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Council PKT 12-04-2007 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall December 4, 2007 -7:00 PM (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE - Todd Beamer Jr. ROTC 3. PRESENTATIONS . Certificates of Appreciation to Weyerhaeuser and Print Northwest for their support and contributions to the Human Services Brochure · Emerging Issues 4. PUBLIC COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAKING. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the November 13, 2007 Special Meeting and the November 20,2007 Regular Meeting b. Enactment Ordinance - 2007-2008 Budget Adjustments c. Enactment Ordinance - Setting the Property Tax Rate for 2008 d. Enactment Ordinance - Amending SWM Fees e. Enactment Ordinance - Changing Name of Public Safety Department to Police Department f. Enactment Ordinance - Correcting Various Non-substantive Errors in the Federal Way City Code g. Resolution: Amendments to Fee Schedule h. S. 348th St. HOV Lanes (9th Ave S to SR 99) - 100% Design Status 1. Surface Water Infrastructure Maintenance and Service Contract - Authorization to Bid J. 2007 Asphalt Overlay Project - Final Acceptance k. Interlocal Agreement - City of Federal Way and Lakehaven Utility District for Office Space Occupancy 6. PUBLIC HEARING a. Surplus Property - 31600 20th Ave South (Old AMC Theatre Site) - Parcel No. 09-2104- 9021-08 . Staff Presentation (Includes Presentation on Proposed Purchase and Sale Agreement with United Properties re: Symphony Project) · Public Comment - 3 Minute Limit · Proposed Resolution: Declaring Property Surplus 7. COUNCIL BUSINESS a. Proposed Purchase and Sale Agreement with United Properties re: Symphony Project b. Camp Kilworth Agreement Extension c. Crestwood Park PUD Settlement Agreement d. Acquisition of Goldmax Property (aka Kwon Property) 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION a. Potential Litigation pursuant to RCW 42.30.110(1)(i) b. Purchase of Real Property pursuant to RCW 42.30.110(1)(b) 11. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** COUNCIL MEETING DATE: December 4,2007 ITEM #: 5-a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the November 13,2007 Special Meeting and the November 20, 2007 Regular Meeting? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: I:8J Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~!.!...~!2~!...~.Y..:_..!.Yl!.~.~EP.~!.~~~!.~............._.._....... Attachments: Draft meeting minutes of the November 13,2007 Special Meeting and the November 20, 2007 Regular Meeting. Options Considered: DEPT:NotApplicable 1. Approve the minutes as presented. 2. Amend the minutes as necessary. STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY CLERK ApPROVAL: N/A DIRECTOR ApPROVAL: N/A Committee N/A Council Committee COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I MOVE TO APPROVE THE MINUTES OF THE NOVEMBER 13, 2007 SPECIAL MEETING AND THE NOVEMBER 20,2007 REGULAR MEETING AS PRESENTED". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # .... FEDERAL WAY CITY COUNCIL PATRICK MAHER CONFERENCE ROOM November 13,2007 Special Meeting/Study Session - 6:00 PM MINUTES (www.cityoffederalway.com) .......................................................................... I. CALL MEETING TO ORDER Mayor Park called the special meeting to order at 6:05 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. II. 2007-2008 MID-BIENNIUM BUDGET ADJUSTMENTS STUDY SESSION City Manager Neal Beets stated staff will review the proposed budget and any proposed amendments to date, will have a brief overview of 1-747, discuss the effect of the Supreme Court's Decision deeming the initiative unconstitutional, and will receive direction from the City Council. III. PUBLIC COMMENT Derek Purdom asked several clarifying questions regarding the budget. His main concern is with the Utility Tax. Stated he fully supports the salary and benefit updates in the budget. A representative from the Federal Way National Little League asked for Council support for a King County matching grant for the baseball fields. The grant will help fund improvements and maintenance of the fields. Scott Henderson, Federal Way National Little League, also asked for funding support from the Council for the baseball fields. Assistant City Manager Iwen Wang gave an overview of the City Manager's proposed budget adjustments. Council discussed key proposals. Council consensus/modifications to proposed budget adjustments are as follows: · Retain conversion of five vehicles to hybrid vehicles . Provide funding to develop a comprehensive "Green City Strategic Plan" (estimated at $80k). . Provide $10,000 in 2008 for expanded Homeless Prevention Programs . Extend domestic partner benefits to both same and opposite sex partners for an additional $14,000 per year over the proposed $28,000 benefit for same-sex domestic partners. . Provide $75,000 to the Federal Way National Little League (FWNLL) for a matching grant fund for field lighting. Council earmarked only $18,750 (the required amount from the City for matching requirements) for the grant. FWNLL will come back to Council in future for approval on how/when the remainder of the funds will be spent. . Reduce the City Manager Contingency Fund by $179,000.00 for the above programs to $1.03 million. Councilmember Faison left the meeting at 7:30 PM. IV. ADJOURN Mayor Park adjourned the study session at 8:12 PM. ATTEST: Laura Hathaway, City Clerk Approved by Council on: FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall November 20, 2007 - 7 :00 PM MINUTES (www.cityoffederalway.com) ***** 1. MEETING CALL TO ORDER Mayor Park called the meeting to order at 7:02 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar, McColgan and Deputy Mayor Ferrell present. 2. PLEDGE OF ALLEGIANCE Councilmember Faison led the Flag Salute. 3. PRESENTATIONS There were no presentations. 4. PUBLIC COMMENT John Wilde - announced the Third Annual New Hope Mortgage Food Drive to take place on December l5, 2007 at Albertson's on Pacific Highway. Mr. Wilde also inquired about delayed response times on an animal control issue, case number C07l6824. Norma Blanchard - asked a clarifying question on using public facilities for election purposes. City Attorney Pat Richardson explained that while State Law prohibits the use of public facilities for election purposes, if the City Council wants to take collective action either in support or opposition to a ballot measure, they may do so as long it is advertised that they are planning to do so and provide opportunity for those on both sides of the measure to speak. Deputy Mayor Ferrell asked Chief Wilson to respond to Mr. Wilde's inquiry regarding the animal control issue. Chief Wilson stated he wi11look into it. Councilmember Burbidge said they would add the issue to an upcoming Parks, Recreation, Human Services and Public Safety (PRHSPS) Committee Meeting. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the November 6, 2007 Regular Meeting - Approved b. September 2007 Monthly Financial Report - Approved c. Vouchers - Approved d. Puget Sound Partnership 2007-2009 Technical Assistance Project - Approved e. 2007 -2008 Youth Commission Work Plan - Approved f. Janitorial Services Contract - Approved g. Interlocal Agreement for Misdemeanant Jail Facility Study - Approved November 20,2007 Council Meeting Minutes Page 2 of6 h. 2008 Legislative Agenda - Approved 1. Fall 2007 Tourism Enhancement Grant Applications - Approved J. Resolution: Directing a Draft Re-codification of the Federal Way City Code - Approved; Resolution No. 07-509 MOTION: Deputy Mayor Ferrell moved approval of Consent Items a-J. Councilmember McColgan second. The motion carried 7-0. 6. PUBLIC HEARING Mayor Park opened the Public Hearing at 7:12 PM and read into the record the process to be followed. a. 2007-2008 Mid-Biennium Budget Adjustments . Staff Presentation Assistant City Manager Iwen Wang reviewed past meeting dates and amendments on the 2007- 2008 Budget Adjustments, reviewed highlights of the City Manager's recommended adjustments; highlighted Council approvals and changes, and reviewed the proposed Property Tax Rate Ordinance. Ms. Wang stated that even though 1-747 has been overturned by the courts and the legislature will conduct a one-day special legislative session on November 29, 2007 to determine the cap and banked capacity, the City of Federal Way is proposing to leave the increase at 1%. . Public Comment - 3 Minute Limit David Smart - spoke in support of the amendment proposed by Councilmember Dovey to fund a drug/alcohol treatment program. Kellv Nelson - spoke in support of the amendment proposed by Councilmember Dovey to fund a drug/alcohol treatment program. Council Questions: Councilmembers Dovey and Faison asked clarifying questions regarding the Federal Way National Little League (FWNLL) funding. Assistant City Manager Wang responded that $75,000 has been earmarked; however, only $18,750 will be released at this time to allow FWNLL to receive their grant funding. Councilmembers asked several clarifying questions regarding the Green City Proposal. City Manager Beets stated he could come back to the City Council in the first quarter of the year with a consultant selection and believes that by the second or third quarter they could have a plan to be incorporated in the 2009-2010 budget process. Deputy Mayor Ferrell thanked Councilmember Dovey for bringing forth the drug treatment program initiative. Councilmember Kochmar reminded the public about the Challenge Grant for $10,000 asked other businesses to match the City's funds dollar for dollar for human service programs. November 20, 2007 Council Meeting Minutes Page 3 of6 Councilmember McColgan cautioned the Council that this introduction drug treatment initiative is controversial and reminded the Council that there are a lot of issues they need to deal with. Mayor Park closed the Public Hearing at 7:36 PM. . Budget Introduction Ordinances 1. Budget Adjustment Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGET AND FINANCE REVISING THE 2007-2008 BIENNIAL BUDGET (Amending Ordinance No. 06-537 and 07-549.) City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Budget Adjustment Ordinance to second reading/enactment on December 4,2007. Councilmember Burbidge second. The motion carried 7-0. II. Property Tax Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2008. City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Property Tax Ordinance to second reading/enactment on December 4, 2007. Councilmember Kochmar second. The motion carried 7-0. III. Surface Water Management Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY TO EXEMPT ALL PUBLIC ROADWAYS FROM SURFACE WATER MANAGEMENT FEES. (Amending Ordinance Nos. 90-32, 91-117, 96-277, 02-433, and 06-544). City Clerk Hathaway read the Budget Adjustment Ordinance Title into the record. MOTION: Councilmember Faison moved the Surface Water Management Ordinance to second reading/enactment on December 4,2007. Councilmember Kochmar second. The motion carried 7-0. 7. COUNCIL BUSINESS a. Resolution Adopting the Ballot Title for the February 19, 2008 Special Election and Directing the City Clerk to file said Resolution with King County Elections. MOTION: Deputy Mayor Ferrell moved adoption of the Ballot Title for the February 19,2008 Special Election and directed the City Clerk to file the Resolution with King County Elections. Councilmember McColgan second. The motion carried 7-0. (Assigned Resolution #07-510). November 20, 2007 Council Meeting Minutes Page 4 of6 b. Resolution Appointing the Pro Committee for the Local Voter's Pamphlet for the February 19,2008 Special Election. MOTION: Councilmember Kochmar moved approval of the following names for the Pro Committee to appear in the Voter's Pamphlet for the February 19, 2008 Special Election: Roy Parke, David McKenzie and Frosty Hardison. Deputy Mayor Ferrell second. The motion carried 7 -0 (Assigned - Resolution #07-511). c. Resolution Appointing the Con Committee for the Local Voter's Pamphlet for the February 19,2008 Special Election MOTION: Councilmember Burbidge moved approval of the following names for the Con Committee Statement to appear in the Voter's Pamphlet for the February 19, 2008 Special Election: Mary L. Ehlis, H. David Kaplan and Joann Piquette. Deputy Mayor Ferrell second. The motion carried 7-0 (Assigned -Resolution #07-512). d. Amendment to the Interlocal Agreement with the Coalition of Jurisdictions appealing the NPDES Phase II Permit MOTION: Councilmember Dovey moved approval of the amendment to the Interlocal Agreement with the Coalition of Jurisdictions appealing the NPDES Phase II permit and authorized the City Attorney to execute the agreement. Councilmember Kochmar second. The motion carried 7-0. 8. INTRODUCTION ORDINANCES a. Budget Adjustment Ordinance - INTRODUCED/ READ UNDER THE PUBLIC HEARING PORTION OF THE AGENDA b. Property Tax Ordinance - INTRODUCED/READ UNDER THE PUBLIC HEARING PORTION OF THE AGENDA c. Surface Water Management Ordinance - INTRODUCED/READUNDER THE PUBLIC HEARING PORTION OF THE AGENDA d. Ordinance Changing the Name of the Federal Way Public Safety Department to the Federal Way Police Department AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RENAMING THE DEPARTMENT OF PUBLIC SAFETY TO THE POLICE DEPARTMENT, AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 11, PARKS AND RECREATION, AND CHAPTER 15, TRAFFIC AND VEHICLES. (AMENDING ORDINANCE NOS. 91-82, 95-252, 98-318, 00-376,00-373,01,391,01-393,01-39601-404, 03-456 AND 04-464). City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember Burbidge moved the proposed Name Change Ordinance to second reading/enactment on December 4, 2007. Councilmember McColgan second. The motion carried 7-0. November 20, 2007 Council Meeting Minutes Page 5 of6 e. Ordinance Correcting Various Non-substantive Errors in the Federal Way City Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, CLARIFYING LANGUAGE, CORRECTING REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS; AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE 11, CHAPTER 4 ARTICLE 1, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES 11, IV.B,VI,VII,VIII,XI,XIII, VXII,XVIII, AND XXI. (AMENDING ORDINANCE NOS. 90-30, 90-43, 91- 87,91-90,92-133,92-153,93-170,93-182,93-193, 96-270, 97-291, 99-333, 99-337, 99-341, 99-348, 99- 357,00-375,00-376,01-399,02-424,05-486, 05-487,06-515,06-523, AND 06-527). City Clerk Hathaway read the ordinance title into the record. MOTION: Councilmember McColgan moved the Ordinance Correcting Various Non- substantive Errors in the Federal Way City Code to second reading/enactment on December 4, 2007. Councilmember Faison second. The motion carried 7-0. 9. COUNCIL REPORTS Councilmember Faison wished everyone a Happy Thanksgiving. Councilmember Dovey reported the next meeting of the Land Use/Transportation Committee is scheduled for December 3, 2007. The agenda includes a presentation by the Port of Seattle regarding airport noise. Councilmember Burbidge reported on the next Parks, Recreation/Human Services/Public Safety Committee Meeting on December 11,2007. She reported on a meeting of the South County Area Transportation Board where they discussed the failure of Proposition 1, the roads and transit package, and how it will impact future projects. Lastly, she overviewed upcoming community events and congratulated Public Safety Officers on their recent promotions. Councilmember Kochmar acknowledged fellow Councilmembers who serve and have been reappointed to various boards and committees as part of the Suburban Cities Association. The Suburban Cities Association represents 1.3 million people in the suburban region of Seattle. Deputy Mayor Ferrell thanked John Wilde for his commitment to serving the community with his annual food drive on December 15,2007 and wished everyone a Happy Thanksgiving. Mayor Park thanked his fellow Councilmembers for their service to the Community not just locally but regionally as well. He also reported that he, along with Councilmember Dovey and City Manager Beets, the Local Government Liaison Committee Meeting earlier today. The Committee, made up of representatives from the City, School District, Lakehaven Utility District, and South King County Fire District has decided to meet bi-monthly vs. quarterly beginning in 2008 to discuss matters that affect each agency. 10. CITY MANAGER REPORT City Manager Beets announced that the scheduled Executive Session will last approximately one hour with no action expected. November 20,2007 Council Meeting Minutes Page 60f6 11. EXECUTIVE SESSION Council adjourned to Executive Session at 7:55 PM. a. Sale of Real Property pursuant to RCW 42.30.110(1)(c) b. Purchase of Real Property pursuant to RCW 42.30.llO(I)(b) c. Potential Litigation pursuant to RCW 42.30.110(l)(i) 12. ADJOURNMENT Mayor Park adjourned the meeting at 9:07 PM. ATTEST: Laura K. Hathaway, City Clerk Approved by Council on: MEETING DATE: November 20, 2007 (atkr ITEM# ~. 5.b CITY OF FEDERAL WAY City Council AGENDA BILL SUBJECT: 2007-2008 Mid-Biennium Budget Adjustment POLICY QUESTION: N/A CATEGORY: D Consent D City Council Business [8J Ordinance D Resolution D D Public Hearing Other ~!~!'!"..~!'.Q~!~X:}~~~}Y~~g~.M::l:~~g~:'!:L.~~!~~.l'Y!(;~~P.!E~(;!9.E .. ....I?~.~!~M~~~g~:'!:L.~~!~~r.:Y.i~.~~.._. ATTACHMENTS: Ordinance and Exhibits A(l) and B(l). SUMMARYIBACKGROUND: This is an ordinance for the adjustment of the 2007-2008 Budget. This adjustment will: 1) incorporate items that have been previously approved by Council during the year; 2) establish a $2 million Rainy Day Reserve in General Fund for economic downturns; and 3) adjust revenue and expenditure estimates to reflect changing conditions and needs. STAFF RECOMMENDATION: Staff recommends that Council approve the attached ordinance. ~ DIRECTOR ApPROVAL: ~ Committee Council N/A N/A ~~ t!iFtJ CITY MANAGER ApPROVAL: Committee COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "1 move the proposed ordinance to second reading and approval at the next regular meeting on December 4,2007." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # IlldO!d7 ( ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO BUDGET AND FINANCE REVISING THE 2007-2008 BIENNIAL BUDGET (Amending Ordinance No. 06-537 and 07-549.) WHEREAS, certain revisions to the 2007-2008 Biennial Budget are necessary; and WHEREAS, these revisions are a result of the mid-biennium budget adjustment; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment. Exhibits A & B (2007 and 2008 Revised Budgets) in Ordinance 07- 549, are hereby amended to Exhibits A(l) - 2007 Revised Budgets and B(l) - 2008 Revised Budgets to adopt a revised budget for the years 2007-2008. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any ORD# , PAGE 1 references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ordinance\2007\mid-biennial adjustment ORD# , PAGE 2 EXHIBIT A(1) 2007 REVISED BUDGET . -. General Fund $ 6,770,831 $ - $ 6,770,831 $ 36,308,538 $ 2,662,383 $ 38,970,921 $ 40,623,424 $ 1,329,084 $ 41,952,508 $ 3,789,244 - Special Revenue Funds: - Street 318,116 ' 318,116 4,420.055 ~._~------~~---- - 217,500 4,637,555 4,738,171 117,500 4.855,671 100,000 Arterial Street 59,081 - 59,081 2,039,000 780.000 2,819,000 2,082,975 780,000 I 2,862,975 15,106 Utility Tax 1,912,636 - 1,912,636 10,901,287 185,000 11,086,287 11,102,744 185,000 11,287,744 1,711,179 Solid Waste/Recycling 99,976 3! 99,979 380,850 - 380,850 364,890 - 364,890 115,939 Special Contract/Studies n._ 302,906 - 302.906 - - - 302,906 - 302,906 - Hotel/Motel Lodging Tax 169,064 - 169,064 182,100 - 182,100 351,164 i - 351,164 - 2% for the Arts 24,163 - 24,163 - - - 24,163 - 24,163 - Federal Way Community Cente 55,274 - 55,274 1,978,665 - 1,978,665 1,794,837 - 1,794,837 239,102 Grants - CDBG - - - 549,481 - 549,481 549,481 - 549,481 - Paths and Trails 25,399 - 25,399 9,523 - 9,523 603 (603) - 34,922 - - - Debt Service Fund 6,217,347 - 6,217,347 9,027,483 2,000,000 11,027,483 12,111,538 3,671,208 15,782,746 1,462,084 - - Capital Project Funds: .-- - - Downtown Revitalization 9,320,676 - 9,320.676 600,000 - 600.000 9,920,676 - 9,920,676 - City Facilities 5,637,893 I - 5,637,893 156,998 2,125,490 2.282,488 5,472,943 I 2,125,490 7,598,433 321,948 Parks 3,543,254 t-- --: ! -~-~---- - -----~.._..- ..----- 3,543,254 5,008,171 12,000 5,020,171 6,369,303 I 12,000 +-- 6,381,303 2,182,122 SWM ------ 4,941,964 i -~._~_._-_._- 5,863,583 - 5,863,583 1,063,567 - 1,063,567 - i 4,941 ,964 .___~85,1~ e-- Transportation~Y_~!El~~ 13,361,508 - 13,361,508 17,403,583 2,032,800 19,436,383 28,390,299 : 2,032,800 I 30,423,099 2,374,792 i - - - - Enterprise Fund: - - - Surface Water Management 1.163,241 - 1,163,241 3,721,574 50,000 3,771,574 3,981,245 50,000 4,031,245 903,570 Dumas Bay Center 439,795 - 439,795 713,770 113,000 826,770 1,141,138 113,000 1,254,138 12,427 - - - Internal Service Funds: - - - Risk Management 4,876,461 I - 4,876,461 681,367 64,000 745,367 656,367 64,000 720,367 4,901,461 Information Systems - 2,455,425 - 2,455,425 2,210,283 151,000 2,361,283 2,175,617 151,000 2,326,617 2,490,091 Support Services 176,366 - 176,366 201,940 6,316 208,256 149,061 12,300 161,361 223,261 Fleet & Equipment 2,536,937 - 2,536,937 1,688,240 541,000 2,229,240 1,431,124 913,625 2,344,749 2,421,429 Buildings & Furnishings 359,496 - 359,496 1,258,131 77,750 1,335,881 704,850 77,750 782,600 912,777 \ [:i[: >iH:~;.li.:i:" .....];;."'2~i .:~~:~ iii$III~:~~~ki~20:: :>":',". :n,. :;':l;,.",Lk'j:': .'.' ii[$ ..... ~; it [:ii~ii $. 44 ."'''AA'''~. $11;1fl1'I;R~7 $, "'i"<I'1'" k:lfinlbienniallordinanc\2007 _08 MidBien Adj a.xls ordinance 0708 11/14/2007 7:58 PM EXHIBIT B (1) 2008 REVISED BUDGET Fund Balance Revenue Expenditures & Other Uses Fund Balance Revised Change in Revised Change In Revenue Change In Expenditure Reservedl Fund Begin sal FB Seg FB Beginning This Adj Adjusted BegBgt Adjustment I Adjusted Unreserved I General Fund $ 2,455,945 $ 1,333,299 ! $ 3,789,244 $ 38,047,350 $ 2,468,050 $ 40,515,400 $ 38,235.369 $ 6,059,270 I $ 44,294,639 $ 10,005 I ------ i ,.- ---- ---- ------ Special Revenue Fund_s: I Street - 100,000 100,000 4,477,818 i 344,470 4,822,288 4,477,818 344,470 4,822,288 100,000 ----- Arterial Street 15,106 - 15,106 2,039,000 - 2,039,000 2,023,894 - 2,023,894 30,212 Utility Tax 1,711,179 - 1,711,179 11,795,069 37,500 11,832,569 11 ,382,540 37,500 I 11,420,040 2,123,708 Solid Waste/Recycling 115,936 3 115,939 380,850 - 380,850 370,060 - 370,060 126,729 Special Contract/Studies - - - - - - - - - - Hotel/Motel Lodging Tax - - i - 187,353 - 187,353 187,353 . - 187,353 - ----! 2% for the Arts - - - - - - - - - - Federal Way Community Center 239,102 - 239,102 2,191,755 - 2,191,755 1,901,761 - 1.901,761 529.096 Grants - CDBG o. - 0 555,470 - 555,470 555,470 - 555,470 0 Paths and Trails 34,319 603 34,922 9,523 - 9,523 - - - 44,445 - - - - - Debt Service Fund 3,133,292 (1,671,208) 1,462,084 4,233,633 500,000 4,733,633 3,476,130 569,700 4,045,830 2,149,887 - - - I -- ~I Project Funds: - - - i -+- ------ ----.-.-".-- --------------..-- Downtown Revitalization - - - 500,000 1,000.000 1,500,000 500,000 I 1,000,000 i 1,500,000 - City Facilities -- _I 321,948 - 321,948 - - - - - 321.948 .- I Parks 2,182,122 - ! 2,182,122 344,000 ! - 344,000 1.511,000 - 1,511,000 1,015,122 ~ - 1,190,000 I 1,985,187 - 1,985,187 - 1,190,000 1.190,000 - 1,190,000 1,985,187 Transportation SysterT1~_ 2,374,793 - 2,374,793 13,275,843 - 13,275,843 15,256,842 - 15,256,842 393,794 ~..- - I - I - - - I Enterprise Fund: - - - , - - Surface Water Management 903,570 - 903,570 3,774,632 (159,030) 3,615,602 4,306,732 i 32,000 4,338,732 180,440 Dumas Bay Center 12,426 - 12,426 728,926 113,000 841,926 741,352 113,000 854,352 - - - - Internal Service Funds: - ! - - Risk Management 4,901,461 I - 4,901,461 689,356 100,000 789,356 664,356 100,000 i 764,356 4,926,461 Information Systems 2,490,091 - 2,490.091 2,082,358 150,908 2,233,266 2,073,860 112,550 i 2,186,410 2,536,947 Support Services 229,245 (5,984) 223,261 194,045 12,300 206,345 140,456 12,300 152,756 276,850 Fleet & Equipment 2,794,053 (372,625)i 2,421,429 1,428,831 494,475 I 1,923,306 883,683 411,844 1,295,527 3,049,208 ---- __._u 524,488 42,750 I 567.238 433,494 42,750 476,244 1.003,771 Buildings & Furnishings 912,777 - 912,777 Grand Total All Funds $ 26,812,5521 $ (615,912) $ 26,196,641 $ 88,650,300 $ 5,104,423 $ 93,754,723 $ 90,312,170 $ 8,835,384 I $ 99,147,554 $ 20,803,810 k:lfinlbienniallordinanc\2007 _08 MidBien Adj a.xls ordinance 0708 11/14/2007 7:58 PM COUNCIL MEETING DATE: November 20,2007 ITEM #: ~ ~. Sc- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2008 Property Tax Levy POLICY QUESTION: Should the City Council adopt the 2008 Property Tax Levy based on the proposed budget? COMMITTEE: NA MEETING DATE: Various CATEGORY: D Consent D City Council Business I:8J Ordinance D Resolution D D Public Hearing Other ~!~.I!:!~~2~!~.x:.!~~1)~'.l:l)g1M'.l:1)'.l:g~:r.:r.:1.~J:1!~~~~~~~P~E~~!9~m ..... mm.... .J?~~!:.M'.l:l)'.l:g~:r.:r.:1.~J:1!~.~EY..~~~~_ ATTACHMENTS: Draft 2008 Property Tax Levy Ordinance SUMMARY/BACKGROUND: The City Council held public hearings on November 6 and November 20 on the proposed 2007/08 mid-biennium budget adjustments and 2008 proposed Property Tax Levy. The 2008 proposed Property Tax Levy is based on the 1 % increase limit plus new constructions. Based on preliminary information from the Kign Coounty Assessor, this would result in a decrease in the tax rate from $1.14 to approximately $1.04 per $1,000 of assessed valuation. ...........................................- ..................................................-...... STAFF RECOMMENDATION: Staff recommends Council approve the attached draft 2008 Property Tax Levy Ordinance. ~ DIRECTOR ApPROVAL: ~ NIA ~.~ (jo ncil CITY MANAGER ApPROVAL: NI A Committee Committee COMMITTEE RECOMMENDATION: NIA PROPOSED COUNCIL MOTION: "I move the proposed ordinance to second reading and approval at the next regular meeting on December 4, 2007. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # JII~/b1 I 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, FIXING THE PROPERTY TAX AMOUNT FOR THE YEAR OF 2008. WHEREAS, the City Council of the City of Federal Way has met and reviewed all revenue sources and examined all anticipated expenses and other obligations for the 2007/08 biennium; and WHEREAS the City Council, in the course of considering the biennium budget, conducted public hearings on November 6,2007, and November 20,2007 for the proposed property tax levy for 2008, and proposed revenues expenditures for the biennium; and WHEREAS the City Council, after hearing and duly considering all relevant evidence and testimony, determined that it is necessary and advisable to authorize an increase in regular property tax levy consistent with the limit factor prescribed by RCW 84.55.0101 to discharge the expected expense and obligations ofthe City; now, therefore, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Levy. There shall be and there is hereby levied against the property in the City of Federal Way, Washington, a municipal regular property tax for the year 2008 for the purposes of paying expenses and discharge obligations of the City in the amount of Nine Million, Three Hundred Dollars ($9,300,000). The levy amount includes (1) an increase in property tax revenue from the previous year of Thirty-four Thousand Five Hundred and Sixty Seven Dollars ($34,567) or point thirty eight percent (0.38%), (2) new construction and improvements to property, (3) any increase in ORD# , PAGE 2 the value of state assessed property, and (4) amounts authorized by law as a result of any annexations that have occurred, as well as applicable refunds already made. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2007. day of CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC ORD# , PAGE 3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ordinance\2007\2008 property tax ORD# , PAGE 4 It, II J a... If' COUNCIL MEETING DATE: November 20, 2007 ITEM #: ~. 5ci CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: EXEMPT CITY ROADS FROM SWM FEE POLICY QUESTION: N/ A CATEGORY: D Consent D City Council Business ~ Ordinance D Resolution o o Public Hearing Other ~_!~~~~~!2~!.!!X:~.\Y~1.?:~~1.?:g,M~p:~g~I!lt.lP.:!~~0.1.~t.l~Pi.!.~~!9.T_ ... ...___....._;t?~~!:_.M':.lP:?:g~I!l~P:!~~0.1.~~~__ ATTACHMENTS: Draft SWM Fee Amendment Ordinance SUMMARy/BACKGROUND: The Ordinance would implement the proposed 2007/2008 budget amendment to eliminate SWM fee for City streets. Currently state routes are exempt from SWM fees. This amendment would allow the same exemption for City streets. STAFF RECOMMENDATION: Staff recommends that Council approve the attached ordinance. CITY MANAGER ApPROVAL: N/A DIRECTOR ApPROVAL: N/A ~~e;;oJ Committee Committee COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "1 move the proposed ordinance to second reading and approval at the next regular meeting on December 4, 2007. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 'I/~/ . I 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE RATE STRUCTURE FOR STORM AND SURFACE WATER UTILITY TO EXEMPT ALL PUBLIC ROADWAYS FROM SURFACE WATER MANAGEMENT FEES. (Amending Ordinance Nos. 90-32, 91-117, 96-277, 02-433, and 06-544.) WHEREAS, RCW 35.67 authorizes the City to establish a Storm Water Utility; and WHEREAS, the City of Federal Way established a Strom and Surface Water Utility by Ordinance 90-32 to adequately support the necessary maintenance, operations, and capital improvement of the surface and storm water management system; and WHEREAS, the Federal Way City council finds it in the best interest of the citizens to increase the Surface Water utility rats to exempt all public roadways from surface water fees effective January 1, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 16, Article Ill, Section 16-123 of Federal Way City Code is hereby amended to read as follows: 16-123 Service area annual service charge. There is hereby imposed upon all developed properties in the service area annual service charges as follows: ORD# , PAGE 1 Class Percentage Rate/Parcel (P) Utility Tax (7.75%) or Acre (A)/Year Residential (R)* NA $79.03 (P) $6.12(P) Very light (VL) o - 10% $79.03 (P) $ 6.12 (P) Light (L)** 10 - 20% $178.98 (A) $ 13.87 (A) Moderate (M)** 20 - 45% $366.41 (A) $ 28.40 (A) Moderately heavy (MH)** 45 - 65% $706.96 (A) $ 54.79 (A) Heavy (H)** 65 - 85% $891.19 (A) $ 69.07 (A) Very heavy (VH)** 85 -100% $1,166.06 (A) $ 90.37 (A) City or county roads NA $261.13NA $20.47NA State highways NA *** NA * Parcel is owned by and is the personal residence of a person or persons determined by the public works director as qualified for a low income senior citizen property tax exemption under RCW 84.36.381, the parcel shall be exempt from the service charge. ** The minimum service charge shall be $ 85.15/parcel/year (utility tax included). The maximum annual service charge for mobile home parks shall be $ 34.40 (utility tax included) times per the number of mobile home spaces. *** The rate charged to the state department of transportation will be determined in accordance with RCW 90.03.525. (Ord. No. 90-32, ~ 6(C), 2-13-90; Ord. No. 91-117, ~ 1, 12-10-91; Ord. No. 96-277, ~ I(C), 12-3-96; Ord. No. 02-433, ~ 1, 11-19-02; 06-544, ~ 12-19-06) Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance ORD# , PAGE 2 or the invalidity ofthe application thereofto any person or circumstance, shall not affect the validity of the remainder ofthe ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Effective Date. This ordinance shall take effect January 1, 2008. PASSED by the City Council of the City of Federal Way this day of , 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC ORD# , PAGE 3 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\ordinance\2007\swm fees exempt roads ORD# , PAGE 4 COUNCIL MEETING DATE: November 20, 2007 ITEM #~ 5e.- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ordinance to amend the name ofthe Federal Way Department of Public Safety to the Federal Way Police Department POLICY QUESTION: Should the City of Federal Way amend the name of Federal Way Department of Public Safety to the Federal Way Police Department? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: Nov. 13,2007 CATEGORY: D Consent D City Council Business IZI Ordinance o Resolution o o Public Hearing Other ~!~!.!...~~~~!...~!.:.....!lE~..!..~....Y.Y.!!~~_~LG.~~~.f~[.!>..9.E_~~_.._..._...__...._.__.._.._....__..__........._..._~~!._~:._~~_t.~~~._~~?~.~~~...._-_.._......_...._...... Attachments: 1. PRHS&PS Memo 2. An Ordinance Renaming the Department of Public Safety to the Police Department, Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for ftrst reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: @m C . ttee ~Cil DIRECTOR ApPROVAL: &v..... 4t$)}W'1 /J.~ ,t)/t~J:J.., Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option-1- OPOSED COUNCIL MOTION: "[ move approval of changing the Departm t of Public Safety to the Police Department. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D' APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -- 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 'I(JaIb? , I CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: SUBJECT: November 13, 2007 Parks, Recreation, Human Services & Public Safety Council Committee Neal J. Beets, City Manager Brian J. Wilson, Chief of Police An Ordinance of the City Council ofthe City of Federal Way, Washington, Amending the Name of the Department Of Public Safety to The Police Department, Amending Chapter 4 Animals. Background The City of Federal Way set up its own Police Department in October of 1996. At that time, they established the name of The Federal Way Department of Public Safety. There has been some confusion over the years with the interpretation of Public Safety. Everyone understands what Police Department stands for; enforcement of Laws; protection of people and property; education on crime prevention and safety; investigation of criminal offenses; and all other features that implement the safety and protection of our citizens. We are respectfully requesting an Amendment of Chapter 2, Article N, Section 2-133 of the Federal Way City Code to amend the name "Federal Way Department of Public Safety" to the "Federal Way Police Department". 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RENAMING THE DEPARTMENT OF PUBLIC SAFETY TO THE POLICE DEPARTMENT, AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 11, PARKS AND RECREATION, AND CHAPTER 15, TRAFFIC AND VEHICLES. (Amending Ordinance Nos 91-82, 95-252, 98-318, 00-376, 00-373, 01-391, 01-393, 01-396, 01-404, 03- 456,04-464) WHEREAS, the City of Federal Way established a Department Of Public Safety which consists of the police department and is commonly referred to as the police department; and WHEREAS, the name 'Department Of Public Safety' has at times been associated with other roles besides policing and thus can lead to confusion; and WHEREAS, in an effort to simplify the name and better describe the department, the City Council is finds it in the best interest of the public to rename the Department Of Public Safety to the Police Department; NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOllOWS SECTION 1. Chapter 2, Article IV, Section 2-133 of the Federal Way City Code shall be amended to read as follows: 2-133 Establishment. There is established a city department known as the Federal Way public s3fety police department ("department"), whose duties and responsibilities shall include the protection of all persons and property located within the geographical boundaries of the city, as now existing or as hereinafter created by annexation or incorporation, and including those areas covered by mutual aid agreements and interlocal agreements which services may include, without limitation, police ORD# , PAGE 1 services, energy services, public safety dispatch information systems, public safety education, enforcement of penal and other code enforcement as may be directed by the city manager. References to a Federal Way department of public safetvor public safety department shall also mean the Federal Way police department. (Ord. No. 95-252, 9 1, 12-5-95) SECTION 2. Chapter 2, Article IV, Section 2-135 of the Federal Way City Code shall be amended to read as follows: 2-135 Appointment of diroctor of publiG safety chief of police. .'\. director of the department ("director") shall be appointed by the city manager. The city manaqer shall appoint a chief ef police. The chief of police ., shall act as the director of the police department and also may be known as the police chief. The position of director chief of police shall be exempt from the civil service system. In addition to the duties of chief of police. the chief of police shall perform such other duties as may be delegated to the director desiqnated from time to time by the city manager, the director shall act as the police chief for the Gity. (Ord. No. 95-252, 9 3, 12-5-95) SECTION 3. Chapter 2, Article IV, Section 2-136 of the Federal Way City Code shall be amended to read as follows: 2-136 Appointment of deputy diroctor{s) of putJlic safety chief of police. One or more deputy directors of the department chiefs of police ("deputy director chiefs") shall be appointed by the director chief of police. The deputy director(s) chiefs shall perform such duties as required by, and be directly accountable to, the director. The position(s) of deputy director chief(s) shall be exempt from the civil service system. (Ord. No. 95-252, 94, 12-5-95; Ord. No. 98-318, 9 1, 7-21-98) SECTION 4. Chapter 2, Article XI, Section 2-336 of the Federal Way City Code shall be amended to read as follows: 2-336 Disposition of confiscated and forfeited firearms. (a) All firearms taken into the custody of the Federal \^!ay department of public safety police department and no longer needed for evidence shall be disposed of as follows: (1) Firearms illegal for any person to possess shall be destroyed. (2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol and Tobacco, and firearms exempt from ORD# , PAGE 2 destruction shall be disposed of in accordance with RCW 9.41.098(c), or hereafter amended. (3) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed, except that such firearms which meet the Federal 'Way departmont of public safety police department's standard for use may be retained and used by the department. (Ord. No. 00-376, 9 1, 11-7-00) SECTION 5. Chapter 11, Article III, Section 11-55 of the Federal Way City Code shall be amended to read as follows: 11-55 Expulsion from parks. (a) In addition to another penalty imposed pursuant to this article, the director or designee may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person: (1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program. (2) Directing ethnic or offensive remarks at another person based on such person's actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director or designee may order the expulsion of any person from any park for a period of seven days to one year if such person: (1) Has been expelled from the park two or more times in any 30-day period. (2) Causes injury to another person. (3) Sells, possesses or uses alcohol or illegal drugs. (4) Possesses or uses any weapon. (5) Commits more than one violation of this article in any 12-consecutive- month period. (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person. (d) The director or designee may forward the written notice of expulsion along with the certified mail receipt to the departmont of public safety police department. (1) The written notice of expulsion shall be a notice of trespass. (2) Any person on city park property, in violation of the written notice of expulsion, will be guilty of trespass. (3) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion. ORD# , PAGE 3 (e) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article and will be subject to the enforcement in FWCC 11-54. (Ord. No. 91- 82, 91(1)(E), 1-8-91; Ord. No. 01-396,92,7-3-01; Ord. No. 01-404, 91,10-2- 01 ) SECTION 6. Chapter 15, Article I, Section 15-12 of the Federal Way City Code shall be amended to read as follows: 15-12 Traffic safety school. (a) Authorized. A traffic safety school is hereby authorized to be administered by the department of public safety police department as a diversion program. (b) Purpose. The purpose of the traffic safety school is to instruct, educate, and inform all enrollees in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances. (c) Fee. The department of public safety police department shall charge a fee to traffic school participants for the purpose of reimbursing some or all of the cost of administering the traffic school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the traffic school shall remit said fee to the management services department in accordance with the procedures established by the department of publio safety police department. (Ord. No. 00-373, 99 1 - 3, 9-5-00) SECTION 7. Chapter 15, Article IV, Section 15-83 of the Federal Way City Code shall be amended to read as follows: 15-83 Parking privileges for disabled persons. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 46.16.381, Special parking privileges for disabled persons - Penalties - Enforcement. (2) RCW 46.61.581. (3) The department of public s3fety police department may appoint volunteers to enforce the parking laws for disabled persons as set forth in RCW 46.16.381(13) as currently written, or amended in the future. (Ord. No. 01-391, 9 7, 6-19-01) SECTION 8. Chapter 15, Article VIII, Section 15-220 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 4 15-220 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorization means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf. Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein. Court means the Federal Way municipal court. Department means the Federal Way department of public safety police department. Director means the director of the Federal Way deportment of public safety police department. DWLS 1 means RCW 46.20.342(1 )(a) or as hereafter amended. DWLS 2 means RCW 46.20.342(1 )(b) or as hereafter amended. DWLS 3 means RCW 46.20.342(1 )(c) or as hereafter amended. Local ordinance means any ordinance or statute enacted by any town, city, municipality or county regardless of what state the ordinance or statute is enacted in. NVOUNo valid operator's license means RCW 46.20.005 or as hereafter amended. Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing and storage of the vehicle. (RCW 46.55.110). Registered tow truck operator means the towing company awarded the contract for performance of impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 15-228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW. (Ord. No. 01-393, 9 1, 6-19-01) SECTION 9. Chapter 15, Article VIII, Section 15-221 of the Federal Way City Code shall be amended to read as follows: 15-221 Impoundment. Whenever the driver of a vehicle is arrested for violation of DWLS 1, DWLS 2, or DWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is subject to impoundment at the discretion of an officer of the department of public safety police department, by an authorized agent of the department, or by a registered tow truck operator acting at the request of an officer or authorized agent of the department. For purposes of this subsection, "arrested" includes, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant RCW 46.64.015, as now or hereafter amended. (Ord. No. 01- 393, 9 1, 6-19-01) ORD# , PAGE 5 SECTION 10. Chapter 15, Article VIII, Section 15-223 of the Federal Way City Code shall be amended to read as follows: 15-223 Notice of impoundment. (a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following: (1) The name of the impounding registered tow truck operator, its address, and telephone number; (2) The location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the department) the vehicle was impounded; (3) Notice that there may be a mandatory period of impoundment under FWCC 15-222 as determined by the municipal court; and (4) A form, approved by the city, which describes the right to and process for vehicle redemption requirements as set forth in FWCC 15-224, and which describes the process of FWCC 15-225 for contesting an impound or the costs of impoundment. (b) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (a) of this section by first class mail to the last known address of the legal and registered owner(s} of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed period of impoundment, as set forth in FWCC 15-222, to ensure payment of the costs of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. (c) The registered tow truck operator or the department of public safety police department, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. ORD# , PAGE 6 (d) If the date on which a notice required by subsection (b) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. (Ord. No. 01-393, 9 1,6-19-01; Ord. No. 03-456,9 1, 12-2-03) SECTION 11. Chapter 15, Article IX, Section 15-246 of the Federal Way City Code shall be amended to read as follows: 15-246 Penalty. (a) Any person violating any provision of this article shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00, exclusive of statutory assessments; provided, that conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses. (b) Scooter safety school. (1) In addition to the other means of enforcement provided in this article, a scooter safety school is hereby authorized to be administered jointly by the dep3rtment of public safety police department and the department of parks, recreation and cultural services as a diversion program available to those who violate the provisions of this chapter for the first time. (2) The purpose of the scooter safety school is to offer those who have violated the provisions of this chapter for the first time instruction, education, and information regarding the proper, lawful, and safe operation of scooters and similar devices, including but not limited to the state motorized foot scooter regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles on roads, streets, and highways under varying conditions and circumstances. (3) The department of public s3fety police department and department of parks, recreation and cultural services shall charge a fee to scooter school participants for the purpose of reimbursing some or all of the cost of administering the scooter school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the scooter school shall remit said fee to the management services department in accordance with the procedures established by the dop3rtmont of public S3fety police department. (Ord. No. 04-464, 9 7, 9-21-04) SECTION 12. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other ORD# , PAGE 7 person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 13. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited .to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 14. Concurrent Leqislation. A currently pending ordinance, Ordinance number _' An Ordinance Clarifying Language, Correcting References, And Correcting Other Inadvertent Errors, amends FWCC 2-336 as does this one; changes made to FWCC 2-336 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. SECTION 15. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD# , PAGE 8 SECTION 16. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,200_. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 9 COUNCIL MEETING DATE: NOVEMBER 20TH, 2007 ITEM #: ~.~ _.__._._.._.._...__.._m_.._...._..._~....._..___..____.._...............__............__......_.._...______...__...._........._._m......_.................._......._..._.__m..................__.....................................__..............._.........._........__.................._....._._....__._.........._....___.._......__m..__._............._.._m_....................__m......_..._..,. $ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Correcting Various Nonsubstantiative Errors In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS NONSUBST ANTIA TIVE ERRORS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Land Userrransportation Committee \ MEETING DATE: Nov. 51\ 2007 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON [8] Ordinance D Resolution D D Public Hearing Other DEPUTY CITY ATTORNEY DEPT: Law Staff is proposing to reorganize and re-codify the current Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number of typographical errors, scrivener's errors, incorrect references, and unclear language that should be corrected. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, non substantiative correction ordinance with 2 appendixes. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: f M.... Committee ;%- -~ Council COMMITTEE RECOMMENDATION: Q(A-I p'-.. / HI move approval of Option _ ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDffiEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # II/XJ!07 COUNCIL MEETING DATE: NOVEMBER 20TH, 2007 ITEM #: k- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Correcting Various Nonsubstantiative Errors In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS NONSUBSTANTaTIVE ERRORS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Finance, Economic Development, and Regional Affairs MEETING DATE: Nov. 6t\ 2007 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON IZI Ordinance D Resolution DEPUTY CITY ATTORNEY o o Public Hearing Other DEPT: Law Staff is proposing to reorganize and re-codify the current Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number of typographical errors, scrivener's errors, incorrect references, and unclear language that should be corrected. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, nonsubstantiative correction ordinance with 2 appendixes. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER ApPROVAL: ~e COMMITTEE RECOMMENDATION: Aprvuve.) Om O'{\./ \ I DIRECTOR ApPROVAL: PM Committee Council Council ~air (i~1{f~ _____ . Committee Member PROPOSED COUNCIL MOTION: "I mo (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # COUNCIL MEETING DATE: NOVEMBER 20TH, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Correcting Various Nonsubstantiative Errors In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS NON SUBSTANTIATIVE ERRORS IN THE FEDERAL WAY CITY CODE? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 13th, 2007 CATEGORY: D Consent D City Council Business I:8J Ordinance D Resolution D D Public Hearing Other ~!~!.!..~!2~!..~X: ~2.~.~~.I.:LS, .!?~~.l!..!X..qI..!X...~!!.9..RNEY ................................~EPT:~~~............. .................._..._....._._................._ Staff is proposing to reorganize and re-codify the current Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number of typographical errors, scrivener's errors, incorrect references, and unclear language that should be corrected. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, nonsubstantiative correction ordinance with 2 appendixes. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. Council DIRECTOR ApPROVAL: ~ Committee fffK Council COMMITTEE RECOMMENDATION: ~. P OPOSED COUNCIL MOTION: "I move approval of Option _ ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~ CITYOF ~ Federal Way STAFF REPORT DATE: TO: OCTOBER 10TH, 2007 CITY COUNCIL MEMBERS PLANNING COMMISSION MEMBERS NEAL BEETS, CITY MANAGER; PAT RICHARSON, CITY ATTORNEY LAURA HATHAWAY, CITY CLERK AARON WALLS, DEPUTY CITY ATTORNEY cc: FROM: SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY CITY CODE AND THE CORRECTION OF NONSUBSTANTIATIVE ERRORS. Staff has researched the feasibility and desirability of a re-codification and republication of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new codification will be based on a decimal system of title, chapter, subchapter and section, with references being to title, chapter, and section. The current system is based on a chapter, article, division, and section nomenclature with references being only to chapter and section. The intent of the reorganization of the Code is to make it more user friendly for both the city staff and the public. The cost of this process will be approximately $7500 arid will take an estimated 2 - 4 months. During the process of reviewing the Federal Way City Code (FWCC) for the purpose of reorganizing and re-codifying, Staff has also located a number of typographical errors, scrivener's errors, incorrect references, and unclear language in various sections that should be corrected prior to the final re-codification. A proposed ordinance sets forth each section needing correction with the proposed corrections. The reorganization will consolidate provisions dealing with boards, commissions, and government personnel and departments into Title 2. The tax and finance chapters will be consolidated. Streets, parks, and public places will be consolidated. Crimes will be consolidated into a public safety and welfare title. Nuisances will be consolidated into a public nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation will be consolidated into one title. Alarms and fireworks will be consolidated with the business title. Building regulations and the fire code will be consolidated. Shoreline management will be divided from SEPA related regulations. Water quality regulations will be consolidated with surface water management. The zoning code will be reorganized and renamed the zoning and development code title. Some sections will be removed from what is currently the zoning chapter. These include administrative regulation dealing with city employees, which will be moved to the government title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water quality regulations will move to surface water management. Although the planning commission generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is actually defined by process VI. Although process VI addresses amendments to the text of the zoning chapter, it also generally covers development regulations throughout the Code, thus the Planning commission's authority will not be affected by the reorganization. Additionally FWCC 22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council authorized items. During this process internal citations will be corrected and made more regular. Subsections and subparagraph will be re-enumerated to one consistent style, that of the RCW's, using the following sequence and style: (1 )(a)(i)(A)(I). Numbering will be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross references will be updated and expanded. Staff is recommending proceeding with a Council resolution to direct the preparation of a draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative errors that have been found. Each proposal will be presented to the planning commission and each council committee. Attached are the proposed ordinance with two appendixes, a proposed resolution, a comparison outline of the old and new Codes, and a full outline of the new Title 2 for illustrative purposes. