HomeMy WebLinkAbout50291 ORDINANCE NO. 5 0 2 9
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
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WASHINGTON, AUTHORIZING THE CITY TO' ENTER INTO AN INTERLOCAL
4 AGREEMENT WITH THE PORT OF SEATTLE RELATING TO WETLANDS
CONSTRUCTION, COMMUNITY DEVELOPMENT, AND PROPERTY TRANSFER.
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8 WHEREAS, the Port of Seattle is the owner of certain
7 property approximately 69 acres in size located in the City of
8 Auburn west of the Green River and south of S. 277th Street;
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WHEREAS, the City of Auburn is willing to consider an
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amendment of its zoning code to clarify that publicly-owned
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wetlands/open space is a permitted use on said property; and
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WHEREAS, the City of Auburn is willing to consider
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issuing necessary Auburn permits to authorize construction of
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wetlands on said property; and
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WHEREAS, King County is planning to construct a
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18 recreational trail along the Green River, and the Port of
19 Seattle intends to donate a portion of said property
20 (approximately 1.9 acres) adjacent to the Green River for the
21 trail to King County; and
22 WHEREAS, the City of Auburn is pursuing certain community
23 development activities in the vicinity of the said property
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which may include, among other activities, the formation of a
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Ordinance No. 5029
January 15, 1998
Page 1
1 Local Improvement District (LID) or other financing mechanism
2 to provide street and utility improvements in the area for
which the Port of Seattle is willing to make financial
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contributions to Auburn in lieu of assessment of said property
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pursuant to an LID or other financing mechanism; and
WHEREAS, the Port of Seattle is willing to pay to Auburn
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$642,000 for street and utility improvements, utility system
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development charges and floodplain mapping costs, including
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but not limited to, planning, design, right of way, and/or
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11 construction of such improvements; and
12 WHEREAS, the Port of Seattle will transfer Auburn an
13 excess portion of said property that will not be necessary for
]4 wetlands construction or the public trail, or its equivalent
15 cash value; and
18 WHEREAS, the transfer of portions of the subject property
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by the Port of Seattle to the City of Auburn and King County
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is being undertaken in accordance with the provisions of
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Chapter 39.22 RCW. Pursuant to RCW 39.33.020, the Port of
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Seattle published a notice of hearing and disseminated a news
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release with respect to those transfers on December 29, 1997.
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A public hearing with respect to these transfers were
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conducted on January 13, 1998, and the Port Commission
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Ordinance No. 5029
January 15, 1998
Page 2
1 authorized the transfer of portions of the subject property to
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King County and the City of Auburn subject to certain
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conditions; and
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WHEREAS, at time of approval of this Agreement, the Port
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continues to work with the City of Kent to resolve the issue
of hydraulic connectivity with the Green River floodplain and
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To assure the design for conveyance of floodwaters across the
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South 277th Street project corridor; and
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WHEREAS, it is understood by both parties of the
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11 Agreement that resolution of the floodplain connectivity issue
12 by the Port and City of Kent is prerequisite to issuance of a
13 grading permit by the City of Auburn.
14 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
15 WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Pursuant to Chapter 35A.33 RCW the City
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Council hereby approves the expenditure and appropriation of
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Port of Seattle funds in the amount of $642,000 for the
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purpose of wetlands construction, community development and
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property transfer.
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Section 2. The Mayor of the City of Auburn is hereby
23 authorized to enter into an Interlocal Agreement between the
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Ordinance No. 5029
January 15, 1998
Page 3
1 Port of Seattle and the City of Auburn, regarding wetlands
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construction, community development and property transfer.
A copy of said Agreement is attached hereto as Exhibit "A" and
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incorporated herein by this reference.
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Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
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out the directions of this legislation.
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Section 4. This Ordinance shall take effect and be in
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10 force five (5) days from and after its passage, approval and
]1 publication, as provided by law.
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13 INTRODUCED: January 20, 1998
14 PASSED: January 20, 1998
15 APPROVED: January 20, 1998
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A OOTH
CHARLES .
