HomeMy WebLinkAboutResolution No. 2021-031 A Resolution of the City of Arlington, Washington Approving a Development with Arlington 51st Street, LLC RESOLUTION NO. 2021—031
A RESOLUTION OF THE CITY OF ARLINGTON, WASHINGTON
APPROVING A DEVELOPMENT AGREEMENT WITH
ARLINGTON 51ST STREET, LLC
WHEREAS, Arlington 5111 Street, LLC ("Developer") intends to develop a Mixed-Use
project and associated improvements ("Project") on real property located at 16612 51St Avenue
NE, Arlington, Washington; and
WHEREAS, Developer requested that the City of Arlington and Developer enter into a
development agreement pursuant to the terms of Chapter 20.39 of the Arlington Municipal
Code to set forth development standards and other provisions that will govern and vest the
Project; and
WHEREAS, pursuant to RCW 36.70B.200, the Arlington City Council held a public hearing
on August 2, 2021 regarding the proposed development agreement, and, after considering all
testimony presented at the public hearing, determined that the development agreement
should be approved.
NOW, THEREFORE, the Arlington City Council resolves as follows:
1. The Development Agreement attached hereto as Exhibit A is approved and the
Mayor is authorized to sign the agreement.
2. As provided in RCW 36.70B.190, the Development Agreement shall be recorded
with the real property records of Snohomish County, Washington and shall be binding on the
parties and their successors and assigns.
ADOPTED by the City Council and APPROVED by the Mayor this 2nd day of August, 2021.
CITY OF ARLINGTON
-Lt
Barbara Tolbert, Mayor
ATTEST:
Wendy Van 14r Meersche, City Clerk
APPROVED AS TO FORM:
Ste en e, Ci y Attorney
EXHIBIT A
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
18204 59TH AVENUE NE
ARLINGTON, WA 98223
DEVELOPMENT AGREEMENT
DEVELOPER(S): Arlington 51" Street,LLC.
GRANTEE(S): City of Arlington, Washington
LEGAL (Abbrev.): THE NORTH HALF OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 31 NORTH,
RANGE 5 EAST OF THE WILLAMETTE MERIDIAN; TOGETHER WITH THE
SOUTH 14 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 31 NORTH,RANGE 5 EAST OF THE
WILLAMETTE MERIDIAN; EXCEPT THAT PORTION THEREOF LYING
WITHIN 51ST AVENUE NE; AND EXCEPT MOBILE HOME(S)
IMPROVEMENTS THEREON. SITUATE IN THE COUNTY OF SNOHOMISH,
STATE OF WASHINGTON.
ASSESSOR'S TAX#: 31052800100900
REFERENCE #: 5111 Avenue Urban Village CUP PLN#664 and The Outpost at
Smokey Point Binding Site Plan PLN #633
The parties to this agreement are the City of Arlington, a Washington municipal corporation
("City"), and Arlington 51 st Street, LLC, a Washington limited liability company
("Developer"). All references herein to Developer shall be deemed to include any successors
and/or assigns of Arlington 5 Pt Street, LLC. The parties do enter into the following
agreement to promote the development of certain real property located within the City, upon
the following terms and conditions ("Agreement").
1.0 RECITALS
1.1 Location of Property. Developer warrants that it controls certain real property located
at 16612 51 st St NE, ARLINGTON, WA 98223, being more particularly described in
Exhibit A (hereafter"the Property").
Development Agreement 1
1.2 Zoning. The Property is zoned General Commercial and located within a Mixed Use
Overlay Zone, which allows the property to be utilized proportionately for both
commercial/retail and high density residential uses.
1.3 Permanent Use. The Developer wishes to develop an urban mixed use village on the
Property that includes commercial buildings, mixed used residential buildings, residential
buildings and live work simple fee buildings, in accordance with the City's Mixed Use
Development Regulations, Chapter 20.110 AMC, Ordinance No. 2017-021, adopted on
December 28, 2017 ("Mixed Use Development Regulations").
1.4 Binding Site Plan. As part of the proposed development, the Developer has filed a
Binding Site Plan Application, filed under City File No. PLN# 633 —BSP ("the Project").
