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HomeMy WebLinkAboutCAG1999-0099 - Original - Central Puget Sound Regional Transit Authority - Commuter Rail Station Parking Structure - 12/16/1999 COMMUTER RAIL STATION PARKING STRUCTURE INTERLOCAL AGREEMENT THIS AGREEMENT ("Agreement"), is made and entered into this /G day of 1999, by and between CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY ("SOUND TRANSIT"') and the CITY OF KENT (the "City") (collectively,the"Parties"). I. RECITALS WHEREAS, Sound Transit is a duly organized regional transit authority existing under Ch. 81.104 RCW and Ch. 81.112 RCW and has all powers necessary to implement a high capacity transportation system; and WHEREAS, the City of Kent is a Municipal Corporation operating under Ch. 35A RCW, and is responsible for administering state and local land use laws and development regulations that apply to development in the city. The City is also responsible for managing streets and municipal utilities within its jurisdiction and for providing municipal services, such as public safety; and WHEREAS, on November 5, 1996, central Puget Sound area voters approved local funding for Sound Move, Sound Transit's ten-year regional transit plan. The plan includes three new types of regional transportation— "Link" electric light rail, "Sounder" commuter rail, and a "Regional Express"bus/HOV system—that will be integrated with local transit systems and use a single, regional fare structure; and WHEREAS, Sound Transit intends to begin commuter rail services between Seattle and Tacoma in late 1999 with service to North Pierce County and South King County, including the City; and WHEREAS, the commuter rail system includes development of a commuter rail station within the City of Kent together with any ancillary facilities, such as commuter parking, passenger drop off zones, and bus, auto, bicycle and pedestrian access facilities ("Commuter Rail Station"); and WHEREAS, Sound Transit evaluated the environmental impacts of two alternative Commuter Rail Station locations ("north" and "south" downtown) in the City of Kent, both of which included surface parking facilities, in an Environmental Assessment (EA) issued by the Federal Transit Administration (FTA); and WHEREAS, in February, 1998, the Kent City Council adopted a motion stating a preference for a structured parking facility ("Parking Garage") instead of surface parking at the Commuter Rail Station; and WHEREAS, in March 1998 the City asked Sound Transit to delay the identification of a preferred station site in the City, so that the City could explore funding options that would enable a Parking Garage to become part of the downtown station site; and WHEREAS, the City's request stated the City's understanding that Sound Transit's budget for commuter rail stations does not include funding for parking structures; that the City could contribute additional funding to the project budget to ensure that a parking structure for commuter parking could be designed and constructed as part of a station project; and that, absent the City successfully securing funding for a parking structure, Sound Transit would proceed with station site selection using its estimates of the lowest and best cost; and WHEREAS, in May 1998, the City acted affirmatively to finance the City's share of construction cost of a parking structure, adopting a motion authorizing a contribution of up to four million dollars using LTGO (Councilmanic) bonds for such a parking facility, and directing City staff to aggressively pursue other funding sources; and WHEREAS, in June 1998, the Sound Transit Board selected the "north" commuter rail station site in the City and also determined that the north station site should include a Parking Garage for 500 or more parking spaces, pending additional environmental review and the City's participation in funding the Parking Garage; and WHEREAS, Sound Transit prepared a supplemental EA evaluating the environmental impacts of four alternative locations in the vicinity of the north station site for the Parking Garage; and WHEREAS, on December 10, 1998, following the completion of federal and state environmental review, Sound Transit selected the site for the Parking Garage; and WHEREAS, this Agreement specifically relates to development of a Parking Garage in conjunction with the Commuter Rail Station (the "Project"); and WHEREAS, Sound Transit and the City previously entered into a "Commuter Rail Project Interlocal Agreement," dated April 9, 1998, ("Project Interlocal Agreement') (copy attached and incorporated by reference herein) which establishes procedures for planning, coordinating, and cooperating in the development and implementation of the Commuter Rail Station in the City, and to ensure that the Parties' shared goals are met and that the Commuter Rail Station is developed on schedule and within budget; and NOW, THEREFORE, in consideration of the covenants and assurances set forth herein, it is mutually agreed as follows: II. TERMS AND CONDITIONS A. Project Description. The Parties agree on the following project description: The Parking Garage will be located on 2.4 acres on the northwest corner of Smith Street and First Avenue in downtown Kent. Preliminary plans for the Parking Garage show a total of 680 2 parking spaces