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HomeMy WebLinkAboutCAG1994-0569 - Original - King County - 272nd/277th Avenue SE North Corridor Road Establishment Agreement - 01/04/1994 272ND/277TH AVENUE S.E. NORTH CORRIDOR ROAD ESTABLISHMENT AGREEMENT BETWEEN THE CITY OF KENT, WASHINGTON AND KING COUNTY, WASHINGTON THIS AGREEMENT is made and entered into by and between the City of Kent, Washington, a Washington municipal corporation ("City") and King County, Washington ("County") . RECITALS Whereas, the City desires to construct a roadway, the 11272nd/277th Avenue Corridor - North Leg" ("North 277th Corridor") , in a portion of unincorporated King County; and Whereas, the City' s North 277th Corridor proposal lies within the City' s projected urban growth area, as proposed under the State Growth Management Act; and Whereas, the City has commenced the process to design and construct the North 277th Corridor roadway and has completed its environmental review under the State Environmental Policy Act; and Whereas, no right-of-way currently exists over a portion of the area proposed for the City's North 277th Corridor proposal project; and Whereas, the City, has petitioned the County to establish the road right-of-way along the preferred alignments selected by the City; and Whereas, the City has submitted the appropriate plans and descriptions for the North 277th Corridor proposal to the County' s Department of Public Works, Roads and Engineering Division; and Whereas, the County' s Department of Public Works, Roads and Engineering Division, has approved the City's preferred road alignment and descriptions; and Whereas, the City' s proposed North 277th Corridor road establishment has been considered by the King County Council Transportation Committee, which recommended establishment of the North 277th Corridor alignment at a special meeting held on Wednesday, October 27 , 1993 ; and Whereas, the County Council at its regular meeting held on December 13 , 1993 , considered the City' s proposed North 277th Corridor proposal and established the City' s preferred road alignment on the condition that the City and County enter into this Agreement, which establishes certain rights, liabilities, and obligations on the part of the City and on the part of the County. NOW, THEREFORE, in consideration of the King County Council ' s approval of the establishment of the North 277th Corridor roadway in unincorporated King County, King County and the City of Kent agree to comply with the following conditions throughout the duration of this Agreement: AGREEMENT A. Conditions to Be Met by the City of Kent. 1. Within 180 days of the effective date of this Agreement, the City of Kent shall provide the County a financial plan on how it will finance the proposed North 277th Corridor improvements to completion. The City will provide financing for design, right-of-way acquisition and construction of the City's North 277th Corridor Interlocal K Page 2 of 11 Rev: 12/29/93: rj proposed North 277th Corridor improvements with no anticipated County funding participation. 2 . Within 180 days of the effective date of this Agreement, the City shall prepare a contingency plan in the event that the City' s North 277th Corridor funding is revised leaving the City unable to proceed with the North 277th Corridor project. 3 . The City shall acquire adequate right-of-way for the North 277th Corridor to provide for the construction of a five lane facility; provided, that during the intermediate design 35% completion phase of the project, a feasibility study is performed which analyzes utilization of two lanes for high occupancy vehicles. 4 . The City shall design the west terminus of its North 277th Corridor project so as to be consistent with options set forth in the County's proposed Southeast 272nd/277th Corridor proposal and will submit the design to King County for review. 5. The City will cooperate with other jurisdictions to develop plans for constructing a widened and grade separated roadway west of the North 277th Corridor west terminus. The County shall coordinate the development of these plans with the City of Auburn and the valley commuter rail sponsors during the preparation of the Environmental Impact Statement for the County's proposed Southeast 272nd/277th Corridor. 6 . The City shall design the North Corridor project, to the extent practicable, to meet all of King County' s applicable environmental, land use and road standards. Kent shall follow established County procedures to obtain approval of any necessary variances or exceptions to those standards. The North 277th Corridor interlocal K Page 3 of 11 Rev: 12/29/93: rj design of the City' s North 277th Corridor project shall place an appropriate emphasis on protection of adjacent neighborhoods and the provision of landscaping, noise buffers, glare reduction from lights, pedestrian walkways, bicycle lanes, and safe access to protect the future integrity of the road to the extent such emphasis is consistent with the mitigation commitments in the City' s Environmental Impact Statement for its North 277th Corridor project. 