Through this application,the Developer seeks approval of a Binding Site Plan that will fix
and establish the development of the Property in a form that is consistent with the
requirements of the City. The Binding Site Plan proposes a division of the 20.03 acres into
Sixteen(16) lots (Lots 1-16), with Lots 3-4 (comprised of 2.975 acres)being developed for
144 units of mixed use development apartments, Lot 5-6 (comprised of 2.688 acres) being
developed for 144 units of mixed use development apartments and Lot 7-8 (comprised of
2.739 acres) being developed for 144 units of mixed use development apartments, Lot 1-2,
15-16 (combined 2.645 acres) proposed as a build to suit commercial building, Lots 9-10,
13-14 (combined 2.414 acres) developed for mixed use commercial buildings, Lot 11 (1.463
acres) for one 48 unit multifamily building, Lot 12 (2.821 acres) that will have a one acre
park and 16 live work simple fee units to be divided through a land use application in the
future and a total of 2.35 acres are being dedicated as public Right of Way (168th St. NE and
Smokey Point Blvd, 5Is' Street NE and 471h Street NE). Each parcel will be required to apply
for individual land use permits, but shall provide continuity in design features throughout the
development of the individual parcels. The Binding Site Plan shall be referred to herein as the
"BSP" or"Binding Site Plan."
1.5 Use of Traffic Impact Fees. Traffic Impact Fees were calculated in the amount of
$1,251,415.00 for all phases of the project. As identified in the Conditional Use Permit PLN
#634 and Binding Site Plan PLN#633, the City and the Developer, have agreed that the
following roadway improvements will be constructed as public roadway by the Developer.
The Developer is obligated to construct 3/4 street improvements for 168th St. NE, an east-west
connector street, along the entire northern boundary of the subject property, as described on
the civil plans for the project PWD #2204. The use of Traffic Impact Fees associated with the
proposed project, in an amount determined by an Engineers Estimated Cost of Construction,
provided by the developer's engineer, not to exceed $777,944.15, may be utilized for the
168th St. NE roadway construction. If the 168th St. NE roadway improvements are
constructed by adjacent development, then the Transportation Impact Fees that were to be
utilized for the 168th improvements, may be utilized for the construction of the roundabout at
the intersection of 168th St. NE and 51 St Ave. NE. The Developer is also required to construct
471h Ave. NE as a Public Roadway, with %width street improvements, along the entire
western boundary of the subject property, as described on the civil plans for the project. The
City will help to facilitate, if required, the cooperation of the land owner of parcel
31052800100700 in granting a temporary construction easement for the construction of the
Development Agreement 2
471h Ave. 1/2 street improvements required by the project. With the explicit approval of both
the Fire Marshal and the Community and Economic Development (CED) Department, the
City of Arlington may also allow the developer to defer construction of 471h Ave. until after
the completion of Phase 4. The Developer is also required to construct frontage
improvements on 515t Ave NE along the entire length of the eastern boundary of the subject
property. The frontage improvements will consist of, but not limited to, roadway widening,
curb/gutter and sidewalk, planter strip, street trees and drainage features, as described on the
civil plans for the project. The Developer is obligated to construct a roundabout at the
northeast corner of the property located at the future 1681h Ave NE and 51 St Ave NE
intersection. The Roundabout will be distinguished as the "Road Improvement"—as further
defined in Section 3.1 below. The City has agreed to allow Developer to construct the
Roundabout in lieu of paying traffic impact fees associated with the development of lots 1-
16. The Transportation Impact Fees for the entire project total$ 1,251,415.00. The
Developer wishes to enter a latecomer's agreement with the City of Arlington for
reimbursement of any deficit of funds between the traffic impact fee for the project and the
actual cost for design and construction of the roundabout, pursuant to Chapter 12.32
Arlington Municipal Code.
1.6_Use of Park Impact Fees -As a condition of the Binding Site Plan, the Developer will
construct a Sanitary Sewer Lift Station/Public Restroom Building (the "Community
Building") on lot 12 located in a 1.20 acre central park area. The central park area, and agreed
upon improvements to accommodate food trucks to operate on an ongoing basis, will be
developed during the construction of phase 1 of the project. The Community Building will
also be constructed during phase one (1) and will contain a regional lift station (Lift Station
16) and wet well that will be installed, owned and operated by the City of Arlington on a
permanent easement, as described within the Binding Site Plan for the project. The Developer
is obligated to construct the "Community Building" and the surrounding area on the south
east corner of the lot twelve (12) of the BSP per exhibit A of this agreement. The City of
Arlington is obligated to construct all items that are required for the lift station functions,
these include the wet well, lift station controls, generator, pumps, wiring and service and
anything else reasonably needed for the lift station functions. The Park Impact fee (PIF) for
lots 3 and 4, is a total of$215,568.00. Lots 3 and 4 will be credited the Park Impact Fee to be
applied to both the construction of the Community Building and the agreed upon
improvements to the central park site. The central park area is not just for the use of the
project occupants, but will be available for use by the general public as well.
