Document Redmond_doc_775f9ff197

APPEAL APPLICATION FORM - Redmond To file an appeal of a Type I, II, or III decision or a SEPA determination, please complete the attached form and pay the applicable fee by 5:00p.m. on the last day ofthe appeal period. Form submission and payment must be by PERSONAL DELIVERY at City Hall 2nd Floor Customer Service Center c/o Office of the City Clerk-Hearing Examiner, 15670 NE 851h Street. Contact the Office of the Hearing Examiner with process questions at [PHONE REDACTED]. Standing to Appeal: • Appeal to the Hearing Examiner of a SEPA determination -Any interested person may appeal a threshold determination, adequacy of a final EIS, and the conditions or denials of a requested action made by a nonelected City official based on SEPA. No other SEPA appeals shall be allowed. • Appeal to the Hearing Examiner of an Administrative, Technical Committee or Design Review Board Decision (Type I or II)- the project applicant, owner, or any person who submitted written comments (party of record) prior to the date the decision was issued may appeal the decision. The written appeal and the applicable fee must be received by the City of Redmond's Office of the Hearing Examiner no later than 5:00 o.m. on the 141h calendar dav following the date of the decision. • Appeal to the City Council of a Hearing Examiner (or Landmarks and Heritage Commission) decision on an application (Type III) -the project applicant, owner, City staff, or any person who established themselves as a party of record prior to or at the public hearing. The written appeal and the applicable appeal fee must be received by the City of Redmond's Office of the Hearing Examiner no later than 5:00 o.m. 10 business days following the exoiration of the Hearing Examiner's (or Landmarks and Herital!e Commission's) reconsideration period. Should the appellant prevail in the appeal, the application fee will be refunded (City ofRedmond Resolution No. 1459). The application fee will not be refunded for appeals that are withdrawn or dismissed. Hearing Examiner or City Council decision on appeal may be appealed to Superior Court by filing a land use petition which meets the requirements set forth in RCW Chapter 36. 70C. The petition must be filed and served upon all necessary parties as set forth in State law and within the 21-day time period as set forth in RCW Section 36.70C.040. Requirements for fully exhausting City administrative appeal opportunities must be fulfilled. Please continue to page 2 to select your appeal type. (Staff Use Only) &'ilg,:rcreu1:'lED File No: CITY OF REDMOND Date Received: Receipt No. NOV 3 0 2017 OFFICE OF THE HEARING EXAMINER ---PAGE BREAK--- 0 Appeal to the Hearing Examiner of a SEPA determination RZC 21. 70.190(E). (Please be sure to understand the tvpe of SEPA appeal vou are filing, and if a further appeal to the underlving action is needed.) ~ Appeal to the Hearing Examiner of an Administrative, Technical Committee or Design Review Board Decision (Type I or II) RZC 21. 7 6. 060(!) 0 Appeal to the City Council of a Hearing Examiner (or Landmarks and Heritage Commission) decision on an application (Type III) RZC 21. 7 6. 060(M) Section A. General Information RTC 74th Street Property, LLC; G&l VII Redmond Town Center LLC; Name of Appellant: G&l VII Redmond Retail LLC; and G&l VII Redmond Development LLC Address: c/o Larry Martin, Davis Wright Tremaine LLP, 777- 1 08th Avenue NE, Suite 2300 State: Washington 98004-5149 City: Bellevue Zip: Email: [EMAIL REDACTED] Phone: (home) _ _ (work) _64_6_-6_15_3 (cell) Name of project that is being appealed: Redmond Town Center Apartments File number of project that is being appealed:_B_L_D_-2_0_1_6-_0_95_5_8 _ Date of decision on project that is being appealed: N_ov_e_m_b_e_r _17_,_2_0_17 _ Expiration date of appeal period: _ What is your relationship to the project? G Party of Record 0 Project Applicant 0 Govemment Agency Pursuant to the Redmond Zoning Code, only certain individuals have standing to appeal a decision on application or appeal (See page 1 above). Below, please provide a statement describing your standing to appeal, and reference all applicable City Code citations. RTC 74th Street Property, LLC is the project applicant and property owner. G&l VII Redmond Town Center LLC; G&l VII Redmond Retail LLC; and G&l VII Redmond Development LLC are parties of record and, as successor owners of Redmond Town Center, are entitled to exemptions from, and/or credits against, transportation and park impact fees wrongfully denied as offsets against transportation and park impact fees charged as a condition of issuance of building permit BLDG-2016-09558. Page 2 of 4 ---PAGE BREAK--- Section B. Basis for Appeal Please fill out items 1-4 below. Reference all applicable City Code citations and attach additional sheets if necessary. I. Please state the facts demonstrating how you are adversely affected by the decision: See Attachment A 2. Please provide a concise statement identifying each alleged error of fact, law, or procedure, and how the decision has failed to meet the applicable decision criteria: See Attachment A If appealing a Hearing Examiner decision: Please provide the findings of fact or conclusions (as outlined in the Hearing Examiner's decision) which are being appealed: Not applicable Page 3 of 4 ---PAGE BREAK--- 3. Please state the specific relief requested: See Attachment A 4. Please provide any other information reasonably necessary to make a decision on the appeal: See Attachment A Do not use this form if you are appealing a decision on a: • Shoreline Permit (must be appealed to the State Shoreline Hearings Board RZC 21.68.200(C)(6)(b)) • Shoreline Variance or a Shoreline Conditional Use Permit (must be appealed to the State Shoreline Hearings Board RZC 21.68.200(C)(6)(c)) • Hearing Examiner decision on a SEPA appeal (not an appealable action as successive appeals are not allowed RZC 21. 70.190(D)) • City Council approval or denial (must be appealed to Superior Court RZC 21. 76.060(Q)) Page 4 of4 ---PAGE BREAK--- ATTACHMENT A TO APPLICATION FOR APPEAL REGARDING BLDG-2016-09558 1. Please state the facts demonstrating how you are adversely affected by the decision: The City of Redmond wrongfully required RTC 74th Street Property, LLC ("RTC") to pay impact fees in excess of two million dollars as a condition of obtaining a building permit for its development project, Redmond Town Center Apartments. The fees consist of a park and open space impact fee in the amount of $826,492.14 and a transportation impact fee in the amount of$ 1,229,445.23 ("Impact Fees"). As explained below, these fees are subject to legally required exemptions and/or credits ("Credits") for the benefit of each of the appellants that, if properly applied, would have eliminated the requirement to pay these fees. The appeal is directed at the City requirement that the Impact Fees be paid as a condition of obtaining Building Permit BLD-2016-09558 ("Decision"). The Decision adversely impacted Appellants by causing them to incur the costs of the Impact Fees and lose the benefits of the Credits that are shared by the Appellants through contractual rights and obligations arising from the purchase and sale ofthe Redmond Town Center Apartments development site. G&l VII Redmond Town Center LLC, G&I VII Redmond Retail LLC and G&I VII Redmond Development LLC (together, own the retail-mixed use portion of Redmond Town Center. As a condition of approval of the Redmond Town Center Master Plan, the City of Redmond required that extensive public improvements and dedications of land be provided as mitigation for the environmental impacts of full development of Redmond Town Center. The mitigation included the requirement that streets and related transportation improvements then identified in the City's capital facilities plans be designed, constructed and dedicated to the City. Payment of"pro-rata shares" of the costs of other planned future street improvements identified on the City capital facilities plans was required. As a condition of approval of the Redmond Town Center Master Plan, the project was required to set aside and improve extensive public open space lands, including 44 acres of public open space land improved with walking and biking trails and other facilities for use by the public. At the time this mitigation was required, the land and facilities were identified as "Bear Creek Open Space" in the City's parks and open space capital facilities plan. All of this mitigation was provided concurrent with occupancy of the first phase of Redmond Town Center, construction ofwhich was authorized by Building Permit# 2385-95 issued February 1, 1996. Upon taking title to the Redmond Town Center Property, G&I became subject to the requirements of, and entitled to receive the benefits of the permits and approvals the City issued for development of the property. These property rights include the right to Credits arising from the extensive transportation and parks/open space mitigation provided to the City as a condition of the Redmond Town Center development approvals. The purpose of the Credits as provided for in state and local law is to avoid the unlawful requirement of duplicative mitigation for the same impacts. Credits are required to satisfy the standard of fairness mandated by State and 4818-6406-1271 v .I 0098779-000002 ATTACHMENT A ---PAGE BREAK--- local laws, including but not limited to RCW 82.02.020; RCW 82.02.100; RCW 82.02.060(4) and RMC 3.10.060 and and RMC 2.10.130 and (See Attachment G&I sold an undeveloped parcel of property within Redmond Town Center consisting of a portion of ParcelS in the Redmond Town Center Master Plan to RTC. In connection with the sale, G&I and RTC entered into an agreement to share the monetary benefits ofthe Credits. RTC has obtained a building permit for construction of256 residential apartment units, a parking structure and related building areas totaling 234,399 SF. The project is known as Redmond Town Center Apartments. Redmond Town Center Apartments constitutes a phase of residential development that is a part of the full development provided for in the Redmond Town Center Master Plan. On several occasions during RTC's Site Plan Entitlement review process, Suzi Morris, RTC's Senior Vice President, asked for and received assurance from City staff members that payment of transportation impact fees would not be required in connection with RTC's project given RTC's agreement with G&I to share Credits for transportation mitigation that has already been provided. A specific method of accounting for use of the Credits tied directly to the volume of traffic generated by development in the form of "trip credits" was outlined in a memorandum from RTC's transportation engineer. Late in the approval process, the City reversed its position, advising that a transportation mitigation agreement entered into in 1996 has the effect of eliminating Credits against transportation impact fees for current development projects. (See Attachment G&l submitted written comments to the City regarding the impact fees and requested that Credits be given as to both the transportation impact fee and park and open space impact fee. In its submission, G&I noted nothing in the transportation impact mitigation agreement called for a limitation on the legal right to receive Credits. No City comment was ever provided as to the request for Credits in the case of park and open space impact fee. Ultimately, the City did not apply any Credits in reduction of the Impact Fees. Payment ofboth the full transportation impact fee and the full park and open space impact fee was required as a condition of issuance of the building permit. The fees were paid in full on November 17, 2017. The right to appeal imposition of the Impact Fees was preserved through filing of a written notice of payment under protest concurrent with payment of the fees. (Receipt for payment and notice of payment under protest are appended at Attachments D and 2. Please provide a concise statement identifying each alleged error of fact, law, or procedure, and how the decision has failed to meet the applicable decision criteria: A. The City erred in its Decision by failing to exempt the Redmond Town Center Apartments Project from its park and open space impact fee, and/or by failing to provide credits in reduction of the park and open space impact fee. Exemption and credits are required by RCW 82.02 and the RMC provisions related to impact fees, because of the extensive park and open space system improvements provided to the City. Redmond Town Center Apartments is a phase of development of the Redmond Town Center Master Plan. The SEPA mitigation was required by the City as a condition of approval of the Redmond Town Center Master Plan. The mitigation was expressly identified by the City in its approval actions as mitigating all impacts of full build- out of the Master Plan. 2 4818-6406-1271v I 0098779-000002 ATTACHMENT A ---PAGE BREAK--- B. The City erred in its Decision by failing to exempt the Redmond Town Center Apartments Project from its transportation impact fee, and/or by failing to provide credits in reduction of the transportation impact fee. Exemption and credits are required by RCW 82.02 and the RMC provisions related to impact fees, because ofthe extensive transportation improvements