LUTC PKT 07-16-2001.luly 16, 2001
5:30 pm
Land Use/Transportation Committee
City Hall
Council Chambers
2.
3.
4.
o
MEETING AGENDA
CALL TO ORDER
Approval of Minutes of the July 2, 2001, Meeting
PUBLIC COMMENT (3 minutes)
BUSINESS ITEMS
A Commute Trip Reduction ILA
B. Courtyard Village Development Agreement
C. Alternate Building Codes Amendment
FUTURE MEETING AGENDA ITEMS
Tax Exemption Ordinance
Sign Incentive Program
ADJOURN
Action Perez/10 Minutes
Action Roe/10 Minutes
Action Gaviglio/15 Minutes
Committee Members:
Dean McCo/gan
Jeanne Burbidge
Eric Fa/son
City Staff:
Kathy McClung, Directo6 Community Development Services
Sandy L y/e, Administrative Assistant
253.661.4116
I:Lluly 16 2001 LUTC AGN.doc
2001
m
Land Use/Transportation Committee
council
MEETING SUMMARY
In attendance: Committee members Dean McColgan, Chair, Jeanne Burbidge and Eric Faison; Deputy Mayor
Linda Kochmar; Director of Community Development Services Kathy McClung; Public Works Director Cary Roe;
City Attorney Bob Sterbank; Assistant City Attorney Karen Kirkpatrick; Senior Planner Margaret Clark; Traffic
Engineer Rick Perez; Administrative Assistant Sandy Lyle; David Graves, Madrona Planning Contract Planner.
1. CALL TO ORDER
Chair McColgan called the meeting to order at 5:33 pm.
2. APPROVAL OF MINUTES
The minutes of the June 18, 2001, meeting were approved as presented.
3. PUBLIC COMMENT
There was no public comment on any item not included in the agenda.
4. BUSINESS ITEMS
A. Miscellaneous Code Amendments - As part of the 2001 Planning Commission work program,
staff proposed code amendments related to clarifications to provisions related to code interpretations
and Process I appeals; clarifications to provisions related to land use application notices; siting
Emergency Preparedness containers at school sites; clarifications to provisions related to senior
housing; and siting of Personal Wireless Service Facilities (PWSF). The proposed code amendments
would incorporate regulations into Federal Way City Code (FWCC) Chapter 22 and clarify existing code
provisions. Following staff presentation and subsequent Committee discussion, recommendation of
approval was m/sic to the City Council at its July 17, 2001, meeting.
B. Adoption of 2002-2007 TIP - The six-year Transportation Improvement Plan (TIP) and Arterial
Street Improvement Plan (ASIP) respond to the Growth Management Act concurrency requirements as
well as other emerging needs. Projects are selected based on criteria adopted in the City's
Comprehensive Plan TP81, which reads: Prioritize transportation projects considering concurrency,
safety, support for non-SOV modes, environmental impacts, and cost effectiveness. The scoring criteria
are shown in Attachment C. The proposed plan does not significantly differ from the previous year's
plan. However, construction costs have been updated for all projects based on the latest bid results. It
has been proposed for three completed projects to be deleted. Eight projects have had revisions of
scope. Three new projects have been proposed to be added to the six-year TIP and ASIP. Those three
th th th th
include First Avenue South from South 320 Street to South 330 Street, South 336 Street from 18
Avenue South to I-5, and Design Study for a new interchange at South 312th Street at I-5. After
discussion, the Committee amended the TIP/ASIP to include the SR161/SR18/I-5 Triangle Study and
m/s/c recommendation of approval to the City Council at its July 17, 2001, meeting.
C. Housing Targets - Staff presented historical information about how housing targets were
established in the early 1990's. Over the years the City of Federal Way has become uncomfortable with
the methodology originally used to determine those household targets. The 2000 Census showed
Federal Way's population to be 83,259 as of April 1, 2000. For the same period the state's Office of
Financial Management (OFM) estimated City population at 77,010, a difference of 6,249 people. The
suggestion is that there is either a higher person per household ratio or higher occupancy rate in
Federal Way than assumed by OFM. Originally, targets were intended to accommodate future
population based on a 20-year population projection by the Puget Sound Regional Council (PSRC).
Population was converted to housing units because it is easier to measure additional residential units
through the building permit process than it is to measure additional people. This, then, leads to the
belief that Federal Way may actually be closer to its population targets that the number of new housing
units may imply. When assigning new targets and converting population to housing units, it may be
o
appropriate to factor in person per household ratio and occupancy rate. As a result, City staff will be
conducting its own research on how the numbers were originally derived.
FUTURE MEETINGS
The next meeting will be held in Council Chambers at 5:30 pm on July 16, 2001.
ADJOURN
The meeting adjourned at 6:50pm.
C:\WIblDOWS\TEMP~uly 2, 2001 SLr~i.doc
DATE:
TO:
FROM:
VIA:
SUBJECT:
July 16, 2001
Dean McColgan, Chair
Land Use / Transportation Committee
Richard A Perez, City Traffic Engineer
Sarady Long, Traffic Analyst
David H. M~~. _ .anager
2001 Implementation of Commute Trip Reduction (CTR) Plans and Program Agreement
with WSDOT
BACKGROUND
Washington State's Commute Trip Reduction (CTR) Law was adopted by the 1991 Legislature and incorporated
into the Washington Clean Air Act as RCW 70. 94. 521 through 70. 94.551. It's intent is to improve air quality and
reduce fuel consumption and traffic congestion through employer-based programs by encouraging the use of
altematives to single occupant vehicle (SOV) for the commute trip.
The law requires that all major employers, both public and private, who employ one hundred (100) or more full-
time employees who are scheduled to arrive at a single worksite between 6:00 a.m. to 9:00 a.m. to develop and
implement a Commute Trip Reduction Plan. Currently, there are 15 worksites within the City of Federal Way that
are affected by the CTR Law. The employers that are currently affected are as follows:
1. Berger/ABAM Engineers, Inc.
2. Capital One
3. City of Federal Way
4. Orion Industries
5. Finance Pacific
6. Saint Francis Hospital
7. United States Government Postal Services
8. USAA Insurance
9. World Vision
10. Weyerhaeuser Company Sites (6 sites)
Historically, WSDOT has provided funding through counties, which then distributed funding to cities with
affected worksites via Interlocal Agreements. Now, WSDOT will contract directly with cities. However, as in the
past, due to workload and expertise, the City will cOntinue to contract support services from King County.
PURPOSE OF AGREEMENT
The Washington State Department of Transportation (WSDOT) provides technical assistance funding to the City
for implementing the commute trip reduction (CTR) plans. The CTR program requires an agreement with
WSDOT. The purpose of the agreement is to allow the State to reimburse the City for its proportionate share of
the technical assistance funding. The work performed under this agreement is as described in the attached Exhibit
II, Scope of Work. Based on the current 15 affected worksites, the City of Federal Way will receive
approximately $23,079 annually for the 2001/2003 biennium. The state CTR allocations, based on state law, from
1999 to 2003 are shown in Table I below.
Table I. - State Technical Funding Allocation
Year Number of affected State CTR Grant Allocation
Sites
1/1/99 - 12/31/99 12 $24,339.00
1/1/00 - 12/31/00 14 $23,328.00
7/1/01 - 6/30/02 15 $23,079.00
7/1/02 - 6/30/03 15 $23,079.00**
** Estimated allocation based on 15 sites
It should be noted that King County obtained a federal Congestion Management and Air Quality (CMAQ) grant to
supplement state funding for the CTR program, of which City gets a pro-rata share, based on number of affected
work sites. In addition, staff anticipates new sites may be added within the City, but that the City's grant
allocation from WSDOT is fixed for the 2001/2003 bienniums. Finally, the term of the agreement has been
modified to coincide with the State's fiscal year, departing from the calendar year used in years past.
RECOMMENDATION
The Staff recommends the Land Use/TranSportation Committee approve the Implementation of Commute Trip
Reduction (CTR) Plans and Program Agreement with the Washington State Department of Transportation
CqqSDOT), and that the CTR Agreement with WSDOT be forwarded to the August 7, 2001 City Council agenda.
cc: Project File
Day File
K:~LUTCX2001 \CTR Agree with WSDOT
Washington State County X
Department of Transportation 111 Elm St.
