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LUTC PKT 05-01-2000May 1, 2000 5:30 pm City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers 2. 3. 4. MEETING AGENDA CALL TO ORDER APPROVAL OF MINUTES of the APRIL 17, 2000, MEETING PUBLIC COMMENT (3 minutes) BUSINESS ITEMS A. SeaTac Mall Drainage Phase II Improvement Project B. Star Lake Road Drainage Improvement/Water Main Replacement 100% Design Submittal C. 2000 Transportation Modeling Contract D. Single Family Residential Density Increase FUTURE MEETING AGENDA ITEMS. SWM/CIP West Hylebos Channel Stabilization ADJOURN Action Roe/15 min Action Miller/5 min Information Perez/10 min Information Clifton/20 min Committee Members: Phil Watkins, Chair Jeanne Burbidge Dean McColgan City Staff: Stephen Clifton, Director, Community Development Services Sandy Lyle, Administrative Assistant 253.661.4116 I:~LU-TRANS~Vlay I, 2000 LUTC AGN.doc iI:: i '.'.,':.... :'.:!.. '......,. ':, .,:..::.... '::. '"' ....... .. · .... ': :¥. .::~. ,.:,... 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' '~,. :::..,.· .· ~' ' '::~:.." ; ,;.' ;:"' ;' '" 'Y · · ' . . · · MEETING SUMMARY In attendance: Committee members Phil Watkins, Chair, and Jeanne Burbidge; City Manager David Mosely; Director of Community Development Services Stephen Clifton; Public Works Director Cary Roe; Assistant City Attorney Bob Sterbank; Management Services Director Iwen Wang; Deputy Director of Public Works Ken Miller; Street Systems Manager Marwan Salloum; Building Official Mary Kate Gaviglio; Principal Planner Greg Fewins; Senior Planner Margaret Clark; Traffic Engineer Rick Perez; Project Engineer A1 Emter; Administrative Assistant Sandy Lyle. 1. CALL TO ORDER Chair Watkins called the meeting to order at 5:35 pm. 2. APPROVAL OF MINUTES The minutes of the April 3, 2000, meeting were approved as corrected. PUBLIC COMMENT Mark Clirehugh of Kidder, Matthews and Segner thanked City staff for holding the Developer's Forum on April 5, 2000. He said it was very positive and hopes that it takes place every year. Charles Connon commented on a huge cable box installed on a pole adjacent to his property. He also commented on having read about the Developer's Forum in the Federal Way Mirror. 4. COMMISSION COMMENT There was no commission comment. Future agendas and summaries will not include this item. 5. BUSINESS ITEMS South 320th Street/Pacific Highway South (SR99) Widening/Intersection Improvement Projecff100% Design Approval/Authorization to Bid - The proposed South 320th Street and SR99 Widening and Intersection Improvement Project design has been completed. Gateway improvements, Puget Sound Energy/US West underground conversions, the City's Downtown Revitalization Project, Surface Water Management Storm Drain Improvement Project WH11- CIP3, and Lakehaven Utility District water and sewer utility adjustment and pipe replacement will be constructed as part of this project. This project is on budget ($3,185,650 in estimated costs with a $3,247,121 budget). Bidding is anticipated to take place in May and awarding in June. Right of Way acquisition will be presented to the City council during Executive Session at the April 18th meeting requesting the City Manager be authorized to enter into purchase and sales agreements for the acquisition of the needed right of way and easements for this project. Construction will begin in June with an estimated completion date of June 2001. The Committee m/s/c recommendation to the City Council for approval at the May 2, 2000, meeting 23ra Avenue South (South 317th Street to south 324th Street) Road Improvements/85% Design Status Report - This project widens 23rd Avenue South to five lanes, two lanes in each direction with a two-way left turn lane, from South 317th Street to South 324th Street. The SeaTac Mall entrance will be realigned with south 322na Street (Park and Ride entrance), and signals will be installed at South 322na and at South 317th Streets. Decorative lighting and landscaping will be installed in accordance with the City Center Street Design Guidelines. Twelve-foot sidewalks with wheel chair ramps will be added to both sides of23ra Avenue South. The design phase of the 23~a Avenue south (South 317th Street to South 324th Street) Road Improvement Project is at the 85% design stage. Right of way acquisition has begun with offers being made to property owners. To reduce costs and public disruption the south 320th Street double left-turn project at 23ra Avenue South and the City Center Beautification Improvements will be constructed simultaneously. Tim Hardin asked for clarification on the relocation of the Mall entrance on 23ra to be opposite the Park and Ride entrance. Charles Connon asked about the undergrounding of utilities. The Committee m/s/c recommendation to the City Council at its May 2, 2000, meeting of approval to proceed with the final design and return to the LUTC at the 100% design completion stage for further repons and authorization to bid. Neighborhood Traffic Safety - 8th Avenue SW at SW 308th Street/Speed Humps - The Committee m/s/c recommendation to the City Council at its May 2, 2000, meeting to approve the installation of five speed humps in the vicinity of SW 308th Street and 8th Avenue SW. Tim Hardin expressed his gratitude for the work done by Rick Perez and Hazem El Assar with their traffic studies and stated that even though this is a compromise perhaps the next step will be the installation of a traffic signal to further the safety of this stretch of roadway. Building, Electrical, Public Works Inspections - The Committee was provided information on the inspection duties and other duties of the building and electrical inspectors and the public works inspectors. Eo Cluster Subdivisions - The Committee agreed to add the subject of Cluster Subdivisions to the Planning Commission/City Council Work Plan. Other topics were of a higher priority to the Committee and Cluster Subdivisions may be considered next year. Fo Planning Commission/City Council 2000 Work Plan - The 2000 Work Plan was discussed and prioritized. In addition to the Comprehensive Plan update and other projects in progress, long range work items were listed in the following order: 1) Traffic Impact Fee (TIF); 2) Annexations/Development Agreements; 3) Height Requirements; and 4) Group Homes. The Committee m/s/c recommendation to the City Council at its May 2, 2000, meeting to approve. ADJOURN The meeting adjourned at 7:15 pm. Last printed 4/27/00 1:07 PM GITY OF ~ DATE: TO: FROH: VTA: SUB3ECT: April 25, 2000 Phil Watkins, Chair Land Use/Transportation Committee Cary M. Roe, Director of Public Works ~ William Appleton, Project Engineer David H. Moseley, City Manager SeaTac Mall Detention Phase II Upper Subbasin WH10 Storm Drain Improvements Background: The above referenced project was originally scheduled to go to construction in 1999, but was delayed due to various problems associated with property acquisition. On March 2, 1998, the LUTC Committee was presented with the 85% Design Status Report, at which time it was discussed that the project was estimated to be over budget, however staff did not request a budget adjustment until the outstanding issues were better defined. The project design is now 100% complete. Phase I of the project is the already constructed improvements which begin at approximately S. 333rd Street and terminate in a large regional storm water control pond constructed on Belmor Mobile Home Park property. Phase II of the project upgrades the pipeline system conveying flows originating as far north as S. 312th Street and services approximately 237 acres of intensely developed properties in the City Center area, including Sea'lac Mall and SeaTac Plaza Phase TI of the proposed improvements will consist of replacing and up-sizing approximately 3,400 linear feet of pipe with reinforced concrete pipe ranging in size from :t2-inch to 84-inch diameter; the installation of manholes and catch basins; removal of existing pipes and drainage structures; curb, gutter and sidewalk removal and replacement; landscaping, and other work incidental to the storm drain; as well as the conversion of the large substandard storm water retention/detention facility (southeast corner of the SeaTac Mall property), to a water quality facility and removal of contaminated sediment from within the pipe alignment and detention facility. The alignment of the new pipe will extend from the regional detention pond at Belmor, north across S 324th Street, through the SeaTac Mall parking lot passing in front of Mervyn's, Tony Roma's and Red Robin, then paralleling 320th until crossing over at the entrance to the SeaTac Plaza (Key Bank/Denny's) and extending to the north boundary of that property. Also, on the north side of the S. 320thstreet crossing, a section of new storm drain will be placed under S. 320th Street that will extend to the west side of the intersection of S. 320th Street and S. 20th Street. Easement agreements with the SeaTac Mall and SeaTac Plaza are currently being negotiated but will be completed and executed prior to contract award. Copies of the draft agreements are attached. ARCO has become involved in the project as a result of finding contamination consisting