7. Prior to submitting to the King County Department of Development and Environmental Services ("DDES") for applicable permits associated with the construction of the City' s North 277th Corridor project, the City shall initiate value engineering and prepare additional analysis, as necessary thereto. B. Conditions to Be Met by King County. 1. King County shall include analysis of the proposed transportation network during preparation of the EIS for the Southeast 272nd/277th Corridor. Access requirements from adjacent properties to the County' s corridor project from existing roadways will be analyzed. Establishment of routes to provide reasonable access to the corridor will also be addressed in the EIS. 2 . The King County Department of Development and Environmental Services shall cooperate with the City of Kent to facilitate timely review and action on applicable permits for the City' s North 277th Corridor project and shall consult with the Department of Public Works, Roads and Engineering Division, as to the suitability of the City' s proposed design to assure best management practices to protect the water quality and fish in the Green River, to meet applicable King County's sensitive areas ordinance policies for erosion control and slope stability, and North 277th Corridor Interlocal K Page 4 of 11 Rev: 12/29/93: rj to assure that surface water drainage control and grading measures will be implemented during and after construction in order to mitigate any environmental impacts. C. Conditions to Be Met by the City of Kent and King County. 1. The King County Council ' s Transportation Committee will be updated on the status of the City's North 277th Corridor project and the County' s proposed Southeast 272nd/277th Corridor project on a semi-annual basis, or more frequently upon request of the County' s Transportation Committee. 2 . The City agrees to continue to involve the King County Citizen Advisory Committee ("CAC") for the County' s Southeast 272nd/277th Corridor proposal in the development of the City' s project. The City also agrees to hold two public meetings on its North 277th Corridor project at the thirty-five (35%) percent and ninety-five (95%) percent completion phases of its project design. In addition, the City agrees to inform the local community of its North 277th Corridor activities and construction schedules by publishing a quarterly newsletter. 3 . The City will continue its efforts in Transportation Demand Management and will continue to work with adjacent jurisdictions and the State of Washington to assure mobility so that latent demand does not replace the existing Central Business District ("CBD") traffic that is projected to use the City' s proposed North 277th Corridor roadway. 4 . The City and the County will continue to participate in multi-modal planning efforts with METRO, the Regional Transit Authority, and the State Department of Transportation ("DOT") for HOV, Park and Rides, and transit North 277th Corridor Interlocal K Page 5 of 11 Rev: 12/29/93: rj service to be established to serve the area of the proposed corridor and the proposed new valley commuter rail stations. 5. The City and the County will develop a strategy to provide County review of plan and specification development, where applicable, for construction of the North Corridor. This oversight will be provided in conjunction with the continued involvement of the Technical Advisory Committee ("TAC") during the City's design of its North 277th Corridor project. The City shall also be required to use a King County staff inspector during construction of the roadway. 6. At the completion of the thirty-five (35%) percent design review phase, the City shall provide a report to the County Council addressing economically feasible alternatives to enhance safety and create additional visual and noise barriers, including cost estimates therefor. 7. Upon final acceptance of the project by King County, maintenance of the project, or any portion thereof, shall be the responsibility of the agency within whose jurisdiction such portion is located unless a written agreement stipulating otherwise is signed by the appropriate City and County officials. D. General. 1. Effective Date. This Agreement shall be effective after approval by the Kent City Council and the King County Council and, when signed, by the County Executive and the Mayor of the City of Kent. 2 . Duration. This Agreement shall commence on the effective date as provided for herein and shall terminate upon the occurrence of any one of the following: (a) when the County North 277th Corridor Interlocal K Page 6 of 11 Rev: 12/29/93: rj accepts the North 277th Corridor roadway as complete; (b) until the City annexes territory including the North 277th Corridor; or (c) until ten (10) years from the effective date of this Agreement. The City, at its option, may extend the term of this Agreement after receiving the prior consent of the County, for successive periods not to exceed five (5) years each. In the event that the City wishes to extend the term of this Agreement for any succeeding period as contemplated herein, the City shall, within one hundred eighty (180) days of the expiration date of this Agreement, notify the County in writing that it wishes to exercise its option to extend the term of this Agreement, whereupon the County, not later than ninety (90) days prior to the expiration of this Agreement, shall notify the City in writing of its willingness to accept the term extension for the additional period requested by the City, or such other time period as it deems advisable. 