HomeMy WebLinkAboutITEM II-A-1.:UB~J
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4195 authorizing the Mayor to sign a Date: June 18, 2007
Development Agreement between the City of Auburn and BTH, LLC, to
allow the construction of a 48 unit condominium project known as
"Sunndalen Condominiums"
Department: Planning, Attachments: proposed Budget Impact: None
Buildin and Communit develo ment a reement
Administrative Recommendation: City Council conduct a public hearing on the proposed development
agreement.
Background Summary: Chapter 14.21 of Auburn City Code allows the City of Auburn to enter into a
Development Agreement with a property owner when "There are instances when a property owner has a
property or a development plan that warrants considerations of alternatives in how the development
should proceed and in what standards should be used because of unusual property characteristics or
different development factors." The property under consideration in the Sunndalen proposal is an 8.5 acre
parcel located on the east side of 104th Ave. SE at Green River Road and features sensitive
environmental features including a small wetland, steep slopes and natural vegetation. The site is
designated as Single Family Residential in the City's Comprehensive Plan, which allows residential
development at densities up to 6 dwelling units per acre. The site is currently zoned LHRS, Lea Hill
Residential Suburban.
BTH, LLC, the developers of the property, have proposed a 48 unit condominium project that will result in
lesser impacts to the site than would result if it were to be developed with a single family residential
subdivision at the same density of approx. 6 dwelling units per acre. The developers have requested the
City enter into a Development Agreement to allow the site to be developed with eight 6-unit structures, as
depicted in the various exhibits included with the agreement.
The proposed project and development agreement have been reviewed by both the Public Works and
Planning and Community Development Committees of the Council. A Final Mitigated Determination of
Nonsignificance was issued by the City's Responsible Official on May 7, 2007. The SEPA action includes
two mitigation measures addressing utilities and road access issues.
Pursuant to ACC 14.21, the City Council must conduct a public hearing on a proposed Development
Agreement prior to taking action. At the conclusion of the hearing, the Council may either approve, deny,
or return the proposed development agreement to Council Committees for further discussion.
03.6
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ®Building ^ M&O
^ Airport ^ Finance ^ Cemetery ® Mayor
^ Hearing Examiner ^ Municipal Serv. ' ^ Finance ® Parks
O Human Services ®Planning & CD ®VRFA ® Planning
^ Park Board ®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 Until _/_/_ ',
Councilmember: Norman Staff: Osaki
Meetin Date: June 18, 2007 Item Number: II.A.1
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CITY OF AUBURN -BTH LLC
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of
the day of 2007 by and between BTH LLC, a limited liability
corporation (referred to herein as the "Developer"); and the CITY OF AUBURN, a State of
Washington municipality (the "City"), and Kathrine Hansen, legal owner of the property (referred
to herein as the "Owner").
WITNESSETH:
WHEREAS, Washington State law (RCW 36.706.170-200) permits and allows local
jurisdictions to enter into development agreements to address situations where conventional
development requirements may not accommodate the development in a way that best serves
the needs of the local jurisdiction and the development; and,
WHEREAS, the City of Auburn adopted Chapter 14.21 of the Auburn City Code to allow
the City to consider development agreements consistent with State law; and
WHEREAS, the Developer desires to develop certain real property it is purchasing from
Owner, as hereinafter described, for the construction and development of the project hereinafter
described, in accordance with the development standards designated in this Agreement; and,
WHEREAS, pursuant to the authority provided in Sections 36.706.170-200 of the
Revised Code of Washington (RCW) and Auburn City Code 14.21, the parties hereto have
agreed to enter into this Agreement to set forth the terms and conditions of the development on
the Properties in order to protect and more fully delineate such development rights; and,
WHEREAS, in connection with the proposed Development, the Developer and the City
recognize that the scope and term of the planned developments under this Agreement
accomplish the statutory aims of comprehensive, orderly planning and development within the
City, thus providing benefits to the citizens and residents of the City exceeding any derogation
Sunndalen Development Agreement
Page 1
from the City's zoning powers for the duration of the Project and provide public benefits through
the donation and set-aside of those public facilities described and identified in this Agreement;
and,
WHEREAS, staff members of the City have reviewed the Development Standards
provided for herein and concur that they are appropriate; and
WHEREAS, pursuant to RCW 36.706.170-200 and Auburn City Code 14.21.050, a
public hearing was held on the 18th day of June 2007; and
WHEREAS, THE City Council has taken into account the public comment presented at
the public hearing; and
WHEREAS, this Development Agreement has been reviewed and approved by the City
Council of the City of Auburn, which has determined that this Development Agreement appears
to be in the bests interests of the City of Auburn;
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants of the
parties contained herein, and pursuant to RCW 36.706.170-200 and Auburn City Code 14.28,
THE PARTIES HERETO AGREE as follows:
SECTION 1. DEFINED TERMS
Terms not otherwise defined herein have the meaning set forth in 36.708.170 RCW, the
provisions of which are incorporated herein by reference.
