HomeMy WebLinkAbout09-18-2023 City Council AgendaCity Council Meeting
September 18, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
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I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
T he Auburn City Council Meeting scheduled for Monday S eptember 18, 2023 at
7:00 p.m. will be held in person and virtually.
Virtual P articipation L ink:
To view the meeting virtually please click the below link, or call into the meeting at
the phone number listed below. The link to the Virtual Meeting is:
https://www.youtube.com/user/watchauburn/live/?nomobile=1
To listen to the meeting by phone or Z oom, please call the below number or click
the link:
Telephone: 253 205 0468
Toll Free: 888 475 4499
Z oom: https://us06web.zoom.us/j/84412328728
A .P ledge of Allegiance
I V.Roll Call
V.AP P O I NT M E NT S
A .Transportation Advisory B oard
City Council to approve the appointment of E mily Helms to the Transportation Advisory
B oard for a one year term expiring J une 31, 2024
(RE C O M M E ND E D AC T I O N: M ove to approve appointment of Emily Helms to
Page 1 of 50
the Transportation Advisory Board for a one year term expiring J une 31, 2024).
V I .ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .National Recovery Month
Mayor Backus to proclaim September 2023 as "National Recovery Month" in the City
of Auburn
V I I .AG E ND A M O D I F IC AT I O NS
V I I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
Participants can submit written comments via mail, fax, or email. All written
comments must be received prior to 5:00 p.m. on the day of the scheduled
meeting and must be 350 words or less.
Please mail written comments to:
City of A uburn
Attn: Shawn Campbell, City Clerk
25 W Main S t
Auburn, WA 98001
Please fax written comments to:
Attn: Shawn Campbell, City Clerk
F ax number: 253-804-3116
Email written comments to:
publiccomment@auburnwa.gov
I f an individual requires an accommodation to allow for remote oral comment
because of a difficulty attending a meeting of the governing body, the City
requests notice of the need for accommodation by 5:00 p.m. on the day of the
scheduled meeting. Participants can request an accommodation to be able to
provide remote oral comment by contacting the City Clerk’s Office in person, by
phone (253) 931-3039, or email to publiccomment@auburnwa.gov
B .Correspondence - (T here is no correspondence for Council review.)
I X.C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Page 2 of 50
X .C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the S eptember 5, 2023, City Council Meeting
B .Minutes of the S eptember 11, 2023, S tudy S ession Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated September 13, 2023 which includes voucher number 473392
through 473532, in the amount of $2,744,898.46, one electronic fund transfers in the
amount of $453.00, and two wire transfers in the amount of $806,559.11
D.P ayroll Voucher (T homas)
P ayroll check numbers 539521 through 539524 in the amount of $79,208.16,
electronic deposit transmissions in the amount of $2,792,931.53, for a grand total of
$2,872,139.69 for the period covering A ugust 31, 2023 to September 13, 2023
(RE C O M M E ND E D AC T I O N: M ove to approve the Consent Agenda.)
X I .UNF INIS HE D B US I NE S S
X I I .NE W B US I NE S S
X I I I .RE S O L UT IO NS
A .Resolution No. 5736 (Tate)
A Resolution resolving to annex certain property, known as “T he B ridges”
Neighborhood and currently located within the City of Kent, Washington, into the City of
A uburn pursuant to R C W 35.10.217(2), and authorizing City S taff to file a Notice of
I ntent to Annex with the Washington State Boundary Review Board for K ing County
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5736.)
B .Resolution No. 5737 (Gaub)
A Resolution authorizing the Mayor to execute an agreement accepting a grant from
K ing County for the Auburn Avenue T heater P roject
(RE C O M M E ND E D AC T I O N: M ove to adopt Resolution No. 5737.)
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
B .From the M ayor
X V.AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 3 of 50
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 4 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 5, 2023, City Council Meeting
Date:
September 11, 2023
Department:
City Council
Attachments:
09-05-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 18, 2023 Item Number:CA.A
Page 5 of 50
City Council Meeting
September 5, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
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Meeting videos are not available until 72
hours after the meeting has concluded.
I .C AL L T O O RD E R
I I .L AND AC K NO WL E D G E M E NT
We would like to acknowledge the Federally Recognized Muckleshoot I ndian Tribe, the
ancestral keepers of the land we are gathered on today. We thank them for their
immense contributions to our state and local history, culture, economy, and identity as
Washingtonians.
I I I .P UB L I C PART I C IPAT IO N
1.Public Participation
The City Council Meeting was held in person and virtually.
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet, and led those
in attendance in the Pledge of Allegiance.
I V.Roll Call
Councilmembers present: Deputy Mayor J ames J eyaraj, L arry Brown,
Robyn Mulenga, Cheryl Rakes, and Yolanda Trout-Manuel.
Councilmembers B ob Baggett, and K ate Baldwin were excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, Director of P ublic Works I ngrid Gaub, Chief of
P olice Mark Caillier, Outside Counsel B ob Sterbank, Director of P arks,
A rts, and Recreation Daryl Faber, Director of A dministration Dana Hinman,
A ssistant Director of Community Development J ason Krum, Business
S ystems Analyst Chrissy Malave, and City Clerk Shawn Campbell.
V.ANNO UNC E M E NT S, M AY O R'S P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
A .Ronnie B eyersdorf Tribute (Mayor)
A tribute video was played for everyone attending the meeting. Mayor
B ackus read several quotes that she stated embodies Ronnie B eyersdorf.
Page 1 of 5Page 6 of 50
S he proclaimed September 5, 2023, as Ronald H. B eyersdorf day in the
City of Auburn.
The Beyersdorf family thanked the Mayor and Council for recognizing
Ronnie.
B .P olice Promotional Ceremony (Caillier)
Chief Caillier gave S ergeant F ernando Cordova and Commander Brandon
S keen the Officers Oath, and their families pinned their badges.
Mayor Backus recessed the meeting for 10 minutes at 7:31 p.m. She
reconvened the meeting at 7:43 p.m.
C.Constitution Week
Mayor Backus to proclaim September 17, 2023 through September 23, 2023
as "Constitution Week" in the City of A uburn
Mayor Backus proclaimed S eptember 17, 2023 through S eptember 23,
2023 as "Constitution Week" in the City of Auburn.
Hilda Meryhew, member of the L akota National Daughters of the A merican
Revolution Chapter, accepted the proclamation.
D.S uicide Prevention Awareness Month
Mayor Backus to proclaim September 2023 as "Suicide P revention Awareness Month"
in the City of Auburn
Mayor Backus proclaimed S eptember 2023 as "S uicide Prevention
Awareness Month" in the City of A uburn.
E .National Senior Center Month
Mayor Backus to proclaim September 2023 as "National S enior Center Month" in the
City of Auburn
Mayor Backus proclaimed S eptember 2023 as "National Senior Center
Month" in the City of Auburn.
Recreation Coordinator, Rocky K irwin, accepted the proclamation and
thanked the Mayor and Council for recognizing National Senior Center
Month.
V I .AG E ND A M O D I F IC AT I O NS
The Childhood Cancer Awareness Month, Hispanic Awareness Month, and
National Recovery Month proclamations were rescheduled to the next City
Council Meeting.
Page 2 of 5Page 7 of 50
V I I .C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue.
1.T he public can participate in-person or submit written
comments in advance.
No one came forward to speak.
B .Correspondence
There was no correspondence for Council to review.
V I I I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee (Chair B aldwin)
Deputy Mayor J eyaraj reported, Councilmember Baldwin and
Councilmember B aggett have reviewed the claims and payroll
vouchers described on the agenda this evening and recommended
their approval.
2.Council Rules of Procedure Ad Hoc Committee (Chair
Rakes)
Councilmember Rakes, Chair of the Council Rules of P rocedure A d
Hoc Committee, reported the Committee has not met since their last
meeting.
