FNBD CONDITIONS FOR NEIGHBORHOOD AGREEMENT

Enrollment/Staffing Levels & Site Constraints

Bertschi should limit enrollment for the life of this agreement (25 years) to the 2004/05 school year enrollment level of 202 students. The only change to this cap will be for the post-project addition of 18 students for the School's announced intention to re-introduce its Pre-K program. This will bring the cap on students to 220. If the Pre-K program is not introduced or is subsequently disbanded, the cap would revert to 202 students.

Total staff shall be limited to 41 at the 202 enrollment level or 43 at 220. Staff will be inclusive of both full-time and part-time teachers, support staff and administration.

All academic and administrative functions of the school shall be limited to what is generally described as the eastern half of Block 4 with a legal description of "Block 4, Eastlake Addition to the City of Seattle, according to the plat thereof recorded in Volume 3 of Plats, page 71, in King County, Washington.

Total student enrollment for the Bertschi's Summer Program shall be limited to 50 students for any one of only three one-week sessions. Provide DPD and all applicable neighborhood associations with a report on Summer Program student enrollment (by session) and on staffing levels for each session for the current year annually, on or before, May 1, beginning with the 2005-2006 school year.

Transportation Management Plan

The school must publish a Transportation Management Plan (TMP) as prescribed by SMC 23.45.122 D and it shall be developed and submitted to DPD prior to the issuance of any construction or building permits. Essential components shall include, but are not limited to :

Employment of a School Transportation Coordinator with principal responsibilities to oversee the development, implementation and promotion of the school's TMP.

Establishment of specific and measurable goals to de-emphasize the use of single occupancy vehicles via van or carpools, a commuter center, and other initiatives designed to mitigate traffic and parking impacts with annual assessments and reporting to DPD and all applicable neighborhood associations. Annual monitoring by a third-party traffic consultant selected by DPD for the first ten years following the project.

Ongoing orientation and education of staff and parents regarding rules and procedures and directing such persons to utilize fully, during normal school hours and during all activities and events, the off-street parking areas on the campus, designated on-street parking and, when applicable, off-site parking with shuttle or busing service provided by the school.

Reimbursement for Transit Passes for all staff.

Employment of security/traffic and parking enforcement personnel for daily drop-off and pick-up sequences and all special events to direct traffic, manage parking, promote pedestrian safety, restrict vehicle queuing and prevent parents, staff and other event-related visitors from parking illegally in the neighborhood.

Routine and regular patrol of the "immediate neighborhood" to enforce compliance with parking violations and restrictions. Compliance enforcement shall include an incentive (or penalty) system to discourage parking and traffic violations and a neighborhood feedback mechanism with periodic reports to demonstrate the efficacy of the enforcement program. Staff and other readily identifiable persons will be asked to move improperly parked cars immediately.

Ongoing vehicle registration and identification system with permanently affixed window stickers displayed in a uniform manner.

Reduced tuition or other like incentives for students and parents who utilize alternative commute modes (METRO, vanpool, light rail, etc.).

Funding for the neighborhood RPZ permits for all residents within the "immediate neighborhood."

Delineation of those areas and streets where on-street parking is, per school policy, prohibited during normal school hours and during all activities and events during other than normal school hours. Such streets shall, at a minimum, include:

Both sides of East Lynn Street and East Boston Streets from Federal Avenue East to Harvard Avenue East.

Both sides of Broadway Avenue East between East Newton Street and East Miller Street.

All streets posted and designated by the City as a Residential Parking Zone (RPZ). Currently Zone 12.

Morning Drop-Off Management

The school shall, at the start of the 2005-2006 school year, implement a plan to formally stagger the student drop-off sequence by assigning times slots with the objective of mitigating the impact of the heavily concentrated flow of drop-off traffic.

Strong emphasis and management direction shall be provided to implement car or vanpools to reduce the influence and impact of single occupancy vehicles. A plan outlining the details of this will be made available to DPD prior to the issuance of any construction or building permit.

The school shall strongly encourage the use of vehicle drop-off over the park-and-walk-in option to reduce the impact on congestion of side streets, parking in residential areas, and pedestrian safety throughout the area.