of pollutants normally associated with underground storage tanks used for fueling operations. The City is working on developing and negotiating an agreement with ARCO detailing how and to what degree ARCO will participate in costs associated with the contamination within the pipe alignment. The Agreement with ARCO is currently under review by Law Department staff and will be distributed at the May ist LU"lC meeting. Prior to contract award, all the agreements will be finalized and executed. Four issues have impacted project costs, the first three were identified at the 85% design stage, while the fourth was identified in the final design. These four issues are: · Pipe realignment through the Mall Property (east and north side of the mall); · Disposal of contaminated soils in the detention facility; · Contaminated soil and groundwater within the proposed storm drain alignment; · Design alteration of the lateral storm drain extending west along S. 320th from the entrance to SeaTac Plaza and Center Plaza to the west side of 20th Avenue S. The first issue involves two-alignment modifications to the main storm drain trunk, which was requested by the owners of SeaTac Mall to facilitate construction of a large multi-story parking facility on the east side of the Mall and preservation of future building pads on the north side of the Mall. The additional cost associated with these design changes is $76,600. City staff has negotiated to pay these additional costs in an effort to obtain the necessary easements without compensation to the mall, secure an agreement with the mall to construct the project, and finally to assist the mall in facilitating redevelopment of the mall property in the future. The second issue involves the removal and disposal of contaminated soil within the existing retention/detention pond owned and operated by Sea-lac Mall. This material was deposited in the detention basin over the life of the structure from storm water collected from throughout the 237 acre subbasin including both public and private properties. The estimated cost at the 85% complete stage of design for the removal and disposal of the contaminated soil was approximately $260,000.00. At present, the easement agreement being negotiated has the Mall paying the lesser of $130,000 or 50% of the costs of disposing of this material. The third issue concerns the contamination of the subsurface soil and water in the vicinity of South 320th Street near the Mall's easternmost entrance. The contamination was discovered during the subsurface investigation activities associated with the project. Additional soil and ground water sampling was conducted along the final pipe alignment that is in the area of concern, and little to no contamination was found. At the 85% complete stage of design, the estimated cost for cleanup was approximately $380,000.00. However, more recent sampling has not shown that the contamination is as extensive as first thought, therefore costs associated with this issue are likely to be less than first estimated. The City is working with ARCO to develop an agreement detailing how and to what degree ARCO will participate in costs associated with soil and ground water contamination. :It is staff's position that ARCO should be responsible for any and all costs associated with soil or groundwater clean up. The fourth issue is the redesign of the lateral storm drain system on the north side of South 320th Street. The original design proposed utilizing an existing private storm line on the north side of South 320th which allowed storm water originating from subbasins north of South 320th Street and from 320th itself to continue to be conveyed through the SeaTac Mall's storm drain system. Upon further investigation, this approach did not adequately address existing overland sheet drainage onto South 320th Street. Tn order to "off load" these flows and pick up the overland sheet drainage, a new lateral pipe was required along the north side of 320th between the entrance to the SeaTac Plaza and the intersection of South 320th Street and 20th Street. The additional design and construction costs incurred are estimated at $14,160 and $296,000 respectively. City staff have proposed that 50% of the additional costs be borne by the Mall due to the benefit derived by off-loading their storm drainage system when the Mall redevelops their property. Although the costs associated with the lateral storm drain improvement along the north side of S. 320th Street and the costs associated with the contaminated soil cleanup (in both locations) will potentially be recovered from others, for purposes of this presentation the project budget status report includes both scenarios, i.e., additional costs not recovered and additional costs recovered: Project Element Cost Comments Project Costs Planning and Design $ 333,470 Construction Storm Drain System Realignments in Sea Tac Mall Lateral Storm Drain on S. 320th Contaminated Soils Handling/Disposal Disposal of Detention Pond Soils Lakehaven Utility Work Construction Total $ 2,768,920 $ 120,000 $ 296,000 $ 185,710 $ 260,000 $ 58,080 $ 3,620,000 Includes $68,710 for design costs Estimate includes 10% contingency. Construction Management $ 250,000 Total $4,272,180 Anticipated Recovery Costs Lateral Strom Drain on S. 320m Lakehaven Utility Work $ 148,000 $ 58,080 Disposal of Detention Pond Soils $ Contaminated Soils Handling/Disposal $ Total Recoverable Amount 130,000 185,710 521,790 Possible recovery from Mall Reimbursable costs associated with water/sewer relocations Recovery from Mall. Total cost estimated at $260,000. Design/Construction cost recovery from others. 85% -design estimate - $380,000 Appropriated Budget $3,071,630 Budget shortfall without cost recovery ($1,200,550) Budget shortfall with cost recovery ($678,760) The final engineering cost estimate for design and construction of the project is $4,272,180, funding appropriated is $3,071,630. As identified at the 85% design stage, staff has refined the project costs and is requesting that a budget adjustment be made at this time to cover the projected increased project costs of $1,200,550. ~'n conjunction with the project agreements, staff expects to recover $521,790 of the increased project costs. To cover the budget shortfall, the Staff proposes using a 20-year, Iow interest (1% per annum) loan for $2,750,000, obtained from the Washington State Public Works Trust Fund. The first repayment under the agreement of the loan shall consist of interest only at the rate of 1% per annum, calculated on a 360-day year of twelve 30-day months, applied to funds received from the Department. Tnterest will begin to accrue from the date the Department issues each warrant to the Local Government. Subsequent repayments shall consist of the priciple balance due divided by the loan term remaining plus interest on the unpaid balance of the loan. The final payment shall be of a sufficient amount to bring the loan balance to zero. Staff anticipates bidding the project in May and awarding in .lune. This schedule will allow the project to be constructed during the dry season and be substantially complete prior to the Holidays, thereby minimizing impacts to businesses in the City Center. Following approval to bid the project, staff will return directly to the City Council with a request for permission to award the project to the lowest responsible bidder. Construction will commence in late June/early July with an estimated substantial completion date in late Fall 2000. Staff will be present at the May 1, 2000 meeting to present the project. Recommendations: · Adjust the budget to cover design and construction cost increases amounting to $1,200,550. · Approve 100% design for the Sea Tac Mall Detention Phase II Upper Subbasin WIll0 Storm Drainage Improvements. · Authorize the staff to bid the project with the understanding that all necessary easements and agreements will be executed prior to bidding. · Authorize the City Manager to execute all necessary agreements to facilitate the project. WA\CMR:jg cc: Project File Day File K:\LUTC\2000\SEA TAC PHASEII 100% .doc.doc SEA TAC PLAZA EASEMENT PURCHASE AND SALE AGREEMENT This agreement ("Agreement") made this day of ,1998 between the City of Federal Way, a Washington municipal corporation ("City"), and SeaTac Plaza Corporation, a Delaware corporation ("SeaTac Plaza"). Whereas, the City intends to, in the near term, construct and maintain the SeaTac Mall Detention improvement project ("the Project"), and in the long term construct and maintain certain grid streets in the downtown City Center Core as shown in the City's adopted GMA Comprehensive Plan; and Whereas, SeaTac Plaza is the owner of certain real property located in Federal Way, Washington, legally described in Exhibit A hereto ("the Property"); and Whereas, portions of the Property are required by the City for the Project and for construction of a certain grid street shown in the City's adopted GMA Comprehensive Plan; and Whereas, the Federal Way City Council has adopted Ordinance No. 98-317, authorizing condemnation of a portion of the SeaTac Plaza property for the Project; Whereas, SeaTac Plaza wishes to redevelop a portion of its property currently devoted to surface water drainage facilities; and Whereas, the parties wish to avoid condemnation litigation and the attendant cost, delay, and uncertainty, and in consideration for the mutual agreements contained below; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Transfer of Ownership 1.1 Easement Area. SeaTac Plaza shall convey to the City at closing a permanent easement by fully executing, delivering and recording an easement in the form attached hereto as Exhibit "B" and incorporated herein by this reference ("Permanent Easement"). The Permanent Easement affects a portion of the Property (the "Easement Area") and is legally described and depicted in exhibits 1 and 2 to Exhibit "B". 