HomeMy WebLinkAbout1986RESOLUTION NO. nrb
A RESOLUTION of the City Council of theCity of Kent, Washington, approving the
Development Agreement between Blue Origin and
the City of Kent.
RECITALS
A. This is a resolution of the City Council of the City of Kent
approving a development agreement between Blue Origin and the City of
Kent relating to the development of 76th Avenue South in the City of Kent.
B. Blue Origin, LLC, maintains its engineering, manufacturing and
business headquarters in Kent at 2L2LB 76th Avenue South, Kent, WA
98032. The company is in the process of constructing a new research and
development facility on 76th Avenue South between South zLZth Street and
South 228th Street on property identified as King County Parcel Numbers
L222O 49O tB - 07, L222O4901 9 - 0 6, 222049 L27 - 0 5 a n d 1222049 L28- 04. Th i s
project requires Blue Origin to dedicate property for storm water storage and
construct the facilities to store the water as a condition of its development.
C. 76th Avenue South in the area that the project is accessed can
become submerged with water during storm and other events due to high
flows in Mill Creek.
Development Agreement
Between City of Kent and BIue Origin
1
D. As a result, the City has identified the need to raise 76th Avenue
South in its 2019-2024 Six-Year Transportation Improvement Program.
E. As a condition of development, Blue Origin is required to
construct half-street improvements to the portion of 76th Avenue South
abutting its property to account for the impacts of its development. Due to
the flooding events, the half-street improvements include the requirement
that the western one-half of the road be raised. The City is not prepared to
raise the eastern one-half of 76th Avenue South at this time. Since there is
no way of raising the western one-half of the roadway without also raising
the eastern one-half of the roadway, the City and Blue Origin have
negotiated a creative resolution that will benefit both parties.
F, In accordance with the development agreement, Blue Origin
will make temporary improvements to 76th Avenue South that will be
completed prior to the issuance of its occupancy permit. It is estimated that
the storm water facilities being constructed by Blue Origin will have the
capacity to store storm water in excess of that required for Blue Origin's
development.
G. The City has determined that the value of this excess storage
capacity exceeds the costs of constructing improvements to the entire width
of 76th Avenue South, In light of this, Blue Origin has agreed to provide the
excess water storage capacity to the City of Kent which will be used by the
City when it raises the entire width of 76th Avenue South. Without access to
this storage capacity, the City would be unable to construct the
improvements to the eastern one-half of 76th Avenue South,
H, In summary, through this development agreement, Kent will
allow Blue Origin to forgo permanent half-street improvements to 76th
Avenue South. In return, Blue Origin will dedicate water storage capacity to
Development Agreement
Between City of Kent and Blue Origin
2
Kent which will be used when Kent constructs improvements to the entire
width of 76th Avenue South.
I. Pursuant to RCW 36,708.170 and KCC 15,08.450, on July 2,
20L9, the City held a properly noticed public hearing to considerthe approval
of the development agreement, The City Council determined that the
proposed development agreement is generally consistent with the City's
development regulations and that any departures therefrom provided by this
development agreement are offset by the benefits to be received, and that
the terms and conditions of the development agreement pay due regard to
the criteria provided in KCC 15.08.450.
J. By this resolution, the City Council approves of the
development agreement and authorizes the Mayor to enter into this
development agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CIry OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 7. - Approval of Development Agreemenf. Pursuant to RCW
36.708.L7O and KCC 15.08.450, the City Council hereby approves the
Development Agreement between the City of Kent and Blue Origin, attached
hereto as Attachment 1, and authorizes the mayor to sign the Agreement.
SECTION 2. - Effective Date. This resolution shall take effect and be
in force immediately upon its passage.
July 2,20L9
Date Approved
Development Agreement
Between City of Kent and Blue Origin
I
3
DANA RALPH,
ATTEST:
KIMBE A. KO
APPROVED
,cIryc
PATRICK, CITY RNEY
July 2,2OI9
Date Adopted
July L2,2OL9
Date Published
Development Agreement
Between City of Kent and BIue Origin
4
EXHIBIT A
DEVELOPMENT AGREEMENT
BETWEEN BLUE ORIGIN AND THE CITY OF KENT
The City of Kent, a Washington municipal corporation, and Blue Origin,LLC, a Washington
limited liability company, on behalf of itself and its affiliate Blue Properties, LLC, enter into the
following development agreement in accordance with Chapter 36.708 RCW to address certain
project elements and requirements relating to Blue Origin's construction of a research and
development facility that will be located onJ6th Avenue South, between South 212th Street and South
228th Street in the City of Kent.
I. DEFINITIONS
When used in this Agreement, the following words and phrases shall have the meanings that
follow:
1 . "Agreement" means this Development Agreement between Blue Origin, LLC and the City of
Kent.
