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HomeMy WebLinkAbout4663 RESOLUTION NO. 4 6 6 3 A RESOLUTION OF THE CITY COUNCIL..OF THE , CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MASTER DEVELOPMENT AGREEMENT WITH ALPERT INTERNATIONAL WHEREAS, the City Council of the City of Auburn, Washington, previously entered into a Master Development Agreement with Alpert International for development of properties belonging #o the City and assistance , in development proposals for other neighboring properties in the downtown area; and WHEREAS, the initial Master Development Agreement expired and the City is in need of continuing development services or exploration senrices and , strategies for development of downtown properties belonging to the City; and WHEREAS, Alpert Intemational is interested in continuing with the activities of :the Master Development Agreement and the terms and conditions of #he Master. Development Agreement have been refined to reflect the current , needs and strategies desired by the City NOW, THEREFORE, THE CITY COUNCIL OF.THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a. Master Development Agreement with Alpert Intemational, which agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. . Resolution No. 4663 December 8, 2010 Page 1 of 2, . . . , . . Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in fuJl force and effect upon passage and signatures hereon. Dated and Signed this ~'day of CITY O N / PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP O ED F RM iel B. HeNid-,-ft Attomey Resolution No: 4663 December 8, 2010 Page 2 of 2 MASTER PLAN DEVELOPMENT AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this ¢~daY of A , 20 /v, by and between the CITY OF AUBURN, a Washington municipal corporatio _n (hereinafter "City") and Alpert International, LLLP, 10218 Richwood Avenue NW, Seattle, Washington 98177, a Nevada limited liability limited parlnership (hereinafter "Developer") (collectively, the "Parties"). gZECITALS The following recitals are a substantive part of this Agreement. A. The Auburn downtown area has been identified as a sub-area within the City of Auburn Comprehensive Plan as evidenced by the City Council's adoption of the Auburn Downtown Plan/Final EIS in May 2001. B. The City of Auburn Comprehensive Plan as evidenced by the City Council's adoption of the Auburn Downtown Plan/Final EIS in May 2001 (the "Auburn Downtown Plan") recognizes the goal of establishing a high quality pedestrian oriented downtown. C. The City Council finds that it is advantageous for the City to work with public-private partnerships in proposed projects and anticipated private development financing in the downtown area. D. In furtherance of the goals and policies of the Gity's Comprehensive Plan and the Auburn Downtown Plan, and to stixnulate economic revitalization in the downtown azea, and at the same time providing for a central gathering place and focal point for the community, and to provide a catalyst for development in the downtown azea, the City esta.blished a process to select a developer of property in the target azea, and to enter into a Master Development Agreement to develop properties in the downtown area as described herein and as depicted in Ezhibit "A" ("Downtown Area"), and to promote coordinated development within tlie City of Auburn designated urban center. E. On the 21St da.y of April, 2008, the City Council selected the Developer as the preferred development team, and approved a Letter of Intent with the Developer by City of Auburn Resolution No. 4342, calling for an exclusive negotiating period between the Parties. F. During that period, the City and the Developer worked on development guidelines and prepazed conceptual design plans and memorialized their respective duties and responsibilities to each other in an agreement dated, October 8, 2008 (the "Master Plan Development Agreement" or MPDA"). G. During the initial term of the MPDA, the :Parties each performed certain actions and responsibilities as called for in the MPDA, including as follows: - Page 1 - (1.) Development Plan Preparation and Site Description. Pursuant to input and guidance from the City, the Developer (a) prepared, and from time to time revised, a preferred design and development plan ("Conceptual Plan") for the City-owned parcels ' as described in Ezhibit "B"1 (as revised) ("City Legals"), attached hereto and incorporated by this reference, and as shown on Exhibit. "C"1 (as revised) ("City Parcel Map"), atta.ched hereto and incorporated herein by this reference; (b) consulted on and advised the City with rega.rd to the planning and completion of purchases of former non- City owned pazcels located within the . area depicted on Ezhibit "A" ("Downtown Area"); as well as (c) on the incorporation of additional parcels in the vicinity as shown on Exhibit "D" ("Outparcel Map"), attached hereto and incorporated herein by this reference; and (d) work with the City to prepaze a feasibility analysis and finance plan for the Conceptual Plan. The Conceptual Plan included uses allowed by City codes; and was deemed consistent with (1) the Auburn Comprehensive Plan and (2) the Auburn Downtown Plan/EIS (2001); and (3) Auburn City Code including but not limited to, the Downtown Urban Center (DUC) zone and Downtown Design standards and the Auburn Junction Design Guidelines (the "Guidelines"), a copy of the current version of which is attached hereto as Ezhibit "E" ("Auburn Junction Design Guidelines") and incorporated herein by this reference. Any changes or amendment by the Auburn City Council to the Aubum Junction Design Guidelines shall be done in consultation with the Developer. (2). City Infrastructure. The Parties worked in consultation with a downtown stakeholders group to determine how infrastructure needs should be addressed and incorporated into the design plans and guidelines for the Developer's Project and also negotiated in good faith to deterinine how infrastructure needs for the Project would be funded, including public/private partnerships and other mechanisms and strategies that were available; and (3). City Accomplishments. (a) The City, obtained a three million dollar Economic Development " Administration grant for downtown infrastructure improvements specifically for the South Division Street Promenade. (b) The City obtained, through the state legislature, Local Revitalization Funding for downtown infra.siructure improvements to encourage economic development. Through this program the City is remodeling and expanding the City Hall Plaza as well as constructing the South Division Street Promenade. (c) Land exchange with other downtown pmperty owner(s) in order to create the opportunity for full block redevelopment. , 1. The Parties now desire to enter into a new MPDA to a11ow for further mutual planning and development of Downtown Auburn. . ' Lots 4 and 8 as shown on the Exliibit "B" are riot currently owned by the City. Page 2 - AGREEMENT Now, therefore, in consideration of the following terms and conditions, the Parties agree as follows: 1. For the purposes hereof, including the Developer's Rights/Options to Purcha.se or Lease, as described herein below, "City. Parcels" sha11 also include parcels located within the four-block azea bounded by Main Street to the North, A Street SW to the West, Znd Street SW/SE to the South and A Street SE to ttie East, that aze subsequently purchased by the City during the term of this Agrreement or any extensiori(s) thereof, with the exception of Parcel No. 7815700085, and ma.y include other "Outpazcels" located within the area depicted in Ezhibit "D" ("Outparcel Map") that are, subsequently purchased by 'the City during the term of this Agreement or any extension(s) thereof, (collectively, the "Term") provided that "City Pazcels" sha11 not include parcels that may be purchased by the City within the identified target areas where the parcels are expresslq purchased for municipal purposes. 2. Conceptual Plan and Guideline Development. The Conceptual Plan sha11 be revised and updated by the Developer and the Auburn Mayor and designees, in consulta.tion with a downtown stakeholders group, and shall be approved pursuant to the City review process as set fortli in City codes and state statutes. The Auburn Junction Design Standards, as approved by the City, shall be used in connection with the _ development contemplated herein and the Conceptual Plan; provided that any revisions to or modifications of the approved Auburn Junction Des_ ign Standards will be done in consultation with the Developer and a downtown stakeholders group pursuant to the City review process as set forth in City codes and state statutes. 