310 Maple Park Avenue Ecotopia WA 99999
PO Box 47387
Olympia, WA 98504-7387
Key Contact Person:
KeyContaet Person: Hiep Tran Employer F.edera! ID #
Agreement Start Date Completion Project Amount! Project Title
Number Date Implementation of Commute
July. 1, 2001 June 30, 2003 $ ~rrip Reduction Plans and
iProgram
This Agreement is made and entered into this 1st day of July, 2001, between the Washington
State Department of Transportation, acting by and through its Secretary of Transportation,
(hereinafter called "WSDOT") and X (hereinafter referred to as "Contractor") and said parties
WITNESS THAT:
WHEREAS, RCW 70.94.521 through 70.94.551 requires cities, counties and towns contaiffmg
"major employers," in counties with populations over 150,000, to develop ordinances, plans and
programs to reduce Vehicle Miles Traveled (VMT) and Single Occupant Vehicle (SO, V)
commute trips, and thereby reduce vehicle-related air pollution, traffic congestion and energy.
use;
WHEREAS, RCW 70.94.541 (2) provides for technical assistance to counties, cities, and towns
in developing and implementing Commute Trip Reduction (CTR) plans and programs;
WHEREAS, RCW 70.94.544 provides for distribution of funds for local CTR implementation
efforts;
WltE~AS, WSDOT desires to achieve trip reduction in order to improve the efficiency of the
state transportation system and the quality of life for citizens of the State of Washington, and
WHEREAS, WSDOT hereby desires to engage and the Contractor so agrees to perform all tasks
as hereinafter agreed upon by'both parties, and referred to as Exhibit 1I, Scope of Work attached
hereto and made part of this Agreement.
NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
herein contained, the parties agree as follows:
Section 1
Purpose of Agreement
The purpose of this agreement is for WSDOT to provide funding to the Contractor to be used
solely for activities undertaken to fulfill the requirements of RCW 70.94.521, et. seq, and to
implement ail tasks as described in the Exhibit 1/, Scope of Work.
Section 2
Scope of Work
The Contractor and WSDOT will perform all their designated tasks under this agreement as
described in the Exhibit II, Scope of Work.
Section 3
Time for Beginning and Completion
The work to be performed under this Agreement shall commence July 1, 2001, and terminate on
June 30, 2003, unless terminated sooner as provided herein.
Section 4
Reimbursement and Payment
WSDOT shall reimburse the Contractor for eligible expenditures not to exceed (dollar amount).
The maximum amount of funding for the Contractor was determined using the methodology
contained in Exhibit I, Funding Allocation Methodology. WSDOT will reimburse the
Contractor only for actual and eligible direct Project costs. Payment will be made on a
reimbursable basis. Payment is subject to the submission to and approval of WSDOT of
properly prepared invoices accompanied by progress reports and financial summaries. The
Contractor shall submit an invoice (state form A-19) or WSDOT approved invoice format to
WSDOT in order to receive reimbursement. The Contractor shall submit invoices up to 4 times
per fiscal year, or up to eight times during the course of this contract. The Contractor shall
submit a final invoice to WSDOT no later than July 15, 2003. Any payment request receives
after July 15, 2003 or fifteen (15) days of the termination date, whichever is applicable, will not
be eligible for reimbursement: Within thirty (30) days after receiving the invoice and upon
approval, WSDOT shall remit to the Contractor a warrant for payment. All invoices and
warrants shall be based on and paid on actual work performed and actual costs incurred up to the
maximum amount identified in this contract.
Section 5
Project Records
The Contractor agrees to establish and maintain for the project either a separate set of accounts or
accounts within the framework of an established accounting system, in order to sufficiently and
properly reflect all eligible direct and indirect Project costs claimed to have been incurred in the
performance of this Agreement. Such accounts are referred to herein collectively as the "Project
Account". All costs claimed against the Project Account must be supported by properly executed
payrolls, time records, invoices, contracts, and payment vouchers evidencing in proper detail the
nature and propriety of the charges.
Section 6
Progress Reports
The Contractor shall remit to WSDOT progress reports as described in Exhibit II, Scope of
Work, so that WSDOT may adequately and accurately assess the progress made by the
Contractor and third parties to this Agreement in implementing RCW 70.94.521 et. seq. These
reports shall be submitted to WSDOT along with any request for reimbursement submitted
pursuant to Section 4, Reimbursement and Payment.
2
Section 7
Audits, Inspections, and Records Retention
WSDOT, the State Auditor, and any of theft representatives shall have full access to and the right
to examine, during normal business hours and as often as they deem necessary, all of the
Contractor's records with respect to all matters covered by this Agreement. Such representatives
shall be permitted to audit, examine and make excerpts or transcripts bom such records, and to
make audits of all contracts, invoices, materials, payrolls, and other matters covered by this
Agreement. In order to facilitate any audits and inspections, the Contractor shall retain all
documents, papers, accounting records, and other materials pertaining to this Agreement for
three years from the date of completion of the project or the project final payment date.
However, in ease of audit or litigation extending past that three years period, then the Contractor
must retain all records until the audit or litigation is completed. The Contractor shall be
responsible to assure that it, WSDOT, the State Auditor, and any of their representatives, retain
comparable audit rights with respect to subcontractors to the Contractor within the scope of this
Agreement.
Section 8
Agreement Modifications
1. Either party may request changes to this agreement, including changes in the Scope of Work.
Such changes that are mutually agreed upon shall be incorporated as written amendments to
the Agreement. No variation or alteration of the terms of this Agreement shall be valid
unless made in writing and signed by authorized representatives of the parties hereto.
2. Any additional funding secured by WSDOT beyond the amount identified in Section IV,
Reimbursement and Payment will be allocated to the Contractor for the period July 1, 2002
to June 30, 2003 in accordance with the methodology described in Sections 1 and 2 of
Exhibit I, Funding Allocation Methodology If an increase in funding by the funding source
augments the Contractor's allocation of funding under this Agreement, the Contractor and
WSDOT agree to enter into an amendment to this Agreement providing for an appropriate
change in the Scope of Work and/or the project amount in order to reflect any such increase
in funding.
3. If a reduction of in funding by the funding source reduces the Contractor's allocation of
funding under this Agreement, the Contractor and WSDOT agree to enter into an amendment
to this Agreement providing for an appropriate change in the Scope of Work and/or the
project amount in order to reflect any such reduction of funding.
Section 9
Recapture Provision
In the event that the Contractor fails to expend state funds in accordance with state law and/or the
provisions of this Agreement, WSDOT reserves the right to recapture state funds in an amount
equivalent to the extent of noncompliance. Such right of recapture shall exist for a period not to
exceed three (3) years following termination Of the Agreement. Repayment by the Contractor of
state funds under this recapture provision shall occur within thirty (30) days of demand
Section 10
Disputes
Any disputes between WSDOT and the Contractor with regard to this Agreement that are not
disposed of by the project administrators assigned to supervise this Agreement shall be referred
for determination to the Secretary of WSDOT, or his/her designee, as a condition precedent to
the commencement of any legal action, accept as necessary to avoid the preclusive effects of any
applicable contractual deadlines or statutes of limitation.
Section 11
Termination
WSDOT, at its sole discretion, may suspend or terminate this Agreement in whole, or in part, for
the following reasons:
1. The Contractor materially breaches, or fails to perfonn any of the requirements of, this
Agreement, and after fourteen (14) days written notice, has failed to cure the condition(s)
causing that breach; The Contractor materially breaches and, fails to remedy after
fourteen (14) days written notice. Conditions of breach may include, but not be limited
to:
· Any action of the Contractor, which under the procedures of this Agreement would have
required the approval of WSDOT, taken without such WSDOT approval;
· Failure to perform in the manner called for in this Agreement; and
· Failure to comply with any provision of this Agreement.