19 MAYOR
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Ordinance No. 5029
January 15, 1998
Page 4
1 ATTEST:
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4 Danielle E. Daskam,
City Clerk
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7 APPROVED AS TO FORM:
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Michael J. Reynolds,
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City Attorney
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lS Published: ~2 3~f[
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Ordinance No. 5029
January 15, 1998
Page 5
INTERLOCAL AGREEMENT
Between City of Auburn and Port of Seattle
Regarding Wetlands Construction, Infrastructure
Improvements, and Property Transfer
THIS INTERLOCAL AGREEMENT is made and entered into as of this
~ day of ~[CFL , 1998, between the CITY OF AUBURN, a
municipal corporation of the State of Washington ("Auburn"), and
the PORT OF SEATTLE, a municipal corporation of the State of
Washington (the "Port"), relating to wetlands construction,
infrastructure improvements, and a transfer of property from the
Port to Auburn.
Recitals
A. The Port is the owner of a parcel of property
approximately 69 acres in size located in the City of Auburn west
of the Green River and south of S. 277th St., legally described in
Exhibit A attached hereto and depicted on the aerial photograph
attached hereto as Exhibit B (the "Subject Property").
Approximately 4.3 acres of the Subject Property have been
delineated as existing wetlands. The Port has proposed to
construct additional wetlands on the Subject Property as
mitigation for certain wetlands filling proposed by the Port at
Seattle-Tacoma International Airport (the "Airport"). The Port
intends to construct the wetlands and arrange for their retention
as public wetlands/open space in perpetuity.
B. The Subject Property is zoned single-family
residential (R-2). Auburn is willing to consider and act on: (1)
an amendment of its zoning code to clarify that publicly-owned
wetlands/open space is a permitted use on the Subject Property;
and (2) all necessary Auburn permits to authorize construction of
the wetlands on the Subject Property.
Ordinance No. 5029
Exhibit A
Page 1
C. King County is planning to construct a
recreational trail along the Green River, and the Port intends to
donate to King County a portion of the Subject Property adjacent
to the Green River for the trail. The portion of the Subject
Property to be donated to King County consists of approximately
1.7 acres.
D. Auburn is pursuing certain infrastructure
improvements in the vicinity of the Subject Property which may
include, among other activities, the formation of a Local
Improvement District (LID) or other financing mechanism to provide
street and utility improvements in the area. The Port is willing
to support Auburn's infrastructure improvements and make financial
contributions to Auburn in lieu of assessment of the Subject
Property pursuant to an LID or other financing mechanism. The
Port is also willing to contribute towards other infrastructure
improvements as specified in this Interlocal Agreement. In total,
the Port will pay Auburn $642,000 for street and utility
improvements, utility system development charges, and floodplain
mapping costs (as set forth in Sections 4 through 6 below), and
will transfer to Auburn an excess portion of the Subject Property
or its equivalent cash value (as set forth in Sections 4 and 7
below). Auburn, at its sole discretion, may utilize the funds
paid under this Agreement for planning, design, right-of-way,
and/or construction of any of these improvements. The timing of
all cash payments and the property transfer is set forth in
Section 7 below.
E. The Port's contribution to Auburn will include a
donation of an excess portion of the Subject Property that will
not be necessary for wetlands construction or the public trail (or
its equivalent cash value). Auburn has expressed interest in this
excess portion of the Subject Property for use in conjunction with
its infrastructure improvements in the area.
F. Exhibit C to this Interlocal Agreement is a
drawing of the Subject Property generally showing the areas of the
Subject Property that are currently anticipated to be retained by
the Port for wetlands, donated to King County for a trail, and
transferred to Auburn.
Ordinance No. 5029
Exhibit A
Page 2
G. The transfer of portions of the Subject Property
by the Port to Auburn and King County is being undertaken in
accordance with the provisions of Chapter 39.33 RCW. A public
hearing with respect to these transfers was conducted on January
13, 1997, and the Port Commission authorized the transfer of
portions of the Subject Property to King County and Auburn subject
to certain conditions.
Ordinance No. 5029
Exhibit A
Page 3
Agreement
1. Construction of Wetlands on Subject Property.
1.1 Auburn will initiate, consider, and act
on an amendment of the Auburn zoning code to clarify that wetlands
are permitted outright on the Subject Property. The Port will
apply to Auburn for a grading permit and other permits and
approvals required by Auburn for construction of the wetlands on
the Subject Property. Auburn will review and process the zoning
amendment, grading permit, and other permits and approvals in a
timely, reasonable, and standard manner.
