around a factory-built structure, specifically designed to supply power as required to the light rail vehicles (LRVs), and will not be repurposed for adaptive reuse over its life cycle. 2. Heart Locations 2.1 Provide design treatments to respond to identified Heart Locations as listed below: a. Light Rail station b. Parks and plazas c. Commercial intersection nodes 36 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Response: Achievable,with clarification part a and b.The TPSS is a high voltage accessory structure, using a solid wall screen to obscure the facility and to protect the public. However,the wall can be aesthetically treated to create visual interest in a manner consistent with the station environment, including the station plaza. NA,part c.A commercial intersection node is not likely to exist at the opening of the station. 2.2 Provide primary entry treatments and fagade amenities to respond to centers of commercial and social activity at Heart locations. Primary entries shall provide a minimum of(4) amenities listed below: a. Weather protection b. Lighting c. Public art d. Special paving e. Landscaping f. Additional public or semi-public open space Response: NA.The TPSS building and its enclosure is a high voltage facility, and cannot provide a primary entry for the public. 3.Topography 3.1 Step buildings up slopes to accommodate significant changes in elevation. Response: NA.TPSS site is not sloped. 3.2 Utilize topographic considerations to reduce the visibility of parking garages. Response: NA.TPSS site is not sloped, and does not include a parking garage. 4.Street Compatibility 4.1 Establish entries that are clearly identifiable and visible from the street, and create a sense of human scale as exemplified in the "Golden Ratio". Response: NA.The TPSS enclosure is not for public use, is a high voltage facility, and will not be designed with an entry that is highly visible to the public to avoid drawing attention to it for security purposes. 4.2 Where appropriate, consider a reduction in the amount of commercial and retail space at the ground level to create transition zones between commercial and residential areas.Transition zones may include: a. Locating office uses adjacent to residential b. Locating parking niches as a buffer to residential uses c. Locating plazas or alcove entryways between uses d. Orienting retail entries away from residential uses 37 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Response: NA, part a through d.The TPSS does not serve as either a commercial, retail or residential use. It is an accessory enclosed high voltage facility whose sole purpose is to supply traction power to LRVs. 4.5 Discourage closed campuses by keeping pedestrian connections open. Response: NA. Public sidewalk surrounding the enclosure shall remain clear, however, the TPSS is an enclosed high voltage facility meant to keep pedestrians safely outside of the area. S. Human Activity 5.1 Consider accommodating outdoor dining opportunities, by setting portions of the building back and providing plazas, generous walkways,or open windows to bring the activity to the public sidewalk edge. Response: NA. The TPSS is an enclosed, high voltage facility accessory to the light rail station. There are no dining functions. 5.2 Create activity clusters through appropriate co-location of uses. Response: NA.As a high voltage ancillary facility, co-location of uses are discouraged and isolated from this facility for safety and security. 5.3 Encourage commercial activities to spill out at a maximum of(2)feet onto the public sidewalk, maintaining adequate clearances for pedestrian movement Response: NA.There is no commercial activity at TPSS site. 5.4 Provide street level transparency to encourage interaction between people and the activities within the interior of a building.The following examples of undesirable design treatments are prohibited: a. Windowless walls b. Mirrored or non-transparent glass c. Backs of display cases in windows. d. Window frame bottoms located above waist level as measured from a non-sloping street. e. Interior walls, equipment, or functional layout that hampers the intent of transparency as stated above. Response: NA.The TPSS is an enclosed,fully-screened high voltage facility accessory to the light rail station. It is occupied for maintenance needs only, is inaccessible to the public, and its components are screened from public view for security purposes. Transparency to the interior is not able to be accommodated. ST proposes that architectural or artistic treatments can be applied to the enclosure walls to add pedestrian interest to the station area. Reference responses to 16.3 Blank Walls treatments. 38 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 6. Pedestrian 6.1 Provide a pedestrian-friendly streetscape with connectivity, interest and amenities that emphasize details and quality materials, such as: a. Short blocks b. Safe and well-lit crosswalks c. Wide walkways for easy passage d.Tree grates e. Seating f. Lighting Response: Achievable. 6.2 Provide a generous amount of weather protection along sidewalks or other walkways adjacent to buildings to enhance the pedestrian environment. Response: NA.The TPSS is an enclosed fully screened high voltage facility accessory to the light rail station. It is not safe for public gathering. Weather protection will not be provided. 6.3 Buildings over 200 feet in length and contiguous with public parks or open space shall provide a wide, safe and interesting pedestrian thoroughfare connecting the community with the adjacent public amenity. Response: NA.The TPSS enclosure does not exceed 200' in length. 6.4 Maintain a continuous and safe public streetscape for the pedestrian considering the following design techniques: a. Provide generous sidewalks (minimum 12'wide)for pedestrians to easily pass potential commercial activities spilling outside the business environment. b. Limit gaps in the streetscape by restricting parking access to the minimum width required by code. c. Set buildings as close as possible to the sidewalk,with ground floor display windows that provide views to the interior. d. Provide pedestrian interest every 25 feet using display window, entrances, pedestrian- oriented signs, or exterior light fixtures that also complement the building architecture, plantings, or artwork. e. Define an amenity zone for understory plantings, street trees, benches, trash and recycling receptacles, bike racks, and the like (note: bundle newspaper dispensers, delivery service drop boxes to minimize clutter, having no more than (4) dispensers per block.) f. At the corners where buildings are set back: provide a generous pedestrian space, ensuring the area contains sufficient edges, amenities and activities to support a place for people to gather(i.e., seating, planting, lighting,trash receptacles.) Response: Achievable, part a and b. Unable to Achieve, part c.The TPSS is an accessory enclosed structure and is sited as necessary to meet operational needs of LRVs.This is a high voltage facility which poses a significant risk. It is not possible to create views to the interior using display windows. 39 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Achievable with clarification,part d. ST proposes to apply aesthetic treatments to the TPSS perimeter walls with details using masonry or metal siding that creates texture or patterns, reveals or reliefs, and utilizes architectural lighting that meets the ST lighting standards. Achievable, part a and f. 6.5 Provide 'way-finding' signage for pedestrians to navigate the neighborhood. Response: NA.Way-finding signage will be provided throughout the station environment. Refer to the Midway Design Guidelines clarifications document for the Station. 