1.7 Community Building—
*The permanent easement as described in the BSP Project documents includes permanent,
secured occupancy within the Community Building for the building area specifically
dedicated for lift station operations. Unfettered access to the Lift Station portion of
the Community Building shall be available to City of Arlington staff 24 hours a day,
365 days a year.
*The City of Arlington will coordinate and arrange for the installation of electric power
from Snohomish Public Utility District to serve the electric power needs of both Lift
Station 16 and the public restroom. The electric service for this building shall be in the
City of Arlington's name and the City shall be responsible for all future electric
Development Agreement 3
charges for these purposes.
*The Developer, their heirs or assignees, shall be responsible for the continued and proper
maintenance of the Community Building, including building components associated
with the building area specifically dedicated for lift station operations.
•The City of Arlington will contribute $390,568.00 towards the construction of the
Community Building and agreed upon park improvements in the form of a credit for
$175,000.00 of in-lieu utility connection fees to be applied to the lift station portion of
the building, and a credit of$215,568.00 to be applied to the public restrooms and the
agreed upon park improvements.
1.8 Use of Utility Connection fee - As a condition of the Binding site plan, the City and the
Developer, with the consent of the property owner of all the property within the BSP, have
agreed to the following:
• The developer will construct the communication, water and sewer mainlines described in
the COA South CIC Utilities Part IA project drawings, included herein as Exhibit D.
• The City is required to pursue all easements and ROW associated with these mainline
extension plans.
• The City is required to complete the South CIC Utilities Part I project by the end of
year 2021.
• The City and Developer have agreed the Developer will construct the South CIC
Utilities Part IA mainline project in lieu of paying the sewer and water connection fees
for lots 1-16 of the BSP,based on agreed to reimbursement costs and unit construction
cost provided by the developer and included as Exhibit E.
1.9 Dedication. The dedication of real property for Public Right of Way purposes (to
construct the 168th St. Road Improvements, the Roundabout and the 51St Ave. frontage
improvements) must occur, prior to, or in concert with the City Council approval of this
Development Agreement. The Developer shall provide performance security for the Road
Improvements in a form acceptable to the City per AMC 20.12 Part IX.-Security Mechanisms,
until such time as the Road Improvements are accepted by the City of Arlington. The
Roundabout improvement shall not hold up the certificate of occupancy of buildings on lots 3
or 4. The Roundabout improvement shall be completed before completion of building on Lot 5.
The dedication of permanent easement and access to the lift station building in the central park
area is identified on the BSP. This area will be a dedicated easement area that would allow use
and access for the installation and operation of the sanitary sewer lift station for the City of
Arlington.
1.10 Benefits. The City recognizes the public benefits which will occur from the permanent
development of the property as proposed by the Developer, including the Roundabout, 5 1"Ave.
frontage improvements, 47th Ave. roadway construction, the Community Building and Mainline
extension. Likewise, Developer recognizes the benefit of this agreement allowing the use of
traffic impact fees, park impact fees and connection fee credits to construct the Roundabout,
Community Building and mainline extensions in lieu of paying, all, impact fees in cash.
1.11 Consistency with Development Regulations. The City and the Developer wish to ensure
Development Agreement 4
that the Property will be developed in accordance, specifically, with the provisions of the Mixed
Use Development Regulations, the Binding Site Plan, in compliance with all applicable City
codes, plans, and development regulations, and in a manner acceptable to the City. These
include, but are not limited to, the current edition of the Arlington Comprehensive Plan
(January 2018) and the Arlington Municipal Code (AMC) specifically including,but not limited
to, Water and Sewers (Title13), Fire Regulations (Title 15), Buildings and Construction(Title
16), Zoning (Title 20) and the most current edition of the City of Arlington Construction
Standards and Specifications.