1.2 The Port will construct new wetlands on
the Subject Property substantially in the manner depicted on the
plan at Exhibit C. The Port may change this plan as it
determines necessary to respond to regulatory agency requirements,
unexpected site conditions, or other new information or changed
circumstances; provided that, after issuance of an Auburn permit,
any changes will be subject to Auburn's standard requirements for
City approval of permit changes.
2. Designation of King County Property. In
consultation with King County and Auburn, the Port will designate
the portion of the Subject Property adjacent to the Green River to
be donated to King County for the recreational trail (the "King
County Property"). The Port and/or King County will apply to
Auburn for a lot line adjustment or subdivision approval, if
required by Auburn, to establish the King County Property as a
separate parcel capable of being conveyed to King County. Auburn
will review and process the application in a timely, reasonable,
and standard manner.
3. Designation of Wetlands and Excess Area. The Port
is seeking permits from appropriate regulatory agencies to
authorize its proposed wetlands fill at the Airport, including a
Section 404 Permit from the U.S. Army Corps of Engineers. As part
of the permit process, a determination will be made as to the
precise amount of wetlands area that must be constructed on the
Subject Property as mitigation for the wetlands fill at the
Airport. At this time, the Port has estimated the amount of
wetlands mitigation area that may be required (as depicted in
Exhibit C) but a final determination by applicable regulatory
agencies has not yet been made. Because it is possible that the
Ordinance No. 5029
Exhibit A
Page 4
regulatory agencies may require a greater amount of wetlands
mitigation area than the Port has estimated, or a different
configuration of wetlands area than currently proposed, the Port
is not able to make a final determination at this time as to the
amount and which portion of the Subject Property will be allocated
to wetlands use and the amount and which portion of the Subject
Property will be available for other use. The Port will determine
the portion of the Subject Property to be designated as wetlands
and wetlands buffer area (the "Wetlands Area") and the portion to
be available for other use (the "Excess Area") prior to the
transfer of the Excess Area to Auburn. However, the Excess Area
shall not include a 20-foot-wide buffer adjacent to the existing
wetland on the eastern boundary of the Excess Area. At this time,
the Port estimates the amount of Excess Area to be approximately
16-20 acres.
4. City Assessments.
4.1 Port Payment in Lieu of Assessment.
Auburn is planning to construct certain infrastructure
improvements in the area where the Subject Property is located
which will benefit the Subject Property, including the following
(the "Street and Utility Improvements"): I Street from S. 277th
St. to approximately the westerly extension of the southern
boundary of the Subject Property, including water and sewer
conveyance systems; regional stormwater detention, water quality,
and conveyance facilities to serve the north storm drainage basin
as shown in Auburn's Drainage Master Plan; two additional traffic
lanes on S. 277th Street from Auburn Way N. to I Street, including
related traffic signals, lighting, and non-motorized trail
elements; all as shown on Auburn's Comprehensive Plan or as
designated in the Special Planning Area established by Ordinance
No. 4912. Auburn has estimated the cost of the Street and Utility
Improvements and is considering the formation of an LID or other
financing mechanism to finance the construction of these
improvements. Pursuant to an LID or similar financing mechanism,
the costs will be apportioned on a parcel-by-parcel basis
consistent with standard assessment methodology. When the Port
creates wetlands on the Wetlands Area, and King County creates a
recreational trail on the King County Property, these properties
will not be available for payment of a fair share of the costs
associated with the Street and Utility Improvements, resulting in
a greater financial burden on Auburn and other property owners.
