HomeMy WebLinkAbout5859RESOLUTION NO.5859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE
CITY OF AUBURN AND KING COUNTY RELATING TO THE
CITY OF AUBURN'S AWOS, BEACON & EMERGENCY
GENERATOR PROJECT
WHEREAS, the U.S. Army Corps of Engineers ("Army Corps") has obligated the
City of Auburn ("Auburn") to mitigate wetland impacts associated with the Automated
Weather Observing System (AWOS), Beacon & Emergency Generator project ("Project");
and
WHEREAS, the wetland impacts will be mitigated through the King County
("County") Mitigation Reserve Program which is currently implemented as an in -lieu fee
program; and
WHEREAS, Auburn will pay a $51,769 fee to the County, and by receiving the fee,
the County is responsible for the completion of a project at a separate mitigation site that
will satisfy Auburn's mitigation obligations to the Army Corps;
WHEREAS, the funds needed to pay the fee are available in the approved City
budget; and
WHEREAS, Auburn and King County are authorized to undertake joint and
cooperative action pursuant to Chapter 39.34 RCW.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute an Interlocal Agreement with
King County related to the City of Auburn's AWOS, Beacon & Emergency Generator
Resolution No. 5859
September 4, 2025
Page 1 of 2
Rev. 04/24
project which Agreement will be in substantial conformity with the Agreement attached as
Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: Wobey- & . uyZ
CITY OF AUBURN
P! �- 1; �-A �94
NANCY BACKPYOR
ATTEST: APP 6VED AS
Shawn Campbell, MMC, City Clerk Jason Whalen, City Attorney
Resolution No. 5859
September 4, 2025
Page 2of2
Rev. 04/24
City of Auburn
Resolution No. 5859
Exhibit A
Mitigation Terms of Sale – AUBURN Page 1
TERMS OF SALE AGREEMENT
Mitigation for City of Auburn
Auburn Airport AWOS Project in the
Mill Creek Basin, King County, Washington
Using King County’s Mitigation Reserves Program
This Agreement is made and entered into by and between City of Auburn (“AUBURN”) and
King County, 201 S. Jackson St. Rm. 6300, Seattle, WA 98104-3855 (“COUNTY”). The
COUNTY and AUBURN are referred hereinafter as the “Parties.”
WHEREAS, AUBURN has proposed to add an Automated Weather Observing System
(AWOS), a beacon, and electrical lines on the west side of the Auburn Airport located at 2301 E
Street in the City of Auburn, known as the Auburn Airport AWOS Project (the “Impact
Project”); and
WHEREAS, the COUNTY in 2004 established the King County Mitigation Reserves Program
(“KC MRP”), which is currently implemented through an in lieu fee (“ILF”) program, as
approved by the COUNTY in 2012, and as administered by the Water and Land Resources
Division of the King County Department of Natural Resources and Parks; and
WHEREAS, the KC MRP has been acknowledged by the U.S. Army Corps of Engineers
(“CORPS”) and the Washington State Department of Ecology (“DOE”) as meeting federal and
state programmatic requirements for operating an ILF program, as evidenced by their execution
of the King County Mitigation Reserves Program Final Program Instrument (“Program
Instrument”), dated March 12, 2012; and
WHEREAS, the KC MRP provides a means for AUBURN to pay a fee to the COUNTY and
fully and irrevocably transfer AUBURN’s mitigation obligations associated with the unavoidable
impacts at the Impact Project, as identified by the CORPS and City of Auburn (“Permitting
Agencies”), to the COUNTY through the purchase of In-Lieu Fee Credits, as defined in and
provided for in the Program Instrument; and
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WHEREAS, AUBURN agrees to pay, and the COUNTY will accept through its KC MRP, a fee
in exchange for In-Lieu Fee Credits that the COUNTY will provide to AUBURN to satisfy the
mitigation obligations related to the Impact Project, that are identified by the Permitting
Agencies and in the In-Lieu Fee Use Plan (“ILF Use Plan”) as further described below; and
WHEREAS, the COUNTY, by receiving the funds paid by AUBURN, agrees to implement a
project at a mitigation site in accordance with the terms of the Program Instrument (“Mitigation
Project”).
