HomeMy WebLinkAbout1665RESOLUTION NO. I 6 ~ 5
A RESOLUTION of the C1ty Council of the City of
Kent, Washington, authorizing the Mayor to enter into a
Development Agreement with Kent Station, L.L.C. for the
Kent Station property.
RECITALS
1. Pursuant to RCW 36.708.170-210, the City of Kent and Kent Station,
L.L C. have negot1ated a Development Agreement, a copy of which is attached and
Incorporated as Exhibit A.
2. The City provided notice of the first public hearing on this Development
Agreement as required by law, and further by providing written notice to parties of record
and by publishing notice of the public hearing in a newspaper of general circulation
w1thm the Kent region, the King County Journal prior to the date of the hearing.
3. The first public hearing on this Development Agreement was held on
Tuesday, December 16, 2003, at a special City Council meeting held in the Kent City
Hall.
4. At the close of the first public hearing and at the conclusion of d1scuss1on
on the matter by the Kent C1ty Council, the City Council deferred act1on on the matter in
order to undertake further rev1ew and to receive additional public input.
5. On January 20, 2004, the City Council held a second public hearing on
the proposed Development Agreement, the proposed Kent Station Real Estate Purchase
and Sale Agreement, and other Kent Station Matters.
6. After closing the public hearing and after further discussion at its January
20, 2003, meeting, the City Council authonzed the Mayor to enter into a purchase and
sale agreement with Kent Stat1on, LLC.
1 Kent Station Property-
Development Agreement Authorization
7. Once the purchase and sale agreement is executed between the parties,
1t is appropnate for the Mayor to execute this Development Agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
1. Council Authorization. Upon execution by all part1es to the purchase and
sale agreement for the Kent Station site, the Mayor of the C1ty of Kent is hereby
authorized to enter into the attached Development Agreement with Kent Station, L.L.C.
for the Kent Station property.
2. Severabilitv. If any section, subsection, paragraph, sentence, clause, or
phrase of this resolution is declared unconstitutional or invalid for any reason, such
decision shall not affect the validity of the remaining portions of this resolution.
3. Ratification. Any act consistent w1th the authority and prior to the effective
date of this resolution is hereby ratified and affirmed.
4. Effective Date. This resolution shall take effect and be 1n force
immediately upon its passage.
PASSED at a regular open public meeting by the City Council of the C1ty of
Kent, Washmgton, this CU> day of January, 2004.
January, 2004.
ATIEST:
CONCURRED in by the Mayor of the City of Kent th1s /JLo day of
2
. -.. ---
-' --'
J ·. / -. ~
---.:. .:. -........
... · .... /
/ ..................... ,.,..~ ,~
Kent Station Property-
Development Agreement Authorization
APPROVED AS TO FORM:
~lALf:Miel.
T6MRUBAKER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Besolution No. I(:, b5
passed by the City Council of the City of Kent, Washington, the dV day of January,
2004.
~ ~
BRENDA JACOBER, CLERK
......... _ ... -
..... -
.
-v -. ' . ~ -,.. -.:. .:. -.... _·
---'..1 --....... -----
3 Kent Station Property-
Development Agreement Authorization
EXHIBIT A
DEVELOPMENT AGREEMENT
1. PARTIES, PLANNING CONCEPT, RECITALS
1.1 PARTIES
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered mto effective the _ day of
=~--::::-:-==-::-=--' 2004, by and between the City of Kent, a Washington munictpal corporation ("Ctty") and
KENT STATION L L.C. a Washington hmited liability company (the "Developer"). For and in consideration of the
mutual covenants contamed herein, the Ctty and the Developer do hereby agree as follows regardmg the Kent
Station Property, which is more parttcularly descnbed m Exhibit A attached hereto and by thts reference
mcorporated herein ("Kent Statton Property").
1.2 CITY AUTHORITY
This Agreement ts based upon the City's police power, contracting power, and other authority, mcludmg
the authority to establish development regulations. This Agreement sets forth the tenns controlling in the
development of the Kent Station Property.
1.3 RECITALS
1.3.1 City of Kent. The Ctty of Kent is a noncharter code city incorporated under the laws of the
State of Washington, has authonty to enact laws and enter mto agreements to promote the health, safety, and welfare
of its citizens and thereby to control the use and development of real property within its JUrtsdtctton.
1.3.2 Prior Agreements and Approvals. The Kent Station Property ts the subject of a Real
Estate Purchase and Sale Agreement between the Developer and the Ctty, dated (the "Purchase
and Sale Agreement"); the Ctty's Planned Action Ordinance #3608 dated July 16, 2002 ("PAO"), and the MPD (as
defined in Section 2 below).
2. DEFINITIONS
The following terms shall have the followmg meaning. All capitahzed terms not otherwtse defined herem shall have
the same meamng as set forth m the Purchase and Sale Agreement
"Environmental Impact Statement" or "EIS" shall mean the Kent Statton Planned Action Supplemental
Environmental Impact Statement ("SEIS"), includmg the draft supplemental EIS dated Apnl23, 2002, and the final
supplemental EIS dated July 8, 2002.
"Infrastructure" means any roads, sidewalks, or other traffic related improvements
"Kent Station Property" means the certain real property located in the City of Kent, King County, Washington and
more particularly descnbed m Exhibtt A attached hereto and by thts reference incorporated herein.
"Master Planned Development" or "MPD" means the master planned development and subdivision approved by
the City.
"MPD Conditions" refer to the MPD Condittons approved by the City's Hearing Exarnmer m hts dectsion dated
January 16, 2003 and as implemented in this Agreement The list of conditions is attached as Exhtbit B.
"Parcel" or "Takedown Parcel" shall refer to the Initial Takedown Parcel (or Subsequent Takedown Parcels)
acquired from the Ctty pursuant to the Purchase and Sale Agreement
"Planned Action Ordinance" or "PAO" means that certain Planned Actton Ordinance No. 3608 passed by the
City Counctl on July 16, 2002, a copy of which is attached hereto as Exhtbtt C.
-1-
'
"Planned Action Site" means the area governed by the Planned Action Ordmance as defined in Section 3 of that
Ordinance.
"Project" means the types and amounts of uses Identified m the Master Plan Development application subnutted by
the Developer on November 13, 2002 and approved by the City on January 30, 2003
"Purchase and Sale Agreement" means that certain Real Estate Purchase and Sale Agreement dated
---:-:------:::-::-by and between City, as seller and Developer as purchaser, as the same may from time to time, be
amended, modified or supplemented.
"Utility, Private" means any utility owned and operated by entitles other than the City, mcluding but not linuted to
electric, cable, telephone, gas, and fiber optics.
"Utility, Public" means the following publicly owned and operated utilities. drinking water, sanitary sewer, and
storm water conveyances. Public utthtles do not include privately owned storm water detention/retention structures
or other privately owned water, sewer or storm water systems.
3. PROJECT ELEMENTS
3.1 PROJECT LOCATION
The Kent Station Property consists of approximately 18 216 acres of real property owned by Ctty. The
Kent Station Property is located m the Kent Station Planned ActiOn Site, an area located in the Ctty of Kent's
downtown.
4. LANDUSE
4.1 PERMITTED LAND USE AND DIRECTIVES
The City has approved an MPD for the Property. The MPD authorizes the uses and densities permitted to
be developed on the Property under this Agreement.
4.2 PHASING
The parties anticipate that the Developer will develop the Property in phases generally consistent with the
schedule set forth in the Purchase and Sale Agreement, including an l 0 acre imtlal phase, shown generally in
Exhibit D. To the extent that the boundaries of thts lO acre parcel are inconsistent with lots lines approved in the
MPD, the Developer will make the necessary modifications to complete the mitial phase development.
Developer may proceed with components anticipated 1n in each phase of the project, at any time and in any
order, as well as concurrently, subject to the phasing provisions as defmed in the Purchase and Sale Agreement,
provided that mitigation IS provided for as required under this Agreement, the PAO, and the MPD.
4.3 REGULATION OF USES
4.3.1 Approved Uses. Sites withm the Kent Station Property shall be used for
purposes allowed by the zomng for the Property and consistent wtth the MPD, the Purchase and Sale Agreement and
thts Agreement. The foregoing shall not, however, prevent Developer from constructing, owning, operating, leasing
or conveying real property within the Kent Station Property for servtce facilities consistent with the purpose of those
agreements and permits. At this time, no affordable housmg requirements apply to the Project
4.3.2 Compliance wltb Governmental Regulations. All uses and activities on each
site shall comply, at the sole expense of each owner, with all applicable govermnental regulations and the
-2-
development approvals issued for Kent Station. All uses and operations shall be earned out so as not to cause a
nuisance to adjacent sites.
4.3.3 Use Restrictions. Uses permitted on the Kent Station Property shall be subject
to the Covenants Conditions and Restrictions entered into by the City and the Developer.
4.4 PUBLIC AND PRIVATE OPEN SPACES
4.4.1 Intent. A central feature of Kent Station is providing open spaces for use by the public,
both on a daily basis and on a special event or special occasiOn basis. For purposes of this Agreement, there are two
types of open space within the Project: (l) public open spaces (consisting of dedicated street rights of way,
dedicated portiOns of sidewalks, and any other dedicated spaces), and (2) pnvate open spaces (consisting of plazas,
portions of sidewalks, the area known as the "Main Plaza", and other spaces outside of the public right-of-way but
having public access easements. All of these open spaces are intended for general use by the public. In add1tion, the
Kent Station Property merchants and/or the Developer may desire to conduct periodic sales and/or other promotional
events on the public open space and private open space, and the City may desire to conduct periodic community-
wide events using all or portions of the public open space and private open space.
4.4.2 Use of Public and Private Open Spaces for Special Events
4.4.2.1 By Developer. If a proposed use requires a formal perm1t from the City, the
Developer or any member thereof may submit applications to use public open space and/or alter public access over
pnvate open space m accordance with then current City regulations. The City will process and may approve,
condition or deny all such applications in accordance with its then applicable regulations. If a proposed use does not
require a formal permit, the Developer shall give 72 hours prior written notice to the City of such proposed use by
the Developer or Its members. The Developer shall be responsible for organization, security, cleanup, and other
related needs.
4.4.2.2 By the City. If the City desires to close or restrict public access to public or
private open space for temporary events pursuant to Section 4.4, the City shall file a written notice with the
Developer at least 72 hours prior to the event. As to private open spaces, the Developer will review the proposed
use and will not unreasonably withhold its approval. The C1ty shall be responsible for organization, secunty,
cleanup, and other related needs.
4.4.2.3 Examples. By way of example only, the types of uses that are expected to fall
under this Section 4.4 might include a Thanksgiving Day parade, winter holiday parade and tree lighting ceremony,
spring egg hunt, concerts, entertainment programs, street fairs, and sidewalk sales. The City and Developer shall
periodically determine an armual schedule for recurring events to facilitate plarming and coordmation.
4.4.3 Artwork In Public and Private Open Spaces. The City may purchase and place
artwork and outdoor sculptures in public open spaces and shall consult with Developer before final approval by the
City Council. The Developer may purchase and place artwork and outdoor sculptJires in private open spaces in
accordance with Developer policies.
4.4.4 Assignment to Owner's Association. The City acknowledges that Developer may
assign responsibility for management of private open spaces under Section 4 hereof to an Owner's Association. The
Developer shall notify the City in writing when that assignment occurs.
4.5 INFRASTRUCTURE AND UTILITY ISSUES
4.5.1 Utilities. The City shall construct the road mfrastructure Improvements Identified in
Exhibit E.
The City agrees to provide adequate water capacity to serve the initial phase of the Kent Station
Property as described in Section 4.2 and Exhibit D of this Agreement; however, the City will not guarantee
-3-
the adequacy of water pressure for frre suppression purposes. The City agrees to provtde adequate sanitary
sewer capacity to serve the initial phase of the Kent Station Property as described in Section 4.2 and
Exhibit D of this Agreement and the MPD, subject to any limitations that King County may impose on such
serv1ce. Storm drainage from the project will be directed to the 4th Avenue North conveyance system after
detention in Developer's pnvate on-site vaults per current Kent Stormwater Standards. The City concurs
with the type and size of detention system proposed m the Preliminary Drainage Report dated November
13, 2002 ("Drainage Report"), and the associated downstream analysis. Developer shall construct the on-
site vault and related components of the detention system according to the Drainage Report when the land
associated with each vault is developed. Developer shall have the right to establish a latecomer's agreement
to the extent authorized by law to recover a proportionate share of its costs for constructmg the on-site
vaults from properties benefiting from the vaults. Developer shall be responsible for payment of all hook
up and connection fees.
The Developer shall be responsible for all Pnvate Utilities. Developer shall pay all costs to install
Private Utilities to serve the Property, with no obligation on the City's part to pay any proportionate share
of that cost, even though the City could remain the owner of any portions of the Property that are not
subject to Developer's Initial or Subsequent Takedowns and even though the City might sell or otherwise
convey port1ons of the Property that are not subject to the Developer's Initial or any Subsequent Takedown
purchases.
4.5.2 Infrastructure. Developer shall construct the off-site improvements described in the
Plarmed Action Ordinance. Subject to the limitation in Section 5.1.5 ofth1s Agreement, Developer shall
have the right to establish a latecomer's agreement to recover its costs as other properties benefiting from
the offsite Improvements are developed. If the Developer elects not to construct any of these
improvements, Developer shall so notify the City in writing and shall pay the fee in lieu of construction as
specified in Section 5.1.5 of this Agreement.
4.5.3 Sidewalks. Pursuant to the MPD Conditions and during phasing of the project, a
temporary 12 foot sidewalk between Temperance and Smith Street will be constructed on the west side of
Raritsay Way with cement concrete and generally patterned so that it is consistent w1th the sidewalks
bordering the Sound Transit garage. In addition, 6 foot temporary asphalt sidewalks shall be constructed
on both sides of Ramsay Way to connect 4th Avenue and the permanent sidewalks in the initial phase of
the development. The design of the asphalt sidewalks shall be subject to approval by the Planning
Manager. The overall intent is to create a sidewalk pedestrian network that runs the entire length of
Ramsay Way.
4.5.4 Deceleration Lane (James Street). The City shall reserve an easement for the
deceleration lane on James Street.
5. CITY PROCESSING AND REVIEW
5.1 SEPA COMPLIANCE
5.1.1 Prior Environmental Review. The City prepared the SEIS regarding the Project. The
City also adopted the Plarmed Action Ordinance which sets forth the SEPA procedures and mitigation governing the
development of the Kent Station Property. Section 3E of the PAO identifies criteria which would qualify a project
application as a Plarmed Action, pursuant to RCW 43.21C.031(2)(a).
5.1.2 Project Environmental Review. The City shall base conditions on Planned Action
projects using the baseline mitigation set forth in the PAO, City codes, ordinances, development regulations and
standards, and applicable county, state or federal requirements and standards.
The Developer's MPD application includes more specific information regarding the amounts and
locations of proposed uses. The City has identified site-specific 1mpacts and mitigation based on this information.
This mitigation 1s included as conditions of the MPD.
-4-
In addition, further SEPA review may be required in connection with subsequent actions which
exceed the thresholds established in the PAO. Under the PAO, the City retains substantive SEPA authority to
address probable significant adverse environmental impacts not analyzed in the Kent Station EIS.
5.1.3 Vesting of Development Standards and Mitigation. Except as provided form Section
7.13, all development on the Kent Station Property shall be governed by the City land use controls and development
regulations in effect on the date that the Developer submitted its complete MPD application and shall remain vested
until June 30, 2013, unless otherwise provided by law. All initial phase development shall further vest to the City's
Construction Standards in effect on the date that the Developer submttted a complete MPD application. A copy of
the Construction Standards that were in effect on the complete MPD application date is attached as Exhibit F,
attached and incorporated by this reference. Construction on subsequent phases will be subject to the City's
Construction Standards in effect on the date Developer submits a complete building permit application and will only
apply to the specific project element to which the building permit applies. This Section 5.1.3 does not apply to fees,
rates and charges that are not Identified in the PAO and does not apply to reqwrements necessary for public health
and safety, including, without limitation, the Uniform Building Code, Uniform Fire Code, Umform Plumbing Code,
Uniform Electrical Code, and Uniform Mechanical Code. The Parties may extend the penod of vesting by
agreement. All development on the Kent Station Property shall be subject to design review under the version of the
Downtown Design Review Guidelines in effect when the first complete application for design review is submitted.
The City shall reserve authority to impose new or different regulations on the Kent Station
Property (I) to the extent required by a serious threat to public health and safety, (2) to comply with new
requirements of state or federal law, or (3) when the City reasonably believes in good faith that the City's approval
of a subsequent action under the terms of this Agreement or the Planned Action Ordinance would result in a decision
by a State or Federal administrative agency, or a Court of competent jurisdiction that the City failed to comply wtth
State or Federal laws or regulations.
5.1.4 Modificatlons of MPD. Requests for modifications of the approved MPD shall be made
m writing and shall be submitted to Planning Services in the manner and form prescnbed by the Planning Manager.
Any such request from the Developer shall include a general summary of how the proposed modification meets the
critena set forth in this Agreement. Determination of whether a modification is minor or major shall be made by the
Planning Manager withm ten (10) calendar days after receipt of Developer's written request for a modification. In
making the determmation, the Planning Manager shall apply the following guidelines, and follow the process
described in Section 5.1.4.1 and Section 5.1.4.2 below. The initial determination of whether a modification is major
or minor shall be determined by the Planning Manager. The criteria for approval of a request for a change deemed
to be a major modification shall be those general criteria covering original approval of the MPD wh!ch is the
subject of the proposed modification.
5.1.4.1 Minor Modifications. The Plarming Manager may fmd that changes to the
MPD such as lot line adjustments, minor relocations of buildings, landscaping, and open space features, and
changes in densities and types of use to be Minor Modifications if:
a. No substantial reduction in square footage of a land use (retail, office/education or housing) ts
proposed;
b. No change in the general location or number of vehicular access points that would increase traffic
impacts beyond those for which mitigation is provided in the P AO is proposed;
c. No substantial reduction in the amount of open space for the Project is proposed and no changes
inconsistent with the specific open space conditions in the MPD are proposed;
d. No substantial increase in the total amount of surface parking for the Project is proposed;
e No substantial decrease in floor area ratio or square footage for the Project is proposed; and
f. No mcreases in envtronrnental impacts beyond those for which mitigation is provided in the PAO
are proposed.
5.1.4.2 Major Modificatlons. Major modifications are those which are determined by
the Planning Manager in good fait)i to substantially modify the basic design, density or open >pace or to make other
sinular requirements or provisions, or to change the boundary of the MPD as origmally approved. The Planning
-5-
Manager and the Developer shall meet within ten (10) days after the Developer's receipt of the Planning Manager's
determination that the proposed modification is major to discuss the proposed modification. The discussions shall
include the basis for the Planning Manager's determination, and shall explore ways to modifY the proposal that
would remove it from the major modification classification. If the Planning Manager, after good faith discussions
w1th the Developer Within that ten ( 10) day period, still believes the proposed modificatiOn is maJor and the
Developer still desires to pursue it, then the modification shall be submitted to the Hearing Exammer. The Hearing
Examiner may review such modifications at a regular public hearing in accordance with the Hearing Examiners'
rules and regulations. If a public hearing is held, the process outlined in subsection (F) KCC 15.08.400 shall apply.
The Hearing Examiner shall issue a written decision to approve, deny or modifY the request. Such a decision shall be
final. Any appeals of this decision shall be in accordance with KCC 12.01.040.
5.1.5 Mitigation
Sections 3.D.5 (d) & (e) of the Planned Action Ordinance establishes certain offsite transportation
mitigation and road improvement requirements. The City Hearing Examiner's decision on the MPD requires that
the Developer fulfill these offsite transportation mitigation and road improvement requirements.
The above-referenced offsite transportation mitigation section would require the Developer to pay
approximately $1740.84 per p m. peak hour trip (based on $1086 per trip in 1986 dollars, adjusted by CPI with a
multiplier of 1.63) for a total payment of$1,523,235.
Developer filed a Land Use Petition with the Kmg County Supenor Court to appeal the imposition of these
conditions under the Planned Unit Development (Case No. 03-2-17793-SKNT), and Developer has filed an appeal
with the Kent City Council, appealing the imposition of these conditions under the Preliminary Plat. Through a
settlement agreement, the City has determined that the conditions identified in Sections 5.1.5.1 and 5.1.5.2 of this
Agreement satisfy all required offsite transportation mitigation corridor fees payable for the peak hour trips and all
offs1te transportation road improvement requirements imposed under the PAO and the Hearing Exarruner's
Findings, Conclusions and Decision.
5.1.5.1 General Conditions
The following general conditions shall apply to the Project
1. As more particularly described in Section 6.1 of this Agreement, the Developer shall pay the City's annual
maintenance and operation charges that become due under the agreement between the City and Sound
Transit. Developer shall pay the actual cost charged to the City. This cost is currently estimated at
$75,000.00 per year.
2. As more particularly described in Section 4.5.1, the Developer shall pay all costs to install Private Utilities
to serve the Property and relinquish all rights to obligate the City, or subsequent purchasers of City-owned
property, to pay a proportionate share of the cost of that installation, even though the City-owned properties
will benefit from the installation of these private utilities.
5.1.5.2 Transportation Conditions
The following transportation conditions shall be perfonned before issuance of a temporary or final Certificate of
Occupancy on any Initial Takedown improvement:
I. Developer will construct the required offsite improvements to 4th Avenue N/S 228'h Street, or at
Developer's option, pay a fee of$216,547.50 in lieu of constructing those improvements.
2. Developer will construct the required offsite improvements to Central Avenue S/W Willis Street, or at
Developer's option, pay a fee of $163,814.70 in lieu of constructing those improvements.
3. Developer will construct the required offsite improvements to 2nd Avenue S/W Willis Street, or at
Developer's option, pay a fee of$3000.00 in lieu of constructing those improvements.
-6-
The following transportation conditions shall be performed when the total number of p.m. peak hour trips
attributable to the initial or subsequent takedowns exceeds 690 p.m. peak hour trips, and before issuance of a
temporary or fmal Certificate of Occupancy on those Takedown improvements:
1. Developer will construct the required offsite improvements to 4lh Avenue S/W Willis Street, or at
Developer's option, pay a fee of$148,589.10 in lieu of constructing those improvements.
2. Developer will construct the required offsite improvements to 41b Avenue N/W Harrison Street, or at
Developer's option, pay a fee of $96,000.00 in lieu of constructing those improvements.
As more particularly described in section 4.5.2 of this Agreement, Developer may establish a transportation
latecomer's fee arrangement to obtain reimbursement of a proportionate share of Developer's cost of offs1te
transportation improvements for properties within the Kent Station PAO area. Developer will waive those fees,
however, against all properties currently owned by the City that are included in the Kent Station PAO, regardless of
their future ownership.
The Environmental Mitigation Fee applicable to the Property for the City's 272"d/27i" Corridor will be $343.00
per p.m. peak hour trip for all trips generated up to a total of 1460 total trips. However, should the City implement
city-wide alternative transportation mitigation process, such as a transportatiOn impact fee process, the
Environmental Mitigation Fees imposed in the PAO and adjusted in this section will cease to apply to all Kent
Station development building permits applied for after the implementation of that altematJVe transportation
mitigation process. Such future developments would be subject to that newly enacted process.