provided to the City in complete mitigation of impacts ofthe master planned development under SEPA. Redmond Town Center Apartments is a phase of development ofthe Redmond Town Center Master Plan. The SEPA mitigation was required by the City as a condition of approval of the Redmond Town Center Master Plan. The mitigation was expressly identified by the City in its approval actions as mitigating all impacts of full build-out ofthe Master Plan. C. The City erred in its Decision by interpreting the RMC provisions related to impact fees in a manner that results in "double dipping", i.e., requiring the project to construct system improvements, dedicate land and pay fees under SEPA authority to mitigate impacts, and then charging the development again in the form of impact fees imposed upon a phase of the same development project. D. The City erred in its Decision by treating the Redmond Town Center Apartments Project unfairly with respect to comparable development projects in violation of the standard of fairness and proportionality imposed by RCW 82.02, the RMC provisions related to impact fees and state and federal constitutional guarantees of the right to due process of law and just compensation for takings. Comparable projects were required either to mitigate impacts under SEPA, with exemption and/or credits against impact fees, or were not required to mitigate under SEPA and only charged impact fees. Redmond Town Center Apartments has been required to pay impact fees for development that is a part of the same master planned project that has already mitigated the same impacts under SEPA. E. The City erred in its Decision by applying the RMC provisions related to impact fees to the Redmond Town Center Apartments Project in a manner that fails to comply with WAC 365-196-850 and RCW Chapter 82.02 in that the ordinances, as interpreted and applied, do not comply with the State limitation on the grant of taxing authority that expressly conditions the authority to impose impact fees on the local jurisdiction providing for credit for mitigation under SEPA in the city ordinances that impose impact fees. The City misinterpretation of its ordinances in the case of the Redmond Town Center Apartments Project effectively eliminates any exemption and/or credit for prior SEPA mitigation and thus puts the local ordinances in conflict with the express state limitation on authority to impose impact fees. The ordinances should be interpreted in a manner that comports with State law. F. The City erred in its Decision by misinterpreting the Redmond Town Center Traffic Mitigation Agreement entered into in 1996 ("Mitigation Agreement") by treating it as being the source of Appellants' right to exemption and/or credits against impact fees for SEPA mitigation, and having eliminated the statutory prohibition against arbitrary or duplicative impact fees, and the statutory requirement to provide Credits for prior SEPA mitigation of impacts. The Mitigation Agreement was entered into prior to the City adoption of ordinances that imposed impact fees. There is no mention of impact fees or credits, and no express waiver of rights stated in the Agreement. The source of the Appellants rights to be exempt from, and/or 3 4818-6406-1271 v .I 0098779-000002 ATTACHMENT A ---PAGE BREAK--- receive credits against impact fees for SEPA mitigation is State law that authorizes impact fees, and the City Code provisions that implement that taxing authority. (See Attachment G. The City erred in its Decision by acting arbitrarily, capriciously and unlawfully by denying Appellants' requests to be exempt from, or receive credits against, park and open space impact fees by ignoring the fact that full SEPA mitigation of impacts upon public open space and recreation needs was provided as a condition of approval of the Redmond Town Center Master Plan and by failing to provide any rationale whatsoever for such action. (See Attachment 3. Please state the specific relief requested: A. The Hearing Examiner should reverse the Decision and direct the City to refund the full amount ofthe Impact Fees to the appellants. 4. Please provide any other information reasonably necessary to make a decision on the appeal: The monetary value of available Credits requires that the Impact Fees be fully refunded as will be demonstrated through evidence presented during the hearing of the appeal. 4 4818-6406-127lv.l 0098779-000002 ATTACHMENT A ---PAGE BREAK--- RCW 82.02.050 Impact fees-Intent-Limitations. I) It is the im..:n1 df the- kgisL:; _trc: To ensure that adequate facilities are available to serve new growth and development; To promote orderly growth and development by establishing standards by which counties, cities, and tow11s may require, by ordinance, that new grovvth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and To ensure that impa t fee:- urc imp • d through proc~e'dures ,mel critL·ria that specific dew! pment do JK1t pay arbitmry tees nr duplicaLi e fec:·s th.: ~ame unpact. ATTACHMENT B ---PAGE BREAK--- RCW 82.02.060 Impact fef~-Local ordinance~Required pro isioo . The loc::~l rdinancc hy which impact lt>e<- arc impos d: Shall inc! ude a schedule of impact fees which shall be adopted for each type of development activity that is subject to impact fees, specifying the amount of the impact fee to be imposed for each type of system improvement. The schedule shall be based upon a formula or other method of calculating such impact fees. In detennining propmtionate share, the formula or other method of calculating impact fees shall incorporate, among other things, the following: The cost of public facilities necessitated by new development: An adjustment to the cost of the public facilities for past or future payments made or reasonably anticipated to be made by new development to pay for particular system improvements in the fonn of user fees, debt service payments, taxes, or other payments eannarked for or proratable to the particular system improvement; The availability of other means of funding public facility improvements; The cost of existing public facilities improvements; and The methods by which public facilities improvements were financed; May provide an exemption for low-income housing, and other development activities with broad public purposes, from these impact fees, provided that the impact fees for such development activity shall be paid tl:om public funds other than impact fee accounts; May provide an exemption from impact fees for lmv-income housing. Local governments that grant exemptions for low-income housing under this subsection may either: Grant a partial exemption of not more than eighty percent of impact tees, in which case there is no explicit requirement to pay the exempted portion of the fee from public funds other than impact fee accounts; or provide a full waiver, in which case the remaining percentage of the exempted fee must be paid from public funds other than impact fee accounts. An exemption for low- income housing granted under subsection of this section or this subsection must be conditioned upon requiring the developer to record a covenant that, except as provided otherwise by this subsection, prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restTictions and household income limits for the low-income housing, and that if the property is converted to a use other than for low-income housing, the property ow11er must pay the applicable impact 1ees in effect at the time of conversion. Covenants required by this subsection must be recorded with the applicable county auditor or recording officer. A local government granting an exemption under subsection of this section or this subsection for low-income housing may not collect revenue lost through granting an exemption by increasing impact fees unrelated to the exemption. A school district who receives school impact fees must approve any exemption under subsection of this section or this subsection Sh~tll rm\ ide a credit t\>r the'\ aluc: tll an~, tb.:lication of Ltnd (I r. improvement tu. or nev\· t:OllSITU lion of an~ system impruvement<; pr,1vided by the Jn elc'jk'L !O f'ac:Jitie~ that are identified in the capital i"acilities plan aJhl that arc requir(·d by the count . cit\. or !1)\\ll a condition of approving the de\ ck)pmem activity~ ATTACHMENT B ---PAGE BREAK--- Shall allcm the count~. city. or n imp ing trl\. imr••t.:t adiu~t the tandan.l imra t fee at the time the fcc impo ed tu C( n ider unusual nrcum ances in specific c ase~ to en ure that impact tee~ ar · imposcct iuirly; Shall include a provision for calculating the amow1t of the fcc to be imposed on a particular development that pennits consideration of studies and data submitted by the developer to adjust the amount of the fee; Shall establish one or more reasonable service areas within \Vhich it shall calculate and impose impact fees for various land use categories per unit of development; and May provide for the imposition of an impact fee for system improvement costs previously incurred by a county, city, or town ro the extent that ne\V growth and development Viii I be served by the previously constructed improvements provided such fee shall not be imposed to make up for any system improvement de±J.ciencies. For purposes of this section, "low-income housing" means housing with a housing expense, that is no greater than percent of eighty percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States department of housing and urban development. [ '10 C 1Q( 1 ] l (ln i ' , . I ' ' ·1 - - - J S a . • I l t. • • _ • ' • • 2 ATTACHMENT B ---PAGE BREAK--- RCW 82.02.100 Impact fees-Exception, mitigation fees paid under chapter 43.21C RCW. ( l) A person requi1\.'d to p a tec- pu uanl to RCW shall nut be required to ray an im act fee under RCW same-.;) Sh.'m imprO\ement . A person installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee. The exempted fire operations impact fee shall not include the proportionate share related to the delivery of emergency medical services. [ 2011 c J; I § 3: 19c_(~ c 2!9 ~ 2 ] ATTACHMENT B ---PAGE BREAK--- RCW 82.02.020 State preempts certain tax fields-Fees prohibited for the development of land or buildings -Voluntary payments by developers authorized-Limitations-Exceptiufis. Except only as expressly provided in chapters 67.28, 81.104, and 32.14 RCW, the state preempts the field of imposing retail sales and use taxes and taxes upon parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the r·ight to impose taxes of that nature. Except as prov1ded 1n RCW and th1·ougn , no county. Ctt)', town, or other municipal cot·por·atlon shall1rnpose any tax. fee, or· charge, e1ther d11 ector indirect, on the constr"uction or reconstructron of resrclential buildings. cornrnerc'al buridings, or or-any other or space or appurtenance therew, or on the deve:opment. or ~-eclassifrcatiOn of land. However, this section does not preclude dedications of land or easements within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the pmposed development or plat to which the dedication of land or easement is to apply. ATTACHMENT B ---PAGE BREAK--- RMC ~.10.06(1 Exemptions from tbe reqtdrement to pa) impact ft·t•s. The f,JJ!rm ing dnelopment acti\ itie~ an' c:x.empt from tile requirement to Ray .'-ome or aU 0f hl' fire. park. ;;ch('OI. ;:!lei tran portatiun impact le(·s reill1ired b' this chapter: Accessory dwelling units approved by the City under Redmond Zoning Code Section 21.08.220, Accessory Dwelling Units, or its successor, are exempt from the payment of all impact fees . The alteration, reconstruction, remodeling, or replacement of existing buildings or structures, including mobile homes or manufactured homes, shall be exempt fTom the requirement to pay all impact fees; provided, that all of the following conditions are met: For nonresidential structures or the nonresidential portion of mixed-use structures, no additional gross t1oor area may be added; For residential structures or the residential portion of mixed-use structures, no additional d\\'elling units may be added; For all structures, the alteration, reconstruction, remodeling, or replacement must create no additional demand on fire, park, school, or transportation systems; For all structures, no change in use may be proposed: and For replacement structures, the being replaced must have been demolished or moved outside the boundaries of the City of Redmond. The construction of accessory structures where no additional fire, park, school or transportation demand will occur over and above that produced by the principal building or use of the land shall be exempt from the requirement to pay all impact fees. Parking garages and building spaces that are solely to park motor vehicles that are not for sale, lease or rent, or part of a stock in trade, are exempt from the requirement to pay all impact fees. The conversion of parking garages or vehicle parking areas exempted by this subsection to other uses requires the payment of impact fees. Temporary uses and structures authorized by Chapter 21.46 of the Redmond Zoning Code, Temporary Uses, or its successor, are exempt limn the requirement to pay all impact fe.es. Where ~1 i-cc has tJr~\ iou:"ly been p~id t~•r tbc dc\ acti\it) under the State hl1\i r nmenral Polic: Act k,r all of the "~stem improvement for \\hich impact fees are imp :sed b: this chapter. the activity shall he e empt ti·orn the payment of all impart t\:'es pursuunt to RCW 1. hert' u fee pn.:vil'Ltsl: paid l~H· the dcwlopmenl ac tivity unde1 SLPA clt)e~ tlPt co\er ails:- tem impr \ cmeill!' t~1r hich an impa t fd under thi:- chapter. an fce -:redit shall be given w ensure thar the- Cit: is not collecting both SEPA. and impat.:t ft'CS 1~)r the same s. srem improvements. ATTACHMENT B ---PAGE BREAK--- Development activity undetiaken by the City of Redmond shall be exempt from the payment of all impact tees in consideration for the City's contribution toward fire, park, and transportation system improvements from the City's other funds and in recognition of the lack of impact from City development activities on the school system. Development activity that is not exempt from the requirement lt) pa: a! I impact fee-,: may qualif) for impact fcc: credits or adju~lllK'nts pursuant 1o Ri\JC - . (Ore!. 2610 § I (part), ~011: Ord. 2587 ~ 2 (Jartl, 2Ull). 