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10-24-2011 Agenda Packet
Planning and Community Development October 24, 2011 - 5:30 PM Annex Conference Room 2 AGENDA I. CALL TO ORDER A. Roll Call B. Announcements 1. Hearing Examiner Annual Report (Snyder) Annual report from Mr. Olbrechts on City issues of common concern, City Council goals and vision for growth and development , effectiveness of the comprehensive plan and zoning code along with other various development matters. C. Agenda Modifications II. CONSENT AGENDA A. Minutes - October 10, 2011* (Snyder) III. ACTION A. Resolution No. 4763 - 2011 Annual Action Plan Amendment (Hursh) Proposed Community Development Block Grant (CDBG) r eallocation to it's 2009, 2010 and 2011 Annual Action Plan. B. Resolution No. 4764 - 2012 Annual Action Plan* (Hursh) Proposed 2012 Community Development Block Grant (CD BG) Annual Action Plan. C. Resolution No. 4757 - Museum Services Contract* (Faber) Agreement between the City of Auburn and the White River Valley Historical Society. D. Resolution No. 4765 - Memorandum of Agreement and Option to Purchase Real Property with Ceradimm, LLC* (Snyder) Request for Committee action to move to full Counci l on November 7, 2011 a Memorandum of Agreement and Option to Purchase Real Property with Ceradimm, LLC. This Resolution will supersede Resol ution No. 4663 approved by the City Council on December 20, 2010 pertaining to the Master Development Agreement with Alpert International. E. Resolution No. 4766 - Exclusive Agency Listing Agreement with Jones Lang LaSalle* (Snyder) Request for Committee action to move to full City C ouncil on November 7, 2011 an Exclusive Listing agreement with Jones Lang La Sall e for commercial and residential brokerage services for specific City co ntrolled properties in Downtown Auburn. IV. DISCUSSION ITEMS A. Agreement to Exchange Real Property - Green River Community College* (Heineman) A Resolution of the City Council of the City of Aub urn, Washington, declaring certain City property as surplus, and authorizing t he Mayor and City Clerk to execute agreements between the City of Auburn and t he State of Washington for an exchange of property and for joint use and maint enance of property. B. Ordinance No. 6379* (Coleman) An Ordinance of the City Council of the City of Aub urn, Washington, amending Ordinance No. 6339, the 2011-2012 Biennial Budget O rdinance, as amended by Ordinance No. 6351, Ordinance No. 6352, Ordinance N o. 6362, Ordinance No. 6370 and Ordinance No. 6378, authorizing the City o f Auburn 2011-2012 Budget as set forth in Schedule "A" C. Downtown Parking Managment Study* (Chamberlain/Yao ) Review the Draft Downtown Urban Center Parking Supp ly and Demand Analysis Report. D. Resolution No. 4755* (Mund) A Resolution of the City Council of the City of Aub urn, Washington, Receiving a Petition for Vacation and Setting a Public Hearing to Consider the Vacation of 8th Street NE, West of A Street NE, within the City of Auburn, Washington E. Community Services Update (Hursh) Community Services Manager Michael Hursh will provi de an update of the Community Services Division work efforts. F. Cluster Subdivision* (Snyder) Continue discussion with Committee on potential act ive open space requirements for inclusion in proposed regulations. G. Director's Report (Snyder) H. PCDC Status Matrix* (Snyder) V. ADJOURNMENT 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 avai lable for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. AGENDA BILL APPROVAL FORM Agenda Subject: Hearing Examiner Annual Report Date: October 19, 2011 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:For information only.Background Summary:Reviewed by Council Committees:Planning And Community Development Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:AN.0 AUBURN * MORE THAN YOU IMAGINED AN.0 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes - October 10, 2011 Date: October 19, 2011 Department: Planning and Development Attachments: PCDC Draft Minutes 10/10/11 Budget Impact: $0 Administrative Recommendation:Background Summary:Reviewed by Council Committees:Planning And Community Development Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:CA.0 AUBURN * MORE THAN YOU IMAGINED CA.0 Planning and Community Development October 10, 2011 - 5:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Vice-Chair Nancy Backus called the meeting to order at 5:30 p.m. in Conference Room No. 2, located on the second floor of One Main Stre et building, One East Main Street, Auburn, Washington. A. Roll Call Vice-Chair Backus and Member Partridge were present . Chairman Norman was excused. Also present were Mayor Pete Lewis, Plann ing and Development Director Kevin Snyder, Economic Development Manager Doug Lein, Contract Economic Development Planner William Thomas, Princi pal Planner Jeff Dixon, Assistant City Attorney Steven Gross, City E ngineer Dennis Selle, and Planning & Development Secretary Tina Kriss. Members of the public in attendance included: Wayn e Osborne; Terry Daynsh of Dorsey & Whitney LLP, representing Robertson Proper ties Group (RPG); and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - September 26, 2011 (Snyder) Councilmember Partridge moved and Councilmember Backus seconded to Approve the September 26, 2011 minutes, as amended. Vice-Chair Backus suggested clarifying the location of the meeting as Conference Room No. 2, located on the second floor of the One Main Street building, One East Main Street, Auburn, Washington. Motion Carried Unanimously. 2-0. III. ACTION A. Resolution No. 4756 - Auburn Gateway Project - Draf t Development Page 1 of 5 CA.0 Agreement (Dixon) Councilmember Partridge moved and Councilmember Backus seconded to Approve Resolution No. 4756 to full City Council for review and approval. Planning & Development Director Kevin Snyder inform ed Committee Council’s consideration of the development agreement for Aubu rn Gateway proposed by Robertson Properties Group is a quasi-judicial acti on conducted in a open and transparent manner subject to the appearance of fai rness doctrine. If there are any conflict of interest or any ex parte communicat ion (conversations outside the normal public arena between members of City Council and interested parties including the applicant) those need to be divulged prior to any decision making. Any decisions must be based on specific criteria s pecified by Auburn City Code 14.21.010.B. Assistant City Attorney Steven Gross provided optio ns Committee may want to consider for making a future decision. He noted tha t staff can help craft the Findings of Fact and Conclusions of Law for the pac ket for full Council based on tonight’s presentation or wait until the public hea ring that is set for October 17, 2011 to have this conversation with the entire City Council. Vice-Chair Backus and Member Partridge stated they have no concerns in ha ving a public discussion. Principal Planner Jeff Dixon provided the staff rep ort. Mr. Dixon stated staff is asking for Committee action in the form of forwardi ng a recommendation on Resolution No. 4756 to full City Council. The devel opment agreement is scheduled for Public Hearing on October 17, 2011. M r. Dixon pointed out new documentation within the packet. Mr. Dixon describe d the history of Council committees’ discussion of the draft development agr eement. He advised that a summary of the Public Works Committee’s October 3, 2011 discussion is included in this meeting packet. Mr. Dixon also explained that the development agree ment and planned action ordinance were discussed at the October 10, 2011 Mu nicipal Services Committee. He indicated that there was not time to provide a written record from this meeting that occurred earlier in the day. Mr. Dixon therefore described key questions and answers from staff that were discusse d at the Municipal Services Committee meeting. Vice-Chair Backus requested staff to discuss the hi ghlights or importance of the materials in the packet and Committee will ask any relevant questions in response. Committee and staff discussed funding ga ps to Transportation/Utility/Infrastructure Improvements. Director Snyder stated the City recognizes there will likely be a funding gap betwe en the ultimate cost of these improvements and what RPG is legally responsible to contribute. RPG has a certain responsibility and this has been pointed ou t; the City will need to work together with developer in the future to address th ese funding gap issues and that Page 2 of 5 CA.0 there is no obligation or commitment of funding in the development agreement. Director Snyder pointed out to Committee the negoti ations for any funding gaps will be factually based on the environmental review documents and traffic analysis provided for this project. Principal Planner Dixon noted that an important poi nt is the proposed changes by the Public Works committee. He provided a one-page handout that highlighted the two changes requested by the Public Works Committee from their discussion held on October 3, 2011. Principal Planner Dixon stated in the interest of C ouncil having full information, on the record, a decision should be made on whether to share the information on the nature of changes and content of discussion at Publ ic Works Committee held October 3, 2011. Director Snyder stated the Committee can review the criteria for approval of the development agreement contained in the meeting pack et and provide its thoughts and ideas about compliance to all or a portion of t hese criteria. Director Snyder noted and Assistant City Attorney Gross confirmed t hat the Council is not required to find that all of the criteria have been met in o rder to approve the development agreement. Principal Planner Dixon noted that staf f has provided a summary of public benefits and compliance to the criteria begi nning on page 50 of 192. It was discussed that the Committee can determine i f they agree with the written comments provided by staff as provided in the packe t and if Committee concurs the comments can be used to draft the Findings of F act. Any additional thoughts, ideas, comments or language can be added to those s tatements to formulate the Findings if the Committee agrees. Vice-Chair Backus asked staff if there is any areas staff has responded to, in reference to the four decision-making criteria, tha t staff has concerns with or needs to be highlighted? Planning & Development Dir ector Snyder responded that there are no areas of concern. Director Snyder stated the DA is structured to ensu re and protect any current or future City Council from an obligation to expend an y City funds until a policy conversation takes place and the City Council appro ves a funding allocation. Vice-Chair Backus confirmed these will all continue to be City projects unless the developer voluntarily agrees to construct. Staff co ncurred and Director Snyder pointed out it would not mean the developer could n ot make a business decision to complete certain improvements of their own volit ion and seek a payback agreement as currently allowed for in City code. Vice-Chair Backus and Member Partridge requested st aff prepare the draft Findings of Fact and Conclusions of Law if recommen ded for approval to the full Page 3 of 5 CA.0 City Council. Motion Carried Unanimously. 2-0. B. Ordinance No. 6382 - Auburn Gateway Project - Draft Planned Ordinance (Dixon) Councilmember Partridge moved and Councilmember Backus seconded to Approve Ordinance No. 6382 – Auburn Gateway Project – Draft Planned Ordinance inclusive of the staff prop osed amendment. Principal Planner Dixon provided the staff briefing on Ordinance No. 6382. Ordinance No 6382 establishes a new section in the zoning code for the Auburn Gateway project and sets up the review and administ ration processes for subsequent permits and applications submitted to th e City. Mr. Dixon noted that a key advantage of the planned action ordinance for the applicant is the removal of the need to go through additional environmental review if future development applications are found to com ply with the planned action ordinance. Mr. Dixon presented a staff proposed modification t o the draft Ordinance; Director Snyder stated any motion to approve should include this recommendation by staff if the Committee is inclined to accept the amendmen t. Principal Planner Dixon stated that the amendment w ould add an additional chart under the Transportation Section of ACC 18.08.040. Vice-Chair Backus asked Member Partridge if he had any questions. Member Pa rtridge stated he had no questions or any issues with any of the documents s ubmitted. Director Snyder stated staff will be presenting the Draft Development Agreement, Resolution No. 4756, to full City Council Monday Oc tober 17, 2011 to conduct the appropriate public hearing. Resolution No. 4756 and Ordinance No 6382 will then be brought before full City Council for considerati on, likely at the City Council’s November 7, 2011 regular meeting. Director Snyder explained the Planning Commission w ill subsequently be working through changes to the North Auburn Special Area Pl an and be developing recommendations that staff will bring to Council as part of the 2011 Annual Comprehensive Plan updates. Director Snyder stated that it is expected the recommendations will be brought before Council for their meeting the first week in December, 2011. Motion Carried Unanimously. 2-0. IV. DISCUSSION ITEMS A. Director's Report (Snyder) Page 4 of 5 CA.0 Planning Director Snyder stated the Comprehensive D owntown Parking Management Plan inventory is complete except for th e on-street parking component. Staff has been working with Transportati on Planner Joe Welsh on the compilation of this data. Director Snyder advised t hat staff will present a report on its findings to the Committee at its October 24, 20 11 regular meeting. Director Snyder advised that staff is also continuing to wor k on the stakeholder’s position of the project and has met with the Mayor and deter mined stakeholders to be interviewed and the questions to be asked of these stakeholders as well as the questions for business and property owners and the general community. B. PCDC Status Matrix (Snyder) Committee and staff reviewed the matrix and address ed various upcoming agenda items. V. ADJOURNMENT There being no further business to come before the Planning & Community Development Committee, the meeting was adjourned at 6:15 p.m. Page 5 of 5 CA.0 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4763 - 2011 Annual Action Plan Amend ment Date: October 17, 2011 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:Planning and Community Development Committee to rev iew the preliminary draft of the amendment and recommended it be forwarded to Counci l for approval. Resolution No. 4763 Background Summary:The preparation of an annual action plan is require d by the U.S. Department of Housing and Urban Development (HUD) in order for the City t o receive federal funds under the Community Development Block Grant (CDBG) program. T he City operates under a Consolidated Plan that is currently in effect for 2 010-2014. The Action Plan outlines proposed expenditures to i mplement the goals of the City's Consolidated Plan. It identifies federal and local funds expected to be available, indicates the activities on which they will be spen t, and sets goals for the number and type of services expected to be provided. The City of Auburn anticipates approx. $60,000 of u nused CDBG funds will be available for projects that are consistent with federal regul ations and objectives and policies of the Auburn Consolidated Housing and Community Developme nt Plan. Planned projects include construction of Terry Home II ($50K) and re habilitation of a City-owned transitional house ($10K). The process of a substantial amendment process is r equired by the U.S. Department of Housing and Urban Development (HUD) in order for th e City to receive federal funds under the Community Development Block Grant-Recover y (CDBG-R) program. A public notice and a brief description about the a mendment to the 2009, 2010 & 2011 Annual Action Plans were published in The Seattle T imes and posted on the City's website. City Council will conduct a public hearing on the amendment on Nov. 7, 2011. The Planning and Community Development Committee an d the Finance committee are AUBURN * MORE THAN YOU IMAGINED ACT.A scheduled to review and discuss the draft. Reviewed by Council Committees:Finance, Planning And Community Development Other: Human Services Committee Councilmember:Norman Staff:Hursh Meeting Date:October 24, 2011 Item Number:ACT.A AUBURN * MORE THAN YOU IMAGINED ACT.A AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4764 - 2012 Annual Action Plan Date: October 19, 2011 Department: Administration Attachments: Draft 2012 Annual Action Plan Budget Impact: $0 Administrative Recommendation:Planning and Community Development Committee to rev iew the preliminary draft of the 2012 Annual Action Plan and recommended it be forwarded to Council for review and approval. Resolution No. 4764 Background Summary:The preparation of an annual action plan is require d by the U.S. Department of Housing and Urban Devel opment (HUD) in order for the City to receive federal fund s under the Community Development Block Grant (CDBG) program. The City operates under a Consolidated Pla n that is currently in effect for 2010-2014. The 2012 Annual Action Plan outlines proposed expen ditures to implement the City's efforts related to its CDBG projects. It identifies federal and local funds exp ected to be available, indicates the activities on which they will be spent, and sets goals for the number and type of se rvices expected to be provided. 2012 CDBG funding is expected to be approximately $400,000 for projects that are consistent with feder al regulations and the objectives and policies of the Auburn Consolidated Housing and Community Developme nt Plan. A public notice and a brief description about the 2 012 Annual Action Plans was published in The Seattl e Times and posted on the City's website. City Council will con duct a public hearing on the amendment on Nov. 7, 2 011. The Planning and Community Development Committee and th e Finance committee are scheduled to review and dis cuss the draft. Reviewed by Council Committees:Finance, Planning And Community Development Other: Human Services Committee Councilmember:Norman Staff:Hursh Meeting Date:October 24, 2011 Item Number:ACT.B AUBURN * MORE THAN YOU IMAGINED ACT.B Department of Administration & Community Services 25 West Main Street Auburn, Washington 98001 (253) 931 - 3041 2012 Annual Action Plan Update to the City of Auburn's Consolidated Plan for Housing and Community Development Fiscal Years 2011 – 2014 November 15, 2011 (IMPORTANT NOTE: Program description and dollar am ounts represented in this plan may change subject to the availability of funds and final approval by the Department of Housing and Urban Development.) ACT.B October 20, 2011 2 2012 Annual Action Plan EXECUTIVE SUMMARY Each year the City of Auburn executes specific actions to implement the goals and strategies of the Consolidated Plan for Years 2011 to 2014 . Actions that will be undertaken in 2012 are outlined in this “Annual Action Plan”. The City of Auburn anticipates the receipt of approximately $400,000 in Community Development Block Grant (CDBG) funds in 2012. Auburn's CDBG funds wi ll be combined with approximately $650,000 of General Funds to create a total Human Serv ices budget of approximately $1,050,000 in 2012. Human Services is responsible for prov iding and managing financial resource to more than 30 non-profit agencies that serve the Auburn community, administering the local housing repair program, and developing c ollaborations among community partners to strengthen the response to residents in need. The 2012 Action Plan proposes to allocate approximately $60,000 of CD BG funds to public services. Most of those funds ($52,500) will be used to provide dental and medical care to uninsured, low income Auburn residents and $7,500 for employment training. Approximately $80,000 of the CDBG funds will be allocated to program administration, which includes planning. The remaining $260,000 will be allocated to housing re pair ($150,000), economic development ($37,500), and support of enhancing youth outreach and gang preve ntion. The City of Auburn is committed to focusing more on achieving solutions to recurring social problems and achieve greater collaboration among service providers. The Department of Housing and Urban Development has worked to standardize the perfor mance measurements listed in the Consolidated Plan. The 2012 Action Plan combines the cha nges that both the City of Auburn and HUD have implemented. Overall the implementation of the 2011 Action Plan is progress ing as planned and most of the activities listed are underway. A more detailed report of 2011 a ctivities will be summarized in the Consolidated Annual Performance and Evaluation Report (CAPER ) that will be drafted and released for public review before the end of the first quarter of 2012. CITIZEN PARTICIPATION AND CONSULTATION The development of the Annual Action Plan involves both citizen participation and consultation with local service providers. Citizen participation in the p lanning process began at a joint meeting between the Auburn City Council and Human Services Comm ittee. At this meeting, Council and Committee members identified a series of community r esults that they would like to achieve through the appropriation of City funds. The City consults with local service providers primarily t hrough the solicitation of applications for Human Services grants. Grant applications prepared by se rvice providers furnishes the City information regarding the goals of the agency, target populati ons, proposed services, gaps in the delivery of services, linkages to poverty reduction strategie s and collaboration with other service providers. This information is reviewed by City staff and the Hum an Services Committee. The Human Services Committee's recommendations were incorporat ed into the 2012 Action Plan and presented to the City Council's Planning and Community Developm ent (PCD) Committee in ACT.B October 20, 2011 3 October 2011. A preliminary draft of the 2012 Action Plan was di stributed to all the grant applicants and local service providers. A public notice was issued and posted at City Hall, the Auburn Senior’s Center, and on the City of Auburn’s website on O ctober 7, 2012; this information was also published in The Seattle Times announcing that copies of the proposed 2012 Action Plan were available for public review. The City C ouncil will schedule a public hearing to gather testimony about the plan before it takes action to re view and adopt it. The following outlines the remaining steps regarding citizen participation a nd consultation for the 2012 Action Plan: October 7, 2011: Start of Public Review Process November 7, 2011: Public Hearing End of Public Review Process Council takes action to adopt the 2012 Annual Action Plan November 15, 2011: Deadline to submit the plan to HUD HOUSING AND COMMUNITY DEVELOPMENT RESOURCES 2012 CDBG ESTIMATED RESOURCES In 2011 the City of Auburn received $418,755 of CDBG funds. In 2012 the City e stimates that its CDBG funds will decrease slightly from last year’s CD BG entitlement. The 2012 Action Plan includes a contingency plan in the event that CDBG funds increase or decre ase. CDBG ESTIMATED RESOURCES $400,000 CDBG 2012 Entitlement (estimated) $400,000 Total Estimated CDBG Funds Available in 2012 ACT.B October 20, 2011 4 OTHER RESOURCES General Funds The City of Auburn allocates up to one percent (1%) of its ge neral fund expenditures to provide human services for Auburn residents through contracts with non-p rofit agencies. Assuming the City will continue to receive the same amount of general f und revenues, the estimated allocation from General Fund budget for human service grants is $550,000 in 2011. TOTAL RESOURCES Funding Source 2011 -- CDBG Funds $ 400,000 -- General Funds $ 650,000 Total Estimated Funds Available $ 1,050,000 CITY OF AUBURN FUNDING PRIORITIES The expressed goal of the City's Consolidated Plan is to reduce the number of people living in poverty with the City of Auburn. Toward this end, the City wil l give funding priority to programs that - in addition to complying with federal regulati ons and addressing a priority outlined in the Consolidated Plan - are consistent with the follow ing anti-poverty strategy for resource allocation. 1. Each project must satisfy one of the three following overriding goals : The project must help people move out of poverty. The project must prevent people from entering poverty. The project must address the basic needs of people living in pov erty. 2. In making funding decisions, the City will give priority to programs tha t: Support, complement or are consistent with other current City plans; Are sustainable over time; Have demonstrated cooperation and collaboration among government, private nonprofit agencies and the private sector to maximize impa cts and reduce administrative costs; Do not have a more appropriate source of funds. 3. The City will give priority to programs that provide serv ices addressing the basic needs of Auburn's most at-risk populations. A priority population for CDBG-funded services is individuals who are denied, by poverty and historical institutional practices, the opportunity to develop their full potential and to enjoy the ben efits of community participation. 4. CDBG funded services must be, to the fullest extent possible , appropriate and accessible to people who may face special barriers in accessing services. ACT.B October 20, 2011 5 5. The CDBG program was built on a premise of citizen partic ipation in the formation of policies, including funding decisions, which address neighborhood and community needs. The City will give priority to programs that promote communit y initiatives to identify priority needs and to address those needs. 6. The City will give priority to programs that build and suppor t the capacity of local organizations to address the needs of Auburn residents. 7. The City will give priority to programs that support econom ic development and promote access to quality jobs - positions that pay well enough to support an adequate standard of living, allow the purchase of housing and other basic necessiti es, offer stability and decent working conditions, and provide opportunities for advancement. 