1.2 Temporary Construction Easement Area. SeaTac Plaza shall convey to the City and record at closing a temporary construction easement for the construction of the Project, in the form of EXHIBIT .... attached hereto and incorporated by this reference ("Temporary Easement"). 1.33 Tract "X" Reservation and Future Dedication. SeaTac Plaza covenants and agrees to -1- PARCELS: 0050 and 0060 reserve Tract X, located along the west boundary of the Property and of Tract B of the Plat of Evergreen Plaza, as recorded at Volume 100, Page 74-75 of Plats, Records of King County, Washington, and is legally described depicted in Exhibits C and D hereto. SeaTac Plaza further covenants and agrees to dedicate Tract X to the City for right-of-way, street and utility purposes at such time as the City determines, in its sole discretion, that Tract X is needed for those purposes. A Statutory Warranty Deed, in the form attached as Exhibit E and conveying Tract X, shall be executed by all owners of Tract X (including SeaTac Plaza, its heirs, grantees, and assigns, as applicable) and shall be delivered to the City of Federal Way within fourteen (14) days of the City's demand therefor. 2. Project and Other Conditions 2.1. Agreement Not to Protest LID. SeaTac Plaza covenants and agrees to participate in, and not oppose or protest, the formation of a Limited Improvement District ("LID") pursuant to RCW 35.43 designed to construct, maintain and/or improve a road upon Tract X. The timing of any LID shall be determined by the City of Federal Way, in its sole discretion. 2.2. Use of Tract X. During the period between the date of this Agreement and the date of the conveyance of Tract X as provided herein, SeaTac Plaza covenants and agrees that it shall not install or construct any structures on or within the boundaries of Tract X, and that SeaTac Plaza shall be responsible, at its sole cost and expense, for removing any structures on or within Tract X prior to its conveyance to the City. Until such time as Tract X is conveyed as provided herein, however, nothing in this paragraph shall prohibit SeaTac Plaza from paving or using Tract X for ingress, egress, parking, or landscaping, or from maintaining any rockeries or other structures providing lateral support and existing as of the date of closing. SeaTac Plaza can maintain its project sign in its current location to the extent that the sign meets all sign code requirements and does not present a public safety problem. If SeaTac Plaza replaces or repairs the sign, to comply with Federal Way City Code requirements or otherwise, or if the City authorizes construction of a road within Tract X, SeaTac Plaza must relocate the sign to a location outside of Tract X, or to a new location within Tract X approved by the Federal Way Public Works Director. 2.3 Storm Water Drainage -- Volume. In consideration of SeaTac Plaza's agreement to grant a permanent easement as provided in Paragraph 1.1, and to reserve and agree to dedicate Tract X as provided in Paragraph 1.2, the City agrees to provide in the Project sufficient conveyance volume, and to provide sufficient storage capacity at the S336th/Kitts Regional Storage Facility. For purposes of this Paragraph, "sufficient conveyance volume" and sufficient storage capacity" mean the volume and capacity necessary to accommodate the volume of treated storTM water generated by 2- and 10- year storms, as determined by application of the HSPF method and Federal Way City Code requirements existing as of the date of this Agreement. "Sufficient conveyance volume" and sufficient storage capacity" as used herein shall account for that volume of treated storm water which would naturally drain from the Property (including Tract C of the Plat of Evergreen Plaza, Volume 100, Page 74-75 of Plats) and any other property that as of the date of the Agreement uses Tract C as a storm water detention facility, assuming that the Property, Tract C and any other property.using Tract C as a storm water detention facility were fully developed with the -2- PARCELS: 0050 and 0060 maximum allowable amount of impervious surface area. Accordingly, the City agrees that, for a period of ten (10) years from the date of this Agreement, or until the first redevelopment of the ProperW, whichever occurs first, SeaTac Plaza shall not be required, as a condition of redevelopment of the Property, including Tract C, or any other property that uses Tract C as a storm water detention faciliw, to provide any retention/detention facilities on the Property or Tract C to detain storm water generated by 2- and 10-year storms, unless otherwise required by state or federal lawl PROVIDED, however, that during and after said period the City may require SeaTac Plaza to construct any surface water retention / detention required pursuant to state or federal law, or pursuant to any City code, regulation or ordinance required to be adopted by state or federal law. Following the expiration of ten (10)years from the date of this Agreement, or following the first redevelopment of the Property, whichever occurs first, any further redevelopment shall be governed by the provisions of the Federal Way City Code then in effect. For purposes of this paragraph, "redevelopment" shall be defined as the construction or expansion of any structure on Mall Property, or the addition or replacement of impervious surface. This Agreement pertains only to the volume of storm water, as described above, which flows or drains from the Property and any other property that as of the date of this Agreement uses Tract C as a storm water detention facility, assuming the Property and other property using Tract C are fully developed with the maximum allowable amount of impervious surface area. Nothing in this paragraph shall be deemed to relieve SeaTac Plaza, its heirs, successors or assigns, or the owner of any other property from complying with all applicable Federal Way City Code water quality requirements with respect to any use, development or redevelopment of the Property, Tract C, or any other property, at any time. 2.4 Connection of Tract C to Project The City will include a manhole installation on the City's trunk line in a location suitable to receive a connection from Tract C. The City will reconnect the existing outlet pipe from Tract C into this manhole. 2.5 Tract C Detention Pond. Based on the Bush, Roed, and Hitchings Evergreen Plaza Drainage study, dated June 17, 1976, the detention pond in Tract C appears to have been designed to provide only water quantity control, not water quality control. SeaTac Plaza, its heirs, successors or assigns, and the owner(s) of any other property draining to the Tract C pond shall comply with all applicable Federal Way City Code water quality requirements with respect to any use, development or' redevelopment of the Property, Tract C, or any other property. To determine application of Federal Way City Code water quality requirements, Tract C will be treated as a separate from any other property draining to it, from Tracts A and B, or from any other lots or parcels within Short Plat No. 7912270667. Therefore, any improvements to Tract C will require a water quality facility sufficient to serve Tract C and its improvements only, unless development upon Tract C is part of an overall development or redevelopment involving adjacent parcels. 2.6 Project Traffic Control During the construction of the storm drainage improvements, at least one lane of traffic will be provided within Tract X at all times. -3- PARCELS: 0050 and 0060 3. Title 3.1 SeaTac Plaza interest to the Condition of Title. Title to the Permanent Easement shall be acceptable to the City. shall obtain the subordination of all encumbrances or defects which have a prior City and which, in the City's sole discretion, are unacceptable to the City. 4. Closing 4.1 Closing of the Transfer. This transfer shall be closed on or before September 15, 1998, after the City's notice to the SeaTac Plaza of the City's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties. 4.2 Closing Agent. This sale shall be closed by a closing agent designated by City. The City and the SeaTac Plaza shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 4.3 Closing Costs and Proration. The City shall pay all closing costs, including recording and escrow fees. Taxes for the current year and all rents, interest, utilities and other liens and charges shall be prorated as of closing. The parties shall pay those charges accruing to the date of closing on or before the date of closing. 