6.6 Provide a safe, attractive, pedestrian-friendly environment within shopping centers to facilitate movement internally and to adjacent uses, such as: a. Landscaped pedestrian walkways. b. Seating c. Lighting Response: NA,all of 6.6.TPSS is not a shopping center. 7.Transition between Residence, Street&Adjacent Sites 7.1 to 7.4 Overview: For residential projects,the space between the building and the sidewalk should provide security and privacy and encourage social interaction among neighbors. Buildings should respect adjacent properties, particularly less intensive uses. Response: NA, all of 7.The TPSS is not a residential project. 8. Parking and Vehicle Access 8.1 Surface parking shall be located at rear or side of building site. Response: NA.TPSS is an accessory structure to the station. However, 1 to 2 parking stalls are oriented along 301h Ave S within the TPSS enclosure to accommodate service trucks for delivery and maintenance of the TPSS. These cannot be moved to rear of TPSS due to conflicts with the columns of guideway structure. 8.2 Surface parking lots shall not exceed (30) stalls per building complex within the Midway Transit Oriented Community 2 District. Response: Achievable. 8.3 Minimize number and width of driveway and curb cuts. Response: Achievable. 8.4 Share driveways with adjacent property owners. Response: NA.TPSS is an accessory structure to the station. Refer to the Midway Design Guidelines clarifications document for the Station for a response regarding the driveway at this area. 8.5 When building sites are sloped, locate parking in lower level or less visible portions of site while maintaining views to the parking from nearby buildings. Response: NA.The TPSS site is not sloped. 40 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 8.6 Provide car-sharing opportunities to lower parking requirements. Response: NA.The TPSS is an accessory structure to the station; parking access to this facility is for ST use only for maintenance and security.Car sharing opportunities are provided at the nearby Parking Garage. 9. Screening of Dumpsters, Utilities and Service Areas 9.1 Locate utility meters, dumpsters, mechanical units and service areas way from the street front. Response: Achievable. 9.2 Screen dumpsters, mechanical units and services behind a screen wall or fence so that it is not visible from the building entrance. Response: Achievable. 9.3 Use durable materials that complement the building for screening. Response: Achievable. 9.4 Incorporate landscaping to create a more effective screen. Response: Achievable. 9.5 Locate the opening to the service area away from the sidewalk. Response: Achievable. 9.6 Prohibit the location of the service elements like mechanical equipment, signal controls, and utility meters at or above grade in the pedestrian right of way. Response: Achievable. 9.7 Utilize principles of Crime Prevention through Environmental Design when siting service elements. Response: Achievable. II Architectural Design 1 Height, Bulk and Scale(Section 10 in Midway Design Guidelines) 10.1 Consider a variety of factors to address height, bulk and scale impacts on adjacent properties with different zoning district designations, including the following: a. Distance from the edge of a less intensive zone. b. Differences in development standards between abutting zones (allowable building height,width, lot coverage, etc.) c. Effect of site size and shape Type and amount of separation between lots in the different zones (i.e., separation by only a property line, by a street, or by other physical features such as grade changes) 41 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Response: NA,all of 10.1: The location of the TPSS is not adjacent to different zoning districts. 10.2 Utilize careful siting techniques and design treatment to achieve compatibility with surrounding land uses, including the following: a. Architectural style b. Details (such as rooflines and window treatments) c. Color and materials d. Landscaping or other screening. e. Co-locate existing uses or zoning districts. Response: NA,all of 10.2. No existing structures of significance are present in the surrounding land use. 10.3 Reduce height, bulk and scale of the proposed structure as needed to mitigate adverse impact to adjoining public amenities including sidewalks, parks, and open space and to achieve an acceptable level of compatibility, by including the following: a. Articulate the ground floor building fagade vertically or horizontally in intervals that conform to new neighboring structures. b. Step back building upper levels from original footprint starting at the third story and once again when the building exceed 6 stories to take advantage of views, increase sunlight at street level, and create a pedestrian scale. c. Set back buildings located at street intersection corners to promote visibility and encourage pedestrians to gather. d. Increase building setbacks from a less intensive zone edge. Response: NA,part a. New neighboring structures to conform with will not exist at the time of construction. NA, part b. The TPSS and its' enclosure is single story. Achievable with clarification, part c.The TPSS and its' maintenance space is located as necessary to supply traction power to the LRV's.The corner of the perimeter wall closest to the intersection will be setback for increased pedestrian space at the intersection of the sidewalks, as long as it doesn't interfere with the space required for the TPSS and its maintenance. The sidewalk shall be increased at the intersection. NA part d. The TPSS is not adjacent to a less intensive zone edge. 2.Architectural Context and Features(Section 11 in Midway Design Guidelines) 11.1 Create a well-proportioned and unified building form that exhibits an overall architectural concept expressed in distinct architectural features and details. Response: Achievable. 11.2 Architectural features shall include a minimum of three (3) of the following: a. Building modulation or articulation b. Bay windows or balconies c. Corner accent, such as a turret or clock tower d. Garden or courtyard elements (such as a fountain or gazebo) 42 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS e. Rooflines f. Building entries g. Building base Response: Achievable with clarification,part a. The perimeter wall can be modulated. Unable to Achieve,part b through g: This enclosure is one story approximately 8 to 10 feet high wall, and is not massive enough to achieve these design strategies. We propose architectural treatments to the wall and landscaping to generate visual interest. 11.3 Architectural details shall include a minimum of five (5) of the following: a. Treatment of masonry—such as ceramic tile inlay, paving stones, or alternating brick patterns. b. Treatment of siding—such as wood siding combined with shingles c. Articulation of columns d. Sculpture or artwork e. Architectural lighting f. Detailed grills and railings g. Special trim details and mouldings h. Trellis or arbor i. Awnings or canopies Response: D-B team shall create a design with a minimum of five options: Achievable, part a &b. NA, part c. Columns will not be included in the enclosure. Achievable with clarification, part d.Art may be applied to the enclosure, STart shall determine if art budget is allocated to this area. Achievable with clarification,part e,f,g, h. These design options are allowable at the perimeter wall and gate, as long as they do not contribute to the climbability of the wall enclosure, or gate,or create a CPTED issue. Unable to Achieve, parts is Awnings or canopies shall not be provided at this site, as they contribute to the security issue of people lingering around this high risk area. 11.4 Exhibit building form and feature that identify the functions within the building, such as: a. Grand entry for financial institution b. Balconies for residential. NA: The TPSS