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HomeMy WebLinkAbout4389RESOLUTION NO.4 3 8 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CAR-SHARING PROGRAM AGREEMENT BETWEEN THE CITY OF AUBURN AND THE STRATFORD COMPANY LLC WHEREAS, pursuant to Resolution No. 4368, the City Council has stated its goals for sustainability, which goals include seeking to balance and support the needs of the community, the environment, the economy and the needs of future generations; and WHEREAS, pursuant to Ordinance No. 6192, the City has instituted a program whereby, the Mayor is empowered to develop and bring to the City Council for approval pilot programs that promote the goals of sustainability as set forth in Resolution No. 4368, which pilot programs may off-set/alleviate current code requirements for residential parking in exchange for strategies and methodologies that accomplish the intended purposes of the city codes and the goals of sustainability; and WHEREAS, in these regards, the City of Auburn would benefit from entering into a "car-sharing" pilot program agreement with The Stratford Company LLC, which program is in keeping with the City sustainability goals by encouraging the use of mass transit and reducing impervious surface associated with residential parking lots. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and The Stratford Company LLC for a Car-Sharing Pilot Program, which agreement shall be in Resolution No. 4389 July 30, 2008 Page 1 of 2 substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this 7 day of 2008. 0 C l U PET R B. LEWIS MAYOR ATTEST: Da Ile E. Daskam, City Clerk APP Resolution No. 4389 July 30, 2008 Page 2 of 2 CAR-SHARING PROGRAM AGREEMENT This AGREEMENT is entered into as of the day of CLL l 2008, by and between the CITY OF AUBURN, a Washington municipal corporation, ereinafter the "CITY) and THE STRATFORD COMPANY, a Washington limited liability company, (hereinafter the "THE STRATFORD COMPANY LLC"). RECITALS WHEREAS, the City has instituted a program whereby pursuant to Auburn Ordinance No. 6192, the Mayor is allowed and authorized, at his discretion, to foster and forward to the City Council pilot programs related to sustainability; and WHEREAS, under this Ordinance, the Mayor is empowered to develop and bring to the City Council for approval pilot programs that promote and encourage the City Council's goal of sustainability, as stated in Auburn Resolution No. 4368, seeking to balance and support the needs of the community, the environment, the economy, and the needs of future generations, which pilot programs may off-set/alleviate current code requirements in exchange for strategies and methodologies that accomplish the intended purposes of the city codes and the goals of sustainability. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, CITY and THE STRATFORD COMPANY LLC hereby agree as follows: The "car reduction" pilot program as it applies to the Stratford Company LLC, for its development project in the City of Auburn Downtown area is as follows: 1. With the intent of encouraging the utilization of mass transit; a reduction of 10% of the total residential parking spaces required will be allowed due to the project's location directly adjacent to a mass transit multi-modal station. CAR-SHARING AGREEMENT Page 1 2. In lieu of the one (1) parking space per residential unit requirement, the City will allow 10% of all residential required parking to consist of car-sharing (flexible) vehicles. For every dedicated flexible vehicle parking space provided on site, a reduction of four (4) residential parking spaces will be allowed. The owner(s) of this project (apartment building or condominium association) shall be responsible for providing this amenity for the lifetime of the development and shall be responsible for providing cars. 3. For the purposes hereof, the car-sharing program is defined as follows: The car-sharing program referenced above shall be a membership based organization associated with the apartment owner or the condominium association that offers the use of motor vehicles twenty four (24) hours a day and seven (7) days a week to its members. The majority of these vehicles must show high level of economy (miles/gallon) or be a hybrid-type or similar technology that lowers gas consumption and emissions. The vehicles must be available on-site, in good working condition and readily available to residents 24 hours per day. 4. For the purpose of reducing the amount of impervious surface associated with residential parking spaces; with the exception of spaces required to meet ADA requirements, up to fifty percent (50%) of the parking spaces on site may have a dimension (at 90 degree angle to drive isle) of 8' wide x 16' deep with 22' drive isle, with the balance of all other parking spaces having a dimension (at 90 degree angle to drive isle) of not less than 9' wide x 19' deep with 22' drive isle. 5. For the purposes of clarity, an example of how the above calculations would be applied is as follows: a. Total number of residences is (130) and the total number of residential parking spaces at 1:1 ratio= 130 b. 10% reduction for proximity to mass transit =130 = 13 less spaces c. 10% of total parking spaces (130) allowed to be flexible vehicle 10% x 130 = 13 flexible vehicles. d. For every flexible vehicle parking space provided on-site (13), a reduction of four (4) residential parking spaces allowed: 13 x 4 = 52 less spaces e. Total number of residential parking spaces that would need to be provided on-site = 130 -13 - 52 = 65 spaces. 6. The Agreement shall not be effective until approved by the City Council. 7. The Agreement shall be recorded with the title to the property before a permit for the underlying use will be approved. 8. The obligation to maintain the car-sharing program is tied to the on-going applicability of the reduced parking requirement and to the property described on the attached Exhibit "A" incorporated herein by this reference. The City is entitled to enforce the obligations, and the agreement must also address how the reduced parking will be accommodated - CAR-SHARING AGREEMENT Page 2 and additional parking spaces provided in the event that the car-sharing program is terminated or otherwise discontinued. 9. In the event that THE STRATFORD COMPANY LLC or its heirs, assigns and/or successors in interest fail(s) to maintain the car-sharing program as required by and contemplated in this Agreement, the City shall be entitled to take any and all action necessary to enforce the Agreement and its parking obligations, including requiring parking spaces as otherwise required by City Code, and, at the City's option, shall be entitled to pursue any and all remedies available at law or in equity, including money damages for the cost of providing alternative parking to meet the requirements of City Code as they existed on the date when parking requirements would have vested for the project; institution of an alternative car-sharing program, the costs of which parking requirements shall be paid for by THE STRATFORD COMPANY LLC or its heirs, assigns and/or successors in interest, and the amount of those costs shall be a lien on the property described above, and the City shall be entitled to foreclose such lien, and any other remedies which shall seek to accomplish the provision of required parking. SIGNED in duplicate original as of the date first above written. CITY OF AUBURN Peter s, Mayor THE STRATFORD COMPANY LLC Attest: Damelle Daskam, City Clerk Approved as to B. By I 11V '--% V VIV V Name , V Title O/1 X `^ 6" ?/??`'v?' 1? CAR-SHARING AGREEMENT Page 3 EXHIBIT A Legal Description: LOTS 1, 2, 3, 4, 7 AND 8, BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, SUBJECT TO EASEMENTS AND ENCUMBRANCES OF RECORD. King County, Washington, Assessor's Property Tax Parcel Number 7815700085, 7815700095, 7815700110, 7815700115 and 7815700135