HomeMy WebLinkAbout3703
RESOLUTION NO. 3 7 0 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH THE
CENTRAL PUGET SOUND REGIONAL TRANSIT
AUTHORITY FOR THE PURPOSE OF THE
DEVELOPMENT AND MAINTENANCE OF A KISS-AND-
RIDE PARKING LOT AND CONVEYANCE OF REAL
PROPERTY INTERESTS
WHEREAS, the City and the Central Puget Sound Regional Transit
Authority (Sound Transit) entered into an agreement on October 26, 1999
concerning the development of a multimodal transit facility; and
WHEREAS, the Kiss-and-Ride parking lot and on-site landscape
improvements remain to be constructed, and
WHEREAS, the City has agreed to complete these remaining
improvements at Sound Transit's expense, and
WHEREAS, the parties wish to amend the previous agreement for the
purpose of defining each parties roles in the maintenance and use of the
parking lot.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor is hereby authorized to execute an Agreement
with the Central Puget Sound Regional Transit Authority, in substantial
Resolution No. 3703
March 10, 2004
Page 1
conformity with the agreement attached hereto, marked as Exhibit "1 II and
incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such other
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. That this Resolution shall take effect and be in full force
upon passage and signatures hereon.
Dated and Signed this \ 5 ~day of ~~~N"C~, 2004.
.
CITY OF AUBURN
ATTEST:
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Danielle E. Daskam,
City Clerk
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Resolution No. 3703
March 10,2004
Page 2
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AGREEMENT
BETWEEN CITY OF AUBURN AND f,~ ,. n
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY .
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FOR THE DEVELOPMENT AND MAINTENANCE ~..., ...:'., :.·.~<.:;;~.fll
OF A KISS-AND-RIDE PARKING LOT AND c~··"··..,, ¡ i3[..~~·--
CONVEYANCE OF REAL PROPERTY INTERESTS ~~ ?Zj c7'..d-<9. r¿W
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THIS AGREEMENT is made and entered into this _ day of March, 2004, by
and between the Central Puget Sound Regional Transit Authority ("Sound Transit"), a
regional transit authority of the State of Washington, and the City of Auburn ("City), a
Washington municipal corporation. RECEIVED
A.
B.
D.
MAY 1 0 2004
BACKGROUND
PLANNING DEPARTMENT
c.
Sound Transit is a regional transit authority existing under Chapters 81.104 and
81.112 RCW and has all powers necessary to implement a high capacity ~/ 'It 1
. 7
transportation system.
Sound Transit, City, and King County entered into that certain "Agreement C
Between King County, City of Auburn and Central Puget Sound Regional TransÍt
Authority for the Planning, Design and Construction of the Auburn Multimodal
Transit Facility" (the "Project Agreement") dated October 26, 1999. The Project
Agreement is attached hereto as Exhibit A. The purpose of the Project Agreement
was to establish the terms and conditions for the joint development of a
coordinated multi modal transit facility in the City (the "Project") to serve as a
commuter rail station and King County transit hub.
The development of the Project is substantially complete, with the exception of a
contemplated "Kiss-and-Ride parking lot" located to the north of the Sounder
Auburn Station parking garage and plaza and west of A Street (the "K&R") and
on site landscaping required for completion of the west side parking lot along 'C'
Street SW.
As required by the Project Agreement, Sound Transit has acquired the real
property interests necessary to construct the Project, including the K&R and
environmental cleanup costs at the site.
The contemplated K&R abuts a City right-of-way (the "Alley") and the City
desires that the K&R be developed to include portions of the alley. The overall
project will support transit oriented development and downtown redevelopment in
Auburn. The City also desires to locate trash storage facilities on the K&R site.
City and Sound Transit have negotiated an agreement that it is in their mutual
interests to reassign certain project development and maintenance responsibilities
for the K&R to the City. In exchange, Sound Transit will contribute to the City
the remaining budget allocated for the K&R along with certain real property
interests and materials already purchased for use in construction. The City will
utilize said funds and materials and additional City funds, if necessary, to
complete the K&R and maintain it in the public interest. Sound Transit will
I,
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reserve to itself a permanent, continuous, non-exclusive easement over, across
and through the K&R property, being transferred to the City's ownership, for the
benefit of Sound Transit and its public transit passengers for all purposes
necessary or incidental to providing "kiss-and-ride" parking, and vehicular and
pedestrian access to and from the parking lot and other public transportation
facilities and the public streets, sidewalks, bridges and passenger rail facilities in
the vicinity of the property.
G. The agreement between the parties contemplated that the City will process a
Right-of-Way Use Permit for the portion of the Alley that is identified as required
for access to or circulation of the K&R lot. The duration of the right-of-way Use
Permit shall be 50 years and may be renewed for an additional 50 years, on the
same terms and conditions, so long as the intended public use of the K&R lot
remams.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the sufficiency of which is hereby acknowledged, the Parties hereto agrees as
follows:
AGREEMENT
1. Recitals and Exhibits Incorporated. The background recitals set forth above and
the Exhibits attached to this Agreement are hereby incorporated as if fully set
forth herein.
2. Effect on Project Agreement. Except as may be set forth expressly herein, the
Project Agreement remains unchanged and remains a binding obligation among
Sound Transit, City and the County. Specifically, and without limitation, the
indemnity and hold harmless provisions of paragraph 13 and the dispute
resolution provisions of paragraph 17 shall govern the implementation of this
Agreement.
3. Obligations Satisfied. City and Sound Transit acknowledge that the Project
Components set forth in Exhibit A to the Agreement have all been constructed
with the exception of item B4, which is the K&R. City hereby acknowledges and
agrees that upon full performance by Sound Transit of its obligations set forth in
sections 7 and 8 below, Sound Transit has no outstanding financial obligations to
the City.
4. City Responsibilities to Construct K&R The City will carry out all necessary
tasks described in Paragraphs 1.4, 5, and 8 of the Project Agreement as Sound
Transit's responsibility to design and construct the K&R, including but not
limited to obtaining a right-of-way use permit within a portion of the Alley to
ensure Sound Transit's ongoing public use of the K&R, contracting for
completion of design work and contracting for construction. Sound Transit is
hereby released from these obligations.
4.1 Design. To facilitate this effort, Sound Transit will, concurrent with
execution of this agreement assign to the City rights to all existing design
materials that may be assigned and provide copies of such materials. City
shall thereafter complete such designs as necessary to carry out K&R
construction.
4.2 Construction. City shall complete construction of the K&R consistent
with all applicable laws and regulations. City may construct the K&R in a
manner to accommodate dumpster facilities for other adjacent land uses,
provided that the K&R shall be constructed and maintained to provide
adequate circulation of traffic and a minimum of 21 parking spaces.
5. Insurance. The City and Sound Transit agree to each obtain and keep in force
during the duration of this Agreement, public liability and property damage
insurance. The amount of coverage shall not be less than a single limit of
$1,000,000 for bodily injury, including death and property damage per
occurrence.
6. Indemnification. Washington State law shall govern the respective liability
between the parties to this Agreement for any loss due to property damage or
injury to persons arising out of the activities conducted pursuant to this
Agreement. To the extent allowed by law, each party shall defend, indemnify and
hold harmless the other party, its elected officials, employees and agents from and
against any and all suits, claims, actions, losses, costs, expenses of litigation,
attorney's fees, penalties, and damages of whatsoever kind or nature arising out
of, in connection with, or incident to any act of omission of the party, it's
employees, agents, and contractors in the exercise of the rights granted and
conveyed to the party by this agreement. This indemnification obligation shall
include, but is not limited to, all claims against the other party by an employee or
former employee of the party or its contractors and, as to such claims, the party
expressly waives, as respects the other party only, all immunity and limitation of
liability under Title 51 RCW.
7. City Responsibilities to Maintain and Operate K&R. Contrary to the provisions
of Section 9 of the Project Agreement, the City shall, at its own expense, operate
and maintain the K&R. The facility shall at all times be secure, well lit, safe,
inviting and attractive. The City shall ensure that any dumpster facilities
constructed or permitted within the K&R are regularly emptied and do not
constitute a nuisance or hazard to users of the K&R.
8. Parking Management. City shall manage the K&R and shall at all times include a
meaningful mechanism to enforce parking restrictions so that Sound Transit has
access to the K&R as described in the following table:
Day(s) Time Frame Sound City of Auburn
Transit/Sounder Share of Kiss-
Share of Kiss-&- &- Ride Parking
Ride Parkin!!