SECTION 2. PURPOSE
The Developer is under contract to purchase and develop certain real property owned by
Kathrine Hansen, consisting of approximately 8.53 acres of land, more or less, located within
the City, for the development of the Sunndaten Condominiums ("The Project"), in accordance
with the development regulations designated in this Agreement.
Sunndalen Development Agreement
Page 2
Pursuant to the Laws of the State of Washington, 36.706170 RCW; and Auburn City
Code 14.21, the parties hereto have agreed to enter into this Agreement to set forth the terms
and conditions of the development of the Project, in order to set forth the development
standards and other provisions that shall apply to and govern the development, use, and
mitigation of the development of the Project for the duration specified in this Agreement. The
parties agree that this Agreement shall be enforceable during its term by either party hereto.
However, nothing contained herein shall require the Developer to proceed with the project, or
prevent the Developer from discontinuing the project, at any time the Developer determines that
for economic reasons, marketing reasons, or any other business related reason, Developer
determines it is not in its best interest to proceed. In such event, the Developer shall notify the
City in writing and all agreements made herein and all terms hereof shall terminate, the parties
hereto shall be released from all requirements hereunder, and .the real property identified in
Section 3 below shall be free from any encumbrances, requirements, or use restrictions arising
from this Agreement.
The Developer also desires to obtain from the City in connection with the development of
the Properties assurances (i) that the property is appropriately zoned, (ii) that upon receipt
of its development and construction permits it may proceed with the development and
construction of the Project, and (iii) that with entry into this Agreement, the development rights
provided for herein will be vested for the duration of the Project, which the City does hereby
agree to and guarantee for a period not to exceed ten (10) years from the date of execution of
this Agreement. The City further agrees to issue all permits required, provided they are
consistent with this Agreement.
In connection with the proposed Project, Developer and the City recognize that the
scope and term of the developments under this Agreement accomplish the statutory aims of
comprehensive planning and orderly development within the City, thus providing benefits to the
citizens and residents of the City exceeding any derogation from the City's zoning powers for
the duration of the Project, and provide public benefits through the construction of those public
facilities described and identified in this Agreement.
SECTION 3. THE PROPERTIES
Sunndalen Development Agreement
Page 3
"The Properties" consist of the parcel described in Exhibit A, which is hereto attached
and incorporated herein by reference.
SECTION 4. PARTIES
The "City" is the City of Auburn, a State of Washington municipality, exercising
governmental functions and powers pursuant to the laws of the State of Washington and Auburn
City Code. The principal office is located at 25 West Main Street, Auburn, Washington 98001-
4998.
The Developer, BTH, a Limited Liability Corporation, has its principal offices at 2106
East Main Street, Auburn, Washington 98002. Any reference hereafter to "Developer" shall be
deemed to include all successors and/or assigns of BTH, LLC.
SECTION 5. THE PROJECT
The planned Project is the Sunndalen Condominiums, an age 55 and over development
of 48 market rate condominium units distributed in eight (8) individual buildings. The Project will
include the following features:
A. Eight three-story, 6-unit structures with parking provided under each building;
B. A walking path along the perimeter of the property, including a gazebo for
homeowners to use;
C. Common grounds featuring a combination of natural and developed vegetation;
D. A boulevard site entrance and security gate;
E. Natural wood perimeter fencing, no greater than 6 feet in height, constructed along
the north and east property lines;
F. A minimum of two parking stalls per dwelling unit provided in garages under each.
building;
G. A minimum of one visitor's parking stall per unit;
H. Entry signage;
I. On-site detention pond;
J. Preserved buffers adjacent to a wetland located at the southwest corner of the
property.
