HomeMy WebLinkAbout03-07-2011 Agenda Modification #2
CITY OF own= go 00
* WASHINGTON
TO: Members of the City Council
Mayor Lewis
Department Directors
FROM: Danielle Daskam, City Clerk
SUBJECT: March 7, 2011 Agenda Modification #2
DATE: March 4, 2011
The March 7, 2011, City Council meeting agenda published on Friday, March 4,
2011, is modified as follows:
VIII. ORDINANCES AND RESOLUTIONS
The agenda modification transmits revised Exhibit "A" to Resolution No.
4690.
Resolution No. 4690* (Wagner/Dowdy)
04.9.3
A Resolution of the City Council of the City of Auburn, Washington,
setting a hearing date in relation to amending the 2011-2016
Transportation Improvement Program of the City of Auburn
pursuant to RCW Chapter 35.77
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
yJOINT 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 March, 2011, by the
City of 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 (the "Park"). Pursuant
to a land lease (the "Lease"), dated April 29, 2010, the City currently leases
certain land within the Park (the "Library Leased Park Property") to KCLS to
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 stalls at 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 Code requirement of one parking stall per 250
gross square feet of floor area for library uses (ACC 18.52.020) and the initial
information provided by KCLS on the size of the library expansion, KCLS needs
Joint Parking Development Agreement and Option To Purchase
Page 1 of 7
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 apart 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_sufficiencyof•which is hereby acknowledged, the City and KCLS
agree as fbilows 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 maybe
applicable,. KCLS will demolish the existing structures on, will remove the
fencing.-around, and will undertake other necessary-code improvements
to, the Subject Prop. erty'.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 $262500. 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 nodes 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 for 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 by
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 threeappraisers 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:
a
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 5 of 7
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
certify that l know or have satisfactory evidence that William H. Ptacek is the
person. who appeared before me, -and said person acknowledged that `fie%she
signed this: instrument, on oath stated that he was authorized to execute the
instrument and acknoWledged.it as the Director of KING.000NTY 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.
Prin ff-ype Name
Notary Public in and, for the State of
Washington,
residing at
My appointment expires
~F
r
Joint Parking Development Agreement and Option To Purchase
Page 6 of 7
EXHIBIT A
Subject Property
[Legal description to be attached]
Joint Parking Development Agreement and Option To Purchase
Page 7 of 7
CITY OF**
URN
WASHINGTON
TO: Members of the City Council
Mayor Lewis
Department Directors
FROM: Danielle Daskam, City Clerk
SUBJECT: March 7, 2011 Agenda Modification #2
DATE: March 4, 2011
The March 7, 2011, City Council meeting agenda published on Friday, March 4,
2011, is modified as follows:
VIII. ORDINANCES AND RESOLUTIONS
The agenda modification transmits revised Exhibit "A" to Resolution No.
4676.
Resolution No. 4676* (Wagner/Dowdy)
04.9.3
A Resolution of the City Council of the City of Auburn, Washington,
setting a hearing date in relation to amending the 2011-2016
Transportation Improvement Program of the City of Auburn
pursuant to RCW Chapter 35.77