All payable dollar amounts in thts section are stated in 2003 dollars and, commencing January 1, 2004, shall be
adJusted for inflation based on changes in the Consumer Price Index, U.S. city average for all urban consumers, or
the substituted index as prepared by the U.S. Department of Labor, from the index in effect on January l, 2003.
6. PARKING GARAGE
6.1 Maintenance and Operations Costs. Parking for the Kent Station Property shall mclude the
parking provided for in the Sound Transit Parking Garage as provided for in Exh1b1t G. Under that
agreement, the City will be required to pay its share of annual maintenance and operation costs
attributable to non-commuter use of the Sound Transit garage by the general public. Developer
shall pay the City's annual maintenance and operation charges that become due under the City's
agreement with Sound Transit. Developer's obligation to pay maintenance and operation charges
shall not be subject to Section 7.2.2 of this Agreement; however the Developer may assign thts
obligation with the consent of the City.
The City agrees that it will not allow parking spaces within the Sound Transit Parking Garage to apply
toward the parking requirements for any development other than for the Kent Station Property as generally depicted
in Exhibit A.
7. GENERAL PROVISIONS
7.1 GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Washington.
7.2 BINDING ON SUCCESSORS; ASSIGNMENT; RELEASE OF LIABILITY
7.2.1 Binding. This Agreement shall be binding upon and mure to the benefit of the
successors and permitted assigns of the Developer and the City.
-7-
7.2.2 Assignment. The City specifically acknowledges and understands that Developer may
partially assign its rights to acquire and develop a Takedown Parcel pursuant to and in accordance with the
provisions set forth in the Purchase and Sale Agreement to a third party who desires to construct and own their own
improvements in accordance with the terms and conditions of the Purchase and Sale Agreement, the MPD, and this
Development Agreement. Any such assignee shall be subject to the requirements of the Purchase and Sale
Agreement, the MPD and this Development Agreement. The Developer and any assignees may mortgage their
respective interests in Takedown Parcels, once acquired, but that mortgage shall be subject to the requirements set
forth in the Purchase and Sale Agreement, the MPD and this Development Agreement. The City also acknowledges
that the Developer may assign its obligations under Section 4.4 of this Agreement to an Owner's Association, as
more fully descnbed in Section 4.4.4 above.
Upon the transfer to a permitted assignee under this Section 7.2.2, the transferee shall be entitled to all
interests and rights and be subject to all obligations under this Agreement with respect to the Takedown Parcel(s)
affected by the transfer, but the Developer shall not be released of liability unless the conditions of subsection 7 .2.3
are met.
7.2.3 Release of Liability. In the event of an assignment under Section 7.2.2 of this
Agreement, the Developer shall be released of all liabilities and obligations under this Agreement as to the assigned
parcel(s) if the following conditions are met: (a) the Developer provides notice to the City of the proposed
assignment(s); (b) the assignee(s) has assumed in writing all obhgatJons under this Agreement with respect to the
Takedown Parcel affected by the transfer, and (c) the assignee meets the requirements set forth in the Purchase and
Sale Agreement. If the conditions for release are met under this subsection, then from and after the date of transfer,
the Developer shall have no further liability or obligation under this Agreement as to the assigned parcel prior and
after the date of assignment, and the assignee shall exercise the nghts and perform the obligations of the Developer
under this Agreement for that portion of the Property acquired by such assignee. If after release of liability a default
occurs relating to the transferred portion of the Property, such default shall not constitute a default by Developer nor
be a default as to any other portion of the Property not subject to the defaulted obligation. Notwithstanding any
other provision hereof, the Developer whose interest has been transferred through foreclosure or otherwise conveyed
under Section 7.14 relating to mortgagee rights shall be released of liability as to that portion of the Property from
and after the effective date of transfer of the affected portion of the Property through foreclosure or deed in lieu
thereof.
7.3 RECORDING
A memorandum of this Development Agreement shall be recorded against the Kent Station Property as a
covenant nmning with the land and shall be binding on the Developer, and its mortgagees, successors and pennitted
assigns. This Development Agreement shall automatically tenninate as it applies to any Takedown Parcel upon any
default by Developer under the Purchase and Sale Agreement or this Agreement for that Takedown Parcel, which is
not cured within the applicable cure period, if any, provided for under this Agreement or the Purchase and Sale
Agreement. Upon any termination by the City of the Purchase and Sale Agreement, Developer's rights under this
Agreement with respect to any Takedown Parcel not previously acquired by Developer shall tenninate and City
shall have the right following such tennination of the Purchase and Sale Agreement to amend, modifY, terminate or
extend the Development Agreement without Developer's consent. This Development Agreement shall otherwise
terminate as provided for in Section 7.13.2 of this Agreement.
7.4 INTERPRETATION; SEVERABILITY
7 .4.1 Interpretation. The parties intend this Agreement to be interpreted to the full extent
authorized by law as an exercise of the City's authority to enter into such agreements.
7.4.2 SeverabiHty. If any provisions of this Agreement are detennined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the parties to
the maximum extent allowable under law. If a court fmds unenforceability or invalidity of any portion of this
Agreement, the parties agree to seek diligently to modifY the Agreement consistent with the court decision, and no
party shall undertake any actions inconsistent with the intent of this Agreement until the modification to this
Agreement has been completed. If the parties do not mutually agree to modifications within forty-five (45) days
-8-
after the court ruling, then either party may initiate the dispute resolution proceedings in Section 7 .II for
determination of the modifications which implement the intent of this Agreement and the court decision.
7.5 AUTHORITY
The City and the Developer each represent and warrant it has the respective power and authority, and is
duly authorized, to execute, deliver and perform its obligations under this Agreement.
7.6 AMENDMENT
The Project may be modified as provided in Section 5.1.4. This Agreement shall not be modified or
amended without the express written approval of the City and the Developer except as provided in Section 7.2 of
this Agreement.
7.7 EXHIBITS AND APPENDICES
Exhibits A through Q are incorporated herein by this reference as if fully set forth.
7.8 HEADINGS
The headings in this Agreement are inserted for reference only and shaH not be construed to expand, limit
or otherwise modify the terms and conditions of this Agreement.
7.9 TIME OF ESSENCE
Time is of the essence of this Agreement in every provision hereof. Unless otherwise set forth m this
Agreement, the reference to "days" shall mean calendar days. If any time for action occurs on a weekend or legal
holiday, then the time period shaH be extended automatically to the next business day.
7.10 INTEGRATION
This Agreement together with the Purchase and Sale Agreement, Plarmed Action Ordinance, and MPD and
any exhibits or appendices to each of the foregoing represent the entire agreement of the parties with respect to the
purchase and development of the Kent Station Property. There are no other agreements, oral or wntten, except as
expressly set forth herein or therein.
7.11 DISPUTES; DEFAULT AND REMEDIES
7.11.1 Dispute Resolution. If the parties are unable to settle any dispute, difference or claim
arismg from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or
claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior
Court, King County, Washington, unless the parties agree in wnting to an alternative dispute resolution process. In
any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shaH pay all Its
legal costs and attorney's fees incurred in defending or bnnging such claim or lawsuit, in addition to any other
recovery or award provided by law. JURY TRIAL WAIVER: CITY AND DEVELOPER HEREBY WAIVE ANY
RIGHT TO TRIAL BY JURY OF ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE
DEVELOPMENT AGREEMENT, WHETHER NOW OR HEREAFTER ARISING AND WHETHER
SOUNDING IN CONTRACT, TORT OR OTHERWISE AND HEREBY CONSENT AND AGREE THAT ANY
SUCH CLAIM SHALL BE DECIDED BY TRIAL WITHOUT A JURY. EITHER PARTY HERETO MAY FILE
AN ORIGINAL COUNTERPART OR COPY OF THIS SECTION WITH ANY COURT AS WRITTEN
EVIDENCE OF THE WAIVER AND AGREEMENT CONTAINED HEREIN.
7.11.2 Default and Remedies. No party shall be in default under this Agreement unless it has
failed to perform under this Agreement for a period of thirty (30) days after receipt of written notice of default from
any other party. Each notice of default shall specify the nature of the alleged default and the marmer in wluch the
default may be cured satisfactorily. If the nature of the alleged default is such that it cannot be reasonably cured
-9-
within the thirty (30) day period, and if the defaulting party has commenced the cure within such time period, then
the parties may mutually agree to extend this time for the diligent prosecution of the cure to completion. Any party
not in default under this Agreement shall have all rights and remedies provided by law including without limitation
damages, specific performance or writs to compel performance or require action consistent with this Agreement.
7.11.3 Relief Against Defaulting Party or Portion of Property. In recognition of the
anticipated sale(s) by the Developer of portions of the Property to others to own, develop and/or occupy within the
Kent Station Property, the remedies under this Agreement shall be tailored to the Property or parties as provided in
the remaining provisions of this subsection. After the transfer of portions of the Property for which the release of
liability provisions apply under Section 7 .2.3, any claimed default shall relate as specifically as possible to the
portion of the Property involved and any remedy against any party shall be limited to the extent possible to the
owners of such portion of the Property. To the extent possible, the City shall seek only those remedies which do not
adversely affect the rights, duties or obligations of any other nondefaulting owner of portions of the Property under
this Agreement, and shall seek to utilize the severability provisions set forth in this Agreement. The City shall have
no liability to any person or party for any damages, costs or attorneys fees under this Section 7 .11.3 so long as the
City exercises reasonable and good faith judgment in seeking remedies against appropriate parties or porlions of the
Property. Nothing in this section modifies the liability or release thereof for the Developer as provided in Section
7.2.3.
7.12 AUTHORIZED AGENT
Developer hereby designates Joe Blattner its agent with authority to give notices, approvals and otherwise
act pursuant to this Agreement Unless otherwise stated by the Developer, representations and actions by Joe
Blattner shall bind Developer as to all property then owned by it within the Kent Station Property.
7.13 EFFECTIVE DATE AND TERM
7.13.1 Effective Date. This Agreement shall become effective upon execution by all parties and
by its adoption by the Kent City Council.
7.13.2 Term. The term of this Agreement shall continue until the earlier of any default under
this Agreement which is not cured within the applicable cure period, if any, provided, under this Agreement or the
Purchase and Sale Agreement, or June 30, 20 II, unless the Parties agree to extend it. However, all rights and
benefits conferred through the Planned Action Ordinance will expire as provided in Section 4 of the PAO, and all
rights and benefits under the PUD shall expire as provided by Kent City Code.
7.14 MORTGAGEE RIGHTS
Any bank or other financial institution who has loaned money to Developer to finance its acquisition or
development of a Takedown Parcel and who is the beneficiary of a deed of trust or mortgagee ("Mortgagee") of a
mortgage secured against all or any portion of the Kent Station Property (each, a "Mortgaged Parcel") shall be
entitled to notice of default and opportunities to cure as provided in this section. Any Mortgagee may provide
written notice to the City requesting a copy of all notices of default by Developer under this Agreement, or the
Purchase and Sale Agreement which relates to the Mortgaged Parcel. For each Mortgagee who has provided such
notice, the City durmg the remaining term in this Agreement shall notify such Mortgagee of any event of default by
Developer under this Agreement or the Purchase and Sale Agreement relating to the Mortgaged Parcel. Mortgagee
shall have the right, but not the obligation, to cure such event of default, within the times provided to the Developer
to cure any such default under this Agreement or the Development Agreement, and City agrees to accept such cure
from Mortgagee as if it had been provided by Developer. Failure of the City to notify Mortgagee under this section
shall not give rise to liability on the part of the City. Notwithstanding any other provision of this Agreement, this
Agreement shall not be terminated by the City as to any Mortgagee either (I) who has requested notice but has not
been given notice by the City or (2) to whom notice of default is given by the City and to which either of the
following is true:
-10.
(a) the Mortgagee cures a default involving the payment of money by the Developer withm
thirty (30) days after receipt of notice from the City that Developer failed to cure the monetary default within the
cure period set forth in Section 7 .11.2 above; or
(b) for defaults wh1ch require title or possession of all or any portion of the Property to effect
a cure, then:
(l) the Mortgagee agrees in writing, within SIXty (60) days after its receipt of
written notice of default, to assume all obligations of Developer with respect to the Mortgaged Parcels conditioned
upon the Mortgagee's acquisition of the Mortgaged Parcel by foreclosure (judicial or nonjudicial) or through a deed
in lieu of foreclosure;
(2) the Mortgagee commences foreclosure proceedings to acquire title to the
Mortgaged Parcel within sixty (60) days and thereafter diligently pursues the foreclosure to completion; and
(3) the Mortgagee (or any purchaser of the Mortgaged Parcel at foreclosure,
trustee's sale or by deed m lieu of foreclosure) promptly and diligently cures the default after obtaining title or
possession.
7.15 ESTOPPEL CERTIFICATE
Within thirty (30) days following any written request which any party or a Mortgagee may make from time
to time, the other party to this Agreement shall execute and deliver to the requesting person a statement certifying
that: ( 1) this Agreement is unmodified and in full force and effect, or stating the date and nature of any
modification; (2) to the best knowledge of the certifying party, no nonce of default has been sent under Section 7.11
ofth1s Agreement or specifying the date(s) and nature of the notice of such default Failure to deliver such statement
to the requesting party within the thirty (30) day period shall constitute a conclusive presumption against the party
falling to deliver such statement that this Agreement is in full force and effect Without modification (except as may
be represented by the requesting party) and that there are no notices of default nor mfraction (except as may be
represented by the requesting party). The delivery of estoppel certificate on behalf of the City pursuant to this
section shall be deemed an administrative matter and shall not require legislative action. The City shall not have any
liab1hty to the requesting party or to any third party for inaccurate information if it provides the estoppel certificate
in good faith and with reasonable care.
7.16 NO TWRD PARTY BENEFICIARIES
Except for the mortgagee rights under Section 7.14, this Agreement is made and entered into for the sole
protection and benefit of the parties hereto and their respective successors and assigns. No other person shall have
any right of action based upon any provision of this Agreement.
7.17 INTERPRETATION
Tbis 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 draftmg the document shall apply to the interpretation or
enforcement of this Agreement.
7.18 NOTICE
All communications, notices and demands of any kind which a party under th1s Agreement requires or
desires to give to any other party shall be in writing and either (i) delivered personally, (ii) sent by facsimile
transmission w1th an additional copy mailed first class, or (iii) deposited in the U.S. mail, certified mail postage
prepaid, return receipt requested, and addressed as follows:
If to the City: City of Kent
220 Fourth AvenueS.
Kent, W A 98032
-ll-
(f. I
with a copy to:
with copy to:
If to the Developer:
Attn: City Clerk
Fax: (253) 856-6725
City of Kent
220 Fourth Avenue S.
Kent, WA 98032
Attn: City Attorney
Fax: (253) 856-6770
Preston, Gates & Ellis LLP
IDXTower
925 Fourth Avenue, Suite 2900
Seattle, Washington 98101-1158
Attn: Enc S. Laschever
Kent Station L.L.C. c/oTarragon L.L.C.
Attn: Joseph D. Blattner
1000 Second Avenue, Smte 3200
Seattle, WA 98104
Fax: (206) 233-0260
Wtth a copy to:
Jameson Babbitt Stites & Lombard, PLLC
999 Third Ave., Suite 1900
Seattle, WA 98104
Attn.: Anne DeVoe Lawler
Fax: (206) 292-1995
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mat!, nonce shall be deemed
delivered 48 hours after deposited. Any party at any time by notice to the other party may designate a different
address or person to which such notice or communication shall be given.
7.19 COOPERATION
The parties shall not unreasonably withhold requests for information, approvals or consents provided for in
this Agreement. The parties agree to take further actions and execute further documents, either joilltly or within
their respective powers and authority, to implement the intent of this Agreement. The City agrees to work
cooperatively with the Developer to achieve the mutually agreeable goals as set forth in this Agreement, subject to
the City's independent exercise of judgrnen1:and subject to the tenns of the MPD the Kent City Code, and other
applicable governmental regulations that are not addressed in this Agreement.
7.20 DELAYS
If either party is delayed in the perfonnance of its obligations under this Agreement due to Force Majeure,
then perfonnance of those obltgations shall be excused for the period of delay. "Force MaJeure" shall mean "strikes,
riots, judicial actions by federal or state govermnental agencies that enjoin construction on the Property, acts of God,
war or acts ofterronsm.
-12-
7.21 SURVIVAL
The following sections or subsections of this Agreement shall survive the termination or expiration of this
Agreement: Section 4.4. Section 4.5 and Section 6.1.
APPROVED AS TO FORM
CITY ATTORNEY
CITY OF KENT, A Washington Municipal
Corporation
By:--=:-:---:-:::-----------Printed Name:, _____ _
Title:, ___________ _
Date: ______________ _
DEVELOPER
KENT STATION LLC, a Washington limited babihty
company
-13-
By: Tarragon L.L.C.,
a Washington limited habihty
Company, Its Manager
By ____________ _
Joseph D. Blattner
Manager
7
. .
EXHIBIT A
Kent Station Legal Description ( 24 pages)
PARCEL1
THAT PORTION OF PARCEL "A" DESCRIBED IN DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER KING COUNTY RECORDING NO. 2001 0209000549; AND TRACT "X"
DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER
RECORDING NO. 20010209000550; AND OF PARCELS "A", "8", "C", "D", AND "E" DESCRIBED IN
DEED FROM LEO G. BRUTSCHE AND NORMA J. BRUTSCHE TO THE CITY OF KENT UNDER
KING COUNTY RECORDING NUMBER 9905042556; AND OF TEMPERANCE STREET RIGHT OF
WAY IN THE PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN
VOLUME 16 OF PLATS, PAGE 89, RECORDS OF KING COUNTY, WASHINGTON; BEING A
PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SEC'(ION 24,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W M., IN KING COUNTY WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W .M. IN KING
COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID
SUBDIVISION TO A LINE PARALLEL WITH AND DISTANCE 30 FEET WEST OF, AS MEASURED
PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE
OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID WEST LINE A
DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X" AS DESCRIBED IN
QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY
RECORDING NO. 20010209000550;
THENCE CONTINUING SOUTH 01"38'30" WEST ALONG SAID WEST LINE A DISTANCE OF
133.00 FEET TO THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF RAMSAYS
ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS, PAGE 89,
RECORDS OF KING COUNTY, WASHINGTON;
THENCE NORTH 88°34'10"WEST ALONG SAID NORTH MARGIN, A DISTANCE OF 321.86 FEET
TO INTERSECT THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF SECOND
AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION AND THE POINT OF BEGINNING;
THENCE SOUTH 01 °38'03" WEST ALONG SAID NORTHERLY PROLONGATION AND SAID WEST
MARGIN 353 89 FEET TO A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET THROUGH A CENTRAL ANGLE OF 89.47'49" AN ARC DISTANCE OF 31.35 FEET;
THENCE NORTH 88.34'10" WEST 9.80 FEET TO INTERSECT THE ARC OF A CURVE TO THE
LEFT IN THE SOUTHERLY LINE OF A 60-FOOT WIDE TRACT OF LAND AS DESCRIBED IN
PARCEL "E" OF DEED UNDER KING COUNTY RECORDING NO. 9905042556, FOR A SPUR
TRACK OVER BLOCK 1 AND BLOCK 2 SAID PLAT OF RAMSAY'S ADDITION, THE CENTER OF
WHICH BEARS SOUTH 59°01'48" WEST 353.06 FEET DISTANT;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE AND CURVE TO THE LEFT
HAVING A RADIUS OF 353.06 FEET, THROUGH A CENTRAL ANGLE OF 51°09'55" AN ARC
DISTANCE OF 315.28 FEET TO THE CENTERLINE OF VACATED THIRD AVENUE NORTH, AS
VACATED BY CITY OF KENT ORDINANCE NO. 2779, RECORDED UNDER KING COUNTY
RECORDING NO. 8807130681;
THENCE NORTH 01°37'42" EAST ALONG SAID CENTERLINE 60.30 FEET TO INTERSECT THE
ARC OF A CURVE TO THE LEFT IN THE NORTHERLY LINE OF SAID 60-FOOT WIDE TRACT,
THE CENTER OF WHICH BEARS SOUTH 06"57'21" WEST 413.06 FEET;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND CURVE TO THE LEFT
HAVING A RADIUS OF 413.06 FEET THROUGH A CENTRAL ANGLE 50J1'31", AN ARC DISTANCE
OF 39.83 FEET TOA POINT OF TANGENCY IN THE SOUTH LINE OF LOT 11, BLOCK 1, SAID
PLAT OF RAMSA YS ADDITION TO THE TOWN OF KENT;
THENCE NORTH 88°34'1 0" WEST ALONG THE SOUTH LINE OF SAID LOT 11 AND WESTERLY
PROLONGATION THEREOF A DISTANCE OF 220.06 FEET TO INTERSECT THE EAST LINE OF
THE WEST 29 FEET OF LOT 2, BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE TOWN
OF KENT;
THENCE NORTH 01°37'15" EAST ALONG SAID EAST LINEA DISTANCE OF 25.00 FEET;
-------------
THENCE NORTH 88°34'10" WEST A DISTANCE OF 15.00 FEET TO INTERSECT THE EAST LINE
OF THE WEST 14 FEET OF LOT 2, BLOCK 1, SAID PLAT OF RAMSAYS ADDITION TO THE
TOWN OF KENT; SAID EAST LINE BEING 47 FEET EAST OF, AS MEASURED PERPENDICULAR
TO, THE CENTERLINE OF FOURTH AVENUE NORTH;
THENCE NORTH 01°37'15" EAST ALONG SAID EAST LINE AND NORTHERLY PROLONGATION
THEREOF A DISTANCE OF 124.94 FEET TO INTERSECT.THE NORTH MARGIN OF
TEMPERANCE STREET IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT;
THENCE NORTH 01°37'08" PARALLEL WITH THE CENTERLINE OF FOURTH AVENUE NORTH A
DISTANCE OF 303.04 FEET; THENCE NORTH 46°37'26" EAST 25.36 FEET; THENCE SOUTH
88.22'52" EAST 278.79 FEET TO A POINT OF CURVE;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 267.00
FEET; THROUGH A CENTRAL ANGLE OF 90000'55", AN ARC DISTANCE OF 419.47 FEET TO A
POINT OF TANGENCY IN THE NORTHERLY PROLONGATION OF THE WEST MARGIN OF
SECOND AVENUE NORTH IN SAID PLAT OF RAMSAYS ADDITION TO THE TOWN OF KENT;
SAID POINT BEING 52.04 FEET NORTH OF THE POINT OF BEGINNING AS MEASURED
ALONG THE NORTHERLY PROLONGATION OF SAID WEST MARGIN;
THENCE SOUTH 01.38'03" WEST ALONG THE NORTHERLY PROLONGATION OF SAID WEST
MARGIN A DISTANCE OF 52.04 FEET TO THE POINT OF BEGINNING.
CONTAINING 285,651 SQUARE FEET MORE OR LESS.
:::1
47'
_!IAM_fff__$~r,_ __ .j NE COR NWI/4 N£1/4
: 24-22-4
I
I
I
_J !-JO'
I~ 1 ...
l" ~ I I~ SCALE: 1" = 200'
I I~ 0 100' 200' 400'
~
,I ....