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein,
IT IS MUTUALLY AGREED AS FOLLOWS:
I. The above recitals are a material part hereof and are incorporated herein by this
reference.
II. Applicant, and Impact Project Details
A. APPLICANT
The “APPLICANT,” as used herein means:
City of Auburn
ATTN: Seth Wickstrom
25 West Main Street
Auburn, WA 98001
Tel: 253-804-5034
B. Impact Project Description
The Impact Project is known as the Auburn Airport AWOS Project and is located at 2301
E Street in the City of Auburn. The Impact Project will add an AWOS, a beacon, and
electrical lines on the west side of the Auburn Airport.
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C. Wetland Impacts from Impact Project
The Impact Project will result in 619 square feet of permanent Category II wetland
impact. Additional details about the wetland impacts are provided in an ILF Use Plan
dated February 2025.
D. Impact Project Permits
The permits that have requirements directed toward the wetland impacts from the Impact
Project are the following:
• U.S. Army Corps of Engineers, Nationwide Permit NWS-2024-965 (“CORPS
PERMIT”)
• City of Auburn, Land Use Permit 1587975 (“CITY PERMIT”)
The CORPS permit contains a special condition requiring, and the CITY PERMIT will
require AUBURN to purchase 0.882 In-Lieu Fee Credits (0.336 Water Quality Credits,
0.294 Hydrology Credits, and 0.252 Habitat Credits) from the KC MRP to meet the
mitigation requirements for the wetland impacts resulting from the Auburn Airport
AWOS, as provided for in the ILF Use Plan (the “In-Lieu Fee Credits”).
III. Payment and Records
A. AUBURN hereby agrees to pay a fee to the COUNTY in accordance with the KC MRP
in the amount of Fifty-One Thousand Seven Hundred Sixty-Nine Dollars ($51,769)
(“Mitigation Fee”).
B. Within fifteen (15) days after the execution of this Agreement, the COUNTY will
provide an invoice to AUBURN for the Mitigation Fee. Upon payment of the Mitigation
Fee, the COUNTY acknowledges and agrees that AUBURN shall have no further
monetary or mitigation obligations for, or related to, the Mitigation Project, and all
obligations for implementing and completing the Mitigation Project shall be the
COUNTY’s sole responsibility.
C. AUBURN shall have sixty (60) days from the Mitigation Fee invoice date to make full
payment to the COUNTY unless extended in writing at the COUNTY’s sole discretion. If
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the COUNTY does not receive full payment of the Mitigation Fee within sixty (60) days
of the invoice date or written extension granted by the COUNTY, this Agreement shall
become null and void and the remaining terms herein shall be unenforceable by either
Party.
D. Within fifteen (15) days of receiving the payment of the Mitigation Fee from AUBURN,
the COUNTY shall provide AUBURN with a signed and dated acknowledgment which
shall identify the Applicant, the Impact Project, the project impacts and the permits for
which required mitigation responsibility is being transferred from the Applicant to the
COUNTY through the purchase of In-Lieu Fee Credits (“Statement of Sale”). A copy of
the form of the Statement of Sale is attached hereto as Attachment A. The Statement of
Sale is also intended to, and shall, confirm and serve as the official record of the sale of
In-Lieu Fee Credits to AUBURN. This Statement of Sale shall not constitute a permit or
permission to proceed with any proposed action. AUBURN is responsible for obtaining
all necessary permits to construct the Impact Project.
IV. Transfer of Permit Mitigation Responsibility
Upon acceptance by the COUNTY of the Mitigation Fee from AUBURN, AUBURN
transfers to the COUNTY, and the COUNTY agrees to accept, full legal responsibility and
obligation for satisfying the requirements to purchase In-Lieu Fee Credits identified in
Section II.D. above in accordance with the terms of the Program Instrument.
