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Home My WebLink About05-20-2013 CITY COUNCIL AGENDA PACKET City Council Meeting May 20, 2013 - 7:30 PM Auburn City Hall AGENDA Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I.CALL TO ORDER A.Flag Salute B.Roll Call C.Announcements, Appointments, and Presentations 1.Valley Regional Fire Authority Presentation 2.John Ansotigue - "More Than We Imagined Award" The Mayor and City Council to honor John Ansotigue for his World Record finish at the 2013 World Stacking Championships. 3.YMCA Teens Presentation The YMCA's Youth Council has developed a "Teen Year in Review" presentation for the Auburn City Council. 4.Valley Communications 911 Honorees Mayor Lewis to expound on employees recently honored for their exemplary performance. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS AND CORRESPONDENCE A.Public Hearings - (No public hearing is scheduled for this evening.) B.Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. C.Correspondence - (There is no correspondence for Council review.) III.COUNCIL COMMITTEE REPORTS A.Municipal Services 1.May 13, 2013 Minutes Peloza B.Planning & Community Development 1.May 13, 2013 Minutes Backus Page 1 of 144 C.Public Works 1.May 6, 2013 Minutes Wagner D.Finance 1.May 6, 2013 Minutes Partridge E.Les Gove Community Campus F.Council Operations Committee IV.CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A.Minutes of the May 6, 2013 Regular Meeting B.Claims Vouchers Partridge Coleman Claims check numbers 422300 through 422679 in the amount of $4,265.289.56 and dated May 20, 2013. C.Payroll Vouchers Partridge Coleman Payroll check numbers 533788 through 533820 in the amount of $869,903.60 and electronic deposit transmissions in the amount of $1,204,262.28 for a grand total of $2,074,165.88 for the period covering April 25, 2013 to May 8, 2013. D.Public Works Project No. CP1308 Wagner Dowdy City Council grant permission to enter into Consultant Agreement No. AG-C-434 with Parametrix, Inc. for engineering services for Project No. CP1308, BNSF Utility Crossings Project (ACTION REQUESTED: City Council approve the Consent Agenda.) V.UNFINISHED BUSINESS - (There is no unfinished business.) VI.NEW BUSINESS - (There is no new business.) VII.RESOLUTIONS A.Resolution No. 4911 Backus Faber A Resolution of the City Council of the City of Auburn, Washington, declaring certain city property as surplus, and authorizing the Mayor and City Clerk to execute agreements between the City of Auburn and the State of Washington for an exchange of property (ACTION REQUESTED: City Council adopt Resolution No. 4911.) B.Resolution No. 4943 Peloza Coleman A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute first amendment to agreement between the City of Auburn and Redflex Traffic Systems, Inc. (ACTION REQUESTED: City Council adopt Resolution No. 4943.) Page 2 of 144 C.Resolution No. 4944 Peloza Lee A Resolution of the City Council of the City of Auburn, Washington, authorizing the conversion to, and sale of Auburn police canine Bodi as surplus property of the City of Auburn (ACTION REQUESTED: City Council adopt Resolution No. 4944.) D.Resolution No. 4945 Peloza Coleman A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept state grant funds in the amount of $6,000.00 from the Washington State Department of Transportation Aviation Division to update the 2000-2020 Airport Master Plan and authorizing the execution of the grant agreement therefor (ACTION REQUESTED: City Council adopt Resolution No. 4945.) E.Resolution No. 4950 Wagner Dowdy A Resolution of the City Council of the City of Auburn, Washington declaring certain items of property as surplus and authorizing their disposal (ACTION REQUESTED: City Council adopt Resolution No. 4950.) F.Resolution No. 4952 Backus Tate A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to accept the release of existing easements and grant replacement easements to Puget Sound Energy Inc. on four City properties to facilitate the King County Reddington Levee Project (ACTION REQUESTED: City Council adopt Resolution No. 4952.) G.Resolution No. 4953 Backus Tate A Resolution of the City Council of the City of Auburn, Washington, opposing King County locating a solid waste transfer station at 28721 West Valley Highway in Auburn, Washington, and expressing its concerns relative thereto (ACTION REQUESTED: City Council adopt Resolution No. 4953.) H.Resolution No. 4955 Backus Tate A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as surplus and authorizing the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and Auburn Professional Plaza, LLC (ACTION REQUESTED: City Council adopt Resolution No. 4955.) VIII.REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A.From the Council Page 3 of 144 B.From the Mayor IX.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 4 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: May 13, 2013 Minutes Date: May 14, 2013 Department: Police Attachments: May 13, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:May 20, 2013 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 144 Municipal Services Committee May 13, 2013 - 3:30 PM City Hall Council Conference Room MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:30 p.m. in the Council Conference Room of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne, Member John Partridge. Staff present: Mayor Pete Lewis, Chief of Police Bob Lee, Innovation and Technology Director Ron Tiedeman, Financial Planning Manager Martin Chaw, Planning Manager Elizabeth Chamberlain and Police Secretary/Scribe Terry Mendoza. Others present: Citizen Scot Pondelick, Developer Jeff Oliphant and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications Resolution No. 4955, the Purchase and Sale Agreement with Jeff Oliphant of Auburn Professional Plaza LLC (APP), related to Unit 380 in the One Main Professional Plaza was added as a discussion item to the agenda. Planning Manager Elizabeth Chamberlain provided the Committee with copies of the Purchase and Sale Agreement (PSA) and Resolution No. 4955. The City's team, which includes Finance, Legal, Planning and Development, and Public Works, has been negotiating with Mr. Oliphant on the PSA as well as a potential amendment to the parking garage lease agreement. Multicare Health Systems (Multicare) is interested in leasing the unit; however, since it was originally purchased by the City of Auburn, the APP is requesting to buy back the unit in order to lease to Multicare. Mr. Oliphant shared with the Committee that the APP's intentions are to assist in getting more medical offices to commit to the downtown area, helping with the revitalization efforts and keeping the medical facilities near to the Hospital. Discussion followed and the Committee had no issues with this Resolution and PSA moving forward based on the information that was provided. II. CONSENT AGENDA Page 1 of 3 MS.1 Page 6 of 144 A. April 22, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. ACTION A. Resolution No. 4942 (Tiedeman) Innovation and Technology Director Ron Tiedeman provided information to the Committee regarding Resolution No. 4942, a resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute an Interlocal Agreement (ILA) with the City of Algona for Innovation & Technology services and support. This is an updated ILA. The original contract was written for a one year term. The City of Algona is requesting a three year term and with this change it gives both sides a 60-day cancellation option to end the contract if necessary. There is also a slight monthly increase to the fees, as well as the CPI multiplier for ongoing increases annually. So far, our support is in line with the ILA. Service calls remain steady and a majority of the work is done remotely saving time making the services affordable. A few corrections were identified and Director Tiedeman will update the ILA and provide a breakdown of actual charges/costs at the next MSC meeting. Committee discussion followed and no action was taken at this time. B. Resolution No. 4943 (Coleman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute first amendment to agreement between the City of Auburn and Redflex Traffic Systems, Inc. Committee had a brief discussion and consensus was to move forward with the one (1) year agreement. Vice Chair Osborne moved to forward to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 C. Resolution No. 4945 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept state grant funds in the amount of $6,000.00 from the Washington State Department of Transportation Aviation Division to update the 2000- 2020 Airport Master Plan and authorizing the execution of the grant agreement therefor. Page 2 of 3 MS.1 Page 7 of 144 Vice Chair Osborne moved to forward to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 D. Resolution No. 4944 (Lee) A Resolution of the City Council of the City of Auburn, Washington, authorizing the conversion to, and sale of Auburn Police Canine Bodi as surplus property of the City of Auburn. Police Chief Bob Lee advised the Committee that with limitations due to the recent changes in drug laws and the ability to search vehicles it has impacted the Police department's use of a narcotics K9. This is also in line with other agencies. As such, the department has decided to retire K9 Bodi and sell Bodi to his handler, Sam Betz for $1.00. Sam has recently been promoted from Detective to Sergeant and has requested to retain the dog. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member Partridge seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Project Matrix The following updates were made to the Project Matrix. Item 10P: Status updated. Item 27P: Lead person changed to Finance Director, Shelley Coleman. Status updated. V. ADJOURNMENT The meeting was adjourned at 4:23 p.m. The next regular meeting is scheduled for May 28, 2013 at 3:30 p.m. in the Council Conference Room, City Hall, 25 W. Main Street, Auburn, WA. Signed this ___________ day of May, 2013. _____________________ _________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 3 of 3 MS.1 Page 8 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: May 13, 2013 Minutes Date: May 16, 2013 Department: Planning and Development Attachments: PCD Agenda Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Backus Staff: Meeting Date:May 20, 2013 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 9 of 144 Planning and Community Development May 13, 2013 - 5:00 PM Annex Conference Room 2 AGENDA I.CALL TO ORDER A.Roll Call B.Announcements C.Agenda Modifications II.CONSENT AGENDA A. Minutes - April 22, 2013* (Tate) III.ACTION A. Resolution No. 4911* (Faber) A resolution of the City Council of the City of Auburn, Washington, declaring certain City property as surplus, and authorizing the Mayor and City Clerk to execute agreements between the City of Auburn and the State of Washington for an exchange of property. IV.DISCUSSION ITEMS A. Resolution No. 4937* (Webb) A Resolution of the City Council of the City of Auburn, Washington, approving the 2014-2019 Transportation Improvement Program of the City of Auburn pursuant to R.C.W. Chapter 35.77 of the laws of the State of Washington. B. City of Auburn Floodplain Management (Andersen) This is the second of four briefings to the Committee regarding floodplain management in the City of Auburn. Staff will provide an overview of flood insurance held by property owners in the City and discuss the City’s participation in the National Flood Insurance and Community Rating System programs. C. Mill Creek Restoration, Wetland 5K Reach Project (Andersen) Staff will brief the Committee on the current status and planned next steps for the Mill Creek Wetland 5K Reach Restoration project jointly sponsored by the City of Auburn and US Army Corps of Engineers. D. Relocation of Puget Sound Energy Easements Due to Reddington Levee Project* (Dixon) Staff will provide an overview of the request received from Puget Sound Energy to extinguish and re-establish electrical power line easements for four city parcels as a result of the King County Flood Control District’s Reddington Levee Setback project. Page 1 of 143PCD.1 Page 10 of 144 E. Director's Report (Tate) For discussion only. F. PCDC Matrix* (Tate) V.ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 2 of 143PCD.1 Page 11 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: May 6, 2013 Minutes Date: May 15, 2013 Department: Public Works Attachments: May 6, 2013 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Public Works Councilmember:Wagner Staff: Meeting Date:May 20, 2013 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 12 of 144 Public Works Committee May 6, 2013 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Rich Wagner called the meeting to order at 3:30 p.m. in Conference Room #2, located on the second floor of Auburn City Hall, One East Main Street, Auburn, Washington. A. Roll Call Chairman Wagner, Vice-Chair Bill Peloza, and Member Osborne were present. Also present during the meeting were: Mayor Pete B. Lewis, Public Works Director Dennis Dowdy, City Engineer/Assistant Director Dennis Selle, Assistant City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Engineering Aide Amber Mund, Project Engineer Seth Wickstrom, Senior Project Engineer Jacob Sweeting, Project Engineer Leah Dunsdon, Senior Project Engineer Ryan Vondrak, Finance Director Shelley Coleman, Traffic Engineer James Webb, Water Utility Engineer Susan Fenhaus, City Attorney Dan Heid and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Max T. Willis and Steve Webber from Robinson Noble, Chuck Hartung from Hainline & Associates, Inc., and citizen Scot Pondlick. B. Announcements Chairman Wagner thanked Vice-Chair Peloza for inviting Councilmember Holman to attend the previous meeting in his absence and thanked Councilmember Holman for attending. Director Dowdy introduced the new Water Quality Engineer, Susan Fenhaus, to the Committee. C. Agenda Modifications There was one modification to the agenda, adding Resolution item F. Resolution No. 4949. II. CONSENT AGENDA A. Approval of Minutes Vice-Chair Peloza noted that in the Roll Call the letter “C” in the last Page 1 of 12 PW.1 Page 13 of 144 name DaCorsi should be capitalized. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee minutes be approved, as amended. Motion carried 3-0. B. Right-of-Way Use Permit No. 13-07 (Mund) Engineering Aide Mund was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee approve Right-of-Way Use Permit No. 13-07. Motion carried 3-0. C. Public Works Project No. CP1224 (Wickstrom) Member Osborne asked why the storm drainage work is being funded through the Local Street Fund (103) and not the Storm Fund (432). Street Systems Engineer Wickstrom answered that the improvements will collect only the local stormwater from the street and are not a transmission line improvement to the stormwater system. Director Dowdy noted that, as part of the project scope, some electrical conduit crossings will be installed on Park Avenue to allow for the eventual replacement the old street lights when funds are available. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council grant permission to advertise for Project CP1224, 2013 Local Street Pavement Reconstruction. Motion carried 3-0. Project Engineer Wickstrom stated that staff had a traffic calming question related to the project to ask the Committee. Wickstrom stated that currently the design for H Street NE, between 4th Street NE and 8th Street NE includes bulbouts at the intersections and one at mid-block and the replacement of the four existing speed cushion locations with three new speed cushion locations between the bulbouts as traffic calming measures. Project Engineer Wickstrom stated that staff wanted policy input from the Committee regarding the use of bulbouts. Chairman Wagner stated that he does have concerns regarding bulbouts at intersections as they can cause traffic turning right to drive Page 2 of 12 PW.1 Page 14 of 144 into the oncoming lane of traffic as they complete the turn. Vice-Chair Peloza state that he also does not care for the use of bulbouts. Member Osborne stated that he prefers the use of bulbouts over speed cushions. Mayor Lewis noted that the neighborhood strongly supports the current and future use of speed cushions on H Street NE. The Committee and staff discussed the design of the current speed cushions. Project Engineer Seth stated that staff can review the current design standard for the speed cushions. Mayor Lewis suggested staff contact the Auburn School District to note their concerns regarding speed cushions and their preference. Mayor Lewis also noted that he supports the types of speed cushions that the neighborhood supports. Assistant Director/City Engineer Selle explained that the purpose of bulbouts is to not only shorten the crossing distance for pedestrians at intersections, but also to act as traffic calming devices and slow down traffic, in response to a question asked by Vice-Chair Peloza. The Committee does not support the inclusion of bulbouts in the project’s scope of work. Chairman Wagner asked that a review of speed cushion design be added to the Action Tracking Matrix. D. Public Works Project No. CP1304 (Sweeting) Senior Project Engineer Sweeting was present. There were no questions from the Committee. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council grant permission to enter into Consultant Agreement No. AG-C-433 with KPG Inc. for Engineering Services for Project No. CP1304, 37th and B Street NW Pre-Signal. Motion carried 3-0. E. Public Works Project No. C410A (Dunsdon) Member Osborne asked who made the determination that the contractor was needed for an additional year. Project Engineer Dunsdon answered that staff decided it would be wise to keep the contractor available to do the additional work required under wetland mitigation permit requirements for the remainder of the 10-year permit period. Dunsdon explained that the contractor has the ability to do maintenance work, obtain replacement plants, install new bark, and complete all of the required work that the City needs completed during Page 3 of 12 PW.1 Page 15 of 144 the monitoring year. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council approve Change Order No. 5 to Contract No. 11-12 in the Amount of $8,042.23 for Project No. C410A, 277th Wetland Mitigation Monitoring (Annual). Motion carried 3-0. F. Public Works Project No. CP0817 (Dunsdon) Chairman Wagner asked if the storm drainage system at the White River Junction works better following the construction of the White River Pump Station. Project Engineer Dunsdon answered that the pump station does not affect the situation at the White River Junction. Mayor Lewis noted that there have not been recent complains about the area, but there has been little rain recently. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council approve Final Pay Estimate No. 9 to Contract No. 10-17 in the Amount of $11,510.04 and Accept Construction of Project No. CP0817, 2009 Sewer and Storm Station Replacement, Phase C, White River Pump Station. Motion carried 3-0. III. RESOLUTIONS A. Resolution No. 4939 (Dunsdon) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Negotiate Agreements and Execute Documents Necessary to Acquire Property Related to the Auburn Way South Corridor Improvements Project Fir Street SE to Hemlock Street SE (CP1119) Project Engineer Dunsdon explained that the property needs for the project include partial acquisitions of ten properties. Six of the ten properties belong to the Muckleshoot Indian Tribe (MIT) and that Right-of-Way is being donated by the tribe to the City. Dunsdon stated that the MIT is the City’s funding partner in the project. The other properties belong to the FAA, two residents, and Key Bank. The property owned by Key Bank is in the process of being acquired by MIT. Project Engineer Dunsdon stated that staff has been working closely with the FAA regarding how the project will affect them, in response to a question asked by Chairman Wagner. Project Engineer Dunsdon discussed the concerns of the FAA with the Committee related to their Page 4 of 12 PW.1 Page 16 of 144 fencing and access. Project Engineer Dunsdon responded to questions asked by Vice- Chair Peloza regarding the impacts to the residential properties and that there are no total property acquisitions anticipated for the project. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4939. Motion carried 3-0. B. Resolution No. 4938 (Dunsdon) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Negotiate Agreements and Execute Documents Necessary to Acquire Property Related to the Auburn Way South Pedestrian Improvements Project Dogwood Street SE to Fir Street SE (CP1118) Project Engineer Dunsdon explained that the only property needing to be acquired from Dogwood Street SE to Fir Street SE is a sliver of property owned by the Muckleshoot Indian Tribe (MIT) who is donating the property. Chairman Wagner suggested the public be notified that the MIT is a funding partner with the City on the Auburn Way South projects. Mayor Lewis asked staff to ask the MIT for permission to post signage when construction starts stating, “City of Auburn in partnership with the Muckleshoot Indian Tribe.” It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4938. Motion carried 3-0. C. Resolution No. 4940 (Dunsdon) A Resolution of the City Council of the City of Auburn, Washington, Declaring Certain Real Property as No Longer Needed for Sanitary Sewer Utility Purposes and Authorizing the Mayor to Execute a Dedication Deed thereof for City Right-of-Way Purposes for Mutual Consideration The Committee discussed the current policy of allowing utilities to use City Right-of-Way with out receiving compensation. Director Dowdy stated that the utilities do pay for their project pavement impacts through a fund transfer to the Street Pavement Preservation programs each year. City Engineer Selle also noted that the utilities also contribute through their Utility tax for the arterial street Page 5 of 12 PW.1 Page 17 of 144 preservation. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4940. Motion carried 3-0. D. Resolution No. 4941 (Sweeting) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Negotiate Agreements and Execute Documents Necessary to Acquire Property Related to the Auburn Way South and M Street SE Intersection Improvement Project (CP1024) Senior Project Engineer Sweeting explained that Resolution No. 4941 will allow the City to begin negotiations with property owners for property and/or easement acquisition for Project No. CP1024. Using a vicinity map, Sweeting showed the Committee the locations of the property acquisitions. Chairman Wagner asked about relocating the electrical transformer. Senior Project Engineer Sweeting answered that he had been working with Puget Sound Energy (PSE) to obtain an estimate for moving the transformer. Sweeting stated that as property negotiations with the church begin, cost-sharing of relocating the transformer may be included. Senior Project Engineer Sweeting responded to a questions asked by Vice-Chair Peloza regarding the location of the property to be acquired. Assistant Director/City Engineer Selle responded to questions asked by Mayor Lewis regarding the purchase of the property from the church, where the PSE transformer is located. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4941. Motion carried 3-0. E. Resolution No. 4946 (Vondrak) A Resolution of the City Council of the City of Auburn, Washington, Authorizing the Mayor to Grant an Easement to Puget Sound Energy for the Purpose of Installing Underground Power Facilities for the Academy Booster Pump Station Project (CP0909) Senior Project Engineer Vondrak explained that the City is looking to grant an easement to Puget Sound Energy (PSE) to provide underground power facilities to the Academy Booster Pump Station Page 6 of 12 PW.1 Page 18 of 144 Project. Vondrak demonstrated the location of the potential easement, using a project vicinity map. Member Osborne asked if there is a backup generator at the pump site. Senior Project Engineer Vondrak answered that there is not currently a backup generator, but as part of the project one will be constructed. Senior Project Engineer Vondrak answered questions asked by Member Osborne regarding why the power will be underground instead of aboveground. Mayor Lewis noted the number of trees in the area, making it difficult to have aboveground power lines. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4946. Motion carried 3-0 F. Resolution No. 4949 A Resolution of the City Council of the City of Auburn, Washington, in Support of Amtrak Member Osborne asked if there was concurrence with the jurisdictions included in the resolution. Mayor Lewis confirmed that there is. It was moved by Vice-Chair Peloza, seconded by Member Osborne, that the Committee recommend Council adopt Resolution No. 4949. Motion carried 3-0. IV. DISCUSSION ITEMS A. Resolution No. 4943 (Coleman) A resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to execute first amendment to agreement between the City of Auburn and Redflex Traffic Systems, Inc. Chairman Wagner asked staff to identify the fundamental changes to the agreement. Mayor Lewis stated that there are no changes and the resolution is an extension to allow the City, at the Council’s request, to go out for a Request for Proposals (RFP). The Committee supported adoption of Resolution No. 4943. B. Resolution No. 4936 (Webb) A Resolution of the City Council of the City of Auburn, Washington, Setting the Time and Date for a Public Hearing Before the City Council on the 2014-2019 Transportation Improvement Program Page 7 of 12 PW.1 Page 19 of 144 Chairman Wagner asked if there would be enough time to bring the Transportation Improvement Program back to Public Works Committee prior to the Public Hearing. Traffic Engineer Webb stated that there would be enough time. The Committee supported adoption of Resolution No. 4936. C. Resolution No. 4937 (Webb) A Resolution of the City Council of the City of Auburn, Washington, Approving the 2014-2019 Transportation Improvement Program of the City of Auburn Pursuant to R.C.W. Chapter 35.77 of the Laws of the State of Washington The Committee and Mayor Lewis, at the suggestion of Vice-Chair Peloza, discussed whether or not to hold a Council Retreat to discuss only the Transportation Improvement Program (TIP). Chairman Wagner stated that it may be beneficial to hold a retreat that includes non-motorized transportation and intersections. Mayor Lewis advised that such a retreat be held in 2014, considering the election of new Councilmembers and a new mayor. Assistant Director/City Engineer Selle explained that staff will begin the update to the Comprehensive Transportation Plan in 2013, to be completed in 2014, and that is a more comprehensive document to use when determining policy regarding funding transportation projects and for identifying any changes or modifications to the transportation plan for the City. Chairman Wagner suggested the retreat be scheduled for May of 2014. Vice-Chair Peloza spoke about the importance of including community coalitions in the transportation discussions. Mayor Lewis suggested holding community transportation meetings to discuss preservation and corridors in each City neighborhood, West Hill north, central, and south, Lea Hill north, central, and south, the flats north, central, and south, etc. The Committee discussed how Planning and Engineering are influential when setting policy for transportation planning and spending. Member Osborne asked why Phase 2 of the M Street Underpass Project is not included in the TIP. Assistant Director/City Engineer Selle answered that the project is included in the Comprehensive Plan and not the TIP because the project is not projected to be started within the next six years. Chairman Wagner suggested the project be included in the TIP to allow the project to be eligible for grants. Page 8 of 12 PW.1 Page 20 of 144 Member Osborne asked if widening of Lakeland Hills Way to Lake Tapps Parkway is included in the TIP or the Comprehensive Plan. Assistant Director/City Engineer Selle stated that is it identified in the Comprehensive Plan. Chairman Wagner suggested that the Comprehensive Plan include a little more detail to facilitate better development planning. Member Osborne suggested the TIP # be included on the Table of Contents. The Committee agreed that would be helpful. Assistant Director/City Engineer Selle responded to questions asked by Chairman Wagner regarding the total funding over the six year period for the TIP projects and project grant eligibility. Chairman Wagner suggested that a few more projects be added to the TIP to help increase the total funding projected for 2019. Responding to a question asked by Vice-Chair Peloza, Assistant City Engineer Gaub explained that some of the TIP projects are federally funded and it takes time to close those projects out. This is why the project may still be included on the TIP with a small amount of funding for the 2014 year. Chairman Wagner asked why TIP #32, City Sidewalk Repairs and Improvements shows no funding. Traffic Engineer Webb answered that the project’s funding was reallocated to two other projects which include pedestrian improvements. Chairman Wagner suggested separating pedestrian improvements from other non-motorized transportation projects for future planning next year. The Committee and staff discussed finding additional funding for sidewalk safety improvements. At Chairman Wagner’s suggestion, Assistant Director/City Engineer Selle stated that staff will try to locate $100,000.00 of additional funding to include in TIP #30 for Citywide Pedestrian Accessibility Program. Chairman Wagner asked that the words, “and Safety” be added to the project title. Mayor Lewis reminded Chairman Wagner that there is an Executive Session included on the agenda and some of the staff needed for that session also need to attend the Finance Committee Meeting, which begins at 5:30 p.m. Chairman Wagner asked to take a recess from the TIP discussion to conduct the Executive Session and the Committee agreed. For purposes of these minutes the following discussion occurred after the completion of the executive session. Page 9 of 12 PW.1 Page 21 of 144 Discussion resumed following the executive session. Assistant City Engineer Gaub answered questions asked by Member Osborne regarding payment of the Public Works Trust Fund Loan included on TIP #5. Chairman Wagner asked that there be a note in the TIP that indicated the loan is a 30-year loan. Chairman Wagner asked if there was a grant received for TIP #6. Assistant Director/City Engineer Selle stated that a grant was received for design and Right-of-Way acquisition. Assistant City Engineer Gaub noted that the project is on the contingency list for a federal grant for construction. Vice-Chair Peloza asked for a Committee review of Project No. C222A, S 277th Street (Auburn Way North to Green River Bridge). Assistant City Engineer Gaub stated that the consultant agreement will be brought to the Committee within the next two meetings and a review can be provided at that time. Member Osborne asked where the third BNSF rail expansion will be located, in reference to TIP #33. Assistant City Engineer Gaub answered from 277th to just north of the 41st Street SE bridge, on the west side of the existing tracks. Traffic Engineer Webb stated that TIP #40, 124th Ave SE Corridor Improvements – Phase 1 is not specifically related to the Safe Schools project on Lea Hill, in response to a question asked by Member Osborne. Assistant Director/City Engineer Selle explained that the projects are complimentary to one another. Member Osborne mentioned that if the SR18 to SR164 bypass is ever completed, TIP #62, AWS Streetscape Improvements (SR18 to M St SE) will change considerably. Assistant Director/City Engineer Selle stated that the project is included in the TIP in case there is an opportunity to receive grant funding in support of the project. Chairman Wagner asked if design work for TIP #64, 65, and 66 should begin soon. Assistant City Engineer Gaub stated that design work for TIP #64 is planned to be in design in 2017 and construction in 2019. Chairman Wagner suggested that staff still start planning for the projects sooner than 2017. Member Osborne asked about the 2014 budget for TIP #19, Auburn Way North/1st Street NE Signal Improvements. Traffic Engineer Webb stated that the equipment at the intersection is beyond its service life and needs to be replaced. Assistant Director/City Engineer Selle continued that the intersection needs a battery backup system Page 10 of 12 PW.1 Page 22 of 144 because it is part of a key arterial corridor. The Committee discussed the budget for TIP #37. Chairman Wagner recommended a joint Public Works Committee and Planning and Community Development Committee to focus on increasing the budget for Local Street Improvement Programs. The Committee agreed. Public Works staff will schedule the joint meeting. D. Capital Project Status Report (Gaub) Item 9 – C201A – M Street Underpass: Vice-Chair Peloza asked if staff knows when there will be a ribbon cutting for the underpass. Assistant City Engineer Gaub answered that staff is working with the Mayor’s office to schedule a ceremony and it will not likely occur until late June or early July. Item 8 – C524A – SCADA System Improvements: Assistant City Engineer Gaub stated that the project finish date should be December 2013 and not June, in response to a question asked by Member Osborne. Item 19 through 24 – Vice-Chair Peloza asked if City Engineering staff is working on the design for all of the projects. Assistant City Engineer Gaub said that staff is working on some of the projects and others are being worked on by consultants. Vice-Chair Peloza asked that when a project is being worked on by a consultant that it be noted similar to Item 29. Item B – CP1115 – City Hall NW Plaza Improvements: Member Osborne asked for the project status. Assistant City Engineer Gaub stated that she needs to check with Planning staff to see when the project is scheduled to return to the Planning and Community Development Committee for discussion. E. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Item 5 – Reddington Levee: Member Osborne asked if there was a problem with the project design. Assistant Director/City Engineer Selle answered that the approvals are being worked on and he believes King County is on schedule. Vice-Chair Peloza stated that there were no problems mentioned at the Flood Control District Meeting. F. Action Tracking Matrix (Dowdy) Page 11 of 12 PW.1 Page 23 of 144 Item K – Pedestrian Visibility Improvements on A St NW (NW Post Office exit): Chairman Wagner said the item can be removed because the sign has been installed. Item N – Street Lamp Installation 112th & 256th Streets: Vice-Chair Peloza noted that the intersection is 112th and 296th. Assistant City Engineer Gaub stated that staff is waiting for a response from PSE. V. EXECUTIVE SESSION A. Cascade Water Supply Offer (Dowdy) At 4:52 p.m., the Committee went into executive session to discuss pending and potential litigation for approximately 10 minutes. The executive session was extended an additional 15 minutes. The committee meeting resumed at 5:23 p.m. VI. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:49 p.m. Approved this 20th day of May, 2013. Page 12 of 12 PW.1 Page 24 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: May 6, 2013 Minutes Date: May 14, 2013 Department: Administration Attachments: may 6, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Partridge Staff: Meeting Date:May 20, 2013 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 25 of 144 Finance Committee May 6, 2013 - 5:30 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair John Partridge called the meeting to order at 5:30 p.m. in Annex Conference Room 1 located on the second floor of the City Hall Annex at One East Main Street in Auburn. A. Roll Call Chair John Partridge and Member John Holman were present. City officials and staff members present included: Mayor Peter B. Lewis, Deputy Mayor Nancy Backus, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, Public Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber, Utilities Engineer Dan Repp and Deputy City Clerk Shawn Campbell. Also present was Scot Pondelick. B. Announcements There was no announcement. C. Agenda Modifications Resolution No. 4941 was moved from Resolutions, Item A, to Discussion, Item B, and Resolution No. 4949 was added to the agenda as Discussion, Item K. II. CONSENT AGENDA A. April 15, 2013 Minutes Member Holman moved and Chair Partridge seconded to approve the April 15, 2013 minutes. MOTION CARRIED UNANIMOUSLY. 2-0 B. Claims Vouchers (Coleman) Claims check numbers 421876 through 422299 in the amount of $2,506,470.54 and dated May 6, 2013. Committee members reviewed the claims and payroll vouchers and briefly discussed claims voucher numbers 422092 and 422280. Page 1 of 6 FN.1 Page 26 of 144 Member Holman moved and Chair Partridge seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 2-0 C. Payroll Vouchers (Coleman) Payroll check numbers 533756 through 533787 in the amount of $269,974.76 electronic deposit transmissions in the amount of $1,203,894.37 for a grand total of $1,473,869.13. For the period covering April 11, 2013 - April 24, 2013. See claims vouchers above for action on payroll vouchers. III. DISCUSSION ITEMS A. Resolution No. 4911 (Faber) A Resolution of the City Council of the City of Auburn, Washington, declaring certain City property as surplus, and authorizing the Mayor and City Clerk to execute agreements between the City of Auburn and the State of Washington for an exchange of property Director Faber presented Resolution No. 4911. He stated the resolution declares the City owned I street property as surplus and allows the Mayor to enter into an agreement with Washington State to swap the I street property for the State owned property at Game Farm Park. Chair Partridge questioned the assessed value of the two properties. Director Faber stated the values of the two properties are very similar. The Washington State Revised Code of Washington for property exchanges states the value does not have to be equal. Director Faber said the City will use the buildings as storage until a master plan has been developed. Mayor Lewis said the City has been working on acquiring this property since he was on the Council and this is a very good exchange for the City. B. Resolution No. 4941 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South and M Street SE Intersection Improvement Project (CP1024) Director Dowdy presented Resolution No. 4941. This resolution allows the Mayor to begin negotiations with the property owners to gain the additional ten feet of right of way needed for this project. This project will result in an additional right hand turn lane, and the ability to round off the curb to address the safety concerns at the intersection. Page 2 of 6 FN.1 Page 27 of 144 C. Resolution No. 4938 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Pedestrian Improvements Project Dogwood Street SE to Fir Street SE (CP1118) Director Dowdy presented Resolution No. 4938 and Resolution No. 4939. The resolutions allow the City to negotiate for partial takes of the properties to acquire the rights of way on both sides of the street. Resolution No. 4938 will allow the Mayor to negotiate to acquire properties on Auburn Way South from Dogwood Street SE to Fir Street SE. Resolution No. 4939 will allow the City to negotiate for properties from Fir Street SE to Hemlock Street SE. The two projects are being planned together to ensure they work together. The Muckleshoot Tribe will also be donating land and cost sharing for the project. This project widens the existing road and installs u-turns for traffic and pedestrian safety. Mayor Lewis stated this project has received approval from the State of Washington. The project is primarily for public safety. D. Resolution No. 4939 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Corridor Improvements Project Fir Street SE to Hemlock Street SE (CP1119) See Resolution No. 4938 for discussion of Resolution No. 4939. E. Resolution No. 4940 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as no longer needed for sanitary sewer utility purposes and authorizing the Mayor to execute a dedication deed thereof for City right-of-way purposes for mutual consideration Director Dowdy presented Resolution No. 4940. The property is no longer needed for the Sanitary Sewer Utility but is needed for road rights of way. The resolution will allow access to the east side ditch and easements that have been set aside under the group utilities ownership for wetland mitigation projects. F. Resolution No. 4945 (Coleman) A Resolution of the City Council of the City of Auburn, Washington, authorizing the City to apply for, and if awarded, to accept state grant funds in the amount of $6,000.00 from the Washington State Department of Transportation Aviation Division to update the 2000- 2020 Airport Master Plan and authorizing the execution of the grant Page 3 of 6 FN.1 Page 28 of 144 agreement therefor Director Coleman presented Resolution No. 4945. The resolution authorizes the City to apply for and accept a Washington State grant to assist in funding the 2000 - 2020 Airport Master Plan. The City will need to apply for the grant by the end of May and the award will be by the end of June 2013. Chair Partridge stated the City will still be responsible for the remaining $16,500.00. G. Resolution No. 4946 (Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to grant an easement to Puget Sound Energy for the purpose of installing underground power facilities for the Academy Booster Pump Station Project (CP0909) Director Dowdy presented Resolution No. 4946. He stated the purpose of the easement is to support the booster pump station. The City will be taking out an old booster pump station and replacing it. The easement will allow Puget Sound Energy to provide power to the new station. H. Public Works Consultant Agreement AG-C-431 (Dowdy) Council to grant permission to enter into Consultant Agreement No. AG-C-431 with FCS Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate and Charge Study Utilities Engineer Dan Repp stated the cost of service study will show the true cost of services for each customer class. The Council will then be able to reevaluate each customer class rate. Chair Partridge asked what prompted the cost of service study. Mr. Repp stated jurisdictions revisit this issue periodically to ensure the cost of services are appropriately allocated across the customer classes. The City has not done this study since 1998. Mayor Lewis said this is considered best practices. Member Holman stated the rate study results will give Council the opportunity to review their billing philosophy. Mr. Repp stated the study would start the first part of the third quarter and be final in the first part of 2014. I. SCORE Jail Statistics (Coleman) Director Coleman presented the SCORE Jail Statistics. The 2014 budget for maintenance and operations of the SCORE facility have been established. The Average Daily Population (ADP) counts averaged 84 inmates compared to the current budget of 122 inmates. That is a reduction of approximately 6.5%. The savings compared to the current budget for the City of Auburns portion of the maintenance and operations budget will be a reduction of 7.85%. Page 4 of 6 FN.1 Page 29 of 144 Member Holman stated the City is estimated to save $1,100,000.00 to $1,250,000.00. Director Coleman shared the information provided to the City from the SCORE facility regarding the month by month population of each member and the contract population. Mayor Lewis stated if a sizable contract for jail services was negotiated the SCORE facility would have to open an additional pod. J. Animal Control Licensing Program (Coleman) Director Coleman stated when the Municipal Services Committee reviewed the Animal Control and Licensing Program they requested additional information including all the costs for all aspects of the program. The spreadsheet has been revised to include all costs including building cost, value and amortization; land site improvements; tenant improvements and a 12.5% administration fee on gross licensing and marketing. Member Holman asked if under the King County agreement the City was assessed additional fees for veterinary services. Director Coleman stated emergency veterinary services was a part of the contract. The City has emergency veterinary services added into the Animal Services budget. There has been a substantial increase in licensing and revenue for the month of March. The Committee thanked Director Coleman for providing the detailed information. K. Resolution No. 4949 Mayor Lewis presented Resolution No. 4949. Washington State Department of Transportation is concluding a study done on different locations around the state for new Amtrak stations. The National Amtrak Advisory Board requested the City provide a resolution requesting an Amtrak stop within the City. The City is also including letters of support from all of the cities in the transportation network. IV. ADJOURNMENT There being no further business to come before the Committee, the meeting adjourned at 6:18 p.m. APPROVED this 20th day of May, 2013. ___________________________ _____________________________ John Partridge, Chair Shawn Campbell, Deputy City Clerk Page 5 of 6 FN.1 Page 30 of 144 Page 6 of 6 FN.1 Page 31 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the May 6, 2013 Regular Meeting Date: May 14, 2013 Department: Administration Attachments: May 6, 2013 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:May 20, 2013 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 32 of 144 City Council Meeting May 6, 2013 - 7:30 PM Auburn City Hall MINUTES Watch the meeting video Meeting videos are not available until 72 hours after the meeting has concluded. I. CALL TO ORDER A. Flag Salute Mayor Peter B. Lewis called the meeting to order at 7:30 p.m. in the City Hall Council Chambers located at 25 West Main Street and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Rich Wagner, Nancy Backus, Bill Peloza, John Partridge, Wayne Osborne and John Holman. Councilmember Largo Wales was excused. Department directors and staff members present: City Attorney Daniel B. Heid, Human Resources and Risk Management Director Brenda Heineman, Assistant Director of Human Resources and Risk Management Rob Roscoe, Employee Relations and Compensation Manager Aaron Barber, Finance Director Shelley Coleman, Police Chief Bob Lee, Public Works Director Dennis Dowdy, Interim Planning and Development Director Jeff Tate, Economic Development Manager Doug Lein, and Deputy City Clerk Shawn Campbell C. Announcements, Appointments, and Presentations There was no announcements, appointments or presentations. D. Agenda Modifications The presentation for the More Than We Imagined Award was removed from the agenda. Resolution No. 4949 was added to the agenda. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Public Hearing for Resolution No. 4940 (Wagner/Dowdy) City Council conduct a public hearing to receive public comment, proposals, and suggestions on Resolution No. 4940, which would declare approximately 1.10 acres of City-owned property as no longer needed for sanitary sewer utility purposes and dedication Page 1 of 10 CA.A Page 33 of 144 of a portion of the property as right-of-way. Director Dowdy presented the staff report for Resolution No. 4940. Mayor Lewis explained the resolution moves City owned property from one part of the City Government to a different part of the part of City Government. Mayor Lewis opened the public hearing at 7:35 p.m. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen questioned what the City plans to do in relation to the wetland mitigation requirements on this property. There being no further comment, the hearing was closed. B. Audience Participation This is the place on the agenda where the public is invited to speak to the City Council on any issue. Those wishing to speak are reminded to sign in on the form provided. