HomeMy WebLinkAbout01-21-2020 CITY COUNCIL AGENDACity Council Meeting
J anuary 21, 2020 - 7:00 P M
City Hall Council Chambers
AGE ND A
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I .C AL L T O O RD E R
A.P ledge of Allegiance
B.Roll Call
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS , AND P RE S E NTAT IO NS
I I I .AP P O INT M E NT S
A.A rts C ommission
C ity C ouncil to conf irm the following appointments to the A rts C ommission. All terms
will expire December 31, 2022.
J ohn Harris
A na K ear
A nn Nataili
S uzie Newbury
K ent S prague
D inah R au
I V.AG E ND A M O D I F IC AT I O NS
V.C I T I ZE N INP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
A.P ublic Hearings
1.P ublic Hearing for Modif ication of the City Transportation
I mprovement P rogram (T I P ) (Gaub)
City Council to hold a P ublic Hearing in consideration of the adoption of changes
to the 2020-2025 Transportation I mprovement P rogram
B.Audience P articipation
Thi s i s the place on the agenda where the public is invited to speak to the City
Counci l on any issue. Those wi shi ng to speak are reminded to sign in on the form
provi ded.
C .C orrespondence - (T here is no correspondence for Council review.)
V I .C O UNC IL AD HO C C O M M IT T E E RE P O RT S
Page 1 of 96
C ouncil Ad Hoc C ommittee Chairs may report on the status of their ad hoc Council
C ommittees' progress on assigned tasks and may give their recommendation to the
C ity Council, if any.
1.F inance A d Hoc Committee
2.Council D ias Seating A rrangment A d Hoc Committee
V I I .C O NS E NT AG E ND A
All matters l isted on the Consent Agenda are considered by the City Council to be
routine and wi ll be enacted by one moti on in the form listed.
A.Minutes of the J anuary 6, 2020 R egular C ouncil Meeting
B.C laim Vouchers (T homas)
2019 Vouchers:
C laim voucher list dated J anuary 21st, 2020 which includes voucher numbers 456938
and 456942 through 457131, in the amount of $3,736,214.93 and one wire transfer in
the amount of $588,586.25
2020 Vouchers:
C laim voucher list dated J anuary 21st, 2020 which includes voucher numbers 456939
through voucher 456941 and voucher 457132 through voucher 457195, in the amount
of $1,752.607.98 and one wire transfer in the amount of $636.00
C .P ayroll Vouchers (Thomas)
P ayroll check numbers 538791 through 538828 in the amount of $247,601.23 and
electronic deposit transmissions in the amount of $2,072,021.43 f or a grand total of
$2,319,622.66 for the period covering J anuary 1, 2020 to J anuary 15, 2020
D .P ublic Works Project No. C P 1823 (Gaub)
A pprove C hange Order No. 2 in the amount not to exceed $16,000.00 to Contract No.
19-20 f or work on P roject No. C P 1823 – 2018 Storm Repair and R eplacement
P roject
(RE C O M M E ND E D AC T IO N: M ove to approve the C onsent Agenda.)
V I I I .UNF I NI S HE D B US I NE S S
A.S pecial F ocus A rea Appointments
A pproval of the 2020 S pecial F ocus A rea Chairs and Vice Chair Appointments.
(RE C O M M E ND E D AC T IO N: M ove to approve S pecial F ocus Area C hairs and
Vice Chair Appointments.)
I X.NE W B US INE S S
X .RE S O L UT IO NS
Page 2 of 96
A.R esolution No. 5484 (Gaub)
A R esolution authorizing the Mayor to execute an agreement accepting a grant from the
Washington S tate Transportation I mprovement Board for design and construction of
the 2nd Street S E Preservation P roject
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5484.)
B.R esolution No. 5485 (Gaub)
A R esolution authorizing the Mayor to execute an agreement accepting a grant from the
Washington S tate Transportation I mprovement Board for design and construction of
the M S treet S E Sidewalks P roject
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5485.)
C .R esolution No. 5486 (Gaub)
A R esolution approving and adopting the Modification of the 2020-2025 Transportation
I mprovement Program of the City of Auburn
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5486.)
D .R esolution No. 5487 (Gaub)
A R esolution authorizing the Mayor to execute a F if th Amendment to the Transit
S ervice D irect F inancial Partnership Agreement between the City of Auburn, K ing
C ounty, and P ierce C ounty P ublic Transit Benefit A uthority (P ierce Transit)
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5487.)
E.R esolution No. 5489 (Hinman)
A R esolution relating to an airport lease and authorizing the Mayor to negotiate and
execute an airport office and tie down lease with C lassic Helicopter Corp
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5489.)
F.R esolution No. 5493 (Hinman/C omeau)
A R esolution authorizing the Mayor to negotiate and execute agreements among the
C ity of A uburn, L E X I L L C, and A uburn P rofessional P laza L L C ., related to the
development of property
(RE C O M M E ND E D AC T IO N: M ove to adopt Resolution No. 5493.)
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this ti me the Mayor and City Council may report on significant i tems associated with
their appoi nted positions on federal, state, regional and local organi zations.
A.Fr om the Council
B.Fr om the M ayor
X I I .AD J O URNM E NT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
Page 3 of 96
(http://www.auburnwa.gov), and via e-mail . Complete agenda packets are available for revi ew
at the City Clerk's Office.
Page 4 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Hearing f or Modification of the City Transportation
I mprovement Program (TI P) (Gaub)
Date:
January 13, 2020
Department:
Public Works
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council to hold a public hearing in consideration of the adoption of changes to the 2020-
2025 Transportation I mprovement Program. See Resolution No. 5486 f or f urther action on
this item.
Background Summary:
Previous TI P modif ications were made with annual TIP updates adopted in June 2019 and
October 2019. Since then, changes in available project f unding and the addition of a new
project associated with recent grant awards necessitates additional modifications to meet
obligation requirements of the grants. These changes are summarized below.
SUMM ARY OF PROPOSED AMENDM ENT S T O T HE 2020-2025 T IP
Modifications: The f ollowing existing project is proposed to be revised:
T I P P -3: 2nd Street S E R econstruction ($0.98M) – T he project would reconstruct 2nd
S treet S E between A Street S E and Auburn Way S . T I B grant funding f or the project
was awarded in November 2019.
Additions: The f ollowing project is proposed to be added to the updated TIP:
T I P N-10: M S treet S E Sidewalk I mprovements ($0.67M) – The project would fund the
design and construction of sidewalk improvements along M S treet S E between Auburn
Way S and 8th Street S E. T I B grant funding f or the project was awarded in November
2019.
The date of the public hearing was set by consent on January 6, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Number:PH.1
Page 5 of 96
Page 6 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the January 6, 2020 Regular Council Meeting
Date:
January 15, 2020
Department:
City Council
Attachments:
01-06-2020 Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:January 21, 2020 Item Number:CA.A
Page 7 of 96
City Council Meeting
J anuary 6, 2020 - 7:00 P M
City Hall Council Chambers
MINUT E S
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I .C AL L T O O RD E R
A .P ledge of Allegiance
Mayor Nancy Backus called the meeting to order at 7:00 p.m. in the
Council Chambers of A uburn City Hall, 25 West Main S treet in Auburn and
led those in attendance in the P ledge of A llegiance.
B .Roll Call
Councilmembers present: Deputy Mayor Claude DaCorsi, B ob Baggett,
L arry B rown, J ames J eyaraj, Robyn Mulenga, Chris Stearns and Yolanda
Trout-Manuel.
Mayor Nancy Backus and the following department directors and staff
members were present: City Attorney Kendra Comeau, Director of
Finance J amie Thomas, Director of Human Resources and Risk
Management Candis Martinson, Director of Public Works I ngrid Gaub,
Director of Community Development J eff Tate, Director of P arks, A rts, and
Recreation Daryl F aber, Director of I nnovation and Technology David
Travis, Director of Administration Dana Hinman and City Clerk Shawn
Campbell.
I I .ANNO UNC E M E NT S, P RO C L AM AT IO NS, AND P RE S E NTAT I O NS
Department Directors introduced themselves to Council and shared the
divisions under each department.
I I I .AP P O I NT M E NT S
A .J unior City Council
City Council to confirm the following appointments to the J unior City Council. All terms
will expire A ugust 31, 2021:
K ailee Sin
K elly Oh
Madelyn Nichole Taylor
B riseyda S andate
Page 1 of 5Page 8 of 96
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to appoint K ailee Sin, Kelly Oh, Madelyn Nichole Taylor and
B riseyda S andate to the Auburn J unior City Council with all terms to expire
A ugust 31, 2021.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
I V.AG E ND A M O D I F IC AT I O NS
There were no modifications to the agenda.
V.C IT IZE N I NP UT, P UB L I C HE ARI NG S AND C O RRE S P O ND E NC E
E ach Department Director shared with the Council a brief description of
items managed within their departments.
A .P ublic Hearings - (No public hearing is scheduled for this evening.)
B .Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the form
provided.
K en Holden, 3611 I Street NE , Auburn
Mr. Holden spoke about concerns when using the Reddington Trail.
Waylon Menzia, 719 R S treet NE, A uburn
Thanked Council for appointing the new J unior City Councilmembers.
C.Correspondence
There was no correspondence for Council to review.
V I .C O UNC I L AD HO C C O M M IT T E E RE P O RT S
Council Ad Hoc Committee Chairs may report on the status of their ad hoc Council
Committees' progress on assigned tasks and may give their recommendation to the
City Council, if any.
1.F inance Ad Hoc Committee
Deputy Mayor DaCorsi, Co-Chair of the F inance ad hoc committee,
reported he reviewed the claims and payroll vouchers described on
the Consent Agenda this evening and recommended their approval.
V I I .C O NS E NT AG E ND A
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, 2019 Regular Council Meeting
Page 2 of 5Page 9 of 96
B .Claim Vouchers (Thomas)
2019 Vouchers:
Claim voucher list dated J anuary 6, 2020 which includes voucher numbers 456748
through 456917 in the amount of $1,140,582.38 and seven wire transfers in the amount
of $807,230.92
2020 Vouchers:
Claims voucher list dated J anuary 6, 2020 which include voucher numbers 456918
through 456937 in the amount of $347,458.51 and one wire transfer in the amount of
$15,912.22
C.P ayroll Vouchers (T homas)
P ayroll check numbers 538774 through 538790 in the amount of $590,284.76,
electronic deposit transmissions in the amount of $2,008,536.03 for a grand total of
$2,598,820.79 for the period covering December 12, 2019 to December 31, 2019
D.P ublic Works P roject No. C P 1807 (Gaub)
City Council to award Contract No. 19-04, to Northwest Cascade, I nc. on their total low
bid of $787,843.10 for Project No. C P1807, Water Meter Vaults and L ids
Replacement
E .P ublic Works P roject No. C P 1917 (Gaub)
City Council to award Contract No. 19-10, to Nordvind Sewer Service, L L C on their
total low bid of $373,724.04 for P roject No. C P 1917, Deduct Meter Replacement,
P hase 1
F.S etting the date of the Public Hearing for Modification of the
City Transportation I mprovement P rogram (T I P) (Gaub)
City Council to set the date of the Public Hearing to Modify the Adopted 2020-2025
Transportation I mprovement P rogram (T I P)
Deputy Mayor DaCorsi moved and Councilmember B aggett seconded to
approve the consent agenda.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
V I I I .UNF INIS HE D B US I NE S S
There was no unfinished business.
I X.NE W B US I NE S S
A .Confirmation of Deputy Mayor
City Council to confirm the selection of Councilmember Claude DaCorsi as Deputy
Mayor
Councilmember B rown moved and Councilmember J eyaraj seconded to
confirm the appointment of Councilmember DaCorsi as the Deputy Mayor.
Page 3 of 5Page 10 of 96
B .A d Hoc Committee for City Council S eating
S election of A d Hoc Committee for the seating assignments for City Council Meetings
Deputy Mayor DaCorsi appointed Councilmember Trout-Mauel,
Councilmember B aggett and himself to the Council Seating ad hoc
committee.
C.Finance A d Hoc Committee
S election of F inance Ad Hoc Committee
Deputy Mayor DaCorsi selected Councilmember Baggett and
Councilmember S terns to staff the F inance ad hoc Committee.
X .RE S O L UT IO NS
A .Resolution No. 5488 (Travis)
A Resolution authorizing the Mayor to negotiate and execute agreements between the
City of Auburn, S HI I nternational Corporation and A rea E lectronics S ystems, I nc. for
network infrastructure services
Deputy Mayor DaCorsi moved and Councilmember Trout-Manuel
seconded to adopt Resolution No. 5488.
MO T I O N C A R R I E D UNA NI MO US LY. 7-0
X I .M AY O R AND C O UNC I L M E M B E R RE P O RT S
At this time the Mayor and City Council may report on significant items associated with
their appointed positions on federal, state, regional and local organizations.
A .From the Council
Deputy Mayor DaCorsi reported he attended a Federal L egislative
Committee Meeting for the A ssociation of Washington Cities.
Councilmember B rown reported he is working on bringing games for the
2026 World Cup to the S tate of Washington.
Councilmember Trout-Manuel shared her pleasure with the diversity of the
Council.
B .From the M ayor
Mayor Backus shared the work of the local non-profits over the holidays,
she attended the Ribbon Cutting for the Pacific B allroom Dance studio and
Congresswoman Kim S hrier's Town Hall meeting.