3. The Developer's Project. T'he Developer's project sha11 be an environmentally conscious jas required by the Auburn Junction Design Standards), master planned mixed use development in an urban village setting, to include a combination of retail, commercial; residential and public uses. Additionally, the project shall provide aesthetic appeal, ambience and connectiyity from the Transit Station to Main Street, mixed facades to complement historic Main Street and the neazby Transit Station and parking facility, and shall be developed in its entirety consistent with design elements and standards provided in the Auburn Junction Design Standards. Additional properties may be annexed to the project with the concurrence and participation of the owners of parcels if not owned by the Developer, and thus made subject to the applicable Standards. The project may also be developed in 1/4 block, %Z block a.nd/or other development scenarios as may be proposed by Developer and agreed to by the City for those properties owned by the City from time to time. 4. Term of Agreement and Developer's Rights/Options to Purchase City Pazcels. During the term of this Agreement, as described herein, the Developer shall ha.ve the right to purchase the City Parcels identified as Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 and 14, in Ezhibit "B" ("City Legals"), for the purchase price, lease arrangements or other alternative financial arrangements as determined below or enter into such other - Page 3 - agreements for the purchase, lease, alterna.tive financial arrangements and/ar development of said City Parcels as shall be negotiated from time to time by the Parties. The ferm of this Agreement shall be for a peri od of time ending on December 31, 2013, which right may be assigned by the Developer to one or more assignees acceptable to the City or as otherwise set forth in Section 13, below. For the purposes hereof, the City's Mayor shall be authorized to approve such assignment(s) subject to council approval. Any reference in this Agreement to the term or period of this Agreement shall be deemed to include any extended period. It is provided, however, that as an alternative to the purchase of City Parcels, the parties may negotiate and execute agreements for long-term leases of said City Parcels. 5. City Parcels Opfion to Purchase - Purchase Price. During the term of this Agreement, the Developer shall have the right to purchase the City Parcels for the purchase price determined througti the process described below. The purchase price for the City Pazcels, along with any City right-of-way that may be vacated, and rights pertaining to any City Parcels ultimately included in the Project, shall be equitably negotiated in good`faith by the parties during the term of this Agreement or any extension hereof, reflective of factors pertinent to their reasona.ble valuation as determined as of the date of the execution of this Ag"reement, and based on the value of the land only, as the Parties agree that any buildings or improvements that may exist on the property are not of value to the intended development, The Parties further agree that if they are not able to successfully negotiate an agreed purchase price, in order to ensure a fair purchase price for the City Pazcels and any other. City-owned property rights associated therewith, the City may engage an independent MAI appraiser to determine the value of the City Parcels, which valuation shall be the purchase price. If the valuation of the City's MAI appraiser is not acceptable to the Developer, the Developer may engage an independent MAI appraiser to determine the valuation. If the Developer's MAI appraiser determines a value that is within ten percent (10%) of the City's MAI appraiser's value, the lower valuation shall be used as the purchase price for the City Parcels. If the difference in valuation exceeds ten percent (10%),, tlie City's MAI appraiser and the Developer's MAI appraiser shall seleet a third MAI appraiser and the three appraisers shall determine the valuation, and that valuation shall be the purchase price for the City Parcels. Each party shall. be responsible for the costs of its appraiser, and the two parties shall shaze, equally, in the costs of the third appraiser. Alternatively, if the parties agree to pursue long-term leases of said City Parcels, including agreement on the length and terms of the leases, as an alternative to and instead of the purchase/sale of the parcels, if the parties cannot agree on the amount of lease payments, the parties shall employ a similaz strategy for determining yaluation/payrnent amounts of the leases similar to the strategy described aboue. Any other arrangements contemplated by this Agreement shall be by mutual consent of the Parties. The Parties further agree tha.t if there aze any buildings or improvements ihat would need to be xemoved from the property when purchased by the Developer, the Developer shall be responsible for their removal. -Page4- - 6. Closing. Closing on collective or individual purchase(s) of City Parcels, as agreed to by the Parties, shall occur in a manner consistent with the phasing of the Project, as set forth in the proposed development schedule, identified as Ezhibit "F" ("Development Schedule") as may be updated from time to time with the mutual consent of both parties, attached. hereto and incorporated herein by this reference. Initial . redevelopment is intended to occur in the vicinity of Main Street, near City Hall along the Promenade or across from the Transit Center. Further details of the phasing and closing processes shall be agieed upon during. the term of this Agreement. For the purposes hereof, the City's Mayor sha11 be authorized to approve/grant such extension(s) subject to council approval. Additionally, for the purposes hereof any reference to the term of this Agreement sha11 be construed to mean and shall include the initial term of the Agreement and any extensions thereof. 7. Extension of Developer's Rights to Purchase City Pazcels. The Developer's rights/options to purchase the City Parcels as defined herein above may be extended upon written approval by the City Council, by separa.te agreements, for up to one (1) year per extension based on evidence presented to the City and reasonably satisfactory to the City that Developer is making progress toward the mutual goals set forth `in this Agreement. The Developer shall perform the tasks appropriate for and consistent with the Performance Measures identified and set forth on Exhibit "G" attached hereto. 9. Reports and Communication. The Developer sha11 submit written reports to the Mayor, or designee, at the times requested by the City regazding progress towazd satisfying the terms and condidoris of this Agreement. The Developer also. sha11 provide to the City representa.tive such additional information as is reasonably requested by the City representative. Unless otherwise agreed by the City representative and the Developer representative, the Parties sha11 communicate with each other through such repiesentatives. 10. Site Environmental Assessments. The Developer at its sole cost and expense shall be entitled (but sha11 not be obligated) to conduct or cause to be conducted environmental assessments, audits and/or testing of the Site. Any such work shall be the sole responsibility of the Developer in accordance with all applicable laws and regulations, and shall be coordinated with the City to minimize disruption of existing uses and activities at the Site. Upon request of Developer, the City sha11 make available to Developer, without representation or warranty, any existing environmental reports prepared by or on behalf of the City, or otherwise in the City's possession, concerning the Site. Upon request by the City, the Developer sha11 make available to the City any written documents relating to such environmental assessments, audits and/or testing of the Site. 11. Reports and Analyses: Each Party reserves the right to request reasonable additional information and data from the other Party to a1Tow thorough review and evaluation of the Conceptual Plan, Development Agreement and Site development. Each - Page 5 - Party agrees to provide such information and data to the other Party in a timely manner, to the extent permitted by law. The City acknowledges that it may receive sensitive and proprietary information regarding the Developer's business, the release of which could cause harm to the Developer. The City sha11 keep such information and data confidential to the extent permitted by law. 12. Costs and Expenses. Except as provided otherwise by this Agreement, the Parties sha11 be responsible, for their resgective costs and expenses related to the tasks, activities, duties and obligations under this Agreement. 13. Change in Developer. The City selected the Developer based on its qualifications as an experienced and successful developer of similaz projects. No other person or entity, including but not limited to a voluntary or involuntary successor of the Developer, shall have any rights or powers under this Agreement. The Developer sha11 not assign a11 or any part of this Agreement to any person or entity without the prior written consenf of the City, which consent the City may grant or deny at its sole discretion. 