3 . Applicable Jurisdiction. In the event that a portion of the North Corridor roadway becomes annexed to the City of Kent prior to project permitting, all permitting authority and procedural matters described above related to that portion(s) of the roadway in the annexed area shall be under the jurisdiction of the City of Kent in accordance with state and local law. 4 . Administration. The City shall continue to be the lead agency on the North 277th Corridor project and shall administer the project with full authority subject to the authority of all agencies from whom permits must be obtained in order to effect the construction of the City's project. 5. Property Acquisition. In the event that the City must acquire any real property by eminent domain in order to construct its North 277th Corridor project, the County will North 277th Corridor Interlocal K Page 7 of 11 Rev: 12/29/93: rj cooperate with the City, if necessary, to exercise their powers of eminent domain. The City will reimburse the County for all costs incurred by the County if it becomes necessary for the County to exercise its power of eminent domain. 6. Default. In the event the City breaches any of the terms or conditions of this Agreement, the County shall have the right, but not the obligation, to assume administrative authority over the City' s North 277th Corridor project. 7. Indemnity. Each party hereto agrees to defend, indemnify and hold harmless the other party, its officials, agents, and employees, for all claims (including demands, suits, penalties, losses, damages, attorney's fees or costs of any kind whatsoever) to the extent such claim arises from or is caused by the indemnifying party' s negligence or that of its officials, agents, or employees arising out of or incidental to the performance of, or failure to perform, this agreement. The parties agree that their obligations under this subparagraph extend to any claims made against one party by the other party's own employees or agents. For this purpose, the parties, by mutual negotiation, hereby waive, as respects the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event either party incurs attorney' s fees, costs or other legal expenses to enforce the provisions of this subparagraph against the other party, all such fees, costs and expenses shall be recoverable by the enforcing party from the other party. 8. Waiver of Breach. A waiver by either the City or the County of a breach of the other party of any condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach of this North 277th Corridor interlocat K Page 8 of 11 Rev: 12/29/93: rj Agreement. Leniency, delay, or failure of either party to insist upon strict performance of any condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such condition or right. 9. Attorney Fees. In the event either party finds it necessary to bring an action or other proceeding against the other party to enforce any of the terms or conditions of this Agreement, each party shall be responsible for payment of its own legal costs and attorney fees. 10. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of the City and the County. 11. Entire Agreement. The written provisions and terms of this Agreement, together with any exhibits attached hereto, shall supersede all prior verbal statements of any representative of the City or the County and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever this Agreement. The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and any exhibits attached hereto. DATED this day of , 199q. Approved by the Kent City Council by its motion passed on November 16, 1993 . North 277th Corridor Interlocal K Page 9 of 11 Rev: 12/29/93: rj Approved by the King County Council by its Ordinance No. 11169 passed on December 13 , 1993 . KING COUNTY CITY OF KENT By: By• Its Chief E �EX� is Mayor Approved as to form: Approved as to form: r 'Rog A. -uTov--icTz King Coun y Prosecutor City Attorney A STATE OF WASHINGTON ) ss. COUNTY OF KING ) I rtify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that the signed this instrument, on oath stated that he was a �� .0 e Ae instrument and acknowledged it as tY�"e King County, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: Notary Public in and f r S to of of Washington, residin My commission expires Y PUBLIC North 277th Corridor Interlocal K ` � � ��`.!�• �. a Page 10 of 11 1 ,s'tate `% Rev: 12/29/93: rj t s STATE OF WASHINGTON ) ss. COUNTY OF KING ) I cert-if t;hat, I know or have satisfactory evidence that is the person who appeared before me, and sa,Sd person ackno edged that he/she signed this instrument, on o h stated that hq/she was authorized to execute the instrument and acknowledged it as the Mayor R "" of the City of Kent, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: - G. ...: y: 4.c t Z No; ary Pub is in and for the $fate of of Washington, residing at > -el. My commission expires corridor.agr North 277th Corridor Interlocal K Page 11 of 11 Rev: 12/29/93: rj