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Home My WebLink About03-07-2011 Agenda Modification CITY OF FINANCE COMMITTEE i B U R--N * WASHINGTON March 4, 2011 AGENDA MODIFICATION The agenda modification adds the following action item to the March 7, 2011 Finance Committee agenda: III. ORDINANCES AND RESOLUTIONS B. Resolutions The agenda modification adds Resolution No. 4690. 1. Resolution No. 4690* (Backus/Heineman) A1.3, A3.13.4 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute a Joint Parking Development Agreement and Option to Purchase between the City of Auburn and King County Rural Library District d/b/a the King County Library System f CITY OF g3j- AGENDA BILL APPROVAL FORM _ U7'- WASHINGTON Agenda Subject: Resolution No. 4690 Date: March 1, 2011 Department: Attachments: Resolution 4690 Budget Impact: Human Resources Administrative Recommendation: City Council adopt Resolution No. 4690. Background Summary: The Mayor and City Clerk to execute a Joint Parking Development Agreement and Option to Purchase between the City of Auburn and King County Rural Library District d/b/a the King County Library System. S0307-1 A1.3, 13.13.4 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Backus Staff: Heineman Meeting Date: March 7, 2011 Item Number: V111.6.3 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO.4 6 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARKING DEVELOPMENT AGREEMENT AND OPTION TO PURCHASE BETWEEN THE CITY OF AUBURN AND KING COUNTY RURAL LIBRARY DISTRICT D/B/A THE KING COUNTY LIBRARY SYSTEM WHEREAS, the City currently leases certain real property to King County Rural Library District d/b/a King County Library System (KCLS) for the operation of a public library, including 60 stalls of parking; and WHEREAS, KCLS intends to expand its existing library facility and will need to develop 20 stalls of additional. parking as well as replace any parking stalls that are lost as a result of the library expansion; and WHEREAS, there are available for purchase two parcels of property that could accommodate KCLS's additional parking needs as well some of the future parking needs of the City for the Les Gove Campus. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Joint Parking Development Agreement and Option to Purchase between the City of Auburn and King County Rural Library District d/b/a the King County Library System, which agreement shall be in Resolution No. 4690 March 1, 2011 Page 1 of 2 substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of , 2011. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4690 March 1, 2011 Page 2 of 2 r Return Address: City.of Auburn City Clerk 25 West Main. Auburn, WA 98001 Above this line reserved for recording. information. JOINT PARKING DEVELOPMENT AGREEMENT AND OPTION TO'PURCHASE Reference #'(if applicable): Grantor/Borrower: KING COUNTY RURAL LIBRARY DISTRICT, DBA THE KING COUNTY LIBRARY SYSTEM Grantee/Assignee/geneficiary: CITY OF AUBURN Legal Description/STR:. Assessor's Tax:.Parcel ID#: Additional legal in Exhibit A. This Joint. Parking.Development Agreement. and. Option to Purchase ("Agreement") is',entered into on the day of January, 2011, by the City of Auburn ("City"). and the King County Rural Library . District, doing business as the King County Library System ("KCLS"). RECITALS 1: The City owns.and operates Les Gove Park. (the, "Park"), Pursuant to a land lease (the "Lease"); dated April 29,.201-0, the City currently leases certain'lend within the-Park.(the "Library Leased Park Propertyto KCLS'to operate A.public:library. KCLS operates an existing library facility and 60 stalls of related parking _on. the. Library Property (the. "Existing Parking" The remaining parking :stalls at the Park are owned by the City:(the "City Parking") and are operated 'by the City as'described in. Section 20 of-the Lease. 2. . ' KCLS intends to expand its existing-library facility (as so expanded, . the "Library").- -Based onAhe City- Code' requirement of -one parking stall per, 250 gross square feetO floor area for libraryuses (ACC 1.8.52.020) and the initial information provided by KCLS on the size of the library expansion, KCLS needs Joint-Parking Development: Agreement and Option To Purchase Page '1, of 7 'to. develop 20 stalls.of additional parking and replace any displaced parking stalls. that will be lost -as a..re',sult of the expansion of the Library. 3. There are currently two parcels located at 1018 -1022 Auburn Way South, Auburn (the "Subject Property"), adjacent to the Park campus, that are available for purchase. The Subject Property, which is legally described in Exhibit A attached hereto and. made a part hereof by this reference, subject to the City's.analysis'and determination, appears to be adequate to-accommodate the`additional parking capacity necessary for the- KCLS's expansion needs. JOINT PARKING DEVELOPMENT For valuable consideration,. including. the promises contained in this Agreement, the::sufficiency of which is hereby acknowledged, the City.and KCLS 'agree as follows with respect to the acquisition .of the Subject. Property arid..the development of the required.-additional. parking thereon (collectively, the "Pr"oject") 1.. General. The Project will .be undertaken in the following two phases: Phase '1. KCLS will acquire the Subject Property. As detailed below.the.City will contribute financially to the purchase,of the Subject Property in return for: (i) the perpetual right to use any available parking stalls; (ii), the right to review-and comment on the design and configuration of the Project; and (iii) an optiorl to purchase the Subject Property. if KCLS ever stops.. operating a public library on the Park campus. Phase 1 will commence upon, execution of this Agreement; The City and KCLS.shall each have equal rights to the parking spaces on the Subject Property. Phase 2., After obtaining any and all required permits and. Approvals from local,; regional, state or federal agencies, as may be applicable,.KCLS will demolish the existing structures on, will remove the fencing around, and will.undertake'other necessary.code improvements to, the Subject'Property-in order to provide the parking and pedestrian access to the Library.. Phase 2 will be completed during the construction of.'the expansion and renovation of the Library. 