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HomeMy WebLinkAboutITEM III-B-1 * C[TY OF * * p~ AGENDA BILL APPROVAL FORM ~ ~ WASH[NGTON Agenda Subject: Date: Resolution No. 4502 Au ust 3, 2009 Department: Attachments: Budget Impact: Finance Resolution No. 4502 and Exhibits "A' and "B" Administrative Recommendation: City Council adopt Resolution No. 4502. Background Summary: Resolution No. 4502 designates a revitalization area in the City and authorizes the Mayor to apply with the State Department of Revenue for Local Revitalization Financing. Local revitalization financing is a reallocation of property and sales and use tax imposed by the State and participating taxing districts and local governments. It is not a tax increase to the identified revitalization area. Under Second Substitute Senate Bill 5045, the City of Auburn has been identified as a demonstration project and eligible to receive $250,000 per year for a period of 25 years from the State in order to finance public infrastructure that promotes community and economic development. The City held a public hearing on July 20, 2009 as required by this legislation. The City must apply before September 1, 2009. A revised Resolution will be handed out at the time of the meeting, listing all participating local governments/taxing districts that have opted out. They have until 4:30 pm on August 3,2009 to notify the City Clerk. N0720-3 F6.16 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ED Municipal Serv. 0 Finance ❑ Parks ❑ Human Services 0 Planning & CD ❑ Fire ❑ Planning ❑ Park Board 0 Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Unt_il Councilmember: Backus Staff: Coleman Meetin Date: Au ust 3, 2009 Item Number: VIII.B.1 AUBURN'k MORE THAN YOU 1MAGINED RESOLUTION NO. 4 5 0 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DESIGNATING A REVITALIZATION AREA, AND AUTHORIZING AN APPLICATION TO THE STATE DEPARTMENT OF REVENUE FOR LOCAL REVITALIZATION FINANCING, AS PROVIDED FOR IN CHAPTER 270, LAWS OF 2009 WHEREAS, Second Substitufe Senate Bill 5045, enrolled as Chapter 270, Laws of 2009 (the "Act") provides for the allocation of seventy-five percent (75%) of property tax and a sales and use tax credit of up to one hundred (100%) of the amount generated from new development within a designated Revitalization Area ("RA") to finance public infrastructure that promotes community and economic development; and WHEREAS, the Act does not increase the total amount of local or State sales, use, or property taxes paid by a property owner; and WHEREAS, The City of Auburn may qualify for up to $250,000 per year for a period of twenty five years in local revitalization financing under the Act; and WHEREAS, pursuant to public notice published on July 10, 2009, and posted in accordance with the Act, The City Council held a public hearing on July 20, 2009, to receive public comment on this proposed Resolution; and WHEREAS, the local taxing jurisdictions listed in Section 6 below have provided to the City copies of ordinances or resolutions duly passed by' their governing bodies indicating that they do not want to participate in this program; and; Resolution No. 4502 July 30, 2009 Page 1 of 7 WHEREAS, other local governments and taxing districts, having indicated that they will participate in this program, have agreed to enter into an Interlocal Agreement to implement the program; and WHEREAS, the City Council believes that the use of local revitalization financing to fund certain public improvements will act as a catalyst to attract new private investment and the creation of new jobs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. As provided for in the Act, the City Council authorizes the use of local revitalization financing, and hereby designates an RA for the purposes of, and as further described in, the Act and this Resolution. Section 2. The name of the RA is the "Auburn Revitalization Area." Its boundaries are generally co-located with the Urban Center boundaries adopted in the City's Comprehensive Plan by Ordinance No. 5891 and adopted as part of the King County Countywide Planning Policies, as shown on the map at Exhibit A, which is attached hereto and incorporated herein by reference. Section 3. The "Public Improvements" to be constructed by the City within the RA and financed in part by the local revitalization funding shall include but not be limited to the reconstruction of South Division Street including three blocks of roadway pavement, crosswalks, sidewalks, pedestrian & street lighting, relocation and replacement of undersized water/storm/sewer utility improvements, undergrounding power, aesthetic treatments and landscaping. Resolution No. 4502 July 30, 2009 Page 2 of 7 Section 4. The estimated cost of the Public Improvements is $8,000,000. The portion of these costs to be financed by local revitalization financing is approximately $6,650,000, which includes the local revitalization funding match. Section 5. The estimated time during which local property tax allocation revenues and other revenues from local public sources are to be used for local revitalization financing is up to twenty-five years. Section 6. The date when the use of local property tax allocation revenues and other revenues from local public sources for local revitalization financing will commence is not earlier than July 1, 2010. Section 7. A. The following taxing jurisdictions have not adopted an ordinance as described in Section 106 of the Act to be removed as a participating tax jurisdiction, and therefore will be participating in the local revitalization financing: [list of jurisdictions that did not opt out] B. The following taxing jurisdictions did adopt an ordinance as required in Section 106 of the Act, and therefore will not be participating in the local revitalization financing: [list of jurisdictions that did opt out] Valley Regional Fire Authority - Resolution No. 62; King County Rural Library District - Resolution No. 2009-06. Section 8. The Council finds that use of local revitalization financing in the RA meets the criteria of Section 103 of the Act, to wit: Resolution No. 4502 July 30, 2009 Page 3 of 7 A. The Public Improvements proposed to be financed in whole or in part using local revitalization financing are expected, to encourage private development within the revitalization area and to increase the fair market value of real property with in the RA; B. The City has entered into a Master Plan Development Agreement ("MPDA") on October 6, 2008, with Alpert International, LLP, that provides for the development of private improvements within the RA (Attached as Exhibit B); C. The private development that is anticipated to occur within the RA is consistent with the land use policies of the King County Countywide Planning Policies, dated October 2008, with the Land Use and Comprehensive Plan Map elements of the City's Comprehensive Plan, most recently updated on December 1, 2008, and with the City's development regulations found in Titles 12, 13, 14, 15, 16, 17, and 18 of the Auburn City Code in effect as of the date of this Resolution. D. The RA does not contain more than twenty-five percent (25%) of the total assessed value of the taxable real property within the City as of the effective date of this Resolution. The total assessed value of the taxable real property in the City is $8,719,721,892; the total assessed value of the real property within the RA is $259,513,700. E. If awarded a state contribution under the Act, the anticipated rate of sales and use tax under section 601 of the Act that the City will impose shall be .05%. Resolution No. 4502 July 30, 2009 Page 4 of 7 F. The anticipated date when the criteria for the sales and use tax in section 601 