2. The Contractor is prevented from proceeding with the Project by reason of a temporary
preliminary, special, or permanent restraining order or injunction of a court of competent
jurisdiction where the issuance of such order or injunction is primarily caused by the acts
or omissions of persons or agencies other than the Contractor;
3. The requisite state funding is reduced or becomes unavailable through failure of
appropriation or otherwise;
4. WSDOT determines that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds;
5. WSDOT, at its sole discretion, determines to accept a request made in writing by the
Contractor to terminate the Agreement in whole or in part; or
6. WSDOT determines that suspension or termination is in the best interests of the state.
If this Agreement is terminated under subsections 2., 3., 4, 5, and/or 6 of this Section, then the
Contractor may be reimbursed only for actual and eligible direct expenses under this ,Agreement
incurred prior to the date of termination, and then only to the extent of appropriated fimds. If this
Agreement is terminated under subsection 1 of this Section, then WSDOT shall not be obligated
to provide any additional reimbursement past the effective date of that termination and WSDOT
shall also retain all rights to seek recapture, or damages, from the Contractor. If an appropriate
judicial authority detemfines that the Agreement was improperly terminated under subsection 1
of this Section, then the termination shall be deemed a termination under subsection 6 of this
Section with all attendant rights and limitations.
4
Section 12
Forbearance by WSDOT Not a Waiver
Any forbearance by WSDOT in exercising any right or remedy hereunder, or otherwise afforded
by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
Section 13
Waiver
In no event shall any WSDOT payment of grant funds to the Contractor constitute or be
construed as a waiver by WSDOT of any Contractor breach, or default which and shall in no way
impair or prejudice any right or remedy available to WSDOT with respect to any breach or
default.
Section 14
Independent Contractor
The Contractor shall be deemed an independent Contractor for all purposes, and the employees
of the Contractor or any of its subcontractors and the employees thereof, shall not in any manner
be deemed to be employees of WSDOT.
Section 15
WSDOT Advice
The Contractor bears complete responsibility for the administration and success of the Project as
it is defined by this Agreement and any amendments thereto. Although the Contractor is allowed
to seek the advice of WSDOT on problems that may arise, the offering of WSDOT advice shall
not shift the responsibility of the Contractor for the correct administration and success of the
Project, and WSDOT shall not be held liable for offering advise to the Contractor.
Section 16
Limitation of Liability and Indemnification
No liability shall be attached to WSDOT or the Contractor by reason of entering into this
Agreement except as expressly provided herein. This Agreement is not intended to benefit any
third party. The Contractor shall indemnify and hold WSDOT, its agents, employees, and/or
officers harmless from, and shall process and defend at its own. expense, any and all claims,
demands, suits, penalties, losses, damages, or costs of whatsoever kind or nature (hereafter
"claims") brought against WSDOT arising out of or incident to the execution, performance or
failure to perform of or under this Agreement; provided, however, that if such claims are caused
by or result from the concurrent negligence of (a) the Contractor, its agents, employees, and/or
officers and (b) WSDOT, its agents, employees, and/or officers, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the Contractor, its agents,
employees, and/or officers; and provided further that nothing herein shall require the Contractor
to hold harmless or defend WSDOT, its agents, employees, and/or officers from any claims
arising fi:om the sole negligence of WSDOT, its agents, employees, and/or officers.
Section 17
Hold Harmless
5
It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and
gives no right to any other party. No joint venture or partnership is formed as a result of this
Agreement. Each party hereto agrees to be responsible and assumes liability for its own
negligent acts or omissions, or those of its officers, agents or employees, and agrees t° save,
indemnify, defend, and hold harmless the other party from such liability. Each contract for
service or activities utilizing funds provided in whole or part by this Agreement shall include a
provision that WSDOT and the State of Washington are not liable for damage or claims for
damages arising from any city, town, designee or subcontractor's performance or activities under
the terms of those contracts.
Section 18
Governing Law, Venue, and Process
This Agreement shall be construed and enforced in accordance with, and the validity and
performance thereof shall be governed by the laws of the State of Washington. In the event that
either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this Agreement, the parties hereto agree that any such action shall be initiated in
the Superior Court of the State of Washington situated in Thurston County. The Contractor
hereby accepts service of process by registered mail consistent with RCW 4.28.080(1). Each
party shall bear its own legal costs and expenses, including attorney fees, in any such litigation.
The parties may bilaterally elect to submit their dispute to mediation or arbitration on such terms
as are agreed upon by the parties.
Section 19
Compliance with Laws and Regulations
The Contractor agrees to abide by all applicable state and federal laws and regulations, including,
but not limited to, those concerning employment, equal opportunity employment,
nondiscrimination assurances, project record keeping necessary to evidence agreement
compliance, and retention of all such records. The Contractor will adhere to all of the
nondiscrimination provisions in Chapter 49.60 RCW. The Contractor will also comply'with the
Americans with Disabilities Act (ADA), Public Law 101-336, which provides comprehensive
civil rights protection to individuals with disabilities in the areas of employment public
accommodations, state and local government services and telecommunication.
Section 20
Section Headings
All section headings are inserted for convenience only and shall not affect any construction or
interpretation of this Agreement.
SeCtion 21
Severability
If any covenant or provision of this Agreement shall be adjudged void, such adjudic,tion shall
not affect the validity or obligation of performance of any other covenant or provision, or part
thereof, that in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this Agreement. No controversy concerning any covenant or
provision shall delay the performance of any other covenant or provision except as herein
allowed.
6
Section 22
Execution and Acceptance
This Agreement may be simultaneously executed in several counterparts, each of which shall be
deemed to be an original having identical legal effect. The Contractor does hereby ratify and
adopt all statements, representations, warranties, covenants, and agreements and their supporting
materials contained and/or mentioned herein, and does hereby accept State funds and agrees to
all of the terms and conditions thereof.
Section 23
Execution
This Agreement is executed by the Director of the Public Transportation and Rail Division, State
of Washington, Department of Transportation or the Director's designee, not as an individual
incurring personal obligation and liability, but solely by, for, and on behalf-of the State of
Washington, Department of Transportation, in his/her capacity as Director of the Public
Transportation and Rail Division.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
STATE OF WASHINGTON
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
By: By:
JAMES H. SLAKEY, Director
Public Transportation and Rail Division
Date:
Date:
Approved as to form by:
Assistant Attorney General
Counsel to WSDOT
Date:
7
Exhibit I
Funding Allocation Methodology
Funding allocated.by WSDOT for. local implementation of CTR activities is based on the
following formula:
1. 80% of total available state funding for local CTR implementation will be allocated based
on the number of affected worksites in each county, provided that each county receives a
minimum of $80,000 per year. The number of affected worksites in each county shall be
based on information contained in WSDOT database as of May 1 of each year.
2. 20% of total available state funding for local CTR implementation will be allocated based
on the number of commute trips reduced by worksites in each county between each
worksite's base year survey and its most recent survey. For the period July 1, 2001
through June 30, 2002, the mOst recent survey period will be 1999. For the period July 1,
2002 through June 30, 2003, the most recent survey period will be 2001.
Julyl, 2001 - June 30, 2002 Allocation
80% 20%
Number of Trips Worksite Performance Total
County Worksites Reduced/Day Allocation Allocation Allocation
.ark 47 578 $80,000.00 $13,493.27 $93,493.27
King 612 8,238 $749.311.68 $192,314.10 $941,625.78
Kitsap 34 0 $80,000.0¢ $0 $80,000.00
Pierce 81 2,968 $99,173.6C $69,287.24 $186,460.84
Snohomish 95 1,158 $116,314.72 $27,033.23 $143,347.95
Spokane 98 2,238- $119,987.81 $52,245.56 $172,233.37
I'hurston 99 796 $121,212.1~ $18,582.42 $139,794.61
Whatcom 33 183 $80,000.0£ $4,272.09 $84,272.09
Yakima 20 183 $80,000.00 $4,272.09 $84,272.09
TOTAL 1119 16,342 $1,526,000.00 $381~500.00 $1,907,500.00
Any distribution of funds to jurisdictions within a county shall be done on the basis of the
number of affected worksites in each jurisdiction. For example, if there are two jurisdictions in a
county, each with fifty percent of the total number of affected worksites in the county, any
division of funds within the county should provide each of the two jurisdictions with fit~ percent
of the total county funding allocation.
