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AG 04-192 I ' I DATE OUT: : I TO: CITY OF FEDERAL WAY LAW DEPARTMENT DATE IN: REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP I. ORIGINATING DEPT./DIV: /-APJ 2. 4. 5. 6. 7. 8. 9. 10. II. C ORIGINATING STAFF PERSON: EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) D PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE/LABOR AGREEMENT D PUBLIC WORKS CONTRACT D SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) D PURCHASE AGREEMENT) D SECURITY DOCUMENT (EG AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BONO) D CONTRACTOR SELECTION DOCUMENT (MATERIALS. SUPPLIES, EQUIPMENT) D REAL ESTATE DOCUMENT (E.G.. RrB, RFP, RFQ) D CONTRACT AMENDMENT D CDBG D OTHER AG#: PROJECT NAME: NAME OF CONTRACTOR: ~}vd ~Il$l~ ADDRESS: SIGNATURE NAME: TELEPHONE TITLE ATTACH ALL EXHIBITS AND CHECK BOXES D SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, Ir ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDA Y RATES) REIMBURSABLE EXPENSE: DYES DNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES DNa IF YES, $ PAID BY: DCONTRAlTORDCITY CONTRACT REVIEW 0 PROJECT MANAGER 0 DIRECTOR 0 RISK MANAGEMENT 0 LAW INITIAL/DATE APPROVED INITIAL/DATE APPROVED CONTRACT SIGNATURE ROUTING 0 LAW DEPARTMENT D CITY MANAGER 0 yrfY CLERK ~~I.?N COpy BACK TO ORGINATING DEPT. I'vr ASSIGNED AG# CY-t-l'l.J-. ./0 PURCHASING: PLEASE CHARGE TO: INITIAL/DATE APPROVED INITIAL/DATE APPROVED ....- ~w l¿f~~ ~- S~-hr t 1 ^ò ~Ì) ~ fl§J . _._,.---,--- IOIOCJ/O2 e e ~-itOY-19L !. AGREEMENT BETWEEN CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY AND THE CITY OF FEDERAL WAY FOR FUTURE DEVELOPMENT OF TRANSIT ORIENTED DEVELOPMENT AT THE FEDERAL ,v A Y TRANSIT CENTER THIS AGREEMENT is made and entered i.nto this "1...5..\-t- day of O~ ,2004 by and between the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORlTY ("Sound Transit") and the CITY OF FEDERAL WAY ("City"), a municipal corporation, _ (hereinafter collectively, the "Parties"), regarding the development of a transit center project ("project"). RECrrALS ~---) WHEREAS, SoundYransit is a duly organized regional transit authority existing Lmder Chapters 8 L 104 aud 8 L 112 RCW and has all powers necessary to implement a high capacity transp011ation system and has the power to contract pursuant to RCW 39,33,050; and WHEREAS, the City is a municipal corporation organized under Chapter 35A RCW and has all powers. necessary to supply municipal services commonly Or conveniently rendered by cities and towns; and WHEREAS, the Parties have authority under RCW 39.34 to enter into an interlocal agreement to jointly- and cooperatively exercise their powers and under RCW 39.33 to dispose of real property; and WHEREAS, central Puget Sound area voters approved local funding for Sound Move" Sound Trmlsit's ten-year regiona] transit plan and such plan includes light rail, cotnmuter rail, and r\'lgional exp.J;ess bus/high occupancy vehicle systems that will be integrated with local h.ansit systems; and ' ) WHEREAS, on November 26, 2002, Sound Transit ~ubmitted a master land use application for development of the Federal Way Transit Center, an Essential Public Facility/Class I, which includes a transit platform with up to 14 bus bays and bus lllyover areas, a parking garage for up to 1,200 stalls on up to five levels, a pedestrian bridge between the transit platfol1TI and parking garage, passenger amenities, -roadway Agreement Between Sound Transit and Federal Way Page 1 For Future: TOD at Fede:1R1 Way Tnwsit Centc! ORIGINAL , , '. improvements, landscaping and public art, application number 02-105 - 346, hereafter the "Project"; and WHEREAS, the Project is located in the City on aPfroximately seven acres of property at the southwest corner of South 316th Street and 23r A venue South and legally described in Exhibit "A", attached and incoqlOrated herein; and WHmU~AS, on December 23, 2002, the City deemed the Project application complete pursuant to Federal Way City Code ("FWCC" or "City Code") 22-434; and WI-IEREAS, on September 26, 200 I, a NEP A Environmental Assessment ("EA") was issued for the Project and Sound Transit, as the lead agency, adopted the EA and issued a Determination of Nonsignificance ("ONS") on March 6, 2002, and this determination was subsequently upheld on appeal by the King County Superior Court on March 17, 2003; and WFIEREAS, the City approved the Project in a final decision issued by the Federal Way City Council on November 18, 2003 as indicated in Resolution No, 03-404; and WHEREAS, pursuant to FWCC 22-1, the Project is classified as an Essential Public Facility/Class I (regional transportation facility/transit center) and is, therefore, subject to the review criteria described in FWCC 22-946.1(b) and is not subject to the specific regulations described in the underlying City Center-Core zone; and ) WHEREAS, Sound Transit and the City executed an agreement on July 9, 2001 as filed with the City under AG 01-99, whereby Sound Transit agreed, in part, to voluntarily design the Project to provide an opportunity for transit oriented development ("TOO") consistent with applicable policies and regulations of Sound Transit, the Federal Transit Administration, and the City; and WHEREAS, the Sound Transit Board of Directors has adopted TOO policies with Motions No. 98-25 and M99-60, encouraging the development of transit supportive development at transit hubs; and WHEREAS, consistent with its voluntary commitment to provide future TOO development opportunities, Sound Transit identified "potential future transit oriented development" areas on the Project site plan; and WHEREAS, the Parties recognize that the 21 st Avenue South Street Irllprovement Project and certain other development incentives would contribute to the likely success ofTOD development adjacent to the Project; a~d WHEREAS, the Parties de:;;ire to clarify their respective commitments for future TOD . adjacent to the Project site by this Agreement and acknowledge that any future TOO that may occui' adjacent to the Project site will be evaluated separately from the Project Agreement Between Sound Transit and Federal Way Page 2 For Future TOO at Federal Way Transit Center application process for appropriate permits and environmental review under the State Environmental Policy Act and is not a part of the current review process for the Project. NOW THEREFORE, in consideration of mutual promises and covenants herein contained in this Agreement, Sound Transit and the City agree as follows: AGREEMENT 1.0 DEFINITIONS 1.1 East TOD Property: That area as depicted on Exhibit "B" conslstmg of approximately 30,834 square feet and intended for future TOD uses. 1.2 West TOD Property: That area as depicted on Exhibit "B" consisting of approximately 20,669 square feet and intended for future TOD uses. 1.3 TOD Properties: Refers to the East and West TOD Property collectively. 