Sunndalen Development Agreement
Page 4
SECTION 6. CERTAINTY OF DEVELOPMENT AGREEMENT
6.01 Development Agreement Deemed Controlling. This Agreement, once recorded:,
including all of the exhibits attached hereto and incorporated by this reference, and any terms,
conditions, maps, notes, references, or regulations which are a part of the Agreement, shall be
considered enforceable elements of the Auburn City Code. In the case of an explicit conflict
with any other provisions of the Auburn City Code, or any other Auburn laws, rules or
regulations, this Agreement shall take precedence. .Unless otherwise addressed and
referenced in this Agreement, the City's ordinances, resolutions, rules and regulations, and
official policies governing permitted land uses, density, design, improvement, and construction
standards applied to this Project shall be those City ordinances, resolutions, rules and
regulations, and official policies in force at the time of the execution of this Agreement.
However, mutual execution of this Agreement constitutes acknowledgement and agreement by
the City that the terms set forth herein meet all such regulations, etc.
6.02 Subsequent Actions. No changes to the City's policies, rules or regulations
occurring after entry into this Agreement shall change the terms hereof. However, this
Agreement shall not prevent the City from denying or conditionally approving any subsequent
development project application on the basis of such new rules, regulations, and policies.
6.03 Changes in the Law. In the event that state or federal laws or regulations, enacted
after this Agreement has been entered into, prevent or preclude compliance with one (1) or
more of the provisions of the Agreement, and must be applied retroactively to this Project, such
provisions of the Agreement shall be modified or suspended as may be necessary to comply
with such state or federal laws or regulations in accordance with the modification procedures in
Section 13.
6.04 Reserved Authority. Pursuant to RCW 36.706.170(4), the City reserves its
authority to impose new or different regulations to the extent required by a serious threat to
public health or safety.
Sunndalen Development Agreement
Page 5
SECTION 7. COMPREHENSIVE PLAN
The Project as proposed is in material compliance with the planning goals and objectives
of the City, as set forth in the City of Auburn Comprehensive Plan adopted by City, as amended
in December 2006. The project density of 5.63 dwelling units per acre is consistent with the
Plan designation of Single Family Residential.
SECTION 8. APPROVED USES & STANDARDS FOR DEVELOPMENT
8.01. Permitted Uses. Permitted uses for the planned Project are:
A. Eight (8) six-unit condominium buildings;
B. Walking trail and gazebo;
C. Visitor parking lots;
D. Stormwater pond and associated facilities;
E. Partial perimeter fencing;
F. Landscaping and native vegetation areas;
G. Entry signage.
8.02 Building Height. No structure shall exceed a height of 35 feet, as measured from
the highest point of finish grade on the uphill side of a structure. Building structure height shall
otherwise be measured as defined in Auburn City Code.
8.03 Setbacks. Site development shall occur generally consistent with the site plan
depicted in Exhibit B. No structure shall be located less than 25 feet to any property line.
8.04 Parking Provisions. A minimum of two parking stalls per unit shall be provided
underneath each building within a parking garage. A minimum of one visitor's parking stall per
unit shall be provided on the site generally as depicted on the site plan.
8.05 Landscaping. A landscaping plan shall be prepared as part of construction
drawings that incorporates the following features:
Sunndalen Development Agreement
Page 6
• Wherever reasonably possible, the preservation of significant trees as defined in
Auburn City Code;
• Preservation of existing vegetation within the southern portion of the property and
in particular, within the required wetland buffer;
• Plantings compatible with the sight distance easement along the northwest portion
of the property.
8.06 Signs. A community entrance sign may be placed near the entrance to the site.
The sign shall be constructed of wood with natural stone accents, shall not exceed 32 sq. ft. in
area, 10 ft. in height and shall not violate sight distance triangles as required by City of Auburn
development standards.
