HomeMy WebLinkAbout10-17-2005 ITEM VIII-B-7AACP
ITYOF RN
,WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject:
Date:
Resolution No. 3930
October 11, 2005
Department:
Attachments:
Budget Impact:
Finance
Resolution No.
3930 and Exhibit "l
Administrative Recommendation:
City Council to adopt Resolution No. 3930,
Background Summary:
Resolution No. 3930 authorizes the Mayor and City
Clerk to execute a Participation Agreement for
Developer's Extension with Integris Metals, Inc. for participation in construction of Westerly Airport Access
Road.
N1017-3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:'
❑ Building ❑ M&O
❑ Airport ® Finance..
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
® Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Com m ittee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing _/_!_
Referred to Until—/_!—
Tabled Until
_!_/_
Councilmember: Cerino
Staff: Coleman
Meeting Date: October 17, 2005
Item Number: VIII.B.7
AU$U 'N * MORE THAN YOU IMAGINED
RESOLUTION NO. 3 9 3 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A PARTICIPATION AGREEMENT
FOR DEVELOPER'S EXTENSION WITH INTEGRIS METALS,
INC. FOR PARTICIPATION IN CONSTRUCTION OF WESTERLY
AIRPORT ACCESS ROAD
WHEREAS, a 30 foot wide public access and utility easement was
granted to the CITY by Dwight A. Garrett and Doris V. Garrett, as described in
Agreement Exhibit A and recorded in King County as record number
9704030925, dated March 27, 1997; and
WHEREAS, Reynolds Metals Company ("Reynolds") subsequently
acquired the property described as a portion of Lot 2, City of Auburn Short Plat
No. SP -15-81, in King County, Washington that was previously owned by the
Mr. and Mrs. Garrett, and across which the easement was granted; and
WHEREAS, the CITY entered into an agreement with Reynolds Metals
Company ("Reynolds") dated July 7th, 1999, whereby Reynolds agreed to
share in the cost of construction of an access road within the easement area;
and
WHEREAS, Integris Metals, Inc., is the successor in interest to Reynolds
and is the current owner of the property previously owned by Reynolds; and
Resolution No. 3930
October 11, 2005
Page 1 of 3
WHEREAS, said facilities have not been constructed, and the parties
have agreed upon entering this agreement for construction of said facilities. It
is hereby agreed that this agreement shall replace the agreement the CITY
entered into with Reynolds Metals Company in its entirety.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON. HEREBY RESOLVES AS FOLLOWS:
Section 1. Purpose. That the Mayor and the City Clerk are authorized
to execute an agreement in substantial conformity with the Agreement attached
hereto and marked as Exhibit "1" and incorporated herein by this reference.
Section 2. Implementation. The Mayor of the City of Auburn is hereby
authorized to implement such administrative procedures as may be necessary
to carry out the directions of this resolution.
Section 3. Effective Date. This Resolution shall take effect and be in
full force upon passage and signatures hereon.
DATED and SIGNED THIS DAY OF
CITY OF AUBURN
PETER B. LEWIS
MAYOR
Resolution No. 3930
October 11, 2005
Page 2 of 3
, 2005.
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Resolution No. 3930
October 11, 2005
Page 3 of 3
AUBURN PARTICIPATION AGREEMENT
for
DEVELOPER'S EXTENSION
This Agreement is made and entered into this day of
2005, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, hereafter referred to as CITY and Integris Metals Inc., a New York corporation,
whose address is 455 85th Avenue, N. W., Minneapolis, Minnesota 55433, hereafter referred to
as DEVELOPER.
WITNESSETH:
WHEREAS, a 30 foot wide public access and utility easement was granted to the CITY
by Dwight A. Garrett and Doris V. Garrett, as described in Exhibit A and recorded in King
County as record number 9704030925, dated March 27, 1997.