2. *Cjttf'means the City of Kent, WA.
3. "Developer" means Blue Origin,LLC, on behalf of itself and its affiliate Blue Properties, LLC
4. "Fee-in-Lieu" means a fee equal to the cost of constructing Half-Street Improvements which
is paid instead of constructing the Half-Street Improvements.
5. "Half-Street Improvements" means the construction and dedication of improvements such as
but not limited to: earthwork and excavation; paving or concrete work; street channelization
and signing; street lighting systems; curbs, gutters, sidewalks, and landscaping; storm drainage
systems; sanitary sewer systems; domestic water systems; traffic control systems; conduit and
fiber optic systems; and/or other improvements necessary for the Project to meet the 2009 City
of Kent Design and Construction Standards for an Industrial Collector Arterial Street; along
with dedication of property for adequate rights-of-way and easements necessary to construct
such improvements.
6. "KCC" means the Kent City Code.
7. "Party" or "Parties" means the City and the Developer collectively.
8. "Project" means the research and development facility and all of its appurtenances such as but
not limited to its parking areas, open spaces, Storm Water Mitigation Facilities, etc., that will
be built by Developer on property identified as King County Parcel Numbers 1222049018-07,
1222049019-06,1222049121-05 and 1222049128-04 and which are depicted in the Plans.
9. "Plans" means the plans for the Project as reflected under Permit Number RECC 2112124, that
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BlueOrigin,LLC&CityofKent Page l1
EXHIBIT A
were approved by City Engineer Chad Bieren on April 3, 2019, and are titled "Blue Origin
Development" as well as frontage improvement plans approved by the City under the same
permit number
10. "RCW" means the Revised Code of Washington.
1 1. "TIP Project Number 23" means, the work and materials for improvements to the entire width
of 76th Avenue South associated with Project Number 23 of the City's 2019-2024
Transportation Improvement Program, including but not limited to: earthwork and excavation;
paving or concrete work; street channelization and signing; street lighting systems; curbs,
gutters, sidewalks, and landscaping; storm drainage systems; sanitary sewer systems; domestic
water systems; traffic control systems; conduit for electric and fiber optic systems; and other
ancillary improvements, excluding the improvements required of Developer as described in
Subsection III.1.(a).
12. "Storm Water Mitigation Facilities" means the storm drainage detention and outflow control,
storm drainage water quality, and flood plain compensatory storage facilities depicted in the
Plans.
II. BACKGROUND - RECITALS
1. The City is a municipal corporation incorporated under Title 35A of the laws of the State of
Washington. The City has the authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens.
2. Developer maintains its engineering, manufacturing and business headquarters within the Kent
City limits, with its principle office located at21218 76th Avenue, Kent, WA 98032.
3. Developer will be building a new research and development facility and associated
appurtenances on property identified as King County Parcel Numbers 1222049018-07,
1222049019-06,222049127-05 and1222049128-04. Plans for the Project are reflected under
Permit Number RECC 2172124, were approved by City Engineer Chad Bieren on April 3,2019,
and are titled "Blue Origin Development". The Plans are on file with the City of Kent and are
incorporated into this Agreement by this reference.
4. During construction and once completed, the Project will be accessed by way of 76th Avenue
South between South 212th Street and South 228th Street.
5. The Parties are aware that 76th Avenue South in the area that the Project is accessed may, from
time-to-time, become submerged with water during storm and other events due to high flows in
Mill Creek. Developer currently occupies property at other locations on 76th Avenue South
between South 212th Street and South 228th Street and has experienced events in which 76th
Ave South has been submerged, necessitating temporary street closures. In addition, the City
has identified the need to raise 76th Ave South in its 2019-2024 Six-Year Transportation
Improvement Progtam. Raising the elevation of the roadway should eliminate most
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l2
EXHIBIT A
submergence events
6. In accordance with state and City laws, Developer is required to mitigate the impacts of the
Project by providing Half-Street Improvements up to the centerline of the roadway abutting the
Project. In this instance, Half-Street Improvements would be required on the westem side of
76th Avenue South only.
7. While Developer is responsible for the Half-Street Improvements on the western side of 76th
Avenue South, it is not responsible for improvements to the eastern side of 76th Avenue South.
Because the elevation of 76th Avenue South must be raised due to water that collects over 76th
Avenue South, Developer's Half-Street Improvements cannot be constructed without also
raising the elevation of the eastern side of 76th Avenue South and reconstructing the eastern side
of 76th Avenue South. Raising the eastern side of 76th Avenue South will be the responsibility
of the City (unless that responsibility falls on a property owner who develops property on the
east side of 76th Avenue South).
