tumwater brewhouse
TRANSCRIPT
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AGENDA ITEM
NO
7a
MEETINGDATE
April 5
2 6
TO
City
Council
council@ci
tumwater
wa
us
FROM
Heidi
Behrends
Cerniwey Assistant City
Administrator
Brewery Project
Manager
hcerniwey@ci tumwater
wa
us
SUBJECT
Letter
of Agreement wth
Falls
Development toAcquire
Old
Brewhouse
and
Trails
Attachments
A
Letter o
Agreement
between
the
City
o Tumwater
and Falls
Development LLC for
Tumwater
Historic Brewery Site Development
Project
2
Recommended
Action
Authorize
the
Mayor to
sign the
Letter
of Agreement in
substantially similar
form
as approved by
city
attorney
to transfer
ownership
of
Old Brewhouse
building
necessary
easements
for access
utilities construction
and
trails
to
the
City and advance
adaptive
reuse
of the
historic
brewery
site
3
Background
The Old Brewhouse
is a community icon and historic landmark
The
property
was
placed
on
the
NationalRegister
of
Historic Places in 978 The structure
has
been on
Washington
Trust
for
Historic Preservation Watch List
snce
2 4 Revitalizing
this
asse t
has been
a City
and community priority for
severayears
Over the years the City has taken a number of actions
designed to protect
the
Old Brewhouse
These have included
Comprehensive Plan
goals and
policies
to
protect
designated
national
landmarks
and
encourage
the
development
of the
Tumwater
Historic Commercial Zoning District
In the
mid 99 s
the
City
adopted special
zoning
and shoreline
designation for the
Old Brewhouse
to
encourage its preservation and redevelopment A
specific
City goal
states
preserve historic old brewhouse
and restoration is in the
Capital
Facility
Plan
Protecting
and restoring the structure for future generations is in the
public
s
best
interest Redevelopment
of
the historic
site
will benefit the public
preserve
historic structures
provdepubic
access
create opportunity for
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economc
development
tourism
cutura preservaion envronmena
cleanup
improve water
quality
and protect habitat
and
critical
areas
Creating public
access
through
construction of pedestrian
bicycle
trails
and
boardwalks
will
enhance
the regional trail network and provide recreational
benefits to
the
community
4
Alternatives
Renegotiate the agreementwith FallsDevelopment LLC
5
Fiscal
Notes
Acquisition of the
Old
Brewhouse commits
the
City to rehabilitation of
the
structurewthan
esimated
cos o 5 6 million dollars for full
use
Foundation
grants State
Heritage
Program
State Community Capital
Project
funding
CERB
private
donations
and
tax credits
are
potential
sources of
funding Operations and maintenance would
be
additional
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LETTER
OFAGREEMENT
BETWEEN THE CITY OF TUMWATERAND
FALLS
DEVELOPMENT
LLC
FORTUMWATERHISTORIC BREWERY SITE REDEVELOPMENT PROJECT
THIS
LETTER
OF
UNDERSTANDING
Letter is
made
by
and
between the
City
ofTumwater hereinafter
the City and Falls Development LL C a corporation of limited partnership organized under the laws of
the State ofWashington hereinafter Falls Development
This Letter is by and between the
City
of Tumwater
and