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen expressed concerns for the property owners that Resolution No. 4941 will affect. She requested Council take special care to ensure the property owners are happy at the end of the exchange. John and Eleanor Brekke, 8436 Midland Road, Medina Mr. Brekke stated he and his sister are commercial property owners in the City and requested help from the City regarding concerns they have regarding the preferred site for the new King County transfer station. He asked the City to pass a resolution opposing the North Auburn site. Mary-Anne Harkness, 29780 53rd Avenue South, Auburn Ms. Harkness voiced concerns about relocation of the King County transfer station to the north Auburn site. She noted King County has already purchased many parcels north of the current transfer station. She requested King County expand the transfer station at the current site. Cindy Flanagan, 6012 South 298th Place, Auburn Ms. Flanagan thanked the Mayor for stating his position on the location of the King County transfer station in Auburn. She also thanked the Councilmembers for publicly stating opposition of the transfer station. She requested the City Council put forward a Page 2 of 10 CA.A Page 34 of 144 Resolution opposing the transfer station any place in Auburn. She noted wildlife and wetland concerns. Bob Darrigan, 104 South 325th Place, Federal Way Mr. Darrigan thanked the Mayor and Council of their support of the Special Needs Youth Fishing Derby at Mill Pond Park. He stated the event would not happen without the City's support. Mayor Lewis requested all of the volunteers for this event in the audience to stand and be recognized. Claude Dacorsi, 3611 I Street NE, Auburn Mr. Dacorsi listed concerns with the reduced speed limit on West Valley Highway. He requested Council consider raising the speed limit back to the previous speed limit. Mr. Dacorsi also requested the City look into replacing the benches and adding cigarette butt containers at the Sound Transit Station. Mayor Lewis noted the Transit Station is owned and operated by Sound Transit but the City would pass on the concern regarding the area. Mayor Lewis responded to the citizens concerns regarding West Valley Highway. He stated the speed limit will not be increased due to the road condition. The City is trying to keep the Highway open with the limited funds available. C. Correspondence There was correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee met April 22, 2013. The Committee reviewed Ordinance No. 6461, Mountain View Cemetery update, Auburn Golf Course, Animal Control Licensing Program, SCORE Jail, Redflex contract and the Red Light Photo Enforcement Program. The Committee also reviewed the project matrix. The next regular meeting of the Municipal Services Committee is scheduled for Monday, May 13, 2013. B. Planning & Community Development Chair Backus reported the Planning and Community Development Committee met on April 8, 2013. The Committee approved Ordinance No. 6461 to be forwarded to full Council. The Committee also discussed floodplain management, student and rental housing, the Strategic and Comprehensive plan rewrites, the director's report and Page 3 of 10 CA.A Page 35 of 144 the project matrix. The next regular meeting of the Planning and Community Development Committee is scheduled for May 13, 2013 at 5:00 p.m. C. Public Works Chair Wagner reported the Public Works Committee met this afternoon at 3:30. The Committee approved a right-of-way use permit, contracts for Public Works Project CP1224, Public Works Project CP1304, Public Works Project C410A and Public Works Project CP0817, Resolution No. 4939, Resolution No. 4938, Resolution No. 4940, Resolution No. 4941 and Resolution No. 4946. The Committee also discussed Resolution No. 4943, Resolution No. 4936, Resolution No. 4937, the capital project status report, Public Works status report, and the Committee's project matrix. The next regular meeting of the Public Works Committee is scheduled for May 20, 2013 at 3:30 p.m. D. Finance Chair Partridge reported the Finance Committee met this evening at 5:30. The Committee reviewed claims vouchers in the amount of $2.5 million and payroll vouchers in the amount of approximately $1.4 million. The Committee also discussed Resolution No. 4911, Resolution No. 4941, Resolution No. 4938, Resolution No. 4939, Resolution No. 4940, Resolution No. 4945, Resolution No. 4946, Public Works Agreement AG-C- 431, Score Jail statistics, the animal control and licensing program and Resolution No. 4949. The next regular meeting of the Finance Committee is scheduled for May 20, 2013. E. Les Gove Community Campus F. Council Operations Committee The next regular meeting of the Council Operations Committee is scheduled for June 3, 2013 at 5:00 p.m. Immediately following Committee Reports, Mayor Lewis recessed the meeting to a closed session at 8:28 p.m. pursuant to RCW 42.30.140 (4)(b) to discuss the City’s position related to collective bargaining. Mayor Lewis reconvened the meeting at 8:43 p.m. Deputy Mayor Nancy Backus moved and Councilmember Wagner seconded to suspend the rules as to the order of business so that the Council can take action on the collective bargaining agreement discussed in closed session. City Attorney Heid read the title of Resolution No. 4948: Page 4 of 10 CA.A Page 36 of 144 A Resolution of the City Council of the City of Auburn, Washington, approving the Collective Bargaining Agreement between the City of Auburn and the Auburn Police Guild for 2013 – 2015 Councilmember Peloza moved and Councilmember Osborne seconded to approve Resolution No. 4948. Officer Jeff Wood, 340 E Main Street, Auburn Mr. Wood thanked Employee Relations and Compensation Manager Aaron Barber and Assistant Director and Risk Manager Rob Roscoe for their hard work and openness during contract negotiations. The guild members voted 100% to accept the contract. Councilmember Peloza stated this resolution is for the 2013- 2015 Collective Bargaining agreement with the Police Guild and completes six months of negotiations. MOTION CARRIED UNANIMOUSLY. 6-0 IV. CONSENT AGENDA All matters listed on the Consent Agenda are considered by the City Council to be routine and will be enacted by one motion in the form listed. A. Minutes of the April 15, 2013 regular City Council meeting B. Claims Vouchers (Partridge/Coleman) Claims check numbers 421876 through 422299 in the amount of $2,506,470.54 and dated May 6, 2013. C. Payroll Vouchers (Partridge/Coleman) Payroll check numbers 533756 through 533787 in the amount of $269,974.76 electronic deposit transmissions in the amount of $1,203,894.37 for a grand total of $1,473,869.13 . For the period covering April 11, 2013 - April 24, 2013. D. Public Works Consultant Agreement AG-C-431 (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-431 with FCS Group, Inc. for the Water, Sewer, and Stormwater Cost of Service Rate and Charge Study. E. Public Works Project No. C410A (Wagner/Dowdy) City Council approve Change Order No. 5 in the amount of $8,042.23 to Contract No. 11-12 for work on Project No. C410A, 277th Wetland Mitigation Monitoring (Annual). F. Public Works Project No. CP0817 (Wagner/Dowdy) City Council approve Final Pay Estimate No. 9 to Contract No. 10-17 in the amount of $11,510.04 and accept construction of Project No. CP0817, 2009 Sewer and Storm Station Replacement – Phase C – Page 5 of 10 CA.A Page 37 of 144 White River Storm Pump Station. G. Public Works Project No. CP1304 (Wagner/Dowdy) City Council grant permission to enter into Consultant Agreement No. AG-C-433 with KPG, Inc. for engineering services for Project No. CP1304, 37th and B Street NW Pre-Signal. H. Public Works Project No. CP1224 (Wagner/Dowdy) City Council grant permission to advertise for Project No. CP1224, 2013 Local Street Pavement Reconstruction Project. Deputy Mayor Backus moved and Councilmember Wagner seconded to approve the Consent Agenda. The Consent Agenda includes claims and payroll vouchers and public works projects. MOTION CARRIED UNANIMOUSLY. 6-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6461 (Backus/Tate) An Ordinance of the City Council of the City of Auburn, Washington, amending Section 8.12.060 and 18.31.020 of the Auburn City Code relating to electric fences Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Ordinance No. 6461. Deputy Mayor Backus stated the ordinance allows citizens to have an electric fence within the city limits of Auburn and have conformity with the standards of the International Electro Technical Commission. MOTION CARRIED UNANIMOUSLY. 6-0 VIII. RESOLUTIONS A. Resolution No. 4938 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Pedestrian Improvements Project, Dogwood Street SE to Fir Street SE (Project CP1118) Page 6 of 10 CA.A Page 38 of 144 Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4938. MOTION CARRIED UNANIMOUSLY. 6-0 B. Resolution No. 4939 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South Corridor Improvements Project, Fir Street SE to Hemlock Street SE (Project CP1119) Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4939. Councilmember Wagner stated this is a cooperative agreement with the Muckleshoot Tribe. The Tribe is donating many parcels to the project. This project is across a Washington State Highway, and the State has controlling authority of pedestrian crossings on State Highways. MOTION CARRIED UNANIMOUSLY. 6-0 C. Resolution No. 4940 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as no longer needed for sanitary sewer utility purposes and authorizing the Mayor to execute a dedication deed thereof for City right-of-way purposes for mutual consideration Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4940. MOTION CARRIED UNANIMOUSLY. 6-0 D. Resolution No. 4941 (Wagner/Dowdy) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate agreements and execute documents necessary to acquire property related to the Auburn Way South and M Street SE Intersection Improvement Project (CP1024) Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4941. Councilmember Wager stated this intersection has the highest traffic accident rate in the City. This project will improve safety at the intersection. MOTION CARRIED UNANIMOUSLY. 6-0 E. Resolution No. 4946 (Wagner/Dowdy) Page 7 of 10 CA.A Page 39 of 144 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to grant an easement to Puget Sound Energy for the purpose of installing underground power facilities for the Academy Booster Pump Station Project (CP0909) Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4946. MOTION CARRIED UNANIMOUSLY. 6-0 F. Resolution No. 4949 Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4949. Councilmember Wagner stated Amtrak is considering adding additional stops. This resolution confirms the city would like a stop within the City limits of Auburn. MOTION CARRIED UNANIMOUSLY. 6-0 IX. REPORTS At this time the Mayor and City Council may report on significant items associated with their appointed positions on federal, state, regional and local organizations. A. From the Council Deputy Mayor Backus reported she attended the Arbor Day Tree planting, the Cities and School meeting, a memorial service for Councilmember Wagner's mother, the Community Volunteer luncheon, the Empty Bowls fund raiser, North Tapps and Valley Regional Fire Authority pancake breakfasts, the Community and Schools auction, the National Day of Prayer and Clean Sweep. Councilmember Wagner reported he attend the Regional Access Mobility Partnership meeting. Councilmember Holman noted the City of Auburn will be 122 years old on June 13th. The City is partnering with the Downtown Association for a Birthday party on Friday June 14, 2013. The theme of the party will be "History and Hops". Councilmember Peloza reported he attended the Airport Advisory Board meeting, the King County Water Pollution Abatement Committee meeting, the Water Resource Inventory Management (WRIA9) meeting, King County Flood Control District Committee meeting, toured the Tolt and Snoqualmie river basin, the Terry Home grand opening, Community Center Volunteer luncheon and Clean Page 8 of 10 CA.A Page 40 of 144 Sweep. He also noted the Auburn International Farmers Market opening day is June 9, 2013. Councilmember Osborne reported he attended the Regional Transit Committee meeting. Councilmember Partridge reported he attended the Partnership luncheon with the Tacoma and Seattle Port directors, the Good Eggs Breakfast, the Community and Schools auction dinner, Mountainview High School's senior portfolio sessions, the Cities and Schools Forum, the Community Volunteer luncheon, Councilmember Wagner's mothers memorial service, the firefighters pancake breakfast, the Sons of Italy scholarship fund raiser, National Day of Prayer, Regional Law, Safety and Justice Committee meeting and Clean Sweep. B. From the Mayor Mayor Lewis reported he attended the South County Area Transportation Board Meeting, League of Women Voters Transportation Committee meeting, Chamber Luncheon for the Port CEO's, the Terry Home's opening, opening day at Emerald Downs, Northwest Figure Skating Competition at Skate Connection, SCORE Jail meeting, Puget Sound Regional Council General Assembly meeting, the US Conference of Mayor's Workforce Development Council Board of Trustees meeting, the Valley Cities luncheon, King County Flood Control District meeting, National Day of Prayer, Pierce County Cities and Towns Association, Clean Sweep and an Eagle Court Honor Ceremony for Mitch Garing. Mayor Lewis thanked people for the kind sentiments for the loss of his mother-in-law. X. EXECUTIVE SESSION At 9:42 p.m., Mayor Lewis recessed the meeting for a five minute intermission and then to executive session for approximately five minutes in order to discuss pending/potential litigation and the acquisition of real property. Action may follow the executive session. City Attorney Heid attended the executive session. Director Dowdy, Director Coleman and Economic Development Manager Lein were also required for the executive session. Mayor Lewis reconvened the meeting at 10:21 p.m. City Attorney Heid read the title of Resolution No. 4947: A Resolution of the City Council of the City of Auburn, Washington, declaring certain real property as surplus and authorizing the Mayor and City Clerk to negotiate and execute a purchase and sale agreement between the City of Auburn and Teutsch Partners, LLC Page 9 of 10 CA.A Page 41 of 144 Deputy Mayor Backus moved and Councilmember Holman seconded to adopt Resolution No. 4947. Deputy Mayor Backus stated the resolution is for a potential purchase and sale of two downtown parcels. MOTION CARRIED UNANIMOUSLY. 6-0 City Attorney Heid read the title of Resolution No. 4951: A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor and City Clerk to negotiate a wholesale water supply agreement between the City of Auburn and Cascade Water Alliance and Tacoma Public Utilities Councilmember Wagner moved and Councilmember Peloza seconded to adopt Resolution No. 4951. Councilmember Wagner stated the resolution is for a wholesale water agreement with Cascade Water Alliance for future growth. MOTION CARRIED UNANIMOUSLY. 6-0 XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 10:23 p.m. APPROVED the 20th day of May, 2013. _____________________________ _____________________________ Peter B. Lewis, Mayor Shawn Campbell, Deputy City Clerk Page 10 of 10 CA.A Page 42 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Claims Vouchers Date: May 14, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve claims vouchers as part of the Consent Agenda. Background Summary: Claims check numbers 422300 through 422679 in the amount of $4,265.289.56 and dated May 20, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:May 20, 2013 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 43 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: May 14, 2013 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: City Council approve the payroll vouchers as part of the Consent Agenda. Background Summary: Payroll check numbers 533788 through 533820 in the amount of $869,903.60 and electronic deposit transmissions in the amount of $1,204,262.28 for a grand total of $2,074,165.88 for the period covering April 25, 2013 to May 8, 2013. Reviewed by Council Committees: Finance Councilmember:Partridge Staff:Coleman Meeting Date:May 20, 2013 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 44 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1308 Date: May 14, 2013 Department: Public Works Attachments: Consultant Scope Summary Budget Status Sheet Vicinity Map Budget Impact: $0 Administrative Recommendation: City Council grant permission to enter into Consultant Agreement No. AG-C-434 with Parametrix, Inc. for engineering services for Project No. CP1308, BNSF Utility Crossings Project. Background Summary: This project will design and construct utility improvements required by Burlington Northern Santa Fe Railway (BNSF) to accommodate the new BNSF third rail line that will extend from Ellingson Road to South 277th Street along the west side of the existing north-south tracks. BNSF requires that all utilities are constructed in casings to protect them from train loadings and to allow maintenance and replacement without impacting rail traffic. Several City utilities that cross the rail alignment were constructed prior to the implementation of BNSF’s casing requirement and are not encased adequately to address the proposed 3rd rail. This project will replace these utilities in casings that meet BNSF requirements and construct the associated roadway and other surface restoration. City staff has selected Parametrix, Inc. to provide design services for this project and the anticipated consultant cost for this agreement is $200,000.00, which is included in the project budget. The total project budget is $1,440,000.00, of which $780,000.00 is from bond proceeds in the 430 Water Fund, $500,000.00 is from bond proceeds in the 432 Storm Drainage Fund, and $160,000.00 is from the 431 Sewer Fund. O4.11.1 CP1308 AUBURN * MORE THAN YOU IMAGINEDCA.D Page 45 of 144 Reviewed by Council Committees: Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 20, 2013 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 46 of 144 BNSF UTILITY CROSSINGS CONSULTANT SCOPE OF WORK SUMMARY PAGE 1 OF 1 P1308 – BNSF Utility Crossings Project Summary Scope for Survey and Design Services Project Description This project will design and construct utility improvements required by Burlington Northern Santa Fe Railway (BNSF) to accommodate the new BNSF 3rd rail line that will extend from Ellingson Road to South 277th Street along the west side of the existing north-south tracks. BNSF requires that all utilities are constructed in casings to protect them from train loadings and to allow maintenance and replacement without impacting rail traffic. Several City utilities that cross the rail alignment were constructed prior to the implementation of BNSF’s casing requirement and are not encased adequately to address the 3rd rail. This project will replace these utilities in casings that meet BNSF requirements and construct the associated roadway and other surface restoration. Task 1: Project Management and Meetings This task will be continuous throughout the project design duration and will include the work necessary to set up and plan the entire project and establish project-specific procedures, including communication, quality assurance and control, overall project coordination with the City and project team, and project closeout. Tasks 2 and 3: Base Data Collection and Preliminary Design This task will include collecting and developing information to support the project design. The Consultant will collect and research record drawings, topographic survey and utility pothole information. The Consultant will perform geotechnical investigations to evaluate soil properties and potential railroad loadings to support the design of adequate pipe casing and installation techniques. This task will progress the major design elements to an overall 30% level, and perform specific activities to support this design level. This level of design will identify the utility alignments, casing materials and layouts and overall construction approach. The design will include a cost estimate for evaluation. Task 4: BNSF Permitting Based on review and City concurrence of the preliminary design and per BNSF requirements, the Consultant will complete permit applications and associated exhibits for each of the utility crossings. The City will submit the applications for BNSF review and execution. Task 5: Detailed Design This task will progress the major design elements to an overall 60% and then pre-final level, and perform specific activities to support these design efforts. The detailed design efforts will include addressing City and BNSF comments on the preliminary and 60% design documents. Documentation of this task will include 100% plans, specifications and estimate. Tasks 6 and 7: Bidding Phase Assistance and Environmental Services The Consultant will prepare and finalize contract bid documents and will assist the City in responding to bidder’s inquiries. The Consultant will prepare addenda to the bid documents as requested by the City. If contaminated soils are discovered during the design phase, the Consultant will evaluate the materials and develop a technical memo that recommends an approach for dealing with the contaminated soils. Total Consultant Agreement (not to exceed) = $200,000.00 CA.D Page 47 of 144 Project No: CP1308 Project Title: Project Manager: Jacob Sweeting Date: 5/13/2013 Project Initiation/Consultant Agreement Initiation Date:_____________ Permision to Advertise Advertisement Date: ________ Contract Award Award Date: ___________ Change Order Approval Contract Final Acceptance Funding Prior Years 20132014Total 430 Fund - Water (Bond Proceeds)780,0000 780,000 431 Fund - Sewer 160,0000 160,000 432 Fund - Storm Drainage (Bond Proceeds)500,0000 500,000 Total 01,440,00001,440,000 Activity Prior Years 20132014Total Design Engineering - City Costs 22,0000 22,000 Design Engineering - Consultant Costs 200,0000 200,000 Construction Estimate 1,000,0000 1,000,000 Project Contingency (15%)188,0000 188,000 Construction Engineering - City Costs 30,0000 30,000 Total 01,440,00001,440,000 BUDGET STATUS SHEET BNSF Utility Crossings The "Future Years" column indicates the projected amount to be requested in future budgets. Funds Budgeted (Funds Available) Prior Years 20132014Total *430 Funds Budgeted ( )0 (780,000)(2,014)(782,014) 430 Funds Needed 0780,0000 780,000 *430 Fund Project Contingency ( )00(2,014)(2,014) 430 Funds Required 0000 431 Sewer Budget Status Prior Years 20132014Total *431 Funds Budgeted ( )0 (160,000)0 (160,000) 431 Funds Needed 0160,0000 160,000 *431 Fund Project Contingency ( )0000 431 Funds Required 0000 Prior Years 20132014Total *432 Funds Budgeted ( )0 (500,000)0 (500,000) 432 Funds Needed 0500,0000 500,000 *432 Fund Project Contingency ( )0000 432 Funds Required 0000 * ( # ) in the Budget Status Sections indicates Money the City has available. 430 Water Budget Status 432 Storm Budget Status C:\Program Files\neevia.com\docConverterPro\temp\NVDC\AED964CF-46FD-4C86-886B- 86B89CB8FAF6\PDFConvert.6463.1.CP1308_BudgetStatusSheet.xlsx 1 of 1CA.D Page 48 of 144 CA.D Page 49 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4911 Date: May 1, 2013 Department: Parks/Art and Recreation Attachments: Land Exchange Document Resolution No. 4911 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution 4911. Background Summary: The City owns property commonly referred to as the “I Street Parcel.” The I Street Parcel is a 1.59 acre site, located at 810 30th Street NE in Auburn. The City’s fire services provider, the Valley Regional Fire Authority, has indicated that the property is no longer needed for that purpose and the City has no other public need for the property. The property is assessed for $833,000. The State owns property commnly referred to as the Puget Sound Regional Parks Offices @ Game Farm Park. The site has been vacant for over 3 years and is located at 2840 Riverwalk Drive SE, Auburn WA. The value of the property and improvements has been established through the use of current assessed values to the mutual approval of the parties. State and City staff has conducted a site inspection of the property. The former Region Office property is currently zoned Public Use/P1, Public Use District. The property is currently developed. The 2013 assessed land value is $582,600. The State proposed this site be sold through Public Auction with a minimum bid of $795,000 Highest and best use, with an assumed a zoning change was $1,560,000. A3.13.4 Reviewed by Council Committees: Finance, Planning And Community Development Councilmember:Backus Staff:Faber Meeting Date:May 20, 2013 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 50 of 144 Former Washington State Parks Puget Sound Region Office – City of Auburn “I” Street Property Land Exchange - Requested Action EXECUTIVE SUMMARY: This item requests that the City Council of the City of Auburn authorize the Mayor to enter into an exchange agreement of the commercial property owned by the City of Auburn located at 810 20th Street NE in exchange for the property owned by Washington State Parks, commonly know as the Puget Sound Regional Office at Game Farm Park. This action was previously acted own by the Washington State Parks and Recreation Commission at their March 28th meeting. SIGNIFICANT BACKGROUND INFORMATION: The Washington State Parks and Recreation Commission (Commission) acquired the property proposed for exchange to the city of Auburn in 1981. The site was the administrative facility (Region Office) for the Puget Sound Region of State Parks until 2009 when it was closed due to agency budget reductions. Located in King County the 4.7-acre property was acquired as a portion of a larger 165-acre property commonly referred to as the Auburn Game Farm from the Department of Game, which has subsequently become the Department of Fish and Wildlife. In 1984, the Commission leased 160.3 acres of the property to the City of Auburn (City) for use as a city park. In 2006, the Commission transferred the fee interest in this leased parcel to the City together with a deed reservation requiring that Auburn use the property for outdoor recreation purposes only. The entire former Auburn Game Farm property was purchased under a grant from the Interagency Committee for Outdoor Recreation (IAC) now known as the Recreation Conservation Office (RCO). Each RCO grant contract includes a clause called a “deed of right” requiring that the property acquired be used for public outdoor recreation purposes in perpetuity. Should the property cease to be used for public outdoor recreation purposes the property is declared to be “converted”. The normal remedy for a conversion is replacement with property of at least equal value and recreation utility. The City of Auburn has agreed to accept the deed reservation for the Region Office parcel and expects to continue managing the property for outdoor recreation purposes. In March of 2011, the Commission formally declared the former Region Office facility to be surplus to State Parks needs. The Commission additionally directed staff to offer the property for sale at public auction with the minimum bid value for the property established at $795,000. In late 2012, staff to the Commission initiated the procedures required to offer the surplus property at public auction. These actions were suspended pending resolution of the exchange opportunity that was authorized by the Washington State Parks Commission at their March 16, 2013 meeting. RES.A Page 51 of 144 CITY PROPERTY The City owns property commonly referred to as the “I Street Parcel.” The I Street Parcel is a 1.59 acre site, located at 810 20th Street NE in Auburn. This site was originally purchased as a potential site for a fire station. The city has no public need for the property and has been attempting to sell the site. The property is assessed for $833,000. . TRANSFER AGREEMENT The Property Exchange Agreement is attached detailing the terms and conditions of the exchange subject to the approvals of the Auburn City Council and the Washington State Parks Commission (approved on March 16 2013) RES.A Page 52 of 144 RESOLUTION NO. 4 91 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN CITY PROPERTY AS SURPLUS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO F,CECUTEAGREEMENTS BETWEEN THE CITY OF AUBURN AND THE STATE OF 1NASHINGTON FOR AN EXCHANGE OF PROPERTY WHEREAS the City owns a piece of property commonly referred to as the "I Street Parcel," located at 810 30th Street NE in Auburn. This site was originally purchased as a potential site for a fire station; and WHEREAS, the State owns a parcel of land commonty known as the State Parks Regional Headquarters Property ("Regional HQ°), located aY2840 Riverwalk Drive, adjacent to the City's Game Farm Park property; and WHEREAS, the City and State desire to exchange the aforemen4ioned properties in furtherance of the long-term interests of the City and State; and WHEREAS, the City and State, through the Washington State Parks and Recreation Gommission, wish to amend and extend their current agreement for joint use and maintenance of their respective facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City property known as the "I Street Parcel°, more particularly described at Exhibit "A" is declared to be surplus. Resotution No. 4911 May14, 2013 Page 1 of 3 RES.A Page 53 of 144 Section 2. The Mayor ofthe City of Aubum and the Aubum City Clerk are hereby authorized to execute an Agreement between the City of Aubum and the State of Washington for the exchange of the I Street parcel with State- owned property known as the 'Regional HQ," more particularly described in Exhibit B, which agreement shall be in substantial conformity with the Agreement attached hereto aa Exhibit "C." Prior acts consistent with this resolution are hereby ratified and confirmed. Section 3. The Mayor is hereby authorized to implement such adminisfrative prbcedures as may be necessary to carry out the directives of this legislation. Section 4. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OF AUBURN PETER B.LEWIS, MAYOR ATTEST: Danielle E..Daskam, City Clerk Resolutlon No. 4911 May 14, 2013 Page 2 of 3 RES.A Page 54 of 144 APPR ED TO FORM: niel B. Heid, Cit i:Att ey Resolution No.4911 May 14, 2013 Page 3 of 3 RES.A Page 55 of 144 E\HIBIT_ ST_TE PROPERT]' LEG_-1L PESC'RIPTION AND nLaY L or 1, l'n-of.anbv n L or Luir.ad mm rnt Nnmbin LL.aO, Re orded m der Rero:dmg Nrttnber '_0051019900001.m Lvu f.'o utn•,\'a.d m twi. h i{ rcp 7f ,- i m.h V : i• 7:,. ' r , r. a._ __--.-: . . _...;_.,_ ..._ _.:i- a_ --.'jC1 .. yr " ' s, -- ,-:— i. l .'c_. 3, . e aa- -..j, 4. "., y j T; E' c . - c r y"-, .. r MP t i `` ; . `_r__ '•p y y C _ r, e t` iF.k..' r y ,' i _ ._ ' -_, N 7 I y ' .:, _- - i,I. r ler IUi I .'_I RES.A Page 56 of 144 I E lHIBIT Et C'ITl PROYRTl LE C..L DE S C'RIPTI(-).I_NI)nLaP LOT 2 OF AliF1.IF 2 SHOFT FLAT=SGL"uii01-9U REC =:rti05i01121 5D Sp LGCATED Itd FOR OF ;E ?/C OF SlN 1/3 OF SEC G21-5 LY ElV dF AUBUFN WAY N &WLY OF "I"5T PlE INCLUC7E5 PORS Of H 30NES DLC 39&W BRANNAN DtC 37 R INCLUDES ALL OF GCl A OF AUBURN SHORT GLAT TSP- 2-30 FEC m300;260373) j -. -a'; r rrr_--: Q _ i. b r . t : , T . T_ • _ r r .g.. =._i. , ' i+J /,L..L( . . \ t ..- y _ : N v . . r _ .: : 5[„ A mc ..9,.,_ c';$$+ t r = . g r a.: +6 lr-^• . i :.3, Y-a. F I .5 i icift r i Ya a. "..ijd =-- yac 'a.` - liT • Ci.: '-.• `-',.•,' . , . 1 - j: r `}. 4 al: i_""',' ' r M _'. HI a T_v:ys r s. z: - . ' 6 s—'; q iys ? i° Y s qa f A s rCa Y- 1 S y 1 Y f F F_l .'' r F' N.L" i ,;d Q n 11jir" ,"` a,,, r " "' I i>s_ i i „r i RES.A Page 57 of 144 AGREEMENT TO EXCHANGE REAL PROPERTY THIS AGREEMENT TO EXCFIANGE REAL PROPERTY ("Agreement") is made by aad b weea the State of Washing ton, acdnB by and through the Washington State Parks and Itecreetion Commission("State'aad the Crtv of Aubinm.a rswaicioal corooration("City'"). Wf[1 IESSHI'H: A • VJF REAS, the Ciry owns a piece of property commotily refemd to as the"I Straet Parcel." . The I Street ParceI is a 1.59 acre site, located at 810 30m Street NE in Avbura. This site was.origioallY P a"r.ase3 as a pcitential site for a fne statioa. The City's fire services provide, the Valley Regional Fire Authoriry, has indiceted that the property is no loager needed for that pmpose and the City h no other addition pub ic:need for.the properry. • B:. Wf itEAS, the State owns a parcel of iand.comiarnily Imown as.the S.Pazks Regional H adqumters Roperty ("Regional HQ. The prope ty is a 4.'7 acre sibe located at 2840 Rivervvatk.Drive, adjacent to the Ciry's Game Farm Park properry. The State stopped using the Regional HQ,ead placed the properiy for pubGc auction in Dacember2012. C. . . WHEREAS, the City and State desire to exohange the aforementioned pmperties in furthecance of the long-term interests of the City and State. D.. WI REAS, the City will.hans£er owaeiship of I Su eet Paicel W the Siate in • ezchaoge for the Regional SQ PmpertY• Toget6er, ProP Y P . transferred w the City will of eqnal value aad fimcQon to the eaos6ng (CitY) property. The value of the P P Y and imQiovements has been established liy va[ue with the mumal approva!of the parties. NOW Tf 1tEFORE, in order to accomplish.the exchange of Sffite's propeity forthe City'.s Pmpecty;the Sta e and the City agra as follows: 1. • 1.1 State ageas w comrey and qiut laim alf of State's right,.ritle a¢d inteiest m the State Properly to City, on and subject w the tetms and oo tioris set forth ' m this Agreemrnt The consideratiba fdr the cumeyance of the State•Property shall be:tlie change by City of the City's Property. The State Property coasists of • a) Unless adjusted as proyided herein, the land described .d shown in Exlubit .A attacke hereto and all riShtq. teneme ts, hereditanieats. easements,and'appiatenaoces;iacludiag but not timited tq azry dghtg,title Page 1 of 21 RES.A Page 58 of 144 aad ia2apst in md to all'xs,cmPs:01,Sas.s d.8 avc1.waoer rights.o mineral rights;. b) AI1 of the ia provements,if afry,c arently situated on the Iand; e) All of State's rigl,'if ariy,m all petsonal add otfia t ibk properry aow or hereafta located on the land;and ' All Fa s, rightsof-way and other rights used in co ation with the State Ptnperty,including baf not limiDed to rigl to edjacent str s,mad.s, alleys,and rights-of-way. 1.2 City agees to convey and warrmt.City Property to State on and subject to the temos and conditiams set foeth ia this A .T6e oonside on for the convry ce of tfie; City PrnpeRy §hatl .be the exchange by State of the State ProPertY• The CitY P'oPertY o s o a) Unless adjaSted es providod heneia, the land desct bed a l sbown in Exhibit B attached hereto and all rigls s,t,hereditaments,, appui tenances, including but act.limited to.any ni8hts.tifle•end iaterest ia and to a111 es;croPs.oil,&as.send,gravel,water riglus;or minetal rigfits; b) All of the improv,if y,c¢smtly on the laud; c) All of City's tighu, if anY,m all.pasonal and otha tat ble propeRy aow or heisafta located on t5e 1and;td d) All ; rig-of-w'aY d other rigWs used m coa cGoa with the C'aty Property, incIuding but t limited to rigbLs to adjaceat ste'eeta.roads.allyYs. and riglrts-rn'-way. 1.3 Recreation and Consavation Office(RCO)Daed of RiBht CitY ag+ees to axept the mies sod respo'b lities to manage State land axading to dbe iriau and conditions set forth in dmt c ataia RGO a nt'd od Augost 10, 1981,(a showc in F.7Cf BIT C)ancl abide by r e tams and oondiuons widiia the Deed of RigM,date,d Decemb6c 17, 1484(es showa in E?Q IISTC D). 1.4 The Properry is soldµAS IS;WEIERE I3.^ Fach P'X is encouraged to acamiae the exch s pav Cties to ascertain the condiuoa ofthe Property.i'ncluding b rt aoi Iimited tothe;of encumbcanc, emsoachmmts,e c. F.acb pasty t this Agreenue t does not make and spacifically disclaims anY vvaasaties,p a.imPliad,inctudinB aaY wa Y Rf mache bility or fitness for a p rticuler p upose about the Prope:tY,includ'm8 but not limita!w e ry impmvema ts looated thae n,and ao employoe or agrnt of each party is a rthoriud otherwviise. The fongoing cGsclaimu specificslly appiies to with=espact to the e dstenoe or none ristence of eny pollw, conmminanta,or hs edovs waste or cla s b sed thecoon arising au ofthe actiml or thRatened disctiat'e.disposal,:aeePage:mig on,or escapc of.sirch su at,or into t6e Property. The parties:epres t and wnr aat tbaz it und uds that each patty is selling the PiopeAy"AS IS,VVf$E:IS"and vvill Y mspectioa of the Ptoperiy, Each party fiuther represems andrelonitsown.' wairan that it ass es all risk of o5 mg its owa pamits and lioriaatidn for it4 i d se of die PcopecEy. Page 2 of 21 RES.A Page 59 of 144 2. Saraumce of Evicets.r,. The:Parties agree to proceed in tlie following sequatce: a) The Ag eement to Exchange Real Pioperty slr ll be fullY executed. b) '!he exbLao e of pmperty is aLso subject to tfie following having been completed prior to the date of clo.sing: i. Receipt, teview ead appmvsl of any leases on the land end/or improvemrnts f each parceL n. Receipt,review and appr val of a Preliminaq'title report frn emch parcel. rii. Final review aad written approval by the State. iv. Final review and wiitten appmvat bY the Ciry. , v. Reoeipt, review, and apptoval of a Phase 1 Environniental Audit for Iwth P% 3. Convevaocx of Tiile The pazties agtee to execute.d deli'ver Qtritclaim Deods for their respoctive properry described in F.zbibit A&B, ftx aad cleer of all iiena,enammb, ,oi'any other title ezc o save aad excepi public utiliry easements and ma ets whidi may be a ble to the parties. Eitha party shall aotify the other of y otijaotions•to tte in writing. If the party so notified is u ble or imwiliiag w ciue or ib ins ae over said, exceptiori(s),the ob1 8 P Y Y a) Termiaate this Agoemeat,by vvritDea notice, whaeuPon neither party shaIl have any finctiur rigtrt or liabilities heie mder,or b) Waive its objacrions to title aod, in si ch event, shall take title subject to the exception,and the perties•shall close the transection contemplated by this Agieement 4. LTtili. All ualities such as doctricitY.watc, Ses+ oil, aad real property mxes shaq be prorated m the date of elosing. 5- ;, AnY sPecial ass:L.I.D.as meots ed R.ID.asses e s virhich are levied against the property descn'tieil in Ezlu`bit A&B at the time of closing s6a11 be , peid ia fntl by the xsspons bk party. 6.: Condiadn of Trtla Both pmties h ereby agree.from aod aRer the.da heneof im 1 the, terminafion of tLis Agisement or t e ce mon of ihe archaoge of piopeetities.that()thry will mice no action that will sdvasely affect ritle W or d elopmmt of the pmperties(iij. they.will aot mortgage,encumber'or.permit t6e eocum6zanoe of atl or my pation of the p opeiaes withoiu tfie other party's pzio wiitten oonseot;and(iu the,y wili not eota.into . azry w+rimen a oral comrects oi agi+ee enu with i spe.K to @re piopaties.. 7. I te of Closina. Closing of tlfis uansaedon>slia11 occur in the o of the Cldsuig 4 ent on or befoie Auaust 30. 2013. For purposes of this Agit ae neat,closmg shall2 ve dcc aied when alt appropriak doctime a[e tecotided 8.. Closine. This Agreemeot shall be'closed dueug} esaow through Stephazu Owa's of S yait Tide Company (206.770.881I) wfibse address is 7420 5°i Aveaue, S nte 500, Seattle,WA 9810L Page 3 of 21 RES.A Page 60 of 144 9. Closin¢Costs.n . 9.1 The State shaIl pay thc following•cosm amd expenses in oomccd oa with this transection: a) State's attotneys' fees. b) One hslf(1/2)eacrow fees:. c} All special a$sessmeots, L.I.D. a, .and R.I.D. assessm levied on the pcoperty descn'bed in Ezhibit A,shell be paid'm full. d) Real property tazes, if aay, wliich sl ll be pmiated m the cffite.of closing for Prbpecry desix'lied'm F.xhibit A. e) Trarisfa.tazes due on the conveyance of Property dascxibad in Exh'bnt A'if any. . fl T'rtle m.s a oe prea iam or ebshact fee and salcs ta c the eon property descdbed ia Extu'bit A,if a'. g) Costs. and fees associated with reco:dirig doc eats .wit fi the Courny Auditor's oi t'ice. 9.2 Ihe Ciry shall pay for the foUowiag costs and ezpenses m ctioa with , this*+*++on: a) Ciry'a attomey's fxs. b) Oae helf(1!2)esc ow fee P P?Y, i', whic6.shall-be prorated to the date of cldsing foi Pi+riperty descn`lieil in Ezlu'bit B. d) All special•a,L.LD. eats md RI.D.a ts. . levied on the Pcoperty:.descn`bed'm Extiibit B shall be paid in fulI. . e) Title insurance premiam or abstract fee and sales mx on pivperry . descn'bed in Fachibit B.if any. f. Any[teal Fstate Commissions eod Fas due.on this tcaosmcbon. 10..Real Fstate Brokeraae Fees. Neitha.party will iIIilize a commeecial real es e ageot or bmloer oa this on d neitha party w71 be r poms'b2e fa any mal este e cwmmis ons or fees. 11.Govemnient A na oval. The approval of the Aubum City Coimcil d.ti e State Park C isaion is requicod f the exchaoge of said Pcopeties It is imde stood aod ag eed th this Agran at is subject to obteining.such approyal. The perries sball use their best efforts anii take all steps necessary to obtain such govaame al apprnval.: 12.Survcw:.Subdivision.. In the evect a city, cotimty;'other 8 8 ' S . jiaisdiction of said gmQeraes recj s a siuvey or plat or has a sul vision dii oe;the . P , ffi e P' P. Ply with such oedinance d take al1.sGeps . cessmy to obtain such siuvry. Plat or sulidivisioa. The'pm ties agrbe to coopeiate m . o6taiai the noce ry apprbvals. 13.Posse on. Each Pariy shall be'emitled tio Po on.of the Prope ty upon the oe of Closirig,subject only to such matters approved in writing by the other Party. . . Page 4 of 21 - RES.A Page 61 of 144 14.Time is of the Essenc e. Time is of the asenx in the perFmmamoe of mry obli offi Pus ot to this Agieem t Failia+e of ather party w i ist u pcm the strict performance of the other p rty's obligaaon haamdei shell not mastitnte a waiver. of ia performance of all ofthe otha party's.obliga om heramder. I5;`f.otiixs• AnY notias rcquii ed or,poxamtitoed to be givven sha11 be in writing a delivered either in peisoa or by oertified meil,ratma reoeiPt l P B Pl' as follows or to such other address es.may be designated by either pazty. STATE: . WashingWn State Parks and Rati+eation Commissioa P Y Maaagement Pro n P.O.Bwc 42650 Olympia,WA 98504-2650 Phone: (360)902-8500 Fax: (360)902-8840 . CTI1'_ City of Aubum as w sa c n,w on 9soo s s 4ny acrtice given pursuant to this Agreem d iall !ie deemed effective the date it• is petsonally delivered or thra (3)liusiness days at r the date it is deposited in the LTnited States Mail. 16.Fnti e Agreemeat All undersffindings:and ag eeateau previously existing between the P ¢ 5', are me ged. intd tbis. Agnaement, wlrich alo fuIly and completcly acpresses their agieement, and the senie is entered 'mto after fiill investigation, neid a PenY elYing upon anY .smL:or•tep on made y the.other noi embodicd he:ein. 'I sis Ageement may not be c or te ed oially l7.Relations. Eac6 perty to this agreemeat shall be:respons ble for mjiuy to pasons or m P P Y 8 e on tFie pert of itsel its employces, its a ats;,or its offcx s. Neithc geciy aas mmes anY responsfb7iiy to tLe other.garry Eor the wnseqt eaces of any act or omisaion ofany their party. 18.Ton-Foea ?iffidavit The parties.are t foreign pesson(s) ag the roelm is iised aod defmod in SecIIOn 1445 of tl e Inoemal Reveriue Code, as ameoded, and the:reg ilaIIOffi Pmmulgated therwnder. The pazties stiali, upon request of the other, "cdmplete aa afficfavit to thaz effect . 19. F v ironmemal Concems. The parties watcant thaz ao ha ardoua substadoe, tdxic waste, or other toxic subscancx has beem p idviced, disposed o or has been kept oa the Pmpetties described in Exhibit A aud B which, if fotmd on,the ProPertY, wo ild subject the owner or user to ai4'P s h'>or liabi7iry tmdc aa applicable locsl;.te, fede al law or egulaIIOn. The pmties .shetl. tic .res'ble fot atI damages; costs, , Page 5 of 21 RES.A Page 62 of 144 atton eYs'•'fees,and Penalties arisin8 from the piesence ofsvch substances on eact of tlie respec6ve properties sold 20..Assieunait Each pmty agees that this insrnuaeat and all rights, tide aad interest are fully assignable to other govemmental e ities. 21.Default Remedies: Soacifia Performena: Im the event of material breach or default in or of this Agreement or y of the ons; warraoties,tetms, ,conditions or pmvisions hereof by the parti; the pazties shall have, in additiqn fo a claim for damages&om.such breach or defanit and without prejudice to aay other right or remedy available under this Ageement or at law or m equity, the right to:(a) demand and hsve spa;i5c perFo ance of this•Age ment:, (b) demand i lmctive relief to enforce.•azry p ovision of this A eeme or(c)terminafe tliis A eeme upon written notice without ac y atlditiamal lisbility W the parties a¢d shall be entitled w a full refimd:of any paymcots ' outlined herein. In tLe eveat of a material breach or default in or of tbis Agee e or : . at y of the representations, wu an6es, ferms, covmants, c»nditions or provisions lieceof by the Pmties,the pazty's only iemedy shatl be a claim for damages. 22.Neutral Autho:shiv. Each of:the p visions of,this,Ageement fias been reviewed.and negbtiated, and represents the combined wo=k product of both •perties hereto. No • presumption,or other niles of coastriuxion wliich woulil inurpret the provisioas.of tivs • Agieement in favor of or agaiast the:perties preparing the same shaU be epplicable m aonnxtion with the coffitltiction or interpretation of any of the pmvisions of this t 23.No Waiva ofEminent Domsin Power. NoUiing in this Ag rcement shall constitute;or-be cdnsaved 'as constiiudng,any(imitation upcm.the pmties or any waiver by the parties with . respecC•w its exezcise,of the power of'eminent domain in connection with the respective ProPerties• 24. Seveisbi7itv. In case any one or more of tlx provisioris contaiaed ia the A.greemefit stiall . , for any resson be beld to be iavalid, illegal or. menfom,esble in' aaY ?ospect, suct! . imalidity, illegality or unenforceabi2iry shall not etEect ady other'pmvision heraof,.aad tttis Agaeement shall be.constcved as if sucli invelid, illegal or iuienforceable provision had aever been conrained hecein.' 25<R emedies Cumvlative. Except as otherwise expressly.provided herein, the rightv.and remedies givm hersin to the pmRies shalI be dcemed cumulative, and the exercise of ane or more of such:emedies sball nobopeiate to•bar the exer ise of aay other rights reseived . to the parties vnder the pzovisioffi of tlus Agreemem: Page 6 of 21 RES.A Page 63 of 144 26::Title[riformetion. Unless otherwise nbtified tiy the State in writing,Ciry shell com ey Uu . Properly described in Exhi'bit B to tlie:S be ss fallows: State of VYashiogbon,aett 8 b9 sud mrangh tlte Weshington $tate. Ya"r s md Recrmtiou Commisaion. Ualess - othernice:tified by the City in writing,t e S shall cbnvey the Propaty descnbad in F.xhi'bit A to the City as follows: C'rip•of Aubnin,.a maaidpal oorporation. IN WI7NESS WF REOF,the pa ties heneto 2iave hereim=to subscdbed dneir uemes: STATE OF WASHINGTON C1TY O .AUB STATE PARK3&RECREATION CO ION Peta B:Lev ns Title: La iY Fa r igh, s staritDi ctoz•: 9/ y .., 3 nmm ue a n;crty c APPROVED AS TO FORM: APPROVED AS TO FORM: BYY . gy; l oiel B..Heid,CitY Y q M i M: }6.„ . n: l Pa 7of21. RES.A Page 64 of 144 E C1TY OF AUBURN ACKNUWLEDGMENT . i S'fATE OF . 1 ss. County of 1 On ddi dsy of A.D.,20 betooe me .: 1Y roo me.l own to 6e the of tbe City of Autitun that aranued dx within and foi+egoing i enf mid aalmowlodgod the said 'msfianeat to tie the fi+ee aed voluntaey`aa d deed of:'said ' cnipo oa, fo=tfie uses and purposes dtecein meittioned. and on oeth sts2ad that . vraa. mrt Orized w execute.said,ins t aod tbat ttie s l affixed the ew is the coipo e seal of.seid co po on. . In Wimess.Vhaoqf i have haeimto set my l nd aod affixed my official seal t ne day d ' . ye 5cscaboye wrimm. Nofary Public in az d for the Sta2e of Washingtan, , Residing at My n Page.8 of 2I RES.A Page 65 of 144 WASHII iGTON STATE PARKS'&RECREATION COMIYIISSION ACKNOWLEIIGMENT STATE OE WASHINGTON Co mty of TFIURSTON. TIiIS LS TO CERTffY that on tfiis day,6efone me the mdasigned Notary Pablic iii and . the State of VYa ' n,dulY oommiasionod and swoin,personally a peesed to me Imown to be t6e 1 of the'W: `'Stste Psrks and Rae+On Com issioa that exoc d the foregoiag and aclmnwledged the said insn mment to lie the fiee and volimtary act and deed of said Commission,for"the uses and puipos s thereia mertionc d,aad on slatod that vxas authori ed to execute the seid instiument: . . WTfNE§S my hand.end official seal this 1.. _'lday of,, • ,20j. " v y puctiRy'. 1 C . J.`p No Pu m sad for the Stare of Washington f' weue r 6 ,,``My w issiori expires lo.. Page 9.of2 RES.A Page 66 of 144 I 1 1 1 ' 1.1 41 Y . 1. I -i'e G/. .' - . 1 ' Ya'w. r rM . . Y c 1 l• G.. y j-;(. l . i lc. \; : iA I-I - - - i --_ . .. L:_.,_ r . '— . . _ _ _ . r . F ,_ F ,ST.. . _ yr.r..-,... I. '' r m.r 1_I j ti I 1 I p\ x 1 . (. I. 1. 4. r.:. ..I I . j i d _ %. " y' y. y` ,, 'i I` i _' _ _ .. 1 , . i A-` RES.A Page 67 of 144 j ., Ia , • i . I_I Y M o . `. I ,1 l, i e3 . iI r w . . e ._ t k , t,+ x- y,. _ a,.._ - Gt,a M 5 a.Yn L 1.,: i ' . J A . I 1 y i C l _ _ _ i .. i. j 1f cT 4,Af- y r J.. i W_ - '_ j F sl -` ; -- ' z t i I t •t .. a i`. ' - _ _ I R i i , C t li >c':it f RES.A Page 68 of 144 EXHIBIT C RECREAT[ON AND CONSERVATION OFF7GE GRANf AGREEMENT P00.1iR COIRRACt Peojcet Tttta •: • pmora f e vaem YeeJeee . -SOU . . . 1. uro o! lAts iasletinent. Te ieias. of d iLA tbts 3: Wn • I!!4 N A_ . W'aet euC'tlis teeos md eoeAlt , .:doL ot mutsa a rin9 fa ftet as or ea utaetms. e! a en[ of ieeafr +m the Oaeieer Rxresiiee ieaouae e4 1E 6men1. Fw d eR qia Stece of Yisht.rqme m a stete aqm r er besl pA ltc he r. 6vBiA tsiled tlm Contractlag'Pari.'Iq eld aT an ouLOoor'eacreaqm pes]a:e. TAe m[e.8 lry admiAilMN110 th0 a11L I3:S 0 lOtOe0ym6^J CO ICOea O a1iLQ C*m' IOO:hlNGIA C IIld MIO IptlfA y (.O It{. t..ef'-Centr ti Vai . TM's Caneraetlay Varqr 69r tee li9nsma of itf Ntf o IiG rspwe ui m Oa OM OptCe m be bowld qr tbts tussneeoatt t ay artY AyOrweO to brm. m1's 01 19.!usts Ifeatoe. 7 Itie rj es OmeraS iro Pars7r . A sae a!•1 Ce taes. Tse stq amea o!, tlm AmaTatstraaor of d s I aro ties r t+mus t ehs Mtsta0ae 7 f ItOm apeaes La be Oo d br this. ia tnmmes 7W. • m fO1m f9rT[OF YRSIIIBC70N dM of Iamve neY e ittae ter OYtaeor BavasNen a 9Z, 00 l^_.fLCm ll . I G r.4Y':l14 =`." O e a e 6_ a9t tat Oo+m Page 12 of 21 RES.A Page 69 of 144 b. .Vro.eet iertad. fA. CaRraeelnp Pset fl ll aeaa m asd ea leta taa liPeevee i oTact r ig t!a pprloC irem une 26 '. ly, oa[it Jm e 90 qS2. S. Pro au A sisted. TA e outdmr racrestlan proJaet•Oe ba asslsfed Is dm aro.st aut n t aceiig-,Far{y s a'pPUritlm to ehs tatere eey Camsitue, ' . lr0e0'Y 30 I 81. .es eoaad f0 }md{g 6y chs InOSragarcy Osmlet n mT qm . 1981+. erlle0 as follows: TO eeqaira a ImetelY t60i aerm.of wrylos eopsrt r leao tlr Oeps omen. of 6sm ' l Ourn fiems Fam. I p areA State•Ayenep fao)tal &Apst Nsstar lisL ot J teh thls pesjaet is oart: pm IAC Otraetor epPivv6d.Ats yrelact for fa liy an qioust S. 1981. • 6. t lanm WtA. t mtlax 9nlw Otlmer se a9 d 0 b weltesn foemel mstl Concraee eee a me'sheli 6e eer teA me aeaeMlip eo.tlro Olans and Orepo alr aihmi eed !p e1r mntnctiaq parer in. or le m eetlon 1U.. lts p1luLlap /er asslstms /sr tlUS OreJaa. a i of 7ro TAs toesl ass ot eee v.olaee oo.erae rr eer. CoeeiaR rs. .o:mo . '; a TAe later i tecaa aOreaf te osy! 1 0_eop _ or' 0'eant ot tAs'total PA1eet oost. d ltAsrar euut'ram . meiai awT1a01s'In tlis Oiitdoa Ra ra tim AeeeuM et'tlrc Snte femral flad. Ic) Is ddieTop. cUa 1 O Iteae 6s m Inm n aqrer mes[ rltR thp9meterot Perk feevtoe, Uetea6 ftete Oepe'Cmit o! Inmeior. . ee'mnirtlwsa fadarai teed aq Yeex ma,er.actaa Fw aa tn Me a ei of . . s er_ysreaoe.or tlro mut OroJa e aesc. ateha.er Is lap ntawy e.oietae ayraes !e oa r ts tlfs Cantractliq Rsrfr- ' tlu,faderst mee ade awttaete to tlro 6iam af Yabiptae far eAs"pr'oieee M M4 CanMOet. Page 13 of 21 RES.A Page 70 of 144 r . L Y . L'ap o g 8 g 8. 8 . g g O B g C M L 2v g s, Y, D9 ° `w ;; " g a q$B.F <,o: '9 O `.y . L. Y w , SO Mi ^ «Y'e'a dO fE$ " g . ! ypS g jf g a 5 3 s g g' a ` te g_ pH u O & s H w c i $ a, ` •• 1 b y ya vMO Y g gb YYp Lg MY Y :LyPSr O a J ' . p M ?u wp^ . B.S S g . o H.s s Mg F Qg yg } pgr s y== e s u '11:=i N 1-r L O. .H.S . ` .M 7 ti p_ 4 Y aS B .g' e,E jJ .. 8 ~ O Y 5' $^ $ e N i: .aas :s 'a a .e : g, `e$;, p Qy s N M 6 M w. W e E g O'$' gi ° g «8 ' 8 i $ $ o wi ..._! ,OII.w. a i ax gP ` e a s:$ a s r .-9'E 8"` 4 $ S LS t : o+ ';,. 8 ° 5syMs . eL s- sie °:- a. ypwCpYQ • p YA ` GipQypJy ` • O i0Y8 'L . .YF ' Y Y $• g Y r ° ` VF 1 o is a s. 3 w F ir r''' gir r s ^ a ~Z sc ' g 8 " $r a a :.a gB o P 3. _s " ' c °i 4 S o t " . e a ° s s - 4 g --s .. s;,a e » . ,;, a. a ^. •+ . ° g g , s g li '3oi88 $ .,F.3 s ^ A ' 3. S'6 $`o 's—: o N I o ia.. . N I I RES.A Page 71 of 144 14. IOestrtettm ea Cmnanim of Fuilttir to OtMr Wp. The Cancractlog Parqr he eot'at•mry t m mwert.nM P rd or ac Tiq qeiuired as do.mloyod i pmvmnt m tAta ameracs te'ucas'ocher thaa Mose for Nbteb malseones ws origimlly aopreved vidiwt tlro prfo appiwsl of tes IMera9anejr Ce letm, ln eee erv o.ava egr npr a.s.ioo ra o e :ec.e.sra ia e. +naene. o. aosa W preperty m aryuired rtSh IeitlRi're 215 Pwido. IS. We and Idlsta axe of..AssiataA Fulll . 7Se Canlracting Pa ty +'ult CC Le .KB C. W C8Y90'[O- O fO!!0.