4.4 Possession. The City shall be entitled to possession of the Property either pursuant to the terms of a possession and use agreement, or at closing, whichever occurs first. 5. Contingencies 5.1 The Contingencies. The City's obligation to accept the Permanent Easement and Tract X, or otherwise perform under this Agreement, are conditioned upon and subject to the City's satisfaction, in its sole discretion, or the City's written waiver of the following contingencies: (a) The City's determination that the soils of the Permanent Easement and/or Tract X, or structures or improvements on the Permanent Easement and/or Tract X, are free from any hazardous substances whatsoever. SeaTac Plaza shall reasonably cooperate with the City to provide such information that the City requests to the extent that such information or documents exist and are under the control of the SeaTac Plaza, and grant to the City the right to enter the Permanent Easement and/or Tract X at reasonable times upon prior notice to the SeaTac Plaza to inspect and obtain necessary samples from the same. This contingency is solely for the City's benefit and shall be determined in the exercise of the City's sole discretion; (b) Final approval of this Agreement by the City Council of Federal Way; (c) The truth and accuracy of all representations of SeaTac Plaza; -4- PARCELS: 0050 and 0060 (d) 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, affecting the use, occupancy or condition of the Property; (e) SeaTac Plaza's failure to comply with the order of any court or governmental authority or agency pertaining to the Permanent Easement or Tract X, or the use, occupancy or condition of the Permanent Easement or Tract X; (f) The pendency or threat of any litigation or proceeding relating to the Permanent Easement or Tract X; or (g) Any material change in the Permanent Easement or Tract X, or the improvements on the Permanent Easement or Tract X occurring after the execution of this Agreement. 5.2 Contingency Period. In connection with the hazardous waste contingency contained in Section 4.1(a) herein, the City has forty-five (45) days from the date of the City's receipt of SeaTac Plaza's acceptance of this offer to notify SeaTac Plaza of the City's determination; provided, however, that the City shall have the right to extend this contingency period for thirty (30) days upon notice of such extension from the City to SeaTac Plaza. In connection with all other contingencies, the City shall have until the closing date in which to notify SeaTac Plaza that it has satisfied or waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. 5.3 Expiration of Contingency Period. If SeaTac Plaza does not receive the notice required by Section 4.2 prior to the closing date, this Agreement shall terminate, at the City's election. 6. SeaTac Plaza's Representations and Warranties 6.1 Environmental Conditions. Notwithstanding the contingencies above, it is SeaTac Plaza's obligation at its sole cost and expense to comply or ensure compliance with all federal, state, foreign and local laws or administrative orders with respect to environmental conditions existing on the Property at closing including, without limitation, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Spill Compensation and Control Act, and the Environmental Cleanup Responsibility Act. Such obligation, and any liability that SeaTac Plaza may have for any breach thereof shall survive the closing. In the event the City discovers or is notified about the existence of any environmental condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act or omission occurring prior to the closing date, the result of which may require remedial action pursuant to any law or may be the basis for the assertion of any third party claims, including claims of governmental entities, the City shall promptly notify SeaTac Plaza -5- PARCELS: 0050 and 0060 and SeaTac Plaza shall, at its sole cost and expense, proceed with due diligence and in good faith to take the appropriate action and response thereto. In the event that SeaTac Plaza fails to so proceed with due diligence and good faith, the City may, at its option, proceed to take the appropriate action and shall have the rights to indemnity as set forth below. 6.2 No Material Defect. SeaTac Plaza is unaware of any material defect in the Easement Area or Tract X. 7. Indemnities 7.1 SeaTac Plaza's Indemnities Notwithstanding the City's waiver or satisfaction of any of the contingencies, SeaTac Plaza agrees to indemnify and hold harmless the City, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by the City, or asserted against the City, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of SeaTac Plaza or its predecessors in interest. This indemnity shall survive closing and be in addition to SeaTac Plaza's obligation for breach of a representation or warranty as may be set forth herein. 7.2 City's Indemnities The City agrees to indemnify and hold harmless the SeaTac Plaza, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, including without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by the SeaTac Plaza, or asserted against the SeaTac Plaza, by any other party or parties (including, without limitation, a governmental entity), arising out of the sole negligence of the City in connection with the City's work on the Project and within the Easement Area. This indemnity shall survive closing. 8. Notice Any notice made pursuant to this Agreement, must be in writing, signed by the City Manager or designee or the SeaTac Plaza and delivered to the City or the SeaTac Plaza at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 9. General Conditions 9.1 Performance. Time is of the essence to this Agreement. 9.2 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- PARCELS: 0050 and 0060 9.3 Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 9.4 Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 9.5 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. 9.6 Captions. The respective captions of the paragraphs 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. 10. Survival of Warranties. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Deed, but shall survive closing. 11. Covenants and Easements to Run With Land. The terms, covenants, easements and agreements contained within Paragraphs 1.1 and 1.2 are intended to and shall be benefits and servitudes upon the Property and shall run with the land and bind and inure to the benefit of the parties hereto, their respective heirs, personal representatives, tenants, successors, and/or assigns. This Agreement, the Permanent Easement provided for by Paragraph 1.1, and the Statutory Warranty Deed provided for by Paragraph 1.2 shall be recorded with the King County Auditor in King County, Washington. 12. Termination of Agreement The City offers to purchase the Permanent Easement on the terms and conditions set forth herein. In the event the Owner does not accept this offer on or before December 11, 1998, this offer shall expire and terminate. Dated this ~ day of ,1998. CITY: CITY OF FEDERAL WAY By: Kenneth E. Nyberg, City Manager 33530 1st Way South Federal Way, WA 98003 (253) 661-4031 APPROVED AS TO FORM: -7- PARCELS: 0050 and 0060 Londi K. Lindell, City Attorney Owner's Acceptance. SeaTac Plaza agrees to sell and transfer the Permanent Easement according to the terms and conditions in this Agreement. SeaTac Plaza acknowledges receipt of a copy of this Agreement on , 1998 signed by all parties, and acknowledges having read the terms and conditions herein. OWNER (Individuals): OWNER (Corporate): (signature) (corporation name) (typed/printed name) By: (signature) (signature) (typed/printed name) (typed/printed name) (title) (Address) (Address) ( ) ( ) (Phone) (Phone) on City's Receipt. The City acknowledges receipt of an Owner's signed copy of this Agreement ,1998. CITY OF FEDERAL WAY By: K:\S EATACLPLAZA\SEATPLAZ.AGR -8- PARCELS: 0050 and 0060 EASEMENT PURCHASE AGREEMENT This Agreement is entered into this day of ,2000, between the CITY OF FEDERAL WAY, a Washington municipal corporation ("City") and H.M.A. ENTERPRISES - SEATAC MALL, L.P., a Delaware limited partnership ("Partnership"). The City and the Partnership are collectively referred to herein as "the Parties." RECITALS A. The Partnership is the owner of property known as the Sea-Tac Mall. This property ("Mall Property") is legally described in EXItlBIT A attached hereto and incorporated herein by reference. As part of construction of the Mall, the Partnership or its predecessors installed a storm drainage line across Mall Property, and constructed a surface water detention pond. B. The storm drainage line and pond convey surface waters from the Mall Property to a stream flowing through the Belmor mobile home park located immediately to the south of the Mall Property. The storm drainage line and pond also convey surface water drainage from South 320th Street and other public rights-of-way, and from properties located to the north of S. 320th Street. C. As a result of the increase in impervious surface north of S. 320th Street, the storm drainage line and pond no longer adequately accommodate all of the runoff that flows to