14. Public Facilities. As part.of Developer's duties under this Agreement, Developer will, at City's request, assist and advise the City with the planning and potential third party funding for a cultural arts center or other public facility (collectively, the "Public Facility") to be potentially developed in conjunction with the Developer's project or elsewhere in downtown Auburn. Should such Public Facility be so planned during the Term of this Agreement and such Public Facility be funded and developed by the City and/or another public entity or entities, Developer shall be entitled to a fee equal to 1.5% of the total cost of such Public Facility. 15. Default: Failure by either party to perform any material duties of this Agreement shall constitute an event of default. The non-defaulting party shall give written notice of a default to the defaulting party, specifying the nature of the default and the action required to cure the default. If the default remains uncured for twenty-one (21) days :after the date of such notice, the non-defaulting party may exercise the'remedies set fortli in paragraph 16 hereof, and/or such remedies as aze available under the law. 16. Remedies for Default Release. Parties reserve all rights under the law, including rescission, termination, specif c performance and damages. 17. Definition of Party. For purposes of hereof, the term "Party" sha11 mean and include the officers, employees, attorneys, agents, servants, representatives, subsidiaries, affiliates, partners, ass'igns, predecessors and successors of the City and the developer, and any other persons; firms or corporations with whom said parties have been, are now or may hereafter be affiliated by contract in connection with this Agreement. 18. Engagement of Rea1ty Services. The Developer shall work with the City on engaging real estate services; including listing agreements, if such services aze deemed -Page6- necessary, advantageous or appropriate, whether such services are for the purposes of sale, lease or other development of the City's property, including bringing to the City proposals for comprehensive real estate development packages. 19. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the Parties, although it contemplates and precedes other agreements that may be negotiated and executed by and between the parties, including agreements for the purchase and development of City owned property in the ta.rget azeas described above, and other agreements for infrastructure. 20. No Development Approval. Nothing in this Agreement sha11 be construed as a grant of development rights or land use entitlements. Any such rights or entitlements sha11 be subject to the review and approval of the City, subject to applicable statutes, codes and policies, procedures and regulations. By execution of this Agreement, the City is not committing itself to or agreeing to undertake the disposition and development of the Site, or any other acts or activities requiring the subsequent.independent exercise of discretion by the City or anyagency or department thereof. 21. Hold Harmless: Third Party Rights, This Agreement is solely for the benefit of the Parties and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each Party agrees to and hereby does hold the other Party harmless from any and all claims, damages and injuries based on or arising - out of the subject matter or acts and omissions under this Agreement. 22. Notices. All notices provided for in this Agreement may be delivered in person or sent by recognized ovemight courier, facsimile, email or United Sta.tes Mail, retum receipt requested, posta.ge prepaid. If mailed by United States Mail, the notice shall be considered delivered three (3) business days after deposit in the Mail. Any notice sent by facsimile or email shall also be sent by United Sta.tes Mail or recognized overnight. courier, and shall be deemed received on the date of receipt if received before 5:00 p.m. Seattle time on a regulaz liusiness day; otherwise, it sha1T be deemed received on the next. business day. The addresses to be used in connection with_ such correspondence are as follows: Developer: City: Spencer Alpert, President Peter B. Lewis, Mayor Alpert Intemational, L;LLP Gity of Auburn 2442 NW Market Street, Ste 722 25` West 1Vlain Street Seattle, Washington 98107 Auburn, Washington 98001 With a concurrent copy to: With a concurrent copy to: John Charles 1VIcCullough Jr. Daniel B. Heid, City Attorney McCullough Hill PS City of Auburn 701 Sth Avenue, Suite 7220 25 West Main Street Seattle, Washington 98104-7097 Auburn, Washington 98001 - Page 7 - With a concurrent copy to: Jeff Smyth Smyth & Mason PLLC 701 Fifth Avenue, Suite 7100 Seattle, Washington 98104 23. Termination. During the first year of this Agreement, each party sha11 have the right to terminate this Agreement for default pursuant to Section 15 hereof. After the first year of this Agreement, each party sha11 have the right, regardless of cause, fault or default, to terminate this Agreement upon thirty (30) days advance written notice to the other party. 24. City Council Approval. The Parties acknowledge that this Agreement does not bind the City of Auburn until the Agreement is approved by the City Council and exeeuted by the Mayor. IN WITNESS WHERBOF, the parties have caused this Agreement to be executed by their authorized representatives on the date first above written. Alpert International, LLLP rITY!OF By: The Alpert Group Inc. ~ Its: General Partner - By Pe er B. Lewis; Mayor Spencer A1 rt, President Attest: • 1 ~ Daruelle Daskam, City Clerk Appro ed t orm: D'el B. Hei ; rty ttome - Page 8 - EXHIBITS Exhibit'"A" - Downtown area Exhibit "B" - Gity Legals Exhibit "C" - City Parcel Map Exhibit "D" - Outparcel Map Exhibit "E" - Auburn Junction Design Guidelines Exhibit "F" - Development Schedule Exhibit - Performance Measures _ -Page9- ~ EXHIBIT A , -.wiuaiN-sr-- ' ~ -r-- -E'A4AIM5T- ~ I I ~ m 1 I i , t i 1 i , ~ i m ~ ~ ~ ~ ~ _ - -2No sr sw 2PID ST SE-_-'_ ' I 0 95 Feet d d City Owned Parcels . , - Page 10 - EXHIBIT B Lot # 1- 7815700240 Lots 3 and 4, Block 5, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King Gounty, Washington, subject to: Covenants, Conditions, Restrictions and Easements contained in the Lot Line Adjustment recorded January 17, 2006; under Recording Number 20060117002764; Agreement and the Terms and Conditions thereof regarding the Common Wa11 recorded October 1, 1947, under Recording Number.3729624; records of King County Washington. [12 1" Street S W, Auburn, WA 98002] Lot # 2 - 7815700225 Lots 1 ancl 2, Block 5, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington; together with that portion of the vacated alley adjacent thereto as per City of Auburn Ordinance Number 5842, recorded under King County Recording Number 20040708002028. Subject to: The Easement and the Terms and Conditions therein reserved by the City of Auburn affecting a portion of said premises within the vacated alley for utilities, recorded July 8, 2004, under Recording Number 20040708002028; the Agreement and the Terms and - Conditions therein regarding the riglit to erect pilasters, recorded October l, 1947, under Recording Number 3729624. [101 S. Division Street, Aubum, WA 98002] Lot # 3 - 7815700250 That portion of the Northeast quarter of the Southeast quarter of Section 13, Township 21 North, Range 4 East, WM, in King County Washington, being more particularly described as follows: Lots 5, 6 and the North half of Lots 7 and 8, Block 5, Town of Slaughter, according to the plat thereof recorded in. Volume 2 of Plats, page 56, records of King County, Washington, Except that portion of said Lot 5 conveyed to the City of Auburn under Recording Number 20010508002955, [That portion of Lot 5, Black 5, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, records of King County, Washington, described as follows: Beginning at the southwest corner o, f said Lot 5, Thence north along the West margin of said.Lot. S, a distance of 10 feet, Thence southeasterly to the south margin of said Lot S, Thence west along the south margin of said Lot S, d distance of 10 feet to the point of beginning and containing SO square feetJ Together with the South half of the vacated a11ey way abutting Lots 5, 6, 7 and 8, of said Block 5, . as vacated under Ordinance No 5842 and recorded under. Recording Number 20040708002028; And Together With the North Ha1f of the vacated alley way abutting Lots 3 and 4, of said Block 5, as vacated under Ordinariee Number 5842 and recorded under Recording Number 20040708002028, All Situate iri tlie County of King, Sta.te of Washington. - Page 11 - Lot # 4 - 7815700265 That portion of the Northeast quarter of the Southeast quarter of Section 13, Township 21 North, Range 4 East, WM, in King County Washington, being more particularly described as follows: The South half of Lots 7 and 8, Block 5, Town of Slaughter, according to the plat thereof