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON; CLARIFYING LANGUAGE, CORRECTING REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS; AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE II, CHAPTER 4 ARTICLE I, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES II, IV.B, VI, VII, VIII, XI, XIII, XVII, XVIII, >9<1. (Amending Ordinance No's 90-30, 90-43, 91-87,91-90,92-133,92-153,93-170,93-182, 93-193,96-270,97-291,99-333, 99-337,99-341,99-348,99-357,00-375,00-376, 01-399, 02-424, 05-486, 05- 487, 06-515, 06-523, 06-527) WHEREAS, the City of Federal Way is in the process of re-codifying the Federal Way City Code (FWCC) and through this process has found various typographical errors, codification errors, redundant sections, unclear sections, inaccurate references, and other inadvertent errors have been introduced into the code over time; and WHEREAS, none of the changes to the FWCC contained in this Ordinance are intended to create substantiative changes to the law; WHEREAS, in 1997 substantial changes were made to the zoning code including changing the nomenclature of the zoning processes and during this amendment a number of inadvertent referencing errors were introduced; WHEREAS, many sections include errors of syntax and grammar, inconsistencies of format and style, including as follows, FWCC 2-253 inaccurately references a state statute; FWCC 3-3 inaccurately references a FWCC section; FWCC 4-1, in addition to format and grammatical errors, inaccurately references a King County Code section, has redundant references to FWCC ORD# , PAGE 1 sections, and is missing the definition of "vicious" which was inadvertently removed in Ordinance 06-527 and reenacted without reference under Ordinance 06-530 ; FWCC 4-16 is not applicable as it purports to set policy for King County and is duplicative of King County law; FWCC 4-24 inaccurately references a FWCC section, and references King County rather than Federal Way; FWCC 9-156 is redundant with FWCC 4-1; FWCC 9-186 should be clarified and inaccurately references two FWCC sections; FWCC 16-44 inaccurately references process I instead of process III; FWCC 18-51 inaccurately references a FWCC section; FWCC 22-32.2(3) should be clarified in light of FWCC 22-351 and 22-361; FWCC 22-351 and FWCC 22-361 contain surplus language; FWCC 22-353 inaccurately references a FWCC section, and is missing a section required by state law; FWCC 22-354 should be clarified; FWCC 22-355 should be clarified; FWCC 22-361 et. seq. (process II) lacks an application process required by state law; FWCC 22-365 needs reformatting; FWCC 22-367 inaccurately references a FWCC section; FWCC 22-368 inaccurately references a process, and should be clarified; ORD# , PAGE 2 FWCC 22-392 should be clarified and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-396 contains inaccurate, surplus language, and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-397 should be clarified; FWCC 22-406 contains redundant language and needs clarification; FWCC 22-407 is missing a word; FWCC 22-436 should be clarified and has inaccurate language that conflicts with FWCC 22-447; FWCC 22-446 should be clarified and has an inaccurate reference; FWCC 22-447 should be clarified; FWCC 22-449 inaccurately references a FWCC section; FWCC 22-481 is unclear and has an inapplicable section; FWCC 22-638 has an inapplicable section; FWCC 22-947,22-947,22-948,22-950,22-951, and 22-958 should be clarified as to their application and effect; FWCC 22-947 has a redundant reference to state law; FWCC 22-959 is not applicable and has a redundant reference to state law; FWCC 22-981 and FWCC 22-1071 are redundant and need to be merged into FWCC 22-981; FWCC 22-1047 contains an inaccurate reference to a process; FWCC 22-1111 is redundant and needs to be merged with FWCC 22- ORD# , PAGE 3 1112; FWCC 22-1112 has a redundant section; FWCC 22-1131, FWCC 1132, FWCC 1133 and FWCC 1134 are duplicative and need to be merged into FWCC 1133; FWCC 22-1201 should be clarified as to their application and effect; FWCC 22-1563 inaccurately references a FWCC section; FWCC 22-1568 is missing a phrase; FWCC 22-1599 is missing a reference; FWCC 22-1653 inaccurately references a FWCC section; FWCC 2-336 inaccurately references an RCW section and should be clarified; and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to correct errors and clarify its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 2, Article VIII, Section 2-253 of the Federal Way City Code shall be amended to read as follows: 2-253 Definitions. All terms used herein shall, in addition to their ordinary meaning, also be defined according to (1) state statute C~hapter ~69 .50 RCW, (2) city ordinance, or (3) common law, in that order of preference. (Ord. No. 93-182, 34,7-20-93) SECTION 2. Chapter 3, Article II, Section 3-3 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 4 3-3 Service charges for excessive false alarms. (a1) Service charges will be assessed by the city clerk for excessive false alarms during the registration year as follows: Fourth and fifth false alarms: fee set forth in fee resolution. Sixth and additional false alarms: fee set forth in fee resolution. (92,) The city clerk shall notify the alarm user and the alarm business by regular mail of the fourth false alarm, the fine and the consequences of the failure to pay the fine. The city clerk shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in FWCC J-W3- i!. If the service charge has not been received in the city clerk's office within 60 days from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified mail along with a notice of late fee asset forth in fee resolution. If payment is not received within 10 days of the day the notice of late fee was mailed, the police chief may initiate the no response process and enforcement of penalties. (Ord. No. 93-193, ~ 3, 11-9-93) SECTION 3. Chapter 4, Article I, Section 4-1 of the Federal Way City Code shall be amended to read as follows: 4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ~~batemenc..sRaU mean~ the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that a person or a person presumed to be the owner shall comply with this chapter. "Adult car means a cat of either sex, altered or unaltered, that has reached the aqe of six months. "Adult doqn means one of either sex, altered or unaltered, that has reached the aqe of six months. ~~nima/':'6RaU mean~ any living creature except human beings, insects and worms. ~~nimal control authority::' 6RaU mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals. ~~nimal control officer::. 6RaU mean2 any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. ORD# , PAGE 5 ~'Animal rescuer:: means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. ::Cattery~( means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. ^n 3dult C3t is one of either sex, altorod or un31terod, that has reached the 3ge of six months. ::Oangerous dog:: sRaU mean~ any dog that according to the records of the animal control authority: (1) Has inflicted severe injury on a human being without provocation on public or private property,~ (2) Has killed a domestic animal without provocation while off the owner's property,~ 9F (3) Has been previously found to be potentially dangerous, and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals,~ (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner,~ (5) Bites or attacks without provocation after prior notice to the owner,~ or (6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in the future. ::Oirecto~shaU mean~ the director of the county department of health. ::Oomesticated anima/':'shaU mean~ those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. ::Euthanasia':'sRaU mean~ the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. ~(Grooming service:: means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. ::Harboring, keepingL or maintaining a dog or cat':' shaU mean~ performing. any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. ::Hobby cattery ':'means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species providod, however, 3 combination hobby cattery/kennellicense may be issued where the total number of cats and dogs exceeds the number allovled in PNCC 9 186. ORD# , PAGE 6 ::'Hobby kennel::. means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species providod, however, a combination hobby cattery/konnol licenso may be issuod where tho total number of cats and dogs oxcoods the number allowed in FWCC 9 169.1. ::'Juvenile::' means any dog or cat, altered or unaltered, that is under the age of six months. ::'Kennel" shall- mean~ a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is one of eithor sex, altered or unaltered, that has reached the age of six months. ::'Known propensity::"'sRaU mean~ an inclination for behavior that the owner is or should be aware of. ::'Uvestock::"'means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code Section 21.01.510 21A.06.065. ~Owner' shall- mean~ any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. ::,Packs of dogs::' shall consist of means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. ~'Pet shop::"'shall- mean~ any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live animals to the public or to retail outlets. ::,Potentially dangerous dog::"'shall- mean~ a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as defined under any dOQ that meets the definition of potentially danqerous dOQ as defined by RCW 16.08.070. ::'Running at large::"'sRaU mean~ to be off the premises of the owner or custodian and not secured by a leash 15 feet or less. ::'Service animal" means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. ::'Severe injury::"'sRaU mean~ any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. ::'Shelter' sRaU mean~ a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. ORD# , PAGE 7 ::'Specia/ hobby kenne/license::' means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. ::'Under control':'sAaU mean~ the animal is under voice competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. 'Vicious" means the act of or the propensity to do any act endanQerinq the safety of any person, animal, or property: includinQ but not limited to bitinQ a human beinQ, attackinQ human beinQs, or attackinQ domesticated animals without provocation. (Ord. No. 90-30,9 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153,92,11-17-92; Ord. No. 06-527, 9 1, 6-20-06; Ord. No. 06-530, 9 1,8-1-06) SECTION 4. Chapter 4, Article I, Section 4-16 of the Federal Way City Code shall be amended to read as follows: -1 16 Euth~masia rate targets. (a) It shall be the policy of King County that the following maximum euthanasia rate targets are used to measure the progress towards reducing the rates of unwanted, healthy pet cats and dogs destroyed by the animal control authority and/or its designees. The euthanasia rates shall not include animals that are destroyed because they are f-oral, medically or temperamentally unsuitable for adoption of have been released by their owners for O'.4Jner requested euthanasia. The computation of the euthanasia rates shall be based on a population 'A'hich is defined as all of King County, except the city of Seattle. (1) The number of healthy dogs and cats destroyed by King County animal control and its designees exceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons living in the county fDr any given year ending December 31 st; or (2) The number of healthy dogs and cats destroyed by King County animal control or its designees exceeds 5.5 cats per 1,000 persons living in the county and 3.3 dogs per 1,000 persons living in the county for the year ending December 31, 1996;or (3) The number of healthy dogs and cats destroyed by King County animal control or its designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons living in the county for the year ending December 31,2000. (b) The animal control authority shall report annually to the Federal 'Nay city council about the number of unwanted, healthy pets destroyed and vlhat additional measures or programs might be recommended for council approval to reduce the euthanasia rates. (Ord. No. 92 153, S 9, 11 17 92) SECTION 5. Chapter 4, Article I, Section 4-16 of the Federal Way City ORD# , PAGE 8 Code shall be amended to read as follows: 4-24 Mandatory spaying and neutering. (a1) No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to FWCC 9--Wa106. (9~) Guide dog puppies in training and police service dogs are exempted from the provision of this section. (G~) Any dog or cat over the age of six months adopted from an animal shelter in King County Federal Way shall be spayed or neutered before transfer to the owner. (Ord. No. 92-153, S 3,11-17-92) SECTION 6. Chapter 9, Article IV, Section 9-156 of the Federal Way City Code shall be amended to read as follows: 9-156 Definitions. The definitions under Chapter 4, Animals. shall apply throuQhout this Article. The fOllo'lIing words, terms 3nd phrases, 'Nhen used in this 3rticle, shall h3ve the meanings 3scribed to them in this section, except where the context clearly indic3tes 3 different me3ning: Anim31 control 3uthority sh311 me\ln the county ~mimal control division, dep3rtment of gener31 services, 3cting alone or in concert with other municip\llities for enforcement of the 3nimal control hoVS of the county ~md city for the shelter 3nd welf3ro of 3nim3ls. Anim31 control officer sh\lll me\ln 3ny individu31 employed, contr3cted or appointed by the animal control 3uthority for the purpose of aiding in the enf-orcement of this 3rticle or 3ny other la'N or ordin3nce relating to the impoundment of 3nim3ls, and includes 3ny st3te or municipal pe3ce officer, sheriff, constable or other employee whose duties in 'I/hole or in part include 3ssignments which involve the seizure and t3king into custody of any 3nim\l1. Animal rescuer me3ns any indi'lidu31 'Nho routinely obtains an unwanted dog or C3t 3nd who locates v:ithin 90 d3Ys an 3doptive home f-or that spayed or neutered dog or cat; provided, hO'.vever, 3n interim, 3dministrative extension may be granted by the anim31 control authority for 3 m3ximum of six months if a dog or cat is pregn3nt, nursing, or injured and that condition is verified by a veterinarian. C3ttery means a pl3ce where four or more adult cats are kept, whether by o'lmers of the C3tS or by persons providing bcilities and C3re, whether or not for compens3tion, but not including small 3nimal hospital, clinic or pet shop. An adult cat is one of either sex, 31tered or un31tered, th3t has reached the 3ge of six months. Grooming service means 3ny pbce or establishment, public or private, where anim31s 3re b3thed, clipped or combed for the purpose of enh3ncing their aesthetic v31ue 3nd/or he31th 3nd for which 3 f-oe is ch3rged. Hobby cattery means a noncommerci31 cattery at or 3djoining 3 pri..,3te residence 'Nhere four or more adult cats are bred or kept for exhibition for organizod shows ORD# , PAGE 9 or for the enjoyment of the species provided, ho'.vever, 3 combination hobby catterylkennellicense may be issued where the total number of cats and dogs exceeds the number allol/led in FWCC 9 186. Hobby kennel me3ns a noncommercial kennel at or adjoining a private residence ",""here four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, 'AtQrking and/or obedience trbls, or for enjoyment of the species; provided, hmvever, 3 combin3tion hobby c:.lttery!kennellicense may be issued where the tot31 number of C3tS and dogs exceeds the number allo'l.'Od in FWCC 9 169.1. Juvenile means :.lny dog or cat, altered or unaltered, th3t is under the 3ge of six months. Kennel shall mean :.l place 'Nhere four or more adult dogs 3re kept, whether by owners of the dogs or by persons providing f3cilities 3nd C3re 'Nhether or not for compensation, but not including :.l sm311 animal hospital or clinic or pet shop. ^n 3dult dog is one of either sex, altered or unaltered, that h3s reached the age of six months. Livestock means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory anim31s, 3S defined in King County Code Section 21.01.510 21A06.065. O'lIner shall me3n 3ny person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at aloc3tion, shall be presumed to be the owner. Pet shop shall me3n 3ny person, est3blishment, store or dep3rtment of 3ny store that 3cquires live 3nim31s, including birds, reptiles, fmvl 3nd fish, 3nd sells, or offers to sell or rent such live anim31s to the public or to retail outlets. Service 3nimal me3ns any animal, which is trained or being tr3ined to aide 3 person who is blind, he3ring impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal org3nization. Shelter shall mean a f-3cility which is used to house or cont3in stray, homeless, abandoned or unw3nted 3nim31s and which is o'A'ned, oper3ted or maintained by a public body, 3n established hum3ne society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted tn the 'Nelbre, protection 3nd humane treatment of animals. Specbl hobby kennel license means a license issued to pet o'lmers under cortain conditions, who do not meet the requirements for a hobby kennel license, to allo':.' them to retain only those specific dogs 3nd cats then in their possession until such time 3S the doath or tr~msfer of such 3nimals reduces the number they possess to the leg31limit set forth in this chapter. (Ord. No. 90 30, ~ 2(C), (0), (H), (J), (K), (M), (P), (R), 2 13 90; Ord. No. 92 153, ~ 2, 11 17 92) SECTION 7. Chapter 9, Article IV, Section 9-186 of the Federal Way City Code shall be amended to read as follows: 9-186 Hobby kennels and/or hobby cattery. ORD# ,PAGE 10 (al) Limitation on number of dogs and cats allowed. The total number of dogs and cats over six months of age kept by a hobby kennel and/or hobby cattery based on the following guidelines: (.:J..~) Animal size; (~Q) Type and characteristics of the breed; (J~) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum number shall not exceed five where the lot area is less than 35,000 square feet; (49.) The facility specifications/dimensions in which the dogs and cats are to be maintained; (~~) The zoning classification in which the hobby kennel and/or hobby cattery would be maintained. (92,) Limitation on reproduction. The hobby kennel and/or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat. (G~) Limitation on advertising. The hobby kennel and/or hobby cattery shall not have signs, displays or other visual representations not already permitted in the zone. (91) Immunization. Each dog and cat in the hobby kennel and/or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. (e~) License issuance and maintenance. Only when the director is satisfied that the requirements of King County Code Section 11.04.060(C)(1) through (5) have been met, a hobby kennel and/or hobby cattery license may be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel and/or hobby cattery is maintained in such a manner as to: (-i~) Exceed the number of dogs and cats allowed at the hobby kennel and/or hobby cattery by the animal control authority. (~Q) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(1) through (5). (fQ) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of FWCC 9-.:J..e9156, 9 186 through 9--1-00192. (Ord. No. 90-30, ~ 10(8) - (G), 2-13-90; Ord. No. 92-153, ~ 12(8) - (G), 11-17- 92) SECTION 8. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 16-44 Variance procedures. (al) All applications for variances from the foregoing underground requirements shall be processed using process III procedure as set out in FWCC 22-386 et seq., with the exception that all references to "planning department" ORD# ,PAGE 11 contained within FWCC 22-386 et seq. shall be substituted with "public works department," and all references to "planning official" in FWCC 22-386 et seq. shall be substituted with "public works director." The criteria for granting a variance shall be as set out in subsection (b2) of this section. (b2) Underground requirements shall be waived or modified by a variance only if the owner of electrical or communication facilities or the user thereof, or any other affected person can demonstrate that it would be an undue hardship to construct such facilities underground. The term "undue hardship" shall mean either: (+S!) The installation would be technologically unfeasible; or (~Q) The cost of the underground construction outweighs the general welfare consideration in requiring underground construction. (Ord. No. 91-90, 9 6,3-19-91) SECTION 9. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 18-51 Administrative appeals. (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action. The appeal shall be conducted under the provisions of process IV, FWCC 22-431 et seq.; provided, that the notice distribution requirements of FWCC 22-436~(2)(b) shall be replaced with the notice distribution requirements of FWCC 18-49(a) - (f). (b) Appeal procedures shall be conducted under the provisions of WAC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.708.050 and 36.708.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (f) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process IV, FWCC 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the city councilor a judicial appeal, any ORD# ,PAGE 12 certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, 9 1 (20.240.10 - 20.240.70), 2-27-90; Ord. No. 92-133, 9 4, 4- 21-92; Ord. No. 93-185, 91,8-17-93; Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 04- 468,93, 11-16-04) SECTION 10. Chapter 22, Article II, Section 22-32.2 of the Federal Way City Code shall be amended to read as follows: 22-32.2 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites shall be subject to land use review processes as follows: (1) Process I. Improvements and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed any of the following thresholds: {a}. There is no change of use. {b}. There is no reduction in the amount of required landscaping, buffering, open space, or public areas. {c}. There is no material change or reduction in the amount of required parking. {e}. There is no material change in the location of utilities, easements, or pedestrian connections. if}. There is no material change to the approved architectural design. {g}. There is no additional adverse impacts to sensitive areas or significant trees. (2) Process II. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds provided above in FVVCC 22 32.2(a) in subsection 1 shall be processed using process II. (3) Improvements not exempt from SEPA. Improvements and/or additions to an existing developed site that are not exempt from SEP A shall be processed consistent '.\lith the required review process as under process III, unless process IV is indicated by identified in the applicable use zone chart in which case process IV shall be used. (Ord. No. 97-291,93,4-1-97) SECTION 11. Chapter 22, Article IV.B, Section 22-351 of the Federal Way City Code shall be amended to read as follows: 22-351 Generally. Various places of this chapter indicate that certain developments, activities, or uses are permitted only if approved using process I. Under process I, the director of community development services, is authorized to make administrative decisions based on certain criteria as set forth in this article or chapter. Any process I application not categorically exempt from the State Environmental ORD# , PAGE l3 Policy Act, Chapter 43.21 C RCW, shall be reviewed pursuant to the procedural requirements of process III of this chapter. Any appeals of the director's decision under this article may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 97-291. S 3, 4-1-97; Ord.No. 00-375. S 10, 10-3-00) SECTION 12. Chapter 22. Article IV.B. Section 22-353 of the Federal Way City Code shall be amended to read as follows: 22-353 Applications. (al) Who may apply. Any person, personally or through an agent. may make application for a process I land use decision. , (b~) How to apply. The applicant shall file a completed master land use application. Accompanying the application shall be a written response to the decisional criteria as set forth in this chapter for a particular use or activity, and information required by FWCC 22~33. (6~) Fee. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (~) Director authority. The director of community development services may modify the submittal requirements as deemed appropriate. (e~) Routing of application. An application for an administrative decision shall be routed to the director of community development services. The director may route for comment an application to other staff members or departments. (6) Completeness. (a) Within 28 calendar days of receivinq an application. the city must determine whether the application is complete. The city will apply FWCC 22-33 to determine completeness. If the city deems the application to be complete. a letter of completeness must be issued prior to the 28-day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination. the city shall also identify. to the extent known to the city. the other aQencies of local. state. or federal qovernment that may have iurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this paraQraph. (b) Within 14 days after an applicant has submitted the additional information identified by the city as beinq necessary for a complete application. the city shall notify the applicant whether the application is complete or whether additional information is necessary. (c) Additional information. A determination of completeness shall not preclude the city from requestinq additional information or studies. either at the time of the letter of completeness or subsequently. if new information is required or substantial chanQes in the proposed action occur. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 10, 10-3-00) ORD# ,PAGE 14 SECTION 13. Chapter 22, Article IV.B, Section 22-354 of the Federal Way City Code shall be amended to read as follows: 22-354 Notice of administrative decision. The director of community development services shall mail in a timely manner a copy of his or her decision to the applicant~aRd any person who submitted comments on the application, and any person who has requested a copy. No other notice is required. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00- 375, S 10, 10-3-00) SECTION 14. Chapter 22, Article IV.B, Section 22-355 of the Federal Way City Code shall be amended to read as follows: 22-355 Appeals. (a1) Who may appeal. The decision of the director of community development . services may be appealed by the applicant, any person who submitted written comments or information, or any person who has specifically requested a COpy of the decision. The applicant and any person who received notice of the administrative decision under FWCC 22 354 may appeal the administrative decision. (92,) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director of community development services. The letter of appeal must contain: (~2) A statement identifying the decision being appealed, along with a copy of the decision; (2-Q) A statement of the alleged errors in the director's decision, including identification of specific factual findings and conclusions of the director of community development services disputed by the person filing the appeal; and (~~) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6~) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by the city. The appeal will not be accepted unless it is accompanied by the required fee. (~) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using the process for appeals outlined in Article VI, Process III Review - Project Approval, of this chapter. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3, 8-7-01 ) SECTION 15. Chapter 22, Article V, Section 22-361 of the Federal Way City Code shall be amended to read as follows: 22-361 Administration. Various places of this chapter indicate that certain developments, activities or uses are permitted only if approved using process II. This article describes ORD# ,PAGElS process II. In addition, all commercial, office and industrial development applications subject to the provisions of this article, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. Under process II, the director of community development services will make the initial land use decision and the decision on the community design guidelines. Appeals of both decisions will be decided by the hearing examiner after a public hearing. Process II applications are exempt from the procedural requirements set forth in RCW 36.708.060 and 36.708.110 through 36.708.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuantto the procedur~:lI requirements of process III of this chapter. (Ord. No. 90-43, 92(175.10(1 )),2-27-90; Ord. No. 97-291,93,4-1-97) SECTION 16. A new section shall be added to Chapter 22, Article V, of the Federal Way City Code to read as follows: 22-362 Applications. (1) Who may apply. Any person, personally or throuQh an aqent. may make application for a process I land use decision. (2) How to apply. The applicant shall file a completed master land use application. Accompanyinq the application shall be a written response to the decisional criteria as set forth in this chapter for a particular use or activity, and information required by FWCC 22-33. (3) Fee. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (4) Director authority. The director of community development services may modify the submittal requirements as deemed appropriate. (5) Routinq of application. An application for an administrative decision shall be routed to the director of community development services. The director may route for comment an application to other staff members or departments. (6) Completeness. (a) Within 28 calendar days of receivinq an application, the city must determine whether the application is complete. The city will apply FWCC 22-33 to determine completeness. If the city deems the application to be complete, a letter of completeness must be issued prior to the 28-day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city, the other aqencies of local. state, or federal Qovernment that may have iurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this paraQraph. (b) Within 14 days after an applicant has submitted the additional information identified by the city as beinq necessary for a complete application, ORD# ,PAGE 16 the city shall notify the applicant whether the application is complete or whether additional information is necessary. ( c) Additional information. A determination of completeness shall not preclude the city from reQuestinQ additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial chanQes in the proposed action occur. SECTION 17. Chapter 22, Article V, Section 22-365 of the Federal Way City Code shall be amended to read as follows: 22-365 Site plan and community design guidelines approval criteria. (al) Applicability. The director of community development services may approve an application for site plan review and community design guideline review if it is consistent with the following sets of decisional criteria: (b~) Site plan criteria. (-1-9.) It is consistent with the comprehensive plan; (~Q) It is consistent with all applicable provisions of this chapter; (3~) It is consistent with the public health, safety, and welfare; (4Q) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (a~) The proposed access to the subject property is at the optimal location and configuration for access. (6~) Community design guideline decisional criteria. (1) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts; (2) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (3) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director of community development services as being applicable. (Ord. No. 90-43, ~ 2(175.10(4)),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 18. Chapter 22, Article V, Section 22-367 of the Federal Way City Code shall be amended to read as follows: 22-367 Authority. (al) Site plan review conducted under this article will form the basis of any modifications to any permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in FWCC 22-364 and the administrative guidelines, ifany, adopted under FWCC 22-36a6. (b~) The director of community development services shall integrate his or her decision and findings for site plan and community design guideline review into a single decision. A copy of the decision shall be mailed to the applicant, any ORD# ,PAGEl7 person who submitted written comments, or any person who specifically requested a copy of the director's decision. (Ord. No. 90-43,92 (175.10(6), 2-27-90; Ord. No. 97-291, 93,4-1-97) SECTION 19. Chapter 22, Article V, Section 22-368 of the Federal Way City Code shall be amended to read as follows: 22-368 Appeals. The applicant, any person who submitted written comments~ or any person who specifically requested a copy of the decision may appeal the site plan approval or conditions of such approval and/or community design guideline conditions to the city's hearing examiner using the provisions to appeal a decision of the director of community development services ef i!Lprocess Will of this chapter. The 3pplicant, 3ny person who submitted written comments, or 3ny person who specific311y requested 3 copy of the director's decision may appeal a Notwithstandina any contrary provisions of 22-406, the hearing examiner's decision on an appeal under this section is the final decision of the city and may be may be reviewed pursuant to Chapter 36. lOC RCW in the Kina County superior court, except that in cases involving a site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (office park) zone the hearina examiner's decision is not the final decision of the city and such decisions may be appealed to the city council pursuant to FWCC 22-446 through 22-456. Modifications required to bring the proposal into compliance with this chapter or any other applicable laws are not appealable. (Ord. No. 90-43, 9 2(175.10(7), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 20. Chapter 22, Article VI, Section 22-392 of the Federal Way City Code shall be amended to read as follows: 22-392 Notice. (a1) Content. The director of community development services shall~ within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (-i~) The name of the applicant and, if applicable, the project name. {Q} The date of application, the date of the notice of completion for the application, and the date of the notice of application. (~) The street address of the subject property or, if this is not available, a locational description of the location of the property in non:legallanguage. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (3) The citation of tho provision of this chapter describing tho requested docision and to tho extont known by tho city, any othor pormits which are not included in the applic3tion. (4Q) A brief description of the requested decision, includina a citation to the provision of this chapter aoverninq the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To ORD# ,PAGEl8 the extent known by the city, the notice shall include any related permits which are not included in the application. (a.@) A statement of the availability of the official file. (ef) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (7g) A statement that only the applicant, persons who submit written comments to the director of community development servicesLor persons who specifically requests a copy of the original decision may appeal the director's decision. (8h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (9i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations thatwill be used for project mitigation and of consistency as provided in RCW 36.708.040. (b2.) Distribution. Within 14 calendar days of issuing the letter of completeness, the director of community development services shall distribute this notice of application as follows: (-i~) A copy of the notice of application will be published in the official daily newspaper of the city. (~Q) The notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right- of-way providing primary vehicular access to any property that abuts the subject property. (~Q) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (4Q) For projects under this article which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (Ord. No. 90-43, 92(145.30),2-27-90; Ord. No. 97-291,93,4-1-97; Ord. No. 01- 399,93,8-7-01) SECTION 21. Chapter 22, Article VI, Section 22-396 of the Federal Way City Code shall be amended to read as follows: 22-396 Effect of the decision. Upon a decision becominQ final, the applicant may enQaQe in activity based on the decision, provided applicable permits have been approved. Decisions under this section shall become final subject to the following: (1) /\n applicant or other party of record who may bo aggrieved by the decision may appeal tho decision within 1-1 days of the issuance of the docision by the director of community development consistent 'Nith the provisions of F'NCC 22 397 et seq. If a written notice of appeal is received within the appeal ORD# ,PAGEl9 period, the decision shall bo ref-orred to the hearing examiner and shall not become final until the appeal process .is complete and the city issues a final decision. Upon issuance of tho final decision, the applicant may engage in activity based on the docision, provided applicable permits h3VO boen approved. (2) If no appeal is submitted within the 14 calendar day appeal period, the prolimin3ry 3pproval decision shall become final on the first calendar day following the expiration of the appeal period. Upon the decision becoming final, the 3pplic3nt m3Y eng3ge in 3cti'lity b3sod on the decision, provided 3pplicable permits have been approved. (Ord. No. 90-43, 9 2(145.50), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, 9 12, 10-3-00) Editor's note - Ordinance No. 97-291, ~ 3, adopted April 1, 1997, deleted 9 22- 396 and renumbered 9 22-395 to be a new ~ 22-396. Formerly, such section pertained to request for reconsideration and derived from Ord. No. 90-43, 9 2(145.55),2-27-90. SECTION 22. Chapter 22, Article VI, Section 22-397 of the Federal Way City Code shall be amended to read as follows: 22-397 Appeals. (a1) Who may appeal. The decision of the director of community development services related to either the land use approval or the community design guidelines decision may be appealed by any person who is to receive a copy of that decision under FVVCC 22 395.the applicant, any person who submitted written comments or information, or any person who has specifically requested a copy of the decision. (b~) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director of community development services. The letter of appeal must contain: (+Q) A statement identifying the decision being appealed, along with a copy of the decision; (2,Q) A statement of the alleged errors in the director's decision, including identification of specific factual findings and conclusions of the director of community development services disputed by the person filing the appeal; and (J~) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6~) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by the city. The appeal will not be accepted unless it is accompanied by the required fee. (61) Jurisdiction. Appeals from the decision of the director of community development services will be heard by the hearing examiner. (Ord. No. 90-43, ~ 2(145.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 23 Chapter 22, Article VI, Section 22-406 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 20 22-406 Decision on appeal. (a1) !!LGeneral. The hearing examiner shall consider all information and comments within the scope of the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either affirm or change the findings and conclusions of the director of community development services that were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall eitRef affirm, reverse~ or modify the decision being appealed. (b2,) Issuance of written decision. Within 10 working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within five working days after it is issued, the hearing examiner shall distribute the decision as follows: (-1-~) A copy will be mailed to the applicant. (~Q) A copy will be mailed to the person who filed the appeal. (~) A copy will be mailed to each person who participated in the appeal. (4Q) A copy will be mailed to each person that specifically requested it. (~~) A copy will be mailed to the King County assessor. (6~) Effect. The decision by the hearing examiner is the final decision of the city,. except where the proposed project that is the subject of the hearing examiner's decision involves a school (FWCC 22-1 and 22-605), a community recreation area (FWCC 22-1 and 22-607), a government facility (FWCC 22-1 and 22-610), a public utility (FWCC 22-1 and 22-609), or a public park (FWCC 22-1 and 22-611) located in a SE (suburban estates), RS (single-family residential), or RM (multifamily) zone, or 'Nhoro the hearing oxaminor'~ decision involvos 3 public utility (F\^!CC 22 1 ::md 22 609) loc:lted in a BN (neighborhood businoss), Be (community businoss), or OP (office park) zono, in which case the hearing examiner's decision may be appealed to the city council in accordance with the provisions of FWCC 22-446 through 22-456. (Ord. No. 90-43,92(145.105),2-27-90; Ord. No. 97-291,93,4-1-97) SECTION 24. Chapter 22, Article VI, Section 22-407 of the Federal Way City Code shall be amended to read as follows: 22-407 Judicial review. !f. +!he hearing examiner's decision affirming, modifying.1-or reversing the director's decision denying an application under this article is the final decision of the city, the hearing examiner's decision may be reviewed pursuant to G~hapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 90-43,92(145.110),2-27-90; Ord. No. 97-291,93,4-1-97) SECTION 25. Chapter 22, Article VII, Section 22-436 of the Federal Way City Code shall be amended to read as follows: 22-436 Notice. ORD # , PAGE 21 (a1) Contents. The director of community development services shall prepare a-the following notice~ of each application containing tho follo'Ning information: (+2) Notice of application. A notice of application shall contain: a-,.ill The name of the applicant and, if applicable, the project name. illl The date of application, the date of the notice of completion for the application, and the date of the notice of application. lh(iii) The street address of the subject property or, if this is not available, a locational description of the location of the property in non:legal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. c. Tho citation of the provision of this chaptor doscribing the appliod for decision and to tho oxtont knO'.\'n by tho city, any other permits which arc not included in tho application. (€liv) A brief description of the requested decision, includinQ a citation to the provision of this chapter QoverninQ the reQuest, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. e-:{y} A statement of the availability of the official file. Hvi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. g;.(vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. Jt.(viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.708.040. (2!;!) Notice of public hearing. In addition to the information specified in subsections (1 )(a) through (1 )(f) of this section the notice of application, the notice of public hearing shall include the following: a-,.ill The Ggate, time, and place of the public hearing. lhffi.} A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. G;-(iii) A statement that only the applicant, persons who submit written or oral comments to the hearing examiner, or persons who specifically reQuest a copy of the written decision may appeal may appeal the hearing examiner's decision. (bZ.) Distribution. The director of community development services shall distribute these notices as follows: (+2) Notice of application. Within 14 calendar days of issuing the lefter of completeness, the director of community development services shall distribute the notice of application as follows: ORD# , PAGE 22 &ill A copy of the notice of application will be published in a newspaper of general circulation in the city; I:h@ At least three copies of the notice of application will conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (T.(iii) A copy of the notice will be posted on each of the official notification boards of the city and public libraries within the city; €h(iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (~Q) Notice of public hearing. The director of community development services shall distribute the notice of public hearing at least 14 calendar days before the hearing as follows: a-ill A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property; I:h@ A copy will be published in a newspaper of general circulation of the city; G;(iii) A copy will be posted on each of the official notification boards of the city and public libraries within the city. (G~) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (Ef1.) Timing for signs. The public notification sign or signs must be in place within 14 calendar days of issuing the letter of completeness and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 90-43, ~ 2(150.30), 2-27-90; Ord. No. 92-133, ~ 3(150.30), 4-21-92; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 26. Chapter 22, Article VII, Section 22-446 of the Federal Way City Code shall be amended to read as follows: 22-446 Effect of the decision. Upon a decision becominq final, the applicant may enqaqe in activity based on the decision, provided applicable permits have been approved. Decisions undor this section sh311 become final subject to the following: (1) An 3pplic3nt or othor p3rty of record who may be aggriovod by tho decision m3Y 3ppoal the decision 'Nithin 1'1 d3Ys of tho issu3nce of the docision by the director of community development consistent with the proVisions of FVVCC 22 397 ot seq. If a written notice of appeal is received within the appeal ORD# , PAGE 23 period, the decision shall bo reforred to the hoaring examinor and shall not become final until the appeal process is complete and the city issues a final decision. Upon issuanco of the fin31 decision, tho applic3nt may engage in activity basod on tho docision, provided applicable pormits h3vo boen approvod. (2) If no appeal is submitted within the 14 calendar day appeal period, the prelimin3ry approval decision shall become final on the first calendar day following the expiration of the appeal period. Upon the decision bocoming final, tho applicant m3Y engage in activity based on tho decision, provided 3pplicable pormits havo beon 3pprovod. (Ord. No. 90-43, S 2(150.70),2-27-90; Ord. No. 92-133, S 3(150.70), 4-21-92; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 15, 10-3-00) SECTION 27. Chapter 22, Article VII, Section 22-447 of the Federal Way City Code shall be amended to read as follows: 22-447 Appeals. (a1) Who may appeal. The decisions of the hearing examiner may be appealed by any person 'Nho is to receive a copy of that docision undor F\^lCC 22 113. the applicant, persons who submit written or oral comments to the hearinq examiner, or persons who specifically request a copy of the written decision. (b~) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (4-S!) A statement identifying the decision being appealed, along with a copy of the decision; (212) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (d!!) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6~) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. . (4-S!) In addition to the appeal fee, the appellant shall pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour. (212) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (~) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. ORD# ,PAGE 24 (4Q) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a.ill City staff preparation. Hourly cost of preparation. b,.@ Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (91) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. (Ord. No. 90-43, 92(150.80),2-27-90; Ord. No. 92-133,93(150.80),4-21-92; Ord. No. 97-291, 9 3, 4-1-97) SECTION 28. Chapter 22, Article VII, Section 22-449 of the Federal Way City Code shall be amended to read as follows: 22-449 Participation in the appeal. Only those persons entitled to appeal the decision under FWCC 22-446447 may participate in either or both of the following ways: (1) By submitting written comments to the department of community development prior to the hearing or to the city council at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing. Ord. No. 90-43, 9 2(150.90), 2-27-90; Ord. No. 92-133, 93,4-21-92; Ord. No. 97-291, 9 3, 4-1-97) Editor's note - Ordinance No. 97-291,93, adopted April 1 ,1997, deleted 9 22- 449. Formerly, such section pertained to scope of the appeal and derived from Ord. No. 90-43,92(150.95),2-27-90; Ord. No. 92-133, 92,4-21-92. SECTION 29. Chapter 22, Article VIII, Section 22-481 of the Federal Way City Code shall be amended to read as follows: 22-481 Notice. (a1) Content. The director of community development services shall~ within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (+~J The name of the applicant and, if applicable, the project name. {Q} The date of application, the date of the notice of completion for the application, and the date of the notice of application. (~S!) The street address of the subject property or, if this is not available, a locational description of the location of the property in non:legallanguage. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (3) Tho citation of tho provision of this chapter describing the requested ORD# ,PAGE 25 , decision and to the extent knO\'{n by the city, any other permits which are not included in the application. (4Q) A brief description of the requested decision, includinQ a citation to the provision of this chapter QoverninQ the request, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall include any other permits which are not included in the application. (a~) The date, time, and place of the public hearing. (at) A statement of the availability of the official file. (7g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (8) A. statement that only persons '#ho submit comments to tho hearing examiner or specifically request a copy of the original decision may appeal the hearing examiner's decision. (9h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (Wi) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (9,2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (-i~) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (2h) A copy will be published in the newspaper of general circulation in the city. (3f) A copy will be posted on each of the official notification boards of the city. (G~) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development services. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. (91) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, 33,4-1-97; Ord. No. 99-337, 3 2, 3-2-99) SECTION 30. Chapter 22, Article XI, Section 22-638 of the Federal Way City Code shall be amended to read as set forth in Appendix A. ORD# , PAGE 26 SECTION 31. Chapter 22, Article XIII, Section 22-947 of the Federal Way City Code shall be amended to read as follows: 22-947 Air quality regulations contamination as a public nuisance. (3) State rogul3tion. Air quality is regul3ted by the VVashington Cle3n .A.ir Act, Chapter 70.91 RCVV. Any inquiry, complaint or violation reg3rding 3ir qU31ity INiII be referrod to the Puget Sound I\ir Pollution Control Authority. (b) Public nuis3nce. Any emission of air contaminants which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development requlation violation, and a violation of this ch3pter Code. (Ord. No. 90-43, 9 2(115.15), 2-27-90) SECTION 32. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code shall be amended to read as follows: 22-948 Erosion and sedimentation regulation. It is a development requlation violation, and a violation of this ch3pter Code for the owner of the subject property to create, allow or perpetuate conditions on the subject property which cause the erosion or undermining of adjacent property. It is also a development requlation violation, and a violation of this chapter Code the owner of the subject property to create, allow or perpetuate a condition which causes the deposition of sediments or the movement of other geologic materials onto adjacent property. (Ord. No. 90-43, S 2(115.35), 2-27-90) SECTION 33. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code shall be amended to read as follows: 22-950 Glare regulation. Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development requlation violation, and a violation of this chapter Code. (See also FVVCC 22 951 regarding lighting regul3tions.) (See 31so f\NCC 22 951 rog3rding lighting regulations. ) (Ord. No. 90-43, S 2(115.50), 2-27-90) SECTION 34. Chapter 22, Article XIII, Section 22-951 of the Federal Way City Code shall be amended to read as follows: 22-951 Heat regulation. Heat generated by any activity or operation on the subject property which annoys, injures, endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development requlation violation, and a violation of this chapter ORD# , PAGE 27 Code. (Ord. No. 90-43, 9 2(115.55),2-27-90) SECTION 35. Chapter 22, Article XIII, Section 22-958 of the Federal Way City Code shall be amended to read as follows: 22-958 Odor. Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a public nuisance, a development requlation violation. and a violation of this chapter Code.. (Ord. No. 90-43, 92(115.100),2-27-90) SECTION 36. Chapter 22, Article XIII, Section 22-959 of the Federal Way City Code shall be amended to read as follows: 22 959 Radiation. Ionizing radiation is defined and regulated by the state pursuant to Chapter 70.98 RCW. Any complaint, inquiry or violation regarding ionizing radiation within the city will be ref-orred to the state. (Ord. No. 90 43, S 2(115.110), 22790) SECTION 37. Chapter 22, Article XIII, Section 22-981 of the Federal Way City Code shall be amended to read as follows: 22-981 Application of division. This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keeping of animals is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this division and the provisions of Chapter 4. Animals. However, any provision of this division that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, 92(115.20(1)),2-27-90; Ord. No. 02-424, 93,9-17-02) SECTION 38. Chapter 22, Article XIII, Section 22-1071 of the Federal Way City Code shall be amended to read as follows: 22 1071 Domestic animals. FVVCC 22 981 ot soq., regarding animals in residontial zones, shall be tho regulations for kooping animals in residential zonos permitting homo occupations. (Ord. No. 90 13, S 2(115.65(1)), 2 27 90) SECTION 39. Chapter 22, Article XIII, Section 22-1047 of the Federal ORD# ,PAGE 28 Way City Code shall be amended to read as follows: 22-1047 Exceptions. The following are excepted from the height limitations of this chapter: (1) For detached dwelling units: (a.,.) Vents and chimneys may exceed the maximum height limit. (b.,.) Rod, wire, dish and other antennas, other than as specified in subsection (3) of this section, may be placed above the maximum height if approved using process Ii!. The city will approve the application if: 1-.,.ill Views across the subject property are not substantially impaired; and ~@ The antenna must be placed above the roofline in order to function properly. (2) Except as specified in subsections (1) and (2~) of this section: fa.,.) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet, if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage. fb.,.) Appurtenances that do not meet the standards of subsection (2)(a) of this section may be permitted if the director of community development determines that, based on accurate graphic representations provided by the applicant, views from adjacent properties will not be significantly affected. , fc.,.) AflY-appurtenance~, other than chimneys and antennas, must be screened from all streets and nearby properties. See FWCC 22-960 for requirements pertaining to rooftop screening. (3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator may be approved through process III, if the city determines that: fa.,.) The radio tower and antenna structure is placed to minimize its visibility from adjoining properties, while still permitting effective operation; (b.,.) The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and fc.,.) The use of the antenna will not materially interfere with radio and television reception on nearby properties. In making its decision on the application, the city shall take into consideration the strong federal interest in promoting amateur communications and the rules adopted by the Federal Communications Commission regulating such facilities. If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90-43,92(115.60(2)),2-27-90; Ord. No. 00-375, 9 20,10-3-00) SECTION 40. Chapter 22, Article XIII, Section 22-1111 of the Federal Way City Code shall be amended to read as follows: ORD# ,PAGE 29 22-1111 Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90 13, 9 2(115.105(1)), 2 27 90) SECTION 41. Chapter 22, Article XIII, Section 22-1112 ofthe Federal Way City Code shall be amended to read as follows: 22-1112 Residential uses. The purpose of this chapter is to establish standards for outdoor residential uses, storage and activities related to motor vehicles and non motorized vehicles. Those standards are intonded to protect property values by reducing visual blight, aid in omorgoncy accoss and fire safety, guard against the croation of rodent and post harborago, and reduco the impact on the natural environmont from the loaking of motor vehicle fluids. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and non:motorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. Non:motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle or non:motorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, 9 2(115.105(2)), 2-27-90; Ord. No. 99-341, 9 3, 5-4-99) deleting 22-1131 and 22-1132 and merging language into 22-1133 SECTION 42. Chapter 22, Article XIII, Section 22-1131 of the Federal Way City Code shall be amended to read as follows: 22 1131 Scope of division. This division ostablishes '.vhat structures, improvements and activitios may bo in or take place in roquired yards as established for each use in each zone by this chapter. (Ord. No. 90 13, ~ 2(115.115(1)),2 27 90) SECTION 43. Chapter 22, Article XIII, Section 22-1132 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 30 22 1132 Exceptions and limitations in some zones. This chaptor contains specific regulations regarding what may be in or take place in required yards in certain inst~mces. VVhere applicable, those specific regulations repk:lCe any inconsistent provisions of this division. (Ord. No. 90 13,92(115.115(2)),22790) SECTION 44. Chapter 22, Article XIII, Section 22-1133 of the Federal Way City Code shall be amended to read as follows: 22-1133 Structures and improvements. This section establishes what structures and improvements may be in required yards as established for each use in each zone by this chapter. To the extent that specific, conflictinq reQulations for required yards are found elsewhere in this chapter. those requlations control over those found in this section. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22- 1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure, that is not more than 18 inches above finished grade may extend not more than five feet into' a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: (a,,} The rockery or retaining wall is not being used as a direct structural support for a major improvement; and (b,,} The rockeryor retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions of FWCC 22- 1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: (a.,.} The proposed structure is no more than eight feet high above finished grade; ORD# , PAGE 3l (b-;-} The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c-;-} The proposed structure contains no more than 120 square feet in total area; (d-;-} No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e-;-} Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, 9 2(115.115(3)), 2-27-90; Ord. No. 00-375, 9 24, 2000) SECTION 45. Chapter 22, Article XIII, Section 22-1134 of the Federal Way City Code shall be amended to read as follows: 22 1134 Outdoor uses, activities and storage. For regulations on outdoor usos, activities and storage, see FWCC 22 1376 et seq. (Ord. No. 90 '13, S 2(115.115('1)), 22790) SECTION 46. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code shall be amended to read as follows: 22-1201 Oischaraes as pPublic nuisances and violations. In addition to the other requirements of this section, any discharge into water or change in water quality which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property is a public nuisance, a development reQulation violation, and a violation of this ch3pter Code. (Ord. No. 90-43, 9 2(115.150(6)), 2-27-90) SECTION 47. Chapter 22, Article XVII, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: 22-1563 Landscape plan approval. (al) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (9l) Required landscape plans for all projects that are subject to the site pl3n revie'N process 3S sot forth in Article V of this ch3pter process I, II, III, or IV shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, 94,4-20-93) SECTION 48. Chapter 22, Article XVII, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 32 22-1568 Significant trees. (a1) Purpose. Thepurpose of this section is to: (4-9.) Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (~Q) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; (~) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (4Q) Maintain a minimum number of significant trees. (92,) Definition. A significant tree shall be defined as: (4-9.) At least +twelve inches in diameter or at least 37 inches in circumference measured four and one-half feet above ground; aRG (~Q) In good health; and (~Q) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. . ~~'~ rll Fiqnre 10 - SeC. 22-~56~(b) (G~) Standards. (4-9.) Retention required. Significant trees shall be retained on the subject proporty to the maximum extent possible in all residential, commercial, industrial, or institutional developments as follows: a- ill.Jf the approved development on the subject property will require the removal of more than 75 percent of the significant trees on the subject property, significant trees shall be replaced in amount equal to 25 percent of the significant trees which existed on the subject property prior to commencing any development activity. ~ illLAII significant trees located within any required perimeter landscaping area shall be retained, provided that this requirement shall not apply to commercial zoning districts. &: ffilLSignificant trees required to be retained within on-site sensitive areas can be used toward satisfying the 25 percent on-site significant tree retention regulations. ORD# , PAGE 33 4lliLAII significant trees located within required on-site recreation or open spaces shall be retained, provided they do not conflict with on-site active recreation areas. 8;- MJhe significant tree retention requirements of this chapter shall not apply to the city center zoning district. f,. Ml There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. fr=- !YliL Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one-half-inch caliper for deciduous or broadleaf trees. Example: 100 on-site significant trees requires 25 to be retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size requirements mentioned above. (2-h) The applicant shall submit a tree retention plan concurrent with the first permit application for that development. The tree retention plan shall consist of the following: &- fiLA tree surveyor cluster survey that identifies the location, size, number and species of all significant trees on the site. &:- ffiLA development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (J~) Each retained significant tree not located within perimeter landscaping may be credited as two trees for purposes of complying with the retention requirements of subsection (c)(1 )3(3)(a)(1 ), provided the tree meets at least one of the following criteria: &- ilL The tree is located in a grouping of at least five trees with canopies that touch or overlap; or &:- illL The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or {T. illiL The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (49.) Where it is not feasible to retain required significant trees due to site constraints including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the precise location of all significant trees on the site, in relation to the proposed buildings, streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director of community development shall review the plan in relation to the proposed development to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes of this chapter. (~~) When required significant trees cannot be retained (see subsection (f) of this section), significant trees that are removed shall be replaced with: &- lll. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of significant tree in all manner except size, and ORD# , PAGE 34 approved by the community development director, based upon the director's assessment of the location of the tree in relation to the proposed site development; or lh (liLNew evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a minimum three-inch caliper. The number of replacement trees, combined with the number of retained significant trees, shall equal 25 percent of the amount of on-site significant trees which existed prior to development. (eD The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: a:- fiLNo clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal Way; . lh illl.A no disturbance area, which shall be defined to be to the drip line of the significant tree, shall be identified during the construction stage with either: -1-,.(A) A temporary five-foot chain link fence. 6@A line of five-foot high, orange-colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible surveyor's ribbon; 6:- (iliLNo impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; €h llYLlf the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells; Eh!Y.L The grade level shall not be lowered within the larger of the two areas defined as follows: -1-,.(AHhe drip line of the tree(s); or 6@ An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; h 1YiLAlternative protection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; ~ fyj1LEncroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, ~ 4, 4-20-93) SECTION 49. Chapter 22, Article XVIII, Section 22-1599 of the Federal Way City Code shall be amended to read as set forth in Appendix B. SECTION.50. Chapter 22, Article XX, Section 22-1653 of the Federal Way City Code shall be amended to read as follows: 22-1653 Exceptions. ORD# ,PAGE 35 The following actions are exempt from the provisions of this article: (1) Development proposals and permits listed in FWCC 22-31 m(b) and (c). Preapplication conferences for such proposals and permits are optional. Optional preapplication conferences will be scheduled by the director on a time-available basis. (2) Projects that are granted a written waiver by the director of community development services based on the following procedure: {a.,.} The applicant submits a written request to the director of community development services for a waiver from the requirement to undergo a preapplication conference based on one or more of the following criteria: -i.,.Jll The simple nature of the proposal; ;b.1li.} The project would be severely impacted by the preapplication process due to time or financial constraints outside the control of the applicant; d.,. (iii) The site has previously undergone preapplication, site plan or other land use review for the same or similar development proposal and it is unlikely further preapplication review will provide any benefit to the city or applicant; 4.,.Jjy) The director determines preapplication review is not in the best interest of the city or applicant. {b.,.} The applicant is advised in writing that waiver of preapplication review increases the risk of the application being incomplete or that the processing time will be increased. ^ preapplic3tion conforenco for 3ny development propos31 or permit listed in FVVCC 22 31 (b) 3nd (c) of this section is option3\. Option31 preapplic3tion conferences will be scheduled by the director on a time 3vailable basis. (Ord. No. 97-291, S 3,4-1-97) SECTION 51. Chapter 2, Article IV, Section 2-336 of the Federal Way City Code shall be amended to read as follows: 2-336 Disposition of confiscated and forfeited firearms. W All firearms taken into the custody of the Feder31 'Nay deportment of public safety police department and no longer not needed for evidence shall be disposed of as follows: (1) Firearms illegal for any person to possess shall be destroyed. (2) If subsection (1) does not apply, the police department may seek iudicial forfeiture under RCW 9.41.098, or the department may comply with the provisions of RCW 63.32.010 and either return the firearm to its owner or forfeit the firearm if it is unclaimed. Antique firearms 3nd firearms recognized 3S curios, relics, and firearms of p3rticular historic31 signific3nce by the United States Tre3sury Deportment Bure3u of Alcohol and Tob3cco, and firearms exempt from destruction sh311 be disposed of in accordance with RC'.^J 9."11.098(c), or here3fter 3mended. (3) Except as provided in subsection (4) A211 etAef firearms that are judicially forfeited or forfeited due to 3 f3ilure to make 3 claim under RC'.^l 63.32.010 under subsection (2) shall be destroyed, except that wffi firearms ORD# , PAGE 36 which meet the Feder~lI 'Nay department of public safety police department's standard for use may be retained and used by the department. (Ord. No. 00-376, 9 1, 11-7-00) (4) Any forfeited antique firearms or firearms recoqnized as curios. relics, and firearms of particular historical siqnificance by the United States treasury department bureau of alcohol. tobacco, firearms and explosives, are exempt from destruction shall be disposed of by auction or trade to licensed dealers. (Ord. No. 00-376, 91,11-7-00) SECTION 52. Findinqs. Specifically as to sections that amend sections of Chapter 22, Zoning, the City Council finds (1) the proposed amendments are consistent with the applicable provisions of the comprehensive plan; (2) the proposed amendments bear a substantial relation to public health, safety, or welfare; and (3) the proposed amendments are in the best interest of the residents of the city. SECTION 53. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 54. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction ORD# , PAGE 37 of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 55. Concurrent Leqislation. A currently pending ordinance, Ordinance number _, An Ordinance Providing An Exception To Animal Regulations For Police Dogs, amends FWCC 4-1 as does this one; changes made to FWCC 4-1 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. Another currently pending ordinance, Ordinance number _' An Ordinance Amending The Name Of The Department Of Public Safety To The Police Department, amendsFWCC 2-336 as does this one; changes made to FWCC 2-336 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. SECTION 56. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD# , PAGE 38 SECTION 57, Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,200_, CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ORD# , PAGE 39 APPENDIX A 22-638 Day Care facilities - Up to 50 attendees. . . - - ..--...,.., -- ------ ~ - ~---- ..- ... -...- -...............- ...-............. 1 .............--.........-... ,...""..... ...............- ........... __.. ....... ............ ....-O...............-...AJJ ..........~ ......_.._... oJ""'.. ...v..........I...I.... .............. .................v....... USE ZONE CHART rI'J. DIRECTIONS: FIRST, read down to find use. .. THEN, across for REGULATIONS ~ !: Minimums Maximums -< ~ Reauired Yards '" ZONE .... ., .," ;;J g ,...., e ~ RS ~ .. ,.c p.. = "O~., ... ., 'o~ 'OCJ'l .~ ~.~ ! ~.E a ,~~ g..> ~ ~ ~ ~ ~ .~ g &~ 4.) 4) 0 "'" ._ Q) 0 U J:: I1.J ~ USE ~~ .J (J., CJ'l ~ .J ::tCJ'l O::~ SPECIAL REGULATIONS AND NOTES Day care Process As If tilis eeR 75% 30 ft. I. Minimum lot size per dwelling unit is as follows: facilities IV estab- eeea_aeate $0 ar above a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. for 13 to 50 lished lTlore etteReees, tileR: average b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. attendees on the ~I~I~ building c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. zoning Otilerv.<ise: elevation d. In RS 7.2 zones, the minimum lot size .is 7,200 sq. ft. map. 20 ft. 20 ft. 20 ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. See 2. This use may locate on the subject property only if it will not be detrimental to the character of the neighborhood in which it is note I located and: a. It will serve the immediate area in which it is located; or b. The subject property is adjacent to a collector or arterial right-of-way. 3. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for each child using the area at anyone time. This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas may not be in required yards. 4. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residential uses. 5. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature of existing street improvements. 6. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. 7. If any portion ofa structure on the subject property is within 100 ft. ofa low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 8. May include accessory living facilities for one staff person. 9. This use must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. 10. Refer to ~ 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. II. Refer to Article XVII, Landscaping, for appropriate requirements. 12. For sign requirements that apply to the project, see Article XVIII. 13. For community design guidelines that apply to the project, see Article XIX. I L For other infonnation about parking and parking areas, see ~ 22.1376 et seq. Process I, ll, III and IV are described in ~~ 22.351 - 22-356, 22.361 - 22-370 22-386 - 22-411, For details of what may exceed this height limit, see ~ 22-1046 et seq. 22-431 - 22-460, respectively. For details regarding required yards, see ~ 22-1131 et seQ. (Ord. No. 90-43, * 2(20.40), 2.27.90; Ord. No. 91-87, ~ 7, 2.5-91; Ord. No. 93-170, * 7(Exh. B), 4-20-93; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 99-333, ~ 3,1-19-99) ClDOCUME-1 IDefauh\LOCALS-1 \TempIXPgrpwiselAppendix A 22-638.doc APPENDIX B 22-1599 Permits. (aD Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (64) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22-335. (62.) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to ensure compliance with this Code. (eJ) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (EI1) Permit exceptions. (+~) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (~h) Exempt signs. A sign permit is not required for the following signs or modifications to signs; pro'/ided, however, that such signs shall comply with all of the following described requirements: a{ll Address identification with numbers and letters not more than 10 inches in height. lr.{.ill Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. e{ili} Barber poles. d{!y} Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and lO feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e{y} Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. Hvi) Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. g{yill Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. Mviii) Gravestones or other memorial displays associated with cemeteries or mausoleums. i,.fu} Historical site plaques and signs integral to an historic building or site. ~W Holiday decorations displayed in conjunction with recognized holidays. ~ Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. h(xii) Instructional signs that do not exceed six square feet in area per sign face. ~ Integral design features when such features are an essential part of the architecture of.a building (including religious symbols) and when such features do not represent a product service, or registered trademark. ~ Integral signs when no more than one per building. ~ Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. {Mxvi) Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q{xvii) Nameplates not to exceed two square feet per sign face. r.{xviii) Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. ~xix) Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division 8 of this chapter. t,{xx) Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. ti;(xxi) Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v,(xxii) Private notice signs. w,{xxiii) Real estate signs. h(tJ Off-site. The number of off-site real estate signs shall be limited to to per property per agent; provided, however, that there shall be a minimum separation of200 lineal feet between such signs, except that signs may be placed less than 200 feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. ~ili1 On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. ~xxiv) Temporary business signs for temporary business defined by FWCC 9-386; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. y,{xxv) Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. ~,.(xxvi) Warning signs. aa,{xxvii) Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. btr.(xxviii) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e~ Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be issued unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs - Permit Required." (t!!) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones - Permit Required." Signs for government facilities in nonresidential zones must comply with the requirements ofFWCC 22-l601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (gl) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Permit Required." (h~) Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from permit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a notice of determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (4:2) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. Table 1 Allowances for Temporary and Special Signs - Permit Required r Sign Applicable I Sign Type Maximum Maximum Maximum urpose/ Zones i^llowed Number :sign Area Height Location Remarks . Description I Civic ev~nt All Wall- Handled Off-site Five feet On site 30 days lOr commumty . ounted ~n a case-by- igns, except wall- and off site prior to the ~~:;~r:~~~t-"l . I i r-- I I I I Civic event r community ervice event permanent) Special salel romotional - I_ve~t (e.g., ~mversary fale, etc.) I Grand openings I Mural ~isplay I All Non- esidential omng rm'~ Scoreboards j (athletic All lfields) ., ...-......,---. .m c-.-. _.............. fxcluding wall- ~Ilounted signs I mounted I ~anners, may 'I !be no larger . ~han six square ~eet per face. iOn-site signs ~nd wall- !mounted ~anners may be o larger than 2 square feet er face The total ign area of reestanding onument igns shall not xceed 64 quare feet for he total of all faces and no ne face shall xceed 32 quare feet. all signs hall not xceed seven ercent of the xposed uilding face to hich it is ttached -- ~a~~~~s:" .. [case basis remporary rtable signs, inflatable dvertising evices, search lights and eacons Freestanding onument or all sign I I I I I 1- One per ite ~ Handled Banners only n a case-by- i ase basIS . , I i Banners, emporary ortable signs, 'nflatable dvertising evices, search lights and eacons Handled on case-by-case as is Handled Handled on on a case-by- case-by-case ase basis aslS Handled Painted mural n a case-by- I ase basis , I ..-. ~ Handled ~ Handled on n a. . cas~.-bY. - c~e-by-case ase basIS aSls Electronic hangeable essage sign Handled on case-by-case asis Monument igns: six feet. reestanding igns: 12 feet. all signs shall not roject above he roofline --l::~:e - iwithin five ays of the lose of the vent Non- esidential Electronic hangeable essage signs 1I0wed. igns cannot ontain ommercial essages Special romotions: o days total er calendar ear. No ore than four events er year. oes not include indow signs Grand penings: 30 ays. Event ust occur ithin 60 ays of ccupancy anners Handled on ust be case-by-case ached to aSls L-n exposed ibuilding face Table 2 Sign Allowances for Residential Zones - Permit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) ! I Land Use !Institutional I · Govt. I facility I · Public park I · Public . utility · School ecreation SE, RS, · Golf course . Recreation area or clubhouse . Sports field - Private, non- commercial iApplicable Sign Typ;j Maximum~M :--. S' A :fMaximum----r--jJ L -to -IR ks ! I Z All diN b aXlmum Ign rea H . ht oca Ion I' emar i one owe um er elg E, RS, !Canopy ne sign for lThe tot';l sign area of all and !subject Internally ~ign ach public onurnent signs shall anopy signs: I roperty: illuminated signs !Monument ntrance ot exceed 64 square annot project etback are not allowed; i kign roviding feet for the total of all bove the Ive-foot rovided, however, i jPedestal irect vehicle aces and no one face oofline. hat electronic I ~ign ccess hall exceed 32 square onument hangeable /Wall sign feet. Wall signs and igns: six feet. essage signs and anopy signs shall not edestal sign: hangeable copy I xceed seven percent of 12 feet igns are allowed. he exposed building ity may impose I J' ace to which it is ditional ttached imitations on signs o be compatible I ith nearby esidential are~ ntemally .lluminated signs e not allowed; rovided, however, hat the electronic hangeable essage signs and hangeable copy igns are allowed. ity may impose ditional limitations on signs o be compatible 'th nearby esidential areas ommercial essages not allowed. Internally illuminated or lectrical signs not llowed e total sign area of onurnent signs shall ot exceed 64 square esidential welling units SE,RS, wo square feet ubdivision SE, RS, odentification wo signs per entrance otaling no more than 50 square feet. No one ign may be more than 2 square feet ommercial essages not Ilowedo Internally illuminated or lectrical signs not llowed. Signs may e included as part f a fence or other chitectural feature ommercial essages not llowed. Internally illuminated or lectrical signs not llowed. I I -.-=:J ottage wo signs per entrance otaling no more than 50 sq. ft. No one sign ray be more than 32 I q. ft. ffwo signs p;;;'-~ntrance ommercial ------1 all or canopy signs ay not exceed seven ercent ofthe exposed uilding face to which he sign is attached to a aximum of 50 square . feet. The total sign area or monument signs ay not exceed 20 quare feet per sign face. A day care or pre- chool that is part of a hurch or synagogue y add 20 square feet er face to an existing onument sign sociated with the I --- --t hurch or synagogue I hurch, ~ RS, anopy e total sign area of all and Subject Electronic ynagogue, or \RM ign ach street onument signs shall anopy signs: roperty: hangeable __ th~J~~~~~_J_._._._._ ___~~um.~~ontage~_~~~~~~~~~c:I.~~_~~~~~___~~~~~! proj~~". e~~~~_~~".__~~~~"~~~gns and r:-'-~~n'~'~~~-..'-IAPt~~~b'~ls~~~~::~-I.-~}~~~~._.J-~a~~:~:..~i~-~.._~-~::.I....-'M~~::~~--r~~~:~;~~-l--'--.." Re::~-~~. --- -I iou,~g~-rO:M-ii~~~~r,:~tre 1~~~f~~r?Itf~"~~"~~::-1 I I I IZero Lot Line I' RS onument ITownhouse !Development 1 I I i I wo signs per entrance otaling no more than 50 sq. ft. No one sign ay be more than 32 sq. ft. onunercial essages not I 1I0wed. Internally I illuminated or lectrical signs not 1I0wed. 2 square feet per ntrance. Wall signs nd canopy signs shall ot exceed seven rcent of the exposed uilding face to a aximum of 100 uare feet 2 square feet per ntrance. Wall signs and canopy signs shall ot exceed seven rcent of the exposed uilding face to a aximum of 100 uare feet onunercial essages not Ilowed. Internally 'Iluminated or lectrical signs not Howed onunercial essages not Howed. Phone umbers are ennitted on waH- ounted signs en not facing other residential use. Internally illuminated or lectrical signs not Ilowed nique Cemetery SE,RS I I ro-;-y car~~~~~: ~hOOI' xcluding lass n home ccupations E, RS, Electronic hangeable essage signs and hangeable copy igns are allowed. ity may impose ditional limitations on signs o be compatible 'th nearby esidential areas Land Use iAPzPlicablefSAig,nl TYPd~..I-MNa~i~b.'um i M~~i~::~~gn Area I MHax~mhumr~ocation II Remarks i i one I owe! urn er ! l elg t ! I \"-...--.---.-.'.--.-----. t---.--=--.....:--...-'''.'''---....r-..........-.-.---...-.'.'....'-,,~.. ....~._--..,---_.__......._.._.,.-l---..-.-.._----"-~,._'._~",._.__.,.., ""'-'-~'l ,....--....----.,-" '.-.-.-....--.-T'..--.--..........----"'-.....".__._._n.~--_.._----l lsign =rovldmg ifeet for the total of all labove the lfive-foot !changeable copy i 'Wall sign irect vehicle lfaces and no one face ~oofline. [minimum 6igns are allowed. I ccess Ishall exceed 32 square fonument i !city may impose I I !feet. Wall signs and igns: five feetjl ~dditional i ~anopy signs shall not ~imitations on signs I !exceed seven percent of lobe compatible , ~~~~~;I~mg I ~I I ::,~;.~".., .. J (Ord. No. 99-348, ~ 5, 9-7-99; Ord. No. 99-357, ~ 5, 12-7-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 05- 487, ~ 3,4-19-05) i L_"_........__.... )worship i i i I , I I j COUNCIL MEETING DATE: December 4, 2007 .................................-......-....................--............-....... .......................... ,_.. .................................................................................................................... .... ...... .......... .. . .................................. ITEM #: 5~. ..........................................................~_.. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Resolution adopting 2008 Fee Schedule and repealing previous Resolution No. 06-490. POLICY QUESTION: N/ A COMMITTEE: N/ A MEETING DATE: NA CATEGORY: !XI Consent o City Council Business o Ordinance r8J Resolution D D Public Hearing Other ~.!.:'.\~~_l.!~~g~!~:x.:....!~~-n.:~!:l:!1.g~A~~i~!!:l:!!!.gi!yM~P:~gt;!! !?F.:.~!~M.~!!<:':gt;!~t;!!!!~t;!~~~~~.__._.._ ATTACHMENTS: Resolution and 2008 Fee Schedule SUMMARy/BACKGROUND: To implement the annual inflationary adjustment for all development fees including building, zoning, land use, public works permit, inspection, and other development related services as provided by Resolution 98-281 and amended thereafter by resolution number 06-490; and to implement 2008 School Impact Fee pursuant to the Federal Way School District's 2008 Capital Facilities Plan upon approval p)'...g~.~l!.~~.1..~!.!!~!?~~.~~l?<;:~J?'.~QQ?!.<;:g~1.~~~~<;:!~P:g.~mm................. ................-.....-...... STAFF RECOMMENDATION: Staff recommends that ouncil approve the attached ordinance. CITY MANAGER ApPROVAL: N/ A Committee DIRECTOR ApPROVAL: N/ A .4,/nrt:tJ Committee (!touncil COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the approval of proposed resolution and fee schedule subject to Council final action on 2008 School Impact Fee on December 18, 2007. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADOPTING A FEE SCHEDULE FOR 2008 AND REPEALING THE FEE SCHEDULE ADOPTED IN RESOLUTION NO. 06-490. WHEREAS, the City is authorized under RCW 35A.11.020. 35A.63J 00(2), and RCW 19.27.040 to require licenses for the conduct of business, permits for the construction of structures and improvements, and to impose fees to recoup the costs of processing and/or providing services; and WHEREAS, the Federal Way City Code establishes the basis for the assessment and/or collection of such license, permit fees, and service charges; and WHEREAS, the City Council deemed it is advisable and necessary to provide gradual annual increases in Land Use, Mechanical, Plumbing, Public Works, Electrical, and Building permits and establish the mid-year Consumer Price Index for All Clerical Workers (CPI-W) for the Seattle- Everett-Bremerton area as the basis for such adjustments in Resolutions 98-281,01-351,02-377, 03-406, 04-435, 05-462, and 06-490. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. The Fee Schedule attached as Exhibit A to the City of Federal Way Resolution No. 06-490, is hereby repealed effective December 31, 2007. Section 2. Fee Schedule. The City of Federal Way hereby adopts the 2008 Fee Schedule as attached hereto, identified as Exhibit A and hereby incorporated in full by this reference, for the various licenses, permit processes, and other business activities of the City. RES # , Page 1 Section 3. Annual Inflationary Fee Adjustment. Unless otherwise specified, all development services and permit fees under the Land Use, Mechanical Code, Plumbing Permit, Public Works, Electrical Code and Uniform Building Code, shall continue to be adjusted automatically each year thereafter in accordance to the percentage of inflation measured by the mid-year CPI- W for the Seattle-Everett-Bremerton area. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 7. Effective Date. The fee schedule adopted by this resolution shall be effective January 1,2008. An act consistent with the authority and prior to the effective date ofthe resolution is hereby ratified and affirmed Section 8. Savings Clause. Resolution No. 06-490, a portion of which is repealed by this resolution, shall remain in full force and effect until the effective date of this Resolution and shall remain in full force and effect in the event this resolution is invalidated in its entirety. RES # , Page 2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: k:\fin\0708 budget\mid-bien adj\08 fee schedule. doc RES # , Page 3 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007 2008 2008 TYPE OF FEE Base Fee Bas'? Fee Pursuant to King County Fee Schedule SECTION ONE. ANIMAL LICENSES. SECTION TWO. ADULT ENTERTAINMENT. Operator License (in addition to business license)" ....... ................................................................ .................... ~..................... Manager or Entertainer License ............................ .......................mm.............nm...... ........................ ~.................. " If the original application for license is made subsequent to June 3D, the license fee for the remainder of that year shall be one.half of the annual license fee. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8.30 days past due ................................ ... .......... .......................... .............................. ................. 31 - 60 days past due................ ........... .... . .................................................... . . ........... ...... 61 and over days past due........................... .. ...................................................... ........ ........ ........... -2a% .................... -W%.................... 400%.................... $525.00 $75.00 25% 50% 100% SECTION THREE. BUSINESS REGISTRATION. General Business License: New Business. all categories unless otherwise identified herein ....................................... Business Renewal.................. .......... ... .... ............................................................... Duplicate Registration (replacement)....... ........................................................... ~.................... $W,OO- ................... $4&.00- .................... Gambling: Business Establishments Authorized by the State Gambling Commission to Operate Social Card Games and/or expanded card room activities: New Business. Expansion. or Change of Ownership ..... ............................ ....................... ..... Renewal...................................... ................................................................................ ~.................... W&.OO- .................... Restaurants & Taverns: Restaurants per RCW 66.24.400 and Tavems per RCW 66.24.330 authorized to sell spirits. beer. and wine or beer and wine only. by the drink for on-premises consumption with less than 50% in dedicated dining areas: New Business. Expansion. or Change of Ownership............................................................... Renewal...................................................... .............................................................. ~.................... $W,OO- .................... Adult Entertainment Establishments: New Business. Expansion. or Change of Ownership.. ..... .......................................... ....... Renewal.................................................. ............................................................... ~.................... W&.OO- .................... Late Penalty: Failure to pay any registration fee due within thirty (30) days after the day it is due shall result in a penalty of 5% on the amount of the regisbation fee but not less than $5. and an additional penalty of 5% or $5 whichever is higher for each succeeding month of delinquency or part thereof. not to exceed 25% of the registration fee or $25 dollars. $75.00 $50.00 $15.00 $525.00 $125.00 $525.00 $50.00 $525.00 $125.00 Building Code: SECTION FOUR. CONSTRUCTION PERMITS Based on Total Valuation as follows: $1 to $500................................................. ~ For each additional $100 or fraction thereof up to and including $2.000:................ .............. ............ ........ .. .. For each additional $1.000 or fraction thereof up to and including $25.000:................................................. $4-,aO- $34. Plus ~ $1()(l.5. Plus ~ $101.5. Plus For each additional $1.000 or fraction thereof up to and including $50.000........................................................................................... For each additional $1.000 or fraction thereof up to and including $100.000.............. ..... .................. ..... ..... ...... $-14.00- $573. Plus $519. Plus $899. Plus $1399, Plus $1599, Plus $W.OO- $935.5. Plus For each additional $1.000 or fraction thereof up to and including $500.000................................................................................... For each additional $1.000 or fraction thereof up to and including $1,000,000................. ........ .. ...... .... ..... .. ..... ........ ..... ............... ................. .... For each additional $1.000 or fraction thereof over $1,000.000................................................... . $&00- $1435.5. Plus ~ $4635.5. Plus $7819. Plus ~ $8135.5, Plus Other Inspections and Fees. Per Hour (1): 1 Inspections outside of normal business hours (min. 2 hours)....... .......................... .............. 2 Reinspection fees ......................... ........... ....... .......... ................................ ..... 3 Inspections for which no fee is specifically indicated (min. 1/2 hour).............................. 4 Additional plan review required by changes. additions or revisions to plans.................... 5 For use of outside consultants for plan checking and inspections. or both.............. $67M- .................... $67M- .................... $67M- .................... ................. $67M- .................... . .. .....................^.Glual Costs (2) .................... Limited Access Agreement.. ......... ~ NOTE: (1) Or the total hourly cost to the jurisdiction. whichever is the greatest. This cost shall include supervision. overhead. equipment. hourly wages. and fringe benefits of the employees involved. (2) Actual costs include City administrative and overhead costs. 1018 $34.00 $4.50 $20.50 $14.50 $10.00 $8.00 $7.00 $5.50 $70.00 $70.00 $70.00 $70.00 Actual Costs (2) $267.50 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007 2008 2008 TYPE OF FEE Base Fee Base Fee CONSTRUCTION PERMITS - CONTINUED Additional Fee: 1 For each plumbing fixture of trap or set of fixtures on one trap (including water................ drainage) piping and backflow protection therefore. 2 Rainwater systems - per drain (inside building)............................. ............................... ....... ... ..................... 3 For each water heater and/or vent........ ........... ........................................ ............... .......... .. ...................... 4 For each industrial waste pretreatment interceptor, including its trap and vent.... .............. ................. ................ excepting interceptors functioning as fixture traps. 5 For installation, alteration or repair of water piping and/or water treating equipment........... .................. 6 For repair or alteration of drainage orient piping....... ........... .......................................... .... ..... ......... 7 For each lawn sprinkler system or anyone meter including backflow protection................... ........ . ............ ......... devices therefore. 8 For vacuum breakers or backflow protective devices on tanks, vats, etc, or for installation on unprotected plumbing fixtures including necessary water piping: one (1) to five (5), each.......... ..... .... ..... ...................................... ............ ..... ........... ............... over five (5), each..................... ................ ..... ................................. ..................... ........ .................. Penalty Fees: Any person who shall commence any work for which a permit is required by this Code without first having obfained a permit shall pay double the permit fee fixed by this section for such work. Such double permit fee shall be in additional to any penalty for a violation of the provisions of this Code. Demolitions: Demolition permit fee. ...................... .. ........................................... .............. . Cash bond deposit (bond is refundable upon request after successful completion of work and final inspection.) ................ ... ....................................................... . ~..................... $GOO- ..................... Mechanical Code: Permit Issuance Mechanical permit fees are based on installation valuation. Permit Fee based on total project valuation. See table in Building fee section to calculate. Other Inspection Fees 1. Inspections outside of normal business hours. Per Hour, minimum 1 hour................... 2. Reinspection fees assessed under provisions of IBC Section 108.2............................ 3. Additional plan review required by changes. additions or revisions to plans.............. which an initial review has been completed (minimum 1/2 hour) ~..................... ~..................... ~..................... Plumbing Permit: Permit Issuance. each permit (when not part of a building permit):.................................... ~..................... ~..................... ~..................... ~..................... ~..................... ~..................... ~..................... ~..................... $7,00- .................... ~.................... Administrative Note: For the purpose of this section, a sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached shall be construed to be a fixture. Fees for reconnection and retest of existing plumbing systems in relocated buildings shall be based on the number of plumbing fixtures involved Sign Permit: Permit Fee based on total project valuation. See table in Building fee section to calculate. Plan Review Fees The plan review fees specified in this section are separate from and in addition to the permit fees. The plan review fee is collected at application submittal. Building permit: 65% of the building permit fee Mechanical permit: 25% of the mechanical permit fee Plumbing permit: 65% of the plumbing permit fee Sign permit: 65% of the sign permit fee Commercial building permits only: 15% of the building permit fee for South King Fire and Rescue surcharge. Electrical permit plan review fees are found in the electrical permit fee section Fire prevention system permit plan review fees are found in the Fire prevention system permit fee section 2018 $70.00 $500 $70.00 $70.00 $70.00 $29.50 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $7.00 $4.50 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007 2008 2008 TYPE OF FEE Base Fee Base Fee CONSTRUCTION PERMITS. CONTINUED Electrical Code New Residential Services Single Family. First 1300 sq It ...... ..... ...... ...... .. .............................. ............ ......... .... ............ Each additional 500 sq It........ ... ........................................................ Each outbuilding or garage (inspected with service).. ................................. ................ Each outbuilding or garage (inspected separately).... ......... ............. ........................... ... ....... ................... New Multi-Family (Includes three units or more) Up to 200 amp, Service......... ..................... .................................................. Feeder..... .................... .......... ...................................... ...... 201-400 amp, Service.................. .... ........................ ............................................ Feeder...... .. .. ......... ........... ... ........................ ..... ......... 401.600 amp, Service............... .............................................................. Feeder.. ..... . ... ................. ... ........................ 601.800 amp, Service. ................. ...... ... ..... ... ..................................................... Feeder...... . ..... ... ... ... ..... .................................................. Over 800 amp, Service............... .............................................................. ......................... Feeder. ... ... .. ...... .. ... ...................................................... Altered Single/Multi Family (When inspected separately from the service), Service or Feeder o to 200 amp.................................. ............................................................... 201-600 amp............... .............. ........ ...... ... ... ............................. .................. ...... Over 600 amp.................................. .................. ................................. Mast or meter repair............. ......... .... ........ ... ..... ................................ ..................... Circuits, 1st 4 ....................... ....................................................... Circuits, Each Additional over4........ ........... .......................................................... Mobile Homes Service or Feeder Only.......... Service and Feeder.............. Mobile Home/RV Park 1st Service or Feeder ........................ Each Additional Service or Feeder.... Commercialllndustrial 0-100 amps, 1st Service or Feeder ........................................................... . ............................ Each Additional Service or Feeder.. ........................ ..... ................. .. ..... ............. ........ 101.200 amps, 1st Service or Feeder...... ..... ........... ..................................... ............. . ..... ..... ................ Each Additional Service or Feeder........ ............... ........ ........ ........... ............ ..... .......... ...... 201.400 amps, 1st Service or Feeder.. . ........ ........ ........................ ............................... ....... .. ... ................ Each Additional Service or Feeder.......................... ............. ........... .... ........ ..................... 401-600 amps, 1st Service or Feeder...... ..... .............................................. ......... ...... ........ ............... ...... Each Additional Service or Feeder..... ..................... ............. ........... .... ............... .............. 601-800 amps, 1st Service or Feeder. ... .. ..... ..................................... ..................... . ... ............... ...... Each Additional Service or Feeder..... ..................... ........................... ........ ..... ................ 801-1000 amps, 1st Service or Feeder..... ....................................................................... ......................... Each Additional Service or Feeder................................................... ................... Over 1000 amps, 1st Service or Feeder ... ... ........ ........... ... .................... ..... ..... ............ ..................... Each Additional Service or Feeder...................................................... ............................ Over 600 volts surcharge............... ..... ........ ..... ........... .................. ..... .......... ........ . ..... ............... .... Mast or meter repair.................... .. ..... ...................... ...................... ........... .. ................ Commercial/Industrial - Altered Service/Feeders 0.200 amps, each Service or Feeder...... 201-600 amps, each Service or Feeder... 601-1000 amps, each Service or Feeder Over 1000 amps, each Service or Feeder ................................................................. ................................ Circuits, 1.5 Circuits......................... Each Additional. Temporary Service a. ResidentiaIlMulti-Family/Commercialllndustrial........................................................... b. Commercialllndustrial Service or Feeder ampacity 0-100 amps.... ......................:... ..... ........... ..... .................. ..... ................... ......... ... ...... ............... 101-200 amps........... ...... ..... ........ .................... ........ ............. 201.400 amps................. .................................................................. ..................... 401-600 amps...... ................... ... .. ...... ..... ................... .............. ........ .............. over 600 amps........... ...................................................... 3afB ~... $3&,W-.......... $4-hOO-............ ~. ~.. $3&,W- ~.. ~........... ~......... ~............. ~......... ~................... ~................... ~........ $96W-........... ~........ ~.......... ~.................... ~..................... $+,00-............ ~........... ~..................... ~..................... $43,00-................... ~.............. ~..................... ~..................... $94,W-.................... ~..................... ~..................... $3nOO- ..................... ~..................... ~..................... $4+MQ-..................... ~..................... $U&.OO-............ ~..................... $300,00- .............. ....... $94,W- ..................... ~................... ~..................... ~..................... ~..................... $474-;00-..................... $94,W- ..................... $+,00- ............. ........ $6&.00- ..................... ~..................... $94,W-..................... ~................... ~.......... ~.......... $115.50 $37.00 $48.50 $76.50 $125.50 $37.00 $155.50 $76.50 $212.50 $106.00 $272. 00 $145.50 $389.50 $291.00 $96.00 $155.50 $234.00 $57.50 $76.50 $7.50 $76.50 $125.50 $76.50 $50.00 $125.50 $76.50 $155.50 $98.00 $291.00 $115.00 $339.50 $136.00 $439.00 $186.00 $536.00 $224.50 $584.50 $311.50 $98.00 $106.00 $125.50 $291.00 $439.00 $489.00 $98.00 $7.50 $67.50 $76.50 $98.00 $115.00 $155.50 $168.00 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007 2008 2008 TYPE OF FEE Base Fee Base Fee CONSTRUCTION PERMITS - CONTINUED Miscellaneous Equipment. CommercialllndustriallResidential a. Thermostats. Firs!..... ...................................... . Each additional inspected at the same time.. ...................................... ................ b. Low voltage fire or burglar alarms, or voice or data cabling First 2500 SQ ft....... ...... ...... ..... .................... ........ ....... Each additional 2500 sqft..... ................... ........................ c. Signs and outlet lighting First Sign........... ..................... ............................ . ............................................. Each additional inspected at the same time at the same building or structure.. d. Swimming Pools, Hot Tub, Spa......... ....................................................... e. Yard Pole meter loops......... ................................................... f. Plan Review for service of 1,000 amp or greater at 35% of........................... regular Permit Fee plus a plan submission fee of g. Additional plan review/Inspection, per hour....... ...................................... Miscellaneous: State Building Code Council (SBCC) .......................................................... ................................... For each additional multi.family hOUSing unit ........................................... .... ..... ...... ...... ....... ..................... Over the Counter Permit (OTC) Over the Counter Permit ............... Digitizing Fee for Single Family (Plans not submitted in digitized form}....m......................m................................... Digitizing Fee forCommerical (Plans not submitted in digitized form)..................................................................... Automation fee (Applies to all Land use and Development permits.~.._......_..._..__.__.______........................ Adult Family Home Facility Inspection Fee: ....................... ~.. WoOO- $&&,00- WoOO- .. ~.. ~.... ~.. $++.00- .. .. $94M-.. .. $57.50 $17.50 $67.50 $17.50 $57.50 $27.00 $115.00 $76.50 $98.00 ~ $115.00 $4,W-... ~... $4.50 $2.00 ~. ~.. ~.......... $6.OQ- ..................... $67.00. .. . $53.50 $37.50 $112.50 $5.50 $69.50 SECTION FIVE. FALSE ALARMS. False Alarm Fee 4th and 5th false alarms in a registration year (July 1 . June 30), each alarm.. 6th and successive false alarms in a registration year (July 1. June 30), each alarm... Registration Fee.................................................................... ...................................................................... Late Registration Fee Penalty.......... ..... ... ........ ................... ................ ................... ... ..... ..... .................... Late False Alarm Payment Penalty.......................................................................... . ............................... Appeal Hearing Cancellation Fee............................................................................ ................................. $50.00 $100.00 $W.OO- ........ WJO,OO- ...... $2&.00-..... ............... $W.OO-..................... $2&.00- . . ~..................... $25.00 $50.00 $25.00 $10.00 SECTION SIX. FIRE CODE.ANNUAL PERMITS. If\itia~ Initial Appl Carnivals or Fairs: 1.10 Booths/Displays.................................... ...................................... 11-20 Booths/Displays.................................................................. 20 + Booths/Displays................................. ................................... WJO,OO- ~ ~ WJO,OO- WJO,OO- Parade Floats........................................... ....................................... Temporary Membrane Structures, Tents and Canopies..... .......................... ...... ... Flammable or Combustible liquids. LP.Gas, Hazardous Materials, Mise: Compressed Medical Gases ..................... ............................................... Generator Fuel Tanks................................................................................... Hazardous Materials (Cryogens, Etc}..... ......................................................... Install, Remove, Abandon. Residential Heating Oil Tank...................................... LP.Gas. No Dispensing (Cylinder Exchange, Heating, Pool Water Heating, Etc.) $100.00 $150.00 $200.00 $100.00 $100.00 ................ ~ $W.OO- $120.00 $50.00 .................... ~ $W.OO- $120.00 $50.00 ............... ~ ~ $200.00 $132.00 ................... $&&,00- ...................... $65.00 ..................... .................. ~ $W.OO- $120.00 $50.00 Places of Assembly: Occupant Load 50-299 persons...... .................................................................. ............... Occupant Load 300-999 persons..... .................................................... Occupant Load 1,000 or more persons. .......................................................... Occupant Load 50-299 & Candles/Open Flame................................................... ................... Occupant Load 300-999 & Candles/Open Flame...................................... Occupant Load 1000+ & Candles/Open Flame.................................................... ~ ~ ~ ~ ~ ~ Mall covered. Annual Fee $1,QGG.GO Repair Garage Combinations: Repair Garage & Flammable/Combustible liquids .................................. Repair Garage & Hot Work.................... ....................................... Repair Garage & Flammable/Combustible liquids & LPG....................... Repair Garage & Flammable/Combustible liquids & Hot Work............. Repair Garage & Spraying/Dipping & Hot Work.................................. Repair Garage & Flammable/Combustible liquids & LPG & Hot Work....... Repair Garage & Flammable/Combustible liquids & Spraying/Dipping & Hot Work..... ~ ~ $dOO,OO- $dOO,OO- $dOO,OO- $dOO,OO- $dOO,OO- All Other Fire Code Permits. See International Fire Code Section 105.......... ..................... ~ Note: Fire Department Annual Permit Fee entitles applicant to an initial inspection and one follow.up inspection. 40fB $8Q.,OO. $120.00 $80.00 WJO,OO- $150.00 $100.00 ~ $180.00 $120.00 ~ $210.00 $140.00 ~ $240.00 $160.00 ~ $270.00 $180.00 $1.000.00 $1,000.00 $1,000.00 ~ $210.00 $140.00 ~ $210.00 $140.00 ~ $300.00 $200.00 ~ $300.00 $200.00 ~ $300.00 $200.00 ~ $390.00 $260.00 ~ $390.00 $260.00 $8Q.,OO. $120.00 $80.00 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007 2008 2008 TYPE OF FEE Base Fee Base Fee FIRE CODE.ANNUAL PERMITS. CONTINUED Hourly Rate for Additional Inspections Required to Secure Compliance (min..:1J2.hr)....................................................... ~..................... $70.00 Fire Department Review and Inspection of Building Permits. ......... ..... ..............."................... .................. H;~~ af BloJilsiAQ... .................15% of Building Permit Fee, Permit Fee, miA. $B5.5 min. $70 Fire Prevention System Permits Permit Fee (based on valuation).. Plan Review Fee.... ................P.e.r.JBC SeetioA 108.2 ........................ B5% of FPS. Parmit Fee Per IBC Section 108.2 ................... 65% of FPS Permit Fee Note: City retains $20.00 of total fee for processing SECTION SEVEN. FIREWORKS. $100.00 Public Display Permit (together with $100.00 cash bond) ................... .............................. ~..................... A. Boundary Line Adjustment............ .................................................... Plus Fire Review @ 5% Plus Public Works Review... ............................................ ................. SECTION EIGHT LAND USE. Binding Site Plan.................... Plus Fire Review@ 5%....... Plus Public Works Review.... Land Surface Modification.............. ............................................... Plus Per Acre.............. ..... ........... ....................................... Plus Public Works Review..................................................... Lot Line Elimination.........................................................,............... Plat, Preliminary............................ ............................................................ Plus Per Acre........................................ ............................. ........... ............. .. Plus Fire Review @ 5%..................... ...... ........................... ..... ........ ... Plus Public Works Review........................................................................ Plat, Final....................................................................................................... Plus Public Works Review................................................................. Plat, Short..... ........... ..... .......... ............. .. ........... ....................... .. .. . ... ........ ......... .................... Plus Fire Review Fee@ 5%.................................................................... ..................................... Plus Public Works Review ....... ...................................................... .... .... . .......... ..... ..................... Pre-Application Meeting........................................... ........................................ Process I- Applications (for radio tower & antenna structures for use by amateur radio operators........................ required by Federal Way City Code. Section 22.1047(3))..................................... .................................. Process 1- Director's Approval for interpretations................................. ...... .................. Process I .. other minor site review at hourly rate................. .................. ...... ..................... Process 2.. Site Plan Review [Base Land Use Fee], Plus:........................ ............................. over 25,000 sq. ft............... .................................................. ...................... over 50,000 sq. ft......... ..................................................................... ............................ over 100,000 sq. ft......... ................................................. ................. . ............................. Plus Fire Review at 5%........ ............................... ..................... ......... ... ....... Plus Public Works Review.. ................................................... .......... ..................... Process 3.. Project Approval [Base Land Use Fee], Plus:......................... ..... .. ......................................... over 25,000 sq. ft............... ................................................. ............................... over 50,000 sq. ft.............. .................................................... ....................................... over 100,000 sq. ft........ .................................................. ..................... ............................... Plus Fire Review Fee@5%... ..................................................... ........................... Plus PW Review....... ............................. ............... ................ ... .. ... ... ....... . ......... ......... Process 4.. Hearing Examiner's Decision [Base Land Use Fee], Plus:.................. .......... ..................... Plus Fire Review Fee@5%..................................................... .............................. Plus PW Review.... ..... .......... ...... .............. ..... ............................ ....... ..................... Process 4.. Residential Variance [Base Land Use Fee], Plus:........................... ................... Plus Fire Review Fee@5%....................... .......................... ...................... Process 5 - Quasi-Judicial Rezones [Base Land Use Fee], Plus: to RS Zone............. ..................................................................... Plus Per Acre. .... .... ... ................... ................... ....... Maximum.............................................................................. ................ to RM Zone............... ................................................... Plus Per Acre...... .... ........ ................... ............. Maximum... .... ....... ........................... ....... to Commercial/Industrial Zone. ...... ................ ..... .... .......... ... Plus Per Acre .................. ....................................... Maximum................... .... .. . ......................................... 50f8 $800,00- ..................... $4G,W- ..................... ~..................... $1.224.50 ..................... ~..................... $++4,00- ..................... $1,283.50 ..................... $-M,OO- ..................... ~..................... ~..................... $3,B34.50 ..................... ~..................... ~..................... $2,979.50 ..................... $1,535.59 ..................... $1,126.00 ..................... $1,224.50 ..................... ~..................... $++4,00- ..................... $443,W- ..................... ~..................... $+,00- ..................... NIA..................... $eMQ- ..................... $99M9- ..................... ~..................... ~..................... ~..................... $W,OO- ..................... ~ $1,167.50 ..................... ~..................... ~..................... ~..................... ~..................... ~..................... $2,107.50 ..................... ~..................... $1,136.59 ..................... ~..................... ~..................... $7Q&a9- ..................... ~..................... $17,321.99 ..................... $1,02HO . ................... $1,259.59 . ................... $27,399.50 ..................... $1,417.99 ..................... $1,890.09 ... ................. $29,132.09 ..................... $837.00 $42.00 $454.00 $1,271.00 $61.00 $803.50 $1.332.50 $14.50 $611.50 $163.50 $3,772.50 $75.50 $188.50 $3.093.00 $1,593.50 $1,169.00 $1,271.00 $61.00 $803.50 $434.50 $163.50 N/A N/A $70.00 $1,027.50 $327.00 $572.00 $818.00 $51.50 $869.00 $1,212.00 $327.00 $572.00 $816.50 $60.50 $864.50 $2,187.50 $109.50 $1,180.00 $816.50 $41.00 $735.50 $408.50 $17,979.50 $1,062.50 $1,307.50 $28.441.00 $1,471.00 $1.961.50 $30,239.00 2007 2007 2008 2008 TYPE OF FEE Base Fee Base Fee lAND USE.. CONTINUED. CITY OF FEDERAL WAY 2007 FEE SCHEDULE Public Notice Fee {for Process 3.6 & SEPA decisions)............... SEPA CityCenter Planned Action. .......................................... Plus Fire Review Fee@5%......................................... Plus Public Works Review..... ............... ........................... SEPA Environmental Checklist Only.................................... ..... Plus Fire Review Fee@5%.................................................. Plus Public Works Review ................................................. SEPA Checklist as Part of Project................................................. Plus Fire Review Fee@5%.. ............................................. Plus Public Works Review.... .................. .............................. ~ SEPA Appeals................. ................................................................. Appeal of Administrative Decision............. ........ .................. Appeal of Hearing Examiner Decision..................................... Comprehensive Plan Amendments.................................... ... Plus Per Acre.. NA .................... NA .................... NA.... ................ ~.................... ~.................... ~..................... ~.................... $2+.00- ..................... ~.................... ~.................. ~.................... ~..................... ~.................... $+8,00- .................... $l,40€d)g ..................... ~................... $1,890.00 ..................... $J,4B4.50 ..................... $B,929.00 ..................... $10,J92.00 ..................... $83MQ- ..................... $J,JJ7.50 ..................... $2,015.5Q ..................... $+8,00-.. ................... Shoreline Permit, [Base land Use Feel, Plus:...................................... ....... ....... ............ ..................... over $15,000 value. ................................................... .. .......... ......................... ...... ............ over $50,000 value... ............................................................. ........................ ..................... over $100,000 value....... ....................................................... .................... .. ..................... over $500,000 value.. ............................................................. ................. ..................... over $1,000,000 value............. ................................................ .. . . .................. ...................... Plus Public Works Review............................................................. ........................... ..................... Shoreline Conditional Use Permit..... ... .......... .......................................... Plus Public Works Review.................................. ..... ............ ... ....... Shoreline {Exempt Determination).............................................................. Shoreline Variance............ ............. .................................. .................. Plus Public Works Review........................................................ MISCELLANEOUS: Accessory Dwelling Units..... $2,4Q7.5Q ..................... $l,lJ5.5Q ..................... ~ $&.00- Automation fee {Applies to all land use and Development permits)......... Home Occupation: Standard Permi!............... ~..................... In-Home Day Care Facilities: 12 or fewer attendees. .... ... .................................... ......... ............ ~................. ~.................... ~..................... ~................... Signs, First Sign...... ............. . ......... ................... ................... Each Additional Sign/Same Application................................... Temporary Signs..................... ................................................... Zoning Fees New single family....................... ................................................ Zoning inquiries........ ................................................................... ~.................... ~.................... $137.50 $140.00 $7.00 $140.00 $989.50 $49.50 $481.00 $495.00 $25.00 $240.50 $114.50 $163.50 $163.50 $816.50 $81.00 $1,458.50 $654.50 $1,961.50 $3,596.00 $7,192.50 $10,787.00 $862.00 $3,464.00 $2,092.00 $81.00 $2,499.00 $1,178.50 $163.50 $5.50 $40.50 $40.50 $40.50 $16.00 $40.50 $52.00 $52.00 Note: 1. Appeal Fee shall be reimbursed in the event the reviewing authority determines that the appellant has substantially prevailed in the appeal action. 2. The fire district administrative review fee in an amount equal to 5% of the land use fee imposed is charged and collected by the City and paid to the fire district. 3. Additional fees will be required to pay for any time spent on land Use Applications by the Department of Public Works above the number of hours covered by the base amount allocated to Public Works for each application. B. REFUNDS OF LAND USE FEES. The Filing Fees as set forth in the Fee Schedule for the City are established to defray the cost of posting and processing and the proceedings in connection with a land use application. The Building & Zoning Director may authorize the refunding of not more than 80% of the total application fees paid provided the applicant presents a written request to withdraw or cancel prior to routing of the application for staff review. SECTION NINE. MISCEllANEOUS. Miscellaneous Permits (Land Use, Public Works & Building Permit Services): Any public work, land use, building permits not covered by the fee schedule, if performed by employee, is based on actual hourly cost, plus benefits of 30%, plus overhead of 25%. Any private or public professional service contract needed will be billed 100%, plus 10% billing and administrative charges. Maps, Plats, Miscellaneous...... .....................................................................................................___..___... .................... Cost ~ 10% ................... Cost + 10% Photocopies, Black and White Per Page. ................................................................................. .................... ~ $0.15 Photocopies, Color Per Page..... ..... .. ........................................... ....... .. .. ..................... ........................... ~ $0.25 D Size Rolled Plan Copies, Per Sheet ............................................................................................ .................... ~ ............... $5.00 E Size Rolled Plan Copies, Per Sheet. .................................................................. .................. .................... ~ ................... $7.00 AudioTape Duplication, Per Cassette ............................................................................................................ ~. ................... $10.00 Video Tape Duplication, Per Tape .......... .......................................................... ........................................ ~ ..................... $25.00 Clerk's Certification....... .......... .. ..... ..... ............ ........ ........... .........______..................... ....................................... ..... .... ........... $&.00... .................. $5.00 Notary Public Attestation or Acknowledgment or as otherwise provided for in RCW 42.44.120, per signature......... ............ $&.00-.. .................. $5.00 6018 CITY OF FEDERAL WAY 2007 FEE SCHEDULE 2007 2007: ;8 2008 TYPE OF FEE Base Fee E: se Fee MISCELLANEOUS - CONTINUED ~..................... $-1-,00- ...................... Astllal Cost Facsimile Usage (incoming/outgoing) 1 st Page.................................. __...m............m........................m................m....................... each additional page .. . .. ........ ....................................................mm........................................ Bound Printed Documents.. GIS Map and Data Requests ': 8 1/2 by 11 - Paper. Color. ......... ................................. ...... ........................................ $4,00- .......m........... 81/2 by 11 - Paper. Black & White.. ........................................ .............................. ~........m.......... 8 1/2 by 11 - Mylar - Color............... ........ ........... ..................... .......... ........................................ $&.00- ..................... 8 1/2 by 11 - Mylar. Black & White.................................................. ............................................ ...... $4,00- ........m.......... 11 by 17 - Paper. Color.... .. ........ ....................................... ............ ......... .................................... $&.00- ......___............. 11 by 17 . Paper - Black & White.................................................. ........................................ $4,00- ........m.......... 11 by 17 - Mylar. Color... ................................................................. ............................................ ~...................... 11 by 17 . Mylar - Black & White.. ........................................... ............................ ....... .............. $a,OO- ...................... Up to 34 by 44 . Paper. Color............................................................. ............................... ..................... ~...................... Up to 34 by 44 . Paper - Black & White................................................. ................................................. $+,00-..................... Up to 34 by 44 - Mylar. Color ............................................................... ............................. ..................... W.,OO-....................... Up to 34 by 44 . Mylar. Black & White............................................... ...................... ........ ..................... ~..................... 3Y:. Floppy Disk or CD ROM (per disk/CD)................................................. ................................................ $4,aQ....................... , Maps that require extensive processing time or require additional ink and plotting supplies will be charged at a higher rate. Applicable sales tax will be added to the costs Staff Time to Complete Request, Per Hour. ...... .................................. .. ................................... ....... Computer Usage, Per Hour........ ........ .... .................................... ....... .......... ..................... ... .................... Note: Staff time and computer usage will only be charged on requests for custom products. $3&.00-.. .................. ~..................... $3.00 $1.00 Actual Cost $4.00 $3.00 $5.00 $4.00 $5.00 $4.00 $6.00 $5.00 $10.00 $7.00 $37.00 $31.00 $1.50 $35.00 $15.00 SECTION TEN. PAWNBROKER. Pawnbroker License................................................................. .mm..m.................................................................................... Secondhand Dealer License....................................................... ................m......_..................................................................... Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8.30 days past due .......................................................................... .............................. .................... 31 .60 days past due............... ........... ................................ ......... ...... ......... ..... ........... ...... ............ ........ 61 and over days past due.... ....................... .......................................... .. ................. ........ ............ ........ ~..................... ~..................... ~......---............ ~.......m.......... 4QQ.% .................... $325.00 $50.00 SECTION ELEVEN. PUBLIC DANCE AND DANCE HALL. 25% 50% 100% Annual fee.............................. ............................................................................................................. Annual fee after July 1............. .......................................... ............................................................. Per Event or Limited Permit, per day........ ..... ........ .................... ......................................... ........... ............. Renewal late charge fee... ...... .......... ....... ....... ....................................... ... ........ .............................. ........ Processing fee for applications received less than 30 days from the even!.... .............. .................. ............. Litter control security deposit. cash or bond..... ....... ..... ................... ....... ............... ......................... Appeal fee...................... .................................................................. ........................ .... ..................... ~..................... $400,00- ...................... ~..................... ~.......m........... ~...................... $l,OOQ.Og ..................... ~.......m........... $175.00 $100.00 $50.00 $75.00 $75.00 $1,000.00 $75.00 SECTION TWELVE. PUBLIC WORKS. A. Building Moving and Oversize/Overweight vehicle Permit. 1. Building moving through City ............................................. ....................._ ............................... 2. Building moving into or within City....................................................................... ........... ..................... Pre-move inspection, the higher of actual cost or .................. ............... . .............. .......... ..................... 3. Oversize/overweight vehicle permit. ................. ................. ..... ......... ..................... ...... .... ..................... B. Street and/or Easement Vacation Application 1-300 lineal feet.............. .. ............. ... ............................................... .......... ................ ...... ................... everyl00 lineal feet thereafter, per 100 LF.............................. ..... ......... ...................... ............. ............. ...... C. Right-of-Way Use Permit, includes 1 inspection 1. Individual single family homeowner applications....................................................................................... 2. All other applications........... ........... .......................................... .... ...... ........ ................... .. ........ ........... 3. Supplement plan review fee for any and all permits, per hour.............. ............. ................. ..... ..................... 4. Supplement construction inspection for any and all permits, per hour........ ... ........ ........................................ D. Right-of-Way Code Variance Request, plus recording fee *........... E. Development Review Fee. 1. Single Family...... ..... . ............ ............................... . ..... ..... ................ ... .. .... .. ..... ..... ......... 2. Short Subdivisions Construction Plans (Up to 8 hours of review time). ...... . ..... ............... .... ....................... a. Supplemental plan review/construction service fee, per hour........ b. Construction Inspection Fee, per hour................................. 3. Subdivisions and Commercial/Industrial Developments....................... Construction Plans (up to 12 hours of review time) a. Supplemental plan review/construction service fee, per hour b. Construction Inspection Fee, per hour......................... F. Concurrency Trips generated: -If less than 10 times (4 hours) . .......... .................... ............ ..... ..... .......... ...... ........ .................... -If between 10 and 50 times (16 hours) ....................................... ................ ........................................ -If between 50 and 500 times (32 hours) .......... ................. ........... ............ ....... ...... .... ................. .......... . If greater than 500 times (48 hours)... .............................. ...................... ............................... G. Miscellaneous Public Works Permits and Services (Same fee structure under Section Nine/Miscellaneous Fees) * Recording Fee per chapter 36.198.010 RCW and as amended and K.C. Code 1.12.120 and as amended $+8,00- ..................... $+8,00-. .................... ~..................... $+8,00- ...................... ~...................... $+8,00- ...................... ~...................... $24G,OO- ..................... $B3,OO- .................... ~...................... $+8,00-.. ................... $B3,OO-.. ................... ~..................... $B3,OO- ..................... ~..................... ~.................... $B3,OO- .................... ~.................... ~ $l,448.0Q $3,084.00 $5,09B.Og $81.00 $81.00 $192.50 $81.00 $790.50 $81.00 $179.50 $249.00 $65.00 $58.00 $81.00 $65.00 $521.00 $65.00 $58.00 $782.00 $65.00 $58.00 $327.00 $1,503.00 $3,201.00 $5,289.50 7 of 8 SECTION THIRTEEN RIGHT-OF-WAY ACTIVITY. CITY OF FEDERAL WAY 2007 FEE SCHEDULE Right of Way Activity Permit Fee........................................................__..________...........................__........................ 200.7 20.07 2008 2008 TYPE OF FEE Base Fee Base Fee $40.50 ~..................... SECTION FOURTEEN. TAXICABS. Pursuant to King County Fee Schedule SECTION FIFTEEN. MASSAGE/PUBLIC BATHHOUSE BUSINESSES. $75.00 $75.00 MASSAGE BUSINESSES: 1. Massage Business.... ................................................. 3. Massage Manager.. ........ ..................................... 4. Late Penalty: A late penalty shall be Charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8.30 days past due ........................... .................... .. .................... ~. .................. 31 - 60 days past due ................................................. ................................... ..................... ~ .................... 61 and over days past due ......................................... ... .. .. .......................................................... 4QQ.% .................... Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective year. PUBLIC BATHHOUSE BUSINESSES: 1. Public Bathhouse Business (in addition to business license)............. 2. Bathhouse Attendant 3. Bathhouse Manager.. .................................................................. .. ................................................ 4. Late Penalty: A late penalty shall be charged on all applications for renewal of a license received later than seven (7) days after the expiration date (being December 31 of each year) of such license. The amount of penalty is calculated as a percentage of the license: 8 - 30 days past due ................................................................ ................................. .................... ~ .................... 31.60 days past due ............................................................ .. ............................... .................... ~ .................... 61 and over days past due....................................... ................. ... ...................... .................... 4QQ.% .................... Proration: The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30, the license fee for the remainder of that year shall be one-half of the annual license fee. Annual license renewals shall be required to be obtained and paid in full by January 31 of each respective year. ~.. ~.. ~..................... ~.................... ~..................... 25% 50% 100% $75.00 $75.00 $75.00 25% 50% 100.% SECTION SIXTEEN IMPACT MITIGATION. School Impact Fee: Single-Family Residences, per dwelling unit........................................................................ .............. ..... Plus City Administrative Fee@ 5%......................................................................... ..................... Multi.Family Residences, per dwelling unit.................................. ............... ........................ ..................... Plus City Administrative Fee @ 5%.............................................................................................. $3,018.00 .................... $45-1-,00-. ..................... $35lhOO- ..................... $43,00-- ..................... $3,883.00 $194.00 $1,647.00 $82.50 SECTION SEVENTEEN. PUBLIC SAFETY. Case Report, 1st 10 pages................................................................................................. .................... Traffic Accident Report, 1st 10 pages. ................. .......... ........ ....... ....... ........ .......................... .... ............ Reports exceeding ten (10) pages, per page........................................ .................. .... .................... Photograph Duplication {from film)... ............................................ ................................. .................... Videotapes, per tape. ................ .................................................... Digital audio and image files, on CD, per disk..................................... Fingerprint Card........ ........... ........................... ............. Photo ID Card............ ........ ...... ..... .............................. ....... ..... ....... . ..... ....................... ...... ............. Concealed Pistol License - New...................................................... ....................... .................... Concealed Pistol License. Renewal.......................................... ..................... .................... Concealed Pistol License - Duplicate/Reissuance.............................. ................. .................. .................... Lamination........................ ........................................................ ................................................... Concealed Pistol License Late Fee {if applicable)........................... ..... .... ................. ........ ....... ...... Traffic School (including Police and Court costs)............... ...................... .............................. .................... 8018 ~.................... ~.................... ~.................... $2 ~er ~l1ote/ ..................... $10 miRimlJm ~................... ~................... $10 1ct/$3 each .................... aGGitieAaI ~.................... $0000- .................... ~.................... ~................... $a,OO- .................... ~................. ~................... $10.00 $10.00 $0.15 $2 per photo/ $10 minimum $25.00 $10.00 $101st/$3 each additional $10.00 $60.00 $32.00 $10.00 $5.00 $10.00 $115.00 COUNCIL MEETING DATE: December 04, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: South 348th Street HOV Lanes Project (SR 99 to 9th Ave S) - 100% Design Status Report POLICY QUESTION: Should the Council authorize staff to bid the South 348th Street HOY Lanes Project (SR99 to 9th Ave S), and return to LUTC for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 19, 2007 CATEGORY: [8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~! ~~~_~~Q~!..~.Y:~ll~ll!!..~ll!!{)..':If!l!_.~tr~_~!..Syst~I!!s._.~ll!!llg~~... Attachments: LUTC Memorandum dated November 19,2007. Options Considered: 1. Authorize statTto bid the S. 348th Street HOY Lanes Project (SR99 to 9th Ave S), Improvements Project and return to the LUTC to award the project to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this project and provide direction to staff. DEPT: Public Works ..........n............. .. ........ ........_._......... ............ ... ...___._......._..._........_............... .. .......... .. ....__......_. ...... .........._._...__.._.__......... STAFF RECOMMENDATION: Staff recommends forwarding Option Consent Agenda for approval. to the December 4, 2007 City Council CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ ~ Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to the December 04, 2007 City Council Consent Agenda for approval. r2e./tA4.se-L. Linda Kochmar, Member POSED OUNCIL MOTION: "[move to authorize stajJto bid the S. 34Efh Street HOV Lanes Project (SR 99 to <jh Ave S), and return to the LUTC Committee to award the project to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDffiEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: November 19,2007 Land Use and Transportation Committee Cary M. Roe, P. E., Assistant City Manager, C~ef~ations Office, Emergency Manager Marwan Salloum, P.E., Street Systems Manager ~ Brian Roberts, P. E., Street Systems Project Engineer South 348th Street HOV Lanes Project; 100% Design Status Report tAl( FROM: SUBJECT: BACKGROUND: This project will add HaY lanes on eastbound and westbound S 3481h from 91h A venue South to Pacific Highway South. This will extend the HaY lanes from the Park & Ride lot at 9th Avenue South to 1-5. The traffic signal system at 9th Avenue South will be replaced to accommodate the added lanes and the traffic signal system at Pacific Highway South will be modified to accommodate the added lanes. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk overhead utility undergrounding and drainage modifications. PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition 2008 Construction Cost (estimate) Utility Undergrounding 10% Construction Contingency 12.5% Construction Management TOTAL PROJECT COSTS $ 530,000 400,000 2,900,000 150,000 290,000 362,500 $4,632,500 AVAILABLE FUNDING: Grant Funding (TIB) Utility Tax (2007 Budget) Mitigation Interest Lakehaven Utility District Qwest TOT AL A V AILABLE BUDGET $ 2,739,000 1,000,000 791,062 72,749 160,000 50,000 $ 4,812,811 This project is within available budget and we anticipate bidding the project in December 2007 and awarding in February 2008. Construction will commence in March 2008 with an estimated substantial completion date of November 2008. cc: Project File Day File COUNCIL MEETING DATE: December 04, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Surface Water Infrastructure Maintenance and Service Contract - Authorization to Bid POLICY QUESTION: Should the Council authorize staff to bid the Surface Water Infrastructure Maintenance and Service Contract, and return to LUTC for bid award, further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 19,2007 CATEGORY: [g] Consent 0 Ordinance 0 Public Hearing o City Council Business 0 Resolution 0 Other STAFF REpORT By: Paul Bucich, Surface Water Manage~.2- DEPT: Public Works ..........___.....u____.............._............................m..................................................................................................._......_.....................__...............~_...~m..........................................._......................._....... Attachments: LUTe Memorandum dated November 19,2007. Options Considered: 1. Authorize staff to bid the Surface Water Infrastructure Maintenance and Service Contract and return to the LUTC to award the contract to the lowest responsive, responsible bidder. 2. Do not authorize staff to bid this contract and provide direction to staff. .~...~._.._~__...___.~___..__.__.__..... ........ _P... _. .__.. _. __....__..___ _____ .._._....._._......._._..........._...._._..........._............._.._.__..~...........__.._._ ..... ...... _ ....___...... .....~__... ......m. _. ...... ...... "." ................... _ -_ . STAFF RECOMMENDATION: Staff recommends forwarding Option I to the December 4,2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: f::::1 0tIL Council COMMITTEE RECOMMENDATION: Forward Option 1 to the December 04, 2007 City Council Consent Agenda for approval. , ~~~~ .. da Kochmar, ember OPOSED COUNCIL MOTION: HI move to authorize staff to bid the Surface Water Infrastructure Maintenance and Service Contract and return to the LUTC Committee to award the contract to the lowest responsive, responsible bidder. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDmEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 19, 2007 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager/Chief Operations Officer/Emergency Manager Paul A. Bucich, P.E., Surface Water Manag@.Af; Surface Water Infrastructure Maintenance" ~rvice Contract - Authorization to Bid VW\ BACKGROUND: Surface Water Management (SWM) contracts for all vactor and jet-rodding services. The current contract has been extended four times. The last time SWM solicited bids for this service was in 2003. At this time staff feels it appropriate to go out to bid on these services. The Council approved budget for these services in 2008 is $133,606.00. K:\LUTC\2007\11-19-07 Surface Water Infrastructure Maintenance and Service Contract - Authoraization to Bid.doc COUNCIL MEETING DATE: December 04, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007 Asphalt Overlay Project - Final Acceptance POLICY QUESTION: Should the Council accept the 2007 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete? COMMITTEE: Land UsefTransportation MEETING DATE: November 19,2007 CATEGORY: ~ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!"':~F~..I'()~!..~~:~~~~!':_$i.l!I~~!P:?~:E::,?t~~~t.$yste!p:sMaI1ag~r ..... DE:..!:..Y~~li~:W o~k~__...._____..__.._______"____.. Attachments: LUTC memo dated November 19, 2007 Options Considered: 1. Authorize final acceptance of the 2007 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of $2,363,202.40 as complete. 2. Do not authorize final acceptance of the completed 2007 Asphalt Overlay Project constructed by Tucci and Sons, Inc. as complete and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: @ DIRECTOR ApPROVAL: M Committee - t!/Wt Council COMMITTEE RECOMMENDATION: Forward Option I on the December 4, 2007 Council Consent Agenda for approval. '~ \ :./ ".c..... ~ b c~ ~nda Kochmar, ember !)#~ . Dean McCol an, Member COUNCIL MOTION: "I move approval of final acceptance of the 2007 Asphalt Overlay Project constructed by Tucci and Sons, Inc., in the amount of$2,363,202.40 as complete. .. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COlINClL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 19,2007 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chi~ Oper~ns Officer, Emergency Manager Marwan Salloum, P.E., Street Systems Manager~ John Mulkey, P.E., Street Systems Project Engineer -:S~"'-- 2007 Asphalt Overlay Project - Project Acceptance and Retainage Release M BACKGROUND: Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The above-referenced contract with Tucci and Sons, Inc. is complete. The final construction contract amount is $2,363,202.40. This is $255,029.46 below the $2,618,231.86 (including contingency) budget that was approved by the City Council on March 6, 2007. cc: Project File Central File K:\LUTC\2007\11-19..07 2007 Asphalt Overlay project - Project Acceptance.doc ITEM~:~ COUNCIL MEETING DATE: December 04, 2007 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Interlocal Agreement - City of Federal Way and Lakehaven Utility District for OtTice Space Occupancy POLICY QUESTION: Should the Council authorize the City Manager to enter into an Interlocal Agreement with Lakehaven Utility District for office space occupancy? COMMITfEE: Land Use and Transportation Committee MEETING DATE: November 19,2007 CATEGORY: C8J Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!:I\!!_.I!~!<?~!J~X..:...~~~~.r:t...~<l!I()lIf!l,.~.1!~.~.!..~..Y~t~f!l~...~l.\r:t<lg~E Attachments: LUTC Memorandum dated November 19, 2007. Options Considered: 1. Authorize the City Manager to enter into an Interlocal Agreement with Lakehaven Utility District for office space occupancy. 2. Do not authorize the City Manager to enter into an Interlocal Agreement with Lakehaven Utility District for office space occupancy and provide direction to staff. DEPT: Public Works . . _. .... n_ _._ ....._........ .. ..__.......,...__........_..._.......~......._...___.._......._,.._._...............m.__..........._......... STAFF RECOMMENDATION: Staff recommends forwarding Option to the December 4, 2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: th1I{ Committee M Council COMMITTEE RECOMMENDATION: Forward Option 1 to the December 4,2007 City Council Consent Agenda for approval. f(-teu"cLR-cL Linda Kochmar, Member E Co UN L MOTION: "I move to authorize the City Manager to enter into an Interlocal Agreement tility District for office space occupancy. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACfION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: FROM: SUBJECT: November 19,2007 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager/Chief Operations OfficerlEmergency Manager M. Interlocal Agreement - City of Federal Way and Lakehaven Utility District for Office Space Occupancy BACKGROUND: Since the acquisition and development of City Hall in the fonner Paragon Building, the City has attempted to assemble all of the agencies associated with the Permit Process in one facility, with the intention of becoming a "One-Stop" Permit Center. In March 2004, the City Council approved a similar Interlocal Agreement between the City and South King Fire and Rescue (SKF) (formally Federal Way Fire Department). Since occupancy of SKF at City Hall, the community, SKF staff and City staff have benefited from the improved communication and efficiency this arrangement has made to the permit process. This Interlocal Agreement between the City of Federal Way and Lakehaven Utility District (attached) reflects the City's commitment to improving communication between the agencies as well as service to our customer base and the community by co-locating the permitting function of both agencies at City Hall. . K:\LUTC\2007\11-19-07 Surface Water Infrastructure Maintenance and Service Contract - Authoraization to Bid.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN UTILITY DISTRICT FOR OFFICE SPACE OCCUPANCY THIS AGREEMENT is made and entered into this day of , 2007. The parties ("Parties") to the Agreement are the City of Federal Way, a Washington municipal corporation ("City") and Lakehaven Utility District, a Washington special purpose district ("District"). WHEREAS, the City owns and operates a facility commonly known as the City Hall; and WHEREAS, the District provides development review services for water and sewer system extensions within its service area, including areas within the City, with trained personnel; and WHEREAS, the District and the City believe it would be beneficial to the businesses and citizens of the City and District if the entities formed a long-term partnership for the co-location of certain development review functions within the City; and WHEREAS, the District and City believe this partnership would improve the permit processing within the City by having a staff member of the District located at the City Hall in the permitting area; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this Agreement as authorized and provided for in RCW 39.34.080 and other Washington law, as amended; NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW and in consideration of the mutual terms, provisions and obligations contained herein, it is agreed by and between the City and District as follows: 1. PREMISES. The City hereby agrees, upon the following terms and conditions, to allow the District to occupy a portion of the City's City Hall located at 33325 8th Avenue S, Federal Way, W A 98063, consisting of approximately eighty (80) square feet, and described on the attached Exhibit A, which is incorporated by reference and hereinafter referred to as the "Premises", for the location of a development review staff person and in furtherance of its development review functions. 2. TERM. The term of this lnterlocal Agreement shall commence upon the effective date of this agreement and shall continue until the 31st day of December, 2012 ("Term"). The Term of this Interlocal Agreement will automatically renew for a five (5) year renewal thereafter unless othelWise terminated pursuant to Section 3. 3. TERMINATION.. a. Prior to the expiration of the Tenn, unless a shorter period is mutually agreed upon by the Parties, the District may tenninate this Agreement upon thirty (30) days written notice. b. Prior to the expiration of the Tenn, unless a shorter period is mutually agreed to by the Parties, the City may tenninate the Agreement upon thirty (30) days written notice. 4. RENT. The City agrees to waive rent during the entire Tenn of the Agreement in exchange for the costs as outlined in Sections 5 and 6. 5. ONGOING MAINTENANCE AND OPERATING COSTS. The District agrees to pay Five and no/IOO Dollars ($5.00) per square foot per year to cover the on-going maintenance and operation costs ("M & 0"). The M & 0 Costs include taxes, insurance, janitorial, electricity, garbage, sewer, water, maintenance and repair of the Premises, landscape and parking lot maintenance, window washing, natural gas, LID's and assessments. The rate per square foot is subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be three percent (3%) per year. 6. INFORMATION TECHNOLOGY (IT). The City agrees to support one (I) of the District's staff on computers and phone system on the District's private network at the Premises. The ongoing IT costs due to the City as described in Exhibit B (attached) are subject to increase based on the mid-year Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), but the minimum increase shall be one and a half percent (1.5%) per year, and the maximum increase shall be three percent (3%) per year. 7. FACILITY AMENITIES. The City agrees to furnish the following: a. One designated parking space located in the parking area adjacent to the City Hal\' s north entrance and marked for the Lakehaven Utility District use only; and b. Use of all City Hall amenities by the District's staff assigned to the Premises. 8. USE. The District shall use the Premises for the purposes of this Agreement. If the District desires to use the space for other purposes, it agrees the City must provide written consent, which consent will not be unreasonably withheld. 9. ASSIGNMENT OR SUBLEASE. The District shall not assign or transfer this Agreement, nor sublet the whole or any part of the Premises, nor grant an option for assignment, transfer or sublease for the whole or any part of the Premises, nor shall this Agreement be assignable or transferable by operation of law, or by any process or proceeding or any court or otherwise. 10. LIABILITY. The City assumes no responsibility for any property placed in the Premises, and is released from any liabilities for loss, injury or damages to any property that are sustained by reason of the occupancy of the Premises under this Agreement. 11. CONTACT PERSONS. The Parties stipulate that the following persons shall be the contact person for the City and the District, respectively: City: Cary M. Roe, P.E. District: Assistant City Manager PO Box 9718 Federal Way, WA 98063-9718 Donald Perry General Manager PO Box 4249 Federal Way, W A 98063-4249 12. ACTION BY ASSISTANT CITY MANAGER AND DISTRICT GENERAL MANAGER. The Parties authorize the Assistant City Manager of the City of Federal Way and the General Manager of the Lakehaven Utility District to take actions that are consistent with and necessary to implement the intent of this Agreement. 13. ENTIRE AGREEMENT - AMENDMENTS. This printed Agreement together with the exhibits expressly incorporated herein by reference attached hereto shall constitue the whole agreement between the Parties. There are no terms, obligation, covenants, or conditions other than those contained herein. Except as otherwise provided herein, no modification or amendment of the Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both Parties. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF FEDERAL WAY LAKEHA YEN UTILITY DISTRICT Neal Beets, City Manager Donald T. Perry, General Manager Date: Date: ATTEST: A TrEST: Laura Hathaway, CMC, City Clerk Signature Printed Name Title APPROVED AS TO FORM: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney Steven H. Pritchett, Legal Counsel l=:::b'~=' "~"7 Li:' Ken C Miller I x2711 II R~b""-lJ lOrSOWj mOL:: .......'..'...-....1 Jeff iyunh ~ i3rianl '.oberts .2723 I John I Aulkey ~~7~2=~ \" tarwan......! alloum x2720 ,..,'""" "'\L"........-\JI ----,'"--'~J! - ~ Rick .J~~~annl WlI ~ ,:;an Ann L~:~~,f~:~~:~6ncJL::~~~~r Exhibi+ A Jeff Wolf x2753 :':;ij i..."."tll.\lU~.\c,' F"".,....."TlI".r~~., '27021 1:<2703'10 Carmen Shawnal Mirror Beall ~?~_ Lake Da";j;,ne MariQol1 Roo iLeMaster orbita.1i :<7\!~,~~_..,~,;.. ""If", ~_,_ - I IX2713("~=,=,=--,><,,, ..... ... x2/01 L.........F..- "704'-1, ... PW ax x,- '.:.. _ .: Greg Fewins X2611 , lina Piety )(2601 Lee Bailey [:J Di.>tr"i ct Shiff Olhc,;c,5pcuc/ I:'/~ .I Angelina J1' (' .., r"en..MPYi~.i~ Apprtx, met. te '3 ,,;y265o :itl t~?o :X' . If. ) 'b""":""l'~ l' Kellle .,,: 'Donn~lh ......~..~,~L:i , CD 'I! Work I'i Room r-.-- - C>ndy I' I' Vacant I KlerseY!11 Ii x2631 ~, ...rJ: I iLl ~, .~.... 'Vacant R Vacant x2655 I ;( bene Ifer I Teeler x26!)) " x2()20 x2771 'Ma'ige Currie.. Hicks ill..Q&. Raid lirhi oCJ [J~ '-j 1.....1..-1 I ! '1'1: I ' I :.. ~ I I ! I teve Van Kar;' ,. _ [' "..t-....! U' Trojan Cimma~..' L '--1 ~ x' fi 'i .. x2029111 _.._ill permil.counle~....l..i II x2607: I ---J..r! r//--:"--:;;::"='., I' _. --d., . /'''---'''''';Iil ~.~,: ....--,......' , ~~ '''''''_~~..",._/ 'illl ( i., Front Lobby I :~il _,2774 x2743 City Hall Second Floor Department Layout and Phone Extensions x7006 r ~ I Steel Andrea Bykerk ~ Lake ~..' '. . "i""~~'-h~.~lb;;j;;~;1i,-.;&.~~gffi..,,+ EXHIBIT B Information Technology The following is a summary of the services that will be provided: . City will provide one (I) phone at staffs desk with voice mail box. The phone number will have an appearance (ring) at the phone on Community Development counter. . City will provide two (2) network connections for two (2) workstations (I) at the staffs desk and I on the counter) with direct access to internet. . District will provide their own PC(s), monitor and printer. . District staff will have their own Nextel phone. . City will provide basic PC support and access to the large plotter when needed. . District will not be in City's network at this time except for accessing the internet. . District will access their applications, files, and databases through remote connection to their desktops at District's main office. . District and City will evaluate the need for District to access Amanda system. In that case, City will add their workstations to our network and provide access. City will provide basic mail, fax and copier services as needed. The overall IT maintenance and support costs for these services in minimal. Approximate cost $40 per month or $480 per year. COUNCIL MEETING DATE: DECEMBER 4th, 2007 ITEM #: ~~_..- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Resolution to declare real property parcel No. 092104-9021-08, commonly known as the AMC Theatre Site, as surplus property. POLICY QUESTION: SHOULD THE CITY COUNCIL DECLARE REAL PROPERTY PARCEL NO, 092104-9021-08, COMMONLY KNOWN AS THE AMC THEATRE SITE, AS SURPLUS PROPERTY AND AUTHORIZE ITS DISPOSAL AND SALE TO UNITED PROPERTIES, LLC. CATEGORY: D Consent D City Council Business D Ordinance [gI Resolution D D Public Hearing Other .~!~_!!!_~!>>'Q~!_~.Y..:R~~!9~g!~~~~!?~.2~!.9~~:!!2..~~~..Y..._.._._._..._.._.._...._....__..~~..~~_:.._~~~_._...._.._.___._.____.._.____....__..__._....__. The City of Federal Way currently owns real property parcel no. 092104-9021-08, commonly known as the AMC Theatre Site (the "Property"). On March 12,2007, the City issued a Request for Qualifications ("RFQ") seeking qualified buyers who would be willing to satisfy the City's conditions and expectations for development of the Property. United Properties, LLC, responded to the RFQ and the City accepted the concept of the Proposal. Concurrently with this resolution, staff will present the Real Property Purchase and Sale Agreement (with Development Covenants) for City Council approval. The Purchase and Sale Agreement includes a provision that United Properties, LLC, shall dedicate approximately 35,000 square feet of the Property to the City for a public park. Attachments: Proposed Resolution. Options Considered: 1. Approve the proposed resolution declaring real property parcel No. 092104-9021-08, commonly known as the AMC Theatre Site, as surplus property. 2. Deny the proposed resolution declaring real property parcel No. 092104-9021-08, commonly known as the AMC Theatre Site, as surplus property. STAFF RECOMMENDATION: Approve Option I, CITY MANAGER ApPROVAL: Nj-A. omnuttee DIRECTOR ApPROVAL: #ee fft1L Council PROPOSED COUNCIL MOTION: HI move approval of Option _ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # K:\Agenda Item\Council\2007\Agenda Bill Surplus AMC Theatre Site.doc RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DECLARING REAL PROPERTY PARCEL NO. 092104-9021-08, ALSO KNOWN AS 31600 20th AVENUE SOUTH AS SURPLUS AND AUTHORIZING ITS DISPOSAL AND SALE TO UNITED PROPERTIES, LLC WHEREAS, the City of Federal Way owns real property known as parcel number 092104- 9021-08, located at 31600 20th Avenue South (the "Property"); and WHEREAS, the City Council has determined that the Property is no longer necessary for public use and does not serve the best interests of the citizens; and WHEREAS, the Property is surplus to the needs of the City of Federal Way; and WHEREAS, City Council Resolution No. 93-156, Section 4 specifies that the fair market value will be determined by an appraisal; and WHEREAS, the City Council finds that it is in the best interest ofthe public to transfer the Property to United Properties, LLC, for development as designated in the Request for Qualifications for Mixed-Use Redevelopment; and WHEREAS, in consideration ofthe sale, transfer, conveyance, assignment and delivery of the Property, United Properties LLC shall pay the City of Federal Way a total purchase price of Six Million One Hundred Fifty-Six Thousand Dollars and Noll 00 Dollars; and WHEREAS, United Properties, LLC, shall dedicate approximately 35,000 square feet ofthe Property to the City for a public park; Res. #_, Page I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Property Declared Surplus. Parcel No. 092104-9021-08, located at 31600 20th Avenue South is declared surplus to the needs ofthe City of Federal Way. Section 2. Disposition of Surplus Property. Staff, under direction ofthe City Manager or his designee, has negotiated a proposed Purchase and Sale Agreement for City Council Approval. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Res.#_____,Page2 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2007. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. k:\reso\2007\surplus Parcel No. 092104-9021-08 - Symphony Project Res. #_, Page 3 COUNCIL MEETING DATE: December 4,2007 . .............................................................................................................H............. .................................................. ITEM#: 7(1 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Purchase and Sale Agreement for Former AMC Theaters Site. POLICY QUESTION: Review and approval of the Purchase and Sale Agreement, with development covenants, with United Properties, Ltd., to purchase and develop the former AMC Theaters site. COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent IZI City Council Business D Ordinance D Resolution D D Public Hearing Other STAFF REpORT By: PATRICK DOHERTY .............._ .....m ....................................H.._._...._.......... ................................. ................................................ DEPT: CITY MANAGER Background: The former AMC Theaters site was purchased by the City in January of 2007. A Request for Qualifications (RFQ) for redevelopment of the former AMC Theaters site was issued on March 12,2007, with submittals due April 9, 2007. Seven submittals were received. Three respondents were selected to present proposals in response to an RFP. Two finalists submitted proposals on 6/18/07: United Properties of Vancouver, BC and Alpert Capital, Ltd., of Seattle and Dallas. Both respondents made public presentations of their proposals at a Special City Council meeting on 6/21/07 that included opportunities for public question and comment, followed by initial City Council deliberations. On 7/3/07 the City Council continued deliberations, and selected United Properties to begin exclusive negotiations with, leading to a proposed Purchase and Sale Agreement, including development covenants, that would be presented to City Council for final approval. Summary of Purchase and Sale Agreement Provided here is a brief summary of the most salient components of the attached Purchase and Sale Agreement: Article 1. Purchase and Transfer of Assets. Provides for the basic foundations of the Agreement: 1) purchase by United Properties of the site, and 2) development of the four-tower, mixed-use project and park as proposed in response to the RFP. Article 2. Purchase Price. Describes the purchase price, totaling up to $6,156,000, payable in two installments: $3,935,000 upon closing and $2,056,000 upon issuance of final Certificate of Occupancy for the Phase 1 Tower. An additional payment of $96,195 will be owing at final Certificate of Occupancy for the Phase 1 if the Buyer not has not secured a binding commitment from Highline Community College to occupy a portion of the project for its Federal Way satellite campus; similarly, an additional payment of $68,805 will be owing at final Certificate of Occupancy for the Phase 1 if the Buyer not has not secured a binding commitment from a daycare provider to occupy a portion of the project. Article 3, Representations and Warranties of the Parties. Discloses the status of each Party to enter into the Agreement, applicable disclosures and/or claims by each Party, condition of the property, etc. Article 4. Title, Exceptions, Conditions, Covenants and Reservations. This section lays out the following important elements: . Title to the property . Easements: o Transit o Public access to Symphony Park o Safe Cities equipment maintenance o Construction easement that provides for partial encroachment onto Symphony Park to complete Phase 2 tower. . Development covenants laying out: o Project development scope and description o Safe Cities participation o Phased construction o Lifetime of permits and vesting o Design guidelines o Public parking o Development Standards o Frontage improvements o Symphony Park maintenance agreement o Symphony Park use agreement o Accommodations for Highline Community College o Property tax exemption o Expedited permitting o Construction traffic mitigation plan o Need to pay school impact fees and their timing o Need to pay traffic impact fees and their timing o Issuance of temporary or phased occupancy permits o Public art in Symphony Park Article 5. Inspections. Allows for Buyer's inspection of the property. Article 6. Covenants of Seller Pending Closing. Ensures that the City will take all reasonable measures to fulfill covenants prior to closing. Article 7. Covenants of Buyer Pending Closing. Ensures that United Properties will take all reasonable measures to fulfill covenants prior to closing. Article 8. Conditions Precedent to Buyer's Obligations. Ensures that United Properties will take all reasonable measures to fulfill other obligations related to the property purchase prior to closing. Article 9. Conditions Precedent to Seller's Obligations. Ensures that the City will take all reasonable measures to fulfill other obligations related to the property purchase prior to closing. Article 10. Closing. Establishes the closing date as the sooner of the issuance of the excavation/grading/foundation permit or 270 days from the effective date of the Agreement. Article 11. Termination and Default. Establishes the consequences for at-fault termination of the Agreement by either of the Parties. Article 12. Condition ofthe Property, Indemnity. Provides that the City makes no express representations or warranties regarding the condition of the property, that Buyer purchases the property "as is, where is," and that the City is held harmless against any future breach of contract by Buyer. Article 13. Miscellaneous Provisions. Numerous legal and contractual provisions. In addition, the Agreement contains 15 Exhibits, designated Exhibits A through 0 which may be briefly described as follows: Exhibit A - Legal Description of Property Exhibit B - Listing of Personal Property Exhibit C - Project Scope and Description, which includes provisions regarding: o Project description o Criteria for modification of the project o Development standards: o Development schedule o Development program · Ratio of ownership to rental units; currently approximately 650 condos out of approximately 900 units · Amount of residential units, retail space, office space · Symphony Park size and program · Amount of on-site parking · Participation in Safe Cities program o Administrative determinations regarding development standards · Allowance for height modifications to allow for variability in height of towers · Allowance of provision of Symphony Park improvement as credit towards Code- required open space · Allowance for rooftop appurtenances · Allowance for consideration of customized parking dimensions · Allowance for work-live units as a type of commercial use in certain locations o Design Guidelines As well as the following Attachments to this exhibit: o Site Plan o Conceptual Park Plan o Elevation and Rendered Perspective Drawings o Section Drawings o Conceptual Parking Plan o Requirements for Safe Cities Program o . Design Guidelines o RFQ o Development Schedule Exhibit D - Certificate of Non-Foreign Status Exhibit E - Transit Easement Exhibit F - Site Plan and Easement for Public Ingress and Egress Exhibit G - Easement for Maintenance of Safe Cities Systems and Equipment Exhibit H - Statutory Warranty Deed - Symphony Park Exhibit I - Joint Symphony Park Maintenance Agreement Exhibit J - Joint Symphony Park Use Agreement Exhibit K - Payment Bond for deferred partial payment of purchase price Exhibit L - Statutory Warranty Deed - Property Exhibit M - Temporary Construction Easement Exhibit N - Performance and Maintenance Bond - Park and Frontage Improvements, for Phase I Exhibit 0 - Performance and Maintenance Bond - Frontage Improvements, for Phases II-IV Options to Consider: 1. Approve the Purchase and Sale Agreement with United Properties and authorize the City Manager to execute the Agreement. 2. Approve the Purchase and Sale Agreement with United Properties with the following changes and authorize the City Manager to execute the Agreement: 3. Other action. STAFF RECOMMENDATION: Option 1. CITY MANAGER ApPROVAL: Nk Committee DIRECTOR ApPROVAL: ;vA- Committee COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move to approve the Purchase and Sale Agreement with United Properties and authorize the City Manager to execute the Agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # REAL PROPERTY PURCHASE AND SALE AGREEMENT (WITH DEVELOPMENT COVENANTS) THIS REAL ESTATE PURCHASE AND SALE AGREEMENT (this "Agreement") is made and entered into as of the date of mutual execution hereof (the "Effective Date"), by and between CITY OF FEDERAL WAY, a municipal corporation and political subdivision of the State of Washington (the "Seller") and UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company (the "Buyer"). Seller and Buyer shall be referred to herein collectively as the "Parties" and individually as a "Party". The Parties are entering into this Agreement based upon the following: RECITALS A. Seller owns that certain real property located in the City of Federal Way, County of King, State of Washington, commonly called the "AMC Theatre site," and legally described in EXHIBIT A attached hereto and incorporated herein by reference (the "Property"). B. Seller issued a Request for Qualifications ("RFO") on March 12, 2007 seeking qualified buyers who would be willing to satisfy the Seller's conditions and expectations for development of the Property. C. Buyer and its affiliates responded to the RFQ with a written proposal dated June 18, 2007 for a project that they call the "Symphony" development project (the "Proposal"). D. Seller has accepted the concept of the Proposal and wishes to sell the Property to Buyer pursuant to the terms of this Agreement; and E. Buyer desires to purchase the Property under the terms and conditions set forth in this Agreement. AGREEMENT Now, THEREFORE, in consideration of the promises, agreements and mutual covenants contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: ARTICLE 1. PURCHASE AND TRANSFER OF ASSETS 1.1 PURCHASE ASSETS TO BE SOLD, CONVEYED, ASSIGNED AND TRANSFERRED. Subject to and upon the terms and conditions set forth in this Agreement, Seller shall sell, convey, assign, transfer and deliver to Buyer on the Closing Date (as hereinafter defined in City's Response 11/28/07 -1- SECTION 10.1 of this Agreement) and Buyer shall buy, assume and accept from Seller on the Closing Date the following assets and the Property in their present "as is" condition: 1.1.1. The Property, the legal description of which is attached hereto as EXHIBIT A; and 1.1.2. All of Seller's right, title and interest in and to tangible personal property, if any, owned by the Seller and attached, appurtenant to or used in connection with the Property, a listing of which is attached as EXHIBIT B (the "Personal Property"); and 1.1.3. All of Seller's tenements, hereditaments, easements and rights appurtenant to the Property including but not limited to, all of the Seller's right, title, and interest in and to streets, alleys or other public ways adjacent to the Property, easements for public utilities and all other purposes, all sewers and service drainage easements, all rights of connection to the sewers and water system, and all rights of ingress and egress, and all leases, licenses, government approvals and permits affecting the Property. Hereinafter, the items listed in Section 1.1 are collectively referred to as the "Purchased Assets." 1.1.4. The Purchased Assets shall be incorporated by Buyer in a real property development project on the Property that consists generally of the construction of 4 mixed use residential and retail buildings, an associated parking garage and a park commonly referred to in the Project documents as "Symphony Park." (the "Park"). Buyer has referred to this proposed construction as the "Symphony Development Project" or "Symphony." (hereinafter referred to as the "Project"). Buyer intends to submit an application to divide the Property into five (5) separate parcels pursuant to a binding site plan. Seller acknowledges that the Property may be divided into five (5) separate parcels pursuant to a binding site plan consistent to the procedures and criteria of the FWCC. The Parties agree that Buyer intends to construct one mixed use residential and retail tower on each of four separate parcels and the Park on the fifth parcel, all as identified and described in EXHIBIT C to this Agreement. In addition, Buyer intends to construct upon the Property an associated parking garage and intends to develop the Project in the following four phases: (i) Phase 1 will consist of the construction of one of the 4 towers within the Project, the Park and a portion ofthe parking garage with enough parking to satisfy the minimum parking requirements for the tower, and the Park, and (ii) Phase 2, Phase 3 and Phase 4 will each consist of the construction of one of the remaining towers and an additional portion of the parking garage. The four towers to be constructed are identified as: (i) "Tower A" (the structure to be located upon the parcel platted from the south-west comer of the Property), and (ii) "Tower B" (the structure to be located upon the parcel platted from the south-east comer of the Property), City's Response 11/28/07 -2- and (iii) "Tower C" (the structure to be located upon the parcel platted from the northwest comer of the Property), and (iv) "Tower D" (the structure to be located upon the parcel platted from the northeast comer ofthe Property)(collectively: the "Towers"). The Parties agree that the Project, when completed, will capture the spirit and intent set forth in the Request for Qualifications ("RFQ"). Buyer shall construct the Project in the manner detailed and described in EXHIBIT C (the "Proiect Scope and Description"), which Exhibit shall be separately executed by the Parties at such time as they reach agreement on the terms of such EXHIBIT C pursuant to Section 8.1 and Section 9.3. ARTICLE 2. PURCHASE PRICE 2.1. PURCHASE PRICE AND PAYMENT. In consideration of the sale, transfer, conveyance, assignment and delivery of the Purchased Assets, Buyer shall pay to Seller a total purchase price of Six Million One Hundred Fifty-Six Thousand and No/IOO Dollars in currency of the United States of America (US$6,156,OOO.OO) (the "PURCHASE PRICE"), payable as follows: 2.1.1. Three Million Nine Hundred Thirty-Five Thousand and No/100 Dollars (US$3,935,OOO.00) shall be paid in cash at "Closing" [as defined in this Agreement] on the Closing Date; and 2.1.2. Two Million Fifty-Six Thousand and No/100 Dollars (US$2,056,OOO.OO) shall be deferred in consideration for completion of the Park in Phase 1, and paid when, and as a condition precedent to issuance of, a final Certificate of Occupancy for the Phase 1 Tower of the Project. The deferred payment shall be secured by a Payment Bond provided for in Section 10.5.4. 2.1.3 An additional Ninety-Six Thousand One Hundred Ninety-Five and No/100 Dollars (US$96,195) shall be deferred and paid when the final Certificate of Occupancy for the Phase 1 Tower of the Project is issued, unless the Buyer has received a binding commitment from Highline Community College, or another educational institution. If the Buyer has obtained such binding commitment, the Seller will waive payment of said sum. 2.1.4 An additional Sixty-Eight Thousand Eight Hundred Five and No/lOO Dollars (US$68,805) shall be deferred and paid when the final Certificate of Occupancy for the Phase 2 Tower of the Project is issued, unless the Buyer has received a binding commitment from a day care provider. If the Buyer has obtained such binding commitment, the Seller will waive payment of said sum. 2.2. ALLOCATION OF PURCHASE PRICE. Seller and Buyer agree that the entire Purchase Price is allocable to the Property and that the value of the Seller's Personal Property, if City's Response 11/28/07 -3- any, is de minimus and no portion of the Purchase Price is allocated thereto. 2.3. EARNEST MONEY. Buyer has delivered to Seller a certified cashier's check in the sum of One Hundred Thousand Dollars (US$IOO,OOO.OO) as the earnest money deposit required by the RFP (the "Earnest Money"). Subject only to the terms of this Agreement relating to the return of the Earnest Money (or any portion thereof) to Buyer, the Earnest Money shall be held pursuant to the terms of this Agreement and upon Closing, the Earnest Money shall be credited against the cash portion of the Purchase Price. ARTICLE 3. REPRESENTATIONS AND WARRANTIES OF THE PARTIES 3.1. WARRANTIES AND REPRESENTATIONS OF SELLER. Seller represents and warrants as follows: 3.1.1. Authority of Seller. The Seller is a municipal corporation and subdivision of the State of Washington duly organized, validly existing and in good standing under the laws of the State of Washington. Seller has all requisite corporate power and authority to carry on its business as it is now being conducted in the places where such businesses are now conducted. 3.1.2. Execution, Delivery and Performance of Agreement, Authority. The execution, delivery and performance of this Agreement by Seller: (i) is within the powers of Seller as a municipal corporation, (ii) has been or will be on or before the Closing Date, duly authorized by all necessary action of the City of Federal Way City Council (the "City Council"), and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ, judgment, decree, agreement or award to which the Seller is a party to or which is presently in effect and applicable to Seller. This Agreement constitutes the legal, valid and binding obligation of Seller enforceable against Seller in accordance with the terms thereof. 3.1.3. Assessments. There is no pending, or to Seller's knowledge, any contemplated local improvement district or other special assessment or charge with respect to the Property, except as may be disclosed in the Title Commitment described in Subsection 4.1.1 of this Agreement. 3.1.4. Full Disclosure by Seller. No representation or warranty by Seller in this Agreement, or in any instrument, certificate or statement furnished to Buyer pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or fail to state a material fact which is necessary to make the statements set forth therein not false or misleading. 3.1.5. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of Seller in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent or similar intermediary is entitled to any broker's, finder's or similar City's Response 11/28/07 -4- fee or commission in connection with this Agreement based on an agreement, arrangement or understanding with Seller or any action taken by Seller. 3.1.6. Contracts. There are no contracts or other obligations outstanding for the sale, exchange, transfer, lease, rental or use of the Property or any portion thereof. 3.1. 7. Future Agreements. From and after the Effective Date, unless this Agreement is terminated in accordance with its terms, Seller shall not enter into any agreement, contract, commitment, lease or other transaction that affects the Property in any way without the prior written consent of Buyer. 3.1.8. Claims. Seller has not received and Seller has no knowledge of any pending or threatened claims or lawsuits affecting or concerning the Property or that could adversely affect Seller's ability to complete the sale contemplated by this Agreement; 3.1.9. Violations of Law. Seller has received no written notice of, and it has no knowledge of, any violation of any applicable zoning regulation, ordinance or law (including environmental laws) affecting or relating to the use, condition, or occupancy ofthe Property. 3.1.10. Foreign Person. Seller is not a foreign person and is a "United States Person" as such term is defined in Section 7701 (a) (30) ofthe Internal Revenue Code of 1986, as amended (the "Code") and shall deliver to Buyer prior to the Closing Date, an affidavit, as set forth in EXHIBIT D ("Certificate of Non-Foreign Status") evidencing such fact, and such other documents as may be required under the Code. 3.1.11. Seller's Knowledge. Any and all representations or warranties based on Seller's knowledge are made to, and limited by, the present, actual knowledge of the following employees of the City of Federal Way: Neal Beets, City Manager; Iwen Wang, Assistant City Manager; and/or Cary Rowe, Assistant City Manager ("Seller's Speaking Agents"), and no others. None of Seller's Speaking Agents have made any inquiries or investigations with respect to Seller's representations and warranties prior to the making thereof and have no duty to undertake the same. 3.1.12. Condition of Property. Seller makes no representations or warranties regarding the Property or its condition other than those specified in this Agreement. Buyer shall take and receive the Property in its "as is" condition on the Closing Date, and Buyer shall rely only upon its own pre-closing inspections, investigations, evaluations and feasibility studies. 3.1.13. Approval of Project. Seller has participated in the establishment of the scope and description of the Project as set forth on EXHIBIT C and has expressly approved the concepts thereof. 3.2. BUYER REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer represents and warrants for benefit of Seller as follows: City's Response 11/28/07 -5- 3.2.1. Organization. Buyer is a Washington limited liability company, organized under the laws of the State of Washington and is validly existing and qualified to do business in the State of Washington. Subject to the assignment provisions contained in Section 13.13, Buyer will remain legally and financially liable to perform all obligations set forth in this Agreement until the Project is completed. Buyer has all requisite power and authority to purchase and own the Property, develop and construct the Project and perform all of its obligations under this Agreement. 3.2.2. Execution, Delivery and Performance of Agreement, Authority. The execution, delivery and performance of this Agreement by Buyer (i) is within the powers of Buyer as a Washington limited liability company, (ii) has been or will be on or before the Closing Date, duly authorized by all necessary action of the Buyer's legislative authority, and (iii) does not and will not violate any provision of any law, rule, regulation, order, writ, judgment, decree or award to which the Buyer is a party to or which is presently in effect and applicable to Buyer. This Agreement constitutes the legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with the terms hereof. 3.2.3. Full Disclosure by Buyer. No representation or warranty by Buyer in this Agreement or in any instrument, document, certificate or statement furnished to Seller pursuant hereto, or in connection with the transactions contemplated hereby, contains or will contain any untrue statement of a material fact or fail to state a material fact which is necessary to make the statements set forth therein not false or misleading. 3.2.4. No Broker. No broker, finder, agent or similar intermediary has acted for or on behalf of Buyer in connection with this Agreement or the transactions contemplated hereby, and no broker, finder, agent, or similar intermediary is entitled to any broker's, finder's or similar fee or commission in connection with this Agreement based on an agreement, arrangement, or understanding with the Buyer or any action taken by the Buyer. ARTICLE 4. TITLE, EXCEPTIONS, CONDITIONS, COVENANTS AND RESERVATIONS 4.1. TITLE. Seller shall deliver to Buyer good and marketable title, free and clear of all liens, defects and encumbrances except for the Reserved Easements (as described in Section 4.4 of this Agreement), the Development Covenants (as described in Section 4.5 of this Agreement), and the Permitted Exceptions (as described in Subsection 4.1.3 of this Agreement) and any lien or other encumbrance created by the terms of this Agreement. 4.1.1. Title Commitment. Buyer shall secure a Preliminary Commitment for ALTA Extended Owner's Title Insurance (herein the "Title Commitment") for the benefit of Buyer in the amount of the Purchase Price, underwritten by the following title insurance company (herein the "Title Company"): Chicago Title Insurance Company City's Response 11/28/07 -6- 701 Fifth Avenue, Suite 3400 Seattle, Washington 98104 Attention: Daryl Savidis or Dave Campbell Tele: (206) 628-5610 Fax: (206) 628-9717 E-Mail: daryl.savidis@ctt.com David.Campbell@ctt.com The Title Commitment shall describe the Property, listing Buyer as the prospective named insured and shall show as the policy amount the total Purchase Price for the Property, and shall show the status of the title of the Property and shall commit the Title Company to issue an ALTA Extended Owner's Title Policy to Buyer in the amount of the Purchase Price as required by the terms of this Agreement. The Title Company shall deliver a copy of such Title Commitment with legible copies of all documents listed therein to Sellers. Seller shall execute such owner's affidavits as the Title Company may require to remove the standard printed exceptions for lien rights, parties in possession and other matters typically removed by such owner's affidavits for Extended Owner's Title Insurance. 4.1.2. Survey. Buyer shall have the option, at its sole expense, to have prepared and furnished to the Title Company, Buyer and Seller a survey (the "Survey") of the Property prepared by a licensed public surveyor. 4.1.3. Review of Title Commitment and Survey. Buyer shall have until the later of: (a) thirty (30) days after the Effective Date, and (b) fourteen (14) days after receipt of (i) the last dated Title Commitment or any supplement thereto, with legible copies of all documents listed therein, and (ii) the Survey, if the same has been obtained by Buyer (the "Review Period") in which to notify Seller in writing of any objections Buyer has to any matters shown or referred to in the Title Commitment or Survey, provided that Buyer may not object to matters that will not materially adversely affect Buyer's ability to construct the Project (the "Title Obiections"). Any exceptions or other items that are set forth in the Title Commitment or the Survey and to which Buyer does not object within the Review Period shall be deemed to be permitted exceptions ("Permitted Exceptions"). With regard to the Title Objections to which Buyer does object within the Review Period, Seller shall deliver written notice to Buyer within ten (10) days after Seller receives Buyer's notice of the Title Objections of any exceptions to the title reflected in the Title Commitment or items on the Survey which Seller is not willing or able to remove or otherwise resolve, and Buyer may, at Buyer's option, either waive the Title Objections not cured or Buyer may terminate this Agreement by written notice to Seller, in which event the Earnest Money shall be refunded to Buyer and neither party shall have further duties hereunder. Notwithstanding the foregoing, all monetary liens or encumbrances shall be paid by Seller at Closing. 4.1.4. Challenge to Conveyance. Although the Project is not a joint development or a joint undertaking by the Parties and there is no partnership or joint venture City's Response 11/28/07 -7- relationship contemplated, assumed or anticipated, the Parties recognize that development projects such as the Project may become controversial in the eyes of the public. If a lawsuit is filed at any time by a non-affiliated third party against Seller or Buyer or both challenging the conveyance contemplated by this Agreement on any grounds, then each Party shall vigorously defend the ability of the Parties to carry out the terms of this Agreement and the Project contemplated herein and each Party shall cooperate with the other in such defense. Seller shall not, however, be required to vigorously defend such a lawsuit to the extent the subject matter of the lawsuit arises from Buyer's failure to comply with the terms of this Agreement, and Seller may seek the remedies available under this Agreement for such failure to comply. If a lawsuit as described in this Subsection 4.1.4 is filed and a Court enters an order, judgment, or injunction that permanently prohibits or voids the conveyance contemplated by this Agreement and any applicable appeal period has expired without an appeal being filed, then either Party may terminate this Agreement and neither party shall have any further rights or obligations to the other, except that Buyer shall be entitled to a full refund of the Earnest Money. Provided, however, that if there is an appeal of such order, judgment, or injunction then each named Party shall continue to vigorously defend and cooperate in the manner required in this Subsection 4.1.4 prior to such appeal, and the decision to terminate this Agreement must be mutual. In the event of a mutual termination under this provision, Seller shall refund the Earnest Money to Buyer. In the event that Seller elects to terminate under this provision, in addition to the refund of the Earnest Money, Seller shall reimburse Buyer for the actual amounts paid by Buyer to third- parties for the studies, analysis, surveys and other undertakings commissioned by Buyer relating to the examination, evaluation, quantification or specification of any aspect of the Property (the "Third-Partv Costs") and Buyer shall assign and deliver all such reports, analysis, surveys and other documents to Seller, without warranty (the "Third-Party Work Product"). If such lawsuit is filed, the deadlines for Buyer's performance under this Agreement as set forth in the Schedule for the development of the Project or the Closing of the Sale shall be extended until such time as the lawsuit is fully resolved and all appeal periods have expired. This Section shall apply notwithstanding the representations and warranties ofthe Parties in Article 3 ofthis Agreement. 4.2. OWNER'S TITLE INSURANCE POLICY. At Closing, Buyer shall receive an extended coverage owner's policy of title insurance to be issued by the Title Company in the full amount of the Purchase Price, effective as of the Closing Date, in such form as may be specified by Buyer, with such endorsements as may be specified by Buyer, insuring Buyer that the fee simple title to the Property is vested in Buyer, subject only to the usual printed exceptions contained in such title insurance policy, to the Permitted Exceptions and such easements and covenants provided for in Sections 4.4 and 4.5 of this Agreement and attached to the Deed, and to any other matters approved in writing by Buyer. City's Response 11/28/07 -8- 4.3. CONVEYANCE. Seller shall convey to Buyer the title to the Property by Statutory Warranty Deed ("Deed"), subject to the Permitted Exceptions and such easements and covenants provided for in Sections 4.4 and 4.5 of this Agreement or otherwise approved in writing by Buyer, in the form attached hereto as EXHIBIT L. 4.4. RESERVED EASEMENTS. Seller shall reserve the following easements in the Deed: 4.4.1. Transit Easement. Seller shall reserve a Transit Easement for limited public transportation ingress and egress on Symphony Lane for such vehicles as circulator shuttles, transit access vans, jitneys, etc. Provided, in no event shall Symphony Lane be used for general traffic circulation nor circulation of regular or fixed-route transit coaches. The terms of this Transit Easement shall be negotiated between the Parties as specified in Section 8.1 and Section 9.3. The Transit Easement shall be attached to this Agreement and incorporated herein as EXHIBIT E. 4.4.2. Easement for Public Ingress and Egress to Symphony Park. Seller shall reserve an easement for public ingress and egress to the Park at locations described in the site plan included as part of EXHIBIT F. The terms of the "Public Ingress and Ingress Easement" shall be negotiated between the Parties as specified in Section 8.1 and Section 9.3. The Public Ingress and Egress Easement shall be for the exclusive purposes of providing access to the Park during Park operating hours only, subject to such reasonable rules and regulations regarding such use as may be specified by Buyer, its successors or assigns from time to time. The Public Ingress and Ingress Easement shall be attached to this Agreement and incorporated herein as EXHIBIT F. The Public Ingress and Egress Easement shall include the right of the public to utilize the public restrooms in Tower B or another adjacent tower in the Project as mutually agreed upon by the Parties during the Park's open hours. 4.4.3. Easement for Maintenance of Safe Cities Systems and Equipment. Seller may reserve an easement in, upon, under and adjacent to the Project for maintenance, repair and replacement of "Safe Cities" systems and equipment. The terms of this Systems and Equipment Maintenance Easement shall be negotiated between the Parties as specified in Section 8.1 and Section 9.3. The Safe Cities Systems and Equipment Maintenance Easement shall be attached to this Agreement and incorporated herein as EXHIBIT G. 4.4.4 Conveyance of Symphony Park. Buyer shall convey Symphony Park in fee simple to the City of Federal Way upon completion and issuance of a final Certificate of Occupancy for Phase 1. The conveyance shall be by Statutory Warranty Deed in the form attached hereto as EXHIBIT H. The conveyance shall include the reservation by Buyer of: (a) a permanent Maintenance Easement of approximately ten feet in width along the perimeters of Towers A and B permitting Buyer, its successors and assigns and the respective agents and contractors thereof to maintain, inspect, repair, replace or renovate any portion of Towers A and B located on the City's Response 11/28/07 -9- perimeter of the Park Area and the parking garage that is located adjacent to the Park Area. Provided, the reservation of the easement described in the Deed shall not unreasonably interfere with the use of the Park, including but not limited to special events, and incorporate the Covenant by Buyer, its successors and assigns to promptly restore all elements, which are more particularly identified in EXHIBIT C, of the Park that are disturbed within the Park Area incident to such maintenance, inspection, repair, replacement or renovation; and (b) a permanent utility easement permitting Buyer, its successors and assigns and the respective agents and contractors thereof to inspect, install, maintain, repair and replace utility systems or extensions of existing utility systems, including, water, sewer, septic, power, fuel, and communication lines and related facilities over, upon and across the Park Area for the benefit of the Towers located on the perimeter of the Park Area and the underground parking garage that is constructed around the perimeter of the Park Area.; Provided, that any and all such installed utility systems shall be underground, no utility lines shall be permitted to cross above Symphony Park or encroach upon the airspace of Symphony Park, and all elements, which are more particularly identified in EXHIBIT C, of the Park that are disturbed within the Park Area incident to such reserved use shall be promptly restored to the condition existing prior to such inspection, installation, maintenance, repair or replacement of such utility systems. 4.4.5. CONSTRUCTION EASEMENT. Buyer and Seller agree that the Project will be completed in phases and that during the course of construction of the Project, Buyer may utilize portions of the Park Property to: (i) stage, store, maintain, prepare and utilize material for the construction of Tower A and Tower B of the Project, the parking garage and associated improvements to be constructed as part of the Project, and (ii) place, use and operate overhead tower cranes incident to the construction of Tower A and Tower B of the Project, and (iii) use and operate overhead tower cranes incident to the construction of Tower C and Tower D of the Project, with the covenant and agreement that upon the termination of the exercise of these easement rights, Buyer shall forthwith commence and complete with reasonable speed the final improvements to the Park as required by the terms of EXHIBIT C hereto. In recognition of the reasonable necessity of the construction use of portions of the Park Property for such construction related purposes, Buyer need not complete the components of the Park as specified in EXHIBIT C, that are reasonably impacted by such construction uses, until such time as the construction requirements for the Project as specified in subparagraphs (i) and (ii) hereof are reasonably complete and Buyer and Seller have reasonably determined that the requirement for, and the necessity of the construction easement has terminated; Provided, in the event that construction of the Project is interrupted for a period in excess of sixty (60) days, upon the written request by Seller, Buyer shall forthwith commence and complete with reasonable speed the final improvements to the Park in accordance with EXHIBIT C. The parties agree that the Performance Bond to be posted as EXHIBIT N hereof will be partially exonerated from time to time based upon the extent to which the Park improvements are completed; however until such time as the parties agree to terminate the construction easement as specified in subparagraphs (i) and (ii) hereof, a portion of said bond City's Response 11128/07 -10- shall be retained in an amount equal to the estimated costs to complete the portions of the Park improvements that are subject to the Construction easement in accordance with EXHIBIT C. Buyer shall not be deemed in breach of this Agreement for delaying the final completion of the Park improvements that are subject to the Construction Easement specified in this Section 4.4.5. The form of the Construction Easement to be executed by Seller and Buyer is attached hereto as EXHIBIT M. 4.4.6. Conveyance of Reserved Easements. All easements described in this Section 4.4 shall be conveyed and recorded at the time of, and as a condition precedent to, issuance by Seller of a final Certificate of Occupancy for the entirety of the Phase I portion of the Proj ect. 4.5 DEVELOPMENT COVENANTS. The Deed shall include the following restrictive covenants, which covenants shall run with the land for the sole benefit of Seller and Seller's significant interests in land, both fee and easement adjacent to and in the vicinity of the Property (collectively the "Development Covenants"). Seller and Buyer agree that Seller and its successors in interest shall have standing to enforce the Development Covenants. The Development Covenants shall be enforced with the remedies set forth in Section 11.2 of this Agreement. Buyer and Seller further agree that the Development Covenants may also be enforced by the Parties hereto as a matter of contract through this Agreement, and that the Development Covenants shall be binding obligations on Buyer and Buyer's successors and aSSIgns. Buyer and Seller further agree and declare that the Development Covenants shall bind the Buyer and its successors and assigns and all subsequent owners of any portion of the Property or the Project, and shall benefit and inure to Seller and its successors and assigns, subject to expiration, termination, and modification thereof as specifically provided below. Each and every contract, deed or other instrument hereafter executed conveying any portion or interest in the Property or the Project, including any interest under the Washington Condominium Act, Ch. 64.32 RCW, shall contain an express provision making such conveyance subject to the Development Covenants which are then still in effect, provided however, that any such contract, deed or other instrument shall conclusively be held to have been executed, delivered and accepted subject to the Development Covenants, regardless of whether or not such covenants and conditions are set forth or incorporated by reference in such contract, deed or other instrument. The Parties specifically agree that if any residential or commercial condominium is developed in any tower upon any parcel of the Property, the Deed and the then applicable covenants shall be attached and incorporated as conditions to the declaration, master lease, or other document creating the individual lots created by platting, each of the condominiums, and to any condominium association by-laws. City's Response 11/28/07 -11- Subject to and conditioned upon Buyer's posting of a Performance BondI prior to the issuance the building permit for each phase of the Project, in the form attached hereto as EXHIBIT N for Phase 1, and EXHIBIT 0 for Phases 2, 3, and 4, (i) at such time as Seller issues a temporary Certificate of Occupancy for each residential or commercial condominium unit, Seller shall execute and acknowledge in recordable form a document prepared by Buyer and approved by Seller, whereby the title to each such individual residential or commercial condominium unit in each Phase is partially released from the recorded documents that describe and mandate compliance with the Development Covenants and the Development Standards, and (ii) upon Buyer's satisfaction of the Development Covenants and Development Standards for each Phase of the Project, at such time as Seller issues a temporary Certificate of Occupancy for each Phase of the Project, Seller shall execute and acknowledge in recordable form a document prepared by Buyer and approved by Seller, whereby the title to each Phase for which the temporary Certificate of Occupancy has been issued is partially released from the recorded documents that describe and mandate compliance with the Development Covenants and the Development Standards. Such partial release shall not release the title to each such individual residential or commercial condominium unit from those maintenance and operations obligations that run in perpetuity. 4.5.1. Development Scope and Description Covenant. Buyer shall covenant that the Project, as described in Subsection 1.1.4 hereof and EXHIBIT C shall consist of the design, construction, operation and maintenance of a mixed-use development with housing, and commercial retail, office and other compatible uses as specified herein, including pedestrian oriented, ground level retail and service establishments. The scope and/or elements of the Project may be modified, revised or amended during, and in the normal course of, the regulatory permitting and/or development process, subject to review and approval by the City Manager of Federal Way, or his or her designee, and in all cases shall comply with the Federal Way City Code (the "FWCC") and this Agreement. Provided that Buyer's requested modifications, revisions and/or amendments are in conformance with the FWCC and this Agreement, Seller agrees such review and approval shall not be unreasonably delayed or unreasonably conditioned. The Project will be designed and constructed in accordance with current LEED ND standards. Buyer shall apply for and make every reasonable attempt to attain for the Project certified status or better in the US Green Building Council's LEED ND program for Neighborhood Development; provided Buyer's inability to secure such certified status shall not be deemed a breach of Seller's duties under this Agreement. This covenant shall expire upon the full construction and completion of the Project. Except as specifically provided for to the contrary in this Agreement, the Project shall be designed, constructed, operated and maintained in conformance with the Project scope and description to be attached as EXHIBIT C. 4.5.2 Safe Cities. The Project shall satisfy the program requirements for "Safe Cities" as described in EXHIBIT C to be attached hereto and in effect when a building permit 1 Phase 1 - Performance Bond for Frontage Improvements and Park Improvements Phases 2, 3, and 4 - Performance Bond for Frontage Improvements per phase. City's Response 11/28/07 -12- for Phase I is approved for issuance. Upon the completion of each Phase for which the "Safe Cities" requirements are installed, Buyer shall convey by donation to Seller all systems, equipment and appurtenances installed in the Project to satisfy the "Safe Cities" program requirements. The conveyance by donation shall take place as a condition for Seller's issuance of the final Certificate of Occupancy for each such Phase. Thereafter, Seller shall be exclusively responsible for the repair, maintenance, servicing, monitoring and replacement of any component of the "Safe Cities" program requirements; however, to the extent that a community program is adopted by the property owners benefited by the "Safe Cities" program, Buyer shall pay a pro rata share of the costs for the repair, maintenance, servicing, and replacement of the components of the "Safe Cities" program. 4.5.3. Phased Construction. Buyer shall use all reasonable efforts to construct the Project in accordance with the Development Schedule set forth in EXHIBIT C and Seller agrees to use its reasonable best efforts to work expeditiously to review Buyer's land use applications and permits consistent with the City's legally permissible exercise of discretion in such matters. The Parties contemplate that the Project will incorporate the binding site plan to divide the Property into five parcels as specified in Subsection 1.1.4 hereof and that Buyer shall thereafter develop the Project in four phases: (i) Phase 1 will consist of the construction of one of the 4 towers within the Project, and a portion of the parking garage with enough parking to satisfy the minimum parking requirements for the tower, and the Park, and (ii) Phase 2, Phase 3 and Phase 4 will each consist of the construction of one of the remaining towers on other parcels platted from the Property, and the construction of an additional portion of the parking garage; such construction will be accomplished in accordance with the terms and conditions of this Agreement. The four towers to be constructed are identified as: (i) "Tower A" (the structure to be located upon the parcel platted from the south-west comer of the Property), and (ii) "Tower B" (the structure to be located upon the parcel platted from the south-east comer ofthe Property), and (iii) "Tower C" (the structure to be located upon the parcel platted from the northwest comer of the Property), and (iv) "Tower D" (the structure to be located upon the parcel platted from the northeast comer of the Property). Buyer shall proceed with construction of Phases 2, 3 and 4 unless Buyer determines, in its reasonable business judgment that unfavorable market conditions then exist for construction of the remaining elements of the Project as planned. Modifications to the Development Schedule must be agreed upon by both Parties as set forth in EXHIBIT C. Seller's approval shall not be unreasonably denied, conditioned or delayed. Buyer's decision to delay construction of any Phase due to unfavorable market conditions shall not by itself be grounds for an extension of permits and vesting pursuant to Section 4.5.4. 4.5.4 Lifetime of Permit and Vesting. The Buyer shall substantially complete all improvements depicted in Exhibit C, within six years of the effective date of land use approval or the approval becomes void. If litigation is initiated pursuant to FWCC 22-407, the time limit noted above shall automatically be extended by the length of time between the commencement and final termination of that litigation. Buyer may request a one-time extension prior to expiration of the land use approval. Seller may, at its discretion, grant such extension upon finding that: City's Response 11/28/07 -13- a. Buyer has made substantial progress on the project; and b. Circumstances outside Buyer's control prevent compliance with the titp.e limit noted above; and c. Buyer is requesting an extension of time that is reasonable and commensurate with the remaining work to complete the project; and d. Buyer has demonstrated the ability and commitment to complete the project within the requested extended timeline. 4.5.5. Design Guidelines. Buyer shall covenant to construct the Project in accordance with the Design Guidelines as set forth in EXHIBIT C, subject to such amendments as Seller may reasonably approve. The Design Guidelines shall provide a comprehensive set of design standards specific to the Project, based upon the terms ofthis Agreement. 4.5.6. Public Parking. Buyer shall covenant that Symphony Lane shall at all times remain open to the public for free surface parking. In addition, Buyer shall covenant that those parking spaces, available in the parking garage(s) and not assigned to residential uses, shall be available for use by visitors and users of the Project. Seller shall approve all signage requested by Buyer to identify the public parking within the parking garage. This covenant shall run for the life ofthe Project. 4.5.7. Development Standards. Buyer shall covenant to construct the Project in accordance with the "Development Standards" set forth in EXHIBIT C attached hereto and made a part hereof. The Development Standards shall be established by the Seller in accordance with the FWCC and after consultation with Buyer. Modifications to the Development Standards must be agreed upon by both Parties as set forth in EXHIBIT C. The Development Standards may be changed, amended or modified only as set forth in EXHIBIT C. All changes, amendments or modifications to the Development Standards must comply with the FWCC. Seller agrees to exercise its permissible and reasonable regulatory discretion in reviewing all proposed changes, amendments and modifications consistent with Seller's land use policies and practices. The Development Standards may be partially released during the course of construction of the Project as specified in Section 4.5 hereof. 4.5.8. Frontage Improvements. Buyer shall construct all right-of-way frontage improvements for the Project to be specified in EXHIBIT C to be attached as required by Seller and pursuant to the FWCC. Seller will permit construction of the frontage improvements in phases concurrent with the Project's "Development Schedule" contained in EXHIBIT C. 4.5.9. Symphony Park Maintenance. Pursuant to the provisions of Section 8.1 and Section 9.3 hereof, Buyer and Seller shall enter into a Joint Maintenance Agreement ("JMA") which shall require Buyer to pay fifty percent (50%) ofthe direct cost, including but not limited to personnel, equipment, and supplies whether contracted or in-house, for the care, City's Response] 1/28/07 -14- maintenance, repair, replacement and security of Symphony Park and its systems, equipment, appurtenances and access. Buyer may delegate its duties and responsibilities under the JMA to a homeowner's association (HOA) established to manage and operate the residential units (condominium and apartments) in the project and to a business improvement association (BIA) established for the commercial business owners and tenants of the Project; provided that, (a) the HOA and BIA assume in writing the duties and obligations of Buyer under the JMA and (b) such assignment and assumption will not relieve Buyer of its duties and obligations under the JMA. The JMA shall require and contain standards for a level of care, maintenance, repair, replacement and security that are at least consistent with the minimum requirements of the FWCC and the City's usual and customary park maintenance practices and policies, as amended from time to time. This covenant shall run in perpetuity. The JMA will be attached to this Agreement as EXHIBIT I. 4.5.10. Symphony Park Use Agreement. Pursuant to the provIsIons of Section 8.1 and Section 9.3 hereof, Buyer and Seller shall enter into a Use Agreement to address scheduling, events, programming and use rules for Symphony Park. In order to address appropriate public use and private interests, Seller agrees to collaborate with the HOA and/or BIA regarding the operations of Symphony Park including but not limited to scheduling, events, and programming. This covenant shall run in perpetuity. The form of the Symphony Park Use Agreement will be attached to this Agreement as EXHIBIT J. 4.5.11. Accommodations for Highline Community College. Buyer understands that Seller and Highline Community College (the "College") desire the Project to include office and classroom space for the College to lease. Buyer covenants to negotiate in good faith with the College to accommodate their space and rental rate requirements within Tower B ofthe Project. . 4.5.12. Exemption from Property Tax. The Project is eligible for a partial exemption from property taxation pursuant to Chapter 84.14 RCW and FWCC Chapter 14, Article VII. The application procedure and review process for the exemption are set forth in FWCC Chapter 14, Article VII and Chapter 84.14 RCW. 4.5.13. Expedited Permit Process. Seller agrees to use its reasonable best efforts to work expeditiously to review Buyer's land use and construction applications and permits consistent with the City's legally permissible exercise of discretion in such matters. 4.5.14. Construction Traffic Mitigation Plan. Buyer shall prepare a traffic circulation plan to mitigate traffic circulation and ingress and egress to businesses and residences and the transit center through and around the Property and the area surrounding the Project during construction. Buyer covenants that its development and construction of the Project must not unreasonably affect or impede local traffic in any manner that is reasonably avoidable. To the extent reasonably possible Buyer shall undertake reasonable efforts to mitigate the impacts of traffic and circulation with the goal of minimizing the impact of the construction of the Project upon adjacent businesses, residents, tenants. Seller accepts that the nature and scope of the Project will, by necessity have some impact upon traffic, traffic circulation and uses of the City's Response 11/28/07 -15- surrounding area. Traffic mitigation shall be the sole responsibility of Buyer, without recourse to Seller. 4.5.15. Right of Way Vacation. Seller covenants to vacate and convey to Buyer all public easements and right-of-way within the Property that are no longer needed for public purposes and that may be required or desired by Buyer for the Project. Such vacation shall be processed and accomplished in the manner prescribed by, and subject to the requirements of, the FWCC and applicable law. 4.5.16. School Impact Fees. The school impact fee shall be assessed using the fee schedule then in effect at such time as Buyer submits to Seller a complete application for the issuance of a grading, excavation and shoring permit and/or foundation permit for all or a portion of the Project. The school impact fee shall be assessed for that portion of the Project that is covered by the permit. In the event any remaining portion of the Project is not covered by the permit, the school impact fee shall be assessed using the fee schedule then in effect at such time as Buyer submits a complete building permit application for that portion of the Project remaining. The amount of the school impact fee for each of the Towers of the Project shall be payable and collected from Buyer as required by the FWCC at the time when the building permit for the construction of each tower of the Project is issued. Should Buyer submit an application for adjustment or reduction of the school impact fee, or appeal an adverse decision on such application, Seller agrees that it will defer from taking any position on the appeal or actively participate in such proceeding unless required by law to participate or by lawful order of the hearing examiner, administrative law judge or the court. 4.5.17. Traffic Impact Mitigation Fees. Buyer agrees to pay for traffic impact mitigation pursuant to Section 19-165 of the FWCC in an amount equal to the Seller's cost estimate for improvements required by FWCC Section 18-83, as determined by the Director of the Department of Public Works. Payment for transportation improvements must occur as set forth in Subsection 4.5.18. 4.5.18. Temporary/Phased Occupancy Permits. Buyer may apply for a temporary/phased occupancy permit upon completion of each floor of units in a Tower, including all units and common areas. Prior to issuance of a temporary/phased occupancy permit, Buyer shall pay the proportionate share of traffic impact mitigation fees owing for each floor of the tower. Seller shall not unreasonably delay or withhold approval of temporary/phased occupancy permits, so long as Seller's "Building Official," or his or her designee, has determined that the floor is complete and an alternate construction entrance is available for uncompleted floors. Seller's Building Official, or his or her designee, may deny approval of a temporary/phased occupancy permit, if he or she reasonably determines, through reasonable exercise of regulatory discretion, that conditions exist that create a risk to life, health, or safety. 4.5.19. Public Art. Buyer covenants to include in the Project budget an amount of money equal to two percent (2%) of the total construction cost of Symphony Park, but in ans City's Response 11/28/07 -16- amount not to exceed $25,000, to be set aside and transferred into Seller's "Art in Public Places Fund," as described and provided for in Chapter 2, Article IX, FWCC. 4.6. DEVELOPMENT REQUIREMENTS. In the development of the Property and construction of the Project, Buyer, its successors, designees, and assigns, shall adhere, both as a matter of contract under this Agreement and as a matter of conveyance in compliance with the Reserved Easements and Development Covenants of the Statutory Warranty Deed ("Development Requirements"), with all the terms and conditions contained in this ARTICLE 4 ofthis Agreement. 4.7. DELAYS. Any of the deadlines set forth in this Agreement or any EXHIDIT attached hereto may be extended for a reasonable period of time equivalent to the time period of all delays directly or indirectly resulting from any reasonably unforeseen matter or circumstance beyond the reasonable control of Buyer necessitating a delay in the orderly construction of the towers and other improvements comprising the Project, including without limitation, reasonably unforeseen latent conditions on or affecting the Property, war, acts of terrorism, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, extreme weather conditions, major casualties, acts of God, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, or transportation delays ("Delavs"). ARTICLE 5. INSPECTION 5.1. INSPECTIONS. Seller has provided Buyer with a right of entry and Buyer acknowledges and agrees that Buyer and its designated representatives and agents have had full and unrestricted access to the Property to perform any and all tests, inspections, studies, surveys or appraisals of the Property deemed necessary or advisable, on any subject, to determine to its satisfaction whether the Property is feasible, suitable and acceptable for the Project. Seller has delivered to Buyer copies of all materials related to the Property in its possession that are not subject to attorney-client privilege or prohibited from disclosure by law. In this regard, Buyer understands that Seller recently purchased the Property, has not occupied or used the Property and may not have the material that Buyer seeks. Seller shall be under no obligation to perform and act or create any Property materials for Buyer. The Property is offered for sale by Seller in "as is" condition without any representations or warranted beyond those expressly made in this Agreement. ARTICLE 6. COVENANTS OF SELLER PENDING CLOSING 6.1. CONDUCT, NOTICE OF CHANGE. Seller covenants that between the Effective Date and the Closing Date, Seller shall take all such actions as may be necessary to assure that Seller's representations and warranties set forth in this Agreement will be true and complete as of City's Response 11/28/07 -17- the Closing Date (except such representations, warranties and matters which relate solely to an earlier date), and all covenants of Seller set forth in this Agreement which are required to be performed by it at or prior to the Closing Date shall have been performed at or prior to the Closing Date as provided for in this Agreement. Seller shall give Buyer prompt written notice of any material change in any of the information contained in the representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date, and, so long as Buyer is not in default under this Agreement, Seller shall not take any action or perform any act with regard to the Property that is inconsistent with the terms of this Agreement and/or Buyer's intended development of the Project. ARTICLE 7. COVENANTS OF BUYER PENDING CLOSING 7.1. CONDUCT, NOTICE OF CHANGE. Buyer covenants that between the Effective Date and the Closing Date, Buyer shall take all such actions as may be necessary to assure that the representations and warranties set forth in Article 3 hereof will be true and complete as of the Closing Date (except such representations, warranties and matters which relate solely to an earlier date), and that all covenants of Buyer set forth in this Agreement which are required to be performed by it at or prior to the Closing Date shall have been performed at or prior to the Closing Date as provided for in this Agreement. Buyer shall give Seller prompt written notice of any material change in any of the information contained in the representations and warranties made in Article 3 or elsewhere in this Agreement which occurs prior to the Closing Date. ARTICLE 8. CONDITIONS PRECEDENT TO BUYER'S OBLIGATIONS All obligations of Buyer hereunder are subj ect to the fulfillment of each of the following conditions at or prior to the Closing Date. These covenants are for the benefit of Buyer, who may waive any or all of them: 8.1. DEED, RESERVED EASEMENTS AND DEVELOPMENT COVENANT CONTINGENCY. Seller and Buyer agree that no later than ninety (90) days after the Effective Date, or a longer period as may be agreed to in writing by the Parties, they shall have agreed to the form of Statutory Warranty Deed, the EXHIBITS, the Development Covenants and the Reserved Easements (as generally specified in Section 4.4 and 4.5 hereof) and all other related agreements, schedules and exhibits referenced in this Agreement. 