them. Consequently, S. 320th Street and the Mall Property regularly flood during even moderately heavy rain events. The flooding blocks access into the Mall from S. 320th Street. D. The City desires to expand the storm drainage line to accommodate increased surface flows, remove accumulated sediment from the pond, install certain water quality facilities capable of treating runoff from City-owned rights-of-way, and provide for the operation and maintenance of such facilities ("the Project"). In order to do so, the City would like to obtain temporary and permanent easements from the Partnership to construct, own, and maintain the expanded storm drainage line and water quality facilities. E. The Partnership desires to accommodate the Project, which will benefit the Mall by reducing or eliminating flooding and by cleaning the pond. At the same time, in order to allow future development of pad locations on the Mall Property, the Partnership would like the City to locate a portion of the expanded storm drainage line, and realign an existing sewer line, so that the lines run parallel to an east Mall entrance road and/or S. 320th Street rather than across pad locations on Mall Property. The Partnership further desires that, in order to allow future development of a parking or other structure immediately to the east of the Mall, the expanded storm drainage line adjacent to the current Mervyn's structure be placed in the same location as the existing storm Easement Purchase Agreement page 1 #138019 15675-3 2yhv02!.doc 4/26/2000 drainage line. The Partnership also seeks assurances that, as a result of the Project, the Partnership will have no further obligations to install or upgrade water quality improvements in connection with any future development or redevelopment of the Mall Property. F. The Partnership acknowledges that the Federal Way City Council must make the decision whether or not to proceed with the Project, and that the City Council's decision is contingent on, in part, the Partnership's willingness to accommodate the Project. Therefore, in consideration of the respective agreements set forth below and for valuable consideration, the receipt of which is acknowledged, agree as follows: AGREEMENT 1. TERMS. 1.1. City's Obligations. 1.1.1. Project Components. Should the Federal Way City Council determine to proceed with the Project, the City shall: a. Design, construct and install a new trunk line drainage pipe and other associated drainage facilities ("Conveyance System") sufficiently sized to convey surface waters generated by properties north of South 320th Street, the South 320th Street right-of-way, and that portion of the Mall Property located within the eastern drainage basin as depicted on EXHIBIT ~ hereto. As generally depicted in EXHIBIT ~ hereto, the Conveyance System shall run from the northern boundary of the Mall Property in an easterly direction parallel to S. 320th St., and then south to the detention/retention pond located near the southern boundary of the Mall Property ("Pond"). The City may abandon in place that portion of the existing drainage pipe that runs in a southeasterly direction from S. 320th Street to the northeast comer of the Mall, provided that future development above the existing pipe is not thereby impaired. The City shall pay the cost of design, construction and installation of the Conveyance System. b. Design, construct and install water quality facilities ("Water Quality Facilities") sufficiently sized to provide treatment for runoff from publicly-owned rights-of-way within the drainage basin, and from that portion of Mall property contained within the eastern drainage basin depicted on EXHIBIT __ hereto. The Water Quality Facilities shall be constructed and installed within the Pond, consistent with all City Code and other legal requirements applicable at the time of construction. The City shall pay the cost of design, construction and installation of the Water Quality Facilities. Easement Purchase Agreement page 2 #138019 15675-3 2yhvO2!.doc 4/26/2000 c. Remove and dispose of soils and sediments from the bottom of the Pond. The City shall pay the cost of such removal and disposal, except for the contribution to be paid by the Partnership as set forth in Paragraph 1.2.3.(a) below. d. Realign an existing sewer line that currently runs in a northeasterly direction from an east Mall entrance road, to a new location where it will nm directly north to S. 320th Street and then east along S. 320th Street, as generally depicted in EXHImT __ ("Relocated Sewer Line"). The City shall pay the cost of design, construction, and installation of the Relocated Sewer Line. 1.1.2. Timing. The City will construct the Conveyance System and Water Quality Facilities between ., 2000 and ., 2000. Construction may continue beyond this period, however, if necessary to allow appropriate cleanup or other resolution of any hazardous or dangerous waste, substances or groundwater on the Mall Property. 1.1.3. Ownership, Operation and Maintenance. The City shall retain ownership of the Conveyance System, Water Quality Facilities and Relocated Sewer Line, and shall be responsible for their operation and maintenance. 1.1.4. Future Water Quality Improvements. Notwithstanding any current or future provisions in the Federal Way City Code, the Federal Way Surface Water Design Manual, or any other City ordinances, the City agrees that it will not require the Partnership to construct or install additional water quality facilities of any kind in connection with any redevelopment of the Mall Property after the date of this Agreement. For purposes of this paragraph, "redevelopment" shall be defined as the construction or expansion of any structure on Mall Property, or the addition or replacement of impervious surface. 1.1.5. Detention/Retention. The City shall provide conveyance capacity in the Project and reserve in its S. 336th "Kitts Comer" regional storm water storage facility storage volume calculated according to the HSPF method and Federal Way City Code requirements in effect as of the date of this Agreement and sufficient to accommodate the treated runoff from the Mall Property during 2- and 1 O-year storms, assuming the Mall Property is developed with the maximum allowable impervious surface area. Accordingly, the City agrees that neither the Partnership nor its heirs, successors or assigns shall be required, as a condition of development or redevelopment of the Mall Property, to provide any retention/detention facilities (other than the Pond) on the Mall Property to detain storm water generated by 2- and 1 O-year storms, unless otherwise required by state or federal law. 1.2. Partnership's Obligations. 1.2.1. Permanent Utility Easement. The Partnership shall grant the City and record at closing a Permanent Utility Easement for construction, installation, operation and maintenance of the Conveyance System, Water Quality Facilities and Easement Purchase Agreement page 3 #138019 15675-3 2yhv02!.doc 4/26/2000 Relocated Sewer Line. The Permanent Utility Easement shall be in the form of EXHImT .... attached hereto and incorporated by this reference. 1.2.2. Temporary Construction Easement. The Partnership shall grant the City and record at closing a temporary construction easement, for the construction and installation of the Conveyance System, Water Quality Facilities and Relocated Sewer Line, in the form of EXHIBIT "__" attached hereto and incorporated by this reference ("Temporary Easement"). 1.2.4.(1.2.30 Financial Participation. The Partnership shall participate financially in the Project as follows: a. The Partnership shall pay the lesser of $130,000.00 or 50% of all costs incurred in removing and disposing of soils/sediments from the bottom of the Pond. The Partnership shall make payment to the City for these costs in the form of a check, which shall be provided to the City within thirty (30) days of written notice from the City of the total costs incurred. b. The Partnership shall pay the lesser of $5,000.00 per year or 50% of the annual costs incurred by the City in its operation and maintenance of the Water Quality Facilities. The Partnership shall make payment to the City for these costs in the form of check, which shall be provided to the City within thirty (30) days of written invoice from the City of the costs incurred in the previous year. 1.3. Mutual Obligations Regarding Contaminated Soils. The City and Partnership acknowledge that gasoline-product contamination emanating from the ARCO property along S. 320th Street has been found on portions of the Mall Property. The City is further aware that the Partnership has filed a lawsuit against ARCO in U.S. District Court of Seattle, Case No. C99-1678P, to obtain compensation from ARCO for such contamination. The City agrees to cooperate with the Partnership in this pending litigation. 