Fal ls Development hereinafter the
Letter
relates to
the
Tumwater Historic Brewery
Site
Redevelopment
project
hereinafter the
Project
which is located at 24 Custer Way SW
and
3223 Boston Street SW hereinafter the
Property
The
O ld Brewhouse is a
community
icon and a
historical
landmark located
on
the Property
Protecting
and
restoring
the
structure
for future generations is
in
the
public
s best
interest The
Old Brewhouse is the six story Italianate brick tower with sandstone trim arched windows
and
copper roof that
sits
at the base of the Deschutes River
The
historic tower
built
in 9 6
and
served as
the
center of gravity brewing operation for Olympia
Beer
until Prohibition in
9 6
The
Warehouse
Building refers collectively
to
several connected structures
on
the lower
portion of the historic site
including the
Cellar constructed
in
9 5 with an addition
in
9 7
directly
south
of the O ld Brewhouse the long two story warehouse built around 945 and ke g
house also built in 9 7 to the east on the Property
Redevelopment of the historic site wll
benefit the
public preserve historic structures provide
public
access
create opportunity
for economic development tourism cultural preservation
environmental
cleanup
improve
water
quality and protect habitat and
critical areas
Creating public
access through construction
of
pedestrian bicycle trails and boardwalks with
design
and scale that
are
appropriate tothe site and functionwll enhance the regional trail
network and
provide recreational benefits
to the community
The parties agree to
the
following
The most
efficient
economic development of the
Property
depends upon numerous
factors
such as
market
orientation and
demand
interest
rates
competitionand
similar factors
and
generally
itwill
be
most economically
beneficial
to
the
ultimate tenants and purchasers of
the
Property to
have
the
rate
of development determined by
the Fal ls
Development
However
the
parties
also
acknowedge that
because
the Proectwll
be phased
certain amenities associated
with
the
Project
must
be available to all phases of
the
Project in order to address
health
safety
and
welfare of the public Improvements associatedwth the
Project
shall
be addressed in
future agreements betweenthe parties
On
or
before April
3 2 6
Fal ls
Development will deliver to the
City
a statutory warranty
deed
that
creates a separate
land
parcel
which
includes
the O ld
Brewhouse
and
necessary easements
for site access and utilities toserve the Old Brewhouse A
legal description is
attached as Exhibit
A
and
Exhibit B Al
applicable
grants
and
historic taxcredit
incentives
for
rehabilitationwll
belong to the
City
On or
before April 3 2 6 Fal ls Development will deliver
a statutory warranty deed to
provide
necessary
easements
for
a
Public Trail
including but not limited to construction and
maintenance of the trails and boardwalk through the Property to the
City A
legal description is
attached
as Exhibit C and Exhibit D that describes
the
entire trail Said
easement
is 25 feet in
Draft
Letter
3 29 2 6
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width If requested
by
theCity Fal ls Development shall provide within 3 days of request a