I I LINE TABLE
-=:l-[§6' ____ _
=rF=--::-,1
__ JL_ U
I I "'·I --it-~
--J.t'tJ ..c.. IQ, I \>n ~Q-~ n-#'7[0---~ -~rl 'I Jt~~'::l_"l r --; c---Jr---~ h __ j
LINE LENGTH BEARING
Ll 52.04' NOt"38'0J"£
L2 25.36' N46"37'26"£
LJ 15.00' N88"34'10"W
L4 25.00' NOT:J7't5"E
L5 60.30' NOt "37'42"£
L6 9.80' NBB:J4'10"W
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1 3983' 413.06' L1=5"31'31"
C2 31.35' 20.00' L1=89'47'49_"_
THIS E:XHIBIT HAS BEEN PREPAR£0 TO ASSIST IN THE INTCRPRE:TATION OF
THE LEGAL DESCRIPTION. THE: LEGAL DESCRIPTION SHALL PREVAIL 1\ffEN
CONFLIC TINC INFORM A TION BE TWt:EN THE: LEGAL OE:SCRIP TION AND THE:
EXHIBIT ARE FOUND
~
J.... I
~ ~
.... ~
~
(.) lJ...
Cl: 0 ~ )...
J.... -0.:
(.) e
~
t::
(l -IWIAGEl GUS OSTE:IIBACK
DI!SIGN!D<
CAlm-TJO
Clllti:IIJ, u:c
DATI. 10/25/02
St.W!: uom.: ,·.zoo· mr.
JOB NVKBBR
01-225
SHm NUKBU , rst1
page 1
Triad Standard Prototype Settings
Project: 01225 . Fri October 25 16:03:34 2002
Parcel Map Check
---------------------------------------------------------------------------
Parcel name: PARCEL-l
North: 143363.8148
Line Course: S 01-38-03 W
North: 143333.8270
Line Course: S 01-38-03 W
North: 143010.0687
Curve Length: 31.35
Delta: 89-47-49
Chord: 2 8 . 2 3
Course In: N 88-21-59 W
RP North: 143010.6389
End North: 142990.6451
Line Course: N 88-34-10 W
North: 142990.8898
Curve Length: 315.29
Delta: 51-09-56
Chord: 304.91
Course In: S 59-01-48 W
RP North: 142809.2089
End North: 143158.9482
Line Course: N 01-37-42 E
North: 143219.2239
Curve Length: 39.83
Delta: 5-31-31
Chord: 39.82
Course In: S 06-57-21 W
RP North: 142809.2041
End North: 143222.1353
Line Course: N 88-34-10 W
North: 143225.1596
Line Course: N 88-34-10 W
North: 143227.6292
Line Course: N 01-37-15 E
North: 143252.6192
Line Course: N 88-34-10 W
North: 143252.9937
Line Course: N 01-37-15 E
North: 143347.8957
Line Course: N 01-37-15 E
North: 143377.8837
Line Course: N 01-37-08 E
North: 143530.8026
Line Course: N 01-37-08 E
North: 143680.8027
East : 1653092.9906
Length: 30. oo
East :
Length: 323.89
East :
Radius:
Tangent:
Course:
Course Out:
East
East
Length: 9. 80
East
Radius:
Tangent:
Course:
Course Out:
East
East :
Length: 60.30
East :
Radius:
Tangent:
Course:
Course Out:
East :
East :
Length: 121.14
East
Length: 98.92
East
Length: 25.00
East
Length: 15.00
East
Length: 94.94
East
Length: 30.00
East
Length: 152.98
East :
Length: 150.06
East :
1653092.1350
1653082.8984
20.00
19.93
s 46-31-56 w
s 01-25-50 w
1653062.9065.
1653062.4072
1653052.6103
353.06
169.02
N 56-33-10 W
N 07-51-52 E
1652749.8836
1652798.1928
1652799.9063
413.06
19.93
N 85-48-25 W
N 01-25-50 E
1652749.8830
1652760.1951
1652639.0929
1652540.2037
1652540.9108
1652525.9155
1652528.6009
1652529.4495
1652533.7713
1652538.0107
page 2
Triad Standard Prototype Settings
Project: 01225 Fri October 25 16:03:34 2002
Parcel Map Check
Line Course: N 46-37-26 E Length: 25.36
North: 143698.2196 East
Line Course: S 88-22-52 E Length: 278.79
North: 143690.3434 East :
Curve Length: 419.47 Radius:
Delta: 90-00-55 Tangent:
Chord: 377.65 Course:
Course In: S 01-37-08 W Course Out:
RP North: 143423.4500 East
End North: 143415.8358 East
Line Course: S 01-38-03 W Length: 52.04
North: 143363.8169 East
1652556.4439
1652835.1226
267.00
267.07
S 43-22-25 E
S 88-21-57 E
1652827.5796
1653094.4710
1653092.9869
Perimeter: 2274.15 Area: 285,650.97 6.56
Mapcheck Closure -(Uses
Error Closure: 0.0042
Error North: 0.00216
Precision 1: 541,466.67
listed courses, radii, and deltas)
Course: N 59-18-48 W
East : -0.00365
PARCEL2
THAT PORTION OF PARCEL "A", "B", AND "C", DESCRIBED IN DEED FROM BORDEN CHEMICAL
TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 2001 0209000549; AND TRACT
"X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY OF KENT
UNDER RECORDING NO. 20010209000550; BEING A PORTION OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.,
IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST. W.M. IN KING
COUNTY, WASHINGTON; THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID
SUBDIVISION TO A LINE PARALLEL WITH ~D DISTANCE 30 FEET WEST OF, AS MEASURED
PERPENDICULAR TO, THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST
QUARTER, SAID PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE
OF FIRST AVENUE NORTH; THENCE SOUTH 01°38'30" WEST ALONG SAID WEST LINE AND
EAST LINE OF SAID PARCELS "/1\', "B", AND "C" A DISTANCE OF 762.45 FEET TO THE
NORTHEAST CORNER OF TRACT "X" AND A POINT ON THE ARC OF A CURVE TO THE RIGHT,
THE CENTER OF WHICH BEARS NORTH 42°48'33" WEST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44
FEET, THROUGHACENTRALANGLE OF 04"39'28", AN ARC DISTANCE OF 21.58 FEET TOA
LINE PARALLEL wrrH AND DISTANT 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING;
THENCE SOUTH 01°38'30-WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET TO
A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET, THROUGH A CENTRAL ANGLE OF 89"47'20" AN ARC DISTANCE OF 31.34 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 20.50 FEET NORTH OF, AS MEASURED
PERPENDICULAR TO, THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS, PAGE
89, IN KING COUNTY, WASHINGTON;
THENCE NORTH 88°34'10" WEST ALONG SAID PARALI.EL LINE A DISTANCE OF 201.87 FEET
TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT
HAVING A RADIUS OF 18.00 FEET, THROUGH A CENTRAL ANGLE OF 90.12'13" AN ARC
OIST ANCE OF 28.34 FEET TO A POINT OF TANGENCY, SAID POINT BEING 38.56 FEET NORTH
OF THE NORTH MARGIN OF TEMPERANCE STREET AS MEASURED ALONG THE NORTHERLY
PROLONGATION OF THE EAST MARGIN OF SECOND AVENUE NORTH IN SAID PLAT OF
RAMSAY$ ADDITION TO THE TOWN OF KENT;
THENCE NORTH 01"38'03" EAST ALONG SAID NORTHERLY PROLONGATION A DISTANCE OF
13.25 FEET TO A POINT OF CURVE:
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 333.00,
THROUGH A CENTRAL ANGLE OF 90"00'55" AN ARC DISTANCE OF 523 16 FEET;
THENCE NORTH 88~2'52" WEST 280.62 FEET;
THENCE NORTH 44°08'44" WEST 25.19 FEET;
THENCE NORTH 00°05'23"EAST 163:78 FEET;
THENCE NORTH 06°56'26" EAST 89.62 FEET TO INTERSECT A LINE PARALLEL WITH AND 9.00
FEET EAST OF EAST LINE OF FOURTH AVENUE NORTH AS APPROPRIATED BY CITY OF KENT
UNDER SUPERIOR COURT CAUSE NO. 706251;
THENCE NORTH 01037'08" EAST ALONG SAID EAST LINE A DISTANCE OF 97.51 FEET.
THENCE SOUTH 881122'52" EAST 15.00 FEET;
THENCE NORTH 01 ~37'08" EAST 25.00 FEET;
THENCE NORTH 88"22'52" WEST 15.00 FEET;
THENCE NORTH 01° 37'08" EAST 31.08 FEET;
THENCE NORTH 4S030'20" EAST 44.40 FEET TO THE SOUTH LINE OF THE NORTH 52.50 FEET
OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 24;
THENCE SOUTH 88"36'27" EAST ALONG SAID SOUTH LINE A DISTANCE OF 820.00 FEET;
' d
THENCE SOUTH 34°49'00" EAST 27.89 FEET TO INTERSECT A LINE PARALLEL WITH AND 16
FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID PARCELS "A", "6", AND "C";
THENCE SOUTH 01 038'30" WEST ALONG SAID EAST LINE 30.00 FEET;
THENCE NORTH 88"21 '30" WEST 10.00 FEET:
THENCE SOUTH 01°38'30"WEST 10.00 FEET:
THENCE SOUTH 88"21'30" EAST 10.00 FEET TO THE EAST LINE OF SAID PARCELS "A", ·s·,
AND "C";
THENCE SOUTH 01°38'30" WEST ALONG SAID EAST LINE A DISTANCE OF 661.85 FEET TO
THE TO THE POINT OF BEGINNING.
CONTAINING 507.848 SQUARE FEET MORE OR LESS
}
JAMES _SI, __ _
., ... ~~ .
-,
820.00'
I
N8834'IO"!!'N3 I
20ts>_ ~ ~r--::=rr=f~ ~L~4~1
N£ COR NWI/4 NEI/4
24-22-4
sqALE: 1" = 200'
0 10G' 200' -400'
I : I I
'
, CURVE: TABLE"
CURl£ l.ENCTH RADIUS I DfLTA
Cl J1J,J4' 20.00'1 Li~89'47'20"
C2 28J.J4' 20.00'1 i!J.•90,2't"-"
iUNC TAflL£
LINE I LENGTH StARING
Ll IJ.25' NOr.JB'OJ"t:
L2 I 25-19' N44'08'-4-4"1i'
L.J ' 81.62' N06'S6'26"£
Ul 97.51' NOI'.J7'08"£
L.S I 15.00' N88'22'52"W
L6 25.00" NOI37'DB"£
L7 t5..00"
L8 Jl.otl' NOI ':J?'DIJ'
L9 44..40' N46'.10'M'
LIOI 21.89' N.J4'49 '00 l!'
L11 , .JIUJO' NOI'.JB'.JO"£
U2 I 10.00' N88'21'JO"i!'
LIJ 10.00' N0l'J8'JO"£
Ll4 10.00' N88'21'.JO"W ~~~ "',............ -:1 THIS eXHIBIT HAS BfCN PREPARE:D' TO ASS7ST IN THE INTERPRf:TATION OF THC: at_ ,c.,r:,. <{ I I LeGAL DESCRIPTION. THE: LCCIIL DESCRIPTION SHALL PRt:VAIL 'MIE:N CONTUCTING
ii!J.~ -rl , INFOIIMA TION Bfl"WfDV THE: Lt:rlAL i0£SCRIPTION IINO THt: £XHf81T ARC: FOUNll
~RMP. -11814116Ul Ava NE
Klii<Uind, WA 98034-8923
• e
...... I'
~ ;
('.! ~
iii 1.1.. u
Q: 0 ~ )...
......
ti ~ lC
~
t
<l -IIANICIII GUS OSTCRBACK
DIS!llNII• -· rJO
CRIICII1I: u:c
JI,IIJ• ll/118fil2
SClll IKIIIU.=. I '"-200•
flltT.·
101 JtUlfllll
01-225
!IIII:IINKIIR
1 ., 1
page 1
Triad Standard Prototype Settings
Project: 01225 Fri Novembe·r Oil 08:43:01 2002
ParceJ Map Check
~----------------------------------------------------------------------
Parcel name: PARCEL-2
North: 143474.7827 East : 1653402.1505
Line Course: S 01-38-30 W Length: 78.23
North: 143396.5848 East :
Curve Length: 31.34 Rad~us:
Delta: 89-47-20 Tangent:
Chord: 28.23 Couroe:
Course In: N 88-21-30 W Course Out:
RP NoL·th: 143397.1578 East :
End North: 143377.1640 East :
Line Course: N BS-34-10 W LengLh: 201.87
North: 143362.2037 Eaol :
Curve Length: 28.34 Rad~us:
Delta: 90-12-13 Tangent:
Chord: 25.50 Course:
Course In: N 01-2!:1-SO E Course Out:
RP North: 113400.1981 East
End North: 143400.7115 East :
Line Course; N 01 38·03 E Length: 13.25
North: 143413.9561 East :
Curve Length: 523.16 Radius:
DeltQ: 90-00-55 Tangent:
Chord: 471.00 Course:
Cuurse In: N 88-21-57 W Course Out:
RP North: 143423.4525 East :
End North: 143756.3196 East :
1653399.9093
20.00
19.93
s 46-32-10 w
s 01·25-50 w
1653379.9176
1653379.4182
1653177.6112
18.00
18.06
N 43-28-04 W
N 88-21-57 W
1653178.0605
1653160.0679
1653160.4457
333.00
333.09
N 13-22-25 W
N 01-37-08 E
1652827.5812
1652836.9888
-r.ina---Course:-N-88-22-52---w---Len~~;;h:-2B<h62--------
North: 143764.2474 East : 1G52556.4BOB
Line Course: N 44-08-44 W Le11gth: 25.19
North: 143782.3?31 East : 1652538.9364
Line Course: N 00-05-23 E Lenglh: 163.78
North: 143946.1029 East 16525:i9.1929
Line Course: N 06·56-26 E Length: 89.62
North: 144035.0661 East 1652550.0::.!2!:1
Line Course: N 01-37-08 R r.angth: 97. Sl
North: 144132.~312 East 1652552.7773
Line Course: S 88-22-52 E Length: 15.00
North: 144132.1134 ~ast 1652567.7713
Line Course: N 01 37-0B E Length: 25.00
North: 144157.1035 East 1652568.4776
Line Course: N 88-22-52 W Length: 15.00
North: 144157.5272 East 1652553".1835
Line Course: N 01-37-08 E Length: 31.08
North: 144188.5918 Bast 1652554.3616
·-;,
Triad Standard Prototype Settings
Project: 0122.!:i Fri November
Parcel Map Check
Line Course: N 46·30·20 E Length: 44.40
North: 144219.1546 East 1652566.5712
Line Couz:~:>e: S BB-36-27 E LengLh: 820.00
North: 144199.2276 East 1653406.3290
Line course: S 34-49-00 E Length: 27.89
North: 144176.3303 East 1653422.2529
L~ne Course: s 01-38-30 w Length: 30.00
North: 144146.3427 East 165~421.3934
Line Course: N 88-21-30 W Length: 10.00
North: 144146.6291 East 1653411.3975
Line Course: s 01-38-30 w Length: 10.00
North: 144136.6332 .l:!!aet 16!)3411.1110
Line Course: S 88-21-30 E Length: 10.00
North: 144136.3468 East 1653421.1069
Line Course: s 01-38-30 w Length: 198.00
North; 143936.4260 East ; 1653415.4345
Line Course: s 01-36-30 w Length: 235.00
North: 113703.5245 East : 1653408.7021
Line Course: s 01-38-30 w Length: 228.85
North: 143474.7684 East 1653402.1459
Perimeter: 3233.12 Area: 507,647.56 11.66
Mapcheck Closure -(Uses
F.rror Closure: 0.0150
Error North: -0.014/7
Precision 1: 215,542.00
listed courses, radii, and deltas)
course: s 18-00-45 w
Ea!'it : -0.00464
page .?.
OS 09:43:01 2002
SANITARY SEWER EASEMENT AREA
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON LYING WITHIN
A 15-FOOT WIDE STRIP OF LAND, BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERINE:
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 52.50 FEET OF THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SAID SECTION 24 WITH THE
WEST LINE OF THE EAST 517.55 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 24; THENCE SOUTH 16' 37' 51" WEST 28.84 FEET; THENCE
SOUTH 01' 38' 30"WEST 425.15 FEET; THENCE SOUTH 55'18'12" EAST67.22 FEET; THENCE
SOUTH 28' 31' 30" WEST 2.86 FEET TO THE TERMINUS OF THE DESCRIBED CENTERLINE.
THE SIDELINES OF SAID STRIP TO BE EXTENDED OR DIMINISHED TO INTERSECT THE ARC
OF A CURVE HAVING A RADIUS OF 333.00 FEET; THE CENTER OF WHICH BEARS SOUTH
28'12'16" WEST FROM THE TERMINUS OF SAID DESCRIBED CENTERLINE.
W. JAMES ST. --
ll')
1\i It} .-------------51755' /' ----------------
.~ ...... /:;~I h!tJ ~"V
"'
7.5'
'<;(~ -01 tj~
u~ a:: ... '<;(~ O..~:t
PARCEL C
TLi/2422049127
15 o' SSESMT
7.5' 155,995.41
3.58
I CITY OF KENT 15'
": EASEMENT TO BE
'inlj SANITARY SEWER
~ I RESERVED AT nME
"'"I I OF SALE
3t: I '
•
ill
1'1
II -~ .'-?.
'..>--"..?~ -~ ~
·..?..?. <f' !b •v
?{
'-.:..
FND. EX 4" X 4"CONC
MON W/ 2" BRASS DISC
AND PUNCH ON. 0 4' IN CASE
11-10-00
(ACCEPTED AS NE COR.
NW1/4 NE1/4 SEC. 24-22-4)
N 144250 1960
E 1653470.3930
PARCEL 8
TLi/2422049144
I
I
I
I
I
I
I
I
I
I
I
I • ,~
I~
'~I If..,.
I~
I
I
I
I
I
I
I
I
THIS l
INTER.
LEGAL
INFOR
THEE
SIDEWALK EASEMENT AREA
THAT PORTION OF PARCEL "A", "B", AND "C", DESCRIBED IN DEED FROM BORDEN
CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 2001 0209000549;
AND OF TRACT "X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER RECORDING NO. 20010209000550; BEING A PORTION OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W .M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M. IN KING
COUNTY, WASHINGTON;
THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE
PARALLEL WITH AND DISTANCE 30 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID
PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST
AVENUE NORTH;
THENCE SOUTH 01 °38'30" WEST ALONG SAID WEST LINE AND EAST LINE OF SAID PARCELS
"A", "B", AND "C" A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X~
AND A POINT ON THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS
NORTH 42°48'33" WEST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44
FEET, THROUGH A CENTRAL ANGLE OF 04°39'28", AN ARC DISTANCE OF 21 58 FEET TO A
LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH AND THE POINT OF BEGINNING;
THENCE SOUTH 01038'30" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 78.23 FEET TO
A POINT OF CURVE;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 20.00
FEET, THROUGH A CENTRAL ANGLE OF 89°47'20" AN ARC DISTANCE OF 31.34 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 20.50 FEET NORTH OF, AS MEASURED
PERPENDICULAR TO, THE NORTH MARGIN OF TEMPERANCE STREET IN THE PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT, AS RECORDED IN VOLUME 16 OF PLATS, PAGE
89,1N KING COUNTY, WASHINGTON;
\(
l
THENCE NORTH 88°34'1 0" WEST ALONG SAID PARALLEL LINE A DISTANCE OF 201 87 FEET
TO A POINT OF CURVE;
THENCE NORTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 18 00
FEET, THROUGH A CENTRAL ANGLE OF 90" 12'13" AN ARC DISTANCE OF 28.34 FEET TO
INTERSECT THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 18.00 FEET; THE
CENTER OF WHICH BEARS NORTH 85"15'21" EAST;
THENCE SOUTHEASTERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 18.00
FEET THROUGH A CENTRAL ANGLE OF 83"49'31" AN ARC DISTANCE OF 26.33 FEET TO A
POINT OF TANGENCY IN A LINE PARALLEL WITH AND 22 50 FEET NORTH OF, AS MEASURED
PERPENDICULAR TO, THE NORTH MARGIN OF TEMPERANCE STREET IN SAID PLAT OF
RAMSAYS ADDITION TO THE TOWN OF KENT;
THENCE SOUTH 88" 34' 10" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 201.97 FEET
TO A POINT OF CURVE;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 18 00 FEET, THROUGH A
CENTRAL ANGLE OF ag• 47' 20", AN ARC DISTANCE OF 28.21 FEET TO A POINT OF
TANGENCY IN A LINE PARALLEL WITH AND 18 FEET WEST OF, AS MEASURED
PERPENDICULAR TO, THE EAST LINE OF SAID TRACT "X";
THENCE NORTH 01" 38' 30" EAST PARALLEL WITH THE NORTHERLY PROLONGATION OF
SAID EAST LINE 740.08 FEET;
THENCE SOUTH 88.21' 30" EAST 2.00 FEET TO INTERSECT A LINE PARALLEL WITH AND 16
FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT "A", "8", AND "C";
THENCE SOUTH 01" 38' 30" WEST ALONG SAID EAST LINE A DISTANCE OF 661.85 FEET TO
THE POINT OF BEGINNING.
en
~ ~
!ll
X
:i!
l!i
0
'1" ~
Ill
r m
II
.....
0 q
Ugill
~~~RS ~
2~ §
8 'I? . I(
W. JAMES ST.
------------------
FND EX 4" X 4"CDNC. 0:::
MON W/ 2" BRASS DISC ~
AND PUNCH ON. 0.4' IN CASE
11-10-00
(ACCEPTED AS NE. CDR.
NW1/4 NE1/4 SEC. 24-22-4)
N 144250 1960
E: 165:J470 :J9:JO
PARCEL C
Tl./2422049127
--1-'~ 1;:;
I~
I
I)<J
PARCEL 8
Tl./2422049144
CITY OF KE:NT 2'---1
SIOE:WALK E:ASE:M£NT
• I Sl ~~;, ..::-> "'1-IQ~
I
I
I
I
I
-201 87' -_j ---------l--
'ii -;9o:1z.1 if-F--=-.,-=-\ l
R=IBOO: J L ~ IJ
_!::2f!.l!. - -I
SIDEWALK
EASEMENT EXHIBIT
CITY OF KENT
C/Tr OF KENT, WASWNGTON
1:,. ...
..... ~#
~-~~
'\io.
