AN ORDINANCE relating to land use and zoning, amending page 133 of the Official Land Use Map, (Vol. 1 of Plats, page 57, of the Records of King County) to rezone property located at 2106 24th Avenue South, from Commercial-one with a 40' height limit (C1-40) to Commercial-one with a 65' height limit (C1-65) and accepting a Property Use and Development Agreement in connection therewith. (Petition of Sclater Partners for Thistledown, LLC, C.F. 304901 Application. 2104484)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This Ordinance affects the following described property (the "Property"):

All of lots 1, 2, 3, 4, and 5, Block 46, T.I. McKinney's Central Seattle, excluding the East 2' thereof dedicated for alley widening, according to the plat recorded in Vol. 1 of Plats, page 57, of the Records of King County.

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 110381 and last amended by Ordinance 120860, and established on pages 132 and 133 of the Official Land Use Map, is amended to rezone the Property from Commercial-one with a 40' height limit (C1-40) to Commercial-one with a 65' height limit (C1-65), as shown in "Exhibit A," attached to this Ordinance.

Section 3. Property Use and Development Agreement that was submitted to the City by Sclater Partners for Thistledown, LLC, owner of the Property, by which said owner agrees to certain restrictions upon the Property to ameliorate the adverse impacts of uses and developments otherwise permitted in the Commercial-one zone upon property in the vicinity, is hereby accepted and attached to this Ordinance as "Exhibit B."

Section 4. Pursuant to SMC Section 23.76.060B(1)(b), the rezone of the Property shall expire and be of no force and effect five (5) years from the effective date of the approval of this rezone unless an application is filed for a building permit for the building described in Exhibit B and that building is completed and a Certificate of Occupancy obtained from DCLU within the time permit authority is active and valid.

Section 5. The City Clerk is hereby authorized and directed to file a copy of said Property Use and Development Agreement and of this Ordinance at the King County Records and Elections Division, to file the original of the Property Use and Development Agreement with this Ordinance at the City Clerk's Office, and to deliver copies of the same to the Director of the Department of Design, Construction and Land Use and to the King County Assessor's Office.

Section 6. This Ordinance shall take effect and be in force thirty (30) days from and after its passage and approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the _____ day of _______________, 2002, and signed by me in open session in authentication of its passage this _____ day of _______________, 2002. ___________________________________ President of the City Council

Approved by me this _____ day of _______________, 2002. ___________________________________ Mayor

Filed by me this _____ day of _______________, 2002. ___________________________________ City Clerk

Exhibit A: Map

Exhibit B: Property Use and Development Agreement

V2 September 17, 2002 T

When Recorded, Return to: THE CITY CLERK First Floor, Municipal Building 600 4th Avenue Seattle, WA 98104

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantor: 1) Thistledown, LLC

Grantee: 1) The City of Seattle

Legal Description (abbreviated):

Lots 1-5, Block 46, T.I. McKinney's Central Seattle, exc. east 2 ft. thof dedicated for alley widening Vol. 1, pg 57 of King County plats.

Assessor's Tax Parcel ID #: 149830-3115, 149830-3116, 149830-3130, 149830-3105, 149830-3106.

THIS PROPERTY USE AND DEVELOPMENT AGREEMENT (the "Agreement") is executed this _____ day of ______, 2002 in favor of the City of Seattle, a Washington municipal corporation (herein called "City"), by Thistledown, LLC, a Washington limited liability company, owner of property legally described herein (herein called "Owner").

RECITALS

A. Thistledown, LLC is the owner of that certain real property in the City of Seattle described as "all of lots 1, 2, 3, 4, and 5, Block 46, T.I. McKinney's Central Seattle, excluding the East 2' thereof dedicated for alley widening, according to the plat recorded in Vol. 1of Plats, page 57, of the Records of King County" at 2106 24th Ave. S. and zoned Commercial-One with a 40 foot height limit (C1-40), that is the subject of this agreement ( herein called the "Property").

B. On October 23, 2001, Thistledown, LLC, submitted to the City of Seattle an application for a contract rezone from Commercial-One with a 40' height limit (C1-40) to Commercial-One with a 65' height limit (C1-65). The purpose of the application is to allow the Property to be used for construction of a building that would exceed the existing 40-foot height limit by approximately four feet to be occupied by Treehouse, which serves foster children in the Seattle area.

C. Seattle Municipal Code (SMC) Section 23.34.004 allows the City to approve a contract rezone subject to "self-imposed restrictions upon the use and development of the property in order to ameliorate adverse impacts which could occur from unrestricted use and development permitted in the zone."

D. The Owner has a fee simple or other beneficial interest in the Property described in paragraph A. and wants the City Council to rezone the property pursuant to SMC23.34.004.

AGREEMENT

Section 1. Zone Changes Limited to Proposed Building. Pursuant to SMC 23.34.004, the Owner hereby covenants, bargains and agrees, on behalf of itself and its successors and assigns, that it will comply with the following limitations and conditions in consideration of the rezone of the Property from C1-40 to C1-65: The changes in zone designation are established only for development with a building with substantially the same height, design and materials and with substantially the same amenities and improvements in the pedestrian environment, both public and private, as depicted in the application for MUP 2104484 and represented in the Clerk's File CF 304901. Typical mechanical vents and exhausts may be added to the roof of the approved building.

Section 2. Agreement Runs With the Land. This Property Use and Development Agreement ("Agreement") shall be recorded in the records of King County by the City Clerk. The covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owner, its heirs, successors and assigns, and shall apply to after-acquired title of the Owner of the Property; provided the covenants herein and the rezone shall expire and be of no force and effect Five (5) years from the effective date of the approval of this rezone unless an application is filed for a building permit for the building contemplated in the attached Exhibit A and that building is completed and a Certificate of Occupancy obtained from DCLU within the time permit authority is active and valid.

Section 3. Amendment, Exercise of Police Power, No Precedent. This agreement may be amended or modified by agreement between Owner and the City provided such amendment agreement shall be approved by the legislative authority of the City by ordinance. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Land Use Code or exercising the City's police power as it may deem necessary in the public interest. Owner agrees that nothing in this Agreement is intended to authorize any use or dimension not otherwise permitted in a Commercial-One zone with a sixty-five foot height limit (C1-65). The conditions contained in this Agreement are based on the unique circumstances applicable to this Property, and this Agreement is not intended to establish precedent for other rezones in the surrounding area.

Section 4. Benefited. This Agreement is made for the benefit of the City and for the benefit of the owners of the property within 300 feet of the Property and either the City or any such property owners may institute and prosecute any proceeding at law or in equity to enforce this Agreement.

Section 5. Repeal as Additional Remedy. Owner acknowledges that compliance with the conditions of this Agreement is a condition of the subject rezone and that if Owner avails itself of the benefits of this rezone but then fails to comply with the conditions of this Agreement with the City, in addition to pursuing any other remedy, the City may revoke the rezone by ordinance and require the use of the Property to conform to the requirements of the previously existing C1-40' zone.

SIGNED this _____ day of ____________________, 2002. OWNER______________________________________ a ____________________________________________ By _____________________________(title).

STATE OF WASHINGTON COUNTY OF KING } ss.

On this day personally appeared before me _______, to me known to be the ___________ of Thistledown, LLC, the party that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such corporation, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this _____ day of _______________________________, 2002. Printed Name ___________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ______________________________________ My Commission Expires _______________

Exhibit B (8/27/02) t