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Home My WebLink About3330a / _,~~ ~ r ' E1_ RESOLUTION N0.3 3 3 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING RESOLUTION NO. 3071 BY AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDED 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. 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 agrees to the Amendment to the Memorandum of Agreement for the mitigation of the adverse effects of 277tH Street reconstruction project. Resolution No. 3330 February 20, 2001 Page 1 of 3 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 the Amendment 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. A copy of said Amendment to the Memorandum of Agreement is attached hereto, denominated as Exhibit "A" and made a part hereof as though set forth. in full herein. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. DATED this-? day of G~~~J, 2001. CITY OF AUBURN CL.~, u., ~l i3, t~ CHARLES A. BOOTH MAYOR Resolution No. 3330 February 20, 2001 Page 2 of 3 ATTEST: ;~ ~~ Dariielle E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No. 3330 February 20, 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 interests of the owner of the Thomas-Nelson Farm. The changes to the Agreement are described as follows: Stipulations 9. The FHWA 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 pursuant to 23 C.F.R {{ 645.101 - 645.119. 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. d. If, in the judgement of the City of Auburn, the King County Office of Cultural Resources and the Washington SHPO, any work required in support of Stipulations 1 through 4 of Thomas-Nelson Farm South 277th Street Reconstruction Project Memorandum of Agreement Amendment #1 the original agreement can not be accomplished, and the property is no longer eligible for nomination to the National Register or for local designation, then the funds in escrow as described in Stipulation 9 would be expended on other mitigation measures mutually agreeable to the three parties. 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, d 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 at the end of a period of five (5) years following the execution of this amendment, 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 gy: Date: Elizabeth Healy, Transportation and Environmental Engineer WASHINGTON STATE HISTORIC PRESERVATION OFFICER By: By: Concur: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Date: Dennis B. Ingham, Assistant Secretary, TransAid Service Center CITY OF AUBURN By: Charles A. Booth, Mayor, City of Auburn Date: KING COUNTY OFFICE OF CULTURAL RESOURCES By: Date: Julie M. Koler, King County Historic Preservation Officer Accepted: ADVISORY COUNCIL ON HISTORIC PRESERVATION Date: Allyson Brooks, State Historic Preservation Officer gy: Date: