HomeMy WebLinkAbout5015 RESOLUTION NO. 5 0 1 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A SETTLEMENT
AGREEMENT BETWEEN THE CITY OF AUBURN AND
DONOVAN BROTHERS COMMERCIAL CONSTRUCTION
FOR TRAFFIC IMPACT FEE CREDITS
WHEREAS, the original Auburn Marketplace Development was subject to SEPA
review, which review identified certain traffic impacts and proposed traffic mitigation
measures, and
WHEREAS, among the proposed traffic mitigation measures were certain traffic
control improvements and an anticipated Transportation Impact Agreement; and
WHEREAS, through no fault of the current developer, Donovan Brother's
Commercial Construction (hereinafter referred to as Donovan's) of the Revised Lot B of
the Auburn Marketplace Development, the Transportation Impact Agreement was never
executed, though certain traffic improvements were made to the City street
infrastructure in the vicinity of the development by the original developer; and
WHEREAS, in 2001, after the SEPA review of the Auburn Marketplace
Development, the City adopted a new section to its City Code relating to Transportation
Impact Fees (TIF), and
WHEREAS, the City's TIF Code allows the City to off-set traffic impact fees by
the value of any off-site arterial system capacity participation that the developer either
accomplishes or financially participates in, and
WHEREAS, Donovan Brother's disputed the amount of TIF calculated based
upon their specific project; and
WHEREAS, the City has determined that it would be reasonable and fair to apply
as TIF credits, on a pro-rata basis, the current value of the 10th Street NE & D Street
NE signalized intersection estimated at $425,000 00 that was installed by the original
developer between the three remaining parcels, and
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Resolution No. 5015
December 2, 2013
Page 1 of 2
WHEREAS, the City and the current developer wish to resolve their disputes
related to the Traffic Impact Fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Agreement between the City and Darrel Donovan, on behalf of Donovan Brothers
Commercial Construction, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference.
Section 2. That the Mayor is authorized to implement such administrative
procedures and execute such documents as may be appropriate to carry out the
intentions and directives of this legislation
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon
Dated and Signed this �� day of CCMk'--J 12013
ITY OF
ATTEST'^\ n o PETER B LEWIS, MAYOR
Danielle E. Daskam, City Clerk
APP ED AS TO FORM:
Z )U
niel B , it ttorney
----------------------------
Resolution No 5015
December 2, 2013
Page 2 of 2
SETTLEMENT AGREEMENT FOR CREDITS FOR
TRAFFIC IMPACT FEES AUBURN MARKETPLACE DEVELOPMENT
THIS SETTLEMENT AGREEMENT is executed this �Qlda\ day of December
2013, by and between the City of Auburn ("City'), and Darrell Donovan, on behalf of
Auburn Market, LLC, and their predecessors, successors, agents, and assigns.
RECITALS
WHEREAS, Auburn Market, LLC is the developer of a portion of the Auburn
Marketplace Development described as "Revised Lot B " As part of the development,
the City has assessed traffic impact fees ("TIF") as required by Chapter 19 04 of the
Auburn City Code. Donovan has contested the amount of the proposed TIF.
WHEREAS, the original Auburn Marketplace Development, generally described
as those lots located 180 feet South of 15th Street N.E., East of"A" Street N E., North of
10th Street N.E., and West of "D" Street N.E., was subject of a transportation impact
review as a part of the development's SEPA (State Environmental Policy Act) review,
which review identified certain traffic impacts from the development and proposed traffic
mitigation measures, including:
Improvements to the perimeter access streets and installing a new Traffic signal
at 10th & D Street NE; and
Participation in some six off site Capacity projects at various locations on the
arterial system;
and
WHEREAS, among the proposed traffic mitigation measures were certain traffic
control improvements and an anticipated Transportation Impact Agreement; and
SETTLEMENT AGREEMENT FOR TIF CREDITS
AUBURN MARKETPLACE DEVELOPMENT
Page 1
WHEREAS, through no fault of the current developer of the Revised Lot B of the
Auburn Marketplace Development, the Transportation Impact Agreement was never
executed, though certain traffic improvements were made to the City street
infrastructure in the vicinity of the development by the original developer; and
WHEREAS, there are now three remaining undeveloped properties that were
approved by the City in the Development Application for SEP-0020-98; and,
WHEREAS, the City's TIF came into effect in 2001 after the SEPA determination
and became a new code requirement for all properties before issuance of the building
permit; and
WHEREAS, Chapter 19 04 ACC allows the City to credit the TIF assessed
against a developer with the value of any off-site arterial system capacity participation
that the development either accomplishes or financially participates in, and
WHEREAS, the City has determined that it would be reasonable and fair to share
on a pro-rata basis between the remaining three parcels the current value of the 10th
Street NE & D Street NE signalized intersection (estimated at $425,000 00) that was
installed by the original developer; and
WHEREAS, the City has determined that the most equitable manner of
distributing this pro-rata share is to utilize the actual and/or approved building areas of
each of the three undeveloped parcels that were included in the approved application
for SEP-0020-98, applying the same approach to Auburn Market, LLC and to the
owners of the other two undeveloped lots of the Auburn Marketplace Development.