WHEREAS, Reynolds Metals Company ("Reynolds") subsequently acquired the property
described as a portion of Lot 2, City of Auburn Short Plat No. SP -15-81, in King County,
Washington that was previously owned by the Mr. and Mrs. Garrett, and across which the
easement was granted.
WHEREAS, the CITY entered into an agreement with Reynolds Metals Company
("Reynolds") dated July 7`h, 1999, whereby Reynolds agreed to share in the cost of construction
of an access road within the easement area.
WHEREAS, Integris Metals, Inc., is the successor in interest to Reynolds and is the
current owner of the property previously owned by Reynolds; and
WHEREAS, said facilities have not been constructed, and the parties have agreed upon
entering this agreement for construction of said facilities. It is hereby agreed that this agreement
shall replace the agreement the CITY entered into with Reynolds Metals Company in its entirety.
NOW therefore, in consideration of the conditions and covenants herein, THE PARTIES
AGREE as follows:
I. DEVELOPER
The above-described DEVELOPER is the record OWNER of real property legally
described as set forth on Exhibit A attached hereto, and as shown on the map
attached hereto as Exhibit B. The real property described is also known as Thirty
Foot (30') Access Easement King County Recorded No. 9704030925.
II. FACILITIES
The facilities which are to be constructed by the DEVELOPER herein are as
shown in the engineer drawings dated July 1, 2005 for Joint Driveway Access
Plan for Integris and City of Auburn prepared by Barghausen Consulting
Resolution No. 3930, Exhibit 1
Participation Agreement for Developer's Extension; Integris
October 10, 2005
Page 1 of 5
Engineers, Inc. and referred to herein by these references, and processed as
Developer Public Facility Extension, Extensions herein referenced as Westerly
Airport Access Road, originals on file at the office of the City Engineer. The
facilities will be constructed in accordance with the ordinances and requirements
of the CITY governing the construction specifications for facilities of such type,
and will have to be approved by the City Engineer.
III. AMOUNT OF REIMBURSEMENT
Street facilities: The DEVELOPER, its successors, heirs and assigns, agrees that
the amounts which the DEVELOPER is reimbursed from the CITY as specified in
this Section of this Agreement, represents a fair pro rata share participation for the
DEVELOPER'S construction of the facilities described in Section II of this
Agreement.
The cost of said reimbursement is to be forty nine percent (49%) of the cost of the
extension, determined from actual accounting records of the DEVELOPER during
the course of the project. The total amount of reimbursement shall be limited to
$110,000.
The CITY shall pay to the DEVELOPER the reimbursement amount within thirty
(30) days of the CITY's acceptance of the facility, but no later than 60 days from
the date of substantial completion of the facilities.
IV. OWNERSHIP OF FACILITY
The DEVELOPER will construct the facilities described in Section II of this
Agreement, which facilities will have to be accepted by the CITY as satisfactory.
The CITY shall have no rights to access or use the facilities until they have been
accepted as satisfactory.
The facilities will become a part of the municipal system of the CITY. All
maintenance and operation costs of said facility shall be borne by the CITY.
V. TERM
This agreement shall terminate one year from the date of execution if facilities as
described in Section II have not been constructed.
VI. HOLD HARMLESS
The DEVELOPER will indemnify and save the CITY and the CITY'S officials
and agents harmless from all claims and costs of defense, arising out of this
agreement, as a result of actions, misconduct or breach of contract by
DEVELOPER, including but not limited to attorney's fees, expert witness fees,
Resolution No. 3930, Exhibit 1
Participation Agreement for Developer's Extension; Integris
October 10, 2005
Page 2 of 5
and the cost of the services of engineering and other personnel whose time is
reasonably devoted to the preparation and attendance of depositions, hearings,
arbitration proceedings, settlement conferences and trials growing out of the
demands and/or actions of property owners incurred in the performance or
completion of this Agreement.
