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01-21-2013 January 21, 2014 City Council Packet
City Council Meeting January 21, 2014 - 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. Planning Commission City Council to approve the reappointment of the following Planning Commission members for a new three year term to expires December 31, 2015: 1. Robert Baggett 2. Ron Copple 3. Joan Mason 2. Arts Commission City Council to approve the reappointment of the following Arts Commission members for a new three year term to expire December 31, 2015: 1. DeNae McGee 2. Ronalee Schwend 3. Colleen Maloney City Council to approve three new appointments to the Arts Commission for a three term to expire December 31, 2015: 1. Donna M. Smart 2. Feney O. Perez 3. Jan G. Jensen 4. Charlotte Gollnick 3. Airport Board City Council to approve the reappointment of Mark Babcock for a new three year term to expire December 31, 2015. D.Agenda Modifications II.CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A.Public Hearings Page 1 of 220 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. January 13, 2014 Minutes* (Peloza) B.Planning & Community Development 1. January 13, 2014 Minutes* (Holman) C.Public Works 1. January 6, 2014 Minutes* (Osborne) D.Finance 1. January 6, 2014 Minutes* (Wales) 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 January 6, 2014 regular meeting* B. 2013 Claims Vouchers (Wales/Coleman) Claims voucher numbers 426877 through 427021 in the amount of $2,520,180.46 and dated January 21, 2014. C. 2014 Claims Vouchers (Wales/Coleman) Claims voucher numbers 426871 through 426873 and voucher numbers 427022 through 427120 in the amount of $2,768,339.58 and one wire transfer in the amount of $792.00 and dated January 21, 2014. D. Payroll Vouchers (Wales/Coleman) Payroll check numbers 534407 through 534455 in the amount of $949,606.03, electronic deposit transmissions in the amount of $1,257,913.93 for a grand total of $2,207,519.96 for the period covering January 2, 2014 to January 15, 2014. E. Project No. CP0746* (Holman/Tate) City Council to approve consultant services agreement AG-C-449 with Maul Foster & Alongi, Inc. for environmental and real estate services for Project No. CP0746 Page 2 of 220 Mill Creek Wetland 5K Restoration F. Public Works Project No. CP1120* (Osborne/Snyder) City Council to approve Change Order No. 02 in the amount of $35,769.77 to Contract No. 13-07 for work on Project No. CP1120 Lea Hill Safe Routes to School V.UNFINISHED BUSINESS There is no unfinished business. VI.NEW BUSINESS A. Ratification of Resolution No. 5017* (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, repealing Resolution No. 5893 passed December 17, 2012, and designating the members, powers, duties and meeting times and day of all standing committees of the City Council of the City of Auburn and designating the Deputy Mayor (RECOMMENDED ACTION: City Council ratify Resolution No. 5017.) VII.RESOLUTIONS A. Resolution No. 5013* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, setting a public hearing to consider a Franchise Agreement with T-Mobile West LLC (RECOMMENDED ACTION: City Council adopt Resolution No. 5013.) B. Resolution No. 5018* (Osborne/Snyder) A Resolution of the City Council of the Auburn, Washington, authorizing the renewal of Public Way Agreement 08-03 and amending the terms to the agreement with MCI Communications (RECOMMENDED ACTION: City Council adopt Resolution No. 5018.) C. Resolution No. 5021* (Peloza/Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement between the City of Auburn and Golf Now, LLC for reservations, point of sale, and marketing software services related to the Auburn Municipal Golf Course (RECOMMENDED ACTION: City Council adopt Resolution No. 5021.) D. Resolution No. 5027* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an amendment to the Sewer Franchise Agreement between the City of Auburn and King County to operate, maintain and construct sewer mains, service lines and appurtenances in, over, along, and under County roads (RECOMMENDED ACTION: City Council adopt Resolution No. 5027.) E. Resolution No. 5029* (Holman/Tate) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Page 3 of 220 Mayor and City Clerk to execute a Purchase and Sale agreement between the City of Auburn and John Rice (RECOMMENDED ACTION: City Council adopt Resolution No. 5029.) F. Resolution No. 5030* (Holman/Tate) A Resolution of the City Council of Auburn, Washington, approving and authorizing execution of an interlocal agreement with Pierce County, thereby amending the Pierce County Countywide Planning Policies for Centers of Local Importance (RECOMMENDED ACTION: City Council adopt Resolution No. 5030.) G. Resolution No. 5034* (Wagner/Heid) A Resolution of the City Council of the City of Auburn, Washington, amending Resolution No. 5017 passed December 16, 2013 relating to the standing committees of the City Council of the City of Auburn (RECOMMENDED ACTION: City Council adopt Resolution No. 5034.) H. Resolution No. 5038* (Osborne/Snyder) A Resolution of the City Council of the City of Auburn, Washington, Repealing Resolution No. 4826 Regarding Reduction of Speeds on Arterial Street Routes in the City (RECOMMENDED ACTION: City Council adopt Resolution No. 5038.) 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 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 220 AGENDA BILL APPROVAL FORM Agenda Subject: January 13, 2014 Minutes Date: January 15, 2014 Department: Police Attachments: January 13, 2014 Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Municipal Services Councilmember:Peloza Staff: Meeting Date:January 21, 2014 Item Number:MS.1 AUBURN * MORE THAN YOU IMAGINEDMS.1 Page 5 of 220 Municipal Services Committee January 13, 2014 - 3:30 PM City Hall Conference Room 3 MINUTES I. CALL TO ORDER Chair Peloza called the meeting to order at 3:32 p.m. in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. A. Roll Call Members present: Chair Bill Peloza, Vice Chair Wayne Osborne and Member Claude DaCorsi. Staff present: Mayor Nancy Backus, Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, Parks, Arts and Recreation Director Daryl Faber, Finance Director Shelley Coleman, City Attorney Dan Heid, Maintenance and Operations Manager Randy Bailey, Auburn Golf Pro Chris Morris, Solid Waste and Recycling Supervisor Joan Nelson and Police Secretary/Scribe Terry Mendoza. Others present: Auburn Riverside High School students Ayanna Ford and Brittni Williams, Auburn Valley Humane Society President Don Edwards, Auburn Valley Humane Society Executive Director Phil Morgan, Waste Management Public Sector Services Manager Laura Moser, and Auburn Reporter representative Robert Whale. B. Announcements C. Agenda Modifications II. CONSENT AGENDA A. December 9, 2013 Minutes Vice Chair Osborne moved to accept the Minutes as presented. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 III. RESOLUTIONS A. Resolution No. 5021 (Faber) Parks, Arts and Recreation Director Daryl Faber briefed the Committee on Resolution number 5021 which authorizes the Mayor to execute an agreement between the City of Auburn and Golf Now, LLC Page 1 of 4 MS.1 Page 6 of 220 for reservations, point of sale, and marketing software services related to the Auburn Municipal Golf Course. Staff met over the last 6 months regarding the various software programs used for tee time management, financial management and electronic marketing. Golf Now is the leading National firm in the Internet tee time reservations systems as well as point of sale for off site reservations. The Golf Now Point of Sale system meets the desired financial data, demographic and controls as required by the City of Auburn FInance Department. Over 100 Washington golf courses utilize Golf Now as their point of sales marketing provider including local courses in Renton, Tacoma, Kent and Tukwila. The 2-year agreement is a reciprocal agreement. They are provided with 2 tee times per day as their revenue so there is no exchange of funds. All other money that is booked on their system is received by the City through the City's financial system. Additionally, Golf Now is the owner of the Golf Channel so there are many opportunities for extensive marketing. Committee discussion followed. Vice Chair Osborne moved to forward to full Council for consideration. Member DaCorsi seconded. Chair Peloza concurred. MOTION PASSED: 3-0 IV. DISCUSSION ITEMS A. Animal Control and Rescue (Lee) Assistant Chief of Police Bill Pierson reported on Animal Control and Rescue operations for the 4th quarter of 2013. The final quarter represents a full year of animal control services in the CIty of Auburn and statistics confirm the need for these services in our area. Statistics also show that the number of 911 dispatched calls and calls made directly to Animal Control Officer (ACO) George Winner decreased; however, all other types of calls increased. Also of note are the 4 wildlife-related calls received - 2 injured crows, a Canadian Goose, and a Sea Gull - all of which were taken to area animal hospitals for treatment. For the year, figures indicate that reports are up by 30% and there were more than one hundred infractions issued for 3 consecutive quarters. The majority of the infractions are for licensing and the number totals approximately 400. Chief of Police Bob Lee advised that the verification of these expired licenses will be labor intensive as there may be a legitimate reason depending on the status of the pet. Staff is currently working on a solution to handle the process such as utilizing the PD volunteers. Committee discussion followed and the following inquiry was made with a request for follow up. If the number of infractions issued totaled 172 and 103 of those were issued a charge of $50.00 each, what happened to the other 69? Staff will research and follow up directly with the Committee. Page 2 of 4 MS.1 Page 7 of 220 B. Shopping Cart Update (Bailey) Maintenance and Operations Manager Randy Bailey provided a report on the bi-annual Shopping Cart status for 2013. There were two billings that occurred on September 23 and November 19 for shopping carts and shopping cart disposal fees, respectively. The total for shopping carts billed was $3,240.00 with $3,060.00 in payments received leaving an outstanding balance of $180.00. The total invoiced for shopping cart disposal fees was $490.00 with $70.00 in payments received leaving an outstanding balance of $420.00. Of the total $600.00 outstanding balance, $500.00 (equal to $150.00 for 5 carts + $350.00 disposal fee) is for Albertson's located in South Auburn. Committee discussion followed. C. AVHS Board Review / Animal Control Licensing Program (Coleman) Finance Director Shelley Coleman updated the Committee on the most recent Auburn Valley Humane Society (AVHS) Board meeting and Animal Control Licensing Program information through November, 2013. Chair Bill Peloza also invited AVHS President, Don Edwards, and The AVHS Executive Director, Phil Morgan, to participate in the discussion . The Shelter revenue, both operations and fund raising, through November, totaled $505,052.00 and represents 86% of the combined annual revenue budget of $585,445.00. A schedule summarizing the financial results was presented in the Committee's agenda packet. The board also voted on the 2014 budget which included an approximately 12% increase in the operations budget. On the Animal Licensing Summary Report, Chair Peloza inquired about how to improve on the number of people licensing their pets and what entities can the City partner with to increase pet licensing. Don commented that one of the hindrances in order to renew a pet license is that the City requires an owner to provide proof (a certificate or some type of document) of a rabies vaccination. State law requires that a pet receive a rabies shot but most municipalities do not request an actual document as proof of vaccination. Phil added that other jurisdictions use the rabies vaccination as a way to regulate the mandate of getting a rabies shot by obtaining a license. Further, licenses are either used for identification purposes only or used for rabies management. Committee discussion followed and several requests were made by the committee: (1) Committee recommends revising the City Code by removing the rabies documentation requirement in order to license a pet and Director Coleman will work with the City's Legal department to get this completed; and (2) the Committee recommends that AVHS visit all veterinary offices in Auburn to encourage and promote the marketing of licenses based on the code change. The code revision will be an action item on the next Municipal Services Committee agenda. Page 3 of 4 MS.1 Page 8 of 220 D. Resolution No. 5025 (Coleman) Finance Director Shelley Coleman briefed the Committee on Resolution 5025 which authorizes the acceptance and appropriation of Grant Funds in the amount of thirty six thousand two hundred sixty four dollars ($36,264.00), and authorizes the Mayor to execute an Interlocal Agreement between King County and the City of Auburn to accept said funds for implementation of the 2014 Waste Reduction and Recycling grant program. The grant funding will be used for community education in the local schools and through community events. Events for 2014 include a community yard sale, sustainable movie night, residential recycling survey, bulky item collection, and outreach at City-sponsored activities. Committee discussion followed. E. Resolution No. 5026 (Coleman) Finance Director Coleman presented Resolution 5026 to the Committee. This is an annual services contract with the Seattle-King County Department of Public Health for local hazardous waste management. King County has extended $21,578.99 for the City to promote the Neighborhood Natural Yard Care Program to one neighborhood and provide hazardous waste education to residents. Joan Nelson, Solid Waste and Recycling Supervisor, advised that Public Works will be taking the lead on this program and it will be focused in either the Lea Hill or North Auburn neighborhood. A 'neighborhood' consists of single family homes and a typical mailing can reach between 250-1000 households. Committee discussion followed. F. Project Matrix The following changes were identified for the Project Matrix: Item 3I: The review date was changed to 07/14/14. Item 4I: The review date was changed to 01/27/14. V. ADJOURNMENT The meeting was adjourned at 4:32 p.m. The next regular meeting of the Municipal Services Committee is scheduled for Monday, January 27, 2014 in Conference Room 3 of City Hall, 25 West Main Street, Auburn, WA. Signed this ________ day of January, 2014. ___________________ _________________________________ Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe Page 4 of 4 MS.1 Page 9 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: January 13, 2014 Minutes Date: January 15, 2014 Department: Planning and Development Attachments: January 13, 2014 Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Holman Staff: Meeting Date:January 21, 2014 Item Number:PCD.1 AUBURN * MORE THAN YOU IMAGINEDPCD.1 Page 10 of 220 Planning and Community Development January 13, 2014 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chair John Holman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the second floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair John Holman, Vice-Chair Largo Wales, and Member Yolanda Trout were present. Also present were Mayor Nancy Backus, Interim Planning and Development Director Jeff Tate, Public Affairs and Marketing Manager Dana Hinman, Planning Services Manager Elizabeth Chamberlain, Economic Development Manager Doug Lein, Interim Assistant Public Works Director/City Engineer Ingrid Gaub, Environmental Services Manager Chris Andersen, Engineering Aide Amber Mund, and Planning Secretary Tina Kriss. Members of the public present: Councilmember Bill Peloza, Councilmember Wayne Osborne, Giovanni DiQuattro; President and CEO of the Auburn Area Chamber of Commerce Nancy Wyatt; Executive Director at the Auburn Downtown Association, Laura Westerguard; Laura Theimer; and Robert Whale of the Auburn Reporter. B. Announcements There were no announcements. C. Agenda Modifications There were no agenda modifications. II. CONSENT AGENDA A. Minutes - December 9, 2013 (Tate) Vice-Chair Wales moved and Member Trout seconded to approve the December 9, 2013 Planning and Community Development Committee minutes as written. Motion carried unanimously. 3-0 ACTION Page 1 of 5 PCD.1 Page 11 of 220 III. A. Project No. CP0746 Mill Creek Wetland 5K Restoration (Andersen) Environmental Services Manager Chris Andersen distributed materials to the Committee for AG-C-449, a consultant agreement between the City of Auburn and Maul Foster & Alongi, Inc for environmental and real estate services for Project No. CP0746, Mill Creek Wetland 5K restoration, Professional Services Agreement, AG-C-449. The Committee and staff discussed the the cost of the services and services that would be provided by the consultant. The Committee was supportive of entering into a contract with Maul Foster Alongi, Inc. Vice-Chair Wales moved and Member Trout seconded to recommend City Council grant authorization for the City to enter into consultant agreement, AG-C-449, with Maul Foster & Alongi, Inc. for environmental and real estate services for Project No. CP0746, Mill Creek Wetland 5K Restoration. Motion carried unanimously. 3-0 B. Resolution No. 5031 - Comprehensive Downtown Parking Management Plan (CDPMP) (Chamberlain/Yao) Planning Services Manager Elizabeth Chamberlain presented the staff report on Resolution No. 5031, and provided background information on the Downtown Parking Management Plan(CDPMP). Staff reviewed the CDPMP with the Committee and the Committee expressed their gratitude for the work completed by staff to present the CDPMP. After reviewing the plan, the Committee provided the following feedback: *The Committee is supportive of the 3 hour on-street parking and would like to have an update on the status annually as development occurs. *To create a “point of contact”, the Committee recommended having a central person to answer questions and provide information related to parking. *The Committee emphasized that they would like all updates and changes to parking posted on the City website and added to the Auburn Reporter as a method to inform the public. The Committee would also like staff to work in with the Auburn Downtown Association and the Auburn Area Chamber of Commerce to keep the public updates. Page 2 of 5 PCD.1 Page 12 of 220 Chair Holman invited members of the audience forward for public comment: Laura Westerguard, Executive Director of the Auburn Downtown Association, 222 E. Main St., Suite A, Auburn. Ms. Westerguard thanked staff for their work to bring forward the CDPMP. She encouraged staff to use the Auburn Downtown Association (ADA) and the Auburn Area Chamber of Commerce to get press releases out, and to continue enhancing the City website to keep the public informed. She encouraged the City to reevaluate the parking plan more frequently than every four to five years and asked that the focus groups and online surveying tools continue to be used annually because it is an important issues for the Auburn residents and businesses. Nancy Wyatt, President and CEO of the Auburn Area Chamber of Commerce, 108 S Division St, Auburn. Ms. Wyatt stated that she appreciates the work the City has gone through to complete the CDPMP, the plan is thoughtful and forward thinking. Ms. Wyatt recommended partnering with the ADA and Auburn Area Chamber of Commerce in order to get the word out to both citizens and business, making sure they are aware of City changes and updates to parking. Ms. Wyatt stated the she believes the increased effort in getting information out would would assist in business retention and citizen approval because this is an important issue. The Committee and staff discussed alternate transportation and private parking alternatives that may be used in the future. Vice-Chair Wales moved and Member Trout seconded to recommend City Council adopt Resolution No. 5031. Motion carried unanimously. 3-0 IV. DISCUSSION ITEMS A. Kent School District Impact Fees (Coleman) Interim Planning and Development Director Jeff Tate distributed a map to the Committee showing the school districts located within the City of Auburn that the City collects school impact on behalf of. As required by section 5.2 of the interlocal agreement with the Kent School District regarding 2012-2013 School Impact Fees, the Kent School District submitted the Annual Report of Impact Fee Expenditures and noted there was no activity to report. Page 3 of 5 PCD.1 Page 13 of 220 The Committee had no questions or comments. B. Resolution No. 5013 (Mund) Engineering Aide Amber Mund presented the staff report for Resolution No. 5013. Resolution No. 5013 sets the date of the public hearing for Franchise Agreement No. 13-37 for T-Mobile West LLC for February 3, 2014 at 7:30 pm in the Council Chambers. The Committee had no questions regarding the extension. C. Resolution No. 5018 (Mund) Engineering Aide Amber Mund provided background information on Resolution No. 5018, a request by MCI Communications, Services, Inc. (MCI) to renew their term for Public Way Agreement No. 08-03. The proposed agreement was reviewed by City staff and determined that the agreement still meets the needs of the City and the applicant. The proposed renewal would be for one additional five year term. The Committee had no questions regarding Resolution No. 5018. D. Resolution No. 5029 - Purchase and Sale Agreement (Chamberlain) Planning Services Manager Elizabeth Chamberlain presented the staff report on Resolution No. 5029. Resolution No. 5029 would authorize the Mayor and City Clerk to execute a Purchase and Sale Agreement between the City of Auburn and John Rice for vacant property to be used for the Fenster Nature Park located on 2nd Street SE east of V Street SE. The purchase price of the acquisition would be $45,000.00, which has been accepted by the seller, John Rice. The Committee was supportive of Resoltuion No. 5029 and determined that they would take action on this item. Vice-Chair Wales moved and Member Trout seconded to recommend City Council adopt Resolution No. 5029. Motion carried unanimously. 3-0 E. Resolution No. 5030 - Pierce County Countywide Planning Policies (Chamberlain) Review the interlocal agreement with Pierce County for amended Countywide Planning Policies related to Centers of Local Importance. Planning Services Manager Elizabeth Chamberlain provided a overview of Resolution No. 5030, the Pierce County Countywide Page 4 of 5 PCD.1 Page 14 of 220 Planning Policies (CPPs). Resolution No. 5030 would approve and authorize execution of an interlocal agreement with Pierce County, thereby amending the Pierce County Countywide Planning Policies for Centers of Local Importance. Staff reviewed the amendments with Committee and Committee was supportive of the recommendation to approve Resolution No. 5030 and determined they would take action on this item. Vice-Chair Wales moved and Member Trout seconded to recommend City Council adopt Resolution No. 5030. Motion Carried Unanimously. 3-0 F. Director's Report (Tate) Interim Planning and Development Director Jeff Tate reviewed statisticts from years 2002 through 2013 for Single Family Residential permits issued and the value, the total number of permits and construction value for each year and the annual number of inspections and code enforcement actions. G. PCDC Matrix (Tate) The Committee had no changes or additions. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:32 pm. DATED THIS ___________ day of _______________________, 2014. __________________________________________ John Holman - Chair __________________________________________ Tina Kriss - Planning Secretary Page 5 of 5 PCD.1 Page 15 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: January 6, 2014 Minutes Date: January 13, 2014 Department: Public Works Attachments: Draft Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Osborne Staff: Meeting Date:January 21, 2014 Item Number:PW.1 AUBURN * MORE THAN YOU IMAGINEDPW.1 Page 16 of 220 Public Works Committee January 6, 2014 - 3:30 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER Chairman Wayne Osborne 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 Wayne Osborne, Vice-Chair Bill Peloza, and Member Claude DaCorsi were present. Also present during the meeting were: Mayor Nancy Backus, Interim Assistant Director of Public Works/City Engineer Ingrid Gaub, Utilities Engineer Dan Repp, Transportation Manager Pablo Para, Engineering Aide Amber Mund, Assistant Project Engineer Luis Barba, Traffic Engineer James Webb, Street Systems Engineer Jai Carter, Senior Project Engineer Ryan Vondrak, Project Engineer Matt Larson, Project Engineer Seth Wickstrom, Project Engineer Robert Lee, Project Engineer Kim Truong, Senior Project Engineer Jacob Sweeting, Maintenance and Operations Manager Randy Bailey, Senior Construction Coordinator Mike Kamenzind, Construction Manager Larry Dahl, Economic Development Manager Doug Lien and Public Works Secretary Jennifer Cusmir. Members of the public in attendance included: Brett Jacobson from Plan A Development. B. Announcements Chairman Osborne introduced the new Public Works Committee and recognized that, for the first time in over 20 years, the Committee has a new chair. Chairman Osborne welcomed the Committee’s new member, Councilmember Claude DaCorsi. C. Agenda Modifications There was one agenda modification, removing Discussion Item A, Ordinance No. 6492, from the agenda. II. CONSENT AGENDA A. Approval of Minutes Page 1 of 14 PW.1 Page 17 of 220 It was moved by Vice-Chair Peloza, seconded by Member DaCorsi, that the Committee approve the Public Works Committee Meeting minutes for date, December 16, 2013. Motion carried 3-0. III. DISCUSSION ITEMS A. Ordinance No. 6492 (Hursh) An Ordinance of the City Council of the City of Auburn, Washington, Amending Sections 2.03.040 and 2.03.090 of the Auburn City Code Related to the Organization of City Administrative Government Discussion Item A was removed from the agenda. B. Hinshaw Motorcycle Traffic Impact Fees (Para) Transportation Manager Para provided background information, to the Committee, regarding the development application submitted by Hinshaw Motorcycle. Following initial evaluation and based on the City’s Traffic Impact Fee system, staff calculated an impact fee for the proposed development, acknowledging the fee was not the most accurate fit for the developer’s use. Transportation Manager Para stated that staff encouraged the developer to submit an alternative fee analysis, which they did. Staff has been working with the developer on the re-submittal of their application and an analysis that the City can accept. Transportation Manager Para noted that the developer’s traffic impact fee will be a fraction of the original estimate. Transportation Manager Para explained that developments normally fit into the City’s defined land uses. Transportation Manager Para stated that not all of the projects in the Transportation Improvement Program (TIP) are factored into the Traffic Impact Fee Program, only the projects that are capacity related can be considered for the impact fee system. The capacity related projects are processed into the City’s impact fee analysis. Para noted that the City also has a Truck Impact Fee for developments with higher truck usage. Traffic Engineer Webb distributed a list of the capacity related projects identified in the 2013-2018 TIP and 2009 Comprehensive Plan. Webb also distributed a comparison of 2013 traffic impact fee base rates for 60 cities and 5 counties in Western Washington, for the Committee to review. Transportation Manager Para noted that based on the comparison of impact fees alone, the City’s base rate for traffic impact fees are below those of the Cities of Fife, Puyallup, Kent, and a number of other cities Page 2 of 14 PW.1 Page 18 of 220 in the Puget Sound area. Traffic Engineer Webb explained how the traffic impact fees are calculated. Webb answered questions asked by Chairman Osborne regarding comparisons of developments in surrounding jurisdictions to those in the City of Auburn. The Committee and staff reviewed the TIP project list. Transportation Manager Para explained how the project costs are considered when calculating traffic impact fees for developments. Interim City Engineer Gaub explained how the total project costs, for the capacity related projects, is used to calculate that traffic impact fee base rate, in response to questions asked by Chairman Osborne. The Committee and staff continued to discuss how traffic impact fees are calculated. Traffic Engineer Webb answered questions asked by Member DaCorsi regarding the estimation of the traffic impact fees for the Hinshaw Motorcycle development. Vice-Chair Peloza requested staff prepare step-by-step examples of how traffic impact fees are calculated for the Committee to review. Chairman Osborne spoke about possibly reviewing the list of capacity related projects that are used to calculate the base traffic impact fee. Transportation Manager Para explained how the traffic impact fee system is the City’s way of meeting the concurrency requirements of the Growth Management Act and spoke about the importance of including the full costs of the capacity related transportation projects, in response to questions asked by Chairman Osborne about phasing the project costs in the TIP. Traffic Engineer Webb pointed out that the funds generated from traffic impact fees are also used to leverage the City’s grant applications for the local match amounts. If the amount of the traffic impact fees decreases the City may have difficulty funding match money and making applications for grants. Webb noted the M Street Underpass project will be removed from the list during the 2014 update of the TIP, possibly decreasing the base traffic impact fee. Interim City Engineer Gaub pointed out that A Street NW Phase 1 will also be removed from the project list. Transportation Manager Para answered questions asked by Chairman Page 3 of 14 PW.1 Page 19 of 220 Osborne regarding the Lea Hill Road corridor projects. Interim City Engineer Gaub explained that the total project costs creates the overall amount that is used to calculate the base rate for the traffic impact fees, in response to a question asked by Vice-Chair Peloza. Gaub stated that the City collects the traffic impact fees and as the City moves forward with the capacity project, a portion of the traffic impact fees is allocated to the project. Mayor Backus suggested that staff create a visual presentation of how the traffic impact fees are calculated and then how fees are allocated to City projects, using the M Street Underpass Project as an example for the Committee to review. Member DaCorsi suggested using a flow- chart format and Vice-Chair Peloza agreed that would be beneficial. Transportation Manager Para stated that the traffic impact fees and project list will need to be reviewed in the next few months as part of the annual update to the TIP. Chairman Osborne asked that the traffic impact fee flow-chart/graphics be presented at the same time. C. Ordinance No. 6484 (Mund) An Ordinance of the City Council of the City of Auburn, Washington, Vacating Right-of-Way of the Alley Between South Division Street and A Street SE, South of East Main Street, Within the City of Auburn, Washington Engineering Aide Mund explained that Ordinance No. 6484 is for the vacation of the alley at the location noted on the accompanying vicinity map. The Public-Hearing will be held at the January 6th City Council Meeting. Engineering Aide Mund asked if the Committee had any questions prior to the hearing. Vice-Chair Peloza asked how the vacation will benefit the developer, Plan A Development. Mund answered that the developer did apply for the vacation and it will provide flexibility to the design of their building relating to access for vehicles and service vehicles. Chairman Osborne asked that Brett Jacobson, from Landmark Development Group/Plan A Development, come to the table and speak. Mr. Jacobson explained that the purpose of the vacation is to create a contiguous development and ownership structure. Mr. Jacobson also noted that some parking will occur across the alleyway and the developer plans on building a walkway across the alley to the building. Member DaCorsi asked how the owners of the adjacent property were notified of the vacation application and hearing. Engineering Aide Mund answered that the property owners received notice of the public Page 4 of 14 PW.1 Page 20 of 220 hearing and that she has been in communication with the property owner regarding the project as well. Chairman Osborne noted that all of the easements will be maintained. The Committee had no further questions. D. 2014 Arterial/Collector Preservation Project - Street Selection (Carter) Street Systems Engineer Carter confirmed that the portions of E Main Street scheduled for patching are different than the areas that were patched a few years ago, following a question asked by Chairman Osborne. Member DaCorsi asked which portion of A Street will be overlaid. Interim City Engineer explained that A Street has been patched in the past and now staff is recommending that the roadway be treated with an overlay. Street Systems Engineer Carter spoke about different pavement treatments. Interim City Engineer Gaub clarified that the City did not purchase equipment to test the Pavement Condition Index (PCI) of the City’s streets. The City has a contract with a vendor that is evaluating the streets. Carter noted that the City did purchase the pavement management software. The vendor has completed their work and should be reporting their results to staff by January 17th. Vice-Chair Peloza asked if any of the work on the proposed roadways could be postponed so that patching of Green River Road can be included in the 2014 project. Street Systems Engineer Carter explained that the reason the proposed roadways were selected was because there is a lot more traffic traveling on the proposed roads than Green River Road. Vice-Chair Peloza asked staff for traffic count data on Green River Road and on the roads selected for the project. Following a question asked by Chairman Osborne, Street Systems Engineer Carter said that the Auburn High School project is scheduled to be completed in 2015 and once the civil work on the site is completed, the overlays on E Main Street will begin. Carter stated that the City’s patching and overlay of that section of E Main Street will be scheduled at the same time as the overlay being done by the school district. Interim City Engineer Gaub stated that there is a portion of 4th Street and Main Street that the school district will be completing improvements to. Page 5 of 14 PW.1 Page 21 of 220 E. City Speed Cushion Standard Practices (Para) Transportation Manager Para stated that there is a Traffic Calming Program in the City included in the program, as a measure of last resort is the installation of speed cushions. Speed cushions were engineered by City staff and have been used for quite some time and have been received very well. The speed cushions were designed in coordination with the Valley Regional Fire Authority, so an not to impede their response vehicles. The Committee and staff reviewed the current speed cushion design standards. Chairman Osborne explained that his primary concern regarding the speed cushion design is that there is a 3” lift over 12” and recommended in the ITE manual is a 3” lift over 4’. The concern is that the lift of the speed cushion is too high. Chairman Osborn asked when the speed cushion design was developed. Para answered, approximately ten or more years ago. Transportation Manager Para said that other designs do have a slightly larger approach ramp. Chairman Osborn asked that staff review the current design, using the ITE manual as a guide. The Committee and staff discussed the possible reduction in effectiveness if the approach ramp was made larger. Interim City Engineer Gaub spoke about the coordination with the emergency services during the development of the speed cushions initial design standards. Vice-Chair Peloza stated that he supports a review of the design standards. Staff will review the current design standards for speed cushions and proposals for a possible redesign and return to the Committee for review at the February 3, 2014 meeting. F. Capital Project Status Report (Vondrak) Senior Project Engineer Vondrak stated that each of the Project Engineers will be introducing themselves to the Committee and providing brief description and status report on each of their projects included on the