8. Funding priority will be given to agencies that provide direct servi ces to Auburn residents at locations within the city limits of Auburn. COMMUNITY RESULTS DESIRED BY THE CITY OF AUBURN The City of Auburn solicited proposals from local service pr oviders to achieve the following community results within the areas listed below. Population pe rformance indicators will be applied to assess the overall success of the effort and the va lue of ongoing support; these indicators will be utilized to determine the effectiveness of individual programs. Overall Result: One-Stop Center The City of Auburn will fund human service providers who partici pate in the design, development and operation of a One-Stop Center in Auburn and the efficient, collaborative and integrated delivery of services it offers. Agencies who a gree to participate in the design and development of a One-Stop Center in Auburn may apply for fundi ng to accomplish one or more of the following community results: Abused and Neglected Children: The City of Auburn will fund human service providers that increase supportive services to children who are neglec ted and abused, specifically the number of children who are victims of on-going and repeated negle ct and abuse, within the city of Auburn by 15% over the next three (3) years. Victims of Domestic and Sexual Assault : The City of Auburn will fund human service providers that increase the number of Auburn residents, who are victims of domestic violence, that make the transition to a safe environment and self-de termining lifestyle by 15% within the next three (3) years. Poverty Reduction : The City of Auburn will fund human service providers who increas e the number of Auburn residents no longer living in poverty by 15% within the next three (3) years. Substance Abuse : The City of Auburn will fund human service providers to develop strategies that increase the successful completion of tre atment programs by Auburn residents who have serious behavioral and health problems due to substance abuse and chemical dependency by 15% within a three (3) year period. Physically and Mentally Fit : The City of Auburn will fund human service providers that increase the availability, accessibility and use of health care to its low income residents by 15% within a three (3) year period. ACT.B October 20, 2011 6 2011 PROPOSED ACTIVITIES TO ACHIEVE RESULTS The City of Auburn requested proposals to achieve the foll owing national objectives and community results. Create a Suitable Living Environment: One-Stop Center: -- Create a suitable living environment for Auburn's low income residents and people with special needs by using its CDBG funds to make available fl oat loans and Section 108 Loan Guarantees to leverage the funds necessary to develop a C ommunity Center and future campus for the One-Stop Center which will provide for the collocation and integrated delivery of human services. Abused and Neglected Children: -- The City of Auburn proposes to allocate approximately $170,000 of i ts General Funds, to generate approximately 7,700 hours of services and 160 home visits that will benefit 1,657 Auburn adults and children, for the purpose of reducing chronic abus e and neglect of children. Victims of Domestic and Sexual Assault : -- The City of Auburn proposes to allocate $106,000 of its General Funds to provide 1,500 referrals for assistance, 160 bednights shelter, 700 hours of case management and 550 hours of therapy to approximately 600 victims of domestic violence and sexual assault. Physically and Mentally Fit: -- Create a suitable living environment by making health c are available to 78 or more low-income, uninsured Auburn residents by allocating $40,000 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- Create a suitable living environment by making dental ca re available to 70 or more low-income, uninsured Auburn residents by allocating $12,500 of CDBG funds to HealthPoint of King County for the operation of its clinic in Auburn. -- The City proposes to allocate an additional $45,000 of its Ge neral Funds for the purpose of creating access to health care to over 1,000 low-income Auburn resi dents and enabling over 3,200 visits to qualified health care providers. Poverty Reduction : -- The City of Auburn proposes to allocate $60,000 of its General Funds to provide nearly 12,000 Auburn residents emergency assistance such as food, financia l assistance, and clothing. -- The City of Auburn proposes to allocate $16,500 of its General Funds to provide over 60 Auburn senior citizens congregate meals and home-delivered mea ls and over 1,200 Auburn residents a weekly meal. -- The City of Auburn proposes to allocate $40,780 of its Gener al Funds to provide over 100 Auburn residents more than 3,900 bednights of emergency shelter and/or transitional housing. ACT.B October 20, 2011 7 Substance Abuse: -- The City of Auburn proposes to allocate $10,000 of its General Funds to support a program that provides integrated care to non-Medicaid clients who requir e both substance abuse treatment and mental health counseling. Provide Decent Housing: Maintain the affordability of decent housing for very low-inc ome Auburn residents by allocating $150,000 of CDBG funds to the City of Auburn's Housing Repair Program for the purpose of providing repairs necessary to maintain suitable housing for 50 Auburn homeowners, including 25 homeowners who are senior citizens and 5 homeowner s who lack safe access in or out of their homes due to physical disabilities or impairment. Expand Economic Opportunities: Create economic opportunities by providing the availability and access to counseling and training for approximately 40 Auburn residents who are either trying to sustain or create a small business and, collectively generate 25 or more jobs by allocating $37,500 of CDBG funds to the Green River Community College's Small Business Assistance Center. Create economic opportunities by providing the availability and access to train approximately 12 very-low income Auburn residents so that at least half of the m can find and sustain a job by allocating $7,500 of CDBG funds to the Multi-Service Center Employment Progr am. ACT.B October 20, 2011 8 DISTRIBUTION OF FUNDS CDBG Funds Proposed CDBG Disbursements 2012 Public Services -- Community Health Centers: Dental Care $12,500 -- Community Health Centers: Medical Care $40,000 -- Multi-Service Center Employment Program $7,500 subtotal: Public Services $60,000 Capital Funds -- Affordable Housing ….. City of Auburn Housing Repair Program $100,0 00 --Suitable Living Environment ….. Youth Outreach Center $100,000 -- Economic Development ….. GRCC Small Business Assistance Center $37,500 ….. Downtown Business Façade Program $22,500 subtotal: Capital Funds $292,500 Administration -- Program Management …. City of Auburn Community Services $80,000 Subtotal: Administration $80,000 Total CDBG Funds: $400,000 Source of CDBG Funds: 2012 -- 2011 Estimated Entitlement: $400,000 Total Estimated CDBG Funds $400,000 ACT.B October 20, 2011 9 Human Services (General Fund) 2012 Auburn Human Service Agencies: 2012 … ACAP: Childcare Subsidies 20,000 … Auburn Youth Resources 75,000 … Birth to Three Development Center 10,000 … CHS: Family Resource Center 20,000 … CHS: Strengthening Families Program 10,000 … Children's Therapy Center 10,000 … Communities In Schools 5,000 … Neighborhood House: Emergency Assist. 5,000 … Pediatric Interim Care Center 10,000 … Safe Havens Visitation Center 5,000 subtotal: 170,000 … Consejo 10,000 ... Crisis Clinic: 2-1-1 Line, 24 Hr., Teen Link 3 ,000 … DAWN 9,000 … KCSARC 22,500 … Jubilee Center: Latino Program 7,500 … SMH: Behavioral Responsibility 7,500 … VCCC: DV Survivor Support/Therapy 12,000 … YWCA: Children DV Services 5,000 … YWCA: DV Services 20,000 subtotal: 96,500 … Auburn Respite 5,000 … Christ Community Free Clinic 20,000 … Senior Services Vol. Transportation 5,000 … SKC: Mobile Medical Program 10,000 … VCCC: COD Treatment 10,000 subtotal: 50,000 ACT.B October 20, 2011 10 Human Services (General Fund) 2012 (Continued) Auburn Human Service Agencies: 2012 … AFB: Emergency Food 35,000 … AFB: Community Suppers 5,000 … Auburn Senior Center: Meals Program 4,500 … CCS: CHORE Program 3,000 … CCS: HOME/ARISE 15,000 … CCS: Rita’s House 5,000 … SS: Meals on Wheels 7,000 … MSC: Emer & Transitional Housing 8,000 … New Connections 5,000 … Pregnancy Aid 5,000 … St. Vincent de Paul: Emergency Assist. 10,000 … South King Council of Human Services 5,000 … South Sound Dream Center 2,000 … Ukranian Comm. Center 7,500 … WWEE: REACH 8,000 … YWCA: Emergency Housing 4,000 … YWCA: Transitional Housing 14,000 subtotal: 143,000 Total General Fund Human Services $459,500 Contingency Plans for Changes in Funding Total appropriations may not exceed actual revenues and no liabi lity is to be incurred in excess of appropriations. In the event that actual revenues are differe nt than the revenues estimated by the CDBG budget, the following actions shall be taken: (a) CDBG Public Service Programs : In the event the City receives a lesser amount of CDBG funding than budgeted for public services, then the reduction will be made as follows: 1. Reduce or eliminate the appropriation to the Multi-Service Center's Employment Program by $7,500 or the amount of the funding reduction, which ever amount i s less. 2. Reduce the appropriation to HealthPoint by $52,500 or the remaining balance of the reduction, which ever amount is less. ACT.B October 20, 2011 11 (b) CDBG Capital-Funds Programs: In the event of a reduction in CDBG capital funds, the amount of reduction will be prorated evenly among the funded project. (c) Unspent CDBG Capital Grants : The funds appropriated to subrecipients for capital improvements must be expended within the term of the subrecip ient’s CDBG grant agreement. CDBG funds appropriated for capital improvements will be considered abandoned, and the funds will be re-appropriated, if any of the following condit ions exist: (a) The term of the grant agreement expires and the subrec ipient fails to request an extension in accordance with the terms of the agreement. (b) The subrecipient fails to submit a request for reimbur sement or fails to submit an activity report during the program year. (c) The subrecipient fails to make the project “bid ready ” within the first year after the appropriation. “Bid ready” means that, at a minimum, the bi d specifications are drafted and the subrecipient is ready to solicit bids. (d) General Fund Public Services : 1. Reduction of General Fund Revenues: In the event of a reduction in the general fund appropriation for human services, the reductions will be ap plied in the following order: (a) Communities In Schools: the lesser of $5,000 or the amount of the reduction. (b) St. Matthew's Jubilee Center's Latino Program: the l esser of $7,500 or the remaining amount of the reduction. (c) CHORE Program: the lesser of $3,000 or the remaining amount of the reduction. (d) If the above reductions remain less than the total amount o f the general fund reduction, then the remaining amount of the reduction will be applied evenly by a prorated amount among the remaining appropriations. 2. Increase in Funding: In the event of an increase in funding, t hen previous reductions in appropriated amounts, if any, will be restored to the amounts re commended for 2012 in the reverse order in which the above reductions were m ade. If funds remain after all reductions have been restored, then the remaini ng funds will be distributed according to the allocation recommended by the Planning and Community Development Committee and approved by the City Council. FAIR HOUSING The City of Auburn continues to monitor compliance with the Fair Housing Ac t. Complaints are referred to the Washington State Human Rights Commission for resolutio n. In 2006, the City completed an Analysis of Impediments to Fair Housing Choice (AI) as requi red for CDBG entitlement communities. The Fair Housing Consultant identified three i mpediments and made three recommendations. The recommendations were: • Expand current education and outreach efforts; ACT.B October 20, 2011 12 • Continue ongoing enforcement activities; and • Target homeownership and lending marketing to minority households. The City has implemented and continues to expand these recommendations. Infor mation about Fair Housing will be put on the City of Auburn's website and made avai lable at City Hall. The information will include links pertaining to where residents can file a complaint in the event of alleged discrimination. Information will be available in English and Spa nish. Summary data regarding the number of fair housing complaints filed against landlords a nd realtors in Auburn will be reported in the CAPER. PUBLIC HOUSING The City of Auburn continues to support public housing communities located within its city limits. Many of the residents who receive the services p rovided by the City's human service grants live in public housing communities. Two grant recipien ts are located within public housing communities. In addition, the City of Auburn's Housing Repair program serves approximately 10 – 12 residents per year who live at Tall Cedar s Mobile Home Park, which is owned by the King County Housing Authority. Home repairs include fur naces, hot water tanks, wheelchair ramps and other repairs necessary to keep the home habitable. The following summarizes the grants provided to specific public housing communitie s: Agency/Program Public Housing Community Amount Auburn Food Bank Burndale $40,000 Housing Repairs Tall Cedars Mobile Home Park $50,00 0 Total: Public Housing Community Programs $90,000 CHRONIC HOMELESSNESS The City of Auburn will continue to provide funding to regional and l ocal agencies that provide assistance to homeless families. In 2012 the City will strive to maintain a continuum of care for homeless families that includes emergency assistance, emerg ency shelters, severe weather shelter and transitional housing. In addition, the City provides funds for the provision of medical care, childcare and employment training to help prevent people from becoming homeless. The City of Auburn plans to allocate $49,780 of its General Funds to provide m ore than 4,000 bednights of emergency shelter and/or transitional housing to approximately 120 A uburn residents. The following summarizes the grants awarded with the intent to reduce chroni c homelessness: ACT.B October 20, 2011 13 Agency / Program Award Residents Services Provided DAWN Confidential Shelter $9,000 15 160 bednights Multi-Service Center $8,000 29 870 bednights HOME/ARISE Emergency Shelter $15,000 30 1,650 bedni ghts YWCA Emergency & Transitional Housing $17,780 46 1,400 bednights Total: $49,780 120 4,080 bednights GEOGRAPHIC DISTRIBUTION CDBG funds spent on neighborhood revitalization and housing repairs for targeted neighborhoods will occur primarily within the Census Tract 306 a nd Census Tract 307. According to the Census Bureau, these two census tracts are p redominantly low income with median household incomes less than 80% of the King County median household income. Public services funded with CDBG funds and housing repairs in non-targeted ne ighborhoods will be offered to low income or limited clientele residents citywide. LEAD-BASED PAINT HAZARDS The City of Auburn will continue to implement U.S. Department o f Housing and Urban Development (HUD) regulations to protect young children from lead-based paint hazards in housing that is financially assisted by the federal government. The requirements apply only to housing built before 1978, the year lead-based paint was banned nati onwide for consumer use. The following table summarizes actions required by these regulation s. Amount of Grant <$5,000 $5,000-$25,000 > $25,000 General Approach Do No Harm Identify and control lead hazards Identify and abate lead hazards Notification Pamphlet Pamphlet & Notice of Assessment Pamphlet & Notice of Hazard Reduction Evaluation Visual Paint Testing Risk Assessment Reduction Strategy Repair surfaces disturbed during rehab work Interim Controls Abatement and Interim Controls BARRIERS TO AFFORDABLE HOUSING The City of Auburn will continue to look at policies that remove barriers to affordable housing. The City of Auburn's Comprehensive Land Use includes several policies and objectives that will guide the City toward achieving its affordable and fair hous ing goals. These policies include maintaining flexibility in land use to achieve a balanced m ix of affordable housing opportunities. The City will continue to pursue mixed use developments that a re consistent with the transportation oriented developments located in Auburn's downtown. The City will look for opportunities with public and private agencies to implement policies and offer programs that help ACT.B October 20, 2011 14 alleviate physical and economic distress, conserve energy res ources, improve the quality and quantity of community services, and eliminate conditions that are detrimental to health, safety and public welfare. LOW-MODERATE INCOME BENEFITS Over the past three years approximately 90% of the clients s erved by programs funded with CDBG funds earned low to moderate incomes. The beneficiaries of p rograms funded in 2012 with CDBG funds are not expected to deviate from these past t rends. The City of Auburn will continue to distribute its funds for human services based on priori ty needs identified for people with low-to-moderate incomes with a particular emphasis on peopl e who live in poverty. POLICIES AND CERTIFICATIONS Agencies applying for CDBG funds are required to respond to genera l and program specific polices in their applications. All projects are evaluated to deter mine if they are: 1. Eligible relative to federal guidelines; 2. Consistent with the program objectives and strategies; 3. Consistent with local, state and federal regulations; 4. Feasible within contract and timeline guidelines; and 5. Capable of developing and measuring outcomes. These policies include, among others: • Consistency with local codes and policies; • Restrictions on the change of use of property and buildings which we re acquired or improved with CDBG funds; • Minimization of displacement and the provision of relocation assista nce; • Adherence to federal wage rates; • Compliance with federal audit requirements; and • Adherence to and enforcement of lead-based paint abatement reg ulations, fair housing laws and affirmative action. DOCUMENTATION AND ON-SITE MONITORING Detailed records are maintained and reviewed to determine and assure ag ency compliance with its contract and other applicable regulations. Deficiencies in reco rd keeping are documented and technical assistance to correct noted deficiencies is pr ovided. The failure to comply with contractual requirements and regulations could result in remedia l actions and/or the termination of funding. ACT.B October 20, 2011 15 FISCAL AUDITS The City conducts an internal audit to ensure that its records a re complete and agencies are complying with applicable rules and regulations. In addition, the C ity’s records are subject to an independent annual audit by the State Auditor. Both the City's i nternal audit and the State Auditor test to determine the City’s compliance with the followi ng CDBG requirements: Political Activity; Davis-Bacon and Related Acts; Civil rights; Cash Management; Federal Financial Reports; Allowable Costs & Cost Principles; Drug-Free Workplace Act; and Various administrative requirements. MORE INFORMATION For more information and/or to get on the City's mailing list for Consoli dated Plan updates and grant applications, please contact: Michael Hursh, Community Services Manager Department of Administration 25 West Main Street, Auburn, WA 98001 Phone: (253) 804-5029 Email: mhursh@auburnwa.gov ACT.B AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4757 - Museum Services Contract Date: October 11, 2011 Department: Parks/Art and Recreation Attachments: White River Valley Historical Society By Laws Museum Services Agreement Farm Lease Extension Res 4172 Master Site Plan - Mary Olson Farm Parks Property Museum Lease Resolution 4757 Budget Impact: $0 Administrative Recommendation:To further the benefit to the citizens of Auburn an d the region, it is recommended that the Agreement between the City of Auburn and the Wh ite River Valley Historical Society be extended for another ten years.Background Summary:The City of Auburn and the White River Valley Histo rical Society have been in partnership since 1992 managing the White River Val ley Museum. This relationship has been formalized through a Museum Services Agreement which has been renewed multiple times, now expiring November 27, 2011. We ask to extend this Agreement for another ten years (2021) and for it to include lang uage which outlines the management of the Mary Olson Farm. Reviewed by Council Committees:Municipal Services, Planning And Community Developm ent Councilmember:Norman Staff:Faber Meeting Date:October 24, 2011 Item Number:ACT.C AUBURN * MORE THAN YOU IMAGINED ACT.C As revised 12/31/2009 White River Valley Historical Society By-laws PURPOSE AND MISSION STATEMENT The purpose of the White River Valley Historical So ciety, a 501(c) (3) not-for-profit-corporation, is to provide public education primari ly through activities at the White River Valley Museum and Olson Farm. Public education is provided through the collection, preservation, research, interpretation and exhibiti on of artifacts, documents, and photographs relevant to the history of the White Ri ver Valley region. Events and objects of state, national and international history if associated and relevant to the history of the White River Valley are also appropri ate for public education. The geographic region defined as the service area of th e Historical Society is as follows: to the north, Orillia Road; to the west, Military Road ; to the south, the northern boarder of the Pierce County line or the southern boundary of the City of Auburn as it extends into Pierce County; to the southeast, 400 th Road or Wabash Road; and to the east, Lake Holm Road the Soos Creek Water Shed, and the Upper Green River Valley to Flaming Geyser park. I. SOCIETY MEMBERSHIP A. MEMBERSHIP. Upon receipt of dues any person may be enrolled as a member of the Society who is interested in the hist ory of the area known by pioneers as the White River Valley, of south King C ounty, Washington. B. DUES AND FEES. The schedule for all annual dues and other fees will be set or modified by the Board. C. NONDISCRIMINATION. No person shall be discrimin ated against for Society membership on the basis of race, color, rel igion, sex, age or national origin. II. GOVERNMENT A. GENERAL POWERS. The affairs of the Society shal l be managed by its board of directors, (Board). B. NUMBER. The total Board size is seventeen (17) members. The Board shall consist of nine (9) Society members elected b y the general membership of the Society, and eight (8) Society members appointe d by the City of Auburn. C. TERMS AND TENURE. The regular term for Board me mbers shall be three years. Society Board members shall be electe d at the Annual Meeting; City of Auburn Board members shall also be appointed at that time. A Board member may not hold such office for more than two consecut ive terms, but after one year out of office may be re-elected to the Board. ACT.C As revised 12/31/2009 D. VACANCIES. Any vacancy occurring in the Board o r any directorship to be filled by reason of an increase in the number of directors shall be filled by the Board. A director elected to fill a vacancy shall be elected for the unexpired term of the director’s predecessor in office. E. OFFICERS. The officers of the Board will consis t of a President, Vice President, Secretary, and Treasurer. F. ELECTION AND TERM OF OFFICE. Directly after the Annual meeting, Officers shall be elected by the Board from amongst the current Board members. Officers shall hold office for one year or for two, one year terms or until their successor is elected. A Board member may return to office after one year out of office. In case of a vacancy arising in any office , it may be filled for the un-expired term by appointment of the Board. G. BOARD MEMBERS EMERITI. Board Members Emeriti sh all be appointed by the Board to honor their years of serv ice, senior status, and skills as advisors. Board Members Emeriti are invited to all Board meetings but are not required to attend and are not allowed to vote. Th eir opinions may be voiced and considered during Board meetings. H. CONFLICT OF INTEREST. Any possible conflict of interest on the part of a director shall be disclosed to the Board. When a ny such interest becomes a matter of Board Action, such director shall not vot e or use personal influence on the matter. The director may, however, briefly sta te a position on the matter, and answer pertinent questions of Board members. The m inutes of all actions taken on such matters shall clearly reflect that these re quirements have been met. I. COMPENSATION. Directors shall not receive any salaries for their services, but by resolution of the Board, expenses of attendance may be allowed for each regular or special meeting. J. ANNUAL AUDIT. The WRVHS shall obtain an annual audited financial statement prepared by an independent Certified Publ ic Accountant. In lieu of an annual audited financial statement, the President s hall appoint a three (3) member Audit Committee form the Board of Director’s in Nov ember of each year. The committee shall audit the books of record and provi de a written report to the Finance Committee and the Board of Director’s withi n thirty- (30) days from completion of the audit. III. DUTIES OF OFFICERS A. PRESIDENT. The President shall be the principal executive officer of the Society. The President shall preside at all meetin gs of the Society; appoint the chairpersons of all committees with the assistance of the Board; keep in touch with these committees to see that their duties are carried out promptly, correctly, and in proper coordination with each other; meet re gularly with the Museum Director to assure that day to day management follo ws the Board’s plans; and make and carry out plans for the growth and progres s of the Society. ACT.C As revised 12/31/2009 B. VICE PRESIDENT. The Vice President shall assist the President in the discharge of the President’s duties as the Presiden t may direct, and shall perform such other duties as may be assigned by the Preside nt or Board. The Vice President shall assume the duties of the President in case he/she is absent. C. SECRETARY. The Secretary shall be responsible f or the minutes of all Board meetings; shall record attendance; issue noti ces in accordance with the bylaws or as required by law; and assure that meeti ngs comply with the State of Washington Open Meeting Law. In the absence of the Secretary, the President can appoint a person to act as Secretary for that m eeting. The Secretary will review the bylaws for currency on a biannual basis. D. TREASURER. The Treasurer shall be the principal accounting and financial officer of the Society and shall serve as chairperson of the Finance Committee; and perform all duties incident to the o ffice of treasurer and such other duties as may be assigned by the Board Presid ent. The Treasurer and the Finance Committee shall provide monthly reports of financial status to the Board for their approval. E. ATTENDANCE. Officers and Board members who are unexcused from more than three consecutive meetings of the Board, or who fail to carry out their duties promptly and efficiently, may be removed by a majority vote of the Board, and shall be notified by the President. F. SUCCESSION. At close of his/her term of office, each officer shall turn over all records of office to his or her successor. IV. EMPLOYED STAFF A. MUSEUM DIRECTOR. As set forth in the Museum Ser vices Agreement, the City of Auburn shall employ a Museum Director w ho shall be the chief operational officer of the Society. Subject to the Board, the Museum Director shall have general direction over the operations of the S ociety; shall implement all policies of the Board; shall submit to the Board or its committees such reports as the Board may require; shall assist in the preparat ion of an annual budget for presentation to and adoption by the Board; shall as sure that personnel policies in the museum mirror those of the City of Auburn; prov ide staff support to the Board; and shall perform such other functions as the Board may direct. The Museum Director (or his/her designee) shall attend all mee tings of the Board and its committees without vote. The Museum Director shall report directly to the City of Auburn Director of Park, Arts, and Recreation. B. EMPLOYEES OF THE CITY. As set forth in the Muse um Service Agreement the City of Auburn shall employ personnel in addition to the Museum Director as needed to staff the Museum. The City s taff employed at the museum shall report directly to, and are accountable to th e Museum Director or his/her designates. ACT.C As revised 12/31/2009 C. EMPLOYEES OF THE SOCIETY. Such employed staff a s may be necessary