Page 4 of 5Page 11 of 96
X I I .AD J O URNM E NT
There being no further business to come before the Council, the meeting
was adjourned at 7:28 p.m.
A P P R O V E D this 21st day of J anuary, 2020.
_____________________________ ____________________________
NA NC Y B A C K US, MAYO R Shawn Campbell, City Clerk
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.
Page 5 of 5Page 12 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Claim Vouchers (Thomas)
Date:
January 16, 2020
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Claim Vouchers
Background Summary:
2019 Vouchers:
Claim voucher list dated January 21st, 2020 which includes voucher numbers 456938 and
456942 through 457131, in the amount of $3,736,214.93 and one wire transf er in the amount
of $588,586.25.
2020 Vouchers:
Claim voucher list dated January 21st, 2020 which includes voucher numbers 456939 through
voucher 456941 and voucher 457132 through voucher 457195, in the amount of
$1,752.607.98 and one wire transfer in the amount of $636.00.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:January 21, 2020 Item Numb er:CA.B
Page 13 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Payroll Vouchers (Thomas)
Date:
January 16, 2020
Department:
City Council
Attachments:
No Attachments Av ailable
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Approve Payroll Vouchers
Background Summary:
Payroll check numbers 538791 through 538828 in the amount of $247,601.23 and electronic
deposit transmissions in the amount of $2,072,021.43 f or a grand total of $2,319,622.66 for
the period covering January 1, 2020 to January 15, 2020.
Rev iewed by Council Committees:
Councilmember:Staff:Thomas
Meeting Date:January 21, 2020 Item Numb er:CA.C
Page 14 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Public Works Project No. CP1823 (Gaub)
Date:
January 14, 2020
Department:
Public Works
Attachments:
Vicinity Map
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council approve Change Order No. 2 in the amount not to exceed $16,000.00 to
Contract No. 19-20 f or work on Project No. CP1823 2018 Storm Repair and Replacement
Project.
Background Summary:
The purpose of this project is to replace aging storm drainage infrastructure and provide
improvements to the existing system at various locations around the City of Auburn.
Change order #2 will authorize additional contract f unds to address unexpected private utility
conflicts and tree removals at Site 2 - S 288th Street and 55th Avenue S. These conflicts
were not originally identified during design and the added costs would exceed the contract
amount and construction contingency as authorized in Auburn City Code 3.10.026. I f this
work was not addressed, the storm drainage inf rastructure at this site would not connect to
the infiltration f acility that was constructed as part of this project and would likely result in
localized f looding.
This change order increases the estimated total project cost to approximately $969,785.00,
which is $137,215.00 less than the adopted project budget in the 462 Storm Utility Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Number:CA.D
Page 15 of 96
Page 16 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Special Focus Area Appointments
Date:
January 16, 2020
Department:
Administration
Attachments:
Speical Focus Areas
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:January 21, 2020 Item Number:UB.A
Page 17 of 96
SPECIAL FOCUS AREAS COMMUNITY WELLNESS FINANCE TECHNOLOGY & ECONOMIC DEVELOPMENT PUBLIC WORKS & COMMUNITY DEVELOPMENT MUNICIPAL SERVICES PUBLIC HEALTH AND WELLNESS COMMUNITY & NEIGHBORHOOD SERVICES HOMELESSNESS & HOMELESSNESS PREVENTION HOUSING QUALITY, AFFORDABILITY & ATTAINABILITY HUMAN & SOCIAL SERVICES DOMESTIC VIOLENCE SERVICES COMMUNITY EQUITY EQUIPMENT RENTAL FACILITIES INNOVATION & TECHNOLOGY CITY REAL PROPERTY BUSINESS DEVELOPMENT SISTER CITIES INTERNATIONAL UTILITIES TRANSPORTATION SUSTAINABILITY ENVIRONMENTAL PROTECTION CULTURAL ARTS & PUBLIC ARTS PLANNING & ZONING PERMITS & DEVELOPMENT RIGHT OF WAY MANAGEMENT AIRPORT AIRPORT BUSINESS POLICE SCORE JAIL DISTRICT COURT PARKS & RECREATION ANIMAL CONTROL SOLID WASTE ENERGENCY PLANNING MULTIMEDIA CEMETERY Councilmember Trout-Manuel, Chair Councilmember Baggett, Chair Councilmember Brown, Chair Councilmember Stearns, Chair Councilmember Mulenga, Vice Chair Councilmember DaCorsi, Vice Chair Councilmember Stearns, Vice Chair CouncilmemberJeyaraj, Vice Chair 2020 MEETING DATES 2020 MEETING DATES 2020 MEETING DATES 2020 MEETING DATES March 9, 2020 January 27, 2020 February 10, 2020 February 24, 2020 May 11, 2020 March 23, 2020 April 13, 2020 April 27, 2020 July 13, 2020 May 26, 2020 June 8, 2020 June 22, 2020 September 14, 2020 July 27, 2020 August 10, 2020 August 24, 2020 November 9, 2020 September 28, 2020 October 13, 2020 October 26, 2020 November 23, 2020 December 14, 2020 December 28, 2020 Page 18 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5484 (Gaub)
Date:
January 14, 2020
Department:
Public Works
Attachments:
Res olution No. 5484
Vicinity Map
Budget Impact:
$393,502.00
Administrativ e Recommendation:
City Council adopt Resolution No. 5484.
Background Summary:
Resolution No. 5484 authorizes the Mayor to accept a state grant f rom the W ashington State
Transportation Improvement Board (TIB) in the amount of $590,253.00 to f inance the design
and construction of the 2nd Street SE Preservation Project. This resolution was discussed at
the Council study session on January 13th, 2020.
This project will reconstruct 2nd Street SE between A Street SE and Auburn W ay S. The
reconstruction will utilize full depth reclamation techniques. The project will also remove fixed
objects within the clear zone, remove barriers to ADA access, and install new LED street
lighting.
I t is anticipated that this project will begin construction in late summer of 2021.
The estimated City match required to fully fund the project is $393,502.00, of which
$50,000.00 is available in the adopted 2020 budget f rom the Arterial Street Preservation
Program (105 Arterial Street Preservation Fund, Project P-1) and is suf f icient for the planned
work in 2020. The remaining required match f unding for 2021 will be requested as part of the
2021-2022 budget f rom the 105 Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Numb er:RES.A
Page 19 of 96
-----------------------------
Resolution No. 5484
December 12, 2019
Page 1
RESOLUTION NO. 5484
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT ACCEPTING A
GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR
DESIGN AND CONSTRUCTION OF THE 2nd STREET SE
PRESERVATION PROJECT
WHEREAS, the City of Auburn’s adopted Transportation Improvement Plan
includes the 2nd Street SE Preservation project (Project) that will reconstruct 2nd Street
SE from A Street SE to Auburn Way South; and
WHEREAS, the City received a grant in the amount of $590,253 from the
Washington State Transportation Improvement Board (TIB) to assist in the design and
construction of the Project; and
WHEREAS, an estimated $395,000 is needed from the City to fully fund the project;
and
WHEREAS, a portion of the required City funding is available in the approved City
budget (approximately $50,000 from the Arterial Street Preservation Program) and the
remaining required funds of an estimated $345,000 will be requested in the 2021 – 2022
budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute a grant agreement with the
Washington State Transportation Improvement Board for $590,253 or any other amount
Page 20 of 96
-----------------------------
Resolution No. 5484
December 12, 2019
Page 2
authorized by the Board for the 2nd Street SE Preservation Project as long as matching
funds are available.
Section 2. The Mayor is authorized to enter into agreements to spend the grant
funds for the Project, and to implement other administrative procedures necessary to
carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force on passage
and signatures.
Dated and Signed this _____ day of ______________, 2020.
CITY OF AUBURN
___________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
___________________________
Kendra R. Comeau, City Attorney
Page 21 of 96
666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet666.7333.30
1:4,000
2nd Street SE Preservation
1in =333 ft
8/2/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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. Page 22 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5485 (Gaub)
Date:
January 14, 2020
Department:
Public Works
Attachments:
Res olution No. 5485
Vicinity Map
Budget Impact:
$224,552.00
Administrativ e Recommendation:
City Council adopt Resolution No. 5485.
Background Summary:
Resolution No. 5485 authorizes the Mayor to accept a state grant f rom the W ashington State
Transportation Improvement Board (TIB) in the amount of $450,000.00 to f inance the design
and construction of the M Street SE Sidewalks Project. This resolution was discussed at the
Council study session on January 13th, 2020.
The project will design and construct sidewalks along the M Street SE corridor between
Auburn Way S and 8th Street SE. The project will complete the missing sections of sidewalk
along the west side of M Street SE between Auburn Way S and 8th Street SE and on the
east side of M Street SE between Auburn W ay S and 12th Street SE. The project will
construct approximately 2,000 linear f eet of new sidewalk to match adjacent widths. The
project will also construct ADA compliant curb ramps, relocate existing utility poles and
overhead signage to provide ADA access.
I t is anticipated that this project will begin construction in late summer of 2021.
The estimated City match required to fully fund the project is $224,552.00, of which
$25,000.00 is available in the adopted 2020 budget f rom the Pedestrian Safety and
Accessibility Program (102 Arterial Street Fund, Project N-1) and is sufficient f or the planned
work in 2020. The remaining required match amount for 2021 will be requested as part of the
2021-2022 budget f rom the 102 Fund.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Numb er:RES.B
Page 23 of 96
Page 24 of 96
-----------------------------
Resolution No. 5485
December 12, 2019
Page 1
RESOLUTION NO. 5485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT ACCEPTING A
GRANT FROM THE WASHINGTON STATE
TRANSPORTATION IMPROVEMENT BOARD FOR
DESIGN AND CONSTRUCTION OF THE M STREET SE
SIDEWALKS PROJECT
WHEREAS, the City of Auburn’s adopted Comprehensive Transportation Plan
establishes policies to build the City’s non-motorized transportation system to enhance
and encourage pedestrian travel in Auburn; and
WHEREAS, M Street SE between 8th Street SE and Auburn Way South has
sections without sidewalks to support pedestrians; and
WHEREAS, the City received a grant in the amount of $450,000 from the
Washington State Transportation Improvement Board (TIB) to assist in the design and
construction of the M Street SE Sidewalk Project (Project), which will enhance and
encourage pedestrian travel on M Street SE; and
WHEREAS, an estimated $225,000 is needed from the City to fully fund the project;
and
WHEREAS, a portion of the required City funding is available in the approved City
budget (approximately $25,000 from the Citywide Pedestrian Accessibility and Safety
Program) and the remaining required funds of an estimated $200,000 will be requested
in the 2021 – 2022 budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 25 of 96
-----------------------------
Resolution No. 5485
December 12, 2019
Page 2
Section 1. The Mayor is authorized to negotiate and execute a grant agreement
with the Washington State Transportation Improvement Board for $450,000 or any other
amount authorized by the Board for the Project as long as matching funds are available.
Section 2. The Mayor is authorized to enter into agreements to spend the grant
funds for the Project and to implement other administrative procedures necessary to carry
out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force on passage and
signatures.
Dated and Signed this _____ day of ______________, 2020.
CITY OF AUBURN
___________________________________
NANCY BACKUS, MAYOR
ATTEST:
___________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
___________________________
Kendra R. Comeau, City Attorney
Page 26 of 96
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
TIP# N-10 - M Street SE Sidewalk Improvements 12/18/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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.
Page 27 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5486 (Gaub)
Date:
January 13, 2020
Department:
Public Works
Attachments:
Res olution No. 5486
Exhibit A
Vicinity Maps
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5486.
Background Summary:
Resolution No. 5486 authorizes the City Council to adopt modifications to the 2020-2025
Transportation Improvement Program.
Previous TI P modif ications were made with the annual TI P updates adopted in June 2019
and October 2019. Since then, changes in available project funding and the addition of a new
project associated with recent grant awards necessitates additional modif ications in order to
meet obligation requirements of the grants.
SUMM ARY OF PROPOSED AMENDM ENT S T O T HE 2020-2025 T IP
Modifications: The f ollowing existing project is proposed to be revised:
T I P P -3: 2nd Street S E R econstruction ($0.98M) – T he project would reconstruct 2nd
S treet S E between A Street S E and Auburn Way S . T I B grant funding f or the project
was awarded in November 2019.
Additions: The f ollowing project is proposed to be added to the updated TIP:
T I P N-10: M S treet S E Sidewalk I mprovements ($0.67M) – The project would fund the
design and construction of sidewalk improvements along M S treet S E between Auburn
Way S and 8th Street S E. T I B grant funding f or the project was awarded in November
2019.
A public hearing for the TI P was set by consent agenda at the January 6, 2020 Council
Meeting. The hearing is scheduled to be held at the January 21, 2020 Council Meeting in
advance of the adoption of this resolution.
Rev iewed by Council Committees:
Page 28 of 96
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Numb er:RES.C
Page 29 of 96
Resolution No. 5486 January 21, 2020 Page 1
RESOLUTION NO. 5486
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND ADOPTING THE
MODIFICATION OF THE 2020-2025 TRANSPORTATION
IMPROVEMENT PROGRAM OF THE CITY OF AUBURN
WHEREAS, RCW 35.77.010 requires that the legislative body of each City
prepare and adopt a comprehensive Transportation Improvement Program for
the ensuing six years, but only after conducting a public hearing; and
WHEREAS, a public hearing to review the 2020-2025 Transportation
Improvement Program for the City of Auburn was held on January 21, 2020 at
the hour of 7:00 p.m. in the Council Chambers of the Auburn City Hall, pursuant
to notice published in the legal newspaper of the City of Auburn on January 9,
2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The modifications to the 2020-2025 comprehensive
Transportation Improvement Program are adopted, which will be in substantial
conformity with the attached Exhibit “A.”
