BYRNES KELLER CROMWELL LLP LAWYERS TELEPHONE 38 FACSIMILE TH LOOR (206) 622-2522 (206) 622 2000 1000 SECOND AVENUE SEATTLE. WASHINGTON 98104 August 12, 2018 VIA EMAIL Bruce Harrell Peter Holmes President, Seattle City Council Seattle City Attorney?s Of?ce Seattle City Hall 701 Fifth Avenue, Suite 2050 600 Fourth Avenue, 2nd Floor Seattle, WA 98104 Seattle, WA 98104 Re: 1426 First Avenue/ShowBox Dear Messrs. Harrell and Holmes: I represent the property owner of 1426 First Avenue where the ShowBox is located along with other tenants. Our client has retained us because it is increasingly concerned about some of the recent statements, proposals and actions taken by certain Council members regarding the zoning of this property. These actions have occurred over the last several days without slowing down to hear from the property owners along First Avenue and other parts of the City who might be affected adversely should the City take action against properties. The property speci?cally at issue has been owned by my client for over 20 years. And, from then and onward the zoning for that property has allowed for high-rise redevelopment. Moreover, the City, with a full Council vote, up-zoned the property in 2006 and again just last year to allow for taller redevelopment. That zoning and up-zoning were and are entirely consistent with the City?s high-density urban plan and goal of promoting affordable housing. After hearing from all stakeholders, the up-zone development area boundaries, which include this property, were approved. The property is under contract for sale and redevelopment consistent with this zoning. As you are aware, property owners, the City and the courts all have respective rights, obligations and oversight related to the signi?cant economic interests that arise from real property and re-zoning issues. Just this last Thursday, the State Supreme Court unanimously issued an opinion on land use rights in a case where a property owner was not given a fair opportunity to use a property. Of course, you know that case does not stand alone, but is part of a larger body of state and federal law addressing these kinds of signi?cant economic and constitutional issues. August 12, 2018 Page 2 It is important for all parties involved to be heard fairly and accorded consideration and for rights to be recognized and protected. Process should be afforded and both procedural and substantive fairness observed. We understand that a more considered approach may be underway for the Monday, August 13, 2018, City Council meeting at which these issues are to be considered, and we sincerely appreciate a path toward working through the issues in a way that avoids unnecessary entanglements, missteps and interference with contractual and other expectations of the parties involved. Very truly yours, BYRNES KELLER CROMWELL LLP Wf?/ar Bradley .Keller cc: Full City Council Mayor Durkan Bob Tobin Roger Wynne Dan Nolte