A RESOLUTION granting conceptual approval to construct, maintain, and operate a rooftop photovoltaic array over the sidewalk areas of East Madison Street, 15th Avenue East, and East Pike Street, and to the centerline of the alley between East Madison Street and East Pike Street, as part of the construction of the new Bullitt Center at 1501 East Madison Street, as proposed by CCSDC, LLC.

WHEREAS, the Bullitt Center project would be the nation's first urban commercial building striving to meet the Living Building Challenge (LBC) and the first project to participate in the City of Seattle's Living Building Pilot program. The LBC requires that all of the building's energy needs be supplied by on-site renewable energy. The proposed photovoltaic (PV) array is essential in meeting the project's on-site renewable energy requirements; and

WHEREAS, the PV array was analyzed and approved as part of the Design Review and Master Use Permit No. 3011010 process; and

WHEREAS, the Seattle Design Commission has reviewed and recommended approval of the PV array on February 2, 2012; and

WHEREAS, in making this recommendation, the Director of the Seattle Department of Transportation (Director) considered the plans and application materials submitted by the applicant, CCSDC, LLC, to construct the PV array and recommends that conceptual approval be granted; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council finds that the rooftop photovoltaic (PV) array proposed by CCSDC, LLC, over the sidewalk areas of East Madison Street, 15th Avenue East, and East Pike Street, and to the centerline of the alley between East Madison Street and East Pike Street, as part of the construction of the new Bullitt Center at 1501 East Madison Street, is in the public

interest due to the project's use of sustainable energy and participation in the City's Living Building Pilot program.

Section 2. As conditions for obtaining permission to construct the PV array, CCSDC, LLC shall:

(1) obtain a term permit to utilize a portion of the City's right-of-way for the PV array as depicted in the plans approved by the Director;

(2) provide public liability insurance naming the City as an additional insured or in the form of selfinsurance, as approved by the City's Risk Manager;

(3) provide a sufficient bond in an amount deemed sufficient by the authorizing official and executed by a surety company authorized and qualified to do business in the State of Washington;

(4) maintain and inspect the PV array;

(5) timely remit any applicable annual term permit fees;

(6) sign and record a covenant agreement imposing the obligations and conditions set forth in the term permit ordinance; and

(7) remove the PV array and restore the public right-ofway to its original condition upon expiration of the term permit or at the direction of the Director or City Council in accordance with the provisions of the term permit ordinance.

After this Resolution is adopted, the Seattle Department of Transportation will present to the City Council a draft term permit ordinance incorporating the conditions under which permission may be granted for the use of the right-of-way. Permission to use the right-of-way is subject to the Council's decision to approve, deny, or modify the draft term permit ordinance presented by the Director.

Section 3. The Council also requests that the Director prepare an ordinance to amend the Seattle Department of Transportation's Street Use Fee Schedule (Attachment A to Ordinance 123477), as adopted under Seattle Municipal Code Section 15.04.074, to set an appropriate fee for the use of a public place for innovative building features that support sustainable building practices, including those anticipated under the City's Living Building Pilot Program. Council requests that the amendments to the Street Use fee schedule be submitted prior to submitting the term permit ordinance authorizing the PV array.

Section 4. As recommended by the Director and the Mayor, conceptual approval for the construction of a rooftop PV array over the sidewalk areas of East Madison Street, 15th Avenue East, and East Pike Street, and to the centerline of the alley between East Madison Street and East Pike Street, as proposed by CCSDC, LLC, is GRANTED.

Adopted by the City Council the ____ day of ____________________, 2012, and signed by me in open session in authentication of its adoption this________ day

of ______________________, 2012.

_________________________________

President ___________of the City Council

THE MAYOR CONCURRING:

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of ________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Angela Steel/Michael Jenkins SDOT CCSDC LLC PV Array RES April 24, 2012 Version #5