N88'21 ':JO"W
200'
.6 =89'47'20"
R=2000'
L=:JI :J4'
page l
Project: 01225 Fr~ November OS 09:12:10 2002
Parcel Map Check
-----------------------------------------------------~--------------------
Parcel name: STDEWALK ESMT SOUTH
North: 143474.7827
Line Course: S 01-38-30 W
North: 143396.5848
curve Length: 31.34
Delta: 89-47-20
Chord: 2B. 23
Course In: N BS-21-30 W
RP North: 143397.1578
End North: 143377.1640
Line Course: N 88-34-10 W
North: 143382.2037
Curve Length: 28.34
Delta: !J0-12-13
Cho:r:d: 2 5. SO
Course In: N 01-25-50 E
RP Nor~h: 143400.1381
Rnd North: 143400.7115
CUrve Length: 26.33
Delta: 83-49-3J
Chord: :24, OS
Course In: N 85-15-21 E
~P North: 143402.2002
End North: 143384.2058
L~ne Couree: s 88-34-10 E
North: 113379.1635
Curve Length: 28.21
Delta: 89-47-20
Chord: 25.41
Course In: N 01-25-50 E
RP North: 113397.1579
End North: 143396.6123
L:!.ne Course: N 01·38-30 E
No.r:·Lh: 144136.4185
Line Course: s 88-21-30 E
North; 144136.3612
Line course: S 01-38-30 w
North: 143474.7829
E~sL : 1653402.1505
Length: 79.23
East : 1653399.9093
Radius: 20.00
7';mgP.nt: 19.93
Course: S 46-32-10 w
Course Out: S 01-?.5-50 W
Eaet : 16533/9.9176
East : 1653379.4182
Length: 201.87
East : 1653177.6112
Radius: 18.00
Tangent: 10.06
Course: N 13-28-04 w
Course Out: N 88-21-57 w
East : 16531?8.0605
EdSL : 1653160.0679
Radius: 19.00
Tangent: 16.16
Course: S 46-39-25 E
Course Out: S 01-25-50 W
East : 1653178.0062
East : 16531'/7.5568
Length: 201..97
Ra$t : 1653379.4639
~adius: 18.00
Tangent: 17.93
Course: N 46-32-10 E
Course Out: s 88-21-30 ~
East : 1653379.9132
East : 1653397.9059
Length: 740.00
East : Hi5341.9 .1081
Length: 2.00
East : 1653421.1073
Length: 661.85
East : 1653402.1462
Perimete.r:·: 2000.21 Area: 1,977.6.9 0.05
Mapcheck Closure -(U:'!P.A listed courses, raa~~, and d~lLasl
Error Closure: 0.0043 course: N 87-46-40 w
Error North: 0.00017 East : -0.00431
Project: 01225
Parcel Map Check
Precision 1: 465,167.44
page 2
Fri November OR 09:12:10 2002
SIDEWALK EASEMENT AREA
THAT PORTION OF PARCEL "A", "8", AND "C", DESCRIBED IN DEED FROM BORDEN
CHEMICAL TO THE CITY OF KENT UNDER KING COUNTY RECORDING NO. 20010209000549;
AND OF TRACT "X" DESCRIBED IN QUIT CLAIM DEED FROM BORDEN CHEMICAL TO THE CITY
OF KENT UNDER RECORDING NO. 20010209000550, BEING A PORTION OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.lN KING
COUNTY, WASHINGTON;
THENCE NORTH 88°36'27" WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO A LINE
PARALLEL WITH AND DISTANCE 30 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID
PARALLEL LINE BEING THE NORTHERLY PRODUCTION OF THE WEST LINE OF FIRST
AVENUE NORTH;
THENCE SOUTH 01°38'30" WEST ALONG SAID WEST LINE AND EAST LINE OF SAID PARCELS
"A", "B", AND "C" A DISTANCE OF 762.45 FEET TO THE NORTHEAST CORNER OF TRACT "X"
AND A POINT ON THE ARC OF A CURVE TO THE RIGHT, THE CENTER OF WHICH BEARS
NORTH 42°48'33" WEST 265.44 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 265.44
FEET, THROUGH A CENTRAL ANGLE OF 04039'28", AN ARC DISTANCE OF 21 58 FEET TOA
LINE PARALLEL WITH AND DISTANT 16 FEET WEST OF, AS MEASURED PERPENDICULAR TO,
THE WEST LINE OF FIRST AVENUE NORTH;
THENCE NORTH 01°38'30" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 671.85FEET
TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88"21'30" WEST 2.00 FEET TO INTERSECT A LINE PARALLEL WITH AND 18
FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT "A", "B", AND "C";
THENCE NORTH 01• 38' 30" EAST PARALLEL WITH SAID WEST LINE A DISTANCE OF 32.71
FEET;
THENCE SOUTH 34• 49' 00" EAST 3.37 FEET TO INTERSECT A LINE PARALLEL WITH AND 16
FEET WEST OF, AS MEASURED PERPENDICULAR TO, THE WEST LINE OF FIRST AVENUE
NORTH AND EAST LINE OF SAID TRACT "A", "B", AND "C";
THENCE SOUTH 01• 38' 30" WEST ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO
THE POINT OF BEGINNING.
lii
z c ~ .
IQ
7" :::
(JI
W. JAMES ST. ----------------
~5ijili
l\111
~~i~~ ~
~ -a ,. " ~ & ..
!I
f'ND EX 4" X 4"CONC
MON W/ 2" BRASS DISC
AND PUNCH ON. 0 4' IN CASE
11-10-00
(ACCEPTED AS NE. COR
NW1/4 NE1/4 SEC. 24-22-4)
N 1442SO 1960
E 16SJ470 J9JO
PARCEL C
11..12422049127
PARCEL 8
Tl./2422049144
orr OF KE:Nr 2'---1
SIDEWALK EASEMENr
Ll •4 'J9'28"
• R=26S 44'
L•21 ss'
'\.~ .. -.:"o,
'\.<!>.;.
PARCEL A """~
Tl./2422049126 ~~
Ll =89'47'20" '\.
R=18 00'
L=28 21'
Ll =BJ'49 'JI"
R=1800'
L=26.JJ'
N88'J4 '70"W
201 97'
SIDEWALK
EASEMENT EXHIBIT
CITY OF KENT
CITY OF KENT, WASHINGTON
I~ "' I~
I
l)'l
. l!il
:glq, ~:">
:gl<;
1:;:
I
I
I
I
'to
P,
..; ~
't..Cb, .,.,
NB8'27'Jo"w
200'
Ll •89'47'20"
R=2000'
L=JI J4'
page 1
Project: 01225 Fri November OS 09:12:08 2002
Parcel Map Check
---------------------------------------------------------------------------
Pcu::r..:el name: SIDEWALK ESMT .WOR.'J.'H
North: 144176.3440 East : 165.34'-'-.:>.575
Line Course: s 01-.)8-30 w Length: 30.00
North: 144146.3563 Eaet 1653121.3980
Line course: N 88-21-30 W Length: 2.00
North: 144146.4136 East 1653419.3988
Line Course: N 01-38-30 E Length: 32. 7l
North: 144179.1102 East 165:3420.3359
Line Course: S 34-49-00 E Length: 3.37
North: 1441 '76 .3434 East 1653422.2600
Perimeter: 68.07 Area: 62.71 0.00
Mapcheck Closure -(U~e~
Erx:·or Closure: 0. 0026
Error North: -0.00053
Precision 1: 26,184.62
listed courses, radii, and deltas}
Course: S 78-22-21 E
East: : 0.00257
...
I i ----1
I _______ J !, __________________________________________________________ _
---------.
-------~ I r-------~~M•.LI! I I ------.--I ~~ J-c:~~~·:· tr=~~r;FJ==~:J:
I I 1fi '"m1"' ~/1 I I I /1
I I' I/ I I I l I llej I I
I I BAN/( OF AJI£/?ICA ; I CITY OF """ I / I 714280 ootl j/ II 242204 90/o I
I I I CITY or KCNr t' ' I I I ~~ 114280 ooo• ~/1 I / I I r.-:1 1
1 1 r'/1 j 1 CITY OF KCNT
24220.f 9128 I I I ____ i' €1 f
1
I ' I "'
I ./ i f il P~RtEL •• ' ' ' 1:'' "/'~" 1
le' :~ 1.~ 1 ('I ,
I ~~:s li / !'til 1, I I o,, I I J I I I I CITYOFK£1/T ~I YJ
I I 1 71428000$S ~I
I I 1 ,.1
·--I ~ .-. / a.l _... --....~;: T / ~ l -~ d -------~ ,I
I
I
I
I CENTIIAI. PUG£T SOIJNO
R£GIONAL JRitHSIT AUJHORITY
n4280 1)(}00
(ATY QF KENT
2422(U 9126
I
il
CITY OF' KCNr
242204 S126
laq
I
I
I
I
I
I
I
I
I
1
I
CtTY OF K£H1
242204 !1127
I I! I ~~~~ ~
I " lwJ 1 filth!<
~......... ===b~ W:::iiiflff'i --,--, ~ --= .. ...,..,.. ?L---------1 t=r,O" I
1
1
I
PARCELl 2
507.849 sa F(l'
I
I
I
I
I
I
I ,
C1n' W KEN1
242204 9144
I
I
I
I
.....
CfTY OF keNT
242204 9121
--------'-
I~ CttyofK.,.
' Pubtic Wodts Depanment
KENT STATION
RIGHT OF WAY PLAN
"" .,..,,~J Engltlcering Divi11011
I~ .. ~~
?t-U••/4
.,
EXHIBITB
MPD Conditions (8 pages)
Conclusions Based on Findings
Planned Unit Development Review
With conditions of approval, the Planned Unit Development application will
satisfy all of the criteria for approval established by the City Council. Conditions
of approval related to street improvements, sidewalk construction, installation of street
lighting, planting of street trees, accommodation of bicycle lanes, design of open space
areas, non-interference with ongoing site cleanup monitoring activities, location of
pedestrian crossings, provision of utility easements, air quality protection, provision for
parking, appropriate truck maneuvering areas and compliance with SEPA mitigation
measures are necessary to ensure that the Planned Unit Development is developed in a
manner consistent with the criteria for approval. Findings of Fact No. 1-5, 6-12.
Preliminary Plat Review
With conditions of approval, the preliminary plat application to divide 18.2 acres
into twenty lots will satisfy all of the criteria for approval established by the City
Council. Conditions of approval related to installation of a gravity sewer system,
installation of a private stormwater system, installation of a water system, approval of a
grading plan, sidewalk construction, location of pedestrian walkways, air quality
protection, conveyance of easements and compliance with SEPA mitigation measures
are necessary to ensure that development of the plat is accomplished in a manner
consistent with the criteria for approval. Findings of Fact No. 1-5, 13-17.
DECISIONS
Planned Unit Development
The request for approval of a Master Plan/Planned Unit Development for mixed-use
development of approximately 18.2 acres of property is GRANTED, subject to the
following conditions:
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Statton Master Plan/Planned Unit Development
and Preliminary Plat Applicatton
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 10of17
1. All engineering plans shall meet the minimum requirements of the City of Kent
Construction Standards, (in effect as of November 13, 2002 and consistent with
the vesting of Development Standards as outlined in the Development
Agreement between the Developer and the City) applicable City of Kent
Development Assistance Brochures, and the 2002 City of Kent Surface Water
Design Manual.
2. The new private commercial street (2nd Place South) located between James
Street and the Grand Arc shall be designed as follows:
a) The street shall be designed in such a way as to clearly define the
beginning and terminus of the private street at the public street
intersections. This may include curb returns, commercial driveway
approaches or other design alternatives as deemed appropriate by the
Public Works Director. Other driveways shall be in conformance with the
City of Kent Construction Standards (in effect as of November 13, 2002).
b) The street shall provide for a minimum of two 12-foot travel lanes. The
area for parallel parking shall be in conformance with KCC 15.05.1 00
Minimum parking design standards.
c) Street lighting along the private street shall be the same as that which is
installed along the Grand Arc.
d) Street trees shall be installed along both sides of the private street and
shall be placed within decorative cast iron (or similar) tree grates if located
within the paved sidewalk area. The species of street trees, spacing of
trees and tree grates shall be jointly approved by the Kent Parks
Department, Planning Services Division and Public Works Department.
e) The minimum width of sidewalk shall be ten feet on both sides of the
private street. The sidewalk shall be aesthetically textured in a manner
similar to what is approved for the sidewalks along the Grand Arc.
Sidewalk texture shall be jointly approved by the Kent Planning Services
and Public Works Department.
f) The street shall include a private stormwater drainage system meeting the
requirements of the 2002 City of Kent Stormwater Design Manual.
g) The private street, street trees and decorative elements shall be
maintained at the sole expense of the developer and any future owner(s).
Fmdmgs, Conclusions and Decision
Hearings Examiner for the Ctty of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 11 of 17
h) The street bulb-outs shown along the private street shall generally be
enlarged to provide for a maximum separation of two parallel parking
stalls. Additionally, these areas should be large enough to provide for two
street trees and additional pedestrian amenities such as benches,
decorative bollards and planters.
Any variation to these standards shall be jointly approved by the Kent Fire,
Parks, Public Works and Planning Departments.
3. A deceleration lane shall be constructed along the south side of James Street
between the intersection of 4th Avenue South and the private street entering the
project. The lane width and length shall be approved by the Kent Public Works
Department and shall generally be consistent with AASHTO guidelines. The lane
shall be designed and constructed to accommodate the future installation of a
five-foot bicycle lane along the south side of James Street without the need to
relocate the curb, gutter, sidewalk and street trees. This lane shall be
constructed concurrent with the construction of the private street connecting
James Street to the Grand Arc. The developer shall deed any additional public
right of way deemed necessary to construct the deceleration lane.
4. In order to mitigate the restricted access from the North Park residential
neighborhood to James Street associated with the construction of a westbound
left turn lane from James Street into the project via the private street, the
developer shall improve Cloudy Street between 3rd Avenue South and 41h Avenue
South. This improvement shall be constructed in conjunction with the installation
of the westbound left turn lane from James Street into the private drive entering
the site. Subject to minor adjustments as deemed necessary by the Public
Works Director, the improvements shall consist of the following:
a) Two twelve-foot travel lanes constructed to City of Kent Residential Street
Standards.
b) One 5-foot asphalt or concrete walkway along either the north or south
side of the new roadway. The walkway shall be separated by an extruded
curb or other means as approved by the Public Works Department.
At the sole discretion of the Public Works Director, the developer may pay a fee
in lieu of constructing the above improvements. Such payment shall be based
upon an approved engineers cost-estimate and shall include the total cost for the
City to construct the above-noted improvements. Payment of fees shall be made
Findtngs, Conclusions and Decision
Hearings Examtner for the City of Kent
Kent Stat1on Master Plan/Planned Umt Development
and Prelimmary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page12of17
to the City prior to the issuance of any permit to construct a private road with
access from James Street by a left turn.
5. The open space features throughout the Master Plan\PUD area shall have a
unified theme, design, and features and shall be reflective of Kent's community
values, such as those incorporated into the Regional Justice Center, the Sound
Transit Station and the Meeker Street developments. These open space areas
shall be designed in such a way as to connect the Kent Station development to
the historic downtown. The open space areas are defined as the civic plaza
along the Grand Arc, the plaza area to the rear of the community college and the
plaza area at the cinema entry.
6. The final design and elements within the civic plaza shall be approved by the
City's Downtown Design Review Committee and constructed in conjunction with
buildings 6A, 68, 1 0, 12, or 13. The civic plaza shall not be reduced in total area
beyond that which is shown on the approved MPD application (20,934 SF). The
other open space plazas {behind the Community College and at the cinema
entrance} shall be constructed in conjunction with the adjacent structure and
shall be built to substantially the same size and configuration as shown on the
MPD site plan. These plazas shall provide adequate pedestrian amenities and
shall be subject to the Downtown Design Review guidelines. Examples of
pedestrian amenities include, but are not limited to, a participatory water feature,
ornamental lighting, and benches.
7. The site identification features located at the southeast corner of James Street
and 4th Avenue North and the northwest corner of Smith Street and 2"d Avenue
North shall be installed in conjunction with the issuance of the first Certificate of
Occupancy for phase I. The site identification features shall be subject to
approval by the Planning Services Division. These site identification features
shall be designed and located in such a way as to incorporate elements that will
provide a visual and pedestrian link to the historic downtown. Further, the site
identification features should be designed in such a way as to be harmonious
and integrated with other site design elements such as public art and/or
landscaping.
8. Construction of any site improvement or development shall in no way interfere
with or preclude the City's ability to continue monitoring and cleanup activities on
the Kent Station site.
9. All commercial signs within the Master Plan\PUD area shall be in accordance
with the approved sign criteria in Exhibit 1, Attachment C. Monument signage
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Umt Development
and Preltminary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 13of 17
shall be installed in conjunction with the first development or Certificate of
Occupancy for phase I.
1 0. The mid-block pedestrian crossing shown on the Grand Arc adjacent to the civic
plaza shall be a raised crossing, shall be aesthetically treated, shall incorporate
traffic calming techniques and shall be jointly approved by the Planning Services
Division and Public Works Department. The minimum width of the crosswalk
shall be twelve-feet. Signs, notifying motorists of the mid-block crossing, shall
be installed both directions along the Grand Arc. This signage and pavement
markings shall be consistent with the Manual Uniform Traffic Control Devices
(MUTCD).
11 . During site development and building construction, the developer shall implement
all applicable construction-related measures to reduce air quality impacts as
outlined in item 2(C) of the PAO mitigation document.
12. The developer shall convey all private and public easements necessary for the
construction and maintenance of the required improvements for this
development.
13. The developer shall provide cross-access easements for access, utilities, parking
and landscaping. These easements shall be reviewed by the Planning Services
Division prior to recordation. Recorded copies of said easements shall be
provided to the Planning Services Division prior to the issuance of any certificate
of occupancy for affected buildings.
14. Occupancy of the cinema shall not be permitted unless a Parking Agreement is
reached between the City and Sound Transit that allows for the required cinema
parking.
15. The minimum pedestrian area width for sidewalks along 1st Avenue North shall
be consistent with the Kent Downtown Design Guidelines with a minimum of 10',
unless otherwise modified by the Planning Manager. Additionally, Crime
Prevention through Environmental Design (CPTD) measures shall be employed
along 1st Avenue North to provide "eyes on the street."
16. A Development Agreement, pursuant to RCW 36.708.180 -210 shall be
executed between the City and the Developer in a manner consistent with
approval of this application. This Agreement shall be executed prior to the
issuance of any development permit for the proposed PUD.
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Umt Development
and Preliminary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 14 of17
17. Trees located in planter pits within parking lot islands should be aligned with stall
lines to minimize vehicular damage to the trees.
18. The private street (2nd Place) shall have landscaping, in addition to the proposed
street trees, in the form of streetscape planters, window boxes, hanging planters,
or other measures as approved by the Downtown Design Review Committee to
provide additional greenery along the street.
19. Truck maneuvering shall be permitted along 1st Avenue North in association with
one delivery dock for the grocery store and a trash compactor for the cinema,
provided that at no time shall both lanes of the public street be blocked. Further,
loading shall not occur during either the am or pm peak traffic times and shall be
posted as such.
20. The surface parking areas along 41h Avenue North, north of Temperance Street
and along 1s Ave North, associated with the grocery store shall be adequately
screened from public view. Adequate screening may consist of a low wall or low
decorative fence combined with low hedges and trees. The final screening
design shall be subject to review and approval during the Downtown Design
Review process.
21. All appropriate SEPA mitigation measures, as outlined in the PAO and Exhibit A
(SEPA Mitigation Document) attached to the PAO shall apply to the Master
Plan\PUD.
Preliminary Plat
The request for approval of a preliminary plat to subdivide approximately 18.2 acres into
twenty lots for mixed-use development is GRANTED, subject to the following
conditions:
1 . The developer shall receive City approval for engineering drawings from the
Department of Public Works, and shall then either construct or bond for the
following as appropriate for each phase of development:
a) A gravity sewer system to serve all lots proposed for building construction.
b) A water system meeting domestic and fire flow requirements for all lots.
c) The private stormwater system.
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and #SU-2002·9
KIVA #RPP3-2023555
Page 15of17
At a minimum, all utiHties shall be stubbed to the edge of the purchased property
to serve future development parcels.
2. All engineering plans shall meet the minimum requirements of the City of Kent
Construction Standards (in effect as of November 13, 2002 and consistent with
the vesting of Development Standards as outlined in the Development
Agreement between the Develop~r and the City) applicable City of Kent
Development Assistance Brochures and the 2002 City of Kent Surface Water
Design Manual.
3. A schematic grading plan for the entire subdivision shall be submitted. A detailed
grading plan shall be submitted for each phase of development. The detailed
grading plan shall be in conformance with Uniform Building Code, City of Kent
Construction Standards (in effect as of November 13, 2002) and City of Kent
Development Assistance Brochure #1-3, Excavation and Grading Permits and
Grading Plans. These plans will include provisions for utilities, roadways,
stormwater treatment facilities, and a building footpad for each lot.
4. The developer shall construct the final sidewalks along the Grand Arc in
conjunction with each approved building permit that abuts the right-of-way. The
sidewalks shall be a minimum of thirteen feet in width (comprised of 9 feet of
walkway and 4 feet of amenities), and shall meet City of Kent Construction
Standards (in effect as of November 13, 2002 and consistent with the vesting of
Development Standards as outlined in the Development Agreement between the
Developer and the City). Further, the sidewalks shall generally be consistent
with the sidewalk pattern as identified in the Commuter Rail Station Area Study
and the Kent Downtown Gateways project. The final sidewalk design shall be
jointly approved by the Kent Planning Services Division and Public Works
Department.
5. In order to create a continuous pedestrian walkway through the project site, given
that future phases will be constructed over time, the developer shall construct a
paved tem~orary walkway along both sides of the Grand Arc connecting Smith
Street to 4 h Avenue South. This continuous walkway shall be constructed prior
to or in conjunction with the first Certificate of Occupancy for Phase I and shall be
constructed along those areas not subject to Condition #4 (above).
6. During site development and building construction, the developer shall implement
all applicable construction-related measures to reduce air quality impacts as
outlined in item 2(C) of the PAO mitigation document.
Fmdmgs, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 16 of 17
7. The developer shall convey all private and public easements necessary for the
construction and maintenance of the required improvements for this
development. ·
8. All appropriate SEPA mitigation measures, as outlined in the PAO and Exhibit A
(SEPA Mitigation Document) attached to the PAO shall apply to the Subdivision.
DECIDED this 301h day of January 2003.
THEODORE PAUL HUNTER
Hearing Examiner
S :\Permit\Pian\PU D\2002\2023555-2002-1 ftndings.doc
Findings, Conclusions and Decision
Hearings Examiner for the City of Kent
Kent Station Master Plan/Planned Unit Development
and Preliminary Plat Application
#PUD-2002-1 and #SU-2002-9
KIVA #RPP3-2023555
Page 17of 17
EXHIBITC
P AO (34 pages)
ORDINANCE NO. 3b0 ~
AN ORDINANCE of the Ctty Counc1l of the C1ty
of Kent. Waslnngton, estabhshmg a Planned Action for a
Slte approxunately 2S 0 acres m s1ze, bound by James and
Hamson Streets. 4th Avenue and 1 '1 Avenue, as descnbed
m the adopted Kent Station Supplemental Envrromnental
Impact Statement.