8.07 Public Facilities/Infrastructure. The following types of public facilities and
infrastructure will service the Project: domestic water, sewer, storm water system, road and
related improvements, and other eligible components, set forth as follows:
A. Off-Site Sanitary Sewer: installation of an 8 inch diameter line, extended to site from
100th Avenue S.E., up the Green River Road to the site, dedicated to City. The line
shall not extend beyond the connection to the project ,however, the developer agrees
to be responsible for their frontage share of the cost should the sewer be extended by
a future development for a period of 5 years.
B. On-Site Sanitary Sewer: constructed by Developer and dedicated to the City, with
necessary easements for City access and maintenance.
C. Water: connection to the existing water line on 104"' Ave SE, to enter the site at the
boulevard entrance and tie back into 104th Ave. SE to provide a loop. The line will be
dedicated to the City upon completion, along with the necessary easements for City
access and maintenance.
D. Storm infiltration system: Storm pond will be constructed to accommodate storm
detention per City standards. The future Homeowners' Association shall maintain the
pond and outflow drainage pipe.
E. Offsite modified road improvements: i) construction of a southbound left turn lane in
104th for vehicles entering the site; ii) providing a school bus turnout on 104th at the
northeast quadrant of the site access intersection; iii) providing a 10 ft. wide shoulder
on the east side of 104th north of the site entrance; iv) Taper lane (no curb or gutter)
Sunndalen Development Agreement
Page 7
on the east side of 104th south of the site entrance (all road widening will occur on the
east side of the street); v) restriping 104th will include 11 ft. wide north- and south-
bound through lanes, plus the 12 ft. wide southbound turn lane mentioned in #1
above; vi) installation of street lighting. along the property frontage and also at the east
side of the intersection of 104th and Green River Road; vii) deferral of half-street
improvements south of the boulevard entrance..
F. Onsite driveway grades shall not exceed 15% slope.
G. All site improvements shall occur is substantial conformance with the preliminary civil
engineering plans for the above-described infrastructure drafted by Taylor Engineering
Consultants, dated March 9, 2007. A copy of said plans are on file with the City. In the
event of any conflict or discrepancy between said plans and the provisions of this
Development Agreement, this Agreement shall prevail.
8.08 Developer's Obligations. Nothing in this Section shall be deemed to alter the
obligation of the Developer to obtain all building permits necessary before the commencement
of each phase of the development of each of the Properties. However, no additional applications
shall be required for variances, deviations, or deferrals related to or in furtherance of the
Development Standards agreed to herein.
SECTION 9. ENVIRONMENTAL PROCEDURE
This Agreement is a project as defined by the Washington State Environmental Policy
Act (SEPA). A Mitigated Determination of Non-Significance was issued on April 16, 2007 in
compliance with the Environmental procedures as outlined in -the City of Auburn City Code,
Chapter 16.06 and is attached hereto as Exhibit "C".
SECTION 10. DEVELOPMENT PHASES/ PERMIT & IMPACT FEES
Construction of the planned Project shall commence with construction of the infrastructure,
followed by building construction and on-site improvements on a per phase basis. Full
construction shall be completed in phases based upon sales. This Agreement shall be valid and
enforceable, and vest in the Developer all rights granted hereunder, for a period of ten (10)
years from the date of execution. Construction will be completed in 4 phases. Enclosed as
Exhibit "D" is a site map detailing each phase, which map is incorporated by this reference. The
Sunndalen Development Agreement
Page 8
timing of construction of each phase will be determined by market and sales conditions.
However, nothing contained in Section 10 shall preclude any of the phases from commencing
simultaneously.
1) Phase 1 includes all offsite improvements, including:
i) Road improvements
ii) Sanitary sewer extension to site
iii) Electrical and other utilities to site
iv) Installation of five Street lights on 104th Ave. SE adjacent to project.
2) Phase 2 includes on-site improvements necessary for construction of buildings 1, 2 and 3
as follows:
i) Grading and excavation
ii) Entrance improvements
iii) Landscape construction
iv) Private road construction
v) Water, storm and sanitary sewer and electrical service to buildings 1, 2 and 3
vi) Construction of buildings 1, 2 and 3.
