HomeMy WebLinkAbout2933 (2) 1 RESOLUTION NO 2 9 3 3
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
3 WASHINGTON, AUTHORIZING THE EXECUTION OF STORMWATER DRAINAGE
AGREEMENT BETWEEN THE CITY AND VALLEY CENTRE I L L C FOR A
4 BASIN WIDE STORMWATER DETENTION FACILITY TO SERVICE VALLEY
CENTRE CORPORATE PARK AND OTHER PROPERTIES IN THE BASIN
5
6 WHEREAS, the City desires to develop a Basin Wide
7 Stormwater Detention Facility to serve VALLEY CENTER CORPORATE
8 PARK (hereinafter referred to as "VCCP") and other properties
9 in the basin; and
10 WHEREAS, the City has constructed a pump station
11 downstream of the 30th Street NW storm system which will
12 discharge stormwater to the Green River and alleviate some of
13 the flooding problems in the basin in which the Site is
14 located; and
15 WHEREAS, the City has proposed to design and construct a
16 Basin Wide Facility to serve the area, and such facility is
17 envisioned to be constructed, on City owned property within the
18 Airport; and
19 WHEREAS, construction of the Basin Wide Facility would
20 eliminate the requirements for stormwater detention for VCCP
21 and allow portions of the Site that would otherwise have been
22
devoted to stormwater detention to be developed for other
23 uses; and
24
25
26
Resolution No 2933
March 24, 1398
Page 1
1 WHEREAS, the Basin Wide Facility will not include
2 stormwater quality treatment, and therefore, if the Basin Wide
3 Facility is implemented, stormwater quality treatment will be
4 required in an independent system for the Site by VCCP
5 WHEREAS, the City has requested that VALLEY CENTRE I
6 L L C (hereinafter referred to as "Developer") participate
7 financially in the Basin Wide Facility; and
8 WHEREAS, the Developer has commenced construction of the
9 first phase building with completion scheduled for first
10 quarter of 1998 Developer intends to develop the balance of
11 the Site in successive years thereafter through phased
12 construction; and
13 WHEREAS, due to the timing implications associated with
14 VCCP relative to the Basin Wide Facility, it is necessary that
15 commitments be made by both the City and the Developer so that
16 the design and construction of the stormwater system serving
17 VCCP can be completed as needed; and
18 WHEREAS, the parties recognize that the Federal
19 Government, through the Federal Aviation Agency (FAA) , must
20 approve the use intended under this Agreement if constructed
21 on Airport property
22 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
23 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
24 RESOLVES AS FOLLOWS
25
26
Resolution No 2933
March 24, 1996
Page 2
1 Section 1. The City of Auburn is hereby authorized to
2 execute a Stormwater Drainage Agreement with VALLEY CENTRE I
3 L L C for a Basin Wide Stormwater Detention Facility to
4 service Valley Centre Corporate Park and other
Y p properties in
5 the basin A copy of said Agreement is attached hereto as
6 Exhibit "1" and incorporated herein by this reference
7
Section 2 . The Mayor is hereby authorized to implement
8
such administrative procedures as may be necessary to carry
9
out the directives of this legislation
10
DATED and SIGNED this 6th day of April, 1998
11
12
CITY OF AUBURN
13
14
aka- s 9. t
15 CHARLES A BOOTH
MAYOR
16 ATTEST
17
1R hd,,,,,Qe 2 ,
Danielle E Daskam,
19 City Clerk
20 APPROVED AS TO FORM
21 r 1 ( Ok
22 •
Michael J Reynolds,
23 City Attorney
24
25
26
Resolution No 2933
March 24, 1998
Page 3
SEP 2 0 7999
CM'OFAUBURN
CITY CLERKS OFFICE
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein)
1 Stormwater Drainage Agreement
.-1
Reference Number(s) of Documents assigned or released
CO
❑Additional reference#'s on page_ of document
O
Grantor(s) (Last name first, then first name and initials)
1 Auburn, City of
3
4
Grantee: (Last name first)
1 Valley Centre I, LLC
Legal Description (abbreviated i.e. lot, block, plat or section, township, range)
Lots 1 2,3 and 4 City of Auburn Short Plat number SPL-0005-97 recorded under recording number
9705140453, in King County, Washington
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®Additional legal is on page_ _of document.
1 Assessor's Property Tax Parcel/Account Number
r Lot 1 — 0000080-0054-08; Lot 2 — 000080-0055-07, Lot 3 — 000080-0036-01, Lot 4 —
000080-0056-06
i ❑Assessor Tax#not yet assigned
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STORMWATER DRAINAGE AGREEMENT
THIS AGREEMENT is entered in this a day of , 1998
by and between THE CITY OF AUBURN, a Washington unicipal corporation
("City"), and VALLEY CENTRE I L.L.C., a Washington limited liability company
("Developer"). Developer is constructing a business industrial park known as Valley
Centre Corporate Park ("VCCP") on 54 acres of real property more particularly
described on Exhibit A attached hereto and incorporated herein by this reference (the
"Site"). The Site is adjacent to the Auburn Municipal Airport (the "Airport").
RECITALS
A. The City desires to develop a Basin Wide Stormwater Detention Facility
to serve VCCP and other properties in the basin.
B The City has constructed a pump station downstream of the 30th Street
NW storm system which will discharge stormwater to the Green River and alleviate some
of the flooding problems in the basin in which the Site is located.