I X.C O NS E NT AG E ND A
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A .Minutes of the August 21, 2023, City Council Meeting
B .Minutes of the August 28, 2023, S tudy S ession Meeting
C.Claims Vouchers (Thomas)
Claims voucher list dated A ugust 22, 2023 which includes one electronic fund transfer
in the amount of $1,905.05
Claims voucher list dated A ugust 30, 2023 which includes voucher number 473229
Page 3 of 5Page 8 of 50
through 473391, in the amount of $4,991,659.36, two electronic fund transfers in the
amount of $584.06, and three wire transfers in the amount of $832,864.95
D.P ayroll Voucher (T homas)
P ayroll check numbers 539515 through 539515 in the amount of $615,531.89,
electronic deposit transmissions in the amount of $2,473,409.48, also a special payroll
for missed Parks timecards for payroll check numbers 539516 through 539520 in the
amount of $2,368.46, electronic deposit transmissions in the amount of $592.74, for a
grand total of $3,091,902.57 for the period covering August 17, 2023 to August 30,
2023
Deputy Mayor J eyaraj moved and Councilmember Trout-Manuel seconded
to approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X .UNF INIS HE D B US I NE S S
There was no unfinished business.
X I .NE W B US I NE S S
There was no new business.
X I I .O RD INANC E S
A .Ordinance No. 6913 (Gaub)
A n Ordinance granting to MO X Networks, L L C, a Delaware Company, a Franchise for
Dark F iber I nfrastructure
Councilmember B rown moved and Councilmember Rakes seconded to
approve Ordinance No. 6913.
MO T I O N C A R R I E D UNA NI MO US LY. 5-0
X I I I .RE S O L UT IO NS
A .Resolution No. 5735 (Council)
A Resolution amending the City Council Rules of Procedure
Councilmember Rakes moved and Councilmember Brown seconded to
adopt Resolution No. 5735.
Council discussed suggestions considered by Council.
Councilmember Trout-Manuel moved to table Resolution No. 5735 to the
S eptember 11, 2023, S tudy S ession meeting. T here was no second.
Councilmember Rakes moved to amend the Council Rules of P rocedure
S ection 16.1 (A.1) to add Housing Policy and S ection 16.1 (A.3) to add
A irport, Park Development, and Economic Development. Deputy Mayor
Page 4 of 5Page 9 of 50
J eyaraj seconded the amendment.
A ll in favor to amend 5-0.
MO T I O N C A R R I E D UNA NI MO US LY. 4-1. Councilmember Trout-Manuel
voted no.
X I V.M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Councilmember Mulenga reported she attended the S wedish Heritage Day
event at Neely Mansion, and a tour of the W hite River Valley Museum.
Councilmember Trout-Manuel reported she attended the Washington S tate
A uditors E ntrance I nterview, a tour of the W hite River Valley Museum, and
the Sound Cities Association health briefing.
B .From the M ayor
Mayor Backus reported she attended the S ound Transit South K ing S ub
A rea briefing meeting, S outh Correctional Entity (S C O R E) B oard meeting,
S econd Annual Multicultural Holiday F estival, Employment Security
Department F undraiser, Greater Seattle P artners meeting, Catherine
Hansen's Celebration of L ife, and met with Tukwila Councilmember, Kathy
Hougardy, and toured Tukwila's A ffordable Housing options.
X V.AD J O URNM E NT
There being no further business to come before the Council, the
meeting was adjourned at 8:08 p.m.
A P P R O V E D this 18th day of S eptember, 2023.
____________________________ ____________________________
NA NC Y B A C K US, MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 5 of 5Page 10 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the September 11, 2023, Study Session Meeting
Date:
September 11, 2023
Department:
City Council
Attachments:
09-11-2023 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:September 18, 2023 Item Number:CA.B
Page 11 of 50
City Council Study Session Finance,
Technology and Economic Dev elopment
Special Focus Area
September 11, 2023 - 5:30 P M
City Hall Council Chambers
MINUT E S
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I .C A L L TO O R D E R
Councilmember B aldwin called the meeting to order at 5:30 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet.
I I .P UB L I C PA RT I C I PAT I O N
A .P ublic P articipation
The City Council Meeting was held in person and virtually.
B .Roll Call
Councilmembers present: B ob Baggett, K ate Baldwin, L arry Brown,
Robyn Mulenga, and Cheryl Rakes. Deputy Mayor J ames J eyaraj and
Councilmember Yolonda Trout-Manuel were excused.
Department directors and staff members present included: Acting City
A ttorney Harry B oesche, A ssistant Chief of P olice Samuel Betz, Director
of Community Development J eff Tate, Director of Human Resources
J amie T homas, Director of I nnovation and Technology David Travis,
A ssistant Director of I nnovation and Technology A shley Riggs, Director of
Human Resources & Risk Management Candis Martinson, Director of
P ublic Works I ngrid Gaub, Business Systems A nalyst J onathan
B arbano, and City Clerk S hawn Campbell. Outside Counsel B ob Sterbank
attended the meeting virtually.
I I I .A G E ND A MO D I F I C AT I O NS
There were no modifications to the agenda.
I V.A NNO UNC E ME NT S , R E P O RT S , A ND P R E S E NTAT I O NS
A .R E D I Report Out
Councilmember B rown provided Council with an update on the Racially
E quitable Diverse and I nclusive (R E D I ) Coalition including the
background of the Coalition, creation of the City's first Chief Equity Officer
Page 1 of 3Page 12 of 50
position, consultants, the I nclusive Auburn A dvisory Team, and the vision
of the Coalition.
V.A G E ND A I T E MS F O R C O UNC I L D I S C US S I O N
A .Resolution No. 5736 (Tate) (15 Minutes)
A Resolution resolving to annex certain property, known as “T he B ridges”
Neighborhood and currently located within the City of Kent, Washington, into The City
of Auburn pursuant to R C W 35.10.217(2), and authorizing City Staff to file a Notice of
I ntent to Annex with the Washington State Boundary Review Board for K ing County
Director Tate provided Council with an overview of Resolution No. 5736
including the timeline for Council action, where the property is located, the
proposed time frame for the annexation, the effects on the residents, and
the impact of services for the residents.
Council discussed the impact to the school district, and the impact to the
homeowners.
V I .F I NA NC E A ND I NT E R NA L S E RV I C E S D I S C US S I O N I T E M
A .I T Update (Travis) (15 Minutes)
Director Travis and A ssistant Director Riggs provided Council with an
overview of the I T Update including the guiding principle of the I nnovation
and Technology department, he reviewed the staffing of the department,
the internal promotions and new hires, the core strategies of the
department, recent projects, the W I F I expansion project, security, and
D E I in Technology.
Council discussed security patches.
B .2nd Quarter 2023 F inancial Update (Thomas) (20 Minutes)
Director T homas provided Council with an overview of the 2nd Quarter
2023 F inancial Update including the General F und Revenue Overview, the
Tax Revenue, L icenses and Permits revenue, charges for services,
General F und expenditures by department, an A R PA Update, and Non-
General F und highlights.
Council discussed expenditures, assigned police vehicles, and A R PA
Funds.
Page 2 of 3Page 13 of 50
V I I .A D J O UR NME NT
There being no further business to come before the Council, the meeting
was adjourned at 6:48 p.m.
A P P R O V E D this 18th day of S eptember, 2023.
____________________________ ____________________________
J A ME S J E YA R A J , D E P UT Y MAYO R S hawn Campbell, City Clerk
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
Page 3 of 3Page 14 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claims Vouchers (Thomas)
Date:
September 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers.
Background for Motion:
Background Summary:
Claims voucher list dated September 13, 2023 which includes voucher number 473392
through 473532, in the amount of $2,744,898.46, one electronic fund transfers in the amount
of $453.00, and two wire transfers in the amount of $806,559.11.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:September 18, 2023 Item Number:CA.C
Page 15 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Voucher (Thomas)
Date:
September 12, 2023
Department:
Finance
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Approve Payroll Vouchers.
Background Summary:
Payroll check numbers 539521 through 539524 in the amount of $79,208.16, electronic
deposit transmissions in the amount of $2,792,931.53, for a grand total of $2,872,139.69 for
the period covering August 31, 2023 to September 13, 2023.