8.2. DELIVERY OF DOCUMENTS. Seller shall have delivered to escrow at or prior to Closing all documents required by the terms of this Agreement to be delivered by Seller. 8.3. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations, warranties and covenants of Seller contained herein or in any document delivered pursuant hereto City's Response 11/28/07 -18- shall be true and correct in all material respects when made and as of the Closing Date. 8.4. OBLIGATIONS. All obligations required by the terms of this Agreement to be performed by Seller at or before the Closing Date shall have been properly performed in all material respects. 8.5. TITLE. Any and all matters shown or referred to in the Title Commitment to which Buyer has objected within the time specified in Subsection 4.1.3 hereof shall have been cured by Seller as required by this Agreement, unless such objections have been waived by Buyer. The Title Company shall be irrevocably committed to issue the extended coverage owner's title insurance policy as provided herein as ofthe Closing Date. 8.6. ApPROVAL OF COUNSEL. Buyer's counsel shall have approved this document and the transaction provided for herein. 8.7. CONDEMNATION. No portion of the Purchased Assets shall have been taken or damaged by any public or quasi-public body, nor shall any such action be pending, and Seller shall not have transferred any portion of the Purchased Assets to any such body in lieu of condemnation. 8.8. BUYER'S CONTINGENCIES. Buyer shall have satisfied or waived Buyer's Contingencies as provided herein. ARTICLE 9. CONDITIONS PRECEDENT TO SELLER'S OBLIGATIONS All obligations of Seller to close on the Closing Date are subject to the fulfillment of each of the following conditions at or prior to the Closing Date. These covenants are for the benefit of Seller, who may waive any or all of them: 9.1. REPRESENTATIONS, WARRANTIES AND COVENANTS. All representations, warranties and covenants of Buyer contained herein or in any document delivered pursuant hereto shall be true and correct in all material respects when made and as of the Closing Date. 9.2. OBLIGATIONS. All obligations required by the terms of this Agreement to be performed by Buyer at or before the Closing Date shall have been properly performed in all material respects. 9.3. DEED, RESERVED EASEMENTS AND DEVELOPMENT COVENANT CONTINGENCY. Seller and Buyer agree that no later than ninety (90) days after the Effective Date, or a longer period as may be agreed to in writing by the Parties, they shall have agreed to the form of Statutory Warranty Deed, the EXHIBITS, the Development Covenants and the Reserved City's Response 11/28/07 -19- Easements (as generally specified in Section 4.4 and 4.5 hereof) and all other related agreements, schedules and exhibits referenced in this Agreement. 9.4. DELIVERY OF DOCUMENTS. Buyer shall have delivered to escrow at or prior to Closing Date all funds and documents required by the terms of this Agreement to be delivered by Buyer. 9.5. TITLE. The Title Company shall be irrevocably committed to issue the extended owner's policy of title insurance for the full amount of the Purchase Price, effective as of the Closing Date, containing no exceptions other than the Permitted Exceptions. 9.6. ApPROVAL OF COUNSEL. Seller's counsel shall have approved this document and the transaction provided for herein. ARTICLE 10. CLOSING 10.1. CLOSING/CLOSING DATE. The Closing shall take place on the date that the building permit for grading, excavation and shoring and/or foundation for any portion of the Project is issued to Buyer or two hundred seventy (270) days after the Effective Date, whichever date occurs first (the "Closing Date"). Buyer shall give Seller and Escrow Agent five (5) business days' prior written notice of the Closing Date. The Closing Date may be extended only by mutual agreement in writing signed by Seller and Buyer. 10.2. ESCROW. Within three (3) days of the Effective Date of this Agreement, Buyer shall establish an escrow with, and deposit a signed copy of this Agreement with the following entity which shall act as the "Escrow Agent" for the Closing of the transaction described in this Agreement: Scott Smouse Chicago Title Insurance Company 701 Fifth Avenue, Suite 3400 Seattle, Washington 98104 Tele: (206) 628-5693 Fax: (206) 628-9737 Scott.smouse@ctt.com. The Escrow Agent shall serve as Closing Agent for the transaction contemplated herein and the Closing shall occur in the offices of Escrow Agent in Seattle, Washington. The title, right of possession and interest to the Purchased Assets shall pass to Buyer upon the Closing Date and thereafter the risk of loss thereof shall be the responsibility of Buyer. City's Response 11/28/07 -20- 10.3. PRORATIONS. All prorations, unless otherwise specifically provided for herein, shall be made as of the Closing Date. 10.3.1. Closing Costs. Seller shall pay the premium and sales tax thereon, for a standard coverage owner's policy of title insurance. Buyer shall pay the additional premium for extended coverage. Seller and Buyer shall each pay one-half of the escrow fees. Buyer shall pay the recording fees for the deed and its own attorneys' fees. Except as otherwise provided in this Section, all other expenses hereunder shall be paid by the party incurring such expenses. 10.3.2. Taxes. Seller is exempt by law from the payment of real property ad valorem taxes, LIDs and assessments ("Taxes") on the Property. 10.4. SELLER'S DELIVERY OF DOCUMENTS AT CLOSING. At the Closing, Seller will deliver to Buyer the following properly executed documents: 10.4.1. Seller's Certificate of Non-Foreign Status to be attached hereto as EXHIBIT C; 10.4.2. A Statutory Warranty Deed conveying the Property subject to the Easements, Development Covenants, Permitted Exceptions and encumbrances set forth in this Agreement and accompanying excise tax affidavit as set forth in EXHIBIT L; 10.4.3. A conveyance of public easements and right-of-way vacated for the Project under the terms ofthis Agreement. 10.5. BUYER'S DELIVERY OF DOCUMENTS AND PURCHASE PRICE AT CLOSING. At the Closing, Buyer will deliver to Seller the following: 10.5.1. Cash or immediately available funds in the amount of the Purchase Price. 10.5.2. A Payment Bond to secure payment ofthe deferred portion of the Purchase Price as set forth in Section 2.1.2., in the amount of US$2,056,OOO.OO and in the form attached hereto as EXHIBIT K. ARTICLE It. TERMINATION AND DEFAULT 11.1. TERMINATION BY EITHER PARTY WITHOUT FAULT. Either party may terminate this Agreement if a condition to its obligation to consummate the transactions contemplated by this Agreement as set forth in ARTICLES 8 and 9 has not been satisfied within the time periods provided for therein. In that event, if neither party is in default under this Agreement, the Parties shall have no further obligations or liabilities to one another and all documents and earnest money delivered into escrow shall be returned to the appropriate party, provided, however, that if termination occurs as a result of a court ruling as described in Subsection 4.1.4 of this City's Response 11/28/07 -21- Agreement, the resulting obligations, liabilities and refunds owed between the Parties will be as set forth in that Subsection 4.1.4. 11.2. SELLER'S REMEDIES. 11.2.1. In the event that the transaction fails to close on account of Buyer's default, the Earnest Money deposit made by Buyer shall be forfeited to Seller and Seller may pursue the remedies set forth in Section 11.2.2 and 11.2.3.. 11.2.2. In the event of Buyer's default after Closing, Seller shall be entitled to all remedies in law or in equity against Buyer, including without limitation to: 1) compel specific performance by Buyer of its obligations under this Agreement, 2) to restrain by injunction the actual or threatened commission or attempt of a breach of the Development Requirements and to obtain a judgment or order specifically prohibiting a violation or breach of the Development Requirements and 3) an award of damages resulting from violation of the Development Requirements. Notwithstanding the foregoing, Seller shall not be entitled to seek the rescission of the sale of the Property or to otherwise declare this Agreement void and unenforceable. In seeking any equitable remedies, Seller shall not be required to prove or establish that Seller does not have an adequate remedy at law and Seller shall not be required to post any bond as a condition for any injunctive relief. Buyer hereby waives the requirement for a bond and for any such proof and acknowledges that Seller would not have an adequate remedy at law for Buyer's breach ofthe Development Requirements. 11.2.3. Before Seller pursues a remedy against Buyer for breach of the Development Requirements, Seller shall provide written notice specifying the default to Buyer. Buyer shall thereafter have a sixty (60) day period to cure such default (or if such default is not capable of cure within sixty (60) days, such additional period as is reasonably necessary for Buyer to complete such cure, provided that Buyer commences cure within such sixty (60) day period and thereafter diligently pursues it to completion). 11.2.4. No delay in enforcing the Development Requirements as to any breach or violation shall impair, damage or waive the right ofthe Seller to enforce the same or obtain relief against or recover for the continuation or repetition of such breach or violation or any other breach or violation thereof at any later time or times. 11.2.5. Seller's remedies for breach of the Development Requirements shall be binding upon and apply to all successors and assigns of Buyer. 11.3. BUYER'S REMEDIES. 11.3.1. In the event that the transaction fails to close on account of Seller's default, the Earnest Money Deposit made by Buyer shall be returned to Buyer or Buyer may pursue the remedies set forth in Section 11.3.2. City's Response 11/28/07 -22- 11.3.2. In the event of Seller's default after Closing, Buyer may, in lieu of a refund of the Earnest Money Deposit, pursue all remedies in law or in equity against Seller, including without limitation, specific performance.: 1) compel specific performance by Seller of its obligations under this Agreement, 2) to restrain by injunction the actual or threatened commission or attempt of a breach of the Development Requirements and to obtain a judgment or order specifically prohibiting a violation or breach of the Development Requirements and 3) an award of damages resulting from violation of the Development Requirements. Notwithstanding the foregoing, Buyer shall not be entitled to seek the rescission of the sale of the Property or to otherwise declare this Agreement void and unenforceable. In seeking any equitable remedies, Buyer shall not be required to prove or establish that Buyer does not have an adequate remedy at law and Buyer shall not be required to post any bond as a condition for any injunctive relief. Seller hereby waives the requirement for a bond and for any such proof and acknowledges that Buyer would not have an adequate remedy at law for Seller's breach of the Development Requirements. 11.4. OWNERSHIP OF WORK PRODUCT. Upon termination of this Agreement for any reason except the willful and material breach of this Agreement by Seller, to the extent that Buyer has rights therein, Buyer shall assign, transfer and deliver to Seller all Third-Party Work Product, and Seller shall pay Buyer all Third-Party Costs, as described in Subsection 4.1.4. The assignment of the "Third Party Work Product" shall be without any warranties, express or implied, as to all aspects thereof and Buyer shall not be liable for any defects, deficiencies or inaccuracies in such "Third Party Work Product." 11.5 ATTORNEYS FEES. In action or suit by Buyer or Seller by reason of any breach of any of the covenants, conditions, agreements or provisions on the part of the other party arising out of this Agreement, then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit, including reasonable attorneys' fees at trial, on appeal and in connection with any petition for review. ARTICLE 12 CONDITION OF THE PROPERTY; INDEMNITY 12.1. DISCLAIMER. Except for the express representations and warranties in Section 3.1 and in the Statutory Warranty Deed, Seller does not make and specifically disclaims any warranties, express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Purchased Assets and no employee or agent of Seller is authorized otherwise. Without limitation, except as expressly provided in this Agreement, including Article 3 and the Statutory Warranty Deed, Seller does not make any warranties or representations with respect to the structural condition of the Purchased Assets, the area of land being purchased, the existence or non-existence of any Hazardous Substances or underground storage tanks, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Substances, from or into the Purchased Assets, and the compliance or noncompliance of the Purchased Assets with applicable federal, state, county and local laws and regulations, including, without limitation, environmental laws and regulations and seismic/building codes, City's Response 11/28/07 -23- . laws and regulations. Seller has not intentionally withheld any material information concerning Hazardous Substances with respect to the Property. For purposes of this Agreement, the term Hazardous Substances shall mean: "hazardous substance" as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ("CERCLA"); "hazardous waste" as defined by the Resource Conservation and Recovery Act of 1976 ("RCRA") as amended; hazardous wastes, hazardous materials, hazardous substances, toxic waste, toxic materials, or toxic substances as defined in state or federal statutes or regulations; asbestos-containing materials, polychlorinated biphenyls; radioactive materials, chemicals known to cause cancer or reproductive toxicity; petroleum products, distillates or fractions; any substance the presence of which is prohibited by statute or regulation; and any substance for which any statute or regulation requires a permit or special handling in its use, collection, storage, treatment or disposal. 12.2. CONDITION OF PROPERTY AND RELEASE. Buyer acknowledges that it will have conducted a physical inspection and made all investigations Buyer deems necessary in connection with its purchase ofthe Purchased Assets. Upon waiver or satisfaction, Buyer will be deemed to have approved the physical condition of the Property and, subject to the express representations and warranties of Seller in this Agreement, including those contained in Article 3 of this Agreement or the Statutory Warranty Deed, agrees to accept and purchase the same "AS IS, WHERE IS", including, without limitation, the existence or non-existence of any pollutants, contaminants, hazardous waste, dangerous waste, toxic waste, underground storage tanks or contaminated soil, or the actual or threatened release, deposit seepage, migration or escape of such substances at, from or into the Property and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations including, without limitation, environmental laws and regulations. Buyer acknowledges and agrees that, except to the extent of Seller's express representations and warranties in this Agreement, including those in Section 3.2 of this Agreement or the Statutory Warranty Deed, and, except to the extent of any fraud or misrepresentation by Seller, Seller shall have no liability for, and that Buyer shall have no recourse against the Seller for, any defect or deficiency of any kind whatsoever in the Property including without limitation those relating to Hazardous Substances, without regard to whether such defect or deficiency was discovered or discoverable by the Buyer. Following the Closing Date, except to the extent of Seller's express representations and warranties in this Agreement or in the Statutory Warranty Deed and, except to the extent of any fraud, or deliberate misrepresentation by Seller, Buyer shall be deemed to have released Seller from all claims, liability and damages arising from the condition of the Purchased Assets, including its environmental condition, except that nothing in this Agreement shall be deemed to waive any statutory claim for contribution that Buyer might have against Seller under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property during Seller's period of ownership. This paragraph shall survive Closing and be binding upon and benefit the successors and assigns of both Parties. 12.3. PROPERTY ACQUISITION AND DEVELOPMENT. As between Buyer and Seller, Buyer shall be responsible for all of its costs associated with the acquisition of the Property and City's Response 11128/07 -24- for all costs of development of the Property, including without limitation responsibility for all land use approvals, permits, site plan approvals, environmental approvals, and any other governmental approvals necessary for Buyer to develop and construct the Project on the Property. 12.4. INDEMNIFICATION. In addition to and separate from the remedy provisions in Section 11.2, Buyer, its successors, designees and assigns, agrees to protect, defend, indemnify and hold harmless the Seller, its officers, officials, employees and agents, from and against any and all third party claims, actions, causes of action, demands, damages, liabilities, losses, costs and expenses of any kind or nature, including reasonable attorney's fees and costs of mediation, arbitration and litigation (through all appeals), arising from or related to Buyer's breach of its duties and obligations under this Agreement, including without limitation, claims arising from any breach of, or material inaccuracy in, any representation or warranty made by Buyer in this Agreement; any breach, non-performance, or non-fulfillment by Buyer of any agreement, covenant or obligation of Buyer under this Agreement; any violation of law by Buyer or its affiliates; any claim for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such claimant with Buyer (or any of its representatives) in connection with any of the transactions contemplated herein; or any claims related to the organization, business affairs, ownership and operation of the Buyer and its affiliates. ARTICLE 13. MISCELLANEOUS PROVISIONS 13.1. NATURE AND SURVIVAL OF REPRESENT A TIONS AND WARRANTIES. Each statement, representation, warranty, indemnity, covenant, and agreement made by Seller and Buyer in this Agreement or in any document, certificate or other instrument delivered by or on behalf of Seller or Buyer pursuant to this Agreement or in connection herewith shall be deemed the representation, warranty, indemnity, covenant and agreement of Seller and Buyer and shall survive the Closing Date unless a different time period is expressly provided for in this Agreement and all such statements are made only to and for the benefit of the Parties hereto, and shall not create any rights in other persons. 13.2. TIME Is OF THE ESSENCE. Time is ofthe essence in the performance of this Agreement. Whenever any time limit or date provided herein falls on a Saturday, Sunday, or legal holiday under the laws of the State of Washington, then that date is extended to the next day that is not a Saturday, Sunday, or legal holiday. The term "days" as used in this Agreement means any calendar day. 13.3. NOTICES. Any and all notices or other communications required or permitted to be given under any of the provisions ofthis Agreement shall be in writing and shall be deemed to have been duly given upon receipt when personally delivered or sent by overnight courier or two (2) days after deposit in the United States mail if by first class, certified or registered mail, return receipt requested. All notices shall be addressed to the Parties at the addresses set forth below or at such other addresses as any Parties may specify by notice to all other Parties and City's Response 11/28/07 -25- given as provided herein: If to Buyer: Mr. David Setton Vice President United Properties Ltd. Suite 550-2608 Granville Street Vancouver, B.C., V6H3V3 Canada With a copy to: Jerome D. Carpenter Inslee, Best, Doezie & Ryder, P.S. Symetra Financial Center, Suite 1900 777 - 108th Avenue N.E. P.O. Box C-90016 Bellevue, WA 98009-9016 Telephone: (425) 455-1234 FAX: (425) 635-7751 If to Seller: Patricia A. Richardson City Attorney City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 With a copy to: Frederick Mendoza Mendoza Law Center, PLLC PO Box 66890 Burien, W A 98166-0890 13.4. ENTIRE AGREEMENT AND AMENDMENT. This writing (including the EXHffiITS, their schedules and attachments, and other documents incorporated or referenced herein) constitutes the entire agreement of the parties with respect to the subject matter hereof and may not be modified or amended except by a written agreement specifically referring to this Agreement and signed by all parties hereto subsequent to the Effective Date. The parties agree to negotiate in good faith regarding proposed amendments and modifications to this Agreement and the Project; provided that, no provision of this Agreement (save for revisions related matters contained in the EXHIBITS. Reserved Easements and Development Covenants) may be changed, modified or amended without the approval of the Federal Way City Council, which approval cannot be anticipated or assured by the City Manager or any City staff persons. 13.5. SEVERABILITY. In the event any portion of this Agreement shall be found to be invalid by any court of competent jurisdiction, such holding shall not impact or affect the City's Response 11/28/07 -26- remaining provisions of this Agreement unless that court of competent jurisdiction rules that the principal purpose and intent of this contract should and/or must be defeated, invalidated or voided. 13.6. WAIVER. No waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver, and no such waiver shall be deemed a waiver of any prior or subsequent breach or default. 13.7. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of each party hereto, its successors and assigns. 13.8. LEGAL RELATIONSHIP. The Parties to this Agreement execute and implement this Agreement solely as Seller and Buyer. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 13.9. CAPTIONS. The captions of any articles, paragraphs or sections contained herein are for purposes of convenience only and are not intended to define or limit the contents of said articles, paragraphs or sections. 13.10. COOPERATION. Prior to and after the Closing Date the Parties shall cooperate, shall take such further action and shall execute and deliver further documents as may be reasonably requested by the other party in order to carry out the provisions and purposes of this Agreement. 13.11. GOVERNING LAW. This Agreement and all amendments thereof shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made and to be performed therein, without giving effect to its conflicts of law prOVISIons. 13.12. SURVIVAL. The terms and provisions of this Agreement will not merge in, but will survive, the Closing of the transaction contemplated under this Agreement. 13.13 ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without Seller's prior written consent, which shall not be unreasonably withheld, delayed or conditioned in the case of Buyer assigning the Agreement to a limited liability company or other entity of which Buyer is a majority member and so long as the assignee agrees to be bound by the terms and provisions of this Agreement and demonstrates to Seller through suitable documentation that it is financially able to fully perform the terms and provisions of this Agreement. Subject to Seller's prior written consent, which shall not be unreasonably withheld, delayed or conditioned, and upon such assignee's financial qualification to perform the terms and conditions of this Agreement and assumption of Buyer's duties and obligations under this Agreement, Buyer may assign the ownership and the entitlements to construct portions of the Project to a third party. Finally, Buyer may transfer ownership of portions of the Project in accordance with the terms of this Agreement and upon such other terms and conditions as the City's Response 11/28/07 -27- Parties may agree upon to allow end user ownership and/or occupancy of the condominium residential units, office spaces, parking stalls and limited common areas. 13.14. NEGOTIATION AND CONSTRUCTION. This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the Parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. All Parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement, although each party must determine if they wish to obtain and pay for such legal review. Each party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of the terms found in this Agreement. 13.15. VENUE. In the event of any litigation hereunder, the Superior Court of King County, Washington shall have the exclusive jurisdiction and venue. 13.16. THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.17 ORDER OF PRECEDENCE. In the event of a conflict between or among the documents that comprise the "Entire Agreement and Amendments described above in Section 13.4. the conflict shall be resolved by reference to the documents in the following order of precedence: First, the language of this Agreement; second, the contents of Exhibit C and its schedules and attachments; and third the language of the relevant and applicable Reserved Easement or Development Covenant. 13.18. MORTGAGEE PROTECTION. Where the mortgagee of all or any portion of the Property or the beneficiary of a deed of trust, obtains possession as a result of Mortgage foreclosure, or judicial or nonjudicial foreclosure or deed in lieu thereof, such mortgagee shall not be liable for the completion of any performance by Buyer arising under the terms of this Agreement or any exhibits that are attached hereto, provided that any person or entity who acquires the interest of a mortgagee or beneficiary of the deed of trust in the Property shall assume and agree to be bound by the terms ofthis Agreement in connection with any development or construction on the Property. 13.19. AUTHORITY TO ApPLY FOR PERMITS. Seller, as owner of the Property, hereby authorizes Buyer to make and submit applications for land use and building permits for the Project after the Effective Date. Further, Seller grants Buyer the right of entry and permission to erect construction fencing and Project signage on the Property in accordance with the FWCC. 13.20. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such City's Response 11/28/07 -28- counterpart. The signature pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. 13.21. EXHIBITS AND RELATED AGREEMENTS. The following Exhibits and Related Agreements described or referred to herein, whether or not attached hereto, are fully incorporated into this Agreement by this reference: EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (RECITAL A) EXHIBIT B LISTING OF PERSONAL PROPERTY (SUBSECTION 1.1.2) EXHIBIT C PROJECT SCOPE AND DESCRIPTION (SUBSECTION 1.1.4) EXHIBIT D CERTIFICATE OF NON-FOREIGN STATUS (SUBSECTION 3.1.10) EXHIBIT E TRANSIT EASEMENT (SUBSECTION 4.4.1) EXHIBIT F SITE PLAN AND EASEMENT FOR PUBLIC INGRESS & EGRESS (SUBSECTION 4.4.3) EXHIBIT G EASEMENT FOR MAINTENANCE OF SAFE CITIES SYSTEMS AND EQUIPMENT (SUBSECTION 4.4.4) EXHIBIT H STATUTORY WARRANTY DEED- SYMPHONY PARK (SUBSECTION 4.4.5) EXHIBIT I JOINT SYMPHONY PARK MAINTENANCE AGREEMENT (SUBSECTION 4.5.8) EXHIBIT J SYMPHONY PARK USE AGREEMENT (SUBSECTION 4.5.9) EXHIBIT K PAYMENT BOND (SUBSECTION 10.5.3) EXHIBIT L STATUTORY WARRANTY DEED-PROPERTY (SUBSECTION 4.3) EXHIBIT M TEMPORARY CONSTRUCTION EASEMENT (SUBSECTION 4.4.5) EXHIBIT N PERFORMANCE BOND - PARK AND FRONTAGE IMPROVEMENTS (SUBSECTION 4.5) City's Response 11/28/07 -29- EXHIBIT 0 PERFORMANCE BOND - FRONTAGE IMPROVEMENTS (SUBSECTION 4.5) EXECUTED as ofthe date and year first above written: SELLER: CITY OF FEDERAL WAY, a political subdivision of the State of Washington NEAL BEETS, City Manager Dated this _ day of November, 2007 APPROVED AS TO FORM: Patricia A. Richardson City Attorney Dated this _ day of November, 2007 BUYER: UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company By: Its: Dated this _ day of November, 2007 By: Its: Dated this _ day of November, 2007 City's Response 1 1/28/07 -30- EXHIBIT A PROPERTY LEGAL DESCRIPTION Lot 1, King County Short Plat Number 182027, according to the short plat recorded under recording number 8403140752, Records of King County EXCEPT that portion condemned in King County Superior Court Cause Number 03-2-18100- 5KNT for the construction, operation and maintenance ofthe Regional Express Federal Way Transit Center and related facilities, AND EXCEPT that portion described as follows: Beginning at the Southwest comer of said Lot 1; Thence along the West line of said Lot North 01120'/23" East 28.21 feet; thence parallel with the South line of said Lot South 88116'19" East, 413.57 Feet to the East line of said Lot; Thence along said East line South 01129'/00" West, 28.21 feet to the South line of said Lot; thence along said South Line North 88116' 19" West, 413.50 feet to the Point of Beginning. Also known as Parcel A of City of Federal Way Boundary Line Adjustment No BLA 06-106111- SU, Recorded under recording Number 20061229900009 End of Legal Description. City's Response 11/28/07 -31- EXHIBIT B LISTING OF PERSONAL PROPERTY NONE. City's Response 11/28/07 -32- EXHIBIT C PROJECT SCOPE AND DESCRIPTION This Exhibit C (this "Exhibit") is intended to be incorporated into and made a part of the Real Estate Purchase and Sale Agreement with an Effective Date of the _ day of November, 2007 (the "Agreement") between the City of Federal Way, a Washington municipal corporation as the "Seller" and United Properties-Symphony, LLC, a Washington limited liability company as "Buyer". Except as otherwise specified herein, all capitalized terms not otherwise expressly defined in this Exhibit shall have the same meanings ascribed to such capitalized terms in the Agreement. In the event of any inconsistencies, disagreements or disputes between the terms, covenants, conditions, obligations, duties, undertakings, responsibilities and agreements of this Exhibit and those set forth in the Agreement, this Exhibit shall control and shall be the agreement ofthe Parties. Buyer and Seller agree as follows: 1. Purpose. This Exhibit serves to identify, collect and adopt all of the development and construction conceptual drawings that comprise the Symphony Project (henceforth the "Project") to be constructed and accomplished upon the Property by Buyer in general accordance with the provisions of Attachments 1 through 9 to this Exhibit (collectively, the "Design Documents"), as follows: 1.1 Attached hereto as Attachment I is the Site Plan for the Project. (henceforth the "Site Plan"); and 1.2 Attached hereto as Attachment 2 is the "Conceptual Park Plan" for the Project; and 1.3 Attached hereto as Attachment 3 are the "Elevation and Rendered Perspective drawings" for the Project; and 1.4 Attached hereto as Attachment 4 are the "Section drawings" for the Proj ect; and 1.5 Attached hereto as Attachment 5 is the "Parking Plan" for the Proj ect; and 1.6 Attach hereto as Attachment 6 is the listing of improvements required to meet the "Safe Cities" Program; and 1.7 Attached hereto as Attachment 7 are the "Design Guidelines" for the Proj ect; and City's Response 11/28/07 -33- 1.8 Attached hereto as Attachment 8 is the "Request for Qualifications" ("RFQ") issued March 12,2007; and 1.9 Attached hereto as Attachment 9 is the "Development Schedule." 2. Project Description. As specified in Subsection 1.1.4 of the Agreement, the Parties have agreed that Buyer intends to submit an application to divide the Property into five (5) separate parcels pursuant to a binding site plan. Seller acknowledges that the Property may be divided into five (5) separate parcels pursuant to a binding site plan consistent with the procedures and criteria of the FWCC. The Parties agree that Buyer intends to construct one mixed use residential and retail towers on each of four separate parcels and the Park on the fifth parcel. In addition, Buyer intends to construct upon the Property an associated parking garage and intends to develop the Project in the following four phases: (i) Phase 1 will consist of the construction of one of the 4 towers within the Project, the Park, and a portion of the parking garage with enough parking to satisfy the minimum parking requirements for the tower, and the Park, and (ii) Phase 2, Phase 3 and Phase 4 will each consist of the construction of one of the remaining towers and an additional portion ofthe parking garage. The four towers to be constructed are identified as: (i) "Tower A" (the structure to be located upon the parcel platted from the south-west comer of the Property), and (ii) "Tower B" (the structure to be located upon the parcel platted from the south-east comer of the Property), and (iii) "Tower C" (the structure to be located upon the parcel platted from the northwest comer of the Property), and (iv) "Tower D" (the structure to be located upon the parcel platted from the northeast comer ofthe Property)(collectively: the "Towers"). 3. Modifications to. the Project. The Parties acknowledge and agree that it may be necessary and beneficial to the successful completion of the Project for Seller to allow modifications to this Exhibit during the course of development and construction (a "Modification"). Seller agrees that it shall use best efforts to review, consider and approve or deny the Request witliin thirty (30) days of the date of the submission of Buyer of Buyer's written request for a Modification to the Project (a "Request"). Seller's review and approval of a Request shall take into consideration the factors cited by Buyer to support the need for a Modification and shall also consider the following factors: a. Consistency with the overall description, scope and scale of the Project as identified in this Exhibit; b. Consistency with the City's comprehensive plan; c. Consistency with the FWCC (Building and Land Use Codes) and other applicable laws; d. Consistency with the spirit and intent of the Agreement; and City's Response 11/28/07 -34- e. Current market conditions. Seller's City Manager, or his or her designee, will have the power, authority and responsibility for approving/disapproving all Requests for Modifications. To the extent that Seller's City Manager or his or her designee determines that any Request for a Modification represents a material change to this Exhibit that is inconsistent with the specific requirements for the Project that are set forth in the Agreement or in this Exhibit, a Request may only be approved by the City Council of Seller. The City Council of Seller shall make its decision on a Request for a Modification without unreasonable delay within the City Council's normal review and approval periods applicable to the Request. 4. Development Standards. 4.1 Development Schedule. Attached to this Exhibit as Attachment 9 is a schedule prepared by Buyer setting forth its best estimates of the timing for the completed construction of the Project and the numerous components of the Project (the "Development Schedule"). The Development Schedule may be modified as set forth in Section 3 of this Exhibit. 4.2 Development Program. 4.2.1 Ratio of Ownership Units to Rental Units. The Parties agree that the Project as described in the Agreement and in Section 2 of this Exhibit shall include housing, for multiple income levels and family sizes, of which a minimum of approximately 650 housing units shall be "ownership" units. 4.2.2 Retail/Commercial Space and Residential Space. The Parties have agreed that Buyer will develop four towers with approximately 900 residential units, together with approximately 20,000 square feet of commercial office space and approximately 45,000 square feet of other commercial uses and/or work/live units as set forth in Subsection 4.3.5. 4.2.3 Public Park. Buyer shall construct a public park (consisting of approximately 35,000 square feet dedicated to Seller for a public park, and approximately 5,000 square feet reserved easements over adjacent sidewalks, walkways etc.) in the Project, commonly referred to in the Agreement as "Symphony Park." (the "Park"). Symphony Park shall contain a water feature, fire place feature, performance stage, landscaping and other improvements proportionate to the scale of Symphony Park and as generally depicted in Attachment 2 hereto (the "Park Design") subject to modifications approved by Seller. A public restroom for use of park patrons shall be provided within Symphony Park or in the ground level of an adjacent tower. 4.2.4 Parking. Buyer shall develop parking facilities to meet likely peak parking demand, approximately 1,300 parking stalls, which includes approximately 250 parking stalls for use by the visitors and users of the Project (approximately 65 parking stalls on City's Response 11/28/07 -35- Symphony Lane, and approximately 185 parking stalls in the parking garage(s)), created by the Project and consistent with the FWCC. 4.2.5 Safe Cities Program. Buyer shall install the improvements within the Park as generally described in the Safe Cities Requirements that is attached to this Exhibit as Attachment 6 subject to modifications approved by Seller. 4.3 Administrative Determinations. Seller has exercised its normal practice and duty of reviewing pre-application submittals and has made certain administrative determinations regarding the application of certain FWCC provisions, as follows: 4.3.1 Tower Height. Pursuant to Federal Way City Code ("FWCC") Section 22-797, Note # 1, Seller shall permit Tower A to have an approximate height of232 feet from grade, Tower B to have an approximate height of 180 feet from grade, Tower C to have an approximate height of 255 feet from grade, and Tower D to have an approximate height of 215 feet from grade (which elevation measurement shall not include the height of elevator shafts, spires, stairs, mechanical screens, mechanical equipment and parapets). 4.3.2 Open Space Requirement. Pursuant to FWCC Section 19-46, Seller may accept a fee in lieu payment for a portion of the open space requirement. Rather than accepting cash as a fee in lieu, Seller has agreed to provide Buyer with a monetary credit equal to the value of the Symphony Park improvements. Required open space in excess of that covered by the value of the Symphony Park improvements shall be provided on site. 4.3.3 Rooftop Appurtenances. Pursuant to FWCC Section 22-1047(2), Seller shall allow rooftop appurtenances exceeding 10 percent of building footprint and four-feet in height. In general, rooftop appurtenances shall not exceed 50% of building footprint and 25- feet in height. The proposed spire on Tower C is considered an appurtenance and may extend 50-feet above permitted building height. 4.3.4 Parking Dimensions. Pursuant to FWCC Section 22-1398, Seller shall consider the alternative stalVdrive aisle dimensions and tandem parking configurations for the parking structure, as generally depicted in the Conceptual Parking Plan set forth in Attachment 5 to this Exhibit. 4.3.5 Ground Floor Use Requirements. Pursuant to FWCC 22-797, Note # 4, Seller shall allow work/live units on the ground floor on S. 316th Street. The work/live units must each have a minimum 13 feet floor to ceiling height, be reasonably accessible from the adjacent sidewalk, and have a glass storefront fa9ade, allowing for future usability for commercial purposes. 5. Design Guidelines. The Buyer shall construct the Project generally consistent with the "Design Guidelines" attached to this Exhibit as Attachment 7. The "Design Guidelines" for the Project establish a comprehensive set of design standards specific to the Project for City's Response 11/28/07 -36- approval by the City. The Design Guidelines shall identify treatments, colors, materials, architectural features, signage, etc., which Buyer shall utilize in the design and construction of the Project. Buyer shall construct the Project in a manner generally consistent with the Design Guidelines and consistent with good construction practices. These guidelines are intended to supplement and/or complement the City's existing design guidelines, found at FWCC 22-1634 et seq. Where judgment or discretion is required to implement the existing FWCC design guidelines, these guidelines are intended to provide additional, more specific guidance. ATTACHMENTS TO EXHIBIT C: 1. Site Plan 2. Conceptual Park Plan 3. Elevation and Rendered Perspective Drawings 4. Section Drawings 5. Conceptual Parking Plan 6. Requirements for Safe Cities Program 7. Design Guidelines 8. RFQ 9. Development Schedule City's Response 11/28/07 -37- ATTACHMENT 1 I ~ ~ 'l II-U' ]c-L '--'U ~ "~-{l '-I I I --' ~ ~ .... ~- S. 316TH STREET ~~.-=-e---.-:9/.-e- {{(~.~7rr;:;-V~jij. ' [J ~'..~ '" ' ~ UJ UJ =:l Z UJ > <l: I t- O N ..---- (, TRANSIT CENTER '------ r , N IJI , I '-, ~. . 1- L::l I'~ l' CENTER PLAZA ]( !-n SEATAC PLAZA /r - CJ Symphony ...................I_"_,I_",W,., '-"'...."'_...,lID !...._~,Do~9" ~!6-~! ~~ Ts.~.S,,,TYly01R E ~ The attached [cn....ngsJ. [rendenngsl. lelevations) are for llustratrve purposes ontv and do not represent a covenant Of warranty by the Buyer thai any asped. component. material or dela~olthecompleIMpro)ed"""tnCOrporateor repllCatelhedelais.coIors.dimensions. locatIOns Of elevabonsaflhe attached. Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design SITE PLAN . '" 6CI ~ ~ N A TT ACHMENT 2 OUTOOOR flKCr ~.- 'I(l$~"-'- OUTOOOR C/lo.fE SPACE PUBLIC lOBBY PE.OE.SW~ cROSSWA.U' to iF/<N5\l cE.N.1E.R pUBLIC RESTROOM purchase and Agreement Pl No'J 28, 2007 prell",ina!)' scne",atic oesign ST/<\R CONNECTING TO 2\ST /<vE. POTENT\/<l PlANTING ON /lo.Oj/lo.CENT PROPERTY caNCep,1 PlAN NOitO sC,c..l 011l0REN'S plAY fEATURE COM!;\UNITY ST/<GE _^.,.-u ATTACHMENT 3 ~ai tQL ~, <II fl II .....--1. I fff I j--av H-t1 TOWER B .- Iftt!t=it.. .- - . ,,~ - ~ .rr "1 t1fY,1 TOWER A ..L 1 I-LL .. . ~ . , \ .. -P ~~B >W ~ o:I "" >W ... IU.] .... - IllIE Iff: i~ Il:t I lIB ~ ,~ - - -1fl:I d~lIi J..<{J ~ lJllWn~ Symphony ......-.........,T_....,..,.I_..""a, .......,j "_"'. ut> E<ri,:.co-_o....,. ~! ~~! <;!i.!, T,!., S}"Y"R E ~ The attached [craWlll'iJs].lrendenngsj. (elevations) are !of IllistratNe purposes only and do nol represent a covenant or warranty by the B~er that any aspect. component, malerial or dela~ 01 the completed pro.ied 'N'dI inGorporate or replicate Ihe detafs. colors, dimenSions. IocallQns or e!evlbons of the attached. Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design Q EAST ELEVATION ~ Symphony M..M4JM......o-f_"'_.I..-......... .....od"__,tTt> E..l,.Ido_D...gro VIA ARCHITECTURE 1.()II.._.._s.....OO~W....IOI TOWER 0 ~ The attached [clra'Mngs). (rendenogsj [elevations) are for ilJstrabve purposes only and dQ not represent a covenant or warranty by the Buyer that any asped. component. moltenal or dela.ollt\ecomp!etlKlprojed........rncorporateor replicate the details. colon, dimensions Iocabon$ or elevations of the attached " Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design n - F==1 c...I l~ ~. NORTH ELEVATION ~ c.... b 0. ~-~ ~--C ';jj 1: " (\) (\) ~ 0 ? rJl t :cg cO "'-.0 0 ~ (\) .~ ~ b~ ..so(\) C'l if) b :;:;:..c ~~ Z. ~M en ~ ~ I- '\ \ \ \ \ \ \ 4- 0: Ul -,. 1 1 ~ TO~R C ~ ~ l-L-l-L-l, fl-'J. Symphony _""""'"'_"_,f",,","W~ ......ool"_.."ITD l....___Do"9'" ~J t_~! CJi Jo T~S..T9'Y} E TOWER A ~ The attad'le4lo-awings].lrendenngsj. (ele~ahons] Ire lOt it.JsuatlVe purposes ori)' and dQ not reprewnt a covenant or warranty by the Buyer that any al>pect, component. material or detd 01 the completed projed 'MIIil'lGOrporate or repllCatelhede'ds.coIors.dlmeflSlOn5. kK:lltiorllo or elevabon5 of the atl8d1ed I V'\ '1/ ,~ ~ l !.. ,;' t. ~ Wl!'U-U~' ........l; IT II ~, :. . ,\' ~ . 1 ' ~.: ' Purchase and Sale Agreement Package Nov 28, 2007 F Preliminary Schematic Design WEST HEY A TION r--lnnl a '" '" ~ Symphony .....-u__,f_".......fodotaW.... U.....""P"'....lll) !..+,~__O'''9'' ~!L~!.. ~H~T~S}9Iyll!R E Dtsdaimer' The altad1ed Idra'Mngs].jnmderings] [elevations) a,. forilustratlVe purposesonlv and do nol represent a covenant or warranty by the Buyer thai any aspect, component, material or deld orthe ccmpll!'led prOJed...... incorporate or rephcalethe detal/s.coIors. dimenSions 10<<11100$ or elevabQnli of the attached. Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design COVER SHEET ,I, /. 1~-. (I.'{t~r:,~) Tjftlr /: / /~##~ -' / ~k e<= 8 Symphony ~.........,t_",,,,,",,.I-,,",.&""~ .......d"..........llll t......w.--~ VIA ARCHlTEC1URE "09s..-.'- <;.-..oa ~"".~IIOl ~ The: atta~d I<<awm~l. \fendeM9s1 \e\l!~i1tIGM1 are !of IIkJsl.rative 'fl"lIpo~~ only and do nol1tple1Oenl a caveman! or wal1ant'j tJ1 the Bl)'fer thai any a~ct. component. material or ~l.a. of the ccmpttleO pro)ed .......lnCOrporate Qr Itplicale Ine detilh, coklfs. dtmeMiOnS. locationS 01 tle>Jalions 01 the anac:l1ed. Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design PERSPECTIVES " -~~', . ,\ <~>g ~ 1'--- - l I / t~ -- -~ J ~.-..:..~..} =-":= r-\- -;) .r t~~ ~~.=? . ~',' -------- - /~ '--. ~ "'0 (fl"O Z )>'"0 ~; om~"~i m g.ii glf! ~~~ "" 0 <0 c (Il ~ ~ < ~ ~ ;%%!~l~", "'0 '" ::> "-' (\) () m ~tl) ."" (\) ::r !-lf8~ let!:;: ~:: ~ H~ () 0-< 3 t\) ~~H:~i 0 "-' ~ -l <l> 0 (\) (Jl ~!:;;p.~~~ p" I {, 3 <:: !/!. 0 (ll I ~"tl '" ~t\) " ~ ~..= ,1" m --J 1'" . .\ 5 :J i'~l .p ; (Il '"O~ ~~~l!~~ ~n !~ t\)e. IIp~!f ~= ()(f) [~ i 7't\) . ..J.9} , t\)- ,n , <O(\) .'1& ;-< (\) 5C ~'" '" ATTACHMENT 4 'IIT..,(I',,"~/'\"i F .'tf1'9".\\f/.$f/.,I1/' / / \ .. 1'if ,.'HJ I ....' ,,\~~....2f...;'-:,,"1' I ..1O"}-"\~..J ~~\\h~>' . ~' . .." .. ~ ~ - ~ . - ~ ~ " '!\ .t::d\-1 \ l! \;.~ ."~ I h1 I ~ . . ~ ~ .. .. - .. -I '"-' l'--:: ~ ~ \ ~ , J> Jl" W1 Lll .Jl\l--' \-1\ Lll' Jl .J.l - e~~- \ 1"1~~ r41 , - 'jil:\ol ~ ~ ~ U~ .\l-- \iffi;. ,I: l'--' t . ~ rTl\~ \J~~\ ~\ i } } \ - \~~f =~~. 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D,~Io,me' The,olloched [d,GWmgl). l"ende"ngl]. rekvolion~] Ol'llo, ill~""Qlivl' pV'p<:I~i only onddo r'ItlI repr..."'o (0...."",,10' WlJ"onty by 1/111' Buy", ",o/any "'P"''''t. camp<)"enl, m"ler;~ ot derail of"'" compleled projed w,t1 ;ncQ'po- .all 0< ..pl,cOllliii. d.Ia,I,. colon, d,m.nllanl, IocQIiQl1sa'''~lionsalrh"o''od"d Purchase and Sale Agreement Package Nov 28. 2007 Preliminary Schematic Design lxlec:l(E)Wrtl~: BUILDING SECTION THRU PARK CUT NORTH TO SOUTH . 20' .. ~I TOWER C ~ I m~" l.lfleof(E)W'b ~~ /.. - ^ ~1P2"""'" P"... e.,.,.m '3 PQr~I"9 I P"P.rtir>g I ~ ~ , " I ~ rnlrrmrnl rn rrn II 111111111111111 III II d .-n1,...,........~Ir-r"1 EXl5TlNG GRADE J J ~~I ~~ TOWER D 2OSl_ I ~ F F I I w co Symphony ~____........"--'w., ~"--Utl 1.....-0..,.. VIA ARCHITECTURE lK19~_",...<<lO~"""l(ll Di..:k!,,,,,,, The, olllKt.ed [df<)W'''9~J. (,end,e"1I91]. {el..voliom] o.elot illv1lrotive pv'po:s.e, only allddonot"!p"!~lllacO'o'ellO/1lo'.....a"an'Yby Il>eBII\'I!' thaI o"y o.pecl, component, male"u1 0' deto,l of Ihe cornplelf:d p'oje<:lwill inco,po- rOleo"e.,licalelt.edeloill,cok>fI,d,men1i(lt'li, kx01l0l>1C' IllevOllonsoltl>e onoct.ed Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design ~~~ I~ SoundTrant.ll Ea""'" BUILDING SECTION THRU SYMPHONY LANE . 2Q' '" ~ --\ o 't ~ \~ ('l ~~ ()~ c- -'6 ~% lJll1 ~~ ~~ %:2. 'i? ~ ~ ~ g -I ):>iJ <oS (OS} ~?16 ~nl ......::1 --\ :l ~ ~ ~ . )> . .. '"~ \ ! ~ ~~~ .~ . \ rf. 1 ~~.. ----:r-'Fft1~ t1J,~ ~;\ .t t ~r .b=1 l' i \ \ ~J=r-:t-i\\ \ \ J.....l- \ ,i -='=t\ = ~~ ffi' ~ =" ~~~r- \ . ':-nt- C\\ \= " \\\\~\'-J' , \= ~ ---! r= 1;: \ \ '\,~\ \ \ \ \ \\--c~-='\ \-- \, \ \ n\fT\1T\T\ I, \\ II ~ J-*- , , \ , == . \ \ f5::J \ = = =p, ~b='k= - J;::;;. , =~'" ~ ~ :: --<'= , \ L-=t= \ \\ L \ ~~ _ ~ = ~F\J:: ../'~ --= \ ~f=-" =-' =. . -~ - :: n ~__ 1 \\ \-t.: -~ ~F \ \ 11\ \ \ \ \ U 1 \ \ \ 1.--" = ~ ~ 1 I __, = = - = ~ :c? ..a ._~ ()~ c- ~6 z- (")~ U>'" z J7~ g.~ ~ tg.... ~% IV ro& .._ (1) roQ) g ~ -IV 3 <Jl 'it 0 roro '" o::l n' ~' -a ~S -I o ~ :Z. \~ o -I ~ \~ OJ ATTACHMENT 5 Symphony ............~.I_Pr_.I_..W... u....df'r__.lltl ~!6-~! ~Hl T~<;..T~IY01R E - PHASE III -~- PHASE IV-' 5316thST t . I ~ UJ (j) <( JJU1E ,Tt1.-t ~ The attad'leo (a-aWlngsj. [rendenngs]. [elevation$jare for Ilustrative pllrposesortyaoo do no1 repruent a covenant or warranty by the Buyer that any aspect, comPOMnl, material or detd of the completed projed 'MI incorporate or repllCalethe detais,coIors, dimenSIOns, IocalionaOI elevations of the attachecl = UJ (j) <( I c.. I , UJ (j) <( I c.. I , .J-~---~-l. Purchase and Sale Agreement Package Nov 28, 2007 SYMPHONY PARK Preliminary Schematic Design P 1 PLAZA LEVEl 14- PHASE II ~1f> N t = LU Cf) <C I 0... -l.. = LU Cf) <C I 0... I , -, . I-- ~- PHASE III --T- PHASE IV-.. - _I... 11. _ _ L l_: L _1 L.., -I , --' I J----'--l '--1 : ' I ~'..' .,,) '- OlleY STORAGE SYMPHONY PARK I: r :"'I~':':'I~. :' I.' '.:: I I I ':;' L0B8Y II I . .. I !.: - \_~ .; 1: r ., '0<'.'" r-' . , -I r- ~:. f I' --if n~~~~___L- i r - "..-.ll-- r=rl ~ L~~_:~_J PHASE II --\.- PHASE 1- ,...J -, rl,~~1 I 7:::~:.1 ' J 'I, ,IJ-~---~-l I o..o...uI:r.c-_. ___..T", ::i" Optnc.h ,-.,.. i L068'f_ - I ..:., STOfI"GE ' OIJ_OIC'.q"ll'>oc....., _"",....f", " I " , '.1 -, ' '1 _ ~ _ _ _ ~ _ J t ~ LU Cf) <C I 0... f-:'II ...t - LU Cf) <C I 0... I , _rs Symphony ::::-;':;;'..:':7; "...... 1_01 Wo, t....,~Do.~ VIA ARCHITECTURE 1109~.._ s....fOO ~W"~'IOI ~ The attacf'1ed l~aWlngs], [rendenngs]. jele"atJOnsl are 101' Illustrative pofpo5eS onl~ and do not repre5ent it covenant Of warranty by the Buyer thai any isped. component. malenal or datal 01 the comple-ledpro.ied .....iocofporate or repliCale\t1edetab,eoIors,dlmeIl$lOM. locatIOns or elevalJons of the attached. 0- , - Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design , ,- P4 GARAGE ~~ N t - PHASE III -.r- PHASE IV-" l_. - _ J _ _ T _1 J - _. I I L.., w en <{ I ll. -f'" I'I'I~~'- , ,. !'/ . . .~.~. ;::,1. Ci--Ji II = w en <{ I ll. I , 1.- rr L: . ,J-~- .-t. I [~~~ - -. . ~ . L:_._~_r' . II r' : I r i I t 1 , . '1-1 (I SYMPHONY PARK PHASE II --!.- PHASE 1-. .-' ...., I~i:--: ':;::::~ ~ ~I[' r -. - - i l I . r ~~ --: -t . -; 9ll -'''''"1~rn ~..'.I'.jr" -.' ~. l088Y- . . BIKE "00 - , . .-- .--~.. . L:.....-=:=~_r. Symphony "'.......h.M..lI,.f_"'......'_oIw'" ........1'..'...._.110 !.....~Do"9" VIA ARCHITECTURE 1109~..-...s...o.toos..n.W.""'Ol _ J. I' . ~ I. t ~ w en <{ I ll. I ...1 t ~ The atlactled lci"awmgs].lrendenngsJ. (elevations) art lot ilustJallYe purposes orVy and do not repre5enl a covenant Of warranty by the Buyer thaI any aspect, component. material or detd 01 the comp6eled pro,ed ...... Incorporate or repllCBtelhedelaih.coIors,dII11Etnsions. locatIOns or elevabonllofthe attached. - T' I I w en <{ I ll. + Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design P3 GARAGE ~1r N LU CJ) <{ I a... I , R~=q\: Entrance Symphony _.............I_I'r_.'_..w.... ......d.._..,_tTD E~_,""Oo..~ ~Jt....~! ~H~ T!..SAT~.YoIR E - PHASE III --t-- PHASE IV-. . -1. _ _.1 ~ The attached Ilira\WIg~].lreooenngsJ. [elevaoonsjall forllustralrve putposesOrVyand do nol represenl a covllnant Of warranty by the Buyerlhat any aspect, c:ornponent, malerialor de~.ofthecompll!te4proJed""""lJIOOrporateor replicate Ihe dela", colors. dlmefl$lOm IoaItions or elevabol1lo of the attached. j I I: r _! L 1 L- i t i > Ii Uj :(/) I: <{ : I : a... Ii 1 Ii" t --t' '-, c-' - T'" h' r ill' If" " . r r-' ....., -.:.~--- -, --I 1 LU CJ) <{ I a... + - i r -. -11 - . j I ~RoI""g~. .- r~ ASSIGNED PARKING PUBLIC PARI<lNG ! I ; 1 'jl . -l . t .J-~h-~-l Purchase and Sale Agreement Package Nov 28, 2007 Preliminary Schematic Design ') SYMPHONY PARK " I] . ~ ~ "''''OM ,- ~" ~s.<:l.ffl\"g.", " :::::ry/I .... " p- /L.., Parking l~Entrance I-- P2 GARAGE PHASE 1- ~<1r N A TT ACHMENT 6 ATTACHMENT 7 Design Guidel ines Symphony Mixed-Use Project. Federal Way, Washington, November 28, 2007 Relationship to Existing Federal Way Design Guidelines. These guidelines are intended to supplement and/or complement the City's existing design guidelines, found at FWCC 22-1634 et seq. Where judgment or discretion is required to implement the existing FWCC design guidelines. these guidelines are intended to provide additional, more specific guidance. A: Site Planning Guidelines A 1: Site Characteristics: Site planning should respond to specific site conditions and opportunities, such as: · Utilize naturally sloping topography by stepping buildings in response to elevation changes and locating parking access at the lower portions of the site. · Capture solar access and views by arranging buildings and open space with respect to sun orientations and vistas. . Make strong and obvious connections to the adjacent transit center. Arrange commercial uses and functions to enhance corners and activate streets, where feasible. ~'(."'\1U, .;. . f'tlnA,\ "'.'f'f~ "\ fo(.~.,\, , . ~ ~g..., ~Q{rzJJ~!11 : ~J..V'- . c ~ . 1:> :1 t. ~ -(' r '~. ~ J,,<>.. <II"~ oZ. 4"''' ,,~C ? <-""L- ~==~~_--:--- c'::~ "'r~(J-- -~-~- ~.~ D"o<>e~(~~~mG'.J'~ I "!11MI' B I A $r~" , -". $l......L_~~~....~.:;~ i . <II <II <II ~lIi"l ~....,h.~< "'""fI''':'j f~,I"'~1 C6ncept -Page 1 of 10 - A2: Enhance Street Grid: Improve the street grid and reduce large city blocks by introducing new drive lanes and pedestrian crossings. . Enhance the street grid by introducing a new circulation lane that prioritizes pedestrian comfort and safety by using textured paving, landscaping and a "Woonerf" style street (Dutch word for a curb-less plaza-I ike street that blends people with cars). . Create a porous and welcoming pedestrian circulation system by encouraging public access into the site from at least three sides and from both mid-block and corner locations. A3: Parking and Vehicle Access: Minimize the impact and amount of on-grade automobile parking and driveways on the pedestrian environment, ac!Jacent properties and pedestrian safety. . Reduce the visibility of parking by using primarily underground parking garages. · Locate parking entrances at lowest portions of the site with the fewest curb cuts possible. · Provide a limited number of outdoor parking spaces for short term parking to increase access to the park and retail services. . Minimize exposure of loading bays and integrate such areas into the overall site and building design. A4: Open Space: Public open spaces should be planned, designed and constructed to provide for both passive and active activities for visitors, shoppers and residents and become an attractive, urban open space destination in the City Center. In addition to the existing guidelines found at FWCC 22-7640, the following guidelines shall apply: . Provide attractive, safe and visible pedestrian pathways from the sur- rounding street grid in order to encourage ready and unimpeded visual and physical public access to Symphony Park Utilize attractive, legible and inviting signage and other way-finding methods to encourage public access to Symphony Park. '1 ~ ~ j.. I ~'? .. " ^.