WHEREAS, the Governor's Task Force on Regulatory Reform
recommended changes to state law that would enable local governments to consolidate
envrronmental reVJew of plans prepared under the Waslnngton State Growth
Management Act (GMA), and
WHEREAS, both the State Env1r0nmental Po hey Act ("SEP A'') and
Chapter 36 70B ReVIsed Code of Washington (''RCW") proVIde for the mtegrabon of
envuonmental revJ.ew w1th proJect review through the establishment of "Planned
Acbons", and
WHEREAS, Planned Actions expedite the penmttmg process where
substantial plannmg and enVlfOnmental analysis have been done prospectively for
spec1fic geographic areas that are less extens1ve than the mumctpallty's JUnsdJctJOnal
boundanes or that are for certmn types of development, and
1 Pllznned Action Ordinance -
Kent Stadon SEIS
----------
, '
WHEREAS, RCW 43 21C 031 and Washmgton Admtmstratlve Code
("WAC) 197-11-164, -168, and -172 allow for and govern the apphcatJon of a
Planned Action des1gnabon, and
WHEREAS, Ctty of Kent Ordmance No 3222 adopted a
Comprehensive Plan (Apnl1995), under the provts1ons of Chapter 36 70A RCW, that
mcludes goals and pohcies for Kent's downtown area; and
WHEREAS, Ctty of Kent Ordmance No 3398 adopted the Downtown
Strategxc Actlon Plan and Integrated Supplemental Envli'Onmental Impact Statement m
1998 as an amendment to the C1ty of Kent Comprehensive Plan, m compliance With
the requuements of the GMA to <hrect growth into urban centers that provtde a nux of
reSidential, commerctal, educational, and recreational land uses served by a multi-
modal transportabon system, and
WHEREAS, the C1ty of Kent Downtown Strategic Acbon Plan provtdes
a baslS for master planmng and envtronmental analysts for the subsequent adoptJ.on of
a Planned Action Ordmance for the Downtown Kent subarea, and its component
dlStncts, and
WHEREAS, C1ty of Kent Ordmance 3543, passed on February 20,
2001, rezoned lands prevtously destgnated as Downtown Commercial LIMited
Manufactunng (DLM) WJtbm Downtown Kent to Downtown Commercial Enterpnse
(DCE) and recogmzed the vancty of functions Downtown Kent will be expected to
provtde as a destgiJated Uman Center pursuant to Kmg County county-w1de plannmg
pohcies for populatton, employment and serv1ces; and
WHEREAS, on February 8, 2001, the Ctty purchased the Borden
Chen11cal s1te, and
2 Pllmned Action Ordinance -
Kent Statirm SEIS
WHEREAS, the Sound Transit Commuter Rail Stat1on began operation
m the City of Kent on February S, 2001, and the presence of th1s trans1t semce 1s
conSIStent With and would enhance JDixed-use development on the Planned Action s1te,
and
WHEREAS, the C1ty of Kent over the years has proVIded an ongomg
opport1.11nty for pubhc parttc1pation and reVIew process for preparation of Its
Comprehensive Plan, the Downtown Strategtc Act1on Plan and Integrated
EnVIronmental Impact Statement, and the Kent Station Planned Action Ordmance, and
WHEREAS, on July 9, 2002 the Kent City Councd Plannmg
Comnuttee held a pubbc meeting on this Planned Action Ordinance to allow an
opportumty forpubbc comment as requrred by WAC 197-11-168, and
WHEREAS, the Kent Station Planned Action Supplemental
EnVIronmental Impact Statement (hereafter "SEISj tdentlfies Impacts and nutlgahon
measures assoct.ated With the planned development, and
WHEREAS, thls Ordmance would designate certatn land uses and
actlVltles as Planned Actions" that would be cons1stent wtth the Downtown
Commercial Enterpnse zonmg dlstnct des1gnations Wlthin Downtown Kent NOW,
THEREFORE,
THE CITY COUNCIL OF TilE CITY OF .KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION I. • Propose The C1ty Counctl declares that the purpose of tins
ordinance ts to
3 Planned Action Ordinance-
Kent Statum SEIS
A Combme envrronmental analysts wtdi land use plannmg, and
B. Streamhne and expedite die land use penmt process by relymg on completed
and extstmg detuled envtronmental analys1s for certam land uses allowed m
Downtown Kent, and
C. Set forth a procedure destgnatmg certain prOJect actions wttlun Downtown
Kent as Planned Acttons conSlStent Wlth RCW 43 21 C 031; and
D ProVIde the pub he wtth an understanding of Planned Actlons and how die Ctty
Will process Planned Actions, and
E. Adopt the SBIS as a Planned Action document that provides a :frameworlc for
encouraging development proposals Wlthm the Planned Act1on Area descnbed
m Section 3(A) ("Planned Action ProJects") that are cons1Stent Wlth the goals
and pohctes of the Ctty of Kent Comprehensive Plan and the City of Kent
Downtown Strategic Action Plan, as they apply to a portion of the North Core
Dtstnct of Downtown Kent
F Apply the City's development codes together wtth the SEIS and mtbgatJOn
framework descnbed 1n Section 3 of this Ordmance to expedite and sunpbfy
processmg Planned Action developments, consrstent wtth RCW 43 21C 240
and WAC 197-11-158
4 Pl411Hed Action Ordinllllce -
Kent Station SEIS
SECTION 2. • Fwdmgs The C1ty CouncJJ finds that·
A The City of Kent selects Alternative 2, as set forth m the SEJS, as Its preferred
alternative, and
B. The C1ty of Kent Comprehensive Plan EnVU'Onmental Impact Statement, the
C1ty of Kent Downtown Strategic Ac1lon Plan and Integrated Supplentental
Envtronmental Impact Statement (together ''DSAP .. ), and the SEIS adequately
address all &Igruficant envuonmental impacts assoctated With the Planned
Action descnbed m the SEIS for Alternative 2; and
C. The mitigation measures contamed in the Mitigation Document, Exlulnt A of
tlus Ordmance, together wtth the C1ty's development standards and any future
nutlgatton measUfCS that may be unposed through the land use process, are
adequate to nutlgate the Slgnt:ficant adverse enVIronmental wpacts of the
Planned Actlon ProJects addressed m the SEIS Addltlonal voluntary
mttlgatlon measures may also be mcorporated m a subsequent development
agreement pursuant to RCW 36 70B 170; and
D. The SEIS Planned Act:J.ons, also referred to as "Planned Actlon ProJects" (as
descnbed by Alternative 2 m the SEIS), as set forth m Section 3(D) of th1s
Ordmance, wdl benefit the pubbc, w1ll protect the enVIronment, and Will
enhance econonuc development, and
E The C1ty has proVIded numerous opportunities for pubhc involvement and
t'IMew; has consuiered all comments receiVed; and thts pubhc participation
process has resulted m modifications to mitigation measures and Planned
Action conceptual altcmab.ves
S Planned Action Ordinance-
Kent Station SEIS
F. The Planned Actlon descnbcs the locatlon, types and quant.J.t.J.es of uses
antic1pated.
G. Pubhc servJces and factltties are adequate to serve the proposed Planned
Acbon.
S8CTION3. -Procedure and Cntena for Evaluatmg and Determmmg
Pwec(S as Planned Actzons
A Planned Act1on Area. The Planned Action destgnatton shall apply to all parcels
bound by 1st Avenue on the east between James and Snuth Streets, 4111 Avenue
on the west between James and Hamson Streets, James Street on the north
between 111 and 4111 Avenues, and Harrison Street on the south between 21111 and
4th A venues, referred to m thts Ordmance as the "Planned Acbon slle" The
property IS tllustrated m Exlubtt B and legally descnbed m Exlubtt C
Additionally, the Planned Actton des1gnabon shall apply to any off-stte
improvements neceSSitated by the proposed Planned Action development where
the unpacts of the off-s1te improvements have been analyzed m the SEIS.
B. EJMronmental Document A Planned Acuon designatiOn for a site-specific
Planned Actton Project pemut appb~tton shall be based on the enwonmental
analysis contained m the draft SEIS ISSUed by the Ctty on Apnl 23, 2002, and
the Fmal SEIS tssued by the Ctty on July 8, 2002, and those enwonmental
documents mcorporated by reference or adopted m the SEIS. The Counctl's
Mttlgatton Document, Exlubtt A. IS based upon the envllOnmental analysts m
the SEIS, and IS Incorporated mto tlus Ordmance by thts reference The
M1ttgat1on Document, together w1th extStmg Ctty codes, ordmances,
development regulations and standards and apphcable county, state or federal
reqwren1ents and standards, shall provide the framework for the dec1s1on by the
C1ty to I.IIIpose condttlons on a Planned Action proJect Other envnonmental
6 Pltmned.Action Ordinance-
Kent StatifJn SEIS
documents incorporated by reference m the SEIS may also be utlltzed to asstst
m analyztng impacts and detcnnuung appropnate nut~g~.tlon measures.
C. Planned Action Desrgnated Land uses and acttvtttes descnbed tn the SEIS,
subject to the thresholds descnbed m Sectton 3(D) and the llllttgation measures
descnbed m the Mttlgatton Document, Exhibit A, arc destgnated Planned
Actions or Planned Action ProJects pursuant to RCW 43.21 C 031. A land use
pemut apphcatton for a stte-speclfic Planned Actton Project withm the Subarea
shall be destgnated as a Planned Actton tf 1t meets the cntena &et forth m
Section 3(D) of t1us Ordmance and appbcable laws, codes, development
regulations and standards of the Ctty
D. Planned Actwn Thresholds.
1. Land Use Subject to the ItUtlgatton measures descnbed m Exlubu A,
the followmg land uses and development levels, together wtth the
customary accessory uses and amemttes descnbed m the SEIS, are
Planned Actions pursuant to RCW 43 21C.03I·
a. Land Uses The follOWing uses are the pnmary uses analyzed m
the SEIS.
1. Office,
11. Retail commerctal;
w. Restaurant,
lV Multtfamtly resuientJal,
v. C1DC111a,
V\ Commum.ty College;
Vll Hotel & Conference Center;
Vlll. Surface parkmg,
IX Structured parking, and
X Street and mfrastructure !lllpl'Ovements.
7 Planned Action Ordinance-
Kent StatifJn SEIS
b. Land Use Rev1ew Threshold The Planned Action des1gnatlon
appbes to future development proposals that are comparable to
or that are wttlnn the range established by SEIS Proposed Acbon
Alternauve 2, as shown m the Summary of Development table
below:
Kent Sttltion Alternative-Summary of Development in Alternative 2
LAND USE
Commercial (square feet)
Retad
Restaurant
Grocery
Ctnema (12~Screen; 2,800 seats)
Office
CommlJlllty College
Hotel/Conference Center
Hotel Rooms
Multi-family Residential (sq feet)
Housmg Umts
Total Commeretai/Residential
Development
Park I Open Spaee
ClVlc Plaza (Alt 2)/Plaza Area (Alt 3)
Park Block (Alt 2)/Town Sq (Alt 3)
Borden Playfields
Parking (stalls)
8
Alternative 2 -
Kent Station
Pro ostrl
518,400 sf
191,800
35,900
47,700
55,000
138,000
so,ooo
169,400 sf
200rooms
434,000 sf
480 uruts
l,ll1,800 sf
SJ,OOOsf
23,000
30,000
0
2,932 stalls
Plan11ed ActiDn Ordinance-
Kent Station SEIS
A llst of general uses avmlable to the land use categones featured m the
above Summary of Development table, Wlth appropnate development
standards, 1s descnbed m Kent Ctty Code 15 04 Surface parkmg mcludes on-
street spaces wrthm the Slte, and structured parlang mcludes 'stand-alone'
parking garages as well as parkmg structured Wlthm and beneath mtxed-use
development
If future development proposals m the Planned Action area exceed the
maxtmum development parameters reviewed m the SEIS, further
envlJ'011D1ental revtew may be reqwred under SEPA, as provtded in WAC 197-
11-172 If proposed plans Stgmficantly change the location of uses m a manner
that would alter the environmental detemunatJ.ons m the SEIS, addtttonal SEP A
revtew also would be reqwred Sluftmg the total bwld-out of square footage
between uses may be permitted so long as the total butld-out does not exceed
the aggregate amount of development, tnp generation, and pariang thresholds
reVIewed under the SEIS, and so long as the tmpacts of that development have
been tdenttfied and mttlgated m the SEIS and the Mlttgation Document
2 Bmldmg Het&hts and Threshold&. The Planned Action Area lS entirely
located wtthm the Downtown CollllllC1'Ctal Enterpnse (DCE) zonmg
dtstnct Under Kent Ctty Code 15 04190, there ts no hetght lnmtatton
m the DCE zomng dtstnct. However, proposed bwldmg height ts
subject to Kent Ctty Code 1 S 09 046 Downtown Destgn ReVIew The
butlc:bng hetghts revtewed m the SEIS range from one story to s1x
stones In companson wtth the butldmg hetghts revtewed m the SEIS, a
proposed mcrease m he1ght greater than one (l) addttlonal story may
require addtbonal SEP A revtew to address aesthetic unpacts
3 Bulldmg Setbacks' Bwldmg setbacks shall be estabhshed by extstlllg
development regulations and Downtown and Mult1fanuly Design
Revtew
9 Plannd Action Ordinance-
Kent Station SEIS
4 QRen Space. Open space shall be establtshed by extsting development
regulations and Downtown and Mulufanuly Des1gn Revtew. In no case
shall the CtV1c Plaza and Park Block total less than 53,000 square feet,
as analyzed m the SEIS Ofthls total, approxtmately 30,000 square feet
wtll be developed by the Ctty as a Parle Block
S. Transportatton.
a Trip Ranges: The range of tnps rev1ewed m the SEIS are as
follows
Trip Genel'tl.tion
Net New TripB Reviewed in SEIS
TrmePenod Total Inbound Outbound
T~s
Weekday Owly 13,200 6,600 6,600
Total
Weekday PM Peak 1,380 675 705
Hour
b Tnp Threshold Uses or actlVltles that would exceed the
maxunum tnp levels shown above w11l require additional SEPA
rev1ew
c. Pubhc Works DIScretwn The Publtc Works Duector shall have
dtscrehon to determme mcremental and total trip generatlon, ) .,.,..,
consistent With the ITE Trip Generatton Manual (latest ed ), for
each Planned Action Project pemut application proposed under
thts Planned Action
d Off-Szte Mitigation· As proVlded m the SEIS m order to rmtlgate
transportatlon related unpacts, an BnVltOnmental Mlt1gat1on Fee
shall be pa1d to partlctpate m and pay a proportlonate share of
the construction cost to fund the South 27r/South 277111 Street
Comdor, wluch supports an alternative vehicular route that does
not require passmg through Downtown Kent
10 PUutned Action Ordintutce -
Kent Stillion SEIS
e. Road Improvements The Planned Action would reqwre off-stte
road lillprovements as follows·
Phase I ( 0 to 690 net aew PM peak llour trips )
Subject to the Pubhc Work's Dtrector's dtscretJon
provided for in subsection S(c) above, Phase I IDltlgatlon will be
tnggered by the first apphcatlon and wtll apply to all
developments untll the pomt those developments generate up to
a total of 690 net new PM peak hour tnps For any of these
proposals, all of the traffic Improvements hsted below must be
constructed before the Ctty wtll Issue any Certificates of
Occupancy At the discretion of the Public Works Dtrector, the
C1ty may accept a fee m lteu of constructing these
unprovements Any fee shall be for the full cost to the Ctty for
the construction of the nnprovements
• 4111 Avenue N/S 228 111 Street. Construct a nght-turn lane
on eastbound S 2281h Street to southbound 41h Avenue N.
Combmed With protected phasmg for thts new nght-tum
lane, operations could be lillproved from LOS F to LOS
D dunng the PM peak hour.
• Central Avenue S/W Willis Street: Construct a new
nght-tum lane on southbound Central Avenue S to
westbound W Willis Street The new right-tum lane
would operate protected wtth east and westbound left-
turn movements to estabhsh a LOS D.
• :znd Avenue S/W Willis Street: Tius unstgnahzed
mtcrsecb.on IS anticipated to operate at LOS F on the
nunor approaches of 2nd Averwe S m 2010 wtth e1ther
the Proposed Action or No Action alternatives. Restnct
11 Planne4 Action Ordinance-
Kent Stillion SEIS
left-tum movements from W Wtllis Street onto 2nd
AvenueS.
Phue II ( 690 to 1;460 net new PM peak hour trips)
SubJect to the Pubbc Works Dtrector's dtscrebon
provtded form subsectlon S{c) above, Phase II mttlganon WJll be
tnggered by any development that rmses the total tnp generation
above 69Q net new PM peak hour trips. For any of these
developments, all of the traflic unprovements listed below must
be constmcted before the Ctty WJll JSsue any Certificates of
Occupancy At the dtscrenon of the Public Works D~reetor, the
Ctty may accept a fee tn lieu of constructmg these
unprovements Any fee shall be for the full cost to the Ctty for
the construction of the improvements.
• 4t1a Avenue SIW WIIUs Street. W1den to create a second
left-tum lane on eastbound W Willis Street to
northbound 4th AvenueS and extend the nght-turn lane
on southbound 4th Avenue S to westbound W W1lhs
Street. The intersectt.on would operate at LOS D dunng
the PM peak hour wtth these unprovements.
• 41
h Avenue N/W Harrison Street· Create channellZCd
nght-turn lanes on the eastbound and westbound
approaches of Hamson Street. Operations would
Improve for right-tUDllng vehtcles, by allowmg nght-
turmng vehtcles to bypass vehJ.cles that are wmtmg in the
through/left-tum lane and enter the 4111 Avenue N traffic
stream more qwckly.
12 Planne4 Actio• Ordinm~t:e-
Kent Station SEIS
These road tmprovements have been analyzed in the SEIS.
Stgmficant changes to the road unprovement plan proposed as part of
any Planned Actton ProJect that have the potential to stgnificantly
mcrcase tmpacts to atr qualtty, water quality, fisheries resources, noiSe
levels or other factors beyond the levels analyzed m the SEIS may
reqw.re addtt1onal SEP A revtew
6 Earth: A sigmficant change from the base of mformatton and
Sigmficant Impacts contamed m the SEIS under Prior Planmng and
Envtronmental ReVIew and from the so1l and groundwater
contammatlon tdentlfi.ed under Earth/Envtronmental Health m Chapter
ill of the SEIS that have the potential to adversely affect water quahty,
fishenes resources or envuonmental health concerns shall reqwre
addttlonal SEPA review, mcludtng passable MTCA compliance
7. Art Quahty: A Significant change m stte layout or traffic generation
from that Identified and evaluated m the SEIS that could affect localized
m qualtty would reqwre adchtlonal SEP A revtew. Construction related
mitigation measures to reduce m quabty Impacts, as outhned m the
SEIS, shall be mcorporated mto the construction plans where
appropnate.
8 Water. A Sigru..ticant change from the base of infonnatton and
stgmficant impact analysts contamed m the SEIS under Pnor Plannmg
and Env1romnental Rev1ew, and from the wetlands that were analyzed
under Wetlands m Chapter ill of the SEIS that have the potential to
adversely affect water quahty or tishenes resources m a material
manner not tdentdied m the SEIS will reqUire add!.tlonal SEPA rev1ew
The Ctty will rely on adopted local, state, and federal regulatJons to
mitigate the Significant unpacts to water quahty and quantity from the
Planned Actions
13 Planned Action Ordinance-
Kent Station SEIS
9. Pubbe Servtces and Utilities A significant change from the base of
mfonnatton and signtficant nnpact analysis contained m the SEIS under
Pnor Plannmg and Envuonmental Revtew, and a Signdicant mcrease m
the number of square feet or dwellmg units beyond the maxtmum
number rtMewed in the SEIS, whtcb bas the potential to result tn
sigmficant adverse envll'Onmental tmpacts not prevtously identified m
the SEIS m the development's provtston ofpubbc servtces and utilities
Will reqmre adcht10nal SEPA review.
E Planned Action Rewew Cntena.
1. The SEPA Official or deSignee ts authonzed to deSignate a proJect
appllcatlon as a Planned Action pursuant to RCW 43.21C.031(2)(a), tf
the proJeet application meets all of the followmg condlltons·
a The project meets the descnptlon of a Planned Actton Project as
set forth m this Ordmance, and wtll Implement any applicable
nutigatton measures tdentlfied m thts Ordmance; and
b The proJect 1S located Withm the Planned Actton Area or ts an
off-s1te unprovement directly related to a proposed development
on the subJect s1te; and
c. The proJect lS CODS1Stent With the Ctty of Kent Comprebenstve
Plan and the Downtown Kent Action Plan; and
d. The proJect's stgmficant adverse environmental tmpacts have
been adequately identified m the SEIS; and
e The proJect falls wtthm the Planned Action thresholds
established 1n Seetton 3(D) oftlus Ordmance; and
f The SEPA Offictal has determined that the proJect's s1gruticant
Impacts have been nuttgated through the apphcatton of the
Mlngatton Document m Exhibit A, as well as other applicable
Ctty, county, state and federal requirements and condtnons,
14 Pltlllned ActiDn OrtlinaiiCe-
Kent Station SEIS
wluch together constitute sufficient nuttgation for the stgmficant
environmental unpacts assoctated With the proposed proJect; and
g. The proposed project comphes Wlth all apphcable local, county,
state, and federal regulations, and where appropnate, the
proposed project compiles With needed vanances or
modifications or other spectal pcnmts have been adenbfied; and
h. The proposed project is not an essentlal pubhc facility
F Effect of Planned Action
l Upon deSlgnation by the SEPA Responsible Offictal that the
development proposal wtthm the Planned Action Area quahfies as a
Planned Actlon pursuant to this Ordmance and WAC 197-11-172, the
project shall not be subJect to a SEP A threshold detemunatJ.on, an
enVIronmental impact statement (EIS), or any additional revtew under
SEPA
2. Bemg destgnated a Planned Actlon or Planned Action Project means
that a proposed project bas been revtewed m accordance with tlus
Ordmance, and found to be conststent Wltb the development parameters
and envtronmental analysis mcluded in the SEIS, mcludmg tts
mcorporated and adopted documents
3 Planned Actton Projects Wlll not be subject to further procedural revtew
under SEP A However, these projects wdl be subject to condttlons as
outlmed m this document and the attached Exhibit A, winch are
destgned to mitigate any environmental tmpacts resulting from the
proJect proposal. Addittonally, projects wtll be subject to applicable
Clty, state and federal regulatory reqwrements The Planned Actlon
designation shall not excuse a proJect from meetmg the CJty's code and
ordmance requnments apart from the SEPA process
15 Planned Actwn Ordintutce-
Kent Station SEIS
G Planned Actwn Penmt Process. The Planmng Manager or designee shall
review projects and determme whether they meet the critena as Planned
Actions under appbcable state, federal, and local laws, regulations, codes and
ordinances The review procedure shall consist. at a nnrumum, of the
followmg·
1 Development appbcattons wtll meet the reqmrements of Kent C1ty Code
(''KCC'') Titles 6, 7, 11, 12, 13, 14 and 15 Applications shall be made
on forms proVIded by the Clty and shall mclude a SEPA checkhst or
revised SEPA cbeckltst or such other envtronmental reVIew forms
provided by the Commuruty Development, FU'e, and Pubhc Works
Departments The checkhst may be mcorporated mto the fonn of an
apphcation.
2 The Plannmg Manager will detennme whether the apphcanon 1s
complete as proVIded m KCC Chapter 12 01
3 If the project application IS within the Planned Action Area, the
application shall be reVIewed to deterrmne whether the proposed
application ts consistent With and meets all of the quahficatlons
specified m Section 3 of thts Ordmance.
4. After the Ctty receaves and rev1ews a complete application, the SEPA
Official shal1 detemnne; unhzmg the cntena and procedures contamed
m WAC 197-11-172, whether the proJect qualifies as a Planned Action
If the project does qualify as a Planned Actton, the Planrung Manager
shall notify the applicant, and the proJect shall proceed m accordance
With the appropnate permtt procedure, except that no additional SEPA
review, threshold detenmnatJ.on, or EIS wtll be required.
5 Pubhc notlce for proJects that quahfy as Planned Actions shall be tJ.ed to
the underlymg permit and not to SEPA nonce reqwrements Jfnottce 1s
otherwise requtred for the underlymg pemut, the notice shall state that
16 PltmnedActiqn Ordinance-
Kent Station SEIS
the proJect has qualified as a Planned Actl.on. If nottce is not otherw1se
requued for the underlymg pemut, no spec1al notice lS reqUired.