Rev iewed by Council Committees:
Councilmember:Baldwin Staff:Thomas
Meeting Date:September 18, 2023 Item Number:CA.D
Page 16 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5736 (Tate)
Date:
September 12, 2023
Department:
Community Development
Attachments:
Res olution 5736 Initiating Action to Annex
Bridges
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5736.
Background for Motion:
Resolution No. 5736 will initiate the process for the City of Auburn to annex the Bridges
community.
Background Summary:
For several years the City of Auburn and the City of Kent have been engaged in dialogue over
the de-annexation of the Bridges from the City of Kent and the annexation into the City of
Auburn. In January of 2022 City staff delivered a presentation to City Council that was
intended to provide an orientation to the community along with a number of questions and
issues that required resolution in order to move the concept forward.
In August of 2022 City staff from both Kent and Auburn attended the Bridges National Night
Out event in order to help answer questions and to encourage residents to participate in a
survey that was intended to help both cities understand how the residents of the community
felt about annexation into Auburn. 144 individual surveys were completed (there are 386
homes in the community). The survey results indicated that about 70% of the residents either
supported the annexation into Auburn or were indifferent.
In November of 2022 the Bridges HOA voted unanimously in favor of the annexation from the
City of Kent into the City of Auburn.
Additionally, staff from both cities have worked on the following items:
· Preparation of the initiating resolution and Interlocal Agreement (ILA). The ILA is
an operational document that defines details between the two cities for how assets will
be managed and transferred (e.g. roads and utilities), how to manage open permits
and code enforcement cases, defining which agency will serve as custodian of public
records, etc. The ILA is a document that will be presented to both city councils during
the timeframe between each council takes action on the annexation.
Page 17 of 50
· Preparation of a Boundary Review Board (BRB) application. The BRB application
is a requirement of state law. It provides an opportunity for agencies to participate
and/or voice concern over annexations. For example, this particular annexation will
result in a taxing district and service shift from the Puget Sound Fire Authority to the
Valley Regional Fire Authority. PSF will experience a loss in revenue while VRFA will
experience an increase in demand. City of Kent and City of Auburn staff have been
proactive in their engagement of the two fire authorities and have written support from
both agencies related to the annexation. The BRB process also ensures that the
County Assessor is aware of the change and has the ability to adjust tax rates in the
affected area. It also ensures that King County Elections is equipped to modify voting
districts to reflect the change (e.g. in 2024 residents of the Bridges should be voting
for City of Auburn officials and initiatives instead of City of Kent officials and initiatives).
· City of Auburn staff have worked on the development of comprehensive plan and
zoning amendments in preparation of annexation so that there are land use controls in
place if annexation is to occur. Comprehensive plan and zoning amendments are
currently included in the 2023 Comprehensive Plan annual docket of amendments that
will be under consideration by the Planning Commission in the coming weeks.
Resolution 5736 is an initiating action the triggers several procedures and actions designed
to achieve an annexation effective date of January 1, 2024. Prior to the end of the year the
City of Kent will also consider action of a resolution that concludes the annexation process.
The Auburn and Kent resolutions serve as bookends for the following procedures and actions
that will occur in between both resolutions:
· September 18th – Auburn City Council to take action on the Resolution 5736. If
approved, the following additional steps will occur.
· September 29th – Auburn and Kent will jointly submit applications to the King
County Boundary Review Board (BRB). This will trigger a process that allows special
taxing districts to be notified and to participate in the annexation process. The BRB will
either invoke jurisdiction or not. If they do not invoke jurisdiction the process will be 45
days and conclude on November 13th. If they do invoke jurisdiction the process will be
120 days. Invoking jurisdiction would preclude the ability to have the annexation go
into effect on January 1, 2024.
· October 2nd – A Resolution to approve an Interlocal Agreement between Auburn
and Kent will be considered by the Auburn City Council.
· October 3rd – Auburn staff will introduce comprehensive plan land use
designation recommendations to the Planning Commission.
· October 17th – Auburn Planning Commission will hold a public hearing on the
comprehensive plan land use designations.
· November 13th – Auburn staff will present the Planning Commission
recommendation for comprehensive plan land use designations to City Council.
Page 18 of 50
· December 4th – Auburn City Council to potentially act on Planning Commission’s
recommendation for comprehensive plan land use designations.
· TBD – City of Kent to hold public hearing and consider final action to complete
annexation, enact the ILA, and transfer assets and records to Auburn.
Resolution 5736 was presented to City Council during the September 11, 2023 Council
Study Session and authorized to move forward for consideration and action at the September
18, 2023 City Council meeting.
Rev iewed by Council Committees:
Councilmember:Brown Staff:Tate
Meeting Date:September 18, 2023 Item Number:RES.A
Page 19 of 50
- - - - - - - - - - - - - - - - - -
Resolution No. 5736
September 18, 2023
Page 1
RESOLUTION NO. 5736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RESOLVING TO ANNEX
CERTAIN PROPERTY, KNOWN AS “THE BRIDGES”
NEIGHBORHOOD AND CURRENTLY LOCATED WITHIN
THE CITY OF KENT, WASHINGTON, INTO THE CITY OF
AUBURN PURSUANT TO RCW 35.10.217(2), AND
AUTHORIZING CITY STAFF TO FILE A NOTICE OF INTENT
TO ANNEX WITH THE WASHINGTON STATE BOUNDARY
REVIEW BOARD FOR KING COUNTY
WHEREAS, RCW 35.10.217(2) authorizes the legislative body of a city that desires
to annex all or part of another, second city to initiate the annexation process by adopting a
resolution indicating that desire and transmitting a copy of the resolution to the other city;
and
WHEREAS, an annexation initiated by the process authorized in RCW 35.10.217(2)
becomes effective if the second city adopts a resolution concurring in the annexation,
subject to potential boundary review board review and subject to potential objection by
owners of property in the annexation equal to sixty percent or more of the total assessed
valuation of the annexation area; and
WHEREAS, such an annexation has the effect of transferring ownership and
maintenance of roads, bridges, and rights-of-way, together with all appurtenances located
therein including drainage facilities, stormwater facilities, street lights, traffic signals and
traffic signs, to the annexing city; and
WHEREAS, since 2019 representatives of the cities of Kent and Auburn have
worked cooperatively together and have determined that it is advantageous to both cities
for certain properties located on Lea Hill, known as “the Bridges” and currently located
within the corporate limits of the City of Kent adjacent to the City of Auburn, to be annexed
Page 20 of 50
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Resolution No. 5736
September 18, 2023
Page 2
into the City of Auburn; and
WHEREAS, in connection with such annexation, the cities of Auburn and Kent have
committed to coordinate and cooperate with respect to any emergency services, planning,
utilities, transportation or development issues that may arise subsequent to Auburn’s
annexation of the Bridges and acquisition of ownership of the roads, bridges, and rights-of-
way within the Bridges; and
WHEREAS, to memorialize the cities’ coordination and cooperation regarding the
annexation and transfer of ownership, Auburn and Kent city staff will present an interlocal
agreement to their respective City Councils for consideration and adoption prior to or
contemporaneous with Kent’s adoption of a resolution concurring in annexation of the
Bridges to the City of Auburn; and
WHEREAS, the Auburn City Council desires to commence the annexation process
provided by Ch. 35.10 RCW by declaring the City of Auburn’s desire to annex the Bridges;
and
WHEREAS, the annexation will be effective upon the Kent City Council’s adoption of
a resolution concurring in the annexation, which resolution may not be adopted until the
proposed annexation has been approved by the Washington State Boundary Review Board
for King County, both of which are anticipated to occur on or before January 1, 2024; and
WHEREAS, annexation is exempt from environmental review under the State
Environmental Policy Act, specifically RCW 43.21C.222.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Page 21 of 50
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Resolution No. 5736
September 18, 2023
Page 3
Section 1. Pursuant to RCW 35.10.217(2), the Auburn City Council hereby
declares its desire and intention to annex into the City of Auburn certain territory known as
“the Bridges,” currently located within the City of Kent, and which territory is legally
described in Exhibit A attached to and incorporated in this Resolution. Pursuant to RCW
35.10.217(2), the annexation shall be effective upon the Kent City Council’s adoption of a
resolution concurring in the annexation with an effective date of January 1, 2024.