is an accessory structure without a typical building form. 11.5 Clearly distinguish roofline or top of the structure from the building's facade. Response: NA. No roof will be constructed.The TPSS is an accessory factory built high-voltage structure, open-air ventilated to reduce equipment stress and preserve useful life span. 11.6 Ensure new buildings are compatible with existing architectural features that have set an aesthetic pattern, including the following: 43 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS a. Fenestration patterns b. Building proportions c. Building materials Response: NA. There are no existing architectural features at this area. 11.7 Design and organize the "fifth elevation"—the roof scape-rooftop elements to minimize visual impact from surrounding buildings. Response: NA. No roof will be constructed.The TPSS is an accessory factory built high-voltage structure, open-air ventilated to reduce equipment stress and preserve useful life span. 3. Exterior Finish Material (Section 12 in Midway Design Guidelines) 12.1 Use materials that by their nature, provide a sense of permanence, and can provide texture or scale that helps new buildings fit better into their surroundings. Examples of these exterior building materials include the following: a. Stained or painted wood siding b. Shingles c. Brick d. Stone e. Ceramic and terra-cotta tile Response: Achievable with clarification,all parts. Materials shall meet the conditions of the ST DCM, and reinforce this concept of durability, permanence and quality for a lifetime of use. The palette is limited to metals,ceramic, stone,glass and masonry products that do not require frequent refinishing and are usually integrally colored or factory finished. It does not allow the use of wood. DCM section on station material criteria has been shared with City of Kent. 12.2 Provide entries, plazas, or other semi-public or public spaces with a visually interesting ground plane, such as: a. Use of local materials b. Recording history and tradition c. Designs that delight Response: NA.TPSS area has only private spaces, and the walkable ground plane visible to the public shall be the sidewalk. The pedestrian sidewalks will meet AHJ's standards. 4. Human Scale (Section 13 in Midway Design Guidelines) Response: NA to all.TPSS is an enclosed open air high voltage facility inaccessible or otherwise occupiable to the public. For operational purposes there are no stories, roofs, canopy, awnings, courtyards, bay windows, glazing and chimneys to articulate. The enclosure wall design treatments shall be addressed in 7 Blank Walls, Section 16. 44 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 5. Commercial Entrances(Section 14 in Midway Design Guidelines) 14.1 & 14.2 Commercial Entrances Response: NA.The TPSS is not a commercial facility. It is inaccessible to the public. 6 Residential Entrances(Section 15 in Midway Design Guidelines) 15.1& 15.2 Residential Entrances Response: NA.The TPSS is not a residential facility. 7 Blank Walls(Section 16 in Midway Design Guidelines) 16.1 Avoid large blank building walls especially near public and private sidewalks and pedestrian pathways. Response: Achievable with clarification.The TPSS enclosure will have solid walls without windows to ensure the security and safety of this back-of-house function. ST will meet the guideline with the strategies of 16.3 to apply special treatments to blank walls, and will allow modulation, lighting and special treatments to the wall as long as they do not create a climbable surface. In addition, ST has standards that require anti-graffiti coatings in the touch zone, and a robust graffiti removal policy. 16.2 Avoid retaining walls that extend higher than eye level near a public sidewalk and between properties Response: NA.There are no retaining walls at the TPSS facility. 16.3 Provide special treatments for blank walls longer than twenty(20)feet and visible from pedestrian walkways, parking areas and adjacent properties.The following treatments may be used: a. Vertical trellis supporting climbing vines. b. Planter bed containing a rich assortment of plant materials that vary in height,texture, and color. c. Pedestrian-oriented art(mosaic, mural, decorative masonry pattern, sculpture, relief, etc.) over a substantial portion of the blank wall surface. d. Other methods that meet the intent of these criteria. Response: Achievable with clarification, parts a and b.A vertical trellis and planting beds may be applied if they do not contribute to the climbability of the TPSS enclosure. Achievable with clarification, part c. Artwork may be applied to the TPSS enclosure, STart program will determine if art budget is allocated to this area. Achievable with clarification, part d. ST proposes to apply architectural treatments to the enclosure walls with details using masonry or metal siding that creates texture or patterns, reveals or reliefs, and utilizes architectural lighting that meets the ST lighting standards. 45 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 8 Parking Near Sidewalks(Section 17 in Midway Design Guidelines) 17.1 Separate surface parking lots or carport areas adjacent to public rights of way by a low screen wall with plantings or plantings along 24 to 36 inches high (and per KCC 15.07 and Kent Design & Construction Standards). Response: Achievable with clarification. Inside the TPSS area is space for a maintenance vehicle.The wall enclosure and its adjacent landscaping shall be equivalent to meeting this guideline. The design result should be an opaque wall 8-10ft tall with landscaping meeting ST Security, DCM and CPTED requirements. 17.2 Ensure parking structures at-grade and accessory parking garages are architecturally compatible with the main structure and streetscape using architectural detailing. Response: NA.TPSS is not a parking facility. 17.3 Design a parking structure to provide visual interest to the street scape or adjacent property by providing the following: a. Commercial uses at the ground floor. b. Dense landscaping that provides variety, height, texture, and color. c. Landscaping and architectural features to parking entrances. d. Techniques found in the Blank Walls section of Architectural Design. Response: NA.TPSS is not a parking structure. 17.4 Ensure pedestrian walkways, ramps, and stairways associated with surface parking or parking structures are well-lit for safety with non-glare lighting to respect adjacent uses (see Kent Design &Construction Standards). Response: Achievable. 9 Personal Safeties and Security(Section 18 in Midway Design Guidelines) 18.1 Enhance public safety to foster 18-hour public activity. To accomplish this goal, utilize the following methods: a. Strategically locate pedestrian and streetscape lighting. b. Focus on key functional or aesthetic elements such as doorways, windows,signage, and architectural details. c. Design public spaces to have clear sight lines. Response: NA, part b and c.TPSS is enclosed and secured facility that is designed to obscure the view to inside. It is not accessible to the public. 46 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 18.2 Use reduced glare security lighting fixtures so as not to hamper the vision of pedestrians, bicyclists, drivers or adjacent property uses. Response: Achievable. 18.3 Consider motion-detector lights in areas not needing constant night lights. Response: NA. Lighting at TPSS will follow ST standard for security and maintenance requirement. It will require 24hr lighting. 18.4 Use landscaping that maintains visibility, such as short shrubs and pruned trees, so there are no branches below six(6)foot height at 10 years after installation. Response: Achievable. 18.5 Use creative ornamental grille as fencing or over ground floor windows wherever appropriate. Response: NA.The TPSS enclosure does not have ground floor windows. 