report. Senior Project Engineer Vondrak Page 6 of 14 PW.1 Page 22 of 220 Item 3 – C201A – M Street Underpass: M Street was lowered and improved M Street from 3rd Street SE to 8th Street SE, created a grade separated crossing for the BNSF railroad. The project is substantially complete and the contractor is currently working on punchlist items. The punchlist is anticipated to be complete at the end of January. Item 8 – CP0909 – Academy Booster Pump Station Project: This project will construct a new booster pump station in the Academy water service area in order to meet fire flow demands and provide adequate domestic service. This project was identified in both the 2001 and 2009 Comprehensive Water Plan. The project is in construction and startup and testing for the station will begin late January, possibly early February. Item 14 – CP1107 – Fulmer Wellfield Improvements: This project evaluates and constructs improvements to Wells 2, 6, and 7 as well as the corrosion control treatment facility at Fulmer Field. The staff recommendations that were brought to the Committee in October are proceeding. Those recommendations were to chemically clean Well 6, put the temporary pump in the well back into production, and conduct some long term well testing. Well 7 will also be chemically cleaned, treated for manganese and a new pump and column will be constructed and a corrosion control system will be included. In the future a new column and corrosion control system will also be added to Well 6. Item 27 – C222A – 277th Auburn Way North to Green River Bridge: The scope of the project includes intersection improvements and major road widening of 277th, from Auburn Way North to L Street NE. This project received a federal grant of just over $1M to help finance the design, environmental permitting, and property acquisition phases of the project. The City also received a Transportation Improvement Board (TIB) grant for $4M to assist with project construction. The City has also entered into a participation agreement with the Robertson Properties Group (RPG) to assist financing construction as well. The project is now fully funded and is currently in design. Environmental compliance documentation has starting and staff is working toward 30% design. Vice-Chair Peloza asked that the status for the project be updated to note the agreement with RPG. Item 31 – C229A- BNSF/EVH Pedestrian Undercrossing: A grant was received to construct a pedestrian undercrossing by the White River Bridge. There are some complications due to the potential third BNSF rail. The City is reprogramming the grant monies with the State for preliminary design improvements to A Street, between the White River Page 7 of 14 PW.1 Page 23 of 220 Bridge and 41st Street, including a signalized pedestrian crossing and access management. Item A – CP1115 – City Hall NW Plaza Improvements: The project enhances the NW entrance to City Hall and incorporates similar features as were constructed as part of the City Hall Plaza Project. The project is in design but is currently on hold, pending discussion with the Planning and Community Development Committee. Item B – CP1016 – Fenster Levee Project: This project completes levee improvements on the Fenster Levee consisting of moving the levee back to accommodate flows and adding a pedestrian trail. The work is being completed through an agreement with King County. The project is currently in design. Project Engineer Larson Item 1 – EM1302 – Hidden Valley Vista Emergency Storm Repair: This project replaced an outfall to the Green River in the Hidden Valley Vista neighborhood. The project is complete and should be removed from the report prior to the next meeting. Item 2 – CP0912 – Citywide Guardrail Improvements: This project completes guardrail along Kersey Way, Green River Road, and Mountain View Drive. Construction is mostly complete and the contractor is working on a punchlist. Item 5 – C410A – S 277th Wetland Mitigation Monitoring: This is an ongoing project to complete the required monitoring and maintenance of the wetland mitigation for the S 277th Grade Separation Project. There were three mitigation sites. One site has been released from regulatory agencies and the City has requested release for a second site in December 2013. The City has requested a one-year extension for the third site because it has not yet met its performance goals. Chairman Osborne asked if the City will be required to perform wetland mitigation monitoring as part of the new S 277th project. Interim City Engineer Gaub stated that there are potential wetland impacts and if the wetlands are impacted, the City may have to do some mitigation. The City of Kent has agreed that any mitigation credits they have remaining from their S 277th improvements can be transferred to the City of Auburn. It is not known how many credits that may be at this time. Item 26 – CP1104 – 104th Street & 8th Street NE Intersection Improvements: This project improves the pedestrian signal, adds a Page 8 of 14 PW.1 Page 24 of 220 flashing yellow turn signal, and the project is currently in design. Vice-Chair Peloza asked if this project adds flashing yellow arrows to all of the City signals. Project Engineer Larson answered that the only signal included in this project is the 104th Street/8th Street NE signal. Item 30 – CP0765 – Lakeland Hill Reservoir Improvements: This project improves the existing Lakeland Hills Reservoir No. 5 and includes an internal and external coating system, improved tank mixing for water quality purposes and seismic and safety upgrades. The project is currently in design. Project Engineer Wickstrom Item 4 – CP1302 – 2013 Pavement Patching, Chipseal, and Overlay Project: The project included several chipseal treatments, some patching and an overlay on B Street NW. This project will be complete following the installation of some signs by the contractor. Item 6 – CP1225 – West Valley Highway Preservation – 15th Street NW to 37th Street NW: This project scope included an overlay of West Valley Highway. The contractor needs to complete some signal modifications at 15th Street NW and then the project will be complete. Vice-Chair Peloza asked about the maintenance of the median on West Valley High Way. Interim City Engineer noted that the median is a bioswale and there are some restrictions on how the weeds can be treated. Maintenance and Operations Manager Bailey stated that the Parks Department is hiring a contractor to provide maintenance services. Vice-Chair Peloza stated that he will discuss the matter with the Municipal Services Committee. Item 11 – CP1307 – Control Structure Installation Program: This project installs piping on manholes to help control the flow into and out of storm ponds. The contractor is fabricating the control structures and installation should begin in a few weeks. Item 29 - C512A – Well 4 Improvements: This project installs a new emergency generator and upgrades the chlorination at the well site. The project is in design and staff is working to advertise the project for bids in March 2014 in order for the improvements to be constructed in the summer of 2014. Item 33 – CP1224 – 2013 Local Street Reconstruction: This project rebuilt four streets as part of the Save Our Streets Program. Major construction is complete and the contractor is in the process of Page 9 of 14 PW.1 Page 25 of 220 completing the punchlist items. Project Engineer Wickstrom responded to questions asked by Vice- Chair Peloza regarding the replacement of the waterline on B Street SE. Project Engineer Lee Project Engineer Lee distributed vicinity maps for the project that include multiple site locations. Item 7 – C524A – SCADA System Improvements: This project replaces the remote controls at the utility stations and the project is approximately 93% complete. There are four sites waiting to be converted which were added to the scope of the project via Change Order. Chairman Osborne asked if staff was experiencing the result from the new system that they anticipated. Project Engineer Lee stated that the system is working very well with only minor bugs that have been worked through. Item 12 – CP1222 – Citywide Traffic Signal Improvements: This project will construct safety improvements at multiple traffic signals, adding the flashing yellow arrow signals and updating video detection at some signals. The contractor is waiting for signal materials that have been ordered. Project Engineer Lee answered questions asked by the Committee regarding the improvements being made to the signal at 4th Street SE/Cross Street and Auburn Way North. Item 18 – CP0915 – Well 1 Improvements – Well Replacement: The entire well house at Well 1 will be replaced. The project design is 90% complete and the initial plans have been submitted to Department of Health. Item 21 – CP1308 – BNSF Utility Crossings Project: This project will make improvements to eight utility crossings, in anticipation of the BNSF third rail project. The project is 70% complete and the crossings will be complete prior to BNSF beginning construction on the third rail, which has been delayed to 2015. Item 22 – CP1109 – 2011 Storm Pipeline Repair and Replacement Project – Phase 2: This project design is at 60%. The City is negotiating an agreement with the Lakehaven Water Utility District, which has a waterline in conflict with the storm drainage improvements and requires relocation. Page 10 of 14 PW.1 Page 26 of 220 Item 25 – CP1202 – AWS Flooding Phase 2: This project scope has expanded to include sewer and water facility improvements on 17th Street SE, from A Street SE to K Street SE. Item 32 – CP0906 – 2009 Gateway Project: This project is on hold due to lack of funding. The easement has been secured for the sign on Lake Tapps Parkway. Project Engineer Truong Item 9 – CP1120 – Lea Hill Safe Routes to School Improvements: This project includes various improvements to the safe walking routes to three schools in the Lea Hill Area. The project is close to completion. The contractor is waiting for utility poles to be relocated. The poles should be relocated by mid-February. The sidewalk work is complete, ramps installed and pedestrian signals are functioning. Item 10 – CP1207 – D Street NE Utility Improvements: This project will decommission a sewer pump station and install sanitary sewer, storm and water improvements. The project is currently in construction. Item 15 – CP1122 – 30th Street NE Storm Improvements: The existing 30” storm line is being replaced with a 42” storm line along 30th Street NE, between the Auburn Municipal Airport and the Brannan Park Pump Station. Project design is 95% complete. Project Engineer Truong explained that the construction across Auburn Way will be completed at night to reduce traffic impact, in response to a question asked by Chairman Osborne. Interim City Engineer Gaub noted that there are too many conflicting utilities to bore under the roadway and so the new pipe will need to be trenched across Auburn Way North. Item 19 – CP1208 – Sewer Pump Station Improvements Repair and Replacement Program: There will be improvements made to 11 different pump stations throughout the City. The improvements will include improving access to some of the wet wells, providing security features, installing generators, and corrosion protections. Staff is currently working on obtaining an easement around the R Street Pump Station. Item 24 – CP1219 – Valley AC Watermain Replacement: This project replaces asbestos cement waterlines along Auburn Way North, 49th Street, 85th Street and a small portion of B Street NW. Design is 30% complete and environmental permitting has started. Page 11 of 14 PW.1 Page 27 of 220 Street Systems Engineer Carter Item 13 – CP1301 – 2013 Sidewalk Repair Project: This project design has been finalized and bids will be opened for the project on January 21, 2014. The emphasis of the project is to remove and repair trip hazards. Item 34 – CP1323 – 2014 Local Street Reconstruction Project: The consultant is completing survey work. If the bids come under the engineer’s estimate 3rd Street may also be included in the project. Interim City Engineer Gaub confirmed that there will be some funds carried over from last year’s budget to the current project budget, following a question asked by Vice-Chair Peloza. Senior Project Engineer Sweeting Item 16 – CP1118 – Auburn Way South Pedestrian Improvements – Dogwood to Fir Street & Item 17 – CP1119 – Fir to Hemlock Street: The City is working with the Muckleshoot Indian Tribe (MIT) to expand the corridor, improve pedestrian safety and reduce congestion. The main focus of Project No. CP1118 is to construct a pedestrian crossing. The current design is for a crossing at Elm Street but staff is currently working with the State and MIT to look at other locations for the crossing, which may include a new signal at Fir Street SE. Vice-Chair Peloza asked if staff was receiving full support from the MIT. Senior Project Engineer Sweeting answered that the MIT staff has been very helpful and has scheduled a meeting for the City to meet with the Tribal Council and the State Transportation Secretary later in the week. Project No. CP1119 will widen the street to five lanes with sidewalks and will also construct a signal at Hemlock Street SE. The current plan is to construction CP1118 and CP1119 concurrently. Staff is working on getting approval from the State and MIT on the final design. Chairman Osborne asked if both projects are fully funded. Sweeting answered that they are. Item 20 – CP1024 – AWS and M Street SE Intersection Improvements: This project will add a right turn lane west bound on Auburn Way S toward M Street SE. Also included are other safety improvements. The design is 70-90% complete and staff’s main focus Page 12 of 14 PW.1 Page 28 of 220 has recently been on property acquisition. The project should go into construction in 2014. Item 23 – CP1304 – 37th St & B St NW BNSF Pre-Signal: A pre- signal will be constructed that will stop vehicles prior to the tracks to prevent them from becoming stranded on the tracks as the crossing arms come down. This will prevent damage to the crossing arms. Staff is working with BNSF on adjustment to advanced preemption of trains. Item 28 – CP1218 – Auburn Way S & Riverwalk Intersection Improvements: This project will widen the road to provide a second left turn lane into the MIT casino when heading east bound on Auburn Way S. There will also be another turn lane added to Riverwalk. The sidewalks will be widened and other safety improvements will be made as well. Senior Project Engineer Sweeting answered questions asked by Chairman Osborne regarding the project’s funding. Interim City Engineer Gaub answered questions asked by Member DaCorsi regarding the project start dates and possibility of including them on the Capital Project Status Report. Interim City Engineer Gaub responded to questions asked by Member DaCorsi about the process used to ensure contractors complete projects on schedule. Member DaCorsi asked if the consultant and contractor can be identified on the report. Interim City Engineer Gaub stated that information can be included but the format of the report may be affected. G. Significant Infrastructure Projects by Others - Public Works Status Report (Gaub) Construction Manager Dahl stated that there have been no complaints regarding King County’s work on 17th Street, following an inquiry made by Chairman Osborne. H. Action Tracking Matrix (Gaub) Item G – Transportation Impact Fee Structure Analyses: Chairman Osborne asked when review of the fee structure will return to the Committee. Interim City Engineer Gaub recommended the initial review of the traffic impact fee process be scheduled for March 2014. Item I – Amberview Apartment Odor Complaint: Maintenance and Page 13 of 14 PW.1 Page 29 of 220 Operations Manager Bailey reported that the system has been video assessed and no issues have been identified. Utilities Engineer Repp stated that, following the direction of the Committee, staff in preparing to replace the manhole. The manhole installation will be incorporated with the City’s regular repair and replacement program. The Committee determined the item can be removed from the matrix. IV. ADJOURNMENT There being no further business to come before the Public Works Committee, the meeting was adjourned at 5:15 p.m. Approved this 21st day of January, 2014. Page 14 of 14 PW.1 Page 30 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: January 6, 2014 Minutes Date: January 12, 2014 Department: Finance Attachments: Minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Finance Councilmember:Wales Staff: Meeting Date:January 21, 2014 Item Number:FN.1 AUBURN * MORE THAN YOU IMAGINEDFN.1 Page 31 of 220 Finance Committee January 6, 2014 - 5:00 PM Annex Conference Room 1 MINUTES I. CALL TO ORDER Chair Largo Wales called the meeting to order at 5:00 p.m. in Annex conference Room 1 located on the second floor of the City Hall Annex located at One East Main Street. A. Roll Call Chair Wales, Vice Chair John Holman and Member Yolanda Trout were present. Officials and staff members present included: Mayor Nancy Backus, Director of Administration Michael Hursh, Finance Director Shelley Coleman, City Attorney Daniel B. Heid, and City Clerk Danielle Daskam. Also present were Kari Hegge and Chandler Price from the Auburn Riverside High School Civics Class. B. Announcements There was no announcement. C. Agenda Modifications Ordinance No. 6492 was added to the agenda as a discussion item. II. CONSENT AGENDA A. Minutes of the December 16, 2013 regular meeting Vice Chair Holman moved and Member Trout seconded to approve the minutes as distributed. MOTION CARRIED UNANIMOUSLY. 3-0 B. Claims Vouchers (Coleman) 2013 claims voucher numbers 426641 through 426848 in the amount of $1,985,773.74 and dated January 6, 2014. 2014 claims voucher numbers 426849 through 426870 in the amount of $223,340.72 and dated January 6, 2014. Committee members reviewed the claims vouchers and payroll Page 1 of 3 FN.1 Page 32 of 220 vouchers and briefly discussed claims vouchers 426644 and 426808. Member Trout moved and Vice Chair Holman seconded to approve and forward the claims and payroll vouchers to the full Council for consideration. MOTION CARRIED UNANIMOUSLY. 3-0 C. Payroll Vouchers (Coleman) Payroll check numbers 534370 through 534406 in the amount of $964,264.33 and electronic deposit transmissions in the amount of $1,316,202.70 for a grand total of $2,280,467.03 for the period covering December 12, 2013 to January 1, 2014. See claims vouchers above for approval of payroll vouchers. III. DISCUSSION ITEMS A. Resolution No. 5021 (Faber) A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute an agreement between the City of Auburn and Golf Now, LLC for reservations, point of sale, and marketing software services related to the Auburn Municipal Golf Course Finance Director Coleman presented Resolution No. 5021. Resolution No. 5021 authorizes an agreement with Golf Now to provide a software reservation system, marketing system, receipting and updated point of sale system. Golf Now is utilized by most of the surrounding area golf courses. B. Sales and Use Tax Forecast (Coleman) Finance Director Coleman reviewed a chart reflecting the sales and use tax revenue by year from 2006 to 2014. In the year 2007, the City received $17,574,203.00 in sales and use tax. The 2014 Budget anticipates sales and use tax revenue of $14,585.795.00. Finance Director Coleman explained that approximately ten years ago, a levy lid lift was authorized by the voters for the City's Save Our Streets programs to fund repair and renovation of City streets. After six years, the levy lid lift expired, and the City Council designated $2 million from property tax collection each year for the Save Our Streets Fund for the repair of City neighborhood streets. In the 2013-2014 Budget, the $2 million in property tax previously identified for street repair was retained by the General Fund and the sales tax on construction was designated for street repair and the Save Our Streets Fund. In 2013, the amount of sales tax on construction was just under $2 million. Finance Director Coleman stated that Public Works maintains a map of the completed and planned Save Our Streets projects. Page 2 of 3 FN.1 Page 33 of 220 Finance Director Coleman also explained that the sales tax sourcing change has also impacted sales and use tax collection. In July 2008, sales tax collection changed to a destination based system. The City receives $2 million in sales tax mitigation from the State of Washington. C. Ordinance No. 6492 An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 2.03.040 and 2.03.090 of the Auburn City Code related to the organization of the City administrative government City Attorney Heid presented Ordinance No. 6492 for discussion. The ordinance eliminates identification of positions and includes a provision that requires the Mayor to provide an organizational chart and proposals for changes to the organizational chart. The ordinance provides the Mayor with more flexibility in reorganizing the employment duties and positions. The ordinance was reviewed by the Council Operations Committee on January 2, 2014. D. Future Discussion Items Chair Wales stated the following items will be discussed in the future: -Wellness Committee Funding -Review of the Theater contract -Golf Course restaurant contract IV. ADJOURNMENT There being no further business, the meeting adjourned at 5:35 p.m. APPROVED this ____ day of ___________, 2014. ______________________________ _____________________________ Largo Wales, Chair Danielle Daskam, City Clerk Page 3 of 3 FN.1 Page 34 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Minutes of the January 6, 2014 regular meeting Date: January 12, 2014 Department: Administration Attachments: minutes Budget Impact: $0 Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember:Staff: Meeting Date:January 21, 2014 Item Number:CA.A AUBURN * MORE THAN YOU IMAGINEDCA.A Page 35 of 220 City Council Meeting January 6, 2014 - 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 Nancy Backus called the meeting to order at 7:30 p.m. and led those in attendance in the Pledge of Allegiance. B. Roll Call City Councilmembers present: Deputy Mayor Wagner, Bill Peloza, Largo Wales, Wayne Osborne, John Holman, Claude DaCorsi, and Yolanda Trout. Department Directors and staff members present: Director of Administration Michael Hursh, City Attorney Daniel B. Heid, Assistant Director of Planning and Development Jeff Tate, Acting City Engineer Ingrid Gaub, Finance Director Shelley Coleman, Acting Director of Human Resources and Risk Management Rob Roscoe, Chief of Police Bob Lee, Parks, Arts and Recreation Director Daryl Faber, Innovation and Technology Director Ron Tiedeman, Economic Development Manager Doug Lein, Engineering Aide Amber Mund, and City Clerk Danielle Daskam. C. Announcements, Appointments, and Presentations 1. Miss Auburn & Miss Auburn's Outstanding Teen Scholarship Program Days Mayor Backus to proclaim January 24th and January 25th as Miss Auburn & Miss Auburn's Outstanding Teen Scholarship Program Days in Auburn. Miss Auburn contestants and Miss Auburn Outstanding Teen contestants introduced themselves and their sponsors and described their platforms. Miss Auburn contestants in attendance included: Morgan Warren sponsored by the Rotary Club of Auburn, Sarah Gleason sponsored by the Kiwanis Club of Auburn, Hannah Wood sponsored by Don Small and Son, Emma Wanner sponsored by Sound Credit Union, Ashley Larson sponsored by Scotty's Construction, Katelyn Durrant sponsored by Cascade Eye and Skin Center, De'Djuana Simpson sponsored by Longhorn Barbecue, Alyssa Mesina sponsored by American Page 1 of 9 CA.A Page 36 of 220 Solutions, Erin Fischer sponsored by Oddfellas Pub and Eatery, Savannah Stephen-Borer sponsored by Auburn Kiwanis of the Valley, Kristen Durrant sponsored by Jerry Honeysett, Sophie Nelson sponsored by HBT Insurance, Syndee Babcock sponsored by Space Management, Elizabeth Keeley sponsored by Molen Orthodontics, and Jacque Guyette sponsored by Auburn Chevrolet. Miss Auburn Outstanding Teen contestants in attendance included: Vivian Dao, Stellsie Thackeray, Bailey Williams, Megan Bass, Madison Truscan, Sylvia Jones, Evelyn Crisotomo, Sophie Tekola, Lexie Smith, and Rovine Sincioco. Mayor Backus introduced Miss Auburn Scholarship officers in attendance: Tamie Bothell, President; Jim Kleinbeck, Vice President; Angie Kleinbeck, Treasurer; Emily Hursh, Secretary; and Co-Executive Directors Tamie Bothell and Lonna Graves. Other board members and volunteers in the audience were also recognized. Mayor Backus, who worked with the Miss Auburn Scholarship Program for thirty-three years, read a proclamation declaring January 24th and January 25th as Miss Auburn and Miss Auburn's Outstanding Teen Scholarship Program Day in the city of Auburn. 2. Human Trafficking Awareness Month Mayor Backus to proclaim January, 2014 as Human Trafficking Awareness Month in the city of Auburn. Mayor Backus read and presented a proclamation declaring January 2014 as Human Trafficking Awareness Month in the city of Auburn to Linda Myers, Core Leader and Co-founder of the Southeast King County Coalition Against Trafficking (SEKCAT). D. Agenda Modifications A revised version of Ordinance No. 6492 was distributed prior to the City Council meeting. II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE A. Public Hearings 1. Right-of-Way Vacation No. V1-13 (Osborne/Gaub) City Council to conduct a public hearing on the application by Plan A Development LLC for the vacation of right-of-way located at the alley between South Division Street and A Street SE, south of East Main Street. Engineering Aide Amber Mund presented the staff report on the request to vacate the alley between South Division Street and A Page 2 of 9 CA.A Page 37 of 220 Street SE south of East Main Street. The alley was dedicated as right-of-way in 1886 through the dedication of the original plat of the City. Plan A Development LLC is the applicant for the vacation and is proposing the vacation in order to create a more cohesive development on adjoining properties. Staff recommends approval of the vacation provided that easements are reserved for utilities and public access easement for the purpose of allowing vehicular, pedestrian, and emergency access to parcels adjacent to the vacated right-of-way. No compensation is required of the applicant since the right-of- way was originally acquired through dedication at no cost to the City. Staff noted that public benefit from the right-of-way includes decreased right-of-way maintenance obligation by the City and an increase in downtown commercial development and sales tax revenue. Mayor Backus opened the public hearing. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen spoke against the alley vacation. There being no further comment, Mayor Backus closed the public hearing. 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. Kristina Driessen, 16 A Street SE, Auburn Ms. Driessen, who has a law practice on A Street SE, spoke regarding the impact of changes in parking near her business. She stated that the parking changes have negatively affected her business and other businesses in the area. Giovanni Di Quattro, owner of The Rainbow Cafe on East Main Street, Auburn Mr. Di Quattro spoke regarding the transfer of sixteen parking spaces that were previously City owned public parking and are now owned by Chase Bank. Mr. Di Quattro questioned the property exchange and reported he has lost business due to the loss of public parking near his business. Assistant Planning and Development Director Jeff Tate explained the Page 3 of 9 CA.A Page 38 of 220 land exchange that occurred between the City and Chase Bank, which was for the parking area across A Street SE for 16 parking spaces in the parking lot north of Safeway. Mr. Tate reported that approximately 80 public parking spaces remain behind East Main Street and north of Safeway. Mr. Tate stated that conversations are ongoing regarding the public use of the 16 parking spaces during non- banking hours. Virginia Haugen, 2503 R Street SE, Auburn Ms. Haugen spoke regarding the need for parking in the downtown area. Veronica Willer, 1408 11th Street NE, Auburn Ms. Willer spoke regarding the need for additional public parking in the downtown area. C. Correspondence There was no correspondence for Council review. III. COUNCIL COMMITTEE REPORTS A. Municipal Services Chair Peloza reported the Municipal Services Committee did not meet on December 23, 2013. The next regular meeting of the Municipal Services Committee is scheduled for January 13, 2014 at 3:30 p.m. B. Planning & Community Development Chair Holman reported the Planning and Community Development Committee last met on December 9, 2013. The Committee received the annual update from the Arts Commission. The Committee reviewed Resolution N. 5010, Ordinance No. 6488, Ordinance No. 6492, and Phase 2 City Hall remodel project. The next regular meeting of the Planning and Community Development Committee is scheduled for January 13, 2014 at 5:00 p.m. C. Public Works Chair Osborne reported the Public Works Committee met this afternoon at 3:30. The Committee reviewed Ordinance No. 6484 relating to the vacation of an alley and discussed arterial and collector pavement projects for 2014, speed cushions design standards, the capital project status report, significant infrastructure projects by other jurisdictions, the Committee's action tracking matrix, and traffic impact fees. The next regular meeting of the Public Works Committee is scheduled for January 21, 2014 at 3:30 p.m. D. Finance Page 4 of 9 CA.A Page 39 of 220 Chair Wales reported the Finance Committee met this evening at 5:00. The Committee reviewed and approved claims vouchers for 2013 in the amount of approximately $1.9 million, 2014 claims vouchers in the amount of $223,340.72, and payroll vouchers in the amount of approximately $2.3 million. The Committee discussed Resolution No. 5021 related to golf course software, sales and use tax history and forecasts, and Ordinance No. 6492 related to the organization of City government. The next regular meeting of the Finance Committee is scheduled for January 21, 2014 at 5:00 p.m. E. Les Gove Community Campus Deputy Mayor Wagner reported the next regular meeting of the Les Gove Community Campus Committee is scheduled for January 22, 2014 at 5:00 p.m. F. Council Operations Committee Deputy Mayor Wagner reported the Council Operations Committee met in special session on January 2, 2014, in order to review Ordinance No. 6492 relating to organization of City administrative government, changes in meeting times for committees, and next steps for the Junior City Council. The next regular meeting of the Council Operations Committee is scheduled for February 3, 2014. 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 December 16, 2013 regular meeting B. Claims Vouchers (Wales/Coleman) 2013 claims voucher numbers 426641 through 426848 in the amount of $1,985,773.74 and dated January 6, 2014. 2014 claims voucher numbers 426849 through 426870 in the amount of $223,340.72 and dated January 6, 2014. C. Payroll Vouchers (Wales/Coleman) Payroll check numbers 534370 through 534406 in the amount of $964,264.33 and electronic deposit transmissions in the amount of $1,316,202.70 for a grand total of $2,280,467.03 for the period covering December 12, 2013 to January 1, 2014. Deputy Mayor Wagner moved and Councilmember Peloza seconded to approve the Consent Agenda. The Consent Agenda includes minutes, claims and payroll vouchers. Page 5 of 9 CA.A Page 40 of 220 MOTION CARRIED UNANIMOUSLY. 7-0 V. UNFINISHED BUSINESS There was no unfinished business. VI. NEW BUSINESS There was no new business. VII. ORDINANCES A. Ordinance No. 6484 (Osborne/Gaub) An Ordinance of the City Council of the City of Auburn, Washington, vacating right-of-way of the alley between South Division Street and A Street SE, south of East Main Street, within the City of Auburn, Washington Councilmember Osborne moved and Councilmember Peloza seconded to introduce and adopt Ordinance No. 6484. Ordinance No. 6484 was discussed during the public hearing this evening. The Ordinance will vacate right-of-way on the block referred to as the "Cavanaugh" block. MOTION CARRIED UNANIMOUSLY. 7-0 B. Ordinance No. 6492 (Wagner/Hursh) An Ordinance of the City Council of the City of Auburn, Washington, amending Sections 2.03.040 and 2.03.090 of the Auburn City Code related to the organization of City administrative government Deputy Mayor Wagner moved Councilmember Peloza seconded to introduce and adopt Ordinance No. 6492. Ordinance No. 6492 allows the Mayor more flexibility in designating positions in City government while still providing Council oversight. MOTION CARRIED UNANIMOUSLY. 7-0 VIII. RESOLUTIONS A. Resolution No. 5024 (Peloza/Hursh) A Resolution of the City Council of the City of Auburn, Washington, confirming the determination of emergency for repairs to City property, and ratifying and confirming prior acts Councilmember Peloza moved and Councilmember Osborne seconded to adopt Resolution No. 5024. Resolution No. 5024 provides for emergency repairs to City property located at 2840 Riverwalk Drive, which was damaged by vandals to Page 6 of 9 CA.A Page 41 of 220 the extent it has created a life/safety issue. MOTION CARRIED UNANIMOUSLY. 7-0 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 Councilmember DaCorsi reported he attended the Association of Washington Cities' training for newly elected officials and completed the Association of Washington Cities' training for effective local leadership. Councilmember DaCorsi also reported on his visit to the Auburn YMCA facility and orientation sessions with city staff. Councilmember Wales announced that she has been selected as a member of the National League of Cities Human Development Committee, a voting member of the King County Board of Health, and a voting member, representing the small cities and towns, on the Pierce County Board of Health. Councilmember Wales reported she attended the City's Wellness Committee meeting. Councilmember Wales also spoke regarding the resources of the King County Board of Health and the assistance King County Health is providing to enrollees in the Affordable Care Act. Councilmember Holman reported he attended the Auburn Area Chamber of Commerce Business Insider luncheon, where Dr. Kipp Herren, Superintendent of Auburn Schools, presented the State of the Schools. Councilmember Holman also reported on his attendance at the Sound Cities Association meeting and his appointment to the Seattle-King County Economic Development Commission, the National League of Cities Community and Economic Development Steering Committee, and the Puget Sound Regional Council Growth Management Committee. Councilmember Peloza reported on his attendance at the South County Area Transportation Board meeting, the Auburn Airport Advisory Board meeting, the Senior Center Christmas lunch program, and his appointment as Chair of the National League of Cities Energy, Environment and Natural Resources Committee. Councilmember Osborne reported that he was selected as a voting member of the Regional Water Quality Committee and the Regional Transit Committee. Councilmember Osborne was also selected as a member of the steering committee for the National League of Cities Transportation, Infrastructure and Services Committee. Page 7 of 9 CA.A Page 42 of 220 Councilmember Trout reported she attended the Association of Washington Cities' training for newly elected officials and orientation sessions provided by City staff. B. From the Mayor Mayor Backus reported on her participation in the Toys for Kids Program and distribution by the Auburn Food Bank and the Holy Family Church holiday basket distribution. Mayor Backus commended the Valley Regional Professional Fire Fighters Association, the Auburn Food Bank, and Holy Family Church for their service to the community during the holiday season. Mayor Backus reported she met with representatives of Sound Transit regarding partnering to find resolutions to the need for additional parking in downtown Auburn. X. EXECUTIVE SESSION At 8:49 p.m., Mayor Backus recessed the meeting for a five minute intermission and then to executive session for approximately 30 minutes in order to discuss pending/potential litigation pursuant to RCW 42.30.110(1) (i). Department Directors and staff required for the executive session were City Attorney Daniel B. Heid, Director of Administration Michael Hursh, Finance Director Shelley Coleman, Acting Director of Human Resources and Risk Management Rob Roscoe, and Acting City Engineer Ingrid Gaub. It was announced that Council action may occur following the executive session. Mayor Backus reconvened the meeting at 9:17 p.m. City Attorney Heid read the title of Resolution No. 5022: Resolution No. 5022 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to negotiate and execute an agreement between the City of Auburn and the Washington State Department of Ecology for partial settlement of the ongoing litigation regarding the National Pollution Discharge Elimination System Phase II appeal Councilmember Osborne moved and Councilmember Peloza seconded to adopt Resolution No. 5022. Resolution No. 5022 partially settles litigation the City has against the Washington State Department of Ecology. MOTION CARRIED UNANIMOUSLY. 