recorded in. Volume 2 of Plats, page 56, records of King County, Washington: [121 S. Division Street, Auburn, WA 98002] Lot # 5 - 7815700295 Lot 4, Block 6; Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [2 1 St Street SE, Auburn, WA 98002] Lot # 6 - 7815700290 Lot 3, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 7 - 7815700285 T'hose Portions of Lots 1 and 2, Block 6, Town of Slaugtiter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington, lying Westerly of a line described as follows: Beginning at a point on the North line of said Lot 1 lying 62.5 feet Easterly of the Northwest Corner of said Lot 2;` Thence South 00°00'22" West 29.5 feet; Thence South 89°56'S3" West 19 feet; Thence South 00°00'22" West 75.69 feet; Thence South 89°56' 19" West 43.52 feet to the West line of said Lot 2; Thence . Southerly along said West line 15 feet to the Southwest corner of said Lot 2, being the terminus of said, line, also known as Lot A of City of Aubum Lot Line Adjustment No 0003-95, recorded under King County Recording No 9502160960. Lot # 8 - 7815700280 Those Portions of Lots 1 and 2, Block 6, Town of Slaughter, according, to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington, described as follows: Beginning at a point on the North line of said Lot 1 lying 62.5 feet Easterly of the Northwest Corner of said Lot 2; Thence South 00°UO'22" West 29.5 feet; Thence South 89°56'S3" West 19 feet; Thence South 00°00'22" West 75.69 feet; Thence South 89°56' 19" West 43.52 feet to the West line of said Lot 2; Thence Southerly along said West line 15 feet to the Southwest corner of said Lot 2; T'hence Easterly along the South line of said Lots 120 feet to the Southeast corner of said Lot I; Thence Northerly along the East line thereof to the Northeast corner thereof; Thence Westerly to the Point of Beginning, also known as Lot B of City of Aubutn Lot Line Adjustment No 0003-95, recorded under King County Recording No 9502160960. [101 Aubum Way S., Auburn, WA 98002] Lot # 9 - 7815700300 Lot 5, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [122 S. Division Street] - Page 12 - Lot # 10 - 7815700305 Lot 6, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 11- 7815700310 ` . Lot 7, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 12 - 7815700325 The North 29.80 feet of Lot 8 North 60 Feet of Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [115 "A" Street SE, Auburn, WA °98001 ] Lot # 13 - 7815700326 The South 30.2 feet of the North 60 feet of Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [117 "A" Street SE, Auburn, WA 98001] Lot # 14 - 7815700327 Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington, Except the North 60 feet thereof. - Page 13 - Exhibit C 1 st St. SW 1 st St. SE #1 ~ #2 j #5 #6 #7 1#8 ~ i i ; ~ 4 ~ 3 2 i~ 1 4 32 i `l W ~ U) # 3 sio ~A C Blflc~: 6 . # g # 1a # 11 # 12 ~ #13 ; 4 p # 14 5 j 6 7 i a ~ 6 7 0 ; 2nd St. SW 2nd St. SE I F Aubum ~ Icrt # - tax parcel number # 1 - 7815700240 # 8 - 7815700280 # 2- 781 v700225 # 9- 7815700300 ~ E # 3 - 7815700250 # 10 - 7815700305 # 4- 7815700265 # 11 - 7815700310 ~ # 5 - 7815700295 # 12 - 7815700325 # 6 - 78157Q0290 # 13 - 7815700326 # 7 - 78157002.85 # 14 - 7815700327 - Page 14 - ~ ~ O -LJ -o sT-sw- 4 _ . -~-p 5T-NW- N ~ . y N L't - . ~ MS ~f g • + i -e;sT sw-;'--e srNw----11 ~ --i--aST<SW -A'STNW~ " I ~ .F. . tn . ~ . . , ~ _ • N 1 . . I x 1 I ~ ~ ~ . . , ~ ~ ►b $ 0IVLSION'ST N OIVISI~N ST ~ U I ~ ~ I T ~ -a si sF (r ~ r 2t/ i ' z r ~ ~ r _gN'158- r' ~ rr I ~ rl . . I . ~1' ' ` . ' . . - . Z_ I AUBURf+I VAY 5 AUBU,RN'W04Y N-i x o T ~ ( T I ~ ~ Exhibit "E" ' Auburn Junction Design Guidelines Approved 9-3-08 THE FOLLOWING STANDARDS SHALL ACT AS AN OVERLAY DISTRICT TO TBE EXISTING DOWNTOWN URBAN CENTER DESIGN GUIDELINES APPLYING ONLY TO THE FOUR BLOCK AREA OF THEAUBURNJUNCTIONPROJECT AS WELL AS ADJACENT SECTIONS IN PUBLIC RIGHT OF WAY INCLUDING THE OPPOSITE SIDES OF ALL PERIlVIETER STREETS, AS DEPICTED IN THE BELOW DRAWING. SHOULD ADDITIONAL AREAS BE ANNEXED INTO TI-IEAUBURNJUNCTIONPROJECT PER CITY RESOLUTION, TI-EN THESE GUIDELINES WOULD APPLY TO SUCH AREAS. NOTE THAT THE AUBURN JUNCTION DESIGN GUIDELINES TAKE PRECEDENCE OVER THE DOWNTOWN URBAN CENTER DESIGN GUIDELINES. ;';sCw.,.~„MFw:. ~ ~ ~ tj ' ~Z 3 ~~~a~ f#C~'' ~e...1 -J.:---'rT9~ ~ .'.;,'S s, 4' y ' T~ +~tt . 4 y~ I ~ . ~ ~.~~p~~~ ~ : ~ O y~ ~jf~~y,~[ys 4Y ~ y' ..7'. 4 ~ ju ~ ~tk ~ ..F ~ 33~ ~y ~r `~"3" 'tt r_t , ° r"`€ a ~ . t aa , .g^~ . . , , ~ . • ~ , .G~ ; ~'ar ,pJ n;- / S . ' 1 Y~ l-v. N I 'f' L~1 • , v ~~r i-t ; 7`° ~ ~x} .~c . aa ✓ ~ - ---"4 y Y. : ~poye r~ „ A,~.~,n~'i-. ~ i:~ .'f 5i"''• 4 `:l - .P ~ ).t .i`rS,~ _ ~ r •.~I. I ~ ,4 -~-1 . ~ ~ . . 1 _ ~ 1'^ . 1 } ' t" # ~ r t~, ~Y' Y"~, S I J p ~ ` . y~ ; . . . ' ~ t• ~ j t z ~ . t . • , i 4 ...c ' r. , . , p .r . ~ ~ , ~ . . . ,a! - ' . . . . . . . . _ . . - Page 16 - TABLE OF CONTENTS I. Definitions/Architectaral Terms H. Project Goals M. Design Guidelines - Page 17 I. DEFINITIONS/ARCHITECTURAL TERMS These words shall have the following meanings for the purposes of these guide,lines: a. Articulation - in art and architecture, is first of all a joint. Expanding from that definition, articulation is also a method of styling the joints in the formal elements of architectural design. Through degees of articulation, each part is united with the whole work by means of a joint in such a way that the joined parts are put together in styles ranging from exceptionally distinct jointing to the opposite of high articulation-fluidity and continuity of joining. In highly articulated works, each part is defined precisely and. stands out cleazly. The articulation of a building reveals how the parts fit into the whole by emphasizing each part separately. b. Canopy - means a cover over a sidewalk providing protection from the rain, which is constructed of durable, permanent materials. c. Cornice - upper seetion of an entablature, a projecting shelf along the top of a wall often supported by brackets. d. Director - means the director of the Auburn department of planning, building and community. e. Green roof - means a roof designed with principles of environmental sustainability, involving the use of vegetation and storm water collection and cleaning. It may or may not be accessible. f. Neatraditional - Design concept that promotes a more livable and alive community for residents; more sustainable since it preserves Iand by encouraging more compact development and reduces air pollution and carbon dioxide emissions by creating new opporiunities to walk and bike rather than using a car; and mixed-use with a combination of commercial and residential development. g. Parking, structured - means parking conta.ined within an enclosed building either part of or designed to appear. . like it is part of the larger building complex, or a freestanding structure devoted exclusively to above-grade parking. h. Plinth - a block used as the base of a.column or other upright support. i. Public art - means any form of painting, mural, mosaic, sculpture, or other work of art, so long as it can be appraised as a work of art and its value as such documented, displayed on the elcterior of a building, at or near the pedestrian entrance, or on _ a.public plaza, and visible to users of the public right-of-way at all times. j. Public plaza - means an open space that is visible and accessible to the public at all times, predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building. . - Page 18 - k. Street level retail - means uses providing goods and services, including food and drink, adjacent to, visible from, and directly accessible from the public sidewalk. - Page 19 - II. PROJECT GOALS 1. To provide visual appeal and enhance the pedestrian environment, trees an,d other vegetation will be introduced along the sidewalks and/or street medians on all streets throughout Auburn Junction as well as streets on the oppo.site sides of all perimeter streets consistent with the Downtown Sidewalk Standazds. 2. To work with Sound Transit to redevelop the Transit Station plaza. into a park facility and incorporate "green" features. Altering bus traffic will need to be discussed with the appropriate agencies and most likely will not take place until the 2°d parking gazage is constructed on the west side of the BNSF tracks. 