18.6 Design parking areas to allow natural surveillance by maintaining clear lines of sight both for those who park there and for occupants of nearby buildings. Response: NA.TPSS wall enclosure has a parking space for a maintenance vehicle. This area is enclosed to meet the security requirements for a high risk area. Clear sight lines from the outside looking in shall be from above the wall, and at the gate. 18.7 Encourage "eyes on the street"through placement of windows, balconies and street level uses. Response: NA.The TPSS is fully enclosed and is only occupied for maintenance purposes, it will not contribute to "eyes on the street." 18.8 Ensure natural visibility of children's play areas and other semi-public spaces. Response: NA.The TPSS is fully enclosed and is only occupied for maintenance purposes, it will not contribute to visibility of any public spaces. 10 Signage(Section 19 in Midway Design Guidelines) Response: NA all of Section 19.The TPSS is an accessory structure screened and protected from the public. Signage for the station environment is addressed in the Midway Design Guidelines clarifications document for the Station. 11 Lighting(Section 20 in Midway Design Guidelines) 20.1 Encourage illuminating distinctive features of the building, such as entries, Signage, and areas of architectural detail and interest. Response: Achievable with clarification. The TPSS enclosure exterior may have accent lighting for aesthetic purposes and to contribute to security, as long as it is not climbable. Lighting will be oriented to prevent light spillover. 20.2 Ensure lighting fixtures complement the building facade. 47 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS Response: Achievable. 20.3 Utilize energy-saving night lighting. Response: Achievable. 20.4 Utilize downward-directed lighting at entries and along walkways so as not to cast glare into right of way and neighboring uses (see Kent Design &Construction Standards). Response: Achievable. Public and Semi-public 20.5 Street Lighting shall be non-glaring with cut off fixtures to minimize light spilling over onto adjacent properties or public ROW as specified in Kent's Design &Construction Standards (KDCS). If these guidelines and the KDCS conflict,the guidelines control. Response: Achievable. 20.6 Pedestrian-oriented lighting shall be used in all parks, plazas, or pathways to provide safety while minimizing light spillover on to adjacent properties. Response: NA. There are no public parks, plazas or pathways to light at the TPSS. The sidewalk will have pedestrian oriented station lighting, see the Midway Design Guidelines clarifications document for the Station. 20.7 Ensure flood lighting in delivery areas is directed downward to limit glare and is active only during the time of delivery; otherwise, security lighting in delivery areas or high risk areas shall be low wattage and directed downward to be sensitive to adjacent uses. Response: Achievable. 20.8 Ensure accent lighting is appropriate to and complements the overall character of the public or semi-public setting. Response: Achievable. 12 Landscaping and Open Space (Section 21 in Midway Design Guidelines) 21.1 Landscaping includes living plant materials,special pavements,trellises, screen walls, planters, site furniture and similar features that enhance the overall project design. Utilize the following guidelines: a. Select plant materials based on soil conditions and light exposure first,followed by form, texture and color to ensure an interesting landscape that will thrive within the niche in which have been planted. b. When selecting plant materials, utilize drought tolerance species and plants that support wildlife by creating habitat. c. Use similar landscaping construction materials,textures, colors or elements to fit into the surrounding context to achieve design continuity. Response: Achievable, all options. 48 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS 21.2 Create plazas and courtyards that are welcoming and comfortable for human activity and social interaction while moving through, as well as sitting and standing within. Amenities to consider are: a. Planters and trees b. Seating—benches,tables&chairs, low seating walls c. Special paving d. Bollards or other pedestrian lighting that accent the building and landscape,while facilitating pedestrian movement e. Public art f. Water feature Response: NA. Plazas will be provided at station area.TPSS is a secured facility that does not contain public spaces. 21.3 Take advantage of special on-site conditions such as slopes,view corridors, significant trees, nearby publicly owned greenbelts or open space, or adjacent private open space in the following manner: a. Support the creation of a passive and active open space that may include pooling on-site open space requirements to create larger spaces. b. Whenever possible, link semi-public spaces with adjacent public open spaces to facilitate movement from one place to another. c. Wherever possible, retain existing mature trees in a manner that ensures longevity. d. Street trees shall not be planted within 20 feet of any street light. (See Kent Design & Construction Standards). e. If a street has a uniform planning of street trees,or a distinctive species, install street trees that match the existing tree form or species (per KCC 6.10). Response: NA, part a.There are no public active open spaces at the TPSS. NA, part b.There are no semi-public spaces at the TPSS. NA, part c. Existing mature trees cannot be retained in this area. Achievable, part d &e. 21.4 Enhance the built form through the use of plant materials, paving and other features such as the following: a. Emphasize entries with special planting, decorative paving and lighting. b. Consider special features within a courtyard such as a fountain or pool. c. Consider integrating artwork into publicly accessible areas to evoke a sense of place. d. Distinctively landscaped open areas created by building modulation. e. Incorporate upper story planter boxes and roof planters. f. Encourage water features, including natural marsh-like installations. g. Where wheelchair ramps are provided on the street front, include a planting strip next to the sidewalk. Response: NA, part a.The TPSS is high voltage, and a secure private facility. There will not be a public entry to enhance. The enclosure walls will be compliant with 16.3 Blank wall treatments. 49 of 50 Sound Transit Midway Design Guidelines clarifications Part 3 of 3 -TPSS NA, part b. The TPSS will not have a courtyard or open space available to the public. Achievable with clarification,part c. Artwork may be applied on the enclosure wall or gate if the art selection team selects an artist for this area. Achievable with clarification, part d. The enclosure wall may exhibit modulation, and complementary landscaping shall be provided around the wall. NA,part e. The wall enclosure and the TPSS shall only be single story and no roof will exist. No planters will be applied on top of the wall or on top the TPSS. NA, part f. Water features are a hazard to this high voltage area, and will not be designed here. NA, part g. No public entry with a wheelchair ramp will be provided at this location. 