of the Act will be met is not earlier than July 1, 2010. The anticipated date when the sales and use tax in section 601 of the act will be imposed is not earlier than July 1, 2010. Section 9. The City Council finds that local revitalization financing: ' A. will not be used for the purposes of relocating a business from outside the RA, but inside this state, into the RA unless convincing evidence is provided that the firm being relocated would otherwise leave the state; B. will improve the viability of existing business entities within the RA; C. will be used exclusively in areas within the City that the City has deemed in need of either economic development or redevelopment or both, and absent the use of local revitalization financing the proposed economic development or redevelopment more than likely not occur; Section 10. The City Council further finds that the public improvements proposed to be financed in whole or in part using local revitalization financing are reasonably likely to: A. increase private investment within the RA; B. increase employment within the RA; C. generate, over the period of time that the local sales and use tax will be imposed under Section 601 of the Act, increases in state and local property, sales and use tax revenues that are equal to or greater than the respective state and local contributions made under the Act; and D. provide for direct positive business and economic impacts in the RA. Resolution No. 4502 July 30, 2009 Page 5 of 7 Section 11. In order for the City to finance the Public Improvements using local revitalization financing, the City Council acknowledges and agrees that the City will shall meet and adhere to all of the conditions, limitations and requirements provided in the Act. Section 12. Financing. The City intends to fund the Public Improvements by utilizing a$3,000,000 Economic Development Administration grant and the balance of the project cost through the issuance of general obligation debt.' The G.O. debt will be repaid using local revitalization funding, increases in local property, sales and use tax revenues from participating local governments and participating taxing districts, increases in local property, sales and use tax revenues from the City, applicable real estate taxes and general governmental revenues. The City intends to incur general indebtedness, including general obligation bonds to finance the public improvements and to retire the indebtedness in whole or in part from local revitalization financing it receives. The maximum amount of indebtedness the City will incur is $6,650,000. Section 13. The Mayor is authorized to submit applications and reports to the State Department of Revenue as provided for in the Act, and to take such other administrative actions consistent with this Resolution as he deems necessary. Section 14. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4502 July 30, 2009 Page 6 of 7 Dated and Signed this day of , 2009. CITY OF AUBURN PETER B. LEWIS MAYOR ' ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4502 July 30, 2009 Page 7 of 7 «A" 3N1Sf 'L ..I ~ Fl~ {It~ ~ r L : ~ 351S I ~3N1S1 3S1SH,. . . . . . . . - . ~ - - A"_~~~ ~ . 3N1SH_ r~~HS 4~~ A, -F- . : . i ~ L• ~GSTSE ~I]~ C MU iU- 1 ~ . . ~ ~ . ~ - - 2I~:^~ .J - , If! I ; w, El 4w- , :-•T,x _ _ . ~zE T!. ! ir-- w _ o 3N1SO $E 3" ~ ; .i~-zi ~ f, 1 ~ r~ ~ ~ ~ , L•~ F ' j: ~ ; -AVAfcN8Fl8AV ` J . AUBURN WAV N a 1f 1 ~ ll ` ` ; 7 r 7 ~ J ssrNE b b k ~ . ` ! ~~C I ~I ,aa~ en~ I, , I; lL? fy I_ i 3 . 3 S oi 31 1S 8 t . T ..I ~ . : : . _ T I . ~ . V 3N1S `lzl 39 f5V . . . ~ ly' _3N1SV LLI I vZ _ 15 NOISIAIO N 1S NOISIAIO S f ~ U _ 13! f " I _ Z z 'o m `z C MN1SV . p . _ . . ~ ~ , , . . m . . : . ~ . . . ~ - . . , , - . . . . f y . . 2 . " . " Q ~ P ~ MS15B ~ , . z'r+CV . . . . . . . ~ 3 . _ . , ~ . . . ' ; N . . . . : ' H . ~ . y . . . ....MN'tSD Z ~ F N . _ : . . . y ' ; _ . . , . O . : . . ~MN~1~s a ~ nnS iS Q N ~ r . ; ~ . i. . N ~ . . : _ . . z!' : . ~ r. ' _ . ~ , • ~ . . Z. 3 MS1S3 \ ; . . . .rv . . -.vi. ~ . MN1Si , ..y . : . . . . , ~ . ~ .y . ~ . _ . . . . ^ I ' , . N . i I~ : i ..MS1Sj . . . , : . ~ , . . , : - MN1SJ . . , . y . - . : . . . . , : • . : . . . . z i ~ MS15`J ' ~ . . ' :_3 . , i . . . . . . , . , , : , . , . . . : : . ; ~ . . . , r ; i : ~ : . _ . . . . . . ~ . . . ~ _ . . . _ . y . : . . . . . t_ . o - ~ . . . " ' . _ . .iZu . - . . : , _ . , Q¢w@ ~ _ _ ; .i . . . ' ` ' _ MN1SAYl0 . ...i . • ~ i : . F ~ ~ . w~w~a . . . . ~ . . . 3a~Huo - E' . ' : ~ . . . a % ow~¢~ . . . . . .yp:. ~W~~z - ~ . . . . ~ ' , "~o:u~'m _ - 3¢zOa 1 (~SChibi~-~'~~r . MASTER PLAN DEVELOPMENT AGREEMENT THIS AGREENiENT ("Agreement') is made and entezed irito this L""day of 200_L, by and between the CITY OF AUBURN ("City") and Alpert International, LLP, 10218 Richwood Avenue NW, Seattle, Washington 98177; a Nevac3a limited liability limited partnership ("Developer"} (collectively, the "Parties"). ' • REGITALS - The following recitals aze a substantive partof this Agreement. A. The Aubum downtown area has been identified as a sub-area within the City of Auburn Comprehensive'Plan as evidenced by the City Council's adop6on of the Auburn Downtown Plan/Final ETS in May 2001. B. The Auburn downtown, ancl particularly the azea shown in'Eghibit "A" , ("the Auburn Downtown , Area"), attached hereto and ' incorporated herein by this ' reference, which generally coincides with the City of Auburn designated urban center as . ' approved by King County and the Puget Sound Regional Council, is charactezized by the , presence of vacant underutilized parcels that are difficult to develop due to their size and . difficulties in aggregating adjoining pazcels under different ownership. . ' C. The City of Auburn Coinprehensive 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. D. 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. E. In furtherance of the goals and policies_ of the City,'s Comprehensive Plan and the Auburn Downtown Plan, and to stimulate economic revitalization in the downtown area, 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 area, the City estabIished a process to select a developer of properly in the target area, and to ' enter into a Master Development Agreement to develop properties in the downtown azea as described herein and as depicted in Exhibit "B" ("Downtown Area"), and to promote coordinated development within the City of Auburn designated urban center. F. On the 21n day of April, 2008, the City Council selected the Deveioper as the preferred development team, and approved a Letter of Tntent with the Developer by City of Auburn Resolution No. 4342, calling for an exclusive negotiating period between _ the Parties. - Page 1 10/6108 • . G. During that period, the City and the Developer have worked' on . development guidelines and prepared conceptual design plans, and per tlus Agreement are memorializing their respective duties and responsibilities to each other as contemplated in Resolution No. 4342, and as provided in accordance with the provisions of Chapter 14.21 of the Auburn City Code. H. The parties agree and acknowledge that the purpose of this. Agreement is to determine the terms and conditions under which {i} the Parties will prepare and select , the prefened design alternative for the Site and (ii) conclude an agreement for sale by the City and purchase and development of the Site by Developer, including the granting of options relative thereto, as set forth herein. I. The Parties intend that during the term of this Agreement, each will perform certain actions and responsibilities under this Agreement. AGREEMENT . Now, therefore, in consideration of the following terms and conditions, the Parties agree as follows: 1. Development Plan Preparation and Site Description. Pursuant to input and - guidance from the City, the Developer shall prepare a preferred design. and development • plan ("Conceptual Plan") for the City-owned pazcels as described as Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 & 14 in Exhibit "C" ("City Legals"), attached hereto and incorporated herein by this reference, and as shown on Exhibit "D" .