Reso 3664 SIGNED
RESOLUTION NO. 3664 A RESOLUTION of the Port Commission of the Port of Seattle approving the First Amendment of the Interlocal Agreement between the City of Auburn and the Port of Seattle to transfer approximately 55 acre feet of surplus oodplain storage credit to the City of Auburn and authorizing conveyance of a permanent easement to the City of Auburn. WHEREAS, on March 18, 1998, the Port of Seattle ("Port") and the City of Auburn ("City") entered into an Interlocal Agreement ("ILA") regarding wetland construction, infrastructure improvements and property transfer on the real property ("Property") located in the City and purchased by the Port to provide off-site mitigation of wetland impacts for the construction of the third runway at Seattle-Tacoma International Airport; and WHEREAS, the Property is owned by the Port and described on the attached exhibit 6'A93; and WHEREAS, the First Amendment to the ILA is attached as exhibit "B"; and WHEREAS, the Port and the City anticipated that once the permitting process for the third runway was completed, Port would convey to the City excess ood storage capacity located on the Property that was not needed to mitigate adverse impacts from the construction of the third runway for mitigation of oodplain development and adverse oodplain impacts from other private development located in the City; and WHEREAS, Chap. 39.33 RCW provides that the Port may "sell, transfer, exchange, lease or otherwise dispose of any property to the state or any municipality or any political subdivision thereof and . .. on such terms and conditions as may be mutually agreed upon. . ."; WHEREAS, RCW 39.33.020 allows the Port to declare real property surplus and no longer needed for port district purposes and to transfer a portion of the oodplain storage capacity credit to the City: and WHEREAS, on December 28, 2011, a qualied appraiser estimated the value of the excess oodplain credit on the Property that would be conveyed to the City pursuant to the First Amendment to the ILA to be $1,493,680; and WHEREAS, the First Amendment to the ILA will transfer approximately 55 acre feet of oodplain storage credit to the City and retain approximately 11.2 acre feet of oodplain storage credit to accommodate future development on the Property; and WHEREAS, the Port will convey a permanent easement to the City of Auburn on the Property for utilization of the oodplain storage credit; and WHEREAS, the Port of Seattle Commission have discussed and considered the proposed property transfer in light of all comments by members of the public at the public hearing; NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle that: Section 1. The 55 acre feet of oodplain storage capacity located on the Property described in exhibit A is no longer needed for Port purposes and is declared surplus to Port needs. Section 2. The Chief Executive Ofcer is authorized to take all steps and execute all documents necessary to execute the First Amendment to the ILA, in substantially the same form as shown in exhibit B, to transfer excess ood storage capacity located on the Property to the City and to convey a permanent easement to the City to allow the Property to be utilized for ood storage capacity. ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof, held this I 0% day of 074 I Y , 2012, and duly authenticated in open session by the signatures of the Commissioners voting in favor thereof and the seal of the Commission. GAEl. TARLETON Port Commission IST Amendment To Interlocal Agreement Between City of Auburn and Port of Seattle Regarding Wetlands Construction, Infrastructure Improvements, and Property Transfer THIS lsr AMENDMENT TO an INTERLOCAL AGREEMENT dated March 18, 1998, is made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the 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 ofthe State ofWashington ("Port"). WIINESSETH: WHEREAS, the Parties entered into an Interlocal Agreement on March 18, 1998 ("Agreement") for the purpose of addressing the Port's conversion of the property owned by the Port ("Property") and identied in the City's comprehensive plan for residential development to uses that would not be residentially developed and would not share in the extension of public infrastructure since the property was proposed as mitigation for the lling of certain wetlands at the Seattle-Tacoma International Airport; and, WHEREAS, the Property was specically constructed by the Port for Wetland Mitigation purposes. In response to learning ofthe Port's plans, the City requested and the Port agreed to construct the wetland mitigation deeper in order to create additional ood storage that could benet the City and other properties in the area as a way to partially compensate the City for the loss of development potential ofthe site and lost opportunity for nancial participation in the iture extension ofroads 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 right-of- way alignment, utilities, and ood plain capacity control. It was agreed to by the Parties not to nish the negotiation at that time as it would have delayed City permits being issued for the Port's construction ofthe wetlands that were required in order to advertise the project. A delay in advertising could have caused a one to three year delay in the project and would have caused problems with the third runway development at the Seattle-Tacoma International Airport. Subsequently the issues relating to rightsof-way and utilities were handled outside ofthe Inter-local agreement. The remaining issue, ood plain capacity, is the subject ofthis Amendment to the Interlocal Agreement. WHEREAS, in addition to creating additional ood storage capacity on the Property, the Port paid Auburn $442,000 specically for lost development potential of the Property and specically the lost opportunity for nancial participation in the future extension ofroads and utilities and $180,000 for lost storm and sanitary sewer system development charges; and, WHEREAS, the City agreed to, and did, defer use of the ood storage capacity during the period of initial establishment of the wetland mitigation to avoid adverse impacts due to potential changes in hydrology from use ofthe oodplain; and Port of Seattle-City ofAuburn 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 ofnew 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 that FEMA'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 Port 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 000420-0006, 936060-0258, and 936060-0260. In the event that the FEMA does not approve the CLOMR, or ifFlood 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 storage 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 ood 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 ofAuburn Amendment 1 to Interlocal for Wetlands, etc. Page 2 of 3 assigning use of the newly created ood storage capacity, the consideration exchanged for the original Agreement was suicient for that purpose, therefore no additional consideration is due from the City to the Port for the execution ofthis 1St Amendment. 5. The City also agrees to use the ood storage capacity in its current constructed form for the purpose of mitigating iture oodplain lling. No site alteration is proposed for the City's use unless such alteration is agreed to in writing by the Port. Neither party makes any representations or guarantees concerning the ood storage volumes that may be available on the Property, nor does either party bear any responsibility to alter the Property to create additional ood capacity. 6. The Port declares the excess created ood storage capacity in the Property described in this 1St Amendment to be surplus for Port purposes. IN WITNESS WHEREOF the Parties hereto have executed this Amendment to the Agreement as ofthe day and year rst above written. PORT OF SEATTLE CITY OF AUBURN By: Tay Yoshitani Peter B. Lewis ChiefExecutive Ofcer Mayor Port 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
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