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HomeMy WebLinkAbout29331 RESOLUTION NO. 2 9 3 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 3 WASHINGTON, AUTHORIZING THE EXECUTION OF STORMWATER DRAINAGE AGREEMENT BETWEEN THE CITY AND VALLEY CENTRE I L.L.C. FOR A 4 BASIN WIDE STORMWATER DETENTION FACILITY TO SERVICE VALLEY CENTRE CORPORATE PARK AND OTHER PROPERTIES IN THE BASIN. 5 6 WHEREAS, the City desires to develop a Basin Wide 7 Stormwater Detention Facility to serve VALLEY CENTER CORPORATE 8 PARK (hereinafter referred to as "VCCP") and other properties 9 in the basin; and 10 WHEREAS, the City has constructed a pump station ]1 downstream of the 30th Street NW storm system which will discharge stormwater to the Green River and alleviate some of 13 the flooding problems in the basin in which the Site is 14 located; and 15 WHEREAS, the City has proposed to design and construct a Basin Wide Facility to serve the area, and such facility is 17 envisioned to be constructed on City owned property within the 18 Airport; and 19 WHEREAS, construction of the Basin Wide Facility would 20 eliminate the requirements for stormwater detention for VCCP 2] and allow portions of the Site that would otherwise have been 22 devoted to stormwater detention to be developed for other 23 uses; and 24 25 26 Resolution No. 2933 March 24, 1998 Page 1 ] WHEREAS, the Basin Wide Facility will not include 2 stormwater quality treatment, and therefore, if the Basin Wide 3 Facility is implemented, stormwater quality treatment will be 4 required in an independent system for the Site by VCCP. 5 WHEREAS, the City has requested that VALLEY CENTRE I 6 L.L.C (hereinafter referred to as "Developer") participate ? financially in the Basin Wide Facility; and 8 WHEREAS, the Developer has commenced construction of the 9 first phase building with completion scheduled for first ]0 quarter of 1998. Developer intends to develop the balance of 11 the Site in successive years thereafter through phased 12 construction; and' ]3 WHEREAS, due to the timing implications associated with 14 VCCP relative to the Basin Wide Facility, it is necessary that 15 commitments be made by both the City and the Developer so that 16 the design and construction of the stormwater system serving ]7 VCCP can be completed as needed; and ]8 WHEREAS, the parties recognize that the Federal 19 Government, through the Federal Aviation Agency (FAA), must 20 approve the use intended under this Agreement if constructed 21 on Airport property. 22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 23 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH 24 RESOLVES AS FOLLOWS: 25 26 Resolution No. 2933 March 24, 1998 Page 2 1 Section 1. The City of Auburn is hereby authorized to 2 execute a Stormwater Drainage Agreement with VALLEY CENTRE I 3 L.L.C. for a Basin Wide Stormwater Detention Facility to 4 service Valley Centre Corporate Park and other properties in 5 the basin. A copy of said Agreement is attached hereto as 6 Exhibit "1" and incorporated herein by this reference. 7 Section 2. The Mayor is hereby authorized to implement 8 such administrative procedures as may be necessary to carry 9 out the directives of this legislation. 10 DATED and SIGNED this 6th day of April, 1998. 11 ]2 CITY OF AUBURN 13 15 CHARLES A. BOOTH MAYOR ]6 ATTEST: 17 Danielle E. Daskam, 19 City Clerk 20 APPROVED AS TO FORM: 22~1J. Reynolds, 23 City Attorney 26 Resolution No. 2933 March 24, 1998 Page 3 SEp 2 0 1999 CITY OF AUBURN CITY CLERKS OFFICE Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Stormwater Drainage Agreement Reference Number(s) of Documents assigned or released: F'JAdditional reference #'s on page __ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of 3. 4. Grantee: (Last name first) 1. Valley Centre I, LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lots 1, 2,3 and 4 City of Auburn Short Plat number SPL-0005-97, recorded under recording number 9705140453, in King County, Washington S Additional legal is on page_ ~ _ of document. Assessor's Property Tax Parcel/Account Number: Lot 1 - 0000080-0054-08; Lot 2 - 000080-0055-07; Lot 3 - 000080-0036-01; Lot 4 - 000080-0056-06. I"l Assessor Tax # not yet assigned STORMWATER DRAINAGE AGREEMENT THIS AGREEMENT is entered in this ~ d~ of · ,1998 by and between THE CITY OF AUBURN, a Was ngto 1 corporation ("City"), and VALLEY CENTRE I L.L.C., a Washington limited liability company C Developer"). Developer is constructing a business industrial park known as Valley Centre Corporate Park C VCCP") on 54 acres of real property more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Site"). The Site is adjacent to the Auburn Mtmicipal Airport (the "Airport"). RECITALS A. The City desires to develop a Basin Wide Stormwater Detention Facility to serve VCCP and other properties in the basin. B. -- The City has constructed a pump station downstream of the 30th Street NW storm system which will discharge stormwater to the Green River and alleviate some of the flooding problems in the basin in which the Site is located. ~ C. The City has proposed to design and construct a Basin Wide Facility to serve the area, and such facility is envisioned to be constructed on City owned