1.12 The City and Developer agree that each has entered into this Development Agreement
knowingly and voluntarily and agree to be bound by the terms and conditions of this
Development Agreement.
1.13 The City and the Developer agree that the foregoing terms and recitals are material to this
Development Agreement, and that each party has relied on the material nature of such terms
and recitals in entering this Development Agreement.
1.14 The City Council has authorized the Mayor or City Administrator to enter into this
Agreement following a public hearing held in accordance with RCW 36.70B.200.
2.0 ADOPTION OF BINDING SITE PLAN/REQUIREMENTS OF CITY CODE
2.1 The parties agree as follows regarding the conditions of approval required by AMC
20.39.060:
a. A site plan for the entire project, showing locations of sensitive areas and buffers,
required open spaces, perimeter buffers, location and range of densities for
residential development, and location and size of nonresidential development:
The parties agree to, and incorporate by reference herein, the provisions of the Binding
Site Plan(BSP).
b. The expected build-out time period for the entire project and the various phases:
The term of this agreement shall be for a period of eight(8) years from the date hereof.
The parties may extend this agreement by written agreement, provided the same is
approved by the City Council following a public hearing.
c. Project phasing and other project-specific conditions to mitigate impacts on the
environment, on public facilities and services including transportation, utilities,
drainage, police and fire protection, schools, and parks: the development of the
BSP property shall be phased by having each separate lot or parcel make application
for permits to develop. The City shall follow all requirements of the State
Environmental Policy Act(SEPA) and all applicable city and state regulations,
including the then-applicable city mitigation requirements; provided, however, the
provisions of this agreement relating to the TIF Credits and PIF Credits for the
construction of the Road Improvements, Frontage Improvements and Lift Station
Building/Public Restrooms (Section 3 of this Agreement) shall be binding and
conclusive on all parties hereto.
Development Agreement 5
d. A yearly evaluation of the project status and phasing shall be provided by the
applicant and reviewed with city staff. The Developer shall provide a written
summary of development status for all lots annually to the City.
e. All agreements shall be reviewed during each ten-year update of the
comprehensive plan to ensure every project maintains consistency with the city's
goals and policies: The parties agree that the City shall take the provisions of this
agreement into consideration when developing any update to its comprehensive plans.
f. Road and storm water design standards that shall apply to the various phases of
the project: The road and storm water design standards that shall apply to the various
phases of the project shall be those provisions of the City codes, plans, and
development regulations, including, but are not limited to, the current edition of the
Arlington Comprehensive Plan (December 2019; the City's Mixed Use Development
Regulations in effect as of the date of this ordinance; and all other provisions of the
Arlington Municipal Code (AMC) as of the date of the submission of a complete
building permit application specifically including, but not limited to, Water and
Sewers (Titlel3), Fire Regulations (Title 15), Buildings and Construction(Title 16),
Zoning (Title 20); and the most current edition of the City of Arlington Construction
Standards and Specifications effective as of the date of the submission of a complete
building permit application.
g. Bulk design and dimensional standards that shall be implemented throughout
subsequent development within the project: The parties agree that all development
shall strictly conform to the City's Mixed Use Development Regulations in effect as of
the date of this agreement. The Developer agrees that all development of Lots 1-16 of
the Binding Site Plan shall also share a commonality between the building forms and
architectural features, so that the entire development shall appear to be well planned,
designed and constructed, despite any lapse of time in the full development of the BSP
property.
It. The size and range of uses authorized for any nonresidential development within
the project: A minimum of fifty percent (50.0%) of the land included within the
Binding Site Plan may be developed for residential purposes, and the balance shall be
utilized for non-residential development permitted under the City's zoning code.
i. The minimum and maximum number of residential units for the project: The
parties agree that maximum densities will be governed and limited by development
requirements including, but not limited to, requirements for Open Space, Park/Civic
Space, Parking, dimensional requirements, and the like. Nonetheless, the parties
estimate that a minimum density of fifteen (15) dwelling units per acre shall be
achieved.
j. Any sewer and/or water comprehensive utility plans or amendments required to
be completed before development can occur: Not applicable.
k. Provisions for the applicant's surrender of an approved development agreement
before commencement of construction or cessation of development based upon
causes beyond the applicant's control or other circumstances,with the property
to develop thereafter under the base zoning in effect prior to the development
agreement approval. Should the Developer fail to construct Lots 1-16 in accordance
with the terms and conditions of the Binding Site Plan within the term of this
Development Agreement 6
agreement (8 years from the date hereof) or any extension of this Agreement, shall
expire and be of no further force or effect, and any future development shall comply
with all City development regulations then in effect.