3. To apply goals and intent statements specified in the United States Green Building Council's Neighborhood Development (ND) Pilot Program (not yet officially adopted).. Goals within the Leadership in Energy and Environmental Design (LEED) ND program applicable to Auburn Junction including the following: A. Bicvcle Network: To promote bicycling and transportation efficiency by providing bicycle parking spaces, storage capacity, and access to bicycle lanes. B. Housing and Jobs Proximitv: Encourage balanced communities with a diversity of uses and employment opportunities by including both residential and non-residential into the project. C. Compact Development: Conserve land. Promote livability, transportation efficiency, and walkability through more dense development. D. Diversity of Housing Iypes; Attract a demographic mix to the Auburn Junction project and community through a range of housing options. E. Reduced Parking Footprint: Design parking to increase the pedestrian orientation of projects, , minimize the adverse environmental effects of pazking facilities and encourage other modes of transportation, such as bicycles. F. Walkable Streets: Provide appealing and comfortable pedestrian street environments in order to promote pedestrian activity. Promote public health through increased physical activity. G. Transportation Demand Management: Reduce energy consumption and pollution from motor vehicles by encouraging use of public transit and other modes of transportation. , H. Access to Surrounding Vicinitv: Provide direct and safe connections, for pedestrians and bicyclists as well as drivers, to local destinations and neighborhood centers. Promote public health by facilitating walking and :bicycling. I. Access to Public Spaces: To provide a variety of open spaces close to work and home to encourage walking, physica.l activity and time spent outdoors. The goal is to have a park or green plaza within a'/< mile of the Auburn Junction project. -Page20- J. Access to Active Spaces: To provide a variety of open, spaces close to work and home to encourage walking, physical activity and time spent outdoors. The goal is to have linkages through and beyond Auburn Junction connecting to existing and future facilities such as the Interurban Trail, C Street SW Trail, and F Stieet underpass. K. Universal Accessibility and Diversitv: Enable the widest spectrum of people, regazdless of age or ability, to more easily participate in their community life by increasing the proportion of areas that are usable by people of diverse abilities. The goal is to have a mixed demographic in the Auburn Junction developmentto create a vibrant downtown. L. Communitv-0utreachand Involvement: Encourage community participation in the project design and planning and involve the people who live in a community in deciding how it should be improved or how it should change over time. M. Construction Activity Pollution Prevention: Reduce pollution from construction activities by controlling soil erosion, waterway sedimentation, contamination of ground water, and airborne ' dust generation. N. Energy EfficiencY in Buildings: Encourage the design and construction of energy efficient buildings to reduce air, water, and land pollution and environmental impacts from energy production and consumption. 0. Reduced Water Use: Minimize water use in buildings and reduce landscape irrigation that would impact natural water resources and burden municipal water supply and wastewater systems. P. Contaminant Reduction in Brownfields Remediation: Encourage brownfields cleanup and redevelopment that reduce contaminant volume or toxicity and thereby minimize long-term remediation or monitoring burdens, while redeveloping to a better use. Q. Stormwater Management: Reduce adverse impacts on water resources by mimicking the natural hydrology of the region on the project site, including groundwater recharge. Reduce pollutant loadings from stormwater discharges, reduce peak flow rates to minimize stream channel erosion, and maintain or restore chemical, physical, and biological integrity of downstream waterways. R. Heat Island Reduction: Reduce heat islands to minimize impact on microclimate and human and wildlife habitax. S. On-Site Energy Generation: Reduce air, water, and land pollution from energy consumption and production by increasing the efficiency of the power delivery system. T. On-Site Renewable Energy Sources: Encourage on-site renewable energy self-supply in order to reduce environmental and economic impacts associated with fossil fuel energy use. U. District Heating & Coolingc Reduce air, water, and land pollution resulting from energy consumption in buildings by employing energy efficient district technologies. V. Infrastructure Energy Efficiencv: Reduce air, water, and land pollution from energy consumption. W. Wastewater Management: Reduce pollution from wastewater and encourage water reuse. - Page 21 - X. Recycled Content in Infrastructure: Use recycled materials to reduce the environmental impact of extraction and processing of virgin materials. Y. Construction Waste Mana e~ ment: Divert construction and demolition debris from disposal in landfills and incinerators. Redirect recyclable recovered resources back to the manufacturing process. Redirect reusable materials to appropriate sites. Z. Comprehensive Waste Mana e~ ment: Reduce the waste hauled to and disposed in landfills. Promote proper disposal of offce and household hazardous waste streams. Strongly encourage recycling. AA. Light Pollution Reduction: Minimize light trespass from the, site, reduce sky-glow to . increase night sky access; improve nighttime visibility thrqugh glare reduction, and reduce development impact on nocturnal envirorunents. BB. LEED Accredited Professional: Include as part of the development team to support and encourage the planning and design integration required by a LEED for Neighborhood Development green neighborhood project and to streamline the application and certification process. - Page 22 - CfUIDELLVEanAFFLIC'AB-r E TO A Ua URN.TT_TNOTIaN C+~raetua Desagn ~ M. DESIGN GUIDELINES Introduction As stated in the Auburn Comprehensive Plan, Auburn Downtown Plan, and Auburn City Code, the Auburn Junction Design Guidelines are meant "to encourage development which enhances the human, pedestrian scale, creating a sense of community and place." The following guidelines promote development which is consistent with the goals identified in the Comprehensive Plan and Auburn Downtown Plan. 1. Buildings shall be built to at least a LEED Silver rating or meet a substantially equivalent standard, and shall demonstrate compliance. with that commitment. 2. The applicant shall make a commitment acceptable to the Planning, Building and Community Director that the proposed development will meet Living Building Challenge standards or the equivalent, or otherwise demoristrate to the satisfaction of the Director that the development will complyto the extentfeasible. Applicant shall further demonstrate compliance with that commitment. 3. In order to provide visual and pedestrian connectivity between the Transit Center " parking garage and,the SW corner, of Main Street and Aubum Avenue, a pedestrian "trail" will be incorporated as follows: a. .Along ls` Street between A Street S.W. and S. Division Street; and b: Continuing between the II rl..~.-• . intersection of 1 St Street and S. . Division Street to the SW comer t. of Main Street and Auburn •Avenue. -,1 c. T'he pedestrian trail may include a "string of peazls" (i.e. a series of pocket parks). d. Creative patterns, vegetation; ~ ~,.,..,r. r.~ attention to detail, wrougfit iron , a with brick accents. ~~~~8~. ✓ ~ . . h{•'~}~'~ r,3'' N''y a;y'9 , Ptj. ,'•;s, c, - Page 23 - 7I 4. Projects shall provide aesthetic appeal, - - acnbience and connectivity to Main Street, _ mixed facades to complement hisEoric Main. Street, the nearby Transit Station and parking ~ facility. Materials such as masonry and brick : . should be a dominant feature. No corrugated c r-• ' ` ° metal. Black framed windows and black wrought iron balconies are preferred. = r . . . . . . . . . ' "~^~°4`•.K . 5. Three (3) plazas shall be incorpora.ted at the intersection of Main Street and Division, 1$` Street and S. Division, and 2"d Street and Division, which shall contain an iconic feature such as public art. In the event a sculpture or other such artistic features are included, then the applicant shall seek approval from the City's Arts Commission. 6. Parking for residences shall be contained within the development at the ratio required by ACC 18.29.060. There shall be no onsite pazking required for uses other than residential; however, adequate pazking in public rights-of-way and offsite public facilities (including the Transit Center parking facility for evenings and weekends) shall be demonstrated. Contributions to a parking structure in the urban center shall be required of development within the Auburn Junction project to the extent necessary to fulfill the requirements of this section. 7. Themed Auburn Junction signs will be required in key locations throughout the development including Auburn Junction or powntown Auburnstreet signs. A master signage plan shall be submitted that includes a color palette for monuments signs and size dimensions in accordance with the ACC Section 18.29,060(I). 