Therefore, the Port will:
Ordinance No. 5029
Exhibit A
Page 5
a. pay to Auburn the sum of Four Hundred Twenty
Two Thousand Dollars ($422,000), which Auburn will expend
solely for the benefit of the Street and Utility
Improvements; and
b. transfer to Auburn either (i) the Excess Area
in a size not smaller than twenty acres, or (ii) if the
Excess Area is smaller than twenty acres, a combination of
Excess Area plus cash value of the difference between the
Excess Area acreage transferred and twenty acres. If the
Excess Area is smaller than sixteen acres, Auburn may, at its
option, require the Port to pay Auburn the cash value of the
entire twenty acres and transfer no portion of the Excess
Area. If the parties agree that the Port will transfer to
Auburn an Excess Area larger than twenty acres, Auburn will
pay the Port the cash value of the Excess Area transferred in
excess of twenty acres. The cash value of the Excess Area is
hereby established as Twenty Six Thousand Nine Hundred
Dollars ($26,900) per acre. Auburn will use, trade, sell, or
otherwise manage or dispose of the Excess Area, and will
expend any payments of cash value of the Excess Area, solely
for the benefit of the Street and Utility Improvements.
4.2 Wetlands Area and King County Property
Not Subject to Assessment; Assessment on Excess Area. In
consideration for the Port's payment and property transfer to
Auburn, the Wetlands Area and the King County Property will not be
subject to any City-imposed assessment, after the date of this
Interlocal Agreement, relating to any costs of the Street and
Utility Improvements including but not limited to assessments
under the proposed North Auburn/I Street LID. Also, if the Port
transfers the Excess Area to Auburn, Auburn will be responsible
for payment of any City assessment imposed on the Excess Area
after the date of this Interlocal Agreement, relating to any costs
of the Street and Utility Improvements including but not limited
to assessments under the proposed North Auburn/I Street LID. If
the Port has paid any assessments on the Excess Area after the
Ordinance No. 5029
Exhibit A
Page 6
date of this Interlocal Agreement and prior to the transfer of the
Excess Area to Auburn, Auburn will reimburse the Port for these
payments at the time the Excess Area is transferred to Auburn.
"Assessment" is defined to include an LID assessment, a charge
imposed on property pursuant to a latecomers agreement, or other
similar assessment, charge, or fee.
4.3 Credit Against Assessment. If this
Interlocal Agreement or an Auburn assessment mechanism (e.g., the
North Auburn/I Street LID) is successfully challenged, resulting
in an assessment being imposed on the Wetlands Area or the King
County Property relating to the Street and Utility Improvements,
said assessment obligation shall be reduced by the amounts
previously paid by the Port and the value of the Excess Area
transferred to Auburn under the terms of this Interlocal
Agreement.
4.4 Refund If Funds Not Expended. All cash
payments of the Port pursuant to Sections 4.1 and 7.4.2 of this
Interlocal Agreement will be deposited in an interest-bearing
account or otherwise invested in a manner that earns a reasonable
rate of return. If Auburn does not expend the cash payments made
pursuant to Sections 4.1 and 7.4.2 on the Street and Utility
Improvements within 10 years of the date Auburn receives the cash
payments, Auburn shall: (i) refund to the Port the cash payments
made by the Port pursuant to Sections 4.1 and 7.4.2 of this
Interlocal Agreement, that were not expended within the time
limit, including the actual earned interest or other return on the
invested funds, less two-tenths of one percent (.2%) interest
which will be retained by Auburn for administrative costs; and
(ii) convey back to the Port any property transferred by the Port
to Auburn pursuant to this Interlocal Agreement or, at Auburn's
option, refund to the Port the cash value of the property in the
amount established in Section 4.1.b. In the event that all these
cash payments made by the Port are refunded to the Port and all
the property transferred by the Port (or its cash value) are
conveyed back to the Port, the prohibition on assessments in
Section 4.2 will be void and no longer in effect.
Ordinance No. 5029
Exhibit A
Page 7
5. System Development Charges.
5.1 Port Payment in Lieu of System
Development Charges. Auburn has incurred and will incur certain
costs to develop its sanitary and storm sewer utility systems for
certain service areas containing the Subject Property. Auburn
seeks to recover portions of these costs from owners of property
using these sanitary and storm utility systems (referred to herein
as "System Development Charges"). In lieu of paying System
Development Charges with regard to the Wetlands Area and King
County Property, the Port will pay to Auburn the sum of One
Hundred Eighty Thousand Dollars ($180,000), not subject to refund
except under conditions set forth in Section 5.3 of this
Interlocal Agreement.