3.0 CONSTRUCTION OF 47" AVE. NE, 1681h ST.NE, ROUNDABOUT AT 168th ST/5Ist
AVE. INTERSECTION, LIFT STATION BUILDING/PUBLIC RESTROOMS(Community
Building) AND FRONTAGE IMPROVEMENTS ALONG 51St AVE NE.
3.1 Required Road Improvements. The City and Developer agree that 51 st Avenue NE., a public
street, shall be widened and improved by the Developer at the Developer's expense upon and
across the subject property as illustrated in Exhibit B. The street shall be constructed per the
approved engineered drawings for The Outpost at Smokey Point Phase 1 (permit#PWD -2204).
The Developer recognizes that construction of the roadway shall be required to be completed on
or before issuance of a certificate of occupancy for the buildings proposed on Lot 3 and 4.
The City and Developer agree that a Roundabout at the intersection of 51 St Ave NE and the
future 168th Ave, a public roadway, shall be constructed by the developer at the Developer's
expense, within the delineated area, as illustrated in Exhibit C. The City of Arlington is
responsible to secure any additional Right Of Way required to complete the Roundabout at this
intersection from the adjacent properties, and the location of the intersection improvements shall
not impede the construction of any buildings more than shown on lot 15 of the subject BSP,
unless agreed upon by the City of Arlington and the owner of lot 15. The completion of the
Roundabout shall be completed before the certificate of occupancy for the building on Lot 6.
3.2 Use of Traffic Impact Fees for Roundabout Construction. The City and Developer hereby
agree that the development of all lots within the BSP will require the payment of Transportation
Impact Fees pursuant to AMC Chapter 20.90. The City agrees that in lieu of payment of the full
amount of Transportation Impact Fees, the developer of lots 1-16 within the BSP should receive
a credit for the cost of construction for the Roundabout, and the agreed upon amount which
would otherwise be due and payable for Transportation Impact Fees is $ 1,251,415.00, which
both parties agree is reasonable.
3.3 Cost of Construction for Roundabout at 51" Ave./168`h St. Based upon the Engineers
Estimated Cost of Construction(EECC), the estimated cost for the construction of the
Roundabout is $1,742,232.00, which amount includes both 10%mobilization and a 15%project
contingency. The difference between the cost of the traffic impact fee and the actual cost of
design and construction of the Roundabout can be recovered in a latecomer's agreement with the
City of Arlington pursuant to the Arlington Municipal Code.
3.4 Required Park Improvements. The City and Developer agree that a public restroom facility
and combined lift station building, (the Community Building) shall be constructed by the
Developer at the Developer's expense upon and across the subject property as illustrated in
Exhibit A. The Building shall be constructed per the approved Architectural drawings for the
Outpost at Smokey Point Lift Station(permit# BLD 3619). The elements of the Community
Building, shall consist of, but not be limited to, building excavation, foundation, framing, siding,
Development Agreement 7
roofing, plumbing, electrical, HVAC, insulation, drywall, restroom fixtures, lighting fixtures,
finish doors,paint, finish detail trim. Elements of the park area, shall consist of, but not be
limited to, food truck parking spaces/amenities, sidewalk, concrete paving and sub grade
features, storm drainage, pedestrian lighting, planted medians, pavement markings, signage,
street trees, landscaping, and lawn, all constructed in full compliance with city codes and the
City of Arlington Construction Standards and Specifications in effect at the time of permit
application. The Developer recognizes that construction of the Community Building shall be
required to be completed on or before issuance of a certificate of occupancy for the building
proposed on Lot 3.
3.5 Use of Park Impact Fees for Community Building The City and Developer hereby agree
that the development of all lots within the BSP will require the payment of Park impact fees per
AMC Chapter 20.90. The City agrees that in lieu of payment of the full amount of Park Impact
Fees, the Developer, should receive a credit towards the cost of construction of the Community
Building and agreed upon park improvements, and the agreed upon amount which would
otherwise be due and payable for Park Impact Fees, for Lots 3 and 4, is $ 215,568.00, which
both parties agree is reasonable. The Park Improvements shall be constructed and completed
before the Certificate of Occupancy of the building on lot 4.
