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
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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