2. TITLE 2.1. Condition of Title. Title to the Permanent Utility Easement and Temporary Construction Easement shall be acceptable to the City. Partnership shall obtain the subordination or elimination of all encumbrances or defects which have a prior interest to the City and which are unacceptable to the City. 3. CLOSING 3.1. Closing of the Sale. This sale shall be closed on or before ., 2000, after City's notice to Partnership of City's satisfaction of the contingencies set forth in Section 4.1 herein, or at another time agreed to in writing by the parties Easement Purchase Agreement page 4 #138019 15675-3 2yhvO2!.doc 4/26/2000 3.2. Closing Agent. This sale shall be closed by a closing agent designated by City. City and Parmership shall, immediately upon demand, deposit with closing agent all instruments and monies required to complete the purchase in accordance with this Agreement. 3.3. Closing Costs. City shall pay the escrow fees. Easement and agreement, or 3.4. Possession. City shall be entitled to possession of the Permanent Temporary Easement either pursuant to the terms of a possession and use at closing pursuant to this Agreement, whichever occurs first. 4. CONTINGENCIES 4.1. The Contingencies. City's obligations under this Agreement are conditioned upon and subject to City's satisfaction, in its sole discretion, or City's written waiver, of the following contingencies: a. City's determination that the soils of the Property, or structures or improvements on the Property, are in such condition that the Project is feasible. City and Partnership acknowledge that contaminated soils have been found within the property covered by the Temporary Construction and Permanent Utility Easements and in the Pond. Partnership shall reasonably cooperate with the City to provide such information that the City requests to the extent that such information or documents exist and are under the control or constructive control of the Partnership, and grant to the City the right to enter the Property at reasonable times to inspect and obtain necessary samples from the same. Final approval of this Agreement by the City Council of Federal Way; The truth and accuracy of all representations and warranties of Partnership; d. The pendency or threat of any litigation or proceeding relating to the Property other than the lawsuit referred to in Section 1.3 herein; or e. Any material change in the Property or the improvements on the Property occurring after the execution of this Agreement. 4.2. Contingency Period. In connection with the contingency contained in Section 4.1 (a) herein, City has forty-five (45) days from the date of City's receipt of Partnership's acceptance of this offer to notify Partnership of City's determination; provided, however, that City shall have the right to extend this contingency period for thirty (30) days upon notice of such extension from City to Partnership. In connection with all other contingencies, City shall have until the closing date in which to notify Partnership that it has satisfied or waived satisfaction of the contingencies or has elected to terminate this Agreement pursuant to such contingencies. Easement Purchase Agreement #138019 15675-3 2yhv02!.doc 4/26/2000 page 5 4.3. Expiration of Contingency Period. If Partnership does not receive the notice required by Section 4.2 prior to the closing date, this Agreement shall terminate, at City's election, and the earnest money shall be returned to City. 5. PARTNERSHIP'S REPRESENTATIONS AND WARRANTIES 5.2.(5.1) No Material Defect. Other than the presence of the gasoline-product contamination described in Section __ herein, Partnership is unaware of any material defect in the Property. 5.3.(5.2) Debris and Personal Property. Partnership will remove all debris and personal property, prior to closing, located on the Permanent Easement, if any, at Partnerships cost and expense. 7.(6.) NOTICE. Any notice made pursuant to this Agreement, must be in writing, signed by the city or Partnership and delivered to the City or Partnership at their respective addresses set forth below. Facsimile transmission of any signed original document shall not be the same as transmission of an original. 8.(7.) GENERAL CONDITIONS 8.1.(7.1) Performance. Time is of the essence to this Agreement. 8.2.(7.2) 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. 8.3.(7.3) Modification. No provision of this Agreement may be amended or added to except by agreement in writing signed by the parties. 8.4.(7.4) Full Force and Effect. Any provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.5.(7.5) 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. 8.6.(7.6) Captions. The respective captions of the paragraphs 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. 9.(8.) SURVIVAL OF WARRANTIES. The terms, covenants, representations and warranties contained in this Agreement shall not merge in the Permanent Utility Easement, but shall survive closing. Easement Purchase Agreement page 6 #138019 15675-3 2yhv02!.doc 4/26/2000 10.(9.) AGREEMENT TO PURCHASE. City offers to purchase the Permanent Utility and Temporary Construction Easements on the terms and conditions set forth herein. In the event Partnership does not accept this offer on or before ,2000, this offer shall expire and terminate. Dated this __ day of ., 19 CITY OF FEDERAL WAY APPROVED AS TO FORM: By. David Moseley, City Manager 33530 1st Way South Federal Way, WA 98Q03 (253) 661-4031 Londi K. Lindell, City Attorney Easement Purchase Agreement #138019 15675-3 2yhv02!.doc 4/26/2000 page 7 Partnership's Acceptance. Partnership agrees to sell the Permanent Utility Easement and Temporary Construction Easement attached hereto on the terms and conditions in this Agreement. Partnership acknowledges receipt of a copy of this Agreement on ., 2000 signed by all parties, and acknowledges having read the terms and conditions herein. This acceptance shall be null and void if the Federal Way City Council does not approve the Project in substantially the form described above. H.M.A. ENTERPRISES - SEATAC MALL, L.P. a Delaware Limited Partnership By. (Signature) (Typed/Printed Name) (Title) City's Receipt. Agreement on (Address) ( ) (Phone) City acknowledges receipt of a Partnership's signed copy of this ., 2000. CITY OF FEDERAL WAY By Easement Purchase Agreement page 8 #138019 15675-3 2yhv02!.doc 4/26/2000 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SEA TAC MALL DETENTION - PHASE II UPPER SUBBASIN WH10 STORM DRAIN IMPROVEMENTS PROJECT THIS AGREEMENT is made and entered into by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "District"). WHEREAS, the City proposes to proceed with the Sea Tac Mall Detention - Phase II Upper Subbasin WH10 Storm Drain Improvements Project (hereinafter "Project"); and WHEREAS, the District provides Water and Sewer service in the general area of the Project in accord with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in connection with storm drain improvements being undertaken by the City, the District will be required to relocate a section of 12" water main, relocate 290 feet of 10" ductile iron sanitary sewer line, replace a hydrant and restore those paved surfaces, curbs and gutters impacted by this work. Also, the District will, as necessary, resolve any waterline/utility conflicts and adjust sewer manholes within the Project area; and WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, the District can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for the District, including letting a public works construction contract for the installation of the water improvements in connection with the Project (hereinafter "District Work"), and providing construction management services in support thereof; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. DESIGN. The District shall reimburse the City for the reproducible construction drawings, special contract provisions, and other necessary documents, which shall sufficiently detail requirements for the District Work to become a part of the plans and specifications for the Project. The District agrees that the City's design contractor, Tetra Tech/KCM, shall perform design work and that the district shall reimburse the City for design costs associated with the work to be done by the District. II. BIDDING. A. It is the intention of the City and the District that the District plans and specifications shall be incorporated into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties. B. Following opening of construction bids on the Project, the District shall be furnished with the bid responses submitted for the District Work for the District's approval. Within five days of receiving the bid prices, the District shall notify the City in writing that the District either approves or rejects their portion of the bid award. Bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with the District Work until the City has received approval from the District for its portion of the bid award; provided, however: if no bids are received which, in the estimation of the District, are acceptable to the District for the District Work, the District shall so immediately notify the City. The District Work shall be deleted from the project contract and, in this event; the City shall proceed with its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's notice to the City of the District's rejection of all bids. III. CONTRACT ADMINISTRATION. A, The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all the powers and perform all the duties vested by law in him or her. The District grants to the City Public