50 of 50 EXHIBIT E: COLUMN TYPES City of Kent Development Agreement This Page Intentionally Left Blank Octagonal Column, East Link. i�u 3 q t 4 Ci '! d owe, . AV Octagonal Column, East Link. 4 rE 41 ✓ 4 y u U ^" En O w �, 1 A � c 7 A f } �r § 4 ! t �'l` xl r s d � 1 7 k Octagonal Column, ` East Link. " T s f' M I' u Y e, Y ' C z O U L J c O U Q L + .f � This Page Intentionally Left Blank EXHIBIT F: CODE VESTING City of Kent Development Agreement This Page Intentionally Left Blank DRAFT City of Kent Code References This table identifies codes which shall be vested by the City of Kent. The version of the code vested shall be the version that is adopted and in effect at the date of the execution of the Development Agreement, unless otherwise noted in this table.Vesting will apply to the FWLE light rail project and related transit amenities included in the Design-Build contract,and will not apply to alterations to commercial and residential type buildings impacted by the construction, nor development on future surplus properties. City of Kent—Codes and Standards International Code Council(ICC) with published or adopted state and local amendments: International Building Code(IBC)2015 International Mechanical Code(IMC)2015 International Fire Code(IFC)2015 International Fuel Gas Code(IFG)2015 International Energy Conservation Code(IECC)2015 American National Standards Institute(]CC/ANSI)A117.1-2009 Department of Justice ADA Standards for Accessible Design International Association of Plumbing and Mechanical Officials(IAPMO) Uniform Plumbing Code,2015 National Fire Protection Association(NFPA)standards with published or adopted state and local amendments: NFPA 10 Standard for Portable Fire Extinguishers 2013 NFPA 13 Standard for the Installation of Sprinkler Systems 2016 NFPA 14 Standard for the Installation of Standpipes Private Hydrant and Hose Systems 2013 NFPA 20 Standard for the Installation of Stationary Pumps for Fire Protection 2016 NFPA 25 Standard for Water Based Fire Protection Systems 2014 NFPA 54 National Fuel Gas Code 2015 NFPA 72 National Fire Alarm Code 2016 NFPA 110 Standard for Emergency and Standby Power Systems 2016 NFPA 111 Stored Electrical Energy Emergency and Standby Power Systems 2016 NFPA 130 Fixed Guideway Transit Systems 2017 NFPA 2001 Standard for Clean Agent Fire Protection Systems 2015 Kent City Code Title 6—Public Works Title 7--Utilities DRAFT City of Kent Code References Title 8—Health and Sanitation Title 9—Public Safety Title 11—Environmental Management Title 12—Planning and Land Development Title 13—Fire Prevention and Protection Title 14—Buildings and Construction Title 15--Zoning Other City of Kent Standards City of Kent Crosswalk Policy—Resolution No. 1931,Aug 2016 City of Kent Midway Design Guidelines, Dec. 2011 City of Kent Surface Water Design Manual, 2017 Kent Design and Construction Standards Manual, 2018/2019 Meeker Street: Streetscape Design &Construction Standards, 2018(for street lighting only) EXHIBIT G: LOC RIGHT-OF-WAY CROSS-SECTIONS City of Kent Development Agreement This Page Intentionally Left Blank T SouNDTRANsa July 14,2017 Ben Wolters Economic and Community Development Director City of Kent 400 West Gowe Street Kent,WA 98032 Subject: F al Way Link Extension Letter of Concurrence 004,City of Kent Right-of-Way Cross-sections Dea Mr. t � To meet th nd Transit Board's goal of starting revenue operations in 2024,it is critical that property acquisition activities begin immediately.Sound Transit anticipates requesting Board authorization to acquire numerous parcels in the City of Kent this August.A key activity is confirming that the roadway cross-sections to be improved by Sound Transit are of sufficient dimension to meet the expectations of city staff. Your staff reviewed previous drawings and provided comments.This submission identifies the changes and updates the drawings,showing overall width with representative cross-section elements,as generally agreed at the staff level through interagency work. The following roads are included in this package:30th Ave S,S 234th St,S 236th St,S 238th St,S 252"d St,the Emergency Access Road of 28kh Ave S, 26th Ave S/28th Ave S,and S 272nd St. Cross Section drawings for approval: • Exhibits K-A, K-B,K-C, K-D, K-2, K-3 and K-4 depict 30th Ave S,S 234th St,S 236th Stand S 238rh St. • Exhibit K-5 depicts S 252nd St. • and Exhibits K-7,K-8 and K-8a depict 28kh Ave S/26th Ave S and S 272^d St. Drawings included for reference only: • Plan sheets for the roadways listed above. [Reference-City of Kent_Plans.pdq • Draft City of Kent Right of Way(ROW) plans[xFWLE-DRAFT ROW Plans 20170712.pdfJ • Draft City of Kent ROW roll plots [AE 0044-12 ROW-Footprint Plot1_Angle Lake to KDM 20170406.pdf and AE 0044-12 ROW-Footprint Plotl KDM to 272nd 20170406.pdfJ • Illustrative Cross Sections for 30th Ave S [Reference_FWLE_Illustrative-X-Sec_30th Ave S.pdQ • Comments provided by Charlene Anderson with HDR responses[Comments,-City of Kent LOC_Charlene.pdfj • Comments provided by Rob Brown with HDR responses [Comments-City of Kent_LOC_Rob.pdfJ Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:(206)398-5000-FAX:(206)398-5499 www.soundtransltorg Sound Transit requests the City's confirmation that the Right-of-Way Cross-Sections shown in the exhibits to this letter are consistent with conversations between interagency staff thus far to allow Sound Transit to acquire the correct property required for Federal Way Link Extension. The plan and ROW sheets are included in this package for informational purposes only.Please indicate your concurrence by signing below and returning one copy of this letter to us by July 18,2017 so that property acquisition for the project can continue on schedule.This letter will be included in the Development Agreement subject to approval of the City Council.If you have any questions,please contact Dan Abernathy at(206) 398-5000 or dan.abernathy@soundtransit.org. c � Sincerely, ° f ` ,"�y �� rwilltio''' Dan Abernathy Federal Way Link Extension Director DECM Concurrence: City of K Ben Wolters Date Economic and Community Development Director City of Kent Exhibits: Cc: Doc Control Central Puget Sound Regional Transit Authority•Union Station 401 S.Jackson St.,Seattle,WA 98104-2826•Reception:(206)398-5000•FAX:(206)398-5499 www.soundtransit.org it I ii ne.�I iroP I I a I Mir o ----- --- --E1O WN—G KEM ROW S N � �b I z I O ag W y m , m I SS I I I E, I 2 I $w m I � I D I � I � i o `-as Z r os oo 0 Iq zCO m I N°c m N Z o m I U i z I EMSnNOKENT ROW I I I A I I I Q I F W O o0 � �w rg x F-0 , 7 m� aZ OS�o =p mm � �o �m P POSE EM ROW ---�— — ---SRO--OK —� z °° STTITA.— -- m m Xo 0 z %Z z z I 0 m z I m x I I I I I I In� ' I i I YI I F- I I m I = X W I Z �w p N~ O z w ZLLI U ZQ r_W I o � =� I � I i MOtl 1N3N•JNI13IX3 6 � I CJ N LL S I-r b� x 0 > ° I Z W I = 0 0 I i I mpg II I I ��N a U z §a E I N I I AtlM 11SNtltlL 1S I c I - aw.ArN.m. 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' __ _S N� M Q1 Oti rD 3 rt rD r� r rD h r+ 03 v i 0 . \ � \ 2 � > \ X W � | \ 2§ �} 2§ §/ -:it Z# (5 �■ a ' 2LU ] G \ / ! z \ ) i � , \ \ o <� U ` <»` \ \\ \ } t) � § | ^ i �) N i i \, \ \ \ -------�-- li � !� � \ � EXHIBIT H: STORMWATER MANAGEMENT CONCEPTUAL PLAN City of Kent Development Agreement This Page Intentionally Left Blank I'I c CL Z Z m V c 3 4 CD T< p ymo y0 � � IV O.O m d f m m CD yo CDNmCD n c a 1 D 0 i CD CL fig a _ � I p �a� 3 1 RIC c g. ' o m y s t a t (D cr w _ Q �c r, 01 s uI T y p Vl C)pl o mn � ° 3m m �x o CA < m v CD m m v (nCD F� �"r� ; N O { � cnCD r a CD CD CD X � �, °CL \ r' �1 ' a w c LL x U 1 m O Q 0 � w . aa� vM U U) Q a s w 16 i �E N m T=_ m A - >m CL o. '\ m CO .N LL s t IIISIj 8 I � y if I � I EXHIBIT I: PARKING MITIGATION City of Kent Development Agreement This Page Intentionally Left Blank ♦ ♦ U) Q f � ■ S 272nd Street ■ ■ ■ Station ■ ♦ t • ♦ S Kent 272ND ST 11 � ♦ Federal Way iL ♦� ♦♦ �♦ ♦# Uninc. King S •♦ ♦♦ County Legend Alignment Street Q Station City Boundary a ' 1/4 Mile Radius Potential Residential Parking Zone Area Data Sources:King County,Cih'es of Des Moines.Federal Way,Kent,SeaTac(2015). 