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AG 07-191 1. 2. 4. 5. 6. 7. 8. 9. 10. 11. RETURN TO: r ~ ~L- CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: lid tn! IL / f I ORIGINATING STAFF PERSON: /1fn /VIi Iltv TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT EXT: d./711 3. DATEREQ.BY: o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECT NAME: (}AltcSlwDod-- Pax~ NAME OF CONTRACTOR: N r +h I ~kL. ADDRESS: 0l.1 '? a.C . SIGNATURE NAME: lb. n t-Llu...Uf'- (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT AG#:O 7-fC,I o CDBG )(OTHER VolLultc.vy M'~Ovhon kJretmuf- TELEPHONE TITLE N!trniur ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES JJr.LL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT. AUTH..ORIZIN.G SIGNATURE I J A. a..". .L- f.-" J1, lXv\].. b><::fl'.v..:tuJ' "^(''''l r~tn~M 0' /r"11t':c TERM: COMMENCEMENT DATE: itl./' I/D7 . COMPLETION DATE: t\Il.J."-trBO!i/''Y', re.L-- TOTAL COMPENSATION $Th~l..[ /Ja.tL Us..- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR'eHAkGIGlATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY o PURCHASING: PLEASE CHARGE TO: CONTRACT REVIEW o PROJECT MANAGER 'DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) 'lLAW I'l/\-(f\ CONTRACT SIGNATURE RQUT~~ ;t-'tAWDEPARTMENT 1a.../O'Sl07 (~i/I,,? ~ITYMANAGER N~4L Ia-/l;;. 0' YCITY CLERK Id.ll;!io'1 o SIGN COPY BACK TO bRGINATING DEPT. )(ASSIGNED AG# ()(' Ie; ( INITIAL/DATE APPROVED INITIAL/DATE APPROVED tv! 1lr'B \ ')..../1 I D-1 Sk e ""....t--r-' INITIAL/DATE APPROVED -ttO'n ()nl- DnjC nJ) C3MMENTS ~ L " I OM c;y I () '-I 0 1- ftrpYOVl...P"-- V Cx.'~ it . - Nt'~ol \t' I o<l~sc-v' /1d-IIo 0 //.~ O;~ofL: 'TAP- .&V<j rrwsl Imp -fk (leplj #a.+ ~ CL flo-la-Vl) sla.I'YLP (r C&f~. 7A.t. :J..ML ~ c;{~J~Mtj- ftl).~ a.. ~~1Af> ~ LfV'1.- ~~JL. 13,I.LttL / ~ CITYOF , ~ Federal Way Voluntary Mitigation Agreement THIS AGREEMENT ("Agreement") is dated effective this I {'" day of '~c.G-""" ~~ 20 (J1. 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 ("SEPA"). E. As lead agency under SEP A, the City of Des Moines performed its environmental review and issued a Determination of Nonsignificance (DNS) on October 18, 2007, for the Proposed Development. F. Pursuant to the SEP A 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 PUD Agreement Federal Way File #07-103724-IA Doc. 1.0. 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. I. 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: 1. 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 PUO 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 Authority. 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 PUD Agreement Federal Way File #07-103724-IA Doc. I.D. 42863 PO Box 9718 FederalVVay, VVJ\ 98063-9718 Attn: Deb Barker, Senior Planner Northlake Crestwood Park LLC 218 Main Street, Suite 750 Kirkland, VV J\ 98033 6.11 Captions. The respective captions of the Sections of this J\greement 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 J\greement. 6.12 Performance. Time is of the essence of this J\greement and each and all of its provisions in which performance is a factor. J\dherence 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 J\greement, this J\greement may be rendered null and void, at the City's option. 6.15 Counterparts. This J\greement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire J\greement. DATED the day and year set forth above. CITY OF FEDERAL VV A Y By: Neal J. Beets, it Manager 33525 8th J\v r South PO Box 9718 FederalVVay, VVJ\ 98063-9718 1\PPROVED AS TO FORM: ~.~ Go:- ~.~/L"' ---.:frv. Patricia A Richardson, City J\ttomey {OOS92739.DOC;4}Crestwood Park PUD Agreement Federal Way File #07-103724-IA Doc. I.D. 42863 -----."~ Member (typed name and position at Northlake Crestwood Park, LLC.) STATE OF W~Sh'lY!jtvV) ) J/ ) ss. COUNTY OF I\..tLv:5 ) On !bi'1.- d;':/ personally appeared before =-- ~~~ ' to me known to be the MJAN1~ of _Nwf\ttloJ<e..