Works Director and/or his or her designee authority to act on behalf of the District sufficient to carry out the provisions of this Agreement. B. The District shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect the District Work, which changes shall be made, if feasible. The City shall notify the District, in writing, of any changes required of the District Work and shall obtain the District's approval of such changes. The District's approval shall not be unreasonably withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by the District. IV. PAYMENT. A. The District shall reimburse the City for all costs incurred by the City in performing the District Work, which costs shall include but are not limited to the District Work performed by the Project contractor(s), all District requested changes, and the District's cost of the City services described in Paragraph III (a) herein, prorated as described in Exhibit A. B. All payments shall be due from the District to the City within thirty (30) after approval by the District's Board of Commissioners of said sums billed to the District. Amounts unpaid after said due date days shall accrue interest at a rate of one (1) percent per month. Page 2 V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indenmify and hold the District, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement° B. The District agrees to indemnify and hold the City, its elected officials, officers, employees and agents 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 or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the District, its agents or employees, or by District's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This agreement shall become effective immediately upon execution by both parties. This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Following completion of the construction and City's acceptance of the Project as fully constructed according to plans, specifications and change orders, the City shall provide a Bill of Sale transferring ownership of the water mains and sewer lines and appurtenances to the District and the District shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. Page 3 E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT David H. Moseley, City Manager General Manager Date Date APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney, Londi K. Lindell General Counsel, Steven H. Pritchett Page 4 EXHIBIT "A" SEA TAC MALL DETENTION - PHASE II UPPER SUBBASIN WH10 STORM DRAIN IMPROVEMENTS PROJECT EST/MA TED DESIGN, CONSTRUCT/ON, AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING I AKEHA VEN UTILITY D/STRICT ADJUSTMENTS ESTIMATED DESIGN COST Estimated design costs for Lakehaven utility relocations (Tetra Tech/KCM) $ 5,080.00 SUBTOTAL $ 5,080.00 ESTIMATED CONSTRUCTION COSTS Mobilization Traffic Control Labor Removal of Structures and Obstructions Asphalt Pavement Patch Manhole 48" Dia Type 1 Connect to Existing Manhole Rechannel Manhole Lower Existing 12" Water Main Relocate Fire Hydrant Ductile Iron Sanitary Sewer Line Concrete Barrier Curb and Gutter Concrete sidewalk 8% Construction Cost 36 hours @ $28.00/hr. 1 @ $ 2000.00/ea. 3,300.00 1,008.00 1,500.00 4,226.00 6,400.00 1,500.00 2,100.00 8,500.00 2,000.00 2,096.00 800.00 1,120.00 SUBTOTAL Sales Tax @ 8.6% of Construction Costs SUBTOTAL Including Sales Tax Construction Contingency (per consultants estimate) Construction Management (per consultants estimate) 44,550.00 3,830.00 53,460.00 4,840.00 1,980.00 TOTAL ESTIMATED COST FOR UTILITY RELOCATIONS Including Engineering and Contingency $60,280.00 Note: Costs represented are est/mates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. K:\swm~projects\seatac\lakehaven interlocal Page 5 GITYOF~ DATE: TO: FROM: VZA: SUB.]ECT: April 25, 2000 Phil Watkins, Chair Land Use and Transportation Committee Ken Miller, Deputy Director of Public Works William Appleton, Surface Water Project Engineer ~1~ David H k~~l~nager Star La nage Tmprovement and Water Main Replacement - ::LOO% Design Submittal BACKGROUND The Federal Way Comprehensive Surface Water Management Plan indicates that an inadequate storm water conveyance system along Star Lake Road is causing flooding on City streets in the vicinity of Star Lake Road and South 272ndStreet. To eliminate this problem, it is proposed that the storm drain system running along Star Lake Road and crossing South 272® street will be improved. The design phase of the project is 100% complete and ready to advertise for bids. The storm drain improvement will require that an existing 12-inch water main be relocated in several locations along Star Lake Road. Since the water main is constructed of asbestos concrete pipe, Highline Water District has elected to replace a large section of the main with ductile iron pipe. An interlocal agreement between Highline Water District and the City of Federal Way was executed on April 29, :~999 to reimburse the city for costs associated with the water main replacement. A copy of executed intedocal agreement is provided as an attachment. The storm drainage improvement portion of the project will consist of constructingapproximately2,000 linear feet of storm drain pipeline of varying diameter (12 to 60-inch pipe), associated manholes and inlets, and approximately 1,200 linear feet of concrete curb, gutter and sidewalk replacement. The water main replacement portion of the project involves the replacement of approximately 2,300 linear feet of 12-inch water main, associated appurtenances, and service relocations replaced as part of the storm drain project. Beyond storm drain and waterline improvements, additional work includes street and property restoration and an asphalt concrete overlay of the roadway within the project limits. An agreement between the City of Federal Way and the City of Kent has been developed to address storm water discharge into the wetlands located on the north side of 272®. Upon entering into the agreement, the City of Kent will identify the wetlands on the north side of S. 272nd Street as requiring level 3 flow control at which point surface water code will require that the City of Federal Way enforce level 3 flow control within the subbasin that drains to the wetlands. Level 3 flow control is a duration and peak-matching performance standard that is intended to prevent significant increases in water surface elevations for 2-year through 100- year return frequencies. Kent will issue a construction permit for the project following the execution of this agreement. A copy of the agreement is attached. FUNDTNG Project Expenditures Planning & Design Bidding and Advertising Storm Drain Construction (includes 10% contingency) Construction Management .Cub- Total Water Main Construction (includes 10% contingency) Tota/ Project Costs Fundinq Available Surface Water Fund Highline Water District Total Fund/ng $ 79,419 $ 2,000 $ 773,000 $ 116,000 $ 970,419 $ 320,650 $1,291,069 $1,156,904 320,650 477,554 (Highline Water District) Total project costs are estimated to be $1,252,369, funding available is $1,477,554. Staff will return directly to the City Council following the bidding period and request for permission to award the project contingent upon the lowest responsive, responsible bid being within the approved budget of $1,477,544. RECOMMENDAT]ONS Place the following items on the May 16th Council agenda: · Approve 100% design for the storm drain improvements. · Authorize the City Manager to execute the agreement with City of Kent · Authorize the staff to bid the project and return directly to the City Council for award of the project contingent upon the lowest responsive, responsible bid being within the approved budget of $1,477,554. WA: kc Attachment K:\LUTC\2000\STARLAKE LUTC 100%.DOC MEMORANDUM OF UNDERSTANDING REGARDING THE STAR LAKE BASIN DRAINAGE IMPROVEMENT PROJECT This AGREEMENT ("Agreement") made and entered into this day of ,2000 between the City of Kent (hereinafter called "Kent") and the City of Federal Way (hereinafter called "Federal Way"); WHEREAS, Federal Way intends to, in the near term, construct and maintain the Star Lake Basin Drainage Improvement Project ("the Project'); and WHEREAS, the project will discharge storm water into the wetlands shown in Exhibit "A," which lie within the incorporated boundaries of Kent; and WHEREAS, the parties wish to eliminate localized flooding problems on Star Lake Road and South 272nd Street, avoid delay, and uncertainty, and in consideration for the mutual agreements contained below; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Following adoption of the King County Surface Water Design Manual by the City of Kent, the City of Kent will send written notification to the Federal Way once the Level 3 flow control designation has been assigned to the wetland; Upon receiving notification from the Kent, Federal Way will designate Level 3 flow control for the wetland receiving storm water from the Star Lake drainage system. The City of Kent will issue the City of Federal Way all necessary permits to allow for the construction of the Star Lake Drainage Improvement Project following the execution of this Memorandum of Understanding. CITY OF FEDERAL WAY ORIGINAL ,By: Its: David H. Moseley