in three levels with 4,650 square feet of retail space at the ground floor. The remaining 131 parking spaces will be provided at the station in surface parking lots. The three- level parking garage will be approximately 36 feet high, with elevator towers extending to approximately 43 feet. Access to and from the garage for vehicles will be by means of a driveway from Second Avenue extending from Smith Street, and from a driveway on the north side of the garage from Temperance Street. Access to and from the garage for pedestrians will be by means of two entryways/stairwells, one on the First Avenue side, at the northeast comer of the structure, and the other on the Smith Street side on the southwest corner of the structure. Parking for persons with disabilities will be provided on the ground floor of the garage to allow for barrier-free access to the platforms at the commuter rail station. B. Property Acquisition and Ownership. Sound Transit will acquire by purchase and/or condemnation all property necessary for the development of the Parking Garage at the Commuter Rail Station. Sound Transit will thereafter own, operate, and maintain the same at its own cost and expense. C. City Funding. The City will pay Sound Transit the sum of Four Million Dollars ($4,000,000.00) toward the design and development of the Parking Garage at the Commuter Rail Station which will contain 680 or more parking stalls. The remaining parking spaces required are to be developed as surface parking (using the alternative location identified by Sound Transit and the City, and the design configuration developed pursuant to section G, below). D. Sound Transit Funding. The 1998 budget adopted for Sound Move includes $6.7 million (YOE) for development of a downtown City of Kent Commuter Rail Station. This budget amount covers all development costs, including administration, environmental review, staff costs, design, property acquisition and relocation costs, in addition to construction, mitigation and contingencies for the Commuter Rail Station site. The Commuter Rail Station project as proposed and budgeted by Sound Transit contains only surface parking. It does not include a Parking Garage as part of the project. The City has requested, and Sound Transit has agreed, by board action (Motion No. 98-43) on June 11, 1998, to provide a Parking Garage for at least 500 parking spaces of the parking at the Commuter Rail Station. E. Timing of City Payment. The City will pay Sound Transit for the cost of the Parking Garage (as determined in subsection C above) in two installments. The first installment consisting of Two Million Dollars ($2,000,000.00) will be paid to Sound Transit within 30 days of the issuance of a building permit for the construction of all or any portion of the Parking Garage. The second installment of Two Million Dollars ($2,000,000.00) will be paid upon completion of the Parking Garage and the issuance of a certificate of occupancy. Notwithstanding the City's financial contribution to the development of the Parking Garage, Sound Transit will be the sole owner and operator of the Parking Garage, subject to the terms of this Agreement. F. Parking Garage Use. Sound Transit and the City agree that, in conjunction with commuter rail use, the Parking Garage may also be used by the City for parking by the general public for non-rail purposes, subject to terms and conditions to be established by a later use agreement to be developed by the Parties. The Parties anticipate that the use agreement will 3 allow for such non-rail commuter uses as parking for performances at a performing arts center or use by local Kent Market patrons. The Parties also anticipate that parking in the Parking Garage will initially be free to all users of the facility. Sound Transit's policy regarding parking fees is yet to be determined and will be addressed in the future use agreement to be mutually developed and agreed upon by both parties. G. Garage Design. Sound Transit will solicit and consider from the City input as to the design size and features (such as ground floor retail) of the Parking Garage. City and public input regarding design may be received directly or through the Technical Advisory Committee process. Sound Transit will provide for the City's review complete sets of design and engineering plans for the Parking Garage at 30%, 60% and 90% completion. Sound Transit is ultimately responsible for determining the size and design of the Parking Garage with approval by the City as to final design, which approval will not be unreasonably withheld. Sound Transit recognizes that the City has a formal Downtown design review process pursuant to KCC 15.09.048 and that the Parking Garage will be subject to that process. H. Environmental Review. Sound Transit prepared a supplemental Environmental Assessment (EA) for the Parking Garage to comply with the requirements of the National Environmental Policy Act and adopted that EA to comply with its obligations as lead agency for the project under the State Environmental Policy Act (SEPA). The City acknowledges that environmental review for the parking garage has been completed under SEPA given the information presently before it, and that unless additional review is deemed necessary pursuant to WAC 197-11-600(3)(b)(ii), no further