Weekdays, including Midnight to 4:30 0% 100%
weekday holidays AM
Weekdays, including 4:30 AM to 100% 0%
weekday holidays 11:30 AM
Weekdays, including 11 :30 AM to 50% 50%
weekday holidays 2:00 PM
Weekdays, including 2:00 PM to 7:00 100% 0%
weekday holidays PM
Weekdays, including 7:00 PM to 50% 50%
weekday holidays Midnight
Saturdays and All Day 50% 50%
Sundays with
Sounder service
Saturdays and All Day 0% 100%
Sundays without
Sounder service
During times that the K&R parking use is shared 50/50, the Sound Transit spaces
will be those on the south side of the lot toward the parking garage, and the City
spaces will be those on the north side toward the banquet hall. The parties also
agree that the City will provide appropriate signage and enforcement of K&R
spaces to ensure that they are available for each party's intended use as defined
above. The table above reflects the use allocation at such time that Sounder
commuter rail service expands to include mid-day trains later than 11 :30 AM.
Until that time: a) Sound Transit shall have use of 100% of the K&R lot from 30
minutes before the first train arriving/departing Auburn Station in each weekday
AM and PM peak period until 30 minutes after the last train arriving/departing
Auburn Station in each peak period. It is a condition of this Agreement that these
windows of Sound Transit's use will increase in duration over time and as higher
frequencies of Sounder service are introduced, and that availability of parking for
transit patrons shall increase as provided in the table directly above, and b) On
weekend days with Sounder service, Sound Transit shall have use of 50% of the
K&R lot spaces from 30 minutes before the first train arriving/departing until 30
minutes after the last train arriving/departing Auburn Station. Parking
enforcement by the City shall include restricting parking duration in Sounder
spaces during Sounder operating hours to a period of 20 minutes. The City shall
install signs at the K&R lot that indicate periods of reserved commuter use, and
shall update such signs as reserved periods change upon approval of appropriate
ordinances by the Auburn City Council up to the ultimate allocation of use as
described in the table above.
9. Sound Transit's Financial Contribution. For construction of the K&R lot, Sound
Transit shall pay City a total of $117,000 as follows: Upon execution of this
Agreement by all parties, Sound Transit shall pay City $68,000. Within five (5)
business days after the K&R is fully open for commuter parking, Sound Transit
will pay the City the remaining balance. In addition, for previous station- related
development costs, and a street vacation request fee, Sound Transit shall pay the
City a total of $30,532.31 within 30 days of execution of this Agreement. Sound
Transit's total payment for the K&R construction, previous Project costs and
advance payment of any street vacation request(s) fee shall be $147,532.31. City
acknowledges and agrees that upon payment of the sums required in this
Paragraph 9, Sound Transit will have no further obligations with regard to
completion of the Project. This payment and conveyance of real property
interests described in Paragraph 8 will release Sound Transit from all further debts
to City including, but not limited to any payment for property related to the street
vacation requests.
10. Sound Transit Landscaping. In addition to Paragraph 9, for the design and
construction of certain outstanding landscaping within the commuter rail station
which is required to complete the west side parking lot development, Sound
Transit agrees to pay City for all costs required to complete the landscaping in
these areas per City Code requirements up to a total amount of $35,000. Should
the total cost for the actual design, estimated construction engineering, the actual
contract bid, and a 5% contingency for this landscaping work exceed the $35,000
at the time of bid opening, then Sound Transit may choose to increase the total
amount allowed or to reduce the work to be completed by the City. Should Sound
Transit choose to reduce the work to be completed by the City, Sound Transit will
complete the deleted work at Sound Transits own expense.
11. Sound Transit Conveyance of Property Interest. Within thirty (30) days after
execution of this Agreement, Sound Transit will convey to City a fee interest in
the real property legally described in Exhibit B (the "Property"), which is the
portion of the property owned by Sound Transit upon which the K&R is to be
constructed. The property will be conveyed by Statutory Warranty Deed and
shall be subject to a reserved perpetual easement for Sound Transit's use of the
K&R substantially in the form attached as Exhibit C.
12. City Conveyance of Right of Way Use Permit for Alley. Within thirty (30) days
after completion of the K&R construction, City will waive the required fee and
process a Right-of-Way Use permit for a duration of 50 years to Sound Transit for
the public use of a portion of the Alley for access to and circulation of the K&R
lot. The Right-of-Way Use permit shall be renewable for an additional 50 years
provided that the original intended public use of the portion of the Alley remains,
per this Agreement. The Right-of-Way Use permit shall be substantially in the
form reflected in Exhibit D to this Agreement.
13. Ownership of K&R. City will own the improvements constructed at the K&R.
14. Consideration. In exchange for Sound Transit's transfer and conveyance of the
Property (subject to Sound Transit's reserved perpetual easement), City is
providing Sound Transit with the full value of said assets and is performing
valuable services Sound Transit was required to perform under the Project
Agreement, including but not limited to the construction of the K&R
improvements, perpetual operations and maintenance of the K&R, and parking
management and enforcement at the K&R, together with conveyance of a
perpetual right to use the improvements constructed within the Alley. The mutual
benefits and satisfaction of the promises set forth in this Agreement constitute
adequate consideration and full value for the transfer and conveyance of the
Property.
15. Condition of Property. Sound Transit has performed environmental remediation
of certain known contamination on the Property, and continues to conduct limited
groundwater monitoring. Sound Transit reserves full right to any contribution
claims it may have against third parties for the costs of such remedial actions,
together with necessary rights of access to the Property to carry out remediation
activities or pursue contribution claims. Sound Transit conveys the Property to
the City without warranty or representation as to its condition and the City accepts
the Property "as-is".
16. Notices. The addresses set forth in paragraph 18c of the Project Agreement are
updated as follows:
TO SOUND TRANSIT:
Mr. Martin Minkoff, Director-Sounder Commuter Rail
Sound Transit
401 South Jackson Street
Seattle, W A 98104-2828
TO CITY OF AUBURN:
Mayor Pete Lewis
25 W. Main Street
Auburn, WA 98001
17 . Waiver. Neither payment by Sound Transit nor performance by City shall be
construed as a waiver of the other Party's rights or remedies against the other.
Failure by a Party at any time to require full and timely performance of any
provision of this Agreement shall not waive or reduce the Party's right to insist
upon complete and timely performance of such provisions thereafter.
18. Survival. The provisions of paragraphs 9, 10, 13, 14, 15 and 18 of the Project
Agreement and paragraphs 6, 9,10 and 12 of this Agreement shall survive a
termination of this Agreement.
19. Termination Provisions. City agrees that it may not exercise the termination
provisions of Section 16 of the Project Agreement with regard to the obligation it
has undertaken in this Agreement to construct the K&R.
20. Consultation. Appropriate designated representatives of the Parties shall consult
at least twice annually to review parking management, maintenance, parking
policies and procedures, and other issues that may arise and work cooperatively to
reach necessary resolutions, invoking the dispute resolution process set forth in
the Project Agreement if necessary, prior to bringing any legal actions.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this _ day
of March, 2004.
SOUND TRANSIT
By:
Its:
:~o~~
Its: Mayor
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Attest:
Office of LOlal CouDsel
Approved as to Form:
)2âkM( ¿11da;----
Danielle E. Daskam, City Clerk
'ìd
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Concurring:
KINGC~YD
By:
Its:
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AGREEMENT BETWEEN CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY FOR THE DEVELOPMENT AND MAINTENANCE OF A KISS-AND-
RIDE PARKING LOT AND CONVEYANCE OF REAL PROPERTY INTERESTS
EXHIBIT A:
Agreement Between King County, City of Auburn and Central Puget Sound
Regional Transit Authority for the Planning, Design and Construction of the
Auburn Multimodal Transit Facility (October 26, 1999)
AGREEMENT
BETWEEN
KING COUNTY,
CITY OF AUBURN
AND
..