1.4 Transit Oriented Development ("TOD"): In the context of this Agreement, the term TOD represents development consistent with Exhibit "C" attached hereto and incorporated hcrcin by this reference. 2.0 RESPONSIBILITIES ) 2.1 Sound Transit Responsibilities A. Sound Transit shall dcsign and construct the Project consistent with the final plans and approvals issued by the City to allow development of future TOD opportunities on the TOD Properties and pursuant to applicable City Code requirements. B. Sound Transit shall exert its best efforts, in consultation with the City, to obtain a qualified developer(s) who will develop the TOD Properties within five (5) years of occupancy of the Project, consistent with Sound Transit's adopted policies for TOD development. In the event that Sound Transit determines, in its sole judgement, that a qualified TOD developer cannot be obtained through these good faith efforts, Sound Transit shall l2.repare and issue a Request For Proposals ("RFP"), at its sole expense and in consultation with the City, for development of the TOD Properties consistent with all applicable federal, state and local policies and regulations and at least twelve (12) months prior to the anticipated occupancy of the Project. C. Sound Transit shall, within eighteen months of issuance of the Certificate of Occupancy for the Project, (1) secure a commitment from a qualified Agreement Between Sound Transit and Federal Way Page 3 For Future TOD at Federal Way Transit Center dcveloper, who will agree to develop the TOO Properties within five (5) years of occupancy of the Projcct; or (2) convey thc TOD Propertics pursuant to Section 2.2 of this Agreement. If requested by Sound Transit, the City shall servc as lcad agency for purposcs of managing the RFP process. D. In conjunction with construction of the Project, Sound Transit shall design and construct utilities and pedestrian connections _ within the Project property in such a manner so as to allow future utility and pedestrian connections to the TOD Properties consistent with the final plans as approved by the City. E. In conjunction with the construction of the Project, Sound Transit shall prepare and submit a landscape plan for the TOD Properties consistent with Project Landscape Standards attached as Exhibit "D". The City shall review and approve the landscape plan expeditiously and Sound Transit shall implement the approved landscape plan pursuant to City Code as provided in the final approval issued by the City by installing the approved landscaping and improvements within 45 days of City approval, or some other timeframe as mutually agreed between the Parties. F. Sound Transit shall contribute a lump sum payment of One Million Dollars ($1,000,000) to the 21 st Avenue South Street Improvcment Project (21st Ave. Project). Sound Transit's contribution shall be paid to the City immediately upon fulfillment of the following conditions by the City; (a) completion of SEP A review, (b) acquisition or control of all property required for the 21st Ave Project, and (c) all required permits have issued for the 21st Ave. Project. Sound Transit shall complete timely review of all 21 st Ave. Project SEP A documentation. Sound Transit's contribution shall relieve Sound Transit and the TOD Properties of any further invcstment in 21 st Avenue South, including any futurc traffic signalization or fees. ') G. If in its sole discretion Sound Transit detcrmines that certain parking stalls in the parking garage are not necessary for successful operation of the Project, Sound Transit shall make parking in the Project parking garage available to local businesses and the City through market value leases for limited lease periods. In such an event, Sound Transit may reserve the right to terminate the lease(s) upon not less than 90 days written notice to the Lessee(s). The parties acknowledge that any lease for parking in the Project parking garage is subject to approval by the Federal Transit Administration. H. Sound Transit agrees to cooperate with the City and/or private property owner/developer to facilitate the development of a pedestrian bridge to the Agreement Between Sound Transit and Federal Way Page 4 For Future TOO at Federal Way Transit Center Project parking garage. Sound Transit shall grant access easements to the Project if such a pedestrian bridge proposal is viable and will be fully funded either by the City or by a third party who agrees to fully fund all costs associated with such a pedestrian bridge including design, permitting, construction and maintenance. In the event that the number of parking stalls within the Project garage would be reduced to accommodate the pedestrian bridge proposal, Sound Transit shall be entitled to compensation for such a loss in parking. Sound Transit reserves the right to review and reject or approve any particular proposal. Sound Transit's approval shall not be unreasonably withheld or delayed. I. Sound Transit shall provide experienced staff to work with the City in the development of the TOD. J. Sound Transit shall provide a night management security plan to the City for the Project. 2.2 Conveyance of TOD Properties A. West TOD property ) In the event that Sound Transit is not able to secure a commitment from a qualified developer within eighteen (18) months of issuance of the Certificate of Occupancy for the Project, who will agree to develop the West TOD Property within five (5) years of occupancy of the Project, on terms and conditions acceptable to Sound Transit in its sole judgment, or the developer does not commence construction of the TOD on the West TOD Property within five (5) years of occupancy of the Project, Sound Transit shall convey the West TOD Property to the City consistent with all applicable fcderal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the West TOD Property will be consistent with the definition of TOD in this Agreement. Sound Transit shall retain permanent utility, access, and signage easements over across and through the West TOD Property as necessary for Sound Transit's continued use and enjoyment of the Project property. East TOD Property B. In the event that Sound Transit detemlines within eighteen (18) months of issuance of the Certificate of Occupancy for the Project that it is not able to