property ~:~ within the Airport. Construction of this Basin Wide Facility would eliminate the ~-4 requirements for stormwater detention for VCCP and allow portions of the Site that (~ would otherwise have been devoted to stormwater detention to be developed for other 1~ uses. D. The Basin Wide Facility will not include stormwater quality treatment, and therefore, if the Basin Wide Facility is implemented, stormwater quality treatment will be required in an independent system for the Site by VCCP. E. The City has requested that the Developer participate financially in the Basin Wide Facility. F. The Developer has commenced construction of the first phase building with completion scheduled for first quarter of 1998. Developer intends to develop the balance of the Site in successive years thereaRer through phased construction. G. Due to the timing implications associated with VCCP relative to the Basin Wide Facility, it is necessary that commitments be made by both the City and the Developer so that the design and construction of the stormwater system serving VCCP can be completed as needed. H. The parties recognize that the Federal Government, through the Federal Aviation Agency (FAA), must approve the use intended under this Agreement if constructed on Airport property. AGREEMENT 1. Developer shall design and construct a stormwater system (the "Discharge Line") for VCCP that will discharge to the existing stormwater system in 30th Street NW near the northeast coruer of the Site. The Discharge Line shall be located near the easterly boundary of VCCP and will extend southerly approximately 1200 feet to a location near the existing temporary erosion control facility, the location of which is shown on Exhibit B attached hereto and incorporated herein by this reference (the "TESC Facility"), where a stormwater pump system will be constructed by the Developer to handle drainage for VCCP. 2. The City shall design and construct the Basin Wide Facility, as well as any additional conveyances or improvements required to handle stormwater in the basin beyond the Discharge Line described in Section 1 above. ~l' 3. Temporary erosion and sedimentation control for all phases of VCCP may ,,~ be handled by modifying the configuration, size or location of the TESC Facility as ,.4 necessary and in accordance with the City's standards. Upon completion of the final ~ phase of VCCP, the TESC Facility will be filled and the property devoted to that use may ~-4 be used for parking and/or other uses that are consistent with the zoning classification of ~ the Site. 4. In conjunction with Phase I of VCCP, the Developer shall construct a permanent bio~ltration swale which shall be designed to provide treatment for the six- month storm event. Flows in excess of the six-month event shall be designed to bypass the bio~ltration swale into the Discharge Line. The bio~ltration swale will be located on the Site as shown on Exhibit C attached hereto and incorporated herein by this reference. 5. Upon execution of this Agreement, Developer shall pay to the City $66,000, the amount equal to the cost that the Developer would have paid to construct certain components of an on-site stormwater system for VCCP that are not required on account of the Basin Wide Facility. 6. The City, upon execution of this Agreement and payment of the amount required by it, shall not delay issuance of building or occupancy permits for the buildings for VCCP due to stormwater drainage issues. In addition, the City shall accept responsibility for accepting, conveying, and detaining stormwaters from VCCP at the point that the stormwater leaves the Site. 7. The Developer shall be responsible for future payments of stormwater System Development Charges (SDC) as applicable to the balance of the Site as phased construction is completed, and further agrees to pay all future monthly stormwater payments. 8. City shall not require any further construction of other stormwater improvements for VCCP beyond the typical facilities associated with this type of project required to collect and convey on-site drainage to the Discharge Line. 9. 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. 10. Any amendment to this Agreement shall be in writing and signed by all of the parties. 11. 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 attomeys fees and costs incurred in any litigation or alternative dispute resolution proceeding brought to resolve the dispute both at trial and on appeal. 12. _. This Agreement shall be governed by and construed in accordance with the laws of the state of Washington. 13. If any provision of this Agreement is held to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect to the greatest extent allowed under the law. IN WITNESS WHEREOF the parties have executed this Agreement on the first set forth above. CITY OF AUBURN, a Washington municipal corporation Its ~'77/7~-~ VALLEY CENTRE I L.L.C., a Washington limited liability company By ~~.,. _ ~~~ ItS ~ ATTEST: City Clerk APPROVED AS TO FORM: H:\tjc\cip\airpOrt\vcc .doc EXHIBIT A LEGAL DESCRIPTION LOTS 1, 2. 3, AND 4 CITY OF AUBURN SHORT PLAT NUMBER SPL-OOOS-97, RECORDED UNDER RECORDING NUMBER 9705140453, IN KING COUNTY, WASHINGTON.