6. If a proJect 1s detenmned not to be a Planned Action, the Planmng
Manager shall not1fy the appltcant and prescnbe a SEP A revtew
procedure conslStent w1th the Ctty SEPA procedures and state laws.
The nonce to the apphcant shall descnbe the elements of the appbcatJon
that result m dJSquahficauon as a Planned Action.
7 Projects wsquallfied as a Planned Action may use or mcorporate
relevant elements of the enVIronmental revtew analysts m the SEIS
prepared for the Planned ActJon, as well as other environmental
docwnents to asSist in meetmg SEP A reqwrements The SEPA Official
may choose to hnut the scope of the SEP A reVIew to those Issues and
environmental nnpacts not preVIously addressed m the SEJS.
sgCTION 4. -Dme Penod. Tins Planned Actlon Onllnance shall be
reVIewed no later than December 1, 2010 by the Planrung Manager to determme 1ts
contmwng vahwty Wlth respect to the envuonmental cond1tlons of the Planned Action
Area and the vtcwty and adequacy of Planned Acnon requirements and mttgatl.on.
Based upon tlus revtew, tlus Ordmance may be amended as needed, and another
_ ~e~C~J~EI()(f~~ ~e S()~C_!_fi~-----_ _ __ _ _ _______ .
SECTION 5. • Conf11ct In the event of a conflict between the
Ordtnance or any mttlgatlon measures lDlposed pursuant thereto and any ordmance or
regulatlon of the C1ty, the provisions of this Ordinance shall control EXCEPT that
proVIsion of any Uruform Code shall supersede
SECTION 6. -Severab!flty Should any sectlon, subsection, paragraph,
sentence, clause or phrase of this Ordmance or Its apphcation be declared
unconstttutlonal or mvahd for any reason, such dec1S1on shall not affect the vahdtty of
17 Planned Action Ordinance -
Kent Station SEIS
,'1
the remammg portions of tills Ordtnance or 1ts apphcatlon to any other person or
Situation.
§ECI'ION 7. -Thrrd Partv Lzabu!l}'. Tins Ordmante does not create or
othCIWISC establish or des1gnate any pamcular class or group of persons who Wlll or
should be especially protected or benefited by the terms of these regulatl.ons. No
provisiOn or tenn used m these regulatlons 1s mtended to tmpose any duty whatsoever
upon the C1ty or any of 1ts officers, employees, or agents
Notwithstandmg any language used m this Ordmante, It 1s not the mtent
of this Ordinance to create a duty and/or cause of action ronmng to any mdlVldual or
1dentJ.fiable person, but rather any duty ts tnten.ded to run only to the general pubhc
SECfiON 8. • EffectiVe Date Tins Ordmance shall be effecttve upon
1ts passage, approval, and five (S) days from and after its passage, approval and
pubhcation as proVIded by law.
ATTEST:
'\ ,,,
" ······· ~ ~ .. . . . · ,, .. , •• ,.. ,_:a•.$.
: ..,.. .. r. . ,.. ....... -
: .J r:4 =· ~ 0. t:"' :.
•• (C. " : ·. .., r.r .· •.. "' .• ·········· ,. l
18 Pltmned ActiD11 Ordilltllfce-
Kent Station SEIS
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED· /6 day of __ c;~ur-=::;t:...---'' 2002.
APPROVED lb day of--~~4-...,~---' 2002
PUBLISHED. clD day of __ §"lf-"4J'io.:::lod"¥-:---'~ 2002.
I hereby certify that this IS a true copy ofOrdmance No J & 0 Y
passed by the Ctty Counctl of the Ctty of Kent, Washington. and approved by the
Mayor of the Ctty of Kent as hereon mdtcated.
A....t.~ ~SEAL)
BRENDA JACOBE ITY CLERK
,AS tAl ./o . .......... ..-" .. .. ~ ~ .. . .... -:-.'ll."rrs\ .. . (..(. . .,..
• ~ f • -------~.\_:1_!-_~~'I!C~_: -------------------
' ·.. .: "" , . .. .. , ....... ·:.
19 PltJnned Action Ordinance-
Kent Statirm SEJS
Exhibit A
D RAFT Mitigation Document DRAFT
Keat Station Planned Action
INTRODUCTION AND PURPOSE
The State Envuonmental Pohcy Act (SEPA) reqmres enVU'Onmental review for proJect
and non-project proposals that may have SJgnificant impacts upon the envuomnent
In order to meet SEPA requJrements, the SEP A Official for the C1ty of Kent ISSUed a
Draft Supplemental EnVIronmental Impact Statement for the Kent Station Planned Acflon
on Apnl 23, 2002, and a Fmal Supplemental EnVlTOnmental Impact Statement on July 8,
2002 (collectively, the "SEIS"). The SEIS has 1dent1fied stgmficant tmpacts that would
occur With the future redevelopment of the subJect s1te together With a number of posSible
measures to !Dltlgate those stgmficant nnpacts
The purpose of thls Mtugatton Document IS to establish speatic m1tJgat1on measures,
based upon s1gruficant tmpacts 1dent1fi.cd m the SEIS The mttlgatlon measures would
apply to future development proposals that are deemed, pursuant to the Ctty's Planned
Actlon Ordmance and WAC 197-11-172, to constitute Planned Act1ons or Planned
Actton ProJects that are comparable to the Proposed Action reVIewed m the SEIS, and
that are located on the approxunately 25 acre subject stte (see Exlub1t B) The mttlgatlon
measures may also apply to off-stte Improvements, tf they were analyzed m the SEIS
Pursuant to RCW 43 21C 240 and WAC 197-11-150, th1s mttlgatton ISm addltton to the
nutlgation reqwred by other appltcable C1ty, county, state and federal regulations and
requtremcnts.
USEOFTERMS
------~-------------------- -
--------------
------~ As several sutularteims are utlhzed tn tins Mltlgatlon Document, the folloWing phrases
or words are defined bnefly
SEPA Tenns
"Actzon" means proJects or programs financed, hcensed, regulated, conducted or
approved by an Agency "ProJect act1ons" mvolve decJstons on a speclfic proJect such as
a constructton or management actlVlty for a defined geographic area "Non-project'
actions mvolve dec1stons about pohcies, plans or programs. (See WAC 197-11-704)
"Pklnned Act1on" refers to types of proJect actions that are dmgnated by ordmance for a
spectfic geograplucal area and addressed m an EIS, m conjunction with a comprehenstve
plan or subarea plan, a fully contamcd commumty, a master planned resort, a master
planned development or phased proJect (See WAC 197-ll-164).
Exlulnt A-Mlllgallon Document
Kent Station Planned Action
Page2
"Proposar means a proposed acbon, wluch may be actions and regulatory decisions of
an agency, or any actions proposed by applicants. (See 197·11·784)
OtherTenns
The subject s1te or Planned Acnon Area may be referenced as "Kent Statlon," "szte,"
"sub;ect szte" or "Planned Actwn Area" in tlns document Mlbgat1on measures may also
apply to off·sJte Improvements analyzed m the SEIS
This document mcludes mitigation measures that are ned to the approval of site plans,
construction plans, ctvll plans, plats, planned urut developments, and design review
Regulations are found m Kent City Code Titles 6, 7, 11, 12, 13, 14 and 15.
General InteJpretatlon
Where a mitigation measure mcludes the words "shall" or ''will" the requirement IS
mandatory Where "should" or "would" appear the words convey the City's expectation
and desireS g~ven ClfCumstances presently known, With recogmtlon that pertinent
alternate or eqmvalent reqwrements may be Imposed as more detailed des1gn or reports
are conducted consistent wrth the m.ttlgatlon measures.
Unless stated specifically otherwise, the m.ttlgat1on measure reqmrenients to prepare
plans, conduct studies, construct Improvements, conduct mamtenance actlVltles, etc , are
the responsi\nhty of the future developer(s) to fund and/or carry out
DEVELOPMENT PROPOSED UNDER PLANNED ACTION
Prooosed Action
• Approval of a plan to redevelop the Planned Action Area Wlthm Kent's
Downtown as a miXed-use mban VIllage
• Adopt1on of an ordmance destgnatmg the Kent Station Site as a Planned
Action for purposes of SEPA comphancc (per RCW 43.21C.0:>1(2)(a}, and
WAC 197·11·164 and 197-11·168).
The Clty of Kent Downtown Strateg~c Acbon Plan Identified the SubJect Site ( "S1te") as
a key redevelopment opportumty and recommended prcpanng a master plan The
Plarmed Acllon designation reflects a decmon that adequate envuonmental review has
been completed and that further enVU'Onmental review, under SEPA, for each spec1fic
development phase would not be necessary 1f It IS detemuned that any g~ven Planned
Act1on Project 1s consistent With the development levels spectfied m the Planned Action
Ordmance and evaluated m the SEIS and/or apphcable development regulations
Exhlb1t A -MIUgatioD Document
Kent Statton Plamlcd Action
Page3
The Planned Action mcludes a combmatlon of retail, commerctal,
educatJ.onaVmstttutional, res1denb.al and mlXed-use redevelopment proJects through the
year 2010 It also includes the C1ty's approval of Planned Umt Development
(PUD)Imaster plan, admunstratlve des1gn reVIew, wetland lDltlgatlon plan, subdJviston,
clVll construction drawmgs, and bwldmg pemuts. A program of road, mfrastructure, and
streetscape unprovements are mtegral to the redevelopment proposal. The City and the
Kent Station developer may also execute a development agreement, pursuant to RCW
36 70B.I70. The agreement would set forth the development standards, mtllgatlon
reqwrements, reVIew procedures, etc apphcable to future development
The SEIS prov1des conceptual mformatlon on the potential miX of uses, bulldmg density
and he1ght, accesslcuculanon, recreation and open space opportunities and other
development features. The mtetlSlty of Site development would fall wtthm the range of
development represented m Alternative 2 of the SEIS (Reference Chapter II of the Draft
SEIS). The proposed development thresholds cons1st of 518,400 square feet of
commerctal, 169,400 square feet (200 rooms) of hotel/conference center, and 480 umts of
housmg (434,000 square feet) Also mcluded are 2932 parlcmg stalls and 53,000 square
feet of park/open space.
Auobcab1hty of Mttlgatlon Document
This Dlltlga.bon document apphes to the Proposed Action, Alternative 2 analyzed m the
SEJS. For the m1t1gat1on document to apply to future development proposed tn the
Planned Actton Area, that proposed development must be comparable to or w1tlun the
range estabhshed by Alternative 2, as shown below
Kent Station Alternative 2 -Summttry of Development
LAND USE
Commercial (square feet)
Retml
Restaurant
Grocery
Cmema (12-Screen, 2,800 seats)
Office
Commumty College
BoteVCoufereace Center
Hotel Rooms
Subtotal
Multi-family Resideotial (square feet)
Housmg Umts
Total Commerclai/Resideotial Developmeot
Park I Opeo Space
Civic Plaza (Alt 2) I Plaza Area (Alt 3)
Park Block (Alt 2) I Town Square (Alt 3)
Borden Playfields
Parking (stalls)
Alternative l-Kent Station Proposal
518,400sf
191,800
35,900
47,700 ss,ooo
138,000
50,000
169,400sf
200rooms
434,000 sf
480 Units
l,Ul,SOO sf
53,000 sf
23,000
30,000
0
1,931 stalls
E.xlnbrt A-Mmpuon Document
Kent Stabon Plumed Actton
Page4
Bwldmg be1ghts range from one to SlX stones (Reference Chapter II, Tables 4 and 5 m
the SEIS).
All of the alternatives would provide the same pubhc street u:nprovements to 181
, 2''"' and
4th Avenues N Two new pubhc streets would also traverse the SJte· 1) Temperance
Street between 181 and 2nd Avenues N., and 2) 2nd Avenue N. would be extended from
Smtth Streetto 4111 Avenue N (Reference Chapterll-14-ll-16 of the SEIS).
If future proposed plans exceed the maxnnum development parameters reviewed.
supplemental environmental reVlew may be reqwred pursuant to WAC 197-11-172 and
other apphcable SEPA Rules
MITIGATION DOCUMENT
Based upon the SEIS, whlch is Incorporated by thts reference, this Mtbgatl.on Document
tdentdies s1gmfi.cant adverse enVJrOnmental 1mpacts that are anticipated to occur m
conJunctiOn w1th the development of the Proposed Acuon Mitigation measures are
hereby estabbshed under SEP A Rules to address spectfic nnpacts tdenttfied m the SEIS,
based upon the Proposed Actton.
AdditJ.onal conSistency review under the Planned Action, s1te plan revtew, and other
permit approvals Wlll be reqmred for specific development acuons under the Proposed
Actton pursuant to WAC 197-11-172. Addtttonal proJect condluons may be nnposed on
what are deemed to be Planned Act1on ProJects based upon the analys1s of the proposal m
relationship to mdependent reqmrements of c1ty, state or federal requrrements or rev1ew
cntena.
Any apphcant for a proJect Within the Planned ActJon Area may request modifications to
these nnbgation measures, 1f appropnate and as a result of changed crrcumstances, m
order to allow an equtvalent substitute m1ttgatton or removal of a m1tlgatton reqwrement
Such modificattons would be evaluated by the City SEPA ResponSible Official pnor to
any approvals by the City, based upc;m SEPA Rules
As permitted under SEPA Rules (WAC 197-11-660), It IS recognized that there may be
some adverse nnpacts that are unavoidable because reasonable or feasible nuttgatJon
cannot be achieved for the Proposed Acbon.
Provtded below for each element of the enVtrOmnent analyzed 10 the SEIS for the
Proposed Action are (a) summary of and/or reference to SEIS analysts of sigmficant
environmental Impacts (direct, mdlrect and cumulatiVe); (b) summary of stgmficant
unavoidable adverse unpacts, (c) mitJgatJon measures cstabbshed by this Mitt.gatJ.on
Document, and (d) a hst of federal and state laws and local poltctes/regulabons on winch
mitlgatlon measures are based
~~------
Exhib1t A-Mmgauon Document
Kent Statton Planned Acnon
PageS
In combmatton, regulations apphcable to each element of the environment and mtttgatlon
measures imposed by this document wtll apply to and govern any Planned Action Project
and Will adequately mtt1gate all stgruficant envrronmental mpacts caused by the
Proposed Action, except for those Impacts that are identified as "s1gm:ficant unaVOidable
adverse impacts "
1. Earth/Environmental Health
A. Sigmficant Imnacts Chapter m of the SEIS addresses remediation of on.-stte sod
and groundwater contammatton Other potential envrronmental impacts to earth
resources and environmental health (1 e., notse) have been adequately addressed
m prevtous envuonmental documents and are summarized m Chapter D of the
SEIS. A summary of unpacts 1s provided below based upon the SEIS Summary
Matrix.
• Exposure to contammated sods and groundwater on the site could pose
potenbal health nsks to the pubhc Health nsks are the basis of the apphcable
cleanup levels that are bemg unplemented through a cleanup plan
B Stgmficant Unavotdable Adverse Impacts Provtded that reasonable mttlgatlon
measures are properly followed, no stgmficant unavotdable unpacts are
antiCipated.
C. MttigattOn Measures The mtt1gat10n measures estabhshed below address tmpacts
identified tn Chapter III of the SEIS.
• No mttlgahon measures beyond those already tdentt:fied and bemg
tmplemented m connection Wlth cleanup of the Borden Chemtcal FaCllity,
BNSF, Reunan Trust, Brutsche, Sdvestn and adjacent sttes are reqwred.
Cleanup acttv1bes would be coordinated Wlth redevelopment of the s1te and
associated construction actlVlbes
• Any requ1red Clean up actlons will OCCllr as part of, and concurrent With, s1te
preparation and constructlon acbvtttes for the 2nd Avenue extension and other
proposed on-stte development Consistent wtth the recommended morutonng
program, any momtoring wells displaced by redevelopment shall be relocated.
• Monitonng shall occur as recommended m the Phase ll site assessment
reports
• Earthwork should be accompbshed dunng the dry season from May to
September whenever posstble, when sods are bkely to be compacted and
when erosion and sedimentation act1v1ty are at a seasonal low.
• Eros1on control methods m the short term can mclude channehng surface
water runoff, eros1on preventing slope cover (e.g straw), channellmers, and
sedtmentatton control ponds Long tenn methods mclude rntnlmlzmg the
concentration of runoff onto fill, cut or natural slopes, and muunuzmg
<hsturbances to natural dramage courses and extstmg vegetation
Exlub1t A-M1bgatlon Document
' Kent Sttuon Planned Actlon
Page6
2. Air Quality
A. Stgnrlicant Impacts Chapter n of the SEIS mcludes an exanunatton of
stgruticant impacts to m quality m tenns of construction act1Vlbes, generated
traffic, and indtrect all' emtsSJons. In general. reduced emtsstons of parttculates,
carbon monoxtde and mtrogen oxtdes would be assoctated wtth concentrating
growth m a nuxed-usc pattern at lugher denstttes in pedestnan-onented areas.
Locahzed dust and exhaust ermsstons would be generated from construcbon
actlVlttes.
• An Alr Quahty Confonwty Analysts was conducted in conJuncbon wtth the
FSElS. No stgmficant impacts were identified and no nungatton measures
related to confonmty are reqwred
B. SlWfican.t Unavotdable Adverse Impacts: ProVided that reasonable mtbgatJon
measures are properly followed, no stgmficant unavotdable IUlpacts are
antlctpated.
C MttJgatlon Measures· The followmg construction related mtUgatton measures to
reduce au quality tmpacts shall be incorporated mto the construction plans where
appropnate
• Use only eqwpment and trucks that are mamtamed m opttmal operatlonal
condttJ.on
• Reqwre all off road eqwpment to be retrofitted wtth errusston reducbon
equipment (1 e , reqwre parttc1patlon m Puget Sound regt,on Dtesel Solutlons
by project sponsors and contractors)
• Use bto diesel or other lower-emtsSJon fuels for veblcles and eqwpment
• Use carpoobng or other tnp reductton strategt,es for construction workers
• Stage constructlon to mnunuze overall transportation system congestlon and
delays to reduce regtonal emtSstons of pollutants dunng construction
• Implement constructton curbs on hot days when region JS at nsk for exceedmg
the ozone NAAQS, and worlc at rught instead
• Implement restncbons on constructton truck tdling (e.g., bmtt 1dlmg to a
maxunum of 5 mmutes)
• Locate construcbon eqwpment away from sensibve receptors such as fresh au
mtakes to bwldmgs, m concbboners, and senSJtJve populations
• Locate constructlon stagmg zones where dtescl emlSStons won't be nottceable
to the pubbc or near senSJttve populabons such as the elderly and the young
• Spray exposed sotl wtth water or other suppressant to reduce emtss1ons of
PMl 0 and depoSltJ.on of partlculate matter
• Pave or use gravel on stagtng areas and roads that would be exposed for long
penods
• Cover all trucks transporting matenals, wettmg matenals m trucks, or
prov1dmg adequate freeboard (space from the top of the material to the top of
the truck bed), to reduce PMl 0 emtsSJons and depoSition dunng transport
Exlnblt A-Mmptlon Document
Kent Statlon Plamd Aet1on
Page7
• ProVIde wheel washers to remove particulate matter that would otherwise be
earned off-stte by vehicles to decrease depostbon of parttculate matter on area
roadways
• Remove particulate matter depoS1ted on paved, pubhc roads, sidewalks, and
btcycle and pedestrian paths to reduce mud and dust; sweep and wash streets
contmuously to reduce emissions
• Cover du1, gravel, and debns piles as needed to reduce dust and wmd·blown
debns
• Route and schedule construction trucks to reduce delays to traffic dunng peak
travel tunes to reduce m qualtty tmpacts caused by a reductlon m traffic
speeds
3. Noise
A. Stgmficant Impacts. Increased notse and Vlbratton would be associated WJth
construction These IDlpacts could be mtenstve m some locattons for ltmtted
penods of time Some construction eqmpment and methods (e g., ptle dnvmg)
can produce peak notse levels greater than 1 OOdBA. as well as sigmficant
v1bratton
B Sxgmficant Unavouiable Adverse Impacts Provided that reasonable nuhgatton
measures are properly followed, no stgmficant unavotdable unpacts are
anttctpated.
C Mxngation Measures
• Mitigation measures for construction tmpacts may mclude enforcement of
lumts of the hours of construction actlVlty, proper mamtenance of equipment,
use of mufflers and/or temporary sound bamers, alternative constructJon
teclnuques (c g, ptle augunng), contractor preparation of noise control plans,
and acttve momtoring and enforcement of appltcable standards.
4. Wetlands
A. Stgmficant Impacts Chapter m of the SEIS includes an exammatton of
s1gmficant impacts to wetlands. A summary of unpacts ts provtded below based
upon the SEIS Summary Matnx. For a more detailed dtscusston of impacts, see
Chapter ill of the SEIS.
• Three on-site wetlands would be filled to permtt construction of planned
bwldmgs, roads and mfrastructure
B Stgmficant Unav01dable Adverse Impacts The wetland funcuons, values and
area would be lost, and are unavoidable m the context of the alternative stte plans
and the Ctty's goals for Downtown development.
Exlnb1t A-M1ugatK>n Document
Kent Statwn Plumed Action
Page8
C Mttlgatlon Measures.
• Mitigation, m the form of off-Site compensatlon, would occur consistent With
the Ctty's adopted wetland standards and regulanons and shall mclude the
preparatlon of a wetland JDibgatton plan.
5. LaadUse
A. S1gmficant lmpacti Chapter III of the SEIS includes an exammatton of
sigmficant unpacts to land use A swnmary of 1D1pacts is provided below based
upon the SEIS Swnmary Matnx For a more detalled discussion of tmpacts, see
Chapter ill of the SEIS
• Proposed development would be of htgh.er density and mtensity than the No
Action alternative and therefore mvolve potentially greater impacts
However, proposed development would be comparable to the density and
mtenstty permttted under current zonmg
• A 1D1X of uses would occur.
• The character of the stte would change Sigruficantly from low-denSity, auto-
onented, Sllburban area wtth SlDall bwldmgs surrounded by large parking lots,
to an urbamzed, pedestnan-onented/transtt-onented distnct.
• Borden Playfields would be replaced by urban park space resultmg m a net
reduction of between 3 S and 3 8 acres of park land m the Ctty Demand
could mcrease at other park factbtles
• Increased hght, notse, and acttvtty assoctated wttb an urban area may be
nouceable from restdentlal area to the north
• Proposal would encourage new econotmc, ctvtc and pedestnan actmty m the
area that mdtrectly could result m mcreased development pressure on
surrounding properties to mtenstfy.