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
FOR
THE PLANNING, DESIGN AND CONSTRUCTION OF THE
AUBURN MULTIMODAL TRANSIT FACILITY
Sounder Commuter Rail
RECEIVED
JAN 102000
21)67113.04
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TABLE OF CONTENTS
~ECITALS...............................................................................................41
1. ColJaborative Project Design and Development ...........................................................3
2. Project Budget & Financing.... ............... ................ ........................ ..............................4
3. Project Schedule .............. ..... .... ............ ...... .............. .......~.................. ..........................4
4. Project Management................................. ........................ ........................... ............ ..... 4
5. Contract Administration ., ........ .....................:............... .................... .................... ........4
6. Final Design and Approval............ ................. ..............................................................5
7. Property Acquisitions and Street Vacations................................................................. 5
8. Permits, Approvals and Community Relations ............................................................ 5
9. Ownership and Use of Facilities .................................................................................. 6
10. Maintenance of Facilities......... ............ ........................ .................. ..............................7
11. Cooperation Regarding Maximum Use of Grant Funds ..................:........................... 7
12. Project B i]]ings ......................................... ......................................... ...........................7
13. Hold Harmless and Risk ..ManagemenL..................................................................... 7
14. Insurance...................................................................................................................... 8
15. Records and Audit ...... .......... ........ ... ................. ............ ........................ ..................... ... 8
16. Duration and Termination......... ............... ............................................ .......... .............. 8
17. Dispute Resolution.......... ......... ......... ............ ...... .... ........... ..... ......... ...... ...................... 8
18. Miscellaneous Provisions ...... .............. ............:. ...... ........... ............... ........ ..... ...... ........ 9
a. Publicity............... .......... ........... ......... ....... .......... ......... ,..... ........ ...... ............. ..... 9
b. ugaJ Relations...... ..... ....... ............... .... ................. ...... ....... ...... ............. ............ 9
c . Notices.................................................;.......................................................... ~.. 9
d. Waiver......... ................ ...... ....... .... ........... ....... ............... ........... .......... ......... ..... 10
e. Survival ........................ ............ ..... ...... ... ..... ......... .................... ...... .... .............. 10
f. Entire Agreement .; ...... ..... ..~...... ............. ....... ...... ........ ............ ....... ..... .............. 10
g. Jurisdiction................. .............. .............. .......... ...... ..... .......... .... ...... ......... ........ 10
h. Severability................. .... .......... ............ ....... ... ...... ..... ............. ............ .............. 10
J. Counterparts..... .............. ........... ............. ....... .;..... .................... ...... .................. 10
EXHIBIT A - PROJECT COMPONENTS...... ...................................;........10
EXHffiIT B - PROJECT BUDGET.................................................... ..... .10
EXHffiIT C - PROJECT SCHEDULE..:....................................................I0
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206783.04
AGREEMENT
BETWEEN
KING COUNTY,
CITY OF AUBURN
AND
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY
FOR
THE PLANNING, DESIGN AND CONSTRUCTION OF THE
AUBURN MULTI MODAL TRANSIT FACILITY
THIS AGREEMENT is made and entered into this '.l..(p.ÿ/¡. day of
O~ /Ý , 1999, by and between King County through its Department of
Transportation ("County"), the City of Auburn ("City") and the Central Puget Sound Regional
Transit Authority ("Sound Transit").
RECITALS
A. County adopted the Six Year Plan for Transit Development on December 1],
1995.
B. The Six Year Plan incJudes an appropnatlOn for transit passenger capital
improvements, incJuding funds for development of a transit hub in Auburn.
C. Sound Transit is a duly organized regionaJ transit authority eXIstmg under
Chapters 81.104 and 81.112 RCW and has aU powers necessary to implement a high capacity
transportation ("HCT") system. On November 5, 1996, centra] Puget Sound area voters
approved local funding for Sound Move, Sound Transit's ten-year regional transit plan. The plan
incJudes light rail, commuter rail, and a regional express bus/HOV system that wiU be integrated
with ]ocal transit systems and use a single or integrated, regional fare structure.
D. Sound Transit intends to begin commuter rail service between Seattle and Tacoma
in late 1999 with service to south King County and north Pierce County, incJuding the City of
Auburn.
E.
in Auburn.
Consistent with Sound Move, Sound Transit will develop a commuter rail station
F. The Environmental Assessment entitled Tacoma-to-Seatt]e Commuter Rail,
prepared by Adolfson Associates, Inc., dated December 1997 calls for the construction of
540 parking spaces at the Auburn commuter rail station, which are required to mitigate parking
impacts that would otherwise occur to downtown Auburn when the station is fu]]y operational.
The impact of surface parking in excess of 150 stans for the facility has not been reviewed or
evaluated under SEP A. .
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JIYJ4199
G. Sound Transit warrants that the project including the fun complement of 540
parking stalls wi)) be available within twenty-four months of the effective date of this
Agreement.
H. City has contributed $3 million in funding to support construction of the facility
and $2.1 million in improvements to adjacent streets, avoiding the need for the project to absorb
. costs associated with traffic mitigation.
I. King County's Six Year Transit Development Plan and Sound Move can for
partnerships to accomplish needed public transportation improvements.
J. County has been awarded $600,000 in Central Puget Sound Transportation
Account (CPST A) Transportation Improvement Board (TIB) grant funds (TIB Project
Agreement for Design Proposal, May 30, 1997) for purposes of developing an Auburn transit
bub, to which the County is wi))ing to add $900,000 of its own capital funds for a total County
contribution of $1.5 mi))ion dolJars.
K. County currently has a park and ride facility commonly known as the 15th St. N.
Park and Ride in the City of Auburn serving its present bus system.
L County, City and Sound Transit will benefit by developing a coordinated
multimodal transit facility in Auburn (the "Project") to serve as a commuter rail station and King
County transit hub.
M. City in cooperation with Sound Transit and County in antIcIpation of Sound
Transit passage and. authorization for a muJtimodal transit facility for bus and rail in Auburn,
completed the Auburn Commuter Rail Station Siting study in December 1994 (the "Site Plan")
which was prepared by Otak, Inc. ("Otak"). A downtown plan (the "Downtown Plan") study
was also undertaken by City to insure, in part, that the siting and design of the Project are
compatible with existing and proposed land use and circulation systems in the vicinity of the
Project and are consistent with regional and local planning documents prepared pursuant to the
Growth Management Act. This study was adopted by City's council on December 19, 1994.
City has also contracted to update and refine the site plan as a part of the Downtown Plan and
has requested Otak to perform a funding anocation analysis for the Project. Both studies:
induded the use of a parking structure to minimize impacts on Auburn's downtown and to
further transit-oriented development in the vicinity of the facility.
N. The Parties intend that the Project wilJ be planned, designed and constructed
using a combination of appropriated County, state and federal grant funds, City grant and local
funds, and Sound Transit funds.
O. City has adopted a resolution affirming the Site Plan and approved the area
generally described as C Street SW and A Street SW between Main Street and 3rd Street as the
location of the Project (the "Project Site"). Pursuant to environmental review, Sound Transit has
selected the Project Site as the site of its Auburn transit facility. County has also approved the
Project Site for its Auburn transit hub.
-=:-
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206783.04
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P. Sound Transit, the County and City have established a Technical Advisory
CoIÌm1iuee ("TAC") to assist Sound Transit in selecting a design team, preparing the design
program, and reviewing and approving the Project design as it is developed. The T AC is
comprised of City staff, County staff, Sound Transit staff and community and business
representatives.
Q. Sound Transit and County have entered into an umbrelJa Memorandum of
Understanding, dated May 5, 1998, regarding intergovernmental cooperation, which specifically
contemplates project-level agreements such as this Agreement.
R.
Project
The Parties wish to establish tenns and conditions for the joint development of the
NOW, TIIEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:
1. Collaborative Protect Design and Development.
1.1 Protect Purpose. The purpose of the Project is to construct an integrated
facility serving local and regional transportation needs for bus and rail passengers, incJuding any
ancilJary facilities, such as transit patron parking, incJuding limited parking for downtown
Auburn, passenger drop-off zones, and bus, auto, bicycle, and pedestrian access facilities, a
pedestrian bridge over the railroad tracks and other facilities service the needs of transit users.
1.2 Functional Requirements of the Protect. The Project, as shown in the
design drawing attached as Exhibit A, is consistent with Sound Transit's design criteria and
functional requirements for commuter rail stations and win accommodate requirements for
County transit operations incJuding but not limited to an excJusive transit only roadway, bus
layover areas, transit patron parking, loading space for bus passengers, including shelters with
lighting and lighted passenger waiting areas, paratransit loading areas, auto passenger drop-
off/pickup areas (kiss and ride), bicycle storage, lockers and racks, customer information areas,
and bus operators' comfort stations/restrooms. It also addresses needs related to bus
transportation such as separation between passenger waiting/loading platforms and parking
access, layover staging areas, turning radius requirements, safety requirements, and bus
passenger needs.
In addition, the Phase I and ß design drawing shows a multi-story parking garage with a
first floor retail component.
1.3 Protect Components. The Project will include the project facility
components described on Exhibit A hereto consistent with the conceptual design contained
within that Exhibit. The Project components and conceptual design will be materially changed
only .with the unanimous agreement of the parties, which agreement shaH not be unreasonably
withheld.
1.4 Contract Administration. Sound Transit will be responsible for obtaining
permits and approvals, contracting for site work and construction, and overseeing actual
development of the Project. County and City representatives will participate in the development
3
206783.04
ICYI4199
of the Project as members of the Project Development Team. City wiJl design, obtain permits for
and cause the construction of certain off-site mitigation work resulting from the Project as set
forth on Exhibit A. City will also design, obtain permits for and cause construction of the retail
communal space proposed for the ground floor of the parking garage.