2 ATTACHMENT 8 ---PAGE BREAK--- 3.10.130 Credits and adjustments to required impact fee payments. Credits. Required impat:t ke~ shall reJuc b) the t\.>J]ovving credits, \\lll:'rt· they apply: Credit l~)r Conveyance of Land fur and/or Con truction or' Jmpro ement . Whenever a apprO\- a] is concliti(lned llJX111 a devcloper·s com·e ance of land tix amlio · constru tion ofspet:ifi~:'d :stem impwvement . the developer shall be entitled to a credit against the impat~ t fee that would be imposed tc1r the \alue of the land or property interet couw:ved and/or the actual C1 JSt I' r The land value or cost of construction shall be estimated at the time of development approval and shall be based on acceptable evidence and documentation. The evidence and documentation shall be reviewed and, if acceptable, approved by the Administrator. When land is proposed for conveyance, the person required to pay impact fees shall present property appraisals prepared by qualitl.ed professionals. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assw:e that an accurate credit amotmt is provided. The amount of the credit shall be equal to the fair market value of the land conveyed and/or the actual cost of the system improvement constructed; provided, that: The amount of credit granted shall not exceed the impact tee amount allocated by the City toward that cost of the improvement; ii) The amount of credit granted shall not exceed the amount of the impact fee the developer is required to pay; and (iii) lfthe land value or construction cost is less than the calculated fee amount, the difference remaining shall be chargeable as an impact fee :tor the facility for which the land, system facilities, or improved system facilities were provided. No credit shall be given tor project improvements or for land or right-of-way devoted to project improvements. In certain cases a system improvement may function as a project improvement. Where a system improvement functions as a project improvement, the person vvho is required to pay impact fees shall only receive a credit for the amount of the improvement that functions as a system improvement. Credit against impact fees otherwise due will not be provided until: The construction, dedication or implementation is completed and accepted by the City ofRedmond, or a jurisdiction which has an interlocal agreement with the City under the terms of this section, or the State, v.rhichever is applicable~ (ii) Acceptable financial security is received and approved by the Administrator of the City of Redmond, when applicable; and ATTACHMENT B ---PAGE BREAK--- (iii) All design, construction, inspection, testing, financial security, and acceptance procedures are in strict compliance with the then current City of Redmond design and construction standards, \Vhen applicable. Adjustm nt . The Administrator may adjust the required impact f~e-, where the Administrator detenmnes that one of the following circumstances cxi:>ts and that the di. count incluckd in the tmpact fee formula fails to adjust !'or the en\lr in the calculation or to ameliorate the unfairness or the tee: The person re~u ired to pay the impact fee demonstrates that an impact fee \\:ls incorrectly computed: or C) The person require.._! tc) pa\ the imt)act fcc demon tratcs 1.hat unusual · make the tandard impact tee appli~~d to the de,cloprnentunCair or unjust. fhc:;e circum tan e shall not be cir umstances gene l applicabk to ~imilar tyjk's of land u~cs or generalJy applicable tn de' e lnpm.:m aL'li vi tie" in the ':ici nity. c· nusual circum tance. rna) include that the de\ c:lopmcn' activit:· \\ill have ks'- impa<.:t on the S) tern imprn mem(::, tor \\hicl1 the impact J(:e is im_po ed than the other dcvel pl'llent activities in the ~nme categor:. 2 ATTACHMENT B ---PAGE BREAK--- Martin, Larry From: Sent: To: Cc: Martin, Larry Monday, July 18, 2016 5:32 PM [EMAIL REDACTED] Subject: Rob Odie ([EMAIL REDACTED]); Sarah Vanags ([EMAIL REDACTED]); Andrew Peltz ([EMAIL REDACTED]); Peter Janoff ([EMAIL REDACTED]); Steve Hansen Redmond Town Center Impact Fee Credits Jim- A while back we spoke very briefly about transportation impact fee issues related to Redmond Town Center (RTC). want to let you know that park impact fees are also involved. Here is a synopsis of relevant facts: • Redmond Town Center (RTC) was approved as a master planned mixed-use development with construction to occur in phases over time. • Under SEPA authority, the City conditioned approval of the full build-out of the RTC Master Plan by requiring that 46 acres of land be reserved for public open space and passive recreation use, and that the area be improved through construction of trails and other facilities. Perpetual public use and access was assured through recorded deed restrictions. • Under SEPA authority, the City required that extensive road improvements be designed, constructed and dedicated to the City. Required mitigation also included payment of "pro-rata shares" of the cost of future street improvements to be constructed by the City and WSDOT. Over $5 million was paid in pro- rata share mitigation in addition to the cost of designing and constructing street improvements. • All of the mitigation required for full-build out was provided concurrent with, or shortly following occupancy of the first phase of RTC. • DRA Advisors is the successor to Town Center Associates, the master plan developer, having acquired title to the retail-mixed use portion of RTC that contains the remaining undeveloped parcels in the master planned development area. • Lowe Enterprises purchased a parcel of land in RTC from DRA for multifamily residential development. Residential development is a component of the RTC Master Plan. The Lowe project is the first multifamily development that will occur in RTC. • State and local laws prohibit the city from imposing GMA impact fees to mitigate impacts that have already been mitigated under SEPA. DRA and Lowe have negotiated terms of an assignment by DRA to Lowe of ORA's rights to offset impact fees that would otherwise be due upon issuance of a building permit for Lowe's development. • Lowe and DRA have sought confirmation from the City that, given the mitigation that has already been provided, transportation impact fees will not be required in connection with Lowe's project. • We are also seeking confirmation that park fees will not be assessed against the Lowe development based on the full mitigation of impacts upon park and recreation facilities which has been provided as identified above. Staff members have requested your advice on issues arising from our request for confirmation as to transportation impact fees. We ask that you include the related issue of relief from payment of park impact fees as well when discussing this with your client. Thank you for you work on this. Regards, ATTACHMENT C ---PAGE BREAK--- Larry Larry Martin 1 Davis Wright Tremaine LLP 777 108th Avenue NE, Suite 2300 1 Bellevue, WA 98004 Office: (425) 646-6153 1 Cell: (425) 283-3886 Email: larrvmart1n@dwtcom 1 Website: WNW dwtcom Anchorage I Bellevue I Los Angeles I New York I Portland I San Francisco I Seatlle I Shanghai I Washington, D.C. 2 ATTACHMENT C ---PAGE BREAK--- Original message From: Min Luo Date: 06/10/2016 8:47AM (GMT-08:00) To: "Morris, Suzi" <[EMAIL REDACTED]>, "Michael Read, PE" , "Skone, Colin" <[EMAIL REDACTED]>, Chris Nagamine <[EMAIL REDACTED]> Cc: Jeff Haynie <[EMAIL REDACTED]>, "Paulette M. Norman" <[EMAIL REDACTED]>, Sarah Vanags <[EMAIL REDACTED]> Subject: RTC Trip Credit Transfer Agreement Hi Suzi, The City staff had a chance to re-visit the Redmond Town Center Traffic Mitigation Agreement signed on 3/8/1996 . In the l sl paragraph on the 2"d page, it states:'· It is also intended that fulfillment by TCA of the requirements of this Agreement shall constitute complete satisfaction of all City requirements upon Redmond Tmvn Center, including all future phases of Redmond Town Center through the year 2010 consistent with the Redmond Town Center Master Plan and the approval for File No. 95-014. insofar as such requirements are related to mitigation of impacts upon transportation facilities." The city staffwho have institutional knowledge ofthe Redmond Tovvn Center Master Plan development and the Redmond Town Center Traffic Mitigation Agreement interpreted that Redmond Town Center Traffic Mitigation Agreement had expired by 201 0; therefore, the remaining traffic credits from Redmond Town Center are no longer valid and cannot be used/ transferred. I understand you are at post PREP 90% stage and this interpretation may sound like a surprise: however I will find time to have the City's attorney review the Redmond Town Center Traffic Mitigation Agreement and confirm City's staff interpretation. I will try to schedule a meeting with the City's attorney next week. At the meantime, I would recommend conducting a Phase 2 Traffic Study to satisfy the Transportation comments, but it is your call to choose to wait to hear from the City's attorney or to start the Phase 2 Traffic Study immediate I y. Thanks. ATTACHMENT C ---PAGE BREAK--- Min Luo, P.E., PTOE, PTP ; r - [EMAIL REDACTED] 1 Redmond.gov NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account is a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. 2 ATTACHMENT C ---PAGE BREAK--- ( f VIA EMAIL AND REGULAR MAIL October 25, 2016 Mr. Larry Mattin Attorney at Law Davis Wright Tremaine LLP 777- 1 08th Avenue NE, Ste 2300 Bellevue, W A 98004-5 I 49 OGDEN MURPHY WALLACE, PLLC 901 FIFTH AVENUE, SUITE 3500 SEATTLE, WA 98164-2008 Re: Redmond Town Center Traffic and Park Impact Fees Dear T .arry: T [PHONE REDACTED] F [PHONE REDACTED] OMWLAW.COM James E. Haney j haney@omwlaw. com J have been asked by the City of Redmond Technical Committee to provide you with a brief explanation of the Technical Committee's decision on transportation impact fee credits for Redmond Town Center. As J understand it, DRA has assetted that it is entitled to a credit against the City's transportation impact fees based on its construction of roadway improvements as part of Town Center Phase I under a Traffic Mitigation Agreement entered into in 1996. The Technical Committee disagrees. The 1996 Traffic Mitigation Agreement expressly stated that it was intended only to cover mitigation for Town Center development through 2010 and that it was not applicable to development after that date. In addition, only "system improvements" quality for impact fee credits under RCW 82.02.060 and RMC 3. I 0. I 30 and the improvements constructed by Town Center do not qualify as system improvements because they are not included in the City's capital facilities plan at the time the impact fees are being imposed today and have· not been included in the plan since they were completed many years ago. Finally, the Technical Committee understands that DRA wishes to claim credits based upon the number of unused trips that were anticipated to be generated by the original Town Center development, while RCW 82.02.060 and RMC 3.10.130 limits credits to the value of land dedicated for system improvements and the cost of construction, and RMC 3.10.130 further limits the credit to the amount of the City's impact fee that is currently allocated to the improvement for which the credit is claimed. The City's current impact fees do not allocate any portion of the fee to the improvements constructed under the Town Center Traffic Mitigation Agreement so even if a credit was otherwise allowed, the credit would effectively be zero. { .J EH I 509 55 8 DOCX; l/00020.900000i900000 } ATTACHMENT C ---PAGE BREAK--- Lany Martin October 25, 2016 Page 2 My understanding is that the Technical Committee's decision will become final upon issuance of the currently pending development permit and that Lowe's may pay the impact fee under protest at that time and appeal. I also understand that the Technical Committee will be make a decision on the park impact fees in short order and that the decision will be conveyed lo you as soon as it is made. Let me know if you have any questions. very truly yours, cc: 1. Paulette Norman Min Luo (JEH 1509558.DOCX, 1/00020 900000/900000 } ATTACHMENT C ---PAGE BREAK--- _ , _ r Cj N ~ ~ c L~ c i C) I . I 'l Filed for Record at the request of: Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND, WA 98073-9710 • • • Redmond Town Center SPR 95-037 flECEi'/ED TillS DAY THIS SPACE