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HomeMy WebLinkAboutItem VIII-B-1WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subiect Date: Resolution No. 3659 December 9, 2003 Department: Attachments: Budget Impact: Public Works Resolution No. 3659 and Agreement Administrative Recommendation: City Council adopt Resolution No. 3659. Background Summary: Resolution No. 3659 authorizes the Mayor to execute a Stormwater Drainage Agreement with CamWest Development, Inc. (CamWest) to allow construction of a temporary detention/water quality pond and permanent regional stormwater outfall located on the City of Auburn Storm Drainage Utility property known as the Christa Ministries property. CamWest will design and construct, at their expense, the temporary detention/water quality pond to serve its proposed Riverpointe development. This facility will be located generally along the southern boundary of the City property and will utilize approximately 3.14 acres of the City parcel. CamWest will also design and construct, at their expense, the regional stormwater outfall to the Green River consistent with the City of Auburn 2002 Comprehensive Drainage Plan. In consideration for allowing use of Christa Ministries property, CamWest has agreed to compensate the Storm Drainage Utility $75,000. W1215-1 A3.16.9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: [] Arts Commission COUNCIL COMMITTEES: [] Building [] M&O [] Airport [] Finance [] Cemetery [] Mayor [] Hearing Examiner [] Municipal Serv. [] Finance [] Parks [] Human Services [] Planning & CD [] Fire [] Planning [] Park Board []Public Works [] Human Resources [] Police [] Planning Comm. [] Other [] Legal [] Public Works Action: Committee Approval: []Yes []No Council Approval: []Yes []No Call for Public Hearing / /__ Referred to Until / / Tabled Until / / Councilmember: Wagner Staff: Dowdy Meeting Date: December 15, 2003 Item Number: VIII.B.1 AUBURN * THAN YOU IMAGINED RESOLUTION NO. 3 6 5 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A STORMWATER DRAINAGE AGREEMENT BETVVEEN THE CITY OF AUBURN AND CAMWEST DEVELOPMENT INC, FOR CONSTRUCTION OF STORMWATER FACILITIES WHEREAS, The City of Auburn desires to construct a regional storm detention/water quality facility and regional stormwater outfall on City property commonly referred to as the "Christa Ministries" (hereinafter referred to as "City Property") at some unknown point in the future to serve the subbasin; and WHEREAS, CamWest Development Inc. (hereinafter referred to as "CamWest") received Planned Unit Development (PUD), Preliminary Plat and Shorelines Permit approval on May 6, 2002, for its development property "Riverpointe" under City applications numbers PUD00-0001, PLT01-0005 and SHR00-0004; and WHEREAS, CamWest proposes to design, permit and construct at its sole expense on City Property a temporary detention/water quality pond to serve "Riverpointe," and the regional stormwater outfall sized to meet planned future City capacity requirements consistent with the City of Auburn 2002 Comprehensive Drainage Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Stormwater Drainage Agreement with CAMWEST DEVELOPMENT INC. to allow construction of a temporary Resolution No. 3659 November 26, 2003 Page 1 detention/water quality pond and permanent regional stormwater outfall facility located on City Property property to service RIVERPOINTE, in substantial conformity with the agreement attached hereto, marked as Exhibit "1" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this __ day of ,2003. CITY OFAUBURN ATTEST: PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Held, City Attorney Resolution No. 3659 November 26, 2003 Page 2 Exhibit "1" STORMWATER DRAINAGE AGREEMENT THIS AGREEMENT is entered in this day of ,2003, by and between THE CITY OF AUBURN, a Washington municipal corporation ("City"), and CAMWEST DEVELOPMENT INC. a Washington corporation ("CamWest"). CamWest is constructing a temporary detention/water quality pond and regional stormwater ouffall facility ("Project"), located on City owned property commonly referred to as the "Chrism Minislries" property ("City Property") in conjunction with development of CamWest's Property ("Riverpointe"). RECITALS A. Whereas; The City is planning to construct a regional storm detention/water quality facility and regional stormwater outfall on City property (as described on Exhibit A) at some unknown point in the furore, and B. Whereas; CamWest received Planned Unit Development (PUD), Preliminary Plat and Shorelines Permit approval on May 6, 2002 for its property Riverpointe as described on Exhibit B under City applications nos. PUD00-0001, PLT01-0005 and SHR00-0004 respectively, and C. Whereas; CamWest proposes to design, permit and construct at its sole expense a temporary detention/water quality pond to serve Riverpointe, and a regional stormwater outfall consistent with the City of Auburn 2002 Comprehensive Drainage Plan, sized to meet planned future City capacity requirements, on City Property. Refer to Exhibit C for the full project description and Exhibit D for locations, and D. Whereas; The parties recognize this proposal to construct the temporary detention/water