7-0 City Attorney Heid read the title of Resolution No. 5023: Page 8 of 9 CA.A Page 43 of 220 Resolution No. 5023 A Resolution of the City Council of the City of Auburn, Washington, authorizing the Mayor to execute a Release and Settlement Agreement between the City of Auburn and the Lehnertz Family LLC, for settlement and dismissal of the lawsuit filed in the King County Superior Court under Cause Number 13-2-03852-8 KNT Councilmember Holman moved and Councilmember Wales seconded to adopt Resolution No. 5023. Resolution No. 5023 settles ongoing litigation with David Allen Davis and the Lehnertz Family Trust LLC. MOTION CARRIED UNANIMOUSLY. 7-0 XI. ADJOURNMENT There being no further business to come before the Council, the meeting adjourned at 9:20 p.m. APPROVED THIS _____ day of January, 2014. ___________________________ __________________________ Nancy Backus, Mayor Danielle Daskam, City Clerk Page 9 of 9 CA.A Page 44 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: 2013 Claims Vouchers Date: January 15, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Background Summary: Claims voucher numbers 426877 through 427021 in the amount of $2,520,180.46 and dated January 21, 2014. Reviewed by Council Committees: Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:CA.B AUBURN * MORE THAN YOU IMAGINEDCA.B Page 45 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: 2014 Claims Vouchers Date: January 16, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve 2014 claims vouchers. Background Summary: Claims voucher numbers 426871 through 426873 and voucher numbers 427022 through 427120 in the amount of $2,768,339.58 and one wire transfer in the amount of $792.00 and dated January 21, 2014. Reviewed by Council Committees: Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:CA.C AUBURN * MORE THAN YOU IMAGINEDCA.C Page 46 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Payroll Vouchers Date: January 15, 2014 Department: Administration Attachments: No Attachments Available Budget Impact: $0 Administrative Recommendation: Approve Payroll Vouchers. Background Summary: Payroll check numbers 534407 through 534455 in the amount of $949,606.03, electronic deposit transmissions in the amount of $1,257,913.93 for a grand total of $2,207,519.96 for the period covering January 2, 2014 to January 15, 2014. Reviewed by Council Committees: Councilmember:Wales Staff:Coleman Meeting Date:January 21, 2014 Item Number:CA.D AUBURN * MORE THAN YOU IMAGINEDCA.D Page 47 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Project No. CP0746 Date: January 14, 2014 Department: Planning and Development Attachments: Professional Services Agreement Budget Impact: $0 Administrative Recommendation: City Council to authorize staff to enter into consultant services Agreement No. AG-C-449 with environmental consultant Maul Foster Alongi(MFA) to provide environmental and real estate services to assist the City with project design and real estate requirements for the Mill Creek Wetland 5K ERP project. Background Summary: The City of Auburn is working with the Army Corps of Engineers (Corps) to design and construct the Mill Creek Wetland 5K Reach stream restoration project, which is included in the City of Auburn 2014-2019 Capital Facilities Plan as Project No. CP0746. The project, which constructs stream restoration and habitat improvements on Mill Creek between Main Street and SR-167, is one of 45 projects in the Green River drainage basin identified and authorized by Congress for federal funding under the Green/Duwamish Ecosystem Restoration Program (ERP) as part of the federal Water Resources Development Act of 2000. For ERP projects, federal and non-federal roles and responsibilities are detailed in two agreements, one for design and one for construction. The City entered into a project Design Agreement with the Corps in 2010. The Design agreement establishes a federal/non-federal cost share for design of 75-percent federal, 25-percent non federal (City). A construction agreement, referred to by the Corps as a Project Partnership Agreement (PPA), is scheduled to be presented to the City Council for consideration in April 2014 upon the completion of 95-percent Design plans for the project. Under the PPA, the federal cost share for completion of the project is 65-percent, and the non- federal (City) cost share is 35-percent. Under the terms of the Design Agreement, the City’s responsibilities include design team participation and design plan technical review. Under the terms of the prospective Project Partnership Agreement, City responsibilities include the acquisition of necessary real estate interests and meeting the requirements of the Corps’ real estate certification AUBURN * MORE THAN YOU IMAGINEDCA.E Page 48 of 220 process. That process, referred to as LERRD certification by the Corps (LERRD refers to Land, Easements, Right-of-Way, Relocation, and Disposal sites), has a number of substantive and procedural requirements that dictate a specific process and methodology that must be followed by the City to secure and assure the real estate interests that are required for an ERP project. Most City costs associated with LERRD certification can be credited to the City’s cost share for the project. Agreement AG-C-449 Purpose of the Agreement Staff is requesting Council authorization to enter into professional services Agreement No. AG-C-449 with environmental consultant Maul Foster Alongi (MFA) to provide environmental and real estate services to assist the City with project design and real estate requirements for the Mill Creek Wetland 5K ERP project. A copy of AG-C-449 is enclosed. Scope of Work The scope of work includes the following tasks: *Project real estate interest acquisition and LERRD certification activities; *Preparation of a funding strategy, and assistance with identifying and securing supplemental grant funding for the project; and, *Technical review of the project design plans. In addition, the agreement includes an optional task for other technical assistance needs that may be identified by the City as the project moves proceeds. Specific written authorization from the City would be required before any work on this task could be performed. Financial Information Primary consultant services: $81,250.00 Optional consultant services: $10,000.00 Total consultant services: $91,250.00 It is estimated that $52,805.00 of the cost associated with the contract would be eligible for crediting by the Corps against the City’s 35-percent share of the total project cost (LERRD credit). The remaining $38,445.00 would be expenses that are not expected to AUBURN * MORE THAN YOU IMAGINEDCA.E Page 49 of 220 be eligible for LERRD credit. The anticipated cost for this agreement is $91,250.00. Funding for these activities has been budgeted in 2014 under City project CP0746 - Mill Creek Wetland 5K Reach Restoration. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Planning, Legal Councilmember:Holman Staff:Tate Meeting Date:January 21, 2014 Item Number:CA.E AUBURN * MORE THAN YOU IMAGINEDCA.E Page 50 of 220 CA . E Pa g e 5 1 o f 2 2 0 CA . E Pa g e 5 2 o f 2 2 0 CA . E Pa g e 5 3 o f 2 2 0 CA . E Pa g e 5 4 o f 2 2 0 CA . E Pa g e 5 5 o f 2 2 0 CA . E Pa g e 5 6 o f 2 2 0 CA . E Pa g e 5 7 o f 2 2 0 AGENDA BILL APPROVAL FORM Agenda Subject: Public Works Project No. CP1120 Date: January 15, 2014 Department: Public Works Attachments: Budget Status Sheet Vicinity Map Budget Impact: $35,769.77 Administrative Recommendation: City Council approve Change Order No. 02 in the amount of $35,769.77 to Contract No. 13-07 for work on Project No. CP1120 Lea Hill Safe Routes to School. Background Summary: This project includes the construction of the following improvements: 1.Construction of bike lanes, sidewalks, curb and gutter and ADA accessible ramp improvements to complete the remaining pedestrian gap on the south side of SE 312th St starting at 124th Ave SE and extending approximately 600 feet east. 2.Installation of ADA pedestrian push buttons and audible countdown pedestrian signal heads at the existing signalized intersection of SE 312th St and 124th Ave SE, including upgraded ADA accessible ramps. 3.Construction of upgraded ADA accessible ramps on 116th Ave SE at the two marked school crosswalks in front of Rainier Middle School and at the intersection of 116th Ave SE and SE 304th St. 4.Bike lane striping, signage and pavement symbols on 116th Ave SE between SE 312th St and SE 304th St. Change Order No. 02 covers the cost to replace the existing traffic loops at the intersection of SE 312th St and 124th Ave SE that were impacted during construction activities. Change Order No. 02 also covers the costs for the Contractor to install the asphalt concrete along SE 312th St by hand due to there not being enough room for the Contractor to install the new pavement with a paving machine and for additional restoration work that is necessary to complete the improvements. A budget adjustment of $35,769.77 from the 102 Arterial Street Fund (City) will be required this year to fund the project. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDCA.F Page 58 of 220 Public Works Councilmember:Osborne Staff:Snyder Meeting Date:January 21, 2014 Item Number:CA.F AUBURN * MORE THAN YOU IMAGINEDCA.F Page 59 of 220 Project No: CP1120 Project Title: Project Manager: Kim Truong Project Initiation Initiation Date: __7/18/11___ Permision to Advertise Date:1/14/14 Advertisement Date: _6/3/13_ Contract Award Award Date: ___7/16/13________ Change Order Approval Contract Final Acceptance Carry Forward to 2014 Funding Prior Years Prior Years 2013 2014 Total 102 Fund - Federal Grant 26,415 371,308 398,500 102 Arterial Street Fund 34,000 34,000 Total 0 26,415 405,308 0 432,500 Activity Prior Years Prior Years 2013 2014 Total Design Engineering - City Costs 26,415 42,361 69,553 Design Engineering - Consultant Costs 1,924 1,924 Construction Contract 255,369 255,369 Change Order #1 (473)(473) Change Order #2 35,770 35,770 BUDGET STATUS SHEET Lea Hill Safe Routes to School Improvements Funds Budgeted (Funds Available) Estimated Cost (Funds Needed) Change Order #2 35,770 35,770 Authorized Contingency 6,427 4,999 11,426 Other - School District (Education)75,700 75,700 Other - Police Dept. (Enforcement)1,502 1,502 Construction Engineering - City Costs 15,000 2,500 17,500 Total 0 26,415 322,109 118,969 468,270 Prior Years Prior Years 2013 2014 Total *102 Funds Budgeted ( )0 (26,415)(405,308)0 (432,500) 102 Funds Needed 0 26,415 322,109 118,969 468,270 *102 Fund Project Contingency ( )0 0 (83,199)0 0 102 Funds Required 0 0 0 118,969 35,770 * ( # ) in the Budget Status Sections indicates Money the City has available. 102 Arterial Street Budget Status H:\PROJ\CP1120-Lea Hill School Ped Imp\Budget\CP1120-BudgetStatusSheet.xls 1 of 1CA.F Page 60 of 220 CA.F Page 61 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Ratification of Resolution No. 5017 Date: January 12, 2014 Department: Administration Attachments: Resolution No. 5017 Budget Impact: $0 Administrative Recommendation: City Council ratify Resolution No. 5017. Background Summary: On December 16, 2013, the City Council adopted Resolution No. 5017 designating the members of all standing committees of the City Council and designating the Deputy Mayor for the term beginning January 2014. Ratification of the resolution provides the "new" Council an opportunity to vote on the Committee assignments and Deputy Mayor designation. Reviewed by Council Committees: Councilmember:Wagner Staff:Heid Meeting Date:January 21, 2014 Item Number:NB.B AUBURN * MORE THAN YOU IMAGINEDNB.B Page 62 of 220 RESOLUTION NO. 5 0 1 7 A RESOLUTION OF THE CITY COUNCIL OF?HE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION NO. 4893 PASSED DECEMBER 17, 2012, AND DESIGNATING THE MEMBERS, POWERS, DUTIES AND MEETING TIMES AND DAY OF ALL STANDING COMMITTEES OF THE CITY COUNCIL OF THE CITY OF AUBURN AND DESIGNATING THE DEPUTY MAYOR WHEREAS, the Auburn City Council Operations Committee designates the formation and membership of the standing committees of the City Council, subjectto the approval of a majority of the City Council; and WHEREAS, the Council Operations Committee conducted a meeting on December 2,2013, at which time the Committee recommended two scenarios for the membership ofthe standing committees, powers and duties ofistanding committees and meeting schedules and designation of Deputy Mayor for 2014. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY A8SEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. Aubum Resolution No. 4893 passed December 17, 2012, is hereby repealed effective December 31, 2013. Section 2. The Standing Committees of the City Council for the City of Auburn, Washington are as follows: A. PUBLIC WORKS:. Resolution No. 5017 December 16,2013 Page 1NB.B Page 63 of 220 WAYNE OSBORNE (Chair), BILL PELOZA (Vice Chair), and CLAUDE DACORSI (member). SCOPE: Makes recommendations to the City Council as a whole on policies relating to water and sanitary sewer utilities, storm drainage, streets and policy matters involving construction, engineering utilities, traffc, design standards, and maintenance), right-of-way use, streeY vacation, and equipment maintenance and operafions, transportation (current Publia Works capital projects, Public Works Capital Improvement Plans, traffic efficiency, and Transportation Improvement Program oversight).This Committee will coordinate equipment rental and utility matters with 4he Finance Committee. B. FINANCE: LARGO WALES (Chair), JOWN HOLMAN (Vice Chair), and YOIANDA TROUT (member). SCOPE: In addition to the normal monitoring of the financial expenditures of the approved budget, this Committee will make recommendations to the City Council as a whole on policies relating to Capital Facili4ies Plan, human resources, municipal court, legal, information services, and Ciry reaf propeRy transactions including sale, lease, acquisition, and donations. This corrimittee will coordinate property transactions with other appropciate Councit Committees. This Committee will serve as Council's liaison for the Tourism Board , the Fire Relief and Pen"sion Board, the Business Improvement Area (BIA), and the .Aubum Area Chamber of Commerce. Resolution No. 5017 December 16, 2073 Page 2NB.B Page 64 of 220 C. PLANNING AND COMMUNITY DEVELOPMENT: JOHN HOLMAN (Chair), LARGO WALES (Vice Chair), and YOLANDA TROUT (member). SCOPE: Makes recommendations to the City Council as a whole on policie.s relating to land use planning and zoning, code enforcement, annexation, building permits, transportation (long-term planning and land use and the TransportaEion Improvement Program), Capital Improvement Plans (Public Works CIP oversight), parks capital and program planning, cultural arts and public art, oommunications, downtown agreements and operating policies, community services, and economic development. This Committee will serve as the Council's liaison for the Arts Commission, Planning Commission, Human Services Commission, Transportation, Transit and Trails Committee, Parks and Recreation Board wifli regard to planning issues, Planning Commission, Human Services Committee, Urban 'free Board, Auburn Downtown Association, Sister Cities, arid Mukicultural Roundtable. D. MUNICIPAL SERVICES: BILL PELOZA (Chair), WAYNE OSBORNE ce Chair), and CLAUDE DACORSI (member). SCOPE: Makes recommendations to the City Council as a whole on policies relating to police, animal control, emergency planning, telecommunications; solid waste, airport, parks and recreation operations, Aubum Intemational Farmers' Market, Mary Olson Farm, golf course, cemetery, and cable N. This Committee will serve as the CounciPs liaison for the Airport Advisory Board, Aubum Intemational Farmers' Market Board, Aubum Valley Humane Society Board, Farks and Recreation Board with regard to operational issues, and Cemetery Board. Resolution Na. 5017 December 16,2013 Page 3NB.B Page 65 of 220 E. LES GOVE COMMUNITY CANIPUS COMMITTEE RICH WAGNER (Chair), LARGO WALES (Vice Chair), WAYNE OSBORNE (Member) SCOPE: Makes recommendations to the City Council as a whole on policies relating to the senior center, museum, and development and ongoing use of the Community Center and Activity Center facilities at Les Gove Community Campus. This Committee will serve as the Council's liaison for the King. County Library, Museum Board, and the Boys and Girls Club. F. COUNCIL OPERATIONS COMMITTEE: RICH WAGNER (Chair); BILL PELOZA (Vice Chair), LARGO WALES Member) There is created and established a Council Operations Committee for the city council, the appointment, duties and functions thereof to be as follows: Appointment. Membership of the Council Operations Committee shall consist of the Deputy Mayor, regardless of the Deputy Maybr's length of tenure on the City Council, and the two other Councilmembers having the longest tenure on the City Council. Longesttenure is to 'be calculated as the total length of consecutive service as a Councilmember. The Oeputy Mayor shall be the Chair of the Council Operations Committee. The Councilmember having the longest tenure on the City Council shall be the Vice Chair of the Council Operafions Committee. In the event two or more members have equal tenure, the Chair and members of the Council Operations Committee shall be selected on the basis of the largest number of votes received at the most receM general election(sj in which the Councilmembers were respectively elected. It is provided, however, that Councilmembers whose term of o ce will expire prior to or during the first meeting of a new City Council and who have not been re-elected or appointed to another term ofoffice extending beyond the first meeting of a new City Council shall not be allowed to vote at Council on the approval of the membership of the new committees. Resoludon No. 5017 Decemberl6, 2013 Page 4NB.B Page 66 of 220 Powers and Functions. `The function of the Council OperaUons Committee is to supervise the formation and membership of all standing committees of the City CounciL The Council Operations Committee shall, subject to the approval of a majority of the entire City Council, designate all of the standing committees ofthe City CounoiL In addition, the Council Operations Committee shall; biennially at the first mee6ng of a new City Council, or periodically, submit a list of the proposed members of all standing committees of the City Council for approval by a majority vote of the entire City Council. The Council Operations Committee shall also recommend the Chair for each standing committee ofi the City Council, which recommendations shall also be subject to approval!by a majority vote of the entire City Council. The membership of all standing committees of the City Council shall consist exclusively of Councilmembers. Each chair of any standing committee of the City Council shall, in the absence of a quorum at a meeting of his/her particular standing committee, have the autho ityto appoint a non-member of 4he standing committee, from the Ci4y Council to that standing committee forthat meeting to create a quorum for that meeting, or in the chair's absence the vice-chairman shall be able to appoint another Councilmember to that particular committee in the absence of a quorum. The function of the Council Operations Committee is also to propose amendments to the Rules of Procedure of the City Council to the full City Council, and to address issues relating to the whole City Council and make recommendations for action by the full Ciry Council relative to such issues. The Council Operations Committee shall also evaluate and recommend to the whole City Council any actions, responses or sanctions for violations by Councilmembers of these Rules of Procedure, which recommendation shall be considered, voted and/or.acted upon by the Ciry Council in the normal course. In cases of alleged misconduct or violations of the City Council Rules of Procedures (ROP), the person suspected of the alleged misconduct or violation of the ROP shall be afforded'the opportunity to respond, which opportunity shall be given, with advance notice, in an open meeting of the Council Operations Gommittee (COC) prior to the COC making any recommendations regarding censure or reprimand orother disciplinary action. Resolution No. 5017 December 16, 2013 Page 5NB.B Page 67 of 220 Meeting Dates. The Council Operations Committee shall meet the frst Monday of each month at 5:00 p.m. or more often as needed. G. DEPUTY MAYOR and COUNCILMEMBER-AT-LARGE: Counciimember Rich Wagner is designated as Deputy Mayor. Th2 duties of Deputy Mayor are outlined in the City Council Rules of Procedure H. COMMITTEE OF THE WHOLE RICH WAGNER (Ch,air), BILL PELOZA ce Chair), ALL OTHER CITY COUNCILMEMBERS (Members) SCOPE: The Deputy Mayor is automatically the chair and the most senior Councilmember, who is not the Deputy Mayor, is the Vice Chair. The Committee receives and discusses information relaf'ive to issues with broad implications for the City. No votes'are taken at this committee. Section 3. Unless otherwise designated by the Chair, the day and time of the meetings of the Standing Committees of the City Council of the Ciry of Aubum shall be as follows: A. PUBLIC WORKS: 3:30 P.M. First and third Mondays of each month. B. FINANCE.COMMITTEE: 5:00 P.M. First and third Mondays of each month. C. PLANNINGAND COMMUNITY DEVELOPMENT COMMTITEE: 5:00 P.M. Second and fourth Mondays of each month. D. MUNICIPAL SERVICES COMMTITEE: 3:30 P.M. Resolution No. 5017 December 16,2013 Page 6NB.B Page 68 of 220 Second and fourth Mondays of each month. E. LES GOVE COMMUNITY CAMPUS COMMI7TEE 5:00 P.M. Fourth Wednesday of each month. F. COUNCIL OPERATIONS COMMITTEE 5:00 P.M. First Monday of each month. G. COMMITTEE OF THE WHOLE The Council Committee of the Whole shall meet whenever there is a fifth Monday in any mon4h or as needed. Section 4. The City Clerk is authorized and di ected to incorporate the changes in the committees' scope of authority and function in the City Council Rules of Procedure. Section 5. The Mayor is hereby authorized to implement such administratiye procedures as may be necessary to carry out the directives of this legislation. Section 6. This Resolution shall take effect and be in full force and effect upon passage and signature hereon. DATED and SIGNED this ' of 2012. URN PETER B. LE MAYOR Resolution No. 5017 December 16, 2013 Page 7NB.B Page 69 of 220 ATTEST:. n Danielle E. Daskam, City Cle k APPROVED AS TO FORM: Daniel B. Heid, City Attomey Resolution No. 5017 December 16, 2013 Page 8NB.B Page 70 of 220 2014 AUBURN CITY COUNCIL COMMITTEES - Option 1 PLANNING& PUBLIC WORKS MUNICIPAL FINANCE LES-( 30VE COUNCIL COMMUNITY SERVICES COMMUNITY CAMPUS OPERATIONS,( COC) DEVELOPMENT 5: 00 pm 3: 30 pm 330 pm 5: 00 pm 5: 00 pm 5: 00 pm 2nd 6 4th Monday lst 6 3rd Monday 2nd& 4th Monday ist& 3rd. Monday 4th Wednesday 1sf Monday John Holman, Chair Wayne Osborne, Chafr BIIi Peloza, Chalr Largo Wales, Chair Rich Wagner, Chair Rich Wagner, Chair Largo Wales, Vice Ch. 8fll Peloza, Vlce Ch. Wayne Osborne, Vice Ch. John Holman, Vice Ch. Largo Wales, Vice Ch. BIII Peloza, Vice Ch. Yolanda Trout Claude DeCorsl Claude DaCorsi Yolanda Trout Wayne Osborne Largo Wales Land use, Zoning Water Police City Budgel Museum Commitlee Structure Code Enforcement Sanitary Sewer Solid Waste Capital Facilities Plan Senior Center Committee Membership Building Permits Starm Drainage Airport Finance Capital 8 Operating Policy for: • Whole Council Issues Annexation Right- of- Way Management • GoH Course Humen Resources Communiry Center Council Rules of Procedure Economic Development Streets Cemetery Municipal Court Adivity Center Annual vsioning Retreat Cultural Arta, Public Art Maintenance& Operations • Parks& Rec. Operations Legal Junior City Council Equipment Rental Farmers' Market Infarmation Services LGCC Llaisons: Parks Capital and Engineering uuiiees, aarrc, Museum Board Program Planning Animai Control City Real Property desipn ataMards, maintenance) Boys 8 Girls Club COMMITTEE OF Engineering aevewpmenq Tetecommunications Facilities Management , ng County Library THE WHOLE( COW) Transportation current rw Govemmenlal Affaira Transportation( tong- term Cable TV capTM projeas, tralficeffi ency, 5th Monday in any month 9, nP 0") nr overaipm, PW Civ aaim) • Emergency Planning Ca Ral Improvement Plans FC uaisons: Rich Wagner, Chalr pey o, re, sreht Mary. Olsan Farm Tourism Board BIII PelOZa, Vice Ch. TP: 6 year i • Communicarions 7ransponanon Chamber of Commerce All Other Improvement MSC LI815on8: CommunityServicea progrem AiryartAdvisoryBOard BIA, Bus. ImprovementArea COUnCilmembef8 Downtown Agreements Cemetery Board Fire Relief& Pension Board Dntn. Opereting Policies Fartners' Market Board Broad implication issues Aubum Velley Humane No Coundl vote taken Society Board PCDC Llalsons: Parlis& RecreaUon Board DEPUTY MAYOR Planning Commission operational issues) Rich Wa ner Human Services Commis' n k -. 9 Mufticulturel Roundtable Act in abaence of the Mayar Altemate to all committees Arts Commission CounGlmember training Parks& Recreation Board pi T Y U MneipE Support cooperative planningissues) Councilmemberrelations Aubum Downtown Assoc. Help mainfain cooperedve Urtian Tree 8oard Couna6Mayor: relations 7TT Committee Chair COW&' COC Transportation, T2nsi18 Treils) Mentor Junior City Coundl Sister CAiea cau ICOmmiCe82013 w 12/ 1113 920 pm rew NB.B Page 71 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5013 Date: December 30, 2013 Department: Public Works Attachments: Res 5013 Ordinance No. 6491 Exhibit A Exhibit B Exhibit C Exhibit D Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5013. Background Summary: Resolution No. 5013 sets the date of the public hearing for Franchise Agreement No. 13-37 for T-Mobile West LLC for February 3, 2014 at 7:30 pm in the Council Chambers. Franchise Agreement No. 13-37, Draft Ordinance No. 6491 is attached as back up documentation for Resolution No. 5013. Per Auburn City Code Chapter 20.06.010, a franchise shall be required of any commercial utility or telecommunications operator or carrier or other person who desires to occupy public ways of the city and to provide telecommunications or commercial utility services to any person or area in the city. T-Mobile West LLC has applied for a Franchise Agreement for wireless telecommunications facilities that are currently in the City’s rights of way on the west hill. These facilities were originally installed under a Right of Way Use Agreement with King County prior to the area being annexed into the City. This agreement will bring T- Mobile into compliance with City Code and allow them to obtain construction permits so that they can make repairs, upgrades and improvements to existing facilities. All construction permits would be reviewed, approved and managed through the City’s permitting processes that are a requirement of the Franchise Agreement. At this time T- Mobile does not intend to install any new facility sites in Auburn. Any new sites would require a review through City processes and an amendment to the franchise agreement. Reviewed by Council Committees: AUBURN * MORE THAN YOU IMAGINEDRES.A Page 72 of 220 Planning And Community Development, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:January 21, 2014 Item Number:RES.A AUBURN * MORE THAN YOU IMAGINEDRES.A Page 73 of 220 RESOLUTION NO. 5 0 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER A FRANCHISE AGREEMENT WITH T- MOBILE WEST LLC WHEREAS, T-Mobile West LLC has applied to the City for a non-exclusive Franchise Agreement for the right of entry, use, and occupation of certain public rights-of- way within the City of Auburn, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of- way; and WHEREAS, the Public Works Committee of the Auburn City Council has reviewed T-Mobile West's application materials, and, pursuant to ACC 20.06.040, the Public Works Committee has recommended to the City Council that it schedule a public hearing on the application; and WHEREAS, the City Council agrees with the recommendation of the Public Works Committee, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That a hearing on the application by T-Mobile West LLC for a Franchise Agreement with the City of Auburn is hereby set for 7:30 p.m. on the 3rd day of February, 2014, at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all persons wishing to speak to the application at the public hearing being invited to attend. Resolution No. 5013 Franchise Agreement No. 13-37 November 13, 2013 Page 1 of 2 RES.A Page 74 of 220 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation, including posting notice of such public hearing as required by State law and City Ordinance. Section 3. This Resolution shall be in full force in effect upon passage and signatures hereon. DATED and SIGNED this day of 2014. CITY OF AUBURN Nancy Backus Mayor Attest: Danielle E. Daskam, City Clerk Approv-e as to Form: ItAani OFM-- 0 Daniel B. Heid, City Attorney Resolution No. 5013 Franchise Agreement No. 13-37 November 13, 2013 Page 2 of 2 RES.A Page 75 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 1 of 15 ORDINANCE NO. 6491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, GRANTING TO T-MOBILE WEST LLC, A DELAWARE LIMITED LIABILITY COMPANY, A FRANCHISE FOR TELECOMMUNICATIONS WHEREAS, T-Mobile West LLC, a Delaware limited liability company(“Grantee”) has applied to the City of Auburn (“City”) for a non-exclusive Franchise for the right of entry, use, and occupation of certain public right(s)-of- way within the City, expressly to install, construct, erect, operate, maintain, modify, repair, relocate and remove its facilities in, on, over, under, along and/or across those right(s)-of-way (“Franchise”); and WHEREAS, with respect to some of these facilities, they were previously installed the public rights of ways with the permission of King County, which managed those right(s)-of-way prior to the annexation of those rights of way into the City of Auburn; and WHEREAS, following proper notice, the City Council held a public hearing on Grantee’s request for a Franchise, at which time representatives of Grantee and interested citizens were heard in a full public proceeding affording opportunity for comment by any and all persons desiring to be heard; and WHEREAS, with respect to those facilities previously installed by authorization of King County, this agreement supersedes and replaces all agreements between Grantee and King County; and WHEREAS, based upon the foregoing recital clauses, and from information presented at such public hearing, and from facts and circumstances developed or discovered through independent study and investigation, the City Council in compliance with RCW 35.99 now deems it appropriate and in the best interest of the City and its inhabitants that the franchise be granted to Grantee. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN as follows: Section 1. Grant of Right to Use Franchise Area A. Subject to the terms and conditions stated herein, pursuant to RCW 35.99 the City grants to the Grantee general permission to enter, use, and occupy the public right(s)-of-way of the City. However, Grantee shall not extend its occupation of the public rights of way beyond the two facilities that presently RES.A Page 76 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 2 of 15 occupy the rights of way as specified in Exhibit “A”, attached hereto and incorporated by reference (the “Franchise Area”), without having first obtained an amendment to this agreement and site specific permits from the City authorizing Grantee to install telecommunications equipment at such other locations than specified in Exhibit “A”. B. This Franchise does not authorize the use of the public rights of ways for any facilities or services other than for wireless telecommunications facilities. C. This Franchise is non-exclusive and does not prohibit the City from entering into other agreements, including Franchises, impacting the Franchise Area, unless the City determines that entering into such agreements interferes with Grantee’s rights set forth herein. D. Except as explicitly set forth herein, this Franchise does not waive any rights that the City has or may hereafter acquire with respect to City rights-of- way. This Franchise shall be subject to the power of eminent domain, and in any proceeding under eminent domain. Grantee acknowledges that the City has the power of eminent domain and that Grantee’s remedies in the event of the exercise of such power are set forth in RCW 35.99 and other applicable law. E. The City reserves the right to change, regrade, relocate, abandon, or vacate any public right-of-way. If, at any time during the term of this Franchise, the City vacates any portion of the rights of way containing Grantee Facilities, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79.030, within which the Grantee may continue to operate any existing Grantee Facilities under the terms of this Franchise for the remaining period set forth under Section 3. F. The Grantee agrees that its use of the Franchise Area shall at all times be subordinated to and subject to the City and the public’s need for municipal infrastructure, travel, and access to the Franchise Area, except as may be otherwise required by law. Section 2. Notice A. Except as defined in the respective filing and emergency work provisions of Sections 5 and 7 herein, all notices, requests, demands and other communications shall be in writing and are effective three (3) days after deposit in the U.S. mail, certified and postage paid, or upon receipt if personally delivered or sent by next-business-day delivery via a nationally recognized overnight courier to the addresses set forth below. City or Grantee may from time to time RES.A Page 77 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 3 of 15 designate any other address for this purpose by providing written notice to the other party effective thirty (30) days after the provision thereof. City: City of Auburn Engineering Aide, Transportation 25 West Main Street Auburn, WA 98001-4998 Telephone: (253) 931-3010; Fax: (253) 931-3048 with a copy to: City Clerk City of Auburn 25 West Main Street Auburn, WA 98001-4998 Grantee: T-Mobile USA, Inc. 12920 SE 38th Street Bellevue, WA 98006 Attention: Lease Compliance/ City of Auburn Franchise B. Any changes to the above-stated Grantee information shall be sent to the City, referencing the title of this agreement. C. The above-stated voice and fax telephone numbers shall be staffed at least during normal business hours, Pacific time zone. Section 3. Term of Agreement A. This Franchise shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option of Term: The Grantee may renew this Franchise for an additional five (5) year period upon submission and approval of the application specified under ACC 20.06.130, as it now exists or is amended, within the timeframe set forth therein (currently 240 to 180 days prior to expiration of the then-current term), which approval shall not be unreasonably withheld, conditioned or delayed. Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials reasonably deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC. RES.A Page 78 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 4 of 15 C. Failure to Renew Franchise – Automatic Extension. If the Parties fail to formally renew this Franchise prior to the expiration of its term or any extension thereof, the Franchise automatically continues month to month until renewed or until either party gives written notice at least one hundred eighty (180) days in advance of the intent not to renew the Franchise. Section 4. Definitions For the purpose of this agreement: “ACC” means the Auburn City Code. "Emergency" means a condition of imminent danger to the health, safety and welfare of persons or property located within the City including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots, acts of terrorism or wars. “Maintenance or Maintain” shall mean examining, testing, inspecting, repairing, maintaining, modifying and/or replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation. “Relocation” means permanent movement of Grantee facilities required by the City, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request. “Rights-of-Way” means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys, sidewalks, and easements, owned or controlled by the City. Section 5. Acceptance of Franchise A. This Franchise, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance, attached hereto as Exhibit “D,” and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 (collectively, “Franchise Acceptance”). The date that such Franchise Acceptance is filed with the City Clerk shall be the effective date of this Franchise. B. Should the Grantee fail to file the Franchise Acceptance with the City Clerk within thirty (30) days after the effective date of the ordinance approving the Franchise, the City’s grant of the Franchise will be null and void. RES.A Page 79 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 5 of 15 Section 6. Construction and Maintenance A. The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Facilities. Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner. B. Grantee agrees to coordinate its activities with the City and all other utilities located within the public right-of-way within which Grantee is undertaking its activity. C. The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the public right-of-way and may from time to time, pursuant to the applicable sections of this Franchise, require the removal, relocation and/or replacement thereof in the public interest and safety in compliance with applicable law. D. Before commencing any work involving excavation within the public right-of-way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure. E. Tree Trimming. Upon prior written approval of the City and in accordance with City ordinances, Grantee shall have the authority to reasonably trim trees upon and overhanging streets, public rights-of-way, and places in the Franchise Area so as to prevent the branches of such trees from coming in physical contact with the Grantee Facilities. Grantee shall be responsible for debris removal from such activities. If such debris is not removed within twenty- four (24) hours of completion of the trimming, the City may, at its sole discretion, remove such debris and charge Grantee for the cost thereof. This section does not, in any instance, grant automatic authority to clear vegetation for purposes of providing a clear path for radio signals. Any such general vegetation clearing will require an additional and separate approval from the City. Section 7. Access, Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City telephonically during normal business hours (at 253-931-3010 and during non-business hours at 253-876-1985) as promptly as possible, before such repair or emergency work commences, and in writing as soon thereafter as possible. Such notification shall include the Grantee’s emergency contact phone number for the corresponding response activity. For RES.A Page 80 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 6 of 15 any emergency or after normal business hour issues involving the Grantee’s facilities which requires the Grantee’s immediate response the City shall contact the Grantee at their network operations center telephonically at 888-662-4662, which is operated 24 hours a day, seven days a week. The City may commence emergency response work, at any time, without prior written notice to the Grantee, but shall notify the Grantee in writing as promptly as possible under the circumstances of the nature of the emergency and the actions taken to address it. Section 8. Damages to City and Third-Party Property Grantee agrees that if any of its actions under this Franchise impairs or damages any City property, survey monument, or property owned by a third- party, Grantee will restore, at its own cost and expense, said property to a safe condition. Such repair work shall be performed and completed pursuant to City Code.. Section 9. Location Preference and Interference A. Any structure, equipment, appurtenance or tangible property of a utility, other than the Grantee’s, which was installed, constructed, completed or in place prior in time to Grantee’s application for a permit to construct or repair Grantee Facilities under this Franchise shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed prior to another utility’s submittal of a permit for new or additional structures, equipment, appurtenances or tangible property, then the Grantee Facilities shall have such priority. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any City road or right-of-way. A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation. This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities. Such relocations shall be governed by Section 11. B. Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, in consultation with Grantee and other utility purveyors or authorized users of the Public Way, will develop guidelines and procedures for determining specific utility locations. Section 10. Grantee Information A. Grantee agrees to supply, at no cost to the City, any information reasonably requested by the City to coordinate municipal functions with RES.A Page 81 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 7 of 15 Grantee’s activities and fulfill any municipal obligations under state law. Said information shall include, at a minimum, as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the Rights-of-Way. Said information may be requested either in hard copy or electronic format, compatible with the City’s data base system, as now or hereinafter existing, including the City’s geographic information Service (GIS) data base. Grantee shall keep the City informed of its long-range plans for coordination with the City’s long-range plans. B. The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City. Accordingly, the City agrees to notify the Grantee of requests for public records related to the Grantee, and to give the Grantee a reasonable amount of time to obtain an injunction to prohibit the City’s release of records. C. Grantee shall indemnify and hold harmless the City for any loss or liability for fines, penalties, and costs (including attorneys fees) imposed on the City because of non-disclosures requested by Grantee under Washington’s open public records act, provided the City has notified Grantee of the pending request and has given Grantee ten working days to obtain an injunction to prohibit the City’s release of records. Section 11. Relocation of Grantee Facilities A. Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities as ordered by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 in the event the Franchise Area is required for use by the City in performance of its municipal services. In such event, City will give Grantee prior written notice of the need for such relocation of the Franchise Area. Notwithstanding the foregoing however, and pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other similar losses in connection with any such change, relocation, abandonment, or vacation of the right-of-way(s). B. If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof. Section 12. Abandonment and or Removal of Grantee Facilities A. Within one hundred and eighty days (180) of Grantee’s permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City’s discretion, remove the affected facilities, or, with the City’s RES.A Page 82 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 8 of 15 written permission, abandon in place such facilities whereupon they will transfer to the City in their AS IS and WHERE IS condition without need of execution of any further documentation formalizing the transfer, and without representation or warranty of any kind or nature provided the Grantee shall provide to the City drawings, maps or other documentation about said facilities to the reasonable satisfaction of the City. Following such transfer, Grantee shall no longer be responsible for any liability, maintenance, repair or removal obligations related to or arising from the transferred facilities. B. The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Franchise. Section 13. Undergrounding A. The parties agree that this Franchise does not limit the City’s authority under federal law, state law, or local ordinance, to require the undergrounding of utilities that can be installed underground. B. Whenever the City requires the undergrounding of aerial utilities in the Franchise Area, the Grantee shall underground those portions of Grantee Facilities that can be installed underground in the manner specified by the City Engineer at no expense or liability to the City, except as may be required by RCW Chapter 35.99 or other applicable law. Where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities it utilizes, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities. Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded and the use thereof by all applicable parties Section 14. Indemnification and Hold Harmless A. The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys’ fees to the extent caused by Grantee’s performance under this Franchise, except to the extent such costs, claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City, its agents, contractors, employees or invitees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the RES.A Page 83 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 9 of 15 City, its officers, officials, employees, and volunteers, the Grantee’s liability hereunder shall be only to the extent of the Grantee's negligence. B. The Grantee shall hold the City harmless from any liability for any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Franchise Area or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence or intentional misconduct of the City, its agents, contractors, employees or invitees performing such work. C. The Grantee acknowledges that neither the City nor any other public agency with responsibility for firefighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue. The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services. The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City’s failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City’s failure or inability to provide such services. D. Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section. E. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW , solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement with respect to acts or events occurring prior thereto. Section 15. Insurance A. The Grantee shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, or employees in the amounts and types set forth below: 1. Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for RES.A Page 84 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 10 of 15 bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, and personal injury liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an additional insured under the Grantee’s Commercial General Liability insurance policy with respect to the work performed under this Franchise using ISO Additional Insured Endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Professional Liability insurance with limits no less than $1,000,000 per claim carried by all licensed professionals employed or retained by Grantee to perform services under this Franchise. 4. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: 1. The Grantee’s insurance coverage shall be primary insurance with respect to claims alleging Grantee’s negligence. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee’s insurance and shall not contribute with it. 2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled by either party except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. RES.A Page 85 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 11 of 15 D. Verification of Coverage. Grantee shall furnish the City with documentation of insurer’s A.M. Best rating and with original certificates and a copy of amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. E. Grantee shall have the right to self-insure any or all of the above- required insurance. Any such self insurance is subject to approval by the City. F. Grantee’s maintenance of insurance as required by this Franchise shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 16. Performance Security The Grantee shall provide the City with a bond, or other financial guarantee in a form and substance reasonably acceptable to the City, in the amount of Fifty Thousand Dollars ($50,000) running for, or renewable for, the term of this Franchise. In the event Grantee shall fail to substantially comply with any one or more of the provisions of this agreement within the applicable cure or grace period, then there shall be recovered jointly and severally from the principal and any surety of such financial guarantee any damages suffered by City as a direct result thereof, including but not limited to staff time, material and equipment costs, compensation or indemnification of third parties, and the cost of removal or abandonment of facilities hereinabove described. Grantee specifically agrees that its failure to comply with the terms of Section 19 shall constitute damage to the City in the monetary amount set forth therein. Such a financial guarantee shall not be construed to limit the Grantee’s liability to the guarantee amount, or otherwise limit the City’s recourse to any remedy to which the City is otherwise entitled at law or in equity. Section 17. Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned. B. This Franchise shall not be leased, assigned or otherwise alienated without the express prior consent of the City by ordinance. The foregoing RES.A Page 86 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 12 of 15 notwithstanding, Grantee may assign this Franchise in whole or in part without the need for the City’s consent to any entity that controls, is controlled by, or is under common control with Grantee, or to any entity resulting from any merger or consolidation with Grantee, or to any partner of Grantee or to any partnership in which Grantee is a general partner, or to any person or entity that acquires all of the assets of Tenant as a going concern. C. For any assignment requiring City consent, Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than sixty (60) days after the proposed date of transfer: (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer (redacted for any financial terms); (b) All information reasonably required by the City of an applicant for a Franchise with respect to the proposed assignee or transferee; and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer. D. Prior to the City’s consideration of a request by Grantee to consent to a Franchise assignment or transfer, the proposed Assignee or Transferee shall file with the City a written promise to unconditionally accept all terms of the Franchise, effective upon such transfer or assignment of the Franchise. The City is under no obligation to undertake any investigation of the transferor’s state of compliance and failure of the City to insist on full compliance prior to transfer does not waive any right to insist on full compliance thereafter. E. Upon assignment, Grantee shall be relieved of all liabilities and obligations hereunder accruing thereafter and City shall look solely to the assignee for performance under this agreement and all such obligations accruing thereafter hereunder provided such assignee accepts all such obligations in writing within thirty (30) days of the date of assignment and is of substantially similar financial strength or credit worthiness as Grantee. Section 18. Dispute Resolution A. In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement. The officers or representatives shall meet within thirty (30) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute. B. If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies. This RES.A Page 87 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 13 of 15 Franchise shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington. The prevailing party in any such action shall be entitled to its attorneys’ fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment. Section 19. Enforcement and Remedies A. If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Franchise through willful or unreasonable negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement, the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification. If the City determines the breach cannot be cured within thirty (30) days, the City may specify a longer cure period, and condition the extension of time on Grantee’s submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion. If the breach is not cured within the specified time, or the Grantee does not comply with the specified conditions, the City may, at its discretion, either (1) revoke the Franchise with no further notification, or (2) claim damages of Two Hundred Fifty Dollars ($250.00) per day against the financial guarantee set forth in Section 16 for every day after the expiration of the cure period that the breach is not cured. B. Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Franchise and/or require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee’s actions are not allowed under applicable federal and state or City laws, to compel Grantee to cease such actions. Section 20. Compliance with Laws and Regulations A. This Franchise is subject to, and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies (including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Franchise. Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Franchise Area. RES.A Page 88 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 14 of 15 B. The City reserves the right at any time to amend this Franchise to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, if required by such statute or regulation, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment. If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the call for negotiations, the City may enact the proposed amendment, by incorporating the Grantee’s concerns to the maximum extent the City deems possible, or Grantee may terminate this agreement without further liability or penalty subject to its prompt removal of the Grantee Facilities in compliance with applicable terms herein. C. The City may terminate this Franchise upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modification within such thirty (30) day period. Section 21. License, Tax and Other Charges This Franchise shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of the Franchise Area. Section 22. Consequential Damages Limitation Notwithstanding any other provision of this agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages. Section 23. Severability If any portion of this Franchise is deemed invalid, the remainder portions shall remain in effect provided the provision deemed invalid is not a material term to this agreement. Section 24. Titles RES.A Page 89 of 220 ------------------------------ Ordinance No. 6491 Franchise Agreement No. 13-37 September 24, 2013 Page 15 of 15 The section titles used herein are for reference only and should not be used for the purpose of interpreting this Franchise. Section 25. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 26. Termination. Grantee shall have the right to terminate this agreement with respect to an individual Franchise Area authorized hereunder, without penalty, upon one hundred twenty (120) days prior written notice. In such event, all applicable fees and/or costs set forth herein shall be equitably adjusted as of the effective date of termination Section 27. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: ___________________ PASSED: ________________________ APPROVED: _____________________ ________________________________ NANCY BACKUS, MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ RES.A Page 90 of 220 L A K ELAKETAPPSTAPPS S 277TH ST J O V I T A BLVD E PACIFIC AVE S M I L I T A R Y R D S ELLINGSON RD SW 8TH ST E WEST VALLEY HWY S 124TH AVE SE 132ND AVE SE 38TH AVE S STEWART RD SW A ST SE WEST VAL LEY H WY S 12TH ST E 182ND AVE E A U B U R N-BLACK DIAMOND RD SE S 288TH ST 9TH ST E 16 TH S T E A U B U R N-E N U M C LA W RD S M I L I T A R Y R D S 2 1 0 T H A V E E M I L I T A R Y R D S MILITARY RD S 18 18 164 167 A ST SE B ST NW AUBURN WAY S C ST SW I ST NE M ST SE AUBURN WAY N R ST SE 124TH AVE SE WEST VALLEY HWY N 132ND AVE SE S 277TH ST C ST NW 15TH ST SW W MAIN ST 15TH ST NW SE 304TH ST E MAIN ST LA KE TA P PS PK W Y S E 41ST ST SE 29TH ST SE SE 312TH ST 51ST AVE S K E R S EY WAY SE 8TH ST NE 37TH ST NW L A K E L A N D H I L L S W A Y S E ORAVETZ RD SE M ST NE D ST NW A ST NE 4TH ST SE 104TH AVE SE A ST NW SE 320TH ST WEST VALLEY HWY S LEA HILL RD SE EMERALD DOWNS DR NW 37TH ST NE S 316TH ST 321ST ST S AUBURN-BLACK DIAMOND RD SE D ST NE 112TH AVE SE RIVERWA L K D R SE P E A S L E Y C A N Y O N R D S EAST VALLEY HWY E HAR VEY R D NE SE 304TH WAY TERRACE DR N W SE 281ST ST SUMNER-TAPPS HW Y E 17TH ST SE 3RD ST SW 132 N D W AY SE16TH ST NW INDUSTRY DR SW 124TH AVE SE 112TH AVE SE 112TH AVE SE R ST SE A ST SE S E 3 0 4 T H S T SE 320TH ST M U C K L E S H O O TMUCKLESHOOTCASINOCASINO T H E T H E O U T L E T O U T L E T C O L L E C T I O N C O L L E C T I O N K I N GKINGCOUN T YCOUNTY K E N TKENT P A C I F I CPACIFIC P I E R C EPIERCECOUNTYCOUNTY A L G O N AALGONA S U M N E RSUMNER E D G E W O O DEDGEWOOD Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Exhibit "A" - T-Mobile Franchise Area T Mobile Facilities SE4042A SE04028B Hydrology Streams Lakes and Rivers Political Boundaries City of Auburn Surrounding Cities King and Pierce Counties Transportation Arterials Highways Locals Printed On: 11/7/2013 Map ID: 4317 SE4042A SE04028B RES.A Page 91 of 220 EXHIBIT “B” GRANTEE FACILITIES EXISTING T-MOBILE FACILITIES IN CITY OF AUBURN ROW Site ID: SE4042A, “Peasley Canyon” Location: 33043 46th Place South Auburn, WA 98001 Description: Telecommunications Facility consisting of above ground radio equipment cabinets located in a 12’x17’ cedar wood fence enclosure in the Right-of- Way (ROW), with antennas collocated on an existing 88’ above-ground wooden utility pole in the ROW with connecting underground conduit. Site ID: SE04028B, Mountain View Cemetery/PR Location: 5605 S 324th Place Auburn WA 98001 Description: Telecommunication Facility consisting of antennas located on an existing 75’ above-groundround wood utility pole in the Right of Way with connecting underground conduit to the radio equipment cabinets located on adjacent private property. RES.A Page 92 of 220 Ordinance No. 6491 Franchise Agreement No. 13-37 DATE 09/24/2013 Page 1 of 1 EXHIBIT “C” GRANTEE SERVICES SERVICES PROVIDED BY T-MOBILE WITHIN THE CITY OF AUBURN: Telecommunications Services authorized by the Federal Communications Commission; including but not limited to the following: THE TRANSMISSION, AMPLIFICATION AND RECEPTION OF RADIO COMMUNICATION SIGNALS, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO: · VOICE, · DATA, · IMAGES AND VIDEO · E-911/EMERGENCY ACCESS · 3-G AND 4-G RES.A Page 93 of 220 Ordinance No. 6491 Franchise Agreement No. 13-37 DATE 09/24/2013 Page 1 of 1 EXHIBIT “D” STATEMENT OF ACCEPTANCE T-Mobile West LLC, A Delaware limited liability company, , for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Franchise attached hereto and incorporated herein by this reference. T-Mobile West LLC By: Date: Name: Title: Acting Regional Director, Engineering & Operations STATE OF _______________) )ss. COUNTY OF _____________ ) On this ____ day of _______________, 2014, before me the undersigned, a Notary Public in and for the State of __________, duly commissioned and sworn, personally appeared, __________________ of _________, the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of ___________, residing at MY COMMISSION EXPIRES: RES.A Page 94 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5018 Date: January 6, 2014 Department: Public Works Attachments: Res 5018 and Attachments Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5018. Background Summary: MCI Communications, Services, Inc. (MCI), has applied for a renewal of term for Public Way Agreement No 08-03 which was authorized by Resolution No. 4338 and amended by Resolution No. 4797 (please see attached documents) for facilities currently in the City’s right-of-way which has recently expired. The Public Way Agreement (PWA) was reviewed by City staff and the applicant and it was determined that the agreement still meets the needs of the City and the applicant with only a minor amendment to update the term of the agreement for one additional five year term. Resolution No. 5018 amends the current agreement, PWA 08-03, to reflect these changes and authorizes MCI’s fiber optic conduit to remain in the right-of-way per the conditions set forth in Amendment No. 2 (PWA 08-03A2) upon filing with the City Clerk a Statement of Acceptance which is marked “Exhibit A”. Reviewed by Council Committees: Planning And Community Development, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:January 21, 2014 Item Number:RES.B AUBURN * MORE THAN YOU IMAGINEDRES.B Page 95 of 220 RESOLUTION NO. 5 0 1 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE RENEWAL OF PUBLIC WAY AGREEMENT 08-03 AND AMENDING THE TERMS OF THE AGREEMENT WHEREAS, MCI Communications Services, Inc. has applied to the City for renewal of Public Way Agreement 08-03, which was authorized by Resolution No. 4338 and amended by Resolution No 4797, and WHEREAS, the City has reviewed the Grantee's renewal application and determined that renewal of the Public Way Agreement authorized by Resolution No. 4338, amended by Resolution No. 4797 is in the best interest of the City and the citizens of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The City approves Grantee's application for renewal for one five-year period as provided for in Section 3B of Public Way Agreement 08-03, as amended, under the conditions set forth in this Resolution, and in substantial conformity with the previous Agreement a copy of which is attached hereto, marked as Exhibit "A." Section 2. Acceptance of Amendments A.This Amendment and any rights granted hereunder shall not become effective for any purpose unless and until Grantee files with the City Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 1 of 3 RES.B Page 96 of 220 Clerk the Statement of Acceptance, attached hereto as Exhibit "B", and incorporated by reference. The date that such Statement of Acceptance is filed with the City Clerk shall be the effective date of the renewal, which the City has assigned Amendment No. 2. B.Should the Grantee fail to file the Statement of Acceptance with the City Clerk within 30 days after the effective date of the Resolution approving the Amendatory Renewal, said renewal and corresponding agreement will automatically terminate and shall be null and void. Section 4. Implementation The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation, including negotiating and executing the Amendatory Renewal Agreement described herein (Amendment No. 2). Section 5. Severability The provisions of this resolution are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this resolution, or the validity of its application to other persons or circumstances. Section 6. Effective Date This Resolution shall be in full force and effect upon passage and signatures hereon. Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 2 of 3 RES.B Page 97 of 220 Dated and Signed this day of 2014. CITY OF AUBURN Nancy Backus Mayor ATTEST: Danielle Daskam AI2vAfi E S niel B. Hei• r City Attorney Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 3 of 3 RES.B Page 98 of 220 EXHIBIT "A" RESOLUTION NO. 4797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE PUB LIC WAY AGREEMENT NO. 08-03 BETWEEN THE CITY OF AUBURN AND MCI COMMUNICATIONS SERVICES, INC. WHEREAS, the City and MCI Communications Services, Inc. ("MCI") entered into Public Way Agreements in 1996 (PWA 96-07) and 2008(PWA 08- 03); and WHEREAS, the 1996 Agreement has a rolling five-year renewal period, which period expired December 16, 2011 and WHEREAS, it is in the public interest for the parties to enter into an amendment to PWA 08-03 to combine all of MCI's equipment and facilities into one Public Way Agreement. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor and the Auburn City Clerk are hereby authorized to execute an amendment to PWA 08-03 between the City of Auburn and MCI Communications Services, Inc. which amendment shall be in substantial conformity with the agreement hereto, marked as Amendment No. 1 and incorporated herein by this reference. Resolution No.4797 May 17 2012 Page 1 of 2 RES.B Page 99 of 220 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this /,4day of - 2012. Cl OF PETER = EWIS, MAYOR ATTEST Dan" lle E. Daskam, CityClerk APP' s ! D A: : •RM: I I D-niel B. Heid, ! •ttomey Resolution No.4797 May 17 2012 Page 2 of 2 RES.B Page 100 of 220 AMENDMENT NO. 1 ADDENDUM TO PWA 08-03 AGREEMENT BETWEEN MCI COMMUNICATIONS SERVICES,INC.AND THE CITY OF AUBURN RELATING TO PUBLIC WAY AGREEMENT THIS AMENDMENT is made and entered into this a day of MCI Communications,Services,Inc. a Delaware co on(" CI")and the2012,by and between M corpo CITY OF AUBURN, a municipal corporation of the State of Washington ("CITY"), as an amendment to the Agreement ("2008 Agreement") between the parties for public way access executed on the 28th day of April, 2008 (PWA 08-03). RECITALS. 1. MCI's predecessor in interest,WorldCom Network Services,Inc.,and the City executed a public right of way agreement ("1996 Agreement")on December 17, 1996 (PWA 96-07), which agreement allowed MCI to construct, replace, maintain, and use equipment and facilities for an underground fiber optics trunk line within the City The 1996 Agreement contained a rolling five- year renewal period,the most recent of which expired on December 16. 2011. 2. The parties agree that combining the 1996 Agreement and the 2008 Agreement would make it easier for them to administer the equipment and facilities within the City. NOW THEREFORE in consideration of their mutual covenants,conditions and promises,the PARTIES HERETO HEREBY AGREE as follows: 1 Exhibit"A"to PWA 08-03 is amended to include the facilities set forth on Exhibit A to this Amendment. 2. This Amendment,and any rights granted hereunder,shall not become effective for any purpose unless and until MCI files with the City Clerk the Statement of Acceptance within 30 days after the effective date of the resolution approving this Amendment,attached hereto as Exhibit"B" and incorporated herein by reference. The date that the Statement of Acceptance is filed with the City Clerk shall be the effective date of this Amendment. 3 That all other provisions of PWA 08-03 shall remain unchanged, and in full force and effect. PWA 08-03A1 Page 1 of 2 RES.B Page 101 of 220 IN WITNESS WHEREOF the parties hereto have executed this Amendment as ofthe day and year first above written. MCI COMMUNICATIONS SERVICES, INC. C OF A I : ir?: By.0 O . r1 f By C__------? Its: Don Hirschenhof , Manager Peter B. Lewis, Mayor Witness: Attest: By B . Je arl ewicz unicipal A`i rs Danielle . Daskam. City Clerk V Ap oved as to form: y Ap: fo 44 A, r 1 i 1, Mt,' ey for MCI Daniel B. Heid, City Attorney PWA 08-03A1 Page 2 of 2 RES.B Page 102 of 220 MCI Fiber LI r- ...„ ... ,. f; J-(iy IN 1 Q i i nlnna :,,.. 