8. While Developer is responsible for Half-Street Improvements on westem side of 76th Avenue
South, due to the fact thatT6th Avenue South must be raised, improvements to the entire width
(both sides) of 76th Avenue South must occur simultaneously.
9. Timing is of the essence for Developer, and there is a concern that improving the entire width
of 76th Avenue South during Project development may delay the Project. In addition, having
contractors from both the City and Developer constructing improvements to the east and west
sides of 76th Avenue South at the same time may result in contractor conflict and delays,
increasing the expense of the improvements to 76th Avenue South. While the Kent City Code
allows the City to assess a fee in lieu of constructing Half-Street Improvements on the western
side of 76th Avenue South, the Parties have instead agreed on a more beneficial and economical
solution that will assist both Parties, and result in a cost savings to both Parties.
10. Per the Plans, construction of the Project requires the Developer to build facilities to account for
storm drainage detention and outflow control, storm drainage water quality, and flood plain
compensatory storage. Developer is constructing these Storm Water Mitigation Facilities on its
Project site. The Storm Water Mitigation Facilities being constructed by the Developer provide
the necessary storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage for the Project site as well as the Half-Street Improvements
on the western side of 76th Avenue South. The Storm Water Mitigation Facilities will have
excsss capacity for additional water. The Parties have agreed that it is in the interests of both
the Developer and City for the Developer to dedicate any excess capacity of the Storm Water
Mitigation Facilities to the City for the purposes of providing the Storm Water Mitigation
Facilities for future construction of improvements to 76th Avenue South in accordance with the
2019-2024 Six-Year Transportation Improvement Program. This is so because obtaining
property and facilities to store roadway runoff on another property for these improvements to
76th Avenue South would be costly to the City. Moreover, requiring the Developer to construct
the Half-Street Improvements on the western side of 76th Avenue South, which would trigger
contemporaneous improvements to the entire width of 76th Avenue South, would cause delay
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l3
EXHIBIT A
and added cost to the Project.
11. In summary, this Agreement requires Developer to construct limited temporary improvements
to 76th Avenue South in accordance with the Plans, which will allow for access to the Project
during and after construction and also maximize the capacity of the Storm Water Mitigation
Facilities so that there is excess capacity of the Storm Water Mitigation Facilities for use by the
City. Developer will not be required to construct the permanent Half-Street Improvements, and
in exchange, Developer will grant any excess capacity of the Storm Water Mitigation Facilities
exclusively for the future construction of improvements to 76th Avenue South in accordance
with the 2019-2024 Six-Year Transportation Improvement Program.
i2. Valuable consideration for this Agreement lies in the form of the Developer's dedication of the
excess capacity of the Storm Water Mitigation Facilities to the City for construction of
improvements to 76th Avenue South. The Parties recognize that consideration is adequate, as
the City would not have the resources to purchase property and construct facilities for the
purposes of storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage, and thus, TIP Project Number 23 would not be constructed
for many years.
13. This Agreement is authorized by RCW 36.708.170 through .210 (the "Development
Agreement Statute") and KCC Section 15.08.450. This Agreement is also authorized by the
City's general police power and contracting authority.
14. This Agreement will not be approved until after a public hearing and approval by the Kent
City Council, and once approved by the City Council and executed by the Parties, the Agreement
will be recorded in the real property records of King County, Washington.
15. All Recitals and incorporated documents referenced in this Agreement shall be considered as
material terms of this Agreement.
III. TERMS OF AGREEMENT
1. Oblisations of Developer
a) Temporary and Permanent Improvements to 76th Avenue South Constructed by
Developer.
Developer shall, at its sole cost, construct temporary improvements in accordance with the
Plans to 76rh Avenue South to allow safe ingress and egress to the Project site both during
construction, and following occupancy for the period before the completion of TIP Project
Number 23. The design documents for these temporary improvements have been
submitted by Developer (Permit Number RVS4-2191662). In addition, Developer will be
required to construct such improvements and systems within 76th Ave South, including but
not limited to water mains, storm drainage conveyance systems, etc., as necessary to serve
the Project during construction and following occupancy for the period before the
completion of TIP Project Number 23 ("Permanent Improvements").
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l4
EXHIBIT A
b) Dedication of Facilities and Capacity for Storm Drainage Detention and Outflow
Control, Storm Drainage Water Quality, and Flood Plain Compensatory Storage for
TIP Project Number 23 and Other Road Projects.