("City Parcel Map")1, attached hereto and incorporated herein by this reference, and shall inctude planning to address potential purchases of non-City owned parcels located within the area depicted on Exhibit "B" ("Downtown Area"), and incorporating additionai parcels in the vicinity as shown on Exhibit "E" ("Outparcel Map"), attached hereto and incorporated herein by this refererice, together with a feasibility aualysis and fmance plan for the Conceptuat Plan. The Conceptual Plan sha11 include uses allowed by City codes, and shall be consistent tuith (1) the Auburn Comprehensive Plan, and (2) the Aubum Downtown Plan/EIS (2001), and (3) Auburn City Code including but not limited tq the Downtown Urban Center (DUC) zone and Downtown Design standards and the Autiurn Junction Design Guidelines (the "Guidelines"), a copy of the current version of which is attached ..hereto as Exhibit "F" ("Auburn Junction Design Guidelines") and incorpozated herein by this reference. Any changes or amendment by the Auburn City Council to the Auburn Junction Design Guidelines shall be done in consultation with the Developer. ' For the putposes hexeof, including the Develaper's Rights/Options to Purchase or Lease, as described herein below, "City Parcels" shall also include parcels loeated within the four-block area bounded by Main Street to the North, A Street SW to the West, 2"a - Street SW/SE to the South and A Street SE to the East, that are subsequently purchased by the City during the term of this Agreement or any extension(s) thereof, and may 'include other "Outparcels" located within the area depicted in Exhibit "E" ("Outpazcel t Lots 4 and 8 as shown on the Exhibit "C" are not currently ovmed by the City. - Page 2 - ' ! D/6/08 Map") that aze subsequently purchased by the City during the term of tlus Agreement or any extension(s) thereof, provided #hat "City Parcets" shall not include pazcels that may _ be purchased by the City within the identified target areas where the parcels are expressly . purchased for municipal ptuposes. 2. Conceptual Plan and Guideline Development. The Conceptual Plan shall be finalized by the Developer and the Auburn Mayor and designees, in consultation with a downtown stakeholders group, and shall be approved pursuant ta the City review process as set forth 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 Design Standards wi1l 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 sta.tutes. ' 3. The Developer's Projeet. The Developez's project shall be an environmentally conscious, 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 appeai, ambience and connectiviry from the Transit Station to Main Street, mixed facades to complement historic Main Street and the nearby Transit Station and parking facility; and shall be developed in its entirety consistent with design elements and standards provided in the Guidelines. 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 Guidelines. 4. City Infrastnzeture. The Parties shall work in consultation with a downtown stakeholders group to determine how irifrastructure needs should_be addressed and incorporated into the design plans and guidelines for the Developer's Project, and shall also negotiate in good faith to determine how infrastructure needs for the Project would be funded, inciuding public/private partnerslups. and other mechanisms and strategies that may be available. 5. Term of Agreement and Developer's Rights/Options to Purchase City . Parcels. During the tenm of this Agreement, as described hereiri, the Developer shall . have the right to purchase the City Pazcels identified as Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 & 14 in Exhibit "C" ("City Legals"), for the purchase price as determined below. The term of this Agreement shall be for a period of time ending on the second anniversaryof the date on which this Agreement is executed, which right may be assigned by the Developer to one or mare assignees acceptable to the City. 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 sha11 be deemed to include any extended period. Tt 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. . - Page 3 - ta6ias 6. City ParceIs Option to Purchase - Purchase Price. During the term of this . Agreement, the Developer shall have the right to purchase the City Parcels for the purchase pzice determined through the process described below. The purchase price. for . the City Pazcels, along with any Ciry right of-way that inay 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 tertn of this Agreement or any extension . hereof, reflective of factors pertinent to their reasonable 'valuation as determ.ined as of the date of the execution of this Agreement, 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 Parcels 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 detetmine the valuation. If the Developer's MAI appraiser deternunes • a value that is within ten percent (IO%) of the City's MAI appraiser's value, the lower valuation shali be used as the purchase price for the City Parcels. If the difference in valuation exceeds ten percent (10%), the City's MAI appraiser and the Developer's MA.I appraisex shall select a third MAI appraiser and the three appraisers shail determine the valuation, and that valuation shall be the purchase price for the City Parcels, Alternatively, if the parties agree to pursue long-term leases of said City Parcels, incluciing 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 similar strategy for determining valuation/payment amounts of the leases similar to the stra.tegy described above. If the Developer does not exercise its option to purchase the City Parcels within one year of the date of this Agreement,.the purchase price (computed based upon value as of the date of this Agreement) shall be adjus#ed upwardly as a cost of living increase by a factor of five and five tenths percent (5.5%), and shall further be adjusted by five and five tenths percent (5.5%) per year thereafter if the option to purchase is not exercised by the end of the second year or by the end of any. year(s) thereafter if this Agreement is extended as provided herein. The Parties further agree that if there are any buildings or improvements that would need to be removed from the property when purchased by the Developer, the Developer shall be responsible for their removal and the costs thereof shall be deducted from the valuation in order to calculate the purchase price. 7. Closing. Closing on collective or individuat 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 Eghibit "G" ("Developmenf Schedule") attached hereto and incorporated herein by this reference. Initial redevelopment is intended to occur in the vicinity of Main Street, near City Hall. . -Page4- I0/6l08 . , Further details of the phasing and closing processes shall be agreed upon during the term of tlus Agreement. For the purposes hereof, the City's Mayor shall 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 shall be construed to mean and shall inciude the initial term of the Agreement and any extensions thereof. 