HomeMy WebLinkAboutAuburn Properties, Inc. A /2, 169
AGREEMENT BETWEEN
THE CITY OF AUBURN AND AUBURN PROPERTIES, INC.
FOR CONSTRUCTION OF SOUTH 277th STREET IMPROVEMENTS
This Agreement is entered into on the Z.454- day of A✓4 2013 between the City of
Auburn. a Washington Municipal Corporation I-City ') and Auburn Properties, Inc. a
Washington Corporation ( `Developer ') to govern the parties responsibilities for the dedication
of right-of-way and construction of associated improvements on S 277th Street. The street
improvements to S 277th Street will generally be located from Auburn Way North to L Street
NE.
References:
o The Auburn Gateway Project Development Agreement dated December 22. 2011
adopted by City Resolution#4756
o Exhibit 1 —Northeast Auburn Special Area Plan and Auburn Gateway Planned
Action Ordinance #6382
o Northeast Aubum/Robertson Properties Special Area Plan Environmental Impact
Statement (EIS). July 30, 2004 (and any addenda thereto)
o Adopted Northeast Auburn/Robertson Properties Special Area Plan (Ordinance#
6394).
1. Recitals.
1 1 The City s adopted 2014—2019 Transportation Improvement Plan ("TIP' ) contains TIP
project #6 for improvements along S 277th Street, herein alter referred to as the Project'
1.2 'Ibis Agreement is related to the approximately 70 acres included in the Auburn Gateway
Project as described in the Northeast Auburn/Robertson Properties Special Area Plan DS, issued
by the City on July 30, 2004 (and any addenda thereto) and the adopted Northeast
Auburn/Robertson Properties Special Area Plan.
1.3 The above-referenced Developer s proposed Auburn Gateway Project, herein after referred
to as the 'Gateway Project, requires improvements to S. 277th Street.
1 4 As contemplated by Section 9 of the Development Agreement. the parties anticipated
working together to obtain funding for these street improvements.
1.5 The parties intend this agreement to supplement and clarify but not to supersede. unless
specifically stated, the Development Agreement.
2. Agreement.
2.1 Description of the Project
S 277`h Street Improvements
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The Project s proposed scope of work consists of the environmental permitting /processing,
right-of-way (ROW)/property acquisition, design. and construction of the major roadway
widening of S. 277th Street from Auburn Way North to L Street NE.
The Project consists of adding two new eastbound through vehicle lanes. one new west bound
through vehicle lane, a separated non motorized pedestrian trail. street lighting improvements.
streetscaping improvements, storm drainage improvements, Intelligent Transportation System
improvements. intersection capacity and safety improvements. and auxiliary turn lanes at Auburn
Way North, D Street NE, and 1 Street NE. The scope of work will also include all surface street
and underground infrastructure improvements (including foundation systems) for a future new
traffic signal at the intersection of I Street NE with S. 277th Street, Project length is
approximately 3,300 linear feet.
2.2 Developer s Responsibilities
2.2.1 Designate a primary contact person representing the Developer to coordinate the proposed
Gateway Project with the Project. Such coordination shall include permitting, property
acquisition. design, and construction activities associated with the Project.
2.2.2 Recognizes the need to meet City requested Project deadlines requiring inputs and reviews
from the Developer Such requests from the City shall not he unreasonable in nature.
2.2.3 Dedication of all rights-of-way reasonably required for S 277`h ST frontage roadway
improvements directly abutting the Developer s property (collectively the 'Developer Rights-of-
Way '), dedication of properties reasonably required for storm drainage detention and treatment,
and for stream mitigation reasonably required to construct the Project (collectively the
'Developer Storm Drainage Detention and Stream Mitigation Property '). Prior to the City
advertising the Project for construction bids, the City will identify the specific locations of the
Developer Rights-of-Way and the Developer Storm Drainage Detention and Stream Mitigation
Property (collectively the 'Developer No-Cost Dedication Property '). The locations of the
Developer No-Cost Dedication Property shall be subject to the reasonable approval of Developer
in all cases and are currently estimated to be valued at $1,300,000 In addition, the dedications
of the Developer No-Cost Dedication Property shall be at no cost to the City The dedication
documents for the Developer No-Cost Dedication Property shall be in a form reasonably
acceptable to Developer and executed and returned to the City no later than 20 calendar days
after receipt of a written request and final, agreed-upon dedication documents from the City
2.2.4 Identify any Developer property other than the Developer No-Cost Dedication Property
that may be available for the City to purchase for Project related wetland mitigation and stream
mitigation.