3) Phase 3 includes on-site improvements necessary for construction of buildings 4 & 5 as
follows:
i) Extension of private road to buildings 4 and 5
ii) Extension of water, storm, sanitary sewer, and electrical service to buildings 4 and 5
iii) Landscape improvements
iv) Construction of buildings 4 and 5
4) Phase 4 includes on-site improvements necessary for construction of buildings 6, 7 and 8
as follows:
i) Extension of private road to buildings 6, 7, and 8
ii) Extension of water, storm, sanitary sewer, and electrical service to buildings 6, 7 and
8
iii) Landscape improvements to phase 4 site
iv) Construction of buildings 6, 7 and 8
SECTION 11. IMPACT FEES
The impact fees for this project, were determined using the "55 and over" classification
of housing. The following fees will be paid based on 48 units:
Sunndalen Development Agreement
Page 9
Traffic Mitigation: (LUC252) 48 units at $273.40/unit = $13,123
Parks: 48 units at $3,500/unit = $168,000
Valley Regional Fire Authority: 48 units at $306.47/unit = $14,711
School Impact fees: Not applicable for age 55 and older classification
Impact fees shall be paid by the developer for each unit at time of issuance of the
building permit for that unit.
SECTION 12. FUTURE HOMEOWNERS' ASSOCIATION
The Developer intends to establish a Homeowners' Association (HOA) for the purposes
of long-term management of common areas and facilities within the Project. The Developer also
intends to establish Covenants, Conditions and Restrictions (CC&Rs) to guide the management
of these common areas. The City shall review and approve the proposed CC&Rs prior to
recording to ensure they provide adequate provisions for the maintenance of common areas
and facilities, including the proposed storm drainage system. Failure of the HOA to provide
adequate maintenance of the storm drainage system will result in enforcement action pursuant
to Auburn City Code 13.48.440.A.
SECTION 13. GOVERNMENT APPROVALS
Should .the Developer at any time require the approval of any governmental body or
board, other than the City, whether of county, regional, state, or federal jurisdiction, the
Developer shall bear the sole cost and responsibility for obtaining the approval. The City, upon
request by the Developer, shall lend its full cooperation and affirmative support, unless such
cooperation and support would compromise other responsibilities of the City.
Sunndalen Development Agreement
Page 10
SECTION 14. PUBLIC NOTICE AND HEARINGS
The City represents and warrants that it has conducted at least one public hearing and
has published notice of intent to consider this Agreement in accordance with the requirements
of RCW 36.708.200 and Auburn City Code 14.21.050.
SECTION 15. AMENDMENT OR MODIFICATION
15.1 This Agreement may be amended or modified in accordance with the requirements of
RCW 36.708.170-200, and other applicable laws, rules or regulations, upon mutual consent of
the parties, which mutual consent shall be evidenced by a written agreement therefore, signed
by the parties hereto,
15.2 The Planning Director may interpret the words and meanings of this agreement in order to
resolve conflicts in interpretation. However, such interpretations shall be subject to legal action
for further interpretation in accordance with Section 18.14.
15.3 Pursuant to Auburn City Code 14.18.090, minor adjustments may be made and approved
by the Planning Director. Minor adjustments are those which do not violate the terms of the
development agreement. Major adjustments are those which, when determined by the Planning
Director, violate the terms of the development agreement. When the Planning Director
determines a change constitutes a major adjustment, an amendment to the development
agreement is required and the process is the same as a new application.
SECTION 16. PERIODIC REVIEW
This Agreement may be reviewed by the City periodically, at which review the
Developer, or successor in interest thereto, may be required to demonstrate good faith
compliance with this Agreement.
The body to conduct such review shall be the Planning and Community Development
Committee of the Auburn City Council.
Sunndalen Development Agreement
Page 11
SECTION 17. RESULTS OF PERIODIC REVIEW
17.01. If the Planning and Community Development Committee has reason to believe
that the Developer may not be complying with the terms of this agreement, written notice
specifying the non-compliance shall be given to the Developer and the Developer shall have
thirty (30) days to bring the project into compliance.
17.02 Public Hearing. If the Planning and Community Development Committee
(PCDC) has reason to believe that the Developer has not brought the project into compliance
after such written notice, the Planning and- Community Development Committee may conduct a
public hearing at which time the Developer must demonstrate good faith compliance with the
terms of this Agreement. The burden on this issue is upon the Developer. The PCDC shall
determine upon the basis of substantial evidence whether or not the Developer has, for the
period under review, complied in food faith with the terms and conditions of this Agreement.