Developer is obligated to construct Storm Water Mitigation Facilities in accordance with
the Plans. The following additional obligations of Developer apply:
i. Developer shall allow access to the City, upon being given a five (5) day notice by
the City, for the purposes of inspecting the Storm Water Mitigation Facilities during
construction to ensure that the capacity of the Storm Water Mitigation Facilities is
maximized.
ii. The Storm Water Mitigation Facilities will have capacity in excess of that required
for the Project. Any excess capacity of the Storm Water Mitigation Facilities
constructed by Developer shall, in perpetuity, be reserved for the sole purpose of
the storm drainage detention and outflow control, storm drainage water quality, and
flood plain compensatory storage required of TIP Project Number 23,regardless of
who constructs the TIP Project Number 23.In the event TIP Project Number 23
does not utilize all of the excess storm drainage detention, storm drainage water
quality, and flood plain compensatory storage, the remaining excess shall remain
available, in perpetuity, solely to the City for use solely in road improvements that
occur within one quarter of a mile of the Project site measured in a straight line.
The excess capacity of the Storm Water Mitigation Facilities shall not be available
or used for any other purpose.
iii. Developer shall allow access to the City, upon being given a five (5) day notice by
the City, to its property for the purposes of storm water conveyance in connection
with TIP Project Number 23.
iv. Developer shall retain responsibility for the maintenance of and the cost of
maintenance of the Storm Water Mitigation Facilities notwithstanding their use for
TIP Project Number 23 or other improvements made in accordance with this
Agreement.
v. The requirements of this Agreement shall run with the land and shall be binding on
Developer's successors in interest.
vi. Developer shall execute reasonable and necessary easements in favor of the City
which allow the City to utilize the Storm Water Mitigation Facilities in accordance
with this Agreement. Developer shall provide the legal descriptions necessary to
identify the properties subject to the easements. The easements shall be recorded
in the real property records of King County, Washington, as necessary to disclose
this Agreement on title to the Property. However, the failure to prepare or record
the easements shall have no bearing on the enforceability of any provision of this
Agreement against the Parties or any of their respective heirs, assigns, successors,
legatees, representatives, receivers and trustees.
vii. Upon completion of construction of the Storm Water Mitigation Facilities,
Developer shall provide the City with drawings which confirm the as-constructed
excess capacity of the Storm Water Mitigation Facilities to be dedicated for City
use in accordance with this Agreement. Such drawings shall be subject to review
and approval of the City, which shall not be unreasonably withheld.
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l5
EXHIBIT A
c) Penalty for Non-Performance or Breach.
i. Satisfaction of the requirements set forth in this Agreement constitute satisfaction
of the requirement that Developer construct Half-Street Improvements on 76th
Avenue South or pay a Fee-In-Lieu.
ii. Developer waives any administrative or legal challenge it may have in regard to its
obligation to construct the Half-street Improvements on western side of 76th
Avenue South or pay a Fee-In-Lieu.
iii. In the event Developer fails to comply with a material term of this Agreement,
Developer shall pay to the City the reasonable costs of acquiring property for the
pu{poses of constructing storm drainage detention, storm drainage water quality,
and flood plain compensatory storage for TIP Project Number 23, and for designing
and constructing the Storm Drainage Detention, Storm Drainage Water Quality,
and Flood Plain Compensatory Storage facilities for TIP Project Number 23. The
property acquired and the storm drainage detention, storm drainage water quality,
and flood plain compensatory storage facilities constructed shall be in a location
suitable to serve TIP Project Number 23. The foregoing notwithstanding, in no
event shall the Developer's total liability to the City for costs under this section
exceed the Fee-in-Lieu valued as of the effective date of this Agreement at
$2,112,000 (1,320 LF X $1,600/LF) and adjusted for year of construction using
cost escalation based on the Engineering News Record Construction Cost Index for
Seattle-Everett-Tacoma. For the purposes of this section the phrase "material term"
means Sections IIL1.a, III.1.b.ii, III.1.b.iv, and III.1.b.vi of this Agreement;
provided, this section shall not be interpreted as a limitation of remedies for the
breach of any other provision of this Agreement.
2. Effective Date and Term. This Agreement shall go into full force and effect upon approval
of the Kent City Council and execution by the parties. This Agreement shall be in effect for a
period of twenty (20) years following the date of signature by the Parties; provided, the
obligation of the Developer to provide for the use of the excess capacity of the Storm Water
Mitigation facilities constructed by Developer shall be reserved for the sole purpose of the
storm drainage detention, storm drainage water quality, and flood plain compensatory storage
required of TIP Project Number 23 in perpetuity; and provided further, that in the event TIP
Project Number 23 does not utilize all of the excess storm drainage detention, storm drainage
water quality, and flood plain compensatory storage, the remaining excess shall remain
available to the City in perpetuity for use in road improvements that occur within one quarter
of a mile of the Project site measured in a straight line.
3. Vesting. The Project was previously deemed vested to storm water regulations in existence as
of the date of the issuance of the grade and fill permit (RI26 2163906) on October 14, 2016.
