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HomeMy WebLinkAbout3343RESOLUTION NO. 3 3 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION NO. 3330, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REVISED AMENDMENT #1 TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AUBURN, KING COUNTY OFFICE OF CULTURAL RESOURCES, WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, WASHINGTON STATE HISTORIC PRESERVATION OFFICER, AND THE FEDERAL HIGHWAY ADMINISTRATION REGARDING THE ADVERSE EFFECT AND MITIGATION MEASURES OF THE SOUTH 277T" STREET RECONSTRUCTION PROJECT WHICH WAS AUTHORIZED BY RESOLUTION NO. 3071, AND PROVIDING AUTHORIZATION .FOR THE MAYOR TO APPROVE ADMINISTRATIVE AMENDMENTS THAT DO NOT ADVERSELY AFFECT THE CITY OF AUBURN. WHEREAS, in consideration of the interests of the owner of the Thomas Nelson Farm; and WHEREAS, the City of Auburn, a concurring party to the original Memorandum of Agreement (MOA), has determined that the terms of the original MOA cannot be met at this time; and WHEREAS, the City of Auburn and King County believe a change is necessary and have participated in developing an amendment to the original MOA; and WHEREAS, the City of Auburn adopted Resolution No. 3330 on March 5, 2001, authorizing an Amendment to the Memorandum of Agreement for the mitigation of the adverse effects of the 277th Street Reconstruction Project; and Resolution No. 3343 March 27, 2001 Page 1 of 3 WHEREAS, the Mayor signed Resolution No. 3330 but did not sign the Amendment because it was in draft form; and WHEREAS, minor revisions to the amendment have been made since the March 5, 2001, Council meeting, and it is anticipated that future minor revisions will be needed prior to all five parties signing Amendment #1; and WHEREAS, Resolution No. 3330 is hereby appealed. NOW, THEREFORE, THE COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES THAT: Section 1. The Mayor and City Clerk of the City of Auburn are herewith authorized to execute revised Amendment #1 to the Memorandum of Agreement between the City of Auburn, the King County Office of Cultural Resources, the Washington State Department of Transportation, the Washington State Historic Preservation Officer, and the Federal Highway Administration, and to approve administrative amendments that do not adversely affect the City of Auburn. A copy of said Amendment #1 to the Memorandum of Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth in full herein. ---------------------------- Resolution No. 3343 March 27, 2001 Page 2 of 3 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. w~ DATED this` day of ,ll pry ~ , 2001. CITY OF AUBURN ,~ ~. ~~oc CHARLES A. BOOTH MAYOR ATTEST: Dan' Ile E. Daskam, City Clerk APPROVED AS TO FORM: '' + ~ 1 -~! .1 Michael J. Reynolds, City Attorney Resolution No. 3343 March 27, 2001 Page 3 of 3 Thomas-Nelson Farm South 277th Street Reconstruction Project Memorandum of Agreement Amendment #1 AMENDMENT #1 TO MEMORANDUM OF AGREEMENT SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION PURSUANT TO 36 CFR 800.6(a) REGARDING THE SOUTH 277th STREET RECONSTRUCTION PROJECT, PR 562 WHEREAS, in accordance with Stipulation 6 of the Memorandum of Agreement (here in after referred to as the "Agreement")entered into with Federal Highway Administration (FHWA), Washington State Department of Transportation and King County and the Washington SHPO, and executed in March/April of 1999, the City of Auburn, an original concurring party desires to amend the terms of the Agreement in consideration of the fact the owner of the Thomas-Nelson Farm does not want the farmhouse moved to a location deemed acceptable by the signatories at this point in time. The changes to the Agreement are described as follows: Stipulations 9. The City of Auburn shall ensure that a fund of $400,000 shall be deposited into an interest bearing escrow account established by the City of Auburn, and held and administered by the King County Office of Cultural Resources, for the implementation of measures to mitigate the adverse effects of the South 277th Street Reconstruction Project on the Thomas-Nelson Farm at such time as the owner of the property is amenable to such actions. Up to 15% of the fund may be used to cover the administrative costs of County agencies administering the mitigation activities. Funds in the account, including any interest accrued thereto, may be withdrawn at any time by King County Office of Cultural Resources to support the actual costs of Stipulations 1, 2 and 3 of the original agreement which hereby shall become a responsibility of the King County Office of Cultural Resources. For the purpose of this Agreement all "costs and expenses" shall be properly reported and recorded. 10. By December 31, 2003, the interest bearing escrow account shall be closed and the funds in said account distributed in accordance with the following: a. For any work required in support of Stipulations 1, 2, 3, and 4 of the original Agreement not complete upon closure of the escrow account, the City of Auburn will obtain an engineer's or other appropriate cost estimate, to be approved by King County Office of Cultural Resources and the Washington SHPO, for the remainder of the work secured by escrow. b. If the costs estimated in subparagraph a. exceed the funds in the escrow account upon closure, the City of Auburn agrees to pay King County Office of Cultural Resources the amount of the difference from available project revenues. c. If the costs estimated in subparagraph a. are less than the funds in the escrow account upon closure, City of Auburn shall be reimbursed by the amount of the difference. Thomas-Nelson Farm South 277th Street Reconstruction Project Memorandum of Agreement Amendment #1 11. Any remaining mitigation measures required by the stipulations in the original Agreement shall be the responsibility of the King County Office of Cultural Resources upon closure of the escrow account. Such measures may include: stabilization of the barn, contribution to public purchase of an interest in the property, or other actions consistent with the preservation of the historic resource in addition to and/or in substitution for mitigation measures described in the original Agreement. Any and all such mitigation measures shall be pursued as deemed appropriate by the KCHPO and SHPO. 12. By execution of the Agreement all parties acknowledge that in fulfilling the conditions in Stipulation 10, subparagraphs a, b, c, above, the City of Auburn's obligations to mitigate are discharged and the City of Auburn shall be relieved of any further future obligations with regard to the purpose of the Agreement. 13. If extenuating circumstances, such as natural disaster, significantly affect the integrity of the Thomas-Nelson Farm at any time, or if any of the actions stipulated above remain unfulfilled by October 31, 2003, the signatories shall consult on other means of fulfilling the intent of this agreement and/or other appropriate and feasible mitigation measures and shall amend this MOA accordingly. This agreement shall cease when such measures have been undertaken with the concurrence of the signatories. Thomas-Nelson Farm South 277th Street Reconstruction Project Memorandum of Agreement Amendment #1 If you concur with this amendment and agree to the changes as stated above, please sign in the appropriate spaces below. FEDERAL HIGHWAY ADMINISTRATION By: Date: Elizabeth Healy, Transportation and Environmental Engineer WASHINGTON STATE HISTORIC PRESERVATION OFFICER By: Date: Allyson Brooks, State Historic Preservation Officer Concur: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION By: Date: Paula J. Hammond, Assistant Secretary, Highways & Local Programs Service Center CITY OF AUBURN By: Date: Charles A. Booth, Mayor, City of Auburn KING COUNTY OFFICE OF CULTURAL RESOURCES By: Date: Julie M. Koler, King County Historic Preservation Officer Accepted: ADVISORY COUNCIL ON HISTORIC PRESERVATION By: APPRO E AS TO FO M: ~r~(~ it ~'~ /\ B .. 4~. `i 1 Y Michael J. Reynolds, City Attorney Date: Date : t 2ZCiJ Resolution 3343. Exhibit A Page 3