The CITY will indemnify and save the DEVELOPER and the DEVELOPER's
officials and agents harmless from all claims and costs of defense, arising out of
this agreement, as a result of actions, misconduct or breach of contract by the
CITY, including but not limited to attorney's fees, expert witness fees, and the
cost of the services of engineering and other personnel whose time is reasonably
devoted to the preparation and attendance of depositions, hearings, arbitration
proceedings, settlement conferences and trials growing out of the demands and/or
actions of property owners incurred in the performance or completion of this
Agreement.
VII. CONSTITUTIONALITY OR INVALIDITY
If any section, subsection, clause or phrase of this Agreement is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of the remaining portions of this
Agreement, as it is hereby expressly declared that this Agreement and each
section, subsection, sentence, clause and phrase hereof would have been prepared,
proposed, adopted and approved and ratified irrespective of the fact that any one
or more section, subsection, sentence, clause or phrase be declared invalid or
unconstitutional.
Resolution No. 3930, Exhibit 1
Participation Agreement for Developer's Extension; Integris
October 10, 2005
Page 3 of 5
CITY OF AUBURN
Attest:
Approved as to Form:
CITY ATTORNEY
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
MAYOR
CITY CLERK
On this day of , 2005, before me undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared Peter B.
Lewis and Danielle E. Daskam, to me known to be the Mayor and City Clerk of the City of
Auburn, a municipal corporation, and the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute
the said instrument and that the seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC IN AND FOR THE STATE OF
WASHINGTON, RESIDING AT
MY COMMISSION EXPIRES
Resolution No. 3930, Exhibit 1
Participation Agreement for Developer's Extension; Integris
October 10, 2005
Page 4 of 5
DEVELOPER:
BY: BY:
TITLE: TITI
STATE OF MINNESOTA)
)ss,
COUNTY OF ANOKA )
On this day of 20_, before me, the undersigned, a
Notary Public in and for the State of Minnesota, duly commissioned and sworn, personally
appeared to me known to be the Director of Operations of Integris
Metals the corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they authorized to execute the said
instrument.
Witness my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC IN AND FOR THE STATE OF
MINNESOTA, RESIDING
MY COMMISSION EXPIRES
Resolution No. 3930, Exhibit l
Participation Agreement for Developer's Extension; Integris
October 10, 2005
Page 5 of 5
[4111-30w.1
Legal Description
30 FOOT WIDE PUBLIC ACCESS & UTILITY EASEMENT
GARRETT TO CITY
THAT PORTION OF LOT 2, CITY OF AUBURN SHORT PLAT NO. SP -15-81, RECORDED UNDER KING
COUNTY RECORDING NO. 8207299002, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID LOT 2, ALSO BEING THE
SOUTHWEST CORNER OF TRACT "X" OF SAID SHORT PLAT;
THENCE SOUTH 880 49'52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 2, A
DISTANCE OF 60.00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT "X" AND THE TRUE POINT
OF BEGINNING;
THENCE CONTINUING SOUTH 880 49'52" EAST, ALONG THE SOUTHERLY BOUNDARY OF SAID LOT
2, A DISTANCE OF 456.43 FEET TO AN ANGLE POINT IN SAID SOUTHERLY BOUNDARY OF LOT 2;
THENCE CONTINUING SOUTH 88° 49'52" EAST, A DISTANCE OF 85.00 FEET;
THENCE NORTH 000 54'08" EAST, A DISTANCE OF 30.00 FEET;
THENCE NORTH 880 49'52" WEST A DISTANCE OF 541.43 FEET TO THE EAST LINE OF SAID TRACT
.1X„;
THENCE SOUTH 000 54'08" WEST ALONG SAID EAST LINE A DISTANCE OF 30.00 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINS 16,240 SQUARE FEET OF LAND MORE OR LESS.
---------------------------------------------------------------------
Resolution No. 3930, Exhibit 1
Participation Agreement for Developer's Extension; Integris
October 10, 2005
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Participation Agreement for Developer's Extension; Integris
October 10, 2005
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Participation Agreement for Developer's Extension; Integris
October 10, 2005
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October 10, 2005
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