To the extent permitted by law, the improvements to J6th Avenue South shall be deemed vested
to the same date as the civil construction permit. Notwithstanding the provisions of this
Agreement, and in accordance with RCW 36.708.110(4), authority is reserved to the City to
impose new or different regulations to the extent reasonably required to counter a serious threat
to public health and safety.
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l5
EXHIBIT A
4. Construction of Documents. In the event there are any conflicts or ambiguities between the
terms of the body of this Agreement and the terms of any incorporated documents, the terms of
the body of this Agreement shall control.
5. Indemnification Except as otherwise specifically provided in this Agreement, each Party
shall protect, defend, indemnify and hold harmless the other Party and their officers, directors,
agents, and employees, or any of them, from and against any and all claims, actions, suits,
liability, loss, costs, expenses (including reasonable attorney's fees), and damages of any
nature whatsoever, which are caused by or result from any negligent act or omission of the
Party's own officers, agents, and employees in performing services pursuant to this Agreement.
In the event that any suit based upon such a claim, action, loss, or damage is brought against a
Party, the Party whose sole negligent actions or omissions gave rise to the claim shall defend
the other Party at the indemnifying Party's sole cost and expense; and if final judgment be
rendered against the other Party and its officers, directors, agents, and employees or be
rendered jointly against the Parties and their respective officers, agents, and employees, the
Party whose sole negligent actions or omissions gave rise to the claim shall satisfy the same;
provided that, in the event of concurrent negligence, each Party shall indemnify and hold the
other Party harmless only to the extent of the indemnifying Party's negligence, and in that
instance each Party shall be responsible to pay all of its own legal fees and costs. The
indemnification to the City hereunder shall be for the benefit of the City as an entity, and not
for members of the general public.
6. Authoritv. Each signatory to this Agreement represents and warrants that he or she has full
power and authority to execute and deliver this Agreement on behalf of the Party for which he
or she is signing, and that he or she will defend and hold harmless the other Parties and
signatories from any claim that he or she was not fully authorized to execute this Agreement
on behalf of the person or entity for whom he or she signed. Upon proper execution, this
Agreement will have been duly entered into by the Parties, will constitute as against each Party
a valid, legal and binding obligation that shall run with the land, and will be enforceable against
each Party in accordance with the terms herein.
7. Recordine/Bindine Effect/Assienabilitv. This Agreement shall be recorded in the real
property records of King County, Washington, as necessary to disclose this Agreement on title
to the Property. It is mutually agreed that the terms of this Agreement touch and concem the
land and shall be covenants running with the land. This Agreement shall run with the land as
binding on the Parties and their respective heirs, assigns, succsssors, legatees, representatives,
receivers and trustees and shall continue during and following the development, lease or transfer
of ownership of all or any part of the Property during the term of this Agreement.
8. Aereement Consistency with RCW 82.02.020. The mitigation and dedications established by
this Agreement are consistent with the requirements of RCW 82.02.020 and mitigate the direct
impacts that have been identified as a consequence of the Project. Neither Developer nor any
assignee shall assert a claim against City asserting that (i) the City lacked a legal basis for
imposing the agreed-upon mitigation or dedications; (ii) that the mitigation or dedications
Development Agreement Between
Blue Origin, LLC & City of Kent Page l7
EXHIBIT A
lacked sufficient nexus or proportionality with the identified impacts of the Project; or (iii) that
the mitigation or dedications were greater than if they had been calculated using alternate
rationales or formulae.
9. Delavs - Force Maieure. If either Party is delayed in the performance of its obligations in
this Agreement due to Force Majeure, then performance of such obligation shall be excused
for the period of delay. The term Force Majeure as used herein shall mean extraordinary
natural events or conditions such as war, war-like acts, riot, labor strikes, or other causes
beyond the reasonable control of the obligated party. The City's or Developer's inability to
fund or otherwise construct, or decision not to fund or otherwise construct, any of its
obligations shall not constitute an event of Force Majeure or otherwise be an acceptable reason
for delay.
10. Notices. All notices, requests, demands, and other communications called for or contemplated
by this Agreement shall be in writing, and shall be duly given by mailing the same by certified
mail, retum receipt requested; or by delivering the same by hand, to the following addresses,
or to such other addresses as the Parties may designate by written notice in the manner
aforesaid:
To City:Chief Administrative Offi cer
City of Kent
220FourthAvenue South
Kent, WA 98032
With a copy
to:
Developer
With a copy
to
Development Agreement Between
Blue Origin, LLC & City of Kent
Public Works Director
City of Kent
220 Fourth Avenue South
Kent, WA 98032
Legal & Compliance Department
Blue Origin
21218 76th Avenue South
Kent, WA 98032
To
Any Party hereto may change its address for the purpose of receiving notices as herein provided
by a written notice given in the manner aforesaid to the other Party hereto.