8
EXHIBIT II
SCOPE OF WORK
Implementation of Commute Trip Reduction (CTR)
Plans and Program
CONTRACTOR TASKS
General Administration
The Contractor will serve as a liaison between WSDOT cities and towns, for the purposes of
RCW 70.94.521 et. seq.
Funding Distribution and Reporting
The Contractor shall distribute funds to affected jurisdictions, or their designees, within the
county implementing CTR plans and ordinances as required by RCW 70.94.544 by entering into
agreement through the interlocal cooperation act or by resolution or ordinance as appropriate
with other jurisdictions, local transit agencies, or regional transportation planning organizations.
The Contractor shall submit to WSDOT a list of dollar amounts to be disbursed by the
Contractor to local jurisdiction(s) or a fund dispersion methodology within thirty (30) days of
approval of any interlocal agreements between the Contractor and affected jurisdiction(s).
Implementation plans
The Contractor, the affected jurisdictions, or its designee, shall implement all of the provisions
listed below. The Contractor shall include all of these provisions in interlocal agreements with
other jurisdictions, local transit agencies, regional transportation planning organizations, or other
pertinent organizations, as necessary, to coordinate the development, implementation, and
administration of CTR plans and ordinances.
General Program Administration
Maintain and administer a CTR
jurisdiction(s).
ordinance and plan for affected employers in the
Public Hearing Notice
Provide WSDOT with a public hearing notice and copies of any proposed amendments to the
CTR ordinance, plan, and/or administrative guidelines within the first week of the public
review period and final copies of all actions within one (1) month of adoption.
e
Annual Expenditure Report
Within thirty (30) days after June 30, 2002, and thirty (30) days after June 30, 2003, submit
to WSDOT a report summarizing overall costs incurred in implementing the~ CTR ordinance
and plan. Costs shall be reported in a format provided by WSDOT.
4. Appeals, Exemptions and Modifications
9
Maintain an appeals process. This process must be consistent with RCW 70.94.534(6) and
procedures contained in the Commute Trip Reduction Task Force Guidelines. The
Contractor, or their designees, will submit requests for exemptions or modifications,
including requests for goal modifications, to WSDOT for review and comment within five
(5) days of receiving such requests, and shall allow WSDOT five (5) working days to provide
comments prior to approving or denying the request.
Technical Guidance and Support
Work collaboratively with and provide technical guidance and support to affected employers.
The Contractor, or their designees, will provide the basic services identified in the Commute
Trip Reduction Task Force Guidelines in order to achieve trip reduction goals.
e
Survey Processing
Notify WSDOT prior to sending any surveys to the University of Washington, Office of
Educational Assessment for processing. The notification must include the name of the
worksite, employer identification code, and type of survey for each survey being submitted
for processing. The notification shall be submitted as an electronic spreadsheet via electronic
mail. The Contractor agrees to wait for confirmation from WSDOT prior to sending or
delivering the surveys for processing.
Database Updates
Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a
quarterly basis. These updates will be submitted electronically in a format specified by
WSDOT.
Employer Annual Reports
Within 30 days fi:om the date of approval, submit to WSDOT one electronic or hard copy of
any approved employer annual reports.
Employer Exemptions and Goal Modifications
Within 30 days from the date of approval, submit to WSDOT the name and employer
identification code for any worksite that has been granted an exemption or goal modification.
Include information about the duration of all exemptions and information on the type of goal
modification granted.
10. Progress Report and Invoice
Submit to WSDOT periodic 'progress reports, as detailed in Exhibit 1II, along with any
invoice or request for reimbursement.
WSDOT TASKS:
1 General Technical Assistance
WSDOT will provide support to the Contractor, or their designees, in developing and
implementing CTR plans and programs, including providing training, informational materials,
10
and assistance in CTR evaluation. WSDOT will also assist with overall CTR outreach on a
stateWide basis.
2. Exemptions and Modifications
WSDOT will review and comment on emPloyer requests for waivers and modifications,
including requests for goal modifications, within five (5) working days. Failure to review and
comment on such requests within five (5) working days shall be considered a forfeiture of the
right to comment on the request.
3. Database Management
wSDOT will-maintain a current database of all affected worksites in Washington State.
WSDOT will input new and/or updated worksite information within fifteen (15) working days of
receipt from local jurisdictions. WSDOT will employ an intemaI verification process to ensure
all new and/or updated information is input in a timely and accurate manner. WSDOT will
submit quarterly to the Contractor an updated list of affected worksites. Information from
WSDOT database will be used to determine funding allocation consistent with the methodology
contained in Exhibit I, Funding Allocation Methodology
4. Training Program
WSDOT will develop and maintain employer and jurisdictions training materials to support local
implementation of the CTR program.
5. CTR Public Awareness
WSDOT will develop and implement statewide CTR public awareness and recognition programs
to support local implementation of the CTK program in affected jurisdictions.
6. Annual Reporting Assistance
WSDOT will distribute in sufficient quantities the State "Program Description & Employer
Annual Report" form to the Contractor, affected jurisdiction, or its designee, as requested.
7. Survey Assistance
WSDOT will:
7.1 Provide the Contractor, or their designees, with summary survey information as requested.
7.2-Distribute the Employee Questionnaires in sufficient numbers to the Contractor, or its
designees, as requested.
7.3 Provide survey processing at no cost to the Contractor, or their designees, and affected
employers, for the Employee Questionnaire during the base year and all subsequent surveys
required by the Contractor.
7.4 Provide technical assistance to the Contractor, or their designees, and employers, on
surveying, as requested.
11
7.5 Work with the Contractor, o; their designees, to calculate goal measurement information and
track measurement survey history for all CTR affected worksites.
'/.6 Return the processed Employee Qdestionnaires and survey reports to the Contractor, or their
designees, within thirty (30) days of the date the forms are delivered for processing.
7.7 Provide the "CTR Guide for Employer Surveys" in sufficient quantifies as requested by the
Contractor, or their designees. WSDOT will review survey guide/instructional materials
developed by the Contractor or its designees for consistency with the state-developed "CTR
Guide for Employer Surveys".
7.8 Review all electronically submitted survey notifications and respond to the Contractor within
five (5) working days.
12
·
·
·
·
·
1.
e
Exhibit IH
Progress Report Format
Name of the Organization Submitting Report
Submitted on behalf of following Jurisdiction(s)
Contact Person Name
Contact Person Phone and Fax Number
Contact Person e-mail
CTR activities:
A brief summary of activities undertaken.
CTR Funds Disbursed
Jurisdiction Disbursed Total Disbursed
Since Last Report Fiscal Year to Date
Jurisdiction A $ $
Jurisdiction B $ $
i(etc)
Total Disbursement $ $
o
Expenditures This Quarter
List actual total expenditures
expenditures
by category as indicated.
on the last line of the following table.
CTR Fund
Categories CTR Fund Expenditures
Expenditures Year To Date
Since Last Report
Program administration $ $
iTraining $ $
Employer support and services $ ,$
'Other (Specify) $ $
Total $ $
Estimate
13
DATE:
TO:
FROM:
VIA:
SUBJECT:
July 16, 2001
Dean McColgan, Chair
Land Use / Transportation Committee
Cary M. Roe, Public Works Director ~///4~--~
David H. Mos~ager
Courtyard Village Development Agreement
BACKGROUND
In November 2000, Larry Draper, developer of the proposed Courtyard Village Senior Housing Project, requested
and was granted a two-year extension (from September 30, 2001 to September 30, 2003) for construction and
dedication of 19th Avenue SW and SW 344e Street Improvements as required by the Developer Agreement
between the City of Federal Way and Mr. Draper (see attached LUTC materials and revised Developer
Agreement).
REQUEST
Mr. Draper is now requesting an extension of the date to commence construction of 19th Avenue SW and SW
344th Street from July 1, 2001 to September 30, 2001 (see attached letter).