secure a commitment from a qualified developer, who will agree to develop the East TOD Property within five (5) years of occupancy of the Project on terms and conditions acceptable to Sound Transit in its sole Agreement Between Sound Transit and Federal Way Page 5 For Future TOD at Federal Way Transit Center " judgment, or the developer does not commence construction of the TOO on the East TOD Property within five (5) years of occupancy of the Project, Sound Transit shall convey the East TOD Property to the City consistent with all applicable federal, state, and local policies and regulations for such conveyances, the terms of this Agreement, and for valuable consideration in the form of the City's assurance that any future development of the East TOO Property will be consistent with the definition of TOO in this Agreement. The City shall have seven (7) years from the time of the conveyance to develop a TOO project on the East TOO Property. The City agrees to consult with Sound Transit's Chief Executive Officer, or designee, when reviewing proposed projects and no City-led project shall proceed unless he or she concurs with the City that the proposed project is consistent with the definition of TOD in this Agreement which concurrence shall not be unreasonably withheld or delayed. If the City is unable to develop a TOD project that Sound Transit agrees is consistent with the definition of TOD in this Agreement within seven (7) years of the conveyance to the City, the City shall either (I) retain ownership of the East TOD Property and pay Sound Transit the full market value of the property as determined by a mutually selected certified appraiser, less the value of permanent utility, access, and signage easements over, across and through the East TOD Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties, or (2) transfer the East TOD Property back to Sound Transit at no cost to Sound Transit. In the event the City ) desires to develop the East TOD Property in a manner that is not consistent with the definition of TOD in this Agreement within seven (7) years of conveyance to the City, the City shall pay Sound Transit the full market value of the property as determined by a mutually selected certified appraiser, less the value of permanent utility, access, and signage easements over, across and through the East TOO Property necessary for Sound Transit's continued use and enjoyment of the Project property as mutually determined by the Parties. C. The Parties agree that any development that is allowed to occur on the TOD Properties shall be consistent with the definition of TOD as described in Exhibit "e" to this Agreement and will assure that any conveyances shall be made subject to this requirement. The Parties fitrther agree that if a proposed TOO project is .consistent with the City's Planned Action SEP A, no additional SEP A review shall be required for the TOO project. D. Notwithstanding any other section of this Agreement, the Parties agree that Sound Transit shall not be required to convey the TOO Properties to the City until eighteen (18) months after the Certificate of Occupancy has been issued by the City for the Project. Agreement Between Sound Transit and Federal Way Page 6 For Future TOO at Federal Way Transit Center 2.3 City Responsibilities A. The City shall be responsible for the design, management and construction of the 21 SI Ave. Project. The City shall act as the lead agency for SEP A review. The City shall be responsible for property acquisition and permitting. Sound Transit's contribution of One Million Dollars to the 21 st Ave. Project shall relieve Sound Transit and/or the TOO developer of any further investment in 21st Avenue South, including any future traffic signalization or fees. The City agrees to coordinate with Sound Transit on the design of 21 st Ave. Project and provide Sound Transit an opportunity to review and approve the design to ensure that the 21 st Ave. Project does not interfere with the smooth operation of the Project. During construction, the City shall use its best efforts to reduce construction activity during peak commute hours and provide traffic control designed to minimize the impact on transit operations. B. In recognition of Sound Transit's One Million Dollar contribution to the 21st Ave. Project, the City shall not require payment of the City's standard permit fees for development of the TOO properties. This shall not include non-City or non-standard permit fees (i.e. fire district, school district, variance or expedited review fees). The City shall consider the number of people accessing the TOO via transit when determining the parking requirements for the TOO projects. Parking requirements for the TOO projects may be reduced, in recognition of those using the Project parking garage, or waived if Sound Transit dedicates sufficient parking in the Project parking garage to the TOO projects. ) C. The City shall assist Sound Transit in the plamling and implementation of the ground-breaking and ribbon-cutting activities for the Federal Way HOV Access/S. 31 ih and Federal Way Transit Center Projects. D. In the event that Sound Transit conveys either of the TOD Properties to the City pursuant to Section 2.2, the City agrees to provide an easement in substantially the form attached as Exhibit "E" for unimpeded access between the TOD properties and the Transit Center to preserve the physical and functional relationship between the properties. E. Immediately upon execution of this Agreement, the City shall convey to Sound Transit a pedestrian amenities easemept substantially in the form attached and incorporated herein as Exhibit "F". Agreement Between Sound Transit and Federal Way For Future TOO at Federa~ Way Transit Center Page 7 2.4 Additional Agreements The Parties agree to make every reasonable effort to cooperate in good faith with each other to negotiate and execute such additional agreements as may be necessary to complete the TOD Property conveyances described in this Agreement. 