Req.#12438
"SOLUTIONNO. 37948
A RESOLUTION relating to the Harold E. LeMay Museum; authorizing the
2 execution of the Third Amendment to the Harold E. LeMay Museum Option
Agreement and the Third Amendment to the Development Agreement.
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4 WHEREAS, on October 2, 2009, the Harold E. LeMay Museum ("LeMay
5 Museum") provided written notice to the City that it intended to close on the
6 option to acquire City-owned property on Lots "B" and "C" of the Tacoma
7 Dome ("Dome"), and
8 WHEREAS Section 5 of the Second Amended Harold E. LeMay Museum
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Option Agreement ("Option") requires three conditions prior to closing: (1) to
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complete design development documents, (2) to raise 75 percent of the
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12 identified cost of construction, and (3) to own or have control of at least
4 3 600 LeMay Museum-quality vehicles, and
14 WHEREAS the LeMay Museum has completed those conditions and
15 desires to close on the property, and
16 WHEREAS, as the building design has continued to evolve and the
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needs of the project have changed, the LeMay Museum has requested
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19 modification to both the Option and the Development Agreements; Now,
20 Therefore,
21 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TACOMA:
22 That the proper officers of the City are hereby authorized to execute the
23 Third Amendment to the Harold E. LeMay Museum Option Agreement and the
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res12438.doc-JHC/1ad
LEG 004 (11/89)
Third Amendment to the Development Agreement, said documents to be
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2 substantially in the forms of the proposed Third Amendments on file in the office
3 of the City Clerk.
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Adopted DEC 0 8 2009
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7 Mayor
Attest:
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9 City Clerk
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1 1 Approved as to form:
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1 3 DeputYt i"orney
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1 6
1 7
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res12438.doc-JHC/Iad
LEG 004 (11/89)
CITY CLERK USE ONLY
FORD
;;@l REQUEST FOR Request#: ZZY5@@
bwma F] ORDINANCE M RESOLUTIVIN U 200S Ord./Res. #:_3 79 48
1. DATE: October 30, 2009 C ill Y C L L R K E
2. SPONSORED BY: COUNCIL MEMBER(s) N/A (if no sponsor, enter "N/A")
3a. REQUESTING 4a. CONTACT (for questions): PHONE:
DEPARTMENT/DIVISION/PROGRAM Martha Anderson 253-591-5207
Community & Economic Development
3b. "Do PASS" FROM
Yes 4b. Person Presenting: PHONE:
No Martha Anderson 253-591-5207
F-1 To Committee as information only
Z Did not go before a Committee
3c. DID THIS ITEM GO BEFORE THE
PUBLIC UTILITY BOARD? 4c. ATTORNEY: PHONE:
F-1 Yes, on Jeff Capell 253-591-5638
Z Not required
N/A
Department Director/Utility Division Budget Officer/Finance Director city M
5. REQUESTED COUNCIL DATE: November 24, 2009
6. SUMMARY AGENDA TITLE: (A concise sentence, as it will appear on the Council agenda.
Authorizing execution of the Third Amendment to the Harold E. LeMay Museum Option Agreement and
Development Agreement.
7. BACKGROUND INFORMATION/GENERAL DiscussioN: (Why is this request necessary? Are there legal
requirements? What are the viable alternatives? Who has been involved in the process?)
On October 2 nd , 2009 the Harold E. LeMay Museum (HELM) provided written notice to the City that it
intended to close on the option to acquire City-owned property on Tacoma Dome Lots B and C. Section
5 of the agreement requires three conditions prior to closing: 1) Complete Design Development
Documents, 2) Raise 75 percent of the identified cost of construction and 3) Own or have control over at
least 600 Museum Quality Vehicles. HELM has completed those conditions and desires to close on the
property. As the building design has continued to evolve and the needs of the project have changed
HELM has requested modification to the agreements including the following:
- Phase 1 property will adjust to approximately 7+ acres which will include all of Dome Lot B and a major
portion of Dome Lot C for parking, showfield and building. Boundary line adjustment will be completed
prior to closing.
- The perimeter access road connecting Dome Lots A and C will change from a 30 foot wide access road
to a 22 1/2 foot wide access road. Paving and grading cost will be paid by the City.
- HELM will control approximately 124 parking stalls on Dome Lot C.
- City will be responsible for certain infrastructure improvements including vacating an existing easement
for storm and sanitary in Lot C and relocating storm and sanitary to access road. HELM will be
responsible for extending utilities to serve its project and City will provide access to place utilities.
- Remaining parking in Lot C will remain at current grade. HELM will install barrier berms and
landscaping on its property. City will install berms and landscaping on its property.
- HELM will use parking revenues generated on its property to pay permit fees, utility relocation and
parking improvements. Parking revenues will not be shared with the City.
- HELM will install parking lot catch basin and storm line in Lot C. City and HELM will split the cost.
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cotclerk\foriiis@ReqitestResoliitioii0rditiatice.doc Office of the City Clerk (031231,2009)
CITY CLERK USE ONLY
REQUEST (CONT) Request IB-
Ord/Res 3 7 9 48
- City will provide location on City property for HELM signage.
- HELM agrees to not object to the City adding additional parking deck level(s) on Lot A with reasonable
design review rights.
8. LIST ALL MATERIAL AVAILABLE AS BACKUP INFORMATION FOR THE REQUEST AND INDICATE WHERE FILED:
Source Documents/Backup Material Location of Document
Harold E. LeMay Museum Option Agreement and City Clerk's Office
Development Agreements
First Amended Harold E. LeMay Museum Option City Clerk's Office
Agreement and Development Agreements
Second Amended Harold E. LeMay Museum Option City Clerk's Office
Agreement and Development Agreements
Draft Third Amended Harold E. LeMay Museum Option City Attorney's Office
Agreement and Development Agreements
9. WHICH OF THE CITY'S STRATEGIC GOALS DOES THIS ITEM SUPPORT? (CHECK THE GOAL THAT BEST APPLIES)
A. EIA SAFE, CLEAN AND ATTRACTIVE COMMUNITY
B. Z A DIVERSE, PRODUCTIVE AND SUSTAINABLE ECONOMY
C. F A HIGH-PERFORMING, OPEN AND ENGAGED GOVERNMENT
10. IFTHISCONTRACTISFORANAMOUNTOF$200,OOOORLESS,EXPLAINWHYITNEEDSLEGISLATIVEAPPROVAL:
11. FINANCIAL IMPACT: 1-1 EXPENDITURE F1 REVENUE
A. Z No IMPACT (NO FISCAL NOTE)
B. YES, OVER$ 1 00,000, Fiscal Note Attached
C. YES, UNDER $1 00,000, (NO FISCAL NOTE)
Provide funding source information below:
FUNDING SOURCE: (Enter amount of funding from each source)
Fund Number & Name: State $ City $ Other $ Total Amount
If an expenditure, is it budgeted? Yes No Where? Cost Center:
Acct
cotclerk @forms \ ReqiiestResoliitioii0rdittatice.doc Office of the City Clerk (0312312009)
Resolution No. 37 9 48
Adopted: DEC 0 8 2009
Maker of Motion:
Seconded: bbL=DAK
Voice Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Ms. Strickland
Mr. Talbert r7:;,<
Ms. Walker
Mayor Baarsma
Roll Call Vote:
MEMBERS AYES NAYS ABSTAIN ABSENT
Ms. Anderson
Mr. Fey
Ms. Ladenburg
Mr. Lonergan
Mr. Manthou
Ms. Strickland
Mr. Talbert
Ms. Walker
Mayor Baarsma
i.-VormsVesoLdoc