to support the organization shall be hire d and discharged by the Museum Director and paid by the Society. The employ ed staff shall report directly to, and are accountable to the Museum Director or h is/her designates. The employees of the Society shall be managed following personnel policies that as closely as is practically possible mirror those of the City of Auburn. V. MEETINGS A. PROCEDURE. Robert’s Rules of Order, current e dition, shall govern all matters of procedure not covered in these bylaws. B. ANNUAL MEETING. An Annual Meeting shall be held each December during which new Board members are elected. Office rs will be selected by the Board directly following the Annual Meeting. C. BOARD MEETINGS. The Board of Directors shall me et at least bimonthly. The Board shall hold meetings as needed , upon call of the President or of the Secretary, or any three members of the Bo ard. D. QUORUM. Those present or by proxy at an Annual or other membership meeting shall constitute a quorum. Five board memb ers including the presiding officer, secretary or clerk designee and board memb ers is considered a quorum for board meetings. E. OPEN MEETINGS. All Board and Annual Meetings will comply with the State of Washington Open Meeting Law. F. CLOSED MEETINGS. Closed meetings may be held to consider matters relating to individual employees, proprietary infor mation, litigation, and other matters requiring the confidential advice of counse l, commercial or financial information obtained from a person on a confidentia l basis, or the purchase of property or services whenever the premature exposur e of such purchase would compromise the business interest of the Society. G. VOTING PROCEDURE. Each Member of the Society sh all at every Annual Meeting be entitled to one vote per issue. Each Member of the Board shall at every Board meeting be entitled to one vot e per issue. All votes may be given in person or by proxy. Proxy votes may be ma de in writing to be presented as such time as the in-person votes are being count ed. Key matters will be decided by vote that may be taken by voice, show of hands, or by ballot. VI. COMMITTEES A. STANDING COMMITTEES. Standing committees of the Board may include Collections, Nomination, Finance, Public Re lations, and such other committees as deemed necessary by the Board. At le ast one Board member ACT.C As revised 12/31/2009 shall be appointed to each committee, and one emplo yee of the Museum shall staff each committee. B. TASK FORCES. Short-term assignments may be give n to a group appointed by the President. These Task Forces shal l be assigned a specific project, with a completion date. VII. NOMINATING COMMITTEE. A. The Society President shall appoint a Nominating Committee of no less than three persons to make recommendations to fill the upcoming year Board vacancies. B. The slate shall be announced at the November Boa rd meeting. VIII. ARTIFACT COLLECTIONS A. ARTIFACT DONATION. People may donate historical materials to the White River Valley Museum for which a receipt shall be issued. All gifts are made without restrictions, per the museum’s Deed of Gift Policy. B. COLLECTIONS POLICIES. The artifact collection w ill be managed by strict adherence to the Society’s Collection Policy and the Society’s Native American Collections Policy. C. ARTIFACT LOAN. Artifacts may be loaned or borro wed for display with other museums. Loans shall be managed in strict co mpliance to the museum’s Collections Policy. IX. INDEMNIFICATION OF BOARD MEMBERS AND OFFICERS A. BOARD AND OFFICERS LIABILITY INSURANCE. The Soc iety will indemnify to at least one million dollars, each Boa rd member and Officer, holding harmless from claims assessed against said Board me mber or Officer because of his or her role as Board member or Officer, except where such expenses, costs, and attorney’s fees are proven to have been incurre d through that Board Member’s or Officer’s malfeasance. X. MANNER OF WRITTEN NOTICE A. Any notice in writing required by law or by thes e by-laws to be given to any person may be delivered personally, by email, o r may be given by depositing the same in the post office or letter box in a post paid envelope addressed to such person at such address as appears on the books of t he Society. Notice my mail or email shall be deemed to be given at the time wh en the same shall be mailed. XI. MISCELLANEOUS A. CONTRACTS. The Board may authorize any office r or agent of the Society, in addition to the officers authorized by the bylaws, to enter into any contract or execute and deliver any instrument in t he name of, and on behalf of, the Society. Such authority may be general or con fined to specific instances. ACT.C As revised 12/31/2009 B. CHECKS, DRAFTS, ETC. All orders for the payme nt of money, or evidences of indebtedness issued in the name of the Society, shall be signed by such Society officers or agents as the Board shall determine. In the absence of such a determination, such instruments shall be sig ned by the treasurer or bookkeeper and countersigned by the Director or oth er Board member. C. DEPOSITS. All Society funds shall be deposite d to the credit of the Society in such banks, or other depositaries as the Board may select. D. GIFTS. The Board may accept on behalf of the Society any contribution, gift, bequest or devise for the general, or for any special Society purpose. E. RECORDS. The Society shall keep, at the museu m office complete books of account, minutes of the proceedings of dir ectors and committees having any authority of the Board, and a record with the n ames and addresses of directors. All Society records may be inspected by any director, or the director’s agent or attorney for any proper purpose at any rea sonable time. F. FISCAL YEAR. The fiscal year of the Society sh all end on December 31 of each year. XII. AMENDMENTS A. BYLAW AMENDMENT PROCEDURE. The Secretary shall review the bylaws on a biannual basis. Amendments to these by laws may be proposed in writing, and filed with the Secretary at any Board Meeting. The proposed amendments shall be read by the Secretary and may b e discussed. No action may be taken on such amendment until the next follo wing Board Meeting, due notice thereof being given to all members at least two weeks prior to such meeting. Or, the proposed amendments may be mailed to Board Members for their review before a Board Meeting at which time s ubsequent discussion and action shall be taken on that amendment. An amendm ent shall be adopted by a favorable vote of two-thirds of the members present . B. SUBMITTAL TO CITY OF AUBURN. Any proposed changed to Society bylaws, policies or procedures which conflict with the terms of the Museum Services Agreement with the City of Auburn must be submitted to the City of Auburn in writing for review and must be adopted by mutual consent of the Society and City. Revised and Dated: 12/31/2009 By Board Approval ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 1 of 10 MUSEUM SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ___ d ay of November _________, 2001 2011 by and between the CITY OF AUBURN, WASHINGTON, a m unicipal corporation of the State of Washington herein referred to as “CITY ”, and the WHITE RIVER VALLEY HISTORICAL SOCIETY, a Washington non-profit corpora tion, herein referred to as “SOCIETY”. WHEREAS, the SOCIETY has done an excellent job in the past to collect, preserve, exhibit, and interpret the history and prehistory o f the White River Valley and vicinity; and WHEREAS, the CITY recognizes that the SOCIETY’S Wh ite River Valley Historical Museum, herein referred to as “Museum”, is a major asset to the citizens of Auburn and the Valley-at-large; and WHEREAS, the CITY owns the historic Mary Olson Far m, the built environment of which is leased by the SOCIETY for purposes of accurate a nd economic restoration; and the SOCIETY desire to work together to continue and exp and the viability and services of the Museum including providing research, and technical support for other CITY departments on sites of historical interest; and WHEREAS, the CITY recognizes the value of restorat ion and development of the Mary Olson Farm funded largely through donations managed by the SOCIETY, developing this site as a major asset to the citizens of Auburn and the region; and WHEREAS, the Museum building located in Les Gove P ark, 918 “H” Street S.E., Auburn, Washington, and all artifacts, archives, ot her historic materials, fixtures, exhibition materials, furniture, equipment, and other personal property therein are the sole property of the SOCIETY; except the supplies, furniture, and equipm ent purchased by the CITY, which shall remain the sole property of the CITY; and ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 2 of 10 WHEREAS, the land upon which the Museum building i s situated is the sole property of the CITY and this Agreement does not nullify any pr evious agreements between CITY and SOCIETY; and WHEREAS, CITY employees in the person of the Museu m Director and other museum CITY and SOCIETY staff members are assigned to develop and manage M ary Olson Farm programs to benefit the citizens of Auburn; and WHEREAS, the city did purchase the 60 acre MARY OLSON FARM property with the intention of preserving its natural and historical significance; and WHEREAS pursuant to the 2000 MASTER SITE PLAN atta ched hereto as Exhibit “1” the CITY and the SOCIETY plan to continue to restor e and rehabilitate the property for public access and education, NOW THEREFORE, THE CITY AND THE SOCIETY IN CONSIDE RATION OF THE CONDITIONS AND COVENANTS HEREIN DO AGREE AS FOLLOWS : Article 1. Governance. 1.1 Governing Body of the Museum. The Governing Body of the Museum is the Board of Di rectors of the SOCIETY. All members of the Board of Directors shall be members of the SOCIETY and shall, uphold the public trust placed in them and, as provided in the mission and goals statement of the SOCIETY, take upon themselves all the duties an d responsibilities which are required under the bylaws, policies, and agreements approved by the SOCIETY. 1.2 Number of Board of Directors. The number of Directors serving on the Board shall be no more than seventeen (17). 1.3 Selection of Members. A. Nine (9) members shall be elected by the General Membership of the SOCIETY in accordance with the SOCIETY bylaws. ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 3 of 10 B. Eight (8) members shall be appointed by the Mayo r of the CITY with the approval of the Auburn City Council. C. Members Emeriti shall may be appointed by the SOCIETY to honor their years o f service and role in the community. Members Emeriti are non-voting members of the Board. Appointments and term will to be determined by the Board. Article 2. Responsibilities of the SOCIETY The SOCIETY with the assistance of the Museum Dire ctor shall be responsible for the following: A. Adopt or modify policies regulating activities s pecific to Museum operations, the management and use of collections, the use of facil ities, and other functions as it deems necessary or appropriate, modeling all polici es as closely as possible to those of the CITY. B. Develop long-term plans for the Museum which sha ll include development of revenue sources, articulation of capital improvemen ts programs , collections needs , use of facilities, fees for Museum services, and marketing strategies . C. Develop and implement programs for visitor servi ces, collection caretakers, and other Museum volunteers including many citizens of Auburn. D. Prepare and submit to the CITY a long-range plan outlining the operations, goals and objectives for the future. E. This Article does not prohibit the SOCIETY from carrying on other activities authorized by the SOCIETY’S charter, bylaws, or mis sion statement. F. Prepare and present an annual status report for the Mayor and City Council reviewing accomplishments and outlining the upcoming year goals and objectives. Article 3. Responsibilities of the CITY. ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 4 of 10 The CITY shall be responsible for the following: A. Provide a Museum Director and other appropriate staff to further the mission and goals of the SOCIETY as set forth in the Bylaws of the SOCIETY provided that Auburn citizens clearly benefit from this service. B. Provide the following in-kind services to the Mu seum providing that Auburn citizens clearly benefit from this service: 1. Printing and mailing of newsletter and other bud geted brochures for programs, exhibits, or projects which further the m ission and goals of the SOCIETY as related to the Museum. 2. Maintenance and supplies for the exterior ground s of the Museum building. When expertise and time is available CIT Y personnel will be available to assist with exhibit installation, buil ding repairs and other related tasks. 3. Administrative and clerical support to assist th e Museum Director with his/her responsibilities in serving the general mis sion of the SOCIETY as directly related to the Museum. Article 4. Mary Olson Farm A. The CITY owns the Mary Olson Farm (hereinafter the “farm” when to be distinguished from the Museum [Museum and Farm] ) a nd manages it as a CITY park. The CITY thus provides oversight for the caretakers , holds title to the caretaker’s mobile, and provides for its routine outdoor maintenance. B. The CITY is responsible for all Farm utilitie s, security monitoring and insurance coverage (for events, programs and day to day open hours) as with other parks in the CITY system. ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 5 of 10 C. CITY employees will develop programs and events for the Farm in coordination with the SOCIETY staff members, board and volunteer s. D. The SOCIETY is responsible for costs of progra ms and events at the Farm as well as collection of all associated revenues. Any revenue realized by said events will be retained by the SOCIETY for future improvements and e vents at the Farm and Museum which benefit the citizens of Auburn. Article 5. Staffing. 4 5 .1 Museum Director The Museum Director shall be employed by and compen sated by the CITY and shall receive all normal CITY benefits. The Museum Direc tor’s performance in regard to the administration of the Museum shall be reviewed annu ally in compliance with regular CITY Human Resources procedures. Prior to the revi ew, the M useum Director’s supervisor may meet with the President of the Board of Directors for a confidential evaluation of his/her performance . 4 . 5 .2 Staff Reporting and Policies. A. All additional staff at the Museum, whether the position is funded by the CITY or the SOCIETY privately through grants or other sources , will report directly to the Museum Director and be subject to Museum policies a dopted by the SOCIETY. B. All volunteers at the Museum will report directl y to the Museum Director or staff assigned by the Director. C. The Museum Director and all additional staff hir ed by the CITY shall be subject to all Human Resource policies and procedures of CITY employees as well as museum professional policies adopted by the SOCIETY . Article 5 6 . Building, Land and Collection Ownership ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 6 of 10 This Agreement does not affect the SOCIETY ownershi p of the Museum building (918 H Street SE) nor of the artifacts, archives, other historic mat erials, fixtures, exhibition materials, furniture, equipment, and other personal property within the Museum building; provided that, the CITY retains ownership of the su pplies, equipment and furniture purchased by the CITY. The CITY leases to the SOCI ETY a tract of land pursuant to a ninety-nine (99) year lease entered into August 20, 1971. A copy of the lease is attached hereto as Exhibit “2” and is incorporated herein by this reference. This Agreement does not affect the SOCIETY’S Lease (20 year) of the built environment of the Mary Olson Farm (28728 Green River Road) for purposes of economical and accurate restoration and development. A copy of the lease is attached hereto as Exhibit “3” and is incorporated herein by this reference. Article 6 7. Finances. A. The SOCIETY will develop an annual operating and capital improvements budget for the Museum and the Farm. B. The SOCIETY may develop grants and promote donat ions to the Museum for the operating budget, endowment, designated capital imp rovements at the Museum or Farm , and the Museum’s permanent collection. C. The SOCIETY shall keep accurate financial books and records in compliance with all accepted accounting standards. The SOCIETY shall prudently manage all gifts made to the SOCIETY, and expend contribut ions exclusively for the benefit intended. D. All financial records of the SOCIETY shall be su bject to examination by the CITY at any reasonable time upon written request. E. The CITY through the Museum Director will annual ly coordinate with the SOCIETY Board to develop an operating budget for th e Museum to determine ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 7 of 10 the needs for the upcoming year. The CITY may cons ider funding special projects, programs, capital equipment, capital proj ects, personnel, or exhibits to take place at the Museum, which clearly demonstrate a benefit to the CITY. The CITY will consider allocations to the Museum as out lined in Article 3 as part of the normal annual CITY budget process. Article 7 8. Duration of Agreement. 7 8 .1 Duration. This Agreement shall be in effect for ten (10) year s from the date this Agreement is signed by the Mayor of the City of Auburn. 7 8 .2. Renewal. This Agreement may be renewed for an additional ten (10) years upon written request by the SOCIETY and approval by the CITY at least two m onths prior to the expiration of this agreement as set forth in article 7 8 .1. 7 8 .3. Amendment. This Agreement sets forth the full understanding of the SOCIETY and the CITY and may not be modified nor amended except by written amend ment duly executed by the SOCIETY and the CITY. 7 8 .4 Termination. A. This Agreement may be terminated by either party for any cause upon one hundred and eighty (180) days written notice to the other party. B. Upon receipt of a termination notice under the a bove paragraph, the CITY shall cease any and all support and all other in-kind ser vices for the SOCIETY at the end of one hundred and eighty (180) days. Any capi tal equipment which is purchased for use in the Museum by the CITY remains the property of the CITY. ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 8 of 10 C. Upon termination of this Agreement, the Director s who have been appointed to the SOCIETY Board by the CITY may no longer be memb ers of the Board unless elected to the Board by the membership of the SOCIE TY. Article 8 9. SOCIETY Bylaws. 8 9 .1 Bylaws incorporated in this Agreement. The SOCIETY Bylaws are attached hereto as Exhibit “3 4 ” and are hereby incorporated hereto and incorporated herein by this reference. Any proposed changes to SOCIETY Bylaws, policies, or procedures which conflict with the ter ms of this Agreement must be submitted to the CITY for review and may be adopted by mutual consen t of the CITY and the SOCIETY. Article 9 10. Indemnification/Hold Harmless. The CITY and the SOCIETY agrees to defend, indemnify and hold harml ess the CITY, its elected and appointed officials, employees, and agents from any and all claims, demands, and/or causes of action of any kind or character wh atsoever arising out of or relating to the SOCIETY, its employees, consultants, subcontractors , or agents for any and all claims by any persons for alleged personal injury, death, or dama ge to their persons or property to the extent caused solely by negligent acts, errors, or omissio ns of the SOCIETY, its employees, agents, consultants, subcontractors, or representatives and arising out of its performance of this Agreement except where the claim, demand, and/or ca use of action arises solely as a result of the negligent acts, errors, or omissions of the CIT Y, its elected and appointed officials, employees, or agents. In the event that any suit o r claim for damages is brought against the CITY due to the actions of the SOCIETY, the SOCIETY will defend the CITY at its sole cost and expense; provided that the CITY retains the right t o participate in the said suit if any principle of governmental or public laws is involved; and if fin al judgment be rendered against the CITY and/or its officers, agents, or employees or any of them, or jointly against the CITY and the SOCIETY and their representative officers, agents, employees, or any of them, the SOCIETY ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 9 of 10 agrees to fully satisfy the same and the SOCIETY sh all reimburse the CITY for any cost and expense which the CITY has incurred as a result of such claim or suit. The provisions of this section shall survive the ex piration or termination of this Agreement as to any suit or claimed alleged acts, e rrors, or omissions occurring during the term of this Agreement. Article 11 0 . Nondiscrimination. The SOCIETY may not discriminate regarding any serv ices, membership, staff, or activities to which this Agreement may apply direct ly or indirectly through contractual, hiring, or other arrangements on the grounds of race, color, c reed, religion, national origin, gender, age, or where there is the presence of any sensory, ment al, or physical disability. Article 11 2 . Insurance. The SOCIETY SHALL MAINTAIN THROUGHOUT THE TERM OF T HIS Agreement comprehensive general liability insurance in the am ount of one million dollars combined single limits per occurrence. The insurance policy shall name the CITY of Auburn as additional insured. The policy shall require a minimum of thi rty (30) days prior written notice to the CITY of any cancellation or expiration of the policy or any modification of any provisions of the policy. The SOCIETY shall maintain throughout the term of t his agreement no less than one million dollars combined single limits per occurrence Board and Officer’s Liability Insurance for all nine (9) SOCIETY elected Board members. The CITY shall maintain throughout the term of this agreement no less than one million dollars combined single limits per occurrence Board and Officer’s Liability Insurance for all eight (8) CIT Y appointees. Article 12 3 . Assignments. The CITY and the SOCIETY respectively bind themselv es, their partners, successors, assigns, and legal representatives to the other par ty to this Agreement with respect to all covenants to this Agreement. Neither the CITY nor the SOCIETY shall assign this Agreement ACT.C ____________________________ Museum Services Agreement Resolution No. 4757 Exhibit A September 30, 2011 Page 10 of 10 without the written consent of the other party. No other governing or management agreement for the governance of the Museum may be signed by t he SOCIETY without prior written agreement by the CITY. Article 13 4. General Provision. This Agreement shall be governed by any applicable laws, regulations, and ordinances of the CITY, King County, the State of Washington, and where applicable, Federal laws. CITY OF AUBURN Peter B. Lewis, Mayor ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Dan Heid, City Attorney ACT.C ACT.C ACT.C ACT.C ACT.C z sc y z ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C ACT.C -------------------------------- Resolution No. 4757 September 30, 2011 Page 1 of 2 RESOLUTION NO. 4 7 5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE MUSEUM SERVICES AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WHITE RIVER VALLEY HISTORICAL SOCIETY WHEREAS, the White River Valley Historical Society and the City of Auburn have a long history of cooperating on Museum relate d projects; and WHEREAS, among those projects have been contracts for Museum services and agreements in support of the City’s Museum and the historic Mary Olson Farm; and WHEREAS, it is advantageous for the Society and th e City to continue their contracts for services in support of the Museum loc ated in Les Gove Park, 918 “H” Street S.E., Auburn, Washington, and for the Mary O lson Farm located at 28728 Green River Road, Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AU BURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1 . The Mayor and City Clerk are authorized to execu te the Museum Services Agreement between the City of Auburn and t he White River Valley Historical Society in substantial conformity with t he agreement a copy of which is attached hereto, marked as Exhibit “A” and incorpor ated herein by this reference. ACT.C -------------------------------- Resolution No. 4757 September 30, 2011 Page 2 of 2 Section 2 . The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the dir ectives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature 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 ACT.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4765 - Memorandum of Agreement and Option to Purchase Real Property with Ceradimm, LLC Date: October 20, 2011 Department: Planning and Development Attachments: Resolution No. 4765 Exhibit "A" - Memorandum of Agreement Exhibit "B" - Option to Purchase Budget Impact: $0 Administrative Recommendation:Committee to recommend to City Council introduction and adoption of Resolution No. 4765 Background Summary:The Auburn City Council previously entered into a M aster Development Agreement with Alpert International LLLP for development of properties be longing to the City and assistance in development proposals for other neighboring properties in the d owntown area. This initial Master Development Agreement expired and the City entered into a subse quent refined Master Development Agreement with Alpert International, LLLP on December 20, 2010 fol lowing the Council's passage of Resolution No. 4663 . Subsequent to the passage of Resolution No. 4663, A lpert International, LLLP and City staff have joint ly identified the need to clarify roles and responsibi lities currently assigned to Alpert International, LLLP in the Master Development Agreement to reduce uncertai nty in working relationships, set reasonable expectations in the delivery of services, increase the understanding of neighboring property owners an d assist in the marketing of City owned properties. T o address these needs, Alpert International, LLLP a nd City staff have identified a more appropriate agree ment instrument would be a Memorandum of Agreement and associated Option to Purchase Real Pr operty. The approval of Resolution No. 4765 would replace a nd supersede the Master Development Agreement currently in effect and effective as of the Council 's passage of Resolution No. 4663. In addition, Alp ert International LLLP has recently combined its operat ions with Ceradimm, LLC so the execution of the Memorandum of Agreement and/or Option to Purchase R eal Property would occur with Ceradimm, LLC of which Spencer Alpert is a member. Mr. Alpert would remain the primary individual involved in working w ith AUBURN * MORE THAN YOU IMAGINED ACT.D the City of Auburn. Reviewed by Council Committees:Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:ACT.D AUBURN * MORE THAN YOU IMAGINED ACT.D - - - - - - - - - - - - Resolution No. 47 65 October 20, 2011 Page 1 RESOLUTION NO. 4 7 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENTS WITH CERADIMM, LLC REPLACING AND SUPERSEDING THE MASTER DEVELOPMENT AGREEMENT WITH ALPERT INTERNATIONAL, LLLP PREVIOUSLY APPROVED BY PASSAGE OF RESOLUTION NO. 4663 WHEREAS, the City Council of the City of Auburn, Wa shington, previously entered into a Master Development Agreement with Alp ert International LLLP for development of properties belonging to the City and assistance in development proposals for other neighboring properties in the dow ntown area; and, WHEREAS, that initial Master Development Agreement e xpired and the City entered into a subsequent refined Master Development Agreement with Alpert International LLLP following the Council’s passage of Resolution No. 4663; and, WHEREAS, subsequent to the passage of Resolution No. 4 663, Alpert International, LLLP and the City have jointly ident ified the need to clarify roles and responsibilities currently assigned to Alpert Internatio nal, LLLP in the Master Development Agreement to reduce uncertainty in workin g relationships, set reasonable expectations in the delivery of services, increase the und erstanding of neighboring property owners and assist in the marketing of City owne d properties; and, WHEREAS, the Auburn City Council believes that the ne eds expressed above can be best addressed through the replacement and supersed ing of Resolution No. 4663 with a Memorandum of Agreement and associated Opt ion to Purchase Real Property; and, WHEREAS, Alpert International LLLP has recently combin ed its operations with Ceradimm, LLC of which Spencer Alpert is a member and would remain the primary individual involved in working with the City of Aubu rn; NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY R ESOLVES as follows: Section 1. That the Mayor of the City of Auburn and the A uburn City Clerk are hereby authorized to execute a Memorandum of Agreeme nt and Option to Purchase Real Property with Ceradimm, LLC, which Agreement an d Option shall be in substantial ACT.D - - - - - - - - - - - - Resolution No. 4765 October 20, 2011 Page 2 conformity with the Agreement attached hereto as Exh ibit “A” and the Option attached hereto as Exhibit “B”, both of which are incorporated herein by reference. Section 2. That this Resolution and the agreements attached sh all replace and supersede the Master Development Agreement betwee n the City of Auburn and Alpert International, LLLP, and any other Agreement s authorized by Resolution No. 4663 passed by the Auburn City Council on December 20, 2010, and/or any other related agreements between the same parties prior th ereto. Section 3. That the Mayor is hereby authorized to implemen t such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in f ull force 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 ACT.D EXHIBIT “A” _________________, 2011 MEMORANDUM OF AGREEMENT Emma L. Alpert, Manager CERADIMM, LLC 701 Fifth Avenue, Suite 7100 Seattle, WA 98104 RE: City of Auburn Downtown Property Development Dear Ceradimm, LLC: This letter constitutes the Memorandum of Agreement (MOA) betwe en the parties, replacing and superseding the Master Development Agreement entered into by and between the City of Auburn and Alpert International, dated December 20, 2010, and any other Agreeme nts prior thereto. In addition to and contemporaneous with this MOA, the parties have entered into an O ption Agreement whereby you have options to purchase certain parcels of real property of the City of Auburn. Your agreement to enter into this Agreement serves as the consideration for the Option Agreement. You agree to do the following: a. Market properties within Auburn Junction to prospective develope rs, tenants or third party interests. b. Assist the City in the development of marketing information and products for A uburn Junction. c. Work with the City and its listing agent in the direct marketing efforts of City properties. d. Assist the City in strategizing and planning for Auburn Junction. e. Assist the City in its coordination with private property owne rs in Auburn Junction and private property owners adjacent to Auburn Junction. f. Provide the City as requested or needed with updates to the Aubu rn Junction Conceptual Development Plan. g. Assist City staff as requested in presentations or communicat ions to City Council or its committees. h. Meet with City staff as requested to coordinate and strategize on marketing and development for Auburn Junction. ACT.D If you choose not to exercise the Option Agreement – and the options to purchase the various parcels described therein – this MOA contemplates that you would work with real estate professionals and developers to facilitate the development of the City owned p arcels, and your compensation for those services would be from the real estate professionals and deve lopers who develop or sell to developers City owned parcels. You agree that the City is not obligated under this Agreement to compensate you for any work you perform under this Agreement except for any transaction with Williams & Dame Development or its affiliate, in which event Ceradimm, LLC wil l be compensated for such work by either Williams & Dame or the City on terms similar to t hose approved by the City for real estate professionals, as referenced above. Additionally, if requested by the City, you shall assist and advise the City with the planning and potential third party funding for a cultural arts center or other public facility (collectively, the “Public Facility”) to be potentially developed independently, in conj unction with the development of City property or properties, or elsewhere in downtown Auburn. Should such Public Facility be so planned by December 31, 2013, and if such Public Facility is fully funded a nd developed by the City, you shall be entitled to a fee equal to 1.5% of the total capital costs of such Public Facil ity project. Please acknowledge your agreement to the above Memorandum of Agree ment by signing this letter below and returning a copy to me. Thank you very much. Sincerely CITY OF AUBURN ___________________________________ Peter B. Lewis, Mayor Attest: ___________________________________ Danielle Daskam, City Clerk Approved as to Form: ___________________________________ Daniel B. Heid, City Attorney CERADIMM, LLC By ________________________________ Emma L. Alpert, Manager Date: ______________________________ ACT.D - Page 1 - After Recording, Return to: Auburn City Clerk 25 West Main Street Auburn, WA 98001 OPTION TO PURCHASE REAL PROPERTY THIS OPTION AGREEMENT (“Agreement”) is made and entered into this ____ day of _______________, 20___, by and between the CITY OF AUBURN, a Washington municipal corporation (hereinafter “GRANTOR”) and Ceradimm, LLC, 701 Fifth Avenue, Suite 7100, Seattle, WA 98104, a Washington limited liab ility company (hereinafter “GRANTEE”). FOR GOOD AND VALUABLE CONSIDERATI ON, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE as follows: 1. OPTION TO PURCHASE. The GRANTEE sha ll have the right to purchase the City Parcels identified as Lots 1, 2, 3, 5, 6, 7, 9, 10, 11, 12, 13 and 14, in Exhibit ”A” & “B” (“City Ownership legal descriptions and map”), for the purchase price, lease arrangements or other alternative financial arrangements as determined below or enter into such other agree ments for the purchase, lease, alternative financial arrangements and/or development of said City Parcels as shall be negotiated from time to time by the Parties. The term of this Option Agreement shall be for a period of time endi ng on December 31, 2013, which right may be assigned by the GRANTEE to one or more assign ees acceptable to th e GRANTOR. For the purposes hereof, the Mayor of the City of A uburn shall be authoriz ed to approve such assignment(s) subject to approval by the Auburn City Council. It is provided, however, that as an alternative to the purchase of City Parcels, the parties may negotiate and execute agreements for long-term leases of said City Parcels. 2. PURCHASE PRICE OF CITY PARCELS. During the term of this Op tion Agreement, the GRANTEE shall have the right to purchase the City Par cels, collectively or individually, for the purchase price determined through the process described below. The purchase price for the City Parcel s, along with any City right-of -way that may be vacated, and rights pertaining to any City Parcels ultimately in cluded in their development, shall be equitably negotiated in good faith by the part ies during the term of this Op tion Agreement or any extension hereof, reflective of factors pertin ent to their reasonable valuation as determined as of the date of the execution of this Agreement, and based on the value of the land only, as the Parties agree that Exhibit "B"ACT.D - Page 2 - any buildings or improvements that may exist on the property are not of value to the intended development. The Parties further agree that if they are not able to successfully negotiate an agreed purchase price, in order to ensure a fair purchas e price for the City Parc els and any other City-owned property rights associat ed therewith, the GRANTOR may engage an independent MAI appraiser to determine the value of the City Parcel s, which valuation shall be the purchase price. If the valuation of the City’s MAI appraiser is not acceptabl e to the GRANTEE, the GRANTEE may engage an independent MA I appraiser to determine the valuation. If the GRANTEE’s MAI appraiser determines a value that is within te n percent (10%) of the City’s MAI appraiser’s value, the lower valuation shall be used as th e purchase price for the City Parcels. If the difference in valuation exceeds ten percent (10%), the City’s MAI appraiser and the GRANTEE’s MAI appraiser shall select a third MA I appraiser and the three appraisers shall determine the valuation, and that valuation shall be the purchase pr ice for the City Parcels. Each party shall be responsible for the costs of its appr aiser, and the two parties shall share, equally, in the costs of the third appraiser. Alternatively, if the parties agree to pursue long-term leases of said City Parcels, including agreement on the length and terms of the leases, as an alternative to and instead of the purchase/sale of the parcels, if the parties cannot agree on the amount of lease payments, the parties shall employ a similar strategy for dete rmining valuation/payment amounts of the leases similar to the strategy described above. Any other arrangements co ntemplated by this Agreement shall be by mutual cons ent of the Parties. Any such purchase or lease of a Lot on wh ich a building or structure is located shall include the following requirements: First, that all buildings or structures thereon shall be demolished/removed within ________ ninety (90) days following the purchase or lease and the issuance of any all permit(s) for site development or building construction, Provided that if no permit(s) for site development or building cons truction has/have been issued, then the all buildings or structures thereon shall be demolished/removed within twelve (12)eighteen (18) months following the purchase or lease , and . the The GRANTEE shall be responsible for their demolition/removal; Second, that the purchase and sa le (or lease) agreemen t shall contain terms and conditions requiring GRANTEE or its successor in interest to submit a complete application for development of the property within twelve months of the closing date, which development shall provide that vertical construction shall be gin not later than twenty-four months after the date the application is deemed complete If the buildings or structures thereon are not demolished/rem oved within ________ days following the purchase or lease the time-frame described above , or if either an application is not submitted within twelve months of the closing date, or vertical construction has not begun within twenty-four months of the date the application is deemed complete, the sale/purchase or lease of said parcel(s) shall be voided, rescinded, and nullified, and its title and/or possession shall automatically revert to the GRANTOR. Any pu rchase price paid to the GRANTOR shall be returned to the GRANTEE; however, GRANTEE shall not be entitled to any additional ACT.D - Page 3 - payments from the City, including but not limite d to interest or development costs. and the property For the purposes hereof, includ ing the Developer’s Rights/Opti ons to Purchase or Lease, as described herein below, “City Parcels” shall al so include parcels located within the four-block area bounded by Main Street to the North, A Street SW to the West, 2’ Street SW/SE to the South and A Street SE to the East , that are subsequently purchased by the City during the term of this Agreement or any extension(s) thereof, and may include other “Outparcels” located within the area depicted in Exhibit “C” (“Outparcel Map”) that are subsequently purchased by the City during the term of this Agreement or any extension(s) thereof, provided that “City Parcels” shal l not include parcels that may be purchased by the C ity within the identified target areas where the parcels are expressly purcha sed for municipal purposes. IN WITNESS WHEREOF, the pa rties have caused this Agreement to be executed by their authorized representatives on the date first above written. CERADIMM, LLC By ________________________________ Spencer Alpert, COO GRANTOR OF AUBURN ___________________________________ Peter B. Lewis, Mayor Attest: ___________________________________ Danielle Daskam, City Clerk Approved as to Form: ___________________________________ Daniel B. Heid, City Attorney ACT.D - Page 4 - STATE OF WASHINGTON ) ) s s COUNTY OF KING ) On this day of , 20___, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Peter B. Lewis and Danielle Daskam, to me known as the Mayor and City Clerk, for the City of Auburn , the municipal corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and de ed of said municipal corporation, for the uses and purposes therein mentioned, and on oa th stated that they are authori zed to execute said instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of , 20 . _______________________________________ N A M E _______________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Commission Expires: __________________ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ON THIS ______ day of ________________, 20____, before me, personally appeared ___________________ and ___________________, to me known to be the _______________ and ____________________ for Ceradimm, LLC, the compan y on whose behalf he/she/they executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute said instrument on behalf of said company. GIVEN under my hand and official seal this ______ day of ________________, 20____. _______________________________________ N A M E ______________________________________ NOTARY PUBLIC in and for the State of Washington, residing at ___________________ My Commission Expires: __________________ ACT.D - Page 5 - EXHIBIT “A” Lot # 1 – 7815700240 Lots 3 and 4, Block 5, Town of Slaughter, ac cording to the plat thereof recorded in Volume 2 of Plats, page 56, in King C ounty, Washington, subject to: Covenants, Conditions, Restrictions and Easements contai ned in the Lot Line Adjustment recorded January 17, 2006, under Recording Numb er 20060117002764; Agreement and the Terms and Conditions thereof regarding the Common Wall recorded October 1, 1947, under Recording Number 3729624, record s of King County Washington. [12 1 st Street SW, Auburn, WA 98002] Lot # 2 – 7815700225 Lots 1 and 2, Block 5, Town of Slaughter, ac cording to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington; together wi th that portion of the vacated alley adjacent thereto as pe r City of Auburn Ordinance Number 5842, recorded under King C ounty Recording Number 20040708002028. Subject to: The Easement and the Terms and Conditions therei n reserved by the City of Auburn affecting a portion of said premises within the vacated alley for utilities, recorded July 8, 2004, under Recording Number 20040708002028; the Agreement and the Terms and Conditions therein regarding the right to er ect pilasters, recorded October 1, 1947, under Recording Number 3729624. [101 S. Division Street, Auburn, WA 98002] Lot # 3 – 7815700250 That portion of the Northeast quarter of th e Southeast quarter of Section 13, Township 21 North, Range 4 East, WM, in King County Washington, being more particularly described as follows: Lots 5, 6 and the North half of Lots 7 and 8, Block 5, Town of Slaughter, according to the plat thereof record ed in. Volume 2 of Plats, page 56, records of King County, Washington, Except that portion of said Lot 5 conveye d to the City of Auburn under Recording Number 20010508002955, [That portion of Lot 5, Black 5, Town of Slaughter, according to the plat thereof recorde d in Volume 2 of Plats, page 56, records of King County, Washington, described as fo llows: Beginning at the southwest corner of said Lot 5, Thence north along the West margin of said.Lot.5, a distance of 10 feet, Thence southeasterly to the south margin of said Lot 5, The nce west along the south margin of said Lot 5, a distance of 10 feet to the point of beginning and containin g 50 square feet] Together with the South half of the vacated alley way abutting Lots 5, 6, 7 and 8, of said Block 5, as vacated under Or dinance No 5842 and record ed under Recording Number 20040708002028; And Together With the North Half of the vacated alley way abutting Lots 3 and 4, of said Block 5, as vacated under Ordinance Number 5842 and recorded under Recording Number 20040708002028, All Situat e in the County of King, State of Washington. ACT.D - Page 6 - Lot # 4 – 7815700265 That portion of the Northeast quarter of th e Southeast quarter of Section 13, Township 21 North, Range 4 East, WM, in King County Washington, being more particularly described as follows: The South half of Lots 7 and 8, Block 5, Town of Slaughter, according to the plat thereof recorded in. Vo lume 2 of Plats, page 56, records of King County, Washington. [121 S. Division Street, Auburn, WA 98002] Lot # 5 – 7815700295 Lot 4, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [2 1 st Street SE, Auburn, WA 98002] Lot # 6 – 7815700290 Lot 3, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 7 – 7815700285 Those Portions of Lots 1 and 2, Block 6, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington, lying Westerly of a line described as follows: Beginning at a po int on the North line of said Lot 1 lying 62.5 feet Easterly of the Northwest Corner of said Lot 2; Thence South 00 ż 00’22” West 29.5 feet; Thence South 89 ż 56’53” West 19 feet; Thence South 00 ż 00’22” West 75.69 feet; Thence South 89 ż 56’19” West 43.52 feet to the West line of said Lot 2; Thence Southerly along said West line 15 feet to the Southwest corner of said Lot 2, being the terminus of said line, also known as Lot A of City of Auburn Lot Line Adjustment No 0003-95, recorded under King County Recording No 9502160960. Lot # 8 – 7815700280 Those Portions of Lots 1 and 2, Block 6, Town of Slaughter, according to the plat thereof recorded in Volume 2 of Plats, page 56, in King County, Washington, described as follows: Beginning at a point on the North line of said Lot 1 lying 62.5 feet Easterly of the Northwest Corner of said Lot 2; Thence South 00 ż 00’22” West 29.5 feet; Thence South 89 ż 56’53” West 19 feet; Thence South 00 ż 00’22” West 75.69 feet; Thence South 89 ż 56’19” West 43.52 feet to the West line of said Lot 2; Thence Southerly along said West line 15 feet to the Southwest corner of said Lot 2; Thence Easterly along the South line of said Lots 120 feet to the Southeast corner of said Lot 1; Thence Northerly along the East line thereof to the Northeast corner thereof; Thence Westerly to the Point of Beginning, also known as Lot B of City of Auburn Lot Line Adjustment No 0003-95, recorded under King County Recording No 9502160960. [101 Auburn Way S., Auburn, WA 98002] Lot # 9 – 7815700300 ACT.D - Page 7 - Lot 5, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [122 S. Division Street] Lot # 10 – 7815700305 Lot 6, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 11 – 7815700310 Lot 7, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. Lot # 12 – 7815700325 The North 29.80 feet of Lot 8 North 60 Feet of Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [115 “A” Street SE, Auburn, WA 98001] Lot # 13 – 7815700326 The South 30.2 feet of the North 60 feet of Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington. [117 “A” Street SE, Auburn, WA 98001] Lot # 14 – 7815700327 Lot 8, Block 6, Town of Slaughter, recorded in Volume 2 of Plats, Page 56, records of King County, Washington, Except the North 60 feet thereof. ACT.D - Page 8 - Exhibit “B” ACT.D E M A I N S T D S T S E A U B U R N A V E N E 3 R D S T S W D S T N E C S T S W A S T N W A U B U R N W AY N N D I V I S I O N S T E S T S W W M A I N S T 1 S T S T N E A S T S E 1 S T S T S W A S T S W S D I V I S I O N S T B S T S E 3 R D S T S E A P L S E B S T N W 2 N D S T N E 1 S T S T N W 2 N D S T S W 2 N D S T N W 2 N D S T S E B S T N E 1 S T S T S E C R O S S S T S E A U B U R N W A Y S D S T S W D S T N W C S T N W A S T N E T R A N S I T R D S W B S T S W Downtown Redevelopment Area Printed On: 10/18/11 Map ID: 3834 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 .060120180240 FEET Downtown Redevelopment Area Wells Fargo Block Buildings Parcels Wells Fargo Block Auburn Regional Medical Center City Hall Auburn Professional Plaza Justice Center Transit Center Safeway West Auburn High School Exhibit "C"Page 9 ACT.D AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4766 - Exclusive Agency Listing Agre ement with Jones Lang LaSalle Date: October 20, 2011 Department: Planning and Development Attachments: Resolution No. 4766 Exhibit "A" - Agreement Budget Impact: $0 Administrative Recommendation:Committee to recommend to City Council introduction and adoption of Resolution No. 4765.Background Summary:The City of Auburn owns certain real property in th e area of Auburn commonly referred to as Downtown Auburn and desires to see these properties develope d with commercial and/or residential land uses in conformance with previously adopted design standard s and guidelines. City staff believe that the City is in need of professional real estate brokerage services to assist the City in marketing and negotiations f or lease or sale of these City owned properties for co mmercial and/or residential land uses. The provisio n of these services by an outside party will provide the City access to specialty skills and services in th e areas of property and tenant marketing and negotiations n ot currently available at the City that will assist in the furtherance of its goals for the development of Cit y owned properties that will be of public benefit. City staff has identified Jones Lang LaSalle as the recommended provider of professional real estate services for the City. Jones Lang LaSalle is a glob al real estate services firm with an office in Taco ma, Washington that has regional experience in commerci al and residential brokerage, marketing, leasing an d sales. Reviewed by Council Committees:Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:ACT.E AUBURN * MORE THAN YOU IMAGINED ACT.E - - - - - - - - - - - - Resolution No. 4766 O ctober 20, 2011 Page 1 RESOLUTION NO. 4 7 6 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EXCLUSIVE AGENCY LISTING AGREEMENT WITH JONES LANG LASALLE FOR REAL ESTATE BROKERAGE SERVICES FOR CERTAIN CITY OWNED PROPERTIES IN DOWNTOWN AUBURN WHEREAS, the City of Auburn owns certain real propert y in the area of Auburn commonly referred to as Downtown Auburn; and, WHEREAS, the City of Auburn desires to see these prope rties developed with commercial and/or residential land uses in conformance w ith previously adopted design standards and guidelines; and, WHEREAS, the City is in need of professional real estat e brokerage services to assist the City in marketing and negotiations for lease o r sale of these City owned properties for commercial and/or residential land uses; and, WHEREAS, the Auburn City Council believes that the use o f professional real estate brokerage services will provide the City access to spe cialty skills and services in the areas of property and tenant marketing and negoti ations not currently available at the City that will assist in the furtherance of its goa ls for the development of City owned properties that will be of public benefit; and, WHEREAS, Jones Lang LaSalle is a global real estate se rvices firm with regional experience in commercial and residential brokerage, mar keting, leasing and sales; NOW THEREFORE, IN LIGHT OF THE ABOVE FINDINGS, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY R ESOLVES as follows: S ection 1. That the Mayor of the City of Auburn and the A uburn City Clerk are hereby authorized to execute an Exclusive Agency Listing Agreement with Jones Lang LaSalle, which Agreement shall be in substantial conform ity with the Agreement attached hereto as Exhibit “A” and incorporated here in by reference. Section 2. That the Mayor is hereby authorized to implemen t such administrative procedures as may be necessary to carry out the directives of this legislation. ACT.E - - - - - - - - - - - - Resolution No. 4766 October 20, 2011 Page 2 S ection 3. That this Resolution shall take effect and be in f ull force 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 ACT.E Pacific Real Estate Partners, IncJones Lang LaSalle Americas, Inc 1700 7th Ave, #2050 1145 Broadway, Suite 1350 Seattle, WA 98101 Tacoma, Washington Phone: 206-971-7000 (253) 272-4662 Fax: 206-971-7001 (312) 470 4475 © Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form XLA Exclusive Agency Lease Rev. 1/2011 Page 1 of 4 EXCLUSIVE AGENCY LEA SE LISTING AGREEMENT CBA Text Disclaimer: Text deleted by licensee indicated by strike. New text inserted by licensee indicated by small capital letters. This Agreement is made by and between City of Auburn (“Owner’) and Jones Lang LaSalle Americas, Inc (“Firm”). Owner hereby grants to Firm the exclusive and irrevocable right t o lease OR SELL , and to receipt for deposit in connection therewith, Owner’s commercial real estate legal ly described as set forth on Attached Exhibit A and commonly described as , , located in the City of Auburn , King County, Washington (the “Property”). 1. DURATION OF AGREEMENT. This Agreement shall commence on November 1 , 2011the effective date of City Council approval and shall expire at 11:59 p.m. on December 31 , 2013 . 2. PRICE AND TERMS. Owner agrees to list the Property at a lease price of $TBD per square foot anually on a "triple net" basis and shall consider offers that include the following terms: Term of Lease: Minimum Five (5) years Terms: Net, Net, Net. O WNER ALSO AGREES TO LIST THE PROPERTY F OR S ALE AT A PRICE $TBD. 3. DEFINITIONS. As used in this Agreement, (a) “CBA” shall mean the Commercial Brokers Association; (b) “lease” shall mean lease, sublease, sell, or enter into a contract to lease, sublease, or sell the Property; and (c) “lessee” shall include sublessees, if applicable. The phras es “this Agreement” and “during the term hereof” include separate, written extensions or renewals of this Agreement. 4. AGENCY/DUAL AGENCY. Owner authorizes Firm to appoint Steve Crantz, Mike Horner a nd Andrew Miller as Owner’s Listing Broker. This Agreement creates an age ncy relationship with Listing Broker and any of Firm’s brokers who supervise Listing Broker’s performance as Owner’s agent (“Supervising Broker”). No other brokers affiliated with Firm are agents of Owner, except to the ext ent that Firm, in its discretion, appoints other brokers to act on Owner’s behalf as and when needed. If the Property is leased OR SOLD to a tenant represented by one of Firm ’s brokers other than Listing Broker (“Tenant’s Broker”), Owner consents to any Supervising Brok er who also supervises Tenant’s Broker acting as a dual agent. If the Property is leased OR SOLD to a tenant who Listing Broker also represents, Owner conse nts to Listing Broker and Supervising Broker acting as dual agents. Owner has received from Listing Broker the pamphlet entitled “The Law of Real Estate Agency." If any of Firm’s brokers act as a dual agent, Firm sha ll be entitled to the entire commission payable under this Agreement plus any additional compensation Firm may have nego tiated with the tenant. 