3- f a City Hall City of Auburn P--, jii MCI Fiber(PWA 08-03) Parks Exhibit A MCI Fiber(PWA 96-07) Water Features RES.B Page 103 of 220 EXHIBIT "B" STATEMENT OF ACCEPTANCE MCI Communications Services, Inc , for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of Amendment No 1 to PWA 08-03 attached hereto and incorporated herein by this reference Grantee] By C/s Date "7 - 7 - -2- 01 Z. Name Don Hirschenh er Title Manager Right-of-Way & Municipal Affairs STATE OF -e--x S ss COUNTY OF rA S T On this t clay of -S 2012, before me the undersigned, a Notary Public in and for the Mate of k ie xf duly commissioned and sworn, personally appeared, sL.V•av1,v,4f' of company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on th e herein ove set forth Sign u Mutirees 811-1340111MvsrJve_Q- NOTARY PU6LIC in and for the State of residing at 4((000 SaarASo4 ,•`T1n ( L1\ \ 7S'0cc.,, MY COMMISSION EXPIRES 3 - 13 - Zo l Resolution No 4797 Page 1 of 1 l ' 7k c .r O3-t 3-2O s RES.B Page 104 of 220 RESOLUTION NO. 4 3 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PUBLIC WAY AGREEMENT BETWEEN THE CITY OF AUBURN AND MCI COMMUNICATIONS SERVICES, INC WHEREAS, MCI Communications Services Inc has applied to the City for a non-exclusive Public Way Agreement for the right of entry, use, and occupation of certain public rights-of-way within the City of Auburn, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-way, and WHEREAS, the City has reviewed MCI Communications Services' application and determined that the location of MCI Communications Services' facilities within the requested rights-of-way is in the best interest of the City and the citizens of Auburn, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Public Way Agreement between the City of Auburn and MCI Communications Services, Inc , which agreement shall be in Resolution No 4338 March 31 2008 Page 1 of 2 RES.B Page 105 of 220 substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit"1" 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 this legislation Section 3 This resolution shall be in full force and effect upon passage and signatures hereon sr Dated and Signed this'741 day of 2008 P TER B LEWIS MAYOR ATTEST QaC Danlie E Daskam, City Clerk AP: ••VEDAS TO FOR i b.rdhA Iel c ' eid, City "orne Resolution No 4338 March 31,2008 Page 2 of 2 RES.B Page 106 of 220 CITY OF AUBURN PUBLIC WAY AGREEMENT WITH MCI COMMUNICATIONS SERVICES, INC This Public Way Agreement is entered into by and between the City of Auburn, Washington, a municipal corporation ("City") and MCI Communications Services, Inc., a Delaware corporation ("Grantee") WHEREAS, Grantee has applied to the City for a non-exclusive Public Way Agreement for the right of entry, use, and occupation of certain public right(s)-of-way within the City of Auburn, expressly to install, construct, erect, operate, maintain, repair, relocate and remove its facilities in, on, upon, along and/or across those right(s)-of-way, and WHEREAS, the City has reviewed the Grantee's application and determined that the location of Grantee's facilities within the requested right(s)- of-way is in the best interest of the City and the citizens of Auburn, NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the parties hereto agree as follows Section 1 Notice A Written notices to the parties shall be sent by certified mail to the following addresses, unless a different address shall be designated in writing and delivered to the other party City- Right-of-Way Manager City of Auburn 25 West Main Street Auburn, WA 98001-4998 Telephone (253) 931-3010, Fax. (253) 931-3048 with a copy to City Clerk City of Auburn 25 West Main Street Auburn WA 98001-4998 Grantee MCI Communications Services, Inc Attn Manager, Municipal Affairs 2400 N Glenville Dr Richardson, TX 75082 Resolution No 4338 Exhibit 1 April 15, 2008 Page 1 RES.B Page 107 of 220 1 With a copy to Verizon Business, Legal and External Affairs Attn Associate General Counsel 205 North Michigan Ave Sixth Floor Chicago, IL 60601 B. Any changes to the above-stated Grantee information shall be sent to the City's Right-of-Way Manager, with copies to the City Clerk, referencing the title of this agreement C The above-stated Grantee voice and fax telephone numbers shall be staffed at least during normal business hours of 8 AM to 5 PM Pacific Standard time Section 2 Grant of Right to Use Public Way A Subject to the terms and conditions stated herein, the City grants to the Grantee general permission to enter, use, and occupy the right(s)-of-way specified in Exhibit "A," attached hereto and incorporated by reference (the Public Way") The Grantee shall place Grantee Facilities within the City Conduit Route set forth in Exhibit A, unless the Grantee determines that the route is impracticable for such use, in which case the Grantee shall place Grantee Facilities within the Qwest Conduit Route set forth in Exhibit A Should the Grantee and the City agree that neither of these routes are practicable, the Grantee shall place Grantee Facilities along an alternate route within the Public Way, which may consist of the New Conduit Route set forth in Exhibit A or a mutually agreeable route including a portion of the New Conduit Route and portions of the City and Qwest Conduit Routes, the use of which shall be on terms mutually agreeable between the conduit owner and the Grantee The routes shall be subject to the following additional terms 1 City Conduit Route Should the Grantee choose to make use of existing City conduit, the City shall then make one (1) conduit of one and one quarter inches (1 1/4") in size available to Grantee along that route at a rate of Thirty-Five Cents ($0 35) per lineal foot of conduit per year The Grantee shall place for the City a mutually agreed upon amount of twenty-four (24) strand optical cable into City conduit along the route For those portions of the City Conduit Route in which the Grantee will construct new conduit, the Grantee shall construct for the City, and connect to existing City conduits, one (1) three inch 3") conduit along with related structures necessary to access the conduit ("New City Conduit") that shall be in addition to any conduits to be owned or used by Grantee The New City Conduit is provided as consideration for leasing existing City conduit, and is not subject to the provisions of RCW 35 99 070 The parties Resolution No 4338 Exhibit"1" April15 2008 Page 2 RES.B Page 108 of 220 agree to negotiate in good faith an agreement encompassing the terms of this subsection and any other mutually agreeable terms 2 Qwest Conduit Route Should the Grantee choose to make use of Qwest's existing conduit, and should the Grantee be constructing new conduit along any portion of that route, the City may require the Grantee to install for the City, one (1) three inch (3") conduit, along with related structures necessary to access the conduit The Grantee shall charge its incremental costs in installing said conduit to the City Conduit provided pursuant to this subsection is subject to the provisions of RCW 35 99 070, and the parties agree that they shall negotiate in good faith an agreement meeting the requirements of RCW 80 36 150 that establishes the incremental costs of providing the new City conduits, the specific equipment required by the City, and any other terms mutually agreeable to the parties or required under RCW 35 99.070 3 New Conduit Route Should the Grantee choose to construct new conduit along the New Conduit Route, the Grantee shall install for the City, one (1) three inch (3") conduit, along with related structures necessary to access the conduit The Grantee shall charge its incremental costs in installing said conduit to the City Conduit provided pursuant to this subsection is subject to the provisions of RCW 35 99 070, and the parties agree that they shall negotiate in good faith an agreement meeting the requirements of RCW 80 36 150 that establishes the incremental costs of providing the new City conduits, the specific equipment required by the City, and any other terms mutually agreeable to the parties or required under RCW 35 99 070 4 Alternate Route Should the Grantee and the City agree to an alternate route using portions of the City Conduit Route, the Qwest Conduit Route, and/or the New Conduit Route, the terms of the New Conduit Route shall apply to all newly constructed conduit along the alternate route, and the Grantee shall provide optical cable to the City along the alternate route per the provisions of the City Conduit Route B The Grantee is authorized to install, remove, construct, erect, operate, maintain, relocate and repair the facilities specified in Exhibit "B," attached hereto and incorporated by reference, and all necessary appurtenances thereto, ("Grantee Facilities") for provision of lawful communications, including, without limitation, long distance voice and data communications and other lawful communications as disclosed to the City from time to time ("Grantee Services") in, along, under and across the Public Way, for the sole purpose of providing commercial utility or telecommunications services to persons or areas outside the City C This Public Way Agreement does not authorize the use of the Public Way for any facilities or services other than Grantee Facilities and Resolution No.4338 Exhibit 1 April 15 2008 Page 3 RES.B Page 109 of 220 Grantee Services, and it extends no rights or privilege relative to any facilities or services of any type, including Grantee Facilities and Grantee Services, elsewhere within the City D This Public Way Agreement is non-exclusive and does not prohibit the City from entering into other agreements, including Public Way Agreements, impacting the Public Way, unless the City determines that entering into such agreements interferes with Grantee's right set forth herein E Except as explicitly set forth herein, this Public Way Agreement does not waive any rights that the City has or may hereafter acquire with respect to the Public Way or any other City roads, rights-of-way, property or any portions thereof This Public Way Agreement shall be subject to the power of eminent domain, and in any proceeding under eminent domain, the Grantee acknowledges its use of the Public Way shall have no value F The City reserves the right to change, regrade, relocate, abandon, or vacate the Public Way If, at any time during the term of this Public Way Agreement, the City vacates any portion of the Public Way, the City shall reserve an easement for public utilities within that vacated portion, pursuant to RCW 35.79 030, within which the Grantee may continue to operate the Grantee Facilities under the terms of this Public Way Agreement for the remaining penod set forth under Section 3 G The Grantee agrees that its use of Public Way shall at all times be subordinated to and subject to the City and the public's need for municipal infrastructure, travel, and access to the Public Way, except as may be otherwise required by law H Should the Grantee seek to use the Public Way to provide services, including Grantee Services, to City residents or businesses, the Grantee shall apply for, obtain, and comply with the terms of a City franchise agreement for such use Section 3. Term of Agreement A This Public Way Agreement shall run for a period of five (5) years, from the date of execution specified in Section 5 B Renewal Option of Term The Grantee may renew this Public Way Agreement for an additional five (5) year period upon submission and approval of the application specified under ACC 20 04 120, as it now exists or is amended, within the timeframe set forth therein (currently 180 to 120 days prior to expiration of the then-current term) Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current Resolution No. 4338 Exhibit"1 April 15,2008 Page 4 RES.B Page 110 of 220 application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the Grantee Facilities or Grantee Services, or to reflect specific reporting periods mandated by the ACC Section 4 Definitions For the purpose of this agreement ACC" means the Auburn City Code Emergency" means a condition of imminent danger to the health, safety and welfare of Persons or property located within the City including, without limitation, damage to Persons or property from natural consequences such as storms, earthquakes, riots, acts of terrorism or wars Maintenance or Maintain" shall mean examining, testing, inspecting, repairing, maintaining and replacing the existing Grantee Facilities or any part thereof as required and necessary for safe operation Relocation" means permanent movement of Grantee facilities required by the City for City purposes, and not temporary or incidental movement of such facilities, or other revisions Grantee would accomplish and charge to third parties without regard to municipal request Rights-of-Way" means the surface and the space above and below streets, roadways, highways, avenues, courts, lanes, alleys sidewalks, easements, rights-of-ways and similar public properties and areas Section 5. Acceptance of Public Way Agreement A This Public Way Agreement, and any rights granted hereunder, shall not become effective for any purpose unless and until Grantee files with the City Clerk (1) the Statement of Acceptance attached hereto as Exhibit "C," and incorporated by reference, (2) all verifications of insurance coverage specified under Section 15, and (3) the financial guarantees specified in Section 16 collectively, "Public Way Acceptance") The date that such Public Way Acceptance is filed with the City Clerk shall be the effective date of this Public Way Agreement B Should the Grantee fail to file the Public Way Acceptance with the City Clerk within thirty (30) days after the effective date of the resolution approving the Public Way Agreement, said agreement will automatically terminate and shall be null and void Resolution No 4338 Exhibit"1" April 15 2008 Page 5 RES.B Page 111 of 220 Section 6 Construction and Maintenance A The Grantee shall apply for, obtain, and comply with the terms of all permits required under ACC Chapter 12.24 for any work done upon Grantee Facilities Grantee shall comply with all applicable City, State, and Federal codes, rules, regulations, and orders in undertaking such work, which shall be done in a thorough and proficient manner B Grantee agrees to coordinate its activities with the City and all other utilities located within the Public Way C The City expressly reserves the right to prescribe how and where Grantee Facilities shall be installed within the Public Way and may from time to time, pursuant to the applicable sections of this Public Way Agreement, require the removal, relocation and/or replacement thereof in the public interest and safety at the expense of the Grantee D Before commencing any work within the Public Way, the Grantee shall comply with the One Number Locator provisions of RCW Chapter 19.122 to identify existing utility infrastructure Section 7 Repair and Emergency Work In the event of an emergency, the Grantee may commence such repair and emergency response work as required under the circumstances, provided that the Grantee shall notify the City Right-of-Way Manager in writing as promptly as possible, before such repair or emergency work commences, or as soon thereafter as possible, if advance notice is not practicable The City may act, at any time, without prior written notice in the case of emergency, but shall notify the Grantee in writing as promptly as possible under the circumstances Section 8. Damages to City and Third-Party Property Grantee agrees that should any of its actions under this Public Way Agreement impairs or damages any City property, survey monument, or property owned by a third-party, Grantee will restore, at its own cost and expense, said property to a safe condition Such repair work shall be performed and completed to the satisfaction of the City Engineer Section 9. Location Preference A Any structure, equipment, appurtenance or tangible property of a privately-owned utility, other than the Grantee's, which was installed, constructed, completed or in place pnor in time to Grantee's application for a permit to construct Resolution No 4338 Exhibit"1 April 15,2008 Page 6 RES.B Page 112 of 220 or repair Grantee Facilities under this Public Way Agreement shall have preference as to positioning and location with respect to the Grantee Facilities. However, to the extent that the Grantee Facilities are completed and installed pnor to new or additional structures, equipment, appurtenances or tangible property of an earlier privately-owned utility being installed or completed, then the Grantee Facilities shall have priority. These rules governing preference shall continue in the event of the necessity of relocating or changing the grade of any such City road or right-of-way A relocating utility shall not necessitate the relocation of another utility that otherwise would not require relocation This Section shall not apply to any City facilities or utilities that may in the future require the relocation of Grantee Facilities Such relocations shall be governed by Section 11 B Grantee shall maintain a minimum underground horizontal separation of five (5) feet from City water facilities and ten (10) feet from above- ground City water facilities; provided, that for development of new areas, the City, together with Grantee and other utility purveyors or authorized users of the Pubic Way, will develop and follow the Public Works Director's determination of a consensus for guidelines and procedures for determining specific utility locations, subject additionally to this agreement and to a Franchise agreement, should one become necessary Section 10. Grantee Information A Grantee agrees to supply, at no cost to the City, such information as the Director of Public Works, or Right-of-Way Manager, find necessary to coordinate municipal functions with Grantee's activities and to fulfill any municipal obligations under state law Said information shall include, at a minimum, quarterly statements due on the first day of January, April, July, and October of each year detailing any changes in the information submitted as part of Grantee's Public Way Agreement application as set forth in Exhibit "D," attached hereto and incorporated by reference; as-built drawings of Grantee Facilities, installation inventory, and maps and plans showing the location of existing or planned facilities within the City Said information may be requested either in hard copy and/or electronic format, compatible with the City's data base system, as now or hereinafter existing, including the City's geographic information Service (GIS) data base. Grantee shall keep the Right-of-Way Manager informed of its long-range plans for coordination with the City's long-range plans B The parties understand that Washington law limits the ability of the City to shield from public disclosure any information given to the City Accordingly, the parties agree to work together to avoid disclosures of information which would result in economic loss or damage to Grantee because of mandatory disclosure requirements to third persons. In the event the parties cannot agree, the dispute shall be submitted to the City Hearing Examiner, subject to the record before the Resolution No.4338 Exhibit 1 April 15,2008 Page 7 RES.B Page 113 of 220 Hearings Examiner Notwithstanding this option, Grantee shall indemnify and hold harmless the City for any loss or liability for costs for attorneys fees because of non-disclosures requested by Grantee under Washington's open public records law, provided reasonable notice and opportunity to defend was given to Grantee or Grantee is made aware of the pending of a request or claim Section 11 Relocation, of Grantee Facilities A Except as otherwise so required by law, Grantee agrees to relocate, remove, or reroute its facilities at its sole expense and liability and at no expense or liability to the City, except as may be required by RCW Chapter 35 99, as ordered by the City Engineer for City purposes, and upon sixty (60) days written notice from the City Pursuant to the provisions of Section 14, Grantee agrees to protect and save harmless the City from any customer or third-party claims for service interruption or other losses in connection with any such change, relocation, abandonment, or vacation of the Public Way B In the event that the Public Way shall become a Primary State Highway as provided by law, the State Department of Transportation may order the Grantee to perform or undertake, at its sole expense, changes to the location of Grantee Facilities so that the same shall not interfere with such state highway and so that such facilities shall conform to such new grades or routes as may be established C If a readjustment or relocation of the Grantee Facilities is necessitated by a request from a party other than the City, that party shall pay the Grantee the actual costs thereof Section 12. Abandonment and or Removal of Grantee Facilities A Within one hundred and eighty (180) days of Grantee's permanent cessation of use of the Grantee Facilities, or any portion thereof, the Grantee shall, at the City's discretion, either abandon in place or remove the affected facilities B The parties expressly agree that this Section shall survive the expiration, revocation or termination of this Public Way Agreement Section 13. Undergrounding A The parties agree that this Public Way Agreement does not limit the City's authority under federal law, state law, or the ACC, to require the undergrounding of utilities. B Whenever the City requires the undergrounding of aerial utilities in the Public Way, the Grantee shall underground the Grantee Facilities in the Resolution No 4338 Exhibit"1" April 15, 2008 Page 8 RES.B Page 114 of 220 manner specified by the City Engineer, and where other utilities are present and involved in the undergrounding project, Grantee shall only be required to pay its fair share of common costs borne by all utilities, in addition to the costs specifically attributable to the undergrounding of Grantee Facilities Common costs shall include necessary costs for common trenching and utility vaults. Fair share shall be determined in comparison to the total number and size of all other utility facilities being undergrounded Section 14 Indemnification and Hold Harmless A The Grantee shall defend, indemnify, and hold the City and its officers, officials, agents, employees, and volunteers harmless from any and all costs, claims, injuries, damages, losses, suits, or liabilities of any nature including attorneys' fees arising out of or in connection with the Grantee's performance under this Public Way Agreement, except to the extent such costs claims, injuries, damages, losses, suits, or liabilities are caused by the negligence of the City B The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee Facilities caused by maintenance and/or construction work performed by, or on behalf of, the City within the Public Way or any other City road, right-of-way, or other property, except to the extent any such damage or loss is directly caused by the negligence of the City, or its agent performing such work C The Grantee acknowledges that neither the City nor any other public agency with responsibility for fire fighting, emergency rescue, public safety or similar duties within the City has the capability to provide trench, close trench or confined space rescue The Grantee, and its agents, assigns, successors, or contractors, shall make such arrangements as Grantee deems fit for the provision of such services The Grantee shall hold the City harmless from any liability arising out of or in connection with any damage or loss to the Grantee for the City's failure or inability to provide such services, and, pursuant to the terms of Section 14(A), the Grantee shall indemnify the City against any and all third- party costs, claims, injuries, damages, losses, suits, or liabilities based on the City's failure or inability to provide such services D Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, its officers, officials, employees, and volunteers, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Resolution No 4338 Exhibit'1 April 15,2008 Page 9 RES.B Page 115 of 220 City's and Grantee's waivers of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of the indemnifications set forth in this Section 14 This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of this Agreement E Acceptance by the City of any work performed by the Grantee shall not be grounds for avoidance of this section Section 15 Insurance A The Grantee shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with activities or operations performed by or on the Grantee's behalf with the issuance of this Agreement. Grantee shall obtain insurance of the type described below 1 Automobile Liability insurance covering all owned, non- owned, hired, and leased vehicles with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form or a substitute form providing equivalent liability coverage 2 Commercial General Liability insurance with combined single limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operation aggregate limit. Coverage shall be written on ISO occurrence form or equivalent and shall cover liability arising from premises, operations, independent contractors, products- completed operations, and personal injury and advertising injury and contractual liability Limits can be satisfied by a combination of commercial general liability and Excess Liability There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage The City shall be named as an additional insured as their interest may appear under the Grantee s Commercial General Liability insurance policy with respect to the work performed under this Public Way Agreement 3 Professional Liability insurance with limits no less than 1 000 000 per claim and aggregate 4 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington Employer's Liability 1,000,000 each accident/disease/policy limit (Stop Gap Liability included in Employer's Liability.) Resolution No.4338 Exhibit"1" April 15,2008 Page 10 RES.B Page 116 of 220 B The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, and Commercial General Liability insurance 1 The Grantee's insurance coverage shall be primary insurance as respects the City Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it C Acceptability of Insurers Insurance is to be placed with insurers with a current A.M Best rating of not less than A VII D Verification of Coverage Grantee shall furnish the City with original certificates and a copy of the mandatory endorsements, including the additional insured endorsement, evidencing the insurance requirements of the Grantee before commencement of the work The certificates shall contain a provision stating that the insurer or its authorized representative shall endeavor to provide thirty (30) days prior written notice by certified mail, return receipt requested, has been given by the City E Grantee shall have the right to self-insure any or all of the above- required insurance F Grantee's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy to which the City is otherwise entitled at law or in equity Section 16. Performance Security Pursuant to ACC Chapter 20 10, the Grantee shall provide the City with a financial guarantee as specified in ACC Section 20 10.250, in a form and substance acceptable to the City, securing the Grantee's faithful compliance with the terms of this Public Way Agreement. Such guarantee shall be in the amount of Fifty Thousand dollars ($50,000 00) Section 17 Successors and Assignees A. All the provisions, conditions, regulations and requirements herein contained shall be binding upon the successors, assigns of, and independent contractors of the Grantee, and all rights and privileges, as well as all obligations and liabilities of the Grantee shall inure to its successors, assignees and Resolution No 4338 Exhibit"1" April 15 2008 Page 11 RES.B Page 117 of 220 I contractors equally as if they were specifically mentioned herein wherever the Grantee is mentioned B This public way agreement shall not be leased, assigned or otherwise alienated without the express consent of the City by resolution, which approval shall not be unreasonably withheld C Grantee and any proposed assignee or transferee shall provide and certify the following to the City not less than one hundred twenty (120) days prior to the proposed date of transfer (a) Complete information setting forth the nature, term and conditions of the proposed assignment or transfer, (b) All information required by the City of an applicant for a Public Way Agreement with respect to the proposed assignee or transferee, and, (c) An application fee which shall be set by the City, plus any other costs actually and reasonably incurred by the City in processing, and investigating the proposed assignment or transfer Section 18. Dispute Resolution A In the event of a dispute between the City and the Grantee arising by reason of this Agreement, the dispute shall first be referred to the operational officers or representatives designated by Grantor and Grantee to have oversight over the administration of this Agreement The officers or representatives shall meet within fifteen (15) calendar days of either party's request for a meeting, whichever request is first, and the parties shall make a good faith effort to achieve a resolution of the dispute B If the parties fail to achieve a resolution of the dispute in this manner, either party may then pursue any available judicial remedies This Public Way Agreement shall be governed by and construed in accordance with the laws of the State of Washington In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be exclusively in King County, Washington The prevailing party in any such action shall be entitled to its attorneys' fees and costs of suit, which shall be fixed by the judge hearing the case, and such fees shall be included in the judgment Section 19. Enforcement and Remedies A If the Grantee shall willfully violate, or fail to comply with any of the provisions of this Public Way Agreement through willful intent or gross negligence, or should it fail to heed or comply with any notice given to Grantee under the provisions of this agreement the City may, at its discretion, provide Grantee with written notice to cure the breach within thirty (30) days of notification If the City determines the breach cannot be cured within thirty Resolution No 4338 Exhibit 1" April 15,2008 Page 12 RES.B Page 118 of 220 days, the City may specify a longer cure period and condition the extension of time on Grantee's submittal of a plan to cure the breach within the specified period, commencement of work within the original thirty day cure period, and diligent prosecution of the work to completion If the breach is not cured within the specified time, or the Grantee does not comply with the specified conditions, the Grantee, and its successors or assignees, shall forfeit all rights conferred hereunder, and the Public Way Agreement may be revoked or annulled by the City with no further notification B Should the City determine that Grantee is acting beyond the scope of permission granted herein for Grantee Facilities and Grantee Services, the City reserves the right to cancel this Public Way Agreement upon thirty days (30) written notice to Grantee and require the Grantee to apply for, obtain, and comply with all applicable City permits, franchises, or other City permissions for such actions, and if the Grantee's actions are not allowed under the Auburn City Code, to compel Grantee to cease such actions Section 20 Compliance with Laws and Regulations A This Public Way Agreement is subject to and the Grantee shall comply with all applicable federal and state or City laws, regulations and policies including all applicable elements of the City's comprehensive plan), in conformance with federal laws and regulations, affecting performance under this Public Way Agreement Furthermore, notwithstanding any other terms of this agreement appearing to the contrary, the Grantee shall be subject to the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the general public in relation to the rights granted in the Public Way B The City reserves the right at any time to amend this Public Way Agreement to conform to any hereafter enacted, amended, or adopted federal or state statute or regulation relating to the public health, safety, and welfare, or relating to roadway regulation, or a City Ordinance enacted pursuant to such federal or state statute or regulation upon providing Grantee with thirty (30) days written notice of its action setting forth the full text of the amendment and identifying the statute, regulation, or ordinance requiring the amendment. Said amendment shall become automatically effective upon expiration of the notice period unless, before expiration of that period, the Grantee makes a written call for negotiations over the terms of the amendment If the parties do not reach agreement as to the terms of the amendment within thirty (30) days of the initial notice, the City may enact the proposed amendment, by incorporating the Grantee's concerns to the maximum extent the City deems possible Resolution No 4338 Exhibit"1" April 15 2008 Page 13 RES.B Page 119 of 220 C The City may terminate this Public Way Agreement upon thirty (30) days written notice to the Grantee, if the Grantee fails to comply with such amendment or modification Section 21. License,Tax and Other Charges This Public Way Agreement shall not exempt the Grantee from any future license, tax, or charge which the City may hereinafter adopt pursuant to authority granted to it under state or federal law for revenue or as reimbursement for use and occupancy of public ways Section 22. Consequential Damages Limitation Notwithstanding any other provision of this Agreement, in no event shall either party be liable for any special, incidental, indirect, punitive, reliance, consequential or similar damages Section 23. Severability If any portion of this Public Way Agreement is deemed invalid, the remainder portions shall remain in effect Section 24 Titles The section titles used herein are for reference only and should not be used for the purpose of interpreting this Public Way Agreement. DATED and SIGNED this sr day of ( 2ON' CI •F AU= RN PETER B. LEWIS MAYOR Resolution No 4338 Exhibit"1" April 15, 2008 Page 14 RES.B Page 120 of 220 ATTEST 4) Danielle E. Daskam, City Clerk APP VEDAS TO FORM 4/ 40 niel B Hei•, City Attorney Resolution No 4338 Exhibit"1" April 15, 2008 Page 15 RES.B Page 121 of 220 NM rte Conduit Rost. rQ*r st Conduit Rout. Maly Conduit Raub Resolution No. 4338 1 Exhibit "A" ; * 1 M s i MI ; L. 1 I M it 1 C I rikti1 MN JiiiiIagirisestaifiliii l i la— 444111111111111 RES.B Page 122 of 220 t• ' I- ilt .I I t . ge s ollit 1 on No 4 ,,...A.,:: . 1 7 ,..k,,. ,.,,, : , P;14. 4•* Z• PotentialuCon:Conduit Route i i -%-:-.,„;,;',. --:. 4...v..so;,,' , -.4..-'. Z.g.ii.4'1•:.::,(4.0 I 11 4 ' '. 'iiit Exhibit A pg 2 , :•-: i , j , .... , - , totol, t• h;;;..,',.:,,'.,_,::;}.- 40%-114 •Ih'' k, i.'.-., ,:-,---3 . .41., Ilr 4.0.,::,4":1 7,.;......:iiii:iit 14:h$,) 31„.i. a)! 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Ig •I'$% f"*"4,317 -. :' .;9i. !4.‘ ''/•,.,'..• % -t % %,,;,.. ,-,:.flif: iti n',,lr,;5;:,.**,*/i s.i,-:L..-.7:.A e'..,:.•.V.;;,..tt,;.:,,,, . 1•41111111t;1 4,,,,,,,,-.,-r.,- - ,. ....,,-••••'- N 10011111.111.1m..MMIR i.i.!A:4-I 4,..4.,%!6.4. gtz, Avit.i.:.,..:,:::\t-z,,,k 4,71Z.Z.t.-•105N,,r.1,e4".7 ' ,,,,1- ., '.:::.-,.. --::' ,i''' '. ''' ' r,:., . ,,:- Va,',.>". ,.. 7/. ' ,,--. -1.. .„'..7.,. .' .- . ' •4.15!.,44, ..''' if,'.' ' . ' ,'•V'i.'.. '^ .1 7)...,.!.' ,.•:',.,,'...t-, . !....,,,'.',..:!',..., ' r.:rp,'. „ i c: RES.B Page 123 of 220 Exhibit"B" Resolution No. 4338 Grantee Facilities &Services MCI Communications Services, Inc. ("MCI") is a registered telecommunication company authorized to provide long distance services in the State of Washington by the Washington Utilities and Transportation Committee The proposed project will expand MCI's telecommunication network from the Burlington Northern and Santa Fe Railroad right-of-way to the existing Qwest Central Office located at 10 Second Street SE The long distance network will not access any customers in the City of Auburn and will merely replace an existing leased third party network from the existing MCI network on the railroad right-of-way to the Qwest Central Office Construction will be managed by the City through the utilization of a construction permit RES.B Page 124 of 220 EXHIBIT"D" Resolution No 4338 APPLICANT INFORMATION Identity of Applicant(including all affiliates) MCI Communications Services,Inc.(A subsidiary of Verizon) Primary contact Name Jeff Markiewicz,Municipal Affairs Address 2400 N Glenville Drive,Richardson Texas 75082 phone number 972-729 7575 fax number 972-729-6700 email address jeff.markiewicz@verizonbusiness.com Marketing contact Name www.verizonbusiness.com Address 1-877-297 7816 phone number fax number email address Customers using the Applicant's Facility Facilities do not provide customer network access points Primary contact Name Address phone number fax number email address Other parties owning lines within the facility No other parties own lines within the MCI facilities Primary contact Name Address phone number fax number email address Version Date 03/19/2008 PUBLIC WAY AGREEMENT Page 1 RES.B Page 125 of 220 EXHIBIT "D" (Continued) Resolution No 9338 Marketing contact Name Address phone number fax number email address System Information Location and route of the facility Various City streets(Exhibit A) Location of interconnection with other telecommunication providers. Qwest Central Office located at 10 Second Street SE Location of handhokis manholes and other potential access points for local customers within 5 miles of city limits. MCI's long distance network does not provide access points directly to local customers within 5 miles of the City limits Description of the type of line used to provide the service (Fiber Cable etc.): 24 fiber optic cable Description of the facility(conduits,ducts,size,configuration). A single 4-inch HDPE conduit occupied by(3)1.25-inch subducts 1 occupied by the cable Number of lines in the facility 1 subduct occupied(2 spare) Capacity of the lines' 24 fibers Excess capacity-number of unused conduits and unused"dark"fiber(2)1.25-inch subducts spare For existing facilities, excess capacity after installation of applicant's facilities. NA Information about the Service Description of the type of telecommunications services that are or will be provided(voice video,data etc.). Long distance telecommunications services as authorized by the Washington Utilities and Transportation Utilities Committee Version Date 03/19/2008 PUBLIC WAY AGREEMENT Page 2 RES.B Page 126 of 220 EXHIBIT"C" STATEMENT OF ACCEPTANCE MCI Communications Services, Inc.,for itself, its successors and assigns, hereby accepts and agrees to be bound by all lawful terms, conditions and provisions of the Public Way Agreement attached hereto and incorporated herein by this reference MCI Communicati s Services, Inc By Date 4-a6-e-T8 Name: Robert H. Bohne Title: Di rector STATE OF 7E5 ss COUNTY O,OF DA7A-c..., 7 ) On this -Clvtray of 74/0/2.T1- 200 , before me the undersigned, a Notary Public in and for tatA o duly commissioned and sworn, personally appeared, ft of MCI Communications Services, Inc., the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth Qe- 44, C81A HAM t vil MY COS ELIA HA E7 1E8 Apd 13,2012 Signature NOT,RY,PUBLIC in and for the ate of r 1ll residing at Ifli !r MY COMMISSION EXPlRES4U- 13i20(1- Version Date:04/15/2008 PUBLIC WAY AGREEMENT Page 15 RES.B Page 127 of 220 Performance Bond(Rights-of-Way) Amount. $50,000.00 Bond No 6547679 KNOW ALL MEN BY THESE PRESENTS. That we,MCI Communications Services.Inc..2400 North Glenville Drive,Richardson, TX 75082 as Principal,and Safeco Insurance Company of America,Safeco Plaza, Seattle.WA 98185 ,as Surety,are held and firmly bound City of Auburn, Washington as Obligee,in the sum of(Fifty Thousand land 00/100 Dollars( $50.000.00 for the payment of which we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,by these presents. WHEREAS,the Principal is required by the City of Auburn,WA code ACC Section 20.10.250,in effect at the effective date of this bond,to post this bond regarding the Public Way Agreement granted to MCI Communications Services.Inc. to install, construct,erect,operate,maintain,repair,relocate and remove its facilities in,on, upon,along and/or across those right(s)-of-way within the( City of Auburn,WA affected by the installation of fiber optic telecommunications. Facilities shall include,but not be limited to,roadways,curbs,sidewalks,sewer lines,culverts, inlet,drainage facilities,signs,landscaping,and the like,as a condition for granting agreement between(City of Auburn.WA Z and MMCI Communications Services, Inc. ). WHEREAS,the Obligee has agreed to accept this bond as security for performance of Principal's obligations under said agreement: NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal shall faithfully perform its obligations under said agreement,then this obligation shall be void,otherwise to remain in full force and effect. PROVIDED HOWEVER,that this bond is executed subject to the following express provisions and conditions: 1 In the event of default by the Principal, Obligee shall deliver to Surety a written statement of the details of such default within 30 days after the Obligee shall learn of the same,such notice to be delivered by certified mail to address of said Surety as stated herein. 