Page l8
EXHIBIT A
1 l. Governing LadVenue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Venue for any judicial action arising out of or
relating to this Agreement shall lie in King County Superior Court.
12. Specific Performance. The Parties specifically agree that damages are not an adequate
remedy for breach of this Agreement and that the Parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof. All terms
and provisions of this Agreement are material.
13. Attorneys' Fees. Except as provided in Section III.5, in any alternative dispute resolution or
judicial action to enforce or determine a Party's rights under this Agreement, each Party shall
be responsible for payment of its own attomeys' fees, expert witness fees, and all other costs,
if any.
14. No Third-Partv Beneficiary. This Agreement is made and entered into for the sole protection
and benefit ofthe Parties and their heirs, assigns, successors, legatees, representatives, receivers
and trustees. No other person shall have any right of action based upon any provision of this
Agreement.
15. Severability. This Agreement does not violate any federal or state statute, rule, regulation or
common law known; provided, any provision which is found to be invalid or in violation of
any statute, rule, regulation or common law shall be considered null and void, with the
remaining provisions remaining viable and in effect. In the event any part of Section III.1. is
deemed void prior to the City's utilization of the Storm Water Mitigation Facilities to service
the eastem one-half of 76th Avenue South as contemplated in this Agreement, Developer shall,
within three months of such determination, pay to the City a Fee-in-Lieu of construction of the
Half-Street Improvements in accordance with terms set forth in Section III.I.c.iii of this
Agreement. In the event any part of Section III.l . is deemed void after the City's utilization of
the Storm Water Mitigation Facilities to service the eastem one-half of 76th Avenue South as
contemplated in this Agreement, the parties shall negotiate, in good-faith, to develop a
structure the economic effect of which is nearly as possible the same as the economic effect of
this Agreement without regard to such invalidity.
16. Final and Complete Asreement. This Agreement is integrated and constitutes the final and
complete expression of the Parties on all subjects within the Agreement. This Agreement
supersedes and replaces all prior agreements, discussions and representations on all subjects
discussed herein. No Party is entering into this Agreement in reliance on any oral or written
promises, inducements, representations, understandings, interpretations or agreements other
than those contained in this Agreement.
17. Modification. The Agreement may be modified only with the written agreement of the
City and Developer and their successors and assigns.
18. Counterparts. This Agreement may be executed in counterparts each of which shall be
deemed an original.
(signatures follow on next page)
Development Agreement Between
BlueOrigin,LLC&CityofKent Page l9
CITY OF KENT
EXHIBIT A
DEVELOPER,
Mayor
Dated:
Title:
Dated:
ATTEST:
Dated:
City Clerk
Print Name:
APPROVED AS TO FORM:
City Attorney
Print Name
Dated:
Development Agreement Between
Blue Origin, LLC & City of Kent Page 110
EXHIBIT A
STATE OF WASHINGTON
COUNTY OF KING
On this_day of 2019, before me, the
duly commissioned andundersigned, a Notary Public in and for the State of Washington,
swom, personally appeared , to me known
as the Mayor for the City of Kent, the corporation who executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and
deed of said City of Kent, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute said instrument on behalf of said municipal
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal on the date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES
STATE OF WASHTNGTON )
) ss:
couNTY oF KrNG )
On this day of 2019, before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and swom, personally appeared
and fon behalf of the
DEVELOPERI, the person(s) who executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said person(s),
for the uses and purposes therein mentioned, and fif the DEVELOPER is a corporation or
other entity warranting authonzed signatures] on oath stated that they are authorized to
execute said instrument on behalf of said DEVELOPER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES
Development Agreement Between
Blue Origin, LLC & City of Kent
SS
)
)
)
Page 111
STATE OF WASHINGTON, COUNTY OF KING }AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd, being first duly sworn on oath that she is the
Publisher of the
notice, a:
Public Notice
was published on July 12th ,2019.
The full amount of the fee charged for said foregoing publication is the
sum of$92.11.
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English latrguag"
continuously as a weekly newspaper in King county, washingto". rni
Kent Reporter has been approved as aLegalNewspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter (and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
Polly
Publisher, Kent Reporter
Subscribed sworn to me this 12th day ofJuly, 2019.
Gwin,Notary Public for the State of Washington, Residing
Covington,Washington
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Service Directory
12 Friday, July 1 2, 201 9 Kent Reportel
Annouhcem€nts kgal Notlco.Lqlal Nottce
,,,Wi,'ts\-
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HandyFrson
Homs S6rvlcos
Lawn/carden S6rvlce
Apartm€hts tur Ront
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you r
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lf you worked in Auburn,WA in the mid-lale
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SIILL PAYING TOO
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CELEBRATE .}II,-pActFtc t*F-
DAYS
FREE Famlly
Communlly Evenl.