8. An access easement to rooftop5 shall be provided to the City which will allow the installation of devices for wireless coverage and maintenance of those devices. The applicant shall also provide access to power on rooftops to be used for City wireless facilities. The pazameters of the access easement and location of devices shall be approved by the City. Any cabling and/or power needs to be secured so the facilities are not damaged by other activity on the roof. 9. Loading zones shall be incorporated into the project and locations approved by the City. 10. It is encouraged that rooftop gardens be incorporated into the project and the space be available to residents. Consideration of the wireless facilities to be located on rooftops shall be incorporated into any landscape design of a rooftop garden. 11. Store front heights at the first floor of structures shall be a minimum of siarteen (16) feet in height. - Page 24 - r GUIDELINESAPPLICABLE TOAZIBURNJUI+TC'TIDI+T Site Desigrr - 1. PARKING LOTS AND GARAGES Intent: Reduce- the visual impact of surface parking lots and garages A. General 1. Parking shall be located over, under, behind, or to the side of buildings. Parking structures aze strongly encouraged. $ 2. All parking lots shall meet the design and construction standards of ACC 18.52 unless modified herein. . Parking stall standards for 90 degree stalls in structured parking facilities shall be 18 feet in length and 9 feet in width. All other dimensions shall meet ACC 18.52. . Pazking stalls for, motorcycles and scooters shall also be included in developments. 3. Compact parking stalls may be allowed but only 30% of the total pazking. ~ 4. Secure bicycle storage shall be provided for residential units at five (5) percent of the total parking. . ~ 5. Bicycle racks shall be incorporated into projects and it is preferred that an artistic element be used in designing bicycle racks. Location of bicycle racks shall gn Ul gn~ be approved by the B. Screening and Landscaping - the applicant may demonstrate e.quivalency with the screening and landscaping section by providing an alterrrnative plan if approved ~4• by the Planning, Building, and Community Director. 1. Surface.parking lots consisting of ten or more stalls shall feature landscaped planter beds at a ratio of one to every s_ix (6) stalls. Each planter bed sfiall include at least one tree, a minimum caliper of two (2) inches at the time of planting: ~~n z~✓ "M 2. The minimum planter size shall be 100 square feet. Planter§ sfiall be protected by concrete curbs and shall also feature shrubs and/or groundcover. 3. Surface parking lots located adjacent to any street (excluding alleys) shall be screened by one or a combination of the followingc 4- a. Low walls made of decorative concrete, masonry, or other similar y material, not exceeding a maximum height of 30 inches. ~ b. Combination of wrought iron fence and landscaping. - Page 25 - c. Raised planter walls, with wrought iron, planted with a minimum of 80% evergreen shrubs, not exceeding a total height of 30 inches. d. Landscape plantings consisting of trees (of which at least 80% are deciduous) and shrubs and groundcover materials (of which at least 80% are evergreen). e. All plant material used for parking lot screening shall provide cleaz views between 30 inches and eight (8) feet above the ground surface, for visibility and safety (site distance). f. Planting areas shall be a minimum of five (5) feet in width and shall be irrigated to sustain the vegetation. ' C. Pedestrian Connections . " 1. Pedestrian connections not less than five (5) feet wide shall be provided through parking lots to building entrances, sidewalks n and/or transit stops. 2. Pedestrian connections should be clearly defined by at least two of the following: a. Six (6) inch vertical curb in combination with a raised wallcway; b. Textured paving, including across vehicular lanes, such as unit pavers, stamped ancl scored concrete; c. Bollards; d. Trellis; e. Continuous landscape area at least three (3) feet wide and at least on one side of the walkway; - a- ~ ~ f. Pedestrian-scale lighting, required g. An element, as app.roved by the City, which meets the intent of this section.: D. Width / Spacing of Driveways 1. Driveways should not exceed 24 feet in width at the property line: Distance between curb cuts should not be less than 100 feet, measured from the outer edge of the driveway aprons. 2. T'he sidewalk pattem and material shall continue across the driveway. pbdestrtarr oannediw, tMnr,gh parlang,ax 2. SgIIELDED LIGHTING Intent: Ensure that exterior site lighting contributes to the character of the site such as accentuating architectural features (e.g., building enfrdnces) and does not disturb adjacent development ~ A. Only City-approved standard fixtures shall be used for public sidewalk lighting. B. All site lighting shall be shielded from producing off-site glare, either through Zrmia~; exterior shields or through optical design inside the fixture, so that the direction of the light is downward. C. The maximum height allowed for parking lot lighting is 24 feet. The maximum height along pedestrian walkways is 16 feet. - Page 26 - . i D. Site lighting should create adequate visibility at night, evenly distributed to increase security, and coordinated with adjacent landscaping to avoid castmg long shadows. E. Incorporate electrical service into lighring fixtures for seasonal omamental lighting and provide the capabiliry for the City to install a mesh access point on the pole. 3. SCREENING OF TRASH / SERVICE AREAS Intent: screen trash storage, loading and service areas from public view A. Trash and service areas sha11 be placed away from streets. A dequa te access s ha l l be provi de d and reviewe d by t he - contracted hauler to ensure adequate and safe access. B. All service, loading and trash collection areas shall be . ~ screened by a com6ination of masonry walls and planting, with similar character to the design of the bu'ilding it serves. C. Loading and service azeas shall not face any residential azeas, unless no other location is feasible. Effort should be made to buffer impacts to residential areas. 4. PLAZAS Intent: Ij plazas are incorporated ensure plazas are readily accessible for use and offer a pleasant environment A. Public plazas must abut and be within three (3) feet in elevation of a public sidewalk. Ramps shall be provided consistent with ADA standards. B. At least ten (10) % of the plaza azea shall be planted with trees and otlier vegetation. G. Plazas shall incorporate pattems and designs using `materials agreed to by the City: Plazas shall be consistent s~ with the City Hall Plaza. D. Plazas shall' include adequate lighring, allow for penetration of sunlight, and provide seating in the form of low walls, benches and/or tables and chairs. E. Accessory site features such as, waste receptacles, street furniture and movable planters shall be of compatible design to the main building seived by the plaza. - : - Page 27 - F. Courtyards between structures and interior courtyards aze encouraged to promote pedestrian activity, create open space, and a stately entrance. - GUIDEL INE,SAPPLICABLB TO AUBUI?11T JT1MC'TIDN Builclirig DesFAla ~ ~ 1. ENTRANCES - Intent: ensure that entrances are easily identifiable and accessible from streets and sidewalks A. Main building entrances should be oriented to the property line abutting the primary street rather than to a pazking lot. B. Locate primary entrances so that they aze visible from t-. the public right-of-way. The entry, particulazly if on a 3 ~ street corner, should be marked bY architecturall Y ~ ~ prominent elements such as canopies, ornamental lighting an fixtures and/or fixed seating that offer visual prominence and a sense of safety. _ 2. GROUND LEVEL DETAILS Intent: reinforce the character of the streetscape A. Street-oriented farades of commercial and mixed-use ~ buildings shall be designed to be pedestrian-friendly through the inclusion of elements 3, 4, and 10 plus at least two of the f following elements: 1 p I 1) Kickplates for storefront windows; 2) Projecting window sills; 3) Pedestrian scale signs; ` 4) Canopies; ~ 5) Plinths for columns; 6) Containers for seasonal plantings; 7) Ornamental tilework; 8) Medallions; 9) Belt courses; 10) Lighting or hanging baskets supported by ornamental brackets; 11) An element, as approved by the City, which • meets the intent of this section. - Page 28 - 3. BASE ! MIDDLE / TOP Intent: primarily emphasize the street level, but also create a visually interesting skyline A. Buildings above 30 feet in height should distinguish a"base" at ground level using articulation . and materials such as stone, masonry, or decorative concrete. B. The "middle" of the building should be distinguished by a change in materials or color, _ ~ • ~-~~,a windows, balconies, and stepbacks/modulation. ~ ~~~-~r C. The "top" of the building should emphasize a distinct profile or outline with elements such as a projecting pazapet, comice, upper level setbac'- pitched roofline. ~ 4. UPPER LEVEL SETBACK Intent: reduce the apparent bulk of multi-story buildings and maintain pedestrian scale i A. Front facades of buildings abutting streets shall have 20% (minimum) of upper level set back a minimum depth of three (3) feet." , B. Views of Mount Rainier should be protected where feasible and if protected five (5) percent ' . additional floor area can be achieved. 