2. Proiect Budget and Financing. A table containing the anticipated budget for the
Project (the "Project Budget") is attached as Exhibit B. King County' shall contribute
$1.5 mi]]jon to the transit hub-related expenses of the Project. Sound Transit wiJl contribute
(incJuding previously incurred expenses) a total of $'10.5 miJlion (YOE). The City wiH
contribute a total of $5.1 miHion ($1.5 miJlion of which is allocated to construction of the
pedestrian bridge, $.4 for planning, $1.1 for the retail shen and for the 45 spaces allocable to City
in the parking garage and $2.1 of which is attributed to fulfiJling Sound Transit's mitigation
requirements (including previously incurred expenses)).
3. Project Schedule. County, City and Sound Transit have jointly developed a
preliminary Project schedule, consistent with Sound Transit's overall commuter rail schedule,
including milestones for the planning, design and construction phases of the Project. Future
versions of the schedule will include anticipated cash flows during Project development. A
preliminary project schedule is attached as Exhibit C. The Project schedule envisions phased
construction with an facilities other than the parking garage, plaza and pedestrian bridge being
constructed in Phase I, and the parking garage, plaza, kiss-and-ride and pedestrian bridge being
constructed in Phase II. Building permits wiiI be issued by the City based upon Sound Transit's
commitment to timely complete Phase I and II not later than twenty-four months from the
effective date of this Agreement. City wiH issue a Temporary Certificate of Occupancy of
limited duration for the Project at the end of Phase I, and both phases shall be fully completed
prior to City's issuing a final Certificate of Occupancy for the Project. Regardless of the schedule
for completion of Phase II, Sound Transit wiH complete the fun bus facility prior to the
implementation of full bus service by County. The fun bus facility shaH consist of the bus-only
roadway and the amount of bus zone curb space as required to be operationally acceptable to
County. Subject to approval in the County Council's annual appropriations and service planning
processes, the County shaH continue to operate bus service to its current Auburn park & ride lot
at 15th Street North if it is needed to provide the total number of parking spaces indicated by the
Environmental Assessment.
4. Prolect Management Team. County, City, and Sound Transit wiH form a
development team (the "Project Development Team") comprised of a Sound Transit Designated
Representative appointed by Sound Transit, a County Designated Representative appointed by
County, a City Designated Representative appointed by City, the station design team selected by
Sound Transit, and others as appropriate. Sound Transit, County and City Designated
Representatives may be changed by the party appointing such representative upon notice to the
other parties as provided in this Agreement. The Project Development Team wiH coordinate
regularly with the Auburn T AC. Engineering, construction, operation, and maintenance issues
will be considered during the planning phase and may be addressed in an addendum to this
Agreement or in a subsequent agreement or agreements among the Parties.
5. Contract Administration~ Sound Transit shall be responsible for the execution and
administration of any contracts necessary or useful for the planning, design, construction and
4
206783.Ot
H.-I 4199
operation of the Project (excepting only those Project mitigation measures and the potential
ground flom retail in the parking garage for which City has been designated as the responsible
party (see Exhibit A). Sound Transit shall comply, and shall ensure that its contractors comply,
with (a) all applicable terms of Agreement 4S-540(OOl)..:1 between County and Washington State
Transportation bnprovement Board; (b) limitations applicable to other grant funds, if any; and
(c) all federal, state and local Jaws, regulations, and ordinances applicable to the work and
services to be performed under this Agreement. All Sound Transit consultant and construction
contracts shall comply with applicable public works and procurement laws and regulations,
including, but not limited to, bonding, prevailing wage, nondiscrimination, retainage
requirements, insurance, and workers compensation.
6. Final Design and Approval. The parties have reviewed and approved conceptual
and final design drawings. At each of these phases, County and City representatives reviewed
and provided comments on the drawings to Sound Transit. The County and City have been
involved throughout the design process, therefore the formal review of contract drawings is
primarily to determine conformance with the Downtown Plan, the EIS for the Downtown Plan,
City of Auburn design and construction standards and for errors in the drawings, rather than an
opportunity to bring about new design concepts and requirements. The Parties shall continue to
work expeditiously to resolve any differences and remaining disputes shall be resolved pursuant
to the dispute resolution process set forth in Paragraph 17 of this Agreement. Except to the
extent otherwise provided herein, the Project shall be subject to City's normal permit approval
process.
7. Property Acquisitions and Street Vacations. To facilitate City's 3rd Street
improvements project and Project development:
a. Sound Transit and City will cooperate with each other in the acquisition of
portions of the Aeronautical Machinists Union property.
City wiJl vacate or grant street use permits for certain portions of B Street and the alley between
2nd and 3rd Streets and A and B Streets, to mitigate lost parking to the Aeronautical Machinists
Property, and will vacate or provide street use permits for other streets necessary for
development of the Project; all as set forth on Exhibit D.
b. . Sound Transit has arranged for the conveyance of portion of the Berg property
along C Street for the City's use in development of the Third Str~et Overpass and C Street Ramp
projects.
8. Permits. Approvals and Community Relations. Sound Transit shall with respect
to its construction activities, but not those to be performed by City:
a. Be responsible for issuing the EA and obtaining all pennits (including
those to be obtained from City), licenses, easements, except as provided herein, street vacations,
zoning changes, rights of way, environmental documentation and such other approvals as may be
, necessary or useful to complete the Project;
5
206783.04
IWJ4199
b. Pay an fees or costs associated with Project out of funds available for the
Project as set forth in the Project Budget, keep records of aJ] such expenditures and provide
County and City with a copy of same upon request.
c. Be responsible for coordinating all necessary community relations
activities related to the Project, with the cooperation and participation of County and City. These
activities include, but are not limited to:
·
public meetings and hearings on environmental documents, as required;
· distribution of notices and relevant materials to, and attendance at and
participation in meetings of, existing groups and organizations in Auburn neighborhoods affected
by the Project, such as neighborhood planning committees in the station areas and local
chambers of commerce;
· ongoing updates on the progress of station design, development, and
pennitting, distributed to existing groups and organizations, and to community newspapers and
other media outlets; and
· Notice regarding Project milestones and opportunities' for agency and
public input, in compliance with this Agreement or as required by law.
9. Ownership and Use of Facilities. Unless otherwise agreed in writing by the
Parties, an improvements for facilities on the Project Site shall become the property of Sound
Trànsit upon completion and final acceptance of the Project. County shall retain the non-
exclusive right in perpetuity to use designated portions of the Project improvements for its bus,
vanpool, paratransit, and Qther bus transit passenger purposes and Sound Transit will enter a
perpetual lease agreement with City for City's exclusive use of retail space and use of 45 spaces
as designated by Sound Transit in the parking garage. In addition, City shan have the right to
regulate traffic signals both on and off the Project. The parties intend that the parking garage be
primarily used by commuter rail and bus patrons from Monday through Friday, 6:00 a.m. to 6:00
p.m., with 45 spaces permanently available for (time-limited) use by non-commuter public. At
all other times, when spaces are not reserved for the primary use of commuter rail and bus
patrons such spaces shan be available for general public use. Sound Transit reserves the right to
charge a fee, with respect to all spaces in the parking garage other than spaces designated for
City use, if deemed necessary to preserve the primary use of the structure for commuter rail
parking or to provide additional revenue. City shan also have the right, with Sound Transit's
approval, to develop at its cost, risk and expense an additional parking garage on the property
designated as a parking Jot on Exhibit A located on the west side of the Burlington Northern
tracks east of C Street, south of Main Street and north of Third/Cross Street, or on other property
provided by Sound Transit. If constructed by the City all spaces in this new parking garage shall
be used by Sound Transit in lieu of the same number of spaces located in the structured parking
garage shown on Exhibit A, which spaces shaH thereafter be available for the exclusive use of
the City. Further, the parties agree that the "kiss and ride" parking staHs reserved for commuter
use during the hours of 6:00 a.m. through 9:00 a.m. and 4:00 p.m. through 7:00 p.m., Monday
through Friday (except for national holidays) shaJI at all other times be available for general
public use. Sound Transit's approval of City's proposal to construct a new parking garage shall
6
. 206783.04
J(YJ4199
be in its sole discretion and may consider factors including, but not limited to capacity, and
access to new garage and schedule for completion.
10. Maintenance of Facilities. Sound Transit shan be responsible for operating and
maintaining all of the Project facilities, except public waterlines and other public utilities, off-site
improvements and traffic signals which shan be operated and maintained by City, and except
commercial space which will be under the control of City and may be leased by City to third
parties. County and City retain the opportunity to contract with Sound Transit to provide
ongoing maintenance and operation services at costs and terms to be negotiated between the
Parties. The Parties may address issues about ongoing maintenance and operation of the Project
facilities in supplemental agreements.
