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Home My WebLink AboutITEM VIII-B-4 CITY OF__~ y, ,B- - AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Resolution No. 4690 Date: March 1, 2011 Department: Attachments: Resolution 4690 Budget Impact: Human Resources Administrative Recommendation: City Council adopt Resolution No. 4690. Background Summary: The Mayor and City Clerk to execute a Joint Parking Development Agreement and Option to Purchase between the City of Auburn and King County Rural Library District d/b/a the King County Library System. S0307-1 A1.3, 13.13.4 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until - Tabled Until Councilmember: Norman Staff: Heineman Meeting Date: March 7, 2011 Item Number: V111.6.3 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO. 4 6 9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT PARKING DEVELOPMENT AGREEMENT AND OPTION TO PURCHASE BETWEEN THE CITY OF AUBURN AND KING COUNTY RURAL LIBRARY DISTRICT D/B/A THE KING COUNTY LIBRARY SYSTEM WHEREAS, the City currently leases certain real property to King County Rural Library District d/b/a King County Library System (KCLS) for the operation of a public library, including 60 stalls of parking; and WHEREAS, KCLS intends to expand its existing library facility and will need to develop 20 stalls of additional parking as well as replace any parking stalls that are lost as a result of the library expansion; and WHEREAS, there are available for purchase two parcels of property that could accommodate KCLS's additional parking needs as well some of the future parking needs of the City for the Les Gove Campus. 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 a Joint Parking Development Agreement and Option to Purchase between the City of Auburn and King County Rural Library District d/b/a the King County Library System, which agreement shall be in Resolution No. 4690 March 1, 2011 Page 1 of 2 substantial conformity with the agreement 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 day of , 2011. CITY OF AUBURN PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4690 March 1, 2011 Page 2 of 2 Return Address: City, of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. JOINT PARKING DEVELOPMENT AGREEMENT AND OPTION TO PURCHASE - Reference # (if applicable): Grantor/Borrower: KING COUNTY RURAL LIBRARY DISTRICT, DBA THE KING COUNTY LIBRARY SYSTEM Grantee/Assignee/Beneficiary: CITY OF AUBURN Legal Description/STR: Assessor's Tax Parcel ID#: Additional legal in Exhibit A. This Joint. Parking -Development Agreement, and Option to Purchase ("Agreement") is'.entered into on the day of January, 2011, by the Cityof Auburn ("City") and the King County Rural Library.District, doing business as the King County Library System ("KCLS"). RECITALS 1. The City owns-and operates Les Gove Park_ (t_he "Park"). Pursuant to a land lease (the "Lease"); dated April 2972010, the City currently leases certain'land within the Park (the "Library Leased Park Property") to KCLSAo operate a.public:library. KCLS operates an existing library facility and 60 stalls of related parking -on the. Library Property (the "Existing Parking"). The remaining parking.stallsat the Park are owned by the City (the "City Parking") and are operated by the City as'described in. Section 20 of-the Lease. 2. KCLS intends to expand its existing-library facility (as so expanded, the "Library").- Based on the City- Coderequirement of-one parking stall per 250 gross square feet of floor area for library uses (ACC 1.8.52.020) and the initial information provided by KCLS on the size of the library expansion, KCLS needs Joint Parking Development. Agreement and Option To Purchase Pagel of 7 ~ a 'to develop 20 stalls of additional parking and replace any displaced parking stalls. that will be lost -as a. result of the expansion of the Library. 3. There are currently two parcels located at 1018 - 1022 Auburn Way South, Auburn (the "Subject Property"), adjacent to the Park campus, that are available for purchase. The Subject Property, which is legally described in Exhibit A attached hereto and made a part hereof by this reference, subject to the City's analysis and determination, appears to be adequate to accommodate the'additional parking capacity necessary for the- KCLS's expansion needs. JOINT PARKING DEVELOPMENT For valuable consideration, including. the promises contained in this Agreement, the:-sufficiency of which is hereby acknowledged, the City and KCLS agree as follows with respect to the acquisition of the Subject. Property and.the development of the required additional parking thereon (collectively, the "Project" ) 1. General. The Project will-be undertaken in the following two phases: Phase 1. KCLS will acquire the Subject Property. As detailed below.the`City will contribute financially to the purchase,of the Subject Property in return for (i) the perpetual right to use any available parking stalls; (ii) the right to review and comment on the design and configuration of the Project; and (iii) an. option, to purchase the Subject Property if KCLS ever stops operating a public library on the Park campus. Phase 1 will commence upon execution of this Agreement; The City and KCLS shall each have equal rights to the parking spaces on the Subject Property. Phase 2. After obtaining any and.all required permits and, approvals from local,. regional, state or federal agencies, as may be applicable, KCLS will demolish the existing structures on, will remove the fencing around, and will,undertake'other necessary,code improvements to, the Subject'Property in order to provide the parking and pedestrian access to the, Library. Phase 2 will be completed during the construction of the expansion and renovation of the Library. 