RECOMMENDATION
Due to the amount of City Council involvement with the terms and conditions of the Developer Agreement
between the City of Federal Way and Mr. Draper, staff is seeking direction from the Committee on this matter.
fi:PPRO..y..,~..~F COMMITTEE ~_RE. P.O~~:;.: ....~:~,,,..-L~g,'.~e:.~ ',. ," ',.'.-".. "' '~1
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C0mm~tt~.~gw -~, : ;C~m~t~e.Member .... ....¢:~f.~~,~Member....?~]
cc: Project File
Day File
K:Xlutc~2001Xcoutyard village memo.doc
Courtyard Village- Federal Way
Larry Draper
3722 SW Corbett Ave.
Portland, OR 97201
Phone 503-804-0556
Fax 503-274-9048
June 18,2001
Mr. Cary Roe
Director of Public Works
City of Federal Way
33530 Ist Way South
P O Box 9718
Federal Way, WA 98003-9718
Phone 253-661-4130
Fax 253-661-4129
Re: Development Agreement
Dear Mr. Roe:
As we discussed, I wish to extend the date for construction to begin in the agreement
from July 1, 2001 to September 30, 2001.
Please advise how I may accomplish the extension.
Thank you for your time.
Sincere~,~
FIRST AMENDMENT
TO
DEVELOPMENT AGREEMENT BETWEEN
CITY OF FEDERAL WAY AND LARRY DRAPER
a//~/~/.~_~.~This First Amendment ("Amendment") is dated effective this /'~ ~day of
, 2001, and is entered into by and between the City of Federal Way, a
Washington municipal corporation ("City"), and Yen, Chen, Chang and Associates ("Chen"), a
Washington general partnership and Larry H..Draper (~Draper").
A. The City, Chen and Draper entered into a Development Agreement dated effective
August 8, 1999, whereby Chen and Draper agreed, as part of the development of the property, to
engineer, design, construct and improve !9th AvenueSW and extend said street to SW 344~h Street,
and to engineer, design, construct and improve SW 344'~ Street west to connect to the Federal Way
Park - 'n - Ride No 2. (Agreement").
B. Section 8.7 of the Agreement provided that the Agreement may only be amended by
written agreement signed by the parties.
C. The City, Chen and Draper desire to amend the Agreement to extend the completion
of construction of the improvements.
D. The extension of the construction completion date set forth below was approved by
the Federal Way City Council on December 19, 2000.
NOW, THEREFORE, the parties agree to the following terms and conditions:
1. Section 3.1 is hereby amended to read as follows:
3.1 Draper and Chen covenant and agree that, regardless of the date of
commencement of construction of Courtyard Village (subject to Paragraph 8.6
below), Draper or any other party developing the Property will commence
construction of the improvements described herein no later than July 1,2001 and will
complete construction to the City's satisfaction no later than September 30, 2003.
2. Full Force and Effect. All other terms and conditions of the Agreement not modified
by this Amendment shall remain in full force and effect.
'DATED the effective date set forth above.
CITY OF FEDERAL WAY
D~vid H. Mosele¥ ~
Its City Manager ~
33530 1st Way South ~.
Federal Way, Washington 98003
A T: ' Q. 0 .4
C~rk/~~~~
APPROVED AS TO FORM:
Bob C. Sterbank, ~ City Attorney
LARRY.H. ~c~PER
~___~La~'y IffT. Draper
YEN,CHEN, CHANG AND ASSOCIATES
(Signature)
(Title)
(Address)
Ic:¥ubw~wk~Villa~dcv. I st
Rev. 3/21/01
(Phone)
-2-
CITY OF~~,
DATE:
TO:
FROM:
VIA:
SUBJECT:
November 15, 2000
Phil Watkins, Chair
Land Use and Transportation Committee
Cary Roe, Public Works Director
David H. Mo. se~~mager
Courtyard Village Developer Agreement Extension
BACKGROUND
Larry Draper proposed constructing up to 300 units of senior housing on a parcel between Fred
Meyer and the Twin Lakes Park-and-Ride Lot, as shown in Figure 1. The proposed project site was
bisected by a planned extension of SW 341~t Place running east-west between 21~ Avenue SW and
19th Avenue SW. The extension of SW 341~ Place as described above is identified in the City's
Comprehensive Plan and is classified as a minor collector. Mr. Draper requested a site-specific
Comprehensive Plan amendment to eliminate SW 341 ~ Place from the ComprehensivePlan because
it divided the site. In the 1998 Comprehensive Plan Amendment approved by City Council on
December 18, 1998, the Council approved Mr. Draper's site-specific request on the condition that a
Developer Agreement be negotiated which would require Mr. Draper to acquire, construct, and
dedicate the following to the City:
1. The extension of 19th Avenue SW beyond the south property line of the Courtyard Village
site to the planned extension of SW 344~ Street.
2. The extension ofSW 344th Street from the east property line of the Twin Lakes Park-and-
Ride Lot to the extension of 192 Avenue SW.
The Developer Agreement was executed on August 12, 1999 and required the construction and
dedication of 19th Avenue SW and SW 344th Street extension improvements by September 30, 2001.
A copy of the Developer Agreement is attached for your reference.
ACTION
At the October 9, 2000 LUTC meeting, Mr. Draper requested a time extension for the construction
and dedication of 19t~' Avenue SW and SW 344th Street extension improvements. The Committee
tabled the time extension request until staff and the developer could meet. Staff now offers the
following options for the Committee's consideration:
Option A - To reject the request for a time extension for the construction and dedicationof 19th
Avenue SW and SW 344th Street extension improvements and thus reinstating SW 341 st Place'
back into the City's Comprehensive Plan as a planned street.
Option B - To approve a two- (2) year time extension for the construction and dedication of
19a Avenue SW and SW 344th Street extension improvements, which shifts the starting point
of the Courtyard Village project from Spring 1999 to Spring 2001. This option would require
the two street extension improvements to be completed by September 30, 2003.
Option C - To approve a three- (3) year time extension for the construction and dedication of
19~ Avenue SW and SW 344t~ Street extension improvements, which shifts the starting point
of the Courtyard Village project from Spring 1999 to Spring 2001 and grants an additionalone
year above and beyond what the original Developer Agreement provided. This option would
require the two street extension improvements to be completed by September 30, 2004.
RECOMMENDATION
Due to the amount of City Council involvement with the terms and conditions of the Developer
Agreement with Mr. Draper, staff is seeking direction from the Committee on this matter.
RAP:jif
k:\lutcX2000\devagrmntext2.doc
~SW 3;:14th HL
25th
SW 337th PL
Parcels Figure 1
S
Map Prilted-Nov 15
Federal Way,
CityMap
· . A~r recording, return to:
City of Federal Way
Attn: ~o~ .~tczcb~k
(Staff name)
33530 1st Wa~ South
Federal Way, WA 98003
{.999~8310003~7
08/3t/1.999
KING COUNTY,
DOCUMENT TITLE: Development Agreement Between City of Federal Way, and Larry
Draper .
GRANTOR: Yen, Chen, Chang and Associates and Draper, ~~i.i.'4~'~z~
GRANTEE: City of Federal Way
PARCEL A LEGAL DESCRIPTION: Portion of SE % of NE ¼ of S. 24, T. 21 1~, IL 3 E in
King Co., WA.
(Additional Legal on Exhibit A)
PARCEL B LEGAL DESCRIPTION: Portion of SE % of NE % of S. 24, T. 21 N, R. 3 E in
King Co., WA.
(Additional Legal on Exhibit A)
ASSESSOR'S'PROPERTY TAX PARCEL: · Parce. l A # 242103-9006
Parcel B #'242103-9054
REFERENCE NOS. of other Documents N/A
KApubwodcs~ctydvill.628a
DEVELOPMENT AGREEMENT BETWEEN
CITY OF FEDERAL WAY, AND LARRY DRAPER
This.Agreement, ~ade and entered into this ff~' day of/'~,:cq/~-~rl999, by and between
Yen, Chen, Chang and Associates (~Chen~), a Washington general partnership and L~w?~e,e~.,
Draper UDraper'), on the one hand, and the City of Federal Way, Washington, a municipal
corporation UCity~), on the other (collectively ~the partiesD. *Larry H. ~'//-~
A. Chen is the owner of two parcels of undeveloped real property, Parcel A (also
known as Tax Lot 6) and Parcel B (also known as Tax Lot 54). Parcels A and B are referred to
collectively herein as ~the Property, ~ and are located in the City of Federal Way, adjacent to 341~'
Place and 19~ Avenue SW. The parcels are legally described in Exhibit ~A~ and depicted on
--Exhibit ~B" attached hereto and incorporated herein.