3.6 Credit for Cost of Construction for Community Building. Based upon the Architect's
Estimated Cost of Construction (EECC) by The Woolsey Company dated April 24,2021,the
City agrees that the estimated cost for the construction of the Lift Station portion of the
Community Building is$730,458.75, which amount includes both 10%mobilization and a 15%
project contingency.
3.7 Required Utility Extension. The City and Developer agree sewer and water mainline
extensions will be constructed per the COA South CIC Utilities Part IA plans, shall be
constructed by the Developer at the Developer's expense upon and across the subject property as
illustrated in Exhibit B, with costs for said construction reimbursed in the form of in-lieu
connection fees as detailed in Exhibit C.
3.8 Compliance with State Law. The implementation of the provisions in this Agreement for
required Road Improvements will be done in a manner that is consistent with applicable
Washington law, including the City of Arlington impact fee ordinances.
4.0 CERTAINTY OF DEVELOPMENT AGREEMENT
4.1 Development Agreement Deemed Controlling. This Agreement, once recorded, and
any terms, conditions, maps, notes, references, or regulations which are a part of the Agreement
shall be considered enforceable elements of the Arlington Municipal Code. In the case of an
explicit conflict with any other provisions of the Arlington Municipal Code, this Agreement
shall take precedence. Unless otherwise provided by this Agreement, the City's ordinances,
resolutions, rules and regulations, and official policies governing permitted land uses, density,
design, improvement, and construction standards shall be those City ordinances, resolutions,
rules and regulations, and official policies in force at the time of the execution of this
Development Agreement 8
Agreement.
4.2 Subsequent Actions. This Agreement shall not prevent the City, in subsequent
actions applicable to the property, from applying new rules, regulations, and policies which do
not conflict with those rules, regulations, and policies applicable to the subject property at the
time of this Agreement, nor shall this Agreement prevent the City from denying or conditionally
approving any subsequent development project application on the basis of such new rules,
regulations, and policies.
4.3 Changes in the Law. In the event that state or federal laws or regulations, enacted
after this Agreement has been entered into, prevent or preclude compliance with one (1) or more
of the provisions of the Agreement, such provisions of the Agreement shall be modified or
suspended in accordance with Section 6.4 as may be necessary to comply with such state or
federal laws or regulations following modification procedures in Section 6.5 for an amendment
or cancellation.
4.4 Emergency Situations. The City may suspend the issuance of building permits for
the planned Project, if it finds that continued construction would place surrounding residents or
the immediate community, or both, in a condition dangerous to their health or safety, or both.
5.0 DISPUTE RESOLUTION
5.1 Party Consultation. In event of any dispute as to interpretation or application of the terms
or conditions of this Agreement, the Developer, the principal of the project applicant, and the
City Administrator shall meet within ten(10) business days after request from any party for the
purpose of attempting, in good faith,to resolve the dispute. The meeting may, by mutual
agreement, be continued to'a date certain in order to include other parties or persons, or to
obtain additional information. The parties agree that any meetings so held shall be privileged
as specified in RCW 7.07.030, regardless of whether a mediator is involved in the discussions.
5.2 Decision of City Administrator. In the event the parties are unable to reach agreement as
to any dispute, the City Administrator shall issue his or her written determination concerning
the disputed issues, which shall be the final decision of the City.
5.3 Judicial Appeal. Any aggrieved party may appeal the decision of the City Administrator to
the Snohomish County Superior Court, or as may otherwise be allowed by law and court rules.
6.0 GENERAL PROVISIONS
6.1 Recording- This Agreement shall, following approval by the City Council, be filed as a
matter of public record in the office of the Snohomish County Auditor and shall be in the
nature of a covenant running with the Property. It is the intent to have this Agreement, so
long as it is in force, to be considered, interpreted, and regarded as a covenant running with
the land as to Developer's Property.
6.2 Applicable Law. This Agreement shall be governed by and be interpreted in accordance
Development Agreement 9
with the laws of the State of Washington. Venue for any legal action brought hereunder shall
be in the Snohomish County Superior Court.
6.3 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successors and assigns of each party hereto. The parties acknowledge that Developer shall
have the right to assign or transfer all or any portion of the interests, rights and obligations
under this Agreement to other parties acquiring an interest or estate in the property. Consent
by the City shall not be required for any transfer or rights pursuant to this Agreement.