2. City's Responsibilities. The City shall: a. Contribute a portion of the funds required for the purchase of the Subject Property iri an amount, up to, $262;500. Such amount shall be reimbursed to KCLS by depositing the City's contribution into escrow upon receipt of KCLS's.written request therefor accompanied by a fully. executed .copy 'of the`.Purchase and Sale Agreement and a copy of the closing-, instructions. Joint Parking Development Agreement and Option To Purchase Page 2 of 7 b. Provide timely,'review and comment on, and to the extent required by law,, approval of the plans for the Project. 3. KCLS's Responsibilities. KCLS shall: a. Negotiate and. consummate the :purchase of the Subject Property; b. Submit to the;City: a request for the City's contribution to the purchase price for the Subject Property; c. Submit to the City the plans-for the Project for review and comment; d.- Manage the design of the Project; e. Manage_and- pay the costs for the demolition of existing improvements on the Subject Property and the.accomplishment of the Project; f. Pay the costs of the Project, subject to reimbursement from the City as set forth in this Agreement; g. Comply with all City codes, and conditions of approval during and- after construction'for. the Project and associated improvements; h. Obtain'.prior City. authorization including receipt of any permits'and approvals; as needed, for any future physical-changes to the Project area; i. - Operate the Project; and' J. Maintain the Project". OPTION TO' PURCHASE As. part of the :consideratio_ n W. the.parties' execution of this Agreement, KCLS hereby-grants the City an irrevocable option to purchase .the Subject Property. (the "Option"): The,.term of the. Option shall commence as of close of KCLS's escrow to purchase the Subject Property, and shall. be perpetual. The City may exercise-the Option only if. the City. has terminated the Lease because KCLS has ceased to operate a- public-library on the Library Leased Park Property as required thereunder..'Upon receiving. notice from KCLS that KCLS intends to stop operating.a public library-on the Library Leased Park Property, the City shall give' KCLS not less than seventy-five (75) days advance written notice of its Joint Parking Develop merit Agreement and Option To Purchase Page 3of7 intent to exercise this option. Within five (5) days after.the City's exercise of the Option, the parties shall cause. an escrow ("Escrow") to be opened at a Title Company. The title insurance. herein required shall be'furnished by the Title Company. Time is of the, essence. If the Option is exercised, the Purchase .Price shall' be determined by taking the fair market value of the .property and, reducing the price_pro rata: based. upon'the ratio of the City's contribution to KCLS' purchase price of the Subject Property. Fair market'value shall be determined by an independent appraisal performed' by an appraiser mutually agreed upon. by the City, and KCLS. If the parties cannot agree. upon a mutually agreed upon appraiser, KCLS shall select one appraiser and the City shall select another appraiser, and those two .appraisers shall select a third appraiser, and the three appraisers shall determine the fair market value. At the close of Escrow, KCLS shall: a. Convey the..Subject Property to.the City,. or the City's designee, by statutory warranty deed subject to any title exceptions provided in the title report for the Subject Property obtained by-the City, and such matters as shall hereafter be approved by.the City; and ti:: - Assign to the City; or to the City's designee,: all assignable construction, equipment, and supplier warranties pertaining to'the.Subject Property.. KCLS shall.surrender possession of the Subject. Property. at the Close of Escrow. Concurrent. with the KCLS Close of Escrow. for the Subject Property, ,the City and KCLS shall execute and record this Agreement-in the'public records of King. County,.Washington. This Agreement and the Option'shall run with the land;-shall be recorded with the, King County Recorder's office against of the'above property, and shall be bindng upon the, Grantorand -its successors, assigns,-and any subsequent purchasers. REMEDIES In case- of a breach the parties reserve all remedies available under the law including but not Jimited -to funds provided under this Agreement,. or'specific performance:of.any act required under this. Agreement. Joint Parking Development Agreement and Option To .Purchase Page 4 of 7. - IN WITNESS WHEREOF, the City and KCLS have executed this Agreement effective-the day of , 2011. CITY OF AUBURN KING-COUNTY LIBRARY DISTRICT, .doing. business as the KING.000NTY LIBRARY SYSTEM .:By: Peter B. Lewis, Mayor By: William H. Ptacek, Director Attest: Dani Daskam, City,Clerk Approved as to form: Daniel B.'.Heid, City Attorney STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify, that I know or have satisfactory -evidence that Peter: B.. Lewis is the person.who appeared before me,-,and said person acknowledged that he/she signed this, instrument;- on oath stated that he was authorized to execute the instrumentand acknowledged it as the Mayor of the CITY OF AUBURN, a Washington; municipal corporation, to be the free -and voluntary,act of such party for_the'uses and,purposes mentioned,in the instrument. DATED: (Seal or stamp). -NotarySignature Print/Type Name Notary'-Public in and for the State of Washington, residing at: My'appointment expires Joint Parking Development Agreement and Option To Purchase Page 5of7 STATE OF WASHINGTON ) ss. COUNTY:OF KING ) I certify that I: know oi• have satisfactory evidence that William H..Ptacek is the person who-appeared before me, and said person.ack. wledged that he/she signed this instrument; on oath stated-that he was authorized to execute the instrument and acknowledged it.as the Director of KING COUNTY RURAL . LIBRARY'DISTRICT doing business as the KING COUNTY LIBRARY. SYSTEM, a: Washington public corporation, to be the free and voluntary. act. of such party for the'uses and. purposes., mentioned in the instrument. DATED: (Seal or stamp). Notary Signature Print/Type Name Notary Public .in and for: the State of Washington, residing at. My appointment expires.. J Joint Parking Development.Agreement and Option To Purchase Page 6 of 7 EXHIBIT-A .Subject Property -[Legal description to be attachedl r Joint Parking Development Agreement.and_ Option To Purchase Page 7' of 7 i