8. Extension of Developer's Rights to Purchase City Parcels. The Developer's rights/options to purchase the City Parcels as defined herein above may be extended upon written approval by the City 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. : 9, Reports and Communication. The Developer shall submit written reports ' to the Mayor, or designee, at the times requested by the City regarding progress towazd satisfying the terms and conditions of this Agreement. The. Developer also shall provide to the City representative such additional irifo'rmation as is reasonably requested by the City representative. Unless otherwise agreed by the City represeritative and the Developer representative, the Parties shall communicate with each other through such representatives. . 10. Site Enviroiunental Assessrnents. The Developer at its sole cost and expense shall be entitled (but shall not be obligated) to conduct flr cause to be conducted environrnental 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 shall make available to Developer, without representation or warranry, any existing environmentaT 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 Developez shall make available to the City any written documents relating to such environmental assessments, audits and/or. testing of the 5ite. T'he Developer shall have the right to terminate this Agreement ugon fifteen (15) days advance notice to the City if the Developer is not reasonably satisfied with the findings and conclusions of such environmentat assessments, audits audlor testing. However, the Parties acknowledge and agree that specific reprasentations and warranties, agreements, obligations, liabilitzes, or responsibilities pertaining to the condition of the Site will be the subject of negotiations between the Parties in connection with the Development Agreement. 11. Reports and Analyses. Each Party reserves the right to request reasonable additional information and data from the other Party to allow thorough review and evaluation of the Conceptual Plan, Development Agreement and Site development. Each ~ 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 IDeveloper. The City shall keep such infortnation and data confidential to the extent permitted by law. - Page 5 10/6108 . 12. Costs and Expenses. Except as provided otherwise by this Agreement, the Parties shall be respbnsible. for their respective 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 similar 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 shalt not assign all or any part of this Agreement to any person or entity without the prior written consent of the City, which consent the City may gi'ant or deny at its sole discretion. Notwithstanding the foregoing, upon notice to the City, Developer may assign its rights and delegate its responsibilities hereunder to an entity controiled by and/or whose principals are the herein named Developer or its officers. 14. Default. Failure by either pariy 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 p.arty, specifying tlie nature of the default and the action required to cure the default. Tf the default remains uncured. for twenty-one (21) days after the date of such notice, the non-defaulting party may exercise the remedies set forth in paragraph 15. 15. Remedies for Default Release. Parties reserve all rights under the law. 16. Definition of Party. For purposes of paragraphs 15 and 19 of this Agreernent, the term "Party" shall mean and include the Developer's officers, employees, attorneys, agents, servants, representatives, subsidiaries, affiliates, partc►ers, assigns, predecessors and successors, and any other persons, firrns or corporations with whom the Party has been, is now or may hereafter be affiliated by contract in connection with this Agreement. 17. Entire Agreement. This Agreement constitutes the enrire urzderstanding ' 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 awned property in the target areas described above, and other agreements for infrastructure. 18. No Development Appraval. Nothing in this Agi'eement shall be construed . as a grant of development rights or land use entitlements. Any such rights or entitlements shall 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 tlie disposition and development of ttie Site, or any other acts or aetivities requixing the subseqaent independent exercise of discretion bq the City or ariy agency or department thereof. - Page 6 - toi61os . 19. Hold Hannless: Tliird Party Rights. This Agreement is solely for the benefit of the Parties and gives no right to any other party. No joint vaniure or partnership . is formed as a result of this Agreement. Each Party agrees to and hereby does hold the other Party hannless from any and all claims, damages and injuries baseii on or arising out of the subject matter or acts and omissions under this Agreement. 20. Notices. All notices provided for in this Agreemeni may be delivered in person or sent by recognized overnight courier, facsimile, email or United States Mail, return receipt requested, postage prepaid. If mailed by United States Mail, the notice shail be considered deiivered three (3) business days after deposit in the Mail. Any notice sent by facsimile or email shall atso be sent by United States Mail or recognized ovemight courier, and shall be deemed received on the date of receipt if received before 5:00 p.m. Seattie time on a regular business day; otherwise, it shall.be deemed received on the next business day. The addresses to be used. in connection with such conespondence are as " follaws: ' Developer: City: , Spencer Alpert, President Peter B. Lewis, Mayor Alpert International, LLLP City of Auburn 10218 Richwood Avenue NW 25 West Main Street Seattle, Washington 98177 Auburn, Washington 98001 With a concurrent copy ta: With a concurrent copy to: John Charles McCullough Jr. Daniei B. Heid, City Attorney McCullough Hill PS City of Auburn 701 Sth Avenue, Suite 7220 25 West Main Street Seattle, Washington 98104-7097 Aubum, Washington 98001 With a concurrent copy to: 7eff Smyth . Smyth & Mason PLLC 701 Fifth Avenue, Suite 7100 . Seattle, Washington 98104 21. City Council Approval. T'he Parties acknowledge that this Agreement does not bind the City of Auburn until the Mayor executes the Agreement and the City Council approves the Agreement. . Page 7 - 10/6/08 IN WITNESS WHEREOF, the parkies have caused this Agreement to be executed by their authorized representatives on the date firstabove written. Alpert Intemational, I,LLP CITY O , By: The Alpert Group Inc. Its: General Partner * y Pet r B. Lewis, Mayor Spencer pE~t, President . Attest: . ~ 4DeRas(kLarn, City Clerk :aniel ov ZHeicd, B. ttomey - . - Page 8 - t0/6/08 EXHIBITS . . Exhibit "A" - The Auburn downtown Area Eghibit "B" Downtown area Exhibit "C" - Ciry Legats - Exhibit "D".- City Parcel Map Eahibit "E" - Outparcel Map Exhibit "F" - Auburn Junction Design Guidelines Ezhibit "G" - Development Schedule - Page 9 - 10l6/08 ~ 4 D ~ I~J sUD~ 5~i~1 ~{~1 _ E ~ , I tt~~ , . } , .k •'L ~t. 1 . . . . Sanl'i(tllqfN . 9]BY Q ~ ~ _ V. ~~'i ~ ~L~ a . ~ ° ~ ~ 3 . = k. ~ ~'i ~LLILJ. `w ~LLfN~HOW 10: ~ ° _....._.L___-'.....' _ I. Q O +t ~ o ~ . \ YNL4A--~ ~ ~ . Sy : . ~ Sr--NS 6j1-~-~--• MH o• ~I, I ~ - - o . • y., • . rA a w. N a ~ S~1Sb- . ' ! . ~ . .c x W , ~ ~ 1 ~ ~ ; . --nas-15 a ~---~---MS ml•USNtiMI ~ o ~ 1 0 ~ `o - EXHIBIT C 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 Kang County, Washington, subject to: Covenants, Conditions, Restrictions and Easements contained in the Lot Line Adjushnent recorded . January 17, 2006, under Recording Number 20060117002764; Agreement and the Terms and Conditions thereof regarding the Common Wall recorded October 1, 1947, under Recording Number 3729624, records of King County Washington. .