RESERVED FOR hffill!JW!fO'§?ff,t REDMOND TOWN CENTER TRAFFIC MITIGATION AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF REDMOND. a Washington mWlicipal corporation (the "City"), and TOWN CENTER ASSOCIATES, a Washington general partnership ("TCA RECITALS TCA is the O\>ncr of the real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "TCA Property"), and TCA is the ground lessee of the real property more particularly described on Exhibit 8 attached hereto and incorporated herein by this reference (the "Buller· Walls Property"). TCA has applied or will to the City of Redmond ("the City") for land use and construction approvals required to construct a mixed usc development on the TCA Property and the Butler-Walls Property ("Redmond Town Center"). Redn1ond Town Center is more particularly described in the master plan and site plans that have been filed with and approved by the City. The City prepared and issued an addendum to previously prepared environmental impact statements in accordance with the Washington State Environmental Policy Act, including a detailed L"3ffic study in a technical appendix to the addendwn. These docwnents arc referred to collectively in this Agreement as "the Environmental Docwnents." The Environmental Documents identify impacts to the transportation system which arc expected to occur as a result oftrame generated by Redmond Town Center. The Environmental Documents also identity those transportation system improvements that can be made to mitigate the impacts of the Redmond TO\\TI Center. Redmond To\m Center was reviewed in the Environmental Documents and by the City Council in a full build out condition with I ,3 75,000 square feet of gross leasable area of commercial uses generating a total of 2,363 PM peak hour trips ("Full Build Out"). Transportation system mitigation requirements were imposed by the City to mitigate the transponation system impacts associat~-d with Full Build Out of Redmond Town Center. TCA has been required to, and is. constructing, prior to the opening of the first phase of Redmond Town Center, all of the transportation system mitigation required to mitigate the system impacts for the Full Build Out of Redmond To\m Center. ---PAGE BREAK--- · 1 _ r I ~ ' j I • • • , Ple11~ Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 nEDMOND, WA 98073-9710 :n C'l 0 0 The City has issued site plan review approval for City of Redmond File No. SPR 95-014 to permit Phase I of Redmond Town Center to proceed. The City has required as a condition of such approval that mitigation, inciuding tr.lnsportation system impact mitigation, be provided by TCA in order to construct Redmond Town Center. The approval for File No. SPR 95-014 specifics that the mitigation required ofTCA for impacts caused by traffic from Redmond Town Center must be set forth in a written agreement executed by TCA and the City. It is the intent of the City and TCA that this Agreement shall fully satisfy the requirement that a traffic impact mitigation agreement be entered into. It is also intended that fulfillment by TCA of the requirements of this Agreement shall constitute complete satisfaction of all City requirements upon Redmond Town Center, including all future phases of Redmond Town Center through the year 20 I 0 consistent with the Redmond Town Center Master Plan and the approval for File No. 95-014, insofar as such requirements arc related to mitigation of impacts upon transportation fucilities. The City has entered into an agreement with King County pursuant to which the City and County have agreed to implement a system for funding capital improvements to mitigate impacts upon the SR 520/SR 202 intersection through collection of fees from developers whose projects will generate traffic that will travel through the intersection (the "SR 520/SR 202 Impact Fcc"). The City has required, and TCA is willing to agree to, payment of the SR 520/SR 202 Impact fcc in the amount of forty-Six Thousand Six Hundred Seventy-Five and No/100 Dollars ($46.675.00) in addition to the payments provided for in this Agreement TCA 's obligation to make this mitigation payment will be evidenced by its execution of the SR 520/SR 202 Traffic Mitigation Agreement attached as Exhibit C to this Agreement. NOW. THEREFORE, in consideration of the City granting land usc and construction approvals required to construct and occupy Redmond Town Center, and in order to mitigate impacts upon public transportation facilities which arc anticipatcd·to result from Redmond Town Center. TCA and the City agree as follows: I. In order to mitigate short term and long term transportation impacts caused by the construction of Redmond Town Center, TCA shall the transportation improvements described on Exhibit D attilched hereto and incorporated herein by this reference. These improvements shall be designed and constructed in accordance with appropriate City standards. All the improvements described in Exhibit D shall be completed prior to issuance of any occupancy permits except for the dual left tum lanes from Redmond Way onto !70th Place N.E. If TCA is making reasonable progress toward completion of the improvements but completion has been delayed due to unforeseen circumstances which arc not the fault of TCA, the City shall consider alternative means of addressing the completion of the required improvement proposed by TCA. If the City concludes that any 5Uch alternative means and performance by TCA is sufficient to assure such completion within the shortest possible time and to assure that all transportation impacts caused by the construction ·or Redmond Town Center and intended to be mitigated by the improvements arc reduced to acceptable levels pending completion of the improvements. then the City may issue certificates of occupancy for Redmond Town Center notwithstanding that the required improvements have not been completed. - 2- ~ l ATTACHMENT C . · . . . ' ' I • • ! • ' ' · . ' _ ---PAGE BREAK--- r J. • • • flleas,e Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND. WA 98073·9710 2. TCA shall pay to the City, at the time of building penn it issuance for Redmond Town Center, Two Hundred Twenty-Nine Thousand Two Hundred Seventy-Seven and No/100 Dollars ($229,277.00), to mitigate all transportation impacts cNatcd by Redmond Town Center that are not otherwise addressed and mitigated by this Agreement. These funds may be spent by the City for transportation system improvements as the City deems appropriate, but the funds shall only be used for transportation system improvements in the City Center area of Redmond as delineated in the City of Redmond Comprehensive Plan. Notwithstanding the provisions of RCW 82.02.020, TCA shall not request and the City shall not be obligated to return all or a portion of these funds if they arc not spent within five years of the date of collection. To the extent necessary to avoid repayment to TCA pursuant to RCW 82.02.020, TCA assigns and conveys to the City any and all rights TCA may have to reimbursement under RCW 82.02.020. 3. Prior to or at the time of occupany of the first phase of Redmond Town Center, TCA shall dedicate to the City the streets and right-of-way described on Exhibit E attached hereto and incorporated herein by this reference. As part of the dedication of the right-of-way for the planned N 72nd Street bridge over the Sammamish River, TCA shall provide a "Deed of Right" to King County to complete the land com'l:rsion/rep lac~mcnt begun in 1987 to construct the N.E. 72nd Street bridge. TCA shall cooperate with the City to revise this land conversion and provide additional "Deeds of Right" as needed in the future to finalize the required right-of- way dedication to accommodate the planned N.E. 72nd Street bridge. 4. TCA shall have the design and specifications completed, to the City's satisfaction, for dual left turn lanes from Redmond Way to !70th Place N.E. The design shall be sufficient for the project to be ready for construction as a public project. 5. At least sixty days prior to commencement of the Christmas season of each year (defined as the period from Thanksgiving day through New Years day), and at least thirty days prior to any other special event that may occur at or ncar Redmond Town Center and that may require special traffic control. TCA shall submit a traffic control plan to the Transportation Division of the City's Public Works Department. The Transportation Division shall review the traffic control plan in order to assure that traffic congestion and other traffic impacts which \\ill occur during the Christmas season and during such special events arc adequately mitigated. The Transportation Division may approve, approve with conditions, or reject the traffic control plan. Upon approval, TCA agrees to implement the plan for the duration of the Christmas season or special event. 6. This Agreement addresses and clarifies the transportation mitigmtion requirements of the approval grnnu:d for City of Redmond File No. SPR 95-014 and is hereby incorporated inm and shall be deemed a part of the conditions of approvll.l. 7. This Agreement or a memorandum providing notice of this Agreement sball be recorded at TCA 's expense in the public records maintained by the King County Offic.c of Records and Elections. The obligations ofTCA stated herein shall constitute covenants running . 3- . . ' . : ~ . - . " - ---PAGE BREAK--- i- :j I ·j 't I :1 )I ~ C\1 0 0 ~ • • • with the TCA Propcny for the benefit of the City. Such obligations shall be binding upon TCA and its successors and assigns. 8. In any action brought to enforce any of the terms, covenants or conditions contained herein, the prevailing party shall be entitled to obtain from the non-prevailing party, in addition to whatever damages or other relief are sought, itS reasonable attorneys' fees and costs. 9. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. DATED this__%!!_ day of , 1996. TOWN CENTER ASSOCIATES By: WINMAR REDMOND, lNC., its General Partner By£AAf Eddie L. Hendrik.son, President By~~~ Colleen M. Broaddus Vice President and Secretary CITY OF REDMOND Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND, WA 98073·9710 ---PAGE BREAK--- , , • • • City Clerk STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day pcrsol1lll.ly appeared before me EDDlE L. to me !mo1M1 to be the President of WINMAR REDMOND, INC.. general partner of TOWN CENTER ASSOC!A TES, lhe Wo.~hington gmcral partnership thai executed the within and foregoing ins.trument, and acknowledged to me t.lwt he signed the same as his free o.nd act and deed for lhe uses and purposes therein mentioned. GIVEN under my hand and official scallhis.!!!. day of . 1996. Please Return To: CITY OF REDMOND PUBl.lC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 11EDMOND. WA 98073·9710 (Print name of notmy) NOT~ Y PUB~I~ in and~%_Statc of nt My commission expires i • ---PAGE BREAK--- 1- • • • STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this day personally appeared before me COLLEEN M. BROADDUS, to me known to be the Vice-l'residcnt and Sccreuuy of WINMAR REDMOND, INC., general partner of TOWN CENTER ASSOCIATES, the Washington general partnership that executed the within and foregoing instrument, and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of f!latrb , 1996. STATE OF WASHINGTON ) 55. COUNTY OF KING ) {Print name of notafy) NOT~Y PUB~I~ in andjor~~St.ate of Washington, reS\dmg at ...~.tlfa ~.u1tf!l. My commission expires _ _ _ On this day personally appeared before me ()d&YY7~ ~ • to me known to be the m CLv1 oN of CITY OF REDMOND, a Washington municipal corporation, that'cxccutcd the v.ithin and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that~ is authorized to execute said instrument GIVEN under my hand and official seal this 3rdday of ftpr i / , 1996. ~dm~ Please RelUrn To: OJ.J($ Rf.!AADMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 'Sa ncl ra_ L Wl!i r/ rn (Print name of notary) NOTARY PUBLIC in and f9J,the State of 1 Washington, residing at fr e..c.tiU At<:1. My commission expires 3 ·ol S-9Y )0 REDMOND, WA 98073-9710 • 6 _ ---PAGE BREAK--- ' 'I I iiJ 'l :I • • • Exhibit A Legal Description TCA Property TBM" POJtt'IOll or TBif ~Aft m.1 OF 1'B ~ QtWl':D OJ' 11, 'f08UJIIP 25 IICJC'B, liUCZ 5 DS'l', WI:LI.A!IEm XDDIDII, Dl :a:DIQ CXIlDI'l'r, M l'Ot.tOWSt BGil!lml<; mit 1111'DSJ:c:riCII OF 1'B sccmiDLr LlJII OF IIORl'BilUl PACUIC llAILWU a:DQIMft IUCOift ~ 11U wr:B Till Dft I.DI OF Am SICni»J 'mEIIC:Z If~ ALCiftG SAil) SOUDDLl' I.DI 450.71 I'U':I mua so~ u ;ucm: ~ lD l'l:ft S"O :me DDZ PODT or BECIJOI'DIC, SUI) I'OD!t Unte 011 1:U ~ LIJII OF Cl:laftr JIOAD lltQIBD 574 (tuRf WU IIOR'l'BEAST) 1 'mEIICZ SOUtaiiESUJUor .ILOIC Dlll ~ I.DI 'fO 'ml 'liU'1' LllU 01' SUD Dft DI.7 or THlt '1'BZ!IC:Z SOtrnm:III.r ~ SAID 'US'1' I.IQ 200 J'Zft, ltOliZ QR I.ZSI, to 'l:D JIOJt:'1'BD.S'1 Iol:n 07 'ftiK UGB: OF tiU rQa DIII.Dlll3 DU'1'JI%CT llaKBD. l1 ~ .ILOIC Am ~ I.Illl 'fO 'ml aolml I.IQ CIJ' SUD JfOimii:AS'1' DS'%'DU ~ aa.ID accml %oiQ 'fO Oft ~ QOIIIIb OF SUD UCTIOIII ~a ~ .u.o110 :a D.n' l:.Dit sa.m ac:nc:. soo a PDift lO ra:r N~ O"F, XIWS'tiUD ~ UQII'f All) D%%.Dr IU!Da' 07 D%1 •·f'Z'Sr:IC:Z . .IKik?UbiESi"ZlUJ 460 lEft, 1108 oa r.zs6, m !m1Z PODft' CIJ' UCIJOria::lt r::'l ~ EXal"T 'tBOSZ PORTIOliS COtiVEI1tD '1'0 DE ern Or li!:DHO!ID IIY DUDS 1\ECORDitl:l UliDD. 