5.2 Wetlands Area and King County Property
Not Subject to System Development Charges. In consideration for
the Port's payment to Auburn, the Wetlands Area and the King
County Property will not be subject to any System Development
Charges after the date of this Interlocal Agreement. Also, if the
Port transfers the Excess Area to Auburn, Auburn will be
responsible for payment of any System Development Charges imposed
on the Excess Area after the date of this Interlocal Agreement.
If the Port has paid any System Development Charges on the Excess
Area after the date of this agreement and prior to the transfer of
the Excess Area to Auburn, Auburn will reimburse the Port for
these payments at the time the Excess Area is transferred to
Auburn.
5.3 Credit Against Charge. If a legal
challenge is filed regarding this Interlocal Agreement, a System
Development Charge, or otherwise, which results in a System
Development Charge being imposed on the Wetlands Area or the King
County Property, the Port (and King County, in the case of the
King County Property) shall receive a credit against the System
Development Charge in an amount equal to the payment made by the
Port in lieu of System Development Charge.
Ordinance No. 5029
Exhibit A
Page 8
6. Floodplain Change. As a result of the Port's
construction of wetlands, a part of the Wetlands Area will be
lowered in elevation and will become an extension of the 100-year
floodplain located northwest of the Subject Property. The Port
will construct (or, if mutually agreed by Auburn and the Port, pay
to Auburn the costs of construction and Auburn will construct) a
channel between the Wetlands Area and the south side of S. 277th
St. The channel will be constructed approximately in one of the
alternate locations depicted in the drawing at Exhibit D (or as
otherwise mutually agreed by Auburn and the Port), it will be
approximately 1,000 feet in length, it will be of sufficient width
and depth to adequately convey floodwaters between the Wetlands
Area and the existing floodplain, and it may include an access
road in or adjacent to it. If requested by the Port, Auburn will
assist the Port in acquiring, at the Port's expense, a permanent
easement across the property north of the Subject Property
sufficient to permit the Port to (i) construct the channel and
(ii) maintain the channel in perpetuity. Following additional
work to connect the Port-constructed channel to the floodplain,
Auburn will seek from the Federal Emergency Management Agency and
other appropriate entities an amendment of official floodplain
maps to reflect this change. The Port will pay to Auburn the sum
of Forty Thousand Dollars ($40,000) for the costs of preparing and
processing this map amendment.
7. Timing of Payments and Property Transfer. This
section governs the timing of all cash payments and the property
transfer under this Interlocal Agreement including the payment and
property transfer for the Street and Utility Improvements under
Section 4 above, the system development charges under Section 5
above, and the floodplain mapping costs in Section 6 above.
7.1 Initial Payment. Within thirty (30)
days following execution of this Interlocal Agreement by both
parties, the Port will pay to Auburn the sum of One Hundred
Thousand Dollars ($100,000).
7.2 Lot Line Adjustment or Subdivision for
Excess Area. The Port will apply to Auburn for a lot line
adjustment or subdivision approval, if required by Auburn, to
establish the Excess Area as a separate parcel capable of being
conveyed to Auburn. Auburn will review and process the
application in a timely, reasonable, and standard manner.
Ordinance No. 5029
Exhibit A
Page 9
7.3 Remaining Cash Payments. The Port will
make the remaining cash payments due under this Agreement as
follows:
a. The Port shall pay to Auburn the sum of One
Hundred Forty Two Thousand Dollars ($142,000) within thirty
(30) days following the Port's determination that Auburn has
amended the zoning code to clarify that wetlands construction
is a permitted use on the Subject Property and Auburn has
issued all necessary permits for the proposed wetlands
construction on the Subject Property.
b. The Port shall pay to Auburn the sum of Four
Hundred Thousand Dollars ($400,000) within thirty (30) days
after the earlier of:
(i) the Port's determination that Auburn has
amended the zoning code to clarify that wetlands
construction is a permitted use on the Subject Property
and Auburn has issued all necessary permits for the
proposed wetlands construction on the Subject Property,
and all applicable time periods for appealing the code
amendment and permits have elapsed and either no appeal
was filed or, if an appeal was filed, the appeal has
been successfully concluded; or
(ii) four years have elapsed since the
execution of this Interlocal Agreement and construction
contracts for the Street and Utility Improvements have
been executed; provided that, if construction contracts
for the Street and Utility Improvements are executed
within four years of execution of this Interlocal
Agreement, the Port shall either (a) pay the $400,000
to Auburn when the construction contracts are executed
or (b) pay to Auburn one-half the reasonable costs of
borrowing $400,000 for the period of time between
execution of the construction contracts and the date
four years after execution of this Interlocal
Agreement.