2. This bond may be terminated or canceled by surety by giving not less than sixty (60)days written notice to the Obligee,stating therein the effective date of such termination or cancellation. Such notice shall not limit or terminate any obligations resulting from default by the Principal that may have accrued under this bond prior to the effective date of such term nation. RES.B Page 128 of 220 3 Neither cancellation nor termination of this bond by Surety,nor inability of Principal to file a replacement bond or replacement security for its obligations,shall constitute a loss to the Obligee recoverabk under this bond. 4 No right of action shall accrue on this bond for the use of any person,corporation or entity other than the Obligee named herein or the heirs,executors,administrators or successors of the Obligee 5 The aggregate liability of the surety is limited to the penal sum stated herein regardless of the number of years this bond remains in force or the amount or number of claims brought against this bond. This bond shall not bind the Surety unless it is accepted by the Obligee by signing below. IN WITNESS WHEREOF, the above bounded Principal and Surety have hereunto signed and sealed this bond effective this 17th day of Marsh___,2O MCI Communications Services,Inc.Safeco Insurance Company of America 14/tatitB J tK e 1 Hartnett Menuel Jones,Attorney -Fact Assistant Treasurer for insurance p • e es oni Accepted by Obligee- Signature&date above-Print Name,Title below) 11,4re RES.B Page 129 of 220 Safeco insurance Company of Arnett" POWER General Insurance Company of America t' f! OF ATTORNEY s..tCtiee,w elan KNOW ALL BY THESE PRESENTS: No, 13030 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation,does each hereby appoint PATRICK BANNON;RACHEL COLE;MENUEL JONES;ERIN M.MARGELIS;MYRNA L SMITH;BRIAN ST.CLAIR; Washington,D.C"" """~""err".r"rrr"".er IMO"."•"."..r"es."«..w".ww""""""""a"...."""H.H"."•".•.+a.""" Its true and lawful attomey(s)-in-fact,with full authority to execute on its behalf fidelity end surety bonds or undertakings and other documents of a similar character Issued in the course of Its business,and to bind the respective company thereby, IN WITNESS WHEREOF SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 14th day of September 2007 STEPHANIE DAt-EY•WATSON,SECRETARY TIM MIKOLAJEWSIO,SENIOR VICE-PRESIDENT,SURETY CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA end of GENERAL INSURANCE COMPANY OF AMERICA: Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,end any Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shall each have authority to appoint Individuals as attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of Its business...On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company the seat,or a facsimile thereof,may be impressed or affixed or In any other manner reproduced; provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking' Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out. COt') The provisions of Article V,Section 13 of the By-Laws,and II) A copy of the power-of-attorney appointment,executed pursuant thereto,and I$) Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may be by facsimile,end the seal of the Company may be a facsimile thereof.' I,Stephanie Daley-Watson ,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,end of a Power of Attorney Issued pursuant thereto,are true end correct,and that both the By-laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation 7 this I /"h-' lldayof J%1 2t - REAL)) iLi x5 x STEPHANIE DALEY•WATSON,SECRETARY Sateco0 and the Sat.ca beo are replaared trademarks of Sage=Corporation. WEB POF 5.0974/D3 4105 RES.B Page 130 of 220 ACOR©,. CERTIFICATE OF LIABILITY INSURANCE DATE 0311 OJ00803/11/2008 PRODUCTS THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ikon fka Ri n i Services Northeast Inc. Inc AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THISfkatanRiskServices, Ic. of New cork 199 Water Street CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE New York NY 10038-3551 USA COVERAGE AFFORDED BY THE POLICIES BELOW INSURERS AFFORDING COVERAGE NAIC N Ennis-(866) 283-7122 FAX-(847) 953-5390 INSURED INSURER& American Home Assurance Co. 19380 MCI Communications Services, Inc Re c 140 west Street New York NY 10007 USA INSPIRER C. T+`„ INSURER D: it 2 e, INSURER E: COVERAGES I = TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 711E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WINCH TATS C'ERTIFICATL MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED NY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDI'T'IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ma ADM KHAN EFFECTIVE POLK'Y EXPBLATKN. LTR MEW TYPE OF L CRANCF POLCY NUMBER DATPJMM\DITYT') DATE(MSPDD'.YVI UMIiS A ERAL LIABILITYI ' 1595312 06/30/07 06/30/08 EACH OCTURRENCE 11,000 000 X General Liability (COaa DAMAOFTGRENTED 51,000,000COMMERCIALGENERALLIABILITY PREMISES 1Eu oc...r.en.Y/ CLAIMS MADE OCCUR MED ESP IAnv one He.ant PERSONAL ADVINIURV 11,000,000 'e m GENERAL A C;REGATE 52.000.000 0 F- GM AGGREGATE LIMIT APPLIES PER PRODUCTS COMPKN AGG 12.000.000 ep., N. ACTiJ POLICY Q PRO-[] U)C O v, A AUTOMOBILE LIABILITY 1606848 06/30/07 06/30/08 COMBINE D SINGLE LIMIT ANY AUTO Auto Liability verizon aR' EaaK„k,,,I 51 000 000 e A 1606849 06/30/07 06/30/08 f ALL OWNEDALTOT Auto Liability- Verizon KH)I.I IN1lR\ V V A ^ SCItFDULEDALTOS CA1606847 06/30/07 06/30/08 Irerperwn)to Auto Liability- Verizon t.HIRED AUTOS tLLLLY INJURY 4 NON OWNED AUTOS Pa rc.knn LI PROPERTY DAMAGE IINfa.,.L.0 a GARAGE UARH.m AUTO ONLY EA ACCIDENT ANY AUTO OTHER THAN LA ACC m AUTOONLY MX. EXCESS/UMBRELLA LIARILITS EACH OCCUBRENCT 0 OCCUR Q CLAIMS RUDE AGGREGATE DEDUCTIBLE RETENTION MI WLMNFAS COMPENSATION AND RIMY I IA!ITS f II EMPLOYERS'LIABILITY I EACH AC'C'IDENT" l ANY PROPRIETOR%PARTNER/EXEXYTIVE i OFFICERMEMBER EXCLUDED-P".L DISEASE.EA EMPLOYI'I oliti If yaa.Je.cTAw under SPECIAL PROVISIONS E .DISEASC:.POLICY LIMIT bob. OTHER I . DESCRIPT/ON Of OPERATIONSWLOCATIONS/VEIIICLFS EXCLUSION'S ADDED BY ENDURSF MEAT.'SPECIAL PROYLSRINS Re. Right of way use permit The City of Auburn is included as Additional Insured as required by written contract. This coverage is primary and non-contributory as required by written contract liqE CERTIFICATE HOLDER CANCELL ION City of Auburn, WA SHOOED ANY OF TIIE ABOVE DI*RIME POLICIES BE CANCELLED BEFORE THE EXPIRATION Rt Attn Anther Mund DATE THERE.THE ISSUING INSURER ILTLL ENDEAVOR TO MAIL SjE 25 West Main Street R DAYS WRITTEN NOTICE TO TILE CERTIFICATE HOLDER NAMED TO TILE LEFT BUT FAILURE TO DO SOME.ME.IMPOSE NO(*LIGATION OR LIABILITY Auburn WA 98001 USA OF ANY KIND UPON THE INSURER.ITS AGENTS DR REPRESENTATIVES AUTHORIZED REPRESENTAr1VE i1' Q. 9/A ACCORD 2110,011I/0: Yw AC ORD CORPORATEeN 1981 MI RES.B Page 131 of 220 POLICY NUMBER GL 159-53-12 COMMERCIAL GENERAL LIABILITY VERIZON COMMUNICATIONS INC. CG 2010 OT 04 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A Section II — Who is An Insured is amended to B. With respect to the insurance afforded to these include as an additional Insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sons apphr with respect to liability for bodlly injury", "property This insurance does not apply to "bodily injury'or damage" or "personal and advertising Injury property damage"occurring after caused,in whole or in part by: 1. All work, including materials, parts or equip- 1 Your acts or omissions;or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service,maintenance behalf; or repairs)to be performed by or on behalf of in the performance of your ongoing operations for the additional nsured(s) at the bcation of the the additional insured(s) at the location(s) desig- covered operations has been completed or nated above 2. That portion of "your work" out of which the injury or damage arises has been put to Its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 2010 07 04 C ISO Properties, Inc. 2004 Page 1 of 1 INSURED'S COPY RES.B Page 132 of 220 EXHIBIT "B" STATEMENT OF ACCEPTANCE MCI Communications Services, Inc., for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of Amendment No. 2 to PWA 08-03 attached hereto and incorporated herein by this reference. Grantee] By: Date: Name: Title: STATE OF ss. COUNTY OF On this day of 2014, before me the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared, of the company that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signature NOTARY PUBLIC in and for the State of residing at MY COMMISSION EXPIRES: Resolution No. 5018 Public Way Agreement No. 08-03 Amendment No. 2 January 6, 2014 Page 1 of 1 RES.B Page 133 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5021 Date: December 20, 2013 Department: Parks/Art and Recreation Attachments: Res 5021 Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5021. Background Summary: The Auburn Golf Course currently uses 3 companies to assist with various aspects of tee time management, financial management and electronic marketing. It is in the best interest of the Auburn Golf Course to consolidate these management/customer service features to one vendor. Golf Now is the leading National firm in the Golf Course reservation industry as well as in the Golf Marketing industry. The Golf Now “Point of Sale” system meets the desired financial data, demographic and controls as required by the City of Auburn Finance Department. It is recommended that the City enter into an agreement for a minimum of two years with Golf Now to provide these business services. Over 100 Washington golf courses utilize Golf Now as their point of sales marketing provider. These include Capital City, Maplewood (Renton), Meadow Park (Tacoma), Riverbend (Kent), Foster (Tukwila), Druids Glen, Golf Mountain, Willows Run and many more. Reviewed by Council Committees: Finance, Municipal Services Councilmember:Peloza Staff:Faber Meeting Date:January 21, 2014 Item Number:RES.C AUBURN * MORE THAN YOU IMAGINEDRES.C Page 134 of 220 RESOLUTION NO. 5 0 2 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND GOLF NOW G1, LLC FOR RESERVATIONS, POINT OF SALE, AND MARKETING SOFTWARE SERVICES RELATED TO THE AUBURN MUNICIPAL GOLF COURSE WHEREAS, The Auburn Municipal Golf Course currently uses 3 companies to assist with various aspects of tee time management, financial management and electronic marketing; and WHEREAS, the Parks, Arts, and Recreation Department recommends consolidating all operations under one vendor; and WHEREAS, GOLF NOW G1, LLC can provide for wider marketing opportunities, a more robust reservation system, and an updated point of sale system; WHEREAS, it is in the public interest for the parties to enter into an agreement for these services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and GOLF NOW, LLC, for golf course management software, 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 as may be necessary to carry out the directives of this legislation. Resolution No. 5021 December 17, 2013 Page 1 of 2 RES.C Page 135 of 220 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 5021 December 17, 2013 Page 2 of 2 RES.C Page 136 of 220 GOLFI*Vi Go. Play. t a Fs trl INC, GolfNow Software License/Marketing/Technology Agreement and Order Form The following Agreement between GolfNow G1, LLC("GOLFNOW")and COURSE")shall be effective as of the"Effective Date")and shall govern GOLFNOW's provision of software,marketing,and technology services for the following of COURSE's golf courses: This Agreement shall be govemed by the Standard Terms and Conditions attached hereto as Appendix A(incorporated herein by this reference). The initial Term of this Agreement shall be for two(2)years and shall be non-cancellable. Upon expiration of the initial Term, this Agreement shall automatically renew for successive one(1)year terms unless terminated by either Party in writing at least thirty(30) days prior to any renewal term. COURSE's Total Payment to GOLFNOW shall be in the amount indicated below,in exchange for which GOLFNOW shall provide COURSE with access to the below-referenced services(the"Services")upon COURSE's request,and an annual license to the below-referenced software(the"Software"). FORE Reservations Software Modules:GOLFNOW shall provide COURSE with an annual license to each of the following FORE modules: FORE Reservations electronic tee sheet reservation system; FORE Sell point of sale software; FORE Marketing; FORE Cloud Backup. GolfNow Core Platform: Promotion of COURSE and COURSE tee time inventory on Golfnow.com and GolfNow's network of partner websites; Marketing of COURSE across GOLFNOW assets(could include TV,web,print,radio,grassroots); Demand-based pricing support, Revenue at risk analysis,Tee sheet management services, Dedicated market management team, Real-time reporting; and GolfNow Central Technology:Web-based log in access, inclusive of online tools for managing tee time inventory and revenue management and auto adjust technology. COURSE Booking Engine and Facebook Booking Engine*":GOLFNOW shall develop COURSE's own golf course booking engine(to be hosted on COURSE website)and COURSE Facebook Booking Engine Of applicable). Course shall make Trade Times available for purchase on the Booking Engine(s). Among the features available for COURSE are Customizable booking engine components, Multiple rate options, Promotional code technology. GolfNow Mail:GOLFNOW shall develop COURSE Mail Customer Marketing Tool(to be integrated into COURSE GolfNow Central login). Among the features available for COURSE are Multiple design and template options, Email marketing,customer profiles and segmentation. Website and Mobile Website Development and Hosting:GOLFNOW shall develop COURSE's own customized and unique desktop website and mobile website(each to be hosted on COURSE-owned domains),utilizing one of several GOLFNOW templates designed to highlight specific COURSE features and programs. GOLFNOW and COURSE shall work cooperatively to identify appropriate COURSE features. TeeTimes.com:GOLFNOW shall include COURSE on TeeTimes.com website and mobile application. GolfNow Premium Marketing Program: GOLFNOW shall provide COURSE with premium exposure-based assets intended to increase COURSE awareness through GOLFNOW-affiliated assets. Al GOLFNOW exposures will link directly to COURSE's individual COURSE profile page. Exposures could include:WorldGolf/TravelGolf network(featured placements,banner exposure, content integration, etc.. on applicable URLs and pages);database exposures;graphical exposures in relevant local market databases. Total Payment: 2 Trade Times per day per golf course COURSE Signature:Printed Name: GOLFNOW Signature: Printed Name: Trade Time one 18-hole foursome(with cart)made available for sale by GOLFNOW for its own benefit,the tee time of which shall be mutually agreed upon and between 30 minutes after COURSE opening until 4.5 hours prior to dusk. GOLFNOW shall have the ability to sell Trade Times for 1-4 players and the price is at the discretion of GOLFNOW. Trade Times shall be available for purchase on COURSE website, golfnow.com, and GOLFNOW's network of partner websites. Split Online Fee: if COURSE elects to charge an online fee for rounds booked on its website, GOLFNOW shall retain.99¢/round and remit the remainder to COURSE. Single Course—FORE(PMP) RES.C Page 137 of 220 Appendix A Standard Terms and Conditions 1.GOLFNOW Services. GOLFNOW shall provide GOLFNOW's Tee Time Marketing and Technology Services(the"Services") for the purpose of marketing,promoting and selling COURSE tee times and enhancing COURSE's technology. GOLFNOW shall provide access to COURSE tee times to any of its branded websites, partner or affiliated websites or any other distribution channel. COURSE shall honor all tee times reserved through GOLFNOW's distribution channels and shall treat all golfers originating from GOLFNOW with proper courtesy and respect. COURSE shall make every effort to maintain its inventory in the most up-to-date manner possible,with proper communication to GOLFNOW regarding changes in availability, course conditions, etc...The Parties shall work cooperatively to minimize double-bookings,cancellations and the like. 2. GOLFNOW Software. GOLFNOW grants COURSE a limited, non-exclusive, non-transferable license to utilize the FORE Reservations Software(the"Software")as set forth on the included Order Form. COURSE may use the Software for the purpose of managing and marketing COURSE's golf course properties and may not sell, sublicense, lend, or otherwise transfer the Software to others. Neither COURSE, nor any third party working with or on behalf of COURSE,may reverse engineer,decompile,disassemble, or customize the Software including but not limited to,creating any software interface with the Software for the purpose of selling or marketing of tee times through the Internet or any Internet site,without the express knowledge and written agreement of GOLF NOW. COURSE understands and acknowledges that all third party vendors must have a written agreement with GOLFNOW in order to create any interface with the Software. 3.Fees and Pricing.COURSE's only payment to GOLFNOW shall be the"Total Payment"amount set forth on the Order Form attached hereto. COURSE shall have the right to approve the price and amount of all non-Trade Time inventory offered in the GOLFNOW network. GOLFNOW shall receive tee times and rates equal to or better than those offered by COURSE to any third-party distribution service. In the event that COURSE does not comply with the pricing requirements hereunder or otherwise fails to cooperate with the terms of this Agreement resulting in the Agreement being terminated by GOLFNOW, COURSE shall be required to pay GOLFNOW a fee of$250/month for each month after termination through the end of the current Term. 4. Term and Termination. The initial Term of this Agreement shall be for two (2) years and shall be non-cancellable. Upon expiration of the initial Term, this Agreement shall automatically renew for successive one (1) year terms unless terminated by either Party in writing at least thirty(30)days prior to any renewal term. Either Party may immediately terminate this Agreement in the event that the other Party materially breaches the Agreement and fails to cure such breach within thirty (30) days' written notice. Upon termination of this Agreement, COURSE shall delete and return all Software and all copies and sign a statement certifying same. 5.Support and Training. GOLFNOW shall provide COURSE appropriate levels of training (including access to remote training and on-line resources). Additional in-person training may be provided for an additional fee. Telephone and email support shall be provided to COURSE during normal business hours through GOLFNOW's published phone numbers and email addresses. 6.Data Security. Industry standards have been set by the Payment Card Industry Data Security Standards("PCI Standards")for protection of customer information. The Parties represent and warrant that they will comply with PCI Standards during the entire Term of this Agreement and thereafter with respect to customer data accumulated during the Term, and further agree to adhere to all other applicable standards, laws, rules, and regulations for protection of customer data to which they have access during the entire Term of this Agreement. GOLFNOW agrees that it will use systems, tools and security and take commercially reasonable steps to ensure COURSE customer data hosted by GOLFNOW is not accessed, redistributed,duplicated,or modified. 7.Limited Warranties and Remedies. Both Parties represent and warrant that: (a)they have the authority to enter into this Agreement and that their signatories are duly authorized and empowered to sign this Agreement on their behalf; (b)they will comply with all applicable laws, ordinances,statutes, regulations and rules, and that they have the power to settle fully and completely all claims,causes of action,demands,charges and liabilities arising out of or relating to the Agreement. GOLFNOW will provide the Services and the Software in a professional and workmanlike manner and free from any unreasonable defects, and GOLFNOW will use all reasonable means to fix any defect in the Software or Services that may arise. GOLFNOW will provide COURSE with training on how to use the Software and Services and provide support as needed by COURSE. GOLFNOW shall notify COURSE in advance of any Software or Service updates and will provide appropriate training and/or materials to COURSE concerning all updates. COURSE and its authorized users will use the Software and Services only in accordance with this Agreement. Aside from these warranties,THE GOLFNOW SOFTWARE AND SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.With respect to malfunctioning Software, GOLFNOW's entire liability and COURSE's exclusive remedy shall be either repair/replacement of the Software. 8.Limitation of Liability. EXCEPT FOR THIRD PARTY LIABILITITES, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION,ANY DAMAGES BASED ON LOSS OF PROFITS, LOSS OF USE,BUSINESS INTERRUPTION OR LOSS OF DATA), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE CAUSE OR THE FORM OF ACTION (WHETHER BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,STRICT LIABILITY OR OTHERWISE). Single Course—FORE (PMP) RES.C Page 138 of 220 9. Ownership of Property and Data. All personally-identifiable customer information supplied to GOLFNOW by COURSE (e.g. through the GOLFNOW booking engine or through the Software) remains the sole property of COURSE, cannot be copied, sold or reused by GOLFNOW, and will be treated as confidential business information with at least the same degree of care as GOLFNOW's own confidential business information. All non-personally identifiable customer information supplied to GOLFNOW by COURSE (e.g., anonymous survey results, general usage data), as well as all customer data obtained independently by GOLFNOW (e.g., through an end-user booking a tee time at golfnow.com or other affiliated websites) shall be GOLFNOW's sole property, but may be shared with COURSE should the Parties agree and obtain end-user consent for such an arrangement. The following shall remain the sole and exclusive property of GOLFNOW: (a)the GOLFNOW Software and Services(including any of GOLFNOW's enhancements or upgrades thereto), and all other software and materials developed, conceived, originated, prepared,generated or furnished by GOLFNOW under this Agreement; and (b) all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights in and to the foregoing. To the extent that GOLFNOW has provided COURSE with any hardware, all such hardware shall remain GOLFNOW's property and shall be retumed by COURSE to GOLFNOW upon the earlier of termination of this Agreement due to breach or expiration of the Term. 10. Dispute Resolution. This Agreement shall be governed, interpreted and construed under the laws of the United States and the State of Florida without regard to any conflict of law principles. The Parties shall act in good faith and use commercially reasonable efforts to promptly resolve any claim, dispute, controversy or disagreement(each a "Dispute") between the Parties under or related to this Agreement. Any Dispute arising out of this Agreement which cannot be resolved by the Parties shall be governed exclusively by binding arbitration initiated and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association, conducted in the Orlando, Florida metropolitan area. The arbitrator shall have the power to award reasonable attomey's fees and costs to the prevailing party in any arbitration, and either party shall have the right to take appropriate action to enforce any arbitration award in any court having jurisdiction over the applicable party. 11. Miscellaneous. This Agreement shall constitute the entire understanding of the Parties with respect to the subject matter hereof and supersedes any and all prior understandings and agreements, written or oral, relating thereto — between COURSE and GOLFNOW or FORE Reservations. Except as otherwise provided herein, GOLFNOW may amend the terms and conditions of this Agreement by giving COURSE at least 60 days prior written notice thereof and giving COURSE the option to terminate this Agreement within 30 days of receipt of such notice. This Agreement may be executed in one or more counterparts, with electronic exchange of signatures (pdf) sufficient to bind the Parties. The Agreement shall be binding upon GOLFNOW and COURSE and their respective successors and assigns; provided, however,that COURSE shall not assign this Agreement or any of its rights or obligations hereunder, without the prior written consent of GOLFNOW, which consent shall not be unreasonably withheld, conditioned, or delayed. Any subcontractors retained by GOLFNOW to perform certain obligations hereunder shall be bound by and their actions are governed by this Agreement as if GOLFNOW itself was performing such obligations. Single Course—FORE(PMP) RES.C Page 139 of 220 Traffic Assignment Request for comScore Inc. Reporting Name), Title) of certify that COURSE) a) is the majority owner of the URLs listed below b) enjoys a legitimate business relationship with Golf Channel justifying the aggregation of this traffic, and c) requests assignment of the traffic to these URLs from COURSE to Golf Channel; in the comScore Inc. syndicated audience measurement reports. In requesting this assignment, I understand that the COURSE will independently contribute traffic associated with the publisher from the assigned URLs in the syndicated audience reports for those entities where Golf Channel elects to include these URLs. This assigned traffic will contribute to Golf Channel's overall traffic, while remaining independently reportable. These URLs may not be assigned to any other company. In the event that comScore Inc. receives multiple requests for assignment of the same URL, comScore Inc. will review and honor the request most recently received. I understand that this request is subject to review by comScore Inc. to determine that the assignment of traffic is consistent with comScore Inc. reporting rules. comScore Inc. retains the right in its sole discretion to refuse the requested assignment if such assignment would in fact be inconsistent with comScore Inc. reporting rules. If necessary, comScore Inc. may require additional documentation to verify ownership of the URLs before granting this request. For example, if COURSE is not the named registrant of the URLs listed below, COURSE must provide documentation demonstrating that the registrant of those URLs is(1)owned or(2) employed by COURSE. I understand that acceptance of this letter by comScore Inc. imposes no legal liability whatsoever on comScore Inc. for damages, whether actual, incidental or consequential, relating to the maintenance or reporting of the attached URLs. I understand that the COURSE is fully responsible for timely notification to comScore Inc. of any updates to the list below, including, but not limited to, changes in ownership of any of those URLs. COURSE shall indemnify and hold harmless comScore Inc. from and against any claims, liabilities, costs and expenses of any kind (including reasonable attorney's fees and expenses) arising out of any allegation of improper assignment of the URLs pursuant to this letter. List of URLs here] Signature Name Title COURSE Date Single Course—FORE(PMP) RES.C Page 140 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5027 Date: January 14, 2014 Department: Public Works Attachments: Res 5027 and Attachment 1 2002 King County Franchise Agreement (for reference only) Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5027. Background Summary: Resolution No. 5027 authorizes the Mayor to execute an amendment to the sewer franchise agreement between the City of Auburn and King County to operate, maintain, and construct sewer mains, service lines, and appurtenances in, over, along and under County roads. Several areas within the City of Auburn’s sewer service area lie within unincorporated King County. In order to own and maintain sewer lines in the County roads serving those areas, the City must have a franchise agreement with King County. The existing agreement was signed in 2002, and reflected the then current status of the City’s sewer service area and the unincorporated areas contained therein. As part of the 2009 Comprehensive Sewer Plan, the City of Auburn added an additional area, which lies in unincorporated King County, to its sewer service area. Following the approval of the Comprehensive Sewer Plan, the City sought to amend the existing franchise agreement to include that area. As part of that process, the City also updated the legal description of the remaining unincorporated areas to reflect annexations that had occurred since the previous agreement. This amendment only updates the boundaries within which the agreement is affected. All the other terms of the agreement remain the same as they were. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Snyder AUBURN * MORE THAN YOU IMAGINEDRES.D Page 141 of 220 Meeting Date:January 21, 2014 Item Number:RES.D AUBURN * MORE THAN YOU IMAGINEDRES.D Page 142 of 220 RESOLUTION NO. 5 0 2 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SEWER FRANCHISE AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY TO OPERATE, MAINTAIN AND CONSTRUCT SEWER MAINS, SERVICE LINES AND APPURTENANCES IN, OVER, ALONG, AND UNDER COUNTY ROADS. WHEREAS, In 2002, King County granted the City of Auburn a twenty-five year franchise (King County Franchise No. 14458) to operate, maintain and construct sewer mains, service lines and appurtenances in, over, along, and under county roads; and WHEREAS, In September 2010, Auburn submitted a Comprehensive Sewer System Plan update providing for the addition of certain areas to the Auburn service area, and King County Council approved the updated Plan; and WHEREAS, Auburn applied to the King County Council on January 3, 2011 to amend the legal description of its franchise with the county to replace the described franchise service area to be consistent with the new Plan service area; and WHEREAS, The King County Council approved the amendment on December 13, 2013; and WHEREAS, The County's approval is contingent upon Auburn's approval of the amendment within 45 days of the County's execution of the amendment, or by January 27, 2014. WHEREAS, it is in the public interest for the parties to amend the 2002 sewer franchise agreement. Resolution No. 5027 January 3, 2014 Page 1 of 2 RES.D Page 143 of 220 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor is hereby authorized to execute an Agreement between the City and King County to amend the 2002 sewer franchise between the parties, which amendment shall be in substantial conformity with the amendment attached hereto as Attachment 1 and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Passed this day of 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROV ' AS • FORM: 110Abgidi Daniel B. Heid, City Attorney Resolution No. 5027 January 3, 2014 Page 2 of 2 RES.D Page 144 of 220 17701 ATTACHMENT 1 FRANCHISE AMENDMENT AGREEMENT FRANCHISE NO. 14458 CITY OF AUBURN THIS AMENDMENT TO KING COUNTY FRANCHISE NO. 14458 (the Amendment") is made and entered into effective the day of 20 , by and between KING COUNTY, a political subdivision of the state of Washington ("Grantor"), and CITY OF AUBURN ("Grantee" or "Auburn"). WHEREAS, Grantee, City of Auburn (Auburn) was granted a franchise by ordinance 14458 enacted September 16, 2002, which, after acceptance by Auburn in 2002, became Franchise No. 14458. WHEREAS, by resolution of September 2010, Auburn approved a Comprehensive Sewer System Plan (2009) update providing for the addition of A, B, C and D to the Auburn service area. WHEREAS, Auburn then submitted the Auburn 2009 Comprehensive Sewer System Plan to the King County utilities and technical review committee ("UTRC) for review. UTRC approved Comprehensive Sewer System Plan on May 19, 2010. WHEREAS, the King County Council approved Auburn's updated 2009 Comprehensive Sewer System Plan by Ordinance 16937, enacted on September 28, 2010. WHEREAS, Auburn applied to the Clerk of the Council on January 3, 2010 to amend the legal description of Franchise 14458 only to replace Sections A, B, C and D to the Auburn service area. WHEREAS, the executive has recommended approval of the amended franchise. WHEREAS, King County has authorized the amendment of Franchise No. 14458 contained herein in Ordinance No. I 7 01 . NOW, THEREFORE, in consideration of the covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereby agree as follows: 1. The legal description, Exhibit "A", of Franchise No. 14458, should be and hereby is replaced to include areas A, B, C and D, as set out in Amended Exhibit "A", Legal Description for Franchise No. 14458, Auburn, which is attached and incorporated by this reference. 2 - RES.D Page 145 of 220 17701 GRANTOR" KING COUNTY, a political subdivision of the state of Washington By Its OL.0u L()un+lit GRANTEE" CITY OF AUBURN By: Its 3 - RES.D Page 146 of 220 17701 Amended Exhibit"A" Legal Description for Franchise No. 14458 City of Auburn Area A THAT PORTION OF WHITE RIVER VALLEY HOME TRACTS SECOND ADDITION, UNRECORDED, LOCATED IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSI-IIP 22 NORTH, RANGE 5 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3823; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3823 TO THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4347; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 4347 TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4780 AND AMENDED BY CITY OF AUBURN ORDINANCE NUMBER 4843; THENCE NORTHERLY AND EASTERLY ALONG THE BOUNDARY OF SAID CITY LIMITS AS ESTABLISHED BY ORDINANCE NUMBER 4843 TO THE WEST MARGIN OF 85`h AVENUE SOUTH AND AN ANGLE POINT IN THE WESTERLY BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 5805; THENCE EASTERLY AND SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 5805 TO THE NORTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3621; THENCE SOUTHERLY, EASTERLY, SOUTHERLY, EASTERLY, SOUTHERLY AND EASTERLY ALONG THE BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3621 TO AN ANGLE POINT IN THE BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2511; THENCE SOUTHERLY ALONG THE BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2511 TO THE NORTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUBMER 5412; 4- RES.D Page 147 of 220 17701 THENCE WEST ALONG THE NORTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 5412 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 5412 TO THE BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 2511; THENCE WEST ALONG SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2511 TO AN ANGLE POINT IN SAID CITY LIMITS; THENCE NORTH ALONG THE BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2511 TO THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3823 AND THE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON Area i it M iri Ili ti III I i 7 i ,,l.,-,) rir. I) vim r I. i), ..._ i i itr:.r 1.3q ) i Ii it a iy,iW t I ,Sj ,r 1,) ii r y 5 - RES.D Page 148 of 220 17701 Area B A PORTION OF THE SOUTHEAST QUARTER OF SECTION 31, AND THE SOUTHWEST QUARTER OF SECTION 32, ALL IN TOWNSHIP 22 NORTH, RANGE 5 EAST, W.M., AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M. DESCRIBED AS FOLLOWS: BEGINNING AT TI-IE NORTHWEST CORNER OF THAT PORTION OF LAND ANNEXED BY THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4710; THENCE SOUTHERLY ALONG THE WESTERLY BOUNDARY OF SAID AUBURN CITY LIMITS ESTABLISHED BY CITY OF AUBURN ORDINANCE NUMBER 4710 TO THE SOUTHWEST CORNER THEREOF AND THE NORTH LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 3266; THENCE WEST ALONG SAID NORTH LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 3266 TO THE THREAD OF THE GREEN RIVER, ALSO BEING THE EAST LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 2511; THENCE NORTHERLY ALONG SAID THREAD OF THE GREEN RIVER AND THE EAST LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 2511 TO THE SOUTHERLY LINE OF THE LANDS ANNEXED TO THE CITY OF KENT BY THE CITY OF KENT ORDINANCE 3171; THENCE EAST ALONG SAID SOUTHERLY LINE OF THE LANDS ANNEXED TO THE CITY OF KENT BY THE CITY OF KENT ORDINANCE 3171 TO THE NORTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4710 AND THE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON 6 - RES.D Page 149 of 220 17701 Area t3 1. j t t :} I F' I I j. I 1 we i k f JJ„ 1t Area C A PORTION THE PLAT OF JOVITA HEIGHTS AS RECORDED IN VOLUME 20 OF PLATS AT PAGE 12, RECORDS OF KING COUNTY, WASHINGTON AND LOCATED IN THE WEST HALF OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., SAID PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 30, BLOCK 14 OF SAID PLAT OF JOVITA HEIGHTS, SAID BEGINNING BEING ON THE WEST LINE OF TI-IE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 2543; THENCE WEST ALONG THE NORTI-I LINE OF SAID BLOCK 14 AND ALONG THE SOUTH MARGIN OF SOUTH 342ND STREET (23RD ST) TO THE NORTHWEST CORNER OF SAID BLOCK 14; THENCE SOUTH ALONG THE WEST LINE OF SAID BLOCK 14, ALONG THE WEST LINE OF BLOCKS 24 AND 27 OF SAID PLAT, AND ALONG THE EAST MARGIN OF 5611 AVENUE SOUTH (DAKOTA AVE S.) TO THE SOUTHWEST CORNER OF SAID BLOCK 27; 7 - RES.D Page 150 of 220 17701 THENCE EAST ALONG THE SOUTH LINE OF SAID BLOCK 27, AND ALONG THE NORTH MARGIN OF SOUTH 348TH STREET (21ST ST) TO THE SOUTHEAST CORNER OF SAID BLOCK 27; THENCE SOUTHERLY 60 FEET TO THE NORTHEAST CORNER OF LOT 30, BLOCK 37 OF SAID PLAT OF JOVITA HEIGHTS; THENCE SOUTHERLY ALONG THE EAST LINE OF LOTS 30 AND 29 OF SAID BLOCK 37, AND ALONG THE WEST LINE OF 56TH AVENUE SOUTH (GRAND VIEW BLVD) TO THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF BLOCK 38 OF SAID PLAT OF JOVITA HEIGHTS; THENCE SOUTHEASTERLY ALONG SAID NORTHWESTERLY EXTENSION OF SAID NORTHEASTERLY LINE OF BLOCK 38, AND ALONG THE SOUTHWESTERLY MARGIN OF SOUTH 348TH PLACE (PENNSYLVANIA AVE) TO THE NORTHEAST CORNER OF SAID BLOCK 38; THENCE SOUTI-I ALONG THE EAST LINE OF SAID BLOCK 38 AND THE WEST MARGIN OF 57TH AVENUE SOUTH (PENNSYLVANIA AVE) TO THE SOUTHEAST CORNER OF SAID BLOCK 38; THENCE CONTINUING SOUTH ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID BLOCK 38 A DISTANCE OF 60 FEET TO THE NORTH LINE OF BLOCK 40 OF SAID PLAT OF JOVITA HEIGHTS; THENCE EAST ALONG LAST SAID NORTH LINE, AND ALONG THE SOUTH MARGIN OF SOUTH 350T11 STREET (19TH ST) AND ITS EASTERLY EXTENSION TO THE WESTERLY LINE OF BLOCK 39 OF SAID PLAT OF JOVITA HEIGHTS; THENCE NORTHWESTERLY AND NORTHERLY ALONG SAID WESTERLY LINE OF LINE OF BLOCK 39, AND ALONG THE EAST MARGIN OF 57TH AVENUE SOUTH PENNSYLVANIA AVE) TO THE MOST SOUTHERLY CORNER OF LOT 4 OF SAID BLOCK 39; THENCE CONTINUING NORTHWESTERLY ALONG THE WESTERLY LINE OF SAID BLOCK 39, AND ALONG THE NORTHEASTERLY MARGIN OF SOUTH 3481H PLACE TO THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 39; THENCE NORTH ALONG THE WESTERLY LINE OF SAID LOT 1, AND ALONG THE EASTERLY MARGIN OF 56TH AVENUE SOUTH TO TIIE NORTHWEST CORNER OF SAID LOT I AND AN ANGLE POINT IN THE SOUTH LINE OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 2543; THENCE WEST 60 FEET ALONG THE SOUTH LINE OF THE AUBURN CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2543 TO THE SOUTHWEST CORNER OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2543; 8 - RES.D Page 151 of 220 17701 THENCE NORTH ALONG THE WEST LINE OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 2543 '1'O Ti IE NORTHEAST CORNER OF LOT 30, BLOCK 14 OF SAID PLAT OF JOVITA HEIGHTS AND THE POINT OF BEGINNING. 