B. Draper has entered into a contract to purchase Parcel A (Tax Lot 6), and wishes
to develop a senior housing complex on it. Draper proposed to build the sen'.tor housing in two
phases: Phase I on Parcel A (Tax Lot 6), and Phase II on Parcel B (Tax Lot 54). The project is
proposed tO be named Courty.ard Village. 34!* Place South, as shown in the Transportation
Element of the City's 1995 Comprehensive Plan, would bisect the planned project.
C. During the City's 1998 annual review of its Comprehensive Plan, Draper requested
that the City delete 341't Place from the Transportation Element, to facilitate development of
Courtyard Village.
D. The.Council agreed, on the condition that, as part of the project and in addition to .
those conditions that may be administratively imposed as permit conditions, Draper enter into a
deve. lopment agreement providing for improvement of 19'h Avenue SW from the south boundary
of Parcel A (Tax LOt 6), along the east boundary of Parcel B (Tax Lot 54) to SW 344~ Street, and
improvement of 344~ west'to connect with the portion of 344~ that the Washington Department
of Transportation (~WSDOT~) is to install as part of its construction of the Federal Way Park-'n-
Ride No. 2.
19990851000507
~ ~20C
D~velopment Agreement
City of Federal Way and Draper - Courtyard Village project / South 344m Street
- Page 2 '
E. .Chen and Draper wish to enter into a development agreement with the City, to
fulfill the condition set by the Council for its deletion of 341~ Place from the Transportation
Element of the Comprehensive Plan.
F. The City has authority under RCW 36.70B. 170-.210 to enter int.o a development
agreement to delineate the development standards governing -develOpment and use of property.
NOW, THEREFORE, for and in consideration of the City's deletion of 341= Place from
the Transportation Element of the Comprehensive Plan, the parties agree as follows:
1. Development of Property_. Draper and Chen covenant and agree that, as part of
the development of Parcel A (Tax Lot 6), Diaper or any other party developing the Property' will
engineer, design, construct and improye 19m Avenue SW, commencing at the south boundary of
Parcel A (Tax Lot 6) and extending along the east boundary of Parcel B (Tax Lot 54) south to SW
344m Street. Draper and Chert also covenant and agree that, as part of its development of the
Property, Draper or any other p .agty developing the property will engineer, design, construct and
improve SW 344t~ west to connect with the portion of SW 344~ that WSDOT is to install as part
of its construction of the Federal Way Park-'n-Ride No. 2. The location of the streets to be
..constructed and improved are shown on Exhibit "B" attached hereto and incorporated herein by
reference. Following completion of construction and required maintenance to the City's
satisfaction, as evidenced by the City's acceptance, Draper and Chert shall dedicate said streets
to the City as public rights of way~ The timing and scope of' the improvements and dedication
required herein, as well as other requirements governing the improyements, are set forth in
Paragraphs 2 - 7 below.
2. Extent o,f Improvements Required. Draper and Chen covenant and agree that the
19th Avenue SW and SW 344~ Street will be improved as follows:
2.1: 19th Avenue SW wilI be improved in accordance with the standards for a
minor collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway
Cross Section S, Figure III-3, except that on the east side of the street, Draper need not construct
or install a planter strip, street lights, street trees or sidewalk.
2.2. SW 344th Street will be improved in accordance with the standards for a
Principal Collector, as set forth in Chapter 3 of the Federal Way Comprehensive Plan, Roadway
Cross Section K, Figure III-3, except that on'the south side of the street, Draper need not
construct or install a planter strip, street lights, street trees or sidewalk.
F'IR~T A("ICRICAt'( ~G
1999083 ! 000307
"00/31/179~
De'$elopment Agreement
City of Federal Way and Draper - Courtyard Village project / South 344~ Street
Page 3
.2.3. Improvements to both 19th Avenue SW and SW 344t~ Street shall include
all utilities, including surface water drainage, sanitary sewer, water, lighting, power, telephone,
and cable television, in accordance with the requirements of the Federal Way City Code.
3. Timing of Construction and Dedication .of Improvements;
3.1. Dral~er and Chen covenant and agree that, regardless of the date of
commencement of construction of Courtyard Village (subject to Paragraph 8.6 below), Draper or
any other party developing the Property will commence construction of the improvements
described herein no later than luly I, 2001 and will complete construction, to the City's
satisfaction no later than September 30, 2001.
3.2 Draper and Chen covenant and agree that Draper or any other party
developing the Property shall obtain all necessary permits and approgals from the City of Federal
Way prior to commencement of construction.
3.3. Draper and Chen covenant and agree that, following completion of
..construction and satisfactory maintenance of the street (as determined by the City in its sole
discretion) for two years, Draper and Chen will within 30 days of the City's demand deliver a
statutory warranty deed, in a form in accordance with Federal Way City Code requirements and
acceptable to the City Attorney. The deed shall dedicate the segments of the 19th Avenue SW and
SW 344~ Street. rights-of-way specified herein to the City .for public travel and utilities. The
rights-of-way dedicated shall meet the standards for minor and principal collectors Roadway Cross
Sections S and K, respectively, as applicable.
4. Bonding of Improvements.
Draper and Chen covenant and agree that Drfiper or any other party developing the
Property will provide performance and maintenance bonds to insure his performance herein and
maintenance Of the improvements once constructed. The bOnds shall be in a form aeceptabte to
the. City Attorney and in accordance with the requirements of the Federal Way City Code,
including but not limited to Sections 22-146 - 22-175. Draper or any other party developing the
Property shall provide the bonds meeting the requirements of this Paragraph prior to the City's
issuance of a building permit for Courtyard Village or other development of Parcel A (Tax Lot
6).
~ ~4 0C'614
08/31/1999 09:40
Development Agreement
City of Federal Way and Draper - Courtyard Villag~ project / South 344th Street
Page 4
5. .Latercomers' Agreement
The City agrees that Draper may seek City Council approval of a Latecomers'
Agreement, to enable Draper to seek reimbursement for the costs of the improvements described
herein from other property owners who develop in the future adjacent to 19th Avenue SW or SW
344"' Street and are not required to construct street improvements because the improvements they
would be required to install have already been constructed by Draper. City Council review and
approval of any such Lat~comers' Agreement shall be pursuant to FWCC 20-206 et seq.
6. property Acquisition
The City further agrees that, tO the extent allowed by applicable law, it wiII
exercise its power of eminent domain to acquire fight-of-way necessary for construction of the
improvements described above; PROVIDI~D, however, that it will do so only under the following
conditions:
6.1 That Draper is unable to practicably acquire the property for fair market value,
as demonstrated by a written offer and rejection Of or expiration of that offer and an MAI
..appraisal acceptable to the City indicating that the rejected or expired offer was equal to or greater
than the fair market value of the subject property; and
6.2 That 'Draper pay the cost of the property acquired and all of' the City's costs,
including staff and consultant time, attorneys' and appraisers' fees, and all other costs incurred
in exercise of the City's power of eminent domain hereunder.
7. Environmentally Sensitive Areas
In the event that the route contemplated for the extension of i9th Avenue SW and
SW 344th Street encroaches upon any enviromnentally sensitive areas as defined by the FWCC,
the City agrees that it will cooperate with Draper in identifying alternate routes and/or roadway
configurations for the improvements required herein. '
8. General Provisions.
8.1. Binding on Successors; Covenant to Run With Land. This Agreement is intended
to protect the value of the Property, as well as the public health, safety, and welfare of the City
of Federal Way, and the benefits and burdens inuring to Draper and Chen, and to the City, from
this Agreement shall run with the land and shall be binding upon Draper and Chen and their heirs,
successors, and assigns, and upon the City of Federal Way.
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344~ Street
Page 5
8.2. .Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington. Venue for any action to enforce the terms
of this Agreement shall be in King County Superior Court.
8.3. Recording. Chis Agreement shall be recorded against the Property.
8.4. Severability. The provisions of this Agreement are separate and severable. The
invalidity of any clause, sgntence, paragraph, subdivision, section, or portion or the invalidity of
the application thereof t.o any person or circimlstance, shall not affect the validity.of the remainder
of this Agreement, or the validity of its application tO other persons or circumstances.