712120181 FWLE_Ph3_2497451 DevelopmentAdgendaS272nd.mxd EXHIBIT N Parking Mitigation A S 272nd Street Station 0 200 400 800 Feet Potential Residential Parking Zone Area Federal Way Link Extension ♦+ •♦ 7�FS Rp ♦• ♦ U t ♦ ♦. Ke ni • • • Des Moines • • • Kent/Des Moines co Station ti o �f♦ S 240TH ST ♦♦ NOTE; On-Street Parking Study Area will include newstreetstonstructed as part of FLWE'Project,if parking is allowed(only after conditions studied). Legend —Alignment -Street Q Station —•—•City Boundary ' 1/4 Mile Radius On-Street Parking Study Area Data Sources:King Counly,Cifies of Des Moines,Federal Way,Kent,SeaTac(2015), 7/2/20181 FWLE_Ph3_249745I DevelopmentAdgendaDM.mxd EXHIBIT nN Parking Mitigation /V o zoo aoo 800 Feet KenVDes Moines Station On-Street Parking Study Area Federal Way Link Extension EXHIBIT J: PRELIMINARY PERMITTING PLAN This Page Intentionally Left Blank Federal Way Link Extension Project Preliminary Permitting Plan 1. Purpose The Preliminary Permitting Plan ("Preliminary Plan") is intended to provide a level of certainty and predictability for Sound Transit,the local jurisdictions, and the D-B Contractor as it relates to the Project permitting process. This Preliminary Plan was developed by Sound Transit in coordination with the City to establish a framework for the permitting of the Federal Way Link Extension Project ("Project") by the cities of SeaTac, Des Moines, Kent, and Federal Way. It is intended to inform the development of the Final Permitting Plan,which will be the responsibility of Sound Transit's eventual Design-Build Contractor("D-B Contractor".) This Preliminary Plan describes anticipated design submittal packages by type, quantity and a potential range of plan sheets. The type and number of potential permits required for the Project are also described. This Preliminary Plan also includes the anticipated time for City review and action on the submittal packages and permits The Preliminary Plan reflects Sound Transit's best efforts at anticipating D-B Contractor submittal packages, based on recent agency experience. It also reflects input from the local jurisdictions regarding the time, expressed in calendar days, needed for City action on the submittal. The commitment for timing of City action is based on assumptions outlined in the Preliminary Permitting Plan table (e.g., number of milestone submittals,total plan sheets per milestone submittal, number of permits, etc.) The Preliminary Plan is contingent on an adequate level of staffing as mutually agreed by the parties and captured in a Task Order under the City Services Agreement. It is understood by Sound Transit,the local jurisdictions, and will be understood by the D-B Contractor that,to the extent the Final Permitting Plan differs from these assumptions,the timing for City action will be negotiated between the City and the D- B Contractor. 2. Background Existing and anticipated agreements between Sound Transit and the local jurisdictions provide the basis for enacting the framework commitments of this Preliminary Plan—specifically,the forthcoming FWLE Development Agreement(anticipated to be complete for all cities by the end of 2018) and the City Services Agreement,executed in 2017. This Preliminary Plan is anticipated to be an exhibit to the Development Agreement and provide a basis for an understanding between Sound Transit and the cities regarding design review and permitting. The City Services Agreement sets forth the terms by which Sound Transit and the City will work cooperatively during design, permitting, and construction and provides the means for Sound Transit to enter into Task Orders with the City whereby financial compensation is provided. Sound Transit intends to continue to collaborate with the City to develop Task Orders as part of final design review and to use the Preliminary and Final Permitting Plans as the basis for staffing under future Task Orders. However,with the 100%submittal,the D-B Contractor will be responsible for the payment of permit fees to cover City staff time, and Task Orders will only be used to reimburse the City for dedicated Staff time pursuant to negotiated Task Orders.The high-level principles captured in this permitting plan are consistent across the jurisdictions to streamline the process for the D-B and reduce the level of effort. FWLE City of Kent Development Agreement- Exhibit J—Preliminary Permitting Plan 10.31.2018 3. Preliminary Plan Overview Design Packages Table: The "Design Packages" table in the Preliminary Plan identifies the anticipated design submittal packages as well as a range of total milestone submittals by design package that may be provided by the D-B Contractor at each milestone (i.e., Proposed Changes to the Preliminary Engineering Submittal (30%) and the 60%and 90%/100% Design Submittals.) • Column Heading: "Elements for Milestone Review" indicates the major subject of the submittal (e.g., civil, utilities,track, etc.) • Column Heading: "City Department/Division" indicates the City department/division anticipated to review the submittal. • Column Heading: "#of Milestone Submittals" provides a range of anticipated submittals for a specific element. • Column Heading: "Total Plan Sheets per Milestone Submittal" indicates the anticipated number of plan sheets that would be part of each milestone submittal. • Column Heading: "Turnaround Time per Package" indicates the anticipated City time to act on the milestone submittal in calendar days. The City's commitment for turnaround times is predicated on an estimated number of plan sheets per submittal, as indicated in the notes section. It is understood that the range of City turnaround times for a package is commensurate with the size of the submittal and that timing will change commensurate with the submittal, and based on the Final Permitting Plan from Sound Transit's eventual D-B Contractor. There are some submittals for which no City action is required. These submittals will be provided to the City for courtesy review. Permitting Packages Table: The "Permitting Packages"table in the Preliminary Plan provides a rough estimate of the type and number of permits that will need to be pulled by Sound Transit's eventual D-B Contractor,the City departments that will be involved in review, and whether the City intends to provide inspection services. The Project will secure all required permits, regardless of whether they are included in this table. • Column Heading: "Permit" indicates the permit type that is anticipated for the Project. • Column Heading: "City Department/Division" indicates the City department/division anticipated to approve the permit. • Column Heading: "City to Inspect" indicates whether the City intends to perform inspection services of Project elements constructed as part of the permit. • Column Heading: "#of Permits" provides a range of anticipated permits by type that may be required. • Column Heading: "Turnaround Time per Permit" indicates the anticipated City time to approve the permit in calendar days. Assumptions regarding timing for City permit approval were based on input and conversations with the local jurisdictions. Time to approve the various permit types by the City is expressed in calendar days. FWLE City of Kent Development Agreement- Exhibit J—Preliminary Permitting Plan 10.31.2018 4. Summary This Preliminary Plan provides the framework for development by Sound Transit's eventual D-B Contractor of a Final Permitting Plan.The final plan will be reviewed and approved by Sound Transit and the cities of SeaTac, Des Moines, Kent,and Federal Way as part of Project construction. The Development Agreement,to which this Preliminary Plan is an exhibit, documents commitments between Sound Transit and the individual cities for managing the design review process. The City Services Agreement, and the Task Orders issued pursuant to its terms, provide a mechanism for reimbursing the City for time spent reviewing design submittals at the Proposed Changes to the Preliminary Engineering Submittal (30%)and the 60%and 90%/100%completion levels. The eventual D- B Contractor will be responsible for payment to the Cities of permitting fees. The D-B contractor will also be responsible for development of the Project's Final Permitting Plan pursuant to Section 10.10 of the DA. FWLE City of Kent Development Agreement- Exhibit J—Preliminary Permitting Plan 10.31.2018 This Page Intentionally Left Blank v oa CD rD a o' z v r tD rt W v i Design Packages Permitting Packages a E E o 3 E E A Br az v E E c E V xs' E E l a o E u v E E m E < � Iq n.. •^ = E N < .