Prior to the issuance of any construction or building permits the school shall develop and submit plans to DPD to extend the on-site off-load area to reduce traffic congestion and queuing along 10th Avenue East. If this option is not available within this timeframe the school shall implement the option recommended by the SDOT Traffic Safety Committee to conduct the entire student drop-off at the curbside of 10th Avenue East along the full front of the school. This initiative coupled with the staggered drop-off scheduling should materially reduce traffic impacts.

Traffic studies will be performed before and after the implementation of these drop-off changes to demonstrate the efficacy of the initiative and/or to make required adjustments. The school will submit these studies to DPD for review.

Afternoon Pick-up Management

The school shall, at the start of the 2005-2006 school year, implement a student pick-up plan that incorporates the extended on-campus or curbside load/unload capacity referenced in "Morning Drop-Off Management."

This new resource coupled with the holding/staging capabilities of new gym and adjoining playfield shall permit vehicle pick-up in the afternoon and eliminate or materially reduce the park-and-walk-in, sign-out procedure now employed. Prior to the issuance of any construction or building permits the school shall develop and submit plans to DPD to provide for vehicle pick-up in the afternoon. {Note: this procedure was developed and implemented by the Bush School and is operating with notable success.}

Event Management

Bertschi will plan and provide management and operational support for "Special events," defined as "any school event (over and above daily school activities) that generates a vehicle parking demand for more than 30 vehicles."

To reduce and mitigate the impact of such events on traffic, parking, safety and noise, the school's TMP shall include the following provisions:

1. Contract for off-site parking and contract or otherwise provide for shuttle service to and from the off-site parking to/from the school.
2. Make use of the off-site parking and shuttle service mandatory for all Bertschi vehicles that cannot otherwise be accommodated by on-campus parking facilities.
3. Hire or use designated school employee(s) to monitor and enforce a no parking zone for Bertschi-related parking and traffic in an area bounded by East Howe Street to the south, Harvard Avenue East to the west, East Miller Street to the north and Federal Avenue East to the east.
4. Implement, publish and enforce a penalty system that truly discourages parking in the neighborhood during such events.
5. Advise the Seattle Police at least 24 hours in advance of the event and request heightened traffic and parking enforcement in the area for one-hour prior to and for the duration of the event.
6. Provide for portable ("sandwich" boards) and possibly permanent signage throughout the neighborhood to denote traffic and parking rules and restrictions. Highlight such rules and restrictions in all event literature and announcements.
7. Make every reasonable effort to coordinate and schedule special events with Seattle Preparatory School to prevent duplication of events and the resultant impacts on parking and traffic.
8. Limit the number of such event to nine (9) per academic year with no such events during the summer.

On-Site Parking Requirement

Pursuant to policies in SMC.54.015 and Chart A thereto, the requirement for off-street parking spaces shall be the aggregate of (a) the requirement for private elementary schools without an auditorium or assembly rooms of 1 space for each staff member; and (b) the requirement established by the planned gymnasium, provided the gymnasium will contain bleachers (fixed seats), of 1 space for every 8 fixed seats (where every 20 inches of bleacher is counted as one fixed seat).

Transportation Analysis dated October 18, 2004 states the total number employees will be 43 (41 prior to the project). The 90% site development plans from architect indicate 60 linear feet of bleacher seating, which equates to a parking requirement of 5 spaces. The aggregate requirement is established at 43 + 5 = 48.

Noise Abatement and Fencing

Applicant shall provide revised fencing plans for all existing and planned outward facing and exposed playcourts incorporating a sound barrier wall meeting the performance and noise abatement standards recommended by the acoustical engineer's report dated ____________, at least 8 feet in height and meeting the prescribed setback requirements.

The setback shall be landscaped consistent with the prevailing scope and detail.

The plan will include provisions for a pre and post acoustical survey to demonstrate the efficacy of the sound barriers.

The revised fencing plan shall also provide for the removal of all wire fencing along the property perimeters that extend above the maximum height allowance for perimeter/property line fences. All barriers deemed necessary to reasonably retain airborne objects in the playcourts will be of the type and material that minimizes environmental and visual impact.