8.5 Authority. The City, Draper, and Chert each represent and warrant to the other
· that it has the respective power and authority, and is duly authorized, to execute and deliver this
Agreement and that the persons signing on thek behalf are duly authorized to do so. Chen and
Draper further represent and warrant that they are the fee owners and contract purchasers,
respectively, of Parcel A (Tax Lot 6) and Tax Lot 54, that they have authority to agree to the
covenants contained herein, and that there are no other persons, entities, or parties with any
ownership interests in the .Property.
8.6 Term of Agreement. This Agreement shall remain in full forde'and effect unless
amended or terminated by the mutual agreement of the parties; provided, however, that this
Agreement shall be void if City does not grant approval for development on Parcel A.(Tax Lot
6) by July 1, 2001. If this Agreement becomes void pursuant to this Paragraph,'Draper and Chert
agree that 341~ Place shall be reinstated as part Of Comprehensive Plan Transportation ]Element
without need for further City Co.uncil action, and that any development on the Property (either
Parcel A or B) approved after July 1, 2001 will include construction of all road improvements
required by the FWCC for 341~ Place, at no cost to the City.
8.7 Amendment. This Agreemenf may be modified only by a written instrument duly
executed by all parties; provided, however, notwithstanding any provisions of this Agreement to
the contrary, the City of Federal Way may, without the agreement of Draper or Chert, adopt and
impose upon the Property restrictions and development regulations different than those set forth
herein, if required by a serious threat to public health and safety.
8.8
set forth.
Exhibits A -B attached hereto are incorporated herein by this reference as if fully
8.9 Headings.
shall not be construed to expand,
Agreement.
The headings in this Agreement are inserted for reference only and
limit or otherwise modify the terms and conditions of this
t<)99003tOO0307
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344~ Street
Page 6
8.10 .Integration; Scope of Agreement. This Agreement and its exhibits represent the
entire agreement of the parties with respect to the subject matter hereof, which is the deletion of
341~ Place from the Transportation Element of the City of Federal Way Comprehensive Plan.
There are no other agreements, oral or written, except as .expressly set forth herein. This
Agreement does not set forth all conditions applicable to the development of the Property;
additional conditions may be imposed as part of any permit issued by the City, as required by the
Federal Way City Code as determined by the discretion of the Director: of the Departments of
(~ommunity Developmem: Services and/or Public Works.
8.11 Indemnification. Draper and Chen release and agree.to defend,-indemnify, and
hold harmless the City and all of its elected and appointed officials, and its employees and agents,
from all liability, claims, appeals, and costs, including the cxSsts of defense of any claim or appeal,
arising in connection with this Agreement, the deletion of 341~ Place from the City's
Comprehensive Plan Transportation Element, and/or the City's review, approval, conditional
approval, or denial of any permits or approvals requested or necessary for development of the
Property, except to the extent any liability, claim, appeal or cost results from the sole negligence
of the City or its officers, agents, or employees in performing this Agreement.
8.12 Enforcement. In the event Draper or Chen fails to satisfy any of their obligations
"under this Agreement, the City shall have the right to enforce this Agreement at both law and
equity, including but not limited to enforcing this Agreement under the enforcement provisions
of the Federal Way City Code in effect at the time of any breach. Damages are not an adequate
remedy for breach, in addition, Draper's or Chen's failure to satisfy any of his obI. igations in this
Agreement shall constitute a breach of contract and shall be grounds for' termination of this
Agreement by the City.
8.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict
or limit the police powers of the City granted by the Washington State Constitution or by general
law. This Agreement is an exercise of the City's police powers and the authority granted under
RCW 36.70B. 170-.210.
8.14 Effective Date. This Agreement shall be effective on the effective date of the
City's Ordinance approving this Agreement, and the execution of this Agreement by duly
authorized representatives of each party,
19990831000307
PI~G~ 007 0(:' 014
~8.~31~'1999 eg: 4~
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344~ Street
Page 7
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year. indicated.
CITY OF FEDERAL WAY
~Kenneth ff~yberg
City Manager
Approved as to Form
for City of Federal Way:
Date:
City Attorney, Londi K. Lifidelf or
·, 1999.
N. Christine Green, CMC
..Federal Way City Clerk
1999083100030?
~ 000 0f 014
~/31/1~ 09:40
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344u' Street
Page 8
L~AV4'%ENG-E H. DRAPER
Larry
Approved as to form for-L-avercnee-H. Draper by:
YEN, CHEN, CHANG AND ASSOCIATES
Its:
Date:
Approved as to form for Yen, Chen, Chang and Associates by:
K:~pubwotkk:~yd vii{ .6!8
06-28-99
Development Agreement
City of Federal Way and Draper - Courtyard Village project / SOuth 344~ Street
Page 9
'STATE OF WASHINGTON)
) SS.
COUNTY OF KING )
On
this
day, personally appeared before me, the(undersigned, a Notary Public ia and for
~~of Washington, duly commissioned and swom,,~X"K-~,to me known to be
th~:Eity-Manager of the City of Federal Way, a Washington municipal corporation, the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
' Given under my hand and official seaI this ~"~c~ay of ~J'"~o/q , I999.
EILE£N ROBINSON (notary' ignatur._rc.) , . .
ST&TE OF Y/ASHINGTO~ (typed/printed name of notary)
~i0TAR¥-o- PUI]LIC Notary .Public in and for the State
k~ ~t~t/IaSI08 [Xl~l~$1-29--02 of Washington.
My commission expires: I
1999085100030?
p~GE:: ere o~ et4
Development Agreement
City of Federal Way and Draper.- Courtyard Village project / South 344~ Street
Page 10
COUNTY OF ~ )
SS.
LARRY
On this day personally appeared before me I:A~ H. DRAPER, to me known to
be the individual descril~ed in and who executed the foregoing instrument, and on oath swore that
he/she/they executed the foregoing instrument as his free and voluntary act and deed for the uses
and purposes therein mentioned.
Given my hand and official seal this t'~ day of _~~;e~/~- , 1999.
~'~ (notary signature)
0[:.~ SUSAN E PRINCE
) u oouc.oam I
~ CO~kSS~0N NO. 316~
(typed/printed name of.notary)
Notary Public in and for the State.of
My commission expires: (9C-4 [~Le)] 0"2.~
19990831000~07
Oll oq- 0'14
0~/~1/1599 09:40
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344m Street
Page 11
STATE OF WASHINGTON)
).SS.
COUNTY OF KING )
· On this day personally appearS, before me, the undersigned Notary Public in and for the
State of Washington, duly cot/unissioned and sworn, --~//:z-/~ t.~-~/ V~'/,t , to me
known to be the General Partner of YEN, CHEbl, CHANG AND ~SSO~2IATES, the Washington
general parmership that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said partnership, for the .uses and purposes therein
mentioned, and on oath stated that he/she/they was/were authorized to execute said instrument on
behalf of said partnership.
GIVEN my hand and official seal this I 2_. day of /zlO(,,-ct g 7'-
1999.
JEFFREY J. BENTON
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 29, 2OO2
'~noG~Y signature)
(typed/pr'rated name of notary)
Notary Public in and for the State of Washington
My-commission expires:
--
9990831000~07
PP. GC 012 0~' 814
00/31z'1999 119:40
Development Agreement
City of Federal Way and Draper - Courtyard Village project / South 344e Street
Page 12
EXHIBIT A - LEGAL DESCRIPTIONS
parcel A (Tax Lot 6)
The North 412 feet of the'Southeast Quarter of the Northeast Quarter of Section 24, Township
21 North, Range 3 East, W.M., in King County, Washington; except the F_~t 264' feet thereof;
and except the North 382 feet of the West 500 feet thereof; and except the West 30 feet thereof.
conveyed to King County for road purposes by deed recorded under Recording No. 842325; and
except that portion deeded to the. Federal Way School District No. 210 by deed recorded under
Recording No. 9303112451.
Parcel B (Tax Lot 54)
The West 475 feet, of the East 739 feet, of the South 411.24 feet, of the North 823.24 feet of the
Southeast 1/4 of the Northeast 1/4 of Section 24, Township 21 North, Range 3 East W.M., in
.King County, Washington.