C. The City has proposed to design and construct a Basin Wide Facility to
serve the area, and such facility is envisioned to be constructed on City owned property
pwithin the Airport. Construction of this Basin Wide Facility would eliminate the
r1 requirements for stormwater detention for VCCP and allow portions of the Site that
Cr) would otherwise have been devoted to stormwater detention to be developed for other
uses.
D The Basin Wide Facility will not include stormwater quality treatment,
and therefore, if the Basin Wide Facility is implemented, stormwater quality treatment
will be required in an independent system for the Site by VCCP
E. The City has requested that the Developer participate financially in the
Basin Wide Facility
F The Developer has commenced construction of the first phase building
with completion scheduled for first quarter of 1998. Developer intends to develop the
balance of the Site in successive years thereafter through phased construction.
G. Due to the timing implications associated with VCCP relative to the Basin
Wide Facility, it is necessary that commitments be made by both the City and the
Developer so that the design and construction of the stormwater system serving VCCP
can be completed as needed.
H. The parties recognize that the Federal Government, through the Federal
Aviation Agency (FAA), must approve the use intended under this Agreement if
constructed on Airport property
AGREEMENT
1 Developer shall design and construct a stormwater system (the "Discharge
Line") for VCCP that will discharge to the existing stormwater system in 30th Street NW
near the northeast corner of the Site. The Discharge Line shall be located near the
easterly boundary of VCCP and will extend southerly approximately 1200 feet to a
location near the existing temporary erosion control facility, the location of which is
shown on Exhibit B attached hereto and incorporated herein by this reference (the
"TESC Facility"), where a stormwater pump system will be constructed by the
Developer to handle drainage for VCCP
2. The City shall design and construct the Basin Wide Facility, as well as any
additional conveyances or improvements required to handle stormwater in the basin
beyond the Discharge Line described in Section 1 above.
3 Temporary erosion and sedimentation control for all phases of VCCP may
cz be handled by modifying the configuration, size or location of the TESC Facility as
rl necessary and in accordance with the City s standards. Upon completion of the final
phase of VCCP, the TESC Facility will be filled and the property devoted to that use may
O be used for parking and/or other uses that are consistent with the zoning classification of
� P o zoning
O the Site.
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4 In conjunction with Phase I of VCCP, the Developer shall construct a
permanent biofiltration swale which shall be designed to provide treatment for the six-
month storm event. Flows in excess of the six-month event shall be designed to bypass
the biofiltration swale into the Discharge Line. The biofiltration swale will be located on
the Site as shown on Exhibit C attached hereto and incorporated herein by this reference.
5 Upon execution of this Agreement, Developer shall pay to the City
$66,000, the amount equal to the cost that the Developer would have paid to construct
certain components of an on-site stormwater system for VCCP that are not required on
account of the Basin Wide Facility
6. The City, upon execution of this Agreement and payment of the amount
required by it, shall not delay issuance of building or occupancy permits for the buildings
for VCCP due to stormwater drainage issues. In addition, the City shall accept
responsibility for accepting, conveying, and detaining stormwaters from VCCP at the
point that the stormwater leaves the Site.
7 The Developer shall be responsible for future payments of stormwater
System Development Charges (SDC) as applicable to the balance of the Site as phased
construction is completed, and further agrees to pay all future monthly stormwater
payments.
8 City shall not require any further construction of other stormwater
improvements for VCCP beyond the typical facilities associated with this type of project
required to collect and convey on-site drainage to the Discharge Line.
9 This Agreement shall run with the land and shall be binding upon and
inure to the benefit of the successors and assigns of the parties hereto.
10. Any amendment to this Agreement shall be in writing and signed by all of
the parties.
11 In the event of any dispute regarding the terms of this Agreement, the
prevailing party shall be entitled to receive from the other party payment for all attorneys
fees and costs incurred in any litigation or alternative dispute resolution proceeding
brought to resolve the dispute both at trial and on appeal.
12. This Agreement shall be governed by and construed in accordance with
the laws of the state of Washington.
13 If any provision of this Agreement is held to be unenforceable under
applicable law, the remaining provisions shall remain in full force and effect to the
greatest extent allowed under the law
cr IN WITNESS WHEREOF the parties have executed this Agreement on the first
set forth above.
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CITY OF AUBURN, a Washington
O municipal corporation
0) I
By CI(CV1ht. ke
Its (-Mi r
VALLEY CENTRE I L.L.C., a Washington
limited liability company y
By Or.
Its
ATTEST
City Clerk
APPROVED AS TO FORM.
City Attorney'
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EXHIBIT A
LEGAL DESCRIPTION
LOTS 1, 2, 3, AND 4 CITY OF AUBURN SHORT PLAT NUMBER SPL-0005-97,
RECORDED UNDER RECORDING NUMBER 9705140453, IN KING COUNTY,
WASHINGTON.
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COY or
CHARLES A.BOOTH,MAYOR / 44r: k AUBURN CITY CLERK
Danielle Daskam,City ClerkI a„ 25 West Main, Auburn.WA 98001
Cathy Richardson, Deputy City Clerk 1\ 1l City Clerk:(253)931-3039
Tame Bothell,Records/License Clerk Business Registration:(253)931-3007 Fax (253)288-3132
Ate
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STATE OF WASHINGTON)
ss.
COUNTY OF KING
I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King,
State of Washington, do hereby certify that the foregoing is a full, true and correct
copy of Resolution No. 2933 of the resolutions of the City of Auburn, entitled
"RESOLUTION NO 2933 "
I certify that said Resolution No. 2933 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 6th day of April, 1998.
Witness my hand and the seal of the City of Auburn this 27th day of April, 2000
Danleile Daskam, City Clerk
City of Auburn