11. Cooperation Re~arding Maximum Use of Grant Funds. The Parties agree to use
reasonable efforts in compliance with all applicable laws and regulations to exchange grant and
other funds in such a way so as to enhance eligibility for and avoid limitations on the use of grant
funds.
12. Proiect Billin~s. The Parties shall agree on a progress bilJing mechanism
(schedule of draws) which reflects the timing of their respective financial contributions to the
Project. Pursuant to said draw schedule, Sound Transit shaH submit invoices to County and City
for expenses incurred by Sound Transit under this Agreeme~t. County and City reserve the right
to request copies of invoices and supporting documents evidencing expenditures for which
Sound Transit seeks reimbursement. Consistent with the draw schedule, County'and City shaH
make payment within thirty (30) days after receipt of an invoice from Sound Transit unless funds
are provided through grants, in which cash payment shall be within thirty (30) days of receipt of
applicable grant funds.
13. Hold Harmless and Risk Management. To the maximum extent permitted by
law, the each p'arty shall defend, indemnify and hold harmless the other parties and all of their
officials, employees, principals, and agents from all claims, demands, suits, actions. and liability
of any kind, including injuries to persons or damages to property, which arise out of, are
. connected with, or are due to any acts or omissions of the indemnifying party, its contractors,
employees, age]Jts or represel1tatives in performing its work, services and obligations under this
Agreement; provided, however, that if (and only if) the provisions of RCW 4.24.115 apply to the .
work and services under this Agreement and any such damages and injuries to persons or
property are caused by or result from the concurrent negligence of two or more of the parties or
their respective contractors, employees, agents, or representatives, each party's obligation
hereunder applies only to the extent of the negligence of such party or its contractor, employees,
agents, or representatives. In the event of any claims, demands,. actions, and lawsuits, the
indemnifying party shall assume all costs of defense thereof, including legal fees incurred by the
other parties, and of all resulting judgments that may be obtained against the other parties or any
of their officers, principals, agents or employees. Each party specifically waives, as respects
claims for defense and indemnification made by the other parties only, any immunity it may have
under the Worker's Compensation Act, RCW Title 51; and the parties recognize that this waiver
was the subject of mutual negotiation and specifically entered into pursuant to the provisions of
RCW 4.24.115, if applicable. In the event a party incurs. attorney's fees, costs or other legal
7
206783.04
)01)4199
expenses to enforce the provisions of this section against the other party, an such fees, costs and
expenses shall be recoverable by the prevailing party.
14. Insurance. Taking into account the scope of work and services to be performed
by contractor(s) to the Project and the amount of insurance typically required of projects of the
scope of the Project, Sound Transit shaH determine whether, and in what amounts, it and its
contractors shall obtain and maintain public liability, professional liability, builders risk and any
other insurance coverage. Such insurance shall include coverage for any damages or loss
(including defense costs) on account of bodiJy injury, property damage, and/or other damages.
An liabiJity insurance policies shall include County and City and their respective officers,
officials, agents, and employees as additional insureds and shall contain "severability of interest"
(cross liability) wording. Sound Transit's and the contractor's insurance shall"be primary to and
not contributing with any insurance or self-insurance which may be carried by County or City.
Sound Transit shall provide builders risk insurance on improvements to the Project in an amount
equal to the replacement value of such improvements.
15. Records and Audit. During the progress of the Project and for a period of not less
than three (3) years from the· date of final acceptance and completion of the Project, Sound
Transit shall keep available records and accounts pertaining to the Project for inspection and
audit by County and City representatives. Copies of the records shan be furnished to the
requesting party upon request and shall be maintained in accordance with a work order
accounting procedure prescribed by the Division of Municipal Corporations of the State
Auditor's Office.
] 6. Duration and Termination. This Agreement shan take effect upon its signing by
the Parties and shall remain in effect unless terminated in accordance with this section. A Party
may terminate its participation in this Agreement without recourse prior to the entry into
construction contracts for the construction of improvements composing the Project when its
perfonnance is rendered impossible or impractical for reasons beyond such Party's reasonable.
control, including but not limited to, termination of grant funds supporting the Project or ongoing
funding by the King County Council, Sound Transit Board, or City's Council. Notice of
tennination of this Agreement shall be given by the Party terminating this Agreement to the
other Party not less than thirty days prior to the effective date of termination. Expenses for items
contained in the Project Budget incurred for the Project prior to, the effective date of a
tennination, along with reasonable costs associated with such termination shall, to the extent
allocable to the terminating party, remain the obligation of the terminating party and shall be
paid promptly.
17. Dispute Resolution. The Parties agree to use their best efforts to resolve disputes
and other matters arising out of the planning, design and construction of the Project or the
ongoing administration of the· Project faciJities. If an issue cannot be resolved by the Sound
Transit Designated Representative, the City Designated Representative and the County
Designated Representative, any Partyïn dispute may invoke a formal conflict resolution process.
The first step in the process is a meeting including County Manager of Service
Development and Sound Transit's Director of Commuter Rail and City's Public Work's Director.
If these Parties cannot resolve the issue in a timely manner, the second step in the conflict
8
206m.04
)W)4199
resolution process shaH be a meeting of the Còunty Director of Transportation, City's Mayor,
and the Sound Transit Executive Director. ]f these representatives cannot resolve the issue in a
timely manner, the County Executive, the Chairman of the Board of Sound Transit, and City's
Mayor shall meet and attempt to resolve the dispute. The Parties agree to exhaust an three steps
of the dispute resolution process before seeking redress in a court of law or other tribunal.
18. Miscellaneous Provisions.
a. Publicity. All news releases and public reports issued by Sound Transit,
County or City describing any activity on the Project involving the Parties shall incJude a
reference to the other Parties. Other than general Project descriptions, notices of pub~ic
meetings, and similar documents, no Party should release any information about the Project to
the news media or to the public without the prior consent of the others.
b. Le£al Relations. It is understood and agreed that this Agreement is solely
for the benefit of Sound Transit, County, and City and gives no right to any other entity or
person. No joint venture or partnership is formed as a result of this Agreement. No employees
or agents of Sound Transit or any of its contractors, subcontractors, consultants or employees
shall be deemed, or represent themselves to be, employees of or under contract to County or
City. Sound Transit shan comply, and shall ensure that its contractors comply, with all federal, state
and local laws, regulations, and ordinances app]icable to the work and services to be performed
under this Agreement.
c. Notices. All notices, requests, demands and other communications under
this Agreement shan be in writing, and shan be personally delivered or sent by registered or
certified mail, postage prepaid, return receipt requested, or by telegram, rate paid, confirmation
requested to the addresses set forth below:
COUNTY:
King County Department of Transportation
201 S. Jackson St., MS-KSC-0413
Seattle, W A 98104-3856
Attn: David Feltman (206) 263-3723
Fax: (206) 684-1860
e-mail: David.Feltman@metrokc.gov
Sound Transit:
Central Puget Sound Regional Transit Authority
401 South Jackson Street
Se~ttle, W A 98104
Attn: Val Batey (206) 389-5117
. fax: (206) 398-5216
e-mail: bateyv@soundtransit.org
9
206783.04
JO'J4199
CITY:
City of Auburn
Public Works Department
25 West Main
Auburn, WA 98001-4998
Attn: L. Jack Locke, P.£. (253) 931-3010
Fax: (253) 931-3053
e-mail: jlocke@ci.aubum.wa.us
Any party may change its address for purposes of this section by giving the other parties written
notice of the new address in the manner set forth above. All such notices shall be effective upon
receipt or first attempted delivery.
d. Waiver. Neither payment by County or City nor performance by Sound
Transit shall be construed as a waiver of the other Party's rights or remedies against the other.
Failure by any Party at any time to require full and timely performance of any provision of this
Agreement shall not waive or reduce the Party's right to insist upon complete and timely
performance of such provisions thereafter.
e. SurvivaL The provisions of paragraphs 9, 10, 13, 14, IS, and 18 shall
. survive a termination of this Agreement.
f. Entire Agreement. This document contains an terms, conditions and
prOVISJOnS agreed upon by the Parties hereto and shan· not be modified except by written
amendment.
g. Jurisdiction. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington. The Superior Court for King County,
Washington, shall have exclusive jurisdiction and venue over any legal action arising under this
Agreement.
h. Severability. If any pn)vJsJon of this Agreement is held invalid or
unenforceable by any court of final jurisdiction, the remainder of this Agreement shall not be
affected thereby if such remainder would then continue to serve the purposes and· objectives
originally contemplat~d.
i. Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each Qf which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
10
206783.04
111114199
INff~OF, the Parties heTeto have executed this Agreement this
, 1999.CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY
4~~¿
By:
Its: h"t:..¡;r/f 1>,,"~cl6'1.