-ao0 meintetrd. the P e . faeitltlae rhieh aro qm weJaa mstter of thi4 antract as fatlaws:. tes viwmer er faet e ns stian be:m.en ere se .s m appm. at.tri tiva a Tmrltle0 Le'eM pu0lic. SenlEatlm ead mnlCery faetliNo sMfl 6a mu7 Innd ia «wMm w . MISh ayyttesele ststa eied local Alic I ea1tM1 staaQards. e1 T O+aCe h faetlitim shail 6e keyt reesmebty s fe Po pubitc me. Bntlet s. e wQs: nstls. and oeher stnrcturas aoa iwa o.eana alrll 6e loopi le roa ae 01e espsir'eMaghmt tAatr asttmsted Ilf lae. a as fs prarm t due doosNwaciw tWS rwld di wurps yubl Ic bsa. ' wur ie) fia'fscltth hait be tapt oyan iw puAlle me ec ramamhle hmn mid iiaes of tle yeer. emordtre te the c7pa of arw or faciliq. . tt) The Proyarq ar factlity shsit !e e an ter tl+e we of atl xg xnbottJmpimiJerlClimtrasuletlmlaeaaaaoftAersce. craed. aolor. aac. rollyiai. eatiaet,nrtyto ur restdenoe of eM afer.. aiar m Aa ao'bjt tlapi ac aAa11 e eport en yeeifte ttart 17. tlo Yatver IaOer Camsltlee: The' COnCnCLiqq PartY a9fmf CML - fellcro A[ar r: tae to. Ablf! upoq.tli0 ftriCt perfa wice efe Y Ieia's ef t6 s ProJees Contract or to eiroieife a ry riy6t 6osad i poa a MeecA.Maraof. or aeceppnw bp It et Pe fora e dwlaq tueh 6reseA. Yrll mt aamel4ite a rsiwr o4 aor ed in ri ts.onder q is Projxs Cunvaee. IB. IRriiro lmrken. lhe tetera neY Oo ithe rewrras t6e rlg[.!e" reqoJra Cmtr te dio0.af Qurtip tpa oerlad miard 6y Lh s" Cmeroer ad dex yrojaee omol tim. appreprlats slgin ermrkers IAenclfytri9 .. lhe wtm of q s Sute aM Fadaiol agancles partictoetlag fltinelalljr ts NIs . proJac. f9. osssurxmen ot ass ra ee.. otseursmmne of'tne aranrtMete ns i po . mda Is r ss 1 Z 40. afcer tM Wetracti B ?ertY Ma /a•'alfhad the Oim lor aueh fpfeemstten n Ae'sAoll de istedary m aMv wmptfuiee rIN apylimblo tmtutes aM ntlet and lAii CmeraeL. Page I5 of 21 RES.A Page 72 of 144 I0. Rwistmq t le on1 t 1si 1 P es. The rollwlag prartstan WII b e rea ehe Oro ect ! s aKrxt Is Por ffie aeauiflClori ..' oTautAaer raerentlm faM or heilletas, s adoll ros epp1Y whan eha Oro}xt ts fa davalapment only: e) m eee erme rsderet Lene aeA +mmr can.ermtm wnas .re Inc udoe ta'tAis prejst per Sactim .Ie) of tAis Cmiraet.'the Contraettnq Parh prepy to cdeply rttb sks taems and t t of tlm Yni/eem Ralacatien Asiistanea r+d Haal Propvcy peqat iNaa PbTleies Ace af"19 0, 84 Scae. 1H90 (1970) =Fablte Lar,yl-646 asl dm a pll le'eayolaslms md ptaeadueas o( dm popart nt of the 6Kerlor taqrlamnetl g'wdr aei. b) In iAs erent stau fwds onlr are included [a tAfa yrojaet.per feceioc ).R) o! ehis Cenerxt. tM teneractl Part r'ayraa to aaem)r rith His ae'ms aad i rcm c of ilnT/wo Retaeatim Antstancs aua Red Praye'ity Rea isltion • Poliq M tla SnM of Yashfeqeen (Chaptir n4pp. Laa o1 1971. liL Ex. Eass. - B.C.Y. B.ffi.QIQI. a) e ehe a+bnc thes MusTey md reteceetan wses. a emtu lacad M 4ederat !mr (P.L. 9 1 and ssate tar (CMpter'200, Lars of t971. •ISC. Ya. Sasa.). ara 9malvra -ta tEe.moeouttm af e6is proj es; fes Cnauaetiup Perer e9rces m oeoride aay atey aed.ralatstiae essiataeee thst may M aatmtary ard rlll a iums tfie a talstrat(ve eeses. witb tla uManteMley q st tlis ecWal• altplble relorattan aoit i11 6s a'parC ot tAe toul yrsjaes ewG d) Evidanae ef Lend 1MIm. iriar:m d e ef tAa wsisWro pewlQed:ter n s vaet, traetiay Parq lt snPP 7 erldenee asta011sAfrg pp qm eetl factlm o/ the CTraetx [Mt Me faatl aeqoiflLim eest ra ais a fair aN reiseiiOfe Prioe for ti e laad In auasLion. e) didmroe of Tltla. lAS Contractliq.Party sl all ba rasoaptbie Por . vrovtdi acls soearp tar of elete fer esNip pbreaf yrlar ts dishu se ent d/=/uMa yrerided'b r this Centreet. Sutl avide iea'm r teelude titie iemrmsa ' polieto. Tmrens e tificatas.;or alstraca, mW sEmrney's oyisiaen saWliMiag tlrot t!a laad is feae fem aey impadioeae. Ilen. or il tm M tW rou10 Ia eir tle mm m ea latad 4! MI's Caniraet. n of nt TO LaM For voblieaeereetrm Nr . .Ths . . Wntraetinp Parw aqreas co.axeata an nscr ent or nate sner sate . . s a gei Anerlptim M tlie yrapar.t r'ao tired,u er this Projeet Controel; a aemoyaeee ro tM ftate ef Wshinqms M th6'rl t m oea.tlro ds eribad • rosl y a0e ly fenera Per mtidoer,e+servaelnR P Pa s. ad tl) a nstrletien an . eanarstm ef ine sf tlr Im d lo eAs ar orsvid'ed iw RW 0;.99.IOD. whntuv - rot tAe rosl Orope q aevmred bjr pm deed Is m`sriae ra'atlae land'. Rflf 2.99J00 eeeds n follaoc ' 9hrim roere tlan imd rleh rmpees M.d teA omey Ms Oaen e eMaa uoQer RGI Oj..OBO fAell eot. ntth0ut Ms eWrwal of tle eoolttes. 6e mme?ted to wes oNv than tAma /w i feb md as0 d tores rro% ariqtrotlr app pt,Q. lAe o'pmmittee almll mly ap eora mq wefi wn- slm upen emAlLlaa r41e1 111 aime Me u6ailMtim d etbar mxiae roerontten laM o t' Imsi qusl falr rlost wliro t. sAs elms ' ef mrvanlon aad d as naerty ss fasslble e rivalant usefvinesa a d• loeeeion.•' S Page 16 of 21 RES.A Page 73 of 144 21. Prav siam a ttitne o t,a,. o nmreieomant vrojeen. Tns fot artnpov{rlaa sns oe.n eorce,r s m prcUseL awerep sy cnis Cautreet Is fer QOrO1Wm0iK oP W oOI Kcroattoo tan0 w fxilitlOS• an6 gAS11 a0t ap yly idiee ths oro3ece ts for sep sietm a+lr: 0) Cmpl.la rca rltR ths La r. The Candacllny Parq ahsll aa ly lM a11 las md eayu sttan applTab e to itm devel t Orojeet aa0 m Cant'ets . . tar ork dons te urry tt auc. e) e.ea lmne .rsvmenss. nss seseee d•evraae er rhr. r,eMroee fo. derelap oc o `w.csm m sne Contr+ettag arry a f ntstlments: efter raoelpt ef billings. W uyen'tetlsPactory yipp},of oompletian of mN stbge oF semeUon er mw apmec.• l,,aw lmens.oqmmcs shat rn no aveuc ee w0e more (rapian ly then aarcAly: , M amont eqoet ts'10 pereast ef tlie iwidl asalstm ee pravidad tM Ceetraetleq Partp.by thls Conteact for eTlq(ble de elao-• mm t wsts ms. he riMMld imcll fiail Iiiso¢tlm aad eartlfTea;lea e1 pirojaet COeiplOtles ls meda 6y tlm In'tee y Cmoittm. td W eraets fw ionsi uettea_ iontreep tor eenscraecton heti 6a mmded e Vroeaas. Cm4at s o bt t g tf'apulre0 OY suen imr. Im o1 sll bids m d iirYu's ai i0ad sAs11 be wOmt[ced u [lie IAL. YAiro:atl bida are wbs[anilally In mmms ot proJeet eatlompn. eho .. plraeter asl..6l' noLlw In rrcltim, smPwd eho Vrolact md mfe•tlro matosr to dq Interaqeney•Ca t[Oee tor dstarminsien ef ynrooriam aeNan, Mleh maY tuetai taemlmet ef asststanee fer envnlopmnt ot ehe ProJaet. d) _e raet Qmnge Cidar. A ry ch gs erden aAs11 !e . lo ittag aua rs m . e) Iba lsertaltitioe Clausei. _.FxuOt fAers s midlserlminsUae elaoie . ra traA by,qr tatm r t of IrKarior Is usee, Lfe Controetlaq Psrty'Mell [rqa t the folltiriiig iieiMiierl ninptlan cleuce in sxb Cait'ncs fer mmtnrtlm of ehls'proj et: Du inp tlm Osrformonen ef,.this Cont aets tlr Cmtraetor qress.as totleiis: . t) °ne coner«m a t .00s els rtalaa +gr ass +u .ytoyee os ap i mni .. • • . . aVleymaex ber u'se'uf e. eroad. eefor. smc. ot o tteaiol . arlgln. She Coetraeter.riil• telm.affi iire actlm to mmire q ot . p l Icante aia ae0tqad,'md dmt iqea are trestad durlig a lrymnt. rltlqnt rag M m thelt ate.. eRSd. mlor. psilaml oclglp. SueA xLlan.alrll Imlade. !ut mt ha Itmited'm.'qr ' - • follarJag: e 1 i. upqra0Tn0.'daoetTw ar trmsfar:'eerult- . ' aent e racrul ent Wveritsiey; I yef/or urmi timi rates oi pa or other fo o!.'w enmtlani and.sleetiai for t slntng. ' ta[ladiip ayp entice lp. Thn Contraemr u am pa past '!nu easVte eua vlaoas:matla6/e to teye a'aM_apvlle.st for D Wmat.notlw N 6e yrovTded W Me omPOCtllg Offlear attl fortA che p ovlsTons of ehls roedtserlmt"oKiee elma. ro 6 Page 17 of 2i RES.A Page 74 of 144 M' Ua TM Caava eor rttl te'sl w tattaetm ee.Y.o cta meo- W e 1oy aldcad bp ar m m4it.f ot tlie Cm'pacmr. stite Wi alt - . qwilfidd'a pffemb t11 ramWs oms{darsslm toramlaymmit..' t t r eM.m raea.'eroad. boler. fet, er aaeimfl origin. 7M CanVaeEer;rlil.fmid Le asde labo aeloa or ea eeranietire oP erters irith rhi b M An.a oollaett s 6irOclaTnO:a9raement • MI' Caetraet e deesdMtao, e not100. W 60 O wldeA Og :Aa a Nry aent'aeel q q}fioer. adii[si g d s ssld lsbor fen et aleri'roP^m atfre ot fbe Cant aeLOr's aami0omts wder d tt'iaestm. aq aNli oase ee im et tlQ noeics tn emupiweui 0 riaitaDle.te tdjeds aW.a ltunta,fw amplormmt. fhs Oootractor'dfl. Inelade.tAa Pro bfOas Of i6a fwagol . ona pla in eirary ribsa4vaet meaad eB 110,000.w tlist au piait lon.rtn es•e eel a apm a es aod a naoeeor or : Mmder. Tm Cemtr ebor r111 .W a sr b sctim d W raa0aet to ap aemavaee ar ow'sq'sa adsr a tle IMarpqsr Lo lson o'w dlraCt q oienu Oi'aelorcluo Weh pnsvlsl0ns. IoCliWley t rcelWM Ilor aeeeamPnmdo`s: Pi+stiaa. lorener. qrot In dm evans tae Oeafiioeto baames'tmrotrpd ia, ar I W aaLemd rltA. fltiyatTm rlth wbeaefncoor dr va der'aa a ilt ef wdi dtraetlan e. 1 'RIIVaCtI 9 i Y. OOAMCt01' iM flqlMfi tlie SLSe M 14d1 qem Oe mOr lsOS saeh lltfystim fs peetaet Ib lueer»t° 2..TUIs naaet 6a mty fa rrI[tay st ea sy 00{A tU0 . . Illi RlTry aCQ.Lhs Ole'OGOOS O! tl e fOLs 11C r CwOILDCa. 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RECREATION AND CONSE1iVATION OFFIGE DEED OF RIGHT 4. m: d e.nd m.m..i+,e w.w:...r,amia:ar s.'.ar m.tielae amaes tBean.a eerowi.`amui..e v.s m m wmenWqemmsw+d:1j oe a earmeoshm ar Ne er o m.at teo ftaow.' tle ripK m aM fJ/Yi'p q dRrIM Oiliar falsq 1tr mdow,mwflos •WeOme lsxl6d 4'fb AsJ prflYt afe A IaOS Ye dr frrmer's!OS • . f°v 1bo tlr Im e f tetr'Ilir Oiemor.4aetiv wets tl. ' . . hq[II v tY I!ifr R Oer m tl e a ''ti.I ev[o a/8t dp'o! y . e 6 Al a Yi m Nte ri Clrmr w" ' ih M or M71 is o4 w V e 1»rs'N w M M ra! qrq r11r1MWlml.RMPOY[d i0.6k! la Isa luesrtmir rtpa.ees/s"pWt c . aoLlO fRemrls RY'le me 7 W W pib tll llr e[Mp 01'O W kr memeor 4w[fa s lp ... w ofen.emro es t!s to i e ma.Atrd.as:e[.WI7::0 O M il7 ImO Ll lmi iOk W Il eoii IRa[et6V ailVm/1'sl'atlm _ • ..1a d'u tee W 44.ar wl u n.e`.ds.ef e aw.o/w ra af t amrywfrYW41IewWniiqyIatMsWe0iAbllewtlmeq'M . rM mb m1Ymo i.OMlrl l.yyqM W Il 0 YCtser h W rA/rs 1RIW Is'4tl V.S.Im IR mAS,/C lee t l.Ovl s e[ Oa sl'p q' • . .. . miw a mn a..a 6 le:..iri ua .a.' mr'v.s.m rrM o te ea. 1Mts o7Rla Im0 dm f Wae m eltl iY ip Op•yq MM iv ml 7..000 iosll mt.W[Owl pr prsd ' r.e.e.., r m..se m w:em:.m m:ro 4kY mdl emediMa r'oryWllY!YO eYd. 1d a lei uslt mh wvm a ra m.n o nv etetm.n •MII mlPa lltoelm a/KMi INh1 fmsClm id Of 4 Iwe mN htr mrN qIw a ms etm d mv4m rr A s a rtT e/m1Na ePlval6s mAolAfi 0 tmailas 7 t ao+w l hP mh 4tl I brA4d r 1b11m t Yt A1!IIDiT!1 ni.m w r.o..r meur..aeuywm w nnivais ar ee.vrmr.d r w hdms. ImR01iy Or W'./Yroelm aa N rr rrmtle Ib.IWeatarc e P!w t6.d tlr uOlst faarfee.: Oeml t61 ' 77u' s..at Om6 1 ' r t• fmt a Na mnq omen m i.r.aj a. Alf Is m CRTI/P m d r m1a 4dr m tl wie r- . . l 0 bY.Mbf16 b 00 hR d b[mlaskird!ed mro. N9e f If wrwl / ao s W'+ar11Y Mww m 6 ps Ct Id y fl y 11 OI iC'd. Ym pGlr rq r W1 O% w'.+aWr m m ama nie w.a:a.o wm tlea e nrtma ri'..i...of tab r nrei:d e ar ltkm M..s m..'tttu, e1 qa6ialW.eoIllW t . , m P- r,-vr Pege 20 of.zl RES.A Page 77 of 144 4' • R. 1 7. a r.n mu aa.e-ea ar niyx.fs oPton.Rr..a arwb17N.L7,1dM'!T'O ml'.'ldh0 fi'l imxleb6ad7.N0 tis R f af ine 94.aM Yowrmlet 1st.17: .a c m.s m w ar.e ee n, ! bIpr far O vCems M rR!7pmilleY Ib.'%A4: fi f! 141..4 9ltilm 8 7yr 1D tl lb:IhmOa!'Wt.O..i rmlo te f!0 GomO et N1!0.bb a/OmlejEm, t PegC 21 Of 21 RES.A Page 78 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4943 Date: May 14, 2013 Department: Finance Attachments: Resolution No. 4943 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4943. Background Summary: Review and discuss Redflex first amendment draft to extend the Agreement to May 31, 2014. O1.8.5 Reviewed by Council Committees: Municipal Services, Public Works Councilmember:Peloza Staff:Coleman Meeting Date:May 20, 2013 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 79 of 144 RESOLUTION NO. 4 9 4 3 A RESOWTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF AUBURN AND REDFLEX TRAFFIC SYSTEMS, INC. WHEREAS, the City of Aubum and Redflex Traffic Systems, Inc. (Redflex) entered irrto an Agreement on December 16, 2005, for photo red light and mobile speed enforcement, adopted by Resolution No. 3949; and WHEREAS, the Agreement between the City and Redflex expires on May 31,2013; and WHEREAS, the parties would like to extend the Agreement to May 31, 2014. NOW, THEREFORE, THE CITY COUNCIL OF THE C TY OF AUBURN, KING C UNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Aubum City Clerk are hereby authorized to execute an amendment to the Agreement between the City of Aubum and Redflex Traffic Systems, Inc. dated December 16, 2005, which amendment shall be in substantial conformity with the First Amendment to Agreemerrt attached hereto 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 Resolution No. 4943 April 23, 2013 Page 1 of 2 RES.C Page 80 of 144 this legislation. Section 3: This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OF AUBURN FETER B. LEINIS MAYOR ATTEST:; Danielle E: Daskam, City Clerk APP OVE S TO FOR • aniel B. ` , ity Attome Resolution No.4943 ipril 23, 2p13 Page 2 of 2 RES.C Page 81 of 144 EX IIBIT A RES.C Page 82 of 144 FIRST AMENDMENT TO AGREEMENT BETWEEPI THE CITY OF AUBURN, WA. AND REDFLEX TRAFFIC SYSTEMS, INC. RELATING TO PHOTO SPEED AND PHOTO RED LIGHT ENFORCEMENT This First Amendment to the Agreemert is made this_day of 2013 (the Effective Date'by and between Redflex Traffic Systems, Inc. with otfices at 23751 N. 23'"Ave.#150, Phoenbc, AZ 85085 (°RedBex', and{he City of Auburn,WA, 25 West Main Street,Auburn,WA 98001 (the"City") (Redflex and the City are coitectiyely referred to as the°Parfies7. RECITALS A. Thfs first Amendment is entered irrta pursuant to Aubum Cily Council authodzation. B. On December16, 2005 the City and Redflex errtered An Agreement i between The City of Aubum,WA and Redflex T c Systems, Inc. relating I To Photo Speed and Photo Red Light Enforcement(the" December 16, 2005 AgreemenY7, by which, generally, RedBex provided the City with a set of digital 4raffic enforcemerit cameras and related services, in retum for the City's paymerd in accordance with the paymerit provisions of the Agreement. On April 13, 2006 fhe Parties entered Addendum Plo. 1. The December 18, 2005 Agreement and Addendum No. 1 are collectively referred to as the"P qreemeM". The term of the P qreement expires on May 31, 2013. j C. Redflex has exdusive knowtedge, possession and ownership of certain equipmeM, licenses, and appflcations relaUed to digttal photo red Gght and digikal spaed enforcement systems. D. The Cfty desires to engage the services of Redflex to provide certain equipmant, processes and back office services so that Aufhorized Employees of the City are able to monkor, identify and enforce speed and red IlgfiYrunning violations. E_ It isa mutual objecUve of both Redflex and the City to r educe the incidence of vehide coUisions on the streets and at the intersectlons that are monitored pursuant to this First Amendment. TERMS AND CONDITION8 Redflex and the City agree as foilows: 1. INCORPORATION BY REFERENCE. This First Amendment incorporates by reference aii terms ancl oondipons set forth In the Agreemerrt Unless expressly modified by this First Amendment, the terms of the AgreemeM and Addendum No.. 1 remain in fuii force and effect. Amendment—Auburn,WA RES.C Page 83 of 144 2. TERM OF,FIRST AMENDMEN7. The term of the First Amendment ahail be from the Effective Date ofthis Firsf Amendment to May 31, 2014. 3. NOTICES. NOTICES TO REDFLEX: Redflex Traffic Systems, Inc. 23751 N. 23nd Ave.,#150 PHoen(x,AZ 85085 Atterttion:AccourttManagemenf Facsimile: (623) 207-5552 NOTICES TO THE GITY: City of Aubum With a copy to: 25 West.Main Sfreet City of Autium Aubum, WA 98001 25'West Main Street Attentiori:William Pierson Aubum;WA 98001 Facsimite: (253) 931-5108 Atten#ion; C(ty Attomey Facsimile: (253) 931-5108 I 4. EPlTTIRE AG#2EEMENT. This First Amendment together with the/\qreement i comprises the errtire iritegrated understanding between the City oPAubum and Redflex c;oncemmg the senric;es described 'm the P qreement and this First Amendment. IN WITNESS WHEREOF, the parties have duly executed this Agreement the day and year first abo.ve written. i i I CITY OF AUBURN: CONTRACTOR: l —I Signature) ffic Syslems, Inc. Naiiie and rHe) Name and Title) j APPROVED AS TO FORM: I Signature) i Name artd Tifle) I Amendment—Auburn,WA I RES.C Page 84 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4944 Date: May 14, 2013 Department: Police Attachments: Resolution No. 4944 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4944. Background Summary: The Police Department has determined that Canine Bodi has reached the end of a reasonable service period and the property status of said canine should be surplussed and should be sold consistent with the understanding and practice between the City and Canine Handlers to Auburn City Police Officer Samuel Betz for the amount of one dollar and no/100 ($1.00). F4.3 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Lee Meeting Date:May 20, 2013 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 85 of 144 RESOLUTION NO. 4 9 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CONVERSION TO, AND SALE OF AUBURN POLICE CANINE BODI AS SURPLUS PROPERTY OF THE CITY OFAUBURN WMEREAS, City ofi Aubum Police Canine Officer Samuel Betz has been promoted to Sergeant; and WHEREAS, the City of Aubum Police Department has evaluated Officer Betz's Police Service Dog, Bodi, and has determined that it is best to retire 4he dog instead of trying to train the dog to a new officer; and WHEREAS, Sergeant Betz has expressed the desire to acquire sole and exclusive ownership of Bodi; and WHEREAS, there is an understanding beiween Canine Handling Officers and the City of Aubum that at the conclusion of a Police Service Dog's usefulness, the City will sell the Police Service Dog to its Canine Handling Officer and his or her family for the sum of one dollar and no/100 ($1.00). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, FiEREBY RESOLVES AS FOLLOWS: Saction 1. The City of Aubum has determined that Canine Bodi has reached the end of a reasonable service p.eriod and therefore determined that the properry status of said canine should be surplussed and should be sold consistenY with the understanding and practice between the City and Canine Handlers, to Aubum City Police Offcer Samuel Betz for the amount of one dollar Resolution No.4944 April 24,2013 Page 1 of 2RES.D Page 86 of 144 and no/100 ($1.00) upon execution of the sale and waiver agreemeM as described in Exhibit A attached hereto and incorporated herein by this reference. Section 2. The Mayor is authorized to implement such administrative p"rocedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. CITY OF AUBURN Pete B. Lewis Mayor ATTEST: Danielle E. Daskam City Glerk APPRO D AS TO FORM: D iel B. 'Hei CityAttomey Resolution No. 4944 April 24, 2013 Page 2 of 2RES.D Page 87 of 144 SALE AND HOLD HARMLESS AGREEMENT THIS AGREEMENT is entered into this_day of 2013, by and between the City of Aubum, its agents, employees and assigns (hereinafter referred to as the "City") and Samuel Be (hereinafter referred to as Sergeant Be), his heirs and assigns. Police Canine Bodi, having come to the end of his service duty, may be purchased by his handler, Sergeant Be, for the sum of one dollar and no/100 ($1.00). Sergeant Betz seeks to purchase Bodi under the terms of this Agreement and the City seeks to relieve itself of ownership of Bodi and any potential exposure to additional costs and/or other issues that may arise during the remainder of Bodi's life. Sergearrt Betr acknowledges and agrees that the City has no basis upon which to render any warcanty or guararrtee regarding Bodi's suitability for non-law enforcemeM activities, including suitability as a traditional pet or suitability for any particular purpose, and accordingly 4he city offers no warrant orguarantee and disclaims any warranty in law or equity that might otherwise accompany a sale. Sergeant Betz voluntarily accepts these canditions and disclaimers. For sufficient consideration, including Sergeant Be's payment under the tertns of thisAgreement and the City's agreement to sell Bodi in lieu of other means of disposal and for other consideraUon as set forth in this agreement, Sergeant Betz agrees to release, acquit and forever discharge the City of and finm any and all actions, claims, demands, claims for attomey's fees orother claims of any variety on account of or in any way arising out of Sergeant Betz's ownership of Bodi. Sergeant Befz spec cally acknowledges that the sale of B.odi is as is" that the City has not agreed to provide any f rther care or treatment for Bodi as a condition of sale, and agrees that he will not make any claim against the City after the sale for anything associated with Bodi's medical or other needs or conditions, whether those needs and conditions occurred prior to or after this sale. Sergeant Betr agrees that Bodi is solety his property and that he bears full responsibility forBodi s care, behavior and actions from the time of purchase forvvard. Bysigning this Agreement, Sergeant Befz acknowledges that he has executed this Agreement of his own ftee will and is a voluntary act. Sergeant Samuel Be, Purchaser By: Bob Lee, Chief of Police On behalf of the City of Aubum RES.D Page 88 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4945 Date: May 14, 2013 Department: Finance Attachments: Resolution No. 4945 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4945. Background Summary: The City’s Airport is in need of a mid-term update of the 2000-2020 Airport Master Plan (AMP) which will allow the City the opportunity to look at improvements to ensure the airport is in compliance with FAA standards, review aircraft population and forecast airport capacity, and update the Airport Layout Plan (ALP). The cost to update the AMP is estimated to total $225,000.00, funding for which will come from the FAA, the Washington State Department of Transportation (grant), and the City of Auburn. In 2012, the City applied for the FAA grant via Resolution No. 4815. An FAA grant in the amount of $202,500.00 was awarded to the City of Auburn on September 4, 2012. This request is to apply for, and accept, the proposed award of $6,000.00 from the Washington State Department of Transportation (WSDOT), Aviation Division. Requested state funding is based upon 5.0% of the anticipated expenditures for the master plan update ($120,000.00) from July 1, 2013 through completion date of February 2014 as the State funding cycle for the current state fiscal period is closed. Funding will be as follows: Airport Master Plan Update Sources of Funding: Federal Funds (FAA) received in 2012 $202,500.00 State Funds (WSDOT) this resolution $6,000.00 AUBURN * MORE THAN YOU IMAGINEDRES.E Page 89 of 144 Local Funds (Airport Fund #435) $16,500.00 Total $225,000.00 * Based upon 5.0% of $120,000.00, which is the amount anticipated to be spent starting July 1, 2013 coinciding with the new State funding cycle. F5.2.15 Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Coleman Meeting Date:May 20, 2013 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 90 of 144 RESOLUTION NO. 4945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CITY TO APPLY FOR, AND IF AWARDED, TO ACCEPT STATE GRANT FUNDS IN THE AMOUNT OF $6,000.00 FROM THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION AVIATION DIVISION TO UPDATE THE 2000-2020 AIRPORT MASTER PLAN AND AUTHORIZING THE EXECUTION OF THE GRANT AGREEMENT THEREFOR WHEREAS, the Aubum Municipal Airport is in need of a mid-term update to the 2000-2020 Airport Master Plan at a total cost of $225,000.00 in order to ensure 4he airport is in compliance with FAA standards; and WHEREAS, the City of Aubum has already applied for, and has been awarded the Federal Aviation Administration grant per Resolution No. 4815 in the amouM of Two Hundred Two Thousand and Five Hundred Dollars 202,500.00), representing funds to be used towards preparing the update to fhe Airport Master Plan as specified above; and WHEREAS, the City of Auburn will submit to the Washington State Department of Transportation (VNSDO a request for state grant funds in the amount of Six Thousand Dollars ($6,000.00) or 5.0% of the cost of the project to be spent in the new State funding cycle which begins July 1, 2013, representing funds to be used towards preparing the update to the Airport Master Plan as spec ed above; and WHEREAS, the City of Auburn has available and is willing to provide the remaining amount up to Sixteen Thousand Five Hundred Dollars ($16,500.00) needed asthe City's local match; and Resolution No. 4945 Aprif29, 2013 Page 1 of 3RES.E Page 91 of 144 WHEREAS, by virtue of this Resolution the City Council has expressed its statement of support of this project. NOW, THEREfORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASMINGTON HEREBY RESOLVE3AS FOLLOWS: Section 1. Purpose. The Aubum City Council does hereby express its statement of support for the mid-term update of the Aubum Municipal Airport Master Plan. The Aubum City Council does hereby authorize the City's expenditure of Sixteen Thousand Five Hundred Dollars ($16,500.00) needed to complete this Project. The Mayor of the City of Aubum is hereby authorized to apply for the Washington State Department of Transporta6on, Aviation Division grant, and to accept this grant should it be awarded to the City of Aubum. Section 2. Implementation. The Mayor of the City of Aubum is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this resolution. Section 3. Effective Date. This Resolution shall take effed and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF 2013. CITY OFAUBURN PETER B. LEWIS, MAYOR Resolution No. 4945 April 29, 2013 Page 2 of 3 RES.E Page 92 of 144 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attomey Resolution No.4945 April 29, 2013 Page 3 of 3RES.E Page 93 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4950 Date: May 14, 2013 Department: Public Works Attachments: Resolution No. 4950 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4950. Background Summary: EQUIPMENT RENTAL DIVISION: The following police patrol vehicle was in an accident on April 11, 2013 and has been declared a total loss: P035H – 2008 Ford Crown Victoria – VIN: 2FAFP71V38X160191 Fixed Asset No. 55000 P035H F4.3 Reviewed by Council Committees: Finance, Public Works Councilmember:Wagner Staff:Dowdy Meeting Date:May 20, 2013 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 94 of 144 RESOLUTION NO. 4 9 5 0 A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AUBURN, WASHINGTON DECLARING CERTAIN ITEMS OF PROPERTY AS SURPLUS AND AUTHORIZING THEIR DISPOSAL WHEREAS, the City of Aubum Public Worics Department has an item which is no longer of use to the City; and WHEREAS, it would be appropriate to surplus the property and dispose of it by auction or other sale mechanism, or to dispose of it, in whole or in part, through gift to another goveminental agency or an appropriate charitable non- profd entity, as deemed most expedient by the Mayor. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON HEREBY RESOLVES as follows: Section 1. Purpose. That the property identfied below is declared to be surplus, and the Mayor is authorized to dispose of and convey such property through appropriate sale or donation to another governmental agency or charitable non-profit entity. P_ublic-Works Deoartrnent EQUIPMENT RENTAL DIVISION: The following vehicle was in an accident on April 11, 2013 has been declared a total loss and a seftlement has been reached: P035FI —2U08 Ford Crown Vctoria—VIN: 2FAFP71 V38X160191 Fixed Asset No. 55000 P035H Resolution No.495D May 8, 2013 Fage 1 of 2 RES.F Page 95 of 144 Section 2. Implementation. That the Mayor is authorized to imptement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Effective Date. That this Resolution shall take effect and be in fuil force upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OF AUBURN PETER B. LEWIS ATTEST: MAYOR Danielle E. Daskam, City Clerk AP E S O O iel B. Heid, Attomey J Resolution No. 4950 May 8, 2013 Page 2 of2 RES.F Page 96 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4952 Date: May 14, 2013 Department: Planning and Development Attachments: Map of KC Levee Project Agenda Bill Resolution No. 4952 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4952. Background Summary: See attached. A1.3, A3.13.2 Reviewed by Council Committees: Planning And Community Development, Public Works Other: Legal, Parks Councilmember:Backus Staff:Tate Meeting Date:May 20, 2013 Item Number:RES.G AUBURN * MORE THAN YOU IMAGINEDRES.G Page 97 of 144 Proposed Construction Easement for Tacoma Water 2nd Supply Pipeline Tacoma Water Supply Pipeline No. 5 Easement BPA Easement Brannan Park Brannan Park Stormwater Pump Station 30th Street NE 26th Street NE 37th Street NE Auburn Municipal Airport Isaac Evans Park Auburn Regional Golf Course Auburn 40 Plat (Monterey Park Dev.) La b r a d o r Pr o p e r t y River Mobile Estates City of Auburn Property (former Crista Property) Riverpointe Development Riverpark Estates Development Trail Run Plat (River Sand Dev.) Port of Seattle Wetland Mitigation Site Gre e n R i v e r R o a d S E Gr e e n R i v e r R o a d S E RM 29.5RM 29.5 RM 28.5RM 28.5 RM 28.0RM 28.0 RM 27.5RM 27.5 RM 29.0RM 29.0 G r e e n R i v e r G r e e n R i v e r Gree n R i v e r Gree n R i v e r Gr e e n R i v e r Gr e e n R i v e r M S t r e e t N E C S t r e e t N E Au b r u n W a y N . A u b r u n W a y N . EXISTING LEVEE PROPOSED LEVEE ALIGNMENTWestport Capital Property PROPOSED LEVEE Levee Footprint Levee Crest 500’500’0 Legend Minor Contours - 2 foot River Mile Marker and Number Parcel Boundaries Utility Easements Railroad Major Contours - 10 foot 5.1 MR Edge of Pavement Structures Edge of Water Maintenance Access Zone Reddington Levee Setback and Extension PROPOSED LEVEE ALIGNMENT 13 5 - 1 2 5 3 9 - 1 0 0 0 1 - 0 6 / F i g 3 - 1 _ F I N A L _ B a s e M a p a n d P r o p o s e d A l i g n m e n t . a i R e v i d e d f i l e n a m e : 1 2 0 4 _ 2 4 6 0 m _ R e d d i n g t o n R e v 3 _ C S 4 . a i RES.G Page 98 of 144 AGENDA BILL APPROVAL FORM Agenda Subject Resolution No. 4952 to release existing and establish new power facility easements on four city properties necessary for the King County Reddington Levee Project Date: May 14, 2013 Department: Planning and Development Attachments: Resolution No. 4952 Res. Exhibit A – New Easement and legal descriptions (to be provided) Res. Exhibit B – Easement Release document (to be provided) Map of KC Levee Project Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 4952, to release existing and establish new power facility easements on four city properties necessary for the King County Reddington Levee Project History/background At the January 14, 2013 PCD Committee meeting and at the January 22, 2013 Public Works Committee meeting, staff of the City Legal, Parks, Public Works, and Planning Departments provided a general briefing on the King County Flood District’s Reddington Levee Setback and Extension Project (Levee Project) and the various city actions/approvals related to this County project. The project is a flood protection project along the left (west) side of the Green River. The city council at their February 19, 2013 meeting approved the related actions of: * Resolution No. 4900 – Surplusing Storm Utility-owned property * Resolution No. 4901 – Purchase and Sales Agreement between City and River Mobile Home Park * Resolution No. 4905 – Approval of an Interlocal Agreement for conveyance of easements on 4 city properties for construction of Reddington Levee The Levee Project was originally identified as consisting of two phases; proceeding from south to north. However, in response to federal Army Corps of Engineers permit process requirements, the first phase was further divided into two parts; based on the relationship to the existing levee; it is divided according to the portion that is a “setback” of the existing levee (replacement) and the portion that is a “extension” of the levee (new). With the revision of the project to three phases, the southern first phase planned for 2013 consists of levee setback extending from 26th ST NE (Brannan Park, Parcel # 000100-0081) north of the north boundary of River Mobile Estates Mobile Home Park (3611 I ST NE, parcel # 062105-9002). The second phase planned for year 2016 consists of levee extension from the north end of the first phase, north to the north boundary of the Auburn 40 plat (a.k.a. Monterey Park , Parcel # 030140-2420). The third phase consists of levee extension from the north end of Phase 2, north to S. 277th ST (Parcel # 866915-0810). Construction funding is only secured for the first two phases and funding and timing of third phase is currently unknown. Proposal Puget Sound Energy (PSE) currently has electrical lines that mainly parallel the Green River and are mainly underground within a portion of the Phase 1 Reddington Levee project area. The lines extend from the NE corner of the City’s Brannan Park to the SE corner of the River Estates Mobile Home Park; or slightly less than the full extent of Phase I of the levee project. With the westward relocation of the flood protection levee by King County, the electrical lines also need to relocate westward to be moved out of RES.G Page 99 of 144 Agenda Subject: Resolution No. 4952 Release and Establsihment of Puget Sound Energy Easements for King County Reddington Levee Project Date: May 14, 2013 the way of the construction and excavation of the levee project and to be landward of the future levee for protection from river migration. The City was more recently made aware of PSE’s need to relocate their electrical lines that affect four city-owned parcels as follows: - Brannan Park - Parcel # 000100-0081 - City storm utility-owned bioswale property - Parcel # 733800-1230 (Dedicated Tract from River Park Estates Plat) - Riverpoint Park, Tract D - Parcel # 733822-1190 - City storm utility-owned Property - Parcel # 000400-0098 (former Crista Ministries Parcel) PSE and King County Flood Control District have worked together and coordinated on the design of their respective facilities and PSE seeks to be able to install the new electrical lines prior to King County’s contractor beginning construction of the Levee Project; so time is of the essence. It is proposed that the existing underground electrical lines would be abandoned in place until King County’s Levee contractor removes them during the construction of the Levee. The proposed location of the new underground electrical lines and easements on the four city parcels is proposed mainly within the toe of the west slope of the trapezoidal levee. Within the toe of the levee, the electrical easement would overlap with the easement being granted by the city to King County for the Levee project. The electrical easement would not be coincident with the levee easements within the NE corner of Brannan Park in the vicinity of the City’s storm water pump station. As part of this proposal, PSE is seeking to release the existing easements, in exchange for the grant of new easements (five feet in width) through the four City of Auburn properties. Some of the existing easements date from 1924 prior to the city’s ownership of the parcels and could benefit from greater accuracy and “modernization”. Next Steps City staff is currently working on the review of the provisions of the easement to ensure appropriateness and checking accuracy of the legal descriptions. Due to the fact that the city has not received and reviewed all of the information on the existing and proposed easements, but in order to keep the approvals moving in order to allow PSE to complete construction in advance of King County’s levee construction that has a particular limited timeframe for in-water work based on reducing/avoiding impacts to fish species, staff is requesting that the city council authorize Resolution No. 4952 with the understanding that the Exhibits to the Resolution will be executed only after provision and city review of the easements exhibits. Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & D Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Wagner Staff: Tate Meeting Date: May 20, 2013 Item Number: RES.G Page 100 of 144 RESOLUTION NO. 4 9 5 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT THE RELEASE OF EXISTING EASEMENTS AND GRANT REPLACEMENT EASEMENTS TO PUGET SOUND ENERGY INC. ON FOUR CITY PROPERTIES TO FACILITATE THE KING COUNTY REDDINGTON LEVEE PROJECT WHEREAS, the King Counry Flood Control Zone District ("DistricY') and King County ("County") are each authorized to provide flood control improvements and flood protection services throughout the geographic area of King County; and WHEREAS, the District and County are proposing the Reddington Levee Extension and Setback Project ("Reddington Levee Project") fo address significant flood risks to people, prbperty and infrastructure within the City of Aubum ("City") and assist the Ciry in providing important flood protection measures to its citizens; and WHEREAS, the City owns four pieces of real property identfied as King County Tau parcel Number 000100-0081, ("Brannan Park"); Parcel Number 733800-1230 ("River Park Estates Bioswale Trad"); Parcel Number 733822- 1190, ("Riverpoint Park"); and Parcel Number 000400-0098, ("former Grista Ministries Parcel") in which the District is acquiring interests to allow for the construction, operation and maintenance of the Reddington Levee Project; and Resolution No. 4952 May14, 2013 Page 1 RES.G Page 101 of 144 WHEREAS, the City, the County, and the District have entered into an Interlocal Agreement (City Resolution 4905) for conveyance of city easements to King County associated with the Reddington Levee Project; and WHEREAS, Puget Sound Energy Inc. has existing power facilities and associated easemerrts on these same four properties that require relocation due to tfie Reddington Levee Project construction; this will require Puget Sound Energy to release of the existing easements the City to grant new easements to construct and maintain power facilities; and WHEREAS, the Farties agree that there is a mutual benefR to the City and Puget Sound Energy, Inc. in releasing the easements and in establishing replacement easements in a different location and that this mutual benefit is sufficienYand adequate consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Seclion 1. The Mayor is authorized to negotiate a grant to Puget Sound Energy, Inc. and record with the offices of the King County Recorder an easement in substantially the same form as described in Attachment A, attached hereto and incorporated herein. Section 2. The Mayor is authoriied to accept the release Puget Sound Energy, Inc. easements and record with the offices of the King County Recorder Resolution No. 4952 May 14,2013 Page 2 RES.G Page 102 of 144 the releases in substantially the same form as described in Attachment B, attached hereto and incorporated herein. Section 3. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OFAUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, Ciry Clerk APPROVED AS TO FORM: niel B. Heid, City Attomey Resolution No.4952 May 14, 2013 Page 3 RES.G Page 103 of 144 Attachment A - City Parcels, Replacement Easements Resolution No. 4952 May 14, 2013 Page 4 RES.G Page 104 of 144 en ae: a oat so e mron w. Atln:ROW Deperhnent 37 0 S 38°i 8t Taeoma,WA 8&108 K MGGIII EASEMENT REFERENCE Y: GRANTOR: CITY OF AUBURN,WA ORANTEE: PUGETSOUNDENERCiY,INC. SHORT LEGAL: PRiS:WILLUIM BRANNAN DONATION LAND CLAIM;LOT 123 PLAT OF RNERPARK ESTAIE3;TRACT D,PLAT OF RNERPOINTE;'.PARCEL 0,CITY OF AUBURN SNORT PLAT SP-20d0 ASSESSOR'S PROPERTY TAX PARCEL: 000100-0081;7J 800-1230;7 9852-1180;OOW00-0098 For entl In conaitleratlan W One OWler(51.00)and.other veluebla consideretlon.in hend paid, Cltt OF AUBURN, WA ('Granror heroin), heraby wnveya end wartenta m PUGET SOUND ENERGY, INC., e Weahirptan CarPoretlon ("GreMee"herMn), tor Me purpoaea herelneller set fart, e nonezdueive perpetuel easemmt over, unCer, alanB eaose antl thiouph Ne folloiMnp tleeiriEetl real pro0arty ("P/eperty" herein) in KING Counly, Weehinplon: SEE EXHIBRS A-1 - A- ATTACHED HERETO AND BY THIS REFERENCE MADE A PART MEREOF. Emept as mey.be othenxlae eet foM erein Grenlee's ripMa shell ba merciaed upon thel portron M Me Properly. Eesement Arae"ha ein)desaibad m fdloxra: SEE:EXHIBITSA-0 -A B B-1-B-/ATTACHED HERETO AND BY TNIS REFERENCE MADE A PART HEREOF. 1. Purpwe. Grentee ahall heve tha rlpht ro we the Eeeement Area ta cormVUCt,operate,meiMein,repeir, rePlece.Improve,re move,enOenle ryeonewmoreWliryryste mekr u ....... .,_.. - - .P R+ees of trenamieaion,tllatrlCUtlon entl eale of elxMdty. Such syslema mey inGUtle,but are not Ilmiletl b: a. Overhmd laellifles..°' Poles, frnwm erM otlier.wpport s6ucWraa with craeertne, Erecas,puys end enchara;Nec41c tranamiaelon en0 Eiahibutlon Ilnes;.flbar optie eeble end othor linea,. cablas-antl 1aUlitlea for mmmunicetlons;trenafortnen,etraet Iqhta,mote e,flxNrea,etlechmenfa erM en end all other ldUlitles or ey ppuitena es neceaaery or wnvenieM to erry w all of tha foiapoinp;entl. Saetlon 7.a.OvarheaA Fullitlas peMlns b a slnpte AerW Crosslnp of the 6reen River.NoNinp I araln ahell,eormtrue this Uauee ae baliq aPPllcabla W airy oNSr portlon aa..ere:.. b. U Merground laciiWp. Contluifs, linea,ceblea,veulb,.ewtt hea end hnnabrtnais tor olecMdty, Mber optk ceble entl MMr Ilnes, mWu and faGlWm for communlcationa; aemi-6uAetl or prountl.mamtetl feGlitlea enC petla. menFiol, metare. Mztuiee,eGeUimerHa entl.anY antl.all other fadlttlea or eppurtenencea nawseary w convenlent b erry or ell 01 Me torepoinp. Followinp Ne initlel conetructlon ot all or a portlon af Its syaoems,Grantea mey,hom tlme m tlme,conaWCt such atlCltlonal feclliqes es it mey roquiro for auch ayetems. Orantee shall Mva Me ripM of ecceaa b the EemmeM Aroa over and acrosa the Properry to eneWa GiaMae in a rordae Ma riphb horeunder.. Giarrtee shell wmpensem Grenror for eiry tlame0e M the Propeify mueatl 6y.ttie exercJae M sucti ripM of aaeas by Grentee. 2. Easema R Area CIaaA a W MalMamnea. OreMee aMell.heve the iipM b wt,remove entl tlbpoae W eny entl ell 6rue,Veea a otlrot vepetetion in tlro EeeemeM Aree. GiaMea ahall elao have Me AOM M wMrW,on e. co nuinp Deeis arM by eny piutlarR antl reeeoneble meene,Me esfedfehmeM end provAh of hrwh,trees or other vepetetion In Ns Easement Araa. 7. Treas Ou1sICa EeEBmeM Alae`"'. Grantee ehell have tha ripht W wrt,trim,remove antl tlle{wee otany Veee loaUtl on tlre Property oubitle tha Easemant Area ll et coulQ In Oreirtee's aNe judpmerrt,MlaRere wMh ar aee0e a hamrd ro Grerroae'a eyaroma.OwMee ahell,prlor b the exerelae o1 euch Iph iEeMiy sueh deee anE riieke a roeaoneWe eHort to pive Giantor D or notke thet audi tren will 6e cul,.trimmad,.rartavetl or tliepoaeG of(mxept thet Grantea shell:have nc ablipetlon.to.iAanUry wah trem.or pive G`arrtar such prlor notke when tees ere at, WmmeG, removetl cr otheiwise.diapcaetl M in rasponae to emerpanry contlltlona). GreMOr ahell be entitled lo no comperreatlon tor Oreea eut,Mmmed, remcvatl w dlapoaetl of e ept for tlie ecluel merket value of inerdienteble. tlmbar(H eiry)eut em1 removod from ttia Pmperry by Orantee. Saetlon 3.7reea Ou41tle EacameM Area pertalns.to tha aingle Aerlai Grwsing M Na Oresn Rivar anC protectlon M Aerlal Feellitles onty:Nothirip Heteln ahall eonstrui tnis eleuae aa Eeing epplleabla to trees oublW Me weems R erp whsre GraMea'a hellltlea undargrountl... . . . OFWG Ebchk EuemeM 70/l003 7010797 W-RW-0BE20T Papa 1 0(74 RES.G Page 105 of 144 1. 6raMOte Ws of EeeamaM Aree. G'anmr rexrvea tl s rIBM to uea tho Eemmm[Aiee fa anY WT not hitoneisoe,rt wAtli IMe rIYMe hmdn piarrte7.0 hawaver. Grenbr Mall not mnstruet a mei in eiry OWWlnpe, atruc4 res m otlat obJeds on tlro Eawnmt Aree eM GraMw ahall Eo m bksG'p wNhln 300 MM of Grantee'sladlltlm wifhout Graribe'a prior wfttten Coneent 6. Indemnily. GraMea eproea lo MOemniry Orentor han aritl egalmt IIeMILLy inansC by Grer r m a reeutl M GrerKee's neptlperim in Me exeides of ths rfGMa herdn pran0ed 90 Orantse bu[nothinp Mrein Mell requhe GraMee b Indemniy Grmfbr!or thet porUai o!erry axi IiebilHy ettribulebla to Iha naplipen e of GraMa'u tlro rrepnOeMe a olhen. 8. AbantlonmeM. The riphb heroin prantetl shall mntlnue uritll euoh tlme ea Gfanha wasa b use tlro Easament Aiea.for a perletl of fire(5)waxadva years,In wlikh eveM,Vtla euamaM Mal tertninete antl ell IpMs hareuMU,mM eiM P ovemenb remeiNnp in tla EemrtaM Nm MeA revert ro or oMenilne Eawma Ne ProPa!Y of Grarnor,7 Iwwever.Net tw eEenOOnrtent aha0 bs Aeemed ro heve awrieC N'reason of GraMee's feihoe 9e initlBlly hptell Ilc ayatema on tlle Ea9amelM Area xdtltln a ry psflod o!tlme hom Ms 0ab hereof. 7. Sueeesson e M Aselpns. OronOee Mell heve tl e rqht to assipn,aPPOroon a othenvlee transfer my or all af Nt AOhta,Oeneflte,prlvllepee antl IMereats arlainB In erM unEer Mle eeeemeM. WlMout IlmPonp the penerallry of t e foiapohp,Cm iipMe arW oblipetbns of tha peNea shell Inure ro the Oenelit ot aiW ba bindinp upan Melr reepeativa suocestoR efW aaslpns. DATEDMIe tlay of 2073. GRANTOR:CIN OF AUBURN,WA BY: ITS: STA7EOFWASHINGTON 1 COUNNOF On Ws_tley ot 2073,babre me,Ne untlenlB a Notnry Publk in erM for t e SIeOe of WaehUpOOn,duty mmmhebne0 eM axain, Oe eona y epPmroO b me Imwm ro be Me panon who aiprwC ac ot CTI OF AUBURN.Me mfporeLOn MM exeated Ihe wilhin erM tonepol p i stument mid edmoMe00 aeM InsWrrotrt b Ee hiaTher.Nes&M voWrrteiy eG enE OeeC antl tha ttea erid wlu'rtery ael mM EeeC o! CITN OF AUBURN for Cw uasa and puipoees tl n mentlonetl;antl cn oeN stateC thal_wee eutliwizaA b exeeute me eaitl InakumaM on DeheM of eeltl CfIY OF AUBURN. IN WITNESS WHEREOF I Pave eieuttic eet my hentl entl ollicid seel tlre Eey eM year flrot abwa wrlGen. SlpneWre W Nolary) Prtrrt or efemp neme of Natary) NOTARY PUBLIC In entl tor Ihe Stete of WeMinplon,ealtlinp et MY APPdnUneM E Irea: OwUG Ebctrk Eesenwnt t0/1003 707 W9197-RW-082]DR Pepe 2 0171 - RES.G Page 106 of 144 6d lb@'A"— Legal Desaiptlon of EasemeM Pwtion dTmc LoS_Na OOOtOP-0O8 ThM portlon af Me WIIIiam Brannan Donatlon land Clafm No.37,sf[uate in the Southeast Quarter oF Seabn 6,Townshlp 21 North,Range 5 Easy Wfllamette MeAdlan,png CouMy,State of Washington, daai6M az tolbws: A strip of land,S.OD fret In width,with 250 feet each side of the follawing desaibed Ce rterline 3: Commendrig a[a poiM on the south IIM of the mrth 157.60 feet of said WIIGam Bronnan.UOnadon La Cleim No.37,sald pdnt also being the southwest tomer of Lot 123 of the Plat of Riverpark Estates, recorded in Volume 121 of Plats,Pages 97-500,Records of 16ng Counry; Thence South 89'022C East,along the sald south Me 4.75 teM to the beginning of said Cefrterline 1; rne ce sow,aa u^wes ss.a3 reec Thenoe SouN 19'iB42"West 39.00 feex Thence aloog a cvrve w the leR haW a radius of 10.00 feet,Mru a central angle of SC59'11',an arc kngth of 9.%fret• Thence Soutli 37'42'39"East 26.85 fret to a potrrt herelnafter reterred to m Poi K'A'; Thence contlnWng South 3T42'29"Easc 47.17 fee$ Thence along e curve to the HgM having a ndius of 10.00 feet,thru a central angle of 40'29'14",an arc length of 7.07 feey Thence South 02'46'45'West 20.34 feet M a point herelnaRer rekrred m as Poi K'B"and tertninus of sald CenOeN e Y The sidellnes of sald strip are to be lengthened or shortened to 6egin a md on the south line of the noKh 157.60 feet of wld WIIIWm Brannan Donatfon Land Claim No.37 a to meet at angle poiMS. Togethu wkh a strip af land,5.00 feet wlde,with 250 feet each side of Me following described Centerline 2: Beginning atthe aforesaid PoIM"A'; Thence North 52'3d5d'East 1279 feM; Thence North 69'S4'40"East 15.45 fee[io a poiirt hereinaker referred to as Point"C"and terminus of seld CeMerllne 2. The sldellnes of sald sMp are to be lengthened or shmtened to meet at angle poiMS. PrcparcdbySmttEdwards.PLS ApN1172013 APS Survey&Mapping 132215E 261°Sueet,Suke A Bellevuc,WA 9805 Phone 475 746 3200 e\uma4vnmWoov rnnWneorq.m aer vmm mniaomno aoeipnlaxvaaa reee 3 :z RES.G Page 107 of 144 E#ilbtt'A'f GoaYf Lepal.Description of Eesement PoNon otTm Lot No.OOOtOP0081 Nw,to@etharwltl a strip af land,12.00 feet wide,with 6.00 feet each slde of the following desalbed CeMatine3: Cammend at the aforesald DoiM'C; Thenre South 20'OS'7D"East 2.00 feet m the Beginning Msald Ce rterli 3; l'he NorN 69'S4'40'Eest 10.W Teet to terminu:oPsaid Ce Kerline 3. Ako,Wgether wltl tha[potion of said 8rannan Donatlon Land Claim No.37 desalbed as follows: Commend attAeaforesaidPOiM•8•;. Thence North ST33'15'West 2.SOhet to the True PoiM oF Beginnln Thena North 02'46'45"East 20.34keC Thenoe along a arve m the lah having a rodius of 7.50 feet,thru a cerrcral angle of 40'?9'la",an arc leng[h of 5.30 fee Thenm NoRh 3T6T29"West 70.02 feek Then along a arve to the rigM having a railius of 1250 feet,thru a ceMral angle of 12'13'S3";an arc length of L67feeC Thence South 52'll'31'Wat 15.28 feet; Thence South 3T42'29"East 97.00 feet tn the True PWnt of Beginning. The abwe desaribed land mrnalm 2,450 squere teet or 0.0562 Aaes,more or las. t A EOk, GO p ASy aPQy<ip N0 m fJ'Pofs/STCP SMAlLIMD Prepared by5ooct Edwards,PLS Apr11172013 APS Suivey&Mapping 3721 SE 26°i Street Suke A Bellewe,WA 9805 Phone4257463200 skYnmWauma NWnaaM 70GSWt6?uVq/,IdeMWaelaim00D100a081rohiuNY.AOa PeBe..l Z RES.G Page 108 of 144 EASE AENT EXHIB(T B- ae la c s,ri ; wM T ,23 VOL 121APK ATEOp CI7Y OF AUBURN 7JS800-R72J0LOT1?3 BEdNNING OF CEN7ERlJNE 7__ sami ur aF n r xni is.so r cv w aw w urve rne UNE BEARING LENCTHanff T L7 4.5' 000100-OOB7 v L3 4 'W 39 0' L4 2g• 2g, l,5 L6 w O.SC k PqNf'C L7 7 Nii, rn N. LB 1 . ppM yyy d L10 V: L11 '7 ' •A• \ L12 L13 7 4s 4\\' y us 0 20 40 g^,ti u5 SCFLLE: 1°40'i \ CURVE TABLE. V sS UR RADIUS .UELTA lENG7H i I C1 10.0 ' S p ^'1 C2 1O 14'. F1 i 7 ' 14'- C4 S3' L7 PoIM' 1 PRO ECT N0.: 1188.18 j . SUR4EY 8 NAPPING DA7E 4/17/2013 e. eeuEwenraxva a'eooe 1 1 J 17.. w e!' Haam.° RES.G Page 109 of 144 Eid ibft'A° —1 Legal Descriptlon of Easament PortWn dTmi Lot No.733800-1230 That port7on of Lot 123 of the Plat of RNerpark Estates,recorded in Volume 121 of Plau,Pages 97-100,Records of King County,sttuate in the Southeast Quarter Section 6,Townsh(p 21 North, Range 5 East,Wlllamette Medd an,King W unry;State of Washington,deuri6ed as foUows:_ A strip of tand,5.00 feet In width;wtth 2S0 feet eath slde of the following desaibed Centerllne 1: Commencing at the southwest comer of said Lot 773; Thence SoutA 89'OY26"East,along the south 9ine af sald Lot 123 a d'atance of 4.75 feet to the beginning of sald Cerrterline 1; Thence North12'10'S3"East 77.86 feet; Thence North 42'11'16"East 15.18feet; Therice North 28'S6'04"East 10.88 fee$ Thence North 08°48'44"Fast 29.31 feeh, Thenm North 10°01'S7"East 14.07 feet; Thence North 11'71'73"-Eas[16.28 feet; Thence North 0835'00"East 25.51 feet; Thence North 19'39'44°Fast 66.34 feM; Thence North 33'21'29"East 11L]9 feet;. Thence Narth 35'4T52"East 37.05 feet; iAence North 39'39'S4°East 737.36 feet; Thence Nmtb 40'40'32°East 120.81 feet; Thence North 58'1T28"East 59.68 fcet; Thence North 66°34'25" Eart 8.54 feet, more or less, to the north Iine of said Lot 123 and teRninus of mid Centerlfne 1. The sidelines of said strip deffned by Centerline.l are to be lengthened or shortened to begin and end on the north and south lines of said Lot 123 and to meet at angle polnts. TogetAer wkh A sMp of land, 15.00 feet in width,wkh 7.50 feet each side of the.following described Cerrterline 2: Commencing at a point on the North Ilne of said Lot 123 common with Lot 86 and 7ract D of the Plat of RtverpolMe,recorded in Volume 229 of Plats,Pages 83-89,Records of King CouMy; Prepared by5aolt Edwards.Pt5 Merch 21,2013 APS Survey&Mepping Li121 SE 2610 Street,Sul[e A Beliewe,WA 9805 Phone42574637D0 ulmmUpam\dmmeMS\Iendpea7ub7009 11b616M1U°Itlmaiptl°^° W e 1 F{'J' b I2,' RES.G Page 110 of 144 E ibR"A"-2 ca+'t Legal Description af.Easement Pallon of Tez Lot No..733800.1230 Thence Souih 89'03'W" East, along safd north Iine, 39.41.feet to the beginning of said CeMedine 2; Thence South 3T11'OS"East 170 feet,more or less,to the"Ordinary High Wate tine"'of the left bank(westerly side)of the of the Green(Whtte)River and tertninus of said CeMerline 2. The sidelfnes of sald rtrip defined by said CeMerline 2 are to be lengthened or shortened to begin and end on the north line of said Lot 123 and the"Ordlnary High Water Line" of the left bank(west side)of the of the Green(Whfte)River. The abovrdescNbed descdtied land coMains approximately 6,724 Square Feet or 0.1544 Atres,. more or less. a eoy, yVO F YASry bPO c^N em 9 {70 4'0 4 NA( LAHD S Prepared hy Scott Edwards,PLS March 21,2013 APS Survey&Mapping 132215E 26'"SVeet,Suite A Bellevue,WA9805 Phone4257M163200 u1mra apsmW eamvMhnd pojem lAUH\13661b4U n1 ymiptlom\umt]33B00.1ZioAOa Page$. 