V. Dispute Resolution
In the event a dispute cannot be resolved between the Parties, the dispute shall be resolved
in the following manner: Each Party shall appoint a member to a dispute board. The
members so appointed shall jointly appoint a third member to the dispute board who is not
employed by or affiliated in any way with the two Parties. The three-member board shall
conduct a dispute resolution hearing that shall be informal and unrecorded. A written
recommendation shall be made by the dispute board to the Parties. An attempt at such
dispute resolution in compliance with this process shall be a prerequisite to the filing of any
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Mitigation Terms of Sale – AUBURN Page 5
litigation concerning the dispute. The Parties shall equally share in the cost of the third
dispute board member; however, each Party shall be responsible for its own costs and fees.
VI. Legal Relations
A. The COUNTY shall protect, defend, indemnify, and hold harmless AUBURN, its
officers, officials, employees, and agents, while acting within the scope of their
employment as such, from any and all costs, claims, judgments, and/or awards of
damages, both to persons and property, arising out of, or in any way resulting from, the
COUNTY's own negligent acts or omissions, or the negligent acts or omissions of the
COUNTY's officials, officers, or employees, in carrying out the County’s obligations
under the terms of this Agreement. AUBURN shall protect, defend, indemnify, and hold
harmless the COUNTY, its officers, officials, employees, and agents, while acting within
the scope of their employment as such, from any and all costs, claims, judgments, and/or
awards of damages, both to persons and property, arising out of, or in any way resulting
from AUBURN’s own negligent acts or omissions, or the negligent acts or omissions of
AUBURN officials, officers, or employees, in carrying out AUBURN’s obligations under
the terms of this Agreement. Where such claims, suits, or actions result from concurrent
negligence of the Parties, or involves those actions covered by RCW 4.24.115, the
indemnity provisions provided herein shall be valid and enforceable only to the extent of
the Party’s own negligence. Each Party agrees that its obligations under this Section
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of
its employees or agents. For this purpose, each Party, by mutual negotiation, hereby
waives, with respect to the other Party only, any immunity that would otherwise be
available against such claims under the Industrial Insurance provisions of Title 51 RCW.
This indemnification provision shall survive the termination of this Agreement.
B. In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties hereto agree that any
such action or proceedings shall be brought in a court of competent jurisdiction situated
in King County, Washington. Further, each Party shall be liable for its own litigation
costs and attorney’s fees.
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VII. Term of Agreement and Modification
A. This Agreement shall become effective as of the Party’s signature date last written below
and shall remain in effect until the COUNTY issues the Statement of Sale to AUBURN
and the COUNTY provides a copy of the Statement of Sale to the CORPS and DOE, as
provided for in the Program Instrument, at which point this Agreement shall terminate,
unless terminated earlier pursuant to Section III.C. above. Upon its payment of the
Mitigation Fee to the KC MRP, AUBURN shall have no further mitigation and/or
monetary obligation related to the Mitigation Project.
B. No modification of this Agreement is valid unless evidenced in writing and signed by
both Parties. No verbal agreement may supersede, replace or amend this Agreement.
C. This Agreement may be executed in multiple counterparts, all of which taken together
shall constitute one and the same Agreement.
VIII. Binding Agreement
This Agreement shall be binding on the officers, directors, shareholders, members,
partners, employees, agents, personal representatives, heirs, successors, and assigns of the
Parties.
IN WITNESS WHEREOF, the Parties hereto have executed the Agreement as of the Party’s date
signed last below.