Section 2. The Mayor and her designees are authorized to take such further
actions as may be necessary to implement this Resolution, including transmittal of a copy
of this Resolution to the City Clerk of the City of Kent and the filing of this Resolution and
the appropriate Notice of Intent to Annex with the Washington State Boundary Review
Board for King County.
Section 3. This Resolution shall be in full force and affect upon passage and
signatures hereon.
DATED and SIGNED this ____ day of __________________ 2023.
CITY OF AUBURN
NANCY BACKUS, MAYOR
ATTEST:
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
Harry Boesche, Acting City Attorney
Page 22 of 50
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Resolution No. 5736
September 18, 2023
Page 4
Exhibit A
Legal Description
PARCEL A:
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND
THAT PORTION OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS,
PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88'58' 11" WEST ALONG THE NORTH LINE OF GOVERNMENT
LOT 3 IN SAID SECTION 4, 285.00 FEET TO THE TRUE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
THENCE SOUTH 01'38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID WEST
HALF, 272.00 FEET;
THENCE SOUTH 88'58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 3, 100.00 FEET;
THENCE SOUTH 01"38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID
WEST HALF, 114.00 FEET;
THENCE SOUTH 88'58' 11" EAST, PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 3, 155.00 FEET TO THE WEST LINE OF THE EAST 30.00 FEET
OF THE NORTH HALF OF SAID WEST HALF, SAID WEST LINE ALSO BEING THE
WESTERLY MARGIN OF 124TH AVENUE SOUTHEAST;
THENCE SOUTH 01'38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY
MARGIN, 1,996.88 FEET;
THENCE SOUTH 01°39'29" WEST, ALONG THE WEST LINE OF THE EAST 30.00
FEET OF THE SOUTH HALF OF SAID WEST HALF, LAST SAID WEST LINE ALSO
BEING SAID WESTERLY MARGIN OF 124TH AVENUE SOUTHEAST, 1,785.92
FEET;
THENCE NORTH 88°20'31" WEST 147.00 FEET;
THENCE NORTH 01°39'29" EAST 210.32 FEET;
THENCE NORTH 53°55'59" WEST 404.34 FEET;
THENCE SOUTH 68°48'00" WEST 211.91 FEET;
THENCE SOUTH 21°12'00" EAST 459.70 FEET;
THENCE SOUTH 09°46'13" EAST 210.08 FEET;
THENCE SOUTH 61°13'34" WEST 199.59 FEET;
THENCE SOUTH 01°49'08" EAST 173.32 FEET;
THENCE SOUTH 35°58'13" EAST 333.21 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY MARGIN OF SOUTHEAST 304TH STREET;
THENCE NORTH 87°52' 03" WEST, ALONG SAID NORTHERLY RIGHT OF WAY
MARGIN, 122.31 FEET TO THE MOST EASTERLY CORNER OF THE PLAT OF
Page 23 of 50
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Resolution No. 5736
September 18, 2023
Page 5
CRYSTAL MEADOWS, ACCORDING TO THE PLAT THEREOF, RECORDED IN
VOLUME 194 OF PLATS, PAGES 66 AND 67, IN KING COUNTY, WASHINGTON;
THENCE NORTH 23°16'08" WEST, ALONG THE MOST EASTERLY LINE OF SAID
PLAT, 664.09 FEET;
THENCE NORTH 75°37'53" WEST, ALONG THE MOST NORTHERLY LINE OF SAID
PLAT, 472.02 FEET TO THE EAST LINE OF TRACT 11 OF THE PLAT OF THE
SOUND TRUSTEE COMPANY'S THIRD ADDITION, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGE 100, IN KING COUNTY,
WASHINGTON;
THENCE SOUTH 01°19'04" WEST, ALONG SAID EAST LINE, 20.98 FEET TO A
POINT ON SAID EAST LINE THAT IS 50.00 FEET NORTH OF THE SOUTHEAST
CORNER OF SAID TRACT WHEN MEASURED ALONG SAID EAST LINE;
THENCE NORTH 24°03'05" WEST 305.93 FEET TO A POINT ON THE NORTH LINE
OF THE SOUTH HALF OF SAID TRACT 11, SAID POINT BEING 135.00 FEET
WESTERLY OF THE NORTHEAST CORNER OF SAID SOUTH HALF, WHEN
MEASURED ALONG SAID NORTH LINE;
THENCE NORTH 26°44'01" WEST 377.13 FEET TO A POINT ON THE NORTH LINE
OF SAID TRACT 11;
THENCE NORTH 01°30'12" EAST, ALONG THE EAST LINE OF THAT PARCEL
CONVEYED TO DAVID V. LAGESSE BY QUIT CLAIM DEED RECORDED UNDER
RECORDING NUMBER 20050815002534, 123.86 FEET TO THE NORTH LINE OF
SAID PARCEL;
THENCE NORTH 88°01'34" WEST, ALONG SAID NORTH LINE, 316.73 FEET TO
THE WEST LINE OF SAID TRACT 10;
THENCE NORTH 01°30' 51" EAST, ALONG THE WEST LINE OF TRACTS 10 AND 9
IN SAID PLAT, 1,193.45 FEET TO THE NORTHWEST CORNER OF SAID TRACT 9;
THENCE SOUTH 87°49'18" EAST, ALONG THE NORTH LINE OF SAID TRACT 9,
629.64 FEET TO THE NORTHEAST CORNER OF SAID TRACT 9;
THENCE NORTH 01°53'09" EAST, ALONG THE EAST LINE OF SAID PLAT, 1,323.31
FEET, TO THE NORTHEAST CORNER OF SAID PLAT;
THENCE NORTH 87°37'04" WEST, ALONG THE NORTH LINE OF SAID PLAT, 13.17
FEET TO THE WEST LINE OF GOVERNMENT LOT 3 OF SECTION 4, TOWNSHIP 21
NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON;
THENCE NORTH 01°41'41" EAST, ALONG SAID WEST LINE, 1,035.34 FEET TO THE
NORTHWEST CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH 88°58'11" EAST, ALONG THE NORTH LINE OF SAID
GOVERNMENT LOT 3, 1,030.65 FEET TO THE TRUE POINT OF BEGINNING. (ALSO
KNOWN AS PARCEL A, CITY OF KENT LOT LINE ADJUSTMENT NUMBER LL -2006-
15, KIVA #2064220, RECORDED UNDER KING COUNTY RECORDING NUMBER
20060921001649).
EXCEPT THAT PORTION THEREOF CONVEYED TO SARA M. MARKS BY DEED
RECORDED UNDER KING COUNTY RECORDING NUMBER 20070920000680; AND
EXCEPT THOSE PORTIONS CONVEYED TO KING COUNTY BY DEED RECORDED
Page 24 of 50
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Resolution No. 5736
September 18, 2023
Page 6
UNDER KING COUNTY RECORDING NUMBER 20071023001427, BEING A
CORRECTION OF DEED RECORDED UNDER KING COUNTY RECORDING
NUMBER 20071015000708.