quality pond and regional stormwater outfall may require other jurisdictional agency approvals including, but not limited to the following; K/ng County Water and Land Resource, Washington State Department of Fish & Wildlife, Washington State Department of Ecology and the U.S. Army CORPS of Engineers. Exhibit 1 Resolution No. 3659 Page I of 5 Now therefore the parties agree as follows: AGREEMENT CamWest shall design and construct the storm drainage improvements as described in Exhibit C that will convey stormwater drainage from the Riverpointe development into a temporary detention/water quality pond and then discharge though a regional stormwater ouffall to the Green River. The temporary detention/water quality pond, located generally along the southern boundary of the City Property, is approximately 3.14 acres in size. The regional stormwater ouffall will discharge at a point, located on the City Property, as determined and approved by the City and other permitting agencies. CamWest shall design and construct the temporary detention/water quality pond, and the regional stormwater outfall consistent with the City of Auburn 2002 Comprehensive Drainage Plan as well as any additional improvements required to convey the Riverpointe drainage as described in section 1 above and as shown on Exhibit D attached hereto and incorporated herein by this reference. CamWest shall design, permit and construct (including any mitigation and/or mitigation costs) at its sole expense a regional stormwater outfall consistent with the City of Auburn 2002 Comprehensive Drainage Plan, sized to meet planned future City capacity requirements, on City Property. 4. Upon execution of this agreement and obtaining construction permits for Riverpointe and said storm drainage facilities on the City Property, CamWest shall pay to the City $75,000.00, the mount mutually agreed upon in consideration for allowing CamWest to locate its temporary detention/water quality pond on the City Property. Said money is to be deposited in City of Auburn Storm Account No. 432.396.104. 5. The City, upon execution of this Agreement, shall be named as the applicant on all required permit applications related to the construction of the regional stormwater outfall. The City shall not require any further construction of other stormwater improvements for Riverpointe beyond the typical facilities associated with this type of project required to collect and convey on-site drainage to the regional stormwater outfall. 7. CamWest shall pay the City all normal development fees for Riverpointe, including Storm Drainage Utility System Development Charges (SDC's). CamWest agrees to hold the City harmless for any development delays that may arise out of permitting of the storm drainage facilities. If development delays occur, CamWest may elect to proceed with on-site drainage facilities consistent with the PUD, Preliminary Plat and Shorelines Permit approval for the property described on Exhibit B. 9. CamWest must export off-site and dispose of in an approved manner all excavated material resulting from construction of the temporary detention/water quality pond. Exhibit 1 Resolution No. 3659 Page 2 of 5 10. CamWest shall have full maintenance responsibility for the temporary detentioru'water quality pond for a period of one year following occupancy permit issuance for all lots at Riverpointe. The City of Auburn shall assume ownership and maintenance responsibility for the regional stormwater outfall upon completion and City acceptance of said facility. This agreement shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. 11. Any amendment to this Agreement shall be in writing and signed by all of the parties. 12. In the event of any dispute regarding the terms of this Agreement, the prevailing party shall be entitled to receive from the other party payment for all attorneys fees and costs incurred in any litigation or alternative dispute resolution proceeding brought to resolve the dispute both at trial and on appeal. 13. This agreement shall be govemed by and constructed in accordance with the laws of the State of Washington. 14. If any provision of this Agreement is held to be unenforceable under applicable law, the remaining provisions shall remain in full fome and effect to the greatest extent allowed under the law. Exhibit 1 Resolution No. 3659 Page 3 of 5 IN WITNESS WHEREOF the parties have executed this Agreement on the first set forth above. Agreed this day of 2003. CITY OF AUBURN, a Washington municipal corporation By Peter B. Lewis Its Mayor ATTEST: Danielle Daskam Auburn City Clerk APPRO~ Daniel(l~. Heid ~ ~ Auburn City Attorney CAMWEST DEVELOPMENT, INC., a Washington Corporation By Its Eric Campbell President Exhibit 1 Resolution No. 3659 Page 4 of 5 STATE OF WASHINGTON ) COUNTY OF KING ) I certify that I know of have satisfactory evidence that Peter B. Lewis is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Auburn to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of ~ 2003 (Signature of Notary) (Legally Print or Stamp Name of Notary) Notary Public in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) I certify that I know of have satisfactory evidence that Eric Campbell is