ApPToved as to Form:
~/~6--
'Šo;n - T sit Legal Counsel
By:
Its:
CITY OF AUBURN
By:
C.J..o.\I~ q ,'\;1,~ H4¡1/~
I· f
Its:
10-/8 -99
11
206783.04
rJ~}h
¿. (p day of
1n'14J9C)
EXHIBIT A - PROJECT COMPONENTS
Auburn Station
Located from C Street SW to A Street SW
between Main Street and 3rd Street, Auburn, Washington
(The construction of the Auburn Station will be accomplished under at least two construction contracts in two
phases. This agreement is for full station development.)
A. Phase I Construction - Auburn Commuter Rail Station Components.
1. Platforms: Two side platforms approximately 600 feet in length and 16
feet wide, one "mini-high" (whee1chair accessible) platform on the north
end of each platfonn.
2. Canopies: Shelters providing coverage for 100% of riders on the A.M.
peak train. Canopies provide wind protection (screens) as wen as rain and
sun protection. Canopies are lighted and incorporate station-identification
(signs).
3. Other Platfonn amenities: benches, trash receptac1es, lighting, informa-
tional signs, etc.
4. "Back of Platform" items: Ticket Vending Machines, telephones, power
for vendor carts, information kiosk, informational/directional signs,
communications shelter.
5. Pedestrian/other Non-Motorized Connections/Access: Pedestrian/wheel-
chair accessible grade crossing on Main St., sidewalks, crosswalks,
whee1chair ramps, connection to pedestrian!bicyc1e path under future 3rd
St. Overpass, connections to City bike lanes, bicyc1e racks and bicyc1e
storage lockers on both sides of the station.
6. Passenger pick-up/drop-off area: Curb space for queuing vehicles, short
term parlång for up to 15 vehicJes, special pavement connections, wheel-
chair ramps, to platfonnlplaza.
7. Transit Hub,. including:
a. Approximately 9 bus bays in c10se proximity to the commuter raiJ
platforms (expandabiJity to 12 bays in future desirable). .
b. Bus-onJy roadway (special. pavement treatment), crosswalk(s),
wheelchair ramps.
c. Passenger Shelters.
d. Lighting.
e. Signage.
f. Landscaping.
12
206783.04
ICY) 419?
g_ Drainage.
8. Landscaping: Back of platform, parking lot(s) and passenger pick-
up/drop-off area.
9. Parking:
a. Surface Parking Lot-Approximately 104 stalls inc1uding lighting,
landscaping, storm drainage, signs, platfonn access.
10. Off site Improvements:
a. 3rd Street Overpass/C Street Ramp - Signal at Main and C Streets.
b. A Street SW Improvements - From Main St. to 3m St. SW,
including 2nd Avenue between A St. and the new transit street (old
B Street alignment), inc1udestwo traffic signals, at 2nd and A, and
2nd and B Streets
c. Right-of-way vacations - Portions of Band 151 Streets.
d. Offsite stonnwater quality control.
B. Phase ß Construction - Auburn Commuter Rail Station Components.
1. Pedestrian plaza and landscaping in and around pedestrian plaza.
2. Parking Garage
3 ~ to 4 stories, providing parking for approximately 400 - 500 cars, 45 of
which wj]J be designated for use by the City (pubJic parking). (The total
number in Phase 1 and Phase II combined shall not be less than 540). One
elevator. Fire sprinklers. Lighting. Signage. Retail shell for up to 18,000
square feet of retail (including utilities). Parking Garage Retail - finished
retail space, approximately 18,000 square feet on north and east sides of
the ground floor. Storage and commissary for plaza vendors' carts, etc.
Public RestroomslDriver Comfort Station. Sidewalks, drainage,
landscaping.
3. Pedestrian Bridge.
Connecting from garage on east side to parking area (potential future
garage area) on west side of station. Includes one elevator, stairs, lighting
and signs.
4. Passenger drop-off/pick-up area (kiss & ride) area.
5. Completion of bus-only roadway through to exit on A Street, or other
acceptable alternative such via Second St. to A St.
13
2D6783.04
IM4199
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14
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EXHIBIT C
PROJECT SCHEDULE
Formation of Technical Advisory Committee
Done
Preparation of Tacoma to Seattle commuter rail
environmental review document
Done
Station Design
December 1998 to May
1999
Environmental Documents issued by Sound Transit!Ff A
Done
Ff A approval of environmental review document
FONSI issued 6/1 0/98
Phase I Construction Begins
August 1999
Financing in place for Phase II
Nov./Dec. 1999
Phase I Construction complete/shakedown begins
Nov./Dec. ]999
Tacoma to Seattle Commuter Rail service commences
TBD
Phase II Construction Begins
Jan./Feb.2oo0
Phase II Completion
September 2000
15
206733.04
J()'J4J99
EXHIBIT D
STREET VACATIONS AND STREET USE PERMITS
16
206m.Of
1M 4199
TR NO. ~~ <6 ~Qq
PERMIT NO. qq d 'JI
CITY OF AUBURN
DE?A?TMENT OF PU9LIC WORKS, ENGINEERING DIVISIGN
F!GHT-Of-~~YUSE PE~~ITfAPPLIC^TION
The Public Harks cor.~it~ee of the city Council establishes policy
regulating Uses per~itted in, on, under and above the public right-of-vay
uithin the City limits. The city E~gineer is responsible to ad~inister
these policies and 2oorove all Ferill1tted uses. The citv assu~es no
liability, expresseè-~r i~~lied, as a result. cf granting pe:::-I:1ission to the
per~ittee to use the right-c:-~~Y, ~s requested. See attached s~ee~ fc~
general ccnditions.
~)~~ Or OEG.~~IZ~~!ON:
$cund"ìrz.:ts'::t
O=FICE~/AG=:NT/?~~SCN ?EQC::S?:XG :-=~'1!T f:: T:::':'I.E: V.=l 5.-J::ey,?r::>j2C( ~f2nageT
ADDRESS: 1100 2nà Ave. $te 500. Se~ttle WA 98101-3423
. TELE~!-:ON=:: (206) 398-5117
DESIRED USE & LOCAT:ï:ON·Oë RIGHT-OF-WAY: ConsaucÜon of transit: st2r.ion. Phases
One aod T~o. Se~· at~âcheå R/U plan.
LEGAL DESC~!PTION OF p~O?~~TY (ONLY FOR P:::~~~TS TP~T ~~~ TO E~ R~CORD~D):
See a~~~ched plèo.
The DepartT.lent. recui~es t."'1e I:~e, zddress, and telephcne m,,::;jber of three
(3) responsible p~rsons, 2~Y of which can be contacteè 2t 2r-V ti~e durinç
the life of the pe~it in t~¿ eve~t the need arises.
[] E~_~ER INSPECTED
[X] . INSUR~~CE REQUI~~D
[ ) . BOND R£QUI~D'
(*J HOLD F~_~~LESS AG~~S~Z~T ~~QUI~~D
$?LCIAL PROVIS~ONS: ?ortioõlS of ri~;"r-('\;
Date Inspecteè:
Date Receiveè:
Da~¿ Received:
Date Received:
tÿ:
w~y r~ ~p v~r1rD~ under
s<!~2rate rC<H ('<;-
A Right-of~~ay Use ?e~it is r-e=e=y grant.ed, as
Special Provisior.s, i~anYd C t R "'
. .:>oum er ommu er al
cc: Pub~ic \-õorks ope=a~iREeEt\$ËO
Pol~ce Chief .
Fire Chièf
OCT 01 1999
ab:r.¡e te~S <:!.nd
ILl) é~/d1
r / ¿k;f~2.;,;> - Ý:h'''/ J;>
.7 /Y).
RLC. H:\FORMS\F£068
Ic.f.~~'';;':·W~?~'':.~~:''·l
O~te:
7Æ<6/7'/
,
·'~
HOLD HARMLESS ÀGR£EM£NT
For nnd in consideration ot being given permissIon by the
City ot ^uburn, W3shington, to use City right-ot-vay (location
..
ðnd.use liS described on the Permit) vithin the corporate limits
of the city ot Auburn, Washington the undersigned being the user
of said property and heirs, successors and ~s3igns herevith
proreises to Indeanlty, derend and hold haD31ess the city or
Au~~rn and its officials, agents, and e~ployees freD any and all
liability for bodily injury cr property da~age claims vhatsoever
arising out 'of ar.d at a~ve-refereñced use and location including
court costs, attorneY6' fees and any attendant costs excepti~g
those ~hich arise fron the negligent or vrong(ul ~cts or
o~issions of the city of Auburn, its e~ployees or its agents.
DATED THIS
.?>-r- L.
DAY
/'
of ~U¡ .. /Î J.-<l ~) .