Section 2. The Mayor is 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 on
passage and signatures.
Page 30 of 96
Resolution No. 5486 January 21, 2020 Page 2
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
__________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 31 of 96
Six Year Transportation Improvement PlanARTERIAL PRESERVATION FUND (105)Project Title: 2nd Street SE PreservationSTIP# AUB-N/AProject No:TBDProject Type:PreservationProject Manager:TBDLOS Corridor ID# N/AActivity:2019 YEFunding Sources: Prior to 2019 Estimate 2020 2021 2022 2023 2024 2025 Beyond 2025 Total Project CostArterial Preservation Fund- - 46,000 347,502 - - - - - 393,502 Secured Grant- - 69,000 521,253 - - - - - 590,253 Other - - - - - - - - - - Total Funding Sources: - - 115,000 868,755 - - - - - 983,755 Capital Expenditures:Design- - 115,000 - - - - - - 115,000 Right of Way- - - - - - - - - - Construction- - - 868,755 - - - - - 868,755 Total Expenditures: - - 115,000 868,755 - - - - - 983,755 TIP# P-3Description:This project will reconstruct 2nd Street SE between A Street SE and Auburn Way S. The reconstruction will utilize full depth reclamation techniques. The project will also remove fixed objects within the clear zone, remove barriers to ADA access, and install new LED street lighting.Progress Summary:Grant funding for this project was awarded by TIB in 2019. The design phase will be started in 2020 and construction completed during 2021.Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost1Page 32 of 96
Six Year Transportation Improvement PlanARTERIAL STREET FUND (102)Project Title: M Street SE Sidewalk ImprovementsSTIP# AUB-N/AProject No:TBDProject Type:Non-MotorizedProject Manager:TBDLOS Corridor ID# N/AActivity:2019 YEFunding Sources:Prior to 2019Estimate202020212022202320242025Beyond 2025Total Project CostUnrestricted Street Revenue- - 14,980 209,562 - - - - - 224,542 Secured Grant- - 30,020 419,980 - - - - - 450,000 Traffic Impact Fees- - - - - - - - - - Other- - - - - - - - - - Total Funding Sources: - - 45,000 629,542 - - - - - 674,542 Capital Expenditures:Design- - 45,000 - - - - - - 45,000 Right of Way- - - - - - - - - - Construction- - - 629,542 - - - - - 629,542 Total Expenditures: - - 45,000 629,542 - - - - - 674,542 TIP# N-10Description:The project will design and construct sidewalks along the M Street SE corridor between Auburn Way S and 8th Street SE. The project will complete the missing sections of sidewalk along the west side of M Street SE between Auburn Way S and 8th Street SE, and will complete the missing segments of sidewalk along the east side between Auburn Way S and 12th Street SE. The project will construct approximately 2,000 linear feet of new sidewalk to match adjacent widths. The project will also construct ADA compliant curb ramps, relocate existing utility poles and overhead signage to provide ADA access. Progress Summary:Grant funding for the project was awarded by TIB in 2019. The design phase will be started in 2020 and construction completed during 2021.Future Impact on Operating Budget:This project will have no impact on the operating budget for street maintenance.BudgetForecast Project Cost1Page 33 of 96
666.7
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet666.7333.30
1:4,000
TIP# P-3 - 2nd Street SE Preservation
1in =333 ft
10/14/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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. Page 34 of 96
1,333.3
NAD_1983_StatePlane_Washington_North_FIPS_4601_Feet
Feet1,333.3666.70
TIP# N-10 - M Street SE Sidewalk Improvements 12/18/2019Printed Date:
Map Created by City of Auburn eGIS
Imagery Date: May 2015
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.
Page 35 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5487 (Gaub)
Date:
January 14, 2020
Department:
Public Works
Attachments:
Res olution No. 5487
Exhibit A
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5487.
Background Summary:
Resolution No. 5487 authorizes the Mayor to execute a 5th Amendment to the Transit Service
Direct Financial Partnership Agreement between the City of Auburn, King County and the
Pierce County Transit Benef it Authority (Pierce Transit) that established the Route 497
service. The Route 497 service provides a transit connection between Lakeland Hills and the
Auburn Station. The current agreement expires in February 2019 and the amendment will
extend the agreement term until September 2020. City staff continue to work with King
County and Pierce Transit to complete a new agreement that would continue the Route 497
service beyond September 2020.
The proposed cost to the City of Auburn f or this service is $118,262.43 and is within the
adopted 2020 budget for the 102 Arterial Street Fund. This route serves over 80,000 riders
per year and has an average of 330 weekday boardings.
Resolution was discussed at the January 13, 2020 Council study session.
Rev iewed by Council Committees:
Councilmember:Staff:Gaub
Meeting Date:January 21, 2020 Item Numb er:RES.D
Page 36 of 96
--------------------------------------
Resolution No. 5487
12/26/2019
Page 1 of 3
RESOLUTION NO. 5487
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE A FIFTH AMENDMENT
TO THE TRANSIT SERVICE DIRECT FINANCIAL
PARTNERSHIP AGREEMENT BETWEEN THE CITY
OF AUBURN, KING COUNTY, AND PIERCE
COUNTY PUBLIC TRANSIT BENEFIT AUTHORITY
(PIERCE TRANSIT)
WHEREAS, on December 22, 2008 the City of Auburn, King County, and
Pierce County Public Transit Benefit Authority (collectively referred to as the
“Parties”) entered into a Transit Service Direct Financial Partnership Agreement
(the “Agreement”) to provide the Lakeland Hills-Auburn Sounder Station route
(“Route 497”); and
WHEREAS, The agreement has been amended three times to extend
the service beyond the expiration date in the original agreement and once to
add additional service stops; and
WHEREAS, the third amendment extended service until February 9,
2020; and
WHEREAS, there is a continued need to provide the Route 497 service
to alleviate parking issues in downtown Auburn and traffic congestion on roads
between the Lakeland Hills neighborhood and the Auburn Sounder Station; and
WHEREAS, the Parties desire to continue the Route 497 service; and
Page 37 of 96
--------------------------------------
Resolution No. 5487
12/26/2019
Page 2 of 3
WHEREAS, King County does not desire to extend the agreement term
beyond September 2020 because the funding program King County has utilized
to provide its contribution to the 497 Route expires in September 2020; and
WHEREAS, there is an understanding between the Parties that they will
work together to prepare another amendment or new agreement that addresses
the King County funding issue to allow the Route 497 agreement to continue
beyond September 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. That the Mayor is authorized to execute a 5th amendment
to the Transit Service Direct Financial Partnership Agreement between the City
of Auburn and King County, which amendment shall be in substantial
conformity with the amendment attached as Exhibit “A”.
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 on
passage and signatures.
Page 38 of 96
--------------------------------------
Resolution No. 5487
12/26/2019
Page 3 of 3
Dated and Signed this _____ day of _________________, 2020.
CITY OF AUBURN
________________________________
NANCY BACKUS, MAYOR
ATTEST:
_________________________
Shawn Campbell, City Clerk
APPROVED AS TO FORM:
_________________________
Kendra R. Comeau, City Attorney
Page 39 of 96
_________________________________________________________________________
AMENDMENT NO. 5 to the Transit Service Direct Financial Partnership Agreement
between King County, City of Auburn and Pierce Transit
Page 1 of 4
AMENDMENT No. 5
to the
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
between
KING COUNTY
and
THE CITY OF AUBURN, WASHINGTON
and
PIERCE TRANSIT
This Amendment No. 5 to the Transit Service Direct Financial Partnership Agreement
("Amendment No. 5" or the " Third Amendment") is made by and between King County, a
home rule charter county of the State of Washington, by and through its Metro Transit
Department (hereinafter the “County” or “Metro Transit”) and the City of Auburn (the “City”)
and the Pierce County Public Transportation Benefit Authority (“Pierce Transit”), both
Washington municipal corporations (referred to collectively as “Service Partner,” whether one
entity or multiple entities), all of which entities may be referred to hereinafter separately as
“Party” or together as “Parties.”
WHEREAS, on December 22, 2008 the Parties entered into a Transit Service Direct Financial
Partnership Agreement (the “Agreement”); and
WHEREAS, Section 4.1 of the Agreement provides that each service specified in Attachment
A to the Agreement will expire five (5) years after the start of service , unless extended
pursuant to the terms of the Agreement; and
WHEREAS, Section 4.1 of the Agreement further provides that if, after five (5) years the
enhanced transit service described in Section 1 of Attachment A to the Agreement is deemed
viable by the County pursuant to the performance indicators set forth in Section 2.2 of the
Agreement and the additional performance benchmarks specified in Attachment A of the
Agreement, and the Parties desire to have Pierce Transit continue to provide the enhanced
transit service beyond the initial period, the Agreement may be extended by the Parties; and
WHEREAS, the transit service enhancements provided for in Part I of Attachment A in the
Agreement were implemented on or about February 9, 2010; and
WHEREAS, in December 2014 the Parties extended the Agreement to provide the enhanced
transit service described in Part I of Attachment A (i.e., Lakeland Hills-Auburn Sounder
Station route) until March 12, 2016, during which the Parties agreed to evaluate whether or not
to extend the Agreement again consistent with the provisions of Section 4.1 of the Agreement;
and
WHEREAS, in January 2016 the Parties extended the Agreement to provide the enhanced
transit service described in Part I of Attachment A (i.e., Lakeland Hills-Auburn Sounder
Resolution 5487 - Exhibit A
Page 40 of 96
_________________________________________________________________________
AMENDMENT NO. 5 to the Transit Service Direct Financial Partnership Agreement
between King County, City of Auburn and Pierce Transit
Page 2 of 4
Station route) until February 9, 2020, and adjusted the monetary contributions of the Parties to
reflect increases to Pierce Transit’s operating and capital costs for providing Route 497; and
WHEREAS, in January 2018 the Parties agreed to implement additional trips on the Route 497
and adjust the monetary contributions for each Party accordingly; and
WHEREAS, Section 8 of the Agreement provides that the Agreement may be amended or
modified by written agreement of the Parties, and further provides that such amendments and
modifications may be made for the County by Metro’s General Manager when such
amendments are consistent with the intent and purpose of the Agreement; and
WHEREAS, the Parties agree that the performance indicators set forth in the agreement for
Route 497 have been met; and
WHEREAS, the Parties desire to continue the Route 497 partnership service; and
WHEREAS, the King County Transit Now agreement utilized by the County to fund its share
of this Route 497 partnership will reach the end of its10-year term in September 2020; and
WHEREAS, there is an understanding between the Parties that they will work together to
determine the appropriate contracting mechanism for continuing the Route 497 partnership
beyond September 2020;
NOW, THEREFORE, in consideration of the terms, conditions and mutual covenants set forth
herein, the Parties agree to amend the Agreement as follows:
1. Extension of Term of Agreement
As provided for in Section 4.1, the enhanced transit service described in Part I of
Attachment A (Lakeland Hills Service) in the Agreement is extended until September
30, 2020.
2. Lakeland Hill Service Cost
Operating Cost:
The operating cost for the Lakeland Hills service (Rt. 497) beginning on February 10,
2020 will be based on Pierce Transit’s hourly rate of $102.97.
Capital Cost:
In addition to the operating costs, the Parties agree to pay for Pierce Transit’s capital
costs associated with the Lakeland Hills service. The total capital cost for this
extension period from February 2020 to September 2020 is $56,853.89.
Monetary Contributions:
Resolution 5487 - Exhibit A
Page 41 of 96
_________________________________________________________________________
AMENDMENT NO. 5 to the Transit Service Direct Financial Partnership Agreement
between King County, City of Auburn and Pierce Transit
Page 3 of 4
The Parties agree that beginning February 10, 2020 and through the term of this
extension, the costs for continuing to provide nine (9) weekday AM northbound and
nine (9) weekday PM southbound trips on the Lakeland Hills service (Route 497) will
be divided equally between the three parties, King County, City of Auburn and Pierce
Transit.
The total Service costs for this extension period are estimated below. The Parties will
each be responsible for one-third (1/3) of the total costs.
Feb 2020 – Sept 2020 Operating Cost
($102.97/hr x 2,893.4 hrs.)
Capital Cost
TOTAL COST
AUBURN $99,311.13 $18,951.30 $118,262,43
KING COUNTY $99,311.13 $18,951.30 $118,262,43
PIERCE TRANSIT $99,311.13 $18,951.30 $118,262.43
TOTAL: $297,933.39 $56,853.90 $354,787.29
3. No Other Modifications.
Except as specifically provided for in this Amendment No. 5, all other provisions of the
Agreement shall remain unchanged and in full force and effect.
4. Effective Date.
This Amendment No. 5 shall be effective upon execution by the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives
to execute this Amendment No. 5 to the Agreement as of the date set forth below their
signatures.