5. PROPERTY OWNERSHIP AND INFORMATION. Owner warrants that Owner has the right to SELL OR lease the Property on the terms set forth in this Agreement, and t hat the Property is free and clear of any encumbrances which would interfere therewit h. Owner also warrants that the informati on on the Property Information pages of this Agreement is correct. Owne r understands that Firm and other members of CBA will make representations to prospective lessees based solely on the property information in this Agreement, and agrees to indemnify and hold Firm and other members of CBA harmless in the event the foregoing warranties are incorrect. Owner acknowledges receipt of a copy of this Agreement, with the Property Information pages of this Agreement fully completed. 6. COMMISSION. Firm shall be entitled to a commission if: (a) Firm leases or procures A PURCHASER OR a lessee on the terms of this Agreement, or on other te rms acceptable to Owner; (b) Owner leases OR SELLS the Property through any other real estate firm during t he term of this Agreement; (c) Owner leases OR SELLS the Property within six months after the expiration or sooner termination of th is Agreement to a person or entity that submitted an offer, LETTER OF INTENT , OR OTHER INDICATION OF INTEREST to purchase or lease the Property during the term of this Agreement or that appears on any registration list provided b y Firm pursuant to this Agr eement or an "Affiliate" of such a person or entity that submitt ed an offer or that appears on the registration list; (d) the Property is made unleasable OR UNSALABLE by Owner's voluntary act; or (e) Owner canc els this Agreement, or otherwise prevents Firm from leasing the Property. The commission shall be calculated as follows: Six percent (6.0%) of all gross ACT.E PACIFIC REAL ESTATE PART NERS, INC JONES LANG LASALLE AMERICAS, INC. 1700 7TH AVE, #2050 1145 BROADWAY, SUITE 1350 SEATTLE, WA 98101 TACOMA, WASHINGTON 98402 PHONE: 206-971-7000 (253) 272 4662 FAX: 206-971-7001 (312) 470 4475 © Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form XLA Exclusive Agency Lease Rev. 1/2011 Page 2 of 4 EXCLUSIVE AGENCY LEA SE LISTING AGREEMENT (CONTINUED) receipts throughout the term of the first twenty (20) years of th e lease. If a sale, then Six percent (6.0%) of the gross sales price. The Firm's compensation will in no event be less than Six percent (6.0%) for any transaction, including a long term land lease, contemplated in this Ag ency Agreement.. Firm shall submit any registration list to Owner within 15 days after the expiration or sooner term ination of this Agreement and shall only include on the registration list persons or entities to whose attention the Property was brought through the sig ns, advertising or other action of Firm, or who received information secured dire ctly or indirectly from or through Firm during the term of this Agreement. Owner shall provide the registration list to any other brokers that assist the Owner with this Property. "Affiliate" means, with respect to any person or entity that submitted an offer during the term of this Agreement or that appears on the registration list, a pers on or entity which has more than a 10% ownership or voting interest in such an entity or any entity in which more than 10% of the ownership or voting interests are owned or controlled by such a person or entity. 7. FIRM/MULTIPLE LISTING. Firm shall cause this listing to be published by CBA for di stribution to all CBA members through CBA's listing distribution systems. Firm s hall cooperate with all other members of CBA in working toward the lease of the property. Owner understands and ag rees that all property information contained in this Agreement or otherwise given to CBA becomes the property of CBA, is not confidential, and will be given to third parties, including prospective PURCHASERS AND lessees, other cooperating member s of CBA who do not represent the Owner and, in some instances, may represent the PURCHASER OR lessee and other parties granted access to CBA's listing systems. Owner agrees that Firm may reco rd this Agreement. Regardless of whether a cooperating member is the firm of the lessee OR PURCHASER , the Owner, neither or both, the member shall be entitle d to receive the selling office's share of the commission as designated by the listing office. IT IS UNDERSTOOD THAT CBA IS NOT A PARTY TO THIS AGREEMENT, AND ITS SO LE FUNCTION IS TO FURNISH THE DESCRIPTIVE INFORMATION SET FORTH IN THIS LISTING TO IT S MEMBERS, WITHOUT VERIFICATION AND WITHOUT ASSUMING ANY RESPONSIBILITY FOR SUCH INFORMAT ION OR IN RESPECT TO THIS AGREEMENT. 8. ATTORNEY’S FEES. In the event either party employs an attorney to enforce any terms of this Agreement and is successful, the other party agrees to pay a reasonable atto rney’s fee and any costs and expenses incurred. In the event of trial, venue shall be in the C ounty in which the Property is located, the amount of the attorney’s fee shall be as fixed by the court. 9. TERMINATION. The Agreement may be terminated by eith er party following ninety (90) days written notification. 109.ADDITIONAL TERMS. In addition to the Property Information pages of this Agre ement and Exhibit A (legal description), the following amendments or addenda (which ar e also attached hereto) are part of this Agreement: Auburn Junction is a mixed use project consisting of possible office, retail, hotel, seni or family, or other residential development. This listing agreement covers all p ossible developments, either by lease or by sale. ONE EXCEPTION to this is the company of Williams and Dame Development Inc . Broker will NOT be paid for any transaction accomplished by Williams and Dane Development Inc., or any affiliate. City owned properties represented in this Agreement are available for possible office, retail, hotel, senior family or other residential development developed in accordance with applicable and ad o pted design standards and guidelines. This listing agreement covers all possible commercial and residentia l developments, either by lease or by sale. ONE EXCEPTION to this is the company of Williams and Dame Developmen t, Inc. Broker will NOT be paid for any transaction accomplished by Williams and Dame Development, In c. or any affiliate. OWNER ACT.E PACIFIC REAL ESTATE PART NERS, INC JONES LANG LASALLE AMERICAS, INC. 1700 7TH AVE, #2050 1145 BROADWAY, SUITE 1350 SEATTLE, WA 98101 TACOMA, WASHINGTON 98402 PHONE: 206-971-7000 (253) 272 4662 FAX: 206-971-7001 (312) 470 4475 © Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form XLA Exclusive Agency Lease Rev. 1/2011 Page 3 of 4 EXCLUSIVE AGENCY LEA SE LISTING AGREEMENT (CONTINUED) Owner/Authorized Signature Owner/Authorized Signature Name: City of AuburnPeter B. Lewis N a m e : Title CIty Attorney or MayorMayor T i t l e Date D a t e R E : C ITY OF A UBURN (OWNER ) AND J ONES L ANG L A S ALLE (B ROKER ) FIRM Jones Lang LaSalle Americas, Inc.- Tacoma Office , Firm (Company) (Office) B y (Authorized Representative) Date: ____________________________ ACT.E PACIFIC REAL ESTATE PART NERS, INC JONES LANG LASALLE AMERICAS, INC. 1700 7TH AVE, #2050 1145 BROADWAY, SUITE 1350 SEATTLE, WA 98101 TACOMA, WASHINGTON 98402 PHONE: 206-971-7000 (253) 272 4662 FAX: 206-971-7001 (312) 470 4475 © Commercial Brokers Association 2011 ALL RIGHTS RESERVED CBA Form XLA Exclusive Agency Lease Rev. 1/2011 Page 4 of 4 EXCLUSIVE AGENCY LEA SE LISTING AGREEMENT (CONTINUED) EXHIBIT A (Legal Description) Lot #1 - 7815700240 Lot #2 - 7815700225 Lot #3 - 7815700250 Lot #4 - 7815700265 Lot #5 - 7815700295 Lot #6 - 7815700290 Lot #7 - 7815700285 Lot #8 - 7815700280 Lot #9 - 7815700300 Lot #10 7815700305 Lot #11 7815700310 Lot #12 7815700325 Lot #13 7815700326 Lot #14 7815700327 And "For purposes hereof, this Listing Agreement shall also include parcels located within the four-block area bounded by Main Street the North, A Street SW to the We st, 2nd Street SW/SE to the South and A Street SE to the East, that are subsequently purchased by the City during t he term of this Listing Agreement or any extension(s) thereof, along with any other "Outparcels" located wi thin the area depicted on Exhibit ___B ("Downtown Redevelopment AreaOutparcel Map") that are subsequently pur chased by the City during the term of this Listing Agreement or any extension(s) thereof, provided that this Listi ng Agreement shall not apply to any parcels identified in this section that may be purchased by the City where t he parcels are expressly purcha sed for municipal purposes" ACT.E E M A I N S T D S T S E A U B U R N A V E N E 3 R D S T S W D S T N E C S T S W A S T N W A U B U R N W AY N N D I V I S I O N S T E S T S W W M A I N S T 1 S T S T N E A S T S E 1 S T S T S W A S T S W S D I V I S I O N S T B S T S E 3 R D S T S E A P L S E B S T N W 2 N D S T N E 1 S T S T N W 2 N D S T S W 2 N D S T N W 2 N D S T S E B S T N E 1 S T S T S E C R O S S S T S E A U B U R N W A Y S D S T S W D S T N W C S T N W A S T N E T R A N S I T R D S W B S T S W Downtown Redevelopment Area Printed On: 10/18/11 Map ID: 3834 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 .060120180240 FEET Downtown Redevelopment Area Wells Fargo Block Buildings Parcels Wells Fargo Block Auburn Regional Medical Center City Hall Auburn Professional Plaza Justice Center Transit Center Safeway West Auburn High School Exhibit "B"ACT.E AGENDA BILL APPROVAL FORM Agenda Subject: Agreement to Exchange Real Property - Green River Community College Date: October 13, 2011 Department: Human Resources Attachments: Resolution 4762 GRCC -Auburn Exchange Agreement Slope Easement Water & Storm Drainage Easement Utility (Telecommunications) Easement ROW Dedication Deed COA Budget Impact: $0 Administrative Recommendation:City Council adopt Resolution 4762.Background Summary:City Council authorizing the Mayor and City Clerk t o execute agreements between the City of Auburn and State of Washington for an excha nge of property and for joint use and maintenance of property. Reviewed by Council Committees:Finance, Planning And Community Development Councilmember:Norman Staff:Heineman Meeting Date:October 24, 2011 Item Number:DI.A AUBURN * MORE THAN YOU IMAGINED DI.A -------------------------------------- Resolution No. 476 2 October 12, 2011 Page 1 of 3 RESOLUTION NO. 4 7 6 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN CITY PROPERTY AS SURPLUS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS BETWEEN THE CITY OF AUBURN AND THE STATE OF WASHINGTON FOR AN EXCHANGE OF PROPERTY AND FOR JOINT USE AND MAINTENANCE OF PROPERTY WHEREAS, the City owns Lea Hill Park, which is currentl y developed for a softball and baseball diamond, tennis courts, and asso ciated parking. It is primarily used by the State for intercollegiate sports activities; and WHEREAS, the State owns a parcel of land collectively referred to as the Martin property; and WHEREAS, the State is a primary user of Lea Hill Par k and has made improvements to the facility. The State and the City cooperatively maintain Lea Hill Park; and WHEREAS, the City and State desire to exchange the a forementioned properties in furtherance of the long-term interests o f the City and State; and WHEREAS, The City and State, through the Green River Community College, wish to amend and extend their current Agre ement for joint use and maintenance of their respective facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUB URN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows : DI.A -------------------------------------- Resolution No. 476 2 October 12, 2011 Page 2 of 3 Section 1. The City property known as Lea Hill Park, more particu larly described at Exhibit “A” is declared to be surplus. Section 2. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement betwee n the City of Auburn and the State of Washington for the exchange of the Lea Hill Park property with State-owned property known as the “Martin Property,” more particularly described in Exhibit B, which Agreement shall be in sub stantial conformity with the Agreement attached hereto as Exhibit “C.” Section 3. The Mayor of the City of Auburn and the Auburn Cit y Clerk are hereby authorized to execute an Agreement betwee n the City of Auburn and Green River Community College for Recreation Faci lity Use, which Agreement shall be in substantial conformity with the A greement a copy of which is attached hereto, marked as Exhibit “D” and in corporated herein by this reference. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry ou t the directives of this legislation. Section 5. This resolution shall be in full force and effect upo n passage and signatures hereon. DI.A -------------------------------------- Resolution No. 476 2 October 12, 2011 Page 3 of 3 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 DI.A Project No. 09-11-054 AFTER RECORDING RETURN TO: Department of Enterprise Services Facilities Division, Real Estate Services P. O. Box 41015 Olympia, Washington 98504-1015 Document Title: Agreement to Exchange Real Property State : State of Washington, Green River Community College, Acting through the Department of Enterprise Services City : City of Auburn Legal Description : Portion Section 9, Township 21 North, Range 5 East,Willamette M eridian. Assessor’s Tax Parcel Number : 0921059020, 0921059018, & a portion of 0921059229 AGREEMENT TO EXCHANGE REAL PROPERTY THIS AGREEMENT TO EXCHANGE REAL PROPERTY (“Agr eement”) is made by and between the State of Washington, State Board for Community and Technical Colleges, Green River Community College , acting through the Department of Enterprise Services, Facilities Di vision, Real Estate Services (“State”) and the City of Auburn, a municipal corporation (“City”). WITNESSETH: A. WHEREAS, the City owns Lea Hill Park. The Park is an 8.97 acre site, loca ted on S. 320 th Street and 124 th Avenue in the Lea Hill neighborhood. This site is currently developed fo r a softball and baseball diamond, tennis courts, and associated parking. It is primarily used by the State for intercoll egiate sports activities. The existing park needs significan t improvement, as identified in the City’s adopted Parks & Recreation Plan, and does not serve neighborhood needs well. B. WHEREAS, the City acquired Lea Hill Park fro m King County in 2002. The deed contains a covenant that the property will be used in perpetuity for park or recreation purposes unless other equivalent lands or facilities are received in ex change and the replacement lands or facilities are likewise to be used in perpetuity for park or recreation purposes. C. WHEREAS, the State owns a parcel of land collec tively referred to as the Martin property. The Martin property is a 5.26 acre site located on 124 th Avenue between Lea Hill Park and 316 th Street. A residence and outbuildings occupy a portion of the site. D. WHEREAS, the State is a primary user of Lea Hill Park and has mad e improvements to the facility. The State and the City cooperativ ely maintain Lea Hill Park. E. WHEREAS, the City and State desire to exchange the aforementioned properties in furtherance of the long-term interests of the City and State. F. WHEREAS, The City will transfer ownership of Lea H ill Park to the State in exchange for the Martin property and the College’s contribution of $1.5 million to ward athletic improvements that the City will have constructed on the Martin property in the course of relocatin g that Lea Hill Park to that site. The park improvements will include one or more sports fields tha t the City will make available for Page 1 of 9 DI.A Project No. 09-11-054 joint City and College use. The Martin property together with the College’s cont ribution of $1.5 million is considered to be of equal value and function to the e xisting Lea Hill Park property. The value of the property and contribution to improvement s has been established by appraisal(s) performed by an MAI appraiser mutually sel ected by the parties. The City and State will each hold an equal and undivided interest in the new park constructed on the Martin property. G. WHEREAS, the new park will be subject to the aforementioned coven ant regarding use and replacement, and the State and City agree to be bound by the terms of this covenant. H. WHEREAS, the State and the City will be equivalent co-owners of the newly created and relocated Lea Hill Park. The City will demolish the existing structures on t he Martin property and design and construct the park. The State will reimburse the City for the incurred ex penses in a phased manner as each phase is completed and invoiced. The improve ments will be consistent with the approved Lea Hill Park Master Plan as develope d by the City of Auburn. The St ate’s reimbursement for expenses incurred shall not exceed One Million Five Hundred Thousand Dollars ($1,500,000.00). I. WHERERAS, in those places in this Agreement wher e the terms “buyer” and “seller” are used, the State will be considered the seller of the Martin pr operty and the City the buyer, and the City will be considered the seller of the Lea Hill property and the State the bu yer. NOW THEREFORE, in order to accomplish the exchange of State’s property for the C ity’s Property, the State and the City agree as follows: 1. Sequence of Events. The Parties agree to proceed in the following sequence: a. The Agreement to Exchange Real Property shall be fully executed. b. The exchange of property is also subject to the following having been completed prior to the closing of the exchange of properties: i. Receipt of a preliminary title reports and any updated title commitments by the buyer for each parcel. ii. Final review and approval of the Office of the Attorney General of the State of Washington. iii. Final review and written approval of the State Board for Commun ity and Technical Colleges. iv. Final review and written approval by the State. v. Final review and written approval by the City. vi. Approval of King County of the transfer of the park covenant from the current location of the Lea Hill Park to proposed new location of the Lea Hill Park on the Martin property. c. The parties agree to execute and deliver Quitclaim Deeds for their respective property described in Exhibit A & B, free and clear of all liens, encumbrances, easements, or any other title exceptions save those exceptions, public utility easements, and other matters, which the parties have accepted. Based upon all exceptions shown on the preliminary title reports or any updated reports provided at least 60 days prior to closing, either party shall notify the other of any objections to title in writing at least 30 days prior to closing. Failure to so notify the other party of any objection to any such exception to title shall be deemed to be acceptance of the exception. If within 15 days prior to closing the party so notified does not agree in writing to cure or to insure over said ex ception(s), the objecting party may no later than 5 days before closing terminate this Exchange Page 2 of 9 DI.A Project No. 09-11-054 Agreement, by written notice, whereupon neither party shall have any further rights or liabilities hereunder except that each shall equally shar e any costs of the escrow service owed upon cancellation. If the buyer does not within five (5) days of closing notify the seller it will terminate or the selle r does not agree to cure or insure the exception within five (5) days prior to the closing, the buyer will be deemed to have accepted such exception and the parties will pro ceed to close this exchange including that exception. d. The buyer of each property shall have the right to object to any exception contained in a title commitment that is identified pri or to closing but was not contained in the preliminary title report or any update provided to the buyer at least 60 days before closing. If the seller does not agree in writing to cure or insure over any such exception prior to the day set for closing, the buyer shall have the right not to pro ceed with closing. 2. Utilities. All utilities such as electricity, water, gas, oil, and real pr operty taxes shall be prorated to the date of closing. 3. Assessments. Any special assessments, L.I.D. assessm ents and R.I.D. assessments, which are levied against the property described in Exhibit A & B at the time of closing, shall be pa id in full by the responsible party. 4. Condition of Title. Both parties hereby agree from and after the date hereof until the termination of this Agreement or the execution of the exc hange of properties, that (i) they will take no action that will adversely affect title to or development of the properties, (ii) they will not mortgage, encumber or permit the encumbrance of all or any portion of the properties without the other party’s prior written consent; a nd (iii) they will not en ter into any written or oral contracts or agreements w ith respect to the properties. 5. Date of Closing. Closing of this transaction shall occur in the offices of the Closing Agent on or before________________. For purposes of this Ex change Agreement, closing shall have occurred when all appropriate documents are recorded. 6. Closing . This Exchange Agreement shall be closed through escrow through _______________ whose address is __________________. 7. Closing Costs. The State shall pay the following costs and expenses in connection with this transaction: a. State’s attorneys’ fees. b. All escrow fees. c. All special assessments, L.I.D. assessments , and R.I.D. assessments levied on the property described in Exhibit A, if any, shall be paid in full. d. Real property taxes, if any, which shall be prorated to the date of closing for Property described in Exhibit A. e. Transfer taxes due on the conveyance of Property described in Exhibit A, if any. f. Title insurance premium or abstract fee and sales tax thereon property described in Exhibit A, if any. g. Costs and fees associated with recording documents with the County Auditor’s office. The City shall pay for the following costs and expenses in connectio n with this transaction: Page 3 of 9 DI.A Project No. 09-11-054 a. City’s attorney’s fees. b. Real property taxes, if any, which shall be prorated to the date of closing for Property described in Exhibit B. c. All special assessments, L.I.D. assessments and R.I.D. assessments levied on the Property described in Exhibit B, if any, shall be paid in full. d. Title insurance premium or abstract fee and sales tax on property described in Exhibit A, if any. 8. Real Estate Brokerage Fees. Neither Party will utilize a commercial real estate agent or broker on this transaction. 9. Government Approval. If the approval of any governmental agency is required for the exchange of said Properties, it is understood and agreed that this Exchange Agreement is subject to obtaining such approval. The parties shall use their best efforts and take al l steps necessary to obtain such governmental approval. 10. Survey; Subdivision. In the event a city, county, or other governing authority having jurisdiction of said properties requires a survey or plat or has a subdivision ordinance, the parties shall, at the parties’ own expense, comply with such ordinance and take all ste ps necessary to obtain such survey, plat or subdivision. The parties agree to cooperate in obtaining the necessary approvals. 11. Possession. The State shall be entitled to possession of the Property desc ribed in Exhibit B upon the Date of Closing, subject only to such matters approved in writing by the State. The City and the State shall be entitled to joint possession o f the Property described in Exhibit A upon the Date of Closing, subject only to such matters approved in writing by the parties. 12. Time is of the Essence. Time is of the essence in the performance of any obligations pursuant to this Exchange Agreement. Failure of either party to insist upon the strict performanc e of the other party’s obligation he reunder shall not constitute a wa iver of strict performance thereafter of all of the other party’s obligation hereunder. 13. Notices. Any notices required or permitted to be given shall be in wri ting and delivered either in person or by certified mail, return r eceipt requested, postage prepaid, addressed as follows or to such other address as may be designated by either party. STATE: State of Washington Department of Enterprise Services, Facilities Division, , Real Estate Services 1500 Jefferson Street SE PO Box 41015 Olympia, WA 98504-1015 CITY: City of Auburn 25 West Main Street Auburn, Washington 98001-4998 Copy to: Green River Community College ATTN: Rick Brumfield , Vi ce President of Business Affairs 12401 SE 320 th Street Auburn, Washington 98092-3622 Page 4 of 9 DI.A Project No. 09-11-054 Any notice given pursuant to this Exchange Agr eement shall be deemed effective the date it is personally delivered or three (3) business days after the date it is deposited in the United States Mail. 14. Legal Relations. Each party to this agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, its agents , or its officers. Neither party assumes an y responsibility to the other party for the consequences of any act or omission of any their party. 15. Protective Covenant . The Quit Claim Deed transferring half ownership of the property to the City shall contain a covenant that is intended to be running with the land and whereby burdening and benefitting the party’s successors and assigns. The C ity shall covenant that the property shall continue to be used in perpetuity for a park or recreation purposes unless other equivalent lands or facilities within the city are received in exchange therefore and the replacement lands or facilities are used in perp etuity for park or recreation purposes, as shown on Exhibit “C”, which is attached and incorporated herein. 16. Non-Foreign Affidavit. The parties are not foreign person(s) as the term is used and defined in Section 1445 of the Internal Revenue Code, as amended, and the regulations promulgated thereunder. The parties shall, upon request of the other, complete an affidavit to that effect. 17. Environmental Concerns. The parties warrant that no hazar dous substance, toxic waste, or other toxic substance has been produced, disposed of, or has been kept on the Properties described in Exhibit A and B which, if found on the Property, would subject the owner or user to any damages, penalty, or liability under an applicable local, state, or federal law or regulation. The parties shall be responsible for all damages, costs, attorneys’ fees, and penalties arising from the presence of such substances tha t occurred prior to closing on the respective properties on which they are a seller. If such a substance is discovered on one of the properties prior to closing, the buyer shall have the ri ght to terminate this agreement; however, this right is not meant to limit any remedy that the buyer may have to rescind the exchange if the substance were discovered afte r closing but present before closing. This provision shall survive closing. 18. Assignment. Each party agrees that this instrument and all rights, title and i nterest are fully assignable to other governmental entities. 19. Default; Remedies; Specific, Performance . In the event of material breach or default in or of this Agreement or any of the representations, warranties, terms, covenants, conditions or provisions hereof by the parties, the parties shall have, in addition to a claim for damages from such breach or default and without prejudi ce to any other right or remedy available under this Agreement or at law or in equity, the right to (a) demand and have specific performance of this Agreement; (b) demand injunctive relief to enforce any provision of this Agreement; or (c) terminate this Agreem ent upon written notice without any additional liability to the parties and sha ll be entitled to a full refund of any payments outlined herein. In the event of a non-material breach or defau lt in or of this Agr eement or any of the representations, warranties, terms, covenants, c onditions or provisions hereof by the parties, the parties only remedy shall be a claim for damages. 