~À'~~ fi)çp Þ:--
SIG}-;ATUžŒ OF APPLlCA..JIT
'ßZ;J-.::V ..--:::/ r7 ~ 'r-'---
J I~,,((
COH?~~Y OR ORG~~IZATION
(Ir Applicable)
STATE OF WASHINGTON )
. _ ) 5S .
County of K011\ )
~
_ On this day personally appeareà before ~e
lfM/rV1Cl 'Q. ~\\íV1t)hm - to me kno'tm to be the Indi vidualdescribèd
in and vho exec~ed. the vithin and foregoing ~nst~ent, and
acknowledged that It¡ë signed the 6~e as \.1\$ free and .
voluntaryaçt and deed, for the uses and purposes therein -
mentioned.
Ju ,~IVEi
,
under ~X h~~,~~,~fficial seal. this
, 19~.r-~ j. EC.c.-"
<::.: .'--.. ',~ 't
;^"-~ ._-~;5\O'" E::'" /;.,..,
.... ..... .- ~ "'t<.., ,
: I /g t\OTARy ~': ~ N
~ :0 ---- ~N j\.t{Y PlJDLIC IN AND FOR TH.è. S~T~y¡j
~t ~" ~_._.jFfWrtSHINGTON, R£SID~NG AT j~)('. ~
t\:i~'~~~ COMHISSION EXPIRES ~_ i Ú01-,
" - I
"""~---
day of
REF. H:\FORMS\FE002
¡
<'
Sound Transit
Attachment to ñght-of-way Use Permit
Scope
Right-af-Way Use Permit for construction of Transit Center, Phases One and
Two, for a term of two years. (See attached map)- Applications for a long-term
Right-of-Way Use Permit and Street Vacations wilt be applied for pñor to
completion of project construction and occupancy.
Conditions
1. Maintain access and utilities to properties not under control of SoundTransiL
Wickham
. Aerospace Union
Access along alley (A SW to B SW) including Harold's Plumbing
2. Exclude general-purpose traffic and 'traffic access to the area. Submit
signing and traffic control plan(s) for City approval.
3. Coordinate all construction activities and shared street use with city of
Auburn and its construction contractors for 3rd SWand A Street SW.
4. A tri-party agreement for construction of the station between SoundTransil. .
King County and City of Auburn must be executed prior to demolition and
permanent removal of street pavements covered by this agreement
Requirements
1. Furnish SoundTransit certificate of generalliability Insurance
2. Furnish contractors insurance certificate for all general contractors working
on site. City of Auburn is to be name as an additional insured.
3. Maintain office or contact person on site during construction hours.
I I j 01\ i , I ~ ~ ~\ !
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II
AGREEMENT BETWEEN CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY FOR THE DEVELOPMENT AND MAINTENANCE OF A KISS-AND-
RIDE PARKING LOT AND CONVEYANCE OF REAL PROPERTY INTERESTS
EXHIBIT B:
Legal Description
Exhibit B
Sound Transit
Sounder Auburn Commuter Rail Station
Legal Description of Real Property to be Conveyed to City of Auburn
That portion of Lots 4 through 6, inclusive in Block 3, Town of Slaughter, according to
the plat thereof, recorded in Volume 2 of Plats, Page 50, records of King County,
Washington. And more particularly described as follows:
Beginning at the northeast corner of said Lot 6;
thence South 0 1°03 '28"W est along the east line thereof a distance of 72.12 feet;
thence North 88°46'46" West a distance of 14.00 feet to the beginning of a tangent curve
concave to the north and having a radius of 17.50 feet;
thence westerly along the arc of said curve through a central angle of34°15'07" a
distance of I 0.46 feet to the beginning of a reverse curve concave to the south and having
a radius of 13.75 feet;
thence along the arc of said curve through a central angle of 34°39'53" a distance of 8.32;
thence North 89°11 '32" West a distance of 144.00 feet to the beginning of a tangent
curve concave to the north and having a radius of 33.20 feet;
thence westerly along the arc of said curve through a central angle of 3 °51' 46" a distance
of 2.24 feet to a point on the west line of said Lot 4 and the beginning of a non-tangent
curve concave to the east and having a radius of 169.50 feet, the center point of which
bears North 82°59'43" East;
thence northerly along said west line and the arc of said curve through a central angle of
7°55'50" a distance of23.46 feet;
thence continuing along said west line North 00°55'33" East a distance of 43.48 feet to
the northwest corner of said Lot 4;
thence South 89°04'28" East along the north line of said Block 3 a distance of 179.68
feet to the POINT OF BEGINNING.
Containing 12,088.64 square feet, more or less.
AGREEMENT BETWEEN CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY FOR THE DEVELOPMENT AND MAINTENANCE OF A KISS-AND-
RIDE PARKING LOT AND CONVEYANCE OF REAL PROPERTY INTERESTS
EXHIBIT C:
Statutory Warranty Deed, Subject to a Reserved Perpetual Easement
RECORDED AT THE REQUEST OF AND
WHEN RECORDED RETURN TO:
Sound Transit
1100 Second Ave., Suite 500
Seattle, WA 98101-3423
(206) 684-6776
Attn: Jennifer Belk
STATUTORY WARRANTY DEED
THE GRANTOR, Central Puget Sound Regional Transit Authority, a regional
transportation authority of the State of Washington, for and in consideration of TEN AND
NO/I00 DOLLARS ($10.00) and other good and valuable consideration in hand paid, conveys
and warrants to the City of Auburn, a municipal corporation, the real estate described in attached
Exhibit A, situated in the County of King, State of Washington, subject to the Reservation of
Easement Agreement set forth in Attachment 1.
DATED:
,2004
GRANTOR:
Central Puget Sound Regional Transit Authority,
a regional transportation authority of the State of Washington
By
Agnes Govern
Its Chief Administrative Officer
STATE OF WASHINGTON)
) ss.
COUNTY OF KING)
I certify that I know or have satisfactory evidence that Agnes Govern is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she authorized to execute the instrument and acknowledged it as the Chief
Administrative Officer of Central Puget Sound Regional Transit Authority to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
,2004.
[Printed Name]
Notary Public
Residing at
My appointment expires:
EXHIBIT A
Legal Description
That portion of Lots 4 through 6, inclusive in Block 3, Town of Slaughter, according to the plat
thereof, recorded in Volume 2 of Plats, Page 50, records of King County, Washington. And more
particularly described as follows:
Beginning at the northeast corner of said Lot 6;
thence South 01 °03'28"West along the east line thereof a distance of 72.12 feet;
thence North 88°46'46" West a distance of 14.00 feet to the beginning of a tangent curve
concave to the north and having a radius of 17.50 feet;
thence westerly along the arc of said curve through a central angle of 34°15'07" a distance of
10.46 feet to the beginning of a reverse curve concave to the south and having a radius of 13.75
feet;
thence along the arc of said curve through a central angle of 34°39'53" a distance of 8.32;
thence North 89°11 '32" West a distance of 144.00 feet to the beginning of a tangent curve
concave to the north and having a radius of 33.20 feet;
thence westerly along the arc of said curve through a central angle of 3°51' 46" a distance of 2.24
feet to a point on the west line of said Lot 4 and the beginning of a non-tangent curve concave to
the east and having a radius of 169.50 feet, the center point of which bears North 82°59'43" East;
thence northerly along said west line and the arc of said curve through a central angle of
7°55'50" a distance of 23.46 feet;
thence continuing along said west line North 00°55'33" East a distance of 43.48 feet to
the northwest corner of said Lot 4;
thence South 89°04'28" East along the north line of said Block 3 a distance of 179.68 feet to the
POINT OF BEGINNING.
Containing 12,088.64 square feet, more or less.
J:\JD1 S\IIHOME\FORMOO24.DOC
A-I
ATTACHMENT 1
RESERVATION OF EASEMENT AGREEMENT
This Reservation of Easement Agreement (the "Easement") is entered this_
day of 2004, by CENTRAL PUGET SOUND REGIONAL TRANSIT
AUTHORITY, a regional transit authority ("Sound Transit") from its conveyance to the
City of Auburn (the "City") with reference to the following facts:
RECITALS:
A. Sound Transit is a regional transit authority, authorized by Chapter 81.104
and 81.112 RCW and a vote of the people to implement a high capacity
transportation system. Sound Transit has constructed a commuter rail
station (the "Auburn Commuter Rail Station"), including a parking garage
and platform within the City, located upon real property owned or leased
by Sound Transit ("Sound Transit's Commuter Rail Station Property"),
which property is legally described in Exhibit A attached hereto. A 21
space kiss-and-ride parking lot remains to be constructed as a part of the
Auburn Commuter Rail Station (the "K&R").