pedestrian easement
connecting the
tower
with the public trail and boardwalk
4
The
City
will provide a letter to
Falls
Development outlining a commitment to rehabilitate
the
Old Brewhouse and todesign and
construct
Public
Trails
and boardwalk that facilitate public
access to
the Property
5
The City
will
process
payment
of
4
5
to
Fal ls
Development
for
compensation
of
public trail
easement wthin
6
days after the deed transfer is recorded
6
The
City
and
Fal ls
Development will negotiate future agreement s to
share proportionate
costs
of
construction
for
the utilities and access
road necessary to
rehabilitate the O ld
Brewhouse
The City
and Fal ls Development agree in concept that
future
agreements
may
include
provisions
providing
that
if
Fal ls
Development
files
a complete
building
permit application
for the
Warehouse Building
by January
2 9 and
obtains a
certificate
of occupancy
for
the
Warehouse
Building by January
2 2 the
Citywill reimburse
up to
one
million dollars
for infrastructure
improvements
either as a
direct
reimbursement to Falls
Development based on
actual
costs or
as
otherwse negotiated betweenthe
parties
Infrastructure could
include
water
sewer
stormwater
or
access
road
improvements as
determined by
the City This payment shall be credited against the City s proportionate costs
7
The
City
and
Fal ls Development
will negotiate
parking
as
necessary
for
the us e
of the
O ld
Brewhouse
tower
and other public
facilities
in a future
agreement
8
Fal ls
Development will grant
the
City construction easements
of
a minimum of feet
in
circumference of the construction
site
9
The
City and Fal ls Development agree to work together to facilitate construction of
a
structure
adjacent tothe Old Brewhouse that meets
all
applicable federal state and local laws and
reguations
The
City
will explore funding options
for
future construction of a pedestrian bridge consistent
with City of Tumwater Parks Open Space Plan
that extends
from the Property to Tumwater
Historical
Park and
agrees
toworkwth
Falls
Development in a future agreement to provide
access topublic restrooms at
the Project site
The
City
agrees
in
concept
to
allow
Fal ls
Development
the
first
option to
lease
the
O ld
Brewhouse
structure to provide
a
complimentary use consistent with
adaptive reuse
of other
buildings on the Property Fal ls
Development acknowledges that funding constraints
or
circumstances may not support this option
2 At any
point
before legal transfer of
the
title
and
deed to the O ld Brewhouse are satisfied items
2
and
3
above
Falls Development reserves the right to rescind
all
terms
of
this agreement
wth
no
recourse
from the
City
3 Within
6
days of the payment pursuant toitem 5 above Falls
Developmentwll
contribute the
sumof 4 5 toward renovation
of
the
tower
4
The City and Fal ls Development will negotiate future agreements to address items not
addressed in this Letter
The
parties
agree
tothis
Letter and that it is based on the
best
information
available at
the time
of
signature The
parties
are committed to working in good faith and collaboratively to
achieve
the
goals
The
parties further agree that no