PARCEL B:
THAT PORTION OF THE WEST HALF OF SECTION 4, TOWNSHIP 21 NORTH,
RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, AND
THAT PORTION OF THE SOUND TRUSTEE COMPANY'S THIRD ADDITION,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS,
PAGE 100, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 4;
THENCE NORTH 88°58'11” WEST, ALONG THE NORTH LINE OF GOVERNMENT
LOT 3 IN SAID SECTION 4, A DISTANCE OF 285.00 FEET;
THENCE SOUTH 01°38'46" WEST, PARALLEL WITH THE EAST LINE OF SAID
WEST HALF, A DISTANCE OF 272.00 FEET;
THENCE SOUTH 88°58'11" EAST, PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 3, A DISTANCE OF 100.00 FEET;
THENCE SOUTH 01°38' 46" WEST, PARALLEL WITH THE EAST LINE OF SAID
WEST HALF, A DISTANCE OF 114.00 FEET;
THENCE SOUTH 88°58' 11" EAST, PARALLEL WITH THE NORTH LINE OF SAID
GOVERNMENT LOT 3, A DISTANCE OF 155.00 FEET TO THE WEST LINE OF THE
EAST 30.00 FEET OF THE NORTH HALF OF SAID WEST HALF, SAID WEST LINE
ALSO BEING THE WESTERLY MARGIN OF 124TH AVENUE SOUTHEAST RIGHT
OF WAY;
THENCE SOUTH 01°38'46" WEST, ALONG SAID WEST LINE AND SAID WESTERLY
MARGIN, A DISTANCE OF 1996.88 FEET;
THENCE SOUTH 01 ° 39' 29" WEST, ALONG THE WEST LINE OF THE EAST 30.0 0
FEET OF THE SOUTH HALF OF SAID WEST HALF, LAST SAID WEST LINE ALSO
BEING SAID WESTERLY MARGIN OF THE 124TH AVENUE SOUTHEAST RIGHT OF
WAY, A DISTANCE OF 1785.92 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 88°20'31" WEST A DISTANCE OF 147.00 FEET;
THENCE NORTH 01°39'29" EAST A DISTANCE OF 210.32 FEET;
THENCE NORTH 53°55'59" WEST A DISTANCE OF 404.34 FEET;
THENCE SOUTH 68°48'00" WEST A DISTANCE OF 211.91 FEET;
THENCE SOUTH 21°12'00" EAST A DISTANCE OF 459.70 FEET;
THENCE SOUTH 09°46'13" EAST A DISTANCE OF 210.08 FEET;
THENCE SOUTH 61°13'34" WEST A DISTANCE OF 199.59 FEET;
THENCE SOUTH 01°49'08" EAST A DISTANCE OF 173.32 FEET;
THENCE SOUTH 35°58'13" EAST A DISTANCE OF 333.21 FEET TO A POINT ON
THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET;
THENCE SOUTH 87°52'03" EAST, ALONG SAID NORTHERLY RIGHT OF WAY LINE,
A DISTANCE OF373.50 FEET;
THENCE ALONG THE ARC OF A 40.00 FOOT RADIUS TANGENT CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 90°28'28", AN ARC DISTANCE OF 63.16
Page 25 of 50
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Resolution No. 5736
September 18, 2023
Page 7
FEET, TO THE WESTERLY MARGIN OF 124TH AVENUE SOUTHEAST;
THENCE NORTH 01°39'29" EAST, ALONG SAID WESTERLY LINE, A DISTANCE OF
774.10 FEET TO THE TRUE POINT OF BEGINNING.
(ALSO KNOWN AS PARCEL B, CITY OF KENT LOT LINE ADJUSTMENT NUMBER
LL-2006-15, KIVA #2064220, RECORDED UNDER KING COUNTY RECORDING
NUMBER 20060921001649).
EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED
RECORDED UNDER KING COUNTY RECORDING NUMBER 20071015000707.
SITUATE IN KING COUNTY, WASHINGTON.
Page 26 of 50
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5737 (Gaub)
Date:
September 12, 2023
Department:
Public Works
Attachments:
Res olution No. 5737
Exhibit A
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to adopt Resolution No. 5737.
Background for Motion:
This Resolution accepts $100,000 in grant funding awarded to the City by King County to
support the preliminary design of the replacement for the Auburn Avenue Theater.
Background Summary:
Resolution No. 5737 authorizes the Mayor to execute and administer agreements accepting a
grant from King County for the preliminary design of the Auburn Avenue Theater.
Demolition of the existing Auburn Avenue Theater and preliminary design of the new Auburn
Avenue Theater is included in the Downtown Infrastructure Improvements Capital Project
(CP2321).
Rev iewed by Council Committees:
Councilmember:Brown Staff:Gaub
Meeting Date:September 18, 2023 Item Number:RES.B
Page 27 of 50
-----------------------------
Resolution No. 5737
September 12, 2023
Page 1
RESOLUTION NO. 5737
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT ACCEPTING A GRANT FROM KING
COUNTY FOR THE AUBURN AVENUE THEATER PROJECT
WHEREAS, the City applied for and has been awarded a King County grant
to support the preliminary design of the Auburn Avenue Theater project (Project);
and
WHEREAS, the County has awarded the City $100,000 in grant funds for
the Project with no City match required; and
WHEREAS, it is in the best interest of the City to use the King County grant
monies to finance the Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is authorized to execute a grant agreement
between the City and King County that substantially conforms to the agreement
that is attached to this Resolution as Exhibit “A.”.
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Page 28 of 50
-----------------------------
Resolution No. 5737
September 12, 2023
Page 2
Section 3. This Resolution shall take effect and be in full force upon
passage and signatures.
Dated and Signed this _____ day of _________, 20 23.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
______________________
Shawn Campbell,
City Clerk
APPROVED AS TO FORM:
_____________________
Harry Boesche,
Acting City Attorney
Page 29 of 50
City of Auburn- Auburn Avenue Theater- CPA# 6384304
2023-2024 EXTERNAL SUPPORT GRANT PROGRAM
CAPITAL PROJECT GRANT AGREEMENT (PRECONSTRUCTION)
Department/Division: Office of Performance, Strategy and Budget
Grant Recipient: City of Auburn
Project: Auburn Avenue Theater
Award Amount: $100,000 Project#: Contract#: 6384304
Term Period: 01/01/2023 To 08/01/2024
THIS AGREEMENT is a grant agreement entered into between City of Auburn (the “Grant
Recipient”) and King County (the “County”) (collectively the “Parties”) for External Support
capital projects grant.
RECITALS
A. The 2023-2024 Adopted Budget appropriates funds to the Office of Performance,
Strategy and Budget for investments to be allocated to capital projects with a public
purpose in King County.
B. King County, a home rule charter county and political subdivision of the State of
Washington, is authorized to administer the External Support capital projects and enter
into agreements for the use of grant funds for community projects to be built, replaced, or
remodeled, such as buildings, sidewalks, landscaping improvements, community gardens,
signs, technology infrastructure, and play structures.
C. The Scope of Work attached as Exhibit B has been developed in consultation with the
Grant Recipient and, as detailed in the Scope of Work, the Project serves a fundamental
governmental purpose, is a County purpose for which the County is receiving
consideration, or is a County purpose in support of communities.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
EXHIBIT A
Page 30 of 50
City of Auburn- Auburn Avenue Theater- CPA# 6384304
GRANT AWARD TERMS AND CONDITIONS
1. DEFINITIONS
1.1 Project.
The term “Project” means the design and other preconstruction work necessary to
develop the Facility described in Exhibit A. Grant Award Funds available pursuant to
this Agreement may only be used for the Project. To complete the Project, Grant
Recipient shall use the Grant Award Funds to design and other preconstruction work
necessary to develop, and construct the Facility, consistent with the requirements set forth
in this Agreement and in the following attached exhibits, which are incorporated herein
by reference:
Map of Facility and Location Attached as Exhibit A
Scope of Work Attached as Exhibit B
Project Budget Attached as Exhibit C
Timeline, Milestones, & Performance Metrics Attached as Exhibit D
Insurance Requirements Attached as Exhibit E
Tax Covenants Attached as Exhibit F
Prevailing Wage Certification Attached as Exhibit G
1.2 Map of Facility and Location. This Agreement applies to the Project to improve the
facility (“Facility”) which is located at:
10 Auburn Avenue
Auburn, WA 98002
See Exhibit A for a depiction of the Facility and a map of specific Facility location and
boundaries.
1.3 Scope of Work. Grant Recipient shall provide a scope of work (“Scope of Work”),
attached hereto as Exhibit B, which describes the Project purpose and community
benefits in detail and includes a description of the various design, development,
permitting, and other preconstruction milestones required for completion of the
Project and intended use of the Grant Award Funds. Grant Recipient shall apply the
funds received from the County for the Project under this Agreement in accordance
with the Scope of Work, attached hereto as Exhibit B.