20. Condition of Title . Each of the parties hereby agree from and after the date hereof until th e termination of this Agreement or the closing of the sale of t he Property, that (i) it will take no action that will adversely affect title to or de velopment of the Properties; (ii) it will not mortgage, encumber or permit the encumbrance of all or any portion of the Properties without Page 5 of 9 DI.A Project No. 09-11-054 the respective parties prior written consent; and (iii) it will not enter into any written or oral contracts or agreements with respect to the Properties. 21. Merger of Prior Agreements . This Agreement and the exhibits hereto constitute the entire agreement between the parties w ith respect to the exchange of the Properties and supersedes all prior and contemporaneous agreements a nd understandings between the parties hereto relating to the subject matter hereof. 22. Neutral Authorship . Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of both parties hereto. No presumption or other rules of construction, which would interpret the provisions of this Agreement in favor of or against the parties preparing the sam e, shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. 23. No Waiver of Eminent Domain Power . Nothing in this Agreement shall constitute, or be construed as constituting, any limitation upon the pa rties or any waiver by the parties with respect to its exercise of the power of em inent domain in connection with the respective properties. 24. Severability . In case any one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any re spect, such invalidity, illegality or unenforceability shall not affect an y other provision hereof, and this Agreement shall be construed as if such invalid, ille gal or unenforceable provision had never been contained herein. 25. Remedies Cumulative . Except as otherwise expressly provided herein, the rights and remedies given herein to the parties shall be deemed cumulative, and the exercis e of one or more of such remedies shall not operate to bar the exercise of any othe r rights reserved to the parties under the provisions of this Agreement. 26. Damage to Real Property . If prior to the Closing Date, all or any portion of the property to be conveyed is damaged, destroye d or rendered inoperative (collectively "Damage" but not including demolition that parties ag ree upon) by fire, natural elem ents, or other causes for which the buyer is not responsible, then the buy er may by giving written notice terminate this Agreement and cancel the purchase of the Property, and in which case, neither buyer or seller shall have any further rights against or obligations to the other under this Agreement, which specifically survive termination of this Agreement. If buyer elects to proceed to close and purchase the Real Property then seller shall assign to buyer all of proceeds payable, if any, as a result of such Damage. 27. Title Information. Unless otherwise notified by the State in writing, City shall convey the Property described in Exhibit B to the State as follows: State of Washington, State Board for Community and Technical Colleges, Green River Community College. Unless otherwise notified by the City in writing, the State shall convey one half ownership i nterest in the Property described in Exhibit A to the City as follows: City of Auburn, a municipal corporation and the State shall retain half ownership in the property. 28. Entire Agreement. All understandings and agreements previously existing between the parties, if any, are merged into this Exchange Agreement, which alone fu lly and completely expresses their agreement, and the same is entered into after full investigation, neither party relying upon any statement or representation made by the other not embodied herein. This Exchange Agreement may not be changed or terminated orally. Page 6 of 9 DI.A Project No. 09-11-054 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names. CITY OF AUBURN STATE OF WASHINGTON State Board for Community and Technical Colleges, Green River Community College B y : Peter B. Lewis Acting through the Department o f E n t e r p r i s e S e r v i c e s Title: M a y o r B y : Howard S. Cox, Chief Property Officer Date: Facilities Division, Real Estate Services APPROVED AS TO FORM Date: By:______________________________________ Dan Heid, City Attorney By: J a n e R u s h f o r d , D e p u t y D i r e c t o r Date:_____________________________________ D a t e : APPROVED AS TO FORM: B y : A s s i s t a n t A t t o r n e y G e n e r a l D a t e : Page 7 of 9 DI.A Project No. 09-11-054 STATE OF ) ) s s . County of ) On this day of , A.D., 20 , before me personally appeared to me known to be the of the corporation that executed the within and foregoing instrument and acknowledged the sai d instrument to be the free and voluntary act and deed of said corporation, for the us es and purposes therein mentioned, and on oath stated that ________ was authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and a ffixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this day of 20 , personally appeared before me HOWARD S. COX, Fac ilities Division, Real Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed th e same as the free and voluntary act and deed of the Department, for the purposes and uses ther ein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and a ffixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s Page 8 of 9 DI.A Project No. 09-11-054 Page 9 of 9 STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this day of , 20 , personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that she si gned and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and a ffixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s DI.A Page 1 of 1 10/18/2011 http://10.10.3.110/GEOCORTEX/ESSENTIALS/RESTLIVE/RE ST/TempFiles/Export.p ...DI.A After recording return document to: City of Auburn ATTN: City Clerk 25 West Main Street Auburn, Washington 98001-4998 Document Title: Slope Easement FAC I 0·0005 Grantor: State of Washington, State Board . For Community and Technical Colleges, Green River Community College, acting through the Department of E nterprise Services Grantee: City of Auburn Legal Description: SW ¼ S9-T21N-R5E Assessor's Tax Parcel Number: a portion of 092105-9020 SLOPE EASEMENT The Grantor, State of Washington, Stat e Board for Community and Technical Colleges, Green River Community College, acting through the Department of Enterprise Services for and in consideration of mutual and offsetting benefits, does hereby quitclaim and convey unto the City of Auburn. a munici pal corporation of the State of Washington , and its agents or assigns a permanent, non-exclusive slope easement over, under, upon and across the real property described in Exhibit "A" attached hereto and incorporated by th is reference, together with the rights of ingress and egress. for the purpose of constructing and maintaining the slope improvements to be constructed by Grantee, including grading, stock piling, excavating and restoring the real property and/or the slope improvements . The slope easement is described in Exhibit "B" attached hereto and incorpora ted by these references. Upon completion of construction of the slope improvements, Grantee shall restore the easement area to a condition as close as reasonably possible to its pre construction condition while maintaining the integrity of the slope improvements , or to such other state of restoration as mutually agreed upon by the parties. Grantor shall not perform any activities that may damage i mprovements bu ilt or constructed within the easement areas, including the planting of vegetation with damaging root structures or performing any excavation that would have the effect of weakening the support said improvements. Said Grantee shall have the right, without prior institution of any suit or proceeding at law, at times as may be necessary to enter upon said easement for the purpose of constructing roadway improvements without incurring any legal obligation or liability therefore, DI.A Slope Easement Page 2 of 7 provided that such construction shall be accomplished in such a manner that existing improvements shall not be distur bed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee, The parties intend that the benefits, burdens, and obligations set forth in this Easement shall run with the land and shall be binding on the successors, heirs and assign of parties hereto . Dated this ___________ day of ____________________, 2011. ACCEPTED BY: STATE OF WASHINGTON, State Board for Community and Technical Colleges, Green River Community Colleges, B y : Dennis R. Dowdy acting through th e Department of Enterprise Services Title: Howard S. Cox, Chief Property Officer Division of Facil ities, Real Estate Services Date: Date: Jane Rushford, Deputy Director Title: D a t e : APPROVED AS TO FORM: B y : A s s i s t a n t A t t o r n e y G e n e r a l D a t e : DI.A Slope Easement Page 3 of 7 STATE OF WASHINGTON ) )s s . COUNTY OF THURSTON ) I, the undersigned, a Notary Public, do hereby certify that on this day of , 20 , personally appeared before me HOWARD S. COX, Ch ief Property Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington , to me known to be the individual described in and who executed the within instrument, an d acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses there in mentioned, and on oath stated that he was duly authori zed to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal t he day and year first above written. Notary Public in and for the State of Washington R e s i d i n g a t M y a p p o i n t m e n t e x p i r e s STATE OF WASHINGTON ) )s s . COUNTY OF THURSTON ) I, the undersigned, a Notary Public, do hereby certify that on this day of , 20 , personally appeared before me JANE RUSHFORD, Deputy Director, Departm ent of Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged th at she signed and sealed the same as th e free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated tha t she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal t he day and year first above written. Notary Public in and for the State of Washington R e s i d i n g a t M y a p p o i n t m e n t e x p i r e s DI.A Slope Easement Page 4 of 7 DI.A Slope Easement Page 5 of 7 DI.A Slope Easement Page 6 of 7 DI.A Slope Easement Page 7 of 7 DI.A Water and Storm Dr ainage Easement Page 1 of 8 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WATER AND STORM DRAINAGE EASEMENT FAC10-0005 Reference # (if applicable): N/A Grantor/Borrower: State of Washi ngton, State Board for Community and Technical Colleges, Green River Community College, acting through the Department of Enterprise Services Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW ¼ S9 – T21N – R5E Assessor’s Tax Parcel ID#: a portion of 092105-9020 For and in consideration of the su m of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of whic h is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Green River Community College hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assi gns, a perpetual Nonexclusive Easement under, over, through and across the following de scribed real property (“Easement Area”) for the purpose of laying, maintaining, and installing water main line, storm drainage line, storm drainage treatment wet-pond , AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-des ignated Tax Parcel (“Parent Parcel”), and described as follows: SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the absolute right, at times as may be necessary, for immediate entry upon said Easement Area fo r the purpose of maintenance, inspection, construction, repair or reconstruction of the above improvements without incurring any legal obligation or liability therefore. DI.A Water and Storm Dr ainage Easement Page 2 of 8 Said Grantee shall have the absolute right to place any type of driving surface within said Easement Area deemed necessary by the Grantee. Said Grantor shall not in any way block, restrict or impede access and egress to or from said Easement Area, and/or in any way bl ock, restrict or impede full use of the real property within the above-described Ease ment Area by said Grantee for the above-described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill mate rial be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area, provided that a gate is construc ted in said fence. Said gate shall be of sufficient length and location to allow the Gr antee full use of, and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the Grantee. No excavation shall be made within three (3) feet of said water or storm service facilities and the surface level of the ground with in the Easement Area shall be maintained at the elevation as currently existing. Said Grantor grants to the City the right of ingress and egress to the Easement Area over and across all paved, graveled, or ot herwise improved driveways or parking lots within the Parent Parcel. If direct access to the Easement Area is not available from such driveways or parking lots, the City’s right of ingress and egress shall include such other areas within the Parent Parcel as the City determines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition reasonably comparable to its cond ition as it existed immediately before entry and/or work was made thereon by the City or its agents. Said Grantor additionally grants to the City, the use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of sa id water or storm facilities. The use of such additional area shall be held to a reasona ble minimum and in the case of any damage or disruption of the Parent Parcel, the C ity shall return the property to a condition reasonably comparable to its condition as it ex isted immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any eas ement or other right of usage in the Parent Parcel that would impair or limit the City’s use of the Easement Area. This Easement shall be a covenant running with the Parent Parcel and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. DI.A Water and Storm Dr ainage Easement Page 3 of 8 IN WITNESS WHEREOF, the parties subscribe their names. STATE OF WASHINGTON State Board for Community and Technical Colleges, Green River Community College Acting through the Department of Enterprise Services Howard S. Cox, Chief Property Officer Facilities Division Real Estate Services Date: Jane Rushford, Deputy Director Date: APPROVED AS TO FORM: B y : Assistant Attorney General Date: DI.A Water and Storm Dr ainage Easement Page 4 of 8 STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who ex ecuted the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services, State of Washington, to me known to be the indi vidual described in and who executed the within instrument, and acknowledged that she signed and sealed the sa me as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s HS/tlb File: #1290 REF: H:\Development\Projects\GRCC - 124 TH ST IMP\Legal Documents\2011 DI.A Water and Storm Dr ainage Easement Page 5 of 8 DI.A Water and Storm Dr ainage Easement Page 6 of 8 DI.A Water and Storm Dr ainage Easement Page 7 of 8 DI.A Water and Storm Dr ainage Easement Page 8 of 8 DI.A Utility Easement Page 1 of 7 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. UTILITY EASEMENT FAC10-0005 Reference # (if applicable): N/A Grantor/Borrower: State of Washi ngton, State Board for Community and Technical Colleges, Green River Community College, acting through the Department of Enterprise Services Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SW ¼ S9 – T21N – R5E Assessor’s Tax Parcel ID#: A portion of 092105-9020 For and in consideration of the su m of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of whic h is hereby acknowledged, and for benefits to be derived by the Grantor herein, Grantor, Green River Community College hereby conveys and warrants to the City of Auburn, Grantee herein, a municipal corporation of King County, Washington, its successors and assi gns, a perpetual Nonexclusive Easement under, over, through and across the following de scribed real property (“Easement Area”) for the purpose of laying, maintaining, and installing street lighting cabinet, telecommunications pull box , AND APPURTENANCES THEREOF, said Easement Area being a portion of the above-designated Ta x Parcel (“Parent Parcel”), and described as follows: SEE EXHIBITS “A” AND “B”, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Said Grantee shall have the right, at times as may be necessary, for immediate entry upon said Easement Area for the purpose of maintenance, inspection, construction, repair or reconstruction of the above impr ovements without incurring any legal obligation or liability for said entry that is not caused by the Grantee’s negligence. Said Grantee shall have the right to place any t ype of driving surface within said Easement Area deemed necessary by the Grantee. DI.A Utility Easement Page 2 of 7 Said Grantor shall not, in any way block, restrict or impede full use of the real property within the above-described Ease ment Area by said Grantee for the above-described purposes. No building, wall, rockery, fence, trees or structure of any kind shall be erected or planted, nor shall any fill mate rial be placed within the boundaries of said Easement Area, without the express written consent of the City. With City permission, Grantor may fence across said Easement Area and/or along the boundaries of said Easement Area and the Parent Parcel, provided th at a gate is constructed in said fence. Said gate shall be of sufficient length and location to allow the Grantee full use of, and access and egress to and from the Easement Area. If said gate is to be locked, keys shall be provided to the Grantee. Without the written approval of the Grantee, the Grantor shall make no excavation within three (3) feet of said lighting or te lecommunications service facilities or change the surface level of the ground within the Easement Area from the current elevation. The Grantee shall not unreasonably withhold such approval. Said Grantor grants to the City the right of ingress and egress to the Easement Area over and across all paved, graveled, or ot herwise improved driveways or parking lots within the Parent Parcel. If direct access to the Easement Area is not available from such driveways or parking lots, the City’s right of ingress and egress shall include such other areas within the Parent Parcel as the City de termines are necessary to access the Easement Area from such driveways and parking lots or from the Parent Parcel’s boundaries. In the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition as good as or better than it existed immediately before entry and/or work was made thereon by the City or its agents. Said Grantor additionally grants to the City, the use of such additional area immediately adjacent to said Easement Area as shall be required for the construction, reconstruction, maintenance and operation of said lighting or telecommunications facilities. The use of such additional area sha ll be held to a reasonable minimum and in the case of any damage or disruption of the Parent Parcel, the City shall return the property to a condition as good as or better than its condition as it existed immediately before entry and/or work was made thereon by the City or its agents. In addition to the other restrictions herein, Grantor shall not convey to a third party any easement or other right of usage in the Parent Parcel that would impair or limit the City’s use of the Easement Area. The parties intend that the benefits, burde ns, and obligations set forth in this Easement shall run with the Parent Parcel a nd burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. DI.A Utility Easement Page 3 of 7 IN WITNESS WHEREOF, the parties subscribe their names. STATE OF WASHINGTON State Board for Community and Technical Colleges, Green River Community College Acting through the Department of Enterprise Services Howard S. Cox, Chief Property Officer Facilities Division Real Estate Services Date: Jane Rushford, Deputy Director Date: APPROVED AS TO FORM: B y : Date: Assistant Attorney General DI.A Utility Easement Page 4 of 7 STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who ex ecuted the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Enterprise Services, State of Washington, to me known to be the indi vidual described in and who executed the within instrument, and acknowledged that she signed and sealed the sa me as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s HS/tlb File: #1290 REF: H:\Development\Projects\GRCC - 124 TH ST IMP\Legal Documents\2011 DI.A Utility Easement Page 5 of 7 DI.A Utility Easement Page 6 of 7 DI.A Utility Easement Page 7 of 7 DI.A Right of Way Dedication Deed Page 1 of 6 Return Address: City of Auburn City Clerk 25 West Main Street Auburn, WA 98001-4998 Above this line reserved for recording information RIGHT OF WAY DEDICATION DEED FAC10-0005 Reference # (if applicable): N/A Grantor/Borrower: State of Washington, State Board for Community and Technical Colleges, Green River Community College, acting through the Department of Enterprise Services Grantee/Assignee/Benefici ary: City of Auburn Legal Description/STR: SW ¼ S9 – T21N – R5E Assessor’s Tax Parcel ID#: A PORTION OF 092105-9020 The Grantor, State of Washington, State Board for Community and Technical Colleges, Green River Community College, acting through the Depa rtment of Enterprise Services, for and in consideration of ten dollars, and other good and valuable considera tion, in hand paid, dedicate and convey to the Grantee, CITY OF AUBURN a municipal corporat ion of the State of Washington, an easement for right of way, public street and public utility purposes, to the same effect as if acquired by eminent domain under the laws of the State of Washington, the following described real property: A Right-of-Way described as follows: S ituated in the County of King, State of Washington. SEE EXHIBITS ‘A’ AND ‘B’ ATTA CHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DI.A Right of Way Dedication Deed Page 2 of 6 IN WITNESS WHEREOF, the parties subscribe their names. STATE OF WASHINGTON State Board for Community and Technical Colleges, Green River Community College Acting through the Department of Enterprise Services Howard S. Cox, Chief Property Officer Facilities Division Real Estate Services Date: Jane Rushford, Deputy Director Date: APPROVED AS TO FORM: B y : Date: Assistant Attorney General DI.A Right of Way Dedication Deed Page 3 of 6 STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me HOWARD S. COX, Chief Property Officer, Division of Facilities, Real Estate Services, Department of Enterprise Services, State of Washington, to me known to be the individual described in and who executed the within instrument, and acknowledged that he signed and sealed the same as the free and voluntary act and deed of the Department, for the purposes and uses therein mentioned, and on oath stated that he was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and a ffixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s STATE OF WASHINGTON ) ) s s . County of Thurston ) I, the undersigned, a Notary Public, do hereby certify that on this _________ day of ____________________, 20______, personally appeared before me JANE RUSHFORD, Deputy Director, Department of Ente rprise Services, State of Washington, to me known to be the individual described in and who executed the within i nstrument, and acknowledged that she signed and sealed the same as the free and voluntary act and dee d of the Department, for the purposes and uses therein mentioned, and on oath stated that she was duly authorized to execute said document. In Witness Whereof I have hereunto set my hand and a ffixed my official seal the day and year first above written. Notary Public in and for the State of Washington, R e s i d i n g a t M y c o m m i s s i o n e x p i r e s HS/tlb File: #1290 REF: H:\Development\Projects\GRCC - 124 TH ST IMP\Legal Documents\2011 DI.A Right of Way Dedication Deed Page 4 of 6 DI.A Right of Way Dedication Deed Page 5 of 6 DI.A Right of Way Dedication Deed Page 6 of 6 DI.A AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6379 Date: October 18, 2011 Department: Finance Attachments: BA#6 Budget Impact: $43,205,753 Administrative Recommendation:City Council to introduce and adopt Ordinance No. 6 379.Background Summary:Under State law, cities operating under a biennial budget are required to adopt a mid-term budget ordinance to amend second year appropri ations for changes incurred during the first half of the biennium. Ordinance No. 6379 amends the 2012 Adopted Budget (of the 2011-2012 biennium) as follows: - Updates revenue for forecasted changes in estimat ed beginning fund and working capital fund balances, water utility sales, and gen eral fund property taxes and electrical utility tax collections; - Recognizes spending authority granted under previ ous budget amendments; - Requests additional items for inclusion in the 20 12 budget; and - Amends the 2012 budget to reflect changes consist ent with the Preliminary 2012-17 Capital Facilities Plan. Detailed discussion of the above is included in the attached transmittal memorandum and supporting attachments. Reviewed by Council Committees:Finance, Municipal Services, Planning And Community Development, Public Works Councilmember:Norman Staff:Coleman Meeting Date:October 24, 2011 Item Number:DI.B AUBURN * MORE THAN YOU IMAGINED DI.B Interoffice Memorandum To: City Council From: Shelley Coleman, Finance Director CC: Pete Lewis, Mayor Date: October 24, 2011 Re: 2012 B udget Amendment #6 Attached is proposed budget am endment #6 for your review 1 . Significant changes included in this amendment include the following: Revenue updates. The following changes are proposed to 2012 budgeted re venues: o Beginning fund balances : Beginning 2012 fund balances and working capital fund balances are adjusted to reflect estimated 2011 ending fund /working capital balances. Once actual 2011 ending balances are available (approximate ly 2 nd quarter 2012), beginning fund/working capi tal balances will be adjusted to reflect actuals. o Water utility water sales : Budgeted 2012 water sales is adjusted to reflect lower re venue collections due to water conservation efforts and a decrease in wholesale water sales. o General Fund revenues : Property taxes are increased by $400,000 reflecting prelimina ry property tax assessment information from King and Pierce counties and electrical utility tax revenues are increased by $368,000 reflecting generally hig her revenue collection trends. Recognize continued spending authority from previous b udget amendments. As the City operates on a biennial basis, some 2011 budget amendments approved have an ongoing fiscal impact (such as a new position added or amendments that revi se the ending fund balance for carryforward to the next year) for which 2012 spending authorit y is required to enable the City to fully fund these financial obligations. This budget amendm ent recognizes these on-going financial commitments. Additional 2012 Budget Requests. This proposed budget amendment include several requests for additional items for inclusion in the 2012 budget. Signficant items include: o Fleet Manager o Economic Development Manager o Police Officer (supernumerary ) to backfill an existing posi tion out on extended military leave o Crime Analyst o Police Secretary o SCORE jail costs to reflect actual higher jail bed days. o City Hall remodel 1 Previously approved (and pending) budget amendments include: #1: Ord 6351 (Feb 2011); #2: Ord 6352 (Apr 2011); #3: Ord 6362 (Jul 2011); #4: Ord 6370 (Sep 2011); #5 (Ord 6378 – pending Dec 2011) DI.B o Traffic signal LED light replacement o Employer Pension Rate changes. The State of Washington manages the Public Employee Retirement System (PERS). PERS is fund ed by contributions from employees and employers, rates for which are determined by an actuarial an alysis by the State based on the current and forecasted financial needs of the PERS program. The State recently announced changes to the contribution rates, with rates for employers increasing from 5.31% to 7.07% effective July 1, 2011 and a second change from 7.07% to 7.25% effective September 1, 2011. Approval of this amendme nt would revise the City’s 2012 budget by $255,000 in the General Fund and $217,000 in the Cit y’s other funds. o Non-Paid Furlough policy. As you are aware, in December 20 09 due to weakness in the City’s financial condition, the City implemented a poli cy of reducing salaries and benefits equal to 40 hours of unpaid leave (non-paid furlough). Th ese reductions were negotiated with Teamsters Local Union #117 (outside teamsters) and app lied to non-affiliated employees and covered calendar year 2010. Subsequent discussio ns and agreements extended the non-paid furlough policy to calendar years 2011 and 2012. In addition, separate agreements with the Police commander s, Police non-commissioned employees and inside City teamsters collective bargaining u nits were also reached in 2010 whereby a percentage of their pay and/or the City’s VEBA contribution were offered in lieu of the non-paid furlough policy. The same was also appl ied to the Mayor, Council, and non-affiliated NAC employees, except the municipal judge. Simi lar agreements were reached for 2011 and 2012 with the Police commanders, Police non-co mmissioned employees, and inside City teamsters collective bargaining units. In 2011, the Mayor, Council, and non-affiliated NAC employees, except the municipal judge, continue the 2010 plan. Early in 2011, an agreement was negotiated with the Police Guild to move their medical plan from AWC Plan A to AWC Preferred Provider Option and no cost of living increases for 2011 and 2012. This budget adjustment amends the 2012 adopted budge t consistent with the negotiated agreements summarized above. For further detail on the proposed amendments to the 2012 budget, refer to Attachment 1 . 