agreement is
made beyondwhat is included in this
document
IN
WITNESS WHEREOF
the
parties hereto
have caused
this Letter
to
be executed
as
of
the
datesset
forth below
Draft
Letter
3 29 2 6
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OWNER
FALLS
DEVELOPMENT
CITY OF
TUMWATER
By
Its
ATTEST
By
City Clerk
APPROVED AS
TO
FORM
By
CityAttorney
Add
notary
blocks
Draft
Letter
3 29 2 6
By
Its Mayor
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THAT
PORTION
OF
THE SOUTHWEST QUARTER O F
THE
NORTHWEST QUARTER OF SECTION
26
TOWNSHIP
8
NORTH
RANGE 2
WEST
W M THURSTON COUNTY WASHINGTON ALSO BEING A
PORTION
OF
TRACTS
5
AND
7 OFTHE SUPPLEMENTAL PLAT OF
CROSBY
S PLAT AS
RECORDED
IN
VOLUME OF PLATS PAGE 5 RECORDS OF
THURSTON
COUNTY WASHINGTON DESCRIBED AS
FOLLOWS
COMMENCING AT THE NORTHEAST
CORNER OF THE
FOLLOWING
DESCRIBED PARCEL
BLOCK 7 PLAT O F EASTTUMWATER AS
RECORDED
IN VOLUME
2 OF
PLATS PAGE 8 RECORDS
OF
THURSTON COUNTY WASHINGTON TOGETHER WITH THE VACATED SOUTH 5 FEET OF DE
SOTO
STREET
ADJOINING
SAID
BLOCK
ON THE NORTH
FROM
WHICH
POINT
THE
SOUTHEAST
CORNER THEREOF BEARS 5 42
W
THENCE N 7 56 25 67 54
FEET TO THE TRUE
POINT OF BEGINNING OFTHE
HEREIN
DESCRIBED
PROPERTY
THENCE N 4 55 W 83 44 FEET
THENCE
N89 25 4 94 3
FEET
THENCE S 4 55
83 44
FEET
THENCE S89 25 4 W 94 3 FEET TO THE
TRUE POINT
OF BEGINNING
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SCALE
IN
FEET
2
4
8
EXHIBIT
B
TRUE
POINT
OF BEGINNING
DE SOTO
STREET
BLOCK
7
EAST
TUMWATER
VOL
2
PLATS PG
8
C
KaunGs
CONNOLLY
Lu
n
N
a
V
N 89
25
4
E
94
3
N
Iw
d
Lo
ool
2
A
94
3
J
S 89 25 4
W
POINT OF
COMMENCEMENT
3
3
e3
Z9A
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EXHIBIT C
ANEASEMENT OVER UNDER ANDACROSS THAT PORTION
OF
THE SOUTHWEST QUARTER OF THE
NORTHWEST
QUARTER
THE
SOUTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
AND
THE
NORTHEAST QUARTER OF THE NORTHWESTQUARTER ALL IN
SECTION
26 ANDTHATPORTION OF THE
SOUTHEAST QUARTER OF THE
SOUTHWEST
QUARTER
AND
THE SOUTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 23 ALL
IN TOWNSHIP
8 NORTH RANGE 2 WEST
W
M
THURSTON
COUNTY
WASHINGTON ALSO BEING PORTIONS OF THE PLAT OF CROSBY
S
DONATION LAND CLAIM AS
RECORDED IN
VOLUME
2 OF PLATS PAGE 8 THE PLAT OF
TUMWATER
AS RECORDED IN
VOLUME
2 OF
PLATS PAGE 8 THE SUPPLEMENTAL
PLAT
OF C CROSBY S DONATION LAND CLAIM AS RECORDED IN
VOLUME OF PLATS PAGE 5 LACKEY S
REPLAT AS RECORDED IN VOLUME
OF
PLATS PAGE 42
THE PLAT OF OLYMPIAHIGHLANDS AS RECORDED IN
VOLUME 7
OF PLATS PAGE
3
THE PLAT OF
SWAN
S ADDITION
AS
RECORDED IN VOLUME
OF PLATS PAGE 37 THE PLAT OFWILDWOODPARK
AS
RECORDED IN
VOLUME
9 OF PLATS
PAGE
39 ALL RECORDS OF
THURSTON
COUNTY WASHINGTON
SAID
EASEMENT
BEING
25
FEET
IN
WIDTH
HAVING
2
5
FEET ON
EACH
SIDE
OF
THE FOLLOWING
DESCRIBED
CENTERLINE
COMMENCING AT THE NORTHEAST
CORNER
OF THE
FOLLOWING
DESCRIBED PARCEL
BLOCK 7 PLAT OF EASTTUMWATERAS RECORDED IN VOLUME
2
OF PLATS PAGE 8 RECORDS
OF
THURSTON
COUNTY
WASHINGTON
TOGETHER WITH THE
VACATED SOUTH 5
FEET OF DE
SOTO STREET ADJOININGSAID BLOCK ON THE
NORTH
FROM WHICH
POINT THE
SOUTHEAST
CORNER THEREOF
BEARS S 42
W
THENCE
N 3 4
W 62
6
FEET TO THE TRUE
POINT
OF BEGINNINGOF THE HEREIN DESCRIBED