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES as
follows:
SETTLEMENT AGREEMENT FOR TIF CREDITS
AUBURN MARKETPLACE DEVELOPMENT
Page 2
1 APPLICATION OF TIF CREDITS FOR AUBURN MARKETPLACE
DEVELOPMENT There are three remaining properties within the development
approved by SEP-0020-98 that are subject to Traffic Impact fees (TIF) The City has
determined that for consistent and equitable treatment among the three undeveloped
lots that are subject to payment of traffic impact fees, the settlement for crediting Auburn
Marketplace Traffic Impact Fees for off-site improvements will also include the
remaining two undeveloped parcels in the same manner
The TIF credit shall be calculated as follows.
The total TIF due for Revised Lot B of the Auburn Marketplace [LLA 01-0006] is
$230,407.26, calculated per the TIF Code.
The pro rata share of the TIF credits for said Revised Lot B and the other
undeveloped lots shall be calculated with the following percentages and credit
amounts.
Parcel ID LLA SEPA/ActualArea Pro Rata Share TIF Credit
Lot B 01-0006 37,480 Sq Ft 4031 % $171,316.00
Lot D-1 01-0029 36,500 Sq Ft 39.26 % $166,83700
Lot E-22 04-0016 19,000 Sq Ft 20.43 % $ 86,847 00
Totals 92,980 Sq Ft $425,00000
This would result in an adjusted TIF for Revised Lot B of the Market Auburn
Marketplace Development of $59,091. ($230,407.26 minus $171,316 00 equals
$59,091.26 )
2. Full release and settlement. The parties intend that this agreement shall
fully settle all disputes between them, including, without limitation, all claims,
counterclaims, and all disputes arising out of or related in any way to the assessment of
transportation impact fees.
SETTLEMENT AGREEMENT FOR TIF CREDITS
AUBURN MARKETPLACE DEVELOPMENT
Page 3
3 Understanding of Agreement. The executing parties represent and warrant
that, before signing this Agreement, each party read the Agreement. The executing
parties further represent and warrant that by reading and executing this Agreement they
understand this Agreement The executing parties also separately and respectively
represent and warrant that they have had the Opportunity to review this Agreement with
their attorneys and ask their attorneys any questions before signing it, and that the
executing parties have signed this Agreement of their own free will and as a voluntary
act.
WE HAVE COMPLETELY READ THIS SETTLEMENT AGREEMENT AND RELEASE
AND FULLY UNDERSTAND AND VOLUNTARILY ACCEPT IT FOR THE PURPOSE
OF FINAL RESOLUTION AND SETTLEMENT OF ANY AND ALL CLAIMS, DISPUTED
OR OTHERWISE, FOR THE EXPRESS PURPOSES OF PRECLUDING FOREVER
ANY OTHER CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
ACTIONS, INACTIONS, CLAIMS, OR DAMAGES, AS MENTIONED, AGAINST THE
RELEASED PARTIES
WE EXPRESSLY WAIVE ANY CLAIM THAT THIS RELEASE IS NOT FAIRLY AND
KNOWINGLY MADE.
DATED this ' day of December 2013.
Auburn Market, LLC CITY OF AUBURN
Latitude Development as managing
mem e
By:
Peter B Lewis, Mayor
Attest: g
I C-
DanieY,E. Daskam, City Clerk
Approv T
Daniel B eid, City Attorney
SETTLEMENT AGREEMENT FOR TIF CREDITS
AUBURN MARKETPLACE DEVELOPMENT
Page 4
Exhibits.
Exhibit #1. LLA 01-0006
Exhibit #2. LLA 01-0029
Exhibit #3 LLA 04-0016
Exhibit #4: Current map showing all Auburn Marketplace parcels as adjusted by Lot
Line Adjustments as of 11121/13
SETTLEMENT AGREEMENT FOR TIF CREDITS
AUBURN MARKETPLACE DEVELOPMENT
Page 5
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