~ 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. Notary Public State of Washington ROSE M. TINTI MY COMMISSION EXPIRES AUQ.23,2010 GIVEN my hand and official seal this tu day of NO\IVVV\kw 1bIVl~ (typed/printed name of notary) 2001 Notary Public in and for the State Of~ My commission expires on Bh~ Ju>/D Exhibits A: Legal Description {00592739.DOC;4}Crestwood Park PUD Agreement Federal Way File #07-103724-IA Doc. 1.0. 42863 EXHIBIT - A LEGAL D~SCRIPTIDN PARCEl. A (3222049180): 1/-{E il'E"ST 402 FEET OF 1/-{E EAST 607 FEET OF mE NORm mREE-OUARTrnS OF mE NORm HALF OF mE NORTHEAST OUARlFR OF mE NORTHEAST QUARlFR OF SECTION J2. TOWNSHIP 22 NORm. RANCE 4 EAST. W:M., IN KING COUNTY. WASHINGTON: EXCEPT THE NORTH 50 FEET THEREOF FOR ROAD. (ALSO KNOWN AS LOT B. SEAffiE LOT UNE Ao.AJSTMENT RECOROED UNDER AUDITOR':; ALE NO. 910109/107). PARCEL 8 (.J222049123): THAT PORTION OF mE EAST 607.00 FEET OF 1/-{E EAST HALF OF mE soum HALF OF THE NORTH HALF OF THE NOR11IEAST QUARTrn OF THE NORTHEAST QUARTrn OF SECTION 32. TOWNSHIP 22 NORTH. RANCE 4 EAST. W:U.. IN KING COUNTY. WASHINGTON, LYING NOR1/-{ OF THE SOUTH 30 FEET THEREOF; EXCEPT THE EAST JO FEET FOR 16TH AVENUE"SOUTH. (ALSO KNO'IM AS A PORTION OF UNRECORDED KING COUNTY LOT LINE ADJUSTUENT NO. 8903024. APPROVED JULY 6. 1989. DISCLOSED BY KING COUNTY TAX ROUS). PARCEL C (3222049072): mE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTrn OF THE NORTHEAST OUARTrn OF SECTION 32. TOI'tNSHIP 22 NORTH. RANGE 4 EAST. W:U.. IN KING COUNTY. WASHINGTON; EXCEPT THE EAST 957 FEET LYING NORm OF THE: SOU1H 30 FEE:T THEREOF; AND EXCEPT THE EAST 30 FEET mERE OF FOR 16TH AVENUE SOUTH. (ALSO KNOWN AS A PORTION OF UNRECORDED KING COUNTY LOT UNE AO.AlSTMENT NO. 890J024. APPROVED .All. Y 6. 1989. AS DISCLOSED BY KING COUNTY TAX ROLLS). PARCEL D (3222049188): RESERVE TRACT 8, CITY OF DES MOINES SHORT PUT NUMBER LUA-01-026. RECORDED UNDER RECOROiNG NUUBE/l 20021119900007. IN KING COUNTY. WASHINGTON. BEING A PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION J2. TOI'tNSHiP 22 NORTH, RANGE 4- EAST, W:M., IN KING COUNTY. WASH/NeroN; LESS THE SOUTH 181.1 FfIT THEREOF; AND LESS COUNTY ROADS; AND LESS THE EAST 140 FfIT THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS AND UTlUTlES OVER TRACT X OF KING COUNTY SHORT PU T NUMBER J76089. RECORDED UNDER RECORDING NUMBER 7606220773. IN KING COUNTY. WASHINGTON. PARCEL E (3222(49086): THAT CERTAIN PARCEL OF LANO LOCATED ON mE NORTH HALF OF THE soum HALF OF mE NORTHEAST QUARTER OF THE: NORTHEAST QUARTER OF SECTION J2. TOWNSHIP 22 NORm, RANCE 4- EAST.- W.M., iN KiNG COUNTY, WASHINGTON: . 8EC1NNING AT A POINT I'A-IERE 15TH AVENUE SOU1/-{ INTERACTS THE NORTH BOUNOAIlY UNE: THENCE SOUTH ALONG THE MCST UHE OF 161. Al/ENUE SOUTH A DiSTANCE OF 75 FEET TO THE TRUE POINT OF BEGINNING; 1/-{ENCE Ilf"ST ON A UNE PARAUEl. Wl1/-{" THE NORTH 80UNDARY UNE A DISTANCE OF 1#J FEET: THENCE SOUTH PARALLEL TO THE Ilf"ST UNE OF 16TH A VENUE SOUTH A DISTANCE OF 75 FEET; THENCE EAST ON A LINE PARAlLEL IMTH mE NORTH BOUNDARY UNE A DiSTANCE OF 140 FEET; THENCE NORTH ALONG THE ItEST UM: OF 16TH AVENUE SOUTH TO THE TRUE POINT OF BEGINNiNG. PARCEL F (3222049187): TRACT A. CITY OF DES MOINES SHORT PL4 T NO. LUAor-026. RECORDED UNDO? RECORDING NO. 2002111990000, SI1lJA IE IN THE CITY OF DES MOINES. COUNTY OF KING. srA IE OF WASHINGTON. PARCEL G (222049110): LOT(S) '. KING'COUNTY SHORT PUl r NUMBER 376089. RECORDED UNDER RECORDING NUMBEI? 760622077J. IN KiNG COUNTY. WASHINGroN. PARCEL H (3222049100): LOT 2. KING COUNTY SHonr PLAT NUMBER 376089. RECORDING NUMBEI? 7606220773, IN KING COUNTY WASHINGTON. PARCEL I (J222049109); THE NORTH 72.5 FEET OF THE F011.0VtlNG DESCRIBED PROPERTY: THE SOUTH 145 FEET OF THE EAST 215 OF THAT PORTION OF THE NORTH HALF OF THE SOUTH HALF OF THE NORl/IEASr QUARTER OF THE NORTHEAST QUARTER OF SEcnON J2- TOWNSHIP 22 NORTH. RANGE 4 EAST. W.U., IN KING COUNTY. WASHINGTON. LYING Ilf"ST OF 16m AVENUE SOUTH.