July 12,13 & 14
Cily of Pacific City Park
600 3'" Ave SE
Actlvllles:
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lncluding Dark in lhe Park,
Live Music, Batfles, Car
Bash, FBEE Kids Games ,
Bingo & lnllatablesl
Frlday 4pm .gpm
Music, Arls & CrallsVendors
6l5p Klds Bike Parade
6:'l5p Kids Games
lncluding Sack races &
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Satuday
8.ll)am Pancake BreaHasl
al the Senior Cenler
1()am Grand Parade
slarl al Alpac Elemenlary
llam openlng Ceremonies
at lhe park
'12-Bpm Frce lnllalables
12.4pm Car Bash
124pm Free Kids
Carnival Games
12-5pm Foc* Palntlng
wlth Moyor Leanne
2pm Karaoke
46pm FREE Bingo
4 - 430pm ARHS
Roboll€ Club D€mo
430pm Music by
,/,n0 Aepeherwp
6pm Music by M80
gPM Movlewilh lhe Mayor
"nabhBMkElEhleffrl'
Sundav 12pm - 4pm
'12-4pm Arls & Crafls
and lood vendors
'l2pm. Poet Laurcato
Gerald McBroen
12-3pm Rffk painling wilh
Mayor Leanne
12-4pm Kids inflalables,
car bash, & Kids games
2pmYardzs tournamenl
WN PFIZES
3pm Muslcfiom
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Logal Notlce3
CITY OF KENT
NOTICE OF
BESOLUTIONS
PASSED BYTHE
CITY COUNCIL
The following are sum-maries of resolutions
passed by lhe Kent City
Council on July 2, 2019.RESOLUTION NO-
1985 - A RESOLUTTON
ol the City Council of the
City of Kenl, Washino-
ton, repealing Besolulion
1983, and approving lhe
countywide ballot propo-
sition for lunding theMedic One/Emergency
Medical Services (EirS)
levy for the period ofJanuary 1, 2020,
through D*ember 31,
2025, pursuant to RCW
84.52.069.RESOLUTION NO.
1986 - A RESOLUNON
of the Citv Council ol the
City of kent, Washing-
ton, approving the De-velopmenl Agreement
between Blue Orioin and
lheCilyolKent. "
This resolution shall take
effect and be in forc6 im-
mediately upon its pas-
sage.
A copy of the complete
text of these resolulions
will be mailed upon re-
quest of lhe City Clerk.
Kimborley A. Komoto,
City Clerk
253-856-5725
Cityclerk @ KentWA.gov
Published in the Kent
Reporler July '12, 2019.
#8641 53
KEI''T LANDMARKS
coMMl9sroN NoTtcE
OF PUBLIC HEANING
TO CONSIDEF
COMMUNITY LAND-
APPLICATION:
June 28, 2019
APPLICATION NAME:
T-Mobile / Vertical
Bridge Wireless Trans-
mission Facility (WTF)
APPLICATION NUM.
EEE: ENV-201 9-26/
KtvA#RPSA-21 92740PROJECT DESCRIP.
I]O\l:Proposed con-
slruction ot a go-foot sin-
9le-user wireles lacility
tower with associated
antennas and equipment
in accordance with FCCand FM reoulations.
The tower is pro"posed to
be located on the site of
an €xistino Public Stotr
age Faciliiy, dkectly ad-jacent lo 222nd Street.
Operations of lhe Public
Storage Facility will re-
main unchanged. The
proposed monopole will
be conslructed to servea single-user but de-
signed to allow lor future
co-location with other
providors. Thero are no
critical areas located on
or near the projst site.
ZONING: Clr-1. Com-mercial Manufacturing
Diskict
PROJECT LOCATION:
The subject property is
lmaled at 8611 S 222nd
ST, Kent WA, and is
identilied as King County
Parcel No. 1022049139.
PERMIT APPLICATION
84iIE: Juns28,2019
DATE OF DETEHMINA-
TION OF COMPLETE-
NESS: June28,2019
STUDIES SUBMITTEDWITH APPLICATION:
WTF Administrative Permit Application RPWT
2192737 and associatedmaterials includino:
Seatllo Market LTE Ju5-
tilication SE03053C pre-
pared by T-Mobile and
dated June 26, 2019
OTHER PERMITS AND
PLANS WHICH MAY BE
REQUIRED: Wkeless
Transmission Facllitv(WTF) Administrativa)
Approval Permit, Build-
ing Permit(s), Str€et UsePermit(s), Washinqton
Stale Department of-La-
bor and lndustries Elec-
trical Permit(s)
PUBLIC COMMENT PE.