Resolution 5487 - Exhibit A
Page 42 of 96
_________________________________________________________________________
AMENDMENT NO. 5 to the Transit Service Direct Financial Partnership Agreement
between King County, City of Auburn and Pierce Transit
Page 4 of 4
KING COUNTY CITY OF AUBURN
By: ___________________________________ By: ____________________________
Rob Gannon Nancy Backus
General Manager, Metro Transit Department Mayor
City of Auburn
Date:__________________________________ Date: ___________________________
PIERCE TRANSIT
By: ____________________________________
Sue Dreier
Chief Executive Officer
Pierce Transit
Date: __________________________________
Resolution 5487 - Exhibit A
Page 43 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5489 (Hinman)
Date:
January 15, 2020
Department:
Administration
Attachments:
RES 5489 - Clas s ic Helicopter Corp Leas e
Term Sheet with Premis es
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5489.
Background Summary:
Classic Helicopter Corp. was an existing tenant on the Auburn Municipal Airport between
June of 2016 and December 2019. Toward the end of Classic Helicopter’s previous Auburn
Airport term, Classic Helicopter was sold. The new owner wishes to maintain a presence on
the Auburn Airport.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman
Meeting Date:January 21, 2020 Item Numb er:RES.E
Page 44 of 96
--------------------------------
Resolution No. 5489
January 13, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5489
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO AN AIRPORT
LEASE AND AUTHORIZING THE MAYOR TO NEGOTIATE
AND EXECUTE AN AIRPORT OFFICE AND TIE DOWN
LEASE WITH CLASSIC HELICOPTER CORP.
WHEREAS, The Auburn municipal airport has office space and aircraft tie downs
available for lease to private airport-related businesses; and
WHEREAS, Classic Helicopter Corp is interested in leasing such office and tie
down space for their aircraft rental, flight instruction and scenic tours business; and
WHEREAS, the public, and airport customers benefit from having Skyline Leasing
LLC located on the airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to negotiate and execute a lease between
the City of Auburn and Classic Helicopter Corp., in substantial conformity with the
attached “Term Sheet”.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Page 45 of 96
--------------------------------
Resolution No. 5489
January 13, 2020
Page 2 of 2 Rev. 2019
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra Comeau, City Attorney
Page 46 of 96
Page 47 of 96
Page 48 of 96
Page 49 of 96
Page 50 of 96
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 5493 (Hinman/Comeau)
Date:
January 15, 2020
Department:
Administration
Attachments:
Res olution No. 5493
Exhibit A
Staff memo for amendments
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
City Council adopt Resolution No. 5493.
Background Summary:
Currently, Auburn owns the “Mel’s Lot” at 1st NW & A Street. Part of the property is used as a
parking lot f or Auburn employees. The other part is leased to Multicare f or their parking. The
lot fulfills the parking requirement for the portion of the annex building that the city owns.
These parking stalls are protected by a “Parking Access Easement” that was created when
the annex building was built. W hen the city purchased the Mel’s Lot, it entered into a
Development Rights Agreement with the prior owner, APP LLC. In 2019, the owner of those
rights, now Lexi LLC, exercised its option under the 2010 Development Rights Agreement to
regain title to the lot. The agreement requires the city to reconvey the lot to Lexi LLC upon
that company meeting several criteria. Lexi LLC has since met those criteria, one of which
was obtaining city approval of development applications for development of the lot. I n
response, Lexi LLC has proposed changes to the Development Rights Agreement to reflect
the conveyance of the lot and the new relationship between the city and Lexi LLC. The firm
has also proposed corresponding amendments to the Parking Easement Agreement. As part
of the conveyance of Mel’s lot to Lexi LCC, the company will release some of their permit
applications and application appeals that were made extraneous when the firm decided
against providing substitute parking on other lots and rather chose to keep the parking spots
on the Mel’s Lot.
Rev iewed by Council Committees:
Councilmember:Staff:Hinman/Comeau
Meeting Date:January 21, 2020 Item Number:RES.F
Page 51 of 96
--------------------------------
Resolution No. 5493
January 15, 2020
Page 1 of 2 Rev. 2019
RESOLUTION NO. 5493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO
NEGOTIATE AND EXECUTE AGREEMENTS AMONG THE
CITY OF AUBURN, LEXI LLC, AND AUBURN
PROFESSIONAL PLAZA LLC RELATED TO THE
DEVELOPMENT OF PROPERTY
WHEREAS, in 2009-2010 the City entered into an agreement with Auburn
Professional Plaza, LLC (“APP”) under which APP would construct an office building
across the street from City Hall called the One Main Plaza building, a portion of which
would be used by the City as office space commonly referred to as the City Hall Annex
(“Annex”); and,
WHEREAS, parking for the Annex was located off-site in what is commonly
referred to as the “Mel’s Lot” located at A St. NW and 1st St. NW; and,
WHEREAS, in February 2010, the City adopted Resolution 4574, authorizing the
Mayor to enter into a Development Rights Agreement with APP that allowed APP to
develop the Mel’s Lot, and to take title to the property, as long as it replaced the Annex
parking; and,
WHEREAS, Lexi LLC (“Lexi”), as successor to APP, has met the conditions in the
Development Rights Agreement that require the City to convey to Lexi fee title of the
property on which the City’s parking is located; and,
WHEREAS, the Development Rights Agreement requires the parties to amend
documents related to the parking in order to effect the changed circumstances.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Page 52 of 96
--------------------------------
Resolution No. 5493
January 15, 2020
Page 2 of 2 Rev. 2019
Section 1. The Mayor is authorized to negotiate and execute agreements
among the City of Auburn, Lexi LLC, and Auburn Professional Plaza, LLC, in substantial
conformity with the agreements attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed:
CITY OF AUBURN
____________________________
NANCY BACKUS, MAYOR
ATTEST:
____________________________
Shawn Campbell, MMC, City Clerk
APPROVED AS TO FORM:
____________________________
Kendra R. Comeau, City Attorney
Page 53 of 96
1
AFTER RECORDING RETURN TO:
Lexi, LLC
c/o Michael John Klein, CPA
30300 Agoura Road, Ste. 270
Agoura Hills, CA 91301
AMENDED AND RESTATED DEVELOPMENT RIGHTS AGREEMENT
Grantor: CITY OF AUBURN, and
AUBURN PROFESSIONAL PLAZA, LLC, a Washington
limited liability company
Grantee: LEXI, LLC, a Washington limited liability company
Legal Description: Parcel A of City of Auburn Declaration of Lot Combination
BLA 19-0005, recorded May 9, 2019 under King County
recording number 20190509000812, also known as Block 7,
Map of L.W. Ballard’s Park Addition to Slaughter, according
to the Plat Thereof recorded in Volume 3 of Plats, Page 91,
records of King County, Washington; together with the
vacated West 10 feet of Silver Street (now “A” Street NW)
adjoining, except that portion conveyed to the City of
Auburn by Deed recorded November 18, 2009 under King
County recording number 20091118001497.
Tax Parcel Nos.: 0492000460, 0492000461 and 0492000463
Related Documents: 20100514000044
Page 54 of 96
2
AMENDED AND RESTATED
DEVELOPMENT RIGHTS AGREEMENT
This AMENDED AND RESTATED DEVELOPMENT RIGHTS AGREEMENT
(“Agreement”) is entered into as of January ___, 2020, by and between THE CITY OF
AUBURN, a code city of the state of Washington (“City”), AUBURN PROFESSIONAL
PLAZA, LLC, a Washington limited liability company (“APP”), and LEXI, LLC, a
Washington limited liability company (“Lexi”), with reference to the following facts:
INTRODUCTION
I. On May 14, 2010, a Development Rights Agreement was entered into by and
between the City, as Grantor, and APP, as Grantee, which Development Rights Agreement
was recorded under King County recording number 20100514000044 (“Original DRA”).
II. On January 31, 2019, APP assigned all of its right, title, powers and interest as
Grantee under the Original DRA to Lexi, as reflected in the Assignment of Grantee’s
Interest in Development Rights Agreement recorded under King County recording number
20190131000785.
III. On February 1, 2019, a Memorandum of Exercise of Grantee’s Rights Pursuant to
Development Rights Agreement was recorded under King County, Washington recording
number 201902013000726.
IV. Notwithstanding its assignment referenced in Introduction II, APP retained rights as
a Condo Unit Owner in the APP Parking Spaces.
V. The City, APP and Lexi wish to amend the Original DRA and restate it, with
changes, in its entirety.
RECITALS
A. A Parking Easement Agreement was entered into as of November 17, 2009 by and
between APP, as Grantor, and APP, as Grantee, and recorded under King County,
Washington recording number 20091118001355 (“PEA”).
B. The PEA granted to APP an easement and right to use one hundred twenty (120)
automobile parking spaces (the “Parking Spaces”) on the “Grantor Property,” commonly
referred to as the Mel’s Property. The Mel’s Property is now legally described as Parcel A
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of City of Auburn Declaration of Lot Combination BLA 19-0005, recorded May 9, 2019
under King County recording number 20190509000812, also known as Block 7, Map of
L.W. Ballard’s Park Addition to Slaughter, According to the Plat Thereof recorded in
Volume 3 of Plats, Page 91, records of King County, Washington; together with the
vacated West 10 feet of Silver Street (now “A” Street NW) adjoining, except that portion
conveyed to the City of Auburn by Deed recorded November 18, 2009 under King County
recording number 20091118001497. The Mel’s Property is listed by the King County Tax
Assessor as Assessor’s Parcel Nos. 0492000460, 0492000461 and 0492000463.
C. The “Grantee Property” described in the PEA, together with the appurtenant
easement rights granted to that real property in the PEA, was submitted by APP on May
12, 2010 to condominium status in a Condominium Declaration for One Main Street
Professional Plaza, a Condominium, under King County recording number
20100512000511 (the “One Main Declaration”), together with a Survey Map and Plans
recorded under King County recording number 20100512000510. Article 8 of the One
Main Declaration assigned the one hundred twenty (120) parking spaces that were the
subject of the PEA as Limited Common Elements to specific Units in the One Main Street
Professional Plaza Condominium in Schedule B to the One Main Declaration, as amended.
D. On May 14, 2010, the City acquired fee simple title to the Mel’s Property from
APP in a Statutory Warranty Deed under King County recording number
20100514000042. Also, on May 14, 2010, the Original DRA was entered into by and
between the City, as Grantor, and APP, as Grantee. Among other things, the Original DRA
granted to APP the right to reacquire and develop the Mel’s Property “in any manner that
Grantee shall determine in its sole judgment,” subject to the provisions of the Original
DRA and applicable law.
E. On August 28, 2013, in conjunction with the sale by the City to APP of what was
then-designated as Unit 380 described in the One Main Declaration, seven (7) of the one
hundred twenty (120) Limited Common Element parking spaces that were the subject of
the PEA and were assigned to City-owned Units in the One Main Street Professional Plaza
Condominium were reassigned to APP-owned Unit 162 in the One Main Street
Professional Plaza Condominium. (See Warranty Deed recorded under King County
recording number 20130828001054 and Amendment No. 1 to Condominium Declaration
for One Main Street Professional Plaza a Condominium, King County recording number
20130828001056.) These seven (7) parking spaces are referred to as the “APP Parking
Spaces,” the remaining one hundred thirteen (113) parking spaces assigned to City-owned
Units in the One Main Street Professional Plaza Condominium are referred to as the “City
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Parking Spaces” and, together the APP Parking Spaces and the City Parking Spaces are
referred to as the “Condo Parking Spaces.”
F. On October 2, 2017, APP filed with the City a Completed Environmental Checklist
Application, a Preliminary Stormwater Site Plan including a Preliminary Geotechnical
Engineering Report, a Traffic Impact Analysis, a Rough Grading and TESC Plan, and
related submittals for that certain First Street Plaza Medical Office & Parking Garage
project (“First Street Plaza”) on the Mel’s Property, consisting of site preparation and
construction of a four-story private parking structure for approximately 204 vehicles and a
separate, three-story approximately 42,000 square foot medical office building. On
September 17, 2018, the City issued Notice of Application (NOA) and Mitigated
Determination of Non-Significance (MDNS) First Street Plaza Medical Office & Parking
Garage SEP17-0018. No appeals were timely filed and the MDNS became the final
decision of the City.
G. On November 1, 2018, APP filed Application No. MIS18-0016 with the City for
Design Review approval of First Street Plaza. Based on supporting documents and
revisions filed in January, February and April 2019, the project consisted of site
preparation and construction of a four-story private parking structure for approximately
192 vehicles and a separate, three-story approximately 42,000 square foot medical office
building on the Mel’s Property.
H. On January 30, 2019, APP notified the City of its election to exercise its rights
under Paragraphs 1 and 2 of the Original DRA. Paragraph 1 of the Original DRA relates to
development of the Mel’s Property. Paragraph 2 of the Original DRA relates to providing
Substituted Property for the 120 parking spaces on the Mel’s Property.
I. On January 31, 2019, APP assigned all of its right, title, powers and interest as
Grantee under the Original DRA to Lexi, as reflected in the Assignment of Grantee’s
Interest in Development Rights Agreement under King County recording number
20190131000785. On February 1, 2019, a Memorandum of Exercise of Grantee’s Rights
Pursuant to Development Rights Agreement was recorded under King County recording
number 201902013000726.
J. On February 14, 2019, Lexi filed Building Permit Application File No. BLD19-
0021. On March 14, 2019, the City advised Lexi that the Building Permit Application File
No. BLD19-0021 was complete and, subject to fulfillment of other conditions, could be
approved.
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K. On February 14, 2019, Lexi notified the City that the initial development of the
Mel’s Property would consist of two tall decorative railroad signs as more particularly
described in Building Permit Application File No. BLD19-0021, with additional
development consisting of First Street Plaza, and requested that the City convey fee simple
title to the Mel’s Property to Lexi as provided in the Original DRA. The February 14,
2019 notice identified the Substituted Property proposed to be provided by Lexi pursuant
to Paragraph 2 of the Original DRA, consisting of the “Alley Lots” (also known from time
to time as the “A Street Parcels,)” the “C Street Parcel,” and the “Auburn Way North
Parcel.”
L. On February 14, 2019, Lexi filed applications to develop parking lots on the Alley
Lots (FAC19-0009), the C Street Parcel (FAC19-0008) and the Auburn Way North Parcel
(FAC19-0007). On February 15, 2019, the City advised Lexi that those applications were
complete. (On April 12, 2019, Lexi notified the City that it intended to withdraw its
application to develop a parking lot on the Auburn Way North Parcel and was adding
additional contiguous parcels to the C Street Parcel “C Street Parcels”).)
M. On or about February 18, 2019, Lexi filed applications for deferral of half-street
improvements for the Alley Lots (SDR19-0006) and the C Street Parcels (SDR19-0005).
On March 1, 2019, the Auburn City Engineer issued decisions denying Lexi’s requests.
N. On February 28, 2019, the Central Puget Sound Regional Transit Authority
(“Sound Transit”) adopted Resolution No. R2019-05 authorizing Sound Transit’s chief
executive officer to acquire the Mel’s Property and all property rights therein by purchase
or condemnation proceedings, and to reimburse eligible relocation and reestablishment
expenses, for the purpose of constructing a new parking garage on the Mel’s Property for
Sound Transit’s Auburn Station Parking and Access Improvements Project.
O. On March 4, 2019, the City responded to Lexi’s February 14, 2019 notice and
request, indicating that the City was unable to convey title at that time because (i) Building
Permit BLD19-0021 was not yet issued or ready for issuance, (ii) an assignment or
dedication of funds to pay for the development had not yet been provided, and (iii) permits
for development of the Substituted Property under Paragraph 2 of the Original DRA were
not yet issued or ready for issuance.
P. On March 29, 2019, Lexi appealed the City Engineer’s March 1, 2019 decisions
denying deferral of half-street improvements for the Alley Lots (SDR19-0006) and the C
Street Parcels (SDR19-0005). On April 19, 2019, the City’s Director of Public Works
issued decisions affirming and modifying the City Engineer’s March 1, 2019 decisions
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denying deferral of half-street improvements. On May 17, 2019, Lexi appealed the April
19, 2019 decisions of the City’s Director of Public Works to the City Hearing Examiner.
Those appeals are pending as of the date of this Agreement (the “Pending Appeals”).
Q. On July 26, 2019, the City’s Director of Community Development issued a Notice
of Decision on Application No. MIS18-0016 approving the Design Review for First Street
Plaza, subject to conditions. No appeals were timely filed and the Notice of Decision
became the final decision of the City.
R. On July 30, 2019, the City issued Building Permit BLD19-0021 to Lexi.
S. On November 25, 2019, Sound Transit indicated by letter that it will provide 120
parking spaces to replace the Condo Parking Spaces in the new parking garage it proposes
to construct on the Mel’s Property.
AGREEMENT
In consideration of the covenants and promises contained in this Agreement and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Lexi, APP and the City enter into this Amended and Restated Development
Rights Agreement, as follows:
1. Conveyance of Mel’s Property. Within ten (10) days after the date of City Council
approval of this Agreement, the City shall submit into escrow an executed Statutory
Warranty Deed in the form attached as Exhibit A, conveying title to the Mel’s Property to
Lexi. Title to the Mel’s Property will be conveyed to Lexi subject only to the PEA and the
Title Exceptions attached as Exhibit B. Lexi shall pay all applicable real estate transfer
excise tax (if any), recording and escrow fees, and title insurance premiums. Subject to the
PEA and the Title Exceptions, Lexi will be entitled to possession of the Mel’s Property on
closing.
2. Development of the Mel’s Property. As part of its fee ownership, Lexi shall have
the exclusive right from time to time to develop and redevelop the Mel’s Property as First
Street Plaza or in any other manner that Lexi shall determine in its sole judgment, subject
to: (a) the provisions of this Agreement; (b) the provisions of the PEA; and (c) compliance
with all applicable governmental codes, laws, and regulations. In connection with any such
development or redevelopment of the Mel’s Property Lexi may leave the Condo Parking
Spaces in their current locations or change their locations on the Mel’s Property. In any
such development or redevelopment in which the Condo Parking Spaces are not intended
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to remain in their current locations, Lexi shall, except as otherwise provided hereinafter, at
its expense, relocate from time to time the Condo Parking Spaces within any such
development or redevelopment on the Mel’s Property. The City and APP, as owners of
Units in the One Main Street Professional Plaza Condominium to which the City Parking
Spaces are assigned, shall provide written consent to all necessary or appropriate
development applications and related documents submitted by Lexi to governmental
authorities. Provided, that nothing in this Agreement shall obligate the City to exercise any
of its regulatory powers in favor of Lexi, and Lexi is not relieved of its obligations to
obtain any necessary permits. The City, APP and Lexi shall from time to time execute an
amendment to this Agreement showing the relocation of the Condo Parking Spaces, and
once the replacement Condo Parking Spaces have been completed, the parties shall amend
the PEA to reflect the relocated Condo Parking Spaces and to set forth terms and
provisions pertaining to operating expenses, management, insurance and indemnity
comparable to those set forth herein. Further, the City, APP and/or Lexi, as applicable, as
members of the owners association of One Main Street Professional Plaza, a
Condominium, shall also from time to time execute and record amendments to the
Condominium Documents of One Main Street Professional Plaza necessary to show the
relocated Condo Parking Spaces that are associated with the affected Units in said
Condominium. Neither the City nor APP shall have the right to develop the Mel’s
Property while Lexi is the fee owner.
3. Deposit of Funds. Within five (5) days after the date of City Council approval
hereof, Lexi shall deposit the sum of fifteen thousand and no/100 dollars ($15,000.00) into
a segregated bank account at Umpqua Bank, Auburn, Washington branch to cover the
anticipated costs to construct the development authorized under Building Permit
Application File No. BLD19-0021. Lexi shall cause Umpqua Bank to provide the City
with an Assignment of Funds on the City’s standard form in connection with the bank
account, evidencing that the funds are on deposit and cannot be withdrawn absent City
written consent.
4. Deletion of Paragraph 2 of the Original DRA, and Withdrawal of Election Under
Original DRA ¶2. Paragraph 2 (along with the entirety) of the Original DRA has been
deleted effective as of the date of recordation of this Agreement. Further, the City
acknowledges that, as of the effective date of this Agreement, APP’s January 30, 2019
election to exercise its rights under Paragraph 2 of the Original DRA is withdrawn and of
no further effect. APP’s election to exercise its rights under Paragraph 1 of the Original
DRA remains effective except as modified by this Agreement.
5. Amendment of Parking Easement Agreement. On approval of this Agreement by
the Auburn City Council, the parties shall execute and submit into escrow an amendment
to the PEA in the form attached as Exhibit C.
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6. Operations. If there are more parking spaces in the development on the Mel’s
Property than the one hundred twenty (120) Condo Parking Spaces required to be provided by
Lexi for the benefit of the City and APP as owners of the Condo Units under this Agreement,
the term “Parking Lot” shall mean the parking garage or facility in that development or on the
property. Lexi shall reasonably determine the portion of the Operating Expenses allocable to
the Parking Lot and the parties shall share such costs based upon the number of parking
spaces allocated to each of Lexi, the City and APP.
(a) “Operating Expenses” means all costs and expenses incurred in
connection with: (i) all utility services provided to the Parking Lot; (ii) all permits,
licenses and certificates necessary to operate, manage, maintain and repair the Parking
Lot; (iii) all Insurance Costs; (iv) the purchase or rental of supplies, tools, equipment
and materials to the extent they are used in connection with the use, operation,
maintenance, repair or restoration of the Parking Lot; (v) expenses incurred in order to
comply with any laws, regulations or governmental requirements of any kind; (vi)
wages, salaries and other compensation and benefits for all persons, only to the extent
that they were engaged in connection with the operation, maintenance, repair, or
restoration of, and providing security services for the Parking Lot, including
employer’s Social Security taxes, unemployment taxes or insurance, and any other
taxes which may be levied on those wages, salaries, compensation and benefits; (vii)
all Property Taxes; (viii) all operating costs of the Parking Lot and all systems and
equipment servicing the Parking Lot and component services, including, but not
limited to, janitorial service, security, trash removal, cleaning, management,
maintenance, repair and replacement of lighting, gates, fences, barriers, signs,
walkways, driveways, curbs, security and access equipment, devices, and systems, and
drainage facilities; (ix) resurfacing, repair, repaving and re-striping of the Parking Lot
and the surrounding areas and sidewalks providing access thereto; (x) removal of ice
and snow from the Parking Lot and its entrances and exits; and (xi) any service or
maintenance contracts related to the operation, maintenance, repair, or restoration of
the Parking Lot.
(b) “Property Taxes” means all federal, state, county or local
governmental or municipal taxes, assessments, levies, fees, charges or other
impositions of every kind and nature levied against the Parking Lot including, without
limitation, real and personal property taxes, general and special assessments, transit
taxes, water and sewer rent or other similar taxes, fees or changes in taxes assessed in
lieu of any of the foregoing. If the Property Taxes for Condo Parking Spaces are
separately assessed against Lexi, and the remainder of the Mel’s Property is separately
assessed, then Property Taxes shall not be part of Operating Expenses that are to be
paid proportionately. The parties each agree to cooperate with the other, including
attending meetings with the tax assessor, to facilitate such separate assessment or an
accurate billing and calculation of Property Taxes as contemplated by this Agreement.
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(c) “Insurance Costs” means all property and liability insurance premiums
with respect to the Parking Lot required to be carried by Lexi as provided below,
including any deductibles incurred in connection with any covered loss.
(i) Lexi shall maintain or cause to be maintained, subject to
reasonable deductibles as Lexi may determine, property insurance on the
Parking Lot in an amount not less than 100% of the full replacement cost of
such improvements, without deduction for depreciation, including the cost of
debris removal, insuring against loss or damage by fire and such other risks as
may be covered from time to time by a “Causes of Loss–Special Form” policy
or its equivalent and those other insurable hazards and containing those
additional coverages and endorsements as the parties or their respective
lenders may request from time to time. The property insurance may cover
loss due to earthquake, earth movement and/or flood, as determined by
Lexi. Lexi may maintain this property insurance in whole or in part under
blanket policies. The cost of the property insurance, including any deductibles
paid and any earthquake, earth movement and/or flood insurance premiums,
shall be included as part of the Operating Expenses; provided the cost of any
additional coverages and endorsements requested by the City or APP shall not
be part of Operating Expenses, but paid solely by the requesting party.
(ii) Lexi, on behalf of the parties, shall at all times, at its sole cost
and expense, keep in full force and effect a policy of commercial general
liability insurance insuring against claims or liability arising out of the use
or maintenance of the Parking Lot in an amount which is not less than Two
Million Dollars ($2,000,000.00) per occurrence, covering bodily injury to
persons, including death, and damage to property, and including automobile
liability coverage and contractual liability endorsement; shall insure the
hazards of the insured party's operations on the Parking Lot, including the
acts of its independent contractors; and shall name the other parties to this
Agreement as an “additional insured.” Notwithstanding the foregoing, if a
party is the City of Auburn, (the “Governmental Owner”) insurance for all
of the Condo Parking Spaces may be completely met by the Governmental
Owner's membership in the Washington Cities Insurance Authority
(”WCIA”), a municipal insurance pool. So long as the Governmental
Owner is providing the insurance for all of the Condo Parking Spaces,
through WCIA, the Governmental Owner will not be required to provide
policies or certificates of insurance, and will not be required to name Lexi,
APP or any other party or person as an “additional insured”, “additional
named insured”, “named insured,” “loss payee,” or any similar designation.
The Governmental Owner shall provide reasonable evidence of its
continued participation in WCIA on request of another party.
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(iii) The parties, in the exercise of their commercial business
judgment, acknowledge that the use of insurance is the best way to protect
against the risk of loss to their respective properties and economic interests.
Accordingly, (a) the City hereby waives its right of recovery, claims, actions
or causes of action against APP and Lexi for loss or damage to the Mel’s
Property or the Parking Lot, or any personal property therein belonging to the
City and its officers, employees, and agents (collectively, the “City Parties”)
to the extent of any insurance proceeds paid to the party suffering the loss and
any additional insurance proceeds that would have been paid to the party
suffering the loss had the insurance required under this Agreement been
carried by such party; (b) Lexi hereby waives its right of recovery, claims,
actions or causes of action against the City and APP for loss or damage to the
Mel’s Property or the Parking Lot, or any personal property therein belonging
to Lexi and its officers, employees, members, and agents (“Lexi Parties”) to
the extent of any insurance proceeds paid to the party suffering the loss and
any additional insurance proceeds that would have been paid to the party
suffering the loss had the party obtained the same insurance coverage required
under this Agreement had been carried, and (c) APP hereby waives its right of
recovery, claims, actions or causes of action against the City and Lexi for loss
or damage to the Mel’s Property or the Parking Lot, or any personal property
therein belonging to APP and its officers, employees, members, and agents
(“APP Parties”) to the extent of any insurance proceeds paid to the party
suffering the loss and any additional insurance proceeds that would have been
paid to the party suffering the loss had the party obtained the same insurance
coverage required under this Agreement had been carried. Each party shall
cause any insurance policy obtained by it (including the insurance required
under this Article 6) to provide that the insurance company waives all right to
recover by way of subrogation against the other.