the person who appeared before me, and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Auburn to be the f~ee and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of ,2003 (Signature of Notary) (Legally Print or Stamp Name of Notary) Notary Public in and for the State of Washington, residing at Exhibit 1 Resolution No. 3659 Page 5 of 5 My appointment expires Exhibit A CITY OF ALrBURN PROPERY - "CRRISTA MINTREES" Legal Description Lot D, Auburn Short Plat #20-80, as recorded under Survey Number 8101079005, and corrected by affidavit under Recording Number 8104280802, being a portion of Harvey H. Jones Donation Claim in Section 6, Township 21 North, Range 5 East, W.M., in King County, Washington; TOGETHER WITH an easement for ingress and egress as provided in instrument recorded under Recording Number 8402020439 and clarified by instrument recorded under Recording Number 9007311728. Exhibit A Stormwater Drainage Agreement-Camwest Page 1 of I Exhibit B CAM%VEST PROPERTY - "RIVERPOINTE" Legal Description That portion of the North 378.84 feet of the South 906.84 feet of the H.H Jones Donation Land Claim No. 39 in Section 6, Township 21 North, Range 5 East, Willamette Meridian, in King County Washington, lying West of the left bank of the Green River; except the West 2,239.00 feet thereof; and except any portion thereof lying within the John Reddington Road No. 2; Together with the easement for ingress, egress and utilities over and across a strip of land, I0 feet in width, lying North of a line described as follows: Beginning at the Southwest comer of said parcel; Thence running West 686 West, more or less, to the East line of State Highway No. 5 (Auburn Way North). Exhibit B Stormwater Drainage Agreement-Camwest Page 1 of I Exhibit C PROJECT IMPROVEMENTS DESCRIPTION The Project Site Plan is incorporated into the Agreement, and is attached as Exhibit D. The Project Site Plan is conceptual at this point and is subject to change during the final engineering design, plan review and approval process. Below is a brief description of the Project. Temporary Detention/Water Quality Pond: This facility shall be constructed to serve CamWest's project, Riverpointe, on a temporary basis until such time when the City constructs a regional storm detention/water quality facility on its property. At this time the City may elect to keep this facility or abandon it if aa alternate is constructed that can serve the Riverpointe project. Regional Stormwater Outfall: This facility, to be designed and constructed consistent with the City of Auburn 2002 Comprehensive Drainage Plan, will convey drainage associated with the Riverpointe PUD project once constructed from the temporary detention/water quality pond to the Green River. CamWest shall construct said facility in accordance with City design standards and capacity requirements. Access Roads & Miscellaneous Easements: It may be necessary to provide additional temporary construction access roads and other miscellaneous easements on the City property to provide access to both the temporary detention/water quality facility and regional stormwater ouffall. These requirements and/or locations may not be finally determined until some point during the engineering plan and approval process. At least one (1) permanent access road is required from Riverpointe to the City property and shall be finally determined during engineering review. Appropriate visual barriers shall be established contiguous with abutting lots or within sight lines. These improvements shall meet City design standards and requirements. Regulations~ Policies & Design standards: The temporary detention/water quality pond project located on the City property designated with Public Use Zoning. All City regulations, standards, ordinances policies (including Comprehensive Plan) and Code provisions governing land development in effect as of the date of the Agreement shall govern the Project. The temporary detention/water quality pond and regional stormwater m~tfall shall be designed and constructed in accordance with City of Auburn design standards and requirements. Upon City approval of the Storm Drainage Agreement, CamWest will pursue construction approval in close concurrence with construction approval for its project Riverpointe. Additionally, it is acknowledged by both parties that outside agency approval will be required which has its own approval timelines. CamWest intends to pursue all required approvals immediately upon approval of the Storm Drainage Agreement. Exhibit C Stormwater Drainage Agreement-Camwest Page I of 2 Pond Aesthetics and Screening: During the environmental and engineering review process for the approval of the temporary detention/water quality pond, CamWest shall submit a screening & landscaping plan for thc temporary detention/water quality pond located on City Property, and all temporary and permanent access roads. Screening and landscaping measures shall include but not be limited to fencing, ground cover, shrubs, and trees and will be subject to City review and approval. Exhibit C Stormwater Drainage Agreement-Camwest Page 2 of 2 Exhibit D PROJECT SITE PLAN Exhibit D Stormwater Drainage Agreement-Camwest Page 1 of I