6.4 Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement intent
of the parties to the maximum extent allowable under law.
6.5 Modification. This agreement may be amended, modified or terminated in conformity
with the requirements of RCW 36.7013.170-.200, and other applicable laws, rules or
regulations, and upon mutual consent of the parties, which mutual consent of the parties shall
be evidenced by a written agreement therefore, signed by the parties hereto.
6.6 Merger. This Agreement represents the entire agreement of the parties with respect to the
subject matter hereof. There are no other agreements, oral or written, except as expressly set
forth herein. None of the provisions of this Agreement shall be merged by the Statutory
Warranty Deeds or dedication of the Property.
6.7 Duty of Good Faith. Each party hereto shall cooperate with the other in good faith to
achieve the objectives of this Agreement. The parties shall not unreasonably withhold
requests for information, approvals or consents provided for, or implicit, in this Agreement.
The parties shall execute any additional documentation reasonably required to carry out the
intent and obligations under this Agreement.
6.8 Disclosure upon Transfer. Developer agrees that in the event of a proposed sale, gift,
transfer, segregation, assignment or devise of the Property, Developer shall disclose the
existence of this Agreement to the interested party.
6.9 No Presumption against Drafter. This Agreement has been reviewed and revised by legal
counsel for all parties and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall apply to the interpretation or enforcement of this agreement.
6.10 Notices. All communications, notices and demands of any kind which a party under this
Agreement is required or desires to give to any other party and be either(1)delivered personally,
(2) sent by email transmission with an additional copy mailed first class, or(3) deposited in the
U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
Development Agreement 10
If to the City: City of Arlington
8204 591h Avenue NE
Arlington, WA 98223
Attn: Marc Hayes
Email:mhayes@arlingtonwa.gov
Fax:
If to the Developer: Arlington 5 1" Street, LLC
702A Metcalf Street
Sedro-Woolley, WA 98284
Attn: Paul Woodmansee
Email: Paul@bykconstruction.com
Fax: (509) 922-2251
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail,notice shall be deemed received 48 hours after deposit.Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
6.11 Term. Unless extended this Agreement shall automatically expire and the
obligations of the parties cease eight(8)years after the date of its execution,without the
need for further act or documentation. The parties acknowledge and agree that this
Agreement may be extended if necessary, to enable Developer to recoup the cost of the
Road Improvements from the traffic credits remaining on Lots 2, 3, and 4.
IN WITNESS WHEREOF, the undersigned have set their hands the day and date set
out next to their signatures.
Development Agreement 11
City(Grantee): Developer(Developer):
Arlington 5 1" Street, LLC, a Limited
Liability Company
Date:
Date:
CITY OF ARLINGTON
Date:
Mayor Barbara Tolbert
Approved as to Form:
Steven Peiffle, City Attorney
Development Agreement 12
EXHIBIT A-Boundary area of planned construction for Lift Station and Park Impact Fee Credit.
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Boundary of planned
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Development Agreement 13
Exhibit B-51st Avenue NE wideninp,and improvement area
CITY OF—INGTON
OUTPOST AT SMOKEI'POINT BINDING SITE PWV
LE NO PlN M633 �� 10
A PORTION SE 1/4 NE 1/4 AND NE 114 NE 114 OF
SECTION 28,TOWNSHIP 31 N,RANGE 5 E,WM SCALE 1-=100
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Development Agreement 14
Exhibit C-51st Avenue NE and 16SIh Street NE Roundabout construction area
aTY OF MUNMON
OOFPOST AT WOKEY POINT RINDINC SM PLAN
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A PORTION SE V4 NE 1/4 AND HE 1/4 HE 1/4 OF
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Sound Development Croup 16•LOT BINDING SITE PLAN
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Development Agreement 15
Exhibit D- COA South CIC utilities part IA plans
Development Agreement 16
Exhibit E- In Lieu Utility Connection Fee Credit Schedule
The following terms are mutually agreed to regarding the accruing and use of utility fee connection credits:
1. The developer shall receive water utility connection fee credits and sanitary sewer utility connection fee cr
following unit priced construction work associated with construction of communication,water and sewer infrastrw
Exhibit D. Credits shall be applicable for respective water connection fees and sewer connection fees for all water e
development. Agreed to water and sewer utility connection fees for this development shall be the City of Arlingtor
execution of this agreement.