[12 ls'Street SW, Auburn, WA 980021 . Lot # 2 - 7815700225 Lots 1 and 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 Ternzs 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 right to erect pilasters, recorded October 1, 1947, under Recording Number 3729624. [101 S. Division Street, Auburn, WA 980021 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, Blo 56T e ords . Slaughter, according to the plat thereof recorded in. Volume 2 of Plats, page of King County, Wastiington, Except that portion of said Lot 5 conveyed to the City of Auburn under Recording Number 20010508002955, [That portion of Lot S, Black S, Town of Slaughier, according to the plat thereof recorded ire Yolume 2 of Plats, page -56, records of King County, Washinglorr, described as fol7ows: Beginning at the southwest corner of 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 5, a d"utance of 10 feet to the point of beginning and containing 50 square feetJ Together with the South half of the vacated alley 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 Half of the vacated ailey way abutting Lots 3 and 4, of said Block 5, as vacated under Ordinance Number 5842 and recorded under Recording Number 20040708002028, All Situate in the County of King, State of Washington. - Page 12 - 10/6/08 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 . Counry, Washington. .[121 S. Division Street, Auburn, WA 98002] Lot # 5 - 7815700295 Lot 4, Block 6, Town of Slaughter, recorded in Volume 2 of Ptats, Page 56, records of King County, Washington. [2 1S` Street SE, Auburn, WA 98002] ' Lot # 6 - 7815700290 Lot 3, Biock 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. ' . Lot # 7 - 7815700285 fihose Portions of Lots 1 and 2, $lock Town of Slaughter, according to the piat 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 comer of said Lot 2, being the terminus of said line, also icnown as Lot A of City of Auburn 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 Comer of said LoE.2; Thence South 00°QO'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' I9" West 43.52 feet to the West line of said Lot 2; Thence Southerly along said West line 15 feet to.the Southwest comer of said Lot 2; Thence Easterly along the South line of said Lots 120 feet to the Southeast corner of said Lot 1; 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 Auburn Lot Line Adjustment No 0003-95, recorded under King County. Recording No 9502160960. [101 Auburn Way S., Auburn, WA 98002] - Page 13 - 10/6/Q8 Lot # 9 - 7815700300 Lot S, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of • King County, Washington. [122 S. Division Street] Lot # 10 - 78.15700305 Lot 6, Block 6, Town of Slaughter, recorded in Volume 2 of P1ats, Page 56, records of King County, Washington. Lot 9 11- 7815700310 56, records of Lot 7, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page King County, Washington. Lot # 12 - 7815700325 The North 29.80 feet of Lot 8 Norkh 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 302 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 980011 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 14 - • ] 0/6/08 ~ 38- '}S t1 ~ . ro ~ ~ ~ro (O! W ~ U U) t~ ~ - r n ~ cD M ~ (o ~ • ~ ~ r O~ N N N, Q LC) d' W LO 00: O(M t`') M t~ C1~ p p~ Q O O O V) 0 S .~S .uOI~'JIAlQ OD ~ W WJ W 0 OD I~ I~ 1~ t~ Ih x t- ; ; [0 N ~ s . W cv cv u v r t%~ m . . ~ E ~ (✓3. o: ~ ~ u°~ ~ rn rn ~ tV N(V NN ~ 4- ~ p ~ N ~ Q O. O O D Q O o~0 LO tn u~ tn tn a, MS ISd N th V' Lo tD I~ 0 4t ~ ~k ~t ~ ~ ' ~ . 0 ~ 0 ~ W ITT= N ~ o h "E . .N 11~Atl41•Nd~(Tf S-Am44,t3tlf18fltl B SLME j. N ~ . ~ ~ ~ 35•tSy-- ~ z r F H W ~ ~ . 14NUiSb+10•N ls:t~i'SIN05 ~ K W z. ; AAS:AS~ . I ~ ~ a ~ ---MN-1S8 N5158- ~ i . -latN.i5.7 -•^At5~,C5 p . a ~ t + ° Ezhibit F Auburn Junction Design Guidelines Approved 9-3-08 THB FOLLOWING STANDARDS SHALL ACT AS AN OVERLAY DISTRICT TO THE EXISTING DOWNTOWN URBAN CENTER DESIGN GUIDELINES APPLYING ONLY TO TBE FOUR BLOCK AREA OF THEAUBURNJUNCTIONPROJBCT AS WELL AS ADJACENT SECTIONS IN PUBLIC RIGHT OF WAY INCLUDING "THE OPPOSITE SIDES OF ALL PERIlViETER STREETS, AS DEPICTED IN THE BELOVV D12AWING. SHOULD ADDITIONAL AREAS BE ANNEXED INTO THE A UB URN JUNCTION PROJECT PER CITY RESOLUTTON, TFEN THESE GUIDELINES WOULD APPLY TO SUCH AREAS. NOTE THAT THE AUBURN JUNCTION DESIGN GUIDELINES TAKE PRECEDENCE OVER THE DOWNTOWN URBAN GENTER DESTGN GUIDELINES. p-M 7 f• ~ ; , 4'` ~ - - - - - - Page 17 - . ! 0/6J08 . TABLE OF CONTENTS I. Definitions/Architectural Terms ' II. Project Goals M. Design Guidelines - Page 18 - , ] 0/6/08 I. DEFINTTIONS/ARCHITECTURAL TERMS These words shall have the following meanings for the purposes of these guidelines: . a. Articutation - in art and architecture, is first of all a joint. Expanding from that definition, articulation is atso a method of styling the joints in the formal elements of architecturat design. Through degrees 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 sryles ranging from exceptionally distinct jointing to the apposite of high articulation--fluidity and continuity of joining. In highly articulated works, each part is defined precisely and stands out clearly. 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. Comice - upper section of an entablature, a projecting shelf along the top of a wall often supported by brackets. . d. Director - means the director of the Aubum department of ptanning, 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. Neo-traditional - Design concept that promotes a more livabie and alive community for residents; more sustainable since it preserves land by encouraging more compact•development and reduces air pollution and carbon dioxide emissions by creating new opportunities to walk and bike rather than using a car; and mixed-use with a combination of commercial and residential development. g. Farking, structured - means parking contained within an enclosed building either part of or designed to appear like it is part of the larger building com}slex, or a&eestanding structure devoted exclusively to above-grade pazking. h. Plinth - a btock 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 vaiue as such documented, displayed on the exterior 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 alI times, . predominantly open to the sky, and for use principally by people, as opposed to merely a setting for the building. - Page 19 - 10/6/08 k. Street level retail - means uses providing goods and services, including food and drink, adjacent • to, visihle from, and direcfly accessible from the public sidewalk. ~ - Page 20 - 10/6/08 II. PROJECT GOALS 1. To provide visual appeal and enhance the pedestrian environment, trees and other vegetation wilt be introduced along the sidewalks and/or street medians on all streets throughout Aubum Junction as . well as streets on the opposite sides of all perimeter streets consistent with the Downtown Sidewalk Standards. 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 disciissed with the appropriate agencies and most likely will not take place until the 2°d parking garage is constructed on the west side of the BNSF tracks. 3. To apply goais 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 Environmentai Design (LEED) ND program applicable to Auburn Junction including the following: A. Bicycle Network: To prornote bicycling and transportation efficiency by providing bicycle parking spaces, storage capacity, and access to bicycle Ianes. 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. Diversitv of Housing Types: 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 orienYation of projects, minimize the adverse environmental efFects of garking facilities and encourage other modes of . transportation, such as bicycles. F. Waikable Streets: Provide appealing and comfortable pedesirian street environments in order to promote pedestrian activity. Promote public heaith through increased physical activity. G. Transnortation Demand Mana eg ment: Reduce energy consumption and pollution from motor vehicles by eneouraging use of public transit and other modes of transportation. H. Access to Surrounding Vicinitv: Provide direct and safe connections, for pedestrians and , bicyclists as weil as drivers, to local destinations and neighborhood centers. Promote public health by facilitating walking and bicycling. 