2.2.5 Provide to the City a cash contribution of 20% of the Project construction costs in an
amount not to exceed One Million Dollars ($1,000.000 00). Prior to the City advertising the
Project for construction bids, the Developer shall provide the City with a financial guarantee
such as a bond. a guaranty from an affiliate of the Developer or an irrevocable letter of credit in
the amount of 20% of the Project construction costs in an amount not to exceed One Million
S. 277th Street Improvements
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Dollars ($1.000,000 00) to ensure the City that funds will be available for construction. the form
of which must be reasonably approved by the City The amount of the financial guarantee shall
be proportionally reduced over time in amounts equal to the Developer s paid invoices and for
any offset amounts credited to Developer set forth in Section 2.4.3 below The City shall
provide Developer a monthly invoice equal to the Developer s proportional share of the monthly
Project construction costs. The invoices shall be documented to the reasonable satisfaction of
the Developer Properly documented invoices shall he paid by the Developer (whether by a draw
down of a letter of credit or otherwise) within thirty (30) days of receipt by the Developer
Notice of any potential dispute regarding such payment request shall be made in writing within
the same time period, and Developer shall not he required to pay any invoice during a dispute of
same. At the completion or termination of the Project. the City will provide the Developer a
final accounting of the funds expended that may be disputed by Developer in writing within 90
days of receipt of such final accounting
2.2.6 For the avoidance of doubt. the Developer shall have no obligation or liability in
connection with the construction of the Project.
2.3 City s Responsibilities
2.3 1 Designate a project manager responsible for the management and administration of the
Project. The project manager shall also coordinate the Project with the Gateway Project.
including the location of properties for storm drainage detention and treatment needed to
construct the Project
2.3.2 Manage permitting, property acquisitions. design, and construction activities associated
with the Project.
2.3.3 Except for the Developer No-Cost Dedication Property the City will pay fair market value
compensation for any wetland and/or stream mitigation property acquired from the Developer for
the Project.
2.3 4 Develop legal descriptions and property conveyance documents.
2.1.5 Administer Project funding including grants and the Developer s contributions.
2.3 6 Notify Developer of intent to advertise for construction bids at least thirty (30) days in
advance of proposed advertisement date.
2.3 7 As part of the dedication process for the Project identified in Section 2.2.; above. if the
City identities any construction permit(s) and/or easements as needed to complete the Project,
the City will enter into the appropriate documents with Developer (in a form reasonably
acceptable to both parties) that will provide for among other things; (i) access to certain portions
of Developer s property that are reasonably required to enable the City or its agents to complete
the Project and (ii) the indemnification of Developer by the City against claims and losses arising
from acts and omissions by the City or its agents in connection with the Project.
S. 277`h Street Improvements
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2.4 Effect of this A =regiment on the Develo ment A'reement and Northeast Auburn Special
Area Plan
2.4 1 Subject to the City s completion of the Project, the parties agree that Developer's
participation in this Agreement will serve as their full compliance with all City requirements
associated with the Developers S. 277°' Street mitigation conditions stated in the Northeast
Special Area Plan except for the completion of a traffic signal at the intersection of S 277th
Street and I Street NE.
2.4.2 The Developer s cash and right-of-way contribution (dedications) under this Agreement do
not exceed the anticipated required improvements for S 277th Street under the Development
Agreement. Therefore. these contributions do not entitle the Developer to a Transportation
Impact Fee credit under Chapter 19 04 of the Auburn City Code.
2.4.3 Sections 9(b) and 9(e) of the Development Agreement states that the City 'will reimburse
[the Developer] from such other mitigation fees it has or may collect for other developments in
the area towards public street improvements that overlap with [the Developer s] required
improvements. The parties agree that if the City collects any additional mitigation fees for S
277th St improvements, the City shall expend those mitigation fees on this Project in lieu of
paying them directly to the Developer Any new mitigation fees so expended shall proportionally
offset the Developer s cash contribution to the Project.
2.4 4 Because the utilities to he installed as part of this Project do not exceed the anticipated
required improvements for S. 277th Street under the Development Agreement, neither the City or
the Developer may apply for a utility payback agreement under Chapter 13 40.060 of the Auburn
City Code for these improvements based on either the cash contribution or the value of the right-
of-way dedication. Additionally the Developer shall not be entitled to a system development
charge credit based on either the cash contribution or the value of the right-of-way dedication.
CI' Y O `jair AUBURN PROPERTIES INC.
Peter . Lewis. Mayor Name. mu .4 . ,,,,■, As y,
Title: VLX, 1be C
Attest:
Danielle E. Daskam, City Clerk
Appr r ' as A�n. 1
./ S`— - A .
• re B. eid. -ity rttorney
S. 277`h Street Improvements
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