AG 04-192 - Sound Transit
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I DATE OUT: : I TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
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REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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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
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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
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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.
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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.
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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
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