3.0 LEGAL RELATIONS The City and Sound Transit shall comply, and to the best of their respective abilities shall ensure, that their respective employees, agents, consultants and representatives comply with all federal, state and local laws, regulations and ordinances applicable to the work and services to be performed by each party under this Agreement. In performing work and services hereunder, the City and its employees, agents, consultants and representatives shall be acting on behalf of the City and shall not be deemed or construed to be employees or agents of Sound Transit in any manner whatsoever. Likewise, in performing work and services hereunder, Sound Transit and its employees, agents, consultants and representatives shall be acting on behalf of Sound Transit and shall not be deemed or construed to be employees or agents of the City in any inanncr whatsoever. Neither the City nor Sound Transit shall hold itself out as, nor claim to be an officer or employee of the other by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the other. The City shall be solely responsible for any claims for wages or compensation by City employees, agents, and representatives, including consultants, and save and hold Sound Transit. harmless therefrom; Sound Transit shall be solely responsible for any claims for wages or compensation by Sound Transit employees, agents, and representatives, including consultants, and save and hold the City harmless therefrom. ) To the maximum extent permitted by law, the City agrees to indemnify and hold harmless Sound Transit and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by the City under this Agreement, and for any failure to satisfY the City's contractual obligations under this Agreement, except to the extent caused by the negligence of Sound Transit. The City further agrees to assume the defense of Sound Transit and its officers, officials, and employees, with legal counsel acceptable to Sound Transit, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and the Cityshall pay all defense expenses, including attorneys' fees, expert fees, and expenses and"costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and the City shall satisfy any judgment rendered in connection therewith. The City may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of Sound Agreement Between Sound Transit and Federal Way Page 8 For Future TOD at Federal Way Transit Center Transit, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of Sound Transit. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shall be allowed to the prevailing party. THE CITY'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST SOUND TRANSIT BY AN EMPLOYEE OR FORMER EMPLOYEE OF THE CITY OR ItS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, THE CITY EXPRESSLY WAIVES ALL IMMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURlSDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAIM. I ') i To the maximum extent permitted by law, Sound Transit agrees to indenmify and hold harmless the City and its officers, officials, employees and/or agents, from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind or nature to the extent arising out of, in connection with, or incident to any work or services required or contemplated to be performed by Sound Transit under this Agreement, and for any failure to satisfy Sound Transit's contractual obligations with respect to the Project and/or under this Agreement, except to the extent caused by the negligence of the City. Sound Transit further agrees to assume the defense of the City and its officers, officials, and employees, with legal counsel acceptable to the City, which acceptance shall not be unreasonably withheld, in all legal or claim proceedings arising out of, in connection with, or incident to such work or services, and Sound Transit shall pay all defense expenses, including attorneys' fees, expert fees, and expenses and costs (collectively "defense costs") incurred directly or indirectly on account of such litigation or claims, and Sound Transit shall satisfy any judgment rendered in connection therewith. . Sound Transit may settle any suit, claim, action, loss, cost, penalty, or damages, subject to the approval of the City, which approval shall not be unreasonably withheld, if such settlement completely and forever extinguishes any and all liability of the City. In the event of litigation between the Parties to enforce the rights under this Section, reasonable attorney fees shallbe allowed to the prevailing party. SOUND TRANSIT'S INDEMNIFICATION OBLIGATION HEREIN SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL CLAIMS AGAINST THE CITY BY AN EMPLOYEE OR FORMER EMPLOYEE OF ,SOUND TRANSIT OR ITS CONSULTANT, AND, AFTER MUTUAL NEGOTIATION WITH SOUND TRANSIT, SOUND TRANSIT EXPRESSL Y WAIVES ALL WMUNITY AND LIMIT A TION ON LIABILITY UNDER ANY INDUSTRIAL INSURANCE ACT, INCLUDING TITLE 51 RCW, OTHER WORKER'S COMPENSATION ACT, DISABILITY BENEFIT ACT, OR OTHER EMPLOYEE BENEFIT ACT OF ANY JURISDICTION THAT WOULD OTHERWISE BE APPLICABLE IN THE CASE OF SUCH CLAW. Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 9 4.0 DISPUTE RESOLUTION 4.1 Sound Transit and the City will work colIaboratively to resolve disagreements arising from activities perfonned under this Agreement. Disagreements will be resolved promptly and at the lowest level of hierarchy. The services of a mediator may be used to assist with resolution. The following is a guide intended to resolve the maximum number of issues at the lowest organizational level. A. The Designated Representatives, as identified in this Agreement, shall communicate regularly to discuss the status of the task to be performed and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. B. Each Designated Representative shall notify the others in writing of any problem or dispute that the Designated Representative believes should be resolved. The Designated Representatives shall meet within five (5) business days of receiving the written notice in an attempt to resolve the dispute. c. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Director of Regional Express or his/her designee and the City's Director of Community Development Services or his/her designee shall meet and engage in good faith negotiations to resolve the dispute. I D. In the event the Directors cannot resolve the dispute, the Sound Transit Executive Director or designee and the City Manager or designee shall meet and engage in good faith negotiations to resolve the dispute. The Parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of these procedural steps is exhausted. 