7 2 RES.G Page 111 of 144 Eas nrr wiBrr e -2 UasECS,r K wM Tff, IDf BB ' 8 V.74 P BY09 1g 5 . JIDLAE 2 j)\ SCALE: 1"=700 N EA 1Q7f FA4)II R 2 417p!:S FT. 255 5 FT. J Z J/ y ry y j. QpQ' %. ry1' 1 V" 1 J jJ ur Tne W1E BF.AWNC IENGM L1 F CLTAX PARCEL N /' u 733800-1230 % 4 'a . a L5 H' L6 V LB 57' i L9 N1979'14'E 68.3{' 1 Lt0 . 3 1 7.18' Lfl i' Li2 N •9' v y d3 P t L14' N L15 25' L1fi Q L17 8' B' g CO2IDf175 BEdNNINC OF CENTERLINE 1 j\`. PRqECT N6: 1188.184 pura er: sr SURVEY d YAPPING uAIE a/n/201s mv.am.m....8,, aeunna.rp1uiqumniox e 1't- vuefasAfxaw RES.G Page 112 of 144 E#IbR'A' -3 l.egal De"scriptlon of Easement PoNon of Tmc Lot No:73 3 822-11 9 0 That PoNOn ofTna D of.the Plat of RNerpoUrte;iemrded in VWUme 729 of PWCt.Pegas 83 Mrough 89.Records of q CouMy,situate in the Swtheart Quarter Sxdon b,TawnshiD 21 Norih,Range 5 Eazt VY amet[e Meridiary qng CouMy,State d Washington,dasaibed m folkws BegMning rtMe most mNhwesWly comer.m saitlTrdct D,said pdM also heing the southeast mmer of loi 86 of saidWaiMlUveryolMa Thente South 89'03'O7'Fast dongthe south ttne aFsaidTra D,9895 feet Thence North 3T11'OB'Wat 7&b7 feet Thaim NorM 52'S558'Eart 6i33 feet 7henceNarth37'04'02'West250feetMapdMherdnalffi efetredLOasPOIM'A'; Thence mritlnuing North 37'04'02'Wnst 7A38feetmthe easnerly margin of satd 32n/SUeat NE: Thmm mutherly entl w'sterly along wid maigin of 32n°Street NE and a nondengeM arvatothe 11ghL tt e mnter of whid bwrs North 73''21"West e dlstsn e of SdSD feeC thru a cenval angla d I27'S0'S4',sn arc Iengeh of 97.06 faetto mmer mmmun to saltl 71act D,58Itl lote6,and tha southerly maB n of uld 31i°Street NE Thmce SouM 00'SC58'WaC alongShe wrs[eAy fine of sald TracY D,53.34feet,more ar leu w tha paiM of. be nning. Together.with a strip of land,5.00 het In wfdth,with 3.50 feet eatli side of the following drxAhed Centerline: Beginning et aforeseld Point'A': Thence NoM 52•55'S8°EatC f3.51 feet Then[e North 49'S694'East 30.66 teeC Thmce North 15'25'2A'Eert 32•11 fmC Thance Narth 24•00'43°East 31.57 fear, Thance North 78'44'46'Eart 30.A fteh, Thenoe North i6'S4'S8"Eart 14993 feeh, Thence Natth 11'73'02"East 82.08 het more or Im to the nortli Iine af sald TraU D. The sidalines of sald strip arc to ba lengthened or shortened to end an the north of sald Tract D end to meet at engle polnLt. The abwrdescibed land rnr ns approximrtely 4,015 Square Feet or0.0972 Aaes,morc or less j h EOk. yGO f ASy/Os.^N es gy4140 N L UM S Prepared 6y Scott Edwards,PLS APS Survey&Mapping March 21,2013 332215E 26°Street,SuMe A Bellevue.WA 9805 Phone 425 74632 0 c\manNV W^^d v l ii56 6aVep M1eml Woiu avnt 336u-usoaoa Pase 4Gt RES.G Page 113 of 144 EASEMENT EXHIBIT B 3 se ua sEC s,r2 n vui I LOT 37 ii 32ND PL NE I 4,m m. r. cirr oF AUBURN Qa / TAX PARCEL 733822-1190 LOT 76 Q a% N T S UNE TAW.E Cj / LWE' BEAWNG i L1 Q 0 IZ SCALE: 1"=50' LOT 85 s sI5 4. LB L7 1 32ND ST NE Z4 , ,,: ua aroo' e . 2n, . U7 ' N7Jy- 2.T• Lt3 7 RM/q•W POINT.•A• L.BT 0yi ' d•t27'S LOT 86 g qNT OF y l , BE4ILMNG G SURVEY & MAPPING PNGECE N0.: 7186184 ORNCJ BY: SRE aa oas OAIE 3/21/13 bll'L 0 RES.G Page 114 of 144 a,mrc•n• —} Legal Description ot Easemerrt Portlon of 7ax Lot No.OOD400-0OBB p strip of land,5.00 feet in wldth,whh 2S0 feet each stde of the following descrf6ed Centerllne,being a portion of Parcel D of the Oty of Auhum Short Plat SP-20-80,recarded under King County,Recording Number 8107A790Q5;sttuate In the Southeast and the Nartfieas[Quarter of Sec[lon 6,Townshtp 21 North,Range 5 Eas[,Willamette Meridlan,King CounLy,Washington,said Centerline k described as follow5: Commen6ng at a poirrc an Me sauth Ilne of Said Parcel D,said point also being the northerly comer mmmon to Lot 37 and Tract D of the Plat of RlverpolMe,recorded In Volume 229 of Plats,Pagn 83 thru 89,remrdsoflQngCourtyWashington: Thence South 89'03'02"EasL along the souffi Ilne of said Parcel D,23.56 feet to the begfnning of said Centerpne; Thenm North 10°42'S5"Eart 172.91 Fee Thence North 11°56'ii°Eas[582.78 Feet 7hence North OS'S0']3"West 75.02 Feet,more or Iess;to ffie south line of Partel B of the Bargain and Sale Deed;rewrded under King Counry Recordin8 Num6er 9810283000. The sidelines of sald stdp are to he lengthened orshorteneH to begin and end on the north and south of sald Parcel D and to meet at angle poit. The above-desaihed desalbed land coMains approximateN 3,904 Square Feet or 0.0896 Acres,more or less. Z A EOk,4 y0 OF 11ASyiy p0a.N 0 o+ z . s8 f/STER'SJ MAl LANa Prepared byScott Edwards,PLS March 21,2073 APS Survey&Mapping 13221 SE 26'"StreeL Sutte A Beltevue.WA 980.5 Phone4257463200 Guevakw\ammemsVena wol s xo W_s6isaVen aa mans\wirc 000eroasemo Page Al J YL RES.G Page 115 of 144 EASEMENT EXFiIBIT B — sr U2 sEC s,rzt K vuM SOUTH 11NE OF TAX PARCEL 082105=9002 ACCORDING TO RECORD OF SUROEY,.AFN:7B01319003 ANR.P.t3€4 E oF gr cAi SA o__ REG.NO. 98102 00 NOR]H'LINE OF TA7l PARCEL.0004-0000 ACCORDMG TO SHORT PUT N0. SP-20-80,.AFN 810 7 0 79006 Z5 25 IEh4AQn Nawac sc: PARCEL D CIT! OF AUBURN SHORT PLAT qTY OF AUBURN SP 20-80 7Ax autc¢000400-0098 0 50 100 SCACE: 1"=100' II III I I LINE TA9LE Q IIJNEBEMINCLENGfH L7 S OI L3 N1 ' ' ' 1 91' V u tlti58Y5 5e 78' QI L4 N ]' 0' am I II I i r j . 9EqNNING OF SURVEY & l APPING PROJECT N0.: fl96.784 CENiQtLINE miaean em r.eure DRAYM BY: SAp L— p°'10p6 s rofyx. LOT 37 iRACT D F z Ylt PUT OF PoVEfiP01NiE-WL 228..PC5 83-BB 1 RES.G Page 116 of 144 Attachment B - Existing Easements to be Released Resolution No.4952 May 14, 2013 Page 5 RES.G Page 117 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4953 Date: May 14, 2013 Department: Planning and Development Attachments: Agenda Bill Resolution No. 4953 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4953. Background Summary: See attached. Reviewed by Council Committees: Finance, Planning And Community Development, Public Works Other: Legal Councilmember:Backus Staff:Tate Meeting Date:May 20, 2013 Item Number:RES.H AUBURN * MORE THAN YOU IMAGINEDRES.H Page 118 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4953 Date: May 15, 2013 Department: Planning and Development Attachments: Resolution No. 4953 Budget Impact: N/A Administrative Recommendation: City Council to introduce and adopt Resolution No. 4953 Background Summary: As a follow up to Resolution No. 4934 adopted by City Council on April 1, 2013, City Council would like to clearly state its opposition of a King County Solid Waste Handling Facility at 28721 West Valley Highway. The City of Auburn previously stated its opposition to a Solid Waste Handling Facility at 901 C Street SW via letter written on November 15, 2012 at a time when King County was considering this site as their preferred location. King County then initiated an environmental impact statement scoping period which identified 28721 West Valley Highway as the preferred location. During the April 1, 2013 City Council meeting many residents expressed their concern over King County’s decision to designate the West Valley site as the preferred alternative. The majority of citizens who voiced their concerns also urged Auburn to express opposition to the West Valley site. At the conclusion of the April 1, 2013 City Council meeting, City Council adopted Resolution No. 4934 which expressed concerns over siting a solid waste facility at 28721 West Valley Highway. On April 5, 2013, the City of Auburn delivered a letter to King County Solid Waste expressing concern over locating a facility at this site and attached Resolution No. 4934 as part of the package delivered to the County. Since April 5, 2013 the City has heard additional public testimony, further evaluated and considered the concept of locating a solid waste handling facility at the West Valley site, and have conducted historical research of the land use activities in the surrounding areas and has drafted a resolution that documents findings and a position of opposition to the facility. 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: Backus Staff: Tate Meeting Date: May 15, 2013 Item Number: RES.H Page 119 of 144 RESOLUTION NO. 4 9 5 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON; OPPOSING KING COUNTY LOCATING A SOLID WASTE TRANSFER STATION AT 28721 WEST VALLEY HIGHWAY IN AUBURN, WASHINGTON, AND EXPRESSING ITS CONCERNS RELATIVE THERETO WHEREAS, the City Council of the City of Aubum, Washington, previously passed Resolution No. 4934 on the 1g` day of April, 2013, a copy of which Resolution is attached hereto and incorporated fully herein by this reference; and WHEREAS, in furtherance ofResolution No. 4934, the City Councifwishes to make it ciear that it has significant and ongoing concems that were not only addressed in that Resolution but that are related to the siting of a Solid Waste Transfer Station proposed to be located in North Aubum, on West Valley Highway because of historical implications that now bear on properties in the area that would be affected thereby; and WHEREAS, prior to the annexation of West Hill by the City of Auburn, King County allowed development to occur in the higher elevation areas of the West Hill Annexation Area, which development did not have adequate storm drainage facilities or that storm drainage facilities were inadequate to handle the storm drainage needs in the West Hill and lower lying areas to which storm drainage waters flow; and WHEREAS, in addition to and notwithstanding the impacts of the Solid Waste Transfer Station, the deve.lopment that King County permitted in the West Hill neighborhoods from the 1980's until annexation has left storm drainage impacts Resolution No. 4953 May 15, 2013 Page 1 of 4 RES.H Page 120 of 144 on the low-lying areas that have not been suitably or adequately addressed and which has therefore caused harm on the affected properties that were developed befinreen 1920 and 1962; and WHEREAS, it is the position of the City Council of the City of Aubum that King County and the West Hill upland property owners should take steps to address the impacts related to that development; and WHEREAS, the City Council furttier believes that King County needs to consider the issues and concerns that relate to any proposal for an additional Solid Waste TransferStation in South King County; and WHEREAS, the subject property is an approximately 20 acre M-2 zoned site that allows for a wide range of light manufacturing uses that have the potential to create a significant number of new jobs in contrast to a solid waste transfer station which provides minimal job growth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the City Council of the Cit r of Aubum hereby expresses its opposition to King County locating a Solid Waste Transfer Station at 28721 West Valley Highway, in Aubum, Washington, because it is an expensive facility with an approximately $70,000,000.00 tax payer cost that is not needed, since the newly completed Bow Lake Transfer Station is able to handle solid waste needs in South King County, and since there are other reasonable altematives tha4 could be employed to alleviate the need,for another Solid Waste Transfer Station in South King County. Resolution No. 4953 May 15, 2013 Page 2 of 4 RES.H Page 121 of 144 Section 2. That rather than promoting another Solid Waste Transfer Stations in South King County, and locating it so as to exacerbate existing impacts on affected properties, the City Council of the City ofAuburn hereby expresses its position that, consistent with the King County Solid Waste Management Plan, King County should take steps to implement mandatory curb-side garbage collection and mandatory recycling services, and King County should promote otherjurisdictions within King County to likewise require recycling and solid waste garbage collection services since only 13 of the 37 cfties require mandatory garbage service and only 12 of the 37 cities require mandatory recycling service, so as to minimize the neeii for any other Solid Waste Transfer Stations anywhere in South King County. Section 3. That the City Council further wishes to solicit cooperation and assistance by King County and from the property owner's of the westem slopes to address the impacts on the low-lying areas down-stream of the West Hill Annexation neighborhoods, where those low-lying areas have been so affected by inadequate storm drain facilities resulting from the residential development that King County permitted to occur without adequately addressing storm drainage impacts on the low-lying areas. Section 4. That the Mayor'is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Resolution No. 4953 May 15, 2013 Page 3 of 4 RES.H Page 122 of 144 Dated and Signed this day of 2013. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APP D TO FO aniel B. Heiii, ity Attomey Resolution No. 4953 May 15, 2013 Page 4 of 4 RES.H Page 123 of 144 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4955 Date: May 14, 2013 Department: Planning and Development Attachments: Resolution No. 4955 and Agreement Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 4955. Background Summary: Jeff Oliphant of Auburn Professional Plaza LLC, approached the City to purchase Unit 380 within the One Main Professional Plaza. The City’s team has been negotiating with Jeff on the purchase and sale agreement as well as a potential amendment to the parking garage lease agreement. There is more discussion needed on any amendment to parking garage lease so in order to move forward with the purchase and sale agreement, we are separating the negotiations. With the existing parking garage lease agreement and with what is on-site at the One Main Professional Plaza, there is sufficient parking, by code requirements, for the units owned by Jeff Oliphant and Key Bank. Summary of the Purchase and Sale Agreement (PSA): 1. Purchase Price - $1,074,949.00 (price outlined in the right to re-purchase agreement when the City purchased its condo units in 2010 from Auburn Professional Plaza LLC). 2. The PSA is contingent on the Buyer entry into a lease agreement for Unit 380 with MultiCare Health Systems. 3. Requires Buyer to complete the necessary tenant improvements for the City to relocate the employee break room to the 2nd floor and the GIS offices. 4. Amendments to the Condominium Declarations and Survey will be required to reallocate the 3rd Floor Terrace limited common element to Unit 300 (City’s other third floor space) and allocated the currently combined parking spaces in the Mel’s Lot to the specific units. AUBURN * MORE THAN YOU IMAGINEDRES.I Page 124 of 144 The Planning and Community Development Committee reviewed Resolution No. 4955 at their May 13, 2013 meeting and recommended approval to the full City Council. A3.13.4 Reviewed by Council Committees: Finance, Municipal Services, Planning And Community Development, Public Works Other: Legal Councilmember:Backus Staff:Tate Meeting Date:May 20, 2013 Item Number:RES.I AUBURN * MORE THAN YOU IMAGINEDRES.I Page 125 of 144 RESOLUnON N0. 4955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DECLARING CERTAIN REAL PROPERTY AS SURPLUS AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN AND AUBURN PROFESSIONAL PLAZA, LLC WHEREAS, the City owns real property that it no longer needs for municipal purposes; and WHEREAS, Aubum Professional Plaza, LLC ("APP"), desires to purchase said property; and WHEREAS, the City of Aubum and APP have negotiated an agreement that is beneficial to both parties at a cost that is acceptable to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the following prope ty is declared to no longer be required for municipal purposes, and is hereby declared to be surplus: Unit 380 of Lot 1, City of Aubum Boundary Line Adjustment No. BLA0019, recorded under recording number 20091124900003, records of King County, Washington Together with an easement for parking under parking easemeM agreemenr recorded under King County recording number 20091118001355, with respect to the following property:. Lot 7, Map of L.W. Ballard's Park Addition of Slaughter, according to the plat thereof recorded in Volume 3 of Plats; Page 91, in King Gounty, Washington; together with the vacated west 10 feet Resolution No.4955 May 10, 2013 Page 1 of 3 RES.I Page 126 of 144 of Silyer 3treet (now A Street Northwest) adjoining and subject to a revocable license in favor of the City recorded under King County Recording No.20100218000151. Section 2. The Mayor of the City of Auburn and the Aubum City Clerk are hereby authorized to execute a Purchase and Sale Agreement between the City of Aubum and APP for fhe purchase of either or both these properties, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2013. CITY OFAUBURN PETER B. LEWIS, MAYOR. ATfEST: Danielle E. Daskam, City Clerk Resolution No.4955 May 1 D, 2013 Page 2 of 3 RES.I Page 127 of 144 APPRO D AS TO FORM:. D " I B.Heid, ' -Att Resolution No.4955 May 10, 2013 Page 3 of 3 RES.I Page 128 of 144 Exhibit A to Resolution No. 4955 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of the day of 2013, by and between the CITY OF AUBURN, a Waslrington municipal corporation, as Seller (hereinafter the "City" or "Seller', and AUBURN PROFESSIONAL PLAZA, LLC, a V ashington limited liability company hereinafter the"Buyer"). RECITALS A. The City is the owner of certain real pmperiy and all improvements thereon ("Property") located in the City of Auburn, County of King, VJashington, commonly known as Unit 380, One Main Street Professional Plaza, a Condominium, which is legally described as follows: Unit 380 of Lot 1, City of Auburn Boundary Line Adjustment No. BLA0019, recorded under recording number 20091124900003, records of King County, V ashington Together with an easement for pazking under pazking easement agreement recorded under King County recording number 20091118001355, with respect to the following property: Lot 7, Map of L.W. Ballard's Park Addition of Slaughter, according to the plat thereof recorded in Volume 3 of Plats, Page 91, in King County, Washington; together with the vacated west 10 feet of Silver Street (now A Street Northwest) adjoining and subject to a revocable license in favor of the City recorded under King County Recording No.20100218000151. B. City desires to sell the Property to Buyer, on the terms and conditions set forth herein. AGREEMENT NOW, TEIEREFORE, for good and valuable consideration, the receipt and sufficiency of wtrich are hereby mutually aclmowledged, Buyer and Seller hereby agree as follows: 1.Certain Defined Terms. For purposes of this Agreement, the terms set forth below shall have the meaning assigned to them: 1.1 "Closing"or"Close of Escrow" means the recordation of the Deed in the Official Records and Seller's receipt of the Purchase Price. City of Auburn/Auburn Professional Plaza, LLC 5.10.13 Page 1 of 16 RES.I Page 129 of 144 1.2 "Closing Date" means any mutually agreeable date on or before December 31, 2013. l3 "Escrow" means the escrow opened with Escrow Agent for the consummation of the u ansaction described in this Agreement. 1.4 "Escrow Agent" means Stephani Owens of Stewart Tide Company 206.770.8811)whose address is 1420 Sth Avenue, Suite 500, Seattle, WA 9810t. 1.5 "Official Records" means the official real property records of King County, V ashington. 1.6 "Opening of Escrow" means the date:a fully executed copy of ttris Agreement is deposited with Escmw Agent. 1.7 "Permitted Exceptions"has the meaning as set forth in Section 6.3 below. 1.8 "Purchase Price"has the meaning as setforth in Section3. 1.9 "Tide Company"means Stewart Title Company. 1.10 "Title Policy" means an ALTA (1970 Forcn B) extended coverage owner'spolicy of tifle insurance issued by the Title Company to Buyer with coverage in the amount of purchase price, showing title to the Property vested in Buyer subject only to the Permitted Exceptions. 2. Purchase and Sale. The City agrees to sell to Buyer, and Buyer agrees to purchase from City,the Property upon the terms and wnditions set forth in this Agreement. 3. Purchase Price; Cash Payment. The total cash purchase price for the Property(the Purchase P;ice") shall be One Million, Seventy-Four Thousand, Nine Hundred Forty Dollars and no cents ($1,074,949.00). The Purchase Price shall be paid to City in cash at Closing. 4. Covenants, Conditions,Restrictions. 4.1 This Agreement is subject to the terms and conditions of• 4.1.1 Declaration of One Main Street Professional Plaza, a Condominium, recorded under King County Recording No. 2010051200511 on May 12,2010. 4.1.2 Bylaws of the One Main Street Profession Plaza Owners Association. 4.13 This Agreement is subject to a right of first refusal held by Ceradimm, LLC. Ceradimm ROFR' City of Auburn/Auburn Professional Plaza, LLC 5.10.13 Page 2 of 16 RES.I Page 130 of 144 4.1.4 This Agreement is contingem on Buyer's entry into a lease agreement with MultiCare Health System for Unit 380 or for an area that includes ihe area currenUy known as Unit 380 together with additional space presendy owned by Buyer. 5. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit with Escrow Ageat One Thousand Dollars and no cents ($1,000.00) in cash (the Deposit', which shall be held by Escrow Agent as an earnest money deposit hereunder. The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as provided herein. Escrow Agent shall place the Deposit in an interest-bearing account approved by City and Buyer and all interest earned thereon shall be added to and become. a part of the Deposit. 6.Due Diligence. 6.1 Due Diligence Period. Buyer shall have the right for a period of sixty (60) days from the date of this Ageement (the "Due Diligence Period") to conduct Buyer's due. diligence review, examination and inspection of all matters pertaining to iu acquisition of the Property, including such inspections,tests, and surveys as Buyer deems appropriate to determine the suitability of the Property for Buyer's intended use. City shall provide. Buyer and Buyer's agents and wnsultants with reasonable access to the Property and, to tlie extent such information is in the possession or control of City, shall pmvide reasonable acc.essto appropriate information respecting the Property, subject to the tecros and conditions of tlris Agreement. Buyer's obligation to purchase the Property shall be contingent upon its approval of such property after conducting its due diligence review. If; based upon Buyer's review, examination and inspection, Buyer stiall detetmine in its sole discretion that it iatends to acquire the Property, then Buyer shall prompfly notify City of such determination in writing prior to the expiration of the Due Diligence Period, whereupon Buyer's due diligence contingency shall be deemed satisfied and waived; tfie Deposit shall become nonrefundable (except as otherwise provided herein), aad Buyer shall proceed to Closing. In the event that Buyer shall fail to ha4e delivered such notice to'Seller on or before the expiration of the Due Diligence Period, Buyer shall haVe been deemed to be satisfied with the resulu of iu aforesaid review, and shall be deemed to have waived its right to terminate this Agreement pursuant to this subsection. If Buyer shall have timely and affirmatively advised the City in writing of its dissatisfaction with the aforesaid matters based on its review, then tlus Agreement shall automatically terminate, the Deposit shall be returned to Buyer, and the parties' rights under this Agreement shall be of no fiuther force or effect. 