6a Attach 1
ITEM NO. 6a Attach 1 DATE OF MEETING Jul 10 2012 ' 15'T Amendment To Interlocal Agreement Between City of Auburn and Port of Seattle Regarding Wetlands Construction, Infrastructure Improvements, and Property Transfer THIS IST AMENDMENT To an INTERLOCAL AGREEMENT dated March 18, of the 1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 Revised Code of Washington, on the day of , 2012, by and between the CITY OF AUBURN, a municipal corporation of the State of Washington "City"), and the PORT OF SEATTLE, a municipal corporation of the State of Washington ("Port"). WITNESSETH: 1998 WHEREAS, the Parties entered into March an Interlocal Agreement on 18, of the property owned by the ("Agreement") for the purpose of addressing the Port's conversion residential development to Port ("Property").and identied in the City's comprehensive plan for and would not share in the extension of public uses that would not be residentially developed infrastructure since the propeity was proposed as mitigation for the lling of certain wetlands at the Seattle-Tacoma International Aiip01t; and, WHEREAS, the Property was specifically constructed by the Port for Wetland Mitigation the Port's plans, the City requested and the Port agreed to purposes. In response to learning of ood storage that could benet construct the wetland mitigation deeper in order to create additional the loss of the City and other properties in the area as a way to partially compensate the City for in the future development potential ofthe site and lost opportunity for nancial participation extension of roads and utilities, which is typically a requirement of development; but not applicable to wetland mitigation construction; and WHEREAS, In 2003, the Parties had several additional issues to address including rightof ood plain capacity control. It was agreed to by the Parties not to way aligmnent, utilities, and P01t's nish the negotiation at that time as it would have delayed City permits being issued for the construction of the wetlands that were required in order to advertise the prOject. A delay in and would have caused advertising could have caused a one to three year delay in the project International Aliport. problems with the third runway development at the Seatt1e~Tacoma handled outside of the Interlocal Subsequently the issues relating to rights-ofway and utilities were the subject ofthis Amendment to the agreement. The remaining issue, ood plain capacity, is Interlocal Agreement. the WHEREAS, in addition to creating additional ood storage capacity on the Property, and Port paid Aubum $442,000 specically for lost development potential of the Property in the future extension of roads and specically the lost opp01tunity for nancial participation utilities and $180,000 for lost storm and sanitary sewer system development charges; and, the WHEREAS, the City agreed to, and did, defer use of the ood storage capacity during adverse impacts due to potential period of initial establishment of the wetland mitigation to avoid changes in hydrology from use of the oodplain; and Port of SeattleCity of Auburn Amendment 1 to Interlocal for Wetlands, etc. Page 1 of 3 WHEREAS, as part of the Agreement, the Parties intended that the City have control over use of new ood storage capacity that was created on the Property to mitigate oodplain lling by the City or other private development designated by the City; and, WHEREAS, the Agreement did not specically reect the Parties' intent regarding control of the new ood storage capacity, and the Parties wish to clarify that intent through this Amendment. NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. Section 6 of the Agreement is hereby amended by designating the existing Section as Subsection 6.1 "Floodplain Change" and by adding a new Subsection 6.2 "Control of Created Flood Storage Capacity" to read as follows: 6.2 Control of Created Flood Storage Capacity. 1. As a result 'of the Port's construction of wetlands, oodplain volume was created on the Property as indicated in the Federal Emergency Management Agency Conditional Letter of Map Revision application ( FEMA CLOMR) prepared for the City by Parametrix, dated July 2007 and as may be subsequently amended. (Attached as Exhibit A and incorporated herein). This CLOMR application is based on the 1995 FEMA Flood Insurance Rate Maps currently in effect at the date of this 1St Amendment. The parties acknowledge that FEMA has not approved the CLOMR, and thatFEMA's failure to do so may affect the ability of either party to use the ood storage capacity created by the Port's construction ofwetlands. 2. The Po1t has the right to use 17% of the created ood storage capacity (11.2 acre feet based on the 2007 CLOMR application) to mitigate potential future oodplain lling on Port owned parcels 0004200006, 936060-0258, and 936060-0260. In the event that the FEMA does not approve the CLOMR, or if Flood Insurance Rate Maps are revised in the future and prior to fully completing the process for use of the ood storage capacity, the Port has the right to use the same proportionate share (17%) of any available ood storage capacity In the. event that the Port or its successors in interest use this ood sterage capacity, the City will expedite the processing of all required City permits at no cost for the expedited review to the Port or to its successors in interest. City standard application fees will apply. In addition, the City will cooperate in the processing of any required oodplain map revisions for the Property, but shall'not, by this agreement, be responsible for any costs in excess of its usual costs ~ . 3. The City has the right to control the Use of any remaining ood storage capacity, in excess of the Port's,' proportionate percentage of flood storage capacity existing on the Property, including but not limited to, the right to allow private parties to use part or all of the capacity. The Parties agree to cooperate to execute any documents necessary to effectuate the intent ofthe Agreement and this Amendment. 4. The Parties agree that, because they originally intended for the City to have control of Port of Seattle-City of Auburn ' Amendment 1 to Interlocal for Wetlands, etc. Page 2 of3 the consideration exchanged for assigning use of the newly created ood storage capacity, V additimial consideration the original Agreement was sufcient for that purpose, therefore no lst Amendment. is due from the City to the Port for the execution of this constructed form for the 5. The City also agrees to use the ood storage capacity in its current lling. No site alteration is propOsed for the City's pulpose of mitigating future oodplain is agreed to in writing by the Port. Neither party makes any use unless such alteration volumes that may be available representations or guarantees concerning the ood storage does either party bear any responsibility to alter the Property to on the Property, nor create additional ood capacity. described in this 6. The Port declares the excess created ood storage capacity in the Property 1St Amendment to be surplus for Port purposes. Amendment to the Agreement as IN WITNESS WHEREOF the Parties hereto have executed this ofthe day and year rst abovewritten. I PORT OF SEATTLE CITY OF AUBURN By: Tay Yoshitani ' Peter B. Lewis _ ChiefExecutive Ofcer Mayor P01t of Seattle City ofAuburn Attest: Danielle Daskam, City Clerk ' Approved as to Form: Daniel B. Heid, City Attorney Port of Seattle-City of Auburn Amendment 1 to Interlocal for Wetlands, etc. Page 3 of 3
Limitations of Translatable Documents
PDF files are created with text and images are placed at an exact position on a page of a fixed size.
Web pages are fluid in nature, and the exact positioning of PDF text creates presentation problems.
PDFs that are full page graphics, or scanned pages are generally unable to be made accessible, In these cases, viewing whatever plain text could be extracted is the only alternative.