2010 Franchise Agreement Area C` j l I' 7 11 Cf}A ?l x 1.'£ 4 s .j.r . t F. 1 ` I i l + ft r b 1 I , ( ' . I( Zia t 1. 1z; i y,-i-- i S lE l' L a iji 1, t 11 s Y i i YY , aV,Lfi l Iz x,,f s1II 1fi, s f , it -f i Ns; Area D THAT PORTION OF SOUTH AUBURN GARDEN TRACTS AS RECORDED IN VOLUME 20 OF PLATS AT PAGE 76, RECORDS OF KING COUNTY, WA, AND LOCATED IN GOVERNMENT LOT 2 IN THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST', W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3726; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3726 TO THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO "Div-, CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4138; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 4138 TO THE SOUTHEAST CORNER OF 9 - RES.D Page 152 of 220 17701 THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 4665; THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 4665 TO THE SOUTHERLY BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 1279; THENCE EAST ALONG TI-IE SOUTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE 1279 TO THE NORTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3244; THENCE SOUTH ALONG THE WESTERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY CITY OF AUBURN ORDINANCE 3244 TO THE SOUTHWEST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3244; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3244 TO THE SOUTHEAST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3244; THENCE NORTH ALONG THE EAST BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3244 TO THE NORTHEAST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3244 AND THE SOUTHERLY BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 1279; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISIIED BY ORDINANCE 1279 TO THE NORTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY ORDINANCE 1225; THENCE SOUTH ALONG THE WESTERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 1225 TO THE NORTHERLY BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 3839; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG THE NORTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3839 TO THE SOUTHEAST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 6048; THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 6048 TO THE NORTHEAST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 6048; THENCE WEST ALONG THE NORTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISI-IED BY ORDINANCE NUMBER 6048 TO THE EAST MARGIN OF "A' 10 - RES.D Page 153 of 220 17701 STREET SOUTHEAST, THE EAST BOUNDARY OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ANNEXATION 1171, AND THE NORTHWEST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE 6048; THENCE NORTH ALONG THE EASTERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 1171 TO THE SOUTHWEST CORNER OF THE LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3726; THENCE EAST ALONG THE SOUTHERLY BOUNDARY OF SAID CITY LIMITS ESTABLISHED BY ORDINANCE NUMBER 3726 TO THE SOUTHEAST CORNER OF SAID LANDS ANNEXED TO THE CITY OF AUBURN BY CITY OF AUBURN ORDINANCE NUMBER 3726 AND THE POINT OF BEGINNING. SITUATE IN KING COUNTY, WASHINGTON if 117' itx<r.li 11 - RES.D Page 154 of 220 RES.D Page 155 of 220 RES.D Page 156 of 220 RES.D Page 157 of 220 RES.D Page 158 of 220 RES.D Page 159 of 220 RES.D Page 160 of 220 RES.D Page 161 of 220 RES.D Page 162 of 220 RES.D Page 163 of 220 RES.D Page 164 of 220 RES.D Page 165 of 220 RES.D Page 166 of 220 RES.D Page 167 of 220 RES.D Page 168 of 220 RES.D Page 169 of 220 RES.D Page 170 of 220 RES.D Page 171 of 220 RES.D Page 172 of 220 RES.D Page 173 of 220 RES.D Page 174 of 220 RES.D Page 175 of 220 RES.D Page 176 of 220 RES.D Page 177 of 220 RES.D Page 178 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5029 Date: January 14, 2014 Department: Planning and Development Attachments: Res 5029 Map of Subject Property Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 5029. Background Summary: The City is interested in acquiring certain vacant property for the Fenster Levy Setback project known as the Rice Property. Staff has met with the sellers to review the appraisals, one conducted by the City and one conducted by the sellers and discuss purchase price. The City’s appraisal appraised the property at $39,000.00 and the sellers appraisal at $45,000.00. The City offered $45,000.00 and the seller accepted that purchase price. Budget for this acquisition was included in Budget Amendment #6. Half, or $22,500.00 is being paid from Parks Conservation Futures’ funds and the balance from Planning and Development Department budget. Budget Amendment #6 allocated the funds into Fund 321, Municipal Parks Construction Fund. The subject property is a vacant property adjacent to the Fenster Nature Park project located on 2nd Street SE east of V Street SE, and upon City acquisition the property will become part of the Nature Park. Initially, the property will be used as a material staging and fill stockpiling area for construction of the Fenster Levy Setback project. Long-term, the City plans to utilize the property for vehicular and pedestrian access to the park, and to access the new revetment maintenance road that will constructed as part of the levy setback project. Summary of the Purchase and Sale Agreement (PSA): *Purchase Price - $45,000.00 *Closing no later than February 28, 2014; the seller is interested in moving quickly and is the City. AUBURN * MORE THAN YOU IMAGINEDRES.E Page 179 of 220 Planning and Community Development Committee reviewed Resolution No. 5029 at their January 13, 2014 meeting. The Committee decided to move the item to action and recommended approval of Resolution No. 5029 to the full City Council. Resolution No. 5029 was also reviewed by the Public Works Committee at their January 21, 2014 meeting. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Planning, Legal Councilmember:Holman Staff:Tate Meeting Date:January 21, 2014 Item Number:RES.E AUBURN * MORE THAN YOU IMAGINEDRES.E Page 180 of 220 RESOLUTION NO. 5 0 2 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF AUBURN AND JOHN RICE WHEREAS, the John Rice owns real property located in the City of Auburn, Washington; and WHEREAS, the City desires to purchase the property and John Rice desires to sell this property at price that is acceptable to the City; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Purchase and Sale Agreement between the City of Auburn and John Rice for real property, which agreement shall be in substantial conformity with the Agreement attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to take such administrative and/or procedural action as may be necessary and/or appropriate to carry out the directives of this legislation and to accommodate the decision to purchase the John Rice property. Resolution No. 5029 May 10, 2013 Page 1 of 2 RES.E Page 181 of 220 Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. Dated and Signed this day of 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPRO ED ' •ORM: Lr1b Daniel B. Nei., - i y Attorney Resolution No. 5029 May 10, 2013 Page 2 of 2 RES.E Page 182 of 220 PURCHASE AND SALE AGREEMENT This PURCHASE AND SALE AGREEMENT (this "Agreement") is entered into as of the day of 2014, by and between the CITY OF AUBURN, a Washington municipal corporation, as Seller (hereinafter the "City" or "Buyer"), and JOHN RICE (hereinafter the "Seller"). RECITALS A. The Bueyr is the owner of certain real property and all improvements thereon ("Property") located in the City of Auburn, County of King, Washington, commonly known as the Rice property, which is legally described as follows: THE NORTH 140 FEET LESS THE WEST 126 FEET OF LOT 4 IN BLOCK 4 OF EAST AUBURN GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 18 OF PLATS, PAGE 98, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. B. Seller desires to sell the Property to City, on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, 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. 1.2 "Closing Date" means any mutually agreeable date on or before February 28, 2014. 1.3 "Escrow" means the escrow opened with Escrow Agent for the consummation of the transaction described in this Agreement. 1.4 "Escrow Agent" means Natalie Evans of Stewart Title Company (206.770.8821) whose address is 1420 5th Avenue, Suite 500, Seattle, WA 98101. 1.5 "Official Records" means the official real property records of King County, Washington. Rice Property Acquisition 12.5.13 Page 1 of 12 RES.E Page 183 of 220 1.6 "Opening of Escrow" means the date a fully executed copy of this Agreement is deposited with Escrow Agent. 1.7 "Permitted Exceptions" has the meaning as set forth in Section 6.3 below. 1.8 "Purchase Price" has the meaning as set forth in Section 3. 1.9 "Title Company" means Stewart Title Company. 1.10 "Title Policy" means an ALTA (1970 Form B) extended coverage owner's policy of title 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 Seller agrees to sell to City, and City agrees to purchase from Seller, the Property upon the terms and conditions set forth in this Agreement. 3.Purchase Price; Cash Payment. The total cash purchase price for the Property (the Purchase Price") shall be Forty-five Thousand Dollars and no cents ($45,000.00). The Purchase Price shall be paid to Seller via a wire transfer or check at Closing. 4.Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit with Escrow Agent 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. 5.Due Diligence. 5.1 Due Diligence Period. Buyer shall have the right for a period of thirty (30) days from the date of this Agreement (the "Due Diligence Period") to conduct Buyer's due diligence review, examination and inspection of all matters pertaining to its 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. Seller shall provide the City and City's agents and consultants with reasonable access to the Property and, to the extent such information is in the possession or control of Seller, shall provide reasonable access to appropriate information respecting the Property, subject to the terms and conditions of this Agreement. City's obligation to purchase the Property shall be contingent upon its approval of such property after conducting its due diligence review. If, based upon City's review, examination and inspection, City shall determine in its sole discretion that it intends to acquire the Property, then City shall promptly notify Seller of such determination in writing prior to the expiration of the Due Diligence Period, Rice Property Acquisition 12.5.13 Page 2 of 12 RES.E Page 184 of 220 whereupon City's due diligence contingency shall be deemed satisfied and waived, the Deposit shall become nonrefundable (except as otherwise provided herein), and City shall proceed to Closing. In the event that City shall fail to have delivered such notice to Seller on or before the expiration of the Due Diligence Period, City shall have been deemed to be satisfied with the results of its aforesaid review, and shall be deemed to have waived its right to terminate this Agreement pursuant to this subsection. If City shall have timely and affirmatively advised the Seller in writing of its dissatisfaction with the aforesaid matters based on its review, then this Agreement shall automatically terminate, the Deposit shall be returned to the City, and the parties' rights under this Agreement shall be of no further force or effect. 5.2 Title Commitment. Promptly after mutual execution of this Agreement, Seller shall obtain an extended preliminary title insurance commitment covering the Property from the Title Company (the "Commitment") as is consistent with Section 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 forth) shall be a condition precedent to Buyer's obligation to purchase the Property. Unless Buyer gives written notice that it disapproves the exceptions to title shown on the Commitment (other than the exceptions to title approved by Buyer and described in Section 6.3 below), stating the exceptions so disapproved, within thirty (30) days after the date of this Agreement, Buyer shall be deemed to have approved such exceptions. If Buyer disapproves any title exceptions, Seller shall have a ten (10) day period after its receipt of Buyer's written notice of disapproval of the same within which to provide written notice to Buyer as to which of such disapproved title exceptions the Seller will remove (or cause to be removed) from title; provided, however, that Seller shall not be required to actually remove such exception(s) until Closing. If, for any reason, Seller's notice given pursuant to the immediately preceding sentence does not covenant to remove all of Buyer's disapproved title exceptions at or prior to Closing, Buyer shall have the right to terminate this Agreement by written notice to Seller and Escrow Agent given within ten (10) days after the earlier of the expiration of such ten (10) day period or the date Seller informs Buyer that it does not intend 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 within such ten (10) day period, the obligation of Seller to sell, and Buyer to buy, the Property as herein provided shall terminate and the Deposit shall be returned to Buyer. Buyer shall have the option to waive the condition precedent set forth in this Section 6.2 by written notice to Seller. In the event of such waiver, such condition precedent shall be deemed satisfied. 5.3 Permitted Exceptions. In addition to such other exceptions to title 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"): Rice Property Acquisition 12.5.13 Page 3 of 12 RES.E Page 185 of 220 5.3.1 The printed exceptions which appear in the ALTA (Form 1970B) form extended coverage owner's policy of title insurance issued by Title Company in the State of Washington; and items created by, or on behalf of, Buyer. 5.4 No New Leases or Contracts. Prior to Closing, Seller shall not enter into any new leases, contracts or agreements affecting the Property without the prior written consent of Buyer, except the Seller may enter into interim contracts or agreements in connection with the management, maintenance, repair or preservation of the Property in the normal course of business if each such contract or agreement expires or is terminated at or prior to Closing. 6.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 Seller 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 property on or about the Property. Buyer shall keep the Property free from all mechanics', materialmen's and other liens, and all claims thereof, arising from any work or labor done, services performed, or materials and supplies furnished in with Buyer's actions in the exercise of its right of entry on the Property, and Buyer shall indemnify and defend Seller against and hold Seller harmless from all such liens and claims. 7.Closing. 7.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow Agent on the Closing Date. Buyer and Seller shall deposit in Escrow with Escrow Agent all instruments, documents and monies necessary to complete the sale in accordance with this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. 7.2 Closing Costs. 7.2.1 Seller's Costs. Seller shall pay the Seller's share of prorations, if any, and excise real estate taxes. 7.2.2 Buyer's Costs. Buyer shall pay (a) all escrow 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 Title Policy and any additional endorsements or coverage Buyer may require, including applicable sales tax. 7.2.3 Other Costs. Buyer and Seller shall each pay its own legal fees and fees of its own consultants. All other costs and expenses shall be allocated between Buyer and City in accordance with the customary practice of King County, Washington. Rice Property Acquisition 12.5.13 Page 4 of 12 RES.E Page 186 of 220 7.3 Real Property Taxation. City shall be responsible for all real property taxes due land owing prior to the Closing. 7.4 Closing Documents. 7.4.1 Seller's Documents. At Closing, Seller shall deliver to Escrow Agent the following instruments and documents: 7.4.1.1 The executed and acknowledged Deed in the form attached hereto as Exhibit "A," conveying the Property to Buyer; 7.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and 7.4.1.3 An executed nonforeign person affidavit in the form required under Section 1445 of the Internal Revenue Code. 7.4.2 Buyer's Documents. At Closing, Buyer shall deliver to Escrow Agent the following funds, instruments and documents: 7.4.2.1 The balance of the Purchase Price in accordance with Section 3; 7.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2 above. 7.5. Possession. Buyer shall be entitled to possession of the Property upon Closing. 9.Title Insurance. As soon as available after Closing, Seller shall provide to Buyer the Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions. 10. Representations and Warranties. 10.1 Seller's Representations and Warranties. In addition to any other representations or warranties of City elsewhere in this Agreement, Seller represents and warrants to Bueyr now, and as of the Date of Closing, that: 10.1.1 Authority. That the Seller has full power and authority to execute this Agreement and perform Seller's obligations hereunder, and all necessary action to authorize this transaction has been taken, except as specifically provided herein. 10.1.2 Hazardous Substances. Seller has not received notification of any kind from any governmental agency suggesting that the Property is or may be targeted for a Hazardous Substances cleanup; to the best of Seller's knowledge the Property has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel, chemicals or any type of toxic, dangerous, hazardous or biological waste or substance (collectively, "Hazardous Substances"), or (b) as a landfill or waste disposal site; to the best of Seller's knowledge Rice Property Acquisition 12.5.13 Page 5 of 12 RES.E Page 187 of 220 the Property has not been contaminated with any Hazardous Substances; and to the best of Seller's knowledge, there are no underground storage tanks on the Property. 10.2 Buyer's Representations and Warranties. In addition to any other representations and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to Seller 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 this 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. 10.3 "AS IS" CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS THAT THE PROPERTY IS BEING PURCHASED BY BUYER ON AN "AS IS" WHERE IS" AND "WITH ALL FAULTS" BASIS, EXCEPT TO THE EXTENT OF REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE BY SELLER HEREIN OR IN THE DEED OR OTHER DOCUMENTS TO BE DELIVERED BY SELLER AT CLOSING. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH RESPECT TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY SELLER OR ITS REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY BROKER, EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING. EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY SELLER AT CLOSING, BUYER HAS NOT RELIED UPON AND WILL NOT RELY UPON, AND SELLER EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO, AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, STRUCTURES OR IMPROVEMENTS LOCATED THEREON OR THE SUITABILITY THEREOF 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 THE EXISTENCE OF OR COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV) ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE FACT THAT ALL OR A PORTION OF THE 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 Rice Property Acquisition 12.5.13 Page 6 of 12 RES.E Page 188 of 220 ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT LIMITATION ASBESTOS OR FORMALDEHYDE, OR THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING, CITY SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE CONDITION OF THE PROPERTY UNDER COMMON LAW, OR ANY FEDERAL, STATE, OR LOCAL LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980 AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ., AND THE WASHINGTON MODEL TOXICS CONTROL ACT ("MTCA"), RCW 70.105D. BUYER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS WHICH THE BUYER HAS OR MAY HAVE AGAINST CITY UNDER ANY OF THE 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 DOCUMENTS TO BE EXECUTED AND DELIVERED BY CITY AT CLOSING. BUYER ACKNOWLEDGES TO CITY THAT BUYER IS GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS, INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE EXCEPTION OF RIGHTS EXPRESSLY SET FORTH ABOVE. BUYER: SELLER: 11. Maintenance of Property; Risk of Loss, Condemnation. 11.1 Maintenance of Property. From the date of this Agreement until the Closing Date or any earlier termination of this Agreement), Seller agrees to maintain the Property in substantially the same condition existing as of the date hereof, ordinary wear and tear, damage by casualty excepted. 11.2 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 Seller in connection with any casualty or damage and Seller 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. Rice Property Acquisition 12.5.13 Page 7 of 12 RES.E Page 189 of 220 In the event of any condemnation or eminent domain proceeding by any entity other than City, or a deed in lieu or under threat thereof, which 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. 12. Default. 12.1 Time of Essence. Time is of the essence of this Agreement. 12.2 Seller'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 this Agreement, Seller's sole and exclusive remedies shall be to retain the Deposit as liquidated damages. Buyer expressly agrees that the retention of the Deposit by Seller 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 this provision does not constitute a penalty. In this respect, Buyer and Seller acknowledge that these damages have been specifically negotiated between Buyer and Seller and are, inter alia, to compensate Seller for delaying the eventual sale of the Property and to compensate Seller or its costs and expenses associated with this Agreement. Buyer hereby waives the rights and benefits of any law, rule, regulation or order now or hereafter existing that would allow Buyer to claim a refund of the Deposit as unearned earnest money, a penalty or for any other reason except default by Seller. 12.3 Buyer's Remedies for Seller's Default. If Seller 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 this Agreement, receive a refund of the Deposit and recover from Seller 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. 13. Notices. All notices, 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, or by email at 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: Rice Property Acquisition 12.5.13 Page 8 of 12 RES.E Page 190 of 220 If to City: City of Auburn Planning & Development Department 25 West Main Street Auburn, WA 98001-4998 Attn: Elizabeth Chamberlain, Planning Services Manager Email: echamberlain(dauburnwa.gov With copies to: City Attorney's Office City of Auburn 25 West Main Street Auburn, WA 98001-4998 Attn: City Attorney Email: sgross @auburnwa.gov; dheidna,auburnwa.gov If to Seller: Mr. John Rice 104 L Street NE Auburn, WA 98002 Email: bertkeene@hotmail.com Notice of change of address shall be given by written notice in the manner detailed in this Section 13. 14. General. 14.1. Entire Agreement. This is the entire agreement of Buyer and Seller with respect to the matters covered hereby and supersedes all prior agreements between them, written or oral. This Agreement may be modified only in writing, signed by Buyer and Seller. Any waivers hereunder must be in writing. No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. This Agreement shall be governed by the laws of the State of Washington. Venue for disputes under this agreement shall lie with the Superior Court of King County, Washington. 14.2 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 heirs, 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 which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15. Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of this Agreement, the prevailing party therein shall be entitled to recover from the Rice Property Acquisition 12.5.13 Page 9 of 12 RES.E Page 191 of 220 other party such sum as the Court may adjudge reasonable as attorneys' fees, including fees incurred at trial, on any appeal and in any petition for review. 16. Exclusivity. During the term of this Agreement Seller shall not market nor list the Property for sale, nor accept any offers from third parties with respect to sale of the Property. 17. Reservation of Police Power. Notwithstanding anything to the contrary set forth herein, Seller understands and acknowledges that the City's authority to exercise its police (regulatory) powers in accordance with applicable law shall not be deemed limited by the provisions of this Agreement. 18. City Council Approval. The Seller acknowledges that this Agreement does not bind the City of Auburn until the City Council approves the Purchase Agreement and the Mayor executes the Agreement. 19. Exhibits. Exhibit A attached hereto is incorporated herein as if fully set forth. SIGNED in duplicate original as of the date first above written. CITY OF AUBURN SELLER By Nancy Backus, Mayor John Rice, Property Owner Attest: Danielle Daskam, City Clerk Approved as to form: i Sr I Daniel B. Heid, Auburn City Attorney EXHIBITS Exhibit A, Warranty Deed Rice Property Acquisition 12.5.13 Page 10 of 12 RES.E Page 192 of 220 Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. WARRANTY DEED Reference#(if applicable): N/A Grantor/Borrower: John Rice Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: THE NORTH 140 FEET LESS THE WEST 126 FEET OF LOT 4 IN BLOCK 4 OF EAST AUBURN GARDEN TRACTS, AS PER PLAT RECORDED IN VOLUME 18 OF PLATS, PAGE 98, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Assessor's Tax Parcel ID#: 2154000120 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, John J. Rice, hereby conveys and warrants to the City of Auburn, a municipal corporation of the State of Washington, Grantee herein, its successors and assigns, the property legally described and depicted in Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"). IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its proper officer(s) this day of 2013. Grantor: John J. Rice By: Date Signed: Rice Property Acquisition 12.5.13 Page 11 of 12 RES.E Page 193 of 220 STATE OF ss. County of STATE OF WASHINGTON ) ss. County of King I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the City of Auburn, a Washington municipal corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of residing at My appointment expires Rice Property Acquisition 12.5.13 Page 12 of 12 RES.E Page 194 of 220 Rice Property Proposed Acquisition Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 1/8/2014 RES.E Page 195 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5030 Date: January 14, 2014 Department: Planning and Development Attachments: Res 5030 Map of Pierce County Centers Budget Impact: $0 Administrative Recommendation: City Council to adopt Resolution No. 5030. Background Summary: In February 2012, the Pierce County Regional Council (PCRC) sought applications from jurisdictions to designate Centers of Local Importance for the 2012 transportation funding cycle. Auburn submitted an application requesting that the Pierce County portion of the City be designated a local center. Subsequent to the transportation funding cycle, the Growth Management Coordinating Committee (staff committee that supports the Pierce County Regional Council) was charged with developing criteria for designating Center of Local Importance with the result being recommended amendments to the Pierce County Countywide Planning Policies (CPPs). At the March 21, 2013 PCRC meeting, the PCRC recommended approval of the amended CPPs to the full County Council. The County Council held a public hearing on September 10, 2013 and approved the amended CPPs on September 24, 2013. Once the County Council takes approval action, the amended CPPs are sent to the cities and towns in Pierce County for ratification. The amendments to the CPPs become effective when 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population adopt the amendments. There is an 180-day approval process for amendments to the CPPs. Jurisdictions may take action to approve or disapprove the interlocal agreement, or the absence of a legislative action to disapprove the proposed amendment by March 23, 2014 then amendments are automatically in effect. Planning and Community Development Committee reviewed Resolution No. 5030 at their January 13, 2014 meeting. The Committee decided to move the item to action and recommended approval of Resolution No. 5030 to the full City Council. Resolution No. AUBURN * MORE THAN YOU IMAGINEDRES.F Page 196 of 220 5030 was also reviewed by the Public Works Committee at their January 21, 2014 meeting. Reviewed by Council Committees: Planning And Community Development, Public Works Other: Planning, Legal Councilmember:Holman Staff:Tate Meeting Date:January 21, 2014 Item Number:RES.F AUBURN * MORE THAN YOU IMAGINEDRES.F Page 197 of 220 RESOLUTION NO. 5 0 3 0 A RESOLUTION OF THE CITY COUNCIL OF AUBURN, WASHINGTON, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT WITH PIERCE COUNTY, THEREBY AMENDING THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES FOR CENTERS OF LOCAL IMPORTANCE WHEREAS, on July 1, 1990, the Growth Management Act (the GMA) became effective (Chapter 36.70A Revised Code of Washington); and WHEREAS, the Growth Management Act requires Counties, Cities, and Towns to plan for housing affordable to all economic segments of the population; and WHEREAS, on January 31, 1995, the Pierce County Council passed Resolution R95-17 affirming the commitment of the County to continue discussions with other local jurisdictions to resolve implementation of the Growth Management Act; and WHEREAS, the Pierce County Countywide Planning Policies are written policy statements which are to be used solely for establishing a countywide framework from which the County and Municipal comprehensive plans are developed and adopted; and WHEREAS, the City participated in the amendment process and helped develop the proposed Pierce County Countywide Planning Policies through participation in Pierce County's Growth Management Coordinating Committee (GMCC), a staff level committee that reviews amendments to the Pierce County Countywide Planning Policies and makes recommendations to the Pierce County Regional Council (PCRC); and Resolution No. 5030 January 8, 2014 Page 1 of 3 RES.F Page 198 of 220 WHEREAS, the Pierce County Regional Council recommended adoption of the proposed amendments to the Pierce County Countywide Planning Policies on March 21, 2013; and WHEREAS, the Pierce County Council adopted Ordinance No. 2013-53s on September 24, 2013; and WHEREAS, amendments to the Pierce County Countywide Planning Policies must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County representing 75 percent of the total population; and WHEREAS, an interlocal agreement titled "Amendments to the Pierce County Countywide Planning Policies" was developed for the purpose of implementing the recommended amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN HEREBY RESOLVES as follows: Section 1. The amendments to the Pierce County Countywide Planning Policies are attached as Exhibit A to this Resolution. Section 2. The Mayor is authorized to execute the interlocal agreement for the purpose of amending the Pierce County Countywide Planning Policies in accordance with the requirements of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. Section 3. That a copy of the resolution and signed interlocal agreement authorizing approval shall be provided to Pierce County. Section 4. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 5030 January 8, 2014 Page 2 of 3 RES.F Page 199 of 220 Section 5. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and signed this day of 2014. CITY OF AUBURN NANCY BACKUS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TQFORM: 77 Daniel B. Heid, City Attorney Resolution No. 5030 January 8, 2014 Page 3 of 3 RES.F Page 200 of 220 Pierce County Regional Council 2401 South 35th Street, Room 228 Tacoma, Washington 98409 253) 798-7156 February 2,2012 To: Mayor,Staff and PCRC Representatives RE:Centers of Particular Local Interest At the meeting of the Pierce County Regional Council(PCRC)on January 26,2012,a discussion occurred specific to"Centers of Particular Interest"as it relates to VISION 2040's(V2040)language referring to"town centers and activity nodes"and the allocation of transportation funding. This discussion was initiated through a request by the Pierce County Transportation Coordinating Committee(TCC)with consultation with the Pierce County Growth Management Coordinating Committee(GMCC). As you are aware,we are on the verge of beginning another cycle of competition for federal funds managed by PSRC. Historically,for the Countywide share of the funds(not the Regional share),the policy has been that transportation projects in or serving local centers as well as Regional Centers were eligible to receive federal funding;however,since there was no definition or identification of these areas the TCC Scoring Committee has had to take a more subjective approach to determine if a project was really associated with a local center. Consequently, each member of the Scoring Committee has been left to determine individually which projects adequately support V2040's"town centers and activity nodes"language. The PCRC is being asked to remove this subjectivity from this year's Countywide funding scoring process. This may be achieved through the identification/compilation of"Local Centers"as submitted by the County and cities and towns and agreed to by the PCRC. At this time PCRC is formally requesting a list and supporting documentation from each jurisdiction specifying its local centers"and"activity nodes." Supporting documentation could include any past legislative action,a completed study,a master plan or anything else a jurisdiction believes makes its case for the local significance of a particular area. The submitted local centers will be compiled on a map and presented to the GMCC along with the associated documentation. Please note that this process is completely separate from the CPPs formal process for jurisdictions to nominate new Regional Growth Centers and Manufacturing Centers. Again,it has not yet been determined by PCRC if this list will be used in the current round of Countywide competitive federal transportation funding through PSRC. If agreed to,we would use the list solely to aid in scoring application for the current(2012)funding competition. Our intention is to have the GMCC review the submitted proposals and forward a recommendation to the PCRC for consideration at its March meeting. Because of the tight timeline associated with the transportation funding process,it is vital that the GMCC be able to start reviewing any Local Centers to be considered at its next meeting on February 23. Please submit your list and supporting documentation to Toni Fairbanks,PCRC Clerk,at tfairba(&,co.pierce.wa.us. If you have any technical questions,please direct them through your GMCC representative to Ian Munce,imuncen,ci.tacoma.wa.us. Only proposals submitted by 4:30 p.m.on February 17,2012,will be considered. Thank you, Glenn Hull PCRC Chair. RES.F Page 201 of 220 PCRC 6 a Pierce County e 0 5 2013 Regional Council 2401 South 35th Street,Room 175 I ' 'S OFFICE Tacoma,Washington 98409-7460 DATE: October 31, 2013 t A TO: Pierce County City and Town Mayors and Council Members Pierce County Regional Council Members(PCRC) Pierce County City and Town Clerks SUBJECT: Interlocal Agreement- Amendments to the Pierce County Countywide Planning Policies, Centers of Local Importance(CoLIs) The Pierce County Regional Council (PCRC) recommended the enclosed amendments to the Pierce County Countywide Planning Policies (CPPs).As the first step in the ratification process,the Pierce County Council adopted Ordinance No. 2013-53s on September 24,2013. This action signifies Pierce County's approval of the proposed amendment to set guidelines in the establishment of Centers of Local Importance (CoLI),and authorizes the Pierce County Executive to execute interlocal agreements with the Cities and Towns of Pierce County to ratify the proposal. This correspondence is the official transmittal of the PCRC's recommendation to amend the CPPs, and request for ratification of the proposal. The proposal incorporates designation criteria into the Pierce County Countywide Planning Policies (CPPs) for a new type of center for land use and transportation planning purposes. A Center of Local Importance (CoLI), as depicted through VISION 2040, represents the lowest level of Centers. These areas may include downtowns, as well as smaller-scaled neighborhood business districts and crossroads. As proposed, a jurisdiction first depicts its CoLI through its comprehensive plan. The information in the local plan must include a map defining the area, as well as other details such as the land use designation(s) and infrastructure plans. Notification to the Pierce County Regional County (PCRC) must occur as a part of the local planning process. When the local process is complete, a locally designated CoLT is included within an appendix to the CPPs. For this proposal to be amended into the CPPs, it must be ratified by Pierce County jurisdictions. Ratification is achieved once 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population approve the proposal.Demonstration of approval may be executed through an interlocal agreement,or the absence of a legislative action to disapprove the proposed amendment by March 23,2014.Note: This is a new 180-day approval process established through the latest amendments to the CPPs. If your jurisdiction is in favor of this proposal, it may either: Pass an ordinance/resolution within the interlocal agreement and CoLI amendment language;or Take no action addressing the proposed amendment. If your jurisdiction is not in favor of the proposal, it should pass a resolution stating its opposition. RES.F Page 202 of 220 Pierce County Mayors,Council Members,PCRC Members,Clerks October 31,2013 Page 2 The Pierce County Ordinance,which includes the interlocal agreement and amendments to the Countywide Planning Policies, and an explanatory sheet are included for your convenience.Note thatjurisdictions do not have the ability to make line item modifications. If your jurisdiction takes action to ratify the proposal, send two original signed copies of the interlocal agreement and a copy of your resolution,ordinance,or meeting minutes authorizing approval to: Pierce County Planning and Land Services Attn: Cindy Anderson 2401 South 35th Street,Room 175 Tacoma, WA 98 409 All information must be received in our office no later than March 23,2014. One copy will be returned to your jurisdiction after it has been signed by the Pierce County Executive. Thank you for your assistance. If you have any questions,please contact Dan Cardwell, dcardwe @co.pierce.wa.us, (253) 798-7039, or me cander5 gco.pierce.wa.us, (253)798-2630. Sincerely, 0-Aje47:-X2r) Cindy Anderson Clerk, Pierce County Regional Council Enclosures c: Growth Management Coordinating Committee admin\perc\countywide planning politics\2013\CoLI Interlocal Agreement Ur 10 30 13.docx RES.F Page 203 of 220 1 Sponsored by: Councilmembers Rick Talbert and Stan Flemming 2 Requested by: Executive/Planning and Land Services 3 4 5 6 ORDINANCE NO. 2013-53s 7 8 9 An Ordinance of the Pierce County Council Acknowledging its Approval of 10 1 a Proposed Amendment to Incorporate Criteria for the 11 Designation of Centers of Local Importance in the Pierce 12 County Countywide Planning Policies as Recommended by 13 the Pierce County Regional Council; Authorizing the Pierce 14 County Executive to Execute Interlocal Agreements with the 15 Cities and Towns of Pierce County to Ratify the Proposed 16 Amendments; and Adopting Findings of Fact. 17 18 Whereas, the Pierce County Regional Council (PCRC)was created in 1992 by 19 interlocal agreement among the cities and towns of Pierce County and Pierce County 20 Government(the County), and charged with responsibilities, including: serving as a 21 local link to the Puget Sound Regional Council, promoting intergovernmental 22 1 cooperation, facilitating compliance with the coordination and consistency requirements 23 1 of the Growth Management Act(Chapter 36.70A., Revised Code of Washington [RCW]) 24 ' and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and 25 ' developing a consensus among jurisdictions regarding the development and 26 1 modification of the Pierce County Countywide Planning Policies; and 27 28 Whereas, the Pierce County Countywide Planning Policies (CPPs) are written 29 policy statements which are to be used solely for establishing a countywide framework 30 from which the County and municipal comprehensive plans are developed and adopted; 31 and 32 33 Whereas, the framework is intended to ensure that the county and municipal 34 comprehensive plans are consistent; and 35 36 Whereas, the County adopted its initial CPPs on June 30, 1992; and 37 38 Whereas, the Pierce County Growth Management Coordinating Committee 39 (GMCC) is a technical subcommittee to the PCRC, and the GMCC includes staff 40 representatives from the County and the cities and towns within Pierce County; and 41 42 1 Whereas, the PCRC, based upon the recommendation from the GMCC and its 43 own discussions, recommended approval of the proposal at its March 21,2013 meeting; • 44 and 45 46 Whereas, amendments to the Pierce County Countywide Planning Policies must 47 be adopted through amendment of the original interlocal agreement or by a new Ordinance No. 2013-53s Pierce County Council Page 1 of 3 930 Tacoma Ave S,Rm 1046 . Tacoma.WA 96402 RES.F Page 204 of 220 1 interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County 2 representing 75 percent of the total population; and 3 4 Whereas, demonstration of ratification shall be by execution of an interlocal 5 agreement or the absence of a legislative action to disapprove a proposed amendment; 6 and 7 8 Whereas, an Interlocal Agreement entitled "Amendments to the Pierce County 9 Countywide Planning Policies" has been developed for this purpose, and is included as 10 Exhibit B to this Ordinance; and 11 12 ! Whereas, a jurisdiction shall be deemed as casting an affirmative vote if it has 13 not taken legislative action to disapprove a proposed amendment within 180 days from 14 the date the Pierce County Council formally authorizes the Pierce County Executive to 15 enter into an interlocal agreement; and 16 17 Whereas, when ratified by the necessary number of cities and towns, Section 18 19D.240 of the Pierce County Code (PCC), "Pierce County Countywide Planning 19 Policies", shall be amended by a subsequent ordinance of the County Council to 20 incorporate the recommended proposal; and 21 22 Whereas, the Pierce County Planning Commission, at its May 28, 2013, regular 23 public hearing, reviewed the proposed amendments to the Pierce County Countywide 24 Planning Policies and recommended denial; and 25 26 Whereas, an environmental review of the proposed amendments to the Pierce 27 County Countywide Planning Policies was conducted pursuant to Chapter 43.21C RCW 28 and a Determination of Nonsignificance was issued on June 26, 2013; and 29 30 Whereas, after a properly noticed public hearing, the Community Development 31 ! Committee of the Pierce County Council considered oral and written testimony and 32 1, forwarded Its recommendation to the full County Council; and 33 34 Whereas, the County Council held a public hearing on September 10, 2013, 35 where oral and written testimony was considered; and 36 37 Whereas, the County Council finds that it is in the public interest to authorize the 38 Pierce County Executive to execute the interlocal agreement; Now Therefore, 39 40 BE IT ORDAINED by the Council of Pierce County: 41 42 Section 1. The Pierce County Council acknowledges its approval of the 43 amendments to the Pierce County Countywide Planning Policies recommended by the 44 Pierce County Regional Council as set forth in Exhibit A, which is attached hereto and 45 incorporated herein by reference. 46 Ordinance No.2013-53s Pierce County Council Page 2 of 3 930 Tacoma Ave S,Rm 1046 Tacoma,WA 98402 RES.F Page 205 of 220 Section 2. The Pierce County Council authorizes the Pierce County Executive to 2 execute Interlocal Agreements as set forth in Exhibit B, which is attached hereto and 3 incorporated herein by reference, thereby ratifying the attached amendments to the 4 Pierce County Countywide Planning Policies as recommended by the Pierce County 5 Regional Council. 6 7 Section 3. The Pierce County Council adopts Findings of Fact as shown in 8 Exhibit C, which is attached hereto and incorporated herein by reference. 9 10 PASSED this a,1 day of 2013. 11 ' 12 ATTEST: PIERCE COUNTY COUNCIL 13 Pierce County, Washington 14 15 . 17 Denise D. Johnson V Joy a McDonald 18 Clerk of the Council Council Chair 19 20 111 ' .rdI! 22 Pat McCarthy 23 Pierce County xe 24 Approved etotd this 25 a day of 26 2013. 27 28 Date of Publication of 29 Notice of Public Hearing: C(11) \ t D0\' 30 U 31 Effective Date of Ordinance: Ut ` i 13 32 Ordinance No. 2013-53s Pierce County Council Page 3 of 3 930 Tacoma Ave S,Rm 1046 Tacoma,WA 98402 RES.F Page 206 of 220 1 Exhibit A to Ordinance No, 2013-53s 2 3 4 5 6 Proposed Amendment 7 to the 8 Pierce County Countywide Planning 9 to 10 (Incorporate Criteria for the Designation 11 of 12 Centers of Local Importance 13 1 Exhibit A to Ordinance No. 2013-53s Pierce County Council Page 1 of 3 030 Tacoma Ave S,Rm 1046 Tacoma.WA 98402 RES.F Page 207 of 220 A 1 All text shown below is new, 2 3 4 Centers of Local Importance(CoLI)—Page 60: 5 6 Introduction language 7 CoLIs are designated for the purpose of identifying local centers and activity nodes that are 8 consistent with VISION 2040's Multi-county Planning Policies. Such areas promote compact, 9 pedestrian-oriented development with a mix of uses,proximity to diverse services, and a variety 10 of appropriate housing options,or be in an established industrial area, - 11 12 Rural Areas—Page 62: 13 14 Rur-21, A CoLI may be located in a rural designated area. 15 16 21.1 A CoLI within a rural area shall encompass similar design features as 17 identified in UGA-48 through UGA-52. 18 19 21.2 To be officially recognized, a CoLI within a rural area shall meet the same 20 implementation strategy/process as set forth in UGA-53 through UGA-55. 21 22 Starting on Page 81: 23 24 Introduction language 25 CoLIs are designated for the purpose of identifying local centers and activity nodes that are 26 consistent with VISION 2040's Multicounty Planning Policies. Such areas promote compact, 27 pedestrian-oriented development with a mix of uses,proximity to diverse services, and a variety 28 of appropriate housing options, or be in an established industrial area. 29 30 I Urban Growth Areas- Page 104: 31 32 Centers of Local Importance(CoLI) 33 Concepts and Principles 34 35 UGA-49. A CoLI may be located in either an urban or rural area, and shall include activities 36 that provide a focal point or sense of place for a community and its surrounding 37 area. 38 39 Design Features of CoLIs 40 41 UGA-50. A CoLI is characterized by a concentration of land uses or activities that provide a 42 sense of place or gathering place for the community and neighborhood residents. 43 A CoLI should include one or more the following characteristics: 44 45 50.1 Civic services 46 50.2 Commercial areas 47 50.3 Recreational areas Exhibit A to Ordinance No. 2013-53s Pierce County Council Page 2 of 3 930 Tacoma Ave S,Rm 1048 Tacoma,WA 98402 RES.F Page 208 of 220 1 50.4 Industrial areas 2 50.5 Cultural facilities/activities 3 50.6 Historic buildings or sites 4 50.7 Residential areas 5 6 UGA-51. The size of a CoLI and the mix and density of uses are to be locally determined to 7 meet community goals, 8 9 UGA-52, Each jurisdiction shall define the role that the CoLl plays in supporting planned 10 growth. 11 ' 12 UGA-53. A variety of appropriate transportation options and pedestrian-friendly design 13 should be available or planned within a CoLI. 14 15 Implementation Strategies 16 17 UGA-54. A CoLI shall be locally adopted;approval by the PCRC or other regional 18 organization shall not be required. 19 20 54.1 A jurisdiction shall document how an area meets the Design Features 211 UGA-48 through UGA-52)of a CoLI in its comprehensive plan. 22 54.2 The documentation should include examples,plans,or other information 23 that supports the designation of a CoLI. 24 54.3 An area adopted as a CoLI shall be definitively delineated on a map within 25 a jurisdiction's comprehensive plan. 26 54,4 A CoLI shall have appropriate land use designations,zoning regulations, 27 and infrastructure plans for existing and planned development. 28 54.5 A comprehensive plan that utilizes an alternative label to refer to a CoLI 29 shall be accompanied with adopted findings of fact that recognizes the 30 area as a CoLI per the Pierce County CPPs. 31 32 UGA-55. A jurisdiction shall provide the PCRC notice of its intention to locally adopt a 33 CoLI or recognize formally adopted CoLIs that meet the criteria. 34 35 55.1 The notice shall be provided to the PCRC 60 days (minimum)prior to the 36 expected dated of adoption. 37 55.2 The notice shall provide information that identifies the location of the 38 proposed CoLI and documents how the location meets the CoLI policies. 39 40 UGA-56. A locally adopted CoLI shall be recognized in Appendix B of the CPPs. 41 42 56,1 Jurisdictions shall forward a map of locally adopted CoLIs together with 43 the comprehensive plan citations to the PCRC for inclusion into Appendix 44 B. The adopted CoLIs shall be attached to the CPP publications as 45 Appendix B for ease of reference. Appendix B shall not be considered a 46 component of the CPPs and, accordingly, an update to Appendix B shall 47 . not constitute an amendment to the CPPs requiring ratification by Pierce 48 I County jurisdictions. Exhibit A to Ordinance No. 2013-53s Pierce County Council Page 3 of 3 930 Tacoma Ave 6,Rm 1046 Tacoma,WA 98402 RES.F Page 209 of 220 1 Exhibit C to Ordinance No. 2013-53s 2 3 FINDINGS OF FACT 4 5 The Pierce County Council finds that: 6 7 1. The Pierce County Regional Council (PCRC)was created in 1992 by Interlocal 8 agreement among the cities and towns of Pierce County and Pierce County 9 Government(the County), and charged with responsibilities, including: Serving as a 10 local link to the Puget Sound Regional Council(PSRC), promoting intergovernmental 11 cooperation,facilitating compliance with the coordination and consistency 12 requirements of the Growth Management Act[GMA] (Chapter 36.70A RCW)and the 13 Regional Transportation Planning Organization(Chapter 47.80 RCW), and developing 14 a consensus among jurisdictions regarding the development and modification of the 15 Countywide Planning Policies. 16 17 2. The GMA required the County to adopt a countywide planning policy in cooperation 18 with the cities and towns located within Pierce County. 19 201 3. The Countywide Planning Policies are to be used for establishing a county-wide 21 framework from which the comprehensive plans for Pierce County and the cities and 22 towns within Pierce County are developed and adopted. 23 24 . 4. On June 30, 1992,the Pierce County Council passed No. Ordinance 92-74 adopting 25 the initial Pierce County Countywide Planning Policies. 26 27 5. The GMA requires the central Puget Sound region to adopt multi-county planning 28 policies. 29 30 6. The PSRC membership is comprised of central Puget Sound counties (King, Pierce, 31 Snohomish, and Kitsap), cities and towns, ports, tribes, and transit agencies. 32 33 7. The PSRC is the regional authority to adopt multi-county planning policies. 34 35 8. The PSRC adopted VISION 2040 at its May 2008 General Assembly meeting. 36 37 9. VISION 2040 is the central Puget Sound region's multi-county planning policies. 38 39 10. VISION 2040 recognizes "many secondary hubs and concentrations of development 40 also serve important roles as places for concentrating jobs, housing, shopping, and 41 recreational opportunities." 42 43 11. VISION 2040 recognizes "small neighborhood centers and even activity hubs that 44 serve as the crossroads in cities and communities of all sizes are also key in 45 j implementing a centers-based approach to development in the region." 46 47 ] 12. VISION 2040 policy MPP-DP-13"directs subregional funding,especially county-level 48 and local funds, to centers designated through countywide processes, as well as town 49 centers, and other activity nodes." 50 51 13. The PCRC directed the Growth Management Coordinating Committee to recommend 52 policies to designate Centers of Local Importance(CoLI). Exhibit C to Ordinance No.2013-53s Pierce County Council Page 1 of 3 930 Tacoma Ave S,Rm 1048 Tacoma,WA 98402 RES.F Page 210 of 220 1 2 14. The GMCC recommended new policies that set criteria and a process for the formal 3 recognition of areas that serve as important centers within Pierce County communities. 4 5 15. This formal recognition may be used in future countywide project evaluations. 6 7 16. Designated CoLI may be incorporated into scoring criteria for the future distribution of 8 subregional funding. 9 10 17. The PCRC based upon the recommendation from the GMCC, and its own discussions, 11 recommended approval of the proposal at their March 21, 2013 meeting. 12 13 18. The Pierce County Planning Commission recommended denial of the proposal at its 14 May 28, 2013 meeting. 15 16 19. The Pierce County Planning Commission recommendation to disapprove the proposal 17 was the result of a tie vote (2-2). 18 19 20. An environmental review of the proposed amendments to the Pierce County 20 Countywide Planning Policies was conducted pursuant to Chapter 43.21C RCW, and a 21 Determination of Nonsignificance was issued on June 26, 2013. 22 23 21. The Pierce County Countywide Planning Policies include provisions addressing 24 procedures for amending the Countywide Planning Policies. 25 26 22. The Pierce County Countywide Planning Policies require amendments to the 27 Countywide Planning Policies to be adopted through an amendment of the original 28 Interlocal Agreement or by a new interlocal agreement. The amendment will become 29 effective when 60 percent of the cities, towns, and the County, representing 75 percent 30 of the total population as designated by the State Office of Financial Management at 31 the time of the proposed ratification become signatories to the agreement. 32 33 23. A demonstration of ratification shall be by execution of an interlocal agreement or the 34 absence of a legislative action to disapprove a proposed amendment. 35 36 24. A jurisdiction shall be deemed as casting an affirmative vote If it has not taken 37 legislative action to disapprove a proposed amendment within 180 days from the date 38 the Pierce County Council formally authorizes the Pierce County Executive to enter 39 into an interlocal agreement. 40 41 25. The Community Development Committee of the County Council, after a properly 42 noticed public hearing, considered oral and written testimony, and forwarded its 43 recommendation to the full Council. 44 45 26. The County Council held a public hearing on September 10, 2013,where oral and 46 written testimony was considered. 47 48 27. It is in support of the amendment for providing consistency between the Pierce 49 Countywide Planning Policies and VISION 2040. 50 Exhibit C to Ordinance No. 2013-53s Pierce County Council Page 2 of 3 930 Tacoma c Ave S.R 91044 RES.F Page 211 of 220 1 2 28. A subsequent ordinance of the County Council shall be necessary to acknowledge the 3 ratification process and amend Section 19D.240 PCC, "Pierce County Countywide 4 Planning Policies". 5 6 29. It is in the public interest to authorize the Pierce County Executive to execute the 7 interlocal agreements. 8 Exhibit C to Ordinance No 2013-53s Pierce County Council 030 Tacoma Ave S.Rm 1048Page3of3 Tacoma.WA 98402 RES.F Page 212 of 220 §¨¦705 §¨¦5 UV167 UV16 UV410 UV509 UV512 UV7 UV507 UV509 UV162 UV302 UV16 UV162 UV302 UV702 UV99 UV161 §¨¦5 §¨¦5 UV7 UV7 UV161 UV7 UV410 UV165 UV165 UV509 UV161 UV161 UV410 UV167 UV512 UV161 UV7 UV162 UV16 UV167 UV161 UV7 UV16 UV99 §¨¦5 UV161 §¨¦5 Auburn Local Center Fife Center Phase 2 Community Center Fife Center Phase 1 Fife Center Phase 3 Sumner Town Center Neighborhood Center Edgewood Meridian Centers Steilacoom Town Center Milton West Activity Node Milton East Activity Node Cirque - Orchard Activity Node Downtown Business District Orting Plaza Town Center Plaza New Gate East Gate Main Gate Milton Mixed-Use Town Center South Gate 41st St Gate Liberty Gate I Street Gate Rainier Gate Dupont Gate D Street Gate Madigan Gate Center Dr Gate Scout's Out Gate Commercial Gate Logistics Center Gate Transmission Line Gate Military Family Housing Gate Sprinker Activity Node South Hill Urban Village North 112th/Canyon Road Activity Node Garfield Street / PLU Activity Node South Hill Urban Village South Graham Activity Node 176th/Pacific Ave. Activity Node Key Center Activity Node Midland Activity Node Neighborhood Center Neighborhood Center Neighborhood Center Community Center Community Center Community Center Community Center Community Center Community Center Neighborhood Center Neighborhood Center Camp Murray Gate Gig Harbor Westside Gig Harbor North Roy Gate Nisqually Rd Gate Chambers Creek Properties Activity Node Proposed Regional Growth Center Sumner / Pacific MIC Nalley Valley Candidate Center Puyallup Downtown South Hill Frederickson Lakewood Tacoma Mall Downtown Tacoma Port of Tacoma Tacoma Lakewood Puyallup Fife Sumner Dupont Edgewood Bonney Lake Gig Harbor University Place Orting Milton Auburn Fircrest Eatonville Steilacoom Roy Pacific Buckley Wilkeson Carbonado Ruston South Prairie 8T H A V E 6TH AV CA N Y O N R D E 176TH ST E 112TH ST E 288TH ST S S 19TH ST 224TH ST E 40 T H A V S 72ND ST E 264TH ST E 288TH ST E WE B S T E R R D E S J S T 352ND ST E 8T H A V S HAR T S L A K E R D S S M S T 160TH ST E S 38TH ST N 21ST ST 336TH ST S 112TH ST S 152ND ST E E L S T BR I D G E P O R T W Y W SO U T H T A C O M A W A Y S 74TH ST E P O R T L A N D A V S 56TH ST VAL L E Y A V E S U N I O N A V RU S T O N W Y P A C I F I C A V E 11T H S T STEILACOOM BLVD SW S M E R I D I A N N 26TH ST W PIONEER AL L E N R D S S A L A S K A S T S O R C H A R D S T SP A N A W A Y L O O P R D S BR I D G E P O R T W Y S W N I ST SUMNER-BUCKLEY HWY E S 25TH ST D O C K S T S 72ND ST S T A C O M A W Y 260TH ST E S 9TH ST 54 T H A V E 144TH ST NW CRA M E R R D K N 15 8 T H A V K S TA C O M A M A L L B L V D N P R O C T O R S T KI N S M A N R D E KEY P E N I N S U L A H W Y N CIRQUE DR W JOVITA BLVD E S S H E R I D A N A V LINC O L N A V BRO O K D A L E R D E GR A V E L L Y L A K E D R S W NISQUAL L Y R D S W S G S T S H O S M E R S T ST E E L E S T S 100TH ST SW PO R T O F T A C O M A R D MILITARY R D S N O R C H A R D S T 23 4 T H A V E S 64TH ST 86 T H A V N W WOLL O C H E T D R N W ECK E N S T A M J O H N S O N R D A I E 48TH ST SEHMEL DR N W PUYALLUP AV 56TH ST NW 11 8 T H A V N W EMERSON ST N TAC O M A A V V A L L E Y A V N W S I S T N V A S S A U L T S T LA K E W O O D D R W N U N I O N A V EATONVILLE HWY E 336TH ST E N SC H U S T E R P K W Y WILEY A V S C S T 45 T H A V N E RICE K A N D L E R D S 174TH ST S YOMAN R D A I S P R O C T O R S T EELLS ST 29TH ST NEN 37TH ST WASHINGTON BLVD SW STEILACOOM BLVD N 51ST ST E 72ND ST E FAIRBANKS ST N 15TH ST NOR P O I N T W Y N E 39TH AV SW E 34TH ST 2 N D S T N E CUS T E R R D S W S 36TH ST 70 T H A V E S 28TH ST STEWART RD S 34TH ST 116TH ST S 65 T H A V N E M A I N S T 96TH ST NW 24TH ST NW 288TH ST E E 11T H S T S S H E R I D A N A V S O R C H A R D S T N 37TH ST NO R P O I N T W Y N E OR V I L L E R D E 8T H A V S WA L L E R R D E 128TH ST E 304TH ST E 112TH ST E B S T E 22 N D A V E 104TH ST E C S T S 84TH ST E VI C K E R Y A V E S 12TH ST 20TH ST E 21 4 T H A V E 208TH ST E S T Y L E R S T 48 T H A V S 224TH ST E E MAIN N 30TH ST O R T I N G K A P O W S I N H W Y E 80TH ST E 144TH ST E SH A W R D CENTER ST PI O N E E R W Y E 67 T H A V W 86 T H A V E 94 T H A V E 96TH ST S 70 T H A V E 11 0 T H A V E GO L D E N G I V E N R D E 260TH ST E 200TH ST E WO O D L A N D A V E MC K I N L E Y A V 24TH ST E ALDE R C U T O F F R D E SOUTH PRAI R I E R D E PT F O S D I C K D R N W PA R K A V S 44 T H A V E TA Y L O R W Y S 15TH ST 21 8 T H A V E 15 8 T H A V E W E S T V A L L E Y H W Y E E 64TH STS 66TH ST BI N G H A M A V E 40TH ST NW PE A C O C K H I L L A V N W GR A N D V I E W D R W 72 N D A V S S 48TH ST KAPOWSIN HWY E A S T 23RD AV SE RA Y N A S H D R N W E A T O N V I L L E C U T O F F R D E MY E R S R D E CR E S C E N T V A L L E Y D R N W 99TH ST E PO R T L A N D A V E E A S T V A L L E Y H W Y E HUNT ST NW 416TH ST E E D S T T A C O M A A V S S 56TH ST STEI L A C O O M - D U P O N T R D S W S 84TH ST VALLEY A V E 62 N D A V E PACIF I C H W Y S W 8TH ST E 38 T H A V N W FR E E M A N R D E 280TH ST S 14 2 N D A V E 240TH ST E 320TH ST E 121ST ST E ONYX DR SW 168TH ST E AL A M E D A A V S P I N E S T E A L E X A N D E R A V Y A K I M A A V 152ND ST E REI D D R N W 12 2 N D A V E JENSEN RD E STRINGTOWN RD E W STEWAR T 23 4 T H A V E 27TH ST W 108TH ST S S O U T H T A P P S D R E TI S C H R D S 36TH ST E AN G E L I N E R D E 16 T H A V S 50 T H A V E 340TH ST E 14 T H A V N W 32ND ST E 48TH ST E ZIRCON DR S W 31ST AV SW 23 0 T H A V E NO R T H L E V E E R D E 9TH ST E SUNRISE BLVD E PATTERSON RD E 138TH ST S WE S T T A P P S D R E S 11TH ST 116TH ST S 102ND ST S VA L L E Y A V 8T H A V E 14 6 T H A V E 304TH ST S 9T H A V F I CIRQUE DR W A P T U B B S R D E MU N D Y L O S S R D E 320TH ST S 172ND ST E UN I O N A V 150TH ST SW SU N S E T D R W MCC U T C H E O N R D E B R O W N S P O I N T B L V D E A S T B A Y D R N W JOHNS RD E ROSEDALE ST NW 11 4 T H A V E SC H U D Y R D S BROO K D A L E R D E 66 T H A V E 34 T H A V E 56 T H A V S 46 T H A V E 90TH ST E RIVERSIDE D R E 84TH ST S 9T H S T S W 39TH AV SE ROSEDALE ST E PIONEER 52ND ST E S 19TH ST 274TH ST E 336TH ST S EDWARDS RD E 120TH ST E GO O D R I C H D R N W N 46TH ST 10 8 T H A V E 97TH ST E 192ND ST E FOX DR FI 40TH ST E 18 2 N D A V E N LEVEE RD FA R W E S T D R S W TU L E L A K E R D S 24TH ST KS 94 T H A V N W H A L L S T R O M D R N W 180TH ST E PR A I R I E R I D G E D R E SO U N D V I E W D R CREVI S T O N D R N W 96TH ST E104TH ST SW VETERANS DR SW STONE DR NW MATHIAS RD E STEWART A V E 70 T H A V N W WARRE N D R N W 11 8 T H A V N W HI P K I N S R D S W 38 T H A V E 16 6 T H A V E BORGEN BLVD 58 T H A V E 78 T H A V E 36TH ST NW 46 T H A V N W HA R B O R V I E W D R 112TH ST SW MO L L E R D R N W LO C U S T A V E 138TH ST E 16TH ST E KOPA C H U C K D R N W CO U N T R Y D R E UNION A V S W SH A W R D E 145TH ST E S 47TH ST N A S S A U A V N E P H I L L I P S R D S W LO C K E D R S BU C K L E Y - T A P P S H W Y E 62 N D A V N E FR U I T L A N D A V E B U R N H A M D R N W 1 3 4 T H A V E W O L L O C H E T D R N W 62 N D A V N W S S T E V E N S S T CHURCH LAKE RD E 78 T H A V N W FR Y A R A V 12 6 T H A V K N KAMUS DR FI MARSHALL AV 2 1 0 T H A V E LOVASS R D A I MC K I N L E Y A V E S 8TH ST VA L E N T I N E A V S E 49 T H A V N E THO M A S R D K N 144TH ST NW CAMUS RD AI G E M H E I G H T S D R E ISLA N D B L V D F I 32ND ST NW L Y O N S D R S N NA R R O W S D R MAIN ST E FORD DR NW 75TH ST W 24 T H A V E 48 T H A V E 51ST ST NE BONNEY LAKE BLVD E 50 T H A V N W ME A D O W R D S W ST PAUL A V CENTER S T E TAYLOR ST E 11 T H A V F I CHRISTENSEN M U C K R D E 3R D A V F I 24 T H A V S 280TH ST E MIL W A U K E E A V E 136TH ST E 296TH ST S 133RD ST E 12 6 T H A V E 11 8 T H A V E 54 T H A V E 7 6 T H A V E 212TH ST E 122ND ST E 26 T H A V N W P I O N E E R W Y 59 T H A V S W EUS T I S H U N T R D E 6T H A V F I 15 0 T H A V E 87 T H A V S W 25TH ST E31ST ST W 66 T H A V N W 14 2 N D A V K S 12 2 N D A V K N N 26TH ST M A R K E T S T 43RD AV SE 37TH AV S E 64TH ST E 12TH ST E 11 5 T H A V N W RESE R V O I R R D E 128TH ST NW 160TH ST E 54TH ST W KNOBL E R D E 131ST ST E MILITARY RD E 11 1 T H A V E DU R A N G O S T S W MCCHORD DR S W ARTONDAL E D R N W 34 T H A V N W LA K E J O S E P H I N E A V A I 58 T H A V N E WESTGATE BLVD 71ST ST E DANA DR NW DANFORTH ST NW 54 T H A V N W 23 3 R D A V E KELLY LAKE RD E 91 S T A V S W 200 T H A V C T E YA K I M A A V S 92 N D A V E 10TH ST E 74 T H A V E 19 8 T H A V E 11 4 T H A V C T E 10 T H A V F I GRIGGS RD E 160TH ST S 22 N D A V N W 13 T H A V C T E 78TH ST E 336TH ST S 80TH ST E A S T FR U I T L A N D A V E 24TH ST E 122ND ST E 96TH ST E 11 4 T H A V E 64TH ST E 38 T H A V E 240TH ST E 12 2 N D A V E 152ND ST E 96TH ST E 192ND ST E 78 T H A V E 86 T H A V E A S T 38 T H A V E 120TH ST E 12 6 T H A V E 78 T H A V N W JOHNS R D E 62 N D A V N W 96TH ST E 54 T H A V E 70 T H A V E 112TH ST SW 14 T H A V N W YA K I M A A V 200TH ST E MA I N S T E 32ND ST E 78 T H A V E WO O D L A N D A V E 21 4 T H A V E 16TH ST E 12 2 N D A V E 48TH ST E 144TH ST E PIONEER WY E PA R K A V S µ Regional CentersCandidate Centers&Proposed Local Centersfor 2012 STP / CMAQFunding Competition March 2012 00.751.52.253Miles The map features are approximate and are intended only to provide an indication of said feature. Additional areas that have not beenmapped may be present. This is not a survey. Orthophotos and other data may not align. The County assumes no liability forvariations ascertained by actual survey. ALL DATA IS EXPRESSLY PROVIDED ‘AS IS’ AND ‘WITH ALL FAULTS’. The County makesno warranty of fitness for a particular purpose. Legend Pier c e County Centers Local Centers Regional MFG / IND Centers Regional Candidate Centers Regional Growth Centers !JBLM Gates Cities in Pierce County Federal / State Land RES.F Page 213 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5034 Date: January 12, 2014 Department: Administration Attachments: Ordinance Budget Impact: $0 Administrative Recommendation: City Council adopt Resolution No. 5034. Background Summary: The Auburn City Council Operations Committee designates the formation and membership of the standing committees of the City Council, subject to approval of the City Council. At their meeting on January 2, 2014, the Council Operations Committee recommended changing the meeting time for the Council Operations Committee to eliminate conflicts in meeting times with other Committees. A3.7.1 Reviewed by Council Committees: Council Operations Committee Councilmember:Wagner Staff:Heid Meeting Date:January 21, 2014 Item Number:RES.G AUBURN * MORE THAN YOU IMAGINEDRES.G Page 214 of 220 RESOLUTION NO. 5 0 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING RESOLUTION NO. 5017 PASSED DECEMBER 16, 2013, RELATING TO THE STANDING COMMITTEES OF THE CITY COUNCIL OF THE CITY OF AUBURN WHEREAS, the Aubum City Council Operations Committee designates the foRnation and membership of the standing committees of the Ciry Council, subject to the approval of a majority of the City Council; and WHEREAS, the Council Operations Committee conducted a meeting on January 2, 2014, at which time the Committee approved changes 10 the meeting time for the Council Operations Committee and recommended the City Council's adoption of the same. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES, AS FOLLOWS: Section 7. Section 3 ofi Resolution No. 5017 relating to the meeting schedule of the Council standing committees is amended as follows: Section 3. Unless otherwise designated by the Chair, the day and time of the meetings of the Standing Committees of the City Council of the City of Auburn shall be as follows: A. PUBLIC WORKS: 3:30 P.M. First and third Mondays of each month. Resolution No. 5034 January 10, 2014 Page 1RES.G Page 215 of 220 B. FINANCE COMMITTEE: 5:00 R.M. First and third Mondays of each month. C. PLANNING AND 60MMUNITY DEVELOPMENT COMMTITEE: 5:00 P.M. Second and fourth Mondays of each month. D. MUNICIPAL SERVICES COMMTITEE: 3:30 P.M. Second and fourth Mondays of each month. E. LES GOVE COMMUNITY CAMPUS COMMITTEE 5:00 P.M. Fourth Wednesclay of each month. F. COUNCIL OPERATIONS COMMITTEE 983:00 P.M: First Monday of each month. G. COMMITTEE OF THE WHOLE The Council Committee of the Whole shall meet whenever there is a fifth Monday in any month or as needed. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force and effect upon passage and signature hereon. Resolution No. 5034 January 10, 2014 Page 2RES.G Page 216 of 220 DATED and SIGNED this_day of 2014. CITY OF AUBURN ATTEST: NANCYBACKUS MAYOR Danielle E. Daskam, City Clerk APPR D AS TO fORM: Daniel8. ty ttomey Resolution No. 5034 January 10, 2014 Page 3RES.G Page 217 of 220 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 5038 Date: January 15, 2014 Department: Public Works Attachments: Res 5038 Budget Impact: $0 Administrative Recommendation: City Council adopts Resolution No. 5038. Background Summary: Resolution No. 5038 repeals Resolution No. 4826. In 2012, the City Council passed Resolution No. 4826 for the purpose of reducing speed limits on certain arterial routes within the City in an effort to preserve City streets and provide for traffic safety. Staff recommends repealing Resolution No. 4826 as the reduction in speed limits did not accomplish the level of street preservation desired or significantly add to traffic safety and the Council goals can be better met through alternatives including conventional engineering strategies. Reviewed by Council Committees: Finance, Public Works Councilmember:Osborne Staff:Snyder Meeting Date:January 21, 2014 Item Number:RES.H AUBURN * MORE THAN YOU IMAGINEDRES.H Page 218 of 220 RESOLUTION NO. 5 0 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING RESOLUTION NO. 4826 REGARDING REDUCTION OF SPEEDS ON ARTERIAL STREET ROUTES IN THE CITY WHEREAS, the City of Auburn has been involved in numerous efforts to preserve its streets and provide for safe travel along them; and WHEREAS, among the factors that impact street surfaces and contribute to the safe use of streets are speed limits; and WHEREAS, the City Council endeavored to employ a program of reducing speed limits on certain arterial street routes within the City, in an effort to preserve City streets and provide for traffic safety, and did so through Resolution No. 4826, passed by the City Council on June 4, 2012; and WHEREAS, the City Council recognizes that the effect of reducing speed limits along certain arterial streets within the City did not accomplish the level of street preservation desired, nor did it significantly add to traffic safety; and WHEREAS, it is therefore appropriate to endeavor to reach these goals through other alternatives including conventional engineering strategies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Section 1. That Resolution No. 4826, adopted on June 4, 2012, is hereby repealed. Resolution No. 5038 January 14, 2013 Page 1 of 2 RES.H Page 219 of 220 Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the 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 2014. CITY OF AUBURN NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED A S TO FORM: 0 D del B. Heid, City Attorn- Resolution No. 5038 January 14, 2013 Page 2 of 2 RES.H Page 220 of 220