19990831000:507
P~ 013 0t:' 014
00/31/1999 09:40
6
EXHIBIT
('( ( (' ·
~U~A~ VILLAGE JOHN LAPE, A~CHITECT
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Park:an~l-~Ride Lot'
100 0 100 200 300 400 Feet
~anned Strut
..... Extensions
· Figure 1
S
Map pflr~ed,-Nov 15 20~
Federal Way.
CityMap
Parcels
To:
From:
Via:
Date:
Subject:
Land Use and Transportation Committee
Mary Kate Gaviglio, Building Official )~tfi
David Mosele~~anager
July 10, 2001
Alternate materials, alternate design and methods of construction -
International Code Adoption
I. INTRODUCTION AND BACKGROUND
International Code Background
In 1985 the State of Washington established the State Building Code Council
(SBCC) to advise the Legislature on building code issues. The legislature,
understanding that building code issues are often highly technical and complex,
gave the SBCC the authority to adopt and amend the Uniform codes,
(promulgated by the International Conference of Building Officials ICBO). In
1994, ICBO and two other regional model code organizations, the Southern
Building Code Conference and the Council of American Building Officials,
joined together to form the International Code Council (ICC). Over the next six
years ICC developed a new family of model codes called the International Codes.
These codes were based on the existing model codes and were developed and
debated in an open public process. As agreed by all the ICC participants,
promulgation of the three individual, regional codes ceased and the I-codes
became the new national model code. As of 1998, the Uniform Building Code
became a historic document. No further updates or revisions will be made.
Current State Situation
During the I-Code development years a political and contractual dispute
developed over publishing rights and process issues related to code development
and promulgation. The controversy, generated by those with political and
financial investment in former code documents, has made the State legislature
reluctant to act on revising enabling legislation to name the I-Codes as the State
code in place of the Uniform codes. Legislation that would have adopted the
International Building, Mechanical and Fuel Gas Codes died in committee last
March.
I-Code Adoption as Alternate materials, alternate design and methods of
construction
Caught in the middle of this debate are the design community, code officials and
thc citizens they serve. Instead of using current code documents, we are in the
position of using older codes that do not take into account current advancements
in construction technology and philosophy.
The I-codes have design provisions that school designers would like to take
advantage of. Space designers cannot use new approaches to exiting design that
help reduce costs. We have already received inquiries about allowing the use of
the I-codes for projects within the city as designers research the codes and
discover how they can use them to benefit their clients. Designers can apply for
the use of the International Codes under the current alternate methods and
materials section of the Uniform Building Code. However, many professionals are
discouraged from doing so because of the time and uncertainty of doing so.
Adoption of the 1-Codes as an approved alternate would:
0
[]
[]
eliminate an unnecessary procedural step
provide predictability for the applicant
preserve the city's competitive position for commercial projects,
and
maintain the city's insurance rating for new structures
Potential negative impacts could include:
[]
an increased workload due to documentation needs
slower review and inspection during transition period
inconsistency with other cities
II. PROCEDURAL SUMMARY
The ordinance was presented and discussed at the Spring Quarter Business
Meeting of the Washington Association of Building Officials, reviewed by
the City's legal department and Federal Way Fire Department.
III.
COUNCIL ACTION/STAFF RECOMMENDATION
The Council shall by majority vote of its total membership take the
following action:
1. Approve the proposed ordinance;
2. Modify and approve the proposed ordinance; or
3. Disapprove the proposed Building Code Amendment.
Staff recommends adoption of the ordinance amending Chapter 5 of the
Federal Way City Code
IV. LAND USE/TRANSPORTATION COMMITTEE
RECOMMENDATION
It is the City's practice that all building code amendments be presented to
the LUTC. The LUTC discussed the ordinance and staff's
recommendation during a July 16, 2001 public meeting.
LUTC forwards the ordinance to the full Council for first reading as
follows:
As recommended by staff
As recommended by staff and amended by the LUTC
Approval of Committee Action
Dean McColgan, Chair
Jeanne Burbidge
Eric Faison
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND
ADOPTING THE 2000 INTERNATIONAL CODES AS AN APPROVED ALTERNATE
DESIGN AND METHOD OF CONSTRUCTION. (AMENDING ORDINANCES NOS. 90-33,
92-143, 95-234, AND 98-320)
WHEREAS, the City of Federal Way has adopted the State of Washington Uniform codes
pursuant to RCW 19.27.031; and
WHEREAS, the City has the authority to adopt local rules and regulations subject to the
provisions of RCW 19.27.040; and. ~
W}IEREAS, the Uniform Building Code, Section 104.2.8, authorizes the use of alternate
design and construction methods where separately approved by the legislative body of a city
implementing the Uniform Building Code; and
WI4EREAS, amendments to the Federal Way City Code (FWCC) text are authorized pursuant
to FWCC Process IV review; and
WHEREAS, pursuant to WAC 197-11-800(20) adoption of regulations relating solely to
governmental procedures and containing no substantive standards respecting use or modification of
the environment is exempt from the procedural requirements of the State Environmental Policy Act
(SEPA), and
WHgREAS, the City of Federal Way considers it to be in the best interests of the community
to promote consistency with national construction standards and provide current standards for
construction within the city; and
ORD # ., PAGE 1
WHEREAS, in the interest of promotion of consistency and provisions of current construction
standards, the City of Federal Way has considered a proposed change to the FWCC relating to the
Uniform Codes to allow the use of the 2000 International Codes as an approved alternate design and
method of construction;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 5-66 of the Federal Way City Code is hereby amended as follows:
The following codes, all as amended, added to, or excepted in this chapter, together with all
amendments and additions provided in this title, are adopted and shall be applicable within the city:
(a) The following chapters of the Washington Administrative Code as presently constituted or
as may be subsequently amended:
(1) Chapter 51-30 WAC -Barrier-free facilities; and
(2) Chapter 51-11 WAC - Washington State Energy Code; and
(3) Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and
(4) Chapter 51-40 WAC - State Building Code Adoption and Amendment of the 1997
Edition of the Uniform Building Code and Uniform Building Code Standards; except Section
1003.3.3.3 which is adopted without state amendment except as the amendment applies to four
dwelling units or less; and
Co) Appendix Chapters 3, Division II and Division II; 4; 15; 31, Division II; 33; 34, Division I
of the Uniform Building Code 1997 Edition, published by the International Conference of Building
ORD # ., PAGE 2
Officials. (Ord. No. 90-33, § 7, 2-13-90; Ord. No. 92-143, § 2, 6-16-92; Ord. No. 95-'234, § 1~, 6-6-
95; Ord. No. 98-320, § 6, 9-15-98)
~ Pursuant to Section 104.2.8 of the applicable Uniform Codes, the following International
Codes, promulgated by the International Code Conference (ICC), all as amended, added to, or
excepted in this chapter, together with all amendments and additions provided .in this title, are
adopted and shall be applicable as an approved alternate design and construction method within the
ci~ except that provisions contained in the International codes pertaining to four dwelling units or
less are excluded from adoption as an approved alternate:
1_ International Building Code,
2_ International Fire Code,
3_. International Mechanical Code
4_ International Plumbing Code; and
5. International Fuel Gas Code
Projects proposed under the provisions of this paragraph must be designed and constructed in their
entirety in accordance with the International codes (I-codes) noted above. Provisions from the I-
codes may not be co-mingled with the provisions of the Uniform codes. In the event of a conflict
between the I-codes and Washington State amendments, and the Ci_ty of Federal Way amendments to
the Uniform Codes, the Washington State or Federal Way amendments shall prevail. Final
determination that a conflict exists and/or, in the event of a conflict, that the state or City of Federal
Way amendments to the Uniform codes apply, shall be made by the Building Official.
ORD # ., PAGE 3
Section 2. Ratification. Any act consistent with the authority and prior to the effective date
of this ordinance is hereby ratified and affirmed.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage, approval, and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this ,2001.
CITY OF FEDERAL WAY
day of
ATTEST:
MAYOR, MICHAEL PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, ROBERT STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\cd\ordinaX2001-Icodes
ORDINANCE NO.
ORD # , PAGE 4