B. The City is a Washington municipal Corportaion.
C. Pursuant to that certain "Agreement Between City of Auburn, Central
Puget Sound Regional Transit Authority for the Development and
Maintenance of a Kiss-and-Ride Parking Lot and Conveyance of Real
Property Interests" (the "Agreement") between Sound Transit and City
regarding the Auburn Commuter Rail Station, which is attached hereto as
Exhibit B, Sound Transit has conveyed certain real property located in the
city of Auburn, King County, Washington legally described and depicted
in Exhibit C attached hereto and by this reference incorporated herein (the
"Property") subject to this Easement.
D. Sound Transit and City intend that Sound Transit shall have the perpetual
rights described herein for use of a 21-space parking lot, including ingress
and egress thereto, and all ancillary and necessary purposes, which
parking lot is to be constructed, managed, and maintained by City,
pursuant to the Agreement, as described in the Agreement and as
described herein.
N:\Sounder Common\ TACOMA-SEA TTLElAuburnlKiss-&-RideIEASEMENT Pre-Final DRAFT 9-1 0-02 ,doc
03/08/04
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Recitals and Exhibits Incorporated. Each recital set forth above and each
Exhibit attached hereto is incorporated into this Easement as though fully
set forth herein.
2. Reservation of Parking Easement. Sound Transit does hereby reserve to
itself a permanent, continuous, non-exclusive easement over, across and
through the Property legally described in Exhibit C attached, for the
benefit of Sound Transit and its public transit passengers, licensees,
contractors, and invitees, and for all purposes necessary or incidental to
providing "kiss-and-ride" parking, and vehicular and pedestrian access to
and from the parking lot and other public transportation facilities and the
public streets, sidewalks, bridges and passenger rail facilities in the
vicinity of the Property. Sound Transit retains the express right to conduct
further groundwater monitoring activities on the Property. The parties'
rights and obligations with regard to the Easement Area are further
defined in the Agreement.
3. City's Use ofK&R Lot. The City may use the Easement Area as
described in the Agreement. The City shall at all times conduct its
activities on the Property so as not to interfere with, obstruct or endanger
the usefulness of any improvements, or other facilities, now or hereafter
constructed upon the Property for the use of Sound Transit or in any way
interfere with, obstruct or endanger Sound Transit's use of the Easement
Area.
4. Binding Effect. The Easement reserved herein shall be appurtenant to and
shall run with the land for the benefit of Sound Transit's Commuter Rail
Station Property and shall inure to the benefit of Sound Transit, its
successors and assigns, and shall be binding upon the Property and the City,
and their respective heirs, successors and assigns.
5. Termination. Sound Transit may terminate this Easement by written notice
to the City at any time. In such event, at City's request, the parties shall
record a termination of easement in the King County real property records.
6. Recording. This Easement shall be recorded in the real property records
of King County, Washington.
N:\Sounder Common\ TACOMA-SEA TTLElAubum\Kiss·&·RideIEASEMENT Pre·Final DRAFT 9·1 0-02.doc
3/8/04
-2-
7. Costs and Attorneys' Fees. The parties hereto agree that in the event it
becomes necessary for any party to defend or institute legal proceedings as a result of the
failure of either party to comply with the terms, covenants, agreements and/or conditions
of this Easement, it is understood and agreed that the prevailing party in such litigation
shall be entitled to be reimbursed for all costs incurred or expended in connection
therewith, including, but not limited to, reasonable attorney's fees (including paralegal
fees and fees for any appeals) and court costs.
8. Notices. Any and all notices or other communications required or
permitted by this Easement or by law to be delivered to, served on or given to either party
to this Easement by the other party to this Easement, shall be in writing and shall be
deemed properly delivered, given or served when personally delivered to such party, or in
lieu of personal services, when sent by facsimile or when mailed by United States mail,
express, certified or registered, postage prepaid, or by a nationally recognized overnight
delivery service, charges prepaid, addresses as follows:
If to the City:
Mayor Pete Lewis
25 W. Main Street
Auburn, WA 98001
If to Sound Transit:
Central Puget Sound Regional Transit Authority
401 South Jackson Street
Seattle, W A 98104
Attn: Martin Minkoff, Director - Sounder
Commuter Rail
Facsimile No. (206) 398-5216
With a copy to:
Central Puget Sound Regional Transit Authority
401 South Jackson Street
Seattle, W A 98104
Attn: Legal Counsel
Facsimile No. (206) 398-5220
All notices so sent by facsimile shall be deemed delivered upon transmission thereof and
all notices so mailed shall be deemed received on the date which is 24 hours after
delivery to the overnight delivery service by the sender, or if placed in the United States
mails, on the date of the return receipt or, if delivery of such United States mail is refused
or cannot be accomplished, 48 hours after deposit in the United States mails. Either party
N:\Sounder Common\ TACOMA-SEA TTLE\Aubum\Kiss·&-RideIEASEMENT Pre-Final DRAFf 9-1 0-02,doc
3/8/04
-3-
may change its address for the purpose of this Section by giving ten (10) days advance
written notice of such change to the other party in the manner provided in this Section.
9. Amendment. This Easement may not be modified, amended or terminated
without the prior written approval of the then owners of Sound Transit's Commuter Rail
Property and the City, its permitted successors in interest, or assigns.
10. Waiver. No waiver or any of the provisions of this Easement shall be
effective unless it is in writing, signed by the party against whom it is asserted and any
such written waiver shall only be applicable to the specific instances to which it relates
and shall not be deemed to be a continuing or future waiver.
II. Captions. The captions and paragraph headings contained in this
Easement are for convenience and reference only and in no way define, describe, extend
or limit the scope or intent of this Easement, nor the intent of any provision hereof.
12. Governing Law. This Easement shall be governed by and construed in
accordance with the laws of the State of Washington.
IN WITNESS WHEREOF, this Easement is executed by the parties, intended to
be legally bound, as of the date first written above.
CITY
By
Name
Title:
SOUND TRANSIT
By
Name
Title:
N:ISounder CommonlT ACOMA-SEATTLElAubumlKiss-&-RideIEASEMENT Pre·final DRAFT 9-1 0-02.doc
3/8/04
-4-
Approved as to Form:
Sound Transit Legal Counsel
State of Washington
County of King
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that (he/she) was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
Title:
Print Name:
Residing At:
My Appointment expires
(SEAL)
State of Washington
County of King
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath
stated that (he/she) was authorized to execute the instrument and acknowledged it as the
of to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated:
Title:
N:ISounder CommonlT ACOMA-SEA TTLElAuburn\Kiss-&·RideIEASEMENT Pre·final DRAFT 9·1O·02.doc
3/8/04
-5-
Print Name:
Residing At:
My Appointment expires
(SEAL)
N:ISounder CommonlT ACOMA· SEA TTLElAuburnlKiss-&-RideIEASEMENT Pre-Final DRAFT 9·10-02.doc
3/8/04
-6-
AGREEMENT BETWEEN CITY OF AUBURN AND CENTRAL PUGET SOUND REGIONAL
TRANSIT AUTHORITY FOR THE DEVELOPMENT AND MAINTENANCE OF A KISS-AND-
RIDE PARKING LOT AND CONVEYANCE OF REAL PROPERTY INTERESTS
EXHIBIT D:
Right-of-Way Use Permit Form
Right-ot-Way Use
Permit
City ot Auburn
Engineering Division
Permit #:
DRAFT
FOR OFFICE USE ONLY
Name of Organization: Sound Transit
Public Works Committee Meeting Date:
N/A
Date Approved:
Documents Received: Date Date
Permit Application Fee D Per Agreement Legal Description D Per Agreement
Initialed Notice to Applicant D N/A Contractor's Additional Insured D N/A
Signed Hold Harmless Agreement D Per Agreement Bond D N/A
Certificate of Insurance D Per Agreement Signed Petition (Abutting Prop. Owners) D N/A
Traffic Control Plan D N/A Banner Inspected D N/A
---------------------------------------------------------------------
FEES
-------------------------------------------------------------------
TYPE
Per Agreement
AMOUNT
PAID
DATE
RECEIPT #
TOTAL FEES:
FEES PAID:
BALANCE DUE:
Special Conditions/Provisions: This Permit shall be subject to the terms set forth in the "Agreement Between
City of Auburn and Central Puget Sound Regional Transit Authority for the Development and Maintenance of a Kiss-
and-Ride Parking Lot and Conveyance of real Propoerty Interests" per Resolution # XXXX, adopted on XXX, XX, 200X.
D Permit Denied-Reason:
D Permit is hereby granted, as per the above terms and Special Provisions/Conditions, if any.
cc: City Engineer
Traffic Engineer City Engineer
Construction Manager
Street Supervisor
Police Chief Date
Assistant Fire Marshal
(Note to cc's: Please review application - questions/comments/conditions contact Angela Wingate at ext. 3120)
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