The URL can be used to link to this page

Home My WebLink AboutAG 23-122 - TRENT DEVELOPMENTRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: CD/Planning 2. ORIGINATING STAFF PERSON: Keith Niven EXT: 3. DATE REQ. BY: March 17, 2023 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL O OTHER Letter of Intent to Award 5. PROJECT NAME: TC-3 t4KV t l7T-- tK}f'£� 'fib f `lrV 6. NAME OF CONTRACTOR::PKK ADDRESS: w `i TELEPHONE E-MAIL: FAX: SIGNATURE NAME: Mg& avmmt�" TITLE Q �►X-- 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES 19.. COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: '� '1'S7' COMPLETION DATE: �Qj� cff k&-AC-'G� I T 9. TOTAL COMPENSATION $_ (INCLUDE GX f PEIVSE5 AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY 1:AB0 R CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES IR NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES IDNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ® DIRECTOR KN/28 Feb 23 KN/28 Feb 23 ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL 1 DAT SIGNED \911AW DEPARTMENT S SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK z ❑ ASSIGNED AG# 4G COMMENTS: 2/2017 CITY OF Federal Way Mr. Trent Mummery President Trent Development Inc. 166 Roy Street Seattle, WA 98109 Letter of Intent to Award Dear Trent, CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cayoffederalway com The City has determined that your proposal for developing the City -owned TC-3 properties best matches the evaluation criteria listed in the City's Request for Proposals ("UP"), namely: * Consistency with the City's development plan; ■ Benefit to the City; ■ Experience with comparable projects; ■ Access to development capital; ■ Proposed construction schedule; ■ Team experience; and, ■ Interview with the City's Downtown ad hoc Committee. This Letter of Intent to Award, along with the attached Agreement, fulfills the provisions of Section 3 (From Proposal to Letter of Intent to Award) of the City's RFP. If you have any questions regarding this Letter, please do not hesitate to contact Mr. Keith Niven, Community Development Director, at (253) 835-2612 or kei th . ni v en (a—,, ci tyo ffedera 1 way. c o m . Congratulations and I look forward to working with your firm to help catalyze the redevelopment of Downtown Federal Way. Sincerely, Ferrell, Mayor AGREEMENT - 1 - 3/2023 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com AGREEMENT REGARDING INTENT TO AWARD This Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Trent Development Inc ("Developer"). The City and Developer (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: DEVELOPER: Trent Mummery 166 Roy Street Seattle, WA 98109 (206) 234-6543 CITY OF FEDERAL WAY: Keith Niven 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2612 Keith. ni ven (a- c ityo ffed eral w ay. c om A. WHEREAS, the City of Federal Way owns parcels 857500-0010, 857500-0020, and 092104-9017, commonly referred to as Town Center 3 ("TC-3"); and B. WHEREAS, on November 23, 2022, the City issued a Request for Proposals ("RFP") to find a developer for the TC-3 properties; and C. WHEREAS, on February 3, 2023, Developer submitted a proposal to develop TC-3; and D. WHEREAS, the Mayor recommended Developer as the preferred developer for TC-3; and E. WHEREAS, Section 3 of the RFP identifies the City would execute a Letter of Intent to Award to the preferred developer; and F. WHEREAS, on April 18, 2023, the City Council authorized the Mayor to execute the Letter of Intent to Award to Developer and initiate the development agreement process; and G. WHEREAS, The City and Developer seek to provide clarity as to their respective obligations upon execution of the Letter of Intent to Award. NOW THEREFORE, the Parties agree as follows: 1. City Obligations a. The City shall provide access to TC-3 at reasonable times for pre -purchase site investigations by Developer and their agents. b. The City shall be responsible for the demolition of the old Target building on the TC-3 property and stabilization of the property including covering of exposed soils. 2. Developer Obligations AGREEMENT - 2 - 3/2023 CITY OF Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com a. Any disturbance of the property as a result of pre -purchase site investigations shall be promptly restored by Developer. b. Any construction activities (e.g., excavations, boring work, etc.) shall not interfere with ongoing operations of the PAEC. c. Within 15 days of receiving the executed Letter of Intent to Award, Developer shall pay the City $30,000 to cover staffing costs related to the development agreement, development plan, and purchase agreements. 3. Joint Obligations a. Negotiation of the development agreement shall promptly commence following execution of the Letter of Intent. b. The Parties shall work cooperatively to achieve the intended outcome of the RFP. c. The Parties shall negotiate in good faith and make a concerted effort to present a draft development agreement to the City Council in 2023 for approval. AGREEMENT - 3 - 3/2023 CITY OF CITY HALL Federal Way 8th Avenue South Feder Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: jar j m Ferrell, Ma DATE: 112-1 Z DEVELOPER: By: Pz Printed Name: tT _ '"lUMnn 411� Title: 0 DATE: 3 r - i 3 STATE OF WASHINGTON ) ) s5. COUNTY OF (1 ATTEST: V r V �(S � ep Corey, cmc , City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before meMtNip y to me known to be the PCe5Z&QMJC— of —CC -�r ZNaj,60PV,0 0\- that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 6�he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 3ra da of 2023. Y ` Notary Public State of Washington NICHOLAS CURATOLA LICENSE # 191466 MY CONIMSSION EXPIRES APRII. 7, 2025 Notary's signature Notary's printed name S f CGt b' Notary Public in and for the State of Washington. My commission expires L cta AGREEMENT - 4 - 3/2023