City Manager 33530 1st Way South Federal Way, WA 98003 APPROVED AS TO FORM: City Attorney, Londi K Lindell CITY OF KENT By: Its: Jim White Mayor 220 - 4~h Avenue South Kent, WA 98032 Owner's Acceptance. The City of Kent agrees to permit construction of the Star Lake Basin Drainage Improvement project according to the terms and conditions in this Agreement. The City of Kent acknowledges receipt of a copy of this Agreement on , 2000, signed by all parties, and acknowledges having read the terms and conditions herein. CITY OF KENT By: Its: Jim White Mayor 220 4~ Avenue North Kent, WA 98032 (253) 856-5200 k:\contract\2000\star lake mou with kent.doc S 272nd St Exhibit "A" S Star Lake Rd · · · LEGEND S 282nd .... --~ Ditch and Culvert System Ponds/Lakes/Dete ntio n WeUands Subbasin Boundary City Boundaries Piped Trunk System Subcatchment Name and Boundary : S 288th St N 0 50~ 1000' 2000' 1917 First Avenue Seattle, WA 98101 City of Federal Way COMPREHENSIVE SURFACE WATER FACILITY PLAN--PHASE I Figure 9-1. STAR LAKE ROAD TRUNK SYSTEM AND SUBCATCHMENT BOUNDARIES CITY OF~ DATE: April 26, 2000 TO: FROM: VIA: RE: Phil Watkins, Chair Land Use/Transportation Committee Richard A. Perez, Traffic Engineer/~ Sarady Long, Traffic Analyst David H. Mose~~nager 2000 Transportation Modeling Update Background Transportation models are used for forecasting travel demand for long term planning activities such as city comprehensive plan, corridor analyses, and alternatives analyses. The model output could be used to analyze the level of service at intersections and evaluate trip distribution for development projects. In addition, the model would also assist in growth management issues like concurrency and traffic impact fees. This modeling effort is in support of the proposed comprehensive plan update from 1999 to analyze the impacts of the proposed amendments. The future land use data will be supplied by the market demand analysis being conducted by ECO Northwest for the Community Development Department. On February 18, 2000, the City issued a Request for Proposals to update the City's existing 1995 - 2015 Transportation Model to the year 2000 - 2020. The new model will reflect the latest land use and transportation network and would incorporate land use of the adjacent cities where available. The new model would be based on the Puget Sound Regional Council's model thus ensure consistency and compatibility in future update. One proposal, from Mirai Associates, was received on March 3, 2000. The total proposed scope of work was estimated to be around $80,000, however, the total budget amount for this contract is $40,000. Staff negotiated and revised the work tasks to shift some responsibilities to Traffic Division staff in an effort to reduce the contract amount to the current proposed amount of $49,991.00. Attached is Table 1, Scope of Work, proposed by Mirai Associates. In addition to the proposed modeling work by Mirai Associates, King County Department of Transportation (via an existing contract for traffic-related services) will be conducting traffic counts at various locations throughout the City to calibrate the transportation model. This work is estimated to cost approximately $15,000.00 and will be, paid for out of the Traffic Division operating budget. Recommendation: Place the following on the May 16, 2000 Council Consent Agenda: ® Authorize City Manager to execute the 2000 Transportation Modeling Update contract with Mirai Associates in the amount of $49,991.00. RAP\SL:jg K:\LUT¢\2000\2000 modeling.wpd Table I !Principal A~imnt RSTII Sub Total Mirai RSTII Total Enginee Engineer No. TASKS Hours Dollars TASK 1: Create 200Q Existing 136 24 224[ 303 $ 18,727.24) $ 16,980.0Q $ 32,887.20 Conditions PM Peak Hour Trip I Table I Assemble and Review Land Use 4 a 30 34 $ 470.4~ $ 3,160.00 $ 3,820.40 data for Frei Way, netghlx~ng C~k~ ~1 zones;Modify zone system 2 Create 2000 Network 10 30 40 $ 1,175.00 $ 3,150.00 $ 4,325.00 3 Set up four step process 58 8 72 145 $ 8,080.80 $ 7,880.00 $ 18,829.80 including macros THp Gefl & PUM analysis 10 4 Trip Distbn. 20 4 Distribution analysis by districts 8 Modal sh~re 15 4 Peaking 14 4 Create 2000 Trip Table and do 9 0 $ ~40.80 $ $ 940.80 assi~lnment 5 Calibrate the Model 48 5 20 70 $ 8,070A0 $ 2,100.00 $ 8,170.40 TASK 2: Create 2020 PM Peak 34 8 40 92 $ 4A24.00 $ 4,200.00 $ 8,624.00 Hour Trip Table 5 Assemble and review 2020 Land 4 4 9 $ 470.40 $ 420.00 $ 990A0 Use 7 Create 2020 Network 0 0 20 20 $ - $ 2,100.00 $ 2,100.00 9 Set up model process 20 5 10 44 $ 2,777.50 $ 1,880.00 $ 4,457.60! 9 Crest 2020 PM Peak Hour Trip 10 10 $ 1,175.00 $ $ 1,176.00 Table M~ings 0 5 16 $ 940.80 $ 840.00 $ 1,790.90 Travel $ 100.00 $ t00.00 $ 200.0C Total 177 24 200 401 $ 22,092.00 $ 21,100.00 $ 43,292.0G OPTIONAL TASKS Task 3:Professional Services for 12 4 16 $ 1,411.20 $ 420.00 $ 1,831.2G consultation Task 4: Model Documentation 28 0 18 43 $ 3,292.80 $ 1,878.00 $ Total including optional tasks 40 0 19 89 $ 4,704.00 $ 1,995.00 $ 8,899.00 Grand Total $ 40,991.00 CITY OF~ Date: April 20, 2000 (253) 661-4000 FEDERAL WAY, WA 98003-6210 To: Federal Way Land Use and Transportation committee Chair: Phil Watkins, City Councilmember Via: David Moseley, City Manage~,J~~ From: Stephen Clifton, Community Development Services Director/---/~/ RE: Single Family Residential Density Increase Property generally located south of Fred Meyer, east of 21st Avenue Southwest, east/south of King County Metro Park and Ride, and south/southeast of Sagahlie Junior High. The attached map depicts an area zoned RS7.2 or 7,200 square feet per lot and containing vacant (blue) and underdeveloped (white) parcels. This land is one of the largest, most developable, vacant and underdeveloped single-family zoned areas remaining in the City. City staff want to know whether the City Council/LUTC is interested in exploring an opportunity to create more single-family units in this area by changing the zoning to RS.5 (5,000 sq. lt. lots) in exchange for developers agreeing to meet certain development standards. The thinking is that by creating more single-family housing units, we provide more opportunities for home ownership. One idea is to convene a meeting with the developers and owners of property in this subject area. The purpose of the meeting is to see if there is interest in developing the property under RS5.0 zoning (5,000 sq. lt. lots) provided developers and owners agree to develop pursuant to specific development standards contained within a developer agreement. Examples of development standards which, if met, would result in a more attractive single family community include: constructing front porches, minimizing garage facades that face the public right-of-way by providing alley or access easement fed garages, joint driveways feeding to garages set back from the front facades of homes, zero lot lines, etc. The Comprehensive Plan Housing Chapter refers to new housing being more diverse, contributing to community character and relating better to the neighborhood environment. More specifically, Housing Policy HP[6 states: "Consider reducing minimums for lot sizes to allow construction of smaller, detached single family houses on smaller lots." in addition to providing additional single-family homes, a RS5.0 zoned area would serve as a transition between lower density single-family development and higher density commercial, residential and transportation related uses. The reason we wanted to discuss this with the LUTC now is that the property owners and developers of the area referenced above are starting to submit applications on a few parcels. Additionally, there is strong interest in developing much of the larger remaining single-family tracts. Staff Recommendation: Based on the above information provided, City staff are requesting permission to contact developers and owners in the referenced area. if there is strong interest in working with the City to develop higher development standards in exchange for developing single-family homes on 5,000 sq. ft. lots, we would share the results with the LUTC. If the LUTC/City Council is interested in pursuing this further, staff and the developers/property owners will meet, and if they can come to an agreement, draft development standards would be developed, then presented to the City Council. The City Council can approve, modify, or deny the proposed standards. If the City Council approves the recommended standards, a developer agreement would be prepared for the City Council to review and possibly approve. Enc: 81/2" x 11" Map Depicting Underdeveloped and Vacant Land City of Federal Way Vacant RS7.2 Parcels, - 21st Avenue SW Corridor (East) Map Date: April 6, 2000. City of Federal Way, 33530 R rst Way S, FederaJ Way, WA 98003 (253) 661-4000. www.ci.fedend-w'~y.wa,us This map Is Intended for use as a graphlcaJ representation ONLY. The City of Federal Way makes no warranty u to Its at, racy. BN* Fred Meyer Courtyard V/I/age Saghalie Park RM2400' .RS7.2 RM2400 RSz.~ Legend: Zoning Boundary Vacant Parcels, RS7.2 zone Current Projects: Park and Ride Lot Courtyard Village (Vacant parcels west of 21 st are not shown.) Vicinity Map Scale: 1 to 6840 1 Inch equals 570 Feet 0 500 Feet MI DIVISION