+ �- .+ v ry n n n n n n n ,.� _ - E O ' E iE u u u._m=N v i e fi sv- 3 as E 3 E E w - 9 a - E E m c z _ E'3 w x a u a a > r a >» > > >>a> > r»> Y = E d p9 o=E~ E i0 3 u e M E E q _ m o - _Y m E E E Z ^o_Eur �a S°o o m I E e_5y u� jE c v 3 q _ E E v E c EXHIBIT K: APPROVED POTENTIAL CONTRACTOR HAUL ROUTES City of Kent Development Agreement This Page Intentionally Left Blank !>•I cra_ SEE DWG STD-CHP101 C7 1 OR 15 I 324orHSr t `All, I Z " iI CIO 1I fo 4m ems L /� it -S252NDSr p - i. soi g� 51 / 11 I V d _ nl 'U / / ail I If I m C L om a� � / �t WAY z m o D If n m3Z n w y zz H °a mam gm Wo C E Z O �0L. iA g / Z Z 1 /J� �" SEE DWG STD-CHP103 ZOWHO-OlS EJMO 33S x Wo r z `�lo Zp Z.1w O -- JV1V33j0 p ' U 0 y Z W r V o 3q�w z w 1 w z p J Z WO O ""'OZS `0 8 mo zo ol I� I hi .,J� o �I�l ► . p i ,�I �� SH19tZS I ► en i V �� 1► I; --_--- I Ygg �� S as ' N► a� z °� ► N: f � Z 1 � U 1 S w b �I Q w U Z O EXHIBIT L: APPROVED CONSTRUCTION DETOUR ROUTES City of Kent Development Agreement This Page Intentionally Left Blank a 0 0 3 ry Z Z 00 Wm y / _ Z W W U r a / N\ U JZR Zpp } W cr __ALNl10�,9N1H 3 ¢O ry yl �Z WZp dam ISH119,, a a W 5 mL 10 oco m I V a — -- -� o r 4A a h z o yo wi wygm w s? �-O _„ mgb o� w H92 5 ga a 99.3 W mF U < < w INR Z H sm m �Ho S20orNSr : m oy Tti x$ all 1-w yon (I oc5 L. � rszoarrisr' s / �s/. 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IT � w ocNp A Ica �$z�m fir""f'.cc•� p "a "�gy wJ s_-=izvosr '�m$'yP gS'" ofleA A � q � Cl1)'-KEN, nv. � � a' j-KING COUNN�' O Mi all m.1 �< yoz my j omm mcr `" �� p11 zmx O \\ mAK y0 � S - iN O —1 _— Y m a� G1 J f0 C O O C �1 hA m a s H c� • y , I II I \ 10 I I � e � 3 JA mr ^J'Ipr 1 IAI 21111 Nil J �ag 21, sit Am ry " m g " lit H"-H I m 1 m my r — s - �om ya� min ✓. \o I omm r Mi i fi 9 I I < ' I zO e� -� k SWWST 0 9 EXHIBIT M: OPERATIONS AND MAINTENANCE RESPONSIBILITIES City of Kent Development Agreement This Page Intentionally Left Blank to m g ° mm Hill Ag x C1 14 Z 2 m T J� N a t. --r N � c A o o Z - v �m m ki Z O� DC n m D Z O t k Y - oo� 2<O Z _r zzF` mzz mx 2QZ Z i SEE DWG L05-ONM152 Z g w s r— � lr - 11IIt7 �be.y wax LL O i _ z p o _ . s , r t j I I � 161 Z� Z I 1jL k O p IJ lllM ❑ J �1 y O �� I•" by 33 c4ogg �__ i N - � m � _ SODE. 22 Rol P G - N@ m - m b �Z $g N _ 1 g --- N � � , a z !! r m y$ 9�y q _ v o 0 o o — SEE DWG L05-ONM154 g 2 0 y n 6 fw �4 ZQQ W w KZz im FJZ JQZ —' O 73rc aw is f QQJ Z p� � y LLa n O 2 W O be 1 Y" 1 1 1 I` L 1 4 1 1 m v \ y J 4nz \ \ 8 w i $ o w \` z o. a LSlWNO-SOl`JMQ 33S 4 un�r[rc SEE DWG L05-ONM118 A / or Aj a o Q3j f a V m a O 0 / 0 \ Z z2� I �\ t O u mD mp y � y $ J Z N / Z to= m c r F z O 3 SEE DWG L05-ONM156 x GYw w.g _ y F Zr ao I --71 _ cl _ W W w p Z I I y _ ' O w 1 II I - I k, 1 ' N t� 1 1 n ; 1 � a Z b � O �z O go ° w o o w o w o k. r s a m a £SMNOSOI VM0 33S i 3 9 y s SEE DWG L05-ONM161 _p s I Tl- E s r ,a m<° y m k � E � I I N Imo N Im I m 1 m b F u _ ° O 3 N Z N D f 99 LT 4 � � H u N' 7 o � uz z -- 1 m= =z� I 1, �m m om amp Z 3 � SEE DWG L05-ONM158 N5 z W Oz wK N z2 Lu c - Z I aw 1' un N NCB d W � 'I LL �e: 7 ��d w � s x' _ — r 3r I m a w d > Z o N _ W � N 1 _ � p5 0 _Jp SS L W NO-SOl OMU 33S 4 8 n$ n$ p 7 � 0 op8g _ SEE DWG L05-ONM158 K goo r " Sri, I Q;' x m I V r ► ° dd J - 1 � n p � A I 1 1 1 ti k � - m u x� mo to ail r m rn m plc 1�z ID O_3— �a z2F ZrAA� �Q w m A yD px om �'"'"i - -- m R r i 3 Z 3 A 69tNNO-GOl OMO 33S E t w o a a II ti 3 z , z I s r s r tt u Q f �.� �O Q 05 O 11��{ K� �w -iv 7jl I ` w r i � w I II' I I I I w N I I j I J O k i 1 I 4 t x _� I s � � Y i £ Noun w r aw r � w O r � w a LS L W NO-50l OMO 339 i� m p� 9�f � E szo� s g N Ono_o n$ E o�$ s G" tiro g E m T � V N g 5 I- - a m z� H H N rn o O I`m' O SEE DWG L05-ONM162 SEE DWG L05.ONMI57 p Z mm m m� mm N 3�N y is oz ABC D y ;on mK O 0 Z 0y< 4[y m2 H2 lX'AZ A Zm my m Z D(n N Z Z 3 WENNO'M OMO 33S v z N S y Z.2 w Z 2 zi z F,oZ 1. 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J J / J i a o 't wp V � � y i J iR - 3 i 3 � ao 3 P - I � y n n i _ o I i I v I � I I I I I i I I T V m N z I � N s w �j I � 4— I I � I ` mnz_ z'z� zmZ - z I I �y � 3 SEE DWG L10-ONM256 1Pf!d,'.•,\\ - F� Z W Z O p � fez U�x O 1 F yr g w Y i /// y0 ui o $� g Q-1-L AVM mum i Q r e _ N � o r r w UP I o r N t a a $ 33 na f _ v m �— mp $ g i kf —————— --------- I ' 1 j ' } _ NEB 1 II I z , mm 1 aI -------------_ mT i p , y Z Z O ,'.I A= mT.D Z Z _ m o m +.iron y r zxw Z \ Y 50 Sw !!I _ SEE DWG L10-ONM256 � o ---------- w Ii zz C 03a o� v d Win t s d F z M.z w m "E } F ate„ I w g 3 g a � wGC10• m `ONMZ52 o ; go ti o TT i I ' V1• 1 _ 5 ' i z $ n ° no � 1 T n ► I N i 1 -i 1 N I j D, z O 0 >> �� Z m.§ >< 1 p m z N E 2 <� Y l' 2 ti SEE DWG L15-CEP301 s 3 RESOLUTION NO. 1977 A RESOLUTION of the City Council of the City of Kent, Washington, approving the Federal Way Link Extension Project Development Agreement between the City of Kent and Sound Transit. RECITALS A. This is a resolution of the City Council of the City of Kent approving a development agreement between the City of Kent and Sound Transit relating to the development of Sound Transit's Federal Way Link Extension Project. The development agreement is called the "Federal Way Link Extension Project Development Agreement between the City of Kent and Sound Transit" and is referred to herein as the Agreement. B. The Kent is a non-charter optional municipal code city incorporated pursuant to title 35A of the laws of the State of Washington, with authority to enact laws and enter into development and right-of-way agreements to promote the health, safety, and welfare of its residents. C. Sound Transit is a regional transit authority created pursuant to chapters 81.104 and 81.112 RCW with all powers necessary to implement a high capacity transit system within its boundaries in King, Pierce, and Snohomish Counties. 1 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit D. A development agreement is authorized by RCW 36.70B.170 through .210 ("Development Agreement Statute") and Kent City Code ("KCC") 15.08.450, and is necessary to facilitate permitting, construction, and mitigation for the implementation of Sound Transit's high-capacity transportation facilities and services. E. This Agreement addresses project development standards as defined in the Development Agreement Statute, including mitigation, design standards, review procedures, vesting issues, and other appropriate development requirements or procedures. The Agreement is intended to constitute a development agreement governed by the terms and conditions of the Development Agreement Statute and applicable Washington law and to provide the City and Sound Transit with certainty as to the type of Project that will be built and the type of mitigation that will be provided. Pursuant to RCW 36.708.170, it is entered into under the City's general police power and contracting authority, as well as the City's State Environmental Policy Act ("SEPA") mitigation authority. F. The Growth Management Act (Chapter 36.70A RCW) encourages efficient multimodal transportation facilities such as the Federal Way Link Extension Project (RCW 36.70A.020(3)) that are coordinated with local comprehensive plans, and requires that the City plan for and accommodate essential public facilities (RCW 36.70A.200) such as the Federal Way Link Extension Project. Likewise, the Growth Management Act grants authority to the City to impose reasonable permitting conditions on