(d) Subject to the waiver of claims hereinabove provided, (i) the City
shall defend, indemnify and hold harmless Lexi and APP from and against all claims,
demands, losses, liabilities, damages, actions, proceedings, expenses and costs
(including reasonable attorneys’ fees and costs of suit) of any nature whatsoever
brought by third parties and arising out of or resulting from the City’s use of the
Parking Lot, or from any other activity, work, or thing done, permitted or suffered by
the City in, on or about the Mel’s Property; (b) Lexi shall defend, indemnify and hold
harmless the City and APP from and against all claims, demands, losses, liabilities,
damages, actions, proceedings, expenses and costs (including reasonable attorneys’
fees and costs of suit) of any nature whatsoever brought by third parties and arising
out of or resulting from Lexi’s use of the Parking Lot, or from any other activity,
work, or thing done, permitted or suffered by the Lexi in, on or about the Mel’s
Property, and (c) APP shall defend, indemnify and hold harmless the City and Lexi
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from and against all claims, demands, losses, liabilities, damages, actions,
proceedings, expenses and costs (including reasonable attorneys’ fees and costs of
suit) of any nature whatsoever brought by third parties and arising out of or resulting
from APP’s use of the Parking Lot, or from any other activity, work, or thing done,
permitted or suffered by the Lexi in, on or about the Mel’s Property. In the event of
concurrent negligence, the indemnifying party shall only be liable for that portion of
liability related to the percentage of its respective negligence or misconduct.
7. Condemnation. If Sound Transit or another governmental authority acquires the
Mel’s Property by eminent domain or otherwise, Lexi, as the fee owner, shall have the sole
right and authority to negotiate with Sound Transit regarding the price and terms of
acquisition and the sole right to establish, through agreement or litigation, the amount of
just compensation to be paid for the Mel’s Property. Provided, however, that the City and
APP shall have the right to establish through negotiation, agreement, or litigation with
Sound Transit the amount to be paid to each of them for any damages to the value of their
respective Condominium Units.
If Sound Transit or another governmental authority acquires the Mel’s Property by eminent
domain or otherwise and constructs a parking garage on the Mel’s Property and provides a
total of one hundred twenty (120) parking spaces in that garage as replacement parking
under the PEA for the benefit of APP and the City as Condo Unit Owners, the parties agree
to modify the Condo Declarations so that the City shall be assigned one hundred thirteen
(113) and APP shall be assigned seven (7) parking spaces in the garage to replace the
existing Condo Parking Spaces.
If Sound Transit or another governmental authority acquires the Mel’s Property through
eminent domain or otherwise and provides one hundred twenty (120) replacement parking
spaces on the Mel’s Property, all compensation of any kind or nature paid or given by
Sound Transit for and/or in connection with any acquisition of the Mel’s Property, other
than provision to the City of one hundred thirteen (113) and to APP of seven (7) parking
spaces on the Mel’s Property and any compensation paid for damages to the value of the
City’s and APP’s respective Condominium Units, shall be payable to Lexi alone and the
City and APP shall have no right, claim or interest in that compensation.
If Sound Transit or another governmental authority acquires the Mel’s Property through
eminent domain or otherwise but does not provide one hundred twenty (120) replacement
parking spaces on the Mel’s Property and instead provides such replacement parking
spaces in a location other than the Mel’s Property that is of lesser value to the City and
APP for their intended use, then the compensation paid by Sound Transit or such other
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condemning authority for the diminished value to the Condominium Units and for any
other damages to the Condominium Units resulting from relocation of the parking spaces
shall be paid ninety-four percent (94%) to the City and six percent (6%) to APP, in
proportion to their respective shares of the 120 Condo Parking Spaces, and all other
compensation paid for the taking of the Mel’s Property shall be paid to Lexi.
If Sound Transit or another governmental authority acquires the Mel’s Property through
eminent domain or otherwise but does not provide one hundred twenty (120) replacement
parking spaces on the Mel’s Property or elsewhere, then the compensation paid by Sound
Transit or such other condemning authority for the cost to secure replacement parking
spaces elsewhere and the diminished value to the Condominium Units and for any other
damages to the Condominium Units resulting from relocation of the parking spaces shall
be paid ninety-four percent (94%) to the City and six percent (6%) to APP, in proportion to
their respective shares of the 120 Condo Parking Spaces, and all other compensation paid
for the taking of the Mel’s Property shall be paid to Lexi.
8. Further Approvals and Documentation. This Agreement shall become effective on
the effective date of approval by the City Council and signature of the parties. The parties
will execute and deliver those other and further documents reasonably required to carry out
the intent of this Agreement.
9. Suspension and Dismissal of Pending Appeals. The parties agree to suspend the
Pending Appeals pending approval of this Agreement by the Auburn City Council and to
jointly notify the Hearing Examiner of the agreement and request. On approval of this
Agreement by the Auburn City Council, Lexi will promptly dismiss the Pending Appeals
and release the City from all claims related to the Pending Appeals, in the form attached as
Exhibit D.
10. Construction. This Agreement was negotiated, drafted, and approved by the
Parties. Any rule that would otherwise require an ambiguity in this Agreement to be
construed against the drafting party is waived.
11. Attorneys' Fees. In connection with this Agreement and its performance, Lexi,
APP and the City shall each pay their own attorney's fees. If there is any default or other
breach by a party to this Agreement, the prevailing party shall be entitled to recover
attorney's fees in any action to enforce the provisions of this Agreement. "Attorney's fees"
means all reasonable legal fees and charges, including but not limited to appellate fees and
charges, paralegal fees and charges, court, filing, and process fees, marshal's and sheriffs’
fees and charges, investigative fees and charges, and all other related sums.
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12. Force Majeure. Any delay in the performance of any obligation under this
Agreement shall be excused, if and so long as the performance of the obligation is
prevented, delayed or otherwise hindered by any act not within the control of a party (other
than lack or inability to procure money to fulfill its commitments and obligations under this
Agreement) such as fire, earthquake, flood, explosion, actions of the elements, war, riots,
mob violence, inability to procure labor, equipment, facilities, materials or supplies in the
open market, failure of transportation, strikes, lockouts, actions of labor unions,
condemnation, court orders, operation of laws, orders of governmental or military
authorities.
13. Severability. If any one or more of the provisions of this Agreement, or the
applicability of any provision to a specific situation, shall be held invalid or unenforceable,
that provision shall be modified to the extent necessary to make it or its application valid
and enforceable, and the validity and enforceability of all other provisions of this
Agreement and all other applications of any such provision shall not be affected.
14. Governing Law. This Agreement shall be governed and interpreted solely by the
laws of the State of Washington. Venue for any action shall solely be in King County,
Washington.
15. Recitals and Captions. The Introduction and Recitals are an integral part of this
Agreement and are incorporated herein for the purpose of interpreting this Agreement.
Captions of Sections and subsections of this Agreement are for convenience only and shall
not be considered in resolving any questions of interpretation or construction of any term,
covenant or provision.
16. Time. Time is of the essence of this Agreement and of each and very provision
hereof.
17. Agreement Supersedes the Original DRA. This Amended and Restated
Development Rights Agreement supersedes and replaces the Original DRA in its entirety,
and contains the complete agreement of the parties with respect to the subject matter of the
Agreement.
18. Non-Waiver. No covenant, term or condition of this Agreement (including breach)
shall be deemed waived unless expressly waived in a written instrument executed by the
waiving party specifically reciting the covenant, term or condition (including breach) being
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14
waived, and any waiver of one covenant, term, condition or breach, shall not be deemed to
be a waiver of any preceding or succeeding, covenant, term, condition, or breach.
19. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered in person to the party
to whom it is addressed or two (2) business days after deposit in the U.S. mail, postage
prepaid, certified or registered mail, return receipt requested at the following addresses:
Lexi: Lexi, LLC
P.O. Box 1294
Auburn, Washington 98071-1294
Attn: President
With concurrent copies to:
Lexi LLC c/o Michael John Klein. CPA
30300 Agoura Road, Suite 270
Agoura Hills, California 91301
And to:
Lexi LLC c/o Anthony L. Rafel, Esq.
Rafel Law Group PLLC
4126 E. Madison St. Ste. 202
Seattle, Washington 98112
APP: Auburn Professional Plaza, LLC
P.O. Box 1294
Auburn, Washington 98071-1294
Attn: President
With concurrent copies to:
Auburn Professional Plaza, LLC c/o Michael J Klein. CPA
30300 Agoura Road, Suite 270
Agoura Hills, California 91301
And to:
Auburn Professional Plaza, LLC c/o Anthony L. Rafel, Esq.
Rafel Law Group PLLC
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4126 E. Madison St. Ste. 202
Seattle, Washington 98112
City of Auburn:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: Mayor
With concurrent copies to:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: Director of Administration
And to:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: City Attorney
or to any other or additional addresses as any party may from time to time designate by
providing notice in writing to the other parties.
[This page ends here.]
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IN WITNESS WHEREOF, Lexi, LLC, Auburn Professional Plaza, LLC and the
City of Auburn have duly executed this Agreement as of the day and year first written
above.
LEXI, LLC
a Washington limited liability company
By: Oliphant Real Estates Services, Inc.
a Washington corporation
its manager and managing member
By:
Jeffrey L. Oliphant, President
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Jeffrey
L. Oliphant, satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same in his authorized capacity,
and that by his signature on the instrument the person(s), or the entity upon behalf of which
he acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
Page 69 of 96
17
AUBURN PROFESIONAL PLAZA, LLC
a Washington limited liability company
By: Oliphant Real Estates Services, Inc.
a Washington corporation
its manager and managing member
By:
Jeffrey L. Oliphant, President
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Jeffrey
L. Oliphant, satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same in his authorized capacity,
and that by his signature on the instrument the person(s), or the entity upon behalf of which
he acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
Page 70 of 96
18
THE CITY OF AUBURN, WASHINGTON
a municipal corporation
By:
Nancy Backus, Mayor
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Nancy
Backus, satisfactorily proven to me to be the person whose name is subscribed to the
within instrument and acknowledged that she executed the same in her authorized capacity,
and that by her signature on the instrument the person(s), or the entity upon behalf of
which she acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
Page 71 of 96
da03es01qr
EXHIBIT A
[Statutory Warranty Deed from City to Lexi]
Page 72 of 96
City of Auburn/Lexi
DRAFT 01.03.20
Page 1 of 2
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
STATUTORY WARRANTY DEED
Reference # (if applicable): 20091118001497; 20091118001355
Grantor: City of Auburn, a Washington Municipal Corporation
Grantee: Lexi, LLC, a Washington Limited Liability Company
Abbreviated Legal Description: PTN SE ¼, NE ¼, SEC. 13, T21N, R4E, WM
Assessor’s Tax Parcel ID#: 049200-0460; 049200-0461; 049200-0463
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, Grantor, the City of
Auburn, a municipal corporation of the State of Washington conveys and warrants to Lexi,
LLC, a Washington limited liability company (“Grantee”), its successors and assigns, the
property legally described as follows:
BLOCK 7 IN L.W. BALLARD’S PARK ADDITION TO SLAUGHTER, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 91, IN
KING COUNTY, WASHINGTON;
TOGETHER WITH THE VACATED WEST 10 FEET OF SILVER STREET (NOW “A”
STREET N.W.) ADJOINING;
EXCEPT THAT PORTION CONVEYED TO THE CITY OF AUBURN BY DEED
RECORDED NOVEMBER 18, 2009, UNDER RECORDING NUMBER
20091118001497.
SUBJECT TO that Parking Easement Agreement dated November 17, 2009 under
Recording Number 20091118001355, as amended by the Development Rights Agreement
dated May 14, 2010 under Recording Number 20100514000044, and the First Amendment
to the Parking Easement Agreement dated _________, 2020 under Recording Number
2020______________.
Page 73 of 96
City of Auburn/Lexi
DRAFT 01.03.20
Page 2 of 2
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed
by its proper officer(s) this _____ day of ______________, 2020.
Grantor:
CITY OF AUBURN,
WASHINGTON
a Washington municipal corporation
_____________________________
By: Nancy Backus, Mayor
STATE OF WASHINGTON )
) ss.
County of King )
On this ___ day of __________, 2020, before me personally appeared Nancy
Backus, to me known to be the Mayor of the city of Auburn, Washington, the entity that
executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said entity, for the uses and purposes therein mentioned,
and on oath stated that she was authorized to execute said instrument on behalf of said
entity.