• Some ex1stmg uses may be displaced and could relocate witbtn the s1tc or
nearby commercial dtstncts. As redevelopment occurs, potenttal land use
conflicts between adjacent low mtensity uses and new development could
reSlllt
B. Stgmficant Unavotdable Adverse Impacts· Some displacement of extstlng land
uses on the Kent Statton Planned Action Slle would occur Some llDltted contrast
m land use mtens1ty, bu1k and scale would occur, pnmartly where larger bwldmgs
arc proposed adJacent to exiSting smgle fannly restdences. Impacts relatmg to
hghbng and notse may be mttlgated but cannot be enhrely avotded, they are
considered to be an mherent charactensttc of a DUXed-use urban netgbborhood
C Mtttgatt.on Measures Kent's adopted ComprehensiVe Pian. zoning regulattons
and Downtown Des1gn Gwdelmes proVIde pohctes, processes, standards and
development regulations that would nnttgate most tdenttfied unpacts
• UtdiZC careful Site plannmg, butlding des1gn and buffenng Uttbze tecbruques
such as hghtmg bmtts, full cut-off fixtures, ample landscapmg to buffer
Exlub1t A-MitigatiOn Document
Kent Station Pli1JIJ1Cd ActiOn
Page!)
adJacent uses and ensure pnvacy, placementlonentatlon of some butldmg
elements (e g., dehvenes, sohd waste receptacles) to help control notse.
• Locate taller bwldings m the mtenor of the site, set back upper stories of taller
bmldmgs from the street, or utlhze adc:b.tional screening or other destgn
techmques to reduce the 1mpact to existmg smgle farntly neighborhoods.
• To mmumze potenhal busmess and employment displacement IIIlpacts that
would occur on-site, the City should provtde technical assistance m relocation
to other suitable Sites.
• In mtxed-use areas, the potential mtruston of notse from commerctal, office
and retail areas into reSidential areas should be minimized by limitmg noisy
acbvttles (e.g. trash collection or compostmg) to hours outside of 11 pm to 7
am
6. Relationship to Plans, Policies and Regulations
A Significant Impacts. Chapter m of the SEIS revtews the COJlSlstency of the Kent
Statlon Planned Action altcmattves to selected federal, state, regtonal and local
plans, pobcies and/or regulattons.
• The proposal1s consistent with GMA planmng goals to gutde growth mto an
area wtth extstmg and planned mfrastructure. The proposal also IS consistent
wttb the City of Kent's land use designations, transportation, econotruc
development, and commumty deSign pohctes and goal of redevelopmg
Downtown from a low-mtenSity suburban character to a lugher mtenstty urban
character.
B SllZlllficant Unavoidable Adverse Impacts None are anttcxpated
C MttlgatJon Measures No spectfic mitigation measures are warranted beyond the
application of Ctty regulations, which m many cases contam lilltlgatton features
Future development or redevelopment wtthin the Downtown IS subJect to extstmg
federal and regional storm water management plan rcqwrements, local
development regulations, local concurrency regulations, and destgn standards.
7. Aestheties
A S!gruficant Impacts Chapter ill of the SEIS mcludes examma.tJ.on of stgruficant
tmpacts to vtsual character, mcludmg mtenslty, bulklscalelhetght. Vlsual
compatibility, strectscape contmulty, and hght and glare generated. A summary
of unpacts IS proVIded below based upon the SEIS Summary Matnx.
• The proposal lS bkely to Improve visual quahty overall Proposed
development would support the Histone Dtstnct by nnproVIng streetscapes,
pedestnan connections, and urban parks, resulting m a more urufied
Downtown core area
• The proposal would provule mtxed-use development m butldmgs rangmg
fiom one to SIX stones m height and lot coverage of up to 95 percent Most
butldmgs would contam ground floor retail uses to encourage a lively
Exlnb1t A-Mlllgatlon Document
Kent Stabon PlauDed ActiOD
PagelO
pedestrian onented envllOJliilent. On-street, surface and structured parkmg
would be provtded
• Some negative impacts could result from differences in bulk and scale along
the northern edges of the site, where more mtenstve development would be
near single family residential uses The proposed development also would be
larger m bulk and scale than the structures m the adjacent H1stonc Core
DJ.stnct
• Light, glare and shadowmg likely wtll mcrease
B Stwficant Unavoidable Adverse Impacts; The expected stgmficant VIsual and
aesthetic change 1s generally consuiered to be posttive and are conststent wtth the
Ctty of Kent Comprehens1ve Plan. Mlt.tgallon measures below, together wtth the
C1ty's adopted development regulations and design standards are adequate to
m~tlgate the antiCipated stgndicant adverse tmpacts
C M!.tlgatton Measures
• Ubhze careful site planmng, bwldmg dcstgn and buffenng. Uttbze techmques
such as hghtmg hoots, full cut-off fixtures, low hanging street lamps, and
ample landscaping to buffer adjacent uses and ensure pnvacy
• Locate taller bulldmgs m the mtenor of the s1te, set back upper stones of taller
butldmgs from the street, or ubhze addluonal screenmg or o1her destgn
altemabves to reduce the 1mpact to ex1stmg smgle famdy neighborhoods.
• Probtbtt reflcctJve bulldmg matenals
8. Traasportatiou
A S1gmficant Impacts Chapter ill and Appendix C of the SEIS exammes
sigmficant unpacts to parking and the transportabon system A summary of
Impacts IS proVIded below based upon the SEIS Summary Matnx.
• Tnp Generabon New Weekday tnp generabon ranges from a total of 13,200
dally and 1,380 PM peak hour tnps
• Levels of Service Intersection levels of semce are expected to generally
remam the same as 2010 Basebne for more than half of the study area
mtersecbons. At these intersections a shght mcrease in delay 1s expected but
mcrease m total m.tersccbon volume ts msuffictent to cause a notlceable
change m LOS. Between 14 and 16 study mtersectlons are anUctpated to
operate at or over capactty With or wtthout the Proposed Acnon In
companson to 2010 Baselme, 5 adcht.tona.l mtersectlons would operate at or
over capactty Wlth Alternative 2.
• Valley Freeway SB RampsiW WilliS Street
• Valley Freeway NB Ramps/W Wdhs Street
• 4th Avenue SIW W1U1s Street
• 4th Avenue N/W Hamson Street
• 1st Avenue N/W James Street
• Stte Access. W1th or Without the Proposed Actton, mtersections around the
pmmeter of the stte, those proVIdmg a connection between the stte and the
· Exlnbtt A-Mrtlptton Document
Kmrt S1abon Plaaned ActiOil
Page 11
external street system, are expected to operate at between LOS A and F.
UnSlgnaltzed access pomts mtersectmg With W James and W Snuth Streets
are ant1c1pated to operate at LOS F, whtle the stgnalized access pomts on
these artenals are expected to operate at LOS A and LOS B The unstgnaltzed
access pomts on the more minor roads are anticipated to operate between LOS
B and C and mtersections mternal to the stte are expected to operate at LOS B
or better.
• The Proposed Actton provides 2,932 parlong stalls, wtth 995 shared stalls m
the Sound Trans1t Garage and surface parlong lot Proposed supply falls
wtthm the nnrumum and maxunum range depending on tune of day and day
of week. Anbctpated demand, separate from commuter demand, also falls
wttlun the nummum and maxtmum code requirements Adopted code
reqwrements are suffictent to satisfy anttctpated parkmg tmpacts
• Wtth or wtthout the Proposed Action, construction would generate some truck
and velucle traffic assoctated wtth excavation and hauhng, dehvery of
matenals, and SlDlllar types of actlVlty Whlle constructton may cause
mconvemences directly adjacent to the stte, the nnpacts would be temporary
and are not expected to extend to the surroundmg study area.
• The Ctty has tdenttfied the S 2771h Street Comdor unprovements (both
constructed and porbons planned for construction), as providmg stgruficant
rehef on the extstmg east/west comdor system, mcluding SR 516 Tlus
comdor and associated unprovements wtll provtde a necessary commuter
alternate route from 1-5 to Kent's East Hill whtch bypasses the Downtown
Core. EnvirOnmental Mttigatton Assessments charged to the developer will
be assessed at the LID rate for the S 272rtd/S 2771h Conidor and Will
proportionately pay toward unprovements along that corridor that are
ulenb.fied on the C1ty's 6-Year Transportation Capital Improvement Plan
B Sigmficant Unavotdable Adverse Impacts· Traffic wtll mcrease as a result of
forecast growth, wtth or wtthout 1II1plementat10n of the altcmallves. Congestion
will mcrease and levels of scrvtce wtll decrease at nearby mtersections.
C. M1t1gation Measures
• Construction Traffic. The Ctty wtll provtde proJect spectficattons that will
dtctate the route used by construction traffic to enter and exit the constructlon
Site, stipulate the hours of work, and stipulate maximum pemntted noJ.Se
levels The contractor shall proVIde traffic control when construction traffic
would d1srupt the normal traffic flow This traffic control wtll be m the form
of flaggers, vanable message stgns, bght and other traffic control devtces
The hours of work shall rmmm1ze the Impact at heavy traffic tlmes The
contractor shall mamtam Ctty roads used by construction traffic by keepmg
them clean at all tlmes The contractor shall control dust by watenng the stte
frequently or by other means acceptable and approved by the C1ty.
• Transporta.tlon Management Program· The developer and the City shall
develop a Transporta.tlon Management Plan (1MP) for employment and
' Exlub1t A-Mlngati.OD Dacument
Kent Statton Plumed Act:lon
Page 12
residcntlal components of Kent Statton The TMP shall support a goal of
reducmg employee and reatdenbal Smgle Occupant Velucle (SOV) travel
along With the potentlal increase m transit and rail service over time
• Off-Stte Mtngation The Kent Statton developer shall pay an EnV1rOnmental
Mitlgatlon Fee to participate m and pay a proportionate share of the
constructlon costs to the Ctty's South 272nd/South 277lh Street Corridor
proJect to support an alternattve velncular through-route that bypasses
Downtown Kent The fee shall be at a rate of$1,068 per PM Peak hour tnp
(m 1986 dollars to be adJusted for mflabon based upon the Consumer Pnce
Index, US Ctty Average for all Urban Consumers, or the substituted mdex as
prepared by the US Department ofLabor).
Additionally, the folloWing unprovements to the local transportabon system
shall be pl'OVlded for Phase I MltJgatton (0 to 690 net new PM peak hour
tnps)
• 41• Avenue N/S 228u. Street Construct a nght·tum lane on eastbound S
2281h Street to southbound 4lh Avenue N Combined wtth protected
phasmg for tins new nght·turn lane, operations could be improved from
LOS F to LOS D dunng the PM peak hour
• Ceatral Aveue S/W Willis Street: Construct a new right-tum lane on
southbound Central A venue S to westbound W WtlHs Street. The new
nght-tum lane would operate protected Wlth east and westbound \eft-tum
movements to estabhsh a LOS D.
• 1 1111 Avenue 8/W WlUls Street: Tins unSJgnahzed intersecbon is
antiCipated to operate at LOS F on the minor approaches of 2nd AvenueS
m 201() wtth ettber the Proposed Actton or No Actlon ahemattves
Restnct left-tum movements from W Wtllis Street onto 2nd A venue S.
The followmg unprovements to the local transportation system shall be
proVIded for Phase II Mitigation ( 690 to 1,460 net new PM peak hour tnps):
• 41• Avenue SIW Willis Street· Wtden to create a second left-tum lane on
eastbound W Wllbs Street to northbound 4lh Avenue S and extend the
nght-tum lane on southbound 4th Avenue S to westbound W Wtllis Street
The intersection would operate at WS D dunng the PM peak hour w1th
these Improvements
• 41
h Avenue NIW Harrlsoa Street Create channeliZed nght·turn lanes on
the eastbound and westbound approaches of Hamson Street Operations
would IDlprove for nght-tummg velueles, by al1owmg nght-tum.mg
velucles to bypass velncles that are wattmg m the through/left-tum Jane
and enter the 4ih Avenue N traffic stream more qwcldy
Exhlbrt A-Mltlgabon Document
Kent Stabon PJumed Acbou
Page 13
9. Nexus
It 1s appropnate, as per WAC 197-11-660 and RCW 43 21C.060 that the C1ty of
Kent estabhsh comhtlons to m1t1gate any 1dent1fied impacts associated wtth tins
proposal, conststent With the Ctty's substannve SEPA authonty, Kent C1ty Code
sectlon 11 03 510
EXHIBIT "B"
North Core District
[ -~------·
· EXIIIBJTC
Legal Description
Those portions of the Southeast quarter of Section 13, Township 22, Range 4 East, W.M.,
and of the Northeast quarter of the Northeast quarter in Section 24, Township 22, Range
4 East, W .M., including platted properties therein lying South of the North right-of-way
margin of James Street, lying West of the East ntt-of-way margin of 111 Avenue North,
lying East of the West right-of-way margin of 4 Avenue North, and lying North of the
South right-of-way margin of West Harrison Street; together with that portion lying East
of the West right-of-way margin of 2"" Avenue North and lying North of the South right-
of-way margin of ':Vest Harrison Street.
Situate in King County, State of Washington, W.M.
,
: l I
\ ~ I ; , I
\~ I
I I! I
' I I
I I
I
L, I
I l J I
i I I
I I
'I I
'\ I
' . I
\I I
hI ' r. 1
i I
~: . I
I
' I
I I
:~
• 'V>l
=j
I
I
'i ~!!l
!B
~
' ..
i
·! ..
I )
'
' ''
~)
~f
~l
~
,_
~ IJ i11C'> :z li1 ;tl-0 --:t < n §;
-lO r-• m (")II c;;...:> -InA ,....., < z 0.1 = -:z = rn '11-l 1'..:1
1 (""I
~ ~ r111111 r > r1!1111'arJillf1
-;111111 r
EXHIBITD
10 Acre Initial Phase (1 page}
I
I :
I l:
I :
I .
I ;
I I ·.,
I
I
I
I ' I
;:t;::~::::=:::::;-"1 ;
I
I , I .
I ' I
I
I .
I
I
II
!!l' I .
---
'
KENT STATION MPD
#PUD-2002-1 AND ISU-2002-9
KIVA #RPP3-2023555
tKerffitt ~~Iffi ' 111 ~ I· J~
Kent, W&W*lQIOn ~I•
~ M l
---
EXHIBITE
CITY INFRASTRUCTURE IMPROVEMENTS (3 pages)
Ramsay Way/lot Ave. N. & 41b Ave. N. Widening Project
The improvements descnbed in this Exhibit E are to be or have been constructed or provided by the City, unless
otherwise noted below:
First Ave. North-W. Temperance St. toW. James St.
City will widen First Ave N. on the west Side between W. Temperance St. and W James St. to provide a 3-lane, 36'
wide road with asphalt paving, curbs and gutters, street trees, illummation, and undergrounding of ex1stmg power
and telephone. The City will coordmate with the various utility providers to underground existing utility lmes m a
Joint dltch m the furure sidewalk location.
Developer, in conjunction with the issuance of a development permit on the adJacent fronting property, shall
construct a 10 -12 foot wide concrete sidewalk w1th street tree frames, grates and root barriers along w1th any
mtenm asphalt pathway thereto from e1ther or both James St. or Temperance St. as determmed necessary by C1ty.
All Improvements constructed by the Developer shall be m accordance with City Construction Standards.
Water:
C1ty Will provide one (I) water stub off of the existing waterline to the back of sidewalk in I" Ave. at a locatiOn to
be mutually agreed upon by City and Developer
Utilities:
City will coordinate with the power, telephone and cable companies to underground the eXIsting overhead uhhtles,
and place new facilities m a jomt trench along the west side of I" Ave.
Fourth Ave. North-W. Smith St. toW. James St.
Street·
City will widen Fourth Ave. by one lane to the east to provide a center left tum lane (S-lane road sectiOn, 58'
mm1mum width) from W Srn1th St. toW. James St. This section w1ll mclude a 12' w1de sidewalk on the east side
w1th street trees, illuminatiOn, storm stlibs, and utility undergrounding for power and telephone. A nght tum lane
will be provided on northbound 4lh Ave. to eastbound James St. A traffic signal will be installed at the mtersectlon
of Fourth Ave. and Ramsay Way.
Utilities:
C1ty will coordlnate with the power, telephone and cable companies to underground the existing overhead utilities,
and place new facilities in a jomt trench along the east Side of 4lh Ave. under the new sidewalk.
Ramsay Way-W. Temperance to 4'b Ave. N.
Street.
City w1ll extend Second Ave. N. (Ramsay Way) from W. Temperance through the Property to intersect with 4lh Ave.
-18-
N across from the Regional Justice Center driveway City w1ll provide left tum pockets on Ramsay Way at 4"' Ave.
N. Except at left tum pockets, the roadway will be 44' w1de (2-14' w1de lanes and 2-8' w1de on-street parallel
parkmg lanes), with asphalt pavement, curbs and gutters, street trees, and illummahon. The scheduling and phasing
to construct these improvements will be determined by C1ty unless otherwise noted:
• C1ty will mstall concrete curb and gutter along the entire length of the road on both s1des.
• Developer shall construct the 13 foot wide concrete sidewalks in conjunction with the Issuance of a
development permit on the adjacent fronting property along with any mtenm asphalt pathways as
determined necessary by City to provide safe continuous walkways to and from 4"' Ave. and Temperance
St
• C1ty will place street trees at approxm~ate 30' spacmg. Developer shall mstall street tree frames and grates
and root barriers in accordance With City ConstructiOn Standards m conjunction with Developer's
construction of the 13 foot wide concrete sidewalk.
• City will install street hghts. These hght standards will be 14' h1gh manufactured by Lumec, the Model
No. Pl04AF-14-GN6LBC3-GN6, the color is forest green. The lumma1re is 100 watts HPS, Model
No. Z47G-100s-3-GN6. Spacmg Will be 70' staggered.
• All improvements constructed by the Developer shall be in accordance with City Construction Standards.
Water:
City has constructed a new 8" waterline in the roadway from Temperance St. wh1ch connects to the existing 8"
waterline on 4"' Ave. C1ty has installed fire hydrants at 300' spacing and Smbs have been placed to the R/W !me at
locations mumally agreed upon by City and Developer.
Sewer.
City has installed a new sewer line (10" diameter maximum size) from a manhole in James Street to approxtmately
470' south of James St and crossing 2nd Ave. to the south side of the roadway to end at the right of way lme at a
location agreed to by the Developer
City has constructed new storm drain pipes and catch basms m the roadway sized to pick up the road,and Sidewalk
drainage only.
Utihhes:
Developer shall coordmate and cause all the private and/or quasi-private ut1hty service (gas, power,
telephone/telecommunication and cable TV) to provide those utihtJes to the properties wtthm the Property stte. Ctty
shall not be responsible for any costs associated with provtding private and/or quasi private ut!ltty services.
W. Temperance St. -1'1 Ave. to 2"d Ave.
Street:
C1ty willtmprove W. Temperance Street on the north side between 1" Ave. and 2"d Ave. to provide a 3-lane, 36'
wide asphalt paved roadway with curb and gutter on the north side. Sound Transit is building half-street
improvements on the south side of the road with a 10' w1de sidewalk. City will install street trees and street lights
on the north s1de as descnbed on the Ramsay Way portion of the project.
Developer, in conjunction with the issuance of a development penrut on the adjacent and abutting property, shall
construct a 12' w1de concrete Sidewalk on the north side and Install street tree frames and grates and root barners all
-19-
m accordance with City Construction Standards.
2"d Ave. N.-w. Smith St. toW. Temperanee St.
Sound Transit will be constructing 2nd Ave. up to and includmg the curb and gutter on the west side of the road from
Smith St. to Temperance St. City will provide street lightmg and street trees as descnbed on the Ramsay Way
portion. Developer shall construct a 12' wide concrete sidewalk and mstall street tree frames and grates and root
bamers in connection with the Issuance of a development permit on any portion of the Kent Station ProJect
Property.
City reserves the nght to use portions of the Property from time to time for construction staging purposes as may be
necessary or desirable in connection with the construction of City Infrastructure Improvements; provided, however,
City shall use reasonable efforts to coordmate its constructiOn activities so as to not unreasonably mterfere with
construction activities in Takedown Parcels previously acquired by Developer.
-20-
EXHIBITF
MPD Construction Standards
A copy of the C1ty of Kent Construction Standards in effect on the MPD application date are available for review at
the City of Kent Mayor's Office
-21-
' '
EXHmiTG
Sound Transit Parking Garage Agreement (21 pages)
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT
BETWEEN
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
AND
THE CITY OF KENT
FOR
THE USE OF THE KENT COMMUTER RAIL STATION GARAGE
TABLE OF CONTENTS
Page
1.0 Scope of the Agreement
2.0 Parking.Structure Described
3.0 Ownership and Operation
4.0 Use by the General Public
5.0 Operations and Maintenance
6.0 Reimbursements
7.0 Audits, Inspections and Retention of Records
8.0 Designated Representatives
9.0 Dispute Resolution
10.0 Legal Relations
11.0 Insurance
12.0 Legal Compliance
13.0 Cessation of Operation
14.0 Termination of Agreement
15.0 Notice Requirements
16.0 Effective Date and Term of Agreement
17.0 Execution of Agreement
18.0 FTA Approval
EXHIBITS
Exhibit A: Description of Parking Structure
Exhibit B: Operating Hours
Exhibit C: Map of area surrounding Parking Structure
Exhibit D: List of Fixed Costs
Exhibit E: List of Variable Costs
;;
AGREEMENT
THIS AGREEMENT is entered into this J f/;'#.,..day o -"JLL..~~ 2002, by and between
the Central Puget Sound Regional Transit Authority (hereinaft eferred to as "Sound Transit")
and the City of Kent (hereinafter referred to as the "City") and may be referred to individually
as "Party" and collectively as "Parties".
RECITALS
WHEREAS, pursuant to Chapter 81.112.070 RCW and public vote, Sound Transit is
authorized to perform regional high capacity transportation functions within Sound Transit's
jurisdictional boundary as set forth in Sound Move, its ten year Regional Transit System plan;
and
WHEREAS, Sound Transit and the City are authorized by Chapter 39.34 RCW to enter
into agreements for cooperative action "to make the most efficient use of their powers;" and
WHEREAS, Sound Transit currently owns and operates a parking structure with 871
parking stalls along with surrounding improvements located in Kent next to the Kent Commuter
Rail Station (hereinafter the "Parking Structure''); and
WHEREAS, the City and Sound Transit entered into a Commuter Rail Project Interlocal
Agreement dated April9, 1998 in which the Parties expressed their mutual desires to:
1. Integrate the Project development with existing infrastructure and development,
including other transit facilities, private facilities, utilities, and parking, and
develop operational plans that minimize project impacts;
2. Derive the maximum effectiveness out of Sound Transit's investment by
implementing accessible and efficient facilities and services; including adequate
park-and-ride capacity, bus transfer facilities, and bicycle/pedestrian access; and
3. Work toward development of transit-oriented land use policies to attract and
shape development around transit facilities in ways that benefit both transit users
and the community; and
WHEREAS, Sound Transit originally had planned to build a surface parking lot for the
Kent Commuter Rail Station; and
WHEREAS, the City and Sound Transit entered into a Commuter Rail Station Parking
Structure Interlocal Agreement on December 16, 1999 (''Parking Structure Construction
Agreement"), in which the City agreed to contribute $4,000,000 towards the building of a
Parking Structure rather than a surface parking lot; and
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 1
(Between Central Puget Sound Regional Transit Authority and City of Kent)
WHEREAS, King County had agreed to pay Sound Transit $2,000,000 toward the
construction of an additional191 stalls in the Parking Structure for use by its transit customers;
and
WHEREAS, the Parties agree that the primary purpose of the Parking Structure is to
provide parking for Sound Transit and King County Metro commuters; and
WHEREAS, in the Parking Structure Agreement, Sound Transit also agreed to permit
parking by the general public for non-rail pwposes, subject to terms and conditions to be
established by a later use agreement; and
WHEREAS, the Parties agree that permitting the general public to use parking spaces not
being used by Sound Transit and King County Metro commuters maximizes the public benefit
from the investment in the Parking Structure, and
WHEREAS, the City's planned "Kent Station" project relies upon the Parking Structure
for satisfying the parking requirements of certain proposed uses of adjacent property; and
WHEREAS, the uses contemplated by the City on its land surrounding the Parking
Structure would require that the Parking Structure be opened until the early morning hours and
on weekends; and
WHEREAS, the City agrees that Sound Transit should not have to bear any additional
cost that are a result of non-commuter use of the facility.