2. City's Responsibilities. .The City shall: a. Contribute -a portion of the funds required for the purchase of the Subject Property in an amount up to $262;500. Such amount shall be reimbursed to KCLS by depositing the City's contribution into escrow upon receipt of KCLS's_written request therefor accompanied by a fully executed copy of the Purchase and Sale Agreement and a copy of the closing instructions. Joint Parking Development Agreement and Option To Purchase Page 2 of 7 b. Provide timely, review and comment on, and to the extent required by law, approval of the plans for the Project. 3. KCLS's Responsibilities. KCLS shall: a. Negotiate and. consummate the purchase of the Subject Property; b. Submit to the.City: a request for the City's contribution to the purchase price for the Subject Property; C. Submit to the City the plans for the Project for review and comment; d: Manage the design of the Project; e. Manage, and- pay the costs for-the demolition of existing improvements on the Subject Property and the accomplishment of the Project, f. Pay the costs of the Project, subject to reimbursement from the City as set forth in this Agreement, g. Comply with all City codes, and conditions of approval during and after construction'for the Project and associated improvements; h. Obtain.prior City authorization including receipt of any permits and approvals, as needed, .for any future physical changes to the Project area; i. - Operate the Project; and j. Maintain the Project. OPTION TO' PURCHASE - As, part of the :consideration f& the .parties' execution of this Agreement, KCLS hereby-grants the City an irrevocable option to purchase the Subject Property. (the "Option")., The term of the. Option shall commence as of close of KCLS's escrow to purchase the Subject Property, and shall, be perpetual. The City may exercise-the Option only if the City has terminated the Lease because KCLS has ceased to operate a, public-library on the Library Leased Park Property as required thereunder. Upon receiving notice from KCLS that KCLS intends to stop operating a public library on the Library Leased Park Property, the City shall give' KCLS not less than seventy-five (75) days advance written notice of its Joint Parking Development Agreement and Option To Purchase Page 3of7 intent to exercise this option. Within five (5) days after.the City's exercise of the Option, the parties shall cause an escrow ("Escrow") to be opened at a Title Company. The title insurance, herein required shall be furnished by the Title Company. Time is of the essence. If the Option is exercised the Purchase Price shall be determined b _ Y taking the fair market value of the property and reducing the price pro rata: based. upon the ratio of the City's contribution to KCLS' purchase price of the Subject Property. Fair market'value shall be determined by an independent appraisal performed by an appraiser mutually agreed upon by the City, and KCLS. If the parties cannot agree upon a mutually agreed upon appraiser, KCLS shall select one appraiser' and the City shall select another appraiser, and those two .appraisers shall select a third appraiser, and the three appraisers shall determine the fair market value. At the close of Escrow, KCLS shall: a. -Convey the.Subject Property to the City,, or the City's designee., by statutory warranty deed subject to any title exceptions provided in the title report for the Subject Property obtained by-the City, and such matters as shall hereafter be approved by the City; and b. Assign' to the City, or to the City's designee; all assignable construction, equipment, and supplier warranties pertaining.to`the Subject Property.. KCLS shall surrender possession of the Subject. Property, at the Close of Escrow. Concurrent with the KCLS Close of Escrow for the Subject Property,,the City. and KCLS shall execute and record this Agreement in the public records of King County, Washington. This Agreement and the Option shall run with the land, shall be recorded with the King County Recorder's Office against of the above property, and shall be binding upon the., Grantor and its successors, assigns, and any subsequent purchasers. REMEDIES In case-of a breach the parties reserve all remedies available under the law including but not limited.to funds provided under this Agreement, or specific -performance of.any act required under this Agreement. Joint Parking Development Agreement and Option To Purchase Page 4 of 7 IN WITNESS WHEREOF, the City and KCLS have executed this Agreement effective the day of , 2011. CITY OF AUBURN KING COUNTY LIBRARY DISTRICT, doing business as the KING COUNTY LIBRARY SYSTEM By: Peter B. Lewis, Mayor By: William H. Ptacek, Director Attest: Dani Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF AUBURN, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: (Seal or stamp) Notary Signature Print/Type Name Notary Public in and for the State of Washington, residing at My appointment expires Joint Parking Development Agreement and Option To Purchase Page 5of7 STATE OF WASHINGTON ) ss. COUNTY OF KING ) certify that I know or have satisfactory evidence that William.H.. Ptacek is the person who appeared before me, and said person acknowledged that he/she signedthis instrument; on oath stated-that he was authorized to execute the instrument and acknowledged it as the Director of KING COUNTY .RURAL . LIBRARY DISTRICT doing business as the KING COUNTY LIBRARY SYSTEM, a: Washington public corporation, to be the free and voluntary act of such party for the'uses and purposes, mentioned in the instrument. DATED: (Seal or stamp) Notary Signature Print/Type Name Notary Public.in and for the State of _ Washington, residing at My appointment expires Joint Parking Development Agreement and Option To Purchase 'Page 6of7 EXHIBIT,A Subject Property jLegal description to be attachedl Joint Parking Development Agreement and- Option To Purchase Page 7 of 7