In Witness Whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Dated ______________
Notary Public in and for the State of
Washington, residing at
My commission expires
Page 74 of 96
da03es01qr
EXHIBIT B
[Title Exceptions]
Page 75 of 96
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.193924-TC
SCHEDULE B, PART II
EXCEPTIONS
(continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/01/2016)Printed: 10.07.19 @ 06:36 PM
Page 8 WA-CT-FBCM-02150.620753-SPS-1-19-193924-TC
SPECIAL EXCEPTIONS
1.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on survey:
Recording No: 20040322900011
2.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: Puget Sound Energy, Inc.
Purpose: Electric transmission and/or distribution system and sale of electricity
Recording Date: October 27, 2009
Recording No.: 20091027001708
Affects: the North 13.00 feet of the East 15.00 feet of Parcel C
3.Parking Easement Agreement and the terms and provisions thereof:
Executed by: Auburn Professional Plaza LLC, a Washington limited liability company
Recording Date: November 18, 2009
Recording No.: 20091118001355
4.Storm Water Easement and Maintenance Agreement and the terms and provisions thereof:
Executed by: City of Auburn, a municipal corporation and Auburn Professional Plaza. LLC
Recording Date: November 18, 2009
Recording No.: 20091118001493
5.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to: City of Auburn
Purpose: Water line and appurtenances
Recording Date: November 18, 2009
Recording No.: 20091118001494
Affects: portion on easterly portion of Parcel C as described and delineated in said document
Page 76 of 96
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.193924-TC
SCHEDULE B, PART II
EXCEPTIONS
(continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/01/2016)Printed: 10.07.19 @ 06:36 PM
Page 9 WA-CT-FBCM-02150.620753-SPS-1-19-193924-TC
6.Local Improvement District No Protest Agreement and the terms and provisions thereof:
Executed by: City of Auburn, a municipal corporation and Auburn Professional Plaza, LLC
Recording Date: November 18, 2009
Recording No.: 20091118001495
7.Agreement for Deferral of Improvements and the terms and provisions thereof:
Executed by: City of Auburn, a municipal corporation and Auburn Professional Plaza, LLC
Recording Date: November 18, 2009
Recording No.: 20091118001496
8.Revocable License for Pedestrian and Vehicular Access
Recording Date: February 18, 2010
Recording No.: 20100218000151
9.Development Rights Agreement and the terms and provisions thereof:
Executed by: City of Auburn and Auburn Professional Plaza LLC, a Washington limited liability company
Recording Date: May 14, 2010
Recording No.: 20100514000044
The right, title and interest of Auburn Professional Plaza LLC in said agreement was assigned to Lexi, LLC, a
Washington limited liability company by instrument recorded under recording number 20190131000785.
Memorandum of exercise of grantee's rights pursuant to development rights agreement
Recording Date: February 13, 2019
Recording No.: 20190213000726
10.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on survey:
Recording No: 20190122900008
Page 77 of 96
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.193924-TC
SCHEDULE B, PART II
EXCEPTIONS
(continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/01/2016)Printed: 10.07.19 @ 06:36 PM
Page 10 WA-CT-FBCM-02150.620753-SPS-1-19-193924-TC
11.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on
Declaration of Lot Combination:
Recording No: 20190509000812
12.The property herein described is carried on the tax rolls as exempt. However, it will become taxable on the date of
the execution of a conveyance to a taxable entity and subject to the lien of real property taxes for the balance of
the year from that date:
Tax Account Numbers: 049200-0460, 049200-0463 and 049200-0461
Levy Code: 0133
13.Conservation and other special taxes and charges, payable February 15, delinquent if first half unpaid on May 1,
second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2019
Tax Account No.: 049200-0460
Levy Code: 0133
General and Special Taxes:
Billed: $14.74
Paid: $14.74
Unpaid: $0.00
Affects: Portion of herein described premises
14.Conservation and other special taxes and charges, payable February 15, delinquent if first half unpaid on May 1,
second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2019
Tax Account No.: 049200-0463
Levy Code: 0133
General and Special Taxes:
Billed: $14.64
Paid: $14.64
Unpaid: $0.00
Affects: Portion of herein described premises
Page 78 of 96
CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO.193924-TC
SCHEDULE B, PART II
EXCEPTIONS
(continued)
This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the
Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a
counter-signature by the Company or its issuing agent that may be in electronic form.
Copyright American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association.
ALTA Commitment for Title Insurance (08/01/2016)Printed: 10.07.19 @ 06:36 PM
Page 11 WA-CT-FBCM-02150.620753-SPS-1-19-193924-TC
15.Conservation and other special taxes and charges, payable February 15, delinquent if first half unpaid on May 1,
second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year: 2019
Tax Account No.: 049200-0461
Levy Code: 0133
General and Special Taxes:
Billed: $14.65
Paid: $14.65
Unpaid: $0.00
Affects: Remainder of herein described premises
16.Liability for Sewer Treatment Capacity Charges, if any, affecting certain areas of King, Pierce and Snohomish
Counties. Said charges could apply to property connecting to the metropolitan sewerage facilities or reconnecting
or changing its use and/or structure after February 1, 1990.
Please contact the King County Wastewater Treatment Division, Capacity Charge Program, for further information
at 206-296-1450 or Fax No. 206-263-6823 or email at CapChargeEscrow@kingcounty.gov.
* A map showing sewer service area boundaries and incorporated areas can be found at:
http://www.kingcounty.gov/services/gis/Maps/vmc/Utilities.aspx
Unrecorded Sewer Capacity Charges are not a lien on title to the Land.
NOTE: This exception will not appear in the policy to be issued.
17.The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the
right to require further evidence to confirm that the property is unencumbered, and further reserves the right to
make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
18.Any unrecorded leaseholds, right of vendors and holders of security interests on personal property installed upon
the Land and rights of tenants to remove trade fixtures at the expiration of the terms.
END OF SCHEDULE B, PART II
Page 79 of 96
da03es01qr
EXHIBIT C
[Amendment to Parking Easement Agreement]
Page 80 of 96
1
AFTER RECORDING RETURN TO:
Auburn Professional Plaza LLC
c/o Michael John Klein, CPA
30300 Agoura Road, Suite 270
Agoura Hills, CA 91301
FIRST AMENDMENT TO PARKING EASEMENT AGREEMENT
Grantor: CITY OF AUBURN; and
LEXI, LLC, a Washington limited liability company
Grantee: AUBURN PROFESSIONAL PLAZA LLC,
a Washington limited liability company; and
ONE MAIN STREET PROFESSIONAL PLAZA OWNERS
ASSOCIATION, a Washington nonprofit corporation
Legal Description: Parcel A of City of Auburn Declaration of Lot Combination
BLA19-0005, recorded May 9, 2019 under King County recording
number 20190509000812, also known as Block 7, Map of L.W.
Ballard’s Park Addition to Slaughter, according to the Plat Thereof
recorded in Volume 3 of Plats, Page 91, records of King County,
Washington; together with the vacated West 10 feet of Silver
Street (now “A” Street NW) adjoining, except that portion
conveyed to the City of Auburn by Deed recorded November 18,
2009 under King County recording number.20091118001497
Tax Parcel Nos.: 0492000460, 0492000461 and 0492000463
Related Documents: 20091118001355, 20100512000511, 20100512000510
Page 81 of 96
2
FIRST AMENDMENT TO
PARKING EASEMENT AGREEMENT
This FIRST AMENDMENT TO PARKING EASEMENT AGREEMENT (“First
Amendment”) is entered into as of January ___, 2020, by and between THE CITY OF
AUBURN, a code city of the state of Washington (“City”), LEXI, LLC, a Washington limited
liability company (“Lexi”), ONE MAIN STREET PROFESSIONAL PLAZA OWNERS
ASSOCIATION, a Washington nonprofit corporation (“One Main”), and AUBURN
PROFESSIONAL PLAZA LLC, a Washington limited liability company (“APP”), with
reference to the following facts:
RECITALS
A. A Parking Easement Agreement was entered into as of November 17, 2009 by and
between Auburn Professional Plaza LLC, as Grantor, and Auburn Professional Plaza LLC, as
Grantee, and recorded under King County recording number 20091118001355 (“PEA”).
B. The PEA granted to APP an easement and right to use one hundred twenty (120)
automobile parking spaces on the “Grantor Property,” commonly referred to as the “Mel’s
Property.” The Mel’s Property is legally described as Block 7, Map of L.W. Ballard’s Park
Addition to Slaughter, According to the Plat Thereof recorded in Volume 3 of Plats, Page 91,
records of King County, Washington; together with the vacated West 10 feet of Silver Street
(now “A” Street NW) adjoining, and is listed as King County Tax Assessor’s Parcel Nos.
0492000460, 0492000461 and 0492000463.
C. The “Grantee Property” described in the PEA, together with the appurtenant easement
rights granted to that real property in the PEA, was submitted by APP on May 12, 2010 to
condominium status in a Condominium Declaration for One Main Street Professional Plaza, a
Condominium, recorded under King County recording number 20100512000511 (the “One Main
Declaration”), together with a Survey Map and Plans recorded in the official records of King
County, Washington under recording number 20100512000510. Article 8 of the One Main
Declaration assigned the 120 parking spaces that were the subject of the PEA as Limited
Common Elements to specific Units in the One Main Street Professional Plaza Condominium in
Schedule B to the One Main Declaration, as amended.
D. On May 14, 2010, the City acquired fee simple title to the Mel’s Property from APP in a
Statutory Warranty Deed recorded under King County recording number 20100514000042.
Also, on May 14, 2010, a Development Rights Agreement was entered into by and between the
City, as Grantor, and APP, as Grantee, and recorded in the official records of King County,
Page 82 of 96
3
Washington under recording number 20100514000044 (“Original DRA”). The Original DRA
granted to APP the right to reacquire and develop the Mel’s Property “in any manner that
Grantee shall determine in its sole judgment,” subject to the provisions of the Original DRA and
applicable law.
E. On August 28, 2013, in conjunction with the sale by the City to APP of what was then-
designated as Unit 380 described in the One Main Declaration, seven (7) of the one hundred
twenty (120) Limited Common Element parking spaces that were the subject of the PEA and
were assigned to City owned Units in the One Main Street Professional Plaza Condominium
were reassigned to APP-owned Unit 162 in the One Main Street Professional Plaza
Condominium. (See Warranty Deed recorded under King County recording number
20130828001054, and Amendment No. 1 to Condominium Declaration for One Main Street
Professional Plaza a Condominium, recorded under King County recording number
20130828001056.) These seven (7) parking spaces are referred to as the “APP Parking Spaces,”
the remaining one hundred thirteen (113) parking spaces assigned to City owned Units in the
One Main Street Professional Plaza Condominium are referred to as the “City Parking Spaces,”
and together the City Parking Spaces and the APP Parking Spaces are referred to as the “Condo
Parking Spaces.”
F. On January 30, 2019, APP notified the City of its election to exercise its rights under the
Original DRA.
G. On January 31, 2019, APP assigned all of its right, title, powers and interest as Grantee
under the Original DRA to Lexi, LLC, a Washington limited liability company (“Lexi”), as
reflected in the Assignment of Grantee’s Interest in Development Rights Agreement recorded
under King County recording number 20190131000785. On February 1, 2019, a Memorandum
of Exercise of Grantee’s Rights Pursuant to Development Rights Agreement was recorded under
King County recording number 201902013000726. Notwithstanding this assignment, APP
retained ownership rights in the APP Parking Spaces on the Mel’s Property.
H. On January ___, 2020, Lexi and the City entered into an Amended and Restated
Development Rights Agreement, which supersedes and replaces the Original DRA in its entirety.
NOW, THEREFORE, in consideration of the covenants and promises contained in this
Agreement and the Amended and Restated Development Rights Agreement Lexi, APP, and the
City amend the PEA as follows:
1. Section 3.1 is amended by adding the following sentences at the end of the section:
Page 83 of 96
4
No Party shall have the right to use the Parking Spaces allocated to it in any manner that
would materially impact the other Parties’ use of the Grantor Property under this
Easement.
2. Section 3.2 is deleted in its entirety.
3. The following new subsections are added to Article 3:
3.6 Restricted Access System. Grantor or Grantee may implement an access card,
sticker or other identification or entrance system; provided (i) the access system does not
restrict continuous access to the Parking Lot by the Grantee Parties designated by
Grantee and (ii) if applicable, Grantor promptly provides Grantee with sufficient parking
identification, key-cards, or other access devices (including temporary passes and
replacements for lost or stolen identification, cards or devices) necessary for continuous
access. Grantor or Grantee may impose a reasonable charge for providing identification,
cards, or devices, provided that charge does not exceed the actual out-of-pocket
administrative and replacement cost incurred in obtaining, operating, managing and
otherwise producing such identification, cards or devices.
3.7 Other Easements. Grantor shall have the right to grant other persons easement
rights on or across the Grantor Property only if those easement rights do not interfere
with the easements and rights granted to Grantees under this Agreement or the rights
granted to Lexi under that certain Amended and Restated Development Rights
Agreement between the City of Auburn and Auburn Professional Plaza, LLC, as Grantor,
and Lexi, LLC, as Grantee.
4. Article 4 is deleted in its entirety.
5. Section 6.7 is deleted in its entirety.
6. Section 7.1 is amended to delete the following words from the first sentence thereof: “or
Grantor provides Substitute Property in which the Parking Spaces are in a garage”.
