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.
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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.
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