KING COUNTY City of Auburn
By
By
Name: Josh Baldi Name:
Title: Water and Land Resources
Division Director
Title:
Date: Date:
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10/29/2025
Nancy Backus
Mayor
10/29/2025
Mitigation Terms of Sale – AUBURN Page 7
APPROVED AS TO FORM APPROVED AS TO FORM
Name: Russell Prugh Name:
Title: Sr. Deputy Prosecuting Attorney Title:
Date: Date:
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8/25/2025
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Jason Whalen
10/7/2025
City Attorney
Mitigation Terms of Sale – AUBURN Page 8
ATTACHMENT A 1
2
King County Mitigation Reserves Program (MRP) 3
Statement of Sale 4
OFFICIAL RECORD OF SALE OF MITIGATION CREDITS PURSUANT TO THE TERMS AND CONDITIONS OF 5
THE KING COUNTY MITIGATION RESERVES IN LIEU FEE PROGRAM INSTRUMENT AND PROVISIONS 6
CONTAINED IN 33 CFR PARTS 325 AND 332 AS REVISED EFFECTIVE JUNE 9, 2008 (FEDERAL MITIGATION 7
RULE). 8
I. PURPOSE 9
This Statement of Sale confirms the sale of mitigation credits from the King County Mitigation 10
Reserves Program (hereinafter “Sponsor”) to the Applicant listed in Article III below. This 11
Statement of Sale does not constitute a permit or permission to proceed with any proposed action. 12
The Applicant is responsible for obtaining all necessary permits for a proposed action. 13
II. TRANSFER OF MITIGATION RESPONSIBILITY 14
The Sponsor agrees to accept full legal responsibility for satisfying the mitigation requirements 15
for all U.S. Army Corps of Engineers (Corps), State, and local permits for which mitigation fees 16
from an Applicant have been accepted under the terms of this Statement of Sale. This responsibility 17
includes compliance with 33 CFR 332, 40 CFR 230, King County Code Chapter 21A.24, any 18
applicable state and local jurisdictional laws, and the terms of the King County Mitigation 19
Reserves In Lieu Fee Program Instrument (Program Instrument). In satisfaction of the 20
compensatory mitigation requirements, the Sponsor shall provide compensatory mitigation of the 21
type and in the amount necessary to meet applicable Federal, State, and local regulation 22
requirements. 23
III. APPLICANT AND IMPACT PROJECT DETAILS 24
E. Applicant 25
[Full Permittee Name] 26
Attn: [Contact Person] 27
[Mailing Address] 28
[City, State Zip] 29
Tel: [XXX-XXX-XXXX] 30
31
F. Impact Project 32
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The Sponsor has accepted mitigation fees in the amount of [Written Amount] Dollars 1
($XXX,XXX) for the unavoidable impact to [aquatic and/or wetland] resources as 2
described below. Upon acceptance of these fees from the Applicant, the Sponsor is 3
agreeing to implement mitigation and assume all associated obligations and liabilities 4
according to the terms of the Program Instrument, certified on March 12, 2012. 5
6
MRP Service Area: [Service Area Name] Service Area 7
8
Description of Impacts: 9
10
The Impact Project refers to the Applicant’s [Project Name] Project, located on the 11
[description of location]. Details of the proposed Impact Project are provided in [Name of 12
ILF Use Plan, if uniquely named, OR an In-Lieu Fee Use Plan] which was submitted to 13
applicable regulatory agencies in [Month Year]. 14
The permits and regulatory approvals that have requirements directed toward the 15
wetland impacts from the Impact Project are the following: 16
• Department of the Army Permit [NWS-XXXX-XXX] from the U.S. Army Corps 17
of Engineers (Corps) 18
The ILF Purchase Plan describes the impacts being mitigated through the purchase of 19
mitigation credit from the Sponsor. 20
IV. CREDITS PURCHASED AND MITIGATION FEES PAID 21
A. Credits Purchased. In exchange for the payment of mitigation fees, which the Applicant 22
paid to the Sponsor on [Month Day, Year], the Applicant receives [XX.XX] Credits in the 23
[Service Area Name] Service Area. This mitigation credit will draw down the Advance 24
Credit pool in the [Service Area Name] Service Area by [XX.XX] Credits. 25
B. Allocation to the MRP Program Account. The mitigation fees will be deposited into the 26
following accounts within the King County MRP Account (see Basic Agreement Article 27
III.D and Appendix F): 28
MRP Service Area: [Service Area Name] 29
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Total Mitigation Fees Collected from Applicant: $[XXX,XXX] 1
Land Fee Account: $XX,XXX (X.X% of total mitigation fee) 2