8lQ8: July 12, 2019-
July 26, 2019All persons may com-
menl on this applicalion.
Comments must be in
writing and received in
Kent Planning Servicesby 4:30 P.M. Friday,
July 26, 2019 at 220 4th
Avenue South, Kent WA
98032. For questions re-garding this project,
please contact
Sara Ullman, Planner at
(253) 856-5442,
su I lm an @ ke ntwa. oov.
Anv p-gsrubtuq.........*tl
become a Darlv ol
record shall incluile in
their commenls thal thev
wish to receive notice o:f
and participale in anv
hearings and request a
copy of decisions, once
made, A parly ol record
may appeal tho decision
on lhis application by lil-
ing a complete appeal
application wilhin 14 ca!
endar days of the date of
decision.,Any percon rc-
quiring a disability ac-commodalion shotild
JC DENTURE CLINIC
Dentures starting at
$550
Partials slarling at
$880
Relines starling at
$250
Repairs/relin€s in
24 hours
Accepts Providerone
Call 206-653-7621
Homa S6rvlc€s
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Handypelaon
Land3cap6 Sorvtces
MARK NOMINATION
DATE,
PLACEi
TIME, AND
AtID
A HAIIDY[.IAX
Pressure washino
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Fence. deck buildino
Concrete, Paintino &"
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HANDYHY9IOS
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Office
Hours:
B-5pm
Monday
to Friday
Thursday, July 25, 2019
5:00 p.m.
Kent Cily Hall Council
Chambers220 Fourth Avenue
South
Kent, WA 98022
NAME AND LOCATIONOF NOMINATED
PROPERTY:
Lunar Rovino Vehicles
(LRVs) Lunar Surlace
LRV 1 is situated near
the Apollo '15 landing
slte (26.13'N, 3.63" E)
on the plains of Palus
Putredinis adjacent to
Hadley Rille noar lhe
Ap€nnine Mountains
LRV 2ls lmated in theDescartes Hiohlands
near the Apollo 1"6 land-
ing site (?8.97'
N, 15.50" E) on the Cay-
ley Plains
LRV 3 resides near th6
Apollo 17 landing site
(20.19' N, 30.77" E) in
the Taurus?Lihrow
HighlandsHEARING PROCE.
wsoundclasi6eds,
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LicrAMEarcCeS
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Domeatlc S6rvlce.
Crown Castle is propos-
ing to inslall a 1oojoot
monopole telecommuni-
calions tower at the fol-
lowing site: 23646 l\,lili-
tary Boad South, Kent,
King Counly, Washing-
ton 98032 Lal: 47' 23'
22.74" N Lonoi 122' 17'
3.05" W Cro:wn Castle
inviles comments from
any interested party on
the impact ol lhe pro-
posod action on any dis-kicts, siles, buildings,
structures or objects sig-
nificant in American his-
tory, archaeology, engi-
n€ering or culture lhat
are listed or dotermined
eligibls lor listing in lhe
Nalional Reoister of His-
toric Places-and/or soo-cilic reason the iro-posed action may havea significant impacl on
ihe quality of the human
€nvironment. Specilic in-
formation regardjng lheproject is available bv
calling Monica Gambind,
2000 Corporate Drive,
Canonsburg, PA 15317,
cqlacl the CiU in ad-
vance, lot morc infoma-
tion. For TDD rclay service, call
l -800-833-6388 (hearingimpaied) ot
1-800-833-6385 (Bniile)ot lhe Cilv ol Kent al
(zss) 8s6.572s.
TENTATIVE HEARING:A public hearing is not
required for this applica-
lion.
STATEMENT OF CON.
SISTENCY AND LISTOF APPLICABLE DE-
VELOPMENT REGULA.
TIONS; This project is
subject to, and shall be
I Contlnudon
I nmpage...
DURE:All proceedings lo re-view the Landmarks
Commission's action at
the hearing on approvalol designation will be
based on the record at
lhis hearing, No further
right lo present evidence
on the issue ol desiona-
tion is atforded pursiant
to Kent iilunicipal Code
Chapter 14.12. Ques-
tions, written commenls
or requests lor copies ol
lhe codo may be direct-
ed lo King County Land-
marks Coordinator. Sa-
rah Steen, al 206-477-
7976.
Published in the Kent
Reporler on July 12,
2019 #864463
A" E rari,"*t"l
Checkllst was filed with
Citv ol K6nl Plannino
Seivices. Following is ;
dosriplion of the appli-
cation and the prmess
for revi6w. The applica-
tion and listed studies
may be reviewed at lhe
otlices ol Kent Plannino
Services.400 W Gow;
Street, Kent, WA.
DATE OF NOTICE OF
.WA
I eslale
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