Ordinance No. 5029
Exhibit A
Page 10
7.4 Property Transfer
7.4.1 Timing of Property Transfer. The Port
will transfer the Excess Area to Auburn in accordance with the
transfer procedure of Section 11 below within 30 days after: (i)
the Port's determination that all necessary permits have been
issued for the proposed wetlands fill at the Airport and for the
wetlands construction on the Subject Property, and all applicable
time periods for appealing the permits have elapsed and either no
appeal was filed or, if an appeal was filed, the appeal has been
successfully concluded; and (ii) any necessary lot line adjustment
or subdivision approval has been granted that establishes the
Excess Area as a separate parcel capable of being conveyed; and
(iii) the U.S. Army Corps of Engineers, Seattle District, has
determined that construction of the wetlands on the Wetlands Area
is complete (or, if earlier, the Port's determination that the
Excess Area is no longer required as a staging area for
construction of the wetlands on the Wetlands Area).
7.4.2 City May Require Cash Instead of
Property. Due to the timing of infrastructure improvements in the
area, Auburn will need to know, by a certain time, the size and
configuration of the Excess Area to be transferred to Auburn. If
the Port is not able to make a determination of the size and
configuration of the Excess Area by that time, Auburn may choose
to receive a cash payment instead of the property in order to keep
its infrastructure improvements on schedule. Accordingly, if the
Port has not transferred the Excess Area to Auburn by October 1,
1998, Auburn may require that the Port pay the cash value of
twenty acres of Excess Area instead of transferring the Excess
Area to Auburn. If Auburn determines that it is necessary to
accept cash instead of property pursuant to this section, it will
notify the Port in writing of its determination. The Port will
then have thirty (30) days to notify Auburn in writing that it
will transfer the Excess Area to Auburn as soon as the transfer
procedures of Section 11 of this Interlocal Agreement are
completed and that it will proceed to complete the transfer
procedures of Section 11 immediately and in an expedited manner.
If the Port does not provide such notice to Auburn, the Port shall
pay to Auburn the cash value of twenty acres of Excess Area as
follows: the Port shall pay 25% of the cash value as soon as the
conditions of Section 7.3.a have been satisfied; and the Port
shall pay the remaining 75% of the cash value as soon as the
conditions of Section 7.3.b have been satisfied. If the
Ordinance No. 5029
Exhibit A
Page 11
provisions of Section 7.3.b (ii) (b) are invoked, the borrowing
costs shall include the costs of borrowing 75% of the cash value
of the Excess Area.
8. Costs of Defending Against Appeal or Legal Action.
If an appeal is filed challenging the zoning code amendment or
permits relating to construction of the wetlands on the Subject
Property, or if a legal action is brought challenging the validity
of this Interlocal Agreement, the Port will pay the attorneys fees
and costs (including the costs of retaining consultants and expert
witnesses) reasonably incurred by Auburn in defending against the
appeal or legal action.
9. Easement for Wetlands Construction and Irrigation
Water Line. Following transfer of the Excess Area to Auburn, the
Port may need temporary access on and across the Excess Area to
construct the wetlands on the Wetlands Area and to construct and
maintain a temporary water line to the Wetlands Area. At the time
of transfer of the Excess Area to Auburn, the Port may retain: (i)
a temporary construction easement over the Excess Area for access
and utilities for constructing the wetlands in the Wetlands Area;
and (ii) a temporary easement on and across the Excess Area for a
water line to the Wetlands Area for irrigating the wetlands
vegetation during the initial growing seasons following planting.
The easements shall be substantially in the form attached as
Exhibit E to this Interlocal Agreement.