1. Access to Publie Spaces: To provide a variety of open spaces cIose to work and home to encourage walking, physicat activity and time spent outdoors. The goal is to have a park or green plaza within a'/4 mile of the Aubum 7unction project. - Page 21 - 10l6l08 J. Access to Active Spaces: To provide a variety of open spaces close to work and home to encourage walking, physical acfivity and time spent outdoors. The goal is to have linkages . through and beyond Auburn 3unction connecting to existing and future facitities such as the Intentrban Trail, CSireet SW Trail, and F Street underpass. K. Universal Accessibilitv and Diversitv: Enable the widest spectrum of people, regardless 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 development to create a vibrant downtown. L. Communitv Outreach and Involvement: Encourage community participation in the project design and ptanning and involve the people who live in a community in deciding how it should ba improved or how it should cliange over time. M. Construction Activitv Pollution Prevention: Reduce pollution from construction activities by controlling soil erosion, waterway sedimentarion, contamination of ground water, and airborne dust generation. N. Enerev Bfficiency 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 burdeos, while redeveloping to a better use. Q. Stormwater Mana eg ment: Reduce adverse impacts on water resources by mimicking the natural hydrotogy, of the region on the project site, including groundwater recharge. Reduce pollutant loadings from starmwater 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 wildiife habitat. 'S. On-Site Energv Generation: Reduce air, water, and Iand pol}ution from energy consumption and production by increasing the efftciency of the power delivery system. T. On-Site Renewable Energy Sources: Bncourage on-site renewable energy self-supply in order to . reduce environmental and economic impacts associated with fossil fuel energy use: U. District Heattng & CoolinQ: Rednce air, water, and iand poltution resulting from energy consumption in buildings by employing energy efficient district technologies. V. Infrastructure EnerQV Efficiencv: Reduce air, water, and land pol►ution from energy consumption. W. Wastewater Mana e~ ment: Reduce pollution from wastewater and ettcourage water reuse. - Page 22 - 10/6/08 ' X. Recvcled Content in Infrastructure: Use recycled materials to reduce the environmentat impact of extraction and processing of virgin materials. Y. Construction Waste Mana eg ment Divert construction and demolition debris from disposal in • landfilis ana incinerators. Redirect recyclable recavered resources back to the manufacturing . process. Redirect reusable materials to appropriate sites. Z. Comprehensive Waste Manasement: Reduce the waste hauled'to and disposed in ]andfills. Promote proper disposal of office and househotd hazardous waste streams. Strongly encourage recycling. AA. Liu_ht Poilution Reduction: - Minimize light trespass from the site, reduce sky-glow to increase night sky access, improve nighttime visibility through glare reduction, and reduce development impact on nocturnal environments. BB. LBED 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 appiication and certification process. - Page 23 - 10/6/OS . O`UIDELINESAFFLICAB-rETOAZTbURNJUNr-TION C-eraerut L?esign • III, DESIGN Gi7IDELINES 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. Buiidings shalt be built to at least a LEED Silver rating or meet a substantialiy equivalent standazd, and shall demonstrate compliance with that commitment. 2. The applicanf shatl 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 demonstrate to the satisfaction of the Director that the development will comply to the extent feasible. 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 Auburn Avenue, a pedestrian "trail" will be incorporated as follows: _ a. Along 1S" Streef between A - Street S.W. and S. Division Street; and b. Continuing between the ~ intersection of 151 Street and S. Division Street to the SW corner Y' of Main Street and Auburn Avenue. ~ c. The pedestrian trail may include , a "string of pearls" (i.e."a series ~ of pocket parks). _ d. Creative patferns, vegetation, attention to detail, wrought iron ' with brick accents. - Page 24 - 10/6/08 T 4. Projects shall provide aestheeic appeal, • ambience and connectivity to Main Street, mixed facades to complement historic Main . ' Street, the nearby Transit Station and parking ' facility. Materials such as masonry and brick should be a dominant feature. No corrugated •metal. Black framed windows and black wrought iron baiconies are preferred. a. 5. Three (3) plazas shall be incorporated at the intersection of Main Street and Division, In 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 artisric features are inciuded, 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 parking required for uses other than residential; however, adequate parking 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 futfill the requirements of this section. 7. Themed Auburn Junction signs will be required in key locations throughout the development including Auburn Iunction or powntown Auburn street signs. A master signage plan shall be submitted that includes a color palette for monurr►ents signs and size dimensions in accordance witli the ACC Section 18.29.060(n. 8. An access easement to rooftops shall be provided to the City which wiU 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 wireIess facilities. The parameter's of the access easement and location of devices shall be approved by the City. Any cabting 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 gazden. 11. Store front heights at the fust floor of structures shall be a minimum of sixteen (16) feet in height. - Page 25 - 10/6l08 GUIDELiMSAPPLICABLETOAUBUIZI+TJUNOTION Sate Design 1. PARKING LOTS AND GARAGES Intent: Reduce the visual impact of surface parking lots and garages A. General 1_ partdng shall be located over, under, behind, or to the side of buildings. Parking structures are strongly encowaged. 2. All parking lou shall meet the design and construction standards of ACC yi _ ~II 18.52 unless modified herein. . parking stal! standazds for 90 degree stalls in structured par[ciug faailities shall be 18 feet in length and 9 feet in width. All other dimensions shall meet ACC . 18.52. i . parking stalls for motorcycles and scooters shall aiso be included in developments. iCf 3. Compact parking stalls may be allowed liut only 30% of the total parking. 4. Secure bicycle storage shall be provided for residential units at five (5) percent of the total pazking. ` I. 5. Bicycle racks shall be incorporated into projects and it is prefened that an artistic element be used in designing bicycle racks. Location of bicycle racks shall on 6'1 ro, be approved by the . _ ':.l' ...r q, +~yS4i . !Y,`y-•'r B. Screening and Landscaping -the applicant may demonstrate equivalency with ' the screening and laudscaping section by providing an alternative plan if approved by the Planning, Bnild'u►8> and Community Director. 1. Surface parking lots consisting.of ten or more stalls shall feature landscaped platiter beds at a ratio of one to every six (6) stalls. Each planter bed shall include at least one ti'ee, a.minimum caliper of two (2) inches at the time of planting. 