2. All work shall be performed in accordance with the City of Arlington Engineering and Construction Standarc
Works Inspector. Work not meeting City of Arlington standards as determined by the Public Works Inspector shall
is completed,the City of Arlington will issue a letter of acceptance including the dollar amount of the respective uti
credits are not transferrable to any other development or other service connection outside of this development agr
3. The accounting of credits for service connection fees will be maintained by the Public Works Accountant an
connection fee credits shall expire after a term of fifteen (15)years,upon the issuance of the letter of acceptance.
4. Agreed Expenses—The following summarizes the City of Arlington Agreed to Non-Construction Expenses:
City of Arlington
Outpost at 51st Ave
Agreed to Non-Construction Expenses
Water Sewer
Item No. Description Amount($) Credit Credit
1 UTILITIES CONTRIBUTION TO COMMUNITY BUILDING $175,000.00 $87,500.00 $87,500.00
2 PURCHASE OF SURVEY DATA $11,000.00 $5,500.00 $5,500.00
TOTAL $186,000.00 $93,000.00 $93,000.00
S. Construction Expenses—The following summarizes the estimated unit priced
construction expenses for construction of communication,water and sewer infrastructure
associated with the South CIC Utilities Phase IA:
Development Agreement 17
City of Arlington
South Cascade Industrial Center Utilities-Part 1A
Construction Cost Estimate
Item No. Description Approx. Quantity Unit Unit Price 1
1 MOBILIZATION (8%) 1 LS $78,000.00
2 EROSION CONTROL AND WATER POLLUTION CONTROL 1 LS $30,000.00 ;
3 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $25,000.00 ;
4 SHORING AND TRENCH SAFETY 1 LS $25,000.00
5 DUCTILE IRON PIPE FOR WATER MAIN, 12" DIAM. 2,800 LF $110.00
6 GATE VALVE 12" 2 EA $3,000.00
7 CONNECTION TO EXISTING WATER MAIN 1 EA $5,000.00 ;
8 DUCTILE IRON PIPE FOR SAN. SEWER FORCE MAIN,8" DIAM. �' 10 LF $30.00 ;
9 DUCTILE IRON PIPE FOR SAN SEWER FORCE MAIN CASING, 12" DIAM. 18 LF $100.00 ;
10 HDPE FOR SAN.SEWER FORCE MAIN,8" DIAM. DR9(DIPS) 2,840 LF $50.00 ;
11 HDPE FOR HDD SAN. SEWER FORCE MAIN,8" DIAM. DR9 (DIPS) 850 LF $132.00 ;
12 1 IN. COMBINATION AIR/VACUUM VALVE ASSEMBLY 1 EA $3,000.00 ;
13 PVC FOR SANITARY SEWER, 10" DIAM. 270 LF $125.00
14 PVC FOR SANITARY SEWER, 12" DIAM. 15 LF $125.00
15 SANITARY SEWER MANHOLE TYPE 1,48" DIAM. 2 EA $3,000.00 ;
16 SANITARY SEWER MANHOLE INSIDE DROP CONNECTION 1 EA $3,500.00
17 SANITARY SEWER MANHOLE TYPE 1,48" DIAM.W/ENERGY DISSIPAT 1 EA $3,500.00
18 CONNECTION TO EXISTING MANHOLE 1 EA $4,000.00 i
19 (2)2" DIAM. HDPE CONDUIT FOR FIBER OPTIC 2,500 LF $10.50 ;
20 (2)2" DIAM. HDPE CONDUIT FOR FIBER OPTIC(HDD) 850 LF $86.00
21 TELECOM BOX NON-TRAFFIC BEARING FOR FIBER OPTIC 8 EA $1,225.00
22 TELECOM CONNECTION (LS12) 1 LS $2,500.00
23 HMA FOR PAVEMENT REPAIR CL. 1/2 IN. PG64-22 30 TON $250.00 ;
24 REMOVE AND REPLACE CEMENT CONC. SIDEWALK 10 SY $120.00 ;
25 REMOVE AND REPLACE CEMENT CONC. CURB&GUTTER 10 LF $80.00 ;
26 RECORD DRAWINGS 1 LS $15,000.00
Development Agreement 18
Development Agreement 19
Development Agreement 20