10. Water Supply for Wetlands Area. Depending on the
amount of rainfall, it may be necessary for the Port to irrigate
the Wetlands Area during the initial growing seasons following
planting (currently estimated to be three years). Auburn will
provide water service to the Wetlands Area at a peak flow rate
(e.g. gallons per minute), quantity (e.g. acre-feet per year), and
during times that the Port reasonably determines is necessary for
irrigating the Wetlands Area, not to exceed 275 gallons per minute
and 4,000 cubic feet per year. The Port will pay Auburn's usual
and customary fees and charges for the temporary water service.
11. Procedure for Transfer of Property to Auburn. The
conveyance of the Excess Area to Auburn shall be accomplished in
accordance with the following provisions.
11.1 Deed/Title. The conveyance shall be by
Special Warranty Deed, subject to easements, encumbrances and
Ordinance No. 5029
Exhibit A
Page 12
restrictions of record. The Port will satisfy or cause the
removal of any financial liens or encumbrances on the Excess Area,
except (i) taxes, which shall be prorated at closing, (ii)
surface water management charges, assessments and similar
governmental or utility liens, imposed by governmental entities
other than Auburn or imposed by Auburn prior to the date of this
Interlocal Agreement, which shall be prorated at closing, and
(iii) assessments imposed by Auburn after the date of this
Interlocal Agreement which will be paid by Auburn as provided
above. The conveyance shall be free and clear of tenancies or
parties in possession. If Auburn desires title insurance, Auburn
shall be responsible for ordering and paying any premiums
associated with title insurance coverage.
11.2 Review and Disclaimer. At least 30 days
prior to the date of the conveyance, the Port will give to Auburn
written notice of the proposed conveyance and the scheduled date
of closing. During such 30-day period, Auburn shall have the
right to inspect the property to be conveyed, the condition of
title, and similar matters to confirm that Auburn desires to
accept the conveyance. In the event Auburn elects not to accept
the conveyance, Auburn shall so notify the Port within the 30-day
period, in which event the obligation of the Port to convey the
property offered to Auburn shall terminate. The failure of Auburn
to give notice of non-approval within the 30-day period shall
constitute Auburn's approval of the conveyance. Auburn's decision
not to accept a conveyance shall not terminate this Interlocal
Agreement as it applies to the remainder of the Subject Property
and shall not impair or reduce the rights of the Port hereunder.
11.3 Closing Costs. Escrow fees, recording
fees and similar closing costs (if any) shall be divided equally
between Auburn and the Port. The Port shall be responsible for
any real estate excise tax on the conveyance. Each party shall
bear its own attorneys' and consultants' fees and costs.
Ordinance No. 5029
Exhibit A
Page 13
11.4 Other Documents. Each party agrees to
sign such other agreements and documents as may be reasonably
required to complete the conveyance as provided herein including,
to the extent appropriate, FIRPTA Certificates, excise tax
affidavits, easements as required under this Interlocal Agreement,
and similar documents.
12. Waiver of Reimbursement Claim. The Port
acknowledges and agrees that its payments and property transfer to
Auburn under this Interlocal Agreement are voluntarily made. The
Port hereby waives any right it may have to later seek
reimbursement from Auburn for these payments or property transfer.
13. Assignment/Pledge of Interlocal Agreement. Auburn
may assign its rights under this agreement, or pledge this
agreement as security, if necessary to borrow funds for the
construction of the Street and Utility Improvements.
Ordinance No. 5029
Exhibit A
Page 14
IN WITNESS WHEREOF, the parties hereto have executed this
Interlocal Agreement as of the day first above mentioned.
CITY OF AUBURN PORT OF SEATTLE
Charles A. Booth
Mayor Pres., Port Commission
Date: ~ ol/,/~ Date:
~ielle E~ Daskam j By:
, or ommission
Date: ~ ,2/~/ff~ Date: )Z~ ]q~tZ'~'/
APPROVED AS TO FORM:
MICHAEL J. REYNOLDS
CITY ATTORNEY
Date:
Ordinance No. 5029
Exhibit A
Page 15
EXHIBITS
A. Legal Description of Subject Property
B. Aerial Photograph of Subject Property
C. Drawing of Subject Property Showing Wetlands Area, King
County Property, and Excess Area
D. Drawing of Channel
E. Form of Easement for Wetlands Construction and Irrigation
Water Line
Ordinance No. 5029
Exhibit A
Page 16