5.0 MISCELLANEOUS PROVISION 5.1 Termination Unless extended by mutual written agreement, this' Agreement shall terminate upon satisfactory completion of all the responsibilities described in this Agreement, or upon conveyance of the TOD Properties as described in this Agreement, whichever shall occur last. v Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 10 S.2 Notice All notices or requests required or permitted under this Agreement shall be in writing, shall be personally delivered or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission and shall be deemed given three (3) days following the date when mailed or on the date when delivered or faxed (provided the fax machine has issued a printed confirmation of receipt). All notices or requests. shall be sent to the City and Sound Transit's Designated Representatives addressed as follows: To the City: City of Federal Way Attn: Kathy McClung, Director of Community Development Services 33325 - 8th Avenue South P.O. Box 9718 Federal Way, W A 98063-9718 (253) 835-2610 (253) 661-4129 Address: Phone: Fax: With a Copy to: City of Federal Way Attn: Pat Richardson, City Attorney 33325 ~ 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 (253) 835-2570 (253) 835-2569 Address; ( --) Phone: Fax: To Sound Transit: Sound Transit Attn: Dan Eder, Project Manager 401 S. Jackson Street Seattle, W A 98104-2826 (206) 398;.5024 (206) 398-5215 Address: Phone: Fax: Each Party shall notify the other, in writing, of a change in the Party's respective Designated Representative. 5.3 Assignment Neither Sound Transit nor the City shall assign any interest, obligation, or benefit in this Agreement or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other; provided, however, that claims for money due or to become due to the City from Sound Transit under this Agreement may be assigned to a bank, trust company, or other financial institution without such approvaL Notice of Agreement Between Sound Transit and Federal Way Page 11 For Future TOD at Federal Way Transit Center any such assignment of claims for money due or to become due to the City shall be furnished promptly to Sound Transit SA Recording This Agreement shall be recorded with the Real Property Records Division of the King County Records and Elections Department and shall be binding and inure to the benefit of the parties and their successors in interest. 5.S Governing Law This Agreement and all provisions hereof shall be interpreted in accordance with the laws of the State of Washington. 5.6 Severability If any of the terms or provisions of this Agreement are determined to be invalid, such invalid term or provision shall not affect or impair the remainder of this Agreement, but such remainder shall continue in full force and effect to the same extent as though the invalid tenn or provision were not contained herein. 5.7 Warranty of Right to Enter into Agreement The City and Sound Transit each warrant that it has the right to enter into this Agreement and that the person signing this Agreement has authority to bind such person's respective entity. ) , 5.8 Exhibits All exhibits referenced in and attached to this Agreement are incorporated herein, except to the extent otherwise provided herein. 5.9 Entire Agreement This Agreement represents the entire agreement of the Parties with respect to all matters referenced herein. Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 12 CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT") CITY OF FEDERAL WAY: I()" 2~-tJ1 (c7l%'/ I>ate ~ . I>ate Attest: ~-~- N. Christine Green, CMC Approved as to form: ~~ Approved as to fonn: ~~ CIty Attorney, Patricia A. Richardson ---) K:\Sound Transit\TOD Agreement 2004\Revised TOD Agreement 8.24.04 Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 13 Exhibit A Existing Parcel Legal Description: KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot 1 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recordcd March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. Except that portion convcyed to the City of Federal Way, a Washington Municipal Corporation, under statutory warranty deed rccorded December 18, 2002, under Recording No. 20021218002306. . Tax Parcel No. 092104-9298 Lot 3 of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 20010323001260. . Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington. Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001155. Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20020724000972. Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 14 C) (-) ,~ ,,) Exhibit B East and West TOn Properties Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 15 ) Exhibit C Guidelines for Transit Oriented Development This exhibit provides a definition of the term "transit oriented development" (TaD) for the TaD Agreement between Sound Transit and the City of Federal Way. Transit Oriented Development Definition: Public and private development that supports and promotes transit use. Development projects should strive to enhance the effectiveness of transit, and be related physically or functionally to transit. To be considered TaD, development should address all three key components: location, use and design. ) . Location - Development that occurs within walking distance of major transit service. Generally, this means development occurring within Y.t mile of any light rail station, or Y.t mile of any bus stop with multiple routes and/or frequent service. [For~xample, under this definition, development occurring within Y.t mile of the Federal Way Transit Center/So 31 ih project would satisfy the location component. ] . Land Use - Types of development that support and promote transit use. Development that creates housing, jobs, shopping, community services or recreational opportunities could qualify as acceptable use. Development should support and promote transit use by making the best use of the underlying zoning capacity to encourage moderate or high-density development clustered near transit. Development should encourage a mix of uses where provided by underlying zoning. [An example of appropriate land use for a development adjacent to transit on a busy commercial street would be a 5-story mixed-use building with street- front retail and office above.] . Design - Development design that encourages neighborhood and pedestrian activity on the street and connectivity to transit, and decreased dependence on driving. The development should enhance the enviromnent for pedestrians in terms of safety, comfort and visual appeaL Inviting sidewalks and pedestrian public spaces are examples of appropriate design. Developments should encourage reduced parking and creative transportation demand management solutions to emphasize transit-use. Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 16 , " Exhibit D Project Landscape Standards INTRODUCTION - The Project is located at the southwest comer of South 3l6lh Street and 23rd Avenue South, and is approximately 6.9 acres in size. The Project will include up to 14 bus bays, up to 1,200 stalls, bus layover areas, passenger boarding areas, operator restroomsand public restrooms, street improvements, and public art. DESIGN INTENT Context-sensitive landscaping is used throughout the project. Planting beds and landscape planters appropriate to screen facades and to delineate and enhance pedestrian areas are used around the foundation of the garage, sidewalks, plazas, and transit center areas, while an "open area" planting scheme is used in future TOD Property. PEDESTRIAN SCALE LANDSCAPING The sidewalks and plazas surrounding and adjacent to the Project combine to provide a linear theme of movement throughout the Project. Sidewalks along the east-west and north-south axes of the Project and along South 316th Street are delineated by distinct paving and scoring, and connect to plazas containing seating, scored and colored concrete, lighting, trash receptacles, bicycle racks, public art elements, and plantings. These features combine to create an organized, safe, and attractive sequence of pedestrian linkages and amenities throughout the Project. Sidewalks and plazas will be accented with pedestrian-scale landscaping typical to urban pedestrian areas, including architectural landscape planters, and structured, ornamental trees and shrubs that preserve sight lines into pedestrian areas. FACADE SCREENING Planting areas on the east and west facades of the parking structure are designed to meet Federal Way City Code (FWCC) Sec. 22-l565(c), Type III "visual buffer" landscape requirements, and include a variety of evergreen and deciduous trees interspersed with large shrubs and groundcover sufficient to soften the appearance of building elevations. FUTURE TRANSIT ORIENTED DEVELOPMENT PROPERTIES The landscaping design for the TOD Properties is intended to be passive in character. Interim landscaping in the TOD Properties will provide visual relief and shading while maintaining clear sight lines across the site. Sod will be provided throughout the TOD, Properties and will be punctuated by deciduous trees at one-'tree per 3,500 square feet (a total of 15 trees) to create a passive, yet enjoyable, experience for both transit patrons and pedestrians. The interim landscaping will not be permanently irrigated; instead, Sound Transit will utilize temporary irrigation methods to properly maintain the sod and trees. Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 17 Exhibit E When Recorded Mail To: CITY OF FEDERAL WAY 33325 - 8uI AVENUE SOUTH POST OFFICE BOX 9718 FEDERAL WAY, WASHINGTON 98063-9718 ATTN: City Attorney ACCESS EASEMENT CITY OF FEDERAL WAY, a Washington Municipal Corporation CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a Regional Transit Authority Property Legal Description (abbreviated): Easement Legal Description: Grantor: Grantee: RECITALS ) WHEREAS, on , the City of Federal Way, a Washington Municipal Corporation, ("Grantor" or "City") and the Central Puget Sound Regional Transit Authority, a Regional Transit Authority, ("Grantee" or "Sound Transit") entered into an Agreement, No.~ ("TOD Agreement") regarding future development of Transit Oriented Development ("TaD") adjacent to the Federal Way Transit Center ("Transit Center"); and WHEREAS, pursuant to the TaD Agreement, Grantee conveyed the TaD Property, legally described in Exhibit A, to the City for development of TaD; and WHEREAS, pursuant to the TOD Agreement, Grantor agreed to provide an easement for unimpeded access between the TOO Property and the Transit Center; NOW, THEREFORE, in consideration of the above recitals and the mutual covenants herein contained, and for other good and valuable consideration the receipt of which is hereby acknowledged, Grantor and Grantee hereby agre'e: 1. Grant of Easement. Grantor grants to the Grantee a non-exclusive, access easement under, across and over certain real property (the "Easement Area") located in Federal Way, Washington, legally described in Exhibit B on a non-exclusive basis and subject to the conditions and limitations herein. Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 18 2. Purpose and Access. Said Easement shall be for the purpose of unimpeded access between the East TOD Property and the Transit Center. Grantee shall have the right of access to the Easenient Area to enable Grantee to exercise its rights hereunder by utilizing the improved driveway or designated walkways on the East TOD Property or by any other method mutually agreeable to Grantor and Grantee. This Easement shall be non~exclusive and shall be open to the Grantee, the Grantors and the general public; provided that, Grantee shall ensure that use of the Easement Area does not interfere with the primary use of the East TOD Property and the rights and privileges of the Grantor therein. 3. Grantor's Use of Easement. Grantor reserves the right to use the Easement for any purpose not inconsistent with Grantee's rights. 4. Indemnification. Each party to this Easement shall indemnify, defend, and hold the other party, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorneys' fees) arising from or as a result of the death of any person, or any accident, injury, loss, or damage whatsoever caused to person or property, which shall occur upon the Easement Area except to the extent caused by the negligent or willful act or omission of the other party, its agents, licensees, or representatives. 5. Successors and Assigns. The rights and obligations of the Parties shall inure to the - benefit of and be binding upontheir respective successors in interest, heirs and assigns. ) ! day of ,20_ DATED THIS GRANTOR CITY OF FEDERAL WAY By David Moseley, City Manager GRANTEE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By Its Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 19 ST ATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me David Moseley, to me known to be the City Manager of the City of Federal Way 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 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 day of ,200_, (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires STATE OF WASHINGTON) ) ss. COUNTY OF KING ) ) On this day personally appeared before me , to me known to be the of the CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY 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 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 day of ,200_. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires K:\Sound Transit\Access Easement Ex. E to TOD Agreement Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 20 Exhibit A to Access Easement East TOD Property Description ) Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 21 ( ) Exhibit B to Access Easement Easement Area Legal Description Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 22 Exhibit F Return Address: City of Federal Way Attn: Law Dept. PO Box 9718 Federal Way, W A 98063-9718 PEDESTRIAN AMENITIES EASEMENT Grantor(s): CITY OF FEDERAL WAY, a Washington municipal corporation Grantee (s): CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY, a Regional Transit Authority Property Legal Description (abbreviated): Easement Legal Description (abbreviated): Assessor's Tax Parcel ID#(s): RECITALS ) WHEREAS, the City of Federal Way ("City" or "Grantor") holds rights-of-way within the City in trust for the benefit of the public, including South 316th Street between and legally described in Exhibit A attached hereto and incorporated by reference ("Easement Area"); and WHEREAS, Central Puget Sound Regional Transit Authority ("Sound Transit" or "Grantee") desires to use space in, on, or above the Easement Area for the installation and maintenance of certain improvements that include special stamped concrete pavement, trellis footings, landscaping, street light barmers and benches ("Pedestrian Amenities") for use in connection with its construction and operation ofa Transit Center located at , legally described in Exhibit B ("Transit Center"); and WHEREAS, The City's Land Use Approval # installation of Pedestrian Amenities. dated , reqUIres the EASEMENT AGREEMENT NOW, THEREFORE, in consideration of the above recitals andJhe mutual covenants herein contained, and for other good and valuable consideration the receipt of which is hereby acknowledged, Grantor and Grantee hereby agree: Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 23 -\ 1. Grant of Easement. Grantor grants to the Grantee a non-exclusive, pedestrian amenities easement under, across and over the Easement Area on a non-exclusive basis and subject to the conditions and limitations herein. 2. Purpose and Access. Said Easement shall be for the purpose of installation and maintenance of certain Pedestrian Amenities that include special stamped concrete pavement, trellis footings, landscaping, street light banners and benches for use in connection with the construction and operation of the Transit Center. This Easement shall be non-exclusive and shall be open to the Grantee, the Grantors and the general public; provided that, Grantee shall ensure that the Pedestrian Amenities do not interfere with the primary use of the Property and the rights and privileges of the Grantor therein. 3. Easement Area Improvements. Grantee may locate its Pedestrian Amenities on the Easement Area in the manner as described specifically in dle attached Exhibit C. Grantee may not add Pedestrian Amenities in addition to dmt shown on Exhibit C other than as may be approved in writing by the City. 4. Grantor's Use of Easement Area. The City reserves the right to regulate, use, occupy and enjoy its Property for such purposes as it shall desire including, but not limited to, constructing or installing structures and facilities on the right-of-way, or developing, improving, repairing or altering the right-of-way. Upon the City's demand and at the Grantee's sole cost and expense, the Grantee shall remove, repair, relocate, change or reconstruct the Pedestrian Amenities pursuant to the City's instructions and within a reasonable time period prescribed by the City. ) 5. Restoration. In the event that Grantee causes damage of any kind during the course of installing, operating or maintaining the Pedestrian Amenities, including damage to the right-of-way caused by cutting, boring, jack hannnering, excavation or other work, and including latent damage not inmlediately apparent at the time of the work, Grantee shall repair the damage and restore the right-of-way at Grantee's sole cost and expense, without delay or intenuption and within the reasonable time period prescribed by the City. Restoration of the right-of-way shall be to a condition that is equivalent to or better than the condition of the right-of-way prior to commencing the installation, operation or maintenance of the Pedestrian Amenities and to a condition satisfactory to the City. Restoration of the right-of-way smface shall either include six inches (6") of crushed surfacing top course and three inches (3") of asphalt, class "B", or be replaced to the original condition, at the City's sole discretion. Whenever part of a square or slab or existing concrete sidewalk: or driveway is cut or damaged, the entire square or slab shall be removed and replaced. All materials and compacting shall be in accordance with the "Standards and Specifications for Road, Bridge, and Municipal Construction," as amended. 6. Maintenance. Grantee shall be solely responsible for keeping the Easement Area reasonably neat and clean and in good condition and repair. Grantee shall, at its own expense, maintain the Easement Area and Pedestrian Amenities in a safe condition, in good repair, and in a manner suitable to the City. Additionally, Grantee shall keep the Easement Area free of debris, graffiti and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue vibration, heat, noise or any interference with City services. Grantee shall have sole responsibility for the maintenance, repair, and security of its Pedestrian Amenities, and shall keep the same in good repair and condition. 7. Compliance with Laws. Grantee's use of the Easement Area is subject to its obtaining aU certificates, permits, zoning, and other approvals that may be required by any federal, state or local authority, Grantee shall erect, maintain and operate its Pedestrian Amenities in accordance with applicable site standards, statutes, ordinances, rules and regulations issued by the City, federal or state government or any other governing bodies. Grantee acknowledges that all aspects of this Easement are consistent with existing Washington State statutes and the City Code, and to the best of its knowledge, this Easement is cOnsistent with all other applicable federal, state and local laws. In addition, Grantee specifically acknowledges that the Easement Area is located in right-of-way subject to City's regulatory authority. Nothing herein shall be deemed to limit, impair or affect City's authority to pennit, franchise or regulate usage of rights-of-way pursuant to its lawful authority. Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 24 8. Dangerous Conditions: Authority for City to Abate. Whenever construction, installation, or excavation of Pedestrian Amenities authorized by this Easement has caused or contributed to a condition which impairs the lateral support of the adjoining public way, street or public place, or endangers the public, street utilities or City-owned property, the City's Public Works Director may direct the Grantee, at the Grantee's own expense, to take reasonable action to protect the public, adjacent public places, City-owned property, streets, utilities and public ways. Such action may include compliance within a prescribed time. In the event that the Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the Easement Area and take such actions as are reasonably necessary to protect tile public, the adjacent streets, public ways and utilities, to maintain the lateral support thereof, or other actions regarded as necessary safety precautions; and the Grantee shall be liable to the City for the costs thereof. The provisions of this Section shall stuVive the termination of this Easement 9. Indemnification. Each party to this Easement shall indemnify, defend, and hold the other party, its elected officials, officers, employees, agents, and volunteers hannless from any and all claims, demands, losses, actions and liabilities (including costs and all attorneys' fees) arising from or as a result of the death of .any person, or any accident, injury, loss, or damage whatsoever caused to person or property, which shall occur upon the Easement Area except to the extent caused by the negli~ent or willful act or omission of the other party, its agents, licensees, or representatives. 10. Condemnation. In the event the Easement Area is taken in whole or in part by any entity by eminent domain, this Easement shall terminate as of the date title to the Easement Area vests in the condemning authority. Grantee shall not be entitled to any portion of the award paid and the City shall receive the full amount of such award. Grantee hereby expressly waives any right or claim to any portion thereof. However, CJfantee shall have the right to claim and recover from the condemning authority, other than the City, such other compensation as may be separately awarded or recoverable by Grantee. 11. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. ) 12. 'fermination. If at any time the Transit Center ceases to be used as a Transit Center, this Easement Agreement shall automatically terminate. Grantee shall remove the Pedestrian Amenities from the Easement Area upon termination of the Easement. Upon removal of the Pedestrian Amenities, Grantee shall restore the affected area of the Easement Area to the reasonable satisfaction of the City. All costs and expenses for the removal and restoration to be performed by Grantee shall be borne by Grantee. If however, Grantee requests permission not to remove all or a portion of the Pedestrian Amenities, and City consents to such nonremoval, title to the affected Pedestrian Amenities shall thereupon transfer to City and the same thereafter shall be the sole and entire property of City, and Grantee shall be relieved of its duty to otherwise remove same. " Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 25 DA TED THIS _ day of GRANTOR: CITY OF FEDERAL WAY By: David H. Moseley, City Manager GRANTEE CENTRALPUGETSOUND REGIONAL TRANSIT AUTHORITY By: Joan M. Earl, CEO 81' ATE OF W A8HINGTON ) ) ss. ) COUNTY OF KING /) / On this day, personally appeare~ before me, the undersigned, a Notary Public in and for the State of Washington, duly cOlmmssioned and sworn, David H. Moseley to me known to be the City Manager of the City of Federal Way, a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and vohmtary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this ~ day of , 2004. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires: K\Sound Transit\TOD Agreement 2004\Pedestrian Amenities Easement Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center ,2004. APPROVED AS TO FORM: Patricia A. Richardson, City Attorney APPROVED AT TO FORM: Stephen Sheehy, Legal Counsel STATE OF WASHINGTON ) ) ss. ) COUNTY OF KING On this day personally appeared before me , to me known to be the ____ of Central Puget Sound Regional Transit Authority, the corporation 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 he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. Given under my hand and official seal this ~ day of - , 2004. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington_ My commission expires: Page 26 Exhibit A To Pedestrian Amenities Easement Easement Area Legal Description The south fifteen feet of South 316tb Street road right-of-way, approximately 420 lineal feet, from the west curb line of23rd Avenue South to the east curb line of 21st Avenue South in Federal Way, King County, Washington. Agreement Between Sound Transit and Federal Way For Future TOO at Federal Way Transit Center Page 27 " " ,. / \ ; ., ., Exhibit B To Pedestrian Amenities Easement Transit Center Legal Description Existing Legal Description KING COUNTY SHORT PLAT 1802027 Tax Parcel No. 092104-9021 Lot I of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. Tax Parcel No. 092104-9057 Lot 2 of King County Short Plat No. 182027, according to short plat recorded March 14, 1984 under Recording No. 8403140752, in King County, Washington. KING COUNTY SHORT PLAT 480019R Tax Parcel No. 92104-9176 Lot 2 of King County Short Plat No. 480019R, according to shOlt plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way, for road, by deed recorded under Recording No. 20001215001690. ) Except that portion conveyed to the City of Federal Way, a Washing'ton Municipal Corporation, under statutory warranty deed recorded December 18, 2002, under Recording No. 20021218002306. Tax Parcel No. 092104-9298 Lot 3 of King County Short Plat No. 480019R, according to ShOlt plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington; Except that portion conveyed to the City of Federal Way by deeded recorded under Recording No. 20010323001260. Tax Parcel No. 092104-9299 Lot A of King County Short Plat No. 480019R, according to short plat recorded April 28, 1980 under Recording No. 8004280455, in King County, Washington. Except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20000807001155, Also except that portion conveyed to the City of Federal Way by deed recorded under Recording No. 20020724000972 . Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 28 Exhibit C To Pedestrian Amenities Easement Pedestrian Amenities Sketch Agreement Between Sound Transit and Federal Way For Future TOD at Federal Way Transit Center Page 29 '. .' .' i ) ) f-) ~ w ~ ;i l;; ~ '" ~ I i1 . -'<I' ~ i.'i <:> p o ~" ~ ~ i- F .., .., :z: . . ~\". g + - <:n t1ig ~.~ ~ W F) uj !L1I 1"'\.... _M I!rf.... 6t1 "" 1~,"",14 MirJ.....IY,1,f - L". 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