Program Admin. Account: $XX,XXX (X.X% of total mitigation fee) 3
Contingency Fee Account: $XX,XXX (X.X% of total mitigation fee) 4
Long Term Management Fund: $XX,XXX (X.X% of total mitigation fee) 5
Mitigation Project Accounts: $XX,XXX (XX.X% of total mitigation fee) 6
V. PROOF OF PURCHASE 7
This Statement of Sale shall serve as official proof that the Applicant has purchased 8
mitigation credits from the Sponsor. 9
A. Signed Statement of Sale provided to Applicant. The Sponsor will provide a signed copy 10
of this form to the Applicant within 15 days after receipt of funds from the Applicant. The 11
Applicant is responsible for submitting copies of the signed Statement of Sale to 12
appropriate regulatory agencies as proof of purchase of mitigation credits from the 13
Sponsor. 14
B. Signed Statement of Sale provided to the Corps and Ecology. The Sponsor will provide a 15
signed copy of this form to the IRT representatives from the Corps and Ecology, co-chairs 16
of the IRT, within 15 days after receipt of funds from the Applicant. 17
C. Copies available to IRT members. Copies of this Statement of Sale will be made available 18
any member of the IRT upon the IRT member’s request. 19
VI. ADDITIONAL PROVISIONS 20
A. Allocation of Funds. The Sponsor will deposit the moneys listed above into the program 21
account in the amounts listed in Article IV.B of this Statement of Sale. Record of these 22
funds will also be added to the Program Account Ledger. 23
B. Spending Authorization. Upon initial receipt of mitigation fees, the Sponsor shall be 24
authorized to spend up to 75% of funds allocated to Administrative Accounts according 25
to the terms of the program instrument (see Appendix F, Section 4.0). The District 26
Engineer, after consultation with the IRT, must authorize all additional expenditures from 27
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the program account pursuant to 33 CFR 332.8(i)(2) and pursuant to the Basic Agreement 1
Article III.B. 2
C. Reporting requirements unaffected. This agreement shall not affect reporting 3
requirements outlined in the program instrument. 4
D. Effect of Agreement. This Agreement does not in any manner affect statutory authorities 5
and responsibilities of the Sponsor. This Statement of Sale is not intended, nor may it be 6
relied upon, to create any rights in third parties enforceable in litigation with the United 7
States or the State of Washington. This Statement of Sale does not authorize, nor shall it 8
be construed to permit, the establishment of any lien, encumbrance, or other claim with 9
respect to the Mitigation Reserves Program property, with the sole exception of the right 10
on the part of the Corps to require the Sponsor to implement the provisions of Program 11
Instrument, including recording conservation easements or similarly restrictive covenants, 12
required as a condition of the issuance of permits for discharges of dredged and fill 13
material into waters of the United States associated with construction and operation and 14
maintenance of a Mitigation Site. 15
E. Attorneys’ Fees. If any action at law or equity, including any action for declaratory relief, 16
is brought to enforce or interpret the provisions of this Statement of Sale, the prevailing 17
party shall be entitled to be reimbursed for its court costs and attorneys’ fees, in addition 18
to all damages, through all levels of appeal. 19
F. Headings and Captions. Any paragraph heading or caption contained in this Statement of 20
Sale shall be for convenience of reference only and shall not affect the construction or 21
interpretation of any provision of this Statement of Sale. 22
G. Successors and Assigns. This Statement of Sale shall be binding upon and inure to the 23
benefit of the parties hereto and their respective successors and assigns. 24
H. Amendments. This Statement of Sale shall not be amended without the express written 25
agreement of the Parties. 26
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IN WITNESS WHEREOF, the Sponsor confirms the information contained in this Statement of Sale to 1
be true as written. 2
SPONSOR 3
4
EXHIBIT NOT FOR EXECUTION_______ ____________________ 5
Josh Baldi Date 6
Division Director 7
Water and Land Resources Division 8
King County Department of Natural Resources and Parks 9
201 South Jackson Street, Suite 6300 10
Seattle, WA 98104-3855 11
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