17.03 Compliance. If the Planning and Community Development Committee finds and
determines on the basis of substantial evidence that the Developer has complied in good faith
with the terms and conditions of this Agreement during the period under review, no further
action is required, except to forward their findings to the City Council. However, if it is
determined on the basis of substantial evidence that the Developer has not complied in good
faith with the terms and conditions of this Agreement during the period of review, the City
Council may order the Project halted until such time as the Developer brings it into compliance
with the terms hereof.
18. GENERAL PROVISIONS
18.01 Notices. Demands and Communications. Formal notices, demands and
communications between the City and the Developer shall be sufficiently given if and shall not
be deemed given unless dispatched by certified mail, postage prepaid, returned receipt
requested, or delivered personally, to the principal offices of the City and the Developer as
follows:
Sunndalen Development Agreement
Page 12
C~
Mayor
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Developer
BTH, LLC
c/o W. Jay Thorp
2106 East Main Street
Auburn, Washington 98002
18.02 Service of Process. All services of process shall be effective if served in person
or through substitution on those individuals designated for acceptance of other communication
pursuant to Section 10.01.
18.03 Conflict of Interests. No member, official or employee of the City shall make any
decision relating to the Agreement which affects his or her personal interests or the. interests of
any corporation, partnership or association in which he or she is directly or indirectly interested.
The Developer warrants that it has not paid or given, and shall not pay or give, any third
person any money or consideration for obtaining this Agreement.
18.04 Non-Liability of City, Officials, Employees, and Agents. No member, official,
employee or agent of the City of Auburn shall be personally liable to the Developer, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Developer or successor or on any obligation under the terms of this
Agreement.
18.05 Plans and Data. If the Developer defaults or fails to comply with the
requirements hereof, and the default or failure is not properly cured after a hearing held in
accordance with paragraph 15.02 hereof, ,the Developer shall deliver to the City's Mayor any
and all plans and data concerning any proposed public improvements pursuant to this
Agreement which shall thereafter be the property of the City at no additional cost to the City.
18.06 Provisions Not Merged with Deeds. None of the provisions of this Agreement are
intended to or shall be merged by the Statutory Warranty Deeds of the Property.
Sunndalen Development Agreement
Page 13
18.07 Title of Parts and Sections. Any titles of the Parts, Sections or Subsections of this
Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any part of its provisions.
18.08 Hold Harmless. The Developer shall indemnify and hold harmless the City and
their officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or
arising out of the negligent act or omission of the Developer, its officers, agents, employees, or
any of them relating to or arising out of the performance of this Agreement. If a final judgment is
rendered against the City, its officers, agents, employees and/or any of them, or jointly against
the City and the Developer and their respective officers, agents and employees, or any of them,
the Developer shall satisfy the same to the extent that such judgment was due to the
Developer's negligent acts or omissions.
18.09 Enforcement, Rights and Remedies Cumulative. This Agreement shall be
enforceable by the City, applicant, or successor-in-interest notwithstanding any change in any
applicable general or specific plan, zoning, subdivision, or building- regulation adopted by the
City which alters or amends the rules, regulations, or policies specified in this Agreement.
Enforcement may be through any remedy or enforcement method or process, or combination
thereof, allowed under law and/or equity. Except as otherwise stated in this Agreement, the
rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or
more of these rights or remedies by either party shall not preclude the exercise by it, at the
same time or different times, of .any right or remedy for the same default or any other default by
the other party.
18.10 Right of Entry. During the life of this Agreement and until all improvements
required under this Agreement to be completed are completed, the Developer shall grant to the
City, its agents, employees and representatives the right of entry on to the Property during
normal business hours.
18.11 Real Estate Commissions. Neither party shall be responsible to the other for any
real estate commissions or brokerage fees which may arise- from this Agreement or otherwise
be incurred by the other party.
Sunndalen Development Agreement
Page 14
18.12 Applicable Law. This Agreement shall be interpreted under and pursuant to the
laws of the State of Washington. Venue for any legal action brought hereunder shall be in King
County Superior Court.
18.13 Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions shall continue in full force and effect unless the rights and obligations of the
parties have been materially altered or abridged by such invalidation, voiding or
unenforceability.