2012-2017 Capital Facility Plan revisions. The City’s six-year Capital Facilities Plan serves as one of the primary policy documents used to guide city-wide capi tal improvements consistent with the adopted Comprehensive Plan. The six-year CFP is updated each year to reflect changes to project scheduling, funding sources, and/or City policy and service needs. Modification of the 2012 adopted budget is needed to maintain alignment with the revised CFP. A schedule of significant changes in the six-year CFP is attached (Attachment 2 ). Council’s approval of the proposed amendments would re sult in an increase to the overall 2012 City budget of $43.2 million. DI.B Table 1 below summarizes the 2012 budget, as amended, under this proposed Ordinance: Table 1: 2012 Budget As Amended As Adopted (Ord 6339) $181,454,903 Budget Adjustments General Fund 1,797,750 Parks Construction Fund 18,456,895 Capital Improvements Fund 3,282,059 Water Fund 5,926,668 Sewer Fund 6,260,255 Stormwater Fund 3,368,046 All Other Funds 4,114,080 Total BA#6 (Ord #6379) 43,205,753 Budget as Amended $224,660,656 Attachments: 1. Summary of proposed budget adjustments 2. Schedule of significant changes to 2012-2017 Capital Facilities Plan 3. Proposed Ordinance #6379 (budget adjustment #6) 4. Summary of proposed 2012 budget adjustments by fund and department (Schedule A) DI.B Attachment 1 Summary of Proposed Budget Adjustments Previously Approved Budget Adjustments Budget Adjustment #1 (Ord 6351) 1. Probation Counselor 2. Council Secretary 3. Senior Center Assistant Budget Adjustment #3 (Ord 6362) 4. Community Services Crew Leader 5. Alive at 25 Defenisve Driving program 6. Street Vegetation Manager – mo ve funding to Stormwater Fund Budget Adjustment #4 (Ord 6370) 7. Marketing and Promotions Coordinator 8. Senior Accountant 9. Court Bailiff Other 10-12. Animal Shelter Interior, Exterior improvements and startup cost s (Res 4747) 13. Information Services support to Algona/Pacifi c/VRFA (Res 4683 & 4748) Proposed Budget Adjustments 14-36. See attached for details DI.B 2011 2011 2011 Attachment 2 Schedule of Significant Changes to 2012 Capital Facilities Plan DI.B Fund 102 CFP -Capital Project Changes for 2012 Detail of Chan g e s f r o m P r io r Y e ar C F P A Street NW, Ph 1 1,687,500 AWS Corridor Improvement -Phase 1(574,300) M Street Grade Separation(5,435,300) I Street NE Corridor (40th St NE to 52nd St NE)409,300 So. 277th-AWN to Green River Brid g e(276,500) A Street NW, Ph 2 (162,000) West Valley Hwy Imp. (SR 18 to West Main)5,000 8th Street NE -U Turn Improvements332,000 AWN & 1st St NE Si g nal Improvements(20,000) Auburn Way So & M St SE Intersection75,000 F Street SE & 4th St SE Traffic Si g nal1,000 41st St. SE & A St SE Access Mana g ement Study2,000 104th Ave SE & Green River Road Stud y 3,000 Downtown Les Gove Non Motorized Imp. Study10,000 S 316th St Bicycle & Pedestrian Imp. Study5,000 37th St SE & R St SE Pedestrian Connecto r 1,000 Mary Olson Farm Improvements1,000 Lea Hill Pedestrian Improvement373,500 AWS Corridor Improvement (Fir St SE)2,736,700 Total Adjustment for Capital Projects (826,100) DI.B Detail of Changes Park Acquisition / Development370,000 Isaac Evans Par k 25,000 Auburn Community Cente r 17,660,000 Veterans' Park Improvement(50,000) Les Gove Improvements25,000 Shaughnessy Park Improvements15,000 Game Farm Park 70,000 Roegner Park (130,000) Auburndale Park (25,000) Fenster Levee Setback, Phase 2B439,200 Net Adjustment for Capital Projects 18 ,3 9 9 ,2 0 0 Detail of Changes City Hall HVAC 626,500 City Hall Remodel500,000 Mohawks Plastics Site15,000 Public Art 30,000 Net Adjustment for Capital Projects 1,17 1,5 0 0 F u nd 3 2 1 C F P -C ap it al P r o j e c t C h ange s f o r 2 0 1 2 Fund 328 CFP -Capital Project Changes for 2012 Fund 330 CFP -Capital Project Changes for 2012 Detail of Changes Downtown Promenade Improvements145,000 Citywide Wayfinding Signage61,000 Downtown Pedestrian Lighting39,500 Downtown Sculpture Garden10,000 NW City Hall Plaza Improvemen t 388,000 Downtown Furniture25,000 Net Adjustment for Capital Projects 6 6 8 ,5 0 0 DI.B Ut il it y F u nd s C F P -C ap it al P r o j e c t C h ange s f o r 2 0 1 2 Detail of Changes Well 1 Improvements580,000 Intertie Infrastructure503,000 Lakeland Hills Reservoir 6100,000 Lakeland Hills Booster Pump Station77,000 Academy Booster Pump Station2,752,700 Well 4 Intertie Pump Station Improvements100,000 MIT Master Meters 80,000 Water Resources protection program(17,500) Annual Reservoir repair & replacement(40,000) SCADA Upgrades 760,700 Fulmer Well Field Improvements200,000 M Street Grade Separation150,000 Lea Hill PRV Station Improvements(150,000) Deduct Meter Replacement50,000 A Street NW Corridor206,000 N e t Ad j u s t m e nt f o r C ap it al P r o j e c t s 5 ,3 5 1,9 0 0 Power Generators 100,000 Lea Hill Pump Station Decommissioning15,000 Ellingson Pump Station Replacement15,000 2009 - 2010 Sanitary Sewer Repair & Replace m 485,100 Water Utility Fund Sewer Utility Fund Net Adjustment for Capital Projects 6 15 ,10 0 S. 296th Street Pond Expansion, Phase 1 & 2550,000 Bry's Cove Pond Expansion75,000 Port of Seattle Mitigation project100,000 White River Storm Pump Station Replacement5,000 Auburn Way South Flooding, Phase 1 & 21,638,000 30th Street NE Area Flooding Phase 1250,000 Brannan Park Pump Station Relocation(50,000) Net Adjustment for Capital Projects 2 ,5 6 8 ,0 0 0 Storm Utility Fund DI.B Attachment 3 Ordinance #6379 DI.B ORDINANCE NO. 6379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AM ENDING ORDINANCE NO. 6339, THE 2011-2012 BIENNIAL BUDGET ORDINANCE AS AMENDED BY ORDINANCE N O. 6351, ORDINANCE NO. 6352, ORDINANCE NO. 6362, ORDINANCE 6370 AND ORDINANCE 6378 AUTHORIZ ING AMENDMENT TO THE CITY OF AUBURN 2011-2012 B UDGET AS SET FORTH IN SCHEDULE “A” WHEREAS, the Auburn City Council at it s regular meeting of December 6, 2010, adopted Ordinance No. 6339 which adopted the Ci ty of Auburn 2011-2012 Biennial budget; and WHEREAS, the Auburn City Council at its regular meeting of February 22, 2011, adopted Ordinance No. 6351 whic h amended Ordinance No. 6339 which adopted the City of Auburn 2011 -2012 Biennial budget; and WHEREAS, the Auburn City Council at it s regular meeting of April 4, 2011, adopted Ordinance No. 6352 which am ended Ordinance No. 6351; and WHEREAS, the Auburn City Council at it s regular meeting of July 18, 2011, adopted Ordinance No. 6362 which am ended Ordinance No. 6352; and WHEREAS, the Auburn City Council at it s regular meeting of September 6, 2011 adopted Ordinance No. 6370 whic h amended Ordinance 6362; and WHEREAS, the Auburn City Council at it s regular meeting of December 5, 2011 adopted Ordinance No. 6378 whic h amended Ordinance 6370; and WHEREAS, the City of Auburn deems it necessary to appropriate additional funds to the various funds of the 2012 budget; and ------------------------- Ordinance No. 6379 October 17, 2011 Page 1 of 3 DI.B WHEREAS, this Ordinance has been approved by one more than the majority of all councilpersons in accordance with RCW 35A.34.200. NOW THEREFORE, THE CITY COUNCI L OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Amendment of the 2011-2012 Biennial Budget. The 2011-2012 Biennial Budget of the City of Auburn is amended pur suant to Chapter 35A.34 RCW, to reflect the revenues and expenditu res as shown on Schedule “A” attached hereto and incorporated herei n by reference. The Mayo r of the City of Auburn, Washington is hereby authorized to ut ilize revenue and expenditure amounts shown on said Schedule “A”. A copy of said Schedule “A” is on file with the City Clerk and available for public inspection. Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or ci rcumstance is held to be invalid, the remainder of such code, ordi nance or regulation or the application ther eof to other person or circumstance shall not be affected. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out t he directives of this legislation. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after its pa ssage, approval and publication as provided by law. INTRODUCED: _______________ ------------------------- Ordinance No. 6379 October 17, 2011 Page 2 of 3 DI.B ------------------------- Ordinance No. 6379 October 17, 2011 Page 3 of 3 PASSED: ____________________ APPROVED: _________________ ____________________________ PETER B. LEWIS, MAYOR ATTEST: ____________________________ Danielle E. Daskam City Clerk APPROVED AS TO FORM: ____________________________ Daniel B. Heid City Attorney PUBLISHED:__________________ DI.B Attachment 4 Ordinance #6379 Details (Schedule A) DI.B General Fund (#001)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance General Fund 2012 Adopted Budget 10,487,938 49,252,800 54,612,340 5,128,398 BA#6 (Proposed)Adjust estimated beginning fund balance 1,064,250 1,064,250 Increase Property Tax 400,000 400,000 Electric Utility Tax 368,000 368,000 Mayor/Council Admin -Council Secretary per BA#1 Ordinance 6351 77,130 (77,130) Human Resources - EHM Probation Counselor per BA#2 Ordinance 6352 77,840 (77,840) HR-Community Service Crew leader per BA#3 Ordinance 6362 26,930 (26,930) Court Bailiff per BA#4 Ordinance 6370 31,040 (31,040) Alive @ 25 Defensive driving program revenue per BA#3 Ordinance 636 2 9,000 1 9,000 Alive @ 25 Defensive driving program per BA#3 Ordinance 6362 1,140 1 (1,140) Alive after 25 Defensive driving program revenue 4,500 2 4,500 Alive after 25 Defensive driving program 3,250 2 (3,250) Finance - Senior Accountant per BA#4 Ordinance 6370 49,120 (49,120) Planning Economic Development Manager 136,500 (136,500) Police - SCOS Schedule A Summary of 2012 Budget Adjustments by Fun d Budget Amendment # 6 Ordinance 6379 SCORE -Intergovernmental Jail Services 620,000 (620,000) Police Academy training costs 9,900 (9,900) Police Secretary 88,000 (88,000) Crime Analyst FTE plus office equipment ($2.5K)90,340 (90,340) Police Officer- supernumerary 94,490 (94,490) Public Works - Engineering-Traffic Signal LED lamp replacement 110,000 (110,000) Street/Vegetation Manager -50% Sal/Ben to Storm Fund per BA#3 Ord. 6362 (56,740) 4 56,740 Parks - Marketing & Promotions Coordinator offset by reduction in Animal Co ntrol Temp wages $37,980 per BA#4 Ordinance 6370 52,230 (52,230) Theater Rentals decrease $7K, Theater Tickets increase $13K, Thea ter Classes increase $12K; decrease Cultural Arts revenue $9.5K for programming @ Performance Arts Center 8,500 8,500 Senior Services - Contributions & Donations 8,500 3 8,500 Senior Services supplies funded by increase in donations & contribut ions 8,500 3 (8,500) Senior Center Assistant per BA#1 Ordinance 6351 52,010 (52,010) Downtown outdoor sculpture gallery project 10,000 (10,000) Parks- Move ArtRageous festival to downtown 4,000 (4,000) DI.B General Fund (#001)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance Other Adjustments - Fire Insurance Premium Tax- change in revenue recognition (65,000) 5 (65,000) Transfer Out to Fire pension fund- Fire insurance premium tax to be received directly to Fire pension fund (65,000) 5 65,000 Transfer Out to Facilities Fund for AVHS 300,000 6 (300,000) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 Mayor/Council 9,430 (9,430) Human Resources 33,830 (33,830) Finance 10,150 (10,150) City Attorney 16,410 (16,410) Planning 35,160 (35,160) Police 47,810 (47,810) Public Works 52,150 (52,150) Parks 40,590 (40,590) Streets 9,640 (9,640) Unpaid furlough day adjustment / VEBA contribution Mayor/Council (3,090) 3,090 Human Resources (21,560) 21,560 Finance (12,230) 12,230 City Attorney (19,480) 19,480 Planning (41,860) 41,860 Police (4,610) 4,610 Public Works (35,380) 35,380 Parks (46,020) 46,020 Streets - - (17,540) 17,540 BA#6 Total 1 ,064 ,250 733 ,500 1 ,774 ,080 23 ,670 BA#6 Total 1 ,064 ,250 733 ,500 1 ,774 ,080 23 ,670 2012 Revised Budge t 11,552,188 49,986,300 56,386,420 5,152,068 Total Resources / Expenditures 61,538,488 61,538,488 Arterial Street Fund (#102)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 265,018 14,715,500 14,806,900 173,618 BA#6 (Proposed)Adjust estimated beginning fund balance 982,406 982,406 Decrease Federal Grants per 2012-2017 CFP (4,737,300) (4,737,300) Increase State Grants per 2012-2017 CFP 6,980,900 6,980,900 Increase Interlocal Grants & Agreements per 2012-2017 CFP 1,429,100 1,429,100 Increase Contributions per 2012-2017 CFP 200,000 200,000 Reduce Public Works Trust Fund loan per 2012-2017 CFP (6,000,000) (6,000,000) Transfer In -Impact Fees per 2012-2017 CFP 522,000 7 522,000 Transfer In -REET 2 per 2012-2017 CFP 75,000 9 75,000 Transfer In Fund 328 per 2012-2017 CFP 50,000 10 50,000 Decrease Construction Projects per 2012-2017 CFP - - (826,100) 826,100 BA#6 Total 982,406 (1,480,300) (826,100) 328,206 2012 Revised Budge t 1,247,424 13,235,200 13,980,800 501,824 Total Resources / Expenditures 14,482,624 14,482,624 DI.B Local Street Fund (#103)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,095,806 2,155,000 2,000,000 1,250,806 BA#6 (Proposed)Adjust estimated beginning fund balance (277,271) (277,271) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 1,960 (1,960) Unpaid furlough day adjustment - - (1,850) 1,850 BA#6 Total (277,271) - 110 (277,381) 2012 Revised Budge t 818,535 2,155,000 2,000,110 973,425 Total Resources / Expenditures 2,973,535 2,973,535 Hotel Motel Fund (#104)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 15,726 79,400 85,000 10,126 BA#6 (Proposed)A djust estimated beginning fund balanc e (5,274) - - (5,274) BA#6 Total (5,274) - - (5,274) 2012 Revised Budge t 10,452 79,400 85,000 4,852 Total Resources / Expenditures 89,852 89,852 Arterial Street Preservation Fund (#105)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 35,089 1,501,500 1,500,000 36,589 BA#6 (Proposed )A d jtt itdbiifdbl 412761 412761 A djust estimated beginning fund balanc e 412,761 - - 412,761 BA#6 Total 412,761 - - 412,761 2012 Revised Budge t 447,850 1,501,500 1,500,000 449,350 Total Resources / Expenditures 1,949,350 1,949,350 Drug Forfeiture Fund (#117)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 513,237 298,700 298,230 513,707 BA#6 (Proposed )Adjust estimated beginning fund balance 168,633 - - 168,633 BA#6 Total 168,633 - - 168,633 2012 Revised Budge t 681,870 298,700 298,230 682,340 Total Resources / Expenditures 980,570 980,570 DI.B Housing and Community Development Grant Fund (#119)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 66,876 450,000 439,220 77,656 BA#6 (Proposed )Adjust estimated beginning fund balance (54,507) (54,507) Unpaid furlough day adjustment - - (1,470) 1,470 BA#6 Total (54,507) - (1,470) (53,037) 2012 Revised Budge t 12,369 450,000 437,750 24,619 Total Resources / Expenditures 462,369 462,369 Recreation Trails Fund (#120)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 15,377 7,200 - 22,577 BA#6 (Proposed)- - - - BA#6 Total - - - - 2012 Revised Budge t 15,377 7,200 - 22,577 Total Resources / Expenditures 22,577 22,577 Business Improvement Area Fund (#121)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 43,496 54,100 54,000 43,596 BA#6 (Proposed )Adjust estimated beginning fund balance (34,827) - - (34,827) BA#6 Total (34,827) - - (34,827) 2012 Revised Budge t 8,669 54,100 54,000 8,769 Total Resources / Expenditures 62,769 62,769 Cumulative Reserve Fund (#122)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 5,601,564 24,000 - 5,625,564 BA#6 (Proposed )Adjust estimated beginning fund balance (369,882) - - (369,882) BA#6 Total (369,882) - - (369,882) 2012 Revised Budge t 5,231,682 24,000 - 5,255,682 Total Resources / Expenditures 5,255,682 5,255,682 DI.B Mitigation Fees Fund (#124)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,665,773 902,000 1,120,700 1,447,073 BA#6 (Proposed )Adjust estimated beginning fund balance 78,393 78,393 Transfer Out Impact Fees to Fund 102 per 2012-2017 CFP 522,000 7 522,000 Transfer Out Impact Fees to Fund 328 per 2012-2017 CFP 15,000 8 15,000 - - - - BA#6 Total 78,393 537,000 - 615,393 2012 Revised Budge t 1,744,166 1,439,000 1,120,700 2,062,466 Total Resources / Expenditures 3,183,166 3,183,166 1998 Library Fund (#229)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 339,120 288,100 286,900 340,320 BA#6 (Proposed )Adjust estimated beginning fund balance (292,062) - - (292,062) BA#6 Total (292,062) - - (292,062) 2012 Revised Budge t 47,058 288,100 286,900 48,258 Total Resources / Expenditures 335,158 335,158 2010 Annex A&B Bond Debt Fund (#230)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget - 1,696,100 1,696,100 - BA#6 (Proposed)- - - - BA#6 Total - - - - 2012 Revised Budge t - 1,696,100 1,696,100 - Total Resources / Expenditures 1,696,100 1,696,100 2010 C&D Local Revitalization Debt Fund (#231)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 62,700 595,600 595,400 62,900 BA#6 (Proposed )Adjust estimated beginning fund balance 13,901 - - 13,901 BA#6 Total 13,901 - - 13,901 2012 Revised Budge t 76,601 595,600 595,400 76,801 Total Resources / Expenditures 672,201 672,201 DI.B LID Guarantee Fund (#249)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 52,500 500 11,000 42,000 BA#6 (Proposed )Adjust estimated beginning fund balance 1,087 - - 1,087 BA#6 Total 1,087 - - 1,087 2012 Revised Budge t 53,587 500 11,000 43,087 Total Resources / Expenditures 54,087 54,087 LID #250 (#250)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 447 55,600 55,500 547 BA#6 (Proposed)- - - - BA#6 Total - - - - 2012 Revised Budge t 447 55,600 55,500 547 Total Resources / Expenditures 56,047 56,047 LID #350 (#275)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget - 7,200 7,200 - BA#6 (Proposed)- - - - BA#6 Total - - - - 2012 Revised Budge t - 7,200 7,200 - /Total Resources / Expenditures 7,200 7,200 Municipal Park Construction Fund (#321)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 201,868 1,874,100 1,979,100 96,868 BA#6 (Proposed )Adjust estimated beginning fund balance 305,995 305,995 Decrease Property Taxes per 2012-2017 CFP (45,000) (45,000) Increase Federal grants per 2012-2017 CFP 167,900 167,900 Decrease State grants per 2012-2017 CFP (33,800) (33,800) Increase Interlocal grants per 2012-2017 CFP 375,000 375,000 New Market Tax Credit per 2012-2017 CFP 5,102,800 5,102,800 HUD 108 Loan per 2012-2017 CFP 2,000,000 2,000,000 Proceeds from Sale (QALICB) per 2012-2017 CFP 8,000,000 8,000,000 Misc. Revenue per 2012-2017 CFP 1,878,100 1,878,100 Transfer In REET 1 per 2012-2017 CFP 679,100 11 679,100 Transfer In from Storm Fund per 2012-2017 CFP 26,800 12 26,800 Increase Construction Projects per 2012-2017 CFP - - 18,399,200 (18,399,200) BA#6 Total 305,995 18,150,900 18,399,200 57,695 2012 Revised Budge t 507,863 20,025,000 20,378,300 154,563 Total Resources / Expenditures 20,532,863 20,532,863 DI.B Capital Improvements Fund (#328)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,390,706 1,737,700 1,159,100 2,969,306 BA#6 (Proposed )Adjust estimated beginning fund balance 3,267,059 3,267,059 Transfer In -Traffic Impact for Mohawks plastics 15,000 8 15,000 Increase Construction Projects per 2012-2017 CFP 1,171,500 (1,171,500) Increase REET 1 Transfer Out to City Hall Annex Debt Svc Fund 230 and decrease Facilities Fund Transfer Out for corresponding amount.105,000 13 (105,000) Transfer Out REET 1 to Fund 321 per 2012-2017 CFP 679,100 11 (679,100) Transfer Out REET 2 to Fund 102 per 2012-2017 CFP 75,000 9 (75,000) Transfer Out to Fund 102 per 2012-2017 CFP - - 50,000 10 (50,000) BA#6 Total 3,267,059 15,000 2,080,600 1,201,459 2012 Revised Budge t 5,657,765 1,752,700 3,239,700 4,170,765 Total Resources / Expenditures 7,410,465 7,410,465 Local Revitalization Fund (#330)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget - - - - BA#6 (Proposed )A djust estimated beginning fund balanc e 806,907 806,907 Increase Direct & Indirect Federal grants per 2012-2017 CFP 116,100 116,100 Increase Construction projects per 2012-2017 CFP - - 668,500 (668,500) BA#6 Total 806,907 116,100 668,500 254,507 2012 Revised Budge t 806,907 116,100 668,500 254,507 Total Resources / Expenditures 923,007 923,007 Water Fund (#430)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,577,279 11,624,400 12,867,420 1,334,259 BA#6 (Proposed )Adjust estimated beginning fund balance 7,080,418 7,080,418 Reduce Water Sales revenue (1,369,250) (1,369,250) Cell phone tower lease revenue 46,500 46,500 Build America Bonds Subsidy 169,000 169,000 Unpaid furlough day adjustment (48,260) 48,260 Employer Pension Rate Increase effective 7/01/11 & 9/01/11 55,410 (55,410) Senior Accountant per BA#4 Ordinance 6370 15,330 (15,330) Reduce Interfund payment for Annex Rent per BA#4 Ordinance 6370 (35,000) 14 35,000 Increase Debt Service per 2012-2017 CFP 34,870 (34,870) Increase Construction Projects per 2012-2017 CFP 5,351,900 (5,351,900) Reduce Administration professional services (104,000) 104,000 Reduce Operations minor equipment - - (200,000) 200,000 BA#6 Total 7,080,418 (1,153,750) 5,070,250 856,418 2012 Revised Budge t 9,657,697 10,470,650 17,937,670 2,190,677 Total Resources / Expenditures 20,128,347 20,128,347 DI.B Sewer Fund (#431)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 3,172,444 18,361,600 20,472,820 1,061,224 BA#6 (Proposed )Adjust estimated beginning fund balance 6,184,655 6,184,655 Build America Bonds Subsidy 75,600 75,600 Senior Accountant per BA#4 Ordinance 6370 15,330 (15,330) Reduce Interfund payment for Annex Rent per BA#4 Ordinance 6370 (35,000) 14 35,000 Increase Debt Service per 2012-2017 CFP 22,270 (22,270) Increase Construction Projects per 2012-2017 CFP 615,100 (615,100) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 42,900 (42,900) Unpaid furlough day adjustment - - (33,600) 33,600 BA#6 Total 6,184,655 75,600 627,000 5,633,255 2012 Revised Budge t 9,357,099 18,437,200 21,099,820 6,694,479 Total Resources / Expenditures 27,794,299 27,794,299 Storm Drainage Fund (#432)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,842,732 7,923,300 8,323,710 1,442,322 BA#6 (Proposed )Adjust estimated beginning fund balance 3,804,846 3,804,846 Build America Bonds Subsidy 63,200 63,200 Street/Vegetation Manager -50% Sal/Ben to Storm Fund per BA#3 Ord. 6362 56,740 4 (56,740) Senior Accountant per BA#4 Ordinance 6370 10,230 (10,230) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 51,530 (51,530) Unpaid furlough day adjustment (40,360) 40,360 Reduce System & Emerging issues in Lea Hill Annexation Area (50,000) 50,000 Reduce Flow monitoring contract (50,000) 50,000 Reduce SCADA support (50,000) 50,000 pp (,),Reduce Interfund payment for Annex Rent per BA#4 Ordinance 6370 (35,000) 14 35,000 Increase Debt Service per 2012-2017 CFP 18,590 (18,590) Decrease Port of Seattle funding received in prior years per 2012-2 017 CFP (500,000) (500,000) Transfer Out to Fund 321 per 2012-2017 CFP 26,800 12 (26,800) Increase Construction Projects per 2012-2017 CFP - - 2,568,000 (2,568,000) BA#6 Total 3,804,846 (436,800) 2,506,530 861,516 2012 Revised Budge t 5,647,578 7,486,500 10,830,240 2,303,838 Total Resources / Expenditures 13,134,078 13,134,078 DI.B Solid Waste Fund (#434)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 430,736 9,513,800 9,910,560 33,976 BA#6 (Proposed )Adjust estimated beginning fund balance (41,736) (41,736) Adjust est. revenues consistent with June 2011 rate study 1,258,660 1,258,660 Adjust est. Waste Management fees consistent with June 2011 Ra te study 753,290 (753,290) Increase Household Hazardous Waste revenues & expenses 88,000 88,000 - Reduce Investment Income (2,000) (2,000) Senior Accountant per BA#4 Ordinance 6370 5,110 (5,110) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 7,610 (7,610) Unpaid furlough day adjustment - - (9,150) 9,150 BA#6 Total (41,736) 1,344,660 844,860 458,064 2012 Revised Budge t 389,000 10,858,460 10,755,420 492,040 Total Resources / Expenditures 11,247,460 11,247,460 Airport Fund (#435)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 578,532 652,380 738,610 492,302 BA#6 (Proposed )Adjust estimated beginning fund balance 336,137 336,137 Employer Pension Rate Increase effective 7/01/11 & 9/01/11 330 (330) Unpaid furlough day adjustment (390) 390 Increase Construction Projects per 2012-2017 CFP - - 250,500 (250,500) BA#6 Total 336,137 - 250,440 85,697 2012 Revised Budge t 914,669 652,380 989,050 577,999 Total Resources / Expenditures 1,567,049 1,567,049 Cemetery Fund (#436)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 146,198 942,600 1,075,880 12,918 BA#6 (Proposed )Adjust estimated beginning fund balance 60,431 60,431 Senior Accountant per BA#4 Ordinance 6370 3,070 (3,070) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 2,880 (2,880) Unpaid furlough day adjustment (9,240) 9,240 Reduce Temporary Wages (6,400) 6,400 Reduce Inventory for resale & minor equipment (16,000) 16,000 Reduce professional services (4,000) 4,000 Reduce advertising - - (4,900) 4,900 BA#6 Total 60,431 - (34,590) 95,021 2012 Revised Budge t 206,629 942,600 1,041,290 107,939 Total Resources / Expenditures 1,149,229 1,149,229 DI.B Golf Course Fund (#437)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 95,488 1,877,700 1,943,550 29,638 BA#6 (Proposed )Adjust estimated beginning fund balance 185,924 185,924 Employer Pension Rate Increase effective 7/01/11 & 9/01/11 9,200 (9,200) Unpaid furlough day adjustment (10,910) 10,910 Reduce other wages (38,000) 38,000 Reduce other inventory for resale (10,000) 10,000 Reduce repairs & maintenance - - (17,000) 17,000 BA#6 Total 185,924 - (66,710) 252,634 2012 Revised Budge t 281,412 1,877,700 1,876,840 282,272 