2. The minimum planter size shall be 100 square feet. Planters shall be protected by concrete curbs and shall aIso feature shrubs and/or goundcover. 3. Surface parking lots located adjacent to any street (excluding alleys) shall be screened by one or a cdmbination of the following: a. Low walls made of decorative concrete, masonry, or other similar . material, not exceeding a maximum height of 30 inches. b. Combination of wrought iron fence and landscaping. - Page 26 - 10/6/08 c. Raised pianter walls, with wrought iron, planted with a muumum of g0% evergeen shrubs, not exceeding a total height of 30 inches. d. Landscape plantings consisting of trees (of which at least 800/o are deciduous) and shrubs and . • groundcover materials (of which at teast 80% are evergreen). , • e. Alt plant material used for parldng !ot screening shall provide clear 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 ~ , shail 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 ' and/or hansit stops. 2. Pedestrian connections should be cleazly defined by at least ~ two ofthe following: a. Six (6) inch vertical curb in comb.inarion with a raised • wallcway; b. Textured paving, including across vehicular lanes, such as 't Pavers> stamPed and scored concrete; um c. Bollards; d. Trellis; e. Continuous tandscape area at least three (3) feet wide and at least on one side of the walkway; f. Pedestrian-scale lighting, required g. An element, as approved 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. The sidewallc pattern and material shatl continue across the driveway. Peae~rtart connedbrrt~ough P~9 ~ 2. SHIELDED LIGHTING Intei:t; Ensure that exterior site lighting contributes io the character of ihe site such as accentuating architectural,featares (e.g., bui(ding entrances) and does not disturb adjacent devefopment A. Oniy City-approved standard fixtuses shall be used for public sidewalk lighting. zsmac e~l~t b off-site glare, either through B. All site lighting. shall be shielded from producing t~ ~ exterior shields or through oprical design inside the fixture, so that the direction of ~ the light is downward. C. The maximum height aItowed for packing lot lighting is 24 feet. The maximum height along pedestrian wallcways is 16 feet. " - Page 27 - 10/6/08 D.. Site lighting shouid create adequate visbility at night, evenly dishibuted to increase security, and . coordinated with adjacent landscaping to avoid casting long shadows. E. Jncorporate electrical servic$ into lighting fvrnues for seasonai ornamental lighting and provide the capabiLity for the City to instali a mesh access point on the pole. 3. SCREEIVING OF TRASH / SERVTCE AREAS Intent: screen trash storage, loading and service areas from public view A. Trash and service areas shall be placed away from streets. Adequate access shaIl be provided and reviewed by the contracted hauler to ensure adequate and safe access. B. All service, loading and irash collection areas shatl be screened by a combination of masonry walls and planting, with similar character to the design of the building it serves. C. Laading and service areas shall not face any residential areas, unless no other location is feasibie. Effort should be made to buffer impacts to residential areas. ' 4. PLAZAS . Intent: If plazas are incorporated ensure plazas are readily accessible for use and ofjer a pleasant environment . A. Public plazas must abut and be within three (3) feet in elevarion of a public sidewallc. Ramps shall be provided consistent with ADA standards. B. At least ten (10) % of the plaza area shali be planted with uees and other vegetation. C. Plazas shall incorporate pattems and designs using " materials agreed to by the City. Plazas shali be consistent with the City Hal! Plaza. . D. Pla2as shall include adequate lighting> altow 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 furnitwe and movable planters shall be of compatible design to the main building served by the pl - Page 28 - t0/6l08 F. Courtyards between structures and interior courtyards are encowaged to promote pedesd'ian acrivity, create open ; space, and a stately entrance. ~ G£IIDE.LINESAPPLIGA$L B TOAUBU.RZtTJ UNC'TION B-itElCfR12a Design L, y ENTRANCES ~ Intent: ensure that entrances are easiiy idenf~ftable and accessible from streets and sidewalks . A. Main building entrances should be oriented to the properiy line abutting the primary street rather than to a. Parking lot. .;~t-:• ~ ; . . ~ e' k xbwv.. E ~ Locate primary entrances so that they are visible from the public right-of-way. The entry, particularly if on a L? street comer, should be marked by arctutecturatly prominent elements such as canopies, omamental iighting 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 fapades of commerciat and mixed-use buildings sbalt be designed to be pedestrian-friendly through ihe inclusion of elements 3, 4, and 10 plus at least two of the following elements: 1) Kickplates for storefront window ' 2) Projecting window sills; • 3) Pedestrian scale signs; 4) Canopies; 5) Plinths for columns; 6) Containers for seasonal plantings; 7) Omaznentai rilework; 8) Medailions; , 9) Belfcourses; ' lU) Lighting or hanging baskets supported by omamental brackets; 31) An element, as approved by the City, which meets the inteut of this section. - Page 29 - 10/6/08 3, BASE J NiIDDLE I TOP Intent: primarily emphasize the street level, but also _ . create a visually interesting skyline . ~ . A. Buildings above 30 feet in height should a'stin ish a"base" at ~ound level using az'ticulation ~ ~ and materiais such as stone, masonry, or decontive • concrete. . T ' . B. The "middle" of the building should be distinguished by a change in materials or color, _ windows, balconies, and stepbacks/modulation. ~ C. The "top" of the building should emphasize a distinct profile or outline with elements such as projecting parapet, cornice, upper level setback or • pitched roofline. ~ ;~,.x • _ q, UPPER LEVEL SETBACK . Intent: reduce the apparent bulk of n:ulti-story buildings and marntain pedestrian scale A. Front facades of buildings abutting streets shall have 20% (minimum) of upper levet set back a minimum depth of three (3) feet" B. Views of Mount Ttainier should be protected where feasible and if protected five (5) perceni i~ • additional floor area can be achieved. 5, TREATMENT OF BLANK WALLS Intent: redure the visual impact of blank walls by providing visual interest , A. Blank walis visible from the public street longer than 30 feet shafl incorporate two (2) or more of the following , features: i) Vegetarion, such as trees, shrubs, ground cover and/or vines adjacent to the wall surface; , - Page 30 - 10/6/08 ~ 2) Artwork, such as bas-relief sculpture, murals, or trellis structures. 3) Seating area with special paving, lighting fixtures and seasorial plantings; and/or 4) Architectural detailing, reveals, contrasting materials or other special interest, consistent with character of the downtown. ~ • 1 • 6. USE OF NEON Xntent: encourage the use of neon as an architeciural embellishment in keeping with the character of downtown. A. Neon may be atlowed to emphasize unique building features. B. Neou may be used as artwork or as p,raphic symbols that portray the nature of the business, provided that no written words shall be allowed. 7. PARKiNG STRUCTURES Intent: reduce the visual impact of slructured parking located above grade ~ G A. At ground level, free-standing parking structures shalt comply with ' guidelines addressed under `Ground Level Details.' B. Upper levels of structured parking should be screened or treated architecturally by two or more of the following: ~ 1) Roughly square openings rather than horizontal, or elements that lessen the rectangular opening. 