CENTERLINE
THENCE S2
34
E
84
8 FEET
TO
THE BEGINNING
OF
A 75 FOOT
RADIUS
CURVE TO THE LEFT
THENCE
SOUTHEASTERLY
THROUGH
A
CENTRAL
ANGLE OF 69
2
AN
ARC DISTANCE OF
9
78 FEET
THENCE
N89
38
26 E 676
FEET TO THE BEGINNING OF A 85
6
FOOT RADIUS CURVE TO THE
LEFT
THENCE NORTHEASTERLY
THROUGH
A CENTRAL ANGLE OF 49 9 AN ARC
DISTANCE
OF 45 83
FEET
THENCE N4 48
5
E 74 FEET
THENCE
N43 3 27 E
94 9
FEET
THENCE N35 6 22 E 45 7 FEET
THENCE N49 33 8 E 46 44 FEET
THENCE N48 52 39 E
25
6 FEET
THENCE N5 4 56
E
4 64
FEET
THENCE
N5 3 2 E 75 8 FEET
THENCE N48 8 34 E 78 77 FEET
THENCE
N52 49 36 E 29 45 FEET TO
THE
BEGINNING
OF A 52
59
FOOT RADIUS CURVE
TO
THE
LEFT
THENCE
NORTHERLY THROUGH A CENTRAL
ANGLE
OF 38 39 2 AN ARC DISTANCE OF
35 88 FEET
THENCE N 4
5
E 72 25 FEET
THENCE
N 5 6 36 E 3 69 FEET
THENCE N 4 28 W48 95 FEET
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THENCE
N2
37
46
W
84
FEET
THENCE N26 49 7 W
229
FEET
THENCE N 8 7 3
W
47 9
FEET
THENCE
N34
39 W
42
4 FEET
THENCE N44
59 22 W 57 8 FEET
THENCE
N4
2
6
W
68
FEET
THENCE
N36 44 59
W
52 8
FEET
THENCE N36 24
2 W 47
35
FEET
THENCE
N48
3
4
W 53 26 FEET
THENCE N53 24 6
W
24 67 FEET
THENCE
N56 52
47
24 39 FEET
THENCE
N5 34 24
99 39
FEET
THENCE
N49
48
32
98 22
FEET
THENCE
N5 4 2 52 69 FEET TO
THE
BEGINNING
OF A 336
45 FOOT
RADIUS CURVE TO THE
LEFT
THENCE NORTHEASTERLY
THROUGH A
CENTRAL ANGLE OF
3 29 57 AN
ARC DISTANCE OF 3 4
87
FEET
THENCE
N38
36 38
33
5
FEET
THENCE
N39 34 38
99
8
FEET
THENCE
N36
3344 E 32
9 FEET
THENCE
N63
57 23 22 69 FEET
THENCE N36
3 59
498
2
FEET
THENCE N34
39
43
89 65 FEET
THENCE
N58
37 3 E 64 49
FEET
THENCE N35 37
7
98
65
FEETTO THE
BEGINNING
OF A 5 FOOT RADIUS CURVE
TO THE
RIGHT
THENCE NORTHEASTERLY EASTERLY AND SOUTHEASTERLY THROUGH A CENTRAL ANGLE
OF
82 3 32
AN
ARC DISTANCE OF 7
2
FEET
THENCE S6
5 E 85 3 FEET TO
THE TERMINUS OF THE
HEREIN
DESCRIBED CENTERLINE
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LINE
NO
BEARING
DISTANCE
9
EXHIBIT
D
N 3
4
62 6
L
N 48 8 34
78 77
L2
5
2
34
84
8
L 3
N
4
5
72
25
L3 N
89 38 26
E
676 CURVENO
DELTA RADIUS
LENGTH
L4
N
4 48
5
74
Cl
69 2
75
9 78
L5
N
43
3 27
949
C2
45 9
85
6 45 83
L6
N
35 6 22
45 7
C3
38 39
2 52
59 35
88
L7
N
49 33 8
46 44
C4
3 29 57
336
45
3 4
87
47
35
N
48
N 48 3 4
W
C5
82
3 32 5 7 2
L8
52 39
25 6
9
N 5 4 56
4 64
L
N
5
3 2
75 8
L
N 48 8 34
78 77
L 2
N
52
49
36
29 45
L 3
N
4
5
72
25
L 4
N
5
6 36
3 69
L 5 N
4
28 W
48 95
L 6
N
2 37
46
W
84
L 7
N
26 49
7
W
229
L 8
N 8 7
3 W
47 9
L 9
N
34 39 W 42 4
L2
N
44 59 22 W
57 8
L2
N
4 2 6
W
68
L22
N 36
44
59
W
52 8
L23
N 3624 2 W 47
35
L24
N 48 3 4
W 53
26
L25
N
53
24 6 W
24 67
L26 N
56 5247
24
39
L27 N 5
3424
99 39
L28 N
49 4832
98 22
L29 N 5 42
52 69
L3
N 38 36 38
33 5
L3
N
39 34 38
99
8
L32
N
36 3344
32
9
L33
N
63
57 23
22 69
L34
N 36
3
59
498
2
L35
N
34 39 43
89 65
L36
N
58 37 3
64
49
L37
N 35 37 7
98
65
L38
5 6 5
85 3
TRUE
POINT OF
BEGINNING
h
V
V
vMh
v
WILD
WOOD
PARK 9 39
SWAN S
L28
c
C4
ADDI
TION
37
L26
OLYMPIA
2s
HIGHLANDS
7
3
C CROSBY S
fi r
DLC
2
8
SUPPL PLA T
C CROSBYS
DLC 5
J
TUM
WA TER
2 8
5
DE
SOTO
ST
COMMENCEMENT
a
iN
BLOCK
7
o
EAST
i U
UMWATER
U
3
J
L 5
L 4
L 3
C
cSKILLII
commo
SCALE
IN FEET
2
4
s