55 JIZCOlU)ING RtnCIZ1U [PHONE REDACTED], [PHONE REDACTED] Mil 91081513351 ALSO 'mAT POR1'ION 01' 'mE WEST BU.1' OF 1'Bit Ql%AR%D OJ' S!CfiOlf 1.2, ~SHIP 2s JfOH:rB, ltAHI3 s DST, ~ liZRIDUB, :or~ la.SBDic:'l'Cif, UlW SOt!'l'HERI.Y or lfotmmuf l'ACXPIC RAIIliU' CDHniiY li.J:c:m' OP' ~ttBER WITH 'l'HAT POR1'ION 01' mt SO!lTBW£ST ~ CIJ' 1'B IICR'l'HU..n' QtWmat or SZC"l'IOH 11, 'rOWNSl!n> 25 IIORTI!, IWfCa 5 Oft, ~ KaUI)Ulf, Ill' n:J1G CCUJI'rX, Ll'DC SOtmiDS'l'J:IIL 01' 'fBI :Uc:m' OJ' Dr J'\:11\ S'!rU% UD JIQID 56 AliD li~ OJ' '1'!11: RIGB: OP WAX JOlt 1lRlDI1C:I JliSDI~ 1RD1DR '3 1 Please Rerum To: CITY OF REDMOND PU8UC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REOMONO, WA 98073·9710 ---PAGE BREAK--- • • • ExbibitB Legal Inscription Butler-Walls Property PORnON or T!m SOtml!AST Qtwt1'D 01" 'nm liDJmniU': QtWt1'ZR )Jill OP 'mE SOtrl'HWI!:S'l' QO'AR'l'Dl or TilE IIOimiEAS'l' ~ aP BZCnOII 12, TCMISliiP 2!5 NOR'l'B, JIANCZ 5 VLST, ~ MI:IUDU!t, Ill nJia CXIIIJr'rr, 'IQ.SBDIC'l'Oif, UDIC 01' :UZ NOR'l'JI PAC%:PIC I\AILJ!OAD (!!NOQlJAI.MU UC£1' OF WA%) HCli.Z PAR'l'I~ D!!SCRIBED AS lOt.LOWS: Al' tHE NO.IU'BiiES1' CORNER 01" SAID ~ QO'AR'l'D OP l'BI B~ QlllUU'E:R; SOtmf 1"10'34" WEST ALONC 'rlm ~ tiD 'l'Eim!OI' A tllS'l'AIICJ! OF 114.03 J'U't '1'0 A l'O.IN'l' Olf tHE SOU'l'HEliLl' HARGill or SUD JtUIJ!OAl) IUGST or WAX AS U !lOW I:Un:l AZm :rm: :rnuz:: POIN'r or a&a:rmr.mc or D2 oz.sc:nBml T.RACr 1 TBENC:Z CO!n'I!WINC SOUTH 1"10'34" wzs.r ALOBG SAil) RXSl' LID l,OS9.411'UT :UZ NOR'1'l!DI.% tiiiE 01' 'mJ: PROPOSZD n.ooti'RU awnmL Alii) PO'rZN%VJ. PJIJUGIU PROPDT% AS D~ IN oel'OUR 1971; TB:ENC:Z .EA.n%1U.Y AliD NO!t%'BDI.l' AI.OI'Il SAID %.llll 'rB!: ~a C0~1 'l'BENC! SOtmf 88"42'43" EAST 233.87 PZZT; THENCE SOtmf 88"40'03" :I.U'r 255.36 'l'BZNC:Z lfOJt:'H 86".21 '38" ZAn 241.54 ~ NORTH 86"18'59" EAST 196.79 l'UTI N 'f'BENC! !IOll'!'B 65"18'35" EAST 114.02 PDT; 'r'HENCl!! NOllT!! 61"25'20" EAST 112.90 l'Eft; 'n!ENC! NOJt:'H 49"46'51" EAST 189.8.2 l'Eft; ~ 'n!ENC! NORTH 49"44'35" EAST 49.19 l'UT; 0 THENCE NORTH 60"13 '31 • EAST 58.36 l'UT; TBENC!: !ICR'm 9"42 '36" WEST 50.02 n:r:tr ~ TBENC! NORTH 7•41'42" US% 72.92 nE'rl THENCE NORTH 15"44'10" EAST 104.76 I'!ET; 'f'BENC!: NORTH 28"42'41" EAST 12.05 HOlm OR LESS, '1'0 ~ SOtr.rmlii.Y KARQDT SAID RAIIoRCAD RICH'l' or W7J AS r: IIOW I:US'l'Sr 'n!ENC! HCR'm 69"08'18" WEST AtOIIl(; SIUD JlAIIJlCAD Rlcm:t' 01" WAY 372.91 J'D'r; THENCE SOtmf 20"51'42" WEST 181.79 FEET; . 'l'HEHCE NCR'm 69"08'12" WEST 408.73 JI'D'l'; THENC! KORTH 23"36'42" EAST 182.00 FEET '1'0 J. POilrr 011 SAID RAILROAD JUQ!tt' 01' WAr AS n" NOW Ul:Sl'S I THENCE !IORXB 69"08'18" WEST ALONG am :RAII.1ICIAII JUCII'l' or wu &99.8! J'D'1' oro 'rim '!'ROE POIM'l' or BEGINNING. TOGR'l'liER lfi'-'l'l: 'l'AAT PORTION or Tlm SOtlTBEAST QOAR'l'D OF THE lfORTIIWEST Qt1AJt'l'ER AND tHE ~OAR'l'!R OF THK NORTHEAST QllAA'l'!R OJ: SI:C'TIC!f 12, TOW!!SHIP 25 NORTH, IIAifGJ: !5 I'!AST, WII.I.AJ!E'l'l'E MERIPIAN, Ill IOltG COtmn, WASHitiCTON, DESCRIBED AS J'OLLOIISt Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT. CHPWE 15670 N E. 85TH STREET P.O. SOX 97010 REDMOND. WA 98073·9710 B-1 ; ~ · • • • ~ • • l ATTAC ~ . - . . ---PAGE BREAK--- 1- 1- • • • CCHKEKCINC A'.r 'l'HJ JIOJm!IIU'.r CORND OJ' SAID SOtm!D.n' Or ml IIOJm!ftS'r 1'BZNC:Z .SOtmJ 1"10'34" 1IUT ALCifG '1'IIJt tmS'r t.Illl ':DUOP 1 DIITAIICE 07 114<.03 l'U': '1'0 A POIH'%' 011 'f'D SOtm!llU.Y MMGIM OJ' '%'HI lltJit'rB:IM PACI7IC JtAILR0AD ( SJIOQtJAIJ!Ilr BJWICB RICin' OF WAY) 1 THI!IC:Z COMIK11tNG SOU'l'll 1"10'34" IIU'1' .aLOIIa '1'IIJt WEn Lin OJ' SAID SUBIIIVISIOI 1059. 4l FEET TO A POI!n' 011 1'HE NO!ml LINI 07 TBII: PIIOI'OUD n.ooDWU CIWOfl:f. AIID PCt!NTil\L P.MitWA% P!IOPIM'r AS DE'1'!11KIHm IX OCTOIID. 197,71 AJII) '1'SJ ftOI POIH'%' 01" UCimfnto, ':HIHC& SOOTH 88"42'43• lAS': 233.87 rR!NC:Z .SODTS 88"40'03" lAS': 255.36 THENCE NOR':B 86"21'38• IASr 241.54 rs!HCE NOR':B 86"18'59" lAST 196.?9 ~I THENCE NORrB 65°18'35" lAST 114.02 TS!NCE NORTH 61"25'20" lAS': 112.90 TBIKC:Z NOR':B 49"56'51" lAST 189.82 THI!ICZ IIORrB 49"44'35" lAST 49.19 lEEtt Tl!!NCE NORrB 60"13'31• lAS': 58.36 'YUTI TBINCE MORfH. 9°42'36" WIS'r 50.02 liZTI Tl!!NCI NORt& 7"41'42" lAS': 72.92 1'11':1 'l'BDC& lfORTR 15"44'10" lAS': 104.76 TJ!:!KC:Z 28"42'41" ~ 12.05 l"DT, HORJ: OR I.l.SS, TO Till SOtl'THERLY KARI:lllf or Sill) RAILROAD Ric:tr.l' or wu u tt llCW :IXIS'r3t TH!IIC2 SOUTB 69°08'18" !AS': ALONG SAID RAII.!IOAD IUGB'l.' OF WAr 361.49 ntr '1'0 'rB1 NORTHERLY lliGBT or WAr tDO: OF STA':E ROAD 5201 Tl!!NC2 41°19'29" IIZST ALONG SAID RIGB'r 01' WAr 553.92 :nr.t'J 1'H!NC2 SOOTB 65"04'38" II!ST 379.27 FU'r Tm: SOUTB LINE OJ' 'I'HE NORnrw'!ST Qll'AR'l'!R 01' SAID SJ:C'riOif 12; THENCE IIOR'l'S 88"35'18" liESl' ALONG SAID SOtrl'B. LINE 1029.33 PErl' TO '%'HI CORNER or ':BE SOOTBEAS'1' QtlAJITZJI Ol!' '1'!m IIOit'rBi!ES'r QO'AR'1'ER or 5lUD SKCTICII 12 1 TH!IIC:Z NOR':S 1 "10 ' 3 4 • DS'r ALO!IC: ':1m liES'1' t.Illl OF SAID S11BDIV%SXOII 144. 51 PIZ't', KOR! OR LESS, TO '1'HI POlll'l' 07 BIGIIINI!ICt l!!Xcn>T 1'HAT PORTIOif 'l'HDIOP, CONilEHNED BY Till Sl'Aft OJ' WASBilfc:TOll, Ill ClfG COIJl!Tr SOP!IUOR COIJR1' CAUSJ: JnDiliD 757133. Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPI'IE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND, WA 98073·9710 B-2 ---PAGE BREAK--- Filed for Record~~ the request of; After Recording, Mail to: Donald E. M=y CAIRNCROSS & HEMPELMANN, P.S. 70 I Fifth Avenue, Suite 7000 Seattle, Wa.shingtoa 98104-7016 • • • Exhibit C TifiS SPACE RESER YEO FOR RECORDER'S USE: SR 520/SR 202 TRAFFIC MITIGATION AGREEMENT WHEREAS, Town Center Associates ("TCA ")is the owner of the real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference and TCA is the ground lessee of the real property more particularly described on Exhibit B attached hereto and incorporated herein by this reference, and TCA has applied to the City of Redmond for approval to develop Redmond Town Center on the real property described on Exhibits A and B; WHEREAS, Redmond Town Center will generate traffic which, alone or in conjunction with traffic generated by existing and/or future developments in the area, will require improvements to the SR 520/SR 202 intersection; WHEREAS, TCA desires to mitigate the traffic impacts generated by Redmond Town Center by contributing its proportionnte share to the proposed construction of improvements to the SR 520/SR 202 intersection, rather than actually constructing these improvements at the present time; and WHEREAS, TCA has previously paid and provided proof of payment of Ninety Thou=d and No/! 00 Dollars ($90,000.00) (the "First Payment") to mitigate the traffic impacts to the SR 520/SR 202 intersection trom development of the real property described on Exhibits A and Bin order to meet TCA's obligations under the agreement entered into by the City of Redmond, King County, and the Washington State Department of Transportation. NOW TIIEREFORE: FOR AND IN CONSIDERATION OF the City of Redmond's approval of Redmond Town Center without requiring actual design and construction of improvements to the SR 520/SR 202 intersection at the present time, the undersigned hereby voluntarily covenants and agrees with the City of Redmond as follows: l. TCA wammts to the City of Redmond that it has a fee title in the real property described on Exhibit A attached hereto and incolpOrated herein by this reference, PI ase Return To. :llld that it is the ground lessee of the real property more particularly described on CI~Y OF REDMOND Exhibit B attached hereto and incolpOrated herein by this reference. PUBLIC WORKS DEPARTMENT, CHPWE t5670 N.E. 85TH STREET P.O. a ox ~101 o REDMOND. WA 98073-9710 - C- I . . ' ' . . ---PAGE BREAK--- • • • 2. TCA acknowledges and agrees that the City, pursuant to state law and municipal code, could require present construction of improvements at the intersection at SR 520/SR 202 meeting state Department of Transportation and City of Redmond standards as a condition of approval ofTCA's development application for Redmond Town Center. 3. TCA vohmtarily proposes and agrees that, in lieu of actually designing nnd constructing improvements to the SR 520/SR 202 intersection, TCA will pay an additional payment ofF orty-Six Thousand Six Seventy-Five and No/! 00 Dollars ($46,675.00) for a total payment of One Thirty-Six Thousand Six Seventy-Five and No/100 Dollars ($136,675.00) (the "Impact Fee") to the City of Redmond all in fulfillment ofTCA's obligation to provide mitigation measures regarding the future SR 520/SR 202 improvements. Additional payment which constitutes the balance of the Impact Fee shall be paid in full within thirty (30) days after issuance of a building permit for Redmond Town Center. In the event that payment 'is not made within the thirty day period, then the amoWlt due shall begin to draw interest at the maximum rate allowed by law and all building permits for Redmond Town Center shall be withheld and/or revoked Wltil the payment and all interest owing is made in full. 4, TCA agrees that the amolUlt of the Impact Fee is the proportionate share of the cost of the improvements to the SR 520/SR 202 interchange attributable to, and necessary to mitigate the impact~ of, TCA's total development of the property described on Exhibit A and Exhibit B currently proposed in the master plan, site plan, and construction permit applications on file with the City, including all furure phases of development. At the time of building permit issuance for each building at Redmond Town Center, TCA shall pay the City Ninety-Nine and 401100 Dollars ($99.40) for each One Thousand (!000) square feet of building area covered by the building permit; provided that no payment shall be required to be made by TCA until after building permits have been issued for Nine Hundred Five Thousand Four Thirty-Three (905,433) square feet of building area, and that after TCA has paid, in addition to the First Payment, Forty-Six Thousand Six Hundred Seventy-Five and No/! 00 Dollars ($46,675.00), no additional payments pursuant to this Agreement shall be required of TCA. In the event Redmond Town Center development is modified so as to reduce the number of p.m. peak hour trips projected to travel through the intersection as a result of the development, or should Redmond Town Center not be constructed, the Impact Fee shall be reduced, eliminated and/or refunded to correspond to the reduction or elimination of traffic impacts on the intersection. 5. In the event any portion of the Impact Fee is not remitted to WSDOT within five years of the date of payment of the Impact Fee by TCA, then the obligations Please Rfnum To: provided in this agreement shall terminate and expire, and such portion of the CITY OF RED MONO Iropacl Fee shall be refunded to TCA, PUBLIC WORKS DEPAATMENT, CHPWE 158;0 N.E. 85TH STREEt P.O. BOX 97010 REDMOND. WA P8079·9110 C- 2 ---PAGE BREAK--- 1- . . J- • • • 6. Nothing herein shall be considmd as in any way limiting the authority of the City of Redmond to determine the necessity for public improvements nor the manner or method of providing the cost of construction of the same, as to parties other than the undersigned. 7. Either party hereto may seek specific performance of this agreement in addition to any other remedies, legal or equitable, which may be otherwise available. In the event a legal action is filed for enforcement of this agreement or to redress a breach of any of its provisions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. DATED this day of 1996. Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND. WA 98073·9710 c. 3 TOWN CENTER ASSOCIATES By: W1NMAR REDMOND, INC., its General Partner By Eddie L. Hendrikson, President By Colleen M. Broaddus Vice President and Secretary CITY OF REDMOND By _ Its ---PAGE BREAK--- I 'i d · : ~ ~ I N ~ 0 II) 0 c..o • • • APPROVED AS TO FORM: City Attorney A TrEST: City Clerk STATEOFWASHINGTON ) ) ss. COUNTYOF~G ) On this day personally appeared before me EDDIE L. HENDRIKSON, to me known to be the President ofWINMAR REDMOND, INC., general partner of TOWN CENTER ASSOCIATES, a Washington general partnership, that executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mcntione<.i. GIVEN under my hand and official seal this_ dny of !996. (Print name of notal)') NOTARY PUBLIC in and for the State of Washington, residing at My commission expires-------- Please Return To: CITY OF REDMOND PUBUO WORKS DEPARTMENT, CHPWE 15670 N.E. 8STH STREET P.O. BOX 97010 REDMOND, WA. 98073·97\0 C-4 ---PAGE BREAK--- 1- - ~ 1 I ,j \I il N ~ ~ 0 0 ~ • • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me COLLEEN M. BROADDUS, to me known to be the Vice-President and Secretary ofWINMAR REDMOND, INC., general partner of TOWN CENTER ASSOCIATES, a Washington general partnership, that executed the within and foregoing instrument. and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_ day of 1996. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) (Print name of notary) NOTARY PUBLIC in nnd for the State of Washington, residing at My commission expires-------- On this day personally appeared before me to me known to be the of CITY OF REDMOND, a Washington municipal corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation for the uses and pwposes therein mentioned, and on oath stated that is authorized to execute said instrument. GIVEN under my hand and official seal this_ day of 1996. (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 2Ul09.M2A . Please Return 10. CITY OF REDMOND PUBLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STREET PO. BOX 97010 REDMOND. WA 98073-971 0 C· 5 ---PAGE BREAK--- Bear Creek Parkway • • • Exhibit D Transportation Improvements 1. The applicant is required to design and construct a new three-lane minor arterial roadway from the intersection of 162nd Avenue NEJI.wy Way to !70th Place NE. The design and construction of this roadway shall meet all appUcable City ofRedmond standards. The minimum grade on Bear Creek Parl..'WI!y shall be 0.5 percent. 2. The conceptual plan for the design of !his roadway is approved as shown in the 5/30/95 "Bear Creek P11kway" plan prepared by Entranco. 3. As part of the construction of Bear Creek Parkway, the appliC!Ult is required to design and construct the improvements listed below. a) Left tum and refuge lanes at the intersec1ions with !64th Avenue NE, !66th Avenue NE, and !68th Avenue NE. These lanes shaU have a minimum length of 100 feet with appropriate transitions where needed. b) Right turn lanes at the intersections with !64th Avenue NE and !66th Avenue NE. These lanes shall have a minimum length of 100 feet, with 4:1 transitions. c) Landscaped center medians as appropriate. d) Crosswalks at pedestrian path crossing points as appropriate. 4. As part of the desiJ;in of Bear Creek Parkway, the applicant wiU need to provide the City with a clear zone as per che WSDOT Design Manual (September 1992 edition). If the clear zone cannot be mer, regrading ofrhe sldc slopes or construction of safety barriers may be needed along this roadway. NE 76th Street (a k.a. Railroad Street) I. The applicant is required to design and construct a new three-lane collector anerial roadway from Bear Creek Parl..-way to Leary Way, immediately south ofthe Burlington Northern Railroad right-of-way. The design and construction of this roadway shaD meet all applicable City ofRedmond standards. The minimum grade on NE 76tb Street shall be 1.0 percent. 2. As part of the construction ofNE 76th Street, the applicant is required to design and construct the improvements listed below. a) A landscaped median on Leary Way at its intersection with NE 76th Street to enforce a right turn in/right tum out only restriction for NE 76th Street at this location. Please Re:urn To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND. WA 98073·9710 D·l ---PAGE BREAK--- N ~ 0 0 • • • b) A continuous center left tum lane along the entire route ofNE 76th Street with landscaped center medians as appropriate. c) Crosswalks at pedestrian path crossing points as appropriate. 170th Place NE rNorth ofRedmond Wav) l. The applicant is required to widen the existing section of 170th Place NE between Red~ond Way and Avondale Way to three-lanes and to realign this roadway to match the centerhne of the existing 170th Place NE-to the souih of Redmond Way. 2. As pan oft he realignment, the applicant is required to design and construct modl.fications to the traffic signal at the intersection of Avondale Wayl170th Place NE. The design and modification oftrus signal shall meet all applicable City of Redmond standards. 3. The conceptual plan for the realignment and widening oftl\is roadway is approved as shown in the 6/29/95 "Single Left Tum Lane Altem&live• pliJl prepared by Entranco. 4. Please note that the proposed modifications to adjacent properties as part of the realignment of I 70th Place NEwill need to be approved by the City of Redmond Technical Committee through the formal site plan review process. I 70th Place NE!Rcdmond Way Intersection I. 2 The applicant is required to design and install a new traffic signal with video surveillUJce technology at the intersection of I 70th Place NE/Redmond Way. The design and construction of trus signal shall m~ all applicable Chy of Redmond standards, and will require approval from the Wasb.ington State Department of Transportation (WSDO'T). As part of the signalization of the intersection of 170th Place NEJRedmond Way, the applicant is required to design and construct the improvements listed below. a) A northbound left turn lane on !70th Place NE with a length of 150 feet, which then transitions into a two-way left tum lane. b) R~hannelizc Redmond Way to create exclusive cast and westbound left tum lanes at the intersection of I 70th Place NE, The length of the eastbound left tum lane shall be 100 feet, and the length of the westbound left tum lane shall be 200 feet. These lanes shall then transition into two-way left tum Janes or raised medians as directed by the City of Redmond. c) Channelize the north leg of !70th Place NE to include a southbound right/through lane and an exclusive left tum lane. The length oft he left tum lane shall be 100 feet, which then transitions into a two-way left tum lane. d) Install interconnect cable per City requirements to conn~! the new traffic signal with the traffic signal at the-intersc.ction of Avondale Way/ I 70th Place NE, the crossing gate signals at the Burlington Nonhem Railroad tnd the downtown sign£! system. 3. ln addition, the applicant needs to provide the City of Redmond with a dc:sig.n for double westbound left tum lanes off' of Redmond Way onto !70th Place NE. The conceptual plan for this design is approved as shown in the 6/29/95 "Dual Left Tum Lane Alternative" plan prepared by Entranco. The final design shall meet all applicable City of Redmond standards, and will require ~pproval from the \VSDOT. Plca!'.e Re\Um io: OF REDMOND ~G~~IC WORKS DEPARTMENT, CHPWE 15670 N.E. 85iH SiREET PO BOX 97010 REDMOND. WA 98073·971 0 D-2 - . ' • I • I • I I i ·I ---PAGE BREAK--- - • • • !70th Place NE (South of Redmond Wav) 1. The applicant is required to modifY and extend !70th Place NE south fiom Redmond Way to Bear Creek Pa.rlcway, and to finance tllc necessary improvements to provide safe vehicular and pedestrian crossing oftbc Burlington Northern Railroad I flicks. ' !66th Avenue NE/Cieveland Street Intersection 1. The applicant is ~uircd to design and install a new traffic signal at the interse<:lion of !66th Avenue NE/Cieveland Street. The design and construction of this. signal meet all applicable City of Redmond standards. 2. A5 part of the si~alization of the intersection of !66th Avenue NE/Cieveland Street, the applicant is requtred to design and construct the improvements listed below. a) A four-lane street section between NE 76th Street and Cleveland Street which shall include a northbound right tum lane, a nonhbound through lane, a southbound throug:Meft lane and a southbound fight tum IIIJle. b) Rechannelize Cleveland Street to create an exclusive eastbound right tum lane at !66th Avenue NE with a length of 125 feet and a 4:1 transition back to the existing street section. c) Install crosswalks at intersection per City of Redmond direction. d) Install interrormect cable per City requirements to cormect the new traffic signal with the crossing gate signals at the Burlington Northem Railroad and the downtown signal system. I 66th Avenue NE (South ofCieveland Street) I. The applicant is required to extend !66th Avenue NE south from Cleveland Street toNE 76th Street, and to finance the necessary improvements to provide safe vehicular and pedestrian crossing of the Burlington Northern Railroad tracks. Lcarv Wav/J62nd Avenue NE The applicant is required to design 1111d iru;tall a new traffic signal at the intersection of Leary Way/162nd Avenue. The design and construction of this signal shall meet all applicable City of Redmond standards, and must be designed to accommodate the future extension of 162nd Avenue NE l'rom Leary Way to l 59th Place NE. 2. As part oft he signalivuion of the interseclion ofLwy Wayfl62nd Avenue NE, the applicant is required to design and construct the improvements listed below. a) A northbound right tum lane on Leary Way with a length of200 feet and a 4:1 taper back to the existing street section. b) A southbound len tum lane on Leary Way with a length of 150 feet and an appropriate taper back to the eltisting cross section. c) A five-lane road section on !62nd Place NE {Bear Creek Pari--way) between Leary Way and Cemcr Street with one westbound right tum la.nc, two westbound left tum lanes, and two eastbound through lanes. d) Install interconnect cable per City requirements to connect the new traffic signal with the downtown signal system. D-3 - . ! . ~ ' - ' . j ' ' ' ' - ~ATTA6HMENf-e-_ . - . ---PAGE BREAK--- _ C1l C1'l N 0 0 ~ O"l • • • SR 520 Eastbound Ramo to West Lake Sammamish Parl-way 1. The applicant is required to design and rechann.eliz.e the existing SR 520 eastbound off-ramp to West Lake Sammamish Parkway 10 allow for an exdusive left tum lane and a left tum/right tum lane. Appropriate signll! modifications will also be required as directed by the City of Redmond. The design and construction of this improvement shall meet City of Redmond standards and requ.ires approval by the WSDOT. 2. The applicant is required to design and rechanncliu West Lake Sammamish Parkway between the SR 520 eastbound ramps and Leary Way to create two nonhwestbouod travel lanes. 3. As pan of the modification of the signal at the intersection of the SR 520 eastbound off· ramp/West Lake Sammamish Parkway, the applicant is required to design ·and construct the improvements Listed below, provided that costs fall within the budget to rechannelize West Lake Sammamish Parkway from the SR 520 eastbound ramps to Leafy Way as outlined in the Traffic Impact Mitigation Agreement. a) Install intercoMect cable per City requirements to coMet! to the signal at the intersection of West Lake Sammamish P31kway/Leary Way, and to tie into the downiDwn signal system. b) Install new controller and service cabinets to meet current City of Redmond specifications. West Lake Sammamish Parkwav/Learv Wev l. 2. The applicant is required 10 design and construct improvements at the intersection of West Lake Sammamish Par\cway!Leary Way to create an additional westbound through lane and a southbound right tum lane at this intersection . As part of the design of this improvement, the applicant is required to design and construct the improvements listed below . a) A southbound right turn lane on Leary Way with a length of 125 feet and a 4: I taper back to the existing street section. b) A westbound right tum Jane on West lake Sammamish Parkway with a length of325 feet and a 4: 1 taper back to th~;> existing cross section. c) lnstail new controller and service cabinets to meet current City of Redmond specifications. Modify the traffic signal at this intersection and relocate/replace signal equipment as directed by the City of Redmond. d) Tie in traffic signal to downtown signal system via existing interconnect cable per City requirements. NE 72nd Street Bridl!e over Sammamish River I. The applicant is required to dedicate right-of-way to the City for the planned NE 72nd Street bridge over the Sammamish River between Bear Creek Parkway and West Lake Sammamish Pari--way as directed by the City of Redmond Engineering Division. 2. Along with this dedication, the applicant is required to provide a "Deed of Right" to King County to complete the land conversion/replacement transaction begun in 1987 under the previous Town Center proposaL In addition, language shall be included in the traffic mitigation agreement requiring Town Center to work with the City of Redmond to revise this land conversion as ne,eded in the future to finalize 1 he required right-of-way dedication. Please Return To: CITY OF REDMOND PUSLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STREET D-4 P.O. BOX 97010 REDMOND. WA 98073·971 0 ---PAGE BREAK--- . t- • • . Exhibit E Redmond Town Center Right-of-Way Dedications Bear Creek Parkway (LeaiY Way to !70th Ave. N.E.) N.E. 72nd Street Bridge (Bear Creek Parkway to West Sammamish Parkway N.E.) N.E. 76th St. (Railroad Ave.) (Leaij' Way to !70th Ave. N.E.