~.. ... " -..... ---'"' \ -,. ...."',.. ~ '\ .f:' ... ~ -.r...,- ......,., , ~. <\.0. , . '! .G, ~ ..:; - ~ ~ r -Page 2 of 10 - B: Height Bulk and Scale B1: Height, Bulk and Scale: A multi-building site development shall endeavor to create variety in the arrangement and design of the buildings so as not to create a repetitive composition. . Stagger heights on each building so as to create a hierarchy of forms on the skyline. responding to the natural topography. . Vary long and short fa~ade orientations among buildings. . Use a variety of colors and materials to enhance the massing and/or architectural features that contribute to breaking down the perception of overall height. bulk and scale. . Use architectural modulations and articulations as features that contribute to breaking down the perception of overall height. bulk and scale. . Vary the penthouse tops and architectural expressions between buildings. . Make unique base-level configurations at each building in response to different ground-level uses by using different materials. signage and entrances to create a sense of an urban village. A C .\ .", st~nr.. it"h '"' I .P 2.0 -.; to...;... '12 ".~~icl, .1 f. f~' ?.:t'" ,.~ 1:l IJ ~ri4N l-n' - - - -.." -- -: : - _ - ... ... -; . -: - --: _ : : i - - - _...._ -40 ... '8 . tlilolH ,_''f ..-' ~ - . ~. SEcoon TlYotY,lh Per'< LC(kfl;j \\'c-& Selrilin r~rc~lt Park l((loJng EaS1 -Page 3 of 10- c: Architecture Guidelines C1: Architectural Concept & Consistency: Building design elements, details and massing should create a well proportioned and unified building form and exhibit an overall building concept. . Follow a tripartite architectural delineation and expression of base, middle and top. . The design "parti" for each tower is conceived as an eroded mass, stepping back as it reaches upward, then culminating in increased areas of glass. . The tallest tower wi II feature a unique iconic rooftop feature element to serve as a focal point and an illuminated night beacon for the city. . Building facades shall be broken up and composed with modulation including bays, floating frames, sun- protecting eyebrow elements, continuous curtain wall elements and vertical glass "zippers". . The design concept is intended to be modern, crisp and fresh. Historicism and lor appl ied decoration are not intended for the palette of the project. . Elements of continuity that will knit the various building of the project together include: unit window patterns, unit balconies, eyebrow treatments, residential entry canopies, certain color accents, landscape elements and complimentary exterior material applications and details. . Elements of distinction between buildings will include varying heights, roof top treatments, color changes, use of projecting bays, varying retail canopies, awnings and entrances, signage, retail window proportions. The exterior expression of interior program differences will also enhance distinction and variety, such as community college, vs. residential units, VS. restaurant, VS. small retailer, vs. larger retailer, vs. work-live units, etc. .. II w - . r- - - , 1 1 ~ I i ; 1 1 ; , ~ i _ 1 1 ~ __ ~'-ftt ~~...-~:...;: ..;\ .-:-. "'''''''. - .... ,to I :~~ II ~ l1li iii .. "'" l1li .. .. iii iii "'" iii iii .. "'" iii .. .. III - ..- I . .. .. ... .. . .. .. .. . . .. .. .. .. .. . ... ,- """" -I: C . I !' W -Page 4 of 10- C2: Human Scale: Incorporate architectural features, elements and details to achieve a good human scale and promote activity. . Above-grade setbacks forming terraces at podium level to promote eyes on the street and park and to break up and reduce ground-level wind from towers. . Canopies and awnings to provide weather protection at street level entrances and retail sidewalks. . Pedestrian-oriented landscaping at street sidewalks on 20th, 21st and 316th Street. . Artistic treatment or landscaping concealment of ventilation grilles where close proximity to sidewalk occurs. . Use of smaller-scale, finer-grain materials, reveals and patterns at sidewalk levels. . Use of different window systems and pattern at retail, vs. residential. . Widen sidewalks and introduce recessed bays to encourage sidewalk displays, cafe tables, benches and landscaping. C3: Entrances: Principal entries shall be clearly identifiable, attractive and visible from the street and from primary pedestrian pathways. Canopy protection from the weather is encouraged. . Use special entry treatments, signage, window patterns and canopies to create a distinctive residential address for the towers, different than those used for retail areas. . Commercial/retai I entrances shall also receive special treatment of the canopy and storefront facades. . Define public parking garage entrances with obvious signage and locations while still making this function subordinate and less prominent to the pedestrian entrances and retai I features. Recess garage entrance portions from the prime fac;ade and locate where topography can minimize impacts. -Page 5 of 10- C4: Exterior Materials: Building exteriors should be constructed of durable and high quality materials that are attractive even when viewed up close. Materials that have texture, pattern, or lend themselves to a high quality of detailing are encouraged. . Use a variety of high quality exterior materials and systems to emphasize certain massing elements, define the general design "parti" and distinguish different buildings. . Use materials at ground level that are of a finer grain and promote human scale with more patterning, reveals and texture. . Primary exterior building materials may include: o Continuous high-rise rated glass window wall systems with integrated slab edge and column spandrel coverings. o Several varieties, textures and colors of pre-cast concrete architectural panels, with pre-stained colors or painted surfaces. Steel and glass awnings, Fabric Awnings. Several colors and textures of concrete paving or masonry terrace pavers. o Stained and or patterned concrete drive lane pavement. o Brick masonry o Profile metal panels and composite metal panels o High density composite siding panels, such as Prodema, Richlite or Hardi Panel. Either painted or with integral colors - used as a secondary material in recessed wall planes or accent strips. Stucco - used as a secondary material in recessed wall planes or accent strips. o o o .- p '~""'~."'~,. '* r,' "'t...:' 8. ..........,..'..~. I.~....,...t. < ,:'" t'...... ~.:---,.,......~.i._~'t~ . ~ ..;-'; ... '-..,~. -.. . "~"".r ,',l~. i" ..- p. #""' -. _ ~'."'-:-:'..~~t.,,,..~ ~ ..., .~,~ .".'..... - '"0' l"~',1I("""'''' (~..wot>' c..-I__ --1"~ Ij~' '.:- .~. ,;~;..;:..,". '. ,...... '.. .... ,.1 '- ~ ,?'~~~_' . r.,_ . ...<:~~~:--' /.~.: '_'~ ~ 7.....;;.,~.... _1'_ .......'L.._.. o Stained and/or patterned concrete walkways. <1'0 -Page 6 of 10- C5: Commercial Signage: Signs should add interest to the street front environment and should be appropriate for the scale and character desired in the area. . Use architecturally integrated wall signage for major tenants. . Tastefully scaled canopy-mounted and wall signage (not back lit) . Blade signage along the sidewalk pedestrian zones. . Develop a campus wide signage program for retail tenants, way finding and barrier free signage. 0: Pedestrian Realm Guidelines D1: Street Life: Orient active uses with transparent window areas toward the acjjacent streets and Symphony Lane. Minimize blank wall areas. Activate sidewalks with human activity and/or interest. . The interior street of the development focuses activity where street level facades have retail, commercial uses, and the prime resident entry lobbies. Window and transparency at the sidewalk is a desired. . The outer streets of the development will also have retail commercial uses and activity, but where grade changes create exposed parking garages or raised terrace conditions, display windows, landscaping & artistic treatment shall be used to buffer and enhance the pedestrian experience. Blank walls shall be minimized, landscaped and/or animated. . Use wide sidewalks, building indentations and public plazas to create outdoor cafe and retail display spaces with street furniture, cafe furniture and landscaping amenity areas. . Street frontages will be treated in an urban manner to establish a delineated street wall edge with building storefronts rather than a suburban style set back, Once established, the street wall may be eroded to allow gathering spaces, entrances, cafe space, or landscaping opportunities, -Page 7 of 10- 02: landscaping: Use landscaping for buffers, screens and as a public amenity. . Create an urban landscape through judicious placement of both greenscape and hardscape features in establ ish ing Symphony Park as the focus of the Symphony neighborhood and a civic gathering place for Federal Way City Center. . Place landscaping at the surface parking area on Symphony Lane, along the perimeter streetscapes as buffers and along interior pedestrian pathways. . Upper level common and private decks and terraces shall include landscape tree containers and potted plants. . Visually buffer the south property line along the park with landscaping. Plan for future expansion and/or connection to adjacent property if mutually desired by both property owners. '" I : : l~.,';j ~ , ~!I ~ . ~.:. ~,. .~~ . ' . '111'll i tt>. ~.! i~l'l '. .~ -'.' k"~' ~~... Ji~$. II' ':l;';~~~~~ ~ f '."\,' .... ;',:".~'.J:l,~ ,,~ ,t., 2 ....."'''o:-.c.,..~.''\ .' ;;'?' ~?'- .. .,~~:... ~~. c.' ....~.... ,." ... 'i'-..... ....! , . . "'^ .....~ '.. ",-~.-....;:,.,..~ ...".,.o,k" .., ';"1;. .'~ .f...~., r---..' ';'::";""""~:-<'.';-~~.'.""'" t-~;'I ,_...~ _ ~....... ,.'J '''' _ '~.' 1:'iI'. i~.tJ..,.~I-,,~!.'" ..... .,.,,' ,'"'' rI' ~fII" . .- ,:~,- .:~~ ~. ..j" ~ ;,':':~ : ~ .. / / ~....:::. 03: lighting: Appropriate levels of lighting should be provided in order to promote visual interest, increase vitality and a sense of security for people in commercial districts during evening hours. Lighting may be provided by incorporation into the building far;ade, the underside of overhead weather protection, on and around street furniture, in merchandising display windows, in landscaped areas, and/or on signage. . Illuminate the sidewalks and public areas of the project. . Illuminate distinctive features of the building, including entries, signage, canopies, and areas of architectural detail and interest. . Allow for lighting in display windows to spill onto the sidewalk. 04: Safety & Security: Design the prQject to respond to CPTED (Crime prevention through environmental design a::-{\ guidelines for defensible and safe public spaces). Appropriate levels of lighting and pedestrian activity should be provided in order to promote visual interest and a sense of security for people in commercial districts during evening hours and parking structures at all hours. . Follow the CPTED guidelines and work closely with the Federal Way Police Department to design the project to prevent crime and unsafe situations. -Page 8 of 10- . Activate open spaces with adjacent retail uses that naturally provide visual surveillance and safety - "eyes on the street". · Residential bui Idings should arrange semi private outdoor common-use terraces and private balconies to overlook public open spaces below which naturally provide visual surveillance and safety. · Provide access controlled lobbies. · Structured parking areas should be well lit and have visual access to elevator lobbies and other public areas. D5: Screening of Dumpsters, Utilities, and Service Areas: The site and building design should locate service elements like trash dumpsters, loading docks, mechanical equipment, and utility cabinets away from the street front where possible. When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front, they should be situated and screened from view and should not be located in the pedestrian right-of-way. · Minimize the exposure and visual impact of these elements by creating interior shipping & receiving areas and enclosed trash and recycling storage/pick up areas. · Utility cabinets, connections and meters should be placed inside buildings, undergrounded, screened or camouflaged by landscaping. E: Park Design Guidelines E1: Park Design: Design a park that creates open space, hard surfaces and green space and provides a civic and cultural asset for both the Symphony neighborhood and the greater community. . Program: Create an urban park intended for general open space uses including Frisbee throwing, dog walking, watching and meeting neighbors, strolling, kids playing on ajungle gym, benches for sitting, cafe sitting areas, observation of a water feature and small concerts and other civic activities. -Page 9 of 10 - . Provide a cultural and civic venue, such as an outdoor performance stage that allows opportunities for public assembly, concerts and other stage performances. . In addition to hardscape areas, landscaping areas may include planting beds, raised and mounded . earth features, natural rock formations, trellised arbors, feature landscape areas including drought- tolerant planting, open lawn area for passive recreation and a variety of drought-tolerant tree species and sizes throughout. . The park should also enhance and soften the adjacent buildings, entrances and retail uses. In turn, those users will help keep the park active and safe with "eyes on the park" from outdoor cafe tables, the retail storefronts, the daycare and from terraces and apartments above. F: Sustainability F1: Sustainability: New development shall attempt to reduce carbon emissions, global warming and encourage more walk-able lifestyles. Build an urban infill project, close tojobs, schools, retail and service in a transit oriented mixed-use development Create a livable community that discourages automobile dependence, encourages walking, community interaction and healthier living by locating in close proximity to services,jobs and daily needs. Pursue certification through the USGBC's "LEED NO" program (Leadership in Energy and Environmental Design - Neighborhood Development Program). . . . -Page 10 of 10- ATTACHMENT 8 City of Federal Way, Washington Request for Qualifications Cit Center Mixed-Use D velopment 31600 20th Ave South Federal Way, Washington RFQ Issued: March 12, 2007 bmission Due: 3:00 pm Apri I 9, 2007 PO Box~71 S 33325 SthAve South Federal Way, WA 9SOUS RFQ: Federal Way City Center Mixed~Use Development Table of Contents Invitation....... ......... .........:..........., ..",.................... ,...............'.,....... ....... ...., ,....., ,.......2 The Opportu n ity.. . .. . ... .. . . . . ..... .., .. .. .. .. ..... .. . . ...... . .. ... . ... . . .... . .. . . .. ..... . ...... . , .. .... ...... . .. .. ... . .. 5 Project Vision and Principles ........................................................ ...........................,6 Se lection Process..................................................................................................... .1 0 Preview of HFP Requirements .... ..11 S ubmitta I Req u irements,. ... .. . .. .... . ... . ........ ... ....... ... .... .. . . . .. .. . .. . ..... ... ...... ... . ... .... ..... " ,1 3 Sched u Ie... . .. , ... .......... .. .. .' .. ...... ...,. . .... . .. . .., ... ,... ... ... ... .. .. . .. . ... .. . . '" . . . .. .. . .. . . . .... .... . . .15 Appendices....... ............... .......... .......... ..... ........................................ .................... ".16 City Center Mixed-Use Development page 1 RFQ: Federal Way City Center Mixed-Use Development Invitation The City of Federal Way, Washington (the City), is pleased to announce the offering for mixed- use redevelopment of a key site located in its City Center. Specifically, the City is seeking statements of qualifications from experienced developers (and development teams) willing to entertain a public-private partnership in accordance with the principles and procedures outlined here. [The development project is herein referred to as the Project, and the property that will be developed is herein referred to as the Site.] This Request for Qualifications (RFQ) process is intended to provide an opportunity for interested developers to demonstrate their interest and capability to acquire (from the City) and develop a major mixed-use project in City Center. The City of Federal Way is an equal opportunity employer and encourages participation of small, minority-, and women-owned businesses. Joint ventures are also encouraged where feasible. The City is asking prospective development teams to submit sufficient information regarding their development expertise and a statement of development concept to enable the City to select a short list of finalists who will be invited to respond to a more detailed Request for Proposals (RFP). RFQ responses are due by 3:00 pm, on April 9, 2007. We look forward to your submittal. City Center Mixed-Use Development page 2 RFQ: Federal Way City Center Mixed-Use Development Team The City seeks qualifications from comprehensive development teams who can acquire the Site and carry the Project through to occupancy. Therefore, development teams should include any discipline that would be appropriate. Team members may include: · Developmententity (lead team member); · Architect; · Civil engineers; · General contractor; · Marketing! sales support; · Financial partner; and · Any other partners deemed appropriate. Partnership The City seeks to identify a development firm or development team who is willing and able to enter a public-private partnership to fuHill the vision for the Project. Thus, the City seeks developers who: . Understand the significance of the Site in advancing the City's Comprehensive Plan vision for City Center which can be summarized as follows: · Creates an identifiable downtown that is the social economic focus of the City · Strengthens the City as a whole... growing employment and housing · Promotes housing opportunities close to employment · Supports area transit investments · Reduced dependency on automobiles · Consumes less land with urban development · Maximizes benefit of public investment · Provide central gathering places(s) · Improves quality of urban design In addition, successful developers should have: . Experience in developing, financing, marketing and selling, and! or managing projects of similar size, scope and nature; Demonstrated ability to develop projects which are an asset and a "correct fit" with the community; Experience in project management and compliance with budgets and schedules; Capacity, experience, and willingness to enter into a public-private partnership; and Sufficient financing capacity to complete the Project. . . . . City Center Mixed-Use Development page 3 RFQ: Federal Way City Center Mixed-Use Development About Federal Way City Center Federal Way City Center is in the midst of a transformation from a traditional suburban form, to a vibrant urban center. Bound by So. 312th Street on the north, Interstate 5 on the east, So. 324th Street on the south, and the Pacific Highway corridor on the west -- and comprising 414 acres- the area features 2.7 million square feet of existing retail space (much of it large format), more than 650 hotel rooms, 225,000 square feet of office and 890 multifamily residential units. The community hosts world-class cultural institutions, engaging open spaces, and close proximity to regional educational and health care institutions. Materials describing conditions within City Center can be found in a supplemental marketing piece to this RFQ, Exhibit 7. While City Center has seen continuing investment in retail and commercial projects, it has not seen the same influx of new urban mixed-use developments containing a denser mix of commercial uses and urban housing as other urbanizing suburban communities in the Northwest. Urban housing and mixed-use development are a core component of every successful downtown as it adds vitality to the streets, diversity to the skyline, and buying power to the economy. Even more important, however, is that urban housing and associated commercial uses satisfy a well-documented demand for lifestyle- oriented living that is currently lacking in the Federal Way market. For these reasons, the Project represents a unique opportunity to capture part of the Seattle region's burgeoning market for urban housing and associated commercial uses in a mixed-use, lifestyle-oriented format. A recent market analysis for the greater Federal Way City Center trade area suggested the following: . Population and household growth consistent with the metro area as a whole at approximately 1.3 percent annually; . Median household estimates in a five-mile radius of City Center were also found to be higher than the same area around its two major retail competitors - Tacoma Mall and Southcenter Mall; · Based on supply and demand conditions across aU major land uses, market conditions support new construction, greater diversification of development types and the potential for a vital urban center. Detailed market findings are available in Exhibit 7. City Center (shawing the Site highlighted in red) The City has a number of tools available to assist landowners, developers and investors undertaking this and other development and redevelopment projects in the City Center. These are described later in this Request. City Center rvlixed-Use Development page 4 RFQ: Federal Way City Center Mixed-Use Development The Opportunity Project Summary Property City Center Mixed-Use Development Site ("The Site") Location The Site is located in the City Center of Federal Way, Washington at the southeast corner of S 316th St and 20th Av S; approximately 10 miles from SeaTac International Airport; and between downtown Seattle, located approximately 23 miles to the north, and downtown Tacoma, located approximately 14 miles to the south. The Site is within the northern half of City Center, the community's central business district, in an established retail area with numerous restaurants, retail stores, lodging establishments, cinemas, and service businesses. The Site is located adjacent to the City's Transit Center, featuring a 1200-space parking garage, bus platform for Sound Transit, METRO and Pierce Transit buses, and direct access via HOV lanes to 1-5 at S 317th St. This Transit Center serves as the transit hub for the greater Federal Way area and is slated to be a future light...rail hub, as well. Within walking distance are the Commons at Federal Way Mall, Steel Lake Park, and a full range of retail goods and services, including supermarkets. Site Condition The Site contains a 25,000-square- foot, masonry, former cinema building that is slated for demolition. The remainder of the Site is occupied by a paved, surface parking lot Access Via Interstate 5, S 320th St and north on 20th Avenue South. New HOV access to 1-5 opened January 2006. Site Area 182,952 square feet (approx. 4.2 acres) Scenic Attributes Views from the City of the Olympic Mountain Range and Puget Sound at 6+ stories are available, with unprecedented views of Mt. Rainier from ground level. Parking On-Site parking will need to be accommodated in the development program, chiefly in the form of structured parking (above and! or below ground). City Center Mixed-Use Development page 5 RFQ: Federal Way City Center Mixed-Use Development Zoning and Allowed Land Use Currently zoned as City Center Core which allows for a full mix of uses in low-, mid- and! or high-rise structures (maximum height allowed: 200 feet). Interstate 5 (over 175,000 ADT), Pacific Highway (approximately 28,000 ADT), and So. 320th Street (between 35,000 and 70,000 ADT). Traffic Volumes City sewer and water, natural gas, electric and telephone are all available to the Site. Fiberoptic cable and Wi-Fi are available in the City Center. Infrastructure Mix of uses which demonstrate the highest and best use of the Site; incorporating mid- and high-rise structures with low-rise components, including residential (both rental and ownership), office, retail, service, entertainment and institutional uses, supported by public open spaces. Intended Land Use Project Vision and Principles The City is seeking to select a developer who shares the enthusiasm and vision for a vibrant downtown Federal Way as a place to live, work, shop, and play. The Project envisions a dense mix of uses, featuring urban housing, commercial uses and open spaces. A central approach for the renaissance of City Center consists of encouraging strategic investment in a compact environment that contains an appropriate mix of land uses, gives greater emphasis to multiple forms of access, and creates a unique sense of place. Vision A well-crafted vision should be realistic and recognize economic, optical and environmental constraints. Successful visions must have its roots in the communitlj and must accurately reflect the views and aspirations of those who live and work there. It should be regularly evaluated and if necessanJmodified. Implementation of t1J.e vision requires consistent and disciplined public poliCl}. -- Urban Land Institute (ULl) The Federal Way City Center will be highly urbanized, mixed-use urban center with a concentration of housing units, commercial uses, jobs and public spaces supporting public transportation, pedestrian activity and a sense of place. Predominant land uses will be page lJ City Center Mixed-Use Development RFQ: Federal Way City Center Mixed-Use Development residential, commercial and public. The Project should serve as a catalyst within this urban center, designed to bring an active and vital mix of uses to the area in a pedestrian-friendly, transit.,.supportive format. Different land uses will be found side by side or within the same structures. The mix of uses will be located in a development with minimal setbacks, reduced parking requirements, and taller structures, all in an effort to achieve higher densities necessary to support "the place." It will serve as a catalyst for public and private investment and economic activity, effectively building off the strengths of the surrounding area and connecting to adjacent neighborhood. Desired Components of the Vision The desired components of this catalyst Project include the following: . Highest and best use of the site Mid- and high-rise buildings as well as low-rise components, achieving the sense of an "organic" village of structures, not a single "project." Mix of Uses - residential (both lease! own), office, retail, service, entertainment, or institutional, etc. Public open space in a "town square" format that is seamlessly integrated with surrounding development for activation, programming, passive vigilance, etc., and including art work and! or artistic expression. Superior urban design, site planning and building design Adherence to the Development Principles enunciated below. . . . . . In addition, while not a required component, there is a strong community desire to see the following included in a redevelopment project on the Site, if feasible: . Facilities to house either or both the Federal Way campus of the Highline Community College and the administrative offices of the Federal Way Public Schools. Both institutions have expressed interest in potentially locating at the Site, as well as participating in a future development. Please see Exhibit 3 for further details of each institution's needs and general terms. Development Goals and Principles As a development catalyst in a significant location in the Federal Way City Center, the Project should embody the best of Smart Growth prh'lciples and should be an urban design showcase. The final development plan to be prepared by the selected developer should incorporate these goals and principles as a fundamental part of the plan: Goals: . Address underserved market niche Support stabilization and diversification Provide direction for targeting and leveraging public investment Advance a market.,.tested stakeholder vision over the near- and long-term (as expressed herein) Advance a physically and economically sustainable plan . . . . City Center Mixed-Use Development page 7 RFQ: Federal Way City Center Mixed-Use Development Principles: · Smart Growth Principles, as defined by the American Planning Association (APA), 1998, including: · Efficient use of land resources; · Full use of urban services; · Mix of uses; · Transportation options; and · Detailed, human-scale design. . "Green" or Leadership in Energy and Environmental Design (LEED) development principles to the extent feasible (LEED rating not required) · Providing maximum opportunities for viable mixed-use commercial development. · Contributing to the overall character of Federal Way. · Providing a variety of urban housing opportunities. · Providing interesting and active fal;ades at the street level. · Respecting and interacting with surrounding property values and land uses. Incentives The City recognizes the physical and financial challenges that can accompany infill redevelopment, especially when compared with development of vacant" greenfield" sites. Consequently, the City intends to consider measures that may help to level the investment and regulatory playing fields. The City further recognizes that no single measure will address this objective, but rather that a series of measures, designed to capitalize on market opportunities and overcome barriers, may be appropriate. The City has identified the following potential partnership incentives and is willing to discuss their possible application to an appropriate redevelopment project: . Provision of a lead staff contact for the Project to facilitate and expedite permit approvals among various City departments, consistent with the development goals identified in the RFQ; 10-year limited property tax exemption enacted for residential development and certain mixed-use development components; City Center environmental impact statement completed 2006 and resulting Planned Action Ordinance that substantially lessens the SEP A environmental review burden for individual developers within the City Center Planned Action Area (that includes the Site). City Center zoning that allows for higher-density uses, with up to 200 feet in height allowed; Building Code provisions that allow 5-story wood-frame over concrete construction; Citizen outreach and assistance with public meetings; Redevelopment partnership funds. City funds may be made available to help finance public components, such as public open space, infrastructure, and public parking. The City will be considering the potential availability of State funds for public development components through the Local Infrastructure Financing Tool (LIFT) which may be approved by the Community Economic Revitalization Board (CERB). Other incentives as negotiated. . . . . . . . . Incentives potentially available from the City are not intended to replace other project financing from private or public sources. Rather, they are intended to be flexible resources that can City Center Mixed-Use Development page 8 RFQ: Federal Way City Center Mixed~Use Development potentially bridge funding gaps which may be created by the sometimes more difficult nature of such preprogrammed, infill developments. Once City-identified criteria are satisfactorily addressed, staff will work with the developer or development team to further analyze specific details about the project's financial pro forma and other factors, as warranted. Any potential financial assistance to the project will be determined based upon the nature and extent of the "gap" between the total project costs, the amount of public components, and the amount of private investment available to cover those costs, assuming a market-average rate of return on the private investment. Based upon this information, City staff will then recommend the extent of the City's potential financial participation in the project. Moreover, the level of any potential City financial participation will be dependent, in part, on the fiscal impact of the project to the community and expected private investment leverage resulting from its participation. The ultimate goal will be to make the project economically self-supporting as quickly as possible. Permitting Process Please feel free to contact Federal Way's Community Development Services Department via phone, in person or through their website for detailed information about development regulations and the permitting process. The Community Development Services Department website may be found at http://www.cityoffederalway.com/Page.aspx?page= 308. Selection Process Process An evaluation committee of stakeholders from the community and City staff will review the developer submittals. Additionally, the City Economic Development Director will contact references and brief committee members on those findings. Also, if needed, the committee will ask for and review supplemental written responses. The evaluation committee will evaluate each RFQ respondent's strength vis-a-vis the evaluation criteria and will determine a composite ranking of the respondents. Based upon the composite rankings, the Federal Way City Council will select approximately three (3) of the RFQ respondents to be invited to respond to a more detailed Request for Proposal. page RFQ: Federal Way City Center Mixed-Use Development Evaluation Criteria Submittals will be evaluated based on the following criteria, listed here in order of importance: 1. Qualifications of Firm and Relevant Experience/Projects: The City seeks a development team with demonstrated experience in mid- to large-scale mixed-use projects and urban housing, as well as with the financial capacity to develop such projects. 2. Relevant Public/Private Partnership Experience: Since the Project may include a public- private partnership, any relevant prior experience in similar partnerships should be noted. 3. Statement of development concept. Proposals are not requested nor expected from this RFQ process; however, a brief statement of the developer's development concept(s) for the Site is requested. This concept is to be in written form only, comprised of no more than one page of written text. 4. References: The City will contact references to evaluate past performance and working relationships. Development teams are cautioned not to undertake any activities or actions to promote or advertise their submittal, other than discussions with the City staff as described in this RFQ. .After the release of this RFQ developers and their representatives are not permitted to make any direct or indirect contact with members of the Evaluation Committee, Federal Way City Council, Federal Way Planning Commission, or media on the subject of this RFQ, except in the course of City evaluation committee-sponsored presentations. Violation of these rules is grounds for disqualification of the development proposal and team. City Discretion and Authority (Terms and Conditions) a. The City may accept such responses as it deems to be in the public interest and furtherance of the purposes of the City of Federal Way Comprehensive Plan, or it may proceed with additional selection processes. b. The City reserves the right to reject any and all RFQ respondents at any time, to waive minor irregularities and to terminate any negotiations implied in this RFQ or initiated subsequent to it. c. The City reserves the right to request clarification of information submitted, and to request additional information from any respondent. d. The City reserves the right to revise this RFQ and the RFQ evaluation process. Such revisions will be announced in writing to all RFQ respondents. e. City reserves the right to award a right to submit a RFP response to the next most qualified development team if the successful development team does not submit an RFP response within forty-five (45) days after selection. f. The issuance of the RFQ and the receipt and evaluation of submissions do not obligate the City to select a developer and/ or enter into or complete the RFP process. City Center Mixed-Use Development page 10 RFQ: Federal Way City Center Mixed-Use Development g. The City will not be responsible for costs incurred in responding to this RFQ. h. The City may cancel this process or the subsequent RFP process at any time prior to the selection of any respondent without liability. i. RFP's or contracts resulting from acceptance of a SOQ by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFQ. The City reserves the right to reject any proposed agreement or contract that does not conform to the specifications contained in this RFQ, and which is not approved by the City Attorney's office. Submi I quirements Submittal Document The following information, to be delivered in a sealed packet marked "City Center RFQ" must 'be included in the submittal response: 1. A letter of introduction signed by the principal(s) of respondentfirm(s). 2. Statement of understanding and project concept: Discuss the significance of the Site and Project, the team's willingness to negotiate a potential private-public partnership with the City; respondent' s view of the responsibility of the potential public-private partnership; and, an understanding of the role of mixed uses and urban housing in a healthy downtown. In addition, the respondent shall provide a written statement of project concept(s) to constitute no more than one page of written text. In no way is this statement of project concept binding on eventual proposal submittals. It is intended to demonstrate the respondent's initial concepts and/ or programmatic response to the Site's development opportunities and the City's redevelopment vision. 3. Team information: Name, addresses, and phone numbers of firm(s) responding (include contact information for each team member if the acquisition and development team includes other firms); division of tasks among team members; location of principal offices of the developer and each member firm of the consultant team; Description of form of organization (corporation, partnership~ etc.); Statement of years the firm has been in business under current name and a list of other names under which the firm has operated. 4. Resumes of firm(s) principals and officers and consultant principals to be involved. 5. Description of relevant experience of the development team. Descriptions or resumes should address individual experience and qualifications. City Center Mixed-Use Development page 11 RFQ: Federal Way City Center Mixed-Use Development 6. Project Examples: List and briefly describe relevant, successfully completed, mixed-use projects that demonstrate strong residential focus and integration of other commercial components, quality of design, attention to detail, integration into existing community fabric, and public-private partnering: Projects must have been completed within the last five (5) years. Project examples may be from individual experience of the team principals or from firm projects. At a minimum, include examples of projects from the development and design teams. 7. References: For each firm, submit a minimum of three (3) references from public agencies, private companies, or individuals with whom respondent has had relevant experience. Include contact names, addresses and telephone numbers. Submissions to this RFQ shall be in the order specified above. Qualifications must be submitted by no later than 3:00 p.m. PST on April 9, 2007. It is the sole responsibility solely of the respondent to see that its qualifications are received by the date and time stated in this RFQ. Respondents are asked to submit twelve (12) copies. No oral submittals will be considered. Materials in response to the RFQ may not be submitted via facsimile or e- mail. Materials must be received by the date and time. specified in this RFQ. Submit all materials to: Name: Patrick Doherty Title: Economic Development Director Agency: City of Federal Way, Washington Address (deliveries): 33325 8th Av South, Federal Way, WA 98003 (mail): PO Box 9718, Federal Way, W A 98063-9718 Contact Inquiries regarding all aspects of this RFQ should be directed to: Patrick Doherty, Economic Development Director City of Federal Way, Washington PO Box 9718 Federal Way, Washington 98063-9718 Phone: 253.835.2612 Fax: 253.835.2409 Email: patrick.doherty@cityoffederalway.com Pre-Submittal Meeting A pre-submittal meeting may be called by the City, depending on the numbers of inquiries and/ or requests for information prior to the RFQ submittal deadline. If called, all parties known to have inquired about the RFQ will be invited, and a notice will be placed on the City's website. page 12 City Center MIxed-Use Deve!opment RFQ: Federal Way City Center Mixed-Use Development Questions Questions regarding the Project or this RFQ process must be directed in writing (e-mail, fax, or mail) to the above con tact. The City will r~spond to all questions in writing. All substantive questions and corresponding answers will be posted on the City's website at cityoffederalway.com/bids at the "City Center Redevelopment RFQ" link. The deadline for submitting questions to the City shall be March 26, 2007 at 5:00 p.m., PST. City Center Mixed-Use Development page 13 RFQ: Federal Way City Center Mixed-Use Development Schedule The selection process to be carried out as part of this Request for Qualifications (RFQ), includes the following steps: Publication in Federal Way Mirror, Daily Journal of Commerce and Puget Sound Business Journal, and distribution of RFQ to developers: March 12, 2007 Review period: Notification to highest-ranked developers: March 30, 2007, 12:00 p.m. PST March 26, 2007, 5:00 p.m. PST April 9, 2007, 3:00 p.m. PST Dates: April 15-30, 2007 Date: April 30, 2007 Optional pre-submission conference: Last day to submit questions to the City in writing: RFQ Response Deadline: City Center Mixed-Use Development page 14 RFQ: Federal Way City Center Mixed-Use Development Appendices The following exhibits are appendices to this RFQ, containing background information describing the Project and relevant documentation. They are available as a PDF via the city's website at city offederalway.com/bids at the "City Center Redevelopment RFQ" link. Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Federal Way City Center Map of Site Site Aerial Additional Details regarding Potential Participation by Highline Community College and/ or Federal Way Public Schools Preview of RFP Requirements Criteria for Public-Private Partnerships City Center Market and Promotional Material Recent News Articles About City Center Formal Legal Notice/ Advertisement Title Report - Available upon request City Center Mixed-Use Development page 15 ATTACHMENT 9 F-.-..W~_W" symphony EXHIBIT C Attachment Approximate Development & Construction Schedule 200S 2009 2010 Sep-07 Dec-07 Jan-OS Mar-08 Jun-08 Sep-08 Dec-08 Jan-09 Mar-09 Jun-09 Sep-09 Dec-09 Jan-10 2011 Mar-10 Jun-l0 Sep-l0 Dec-l0 Jan-11 Mar-11 Jun-11 2012 2013 Sep-ll Dec-ll Jan-12 Mar-12 Jun-12 Sep-12 Dec-12 Jan-13 2014 Mar-13 Jun-13 Sep-13 Dec-13 Jan-14 Mar-14 Jun-14 Sep-14 Dec-14 Construction Financing Schematic & Design Development PSA Negotiations & Approval Entitlement Approvals Close on Properly Transaction Construction Drawings Excavation, Shoring, Foundation & Building Permits Pre-Sales Close on Condo Sales & Move In 3D-Jun 1-Jul 30-Jun 1-Jul 30-Se Phase 1 & Park 1,Aug 31-Jan18 months Excavate Site & Install Shoring Install Foundations Install Garage Install Shell & Core Tower Install Interiors Install Park Move In Tenants I Condo Owners 18 months Excavate Site & Install Shoring Install Foundations Install Garage Install Shell & Core Tower Install Interiors Move In Tenants I Condo Owners -' "18 months Excavate Site & Install Shoring Install Foundations Install Garage Install Shell & Core Tower Install Interiors Move In Tenants I Condo Owners 18 months Excavate Site & Install Shoring Install Foundations Install Garage Install Shell & Core Tower Install Interiors Move In Tenants I Condo Owners EXHIBIT D CERTIFICATE OF NON-FOREIGN STATUS 1. The undersigned hereby certifies the following: a. That the Transferor, THE CITY OF FEDERAL WAY, a Washington municipal corporation, is not a foreign entity (as said term is defined in the Internal Revenue Code and Income Tax Regulations) with respect to the transfer of that certain real property legally described in Exhibit A attached hereto and made a part hereof; and b. The tax identification number of the Transferor is and the offices of the Transferor are located at 33325 8th Ave., South, Federal Way, Washington 98063-9718 2. The Transferor understands that this Certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punishable by fine, imprisonment or both. Under penalties of perjury, I declare that I have examined this Certification and to the best of my knowledge and belief, it is true, correct and complete, and I further declare that I have authority to sign this document on behalf ofthe Transferor. Dated the _ day of .2008. THE CITY OF FEDERAL WAY, a Washington municipal corporation By: Name: Neal Beets, City Manager City's Response 11/28/07 -38- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, King County Short Plat Number 182027, according to the short plat recorded under recording number 8403140752, Records of King County EXCEPT that portion condemned in King County Superior Court Cause Number 03-2-18100- 5KNT for the construction, operation and maintenance of the Regional Express Federal Way Transit Center and related facilities, AND EXCEPT that portion described as follows: Beginning at the Southwest comer of said Lot 1; Thence along the West line of said Lot North 01120' /23" East 28.21 feet; thence parallel with the South line of said Lot South 88116'19" East, 413.57 Feet to the East line of said Lot; Thence along said East line South 01129'/00" West, 28.21 feet to the South line of said Lot; thence along said South Line North 88116' 19" West, 413.50 feet to the Point of Beginning. Also known as Parcel A of City of Federal Way Boundary Line Adjustment No BLA 06-106111- SU, Recorded under recording Number 20061229900009 City's Response 11/28/07 -39- EXHIBIT E TRANSIT EASEMENT Easement for limited public transportation ingress and egress on Symphony Lane for such vehicles as circulator shuttles, transit access vans, jitneys, etc. City's Response 11/28/07 -40- EXHIBIT F SITE PLAN AND EASEMENT FOR PUBLIC INGRESS & EGRESS This will provide an easement for public access to and from Symphony Park through and across the Symphony Project property. The attached concept park plan indicates the minimally required public access corridors, although the easement will provide for reasonable access across all publicly accessible areas of the project. - Through and Across Symphony Lane - Via public stairways and corridors located at the SW and SE comers of the Symphony Project - Through and across a stairway and public access corridor running from mid-block along S 316th Street, between Buildings C and D to Symphony Lane. - Through designated publicly accessible stairways and/or elevators from any publicly accessible underground parking facilities. . City's Response 11/28/07 -41- EXHIBIT G EASEMENT FOR MAINTENANCE OF SAFE CITIES SYSTEMS AND EQUIPMENT This easement will provide for access by the City or its designee to any locations within the Symphony Project that contain Safe Cities systems and/or equipment for maintenance, repair and/or replacement. City's Response 11/28/07 -42- EXHIBIT H STATUTORY WARRANTY DEED - SYMPHONY PARK AFTER RECORDING RETURN TO: City of Federal Way Attn. City Administrator 33325 8th Ave., South Federal Way, Washington 98063-9718 STATUTORY WARRANTY DEED WITH RESERVATION OF EASEMENTS Grantor: United Properties-Symphony, LLC, a Washington limited liability company Grantee: City of Federal Way, a Washington municipal corporation Abbreviated Legal Description: quarter of Section _, Township _ North, Range _ East, W.M., City of Federal Way, King County, Washington Assessor's Tax Parcel ID#: THIS STATUTORY WARRANTY DEED WITH RESERVATION OF EASEMENTS (this "Deed") is made this _ day of , 2008 by the UNITED PROPERTIES- SYMPHONY, LLC, a Washington limited liability company ("United Properties") and the CITY OF FEDERAL WAY, a Washington municipal corporation (the "City") with regard to the following: RECITALS A. United Properties is the sole Owner in fee simple of certain real property in Federal Way, King County, Washington, more particularly described in Exhibit A hereto ( the "Property"). City's Response 11/28/07 -43- B. The Property is part of the development of 4 multi-use, multi-storied buildings, associated parking garage and a public park commonly referred to as the Symphony Project (the "Project''). C. The City and United Properties entered into a Real Estate Purchase and Sale Agreement pursuant to which United Properties agreed to develop the Property into a public park ("Symphony Park") and then contribute and convey the Property to the City for the purposes of using, maintaining and occupying the Property as a public park. D. United Properties has completed construction of Symphony Park and the City is prepared to accept its conveyance and agrees that the Property will be held and used solely for park purposes and that it shall be preserved and maintained as a public park in perpetuity by prohibiting uses of or activities within Symphony Park that are inconsistent with this preservation. NOW THEREFORE, in consideration of the rights and benefits flowing to the City and to United Properties under the Real Estate Purchase and Sale Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: ARTICLE I. CONVEYANCE 1.1 Deed to the City. For the reasons stated above, and for good and valuable consideration, United Properties hereby dedicates, warrants, grants and conveys to the City in fee simple the "Property" situated in the City of Federal Way, County of King, State of Washington that is legally described on Exhibit A attached hereto, subject to the existing easements, covenants and restrictions record and those listed on Exhibit B attached hereto and incorporated herein by reference. 1.2 Covenants and Conditions. Except as specifically set forth in this Deed, and except for the existing rights and entitlements arising under the easements and restrictions or record and those described on Exhibit B hereto, the City shall hold, develop, occupy and improve the Property in perpetuity exclusively as a public park for the life ofthe Project. ARTICLE II-RESERVATION OF EASEMENTS 2.1 Reservation. United Properties, for itself and its successors and assigns as to the Property hereby expressly reserves, declares and establishes over and across the Property for the benefit of the real property described on Exhibit C hereto (the "Benefited Property"), the following perpetual, non-exclusive Utility and Maintenance Easements: City's Response 11/28/07 -44- 2.1.1 Utility Easement Reservation. The right of the fee owner to a Utility Easement, to be recorded and amend this Deed, to a portion of the Property in order to install, use, inspect, repair and replace utility lines and facilities for all utilities including, water, sewer, septic, power, fuel, and communication lines and related facilities for the benefit of the Benefited Property over and across the Property to provide utility service of every nature to each of the buildings, the parking garage and all associated improvements within the Benefited Property; provided, that any and all such installed utility systems and facilities shall be underground, no arterial utility lines shall be permitted to cross above Symphony Park or encroach upon the airspace of Symphony Park, and that all vegetation, improvements and appurtenances within the Property that are disturbed incident to the exercise of such reserved easement right shall be promptly restored and replaced as nearly as possible to the condition existing prior to such inspection, installation, maintenance, repair or replacement of such utility systems. 2.1.2 Maintenance Easement Reservation. The right of the fee owner to a permanent Maintenance Easement of approximately ten feet in width along the perimeters of Towers A and B in order to maintain, inspect, repair, replace or renovate any portion of Towers A and B located on the perimeter of the Symphony Park and the parking garage that is located adjacent to the Symphony Park. Provided, the reservation of the easement described in the Deed shall not unreasonably interfere with the use of Symphony Park. Provided that any vegetation and improvements within Symphony Park that are disturbed incident to such staging, storage, maintenance inspection, repair, replacement or renovation, shall be promptly restored as nearly as possible to the condition existing prior to such activities. 2.1.3 Right of Entrv. The Easement rights reserved herein shall include the right of the fee owner and its agents, contractors and employees, to enter onto the Property at reasonable times without court order but upon reasonable notice to the City to: (i) undertake any of the permitted activities as generally described in this Article II, and (ii) undertake all activities that are reasonable and necessary for the accomplishment of the purpose of the easements reserved in this Article II. 2.2 Binding Effect of the Reserved Easements. The easements reserved in this Article II, shall be perpetual in nature, shall run with the land, forever burdening the title to the Property for the benefit of the Benefited Property. 2.3 Indemnification. Except to the extent of the negligent acts or omissions by the City or other fee owner of the Property, United Properties as the fee owners of the Benefited Property and its successors and assigns as the fee owners shall defend, indemnify and save harmless the City and its successors and assigns as to the Property from liability, loss or damage which result from acts or omissions of the fee owners of the Benefited Property and/or its agents, employees, contractors and subcontractors with regard to the use of the Easement Property and the exercise of the rights reserved in this Article II. This indemnification shall include defense and indemnification from all liens claimed by any persons or entities arising from any undertakings by the fee owners of the Benefited Property and/or its agents, employees, City's Response 11/28/07 -45- contractors and subcontractors and from all liability for injured persons that may arise from injuries suffered while upon the Property in the exercise of the rights reserved in this Article II. This indemnification obligation shall include reimbursement for all attorneys' fees and costs incurred by the City or the fee owner of the Property in the event of any action or proceeding for which an indemnification obligation is owed by United Properties and its successors and assigns as the fee owners of the Benefited Property. 2.4. Costs and Expenses. United Properties and its successors and assigns as the fee owners of the Benefited Property shall bear and promptly pay any and all costs, charges, fee and expenses incurred in the design, permitting, construction, inspection, maintenance, repair and replacement of any of the utility facilities located upon the Property for the benefit of the Benefited Property, any inspection, maintenance, repair or replacement of the buildings, the parking garage or associated improvements now or hereafter located upon the Benefited Property, and the cost, charges, fee and expenses necessary to restore and replace the Property after any exercise of easement rights set forth herein. ARTICLE III-MISCELLANEOUS PROVISIONS 3.1 Captions for Convenience. The captions and headings of the sections and paragraphs of this Statutory Warranty Deed with Reservation of Easements are for convenience of reference only and shall not be construed in interpreting the provisions hereof. 3.2 Attorneys' Fees. In the event it is necessary for either party to retain the services of an attorney in order to enforce any provision of this Deed, or any portion thereof, the non- prevailing party shall pay to the prevailing party taxable costs and reasonable attorneys' fees incurred in such proceedings. 3.3 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Washington. 3.4 Successors. This Deed shall be binding upon, and inure to the benefit of, the City and the fee owners of the Benefited Property, and their respective successors and assigns. 