Total Resources / Expenditures 2,159,112 2,159,112 Insurance Fund (#501)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,348,069 3,800 58,700 2,293,169 BA#6 (Proposed )Adjust estimated beginning fund balance (156,237) - - (156,237) BA#6 Total (156,237) - - (156,237) 2012 Revised Budge t 2,191,832 3,800 58,700 2,136,932 Total Resources / Expenditures 2,195,632 2,195,632 Facilities Fund (#505)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 346,439 3,658,200 3,548,540 456,099 BA#6(Proposed)BA#6 (P ropose d)Adjust estimated beginning fund balance 450,085 450,085 Reduce Interfund revenue from Water, Sewer & Storm utility funds f or Annex rent(105,000) 14 (105,000) Decrease Transfer Out to City Hall Annex Debt Svc Fund 230 and Increase REET 1 Transfer for corresponding amount (105,000) 13 105,000 Senior Center carpet replacement 30,000 (30,000) Transfer In from General Fund for AVHS Tenant Improvements 300,000 6 300,000 AVHS Start up costs -Vehicle, Minor Equipment & Licensing Fee 68,000 (68,000) AVHS -Exterior Improvements 79,490 (79,490) AVHS -Interior Tenant Improvements 530,300 (530,300) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 11,720 (11,720) Unpaid furlough day adjustment - - (9,840) 9,840 BA#6 Total 450,085 195,000 604,670 40,415 2012 Revised Budge t 796,524 3,853,200 4,153,210 496,514 Total Resources / Expenditures 4,649,724 4,649,724 DI.B Information Services Fund (#518)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,097,797 4,351,070 5,006,990 1,441,877 BA#6 (Proposed )Adjust estimated beginning fund balance 286,836 - - 286,836 Increase intergovernmental service revenue for technical support - Algo na - 12,000 - 12,000 Increase intergovernmental service revenue for technical support - Pacif ic 36,000 36,000 New FTE for intergovernmental technical support 86,740 (86,740) NetMotion security software 25,000 (25,000) Upgrade Laser fiche document management software 24,700 (24,700) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 29,240 (29,240) Unpaid furlough day adjustment - - (27,280) 27,280 BA#6 Total 286,836 48,000 138,400 196,436 2012 Revised Budge t 2,384,633 4,399,070 5,145,390 1,638,313 Total Resources / Expenditures 6,783,703 6,783,703 Equipment Rental Fund (#550)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,858,954 3,073,250 3,098,660 2,833,544 BA#6 (Proposed )Adjust estimated beginning fund balance 803,831 803,831 Senior Accountant per BA#4 Ordinance 6370 2,040 (2,040) New FTE -Fleet Manager 103,650 (103,650) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 3,820 (3,820) Unpaid furlough day adjustment - - (7,670) 7,670 BA#6 Total 803,831 - 101,840 701,991 2012 Revised Budge t 3,662,785 3,073,250 3,200,500 3,535,535 TotalResources/Expenditures 6736035 6736035 T o t a l R esources / E xpen dit ures 6 ,736 ,035 6 ,736 ,035 Fire Pension Fund (#611)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 2,732,932 90,000 147,450 2,675,482 BA#6 (Proposed )Adjust estimated beginning fund balance (10,061) (10,061) Fire insurance premium-change in revenue recognition 65,000 5 65,000 Reduce transfer in from General Fund for Fire insurance premium (65,000) 5 (65,000) Senior Accountant per BA#4 Ordinance 6370 2,040 (2,040) Employer Pension Rate Increase effective 7/01/11 & 9/01/11 200 (200) Unpaid furlough day adjustment - - (240) 240 BA#6 Total (10,061) - 2,000 (12,061) 2012 Revised Budge t 2,722,871 90,000 149,450 2,663,421 Total Resources / Expenditures 2,812,871 2,812,871 DI.B Cemetery Endowment Fund (#701)Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 1,552,162 54,700 22,300 1,584,562 BA#6 (Proposed )Adj us t es ti ma t e d b eg i nn i ng f un d b a l anc e 8,145 - - 8,145 BA#6 Total 8,145 - - 8,145 2012 Revised Budge t 1,560,307 54,700 22,300 1,592,707 Total Resources / Expenditures 1,615,007 1,615,007 Grand Total - All Funds Beg. Fund Balance 2012 Revenues 2012 Expenditures Ending Fund Balance 2012 Adopted Budget 43,633,003 137,821,900 147,921,880 33,533,023 BA#6 (Proposed )25,060,843 18,144,910 32,139,610 11,066,143 2012 Revised Budge t 68,693,846 155,966,810 180,061,490 44,599,166 Total Resources / Expenditures 224,660,656 224,660,656 October 19, 2011 Prepared by Auburn Financial Planning F:\Budget Directory\2012 Budget\Amendments\BA#6\Budget Adjustments Su mmary DI.B AGENDA BILL APPROVAL FORM Agenda Subject: Downtown Parking Managment Study*Date: October 19, 2011 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:For discussion only.Background Summary:Work on the Comprehensive Downtown Parking Manageme nt Plan commenced in August 2011 per approval of the Draft Work Plan by PCDC on July 11, 2011. The Draft DUC On-Street and Off-Street Parking Supply and Demand Analysis is a deliverable of Task 1: Supply/Demand Analysis. Other tasks/objectives for the Comprehensive Downto wn Parking Management Plan include: *Specific/general public outreach to gather informa tion, issues, and perspectives from businesses, business organizations, users, and other interested parties; *Evaluation of turue parking conditions inclusive o f potential parking needs for downtown redevelopmen t efforts; *Analysis of financing options for public parking, public-private parking, and other parking scenarios ; *Identificiation/evaluation of appropriate parking managmenet strategies for public parking facilities ; and, *Presentation of short-term and long-term parking m anagement strategies for review by the Mayor's Office, City Council, staff, and affected parties. The report surveys the supply of on- and off-street parking within the DUC with respect to the followi ng: types of on- and off-street parking, physical condi tions, and consistency with City Code. Additionally ,the report summarizes the observations of occupied park ing spaces (with respect to weekday, weekend, special event, and turnover of parking) and analyze s the implications of such observations. At the October 24, 2011 PCDC meeting, Committee memb ers will provide feedback for staff to further refine the Draft DUC On-Street and Off-Street Parki ng Suply and Demand Analysis for readability and other factors impacting the report's effectiveness at providing an overview of DUC parking conditions. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINED DI.C Councilmember:Norman Staff:Chamberlain/Yao Meeting Date:October 24, 2011 Item Number:DI.C AUBURN * MORE THAN YOU IMAGINED DI.C AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4755 Date: October 14, 2011 Department: Public Works Attachments: Resolution No. 4755 Staff Report Vicinity Map Budget Impact: $0 Administrative Recommendation:City Council to adopt Resolution No. 4755.Background Summary:Terry Home, Inc has applied to the City for vacatio n of the right-of-way of 8th Street NE, west of A S treet NE shown on Exhibit "B". The applicant currently ow ns two parcels immediately south of the right-of-wa y and is proposing to incorporate the right-of-way in to their development plans for these parcels. The application has been reviewed by City staff and utility purveyors who have an interest in this rig ht-of-way. Through this review City staff has determined that the right-of-way is no longer needed to meet t he needs of the City and that a public hearing should be set to determine if said right-of-way may be vac ated. Resolution No. 4755, if adopted by City Council, se ts the date of the public hearing for December 5, 2 011. Reviewed by Council Committees:Planning And Community Development, Public Works Councilmember:Norman Staff:Mund Meeting Date:October 24, 2011 Item Number:DI.D AUBURN * MORE THAN YOU IMAGINED DI.D ---------------------------- Resolution No. 4755 August 29, 2011 Page 1 RESOLUTION NO. 4755 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR VACATION AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF 8 TH STREET NE, WEST OF A STREET NE, WITHIN THE CITY OF AUBURN, WASHINGTON. WHEREAS, the City of Auburn, Washingt on, has received a petition signed by owners of at least two-thirds (2 /3) of the property abutting righ t-of-way at the location of 8 th Street NE, west of A Street NE and adja cent to Parcel Nos. 6053400525 , 0721059008 and 1321049057, within the City of Auburn, Washington, requesti ng that the same be vacated; and, WHEREAS, pursuant to Sectio n 35.79.010 of the Revised Code of Washington, a hearing on such vacation shall be set by Resolution, with the date of such hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of such Resolution. NOW, THEREFORE, TH E CITY COUNCIL OF TH E CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a heari ng on the vacation of 8 th Street NE, west of A Street NE, located within the City of Auburn, Wash ington, legally desc ribed as follows: THAT PORTION OF 8 TH STREET N.E., BEING 30 FEET IN WIDTH, LYING NORTHERLY OF AND ADJACENT TO LOT DI.D ---------------------------- Resolution No. 4755 August 29, 2011 Page 2 9, BLOCK 10, NEW ADDITION TO THE CITY OF AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 44 OF PLATS, PAGE 8, IN KING COUTY, WASHINGTON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE NORTH 00 ˚31’29” EAST A DISTANCE OF 30.07 FEET TO THE NORTHWEST CORNER OF SECTION 18, TOWNSHIP 21 NORTH, RANGE 5 EAST, OF THE WM., AND THE NORTHERLY LINE OF SAID 8 TH STREET N.E.; THENCE NORTH 86 ˚29’ 53” EAST ALONG SAID NORTHERLY LINE A DISTANCE OF 146.51 FEET TO THE NORTHERLY EXTENSION OF THE WEST RIGHT-OF-WAY LINE OF “A” STREET N.E.; THENCE SOUTH 00 ˚31’29” EAST ALON G SAID LINE A DISTANCE OF 30.07 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE SOUTH 86 ˚29’53” WEST ALONG THE NORTH LINE THEREOF AND ALONG THE SOUTHERLY LINE OF SAID 8 TH STREET N.E. A DISTANCE OF 146.51 FEET TO THE BEGINNING. CONTAINING 4,395.17 SQUA RE FEET, MORE OR LESS. SUBJECT TO ANY/ALL EASEMENTS OF RECORD. and as shown on the document attached hereto, marked as Exhibit “B” and incorporated herein by this reference, is hereby set for 7:30 p.m. on the 5th day of December, 2011, at the City Council Chambe rs at 25 West Main Street, Auburn, Washingt on, 98001, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Section 2. The Mayor is hereby authoriz ed to implement such administrative procedures as may be necessary to carry out t he directives of this legislation, including posting notice of such public hearing as required by State la w and City Ordinance. DI.D ---------------------------- Resolution No. 4755 August 29, 2011 Page 3 Section 3. This Resoluti on shall be in full force in effect upon passage and signatures hereon. DATED and SIGNED this day of , 2011. CITY OF AUBURN ______________________________________ P E T E R B . L E W I S Mayor Attest: ___________________________________ Danielle E. Daskam, City Clerk Approved as to Form: _____________________________ Daniel B. Heid, City Attorney DI.D Resolution No. 4755 August 29, 2011 Exhibit A DI.D Resolution No. 4755 August 29, 2011 Exhibit B DI.D R esolution No. 4755 August 29, 2011 Page 1 of 2 R I GHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V3-11 Applicant: Terry Home, Inc. Property Location: Right-of-Way located at 8 th Street NE west of A Street NE. Description of right-of-way: This ROW consists of 8 th Street NE west of A Street NE. The ROW is bordere d on the west by Parcel No. 1321049057, on the north by Parcel No. 0721059008 a nd on the south by Parcel No 6053400525 which is ow ned by the applicant. This portion of ROW is 4,395.17(+/-) square feet. The ROW was initially dedicated to the City of Aubu rn from The Auburn Development Co. through dedicati on of the plat New Auburn Addition, recorded in Volume 44 Plats, Page 8 and 9 of Records of King County, Was hington on April 19, 1947. See Exhibits “A” and “B” for legal description and survey. Proposal: The Applicant proposes that the City vacate the abo ve described right-of-way. Terry Home, Inc. is pro posing to incorporate this right-of-way as part of their deve lopment project of the two parcels immediately sout h of the right-of-way. Applicable Policies & Regulations: • RCW’s applicable to this situation - meets require ments of RCW 35.79. • MUTCD standards - not affected by this proposal. • City Code or Ordinances - meets requirements of AC C 12.48. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • This street vacation decreases the Right-of-Way ma intenance obligation of the City. • The vacated area may be subject to property taxes. Discussion: The vacation application was circulated to Puget So und Energy (PSE), Comcast, Qwest, Verizon and city staff. 1. PSE – PSE has existing electric facilities and w ill require an easement. 2. Water – Currently, there is an existing water ma in within the right-of-way to be vacated. As a con dition of approval, a public water utility easement within th e proposed vacation area shall be granted to the Ci ty. 3. Comcast – No comments. 4. Qwest – No comments. 5. Verizon – No comments. 6. Sewer – No comments. 7. Storm –No comments. 8. Transportation – The right-of-way requested to b e vacated is not required for transportation purpos es and is not designated in any city plans for roadway or non-motorized improvement. 9. Building – No comments. 10. Planning – No comments. DI.D R esolution No. 4755 August 29, 2011 Page 2 of 2 11. Fire – No comments. 12. Police – No comments. 13. Streets – No comments. 14. Information Services – No comments. 15. General Review – Any future development or buil ding over the vacated ROW will require that the developer/owner vacate necessary easements and relo cate all affected utilities prior to construction. 16. Construction – No comments. Assessed Value: ACC 12.48 states “The city council may require as a condition of the ordinance that the city be compen sated for the vacated right-of-way in an amount which does no t exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portion s thereof were acquired at public expense or have b een part of a dedicated public right-of-way for 25 years or mor e, compensation may be required in an amount equal to the full value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-w ay to be vacated based on the assessed values of comparable properties in the vicinity. If the value of the ri ght-of-way is determined by the city engineer to be greater than $2,000, the applicant will be required to provide t he city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The cit y reserves the right to have a second appraisal performed at t he city’s expense.” Note: The city engineer has no t required an appraisal for the value of this right-of-way sin ce the right-of-way was originally acquired through dedication of a Plat at no cost to the City. RCW 35.79.030 states the vacation “shall not become effective until the owners of property abutting up on the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which doe s not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the ow ners of the property abutting the street or alley t o compensate the city or town in an amount that does not exceed the full appraised value of the area vacated.” The right-of-way was acquired through dedication of a Plat on April 19, 1947 at no cost to the City. Recommendation: Staff recommends that the street vacation be grante d subject to the following conditions: 1. A public utility easement shall be reserved for City of Auburn water facilities along the entire le ngth and width of the vacated ROW. 2. An easement shall be reserved for Puget Sound En ergy electric facilities along the entire length an d width of the vacated ROW. 3. Staff recommends that compensation for the value of the right-of-way not be required since the righ t-of-way was originally acquired through dedication of a Plat at no cost to the City. DI.D DI.D AGENDA BILL APPROVAL FORM Agenda Subject: Community Services Update Date: October 20, 2011 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:For information only.Background Summary:Reviewed by Council Committees:Councilmember:Norman Staff:Hursh Meeting Date:October 24, 2011 Item Number:DI.E AUBURN * MORE THAN YOU IMAGINED DI.E AGENDA BILL APPROVAL FORM Agenda Subject: Cluster Subdivision Date: October 20, 2011 Department: Planning and Development Attachments: Open Space Example Budget Impact: $0 Administrative Recommendation:For discussion only.Background Summary:Summary: The Committee has recently discussed this issue at its August 22 and September 12 regular meetings. At the end of the Committee's September 12, 2011 meeti ng, the Committee directed that this matter be brought back to the October 24, 2011 meeting for co ntinued discussion. Overview: At the Committee's March 14, 2011 meeting, the Comm ittee and staff discussed ideas and issues for the development of cluster subdivision regulations in n on-urban separator areas. The Committee identified that the primary goals of cluster subdivision regul ations should be protection of environmentally sens itive areas and the preservation of on-site density oppor tunities. Staff seeks Committee guidance and direction on a r emaining issue from this previous conversation. Thi s issue pertains to the provision of privately owned and operated active open space (i.e. pocket parks, sport courts, etc.) in cluster subdivision projects. In p revious conversations, the Committee has discussed its interest in potentially having an active open space component in these projects, however, its inclusio n in a project could impact overall desired or needed dens ity because it could impact needed buildable residential land. Staff seeks Committee feedback on the following question pertaining to this issue: 1. Does the Committee want to promote the inclusion of privately owned and operated active open space within cluster subdivisions by offering density cre dit opportunity, i.e. reducing the lot area require ment for all or a portion of the lots and creating additiona l lots to help achieve desired density? Background: AUBURN * MORE THAN YOU IMAGINED DI.F As a general reminder, cluster subdivision developm ent is a development arrangement in which all buildings allowable on a site are concentrated on a portion of the site, leaving the remainder of the site undeveloped. This contrasts with the conventional l and development and subdivision approach, which is to divide an entire site into lots, each of which m eets minimum zoning lot size requirements and may b e used for building construction. By clustering build ings together on smaller lots rather than spreading development throughout the site, a developer has gr eater flexibility to design around environmental an d other constraints, without increasing the developme nt's overall density. Development standards and review criteria are normally developed to ensure th at lots are consistent with the desired character o f the zone, allowing lots to vary in size and shape, whil e still adhering to the planned density of the zone . Clustering offers opportunities to protect and buff er environmentally sensitive areas, to preserve imp ortant site features, to provide recreation areas or natur al open space Clustering also can reduce infrastruc ture costs for developers and communities since the leng th of roads and utility lines are reduced. Cluster development generally refers to residential develop ments, although they are sometimes defined to inclu de commercial or industrial development - please note that the City's previous conversations on the poten tial for cluster subdivision regulations outside of urba n separators has exclusively focused on residential developments. Director Snyder will provide a conceptual layout dr awing handout at the meeting per a request from Council Member Partridge. Reviewed by Council Committees:Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:DI.F AUBURN * MORE THAN YOU IMAGINED DI.F ACTIVE OPEN SPACE - Property Area = 1 acre; Zoning = R7; Lot Size = 5,000 s.f.; Density = 7 dwu/acre; Active Open Space = 8,000 s.f. (2 0% of original 1 acre gross property size) NON-ACTIVE OPEN SPACE - Property Area = 1 acre; Zoni ng = R7; Lot Size = 7,000 s.f.; Density = 6 dwu/acre; Active Open Space = None O ctober 10, 2011 PCDC Meeting - Cluster Subdivision Discussion – Representative Non-Active/Active Open Space Exhibit STREET STREET Wetland + Required Buffer Wetland + Required Buffer DI.F AGENDA BILL APPROVAL FORM Agenda Subject: Director's Report Date: October 19, 2011 Department: Planning and Development Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation:Background Summary:Reviewed by Council Committees:Planning And Community Development Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:DI.G AUBURN * MORE THAN YOU IMAGINED DI.G AGENDA BILL APPROVAL FORM Agenda Subject: PCDC Status Matrix Date: October 19, 2011 Department: Planning and Development Attachments: PCDC Matrix Budget Impact: $0 Administrative Recommendation:For information only, see attachment.Background Summary:Reviewed by Council Committees:Planning And Community Development Councilmember:Norman Staff:Snyder Meeting Date:October 24, 2011 Item Number:DI.H AUBURN * MORE THAN YOU IMAGINED DI.H P CDC Work Plan Matrix – October 24, 2011 October 24, 2011 Page 1 LAND USE CODES/POLICIES Topic/Issue Next on PCD Staff/Council Lead Comments 1 • Muckleshoot Tribe TBD Snyder Staff to stay in touch with Taylor and keep coordin ation & communication open with Tribe. 2 Code Update Work • Phase II Code Update Fall 2011 Wagner Includes non-residential zones and looking at retai l within industrial zones, parking, landscaping, variances, and other misc. co de changes. • Cluster Subdivision October 24 Snyder Staff seeking direction from Committee on active op en space. Staff will bring this before Planning Commission public hearin g for recommendations. • Cottage Housing Winter 2011/2012 Snyder Staff met with Committee on 3/28/11, Committee prov ided feedback. Staff to bring before Planning Commission for review and public hearing then back to PCDC. • Cell Towers – stealth design, antennas, and revenue TBD Taylor Will be incorporated as part of the othe r miscellaneous code amendments. • Environmental Park District Fall 2011 Snyder Code work to follow green zone sum mit in fall, 2011. • Master Plan Code Amendment November 14 Chamberlain Staff to bring proposed amendments to Planning Comm ission for review and public hearing then back to PCDC. • Compressed Natural Gas TBD Dixon Waiting for application submittal for cod e work from applicant. Please Note: New additions underlined, deletions re moved, retreat items are highlighted. DI.H October 24, 2011 Page 2 Topic/Issue Next on PCD Staff/Council Lead Comments 3 Urban Center/Downtown – joint review by Downtown Redevelopment Committee and PCDC Ongoing Chamberlain • Healthcare District Overlay December Chamberlain Staff to work with Mayor’s Office to engage Auburn Regional Medical Center in planning process. • Urban Center Expansion Fall/Winter 2011 Chamberlain Staff to prepare draft white paper on issues/opport unities/challenges for expansion of urban center. • ADA Spring 2012 Chamberlain Next update will be on in t he Spring of 2012. • Amtrak On-going Mayor Lewis/ Snyder City tracking potential station stops expansion stu dy by Amtrak. • Downtown Parking Management Plan On-going Snyder/ Chamberlain Parking survey inventory complete and under review. 4 7-year update to Comprehensive Plan On-going Snyder/ Chamberlain Legislature approved bill to extend deadline out to 2015. • Sustainability/Climate Change Policy Development November 2011 Andersen Policy work to be incorporated into the 2011 Compre hensive Plan Amendments. • Hazard Mitigation TBD Dixon Incorporate the hazard mitigation plans being devel oped either as a new element or appendix to the comprehensive plan. Sta ff to consider accomplishing as part of the 7-year comprehensive p lan update. • 2011 Annual Comprehensive Plan Amendments Fall 2011 Dixon Annual comprehensive plan amendments include city-i nitiated and private-initiated amendments. 5 Historic Preservation Strategies December 2011 Snyder/ Chamberlain Staff will formulate a strategy action plan and bri ng back to Committee. 6 Strategy Areas for Population/Business/Employment December 2011 Snyder/ Chamberlain Staff conducted Auburn Way South Visual Preference Survey with Committee and will conduct Visual Preference Studie s for other strategy areas. DI.H October 24, 2011 Page 3 ENVIRONMENTAL 7 Auburn Environmental Park Fall 2011 Snyder/ Andersen Staff is coordinating with WSDOT on Phase II acquis ition opportunities; Boardwalk design complete, construction process und erway. 8 ASCENT As Needed Snyder Continue to explore oppor tunities as part of Green Zone planning efforts. 10 Green Zone Summit Fall 2011 Snyder/ Andersen Summit scheduled for fall. 11 Green Zone Business Plan/Marketing Strategy 4 th Quarter 2011 Snyder/ Andersen Staff to prepare draft business plan/marketing stra tegy for Committee input. PARKS, ARTS & RECREATION 12 Jacobson Park/BPA Master Plan TBD Faber Staff/Co nsultant will provide update based on Community Mee tings. 13 Lea Hill/Green River CC Park TBD Faber Memorandum of Understanding between the City and GR CC to swap property – Lea Hill park to GRCC and the Martin pro perty to the City for a new park. Lea Hill/Green River CC Park Master Plan Completed. 14 Les Gove Community Center Monthly as needed Faber/ R. Wagner Monthly updates as needed. 15 Theater Plan TBD Faber No future action is neede d on this topic until funding is located. 16 Transportation for activities TBD Faber Communit y Center Committee to review; late night activities for youth. DI.H October 24, 2011 Page 4 Topic/Issue Next on PCD Staff/Council Lead Comments COMMUNITY SERVICES DIVISION 17 Building Community TBD Hursh PCDC requested update at a future meeting; briefing to be scheduled. 18 Human Services Center Ongoing Hursh Review HS contract language and Consolidated Plan l anguage for mandatory participation in the One-Stop-Shop. Staf f provided an update to PCDC on 9/27/10. 19 Unify communities through centralized communication and outreach October 24 2011 Hursh Community Services to give annual updates. BOARDS, COMMISSIONS & HEARING EXAMINER 20 Arts Commission November 14 Faber Joint meeting held on 10/11/10 with PCDC. 21 Downtown Redevelopment Committee TBD Chamberlain/ Norman Monthly updates as needed. 22 Hearing Examiner Oct 2011 Dixon Hearing Examiner attended 10/25/10 meeting for annu al briefing with the Committee. 23 Parks & Recreation Board Summer 2012 Faber Annua l update occurred 6/13/11 with PCDC. 24 Planning Commission TBD Snyder/ Chamberlain Joint meetings in 2011 to be held on code update ef forts. 25 Transportation, Transit, and Trails TBD Thordar son Staff to schedule meeting with Transportation, Tran sit and Trails Committee Chair. 26 Urban Tree Board Summer 2012 Faber Annual update occurred 6/13/11 with PCDC. DI.H October 24, 2011 Page 5 Topic/Issue Next on PCD Staff/Council Lead Comments CAPITAL FACILITIES PLANNING (Long Range Planning) 27 Transportation Planning Scope: Long-term planning for the interrelationship between land use and transportation infrastructure On-going Hankins Comprehensive Transportation Update adopted by City Council in 2009. Updated annually as needed as part of comprehensive plan update process. 28 Transportation Improvement Program (TIP) Scope: 6-year transportation improvement program that is updated annually identifying transportation related capital projects November 14 Hankins Draft 6-year-transportation improvement program to be presented at Committee November 14 , 2011. 29 Capital Improvement Plans (CIP) Scope: 6-year capital improvement financial planning for sewer, water, stormwater and streets. On-going Finance Updated annually as needed as part of comprehensive plan update process. OTHER 31 Economic Development Updates TBD Mayor Economic Development Manager Doug Lein provided an update to Committee on 7/11/11. Manager Doug Lein provided a briefing for the IPZ application on August 22 before Committee. DI.H