environmental review is required. I. Permits and Approvals. Sound Transit will be responsible for obtaining all permits and approvals necessary to construct and operate the Parking Garage. Consistent with the Project Interlocal Agreement previously executed between the Parties, the City agrees to expedite the process for reviewing the permits for the Parking Garage and Commuter Rail Station. The City also agrees not to assess Sound Transit any additional fees (other than those allowed in the City's fee schedule) for the City's expedited review. I Mixed Use. Sound Transit and the City agree to analyze the feasibility of including a retail component as a mixed use to the Parking Garage. Sound Transit will have the final decision on whether or not to provide for retail use. If mixed used is provide for in the Parking Garage, Sound Transit will have the sole right to revenues generated from that use and may use such revenues to offset operating costs or for other purposes. K. Street, right-of-way and easements. The Parties anticipate that vacation of City streets, rights-of-way, or easements may be necessary to provide appropriate site(s) for the Parking Garage. Expedited submittal and review of vacation petitions will therefore be critical to keeping the project on schedule. Consistent with the Project Interlocal Agreement between the Parties, the City reaffirms its commitment to coordinate and facilitate an expedited process for any necessary street vacations. The City agrees that it will not charge Sound Transit extra for such expedited review; however, the City may charge its standard fees, costs, or expenses, if any, that may apply to street vacations pursuant to City policies. 4 L. Grant application -joint sponsorship. Sound Transit and the City agree that it may be in the Parties' interest to jointly apply for grant funding for development or enhancement of the Commuter Rail Station (including the parking garage). Where the Parties determine that such joint application is appropriate, Sound Transit and the City will join in the sponsorship of the grant application on such terms, if any, as the Parties later establish. All funds received as a result of such a joint application will be used for development or enhancement of the Commuter Rail Station and related improvements, as agreed upon by Sound Transit and the City. In the case of grant funds applicable to the development or enhancement of the station for which only one of the parties is eligible, the other party agrees to indicate its support of the other party's grant application in a timely and appropriate manner. III. MISCELLANEOUS A. Dispute Resolution. Sound Transit and the City shall use their best efforts to resolve disputes and issues arising out of or related to the tasks covered by this Agreement consistent with the dispute resolution process set out in this Agreement between the Parties. Disagreements will be resolved promptly and at the lowest level of hierarchy. If such processes do not resolve a dispute, the Parties will rely on mediation in a format similar to the following and as agreed upon by the Parties. 1. The Designated Representatives, as identified in the Project Interlocal Agreement, shall communicate regularly to discuss the status of the activities covered under this agreement and to resolve any issues or disputes related to the successful performance of this Agreement. The Designated Representatives will cooperate in providing staff support to facilitate the performance of this Agreement and the resolution of any issues or disputes arising during the term of this Agreement. 2. Each Designated Representative shall notify the other in writing of any problem or dispute that the Designated Representative believes needs formal resolution. The Designated Representative shall meet within five (5) business days of receiving the written notice in an attempt to resolve to dispute. 3. In the event the Designated Representatives cannot resolve the dispute, the Sound Transit Commuter Rail Director and the Mayor of the City or their designees shall meet and engage in good faith negotiations to resolve the dispute. 4. The parties agree that they shall have no right to seek relief under this Agreement in a court of law until and unless each of the above procedural steps is exhausted. B. Fully Executed. This Agreement is effective when fully executed following approval by each party's respective governing body. This agreement may be executed in duplicate originals. C. Entire Agreement. This Agreement, including its Recitals and Attachments, embodies the Parties' entire agreement on the issues covered by it, except as supplemented or amended by subsequent written agreements by the Parties. All prior negotiations and draft 5 written agreements are merged into and superseded by this Agreement. D. Severability. If any portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, the remaining terms and provisions unaffected thereby shall remain in full force and effect. The laws of the State of Washington shall govern this Agreement. SOUND TRANSIT CITY OF KENT By: �1 � By: n Name: Name: M rE Title: Title: 4 Date: Date: Lc)— �G --9 g APPROVED AS TO FORM: APPROVED AS TO FORM: ROI&ER A. LUB MANDIE BARNES LYLE CITY ATTORNEY LEGAL COUNSEL N:\SounderCom on\CR-Batey\Puking Gwage.Vemionldm 6