18.14 Legal Actions. In the event any legal action is commenced to interpret or to
enforce the terms of this Agreement, or to collect damages as a result of any breach of the
Agreement, the party prevailing in any such action shall be entitled to recover against the party
not prevailing all reasonable attorney fees and costs incurred in the action.
18.15 Binding Upon Successors. This Agreement shall be binding upon and inure to
the benefit of the heirs, administrators, executors, successors in interest and assigns of each of
the parties hereto except that there shall be no transfer of any interest to any of the parties
hereto except pursuant to the terms of this Agreement. Any reference in this Agreement to a
specifically named party shall be deemed to apply to any successor heir, administrator, executor
or assign of such party who has acquired an interest in compliance with the terms of this
Agreement, or under law.
18.16 Parties Not Co-ventures. Nothing in this Agreement is intended to or does
establish the parties as partners, co-venturers, or principal and agent with one another, nor
employees and/or employers of each other.
18.17 Warranties. The City expresses no warranty or other representation to the
Developer other than those expressed within this Agreement, as to fitness or condition of the
Property.
Sunndalen Development Agreement
Page 15
18.18 Reasonable Approvals. The approval of a party of any documentation or
submissions herein called for shall not be unreasonably withheld unless the text clearly
indicates a different standard. All such approvals shall be given or denied in a timely and
expeditious fashion.
18.19 Recordation. Within 10 days after the effective date of this Agreement, or any.
modification or the cancellation thereof, the City Clerk shall have this Agreement, the
modification or cancellation notice recorded with the County Recorder of King County.
18.20 Execution of Other Documentation. The City and the Developer agree to execute
any further documentation that may be necessary to carry out the intent and obligations under
this Agreement.
18.21 Complete Understanding of the Parties. This Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original. This Agreement consists of 16
pages and four attached Exhibits and constitutes the entire understanding and agreement of the
parties.
Sunndalen Development Agreement
Page 16
DATED this day of 2007.
CITY OF AUBURN
Peter B. Lewis
Dated:
DEVELOPER- BTH, LLC
W. Jay Thorp -Member
Phillip R. Birk -Member
Douglas LHodson -Member
Danielle Daskam, City Clerk
Sunndalen Development Agreement
Page 17
EXHIBIT A
Legal Description of Property
Lots 12, 13, and 14 of C.D. Hillman's CD Auburndale Division No. 1, less 104th Avenue SE and
that portion lying westerly of 104th Avenue SE.
Sunndalen Development Agreement
Page 18
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~~~~~~1 ~I Peter B. Lewis, Mayor
+yfi~ - WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000
FINAL
MITIGATED
DETERMINATION OF NON-SIGNFICANCE
SEP06-0036
DESCRIPTION OF PROPOSAL: Development Agreementfio allow the construction of a 48
unit condominium project in 8 separate structures on an approx. 8.O acre site, known as
"Sunndalen Condominiums."
PROPONENT: Jay Thorp
LOCATION: Northeast corner of Green River Road and 104' Ave. SE.
LEAD AGENCY: City of Auburn
MITIGATION MEASURES:
1. In order to facilitate future maintenance access, water and sanitary sewer facility
structures shall not be located on steeply graded internal roads/driveways.
2. Due to the steep slopes on the site, geotechnical engineering reports shall be required
for each building at the time of building permit application.
- The lead agency for this proposal has determined that it does .not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS} is not required
under RCW 43.21 C.030(2)(c): This decision was made after review of a completed
environmental checklist and other information on file with the lead agency. This information is
available to the public'on request.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATE ISSUED: Mav 7, 2007
David Osaki, AICP
Interim Director of Planning, Building and
Community Development
25 West Main Street
Auburn, WA 98001
(253) 931-3090
SIGNAT E` ~~
UR .
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can only be made by the legislative or administrative body vested with that
authority. The proposal is required to meet all applicable regulations.
Any person aggrieved of thjs final determination may file an appeal with the Auburn City
Clerk within 21 days of the date of issuance of this notice. All appeals of the above
determination must be filed by 5:00 P.M. on Mav 29, 2007 with required fee.
Atj$URN * MORE THAN YOU IMAGINED
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