} !66th Ave. N.E. South of Cleveland St. !70th Place N.E. North of Redmond Way Leary Way • Right of way width necessary to include roadway and sidewalks Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 1 5670 N.E. 85TH STREET P.O. BOX 97010 , REDMOND, WA 98073·9710 RigbtofWay 84 feet 84-140 feet 60 feet As Required* As Required* As Required• ---PAGE BREAK--- _ _ r 1 \ · j· ~ 'I • • • rro.,• C"l N 0 c r..c ~ Filed for Record at the request of; Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMEI'IT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 AEDMOND. WA 98073·9710 Redmond Town Center SPR 95-037 f1ECEJ'IED ifHS DAY THIS SPACE RESERVED FOR hffi~ow·~ !iJff REDMOND TOWN CENTER TRAFFIC MITIGATION AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF REDMOND, a Washington municipal corporation (the "City"), and TOWN CENTER ASSOCIATES, a Washington general partnership ("TCA RECITALS TCA is the O\\ncr of the real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "TCA Property"), and TCA is the ground lessee of the real property more particularly described on Exhibit 8 attached hereto and incorporated herein by this reference (the "Butler-Walls Property"). TCA has applied or will apply lo the City of Redmond ("the City") for land usc and construction approvals required to construct a mixed usc development on the TCA Property and the Buller-Walls Property ("Redmond Town Center"). Redmond Town Center is more particularly described in the master plan and site plans that have been tiled with and approved by the City. Tile City prepared and issued an addendum to previously prepared environmental impact in accordance with the Washington State Environmental Policy Act, including a derailed L-affic study in a technical appendix \6 the addendum. These documenl~ arc referred to collectively in this Agreement as "the Environmental Documents." The Environmental Documents identify impacts to the transportation system which arc to occur as a result of traffic generated by Redmond TO\\TI Center. The Environmental Documents also identifY those transportation system improvements that can be made to mitigate the impacts of the Redmond To\\TI Center. Redmond To,vn Center was reviewed in t:he Environmental Documents and by the City Council in a full build out condition with I ,3 75.000 square feet of gross leasable area of commercial uses generating a total of 2.363 PM peak hour trips ("Full Build Out"). Transportation system mitigation requirements were imposed by the City to mitigate the transportation system impacts associat~-d \\ilh Full Build Out of Redmond Town Center. TCA has been required to. and is. constructing, prior to lhc opening of the first phase of Redmond To11n Center, all of the system mitigation required to mitigate the system impacts for the Full Build Out of Redmond To,~n Center. ---PAGE BREAK--- · 1 · r I I I • • • , Ple11SJ) Return To: Cln' OF REDMOND PUBLIC WORKS DEPARTMENT. CHPv'JE 15670 N.E. SSTH STREET P.O. BOX 97010 nEOMOND, WA 98073-9710 ~ N ~ ~ 0 0 ~ ~ The City has issued site plan review approval for City of Redmond File No. SPR 95-014 to pcnnit Phase I of Redmond Tov.lt Center to proceed. The City has required as a condition of such approval that mitigation, inciuding tro.nsponation system impact mitigation, be provided by TCA in order to construct Redmond Town Center. The approval for File No. SPR 95-014 specifics that the mitigation required ofTCA for impacts caused by traffic from Redmond Town Center must be set forth in a written agreement executed by TCA and the City. It is the intent of the City and TCA that this Agreement shall fully satisfy the requirement that a traffic impact mitigation agreement be entered into. It is also intended that fulfillment by TCA of the requirements of this Agreement shall constitute complete satisfaction of all City requirements upon Redmond Town Center, including all future phases of Redmond Town Center through the year 2010 consistent with the Redmond Town Center Master Plan and the approval for File No. 95-014, insofar as such requirements arc related to mitigation of'impacts upon transportation fucilitics. ne City has entered into an agreement with King County pursuant to which the City and County have agreed to implement a system for funding capital improvements to mitigate impacts upon theSR 520/SR 202 intersection through collection of fees from developers whose projects will generate traffic that will travel through the intersection (the "SR 520/SR 202 Impact Fee"). The City has required. and TCA is willing to agree to, payment of the SR 520/SR 202 Impact Fcc in the amount of Forty-Six Thousand Six Hundred Seventy-Five and No/100 Dollars ($46.675.00) in addition to the payments provided for in this Agreement. TCA's obligation to make this mitigation payment will be evidenced by its execution of the SR 520/SR 202 Traffic Mitigation Agreement attached as Exhibit C to this Agreement. NOW. THEREFORE. in consideration of the City granting land usc and construction approvals required to construct and occupy Redmond Town Center, and in order to mitigate impacts upon public transportation fT '1'BM' POR'riOK THERIOP, CONDEHHE!) BY THI STAB OP WASBIJfG'l'Oll, Ill ntfG COtmTr SO'PXRIOR COtJR1' CAOSJ: RtiiiBD 757133. Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STAE:ET P.O. BOX 97010 REDMOND, WA 96073·9710 B-2 ---PAGE BREAK--- Filed for Record~~ the request of; After Recording, Mail to: Donald E. M""V CAIRNCROSS HEMPELMANN, P.S. 70 I Fifth Avenue, Suite 7000 Seattle, Wa.shingtoo 98104-7016 • • • ExhibitC TifiS SPACE RESER YEO FOR RECORDER'S USE: SR 520/SR 202 TRAFFIC MITIGATION AGREEMENT WHEREAS, Town Center Associates ("TCA is the owner of the real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference and TCA is the ground lessee of the real property more particularly described on Exhibit B attached hereto and incorporated herein by this reference, and TCA has applied to the City of Redmond for approval to develop Redmond Town Center on the real property described on Exhibits A and B; WHEREAS, Redmond Town Center will generate traffic which, alone or in conjunction with traffic generated by existing azul/or future developments in the area, will require improvements to the SR 520/SR 202 intersection; WHEREAS, TCA desires to mitigate the traffic impacts generated by Redmond Town Center by contributing its proportionate share to the proposed construction of improvements to the SR 520/SR 202 intersection, rather than actually constructing these improvements at the present time; and WHEREAS, TCA has previously paid and provided proof of payment of Ninety Tho=d and Noll 00 Dollars ($90,000.00) (the "First Payment") to mitigate the traffic impacts to the SR 520/SR 202 intersection from development of the real property described on Exhibits A and B in order to meet TCA's obligations under the agreement entered into by the City of Redmond, King County, and the Washington State Department of Transportation. NOW TIIEREFORE: FOR AND £N CONSIDERATION OF the City of Redmond's approval of Redmond Town Center without requiring actual design and construction of improvements to the SR 520/SR 202 intersection at the present time, the undersigned hereby voluntarily covenants and agrees with the City of Redmond as follows: l. TCA warrants to the City of Redmond that it has a fee title in the real property described on Exhibit A attached hereto and incorporated herein by this reference, Please Return To. nnd that it is the groWJd lessee of the real property more particularly described on CITY OF REDMOND Exhibit B attached hereto and incorporated herein by this reference. PUBLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STREET P.O. SOX ~701 0 c REDMOND. WA 98073-9710 - l . . ' .I • • • AT"TACHME ~ : : _ ---PAGE BREAK--- • • • 2. TCA acknowledges and agrees that the City, pursuant to state law and municipal code, could require present construction of improvements at the intersection at SR 520/SR 202 meeting state Department of Transportation and City of Redmond standards as a condition of approval ofTCA's development applic.1tion for Redmond Town Center. 3. TCA voluntarily proposes and agrees that, in lieu of actually designing nnd constructing improvements to the SR 520/SR 202 intersection, TCA will pay an additional payment of Forty-Six Thousand Six Hundred Seventy-Five and No/! 00 Dollars ($45,575.00) for a total payment of One Hundred Thirty-Six Thousand Six Hundred Seventy-Five and No/100 Dollars ($136,675.00) (the "Impact Fee") to the City ofRedmond all in fulfillment ofTCA's obligation to provide mitigation measures regarding the future SR 520/SR 202 improvements. Additional payment which constitutes the balance of the Impact Fee shall be paid in full within thirty (30) days after issuance of a building permit for Redmond Town Center. In the event that payment is not made within the thirty day period, then the amount due shall begin to draw interest at the maximum rate allowed by law and all building permits for Redmond Town Center shall be withheld and/or revoked until the payment and all interest owing is made in full. 4. TCA agrees that the amount of the Impact Fee is the proportionate share of the cost of the improvements to the SR 520/SR 202 interchange attributable to, and necessary to mitigate the impact~ of, TCA's total development of the property described on Exhibit A and Exhibit B currently proposed in the master plan, site pliln, and construction permit applications on file with the City, including all future phases of development. At the time of building permit issuance for each building at Redmond Town Center, TCA shalt pay the City Ninety-Nine and 40/100 Dollars ($99.40) for each One Thousand (I 000) square feet of building area covered by the building permit; provided that no payment sh.all be required to be made by TCA w!!il after building permits have been issued for Nine Hundred Five Thousand Four Hundred Thirty-Three (905,433) square feet of building area, and that after TCA has paid, in addition to the First Payment, Forty-Six Thousand Six Hundred Seventy-Five and No/100 Dollars ($46,675.00), no additional payments pursuant to this Agreement shall be required ofTCA. In the event Redmond Town Center development is modified so as to reduce the number of p.m. peak hour trips projected to travel through the intersection as a result of the development, or should Redmond Town Center not be constructed, the Impact Fee shall be reduced, eliminated and/or refunded to correspond to the reduction or elimination of traffic impacts on the intersection. 5. In the event any portion of the Impact Fee is not remitted to WSDOT within five years of the date of payment of the Impact Fee by TCA, then the obligations Please ReMn To: provided in this agreement shall terminate and expire, and such portion of the CITY OF A~OMONO Impact F~ shall be refunded to TCA. PUBLIC WORKS DEP"RTMENT, t56i0 N.E. S!ITH STREEt P O. BOX 97010 AEOMOND. WA lll8073-97l0 C- 2 - . ) . . \ J . - . ---PAGE BREAK--- 1- J- • • • 6. Nothing herein shall be considered as in any way limiting the authority of the City of Redmond to detenni.ne the necessity for public improvements nor the or method of providing the cost of construction of the same, as to parties other than the underlligned. 7. Either party hereto may seek specific performance of this agreement in addition to any other remedies, legal or equitable, which may be otherwise available. In the event a legal action is filed for enforcement of this agreement or to redress a breach of any of its provisions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. DATED this day of 1996. Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET PO. BOX 97010 REDMOND. WA 98073·971 0 c- 3 TOWN CENTER ASSOCIATES By: WINMAR REDMOND, INC., its General Partner Eddie L. Hendriksen, President Colleen,M. Broaddus Vice President and Secretary CITY OF REDMOND By _ lts _ ---PAGE BREAK--- , • .t r ~ ~ I en N ~ 0 Lf.) 0 ~ • • • APPROVED AS TO FORM: City Attorney A TrEST: STATEOFWASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeal't(l before me EDDIE L. HENDRIKSON, to me known to be the ~ident ofWINMAR REDMOND, INC., general partner of TOWN CENTER ASSOCIATES, a WBShington general partnership, that executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and volunta!}' act and deed for the uses and purposes therein mcntione<.i. GIVEN under my hand and official seal this_ dny of I 996. (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT. CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND. WA 98073·9710 C·4 ---PAGE BREAK--- l- · _ _ , _ • • • STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me COLLEEN M. BROADDUS, to me known to be the Vice-President and Secretary ofWINMAR REDMOND, INC., general partner ofTOWN CENTER ASSOCIATES, a Washington general partnemup, that executed the within and foregoing instrulllent, and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this_ day of 1996. STATE OF WASffiNGTON ) ) ss. in COUNTY OF KING ) N (Print name of notary) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires-------- ~ On this day personally appeared before me to me 0 known to be the of CITY OF REDMOND, a \Va:;hington 2 municipal corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and volantary act and deed of said municipal corporation for the r:n uses and purposes therein mentioned, and on oath stated that is authorized to execute said instrument. GIVEN under my hand and official seal this day of 1996. 28.1109.M2A . Please Relurn-lo. CITY OF REDMOND PU6UC WORKS OEPAfiTI.IENT. CHPWE 15670 N.E. 85TH STREET PO. BOX 97010 REDMOND, WA 98073-9710 (Printnameofnocuy) NOTARY PUBLIC in and for the State of Washington, residing at My commission expires C- 5 ---PAGE BREAK--- . - Bear Creek Parkway • • • Exhibit D Transportation Improvements 1. The applicant is required to design and construct a new three-lane minor artcrill roadway from the inte;section of 162nd Avenue NEJI.eary Way to !70th Place NE. The design and construction of this roadway shall meet all app~cable City ofRedmond standards. The minimum grade on Bear Creek Parkway shall be 0.5 percent. 2. The conceptual plan for the design of this roadway is approved as shown in the 5130/95 "Bear Creek Parkway" plan prepared by Entranco. 3. As part of the construction of Bear Creek Parkway, the applicant is required to design and construct the improvements listed below. a) Left turn and refuge lanes at the intersections witb 164tb Avenue NE, I 66th Avenue NE, and !68th Avenue NE. These lanes shall have a minimum length of 100 feet with appropriate transitions where needed. b) Right turn lanes at the intersections with I 64th Avenue NE and I 66th Avenue NE. These lanes shall have a minimum length of 1 00 feet, with 4: 1 transitions. c) Landscaped center medians as appropriate. d) Crosswalks at pedestrian path crossing points as appropriate. 4. As part of the desi$n of Bear Creek Parkway, the applicant will need to provide the City with a clear zone analysis as per the WSDOT Design Manual {September 1992 edition). If the clear zone cannot be mel, regrading oft he side slopes or construction of safety banicrs may be needed along this roadway. NE 76th Street (a_k a Railroad Street) l . The applicant is required to design and construct a new three-lane collector arterial roadway from Bear Creek Parl"Way to Leary Way, immediately south of the Burlington Northern Railroad right-of-way. The design and construction of this roadway shall meet all appUcablc City of Redmond standards. The minimum grade on NE 76th Street shall be 1.0 percent. 2. As part of the construction ofNE 76th Street, the applicant is required to design and construct the improvements listed below. a) A landscaped median on Leary Way at its intersection with NE 76th Street to enforce a right tum in/right tum out only restriction for NE 76th Street at this location. Please Re:um To: CITY OF REDMOND PUBLIC WORKS DEPARTMENi, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 REDMOND. WA 98073·9710 D-1 ---PAGE BREAK--- - N 0 Vl 0 ~ J) • • • b) A continuous center left cum lane along the entire route ofNE 76th Street with landscaped center medians as appropriate. c) Crosswalks at pedestrian path crossing points as appropriate. !70th Place NE (Nonh ofRedmond Wav) I. The applicant is required to widen the existing section of !70th Place NE between Red~ond Way 11;0~ Avondale Way to three-lanes, and to realign this roadway to match the centerhne of the I 70th Place NE to th.e south of Redmond Way. 2. As part of the realignment, the applicant is reqLJired to design and construct modifications to the traffic signal at the intersection of Avondale Way{! 70th Place NE. The design and modification of th.is signal shall meet all applicable City of Redmond standards. 3. The conceptual plan for the realignment and widening of this roadway is approved as shown in the 6/29/95 "Single Left Tum Lane Alternative• plan prepared by Entranco. 4. Please note that the ~roposed modifications to adjacent propenies as part of the rcalig~ment of I 70th Place NEwill need to be approved by the City of Redmond Technical Comm1ttee through the formal site plan review process. 170th Place NE!Redmond Wav Intersection l. 2 . The applicant is required to design and install a new traffic signal with video surveillance technology at the intersection of 170th Place NEJRedmond Way. The design and construction ofthi.s signal shall meet all applicable City of Redmond standards, and will require approval from illc Wash.ington State Depanment ofTransponation (WSDOT). As part oft he signalization of the intersection of I 70th Place NE!Redmond Way, the applicant is required to design and construct the improvements listed below. a) A nonhbound left tum lane on !70th Place NE with a length of 150 feet, wh.ich then transitions into a two-way left turn lane. b) Recha.nnelize Redmond Way to create exclusive east and westbound left tum lanes at the intersection of I 70th Place NE. The length of the eastbound left tum lane shall be 100 feet, and the length of the westbound left tum lane shall be 200 feet. These lanes shall then transition into two-way left turn lanes or raised medians as directed by the City of Redmond. c) Channelize the nonh leg of !70th Place NE to include a southbound right/through lane and an exclusive left tum lane. The length oft he left turn lane shall be 100 feet, which then transitions into a two-way left tum lane. d) Install interconnect cable per City requirements to connect the new traffic signal with the traffic signal at the intersection of Avondale Way/170th Place NE, the crossing gale signals at t.he Burlington Nonhero Railroad and the downtown sign~ system. 3. In addition, the applicant needs to provide the City of Redmond with a design for double westbound left tum lanes off of Rc~mond Way onto 170th Place NE. The conceptual plan for this desig.1 is approved as shown in the 6/29/95 "Dual Lcfl Tum Lane Alternative• plan prepared by Entranco. The final design shall meet aJJ applicable City of Redmond standards, and will require approval from the WSDOT. . Please Return io: CliY OFORREKDS~~~~TMENT. CHPWE PUBLIC W ET 15670 N.E. 85TH STRE PO BOX 97010 REDMOND. WA 98073·9710 D·2 \ I i ·I .i 'I ---PAGE BREAK--- • • • !70th Place NE (South of Redmond Wav) 1. The applicant is required to modify extend I 70th Place NE south from Redmond Way to Bear Creek P~~IIcway, and to finance the necessary improvements 10 provide safe vehicular and pedestrian crossing of the Burlington Northern Railroad tracks. '!66th Avenue NE!c'ieveland Street Intersection I. The applicant is required to design and instJI]J ~ new traflic signal at the interseclion of !66th Avenue NE/C!evc!and Street. The design and eonstruction of this signal shall meet all applicable City of Redmond standards. 2. As part of the sif!a.lization of the intersection of !66th Avenue NE/Cieveland Street, the applicant is requ1rcd to design and construct the improvements listed below. a) A four-lane street section between NE 76th Street and Cleveland Street which shall include a northbound right tum lane, a northbound through lane, a southbound through/Jell lane and a southbound right tum lane. b) Rechannelize Cleveland Street to create an exclusive eastbound right tum lane at !66th Avenue NE with a length of 125 feet and a 4:\transition back to the existing street section. c) Install crosswalks at intersection per City of Redmond direction. d) Install interconnect cable per Cily requirements to connect the new traffic signal with the crossing gate signals aJ the Burlington Northern Railroad and the downtown signal system. I 66th Avenue NE (South ofCieveland Street) L The applicant is required to extend !66th Avenue NE south from Cleveland Street toNE 76th Street, and to finance the necessary improvements to provide safe vehicular and pedestrian crossing of the Burlington Northern Railroad tracks. Leary Wav/J 62nd Avenue NE Tbe applicant is required to design and install a new traffic signal at the intersection of Leal)' Way/162nd Avenue. The design and construction ofthis signal s.ha.IJ meet all applicable City of Redmond standards, and must be designed to accommodate the future of 162nd Avenue NE.from Leary Way to 159Lh Place NE. 2. As part of the signaliution of the intersection of Leary Way/l62nd Avenue NE, the applicant is required to design and constroct the listed bc.low. a) A northbound right tum lane on Leary Way with a length of200 feet and a 4:1 taper back to the existing street section. b) A southbound left tum lane on Leary Way with a length of ISO feet and an appropriate back to the existing cross section. c) A five-lane road section on J62nd Place NE (Bear Cw:k Parkway) between Leary Way and Center Street with one westbound right tum lane, IIVo westbound left tum Janes, and two eastbound through lanes. d) Install interconnect cable per City requirements to connect the new traffic signal with the downtown signal system. Please Return io: ClTY OF ORRE.KOS~~~~TMENT. CHPWE PUBUC W · Ei 15670 N.E. 85TH STFIE 9ao7s-971 o D-3 . ' : j . . . . . ' t . -~ATFAGHMEN-T-e"'~ - ---PAGE BREAK--- - C1l C1l N '11"'1 C"l 0 ~ 0 CJ:J • • • SR 520 Eastbound Ramp to West Lake Sammamish Parkway 1. The applicant is required to design and rechl!.lllle\iz.e the existing SR 52.0 eastbound elf-ramp to West Lake Sammam.ish ParkwaY. to allow for an exclusive left turn lane and a left tum/right tum lane. Appropriate signal modtfications will also be required as directed by the City of Redmond. The design and construction of this improvement shall meet all ~pp\icable City of Redmond standards and requires approval by the WSDOT. 2. The applicant is required to design illld rechanncliz.e West Lake Sammamish Parkway between the SR 520 eastbound ramps and LeaJy Way to create two northwestbound travel lanes. 3. As pan of the modifiCIItion of the signal at the intersection of the SR 520 eastbound off· ramp/West Lake Parkway, the applicant is requited to design and ronstruct the improvements listed below, provided that costs fall within the budget to rechannclize West Lake Sammamish Pulcway from the SR 520 eastbound ramps to LeaJy Way as outlined in tlle Traffic Impact Mitigation Agreement. a) Install interconnect cable per City requirements to connect to the signal at the intersection of West Lake Sammamish P:u-kway/Leary Way, and to tie into the downtown signal sysrem. b) Install new controller and service cabinets to meet current City of Redmond specifications. West Lake Sammamish Parkwav/Learv Wav 1. 2. The applicant is requirerlto design and ronstruct improvements at the intersection of West Lake Sammamish Parkway!Lwy Way to create an additional westbound through lane and a southbound right tum lane at this intersection. As pan of the design of this improvement, the applicant is required to design and ronstruct the improvements listed below. a) A southbound right turn lane on Leary Way with a length of 125 feet and a 4: I taper back to the existing street section. b) A westbound right tum Jane on West lake Sammamish Parkway with a length of325 feet and a 4: l taper back to the existing cross section. c) Instail new controller and service cabinets to meet current City of Redmond specificatioru. Modify the traffic signal at this intersection and relocate/replace signal equipment as directed by the City of Redmond. d) Tie in traffic signal to downtown signal system via existing interconnect cable per City requirements. NE 72nd Street BridQe over Sammamish River I. The applicant is required to dedicate right-of-way to the City for the planned NE 72nd Street bridge over the Sammamish River between Bear Creek Parkway and West Lake Sanunamish Parkway as directed by the City of Redmond Engineering Division. 2. Along with this dedication, the applicant is required to provide a "Deed of Right" to King County to complete the land convcr$ion/replacemcnt transaction begun in 1987 under the previous ToWil Center proposaL In addition, language sltall be included in the traffic mitigation agreement requiring ToWil Center to work with the City of Redmond to revise this . land conversion as needed in the future to finalize I he required right-of-way dedication. Please Return To: CITY OF REDMOND ·PUBLIC WORKS DEPARTMENT. CHPWE t5S70 N.E. 85TH STREET D-4 PO. BOX 97010 REDMOND. WA 9&073-971 0 ---PAGE BREAK--- . 1- • • . ElhibitE Redmond Town Center Right-of-Way Dedications Bear Creek Parkway (Leary Way to !70th Ave. N.E.) N.E. 72nd Street Bridge (Bear Creek Parkway to West Sammamish Parkway N.E.} N.E. 76th St. (Railroad Ave.) (Leary Way to !70th Ave. N.E.) !66th Ave. N.E. South of Cleveland St. !70th Place N.E. North of Redmond Way Leary Way • Right of way width necessary to include roadway and sidewalks Please Return To: CITY OF REDMOND PUBLIC WORKS DEPARTMENT, CHPWE 15670 N.E. 85TH STREET P.O. BOX 97010 . REDMOND. WA 98073·9710 Right of Way 84 feet 84-140 feet 60 feet As Required• As Required • As Required• ---PAGE BREAK--- BILLING CONTACT Colin Skone RTC 74th Street Property, LLC 1424 4th Ave , Suite 1 030 Seattle, WA 98101 Invoice Number: 00043945 Case Number Description BLDG-2016-09558 3% Technology Surcharge General Fund 100,89000.32211 " 1 033 Building Permit- Mixed Use A 100.89000.32210 1021 Building Plan Review Ex1ension - Mixed Use 1 oo.89000.3221 o 1021 Impact Fee - Fire 319.62000.34585 Impact Fee- Parks 315.59000.34585 Impact Fee - School 641.9.23862 Impact Fee - School Admin Fee 100.06000 34143 1752 Impact Fee- Transportation 316.29000.34585 PL Fee In Lieu of Open Space 315.59000.34581 PL Tree Replacement Fee 100.89000.34529 1331 PW Capital Facilities Charge 406.29100.37910 2758 WA State Building Code Surcharge -flat fee 641 .9.23805 WA State Building Code Surcharge - Units 641 .9.23805 7405 168TH AVE NE REDMOND, WA 98052 Project Name: Redmond Town Center Apartments-Wood Frame November 17, 2017 02:22pm Lia Gunderson :tycf Redmond Payment Method Amount Paid Check #1290 $1.67 Check #1290 $119,741 _gg Check #1290 $55.82 Check #1290 $57,653.98 Check #1290 $826,492.14 Check #1290 $273,416.00 Check #1290 $65.00 Check #1290 ~1 ,229,445.23 Check #1290 $192,491.00 Check #1290 $13,000.00 Check #1290 $37,074.60 Check #1290 $4.50 Check #1290 $570.00 Sub Total >2,750,011.93 Total Paid >2,750,011.93 ATTACHMENT D Page 1 011 ---PAGE BREAK--- ExbibitB Form of Notice of Payment Under Protest f . k..r PllJ"SUant to RMC 3.10.140, .crayments under protest and appea notice is hereby ~'iAV'~ given to the City of Redmond that the [Park Impact Fee in the amoliDt S t lk, 4q'l., \ lj ] (and] [Transportation Impact Fee in the amotmt:J.S 18 Z~I:\,I.j4S",g;) in connebtion witb Project No. P'15S€ known as "[aame ef preje _]is] [are) being paid under protest in order to obtain issuance of a [building permit} [other applicable permit] and thai all rights to appeals in connection with such permit, includmg-witbont limitation the requirement to pay impact [ees, the amoWlt of such fees and righta to exemptions from and/or credits against anch fees are re: erved and are not waived. RTC 74™ STREET PROPERTY, LLC, a Delaware limited liability company By: ~ - Name: Title: 4817-6057-SSS4v.2 0098779-<100002 E