After 5:00 p.m. on weekdays and at all times on weekends the school shall limit the use of music at all functions and musical performances to the inside of the buildings on the campus. Large doors or otherwise convertible openings will remain closed. This restriction shall not apply to graduation ceremonies and other school special events at which music is an incidental feature.

Building Width Variance (Administrative Conditional Use Permit) and Lighting

To exceed the maximum width of the proposed multi-purposed building Bertschi shall: (a) Modulate the frontal presentations and the elevation of the proposed structures to present an apparent mass similar to that of several residential sized structures from most street-based vantage points; (b) Include architectural features associated with a more residential character (such as dormers, pitched roofs, gabled roof ends, etc.) to integrate the proposed structures with residential structures, many of which were constructed around the turn of the century; and (c) Incorporate rooftop equipment into the overall building appearance by locating and orienting these elements away from neighboring residences and visually obscuring them.

Pursuant to the requirements of SMC 23.45.017 Bertschi will provide a plan to demonstrate that all exterior and interior lighting that projects through windows will be shielded and directed away from adjacent residential properties.

Construction Impacts

In addition to the standard construction mitigation requirements Bertschi will:

Establish a single 24-hour telephone point of contact ("the hotline") to respond to construction related problems, such as illegal parking, improper construction.

Designate one contact individual to whom any comments or concerns regarding Bertschi's compliance with applicable construction impacts may be directed.

Prescribe that all construction workers park outside the neighborhood at a contracted off-site location and commute to/from the work site via shuttle bus. Strict enforcement is required to insure compliance.

Restrict construction traffic, both inbound and outbound, to 10th Avenue East, and direct all contractors and delivery vehicles to minimize the usage of the non-arterial streets. Limit as much as possible the loading and unloading of vehicles while on city streets.

Require the contractor to provide effective traffic control (radio control scheduling, flaggers, temporary signage, etc.) of construction vehicles to prevent "stacking up" and congestion on neighborhood streets.

The hours of construction activity shall be limited to non-holiday weekdays between the hours of 7:30 a.m. and 6:00 p.m. This condition may be modified by DPD to allow for work of an emergency nature but all other work shall be otherwise restricted.

Require that all operations involving the removal of dirt, soil, or debris will be conducted using best practices of eliminating dust in the air and dirt on roadways, including but not limited to washing all truck tires in both directions, covering loads, dust suppression spraying in dry weather, tarpaulins to trap dust during building demolition, and ground covering should open dirt be left exposed for any extended period during construction delays.

Make the foregoing limitations terms of Bertschi's contract with its general contractor for the project and require that these terms be incorporated by reference into each subcontract entered into by the general contractor and/or Bertschi.

All construction conditions to be enforced shall be posted at the site in a location on the property line that is visible and accessible to the public and to construction personnel from the street right-of-way. If more than one street abuts the site the conditions shall be posted at each street. The conditions will be affixed to placards prepared by DPD. The placards shall be laminated with clear plastic or other waterproofing material and shall remain posted on-site for the duration of the construction.

Alternate Campus Use

Bertschi shall not lease, rent or loan or otherwise make available its gymnasium, music or theatre facility or outside recreational/playcourt areas to any outside group or entity.

Such areas will be screened or fenced and locked during other than normal school hours and non-holiday weekdays in such a way as to deny access and discourage entry to what might be considered an "attractive nuisance."

Leased Property

Prior to the issuance of any construction or building permits the school shall secure and submit a report to DPD detailing what, if any, restrictions or limitations the owner of the property at 2219 10th Avenue East has imposed on the project.

The report shall specifically address the removal of existing fences, the construction of any cross-campus walkways through the property, modifications to any exterior or interior aspects of the house or detached garage, and the installation or relocation of any lighting, sound, or other electronic equipment.

Agreement Protocol

The entirety of the agreement, or at least all the "undertakings" will be submitted by the school to DPD along with a request that they become conditions to MUP and thus enforceable and binding under the guise of the City.