2) Planting designed to grow on the fapade 3) Louvers 4) Expanded metal panels 5) Decorative metal grills or artwork I . 6) Spandrel (opaque) glass i 7) An element, as approved by the City, which meets the intent of this section. C. Lighting fixtures within garages should be screened from view from the street. - ' D. In order to provide a safer environment, pazking struchve illumination should be designed to a maximum uniformity ratio (proportion of average ~ to minimum illumination) of 4:11 - Page 31 - 10/6lO8 g, SCREEIVING ROOFTOP EQUIPMENT ' Intent: screen rooftop tnechanical and communications equipment fi'om the ground level of neurby streets and residential areas . A. Mechanical equipment shatl be screened by an extended pazapet wall or• other roof forms that are integrated with the architecture of the building. B. Painting of equipment and erectii►g fences are not acceptable 0"d1 methods of screenirtg, althougk a screen wall is acceptable and it , must be incorporated into the archiiectural design of the structare. C. The installation of Wffeless Access Points by the City is permitted however thought should be given to location to minimize the visuat impact of equipment if extended vertical(y from the roof. GUIDELIIVE,SIIPPLICABLE TOAUBURIVTZJNCTION , Sigr2 Peqigia r.•: . W,;.. LANDMARK SIGNS 1. Intent: preserve the unique character of the downtown A. Retain existing historic signs (as determined by rhP .0*v) that fPa+,irP the chazacter of the area, wherever possible. ' ~~~.5i~ {".4' .L~ . ..;.~2i-+^• ' 2,. I'NTEGRATION WITH ARCHITECTURE and not add~tive or an Intent: ensure that signage is a part of the overall desigtt o, f a pro1ect a. . ' aflerthought A. The design plans for buildings and sites shall identify locarions and sizes for future signs. As tenants instali signs, such signs shall be in . conformance with an overall sigi program that ~ allows for advertising which fits with the architechual character, proportions, and details of the ~ . development. The sign program shall indicate location, size, and general design. - Page 32 - ; 10l6/08 B. New signs should not project above the roof, parapet or exterior wall unless part of an integral architectural feature. Signs mounted on a roof aze not allawed. 3. CREATIVITY Intent: encourage interesdng, creative and unique approac, to the design of signage A. Signs should be highly graphic in form, expressive and individualized. Signs should convey the product or service offered :•~p:_ the business in a bold, graphic form B. If a projecting sign is designed by a graphic design professiona and inctudes a non-verbal, three-dimensional symbol that succinctl; , conveys the nature of the business and consritutes a dominant proportion of the overall design, the sign may be allowed to exceed the maximum area otherwise altowed by 50%. 4. GROUND SIGNS Intent: ensure that signs are not principally . oriented to automobile traff c A. All freestanding signs shall be ground (monument) signs no higher - .,..ri chan five (5) feet. B. The azea around the base of any ground sign shall be planted with shrubs and seasonal flowers. C. Internally-lit signs are protubited except when located adjacent and oriented to Auburn Way North/Aubum Way South street frontages and only with elecaonic message center signs in accordance with Auburn ' CitY Code ChaPter 18.56 Signs. If an intemally lit sign is urilized, the sign shall also conform to all other applicable standards for changing message center signs as described in this same chapter. Event Advertis'vag - Page 33 - 10/6/08 ADDITIONAL GUII)ELINES D,9VEL0pME11TADJACEVI'TO PEDVSTRIA~S'I'REE?S-. . -AZ1BUPWJUNC7I0N iSite Des1'9rir.~ PEDEST.RIAN ST-REETS (Fxhihit A) LIMITATIONS ON DRNEVVAl'S Intent: maintain a continuous sidewalk by . yninimizing driveway access A. Curb cuts aze prolsibited on Main Str'e Str ~DS 1 e°~~ a hQWever luu'rted t the fewesta cess available. Curb cuts on other Pedestrian I P points. 2. LOCATION OF PARKING Intent: reduce the visual impact ojparking and enhance the pedestrian experience . A. parlcing shall be located under or behind buildings or within struchu'es. B. On Pedeslrian I Streets, surface parking is not permitted between the building front and the right-of- way. 3,' LOCATION OF DRIVE-"1'HROUGH LANES Intent: preserve a safe and comfortable pedestrian experience A. Drive-through lanes are not allowed between che building. ' ' and the public right-of-way on Pedestrian I Streets. - Page 34 - 10/6/08 ADDITIONAL G UI➢ELINES DEVELOPMENT ADJACENl' TO PEDESTRIAN S"T'REETS - A UB U,WJLT~TCT1011i . Uids Dadhn 1. LAND USE " Intent: ensure a rich, uninterrupied ~nixture aj ' lively activities aimed at pedestrians A. Along Pedestrian I Streets, ground floor uses that face the sidewallc shall be retail, restaurant or personal service uses. 2, PROXIMITY TO SIDEWALK Intent: reinjorce an active pedestrian, experience along Pedestrian Streets • N A. Buildings atong Pedestrian Streets shall be se , - immediately at the back.ofthe sidewalk, with the exception of providing open space for public- use such as plaaas, courtyazds and seating areas• - B. Conirol of water run-off from canopies/awnings is encowaged. y :i.~ . . r~!:i+ ' ~ . 3, GROUND LEVEL TRANSPARENCY ' r Intent: provide a visual connection behveen activities inside and oulside of buildings A. Along Pedestrian I Streets> a minimum of 70% of any , ground floor faqade (between tv+o (2) feet and 12 feet above ~ gade) facing a sireet or gublic space shall be comprised of clear, "vision" glass. B. Along Pedestrian Ii Streets, a minimum of 60% of any ground floor far,ade (between two (2) feet and 12 feet above - Page 35 - 10/6/08 grade) facing a street or public space shall 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, WEATHER PROTECTION Inient: 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 four (4) feet. The vertical dimension b.etween 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 shali be of shed or mazquee style, except that bowed awnings may be used over arched windows. lucent with trans «Bubble" awnings and backlit awminbs materials are not permitted. D. Weather protection can be combined with the method used to achieve visual proininence at entcances. B. If constructing covered wallcways, then the height may exceed 12 feet. -Page36- 10l6/08 ADD17702VAL GUIDEZINES'DEVELOPIVIENTAD,JACEN7'TO1'EDES'I'RUINSZ'REET'S`- A UBURZs1 JZJNCTION . . . . . . . . ~ 1. PEDESTRIAN ORTEl!TTELTION Intent: provide signs that activate and strengthen the pedestrian realm i A. Signs shali be primarily oriented to pedestrians, rather than people in vehicles. The following are tyQes of signs are ~ encouraged aiong Pedestrian Streets: 1) Blade signs (projecting aver sidewallc) . ' 2) Window signs (painted on glass or hung behind glass) . 3) Logo signs (symbols, shapes) 4) Wall signs over entrance. B. Pole signs and monument or ground signs are not permiued on Pedestrian Streets. C. Signs shail be evaluated with respect to size, scale, re2ationship to other signs, function, location and other factors. - Page 37 - 1016108 Exhibit A . : ~ _ - . _ . ~ . - - . . . : . . _ . : . . , , . . . . . , . . : . . : . ~ . . . . , ~ : : : . . ; . - - . . . , ~ nh, • ~z' y~ . .r~ °t' " ..,:x:e••~ . . _ } • ,.S' i: .t ~ : , . ; , . . . : - . . . . . . . ~ , ~ - . . ' . : i. . . < , " ' ~l' •~I`• _ . 1 . ' . . . . . • . ~ W . . . ~ , . : ~ . . ~ ' . . . . . . . . ::...s: ~ . • . . s . , . . . ' . . , . _ . . . ~ . ~ . , , ~ a . . . . . . . . . . . : . Z ' : , ~ ' . , . M, . . . . . . . ~ : ~ ~ i • . ~ . . . . . . . ' . I ~ ' ~ . . . . - . . , . ~ ~g;~r,.;2 s~ $#f3~ -Page38- 10l6108 . . EXFIIBTT "G" . Development Schedule Phase 1- September 2412 Phase 2 - September 2012 . Phase 3 - September 2013 Phase 4 - September 2014 - Page 39 - 10/6/08