6.2 Title Commitment Prompdy after mutual execution of this Agreement, Seller shall obtain an extended preliminary title insurance commitment covering tfie Property from the TiUe Company (the "Commi enY') as is consistent with Secrion 9 together with copies of all recorded documents listed as special exceptions therein. Approval by Buyer of the exceptions to title set forth in the Commitment (other than as hereinafter set forfh) shall be a condition precedent to Buyer's obligation to purchase the Property. City of Auburn/Aubum Professional Plaza, LLC 5.10.13 Page 3 of 16 RES.I Page 131 of 144 Unless Buyer gives written notice that it disapproves the excepdons to tide shown on the Commiunent (other than the exceptions to tifle approved by Buyer and described ia Section 63 below), stating the exceptions so disapproved, within sixty(60) days after the date of this Agreement, Buyer shall be deemed to have approved such exceprions. If Buyer disapproves any tide exceptions, City shall have a ten (]0) day period after its receipt of Buyer's written nodce of disapproval of the same within wlrich to provide written notice to Buyer as to which of such disapproved ride exceprions the City will remove (or cause to be removed) &om tide; provided, however, that City shall not be required to actually remove such excepdon(s) until Closing. If, for any reason, City's notice given pursuant to the immediately preceding sentence does not covenant to remove all of Bnyer's disapproved title exceptions at or prior to Closing, Buyer shall have the right to terminate this Agreement by written notice to City and Escrow Agent given within ten (10) days after the eazlier of the expiration of such ten (10) day period or the date City informs Buyer t6at it does not urtend to remove the disapproved items (the Termination Notice'. Buyer's failure to deliver the Termination Notice within such ten 10) day period shall be deemed Buyer's approval of any such previously disapproved title exception. If Buyer delivers the Termination Notice withinsuch ten (10) day period, the obligation of City to sell, and Buyer to buy, the Property as hecein provided shall terminate and the Deposit shall be retumed to Buyer. Buyer shall have the option to waive the condition precedent set forth in ttris Section 6.2 by written notice to Seller. In the event of such waiver, such condition precedent shall be deemed satisfied. 63 Permitted Exceptions. In addition to such other exceptions to tide as may be approved by Buyer pursuant to the provisions of Section 6.2 above, Buyer shall accept title to the Property subject to the following(collectively,the "Permitted Exceptions"): 63.1 The printed exceptions which appear in the ALTA (Form 1970B) form eactended coverage owner's policy of tifle insurance issued by Tide Company in the State of Washington; and items created by, or on behalf of, Buyer. 6.4 No New Leases or Contracts. Prior to Closing, City shall not enter into any new leases, contracts or agreements affecting the Property without the prior written consent of Bnye=, except ihe City may enter into interim contracts or ageements in connection with the management, maintenance,repair or preservation of the Property in the normal coiuse of business if each such contract or agreement expires or is ternrinated at or prior to Closing. 7.Buyer's Right of Entry. Buyer, and its agents and consultants, at Buyer's sole expense and risk, may enter the Property during the term of this Agreement at reasonable times scheduled in advance with City for the purpose of Buyer's due diligence study of the Property. Buyer shall (a) exercise care at all times on or about the Property, and (b) take precautions for the prevention of injury to persons or damage to properiy on or about the Property. Buyer shall keep the Property free &om all mechanics', materialmen's and other liens, and all claims thereof, arising from any work or labor done, services performed, or materials and supplies fumished in with Buyer's actions in the exercise of City of Auburn/Auburn Professional Plaza, LLC 5.10.13 Page 4 of 16 RES.I Page 132 of 144 its right of entry on the Property, and Buyer shall indemnify and defend City against and hold City haimless from all such liens and claims. 8.Closing. 8.1 Time for Closing. This pwchase and sale shall be closed in the office of Escrow Agent on the Closing Date. Buyer and City shall deposit in Escrow with Escrow Agent all instrumenu, documents and monies necessary to complete the sale in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow insuuctions shall be deemed, for purposes of this definition,as available for disbursement to City. 8.2 Closing Cosu. 8.2.1 City Costs. City sha11 pay (a) the City's share of proradons, if any and, (b) any commissions due on the sale. This sale is exempt from real estate excise taxes undet V ashington Administrative Code Sectioa 458-61 A-205. 8.2.2 Buyer's Costs. Buyer shall pay (a) all escmw fees and costs, (b) the recording fees for the Deed, (c) Buyer's share of prorations, if any and, (d) all premiums charged for basic-and extended coverage for the Tide Policy and any additional endorsements or covetage Buyer may require, including applicable sales tax. 8.23 Other Costs. Buyer and City shall each pay its own legal fees and fees of its own c.onsultants. All other costs and expenses shall be allocated between Buyer aad City in accordance with the customary practice of King County, Washington. 8.3 Real Property Taxation. Ciry shall be responsible for all real property taxes due and owing prior to the Closing. 8.4 Closing Documents. 8.4.1 City's Documents. At Closing, City shall deliver to Escrow Agent the following instnunents and documents: 8.4.1.1 The executed and aclmowledged Deed in the form attached hereto as E ibit"A,"conveying the Property to Buyer; 8.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and 8.4.1.3 An executed nonforeign person affidavit in the form required under Section 1445 of the Internal Revenue Code. 8.4.1.4 All assig able construction, equipment, and supplier warranties pertaining to Unit 380. City of AuburnlAuburn Professional Plaza, LLC 5:10.13 Page 5 of 16 RES.I Page 133 of 144 8.4.2 Buyer's Documents. At Closing, Bnyer shall deliver to Escrow Agent the following funds, instruments and documents: 8.4.2.1 The balance of the Purchase Price in accordance with Section 3; 8.4.2.2 The executed real estate excise tax affiilavit referenced in Section 8:4.1.2 above. 8:5. Possession. Buyer shall be entided to possession of the Property upon Closing. 9.Title Insurance. As soon as available after Closing, City sha1T provide to Buyer the Tide Policy,dated as of the Closing Date, su6ject only to the Permitted Excepdons. 10. Conditions to Closing. 10.1 Buyer's Conditions to Closing. Notwithstanding anything to the conuary set forth herein, Buyer's obligation to close hereunder is expressly subject to satisfaction orwaiver by Buyer in writing of each of the following condidons: 10.1.1 The Seller's desigiation of the Property as "surplus" and its authorization to sell the Property. 10.1.2 Seller's representation that the tliird party's rights to purchase the Property under the Ceradimm ROFR have been waived or terminated. 102. Seller's Conditions to Closing. Notwithstanding anything to the contrary set forth herein, Seller'sobligation to close hereunder is expressly subject to satisfaction or waiver by Seller in writing of each of the following condidons: 10.2.1 Buyer's completion, at its own cost and expense, for all tenant improvements requi=ed to relocate employee space and break room into another portion of the City- owned Condominium Units. The City has the sole right to approve the design and construction of these tenant improvements associated with the relocation of the employee space and break mom. CITY REPRESENTS AND BUYER SPECIFICALLY ACKNOWLEDGES THAT CONSTRUCTION OF THESE REPLACEMENT TENANT II IPROVEMENTS IS NOT SUBJECT TO WASHINGTQN STATE LAW REGARDING PUBLIC WORKS. THEREFORE, THE TENANT IMPROVEMENTS ARENOT SUBJECT TO COMPETITIVE BID, PREVAILING WAGE,BONDING, AND RETAINAGE REQUIREMENTS. BUYER MUST GUARANTEE PAYMENT FOR ALL SUBCONTRACTORS AND MATERIALMEN BY DEPOSTTING WI'I'H THE CITY, AT THE TIME OF City of Aubum/Aubum Professional Plaza, LLC 5.10.13 Page 6 of 16 RES.I Page 134 of 144 PERNIIT ISSUANCE,A PAYMENT AND COMPLETION GUARANTEE IN THE AMOUNT OF TWO HUNDRED PERCENT (200%) OF THE ESTIMATED COSTS OF THE TENANT IMPROVEMENTS. THIS GUARANTEE-SAALL BE ADDED TO AND CONSIDERED TO BE "EARNEST MONEY" UNDER SECTION 5 OF THIS AGREEMENT. ADDITIONALLY, BUYER AGREES TO DEFEND, INDENINIFY, AND HOLD THE CITY HARMLESS AGAINST ALL CLAIMS RELATED TO THE TENANT II1 IPROVEMENTS. 10.2.2 Approval by the Board of the One Main Street Professional Plaza Owner's Association to amend the Condominium Declaradons and Survey to reallocate the 3rd floor Terrace limited common element to Unit 300 and to clearly allocate the cuaently- combined pazking spaces desigiated as limited common elements for parking in the MePs Lot" specifically to and among Units 200, 300, and 380. All documents required to amend the condominium declarations abd survey sha11 be prepared by and paid for by Buyer. 10.23 Buyer's payment for all other costs associated with relocating City employees and equipment out of Unit 380. Seller shall submit invoices not later than 30 days after Unit 380 is vacated.. 11. Representations and Warranties. 11.1 City's Representations and Warranties. In addition to any other representstions or warranties of City elsewhere in this Agreement, City represents and warrants to Buyer now,and as of the Date of Closing,that: 11.1.1 Authority. City, and the person signing on behaif of City, has full power and authority to execute this Agreement and perform City's obligations hereimder, and all necessa;y action to authorize this transaction has been talcen, except as specifically provided herein. 11.1.2 Hazazdous Substances. City has not received notification of any kind from any governmental agency suggesting that the Property is oz may be targeted for a Hazardous Substances cleanup; to the best of City's lmowledge the Property has not been used (a) for the:storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic, dangerous; hazazdous or biological waste or substance (collectively, "Hazardous Substances"), or (b) as a landfill or waste disposal site; to the best of City's lmowledge the Property has not been coataminated with any Hazardous Substances; and to the best of City's knowledge,there are no undergrouad storage tanks on the Property. 11.2 Buyer's Representations and Wazranties. In addition to any other representations and wananties of Buyer elsewhere in this Agreement, Buyer represents and warrants to City of Aubum/Auburn Professional Plaza, LLC 5.10.13 Page 7 of 16 RES.I Page 135 of 144 Ciry now, and as of the Date of Closing, that (a)Buyer has full power to execute, deliver and carry out the terms and provisions of tlris Agreement, and has taken all necessary action to authorize the execution, delivery and performance of this Agreement; and (b) the individual executing this Agreement on behalf of Buyer has the authority to bind Buyer to the terms and conditions of this Agreement. 113 "AS IS" CONDITION OF PROPERTY. TF PURCHASE PRICE REFLECTS THAT Tf PROPERTY IS BEING PURCHASED BY BUYER ON AN "AS IS" WHERE IS" AND "WITH ALL FAULTS" BASIS, EXCEPT TO 'TI-IE EXTENT OF REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER HEREIN OR IN 'fHE DEED OR OTI R DOCUMENTS TO BE DELIVERED BY CITY AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRNILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANfS, WHETF R EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY CITY OR ITS REPRESENTATNES, INCLUDING BUT NOT LIMITED TO ANY BROKER, EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTHIN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. EXCEPT TO TF EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE E}CUTED AND DELNERED BY CITY AT CLOSING, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, AND CITY EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRAN'TIES WITH RESPECT TQ AND SHALL HAVE NO LIABILITY FOR: (n TEIE CONDITION OF TI PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS LOCATED TI REON OR Tf SUITABILITY TF REOF FOR HABITATION, OCCUPANCY OR FOR BUYER'S INTENDED USE OR FOR ANY USE WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH OR WITH RESPECT TO Tf EXISTENCE OF OR COMPLIANCE WTfH ANY REQUIRED PERMITS, ff ANY, OF ANY GOVERNMENTAL AGENCY; (IIn Tf AVAILABILITY OR EXISTENCE OF ANY VJATER, SEWER OR UTILI'TIES,.ANY RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV) ACCESS TO ANY PUBLIC OR PRNATE SATIITARY SEWER SYSTEM; ( TI-IE FACT THAT ALL OR A PORTION OF TI-IE PROPERTY MAY BE LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE; OR(VI) EXCEPT AS SPECIFICALLY SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS SUBSTANCES IN ANY IMPROVEMENTS ON Tf PROPERTY, INCLUDING WITHOUT LIMTfATION ASBESTOS OR FORMALDEHYDE, OR TE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIAI,S ON OR UNDER THE PROPERTY. WITHOUT LIMITING TI GENERALITY OF TI FOREGOING, EXCEPT TO TI EXTENT OF ANY REPRESENTATIONS OR City of Aubum/Aubum Professional Plaza, LLC 5.10.13 Page 8 of 16 RES.I Page 136 of 144 WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING, CITY SHALL HAVE IVO LIABILITY TO BUYER WITH RESPECT TO Tf CONDITION OF THE PROPERTY UNDER COMMON LAW, OR ANY FEDERAL, STATE,OR LOCAL LAW OR REGULATTON, INCLUDING BUT NOT LIMITED TO Tf COMPREHENSIVE ENVIItONMENTAL RESPONSE, COMPENSATION AND LIABII.TI'I' ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ., AND 'IT-IE WASHINGTON MODEL TOXICS CONTROL ACT ("MTCA', RCW 70.1O5D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS WHICH Tf BUYER HAS OR MAY HAVE AGAINST CITY UNDER ANY OF TI FOREGOING LAWS OR WITH RESPECT TO THE CONDITION OF THE PROPERTY, EXCEPT TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE ARISING FROM ANY EXPRESS REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY UNDER THIS AGREEMENT OR ANY DOCiJMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. BUYER ACKNOWLEDGES TO CITY THAT BUYER IS GIVEN T!-IE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT TF PROPERTY AND BUYER ASSUMES Tf RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO TF EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE. BUYER: CITY: IF A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT OR OTf R ENVIRONMENTAL STUDY OR REPORT (COLLECTIVELY, Tf "PHASE I REPORT") HAS BEEN DELIVERED BY CITY TO BUYER, THEN, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BY CLOSING THE TRANSACTION AS CONTEMPLATED HEREIN, BUYER AGREES THAT, EXCEPT TO TF EXTENT EXPRESSLY CONTRARY TO ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY SET FORTH IN THIS AGREEMENT: (A) BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL RISK ASSOCIATED WITH ADVERSE PHYSICAL CHARACTERISTICS AND EXISTING ENVIRONMENTAL CONDITIONS THAT MAY OR MAY NOT HAVE BEEN REVEALED BY CITY'S INVESTIGATION OF TI3E PHASE I REPORT,.AND B) AS BETWEEN CITY AND BUYER, BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL COSTS AND LIABILITIES ASSOCIATED IN ANY WAY WITH TI-IE PHYSICAL AND ENVIItONMENTAL CONDITION OF Tf PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT CITY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING TE TRUfH, ACCURACY OR THOROUGHNESS OF TI INVESTIG:ATION, PREPARATION OR CONTENT OF Tf PHASE I REPORT, OR TI COMPETENCE OR ABILITY OF THE PERSONS OR COMPANIES PREPARING SUCH REPORT. BUYER AGREES THAT, BY CLOSING THE TRANSACTION CONTEMPLATED HEREIN, BUYER WILL HAVE HAD AN OPPORTUNITY TO REVIEW THE ABOVE REPORT PRIOR City of Aubum/Aubum Professional Plaza, LLC 5.10.13 Page 9 of 16 RES.I Page 137 of 144 TO THE CLOSING DATE IN ORDER TO MAKE AN INDEPENDENT VERIFICATION OF THE INFORMATION CONTAINED TF REIN, AND THAT BUYER AND ITS ENVIRONMENTAL CONSULTANTS WILL HAVE HAD AN OPPORTUNITY TO CONDUCT TESTS ONTHE PROPERTY. 12. Maintenance of Property; Risk of Loss,Condemnation. 12.1 Maintenauce of Property. Fmm the date of ttus Agreement until the Closing Date or any earliet termination of this Agreement), City agrees to maintain the Property in substantially the same condition existing as of the date hereof, ordinary wear and tear, damage by casualty excepted. 12.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on the Property shall be borne by Seller at all times and no event of casualty or damage shall affect the parties' obligations hereunder or the Purchase Price, however,Buyer shall have the right to receive any insurance proceeds due City in connection with any casualty or damage and City hereby covenants to maintain commercially reasonable casualty insurance in place with respect to the Property at all times prior to Closing. City shall promptly notify Buyer of any condemnation or eminent domain proceeding which affects the Property, and City covenants and agrees not to commence or pursue any such action. In the event of any coademnation or eminent domain proceeding by any entity other than City, or a deed in lieu or under threat thereof, wluch affects a material portion of the Property> Buyer may elect either to terminate this Agreement, or to purchase the Property in the condition existing on the Closing Date without adjustment of the Purchase Price. If Buyer elects to terminate this Agreement, the Deposit shall be returned to Buyer. If Buyer elects to purchase the Property, City shall not be liable to restore same, and Buyer shall be entitled to any condemnation award or payment in lieu thereof payable to City in its capacity as the owner thereof. 13. Default. 13.1 Time of Essence. Time is of the essence of this Agreement. 13.2 City's Remedies for Buyer's Default or Failure to Close. If Buyer fails, without legal excuse, to complete the purchase of the Property in accordance with tlris Agreement, City's sole and exclusive remedies shall be to retain the Deposit as liquidated damages. Buyer expressly agrees that the retention of the Deposit by City represents a reasonable estimation of the damages in the event of Buyer's default and failure to close hereunder, that actual damages may be difficult to ascertain and that tkris provision dces not constitute a penalty. In this respect, Buyer and City acknowledge that these damages have been speciScally negotiated between Buyer and City and aze, inter alia, to compensate City for delaying the eventual sale of the Property and to compensate City or its costs and expenses associaYed with this Agreement. Buyer hereby waives the rights and benefits of any law, rule, regulation or order now or hereafter e cisting that would City of Aubum/Auburn Professional Plaza, LLC 5.10.13 Page 10 of 16 RES.I Page 138 of 144 allow Buyer to claim a refund of the Deposit as uneamed eamest money, a penalty or for any other reason except default by City. 133 Buyer's Remedies for City's Default. If City fails to complete the sale of the Property in accordance with this Agreement, Buyer shall have and may enforce the following exclusive remedies: (a) seek specific performance; (b) terminate tlris Agreement, receive a refund of the Deposit and recover from City all of Buyer's actual third-party costs and expenses incurred by it in connection with the transaction and the Project; or(c) seek rescission of this Agreement and receive a refund of the Deposit. 14. Notices. All nofices, demands and other communications required or permitted to be given-hereunder shall be in writing, and shall be sent by personal delivery (including by means of professional messenger or courier service) or registered or certified mail, postage-prepaid, return-receipt requested, ot by email az the addresses proVided herein. Notice shall be deemed to have been given if personally delivered or sent by email, upon receipt, if sent by mail, two (2) days after duly deposited in the U.S. Mail to all of the addresses designated for such party. The parties' respective addresses for notices are as follows: If to City: City of Auburn Planning& Development Department 25 West Main Street Aubum, WA 98001-4998 Attn: Planning Manager Email: echamberlainna,aubumwa.eov With copies to: City Attorney's Office Ciry of Auburn 25 West Main Street Auburn, WA 98001-4998 Attn: City Attorney Email: serossCa aubumwa.eov; dheidna auburnwa.eov If to Buyer: Auburn Professional P1a7a, LLC P.O. Box 1294 Auburn, WA 98071-1294 Attn: Jef&ey Oliphant, President Email:,j1o55Cg,aol.com With copies to: Auburn Professional Plaza, LLC City of Auburn/Auburn Professional Plaza, LLC 5.10.13 Page 11 of 16 RES.I Page 139 of 144 c/o Michael John Klein, CPA 5743 Corsa Avenue, Suite 216 Westlake Village, CA 91362 Anthony Rafel, Esq. Rafel Law Group; PLLC 600 University SUreet, Suite 2520 Seattle, WA 98101 Notice of change of address shall be given by written notice in the manner de[ailed in ttris Section 14. 15. General. 15.1. Entire Agreement. This is the entire agreement of Buyer and Ciry with respect to the matte;s covered hereby and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and City. Any waivers herennder must be in writing. No waiVer of any right or remetly in the event of ilefanit hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default This Agreement sBall be governed by the laws of the State of V ashington. Venue for disputes under this agreement shall lie with the Superior Court of King County, Washington. 15.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of the parties hereto and shall inure to the benefit of and bind the heus, personal representatives, successors and permitted assigns of the parties hereto. The invalidity or unenforceability of any provision of this. Agreement shall not affect the validity or enforceability of any other provision hereof. 'This Agreement may be executed in counterparts, each of wlrich shall be deemed an original, but all of which together shall constitute one and the same instrument. 15.3 Buyer waives its right to receive a resale certificate as provided for in RCW 6434.425. 15.4 Buyer waives its right to receive a Commercial Seller's Disclosure Form as provided for in RCW 64.06.010(7). 16. Commissions. City represents to Buyer that City has engaged a broker; agent or finder in connection with the negotiations leading to tlris Agreement. Buyer reprgsents to City that Buyer has not engaged or in any way dealt with any broker, agent or finder in connection with the negotiations leading to this Agreement The City will be responsible for commissions to be paid to its brbker. OtlieI than as specified in this ag=eement, each party hereby agrees to indemnify, defend and hold the other party hazmless &om and City of Au6um/Auburn Professional Plaza, LLC 5.10.13 Page 12 of 16 RES.I Page 140 of 144 against any claims for broker's, agenYs, or finder's fees or commissions arising &om or through the actions of the indemnifying party. 17. Attomeys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, ihe prevailing pazry therein shall be entided to recover&om the other party such sum as the Court may adjudge reasonable as attomeys' fees, inciuding fees incurred at trial,on any appeal and in_any petition for review. 18. Exclusivity. During the term of this Agreement City shall not market nor list the Property for sale, nor accept any offers fiom third parties with respect to sale of the Property. 19. Reservation of Police Power. Notwithstanding anything to the contrary set forth herein, Buyer understands and aclmowledges that the City's authority to exercise its police (regulatory)powers in accordance with applicable law sha1T not be deemed limited by the provisions of tlus Agreement. 20. City Cauncii Approval. The Buyer aclaiowledges that this Agreement does not bind the City of Auburn until the City Council approves the Purchase Agreement.and the Mayor executes the Agreement. 21. Licensing Disclosure. Buyer hereby discloses to City that Jeffrey Oliphant, President of Buyer, is the managing broker, designated broker and president of a Washington licensed real estate brokerage firm that is not involved with this transaction. City of Aubiun/Aubum Professional Plaza, LLC 5.10.13 Page 13 of 16 RES.I Page 141 of 144 21. Exhibits. Extubit A attached hereto is incorporated herein as if fully set forth. SIGNED in duplicate original as of the date first above written. CITY OFAUBURN AUBURN PROFESSIONAL PLAZA, LLC By Peter B. I.ewis, Mayor Jeffrey Oliphant, President Attest:. Title Danielle Daskam, City Clerk Approv as to form: D ' i Attom EI{ITS Exhibit A, Warranty Deed City of AuburnlAubum Pmfessional Plaza, LLC 5.10.13 Page 14 of 16 RES.I Page 142 of 144 Rehun Address: Ciry of Aubum City Clerk 25 West Main Auburn,WA 9800] Above this line reserved for rocording information. WARRANTY DEED Reference#(if applicable): N/A GrantorBorrower: City of Auburn Grantee/Assignee/Beneficiary: Aub an Professional Plaza,LLC Legal Descriprion/STR: Unit 380 of Lot 1,City of;4uburn Boundary Line Adjustrnent No. BLA0019,recorded under recording number20091124900003,records of King County, Washington Assessor's Tax Parcel ID#: For and in consideration of the.sum of TEN DOLLARS ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor, the City of Anburn, a municipal corporation of ihe State of Washington, hereby conveys and warrants to Anburn Professional Plaza, LLC, Grantee herein, its successors and assigns, the property legally described and depicted in Eachibit "A," attached hereto and incorporated herein by this reference (the"Properry'. IN WITTTESS WHEREOF,the parties have caused this instrument to be executed by its proper officer(s)this day of 2013. G2antor: T6e City of Aubnrn By: Iu: Mayor Date Signed: City of Aubum/Aubum Professional Plaza, LLC 5.10.13 Page 1 S of 16 RES.I Page 143 of 144 STATE OF ss. Counry of STATE OF WASHINGTON ) ss. County of King I certify that I Imow or have satisfactory evidence that PET'ER B. LEWIS is the.person who appeared before me,and said person acknowledged that he/she signed this inshwnent,on oath stated that he was authoriied 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 this inswment Dated Notary Public in and for the State of residing at My appointment expires City of Aubum/Auburn Professional Plaza, LLC 5.10.13 Page 16 of 16 RES.I Page 144 of 144