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Home My WebLink About3642 RESOLUTION NO. 3 6 4 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A TRAFFIC IMPACT FEE CREDIT AGREEMENT BETWEEN THE CITY OF AUBURN AND GATES, GATES AND GATES WHEREAS, Gates, Gates and Gates (hereafter referred to as Gates) is the owner of certain real properties legally described as Lots 1 to 4 of Auburn SP-17-79 Revised Recording No. 8207130444 ("Gates Properties"); and WHEREAS, the City has included in its Six Year Transportation Improvement Program (2004-2009) two Road Capacity Projects identified as follows: 13. "A" Street NW Phase 1: 3rd Street NW to 14th Street NW and 21. "A" Street NW Phase 2: West Main Street to 3rd Street NW. These two projects establish a future public roadway hereinafter referred to as '% Street NW." That portion of A Street NW between approximately 7th Street NW and 8th Street NW is proposed to be located in the existing City right-of-way adjoining the Gates Properties; and WHEREAS, Gates desires, as part of development of the Gates Properties, to make roadway infrastructure improvements ("Roadway Development") to the right-of-way that would not ordinarily be required of Gates. The scope of these improvements exceeds what is required by City codes and standards; and Resolution No. 3642 September 16, 2003 Page 1 WHEREAS, rather than compensate Gates for the Roadway Development measures beyond those required by City codes and standards entirely by monetary payment, the City is willing to compensate Gates for the Roadway Development of the A Street NW right-of way by granting to Gates Transportation Impact Fee Credits ("TIF Credits") that can be applied pursuant to Auburn City Code (ACC) 19.04.060. 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 Traffic Impact Fee Credit Agreement, in substantial conformity with the agreement attached hereto, marked as Exhibit "1" and incorporated herein by this reference. Section 2. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 3642 September 16, 2003 Page 2 Dated and Signed this __ ATTEST: day of ¢ '~~~, 2003. PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~City AttOrne¢__~ ~ Resolution No. 3642 September 16, 2003 Page 3 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 20031110001391 PRCIFZC NU TZT RG 27.88 PRGE$~t OF lt/t8/2883 t5:47 KING COUNTY, UR Above this line reserved for recording information. TRAFFIC IMPACT FEE CREDIT AGREEMENT Reference # (if applicable): Grantor/Borrower: Grantee/Assignee/Beneficiary: Legal Description/STR: Assessor's Tax Parcel ID#: Gates, Gates and Gates City of Auburn Lots 1 to 4 of Auburn SP-16-79 Revised Recording No. 8207130444 1321049057, 1321049093, 1321049094, 1321049095 TRAFFIC IMPACT FEE CREDIT AGREEMENT This,Traffic Lmpa~ct F_~ ~redit Agreement ("Agreement") is made and entered into this ~ ~..4- day of ~/~d~;~L,4--' , 2003, between the City of Auburn, a Washington municipal co~oration (hereinafter the "Cit~'), and Gates, Gates ~d Gates, a Washington Pa~ership (hereinafter "Gates"). The City and Gates ~e hereinafter re~ffed to as the :'P~es," A. Gates is the owner of ce~ain real prope~ies legally described as L°tSl to 4 of Aub~ SP SP-16-79 Revised Recording No. 8207130444 ("Gates Prope~ies"). The Gates Prope~ies and su~ounding streets ~e illustrated in Exhibit A. The City has included in its Six Year Transportation Improvement Program (2004-2009) two Road Capacity Projects identified as follows: 13. "A" Street NW Phase 1: 3rd Street NW to 14th Street NW and 21. "A" Street NW Phase 2: West Main Street to 3rd Street NW. These two projects establish a future public roadway hereinafter referred to as "A Street NW." That portion of A Street NW between approximately 7th Street NW and 8th Street NW is proposed to be located in the existing City right-of-way adjoining the Gates Properties. Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 1 of 9 (Exhibit 1 to Res. No. 3642) Gates desires, as part of development of the Gates Properties, to make roadway infrastructure improvements ("Roadway Development") to the right-of-way that would not ordinarily be required of Gates. The scope of these improvements exceeds what is required by City codes and standards. Rather than compensate Gates for the Roadway Development measures beyond those required by City codes and standards entirely by monetary payment, the City is willing to compensate Gates for the Roadway Development of the A Street NW right-of way by granting to Gates Transportation Impact Fee Credits ("TIF Credits") that can be applied pursuant to Auburn City Code (ACC) 19.04.060; THEREFORE, in consideration of the terms and conditions of this Agreement, the sufficiency of which is hereby acknowledged, the Parties agree and bind themselves and their respective legal representatives, successors, and assigns, as follows: AGREEMENT Roadway Development. Gates shall provide Roadway Development within the A Street NW right-of-way (the "A Street NW ROW") as follows: 1.1. The City has established preferred roadway parameters for the A Street NW ROW through the Gates Properties. These roadway parameters include, but are not limited to, the pavement width, sidewalk requirements, roadway illumination, utility requirements, and landscaping. This information has already been conveyed to Gates for incorporation into the roadway design for ROadway Development. 1.2. Gates shall incorporate the City's preferred roadway parameters for the A Street ROW into the development of the Gates Properties. Gates shall obtain, through the City's development review process, all permits necessary to construct the A Street ROW improvements from 7th Street NW to 8th Street NW. 1.3. Gates shall construct the Roadway Development as part of Gates Properties development, to be completed no later than December 31, 2004. Gates shall provide to the City, no later than February 1, 2005, certification that all financial encumbrances, including liens, are removed from the A Street ROW due to the Gates Roadway Development. Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 2 of 9 Consideration Provided to Gates for Roadway Development. 2.1 The Parties agree that the Roadway Development measures to be constructed by Gates along the Gates Properties exceeds those measures required by City codes and standards. 2.2 The City agrees to compensate Gates for the Roadway Development of A Street NW by granting to Gates Transportation Impact Fee (TIF) Credits in an amount calculated as follows: the value of the implemented Roadway Development measures less the value of the measures required by City codes and standards. This is represented by the following formula: TIF Credits = (Roadway Development Cost) X (Roadway Development Factor) Roadway Development Cost - The Roadway Development Cost is defined as the actual cost expended by Gates in the development orA Street NW adjacent to the Gates Property. Gates shall provide documentation showing the actual costs incurred for the roadway development within 45 days of final acceptance of the roadway by the City. Roadway Development Factor - The Roadway Development Factor is defined as the percentage of the roadway improvement area being improved that is not required for the Gates Properties development by Auburn city codes and standards. Using this basis, as shown in Exhibit B, the Roadway Development Factor is 0.796.~ The TIF Credits may be used by Gates pursuant to Auburn City Code (ACC) 19.04.060 to offset Transportation Impact Fees that may be required for any development upon the Gates Properties. The Transportation Impact Fee Rate Schedule utilized for determining Transportation Impact Fees shall be the Rate Schedule in force at the time this Agreement is executed, currently the Rate Schedule published as part of City Ordinance No. 5506, until December 31, 2006, at which time the "then" current Rate Schedule will take affect. In the event that ACC Chapter 19.04 is repealed or revised in such a way that Gates is no longer able to utilize the TIF Credits to offset Transportation Impact Fees, then the City shall pay Gates the dollar value of the TIF Credits. Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 3 of 9 o General Terms 3.1 Each of the Parties shall protect, defend, indemnify and save harmless the other party from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this Agreement and such parties' performance or failure to perform any aspect of this Agreement; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the City, its agents or employees, and (b) Gates, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the indemnifying parties' negligence; and provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim arising from the sole negligence of the other party. 3.2 In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the action or proceeding shall be brought in the Superior Court for King County, Washington. The prevailing party shall be entitled to an award of its costs and reasonable attorneys' fees. 3.3 Each person signing below represents and warrants that execution of this Agreement has been duly authorized and that no further action on the part of any party is necessary to make this Agreement binding in accordance with its terms. 3.4 This Agreement shall inure to the benefit of and be binding upon the successors and assigns to the parties hereto. 3.5 Any demand, request or notice which either party hereto desires or may be required to make or deliver to the other shall be in writing and shall be deemed given when delivered by facsimile, personally delivered, delivered by private courier service (such as Federal Express), or three days after being deposited in the United States Mail in registered or certified form, return receipt requested, addressed as follows: Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 4 of 9 To Gates: William Gates Mohawk Northern Plastics, Inc. 701 A Street NE Auburn WA 98002 To City of Auburn: Dennis Dowdy, PE Public Works Director City of Auburn 25 West Main Street Auburn, WA 98001-4998 Facsimile No. (253) 931-3053 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above-written. CITY OF AUBURN a Was~orporation Peter B. Lewis, Mayor By: GATES, GATES AND GATES v//Authorized ~gent ATTEST: Danie{/E. Daskam, City Clerk Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 5 of 9 STATE OF WASHINGTON ) ° SS. I certify that I know or have satisfactory evidence that X oL'~SD.~t_ · , 'c,~.~-- is the person who appeared before me, ~d s~e ac~owledged that s~e si~ed this inst~ent, on og~h stated that s~e was aut~ged to execS'the ~stmment ~d ac~owledged it as the '~~x ~ od~ ~ ~ ~,~, a co.oration, to be the ~ee and volunt~ct of such co~oration forage ~es ~d p~oses mentmned ~n the ~nstmment. Dated thi:%day of ~}~3~ ,200~ ~¢lCSq~}~ h. [Signat~e o~ot~l ~ ~ ~o .¢~.~C ::~ ~ Xot~ Publi*~nd ~r th~ State or Washington, Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 6 of 9 STATE OF WASHINGTON ) · SS. COUNTY OF [(~' ,-.~-x ) I certify that I know or have satisfactory ewdence that t ~5 ,, K(e,~ ~,~cx~ is the person who appeared before me, and//~.'~/cknowledged that~e~signed~his instrument, on oath stated that ~fi~ was authorized to execute the instrument and acknowledged it as the ~_,~c,.~'~,~cq- of L~;~a~ C.~c~ o~.3 ~(2a~J ,a Washington Pa~nership, tob~he ~ee ~d volunt~ act of such P~nership for the uses ~d p~oses mentioned in the ins~ent. Dated this ~{v~ day of ,2oo 3. [Signature of Notary] [Print Name of JNotary] Notary Public in and for the State of Washington, residing at ~Kd'r<. C-'-o~xS~'O~ My appointment eXp~es: ~ ~ - 7_q -- t~ + Exhibits: Exhibit A Exhibit B Gates Properties Location Roadway Development Factor Traffic Impact Fee Credit Agreement Gates, Gates and Gates Page 7 of 9 Traffic Impact Fee Credit Agreement Gates, Gates, Gates Page 8 of 9 ~ o ~ ~ z~ ~ ~ Z om o ~ ~ · '~ ~--~ 0~0~o 0 ~*-~ ~ nm~o o Burmington No,hem / Santa Fe Railroad Right of Traffic Impact Fee Credit Agreement Gates, Gates, Gates Page 9 of 9