1.4 Project Budget. Grant Recipient shall work with King County to develop a Project
Budget, attached hereto as Exhibit C. King County shall provide the Grant Award
Funds to the Grant Recipient to pay for costs and expenditures related to the
Project, as set forth in Exhibits B, C, D and G. Grant Award Funds provided to
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City of Auburn- Auburn Avenue Theater- CPA# 6384304
Grant Recipient may only be used to pay for costs and expenditures related to the
Project, as set forth in Exhibits B, C, D and G. The grant is funded with the
proceeds of County bonds issued on a tax-exempt basis and is subject to the tax
covenants set forth in Exhibit F.
1.5 Contractor. Contractor shall include any contractor or consultant hired by Grant
Recipient, including any of the contractor’s or consultant’s subcontractors or
subconsultants.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties (“Effective Date”).
3. TERM
The term (“Term”) of this Agreement shall begin on the Effective Date and end on
08/01/2024. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein.
4. AMENDMENTS
This Agreement together with the attached exhibits is the whole Agreement between the
Parties. This Agreement may be amended only in writing, duly executed by the Parties.
Either party may request changes to this Agreement
5. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses below via electronic mail.
Either Party may, at any time, by giving ten (10) days written notice to the other Party to
designate any other notice address.
6. DISBURSEMENT OF GRANT FUNDS
6.1 The County may authorize, at the County’s sole discretion, release of a portion of
the Grant Award Funds to Grant Recipient, upon execution of this Agreement,
and receipt of Grant Recipient’s County-approved completed Scope of Work and
Project Budget (see Section 1 and Exhibits B and C).
6.2 The County shall initiate authorization for payment and disbursement of Grant
Award Funds after approval of sufficiently detailed Project-related invoices
submitted by Grant Recipient. The County shall make payment to Grant
KING COUNTY CITY OF AUBURN
Dwight Dively
Budget Director
King County
401 5th Ave
Seattle, WA 98104
(206) 263-9687
Dwight.dively@kingcounty.gov
Matt Larson
Senior Project Engineer
City of Auburn
25 W. Main St.
Auburn, WA 98001
253-804-5032
mlarson@auburnwa.gov
Page 32 of 50
City of Auburn- Auburn Avenue Theater- CPA# 6384304
Recipient not more than thirty (30) days after a complete and accurate invoice and
any other required documentation is received and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit B) and
Project Budget (Exhibit C), within thirty (30) days of the date this Agreement
expires or is terminated. If the Grant Recipient’s final invoice, supporting
documentation and reports are not submitted by that day, the County will be
relieved of all liability for payment to Grant Recipient of that invoice or any
subsequent invoice.
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement must be accounted for
separately from all other Grant Recipient accounts and moneys. Until the Project is
completed, and all proceeds provided pursuant to this Agreement have been expended,
the Grant Recipient shall provide reports to the King County Project Manager on a
schedule determined by the County.
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B
and C of this Agreement. If Grant Recipient cannot complete the Project as described,
the County shall be released from any obligation to fund the Project, and the County in its
sole discretion may reallocate such funds for other projects, including in in other
jurisdictions.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds
for a purpose other than completion of the Project as described in the Scope of Work in
at Exhibit B.
9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient shall recognize County as a “grant sponsor” for the Project in the
following manner:
9.1 Events: Grant Recipient shall invite and recognize Office of Performance,
Strategy and Budget, and the King County logo at all events promoting the
Project, and at the final Project dedication.
9.2 Community Relations: Grant Recipient shall recognize King County in all social
media, websites, brochures, banners, posters, press releases, and other
promotional material related to the Project.
9.3 King County Notification: Grant Recipient shall notify the King County Project
Manager and the Office of Performance, Strategy and Budget 30 days prior to any
major milestone, such as a groundbreaking or opening dates.
9.4 King County Council Notification: If Grant Recipient is a school district or other
governmental entity notification to the King County Council 30 days prior to any
Page 33 of 50
City of Auburn- Auburn Avenue Theater- CPA# 6384304
major milestone, such as a groundbreaking or opening dates is, required.
9.5 Signage: Grant Recipient shall recognize King County on any signage as a
funder/contributor of project/facility. Grant Recipient is required to use
appropriate King County logo on any signage and communications.
DISPOSITION OF REMAINING GRANT AWARD FUNDS
Any Grant Award proceeds in excess of those required to be provided by the County for
the actual costs of the Project shall remain with the County for use in its sole discretion
consistent with the requirements applicable to the bonds that funded the Grant Award.
10. PUBLIC ACCESS
The Grant Award is provided to Grant Recipient for the Project for the purpose of
partially funding initial portions of the design development phase and determine funding
needs for reconstruction on a new Auburn Avenue Theater for the residents of King
County. The Facility shall be open and accessible to the public at reasonable hours and
times. The Grant Award will not be used to pay costs of any facility, place or building to
be used primarily for sectarian instruction or study or as a place for devotional activities
or religious worship. If the Grant Award is used to pay costs of a mixed-use facility that
is used in part for sectarian instruction or study or as a place for devotional activities or
religious worship, the Grant Award shall be applied to, and shall not exceed, the portion
of the costs that can be allocated to other activities, such as community center activities.
These restrictions apply to all grantees, not just faith-based organizations.
If the Grant Award is used to pay costs of a mixed-use facility that includes both
community or public uses and private commercial uses, the Grant Award shall be applied
to, and shall not exceed, the portion of the costs that can be allocated to community and
other public uses, such as community center activities.
Grant Recipient shall notify the public of the availability of use by posting and updating
that information on its website and by maintaining at entrances and/or other locations
openly visible signs with such information. Fees for use of the Facility shall be no greater
than those generally charged by public operators of similar facilities in King County.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for public use is for
twelve (12) years from Facility completion. If the Facility is retired or otherwise removed
from use before the end of the 12-year period, the County may require the Grant
Recipient to reimburse King County for the Grant Award Funds plus interest from the
date of the Grant Award calculated based on the County’s cost of funds. Grant
Recipient’s duties under this Section 11 will survive the expiration or earlier
termination of this Agreement.
11. COVENANTS
11.1 Tax Covenants. Grant Recipient shall comply with the tax covenants set forth in
Exhibit F.
12. CONSTRUCTION OF THE FACILITY
Page 34 of 50
City of Auburn- Auburn Avenue Theater- CPA# 6384304
12.1 Capital Improvements.
Grant Recipient shall design and complete preconstruction work for the mutually
agreed upon Facility, features, and amenities in accordance with all applicable
design(s), timelines, restrictions, environmental considerations, permitting
determinations, neighborhood impact mitigations, and all other requirements in
coordination with King County staff. All contracted work by Grant Recipient, its
agents, representatives, or subcontractors, shall be bonded and properly insured to
ensure the complete and safe design and construction of all facilities, features, and
amenities. As between Grant Recipient and King County, Grant Recipient will be
solely responsible to comply with all applicable authorities and to obtain all
necessary permits, approvals, and endorsements for the Project.
12.2 Warranties.
With respect to all warranties, express or implied, for work performed or
materials supplied in connection with the Project, Grant Recipient shall:
• Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors or installers;
• Require all warranties be executed, in writing;
• Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work
performed to construct the Facility is found not to conform to specifications,
permit requirements, or industry standard, Grant Recipient shall correct it
promptly.
12.3 Right to Inspect-Construction.
King County personnel or agents may inspect the Project work at any time
provided that such persons observe due regard for workplace safety and security.
King County may require Grant Recipient or its contractors to stop work if King
County deems work stoppage necessary to remedy construction defects or to
address risks to health, safety, or welfare. Grant Recipient specifically
understands, acknowledges, and agrees that at a minimum, King County will
inspect the Facility construction project before final completion of the Facility.
12.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Facility and exterior landscaping, which visually blends with the setting.
King County shall review the design plans for the Facility in concept and reserves
the right to approve the final design of the Facility, consistent with established
zoning, design code, or both.