3.5 Recordation. This Deed shall be recorded in the official records of King County, Washington and the City may fe-record it at any time as may be required to preserve its rights in this Deed. 3.6 Amendment. The provisions, covenants, restrictions and reserved easement rights set forth in this Deed may be amended only in writing signed by all fee owners of the Benefited Property and the City or its successors and assigns. Any amendment shall be recorded in the official records of King County, Washington. City's Response 11/28/07 -46- WHEREOF, this Deed is executed as of this _ day of _,2008. THE CITY: CITY OF FEDERAL WAY, a Washington municipal corporation: By: Its: UNITED PROPERTIES: United Properties-Symphony, LLC, a Washington limited liability company By: ITS: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that IS the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the of CITY OF FEDERAL WAY, a Washington municipal corporation, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: City's Response 11/28/07 -47- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument as the MANAGING MEMBER on behalf of UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company, pursuant to the provisions of the Limited Liability Company Agreement of said company, and acknowledged it to be the free and voluntary act of said company for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington Commission Expires: City's Response 11/28/07 -48- EXHIBIT A LEGAL DESCRIPTION OF PROPERTY City's Response 11128/07 -49- EXHffiIT B LISTING OF EXISTING EASEMENTS. COVENANTS AND RESTRICTIONS BURDENING TITLE TO THE PROPERTY City's Response 11/28/07 -50- EXHffiIT C LEGAL DESCRIPTION OF THE BENEFITED PROPERTY City's Response 11/28/07 -51- EXHIBIT I JOINT SYMPHONY PARK MAINTENANCE AGREEMENT Purpose. - This Exhibit will establish standards for care, maintenance, repair, replacement, etc., of Symphony Park, based on the final, approved design of Symphony Park. The intention is for the City to establish such standards at a level commensurate with the quality, prominence and level of use of an urban, city center public park, as differentiated from the standards in place for the maintenance of neighborhood parks. Such standards will include: - Schedule of maintenance, repair, replacement - 50% contribution to maintenance costs by both Seller and Buyer (or its successors, assignees) - City shall determine annually whether City staff or contracted providers will conduct maintenance and shall calculate costs to be shared with Buyer, as per above. -Maintenance of public restrooms Modifications to this Exhibit. Upon mutual consent of the parties, this Exhibit may be modified at any time. City's Response 11/28/07 -52- EXHIBIT J SYMPHONY PARK JOINT USE AGREEMENT Purpose. This Exhibit is intended to address scheduling, events, programming and use rules for Symphony Park. In order to address appropriate public use and private interests, Seller agrees to collaborate with the HOA and/or BIA regarding the operations of Symphony Park including but not limited to scheduling, events, and programming. Rules for use of Symphony Park for City-sponsored or third-party functions, events, uses and activities will comply with existing City Ordinances and Parks, Recreation and Cultural Services Dept rules, or as may be amended to address issues specific to Symphony Park. Modifications to this Exhibit. Upon mutual consent of the parties, this Exhibit may be modified at any time. City's Response 11/28/07 -53- EXHIBIT K CITY OF FEDERAL WAY PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned United Properties-Symphony LLC, ("Principal") and , the undersigned corporation organized and existing under the laws of the State of Washington and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation ("City") in the penaJ sum of Two Million Fifty Six Thousand. Dollars and no/IOO ($2,056,000.00) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the .statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated December , 2007 for the purchase and phased development of property commonly called the "AMC Theater site". Principal and City agree that the Principal could defer payment ("Deferred Payment") of the purchase price in the amount of Two Million Fifty Six Dollars and no/IOO ($2,056,000.00) until the issuance of the final Certificate of Occupancy for Phase I of the development. Said Deferred Payment would be secured by a bond. NOW, THEREFORE, if the Principal shall purchase said "AMC Theater site" and shall secure the Deferred Payment of Two Million Fifty Six Dollars and no/lOO ($2,056,000.00), and shall indemnify and hold the City harmless from any damage or expense by reason of failure to pay the Deferred Payment. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms ofthe Agreement or to the Work. City's Response 11/28/07 -54- DATED this _ day of ,20_. CORPORATE SEAL OF PRINCIPAL: [PRINCIPAL] By: (Name of Person Executing Bond) Its: (Title) (Address) (Phone CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) City's Response 11/28/07 -55- APPROVED AS TO FORM: City Attorney, Patricia A. Richardson (Name of Person Executing Bond) (Address) (Phone) City's Response 11/28/07 -56- EXHIBIT L STATUTORY WARRANTY DEED - PROPERTY AFTER RECORDING RETURN TO: City of Federal Way Attn. City Administrator 33325 8th Ave., South Federal Way, Washington 98063-9718 ST A TUTORY WARRANTY DEED WITH DEVELOPMENT COVENANTS Grantor: City of Federal Way, a Washington municipal corporation Grantee: United Properties-Symphony, LLC, a Washington limited liability company Abbreviated Legal Description: quarter of Section _, Township _ North, Range _ East, W.M., City of Federal Way, King County, Washington Assessor's Tax Parcel ID#: 0921049021 THIS STATUTORY WARRANTY DEED WITH DEVELOPMENT COVENANTS (this "Deed") is made this _ day of , 2008 by the CITY OF FEDERAL WAY, a Washington municipal corporation (the "City") and UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company ("United Properties") and with regard to the following: RECITALS A. The City is the sole Owner in fee simple of certain real property in Federal Way, King County, Washington, more particularly described in Exhibit A hereto (the "Property"). B. The City has agreed to sell the Property to United Properties with the express agreement that United Properties will develop the Property in a manner consistent with the agreements between the City and United Properties. City's Response 11/28/07 -57- NOW THEREFORE, in consideration of the rights and benefits flowing to the City and the rights and benefits flowing to United Properties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: ARTICLE 1. TERMS OF DEED 1.1 Deed to United Properties. For and in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration, The City hereby grants, conveys and warrants to United Properties-Symphony, LLC, a Washington limited liability company, the real estate situated in the City of Federal Way, County of King, State of Washington that is legally described on Exhibit A attached hereto. 1.2 Encumbrances of Record. This conveyance of the Property is in its "AS-IS, WHERE-IS" condition. Title to the Property is conveyed by the City and accepted by United Properties subject to the existing easements, covenants and restrictions that are listed on Exhibit B hereto. ARTICLE II. DEVELOPMENT COVENANTS. 2.1 Subdivision of Property. The Property has been subdivided into five separate parcels, each with its own legal description. 2.2 Reservation and Declaration of Development Covenants. Attached hereto as Exhibit B is the listing of the covenants, conditions and restrictions for the post-closing development of the Property by United Properties (the "Development Covenants"). United Properties, for itself and its successors and assigns as to the Property hereby expressly warrants, covenants and agrees that it shall develop the Property constructing four (4) mixed use residential and retail tower buildings and an associated parking garage on four of the parcels, and a park on the fifth parcel, commonly referred to as "Symphony Park." (the "Park") in compliance with the Development Covenants. Except as specifically set forth in Exhibit B hereto, United Properties and its successors and assigns as the fee owners of the Property shall bear and promptly pay any and all costs, charges, fees and expenses incurred in the design, permitting, and construction of the four (4) mixed use residential and retail tower buildings, the associated parking garage and the Park. 2.3 Binding Effect of the Reserved Easements. Except as set forth in Exhibit B relating to the future termination of the Development Covenants following the date of final completion of the four (4) mixed use residential and retail tower buildings, the associated parking garage and the Park, the Development Covenants: (i) shall perpetually bind United Properties, its successors and assigns as to the Property, and (ii) shall be perpetual in nature, shall run with the land, forever burdening the title to the Property for the benefit of the City. City's Response 11/28/07 -58- ARTICLE III. CONVEYANCE OF PARK 3.1 Conveyance of Park to the City of Federal Way. United Properties shall convey the separate legal parcel containing the Park, as legally described in Exhibit C, in fee simple to the City of Federal Way upon completion and issuance of a final Certificate of Occupancy for Phase 1. ARTICLE IV. MISCELLANEOUS PROVISIONS 4.1 Captions for Convenience. The captions and headings of the articles, sections and paragraphs of this Deed are for convenience of reference only and shall not be construed in interpreting the provisions hereof. 4.2 Attorneys' Fees. In the. event it is necessary for -either party to retain the services of an attorney in order to enforce any provision of this Deed, or any portion thereof, the non- prevailing party shall pay to the prevailing party taxable costs and reasonable attorneys' fees incurred in such proceedings. 4.3 Governing Law. This Deed shall be governed by and construed in accordance with the laws of the State of Washington. 4.4 Successors. This Deed and the Exhibits hereto shall be binding upon the City and United Properties and their respective successors and assigns. 4.5 Amendment. The provisions, covenants, restrictions and reserved rights set forth in this Deed and the exhibits hereto may be amended only in writing signed by the City or its successors and assigns. Any amendment shall be recorded in the official records of King County, Washington. WHEREOF, this Deed is executed as ofthis _ day of _,2008. THE CITY: CITY OF FEDERAL WAY, a Washington municipal corporation: By: Its: City's Response 11/28/07 -59- UNITED PROPERTIES: United Properties Symphony, LLC, a Washington limited liability company By: ITS: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that IS the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as the of CITY OF FEDERAL WAY, a Washington municipal corporation, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: City's Response 11/28/07 -60- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument as the MANAGING MEMBER on behalf of UNITED PROPERTIES SYMPHONY, LLC, a Washington limited liability company, pursuant to the provisions of the Limited Liability Company Agreement of said company, and acknowledged it to be the free and voluntary act of said company for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington Commission Expires: City's Response 11/28/07 -61- EXHffiIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, King County Short Plat Number 182027, according to the short plat recorded under recording number 8403140752, Records of King County EXCEPT that portion condemned in King County Superior Court Cause Number 03-2-18100- 5KNT for the construction, operation and maintenance of the Regional Express Federal Way Transit Center and related facilities, AND EXCEPT that portion described as follows: Beginning at the Southwest comer of said Lot 1; Thence along the West line of said Lot North 01120'123" East 28.21 feet; thence parallel with the South line of said Lot South 88116'19" East, 413.57 Feet to the East line of said Lot; Thence along said East line South 01129'100" West, 28.21 feet to the South line of said Lot; thence along said South Line North 88/16'19" West, 413.50 feet to the Point of Beginning. Also known as Parcel A of City of Federal Way Boundary Line Adjustment No BLA 06-106111- SU, Recorded under recording Number 20061229900009 City's Response 11/28/07 -62- EXHIBIT B DEVELOPMENT COVENANTS BURDENING TITLE TO THE PROPERTY City's Response 11/28/07 -63- EXHmIT C LEGAL DESCRIPTION OF PARCEL CONTAINING THE PARK City's Response 11/28/07 -64- EXHIBIT M TEMPORARY CONSTRUCTION EASEMENT AFTER RECORDING RETURN TO: City of Federal Way Attn. City Clerk 33325 8th Ave., South Federal Way, Washington 98063-9718 TEMPORARY CONSTRUCTION EASEMENT Grantor: City of Federal Way, a Washington municipal corporation Grantee: United Properties-Symphony, LLC, a Washington limited liability company Abbreviated Legal Description: quarter of Section _, Township _ North, Range _ East, W.M., City of Federal Way, King County, Washington Assessor's Tax Parcel ID#: 0921049021 For and in consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, the City of Federal Way, a Washington municipal corporation (the "City") grants, conveys and warrants to United Properties-Symphony, LLC, a Washington limited liability company, ("United Properties") for the purposes hereinafter set forth, a temporary construction easement under, across and over certain real property located in Federal Way, Washington, that is legally described on Exhibit A hereto (the "Easement Property") as follows: 1. Purpose. United Properties and its agents, designees, contractors and/or assigns shall have the right, without prior notice to the City, at such times as deemed necessary by United Properties, to enter upon the Easement Property to: (i) stage, store, maintain, prepare and utilize City's Response 11/28/07 -65- material for the construction of Tower A and Tower B, the parking garage and associated improvements of the Project commonly known as the "Symphony Project" (the "Project") that is being constructed by United Properties upon Parcels 1 through 5 of the City of Federal Way Binding Site Plan Number BSP , as recorded under King County Recording Number (the "Property"), and (ii) place, use and operate overhead tower cranes incident to the construction of Tower A and Tower B of the Project, and (iii) use and operate overhead tower cranes incident to the construction of Tower C and Tower D ofthe Project. 2. Access. United Properties and its agents, designees, contractors and/or assigns shall have the right of access to the Easement Property to enable United Properties to exercise its rights hereunder in such locations as may be mutually agreeable to the City and United Properties. 3. Restoration, Completion. United Properties and its agents, designees, contractors and/or assigns shall exercise the easement rights granted herein with the express and unequivocal understanding and agreement that upon the termination and e~piration of the easement rights granted herein, United Properties shall forthwith commence and complete with reasonable speed the final improvements to the Park to be constructed upon the Easement Property as required by the terms of the Real Property Purchase and Sale Agreement between the parties dated the _ day of December, 2007 (the "Agreement"). 4. Duration of Construction Easement. The Temporary Construction Easement shall remain in force until such time as the construction requirements for the Project as specified in subparagraphs (i) through (iii) of Paragraph 1 hereof are reasonably complete and the City and United Properties have reasonably determined that the requirement for, and the necessity of the temporary construction easement has terminated. 5. Indemnification. United Properties agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, any negligent acts or omissions by United Properties, its agents, designees, contractors and/or assigns connected with the use or exercise of the Easement rights granted herein. 6. 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 for the duration of this Temporary Construction Easement. 7. Counterparts. This Easement Document may be executed in one or more counterparts, each of which shall be deemed an original and with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce City's Response 11/28/07 -66- one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Easement Document and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the parties have executed a counterpart of this Easement Document shall be the "date of mutual execution" hereof WHEREOF, this Easement Document is executed as of the date of mutual execution hereof. THE CITY: CITY OF FEDERAL WAY, a Washington municipal corporation: By: Its: City Manager Dated this _ day of _, 2008 UNITED PROPERTIES: United Properties-Symphony, LLC, a Washington limited liability company By: Its: Managing Member Dated this _ day of _, 2008 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that IS the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that 'she was authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF FEDERAL WAY, a Washington municipal corporation, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: City's Response 11/28/07 -67- STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that IS the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument as the MANAGING MEMBER on behalf of UNITED PROPERTIES-SYMPHONY, LLC, a Washington limited liability company, a Washington limited liability company, pursuant to the provisions of the Limited Liability Company Agreement of said company, and acknowledged it to be the free and voluntary act of said company for the uses and purposes mentioned in the instrument. DATED: NAME: (Print Name) Notary Public in and for the State of Washington. Commission Expires: City's Response 11/28/07 -68- EXHillIT A LEGAL DESCRIPTION OF PROPERTY Parcel 5 of the Federal Way Binding Site Plan Number BSP , as recorded under King County Recording number 2008 , Records of King County, which Parcel is a portion of the real property formally known as: Lot 1, King County Short Plat Number 182027, according to the short plat recorded under recording number 8403140752, Records of King County EXCEPT that portion condemned in King County Superior Court Cause Number 03-2-18100- 5KNT for the construction, operation and maintenance of the Regional Express Federal Way Transit Center and related facilities, AND EXCEPT that portion described as follows: Beginning at the Southwest comer of said Lot 1; Thence along the West line of said Lot North 01120'/23" East 28.21 feet; thence parallel with the South line of said Lot South 88/16'19" East, 413.57 Feet to the East line of said Lot; Thence along said East line South 01129'100" West, 28.21 feet to the South line of said Lot; thence along said South Line North 88/16'19" West, 413.50 feet to the Point of Beginning. Also known as Parcel A of City of Federal Way Boundary Line Adjustment No BLA 06-106111- SU, Recorded under recording Number 20061229900009 City's Response 11/28/07 -69- EXHIBIT N PERFORMANCE/MAINTENANCE BOND - PARK AND FRONTAGE IMPROVEMENTS Applicant: Project: Property Address: Federal Way, W A Bond #: Permit#: Bond Amount: Cash Deposit Amount: CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this _ day of 200_. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and United Properties-Symphony, LLC, a Washington limited liability company ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including frontage improvements and completion of Symphony Park, at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above-referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("Work"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. City's Response 11/28/07 -70- 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant. shall deliver the fully executed Performance/Maintenance Bond to the City, in the form attached hereto as Exhibit "A" and incorporated by this refer~nce ("Bond"), to guarantee Applicant's performance of the construction ofthe improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) of the original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Right to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. Notice. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution of this Agreement equal to the following percentages of the amount of the Bond: City's Response 11/28/07 -71- Amount of Bond Amount of Cash Deposit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-112% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount ofthe Bond. 10. License. Applicant shall record a license in the form attached hereto as Exhibit "D" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. II. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence. CITY OF FEDERAL WAY By: CaryM. Roe, P. E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Ave S PO Box 9718 Federal Way, Washington 98063-9718 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson City's Response 11/28/07 -72- UNITED PROPERTIES-SYMPHONY, LLC: By: Its: STATE OF WASHINGTON) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of 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 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 City's Response 11/28/07 -73- Bond # EXHIBIT A Project: Permit #: CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the ("Principal ") undersigned undersigned and the corporation organized and eXIstmg under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of and noll 00 Dollars ($ ) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 200 for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. City's Response 11/28/07 -74- And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent ofthe Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. City's Response 11/28/07 -75- DATED this _ day of ,20_. CORPORATE SEAL OF PRINCIPAL: UNITED PROPERTIES-SYMPHONY, LLC By: (Name of Person Executing Bond) Its (Title) (Address) (Phone CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) City's Response 11/28/07 -76- (Address) (Phone) APPROVED AS TO FORM: City Attorney, Patricia A. Richardson City's Response 11/28/07 -77- EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion of the conditions of the Agreement and Performance/Maintenance Bond for , have been satisfied and hereby authorizes the release of an amount equal to and No/IOO Dollars ($~. The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of ,200_ CITY OF FEDERAL WAY By: (Name, Title) City's Response 11/28/07 -78- EXHffiIT C FULL RELEASE OF BOND # TERMINATION OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/Maintenance Bond for , have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of and Noll 00 Dollars ($ ). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this day of ,200_ CITY OF FEDERAL WAY By: (Name, Title) City's Response 11/28/07 -79- FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: NamelDepartment EXHIBIT D LICENSE Grantor (s): United Properties-Symphony, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Additional Legal Description indicated below. Assessor's Tax Parcel ID#(s): The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: [Insert full Legal Description here and/or insert abbreviated Legal Description and state: Full Legal description attached hereto as Exhibit" 1" and incorporated herein by this reference] ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond dated , 200_ entered into between the City and the undersigned and incorporated herein by this reference. DATED this_ day of_, 200_. (Signature) City's Response 11/28/07 -80- STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the of , the corporation that executed the foregoing License, 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 my hand and official seal this day of ,20_ (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires City's Response 11/28/07 -81- EXHIBIT 0 PERFORMANCE/MAINTENANCE BOND - FRONTAGE IMPROVEMENTS Applicant: Project: Property Address: Federal Way,W A Bond #: Permit#: Bond Amount: Cash Deposit Amount: CITY OF FEDERAL WAY AGREEMENT AND PERFORMANCE/MAINTENANCE BOND THIS AGREEMENT ("Agreement") is dated effective this _ day of 200_. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City") and United Properties-Symphony, LLC, a Washington limited liability company ("Applicant"). A. The Applicant is required to perform certain work and/or complete certain improvements, including frontage improvements, at the above referenced address located in Federal Way, Washington in connection with Applicant's Land Use Application under the above- referenced permit number ("Permit"); B. The improvements will be constructed or the work performed in accordance with record drawings and approved plans on file with the City ("Plans"); C. The City has determined that the Applicant must post security with the City pursuant to Sections 22-146 through 22-159 of the Federal Way City Code ("FWCC") as now existing or hereafter adopted or amended, to guarantee Applicant's performance of the required construction of improvements or performance of work, maintenance or repair in accordance with the Plans as a condition of granting the Permit. NOW, THEREFORE, the Parties agree as follows: 1. Improvements. Applicant shall construct all improvements and perform all maintenance pursuant to the Plans, to the City's satisfaction ("W ork"). The obligation to maintain the improvements shall continue for a period of two (2) years after issuance of the certificate of occupancy or final inspection, or such longer period as required by the FWCC or other applicable law, rule or regulation. City's Response 11/28/07 -82- 2. Completion of Work. The Applicant shall complete the Work to the City's satisfaction, within the time period prescribed by the City, and in full compliance with the Plans, including any approved amendments thereto, and in conformance with all applicable laws, rules or regulations. 3. Performance/Maintenance Bond. Applicant shall deliver the fully executed Performance/Maintenance Bond to the City, in the form attached hereto as Exhibit "A" and incorporated by this reference ("Bond"), to guarantee Applicant's performance of the construction ofthe improvements and/or maintenance of the improvements pursuant to the Plans. 4. Release of Bond. If the Principal constructs the improvements in accordance with the terms of the Bond, the Permit and all applicable law, the sum of the Bond shall be reduced by seventy percent (70%) after final inspection and approval of the improvements by the City and the City will deliver to Principal the fully executed Partial Release of Bond attached hereto as Exhibit "B". Except as set forth in the preceding sentence, the Bond shall remain in full force and effect. That portion of the Bond equal to thirty percent (30%) ofthe original penal sum shall remain in full force and effect for two (2) years after final inspection and approval, as a maintenance bond to guarantee against defective materials and workmanship in the construction of the improvements and to insure continued maintenance of the improvements. Two (2) years after final inspection and approval of the improvements and performance of the maintenance, the City will release the remaining portion of the Bond by executing and delivering to Principal the Full Release of Bond attached hereto as Exhibit "C". 5. Right to Complete Work. In the event the Applicant fails to perform the Work, the City may, but in no event is it obligated to, request the disbursement of the Bond from the surety and perform any of the necessary Work. Upon demand, Applicant agrees to pay the City an amount equal to all of the City's costs and expenses in performing such Work in excess of the amount of the Bond. 6. Notice. The Community Development Department of the City shall be given forty-eight (48) hours notice prior to the commencement of the Work. 7. Indemnification. Applicant agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) arising from, resulting, or connected with this Agreement and the Bond, including without limitation, the City's performance of the Work pursuant to Section 5 herein. 8. Administrative Cash Deposit. In addition to the amount of the Bond, Applicant agrees to pay a cash deposit to the City pursuant to Section 22-151 of the FWCC, upon the execution ofthis Agreement equal to the following percentages of the amount ofthe Bond: City's Response 11/28/07 -83- Amount of Bond Amount of Cash Deposit Up to $20,000 $20,001 - $50,000 $50,001 - $100,000 $100,001 and up 5% of Bond (minimum $100) 4% of Bond 3% of Bond 2-112% of Bond The cash deposit may be used by the City to cover its actual expenses in administering this Agreement and, if necessary, collecting and using the proceeds from the Bond. 9. Remedies Cumulative. No remedy provided for by this Agreement shall be deemed exclusive, but shall be deemed cumulative and in addition to every other remedy available to the City at law, in equity or by statute. Applicant's liability under this Agreement is not limited to the amount of the Bond. 10. License. Applicant shall record a license in the form attached hereto as Exhibit liD" and incorporated herein by this reference with the King County Department of Records, immediately upon the execution of this Agreement and at Applicant's cost. 11. General Provisions. This Agreement may not be amended except by written agreement signed by the Parties. Any provision of this Agreement which is declared invalid, shall not invalidate the remaining provisions of this Agreement. The failure or delay of the City to declare any breach or default shall not waive such breach or default. This Agreement may not be assigned by any Party without the written consent of the other Party. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest. Time is of the essence. CITY OF FEDERAL WAY By: Cary M. Roe, P. E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8th Ave S PO Box 9718 Federal Way, Washington 98063-9718 APPROVED AS TO FORM: City Attorney, Patricia A. Richardson City's Response 11/28/07 -84- UNITED PROPERTIES-SYMPHONY, LLC: By: Its: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of 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 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 City's Response 11/28/07 -85- Bond # EXHIBIT A Project: Permit #: CITY OF FEDERAL WAY PERFORMANCE/MAINTENANCE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the ("Principal") undersigned undersigned and the corporation organized and eXlstmg under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bound unto the City of Federal Way, a Washington municipal corporation, ("City") in the penal sum of and no/1 00 Dollars ($ ) for the payment of which they firmly bind themselves and their legal representatives, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated ,200_ for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement, or from defects appearing or developing in the material or workmanship provided or performed under the Agreement within a period of two (2) years after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. City's Response 11/28/07 -86- And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation (ttUSA&Mtt). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of ,20_. City's Response 11/28/07 -87- CORPORATE SEAL OF PRINCIPAL: UNITED PROPERTIES-SYMPHONY, LLC By: (Name of Person Executing Bond) Its (Title) (Address) (Phone CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary CORPORATE SEAL OF SURETY: Surety By: Attorney-in-Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) City's Response 11/28/07 -88- APPROVED AS TO FORM: City Attorney, Patricia A. Richardson City's Response 11/28/07 -89- EXHIBIT B PARTIAL RELEASE OF BOND # The undersigned hereby acknowledges that a portion ofthe conditions of the Agreement and Performance/Maintenance Bond for , have been satisfied and hereby authorizes the release of an amount equal to and Noll 00 Dollars ($~. The remaining funds equaling thirty (30%) of the cost of the work or improvements shall be retained by the City for a period of two (2) years as security for Assignor's performance of all maintenance for the above described project and as a guarantee against defective materials or workmanship in the construction and maintenance of such improvements. DATED this day of ,200_ CITY OF FEDERAL WAY By: (Name, Title) City's Response 11/28/07 -90- EXHillIT C FULL RELEASE OF BOND # TERMINA nON OF LICENSE The undersigned hereby acknowledges that the two (2) year maintenance period has expired, that the work or improvements covered by the Agreement and Performance/Maintenance Bond for , have been completed to the City's satisfaction and that the City is not aware of any defect in workmanship or materials. Accordingly, the undersigned hereby releases the sum of and No/I 00 Dollars ($ ). The undersigned further releases all right, title and interest granted to the undersigned by reason of a certain License Agreement recorded under King County Recording No. ("License Agreement") and acknowledges that all obligations and rights contained in the License Agreement are hereby terminated. DATED this day of ,200_ CITY OF FEDERAL WAY By: (Name, Title) City's Response 11/28/07 -91- FILED FOR RECORD AT REQUEST OF: MAIL TO: CITY OF FEDERAL WAY PO BOX 9718 FEDERAL WAY, WA 98063-9718 ATTN: Name/Department EXHIBIT D LICENSE Grantor (s): United Properties-Symphony, LLC, a Washington limited liability company Grantee (s): CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Additional Legal Description indicated below. Assessor's Tax Parcel ID#(s): The undersigned owner of certain real property located in Federal Way, Washington and legally described as follows: [Insert full Legal Description here and/or insert abbreviated Legal Description and state: Full Legal description attached hereto as Exhibit" 1" and incorporated herein by this reference] ("Property") hereby grants an irrevocable license to the City of Federal Way ("City") and the City's agents, employees, contractors or representatives to enter upon the Property to inspect the construction of improvements, the performance of work or to allow the City to perform any necessary maintenance or work, all pursuant to that certain Agreement and Performance/Maintenance Bond dated , 200_ entered into between the City and the undersigned and incorporated herein by this reference. City's Response 11/28/07 -92- DATED this_ day of_, 200_. (Signature) STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me , to me known to be the of , the corporation that executed the foregoing License, 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 my hand and official seal this day of ,20_. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires City's Response 11/28/07 -93- COUNCIL MEETING DATE: December 4,2007 ITEM #:_""1bm CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROPOSED AMENDMENT TO THE CAMP KIL WORTH PURCHASE AND SALE AGREEMENT POLICY QUESTION: SHOULD CITY COUNCIL AMEND THE CAMP KILWORTH PURCHASE AND SALE AGREEMENT TO EXTEND THE DEADLINE FOR CLEARING THE TITLE TO THE PROPERTY BECAUSE THE MATTER IS ON APPEAL? COMMITTEE: N/ A MEETING DATE: CATEGORY: D Consent [gI City Council Business D Ordinance D Resolution D D Public Hearing Other ~.!~_!:~_~!'.Q~!_l.:l.~:X~:!!.!~!~~!~!:!~~~g1."!J._~!I.Y._~T!:2~1."!~.Y... DEPT: Law In November 2005, the City and Pacific Harbors Council of the Boy Scouts of America entered into a Purchase and Sale Agreement for Camp Kilworth pursuant to City Council's authorization. A condition precedent was clearing the title of the reversionary clause before December 31, 2007. In essence the deed to the property specifies that the property reverts back to the Florence Kilworth and William Kilworth Trusts in the event Boy Scouts no longer use the property for scouting purposes. On October 23,2007, the Court entered its "Order Judgment, and Decree Deleting the Reversionary Right in the 1934 Deed to Camp Kilworth". The Trusts have appealed the Court Order. Thus, the title to the property is not cleared at this time. However, it may be cleared in the future by an appellate court. The proposed amendment to the Purchase and Sale Agreement would account for the pending appeal and any future appeal by extending the deadline for clearing title and for closing the sale. Attachments: Proposed Amendment to the Camp Kilworth Purchase and Sale Agreement Options Considered: I. Approve the proposed First Amendment for the Camp Kilworth Purchase and Sale Agreement. 2. Reject the proposed First Amendment for the Camp Kilworth Purchase and Sale Agreement. STAFF RECOMMENDATION: Option 1 CITY MANAGER ApPROVAL: ~tee DIRECTOR ApPROVAL: /.' ~lL ffk.- Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of Option _ " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # FIRST AMENDMENT TO REAL ESTATE PURCHASE AND SALE AGREEMENT OF NOVEMBER 4, 2005 ("The Camp Kilworth Purchase Agreement") The City of Federal Way, a Washington municipal corporation ("Purchaser") and the Pacific Harbors Council of the Boy Scouts of America, a Washington not for profit corporation ("Seller"), hereby agree in consideration of the mutual promises in The Camp Kilworth Purchase Agreement and in this First Amendment to amend The Camp Kilworth Purchase Agreement on the following terms and conditions: 1. Recitals. 1.1 Court Decision to Delete the Reversionary Clause From the 1934 Deed to Camp Kilworth (the "1934 Deed"). On September 6,2007, the Honorable Thomas P. Larkin, Judge of the Pierce County Superior Court, Tacoma, Washington pursuant to notice and a briefing schedule, held a contested herein on the Seller's Petition to remove the reversionary clause from the 1934 Deed. The Purchaser joined the Seller in support of the Petition. On September 10, upon notice to counsel for the Petitioner and the Respondent Trustees, Judge Larkin visited Camp Kilworth. On September 24, 2007, Judge Larkin issued a letter including his Findings, Conclusion and Decision. On October 23,2007, the Court entered its "Order, Judgment, and Decree Deleting the Reversionary Right in the 1934 Deed to Camp Kilworth" (the October 23,2007 Judgment"). On November 20,2007, Respondents, Key Bank of Washington as Trustee of the Residuary Testamentary Charitable Trust of William W. Kilworth, Deceased, and the Union Bank of California as Trustee for the Residuary Testamentary Charitable Trust of Florence B. Kilworth, Deceased, timely field and served their joining Notice of Appeal from the October 23,2007 Judgment, to Division Two of the Court of Appeals for the State of Washington (collectively, "the Trustees"). 1.2 Mutual Intent to Proceed with The Camp Kilworth Purchase Agreement. The Camp Kilworth Purchase Agreement is expressly contingent upon (a) Seller being able to convey title to Camp Kilworth to Purchaser, free and clear ofthe reversion clause, by December 31, 2007, and (b) the parties being able to close the purchase by March 31, 2008. The appeal by the Trustees will not be resolved by December 31, 2007. However, Purchaser and Seller intend to proceed with Closing ofthe Camp Kilworth Purchase Agreement upon a final, non-appealable decision of the Courts of the State of Washington affirming the October 23,2007 Judgment deleting the reversionary clause from the 1934 Deed, and therefore Purchaser and Seller agree to amend The Camp Kilworth Purchase Agreement to extend the term thereof and the Closing deadline accordingly. 1 NOW THEREFORE, IT AGREED AS FOLLOWS: 2. Amendments to The Camp Kilworth Purchase Agreement. 2.1 Section 2.3 of the Purchase and Sale Agreement shall be amended as follows: Condition Precedent to Closing. The Property was conveyed to Seller by Deed of February 28, 1934, recorded March 1, 1934 under King County Auditor's No. 2789026 under which the Grantors reserved a right of reversion if the Property were to leave Seller's exclusive ownership and possession or no longer to be devoted to the teaching of Scout craft. This agreement therefore is expressly conditioned upon the entrance of a final Order of the Pierce County Superior Court providing for the removal of the reversionary right or such other modification thereof as to allow the transfer of the Property by the Seller. Seller shall proceed forthwith upon the signing of this Agreement to obtain such an approval Order and Purchaser shall provide Seller reasonable cooperation in proceeding to obtain such an Order. On October 23,2007, the Court entered judgment deleting the reversionary clause from the 1937 Deed, which has been appealed. If the deletion of the reversionary clause in the 1934 Deed is affirmed and no longer subject to appeal, the parties shall proceed with the purchase and sale of the property within ninety (90) days of the final decision. 2.2 Section 3.1 of the Purchase and Sale Agreement shall be amended as follows: Closing of the Sale. This sale shall be closed ninety (90) days from Purchaser's notice to Seller of Purchaser's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties. 2.3 follows: Section 4.1 of the Purchase and Sale Agreement shall be amended as The Contingencies. Purchaser's obligations under this Agreement are conditioned upon and subject to Purchaser's satisfaction, in its sole discretion, or Purchaser's written waiver ofthe following contingencies: (a) Seller shall be able to transfer Title to the Property free of all encumbrances, defects, or restrictions in accordance with the final, non- appealable court order. (b) Purchaser's determination that the soils of the Property, or structures or improvements on the Property, are free from any hazardous substances whatsoever. Seller shall reasonably cooperate with the Purchaser to provide such information that the Purchaser requests to the extent that such information or documents exist and are under the control of the Seller, and grant to the Purchaser the right to enter the property at reasonable times to inspect and obtain necessary samples from the same. This contingency is solely for Purchaser's benefit and shall be determined in the exercise of Purchaser's sole discretion; 2 (c) Final approval of this Agreement by the City Council of Federal Way; (d) The truth and accuracy of all representations and warranties of Seller; ( e) The absence of any violation of federal, state or City laws including without limitation, all City codes, ordinances, resolutions, regulations, standards and policies, as now existing or hereafter adopted or amended, effecting the use, occupancy or condition of the Property; (f) Seller's failure to comply with the order of any court or governmental authority or agency pertaining to the Property or the use, occupancy or condition ofthe Property; (g) The pendency or threat of any litigation or proceeding relating to the Property; or (h) Any material change in the Property or the improvements on the Property occurring after the execution of this Agreement. 3. Confirmation of The Camp Kilworth Purchase Agreement as Amended. Purchaser and Seller expressly confirm by their respective signatures below, that The Camp Kilworth Purchase Agreement as amended by this First Amendment shall continue in full force and effect according to its express provision as hereby amended. Dated this _ day of December, 2007. PURCHASER: SELLER: CITY OF FEDERAL WAY PACIFIC HARBORS COUNCIL OF THE BOY SCOUTS OF AMERICA By: Neal Beets, City Manager 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063-9718 By: Douglas W. Dillow, Scout Executive 4805 S. 19th Street Tacoma, W A 98405 APPROVED AS TO FORM: WITNESS: By: Patricia A. Richardson City Attorney G. Perrin Walker Attorney for PHC/BSA K:\parks\camp kilworth\first amendment to real estate purchase 3 COUNCIL MEETING DATE: December 4, 2008 .....-....--....-----........................................................._,..-..." .!!~~~:$'t7C:-, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Crestwood Park Voluntary Mitigation Agreement with the City of Federal Way POLICY QUESTION: Should the City Council authorize the City Manager to execute the Voluntary Mitigation Agreement between Northlake Crestwood Park, L.L.c. and the City of Federal Way for traffic mitigation fees? COMMITTEE: N/ A MEETING DATE: N/A CATEGORY: D Consent I:8J City Council Business D Ordinance D Resolution D I:8J Public Hearing Other ~!~!!_~~~Q~!!lX:~~~l\4i!I~T,~:~:,J?~p~ry~~li.~yy9T~~PiT~~!?Tm DEPT: Public Works Attachments: Staff memorandum dated December 4, 2007 with attached Voluntary Mitigation Agreement. Options Considered: I. Authorize the City Manager to execute the Voluntary Mitigation Agreement between Northlake Crestwood Park, L.L.c. and the City of Federal Way for traffic mitigation fees. 2. Do not authorize the City Manager to execute the Voluntary Mitigation Agreement between Northlake Crestwood Park, L.L.c. and the City of Federal Way for traffic mitigation fees and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ttee ~uncil DIRECTOR ApPROVAL: tU1t\... Committee 1M.. Council COMMITTEE RECOMMENDATION: N/ A Jack Dovey, Chair Linda Kochmar, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: "] move to authorize the City Manager to execute the Voluntary Mitigation Agreement between Northlake Crestwood Park, L.L. C. and the City of Federal Way for traffic mitigation fees. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: December 4,2007 City Council Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager M. Ken Miller, P.E., Deputy Public Works Director ~ Crestwood Park Voluntary Mitigation Agreement with the City of Federal Way BACKGROUND: Northlake Crestwood Park, LLC, submitted an application to Des Moines for a new development consisting of 68 single family lots. Pursuant to the SEP A process, which required notice to affected agencies, the City received copies of the SEP A checklist, a Traffic Impact Analysis, and other related information concerning the proposed development. Based on the Traffic Impact Analysis, as well as the City's own traffic analysis, the City determined that the proposed development would result in significant adverse impacts (based on 10 or more pm peak hour trips) to traffic within the City along Pacific Highway South (SR 99) corridor (SR 99 Phases III and IV TIP projects). To accommodate increased traffic levels and mitigate direct impacts, the City determined a $36,029 pro-rata share contribution should be paid to the City. The item was discussed previously at the November 6, 2007 City Council meeting. A Voluntary Mitigation Agreement is attached. Staff recommends authorizing the City Manager to execute the agreement. cc: Project File Day File ~ CITY OF '~.J Federal Way Voluntary Mitigation Agreement THIS AGREEMENT ("Agreement") is dated effective this _ day of 20 . The parties ("Parties") to this Agreement are the City of Federal Way, a municipal corporation of the State of Washington ("City"), and NortWake Crestwood Park, LLC, a limited liability company ("Property Owner"). A. The Property Owner owns or has a purchaser's interest in a real estate purchase and sale agreement concerning certain real property located within the City of Des Moines ("Des Moines") and more particularly described in Exhibit A, attached hereto and incorporated by this reference ("Property"). B. The Property Owner has applied to City of Des Moines for a preliminary plat PUD application of eight lots into sixty-eight single family lots, with zero lot line town-home lots proposed on lots 8-13, to be known as Crestwood Park, PUD, and pursuant to City of Des Moines File Numbers LUA 06-56 ("Permit Application"). C. The proposed preliminary plat is approximately 13.56 acres in size and includes on-site and off- site improvements consisting of roadway and storm drainage improvements, regulated wetlands, as well as recreation open space to be located on the Property, which development is more particularly described in the documents and records on file with City of Des Moines in connection with the Permit Application ("Proposed Development"). D. The Property Owner submitted an environmental checklist ("Checklist") to the City of Des Moines to determine if significant adverse impacts on the quality of the environment resulted from the Project, as required by the State Environmental Policy Act ("SEP A"). E. As lead agency under SEP A, the City of Des Moines performed its environmental review and issued a Determination of Non significance (DNS) on October 18,2007, for the Proposed Development. F. Pursuant to the SEPA process, which requires notice to affected agencies, the City received copies of the SEP A Checklist, a Traffic Impact Analysis prepared by Transportation Engineering NorthWest, LLC, for the Proposed Development (the "TIA"), and other related information concerning the Proposed Development as well as the DNS. G. The City has had an opportunity to review the preliminary plat drawings of the Proposed Development, the DNS, and the other related information concerning the Proposed Development. The City has also had an opportunity to conduct a traffic analysis for the proposed development which contains assumptions and calculations regarding trip generation, trip distribution and assignment, level of service, and project generated traffic impacts. H. Based on its analysis and review of the Traffic Impact Analysis (TIA) prepared by Transportation Engineering NorthWest, LLC, dated January 2007, the City determined that the Proposed {00592739.DOC;4}Crestwood Park PUO Agreement Federal Way File #07-103724-IA Doc. I.O. 42863 Development will, without specific mitigation, result in an adverse impact to traffic within the City along the Pacific Highway South (SR 99) corridor (SR 99 Phases III and IV TIP projects).To accommodate increased traffic levels and mitigate direct impacts of the Proposed Development, the City determined that a $36,029.00 pro-rata share contribution should be paid to the City of Federal Way. L The City and the Property Owner wish to avoid uncertainty and consequent delay of the City of Des Moines SEP A and subdivision approval processes concerning the Proposed Development, and of any subsequent appeal process, and therefore have voluntarily entered into this Agreement. Now, THEREFORE, the Parties agree as follows: I. Traffic Mitigation Fee. Property Owner agrees to pay the City the sum of Thirty-six Thousand Twenty Nine Dollars and no/lOO ($36,029.00) to mitigate significant adverse traffic impacts from the Proposed Development (the "Traffic Mitigation Fee"). The Traffic Mitigation Fee shall be paid in full at the time of recording of the final plat for the Proposed Development. Should the number of lots in the Development be increased above 68, the total funds the Developer shall pay the City shall be increased on a pro-rata basis ($530.84 per lot). Should the number of lots in the Development be reduced below 68, the total funds the Developer shall pay the City shall be reduced on a pro-rata basis ($530.84 per lot). The City of Federal Way agrees to deposit these funds in the Capital Improvement Fund administered by its Public Works Department, and to expend the funds on the City's SR 99 Phase II and/or Phase IV TIP projects. The Property Owner understands and agrees that the timing of construction of this capital project is subject to budgetary and other constraints, and agrees that the City of Federal Way may expend the funds on this specific project regardless of when the project is ultimately constructed. 2. City's Duties In consideration of full compliance with the agreement including payment of identified impact fees and satisfaction of all conditions, the City of F ederal Way agrees not to file a SEP A appeal. 3. Modifications to Proiect If the Property Owner seeks to (in accordance with all applicable federal, state or local laws) modify the Proposed Development in a manner so as to warrant or require reevaluation under SEP A, or should modification to the Proposed Development result from any administrative determination, quasi- judicial, or judicial determination issued as a result of any appeal of the SEP A determination, the City shall receive timely notice of said modifications to allow the City to provide its comments to be incorporated into any new or modified SEP A determination issued by City of Des Moines and to be incorporated into this Agreement. 4. Term. The term of this Agreement shall commence upon the effective date of this Agreement and terminate upon payment of the Traffic Mitigation Fee. 5. Indemnification. The Property Owner agrees to indemnify and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without {00592739.DOC;4}crestwood Park PUD Agreement Federal Way File #07-103724-IA Doc. 1.0. 42863 limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement except to the extent caused by the sole negligence of the City. 6. General Provisions. 6.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 6.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 6.3 Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 6.4 Successors and Assigns. The Property Owner intends to transfer or assignthe Proposed Development together with all of its respective obligations and rights hereunder. The Property Owner agrees to give its direct successors and assigns notification of the terms of this Agreement. The rights herein granted and the duties hereby agreed to shall inure to the benefit of and be binding upon the parties' respective successors and assigns. 6.6 Attorney Fees. In the event any Party defaults on the performance of any of the terms of this Agreement or places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 6.7 No Waiver. Failure of the Parties to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default. Failure of the Parties to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 6.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 6.9 Authoritv. Each individual executing this Agreement on behalf of the Parties represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Parties. 6.10 Notices. Any notices required to be given by the Parties shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. City of Federal Way Department of Community Development Services 33325 8th Avenue South {00592739.DOC;4}Crestwood Park PUO Agreement Federal Way File #07-103724-IA Doc. 1.0. 42863 PO Box 9718 Federal Way, WA 98063-9718 Attn: Deb Barker, Senior Planner Northlake Crestwood Park LLC 218 Main Street, Suite 750 Kirkland, W A 98033 6.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Agreement. 6.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to performance under this Agreement. 6.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 6.14 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 6.15 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. DATED the day and year set forth above. CITY OF FEDERAL WAY By: Neal J. Beets, City Manager 33525 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 ATTEST: City Clerk, Laura Hathaway, CMC APPROVED AS TO FORM: Patricia A. Richardson, City Attorney {00592739.DOC;4}Crestwood Park PUO Agreement Federal Way File #07-103724-IA Doc. 1.0. 42863 Aut Member (typed name and position at Northlake Crestwood Park, LLC.) STATEOF~) K )ss. COUNTY OF \:.J . ) On this day personally appeared befory me KeN\ LAlI\~~V1 , to me known to be the ~}vvv of ~lAA.L. ~ _vk. LLL- 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 my hand and official seal this ~l.t day of _f\\N't1V\.~ 2003:- ~~ (typed/printed name of notary) Notary Public in and for the State Of~ My commission expires on S!1-r?J)11>)O Exhibits A: Legal Description {00592739.00C;4}crestwood Park PUO Agreement Federal Way File #07-103724-IA Doc. 1.0. 42863 COUNCIL MEETING DATE: December 4, 2007 ITEM#: ~ 1[) ...........-..-................. ......"".........---..........-.......................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Proposed Purchase of the Goldmax Property POLICY QUESTION: SHOULD CITY COUNCIL AUTHORIZE THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE PURCHASE OF THE GOLD MAX PROPERTY FOR $715,000? COMMITTEE: Nt A MEETING DATE: CATEGORY: D Consent [gI City Council Business STAFF REpORT By: Nt A D Ordinance D Resolution D D Public Hearing Other DEPT: The purchase of the Goldmax property is on our list of properties Council authorized Staff to pursue in 2005 for the Hylebos Drainage Basin acquisition project. The purchase price was based on the City's appraisal and negotiations with the property owner. Funding for the purchase of the Goldmax property will be a combination of the remaining funds of approximately $126,000 from the KC Conservations Futures Grant, and the funds from the second $400,000 KC Conservations Futures Grant along with dedicated SWM funds set aside by Council for land acquisition in the Hylebos Drainage Basin. Attachments: N/ A Options Considered: I. Authorize the City Manager to execute the necessary documents for the purchase. 2. Do not approve the purchase of the Goldmax property. STAFF RECOMMENDATION: N/A CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: Rtl Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to authorize the City Manager to execute the necessary documents for the purchase of the Goldmax property. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: D APPROVED D DENIED D TABLEDIDEFERRED/NO ACTION D MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION #