Land Use and SEPA Projects

Seattle Art Museum - Olympic Sculpture Park (Seattle waterfront). DWT currently serves as the land use counsel for the Seattle Art Museum's Olympic Sculpture Park. OSP is being permitted and developed on Elliot Bay with a three block site just south of Myrtle Edwards Park. The work includes master use permits, shoreline permits, beach and salmon habitat enhancement, street vacations, aerial street vacations and the coordination with the City and WSDOT for a road underpass through the site. DWT is involved in not only permitting, but also strategy decisions, selection of additional consultants and part of the overall project team. DWT also was responsible for the sale and lease-back and lease and lease-back to the Museum Development Authority of property necessary for the Olympic Sculpture Park. DWT advised SAM on several challenging municipal finance issues that have arisen with the Olympic Sculpture Park project. Our partner, Lynn Manolopoulos, successfully led the complex negotiation and implementation of the environmental clean-up of the site.

Seattle Times Mixed Use Project (South Lake Union). Represent the Seattle Times in its real estate assemblage and City of Seattle permitting for a 4.5 block mixed use development in the South Lake Union area. The project included twin-tower offices, retail and daycare, a printing plant and parking garage. The City approvals spanned 3 years and included SEPA compliance and environmental mitigation, rezoning, PUDA, 3 Master Use Permits, two street vacations, a skybridge approval, and landmark building designations and certificates of approval. The approvals required coordination with multiple City departments and proceedings including the City Council, DCLU, Seattle Engineering Department, hearing examiner, Design Commission and Landmarks Preservation Board. The approvals were ultimately linked with a 10-year vesting period by a Development Agreement (the City's first use of the Development Agreement statute adopted as part of the state's 1995 regulatory reform package) and a Street Vacation Agreement (which included land swaps and coordinated parking and street use agreements between the Seattle Times and the City).

Children's Hospital and Regional Medical Center. Represent Children Hospital in developing and obtaining City of Seattle approval of its Major Institution Master Plan, which represents a 15-year blueprint for the continued development of Children's Laurelhurst campus. Represented Children's in obtaining Master Use Permits for the hospital expansion projects, including a medical pavilion, in-patient beds, clinic facilities, and a helistop for critically ill patients.

Everett Special Events Center. Represented the City of Everett in the planning, design, procurement and land use review process for the City's 10,000 seat Special Events Center in the heart of Everett's downtown. This $72 million project involved a bidder-design RFP procurement process and a multi-governmental development and financing package between the City, Snohomish County, and the Public Facilities Districts.

Issaquah Highlands Master Plan and Plats (Issaquah & King County). Represent the master developer of the 2,200-acre project: 3,250 homes; 30% of units as affordable housing; 3.75 million square feet commercial/residential; 1,500 acres of parks, trails and open space in Issaquah and King County. Negotiated, drafted and administered 3-party development agreement between King County, Issaquah and the master developer. Negotiated, drafted and administered 2-party annexation and development agreement for developer with City of Issaquah. These development agreements allow extra project vesting (i.e., 20-year vesting), set forth specific development standards tailored to the site, and implement public-private partnerships for infrastructure construction and delivery. Negotiated and drafted developer extension agreements, utility franchises and agreements, access agreements and latecomer reimbursement agreements.

Washington State Convention Center Expansion (8th & Pike). Served as special counsel to the State Attorney General's office in connection with the expansion of the Convention Center. Reviewed the zoning and permit requirements and development potential for a downtown Seattle block which was being condemned and now occupied by the expanded by the Convention Center. Work involved reviewing the zoning and permitting envelope and requirements, working with appraisers and assessing development potential for the full block area.

I-90 Sunset Interchange Master Transportation Agreement. Principal author and negotiator of the a major public/private agreement signed in June of 1996 for a new I-90 interchange and major connecting access roads from the East Sammamish Plateau near Issaquah, Washington. King County, the City of Issaquah, and the Grand Ridge and Glacier Ridge Partnerships entered into a Master Transportation Financing Agreement (MTFA) for interchange, arterial and bypass improvements costing $77.8 million (1996 dollars). The MTFA deals with relevant subjects such as cost sharing among the entities, right-of-way acquisition and dedication, compliance with procurement, affirmative action and bidding requirements, preparation of environmental and engineering documents, permitting and land use cooperation, insurance and indemnifications.

Downtown Seattle Transit Project. Participated in the management team for Metro's Downtown Seattle Transit Project and coordinated the legal work of over twenty lawyers working on the project. Negotiated most of the agreements for land acquisition and joint use of the right-of-way necessary for the Project through nearly 40 land acquisition agreements. Assisted Metro to implement the transit oriented development elements of the bus tunnel project. These included a variety of station acquisition agreements, such as at Union Station and at the Prescott property at Third Avenue and Pine Street, in which the public and private partners allocated property interests within physical space to meet their needs. The Union Station agreement also provided for the construction of a platform above the bus staging area for subsequent private development.

Metro Secondary Treatment Facilities. Represented and advised the City of Seattle and the Department of Construction and Land Use (DCLU) in its review and examination of the $1 billion proposed secondary treatment facilities, and the upgrade of the West Point facilities in Discovery Park. This representation included EIS review and contested proceedings before the Hearing Examiner and City Council.

Real Estate Transactions

Seattle Biomedical Research Institute (307 Westlake, Seattle). DWT represented Seattle Biomedical Research Institute in a joint venture with a venture capital firm and Harbor Properties to develop a state of the art research laboratory and mixed use facility at 307 Westlake. The project consists of a five story building with underground parking and retail space at the ground level, with four floors of laboratory and office space above.

Sound Transit Real Estate Transactions. Represent Sound Transit in the acquisition and public-private development (with the City of Redmond and Microsoft) of the Overlake Transit Center and the acquisition of necessary property interests from King County and the Washington State Department of Transportation and negotiation of three-party public partnership in support of the E-3 Busway for Link Light Rail, King County Metro Bus Tunnel and WSDOT I-90 and SR 519 Projects. Drafted Sound Transit's Real Property Disposition Procedures which were specifically crafted to assist that agency implement its Transit Oriented Development program.

Apple American Group LLC. Primary counsel for Apple American Group LLC in the formation of new restaurant holding company, acquisition of 78 franchised restaurants in five states and negotiation of equity investments and $135 million credit facility.

Hines Interests and National Office Properties LP.

• Represented Hines Interests and National Office Properties LP in all aspects of site acquisition, development and leasing of IDX Tower, a new 40 story, Class A high-rise office tower in the Seattle central business district, with 810,000 square feet of office space.
  
  
• Represented Hines Interests in the site acquisition, development, lease and sale of Cedar Court, a four building, 430,000 square foot office complex in Redmond, Washington.
  
  
• Represented Hines Interests in the site acquisition, development, leasing and sale of 112th @ 12th, a three building, 480,000 square foot office project in Bellevue, Washington.
  
  

Aircraft-related Properties and Facilities. Represented various clients in the acquisition, development, leasing and disposition of aircraft-related properties and facilities in multiple states, including the sale of an FBO (flight based operation) business and the development of new state-of-the-art jet aircraft hangar facilities in several states.

Washington Mutual Financial Center. Negotiated and closed the sale of Washington Mutual Financial Center, one of Spokane, Washington's largest office buildings, working through a bankruptcy court-approved reorganization plan.

Cancer Care Alliance (Ground Lease, Seattle). Negotiated the long-term ground lease for development of a multi-story-patient treatment facility for Seattle's Cancer Care Alliance, a consortium comprised of Children's Hospital & Regional Medical Center, Fred Hutchinson Cancer Research Center and the University of Washington Medical Center.

Bank of America Tower Disposition. Represented Bank of America, the owner of Bank of America Tower, a 76 story high-rise office tower in Seattle, Washington, in the $404 million sale of the building, including the bank's major lease-back of office and retail space.

U.S. Bank Centre Disposition. Represented the owner of U.S. Bank Centre, a 44 story high-rise office and retail project in downtown Seattle, in a $237 million sale transaction.

Four Seasons Olympic Hotel (Seattle downtown). DWT as local counsel represented the Fairmont Hotel as buyer of the ground lease interest of the Four Seasons Olympic Hotel in performing zoning and permitting due diligence review.

Transferable Development Rights (King County and Issaquah). Represented Port Blakely in its successful purchase of $3 million of TDRs under King County's Transfer of Development Rights program. The purchase transferred 500,000 of building sq. ft. of office and retail for use in the Issaquah Highlands mixed use urban center from the Mitchell Hill area in rural King County. Represented Port Blakely in its sale to King County of a $2.8 million conservation easement and Transferable Development Rights upon a 443 acre property located near Ames Lake.

Union Station Mixed Use Project (Seattle). Represented the buyer of three buildings constructed as air space condominiums at the former Union Station in Seattle. The purchase involved three buildings (600,000 square feet) for a total purchase price of $150 million. Buyer's decision was based in part upon the transportation hub with the bus tunnel and transit station, Amtrak and heavy rail, and the potential light rail line. The acquisition also involved over $90 million in financing.

Cascade Neighborhood - Mixed Use Project (Seattle). Represent PEMCO Mutual Insurance Company, in partnership with City Investors, Inc. in a project to develop a mixed use project with approximately 140,000 square feet of office, 300 residential units, 35,000 square feet of street level retail and associated underground parking. The project objective is to provide housing and services for employees of the region's new biotech companies, as well as existing businesses in the area such as PEMCO, Fred Hutchison, REI, and The Seattle Times.

Appeals and Litigation

DWT has been highly successful in defending its land use advice and permits obtained by its clients. The following is a representative sample of administrative appeals, superior court, Supreme Court and Growth Management Hearings Board matters:

Children's Hospital Master Plan. Numerous neighborhood association appeals; successfully defended Children's Hospital in every appeal.

Waste Management - Adams County. Successfully advised and defended challenges under SEPA and applicable land use codes for new solid waste facility required by Seattle agreement with Waste Management. OPAL v. Adams County, 120 Wn.2d 869 (1996).

Waste Management - Transfer Station in South Seattle. Successfully defended neighborhood and business coalition appeal of city approval of permits for expanded transfer and recycling station.

Blakely Ridge Master Plan and EIS. Successfully defended SEPA and county permitting for master plan development. King County v. CPSGMHP, 138 Wn.2d 161 (1999); 91 Wash. App. 1 (1998).

Everett City Center Financing. Successfully defended project from an attempted initiative filed by opponents. Summary judgment obtained to dismiss the initiative without an election.

McGarvey Park SEPA and Plat. Successfully defended developer's plat and SEPA compliance.

Bremerton Mixed Use Project. Successfully defended SEPA and growth management decision, annexation and development agreement from appeals by citizen group and Snoqualmish Indian tribe.

Wenatchee Plat and SEPA Approval. Successfully defended developer in plat and SEPA appeal. Wenatchee Sportsmen's Association v. Chelan County, 141 Wn.2d 169 (2000).

Other

Blakely Ridge Master Plan and Plat (unincorporated King County). 1,080-acre project: 2,250 homes; 30% affordable housing units; 100,000 square feet commercial/retail; 550 acres of recreation and open space. (1988-1998)

SEPA/NEPA. The Bear Creek master plans [Blakely Ridge and Redmond Ridge] are perhaps the most litigated master plan/plats in Washington State history. We advised on preparation of the full project EIS and supplements. We defended multiple SEPA appeals to the hearing examiner and County Council; superior court actions, appellate court. We defended the County approvals before the Growth Management Hearings Board.

Land Use and Permitting. Conceived and implemented a new King County ordinance establishing Bear Creek MPDs as a "demonstration project" for affordable housing by establishing expedited processing, special reviews and dispute resolution procedures. Negotiated administrative review agreement for special DDES project review team. Drafted new King County code for "urban planned developments" and development agreements. Successfully completed all permitting and entitlement work and drafted development agreement for the Blakely Ridge project from 1998 until its sale to Quadrant in 1998. Obtained all approvals for wetlands, streams, steep slope regulations; provided guidance on critical area studies and mitigation. Advised on highly contended master drainage plan for wetlands and streams on-site and off-site discharges to Snoqualmie River. Negotiated impact fee and transportation mitigation agreements both with King County and City of Redmond. Negotiated fire station agreement with local fire district.

Real Estate. Drafted declaration of CC&Rs and homeowner association documents. Drafted mitigation agreements. Negotiated and drafted a bulk sale agreement. Bulk sale agreement to builder/developer.

McGarvey Park/Woodside Plat (unincorporated King County). King County "4:1" project on 493 acres: 560 residential units and 394 acres of open space in unincorporated King County. (1990-Present)

SEPA/NEPA. Advised on draft and final EIS preparation.

Land Use and Permitting. Obtained preliminary and final plat approvals through contested case hearings. Advised on high-quality wetland and bog mitigations. Obtained transportation concurrency approvals from County and WSDOT for off-site roads. Negotiated road mitigation agreements.

Real Estate. Negotiated and implemented public-private land exchanges between developer and King County Parks Division and King County Roads Division. Drafted landscaping, roadway and access easements with King County. Implemented County comprehensive plan for "4:1" project. Drafted master drainage easements. Drafted mitigation agreements with water district. Drafted declaration of CC&Rs and homeowner association documents.

Cougar Mountain Master Plans/Lakemont and Montreux Projects (King County, Bellevue and Issaquah). Represented both developers [East-West Partners and Glacier Park Company/Glacier Ridge Partnership] in the joint master plan known as Cougar Mountain. Lakemont portion included 620 single-family units; 400 affordable apartment units; a commercial center; central park with ballfields, tennis courts and jogging trails; and additional 170 acres of open space on Cougar Mountain. (1990-1997)

SEPA/NEPA. Advised regarding preparation and defense of environmental impact statement.

Land Use and Permitting. Drafted development agreements; obtained rezones, plats and site plan approvals. Defended developer in contested case hearings before hearing examiner.

Real Estate. Drafted preannexation agreements. Drafted utility extension and latecomer agreements. Drafted CC&Rs and homeowner association documents.

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