WHEREAS, the City and Sound Transit desire to enter into this Parking Structure Use
Agreement ("Agreement") to establish terms and conditions relating to the use of the Parking
Structure by the City.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1.0 Scope ofthe Agreement
This Agreement specifies the relationship and roles of the Parties as to the use and contribution
to the costs of operating and maintaining the Parking Structure. The terms of this Agreement
shall control in the event it is in conflict with the more general terms of the Parking Structure
Construction Agreement.
2.0 Parking Structure Described
A description of the Parking Structure is attached to this Agreement as Exhibit "A" and
incorporated by this reference.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 2
(Between Central Puget Sound Regional Transit Authority and City of Kent)
3.0 Ownership and Operation
Sound Transit owns and operates the Parking Structure. Sound Transit shall be responsible for
the control and use of the Parking Structure, subject to the terms of this Agreement and its
agreement with King County.
4.0 Use by the General Public
4.1 Use
The operating hours of the Parking Structure are provided in Exhibit "B". The general
public, under the rights secured in this Agreement by the City of Kent, may use the
parking spaces in the Parking Structure for non-transit related purposes, with the
following exceptions, limitations and reservations:
4.1.1 Exceptions
The following stalls are available to transit users only:
a. Parking stalls identified as accessible only to persons with disabilities.
4.1.2 Limitations
a. Weekdays, non-holiday: The general public may park in the Parking
Structure beginning when the last train leaves before noon or 10 A.M.,
whichever is later, until closing.
b. Weekends and State Holidays: The general public may park in the Parking
Structure during all operating hours except as otherwise provided in
section 4.1.3. below;
4.1.3 Reservations
Sound Transit reserves the right to further limit parking by the general public in
the following circumstances:
a. In up to 191 parking stalls (excluding parking identified for persons with
disabilities) if the County's transit customers do not have access to at least
191 parking stalls on any day, before 9:00P.M.; or
b. In all parking stalls when damage, destruction, renovation, maintenance or
other conditions make it necessary to close portions of the Parking
Structure.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 3
(Between Central Puget Sound Regional Transit Authority and City of Kent)
4.2 Cost to the General Public
Parking will initially be free. However, Sound Transit reserves the right, without
limitation of other parking restrictions to charge the general public to park in the Parking
Structure under the following circumstances:
a. The City charges for parking on any of its streets, surface parking lots, or parking
structures;
b. Any other parking structure, garage or surface parking lot within the area depicted
on Exhibit "C" charges for parking;
c. The Parking Structure has reached "Capacity." Capacity is reached when the
Parking Structure is 95% full (excluding ADA parking) prior to the last train
leaving before noon or 10 A.M., which ever is later, during eight out of 10
consecutive business days. The counting to determine Capacity can be requested
by Sound Transit at anytime. Sound Transit, with a representative of the City, if
the City wishes to participate, shall count actual open spaces by driving through
the Parking Structure starting at the ground floor at the time the last morning train
pulls into the station or 10 A.M., whichever is later. Under this subsection (c),
Sound Transit may only charge the public to park until noon. However, this
subsection does not prohibit Sound Transit from charging for parking if any of the
other subsections of section 4.2 are satisfied.;
d. When it is determined that the County's transit customers do not have use of 191
parking stalls on any day before 9:00P.M.; or
e. Sound Transit adopts a system-wide policy to charge for parking in all of its
parking structures.
5.0 Operations and Maintenance
5.1 Maintenance, Repair and Replacement Responsibilities
5.1.1 Sound Transit
Sound Transit shall be responsible for the maintenance and the operation of the Parking
Structure, except as otherwise provided in this Agreement.
5.1.2 City
The City has proposed in-kind maintenance to offset some of its reimbursements for
operation and maintenance of the Parking Structure. Although the Parties could not agree
on this at the time of the execution of the Agreement, the Parties agree to revisit the issue
in connection with the annual meetings held per subsection 6.3, below.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 4
(Between Central Puget Sound Regional Transit Authority and City of Kent)
6.0 Reimbursements
6.1 Baseline Operation and Maintenance Costs
The City agrees to pay Sound Transit the incremental cost to operate and maintain the
Parking Structure for use by the general public. This incremental cost to be paid by the
City is the cost that Sound Transit must expend above baselines established in subsection
6.1.1 and 6.1.2 below for the actual fixed and variable costs of Sound Transit to operate
and maintain the Parking Structure. The City's obligation to pay these incremental costs
will begin the same month that any portion of the City's Kent Station project opens for
business to the public, which is expected to be July 2004.
6.1.1 Fixed Costs.
Fixed costs are expenditures that are not expected to fluctuate due to an increase in
garage use by commuters. Increases in fixed costs, if any, will be caused by use of the
Parking Structure by the general public. The categories of Fixed Costs are listed in
Exhibit "D".
a. For Fixed Cost expenditures listed in Exhibit "D," except for security, an
initial baseline will be established January 1, 2004 and will include the
fixed costs incurred in each category in 2003. Given that King County
Metro will not be using the Parking Structure for the full 2003 calendar
year, the baseline will be adjusted to reflect King County Metro use of the
Parking Structure for the full year based on costs incurred once King
County Metro begins using the Parking Structure. Each year thereafter,
and subject to adjustments made in accordance with section 6.3, the
baseline will be calculated on January 1 by multiplying the past year's
baseline by the national CPI-W for the previous twelve-month period that
. -ended on-December-3L---The City shall-pay all fixed costs incurred oy
Sound Transit above the baseline. The City agrees that in attributing costs
for such Fixed Cost that are directly linked to the hours of operation, such
as the cost of security, Sound Transit's hours of operation will be deemed
to be between one-halfhour before the first train arrives and one-half hour
after the last train arrives (but not before 9:00PM on weekdays). The City
agrees that regardless of the possible use of the Parking Structure by the
Sound Transit's or King County Metro's transit customers during
extended hours requested by the City, the Fixed Cost increase associated
with these extended hours shall still be attributed to the City.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR TIIE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 5
(Between Central Puget Sound Regional Transit Authority and Czty of Kent)
6.1.2 Variable Costs.
Variable Costs are expenditures that are expected to fluctuate with an increase in
commuter use. Incremental increases in variable costs will be attributable to
increased Commuter Use (including use by King County Metro's customers) and
increased use by the general public. Commuter Use is use of the Parking
Structure by Sound Transit or King County Metro customers for purposes of
boarding a train or bus operated by Sound Transit or King County Metro at the
Kent Commuter Rail Station. The categories of variable costs are specified in
Exhibit "E".
a. Two baselines shall be established for variable costs in 2004.
(i) The first baseline will be established January I, 2004 and
will include the variable costs paid in 2003. Given that
King County Metro will not be using the Parking Structure
for the full2003 calendar year, the baseline will be adjusted
to reflect King County Metro use of the Parking Structure
for the full year based on costs incurred once King County
Metro begins using the Parking Structure.
(ii) The second baseline shall be comprised of two
components: the percentage of Parking Structure users
attributed to either Sound Transit or King County Metro
transit users and the percentage of Parking Structure users
attributed to use by the general public as measured by the
actual count of cars entering the Parking Structure during
operating hours. Given that public use of the Parking
Strncture-is-norexpeerearobegm untifTuly 2004, the count
of cars entering the Parking Structure shall be measured the
first week in November 2004. In 2004, the City shall pay
an amount equal to the increase in variable costs multiplied
by the percentage of garage use attributable to the general
public, retroactive to the month that any portion of the
City's Kent Station project opens for business to the public.
b. Two baselines for variable costs shall be established for 2005 and
each year thereafter.
(i) The first baseline for 2005, and each year thereafter, will be
established January 1"1 and will include the variable costs
from the previous year.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 6
(Between Central Puget Sound Regional Transit Authority and City of Kent)
(ii) The second baseline for 2005, and each year thereafter,
shall be comprised of two components: the percentage of
Parking Structure users attributed to commuter use and the
percentage of Parking Structure users attributed to use by
the general public as measured by the actual count of cars
entering the Parking Structure during operating hours the
third week in July and the third week in October. In 2005,
and each year thereafter, the City shall pay 1) the amount
paid the previous year for variable costs, and 2) an amount
equal to the increase in variable costs from the previous
year multiplied by the percentage of Parking Structure use
attributable to the general public.
6.2 Schedule of Reimbursements
At the end of each calendar quarter, Sound Transit shall submit an invoice to the City that
includes the reimbursements due from the City for cost in accord with subsection 6.1
above. These costs shall be estimated for the first three-quarters based on the previous
year, and shall be adjusted in the fourth quarter to reflect actual costs due under
subsection 6.1. The City shall pay the amount of its reimbursements, less any in-kind
maintenance by the City, within thirty (30) days after receipt of Sound Transit's invoice.
6.3 Adjustments
6.3.1 Necessity and Frequency of Services.
Sound Transit and the City shall meet at least once per calendar year to discuss
the necessity of performing the listed services and tasks in greater frequency, or
__________ n....,e"'w01-1.atas~ed neeess~by-the-part1es;-the extent to wlrich these
services or tasks are properly designated as a fixed or variable costs. However, it
will be Sound Transit's decision as to the continued necessity of a particular
service or the need for greater frequency or intensity of a particular task. The
Parties will also discuss adjustments to the baseline due to cost-saving actions by
Sound Transit that do not necessarily reduce the cost associated with use by the
general public.
6.3.2 Baseline Adjustments.
In the calculation or adjustment of the fixed cost baseline, the City agrees that but
for the use by the City, the Parking Structure would open one-half hour before the
first train arrives and close one-half hour after the last train arrives (but not before
9:00 P.M. on weekdays). Therefore, for example, the cost associated with
charging the general public to park because of certain capacity issues being met
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR TilE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 7
(Between Central Puget Sound Regional Transit Authority and City of Kent)
under section 4.2(c) and 4.2(d) shall be borne by the City. Further, the City
agrees that use of the Parking Structure by Sound Transit's or the County's transit
customers during any extended operating hours requested by the City is deemed
incidental and not a basis for adjustment of the fixed cost baseline. Therefore, for
example, the cost associated with limiting parking by charging the general public
and the cost of additional security during City-requested extended hours will be
borne by the City.
6.3.3 Written Amendment.
The list of operations and maintenance tasks and services in Exhibit "D" and "E"
may be modified by a written amendment.
6.4 Structure Mid-life Adjustments
The mid-life of the Parking Structure is 2017, and it is anticipated that at that time there
will be costs associated with the long term maintenance and repair of the Parking
Structure that may not have been previously identified in Section 6.0, such as fixture
upgrades or replacements. Prior to 2018, the Reimbursements in Section 6.0 will be
adjusted to reflect these long-term costs. The parties shall discuss these adjustments
during the meetings held under subsection 6.3 and if no agreement is reached the dispute
resolution process in Section 9.0 shall be used. If an agreement is not reached using the
dispute resolution process, the matter shall be settled by binding arbitration by a single
arbitrator who has experience in real estate matters. The arbitration will be administered
by JAMS if the parties have not otherwise agreed to use a different arbitrator or
arbitration process. Each party will submit to the arbitrator and each other at least ten
(1 0) days in advance of the hearing its best offer for the adjustments to Section 6.0 and
the rational for the same. The arbitrator shall be limited to choosing one of the two
proposals. Each party will bear the cost of its own attorney's fees and one-half of the cost
of the arbitrator. The same process as is described above Shall be used to adJust the
Reimbursements in Section 6.0 prior to the renewal period beginning in 2035.
7.0 Audits, Inspections and Retention of Records
7.1 Audits and Inspections
The Parties, the State Auditor, the FTA, and any of their representatives shall have full
access to and the right to examine, during normal business hours and as often as they
deem necessary, all of each Party's records with respect to all matters covered by this
Agreement. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records, and to make audits of all Agreements, invoices,
materials, payrolls, and other matters covered by or related to this Agreement.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF TilE KENT
COMMUTER RAIL STATION GARAGE-Page 8
(Between Central Puget Sound Regional Transit Authority and City of Kent)
7.2 Retention ofRecords
All documents, books, papers, accounting records, and other materials pertaining to this
Agreement shall be retained by each Party for six years, except in the event of litigation
or settlement of claims arising from the performance of this Agreement, in which case
each Party agrees to maintain same until all such litigation, appeals, claims or exceptions
are fmally resolved.
8.0 Designated Representatives
To ensure effective cooperation, each Party shall designate representatives responsible for
communications between the Parties on certain subjects. The Parties reserve the right to change
Designated Representatives, with notice to the other Party.
9.0 Dispute Resolution
9.1 Step One
In the event of any dispute concerning this Agreement, the Operations Manager of Sound
Transit's Commuter Rail Division or designee and the Chief Administrative Officer for
the City or designee shall confer to resolve the dispute. Said representatives shall use
their best efforts and exercise good faith to resolve disputes and issues arising out of, or
related to this Agreement. In the event they are unable to resolve the dispute; the
Operations Manager and the Chief Administrative Officer shall confer and exercise good
faith to resolve the dispute.
9.2 Step Two
In the event the Operations Manager and the Chief Administrative Officer are unable to
resolve the dispute, the Exeeu:tive Ditectot of Sound Transrt and the Mayor of the City
shall engage in good faith negotiations to resolve the dispute.
9.3 Step Three -Mediation
In the event the Executive Director of Sound Transit and the Mayor of the City are unable
to resolve the dispute, the parties may submit the matter to a mutually agreed upon non-
binding mediator. The Parties shall share equally in the cost of the mediator.
9.4 Prerequisite to Litigation
Sound Transit and the City agree that they shall have no right to seek relief in a court of
law until and unless the above procedural steps have been exhausted.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR 1HE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 9
(Between Central Puget Sound Regional Transit Authority and City of Kent)
10.0 Legal Relations
10.1 No Agency.
It is understood and agreed that this Agreement is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is formed as
a result of this Agreement. No employees or agents of one party or any of its contractors
or subcontractors, shall be deemed, or represent themselves to be, employees of the other
party.
10.2 No Third Party Rights.
It is understood and agreed that this Agreement is solely for the benefit of the Parties
hereto and gives no right to any other party. Nothing in this Agreement, whether express
or implied, is intended to confer any rights or remedies under or by reason of this
Agreement on any persons other than the Parties.
10.3 Liability for Own Employees.
Each party specifically assumes potential liability for actions brought by its own
employees against the other party and for that purpose the indemnifying Party
specifically waives, with respect to the other Party only, any immunity under the
Worker's Compensation Act, RCW Title 51; and each Party recognizes that this waiver
was the subject of mutual negotiation and specifically entered into pursuant to the
provision ofRCW 4.24.115, if applicable. Each Party to this Agreement shall reasonably
notify the other of any and all claims, actions, losses or damages that arise or are brought
against that Party relating to or pertaining to this Agreement. In the event either Party
incurs attorney's fees, costs or other legal expenses to enforce the provisions of this
section against the other party, all such fees, costs and expenses shall be recoverable by
the prevai!ing Party
10.4 Indemnification.
The City shall protect, defend, indemnify, and save harmless Sound Transit, its officers,
officials, employees, and agents, while acting within the scope of their employment as
such, from any and all costs, claims, judgment, and/or awards of damages, arising out of,
or in any way resulting from, the negligent or intentional acts or omissions of members of
the general public not using the Parking Structure as a park-and-ride transit facility.
10.5 Survival of Terms.
The provisions of this section shall survive any expiration or termination of this
Agreement.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR TilE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 10
(Between Central Puget Sound Regtonal Transit Authority and City of Kent)
11.0 Insurance
Each party agrees, at its own expense (except as otherwise provided in this Agreement), to
maintain coverage for its liability exposures for the duration of this Agreement.
12.0 Legal Compliance
12.1 Successors and Others in Interest
This Agreement, together with all exhibits and attachments now or hereafter made a part,
shall be binding on the Parties and their respective heirs, executors, administrators.
successors and assigns.
12.2 Assigns
The City may not assign its rights to general public parking to another party, except for
another governmental entity, and only with the prior written consent of Sound Transit
12.3 Amendments and Modifications
This Agreement shall not be modified except by written amendment signed by personnel
authorized to bind the parties. Amendments or modifications that do not exceed
previously approved budgets may be authorized on behalf of Sound Transit by the
Executive Director and on behalf of the City, by its Mayor
12.4 Severability
If any provisions of this Agreement are held invalid by a court of competent jurisdiction,
the remainder of this Agreement shall not be affected thereby if such remainder would
then continue to serve the purposes and objectives originally contemplated.
13.0 Cessation of Operations
If Sound Transit determines that it will cease operating commuter rail service at the Kent
Commuter Rail Station, and if King County does not wish to purchase the Parking Structure,
Sound Transit shall provide the City with written notice and an opportunity to purchase the
Parking Structure improvements and underlying real property. If the parties are unable to reach
agreement on the terms of such a transfer, either party may invoke the dispute resolution
procedures provided in this Agreement. If the parties cannot thereby reach agreement on the
terms of such a transfer, the parties shall agree upon the selection of a neutral party to establish
the fair market value of the Parking Structure. If upon obtaining the fair market value from the
neutral party, an agreement is not reached, Sound Transit may proceed with selling the Parking
Structure to an outside party at which time this Agreement shall terminate. The terms of any sale
by Sound Transit, other than to King County, shall include provisions that the new owner will
either use the Parking Structure for use by the general public, or negotiate with the City the right
for the City to purchase use for the general public.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 11
(Between Central Puget Sound Regional Transit Authority and City of Kent)
' .
14.0 Termination of Agreement
14.1 Termination and Remedies for Material Breach
Either Party may tenninate this Agreement in the event the other fails to perform a
material obligation under this Agreement, and such failure has not been corrected to the
reasonable satisfaction of the other in a timely manner after notice of breach has been
provided to such other Party. Written notice of termination of this Agreement shall be
given by the Party terminating this Agreement to the other party not less than one
hundred eighty days (180) days prior to the effective date of termination.
14.2 Termination Plan
Prior to termination of this Agreement by expiration of the term or as provided in this
Section, the Parties agree to develop a coordinated plan for terminating the Agreement
that includes compensating for Parking Structure use or services satisfactorily rendered
up until the time of termination.
15.0 Notice Requirements
Any notice given under this Agreement shall be in writing and given by sending such notice by
registered mail, return receipt requested, with postage prepaid addressed as follows, or at such other
address as the Party to be notified last directed in writing, or by serving said notice personally. The
effective date of notice shall be the date of personal service or the date of receipt as shown on the
return receipt, as applicable. The agency contacts for this project are as follows:
City:
Sound Transit:
Chief Administrative Officer
220 Fuwth Avenue South
Kent, Washington 98032-5895
Director of Commuter Rail
Sound Transit Regional Express
401 South Jackson Street
Seattle, Washington 98104-2816
16.0 Effective Date and Term of Agreement
This Agreement shall be effective on the last date signed, and end on December 31, 2034,
subject to adjustments to Reimbursements in Section 6.4. Additionally, so long as the City is not
in default of this Agreement and Sound Transit (i) plans at that time to continue operating
commuter rail through the City, (ii) plans to continue using the Parking Structure for commuter
rail customer parking, then the City shall have the option to renew this Agreement for one (1)
additional term to expire on June 1, 2040 subject to adjustments to Reimbursements in Section 6.
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR THE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 12
(Between Central Puget Sound Regional Transit Authority and City of Kent)
. '
The option must be exercised in writing and delivered to Sound Transit at least one hundred and
eighty (180) calendar days before the end of the term then in effect.
17.0 Execution of Agreement
This Agreement shall be executed in two (2) counterparts, any one of which shall be regarded for
all purposes as one original.
18.0 Subject to FTAApproval
The use of the Parking Structure as contemplated by the Parties is subject to compliance with
NEP A and approval of the FT A.
IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its duly
authorized officer or representative as of the date set forth below its signature and as of the date
first written above.
CITY OF KENT
fe-11-.0~3
~~ok ~&(eL
Tom Brubaker, City Att<>IlleY'"'
CENTRALPUGETSOUND
REGIONAL TRANSIT AUTHORITY
("Sound Transit")
C' /) 111 t~t~t:.
Date:. _ ___,{,;:___:_-!l.;;.._·-=-0-'-3 ___ _
~
Sound Transit Legal Counsel
INTERLOCAL OPERATION AND MAINTENANCE AGREEMENT FOR TilE USE OF THE KENT
COMMUTER RAIL STATION GARAGE-Page 13
(Between Central Puget Sound Regional Transit Authority and City of Kent)
EXIDBITA
DESCRIPTION OF PARKING STRUCTURE
That property in Kent Washington, held in fee by Sound Transit bounded on the North by
Temperance Street, on the East by First Avenue North, on the South by West Smith Street, and
on the West by the Second Avenue North extension now know as Ramsay Way, except for those
portion that have been conveyed or will be conveyed to the City of Kent.
EXHIBITB
PARKING STRUCTURE OPERATING HOURS
The Parking Structure will initially be open for parking as follows:
Weekdays:
Weekends:
State Holidays:
One-half hour before the arrival of the first morning train until one-half
hour after the last train (but not before 9:00p.m.)
Closed, except for special Sounder service.
Closed
Sound Transit, at the request of the City of Kent, will increase the operating hours of the Parking
Structure so that it is opened every day from at least 6:30 a.m. to 2:30 a.m.
Regional
Justice
Center
*Shaded area in diagram
EXHIBITC
DIAGRAM
-------
to in Section 4.2(b)
Cll
~
I!! -c:
Cll v N
4.
1. Security
a. Security Officers
2. Utilities
EXHIBITD
FIXED COSTS
a. Pay Phones, Elevator Emergency Phones
h. Drainage-storm water
3. Ongoing Maintenance
a. Landscaping and Irrigation
b. Pest Control
c. CCTV /Panic buttons
d. Oil and Water separators/detention, annual cleaning
e. Elevator Maintenance
4. Vandalism Repair
5. Parking Fee Collection
a. Capital costs to build collection booths and gates, set up system to differentiate between
transit and general public parking
h. Operations and maintenance relating to parking fee collection
6. Collection of data (i.e., car counting) for determining variable costs.
EXHIBITE
VARIABLE COSTS
1. Janitorial and Maintenance including supplies
a. Elevator cabin/door cleaning-2 cabins
b. Trash/ashtrays
c. Trash can liners
d. Parking level sweeping-5 level (recommended 2x/mo)
e. Stairs-sweep/blow (reasonable frequency)
f. Stairs -dust handrails/wet mop (reasonable frequency}
g. Interior garage trash hand pick 5 levels
h. Exterior landscaped area trash hand-pick
1. Garbage disposal.
2. Major Maintenance
a. Includes complete restriping, concrete leakage, crack repatrs, new concrete sealer,
membrane applications and painting, etc.
3. Ongoing Maintenance
a. Painting/Sealing/Striping Parking Lot
b. Concrete and Masonry
c. Electrical/Plumbing/Mechanic
d. Glass Repair and Replacement
4. Insurance and payment of claims up to Sound Transit's insurance deductibles.