12.5 Alteration of Site or Facility after Construction.
After the Facility is completed and accepted by Grant Recipient and King County
as defined herein, Grant Recipient will not make any material alteration to the
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Facility without express, written consent by King County.
12.6 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits,
fees, and expenses associated with the Project.
12.7 Public Works Laws.
The Grant Recipient certifies that all contractors and subcontractors performing
work on the Project shall comply with state Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable to the Project funded by the Grant Award,
including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The
Grant Recipient shall maintain records sufficient to evidence compliance with
Chapter 39.12 RCW, and shall make such records available for King County
Department of Local Services’ review upon request Grant Recipient will comply
with all other applicable public works laws, regulations, and ordinances, including
but not limited to those related to retainage (see RCW 60.28), bonding (see RCW
39.08), use of licensed contractors (see RCW 39.06), and competitive bidding
(see RCW 36.32 and RCW 35.21.278). Grant Recipient will indemnify and
defend King County should it be sued or made the subject of an administrative
investigation or hearing for a violation of such laws, regulations, and ordinances
in connection with the improvements.
12.8 Contractor Indemnification and Hold Harmless.
Grant Recipient will require its Contractor(s), including construction contractors,
and subcontractors to defend, indemnify, and hold King County, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses, or suits including attorney's fees and costs, arising out of or in
connection with the design, development, and construction of the Facility
(hereinafter "Design and Construction Phase"), except for injuries and damages
caused by the negligence of King County.
12.9 Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit E – Insurance
Requirements.
13. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
sufficient to comply, and demonstrate compliance, with all financial, reporting, record
keeping and other requirements under this Agreement.
14. MAINTENANCE OF RECORDS
15.1 Grant Recipient shall maintain accounts and records, including personnel,
property, financial, Project records, and Agreement deliverables, to ensure proper
accounting for all Grant Award Funds and compliance with this Agreement
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15.2 These records shall be maintained for the later of (a) six (6) years after the
expiration or earlier termination of this Agreement and (b) three (3) years after the final
maturity of the bonds that funded the Grant Award. Unless otherwise notified by King
County Office of Performance, Strategy and Budget, Grant Recipient may assume that
the final maturity of the bonds that funded the Grant Award is twelve (12) years after the
date of the final payment of Grant Award Funds under this Agreement.
16. RIGHT TO INSPECT
King County reserves the right to review and approve the performance of Grant Recipient
with regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant
Recipient’s records regarding this Agreement and the Project upon seventy-two (72)
hours’ notice during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in
using funds provided by the County and in completing the Project and providing
programming at the Project, including, without limitation, those relating to providing
programming on a nondiscriminatory basis, providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and
Health Act (WISHA); and those related to “public works,” payment of prevailing wages,
and competitive bidding of contracts. The Grant Recipient specifically agrees to comply
and pay all costs associated with achieving such compliance without notice from King
County; and further agrees that King County, does not waive this Section by giving
notice of demand for compliance in any instance. The Grant Recipient shall indemnify
and defend the County should it be sued or made the subject of an administrative
investigation or hearing for a violation of such laws related to this Agreement.
18. CORRECTIVE ACTION
18.1 If the County determines that a breach of contract has occurred or does not approve of
the Grant Recipient’s performance, it will give the Grant Recipient written
notification of unacceptable performance. Grant Recipient will then take corrective
action within a reasonable period of time, as may be defined by King County in its
sole discretion in its written notification to Grant Recipient.
18.2 King County may withhold any payment owed Grant Recipient until the County is
satisfied that corrective action has been taken or completed.
19. TERMINATION
19.1 If the termination results from acts or omissions of Grant Recipient, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to Grant Recipient by the
County.
19.2 Any King County obligations under this Agreement beyond the current appropriation
biennium are conditioned upon the County Council's appropriation of sufficient funds
to support such obligations. If the Council does not approve such appropriation, then
this Agreement will terminate automatically at the close of the current appropriation
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biennium.
19.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits B, C and F, or
upon reimbursement by the Grant Recipient to the County of all unexpended proceeds
provided by the County pursuant to this Agreement and payment of all amounts due
pursuant to Section 6.
20. FUTURE SUPPORT; UTILITIES AND SERVICE
The County makes no commitment to support the Project or Facility contracted for herein
and assumes no obligation for future support of the Project or Facility contracted for
herein except as expressly set forth in this Agreement. Grant Recipient understands,
acknowledges, and agrees that the County shall not be liable to pay for or to provide any
utilities or services in connection with the Project or Facility contemplated herein.
21. HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall protect, indemnify, and save harmless the County, its officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from (1) Grant Recipient’s failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies
performed or provided by Grant Recipient’s employees or other suppliers in connection
with or support of the performance of this Agreement.
Grant Recipient further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Agreement by the Grant Recipient, its officers, employees, agents, representatives, or
subcontractors. This duty to repay the County shall not be diminished or extinguished by
the expiration or prior termination of the Agreement.
Grant Recipient agrees for itself, its successors, and assigns, to defend, indemnify, and
hold harmless King County, its appointed and elected officials, and employees from and
against liability for all claims, demands, suits, and judgments, including costs of defense
thereof, for injury to persons, death, or property damage which is caused by, arises out
of, or is incidental to any use of or occurrence on the Project that is the subject of this
Agreement, or Grant Recipient’s exercise of rights and privileges granted by this
Agreement, except to the extent of the County's sole negligence. Grant Recipient’s
obligations under this Section shall include:
A. The duty to promptly accept tender of defense and provide defense to the County at
the Grant Recipient’s own expense;
B. Indemnification of claims made by Grant Recipient’s employees or agents; and
C. Waiver of Grant Recipient’s immunity under the industrial insurance provisions of
Title 51 RCW, but only to the extent necessary to indemnify King County, which
waiver has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
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recoverable from the Grant Recipient.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Grant
Recipient agrees to protect, defend, indemnify and save the County, its officers, officials,
employees and agents from any and all claims, demands, suits, penalties, losses damages
judgments, or costs of any kind whatsoever for bodily injury to persons or damage to
property (hereinafter "claims"), arising out of or in any way resulting from the Grant
Recipient’s officers, employees, agents and/or subcontractors of all tiers, acts or
omissions, performance of failure to perform the rights and privileges granted under this
Agreement, to the maximum extent permitted by law or as defined by RCW 4.24.115, as
now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be
included in all Agreements or subcontractor Agreements entered into by Grant Recipient
in conjunction with this Agreement. Grant Recipient’s duties under this Section 21
will survive the expiration or earlier termination of this Agreement.
22. NONDISCRIMINATION
King County Code (“KCC”) chapters 12.16, 12.17 through 12.18 apply to this Agreement
and are incorporated by this reference as if fully set forth herein. In all hiring or
employment made possible or resulting from this Agreement, there shall be no
discrimination against any employee or applicant for employment because of sex, race,
color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression or age except minimum age and retirement provisions,
unless based upon a bona fide occupational qualification.
23. CONFLICT OF INTEREST
KCC Chapter 3.04 (Employee Code of Ethics) is incorporated by reference as if fully set
forth hence, and Grant Recipient agrees to abide by all conditions of said chapter. Failure
by Grant Recipient to comply with any requirement of said KCC Chapter shall be a
material breach of contract.
24. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under
this Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
25. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the County and Grant Recipient, Grant Recipient shall be responsible to
operate and maintain the completed Facility at its own sole expense and risk. Grant
Recipient shall maintain the completed Facility in good working condition consistent
with applicable standards and guidelines. Grant Recipient understands, acknowledges,
and agrees that the County is not responsible to operate or to maintain the Facility in
any way.
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B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment and
materials purchased with Grant Award Funds. Grant Recipient’s duties under this
Section shall survive the expiration of this Agreement and remain in effect for the
period set forth in Section 15.
26. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this
Agreement or transfer or assign any claim arising pursuant to this Agreement without the
written consent of the County. Grant Recipient must seek such consent in writing not
less than fifteen (15) days prior to the date of any proposed assignment.
27. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver
of any subsequent breach and shall not be construed to be a modification of the terms of
the Agreement unless stated to be such through written approval by the County, which
shall be attached to the original Agreement. Waiver of any default shall not be deemed to
be a waiver of any subsequent defaults.
28. TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will, in good faith, be contesting the validity or
amount of any such taxes.
29. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King
County, Washington.
30. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for
inspection and copying by the public.
31. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, County and Grant Recipient
a partner of one another, and this Agreement will not be construed as creating a
partnership or joint venture. Nothing in this Agreement will create, or be deemed to
create, any right, duty or obligation in any person or entity not a party to it.
32. PERMITS AND LICENSES
Grant Recipient shall complete the Project in accordance with all applicable laws and
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regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities shall be performed by Grant
Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project.
33. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Grant Recipient.
34. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and Grant Recipient. It supersedes all other agreements and understandings
between them, whether written, oral or otherwise.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date
written.
KING COUNTY CITY OF AUBURN
Signature____________________________ Signature____________________________
Name______Dwight Dively_____________ Name ______________________________
Title _______Budget Director___________ Title _______________________________
Date _______________________________ Date _______________________________
Signature____________________________
Name ______________________________
Title _______________________________
Date _______________________________
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City of Auburn- Auburn Avenue Theater- CPA# 6384304
Exhibit A- Map of Facility and Location
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Exhibit B- Scope of Work
This grant will help fund initial portions of the design development phase and determine funding
needs for reconstruction on a new Auburn Avenue Theater.
The Auburn Avenue Theater was structurally damaged at the end of 2021 and subsequently
condemned in January 2022. The damage was due to the demolition of an adjacent building,
which was the result of a fire in July 2021 that destroyed the apartment building and several
businesses. The Theater is a longstanding cultural institution in Auburn and the reconstruction is
vital to the economy of Auburn’s downtown core.
The goal of this grant is to fund the beginning portions of the design development phase to
reconstruct an Auburn Avenue Theater; to assist in determining full funding needs; and to have
formal plans to present to potential funders, given full project funding is unable to be secured.
The preliminary Design Development activities for the Auburn Avenue Theater will include:
• Pre-Design: Determine space needs; determining zoning regulations; documenting
existing site conditions; understand how the site relates to the surrounding area.
• Schematic Design: Preliminary site and floor plans and preliminary exterior concept.
The City of Auburn intends to spend grant funding to begin the initial elements of the Design
Development phase and then all remaining funds for this phase will come from other City funded
or City-secured funding sources.
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Exhibit C- Project Budget
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Exhibit D- Timeline, Milestones & Performance Metrics
The Design Development activities will begin in June 2023 and will continue through June 2024.
Milestone Deliverable Projected
Completion
Pre-Design;
Schematic
Design
• Determine space needs; determining zoning
regulations; documenting existing site conditions;
understand how the site relates to the surrounding
area.
• Preliminary site and floor plans and preliminary
exterior concept.
March 2024
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Exhibit E- Insurance Requirements
Insurance Requirements. Recipient shall procure and maintain for the term of this Contract,
insurance covering King County as an additional insured, as described in this section, against
claims which may arise from, or in connection with, the performance of work hereunder by the
Recipient, its agents, representatives, employees, and/or subcontractors. Recipient shall provide
evidence of the insurance required under this Contract, including a Certificate of Insurance and
Endorsements covering King County as additional insured for full coverage and policy limits upon
request by King County. The costs of such insurance shall be paid by the Recipient.
The Recipient shall maintain the following types of insurance and minimum insurance limits and
requirements:
• Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury, and property
damage. Coverage shall be at least as broad as that afforded under ISO form number CG
00 01 current edition. Such insurance shall include coverage for, but not limited to,
ongoing operations, products and completed operations, and contractual liability. Such
limits may be satisfied by a single primary limit or by a combination of separate primary
and umbrella or excess liability policies, provided that coverage under the latter shall be at
least as broad as that afforded under the primary policy and satisfy all other requirements
applicable to liability insurance including but not limited to additional insured status to the
County.
• Workers Compensation: Workers Compensation coverage, as required by the
Industrial Insurance Act of the State of Washington, as well as any similar coverage
required for this Work and Services by applicable federal or “Other States” State law.
• Employers Liability or “Stop Gap” coverage: $1,000,000 each occurrence and shall
be at least as broad as the protection provided by the Workers Compensation policy Part 2
(Employers Liability), or, in states with monopolistic state funds, the protection provided
by the “Stop Gap” endorsement to the General Liability policy Part 2 (Employers
Liability), or, in states with monopolistic state funds, the protection provided by the “Stop
Gap” endorsement to the General Liability policy.
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EXHIBIT F
TAX COVENANTS
TAX COVENANTS
The Grant Recipient acknowledges that the Grant Award provided by the County for the Project
may be proceeds of tax-exempt bonds (the “Bonds”) subject to certain requirements of the
Internal Revenue Code (the “Tax Code”). The Grant Recipient will take all actions with respect
to the Project, and proceeds received for the Project, necessary to assure the exclusion of interest
on the Bonds from the gross income of the owners of the Bonds, including but not limited to the
following:
Expenditure of Proceeds. The Grant Recipient will expend the Grant Award (proceeds
of the Bonds) for capital expenditures for federal income tax purposes within the meaning of
Section 1.150-1(b) of the Tax Code. Bond proceeds may be expended to pay, or reimburse the
Grant Recipient for, Project capital expenditures or to repay interim indebtedness incurred for
capital expenditures of the Project.
Notice. The Grant Recipient will provide notice of action taken or planned to issue any
tax-exempt indebtedness, including bonds, bank loans, or other tax-exempt indebtedness, to
finance Project costs.
Treatment as Grant.
The Grant Recipient is a municipal corporation organized under RCW Title 35A that is
not a related party to the County. The County and the Grant Recipient are not members of the
same controlled group.
The Grant Recipient is not acting as an agent of the County.
The Grant Award or Agreement does not impose any obligation or condition to directly
or indirectly repay any amount to the County (excluding obligations or conditions intended
solely to assure expenditure of the transferred moneys in accordance with the governmental
purpose of the transfer).
The Grant Award is required to be used for the Project as provided in this Agreement but
does not impose any conditions relating to the use of the Project or other property of the Grant
Recipient by the County or any of its agencies or authorities.
This Agreement is a grant agreement.
Limitations on Disposition of Project. The Grant Recipient will not sell or otherwise
dispose of any components of the Project without prior written approval by the County and
compliance with the requirements of this Agreement.
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Record Retention. The Grant Recipient will retain its records of all accounting and
monitoring it carries out with respect to the Grant Award received and with respect to the
Project for at least three (3) years after the Bonds mature or are redeemed.
Cooperation. The Grant Recipient will provide tax certificates when and as requested by
the County or County’s bond counsel in order to establish or maintain the tax-exempt status of
the Bonds. The Grant Recipient will cooperate in any audit of the Bonds by the Internal
Revenue Service, including disclosure of any record, contracts and other materials relating to
the Bond proceeds received by the Grant Recipient and the Project.
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EXHIBIT G
PREVAILING WAGE CERTIFICATION
The GRANT RECIPIENT, by its signature, certifies that all contractors and
subcontractors performing work on the Project shall comply with prevailing wage laws
set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement,
including but not limited to the filing of the “Statement of Intent to Pay Prevailing
Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANT
RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12
RCW, and shall make such records available for King County Office of Performance,
Strategy and Budget’s review upon request.
For any funds are used by the GRANT RECIPIENT for the purpose of construction,
applicable State Prevailing Wages must be paid.
The GRANT RECIPIENT, by its signature, certifies that the declaration set forth
above has been reviewed and approved by the GRANT RECIPIENT’s governing body as
of the date and year written below.
______________________________________
SIGNATURE
______________________________________
DATE
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Auburn Avenue Theater Vicinity Map Printed On: 9/12/2023
Map created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily
represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
1:22570200400
ft
WGS84 Web Mercator (Auxiliary Sphere)
Auburn Avenue Theater
City Hall
A Street SEAuburn Avenue SEEast Main St
1st Street NE
1st Street SEN Division StPage 50 of 50