AG 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