the Project and requires state and regional agencies to comply with the comprehensive plan and development regulations adopted by the City (RCW 36.70A.103; WAC 365-196-530; WAC 365-196-540). G. In November 2008, central Puget Sound area voters approved an extensive program of transportation projects to be implemented over 2 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit the 15-year timeframe from 2009 - 2023 known as the Sound Transit 2 (ST2) Plan. Among other projects identified for implementation, ST2 included the extension of the Link light rail transit system from SeaTac to i the cities of Kent and Des Moines. In November 2016, voters approved an additional program of transportation projects, known as the Sound Transit 3 (ST3) plan. The ST3 plan included, among other projects, the extension of the Link light rail transit system from its current terminus at the Angle Lake Station at S. 200' Street in the City of SeaTac to the City of Federal Way as part of the Federal Way Link Extension Project. H. The Kent City Council adopted the Midway Subarea Plan on December 13, 2011 via Ordinance No. 4009. The Plan conveys a range of actions that prepares the Midway area for the Project. The City also adopted Midway design guidelines and development regulations, and identified capital investments and other public and private strategies for transit nodes in the Project area. The City issued a Final Environmental Impact Statement in September, 2011, that along with the October 2010 Draft Environmental Impact Statement constitute the environmental review as required by the State Environmental Policy Act for adoption of the Midway Subarea Plan. I. On May 5, 2015, the City submitted a letter to the Sound Transit Board stating its preference for Sound Transit's preferred project alignment and profile which balanced stakeholder interests, maximized safety and promoted transit-oriented development consistent with the Midway Subarea Plan. J. In January, 2017, Sound Transit and the City signed a Memorandum of Understanding intended to address and document progress toward goals identified by the Sound Transit Board in Motion M2015-56, which directed Sound Transit staff to work with local 3 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit jurisdictions in the corridor to identify and obtain commitments for permitting processes that would provide certainty and predictability for the Project, such as use of completed Sound Transit Environmental documents and Federal Transit Administration mitigation requirements, establishing a consolidated permit process, amending and resolving technical code requirements that are impractical or infeasible, supporting and accommodating the light rail system in land use plans and development regulations, and allowing for extended vesting or duration of land use approvals. K. On January 26, 2017, the Sound Transit Board adopted Resolution No. 2017-02, which defined and selected the Federal Way Link Extension alignment, profile, stations, and associated infrastructure to be built between S. 2001h Street and the Federal Way Transit Center. This action also established the project definition for the Project's National Environmental Policy Act (NEPA) Record of Decision. L. On August 25, 2017, the City and Sound Transit executed a City Services Agreement establishing responsibilities for City participation in Project implementation and the means by which Sound Transit would reimburse the City for costs incurred for design review, permitting, and public right-of-way review and approval services as authorized by the terms of the City Services Agreement. M. Sound Transit is intending to deliver the Project as a design- build procurement and has been coordinating with the City in preparation for Project design and construction. In recognition of the multiple development permits and separate review processes, and the continuing potential for conflict, overlap, and duplication between such processes, the City and Sound Transit desire to consolidate permit and environmental review processes for the benefit of both parties and the public pursuant to 4 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit the development agreement authority provided in RCW 36.70B.170-.210 and KCC 15.08.450. In addition, the City recognizes the public benefits which will accrue to the City and community from development of the Project. N. Sound Transit has completed extensive environmental analysis of the Project in accordance with the NEPA and SEPA. Sound Transit completed the SEPA with the issuance of the Federal Way Link Extension Final Environmental Impact Statement on November 18, 2016. The Federal Transit Administration issued a Record of Decision (ROD) on March 6, 2017 and the Federal Highway Administration issued a ROD on March 9, 2017 concluding the NEPA process. 0. Sound Transit has adopted real property acquisition and relocation procedures and guidelines that comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 90-646, 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) and as implemented by the United States Department of Transportation (49 CFR 24), all of which establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced as a result of public works programs or projects of a local public body. Pursuant to these policies and its statutory authority, Sound Transit has acquired or will acquire such real property interests as are necessary to construct, maintain, and operate the Project. P. City staff negotiated several important points that ensure city interests are protected and the public interest will be served by this project. These include a fee-in-lieu for landscape maintenance in the right- of-way, meaningful participation in the surplus property process, 5 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit parameters for city review to protect staff resources, security measures to ensure clean and safe restrooms for transit riders, and an urban multimodal street grid that will meet the needs of all users. Q. Both Parties recognize the importance of extending the light rail system as part of the comprehensive program of regional transit improvements approved by voters and have mutually concluded that it is feasible to do so by 2024. Both parties will work in a collaborative effort to resolve any issues and risks to ensure that the Federal Way Link Extension Project begins operations by 2024. R. Pursuant to RCW 36.70B.200 and KCC 15.08.450.D, on November 6, 2018, the City held a properly noticed public hearing to consider the approval of the Agreement. The City Council determined that the proposed Project is generally consistent with the City's development regulations and that any departures therefrom provided by this Agreement are offset by the benefits to be received from the Project; and that the terms and conditions of the Agreement pay due regard to the criteria provided in KCC 15.08.450. S. By this resolution, the City Council approves of the Agreement and authorizes the Mayor to enter into this Agreement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. - Approval of Development Agreement. Pursuant to RCW 36.708.160, RCW 36.70B.200, and KCC 15,08.450, the City Council hereby approves the Federal Way Link Extension Project Development 6 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit Agreement between the City of Kent and Sound Transit, attached hereto as Attachment 1, and authorizes the mayor to sign the Agreement. SECTION 2. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this 6th day of November 2018. CONCURRED in by the Mayor of the City of Kent this 6th day of November 2018. DANA RALPH, MAYOR ATTEST: KIMBERLEY )KOMOTO, CITY RK APPROVED AS T FORM: ARTHU A FITZ 7CITY ATTORNEY 7 Federal Way Link Extension Project Development Agreement Between City of Kent and Sound Transit