5. TREATMENT OF BLANK WALLS Intent: reduce the visual impact of b[ank walls by providing visual interest A. Blank walls visible &om the public street longer than 30 ~ - feet shall incorporate two (2) or more of the following features: 1) Vegetation, such as trees, shrubs, ground cover and/or vines adjacent to the wall surface; - Page 29 - T I 2) Artwork, such as bas-relief sculpture, murals, or trellis structures 3) Seating azea with special paving, lighting fixtures and seasonal plantings; and/or 4) Architectural detailing, reveals, contrasting materials or other, special interest, consistent with chazacter of the . downtown. 6. USE OF NEON Intent: encourage the use of neon as an archbectural embeUishment in keeping with the character oj downtown. A. Neon may be allowed to emphasize unique building features. B. Neon may be used as artwork or as grapHic symbols that portray the natiue of the business, provided that no written words shall be allowed. 7. PARKING ST1tUCTURES Intent: reduce the visual impactoJstructured parking located above grade - A. At ground level, free-standing pazking structures shall comply with guidelines addressed under `Ground Level Details.' B, Upper levels of structured parking should be screened or treated azchitecturally by two or more. of the following: 1) Roughly squaie openings rather than horizontal, or elements that lessen the rectangular opening. 2) Planting designed to grow on the fagade _ i' 3) Louvers ~ ~•~w 4) Expanded metal panels 5) Decorative metal grills or artwork 6) Spandrel (opaque) glass 7) An element, as approved by the City, which meets the intent of this - section. €r C. Lighting fixtures within garages should be screened from view from the street. D. In order to provide a safer environment, parking structure illumination should be designed to a maximum uniformity ratio (proportion of average , to minimum illumination) of 4:1. - Page 30 - 8. SCREENING ROOFTOP EQUIPMENT Intent: screen rooftop mechanical and communications equipment from the ground level of nearby streets and residential areas A. Mechanical equipment shall be screened by an extended , parapet wall or other roof forms that are integrated with the architecture of the building. B. Painting of equipment and erecting fences are not acceptable methods of screening, although a screen wall is acceptable and it must be incorporated into the architectural design of the structure. C. The installation of Wireless Access Points by the City is permitted however thought should be given to location to minimize the visual impact of equipment if extended vertically from the roof. GUIDELLYES APPLICABLE TO AUBT_TRN JUN'CTIDN Sign Desigrt ~ ~ ~~~g ~ 1. LANDMARK SIGNS , Intent: preserve the unique character oJthe downtown Ha3«"Vr . A. Retain existing historic signs (as determined by the City) that feature the character of the area, wherever possible. ~ 2. INTEGRATION WITH ARCHITECTURE Intent: ensure that signage is a part of the overa[l design of a project and not additive or an afterthought A. The design plans for buildings and sites shall identify locations and sizes for future signs. As tenants install signs, such signs shall be in ~ conformance with an overall sign program that allows for advertising which fits with the ~ architectural character, proportions, and details of the " development. The sign progam shall. indicate location, size, and general design. , - Page 31 - - B. New signs should not project above the roof, pazapet or exterior wall unless part of an integral architectural feature. Signs mounted on a roof are not allowed. 3. CREATIVITY Intent: encourage interesting, creative and unique approa to the design ofsignage A. Signs should be highly graphic in form, expressive individualized. Signs should convey the product or service offere . the business in a bold, graphic form - B. If a projecting sign is designed by a gaphic design profess ~ t and includes a non-verbal, three-dimensional symbol that succi conveys the nature of the business and constitutes a dominant proportion of the overall design, the sign may be allowed to exceed the maximum area otherwise allowed by 50%. 4. GROUND SIGNS ~ Intent: ensure that signs are not principally oriented to automobile traffic A. All freestanding signs shall be ground (monument) signs no higher than five (5) feet. B. The azea azound the base of any ground sign shall be planted with shrubs and seasonal flowers. C. Intemally-lit signs are prohibited except when located adjacent and oriented to Auburn Way North/Aubutn Way South street frontages and only with electronic message center signs in accordance with Aubum City Code Chapter 18.56 Signs. If an internally lit sign is utilized, the sign shall also conform to all other applicable standards for changing - message center signs as described in this same chapter. i ~ i ~ Event Advertising - Page 32 - AL?DIZ'IONAL C"}UIDELINESDEVELOPIIMNTADJAC'EN'I'TOPEL?ES7'RL4ItTSTREEM - AT1B ZTRN JTIi+TCT10N Site Desigrr ~ PEDESTRIAN STREETS (.chown nn F,xhihit A. helnw) 1. LIMITATIONS ON DRIVEWAYS Intent: maintain a continuous sidewalk by minimizing driveway access A. Curb cuts aze prohibited on Main Street and Division Street unless access from no other street is available. Curb cuts on other Pedestrian I Streets is permitted, however limited to the fewest access points. 2. LOCATION OF PARKING , Intent: reduce the visual impact of parking and enhance the pedestrian experience A. Pazking shall be located under or behind buildings or within structures. B. On Pedestrian I Streets, surface pazking is not permitted between the building front and the right-of- way. - 3. LOCATION OF DRIVE-THROUGH LANES Intent: preserve a safe and comforfdble pedestrian experience A. Drive-throughlanes:are not allowed between the building and the publia right-of-way on Pedestrian I Streets. - Page 33 - ADDIT2'ONAL GUlDELINESDEI/'ELOPIVlENTAI?JAC'EIUTTOFEDESI'RIA2ITSTREETS'- A ZJB URN,TT_JNCTION Bu ildrtig Des-tgtt ~ LAND USE Intent: ensure a rich, uninterrupted mixture of lively activNes aimed at pedestrians - A. Along Pedestrian I Streets, ground floor uses that ~ face the sidewalk shall be retail, restaurant or personal ~ service uses. ~M 2. PROXIMITY TO SIDEWALK Intent: reinforce an active pedestrian experience along Pedestrian Streets . ..4. ~F . A. Buildings along Pedestrian Streets sha11 be set - `immediately at the back of the sidewalk, with the exception of providing open space for public use such as plazas, courtyards . and seating azeas. ' k , ~ B. Control of water run-off from canopies/awnings is. encouraged. . ~ . ip`. . I 3. GROUND LEVEL TRANSPARENCY ' . . , qt' . Intent: provide a visual connection between activities inside and outside oJbuildings •...f- A. Along Pedestrian I Streets, a minimum . of 70% of any ground floor farade (between two (2) feet and 12 feef above grade) facing a street or public space shall be comprised of cleaz, "vision" glass. B. Along Pedestrian II Streets, a minimum of 60% of any. ground floor fagade (between two (2) feet and 12 feet above _ - Page 34 - grade) facing a street or public space sha11 be comprised of clear, "vision" glass. C. Along Main Street, doors and windows should reflect the historic Main Street rhythm of 25=foot wide storefronts. 4. WEA'I'HER PROTECTION . Infenf provide pedestrians with protection from the weather A. Canopies and awnings shall be ;provided along all fagades that are adjacent to Pedestrian Streets. ~ B. The minimum depth of any canopy or awning shall be fow (4) feet. The vertical dimension between the underside of ~ the canopy or awning and the sidewalk shall be at least eight (8) feet and no more than 12,feet. ~ C. Canopies and awnings shall be of shed or mazquee style, except that bowed awnings may be used over arched windows. "Bubble" awnings and backlit awnings with translucent ~ ,x . materials aze not permitted. , . D. Weather protection can be combined with the method used to achieve visual prominence ;at entrances. E. If constructing covered walkways, then the height may exceed 12 feet. -Page35- ' ADDITIQNAL GZTIDELIN'ESDETIELOPMENTADJACEN7'TO PEDESTRL4NSTREE?S'- AUB Z 1R tU ,T UI t FCTION _ Stg1t De.sig« ~ 1. PEDESTRIAN O1tIENTATION Intent: provide signs that activate ~R the pedestrian realm ,,w A. Signs shall be primarily oriented to pedestrians, rather PISTILS than people in vehicles. The following are types of signs are . . . _ ~ encowaged along Pedestrian Streets: T) Blade signs (projecting over sidewalk) 2) Window signs (painted on glass or hung behind g18SS) 3) Logo signs (symbols, shapes) ' 4) Wall signs over entrance. B. Pole "signs and monumenf or ground signs aze not permitted on Pedestrian Streets. C. Signs shall be evaluated with respect to size, scale, relationship to other signs, function, location and other factors. , . -Page36- Exhibit A(an exhibit to Exhibit "E") t...,~, .