7. Section 8.3 is deleted in its entirety and replaced with the following new Section 8.3:
8.3 Condemnation Award. Grantee and/or Unit Owners in One Main Street Professional
Plaza, a Condominium, the Declaration of which was recorded under King County
recording number 20100512000511, as their interests may appear, are entitled to receive
and keep all damages, awards or payments resulting from any loss or damage to
Page 84 of 96
5
Grantee’s and/or Unit Owners’ rights under this Agreement, as provided in this
Agreement and the Amended and Restated DRA. Grantee (and/or Unit Owners) may file
a separate claim with the condemning authority for any loss of or damage to Grantee’s
(or Unit Owners’) rights under this Agreement and the Amended and Restated DRA. If
the condemning authority does not enter separate awards for the taking of the Grantor
Property on the one hand and the taking of the Parking Easement on the other hand, or
does not allocate the award between the Grantor Property on the one hand and the
Parking Easement on the other hand, Grantee and/or Unit Owners may request the court
make an allocation of the award as provided in the Amended and Restated DRA.
8. Section 10.4 is deleted in its entirety and replaced with the following new Section 10.4:
10.4 Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered in person to the party
to whom it is addressed or two (2) business days after deposit in the U.S. mail, postage
prepaid, certified or registered mail, return receipt requested at the following addresses:
APP: Auburn Professional Plaza, LLC
P.O. Box 1294
Auburn, Washington 98071-1294
Attn: President
With concurrent copies to:
Auburn Professional Plaza, LLC c/o Michael J Klein. CPA
30300 Agoura Road, Suite 270
Agoura Hills, California 91301
And to:
Auburn Professional Plaza, LLC
c/o Anthony L. Rafel, Esq.
Rafel Law Group PLLC
4126 E. Madison St. Ste. 202
Seattle, Washington 98112
City of Auburn:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: Mayor
Page 85 of 96
6
With concurrent copies to:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: Director of Administration
And to:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: City Attorney
Lexi:
Lexi, LLC
P.O. Box 1294
Auburn, Washington 98071-1294
Attn: President
With concurrent copies to:
Lexi, LLC c/o Michael John Klein. CPA
30300 Agoura Road, Suite 270
Agoura Hills, California 91301
And to:
Lexi, LLC c/o Anthony L. Rafel, Esq.
Rafel Law Group PLLC
4126 E. Madison St. Ste. 202
Seattle, Washington 98112
One Main:
One Main Street Professional Plaza Owners Association
P.O. Box 1294
Auburn, Washington 98071-1294
Attn: President
With concurrent copies to:
Page 86 of 96
7
One Main Street Professional Plaza Owners Association
c/o Michael John Klein. CPA
30300 Agoura Road, Suite 270
Agoura Hills, California 91301
And to:
Anthony L. Rafel, Esq.
Rafel Law Group PLLC
4126 E. Madison St. Ste. 202
Seattle, Washington 98112
And to:
City of Auburn
25 West Main Street
Auburn, Washington 98001-4998
Attention: City Attorney
or to such other or additional addresses as any party may from time to time designate by
providing written notice to all other parties.
9. Section 10.5 is deleted in its entirety and replaced with the following new Section 10.5:
10.5 Construction. This Agreement was negotiated, drafted, and approved by the
Parties. Any rule that would otherwise require an ambiguity in this Agreement to be
construed against the drafting party is waived.
10. Except as expressly modified in this Amendment, the PEA shall remain in full force and
effect.
[This page ends here.]
Page 87 of 96
8
IN WITNESS WHEREOF, the parties have duly executed this First Amendment as of
the day and year first written above.
AUBURN PROFESSIONAL PLAZA LLC
a Washington limited liability company
By: Oliphant Real Estates Services, Inc.
a Washington corporation
its manager and managing member
By:
Jeffrey L. Oliphant, President
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Jeffrey L.
Oliphant, satisfactorily proven to me to be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same in his authorized capacity, and that by
his signature on the instrument the person(s), or the entity upon behalf of which he acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
Page 88 of 96
9
THE CITY OF AUBURN, WASHINGTON
a municipal corporation
By:
Nancy Backus, Mayor
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Nancy
Backus, satisfactorily proven to me to be the persons whose name is subscribed to the within
instrument and acknowledged that she executed the same in her authorized capacity, and that by
her signature on the instrument the person(s), or the entity upon behalf of which she acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
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10
LEXI, LLC
a Washington limited liability company
By: Oliphant Real Estates Services, Inc.
a Washington corporation
its manager and managing member
By:
Jeffrey L. Oliphant, President
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Jeffrey L.
Oliphant, satisfactorily proven to me to be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same in his authorized capacity, and that by
his signature on the instrument the person(s), or the entity upon behalf of which he acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
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11
ONE MAIN STREET PROFESSIONAL PLAZA
OWNERS ASSOCIATION
a Washington corporation
By:
Jeffrey L. Oliphant, President
A notary public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF _________________________
COUNTY OF _______________________
On _________________, 2020, before me,
_____________________________________, Notary Public, personally appeared Jeffrey L.
Oliphant, satisfactorily proven to me to be the person whose name is subscribed to the within
instrument and acknowledged that he executed the same in his authorized capacity, and that by
his signature on the instrument the person(s), or the entity upon behalf of which he acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
__________________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________
SIGNATURE OF NOTARY
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da03es01qr
EXHIBIT D
[Withdrawal of Appeal and Release]
Page 92 of 96
WITHDRAWAL OF APPEAL
AND RELEASE
For good and valuable consideration spelled out in more detail in the Amended and Restated
Development Agreement between the City of Auburn, Lexi LLC, and Auburn Professional Plaza, LLC
dated _________________, the receipt of which is acknowledged, Lexi, LLC, its affiliates, successors, and
assigns, agrees as follows:
1.Except as set forth herein, the permit applications designated on Attachment 1 hereto related to the
development of parking lots on Auburn Way North, C St. NW, and A St., all in the city of Auburn, are
withdrawn as of the date of this document. All other permit applications by or on behalf of Lexi, LLC
on file with the City of Auburn shall remain active and shall be processed in the ordinary course of
business.
2.All appeals related to the permit applications designated on Attachment 1 hereto are withdrawn, and
Lexi agrees to prepare and submit a joint motion to dismiss the appeals with prejudice not later than 10
working days after the effective date of the Amended and Restated Development Rights Agreement.
3.Lexi, LLC releases and forever discharges the City, its officials, attorneys, employees, and agents from
every claim, demand, and cause of action whatsoever, of every kind and nature, whether presently
known or unknown, suspected or unsuspected, arising or alleged to have arisen as a result of or in
connection with the permits designated on Attachment 1 hereto, whether based in tort, contract, civil
rights, delay of development, and/or any other theory of recovery, and excepting only the obligations
created by the Amended and Restated Development Agreement.
4.Lexi, LLC reserves the right and neither the withdrawal of the permit applications designated on
Attachment 1 hereto, the dismissal of the appeals referenced in paragraph 2 hereto, nor anything herein
shall prohibit Lexi, LLC from filing with the City new future applications (and associated requests for
permits, variations, deviations and the like) concerning the Alley Lots and/or the C Street Parcels, that
contain requests that were part of the withdrawn permit applications and dismissed appeals, and the
foregoing release (Paragraph 3) shall not apply to such new future applications. Any such new future
filing shall be governed by the laws and regulations in effect at the time of such filing.
____________________________________________
Lexi, LLC by __________________________________
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Record #Status Result Source Type Address
FAC19-0008 REVIEW RETURNED LEXI LLC: C STREET PARKING LOT Project Description FACILITYEXTEN 15 C ST NW AUBURN
MIS19-0003 IN REVIEW LEXI, LLC: NEW SURFACE PARKING LOT Project Description MISCELLANEOUS 15 C ST NW AUBURN
SDR19-0005 DENIED LEXI LLC: C STREET PARKING Project Description STREET DELAY REQUEST 15 C ST NW AUBURN
SDR19-0009 VOID/WITHDRAWN LEXI, LLC: C STREET LOTS Project Description STREET DELAY REQUEST 15 C ST NW AUBURN
DEV19-0017 APPROVED C ST PARKING DRIVEWAY LOCATION Project Description DEVIATION 15 C ST NW AUBURN
FAC19-0007 REVIEW RETURNED LEXI LLC AUBURN WAY PARKING LOT Project Description FACILITYEXTEN 206 AUBURN WAY N AUBURN
MIS19-0002 IN REVIEW LEXI, LLC: NEW SURFACE LOT PARKING Project Description MISCELLANEOUS 206 AUBURN WAY N AUBURN
SDR19-0004 DENIED LEXI LLC AUBURN WAY PARKING LOT Project Description STREET DELAY REQUEST 206 AUBURN WAY N AUBURN
DEM19-0013 HOLD LEXI, LLC: DEMO MULTIFAMILY BLDG & GARAGE Permit Description DEMOLITIO 206 AUBURN WAY N AUBURN
SDR19-0006 DENIED LEXI LLC: A STREET PARKING Project Description STREET DELAY REQUEST 10 2ND ST SW AUBURN
FAC19-0009 REVIEW RETURNED LEXI LLC: A-STREET PARKING LOT Project Description FACILITYEXTEN 222 A ST SW AUBURN
MIS19-0004 IN REVIEW LEXI, LLC: NEW SURFACE PARKING LOT Project Description MISCELLANEOUS 222 A ST SW AUBURN
SEP19-0005 IN REVIEW LEXI, LLC: NEW SURFACE PARKING LOT Project Description SEPADETERMINATION 222 A ST SW AUBURN
SDR19-0008 VOID/WITHDRAWN LEXI, LLC: ALLEY LOTS Project Description STREET DELAY REQUEST 222 A ST SW AUBURN
DEV19-0016 DENIED A ST PARKING DRIVEWAYS Project Description DEVIATION 222 A ST SW AUBURN
C Street NW Lots (Norbe+ Lots)
Auburn Way North Lot
A Street SW Lots (Alley Lots)
Attachment 1
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Memorandum
To: City Council
From:
Dana Hinman, Director of Administration
Kendra Comeau, City Attorney
Doug Ruth, Assistant City Attorney
Date:
January 9, 2020
Re:
“Mel’s Lot” – Amendments to Development and Other Agreements
Staff seeks Council’s authorization for the Mayor to sign agreements amending an existing
development agreement, parking easement agreement, and miscellaneous documents related
to the City Hall Annex. The purpose of this memorandum is to provide background information
related to these documents.
BACKGROUND
In 2009, the city entered into an agreement with Auburn Professional Plaza, LLC (“APP”).
Under that agreement, APP would build what was to become the One Main Plaza Building
and the City would lease certain units in that building, with an option to buy those units.
Parking for the City units was provided off-site in an APP-owned parking lot at the corner of 1st
Street NW and A Street NW. This is commonly referred to as the “Mel’s Lot” because it was
the site of the former Mel’s Lumber company.
The City exercised its option to purchase in 2010. As part of that purchase, APP conveyed the
Mel’s Lot to the City, but kept the right to develop the lot for 10 years. The Development Rights
Agreement (“DRA”) gave APP two options. It could replace parking on the Mel’s Lot, or it could
substitute new parking, as long as the substitute parking was within 1000’ of the One Main
Plaza Building. The DRA requires the City to convey title of the Mel’s Lot to APP once APP
has met certain conditions designed to show that the City can issue Lexi permits to construct
its proposed project, and that it has the financial ability to construct those projects.
APP filed certain permit applications In October 2017 to develop the Mel’s Lot into a medical
office building and a four-story parking structure. It filed additional permit applications through
2018.
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City Council
Mel’s Lot Agreements
Page 2 of 2
In January 2019, APP formally notified the City that it intended to exercise its right to develop
the property under the DRA, and that it was exercising Option 2, to substitute parking instead
of replacing it on-site.
Meanwhile, in February 2019 Sound Transit authorized acquisition of the Mel’s Lot to construct
a new parking garage on that site.
Throughout 2019, APP took several actions in support of its development. It assigned its rights
under the DRA to a new entity, Lexi LLC (“Lexi”). It modified its development plan to be
conducted in two phases: installation of decorative railroad signs, followed by construction of
the medical office building and parking garage. Lexi also filed permits for development of the
substitute parking lots. These permits are in various stages of processing. Some have been
approved, others are on hold pending certain appeals.
CURRENT ACTION NEEDED
The DRA requires Lexi and the City to take certain administrative actions, including amending
the Development Agreement to reflect the choices made by Lexi, and to amend other related
documents, such as the Parking Easement. Most of the proposed amendments are ministerial
– they will just reflect the decisions Lexi has already made in exercising its development rights.
However, there are a few changes that are substantive.
1. Lexi exercised its choice to construct substitute parking off the Mel’s Lot and on to two
separate properties that are each within the 1000’ feet allowed. With Sound Transit’s clear
statement that it intends to build the replacement parking in the new structure on the Mel’s Lot,
Lexi asks the City to allow it to withdraw that choice.
2. The Original DRA gives Lexi the sole right to negotiate terms of acquisition of the property.
The parties have agreed that, while Lexi has the right to negotiate for its fee interest, both the
City and APP will have the right to negotiate directly with a condemning agency any
compensation that may be owed for their interests as owners of condominium units.
3. Lexi also agrees to remove the condition in both the DRA and the Parking Easement that
allows it to move locate the parking on property other than the Mel’s Lot.
Staff recommends Council authorize the Mayor to sign agreements necessary to amend the
existing agreements.
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