~r _ ~ttlM scrcoL ~ i ; ( A-AL ' STXT~ ~ y fii■ N;--;K muz- r- - aw DOWNTOVIIaI URBAN CENTER ZliNE - Page 37 - EXHIBIT "F" Development Schedule Phase 1- September :2011 Phase 2 - September 2012 , Phase 3 - September 2013 Phase 4 - September 2014 - Page 38 - EXHIBIT "G" PERFORMANCE MEASURES: General • 1. Conducf a minimum of one (1) monthly meeting with City staff, including the Mayor or designee(s) and representatives from Property Management, Planning & Development and Public Works, and others as appropriate, to review work progress, discuss issues/concems, identify resource needs and discuss actions steps. 2. Conduct bi-weekly (everytwo weeks) coordination conference calls with the Planning & Development Director, ''Planning Manager, Human Resources/Risk/Property Management Director and other City staff to provide a more detailed forum for planning and coordination. 3. Either at the monthly meeting or during the bi-weekly conference calls, verbal reports shall be submitted to Mayor Lewis specifying all work covered under the extended contract conducted within previous month, resourees expended and key issueslconcems and anticipated work efforts for the current month. 4. Facilitate a. minimum ofione (1) lead interaction per month during the term of this contract. Leads shalf consist of prospective developers or tenants for the Aubum Junction development. Facilitation shall occur via conference call or direct face-to-face meeting. If this requiremenf cannot be met, _ details of efforts to comply [attempt to comply] with this requirement shall be related to the Mayoc, which details shall include the identification of prospective developers or tenants, date contact, and the stafus of such contacts [whether there are future prospects of such contacts]. 5. Coordinate with City staff, in efforts to identify development options of City owned properties listed herein, and identify types of development uses and potential Developers for City owned properties. Specific• 1. Participate, as requested by City staff, in the development of a market analysis to be prepared by a consulting real,estate market economist or professional with demonstrated experience and knowledge in analyzing and making recommendations for downtown redevelopment markets as selected by the cify. Participation may include buf is not limited to submittal of - conceptual. planning information, analysis and assumptions, attendance at . City staff.:meetings with consultant and review of draft and final documents. Because the consultant will be retained directly by the City, participation shall - Page 39 - not include direct or indirect involvement in consultant selection and contract negotiations. 2. Within 90 calendar days of the execution of the Master Development Agreement, facilitate face to face meetings with private property owners of Parcel Nos. 78157-00030, 78157-00020, 78157700015, 78157-00005, 78157- 00047, 78157-00070, 78157-00075, 78157-00115, 78157-00110, 78157- 00095, 78157-00120, 78157-00135, 7815700265 and 7815700325. These meetings will be held for the direct purpose of exploring and potentially executing non-binding agreements for the planning, coordination and implementation of redevelopmenf plans for any and all of the referenced parcels 3. Participate, with City staff and as requested by City staff, in direct non-binding redevelopment coordination agreement negotiations with the private property owners of the previously referenced parcels. 4. Participate, with City staff and as requested by City staff, in City Council review and approval of non-binding redevelopment coordination agreements for any and all of the previ ously. referenced parcels. 5. Within 120 calendar days of the execution of the Master Development Agreement submit a written description of the action plans for development of the above described parcels, including strategies, options, opportunities and approaclied to market and develop said parcels, including description of redevelopment constraints and challenges for developmenf of the Auburn Junction project, and including defailed descriptions of a minimum of the five (5) closest (in proximity) comparable sized projects, as reasonably determined by Developer, that have occurred within a maximum of the last 10 years and that included publicly owned land. 6. Aubum Junction Conceptual Master Plan Revisions: a. Prepare and submit for City staff review and comment a revised conceptual master plan for Auburn Junction within 30 calendar days of completion of an updated market analysis that indicates what the Aubum market can bear consistent with; the market analysis, and that shows an updated concepfual master plan to reflect that information (e.g. office square footage, number of units); b. Within 15 calendar days of submittal of revised conceptual master plan to City staff, conduct a meeting with City sfaff to review and discuss revised conceptual master plan inclusive of development assumptions, market considerations and design recommendations, c. Within 15 calendar days of ineeting with City staff on revised conceptual master plan, conduct revisions to this plan per issues and concerns identified. by City staff with respect to the updatedlrevised conceptual master plan; - Page 40 - d. Conduct a presentation to Downtown Redevelopment Committee on the revised conceptual mastet plan (version incorporating City staff comments); e. Within 15 calendar days of ineeting with Downtown Redevelopment Committee conduct revisions to this plan per issues and concems identified by the Committee and submit to City staff. 7. Within 90 calendar days ofi Downtown, Redevelopment Committee review and discuss the conceptual master plan and any revisions, and marketing strategies for Auburn Junction inclusive of likely target markets at (either) a monfhly meeting with City staff, or bi-weekly coordination conference, including discussing direet and indirect marketing mefhods recommendations and on-going market awareness and penetration actions. 8. Work with City staff on Requests for Proposals (RFPs) for City Owned Properties, if requested by City, including: a. Identify factors that could' be used to package development of City Owned Ptoperties, either through sale to developers, solicitation of Requests for Proposals (RFPs), or combinations thereof b. Within 60 calendar days of the completion of the marketing strategy, . review and comment as requested by City staff a draft Request for Proposal (RFP) for redevelopment of the City owned parcels of land. c. Within 15 calendar :days of receipt of City staff comments submit a revised draft Request for Proposal. d. Participate, as requested by City staff, in the evaluation of RFP responses: e: Participate, as requested by City staff, in interviews for prospective developers of the Ciiy owned parcels of land. f. Participate, if requested by City staff, in contract negotiations with candidate developers for City owned parcels. g. Participate, if requested by City staff, in City Council contract, and . review approvals for contracts with candidate developers. - Page 41 - ~ * CITY OF_ Peter B. Lewis, Mayor WAS H I N 25 West Main Street # Auburn WA 98001-4998 ~ www.aubumwa.gov * 253-931-3000 May 26, 2011 Spencer Alpert, COO Ceradimm, LLC 2442 NW Market St; #722 Seattle, WA 98107 RE: Memorandum of Understanding re Master Development Agreement between Alpert International and City of Auburn ' - Dear Spence: In connection with the Master Development Agreement entered into by and between the City of Aubum and Alpert International dated December 20, 2010, the City has shared its concerns about the progress of the Master Development Agreement. However, the City has been advised that you are in contact with a prospective developer, Williams & Dame Development, Inc. Accordingly, rather than taking action to suspend the Agreement at this point (so as to give the City some options to develop the property on its own), the City desires to give you the opportunity to follow up on that development prospect. For that reason, the City agrees not to suspend the Agreement for sixty (60) days from the date of this letter to give you the opportunity to put together the development proposal. If you are not able to put a development proposal together for the City property with Williams & Dame Development, Inc., or another such developer, which development proposal the City deems to be acceptable, within the sixty (60) day period, the City shall suspend the Agreement effective July 27, 2011. This letter also acknowledges„ the fact that Alpert International, LLLP, has merged with Ceradimm, LLC which would then be the party with whom the City is dealing in the Master Development Agreement. Please acknowledge your understanding of the above by signing this letter below and returning a signed copy to me. Thank you very much. S~ cer , ~ ~ P ter B. Lewis Auburn Mayor Acknowledged thisA°day of May, 2011 - ci-- Spencer pert, COO Ceradimm, LLC AU$URN* MORE THAN YOU IMAGINED