HomeMy WebLinkAboutFI04-034 - Original - Auburn School District - School Impact Fees - 01/22/2004 Records MA eme
KENIN Document
WASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission to City Clerks Office. All
portions are to be completed, if you have questions, please contact Mary Simmons, City
Clerks Office.
Vendor Name: 'S"�'D/Z'p7l'P 0
Contract Number:_ A-Z- DY 0&
This is assigned by Mary Simmons
Vendor Number:
Project Name: 7
02- jn Contract Effective Date: -0q
Contract Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager:
Department: -%
Abstract:
ADCL7832 07/02
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KENT AND AUBURN SCHOOL DISTRICT NO. 408
THIS AGREEMENT is entered into this ,Z2. day of .Sct•ieMfy , 2004,
by and between the CITY OF KENT (the "City" hereinafter) and the AUBURN
SCHOOL DISTRICT NO 408 (the"District"hereinafter).
WHEREAS, the Washington State Legislature passed the Growth Management
Act, Chapter 36.70A RCW, and Chapter 82.02 RCW (the "Act" hereinafter), which
authorizes the imposition of impact fees on development activity as part of the financing
for public facilities, which financing must provide for a balance between impact fees and
other sources of public funds; and
WHEREAS, the Act allows the collection and expenditure of impact fees only on
public facilities which are addressed by a capital facilities element of a comprehensive
land use plan adopted under the Act; and
WHEREAS, the District has prepared a capital facilities plan, and authorization to
collect and expend fees is contingent upon the City's adopting the District's Capital
Facilities Plan("CFP") as part of the City's Comprehensive Plan, all as required by RCW
36.70A.070, and on the plan's adherence with the statutory requirements of the Act; and
WHEREAS, the City has adopted Ordinance No. 3260 (the "school impact fee
ordinance"), which describes the features of the school impact fee program, and allows
the District to receive and expend the school impact fees in conformance with the Act;
and
WHEREAS, the City and the District have entered into this Interlocal Agreement
pursuant to Chapter 39.34 RCW, for the purposes of setting forth the duties and
responsibilities of the parties with regard to the school impact fee program.
NOW, THEREFORE, in consideration of the mutual promises herein, the parties
agree as follows:
I. RESPONSIBILITIES OF THE DISTRICT
The District, by and through its officials, employees, agents and representatives,
agrees to:
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE SCHOOL IMPACT FEES—Page 1 of 8
A. Annually submit to the City a six-year capital facilities plan or an update
of the previously adopted plan, together with an impact fee schedule, which meets the
requirements of the Act and the school impact fee ordinance on or before April 1st of
each year. In addition, the District shall submit all other information required by K.C.C.
12.13.060.
B. Assist the City if the school impact fees are challenged.
C. Establish and maintain impact fee accounts, as required by RCW
82.02.070.
D. Prepare a report to the City to allow the City to meet the requirements of
RCW 82.02.070(1) and submit such report to the City on or before April 1 of each year,
showing the source and amount of all moneys collected, earned or received and system
improvements that were financed in whole or in part by impact fees.
E. Provide for proper expenditure of impact fees, as provided in RCW 82.02.
050(4) and 82.02.070(2).
F. Encumber or expend impact fees as provided in RCW 82.02.070(3), and
where the District has extraordinary and compelling reasons for noncompliance with this
statute, the District shall identify such reasons in written findings, to the City Council.
G. Notify property owners of refunds under RCW 82.02.080 and the
processing and payment of any refunds, together with any interest which may be due.
H. Review all covenants and declaration of restrictions for form, as these
documents are required to maintain exemptions from payment of impact fees.
I. Maintain all accounts and records necessary to ensure compliance with
this Agreement,the school impact fee ordinance and all other applicable law.
I1. RESPONSIBILITIES OF THE CITY
The City, by and through its officers, officials, employees, agents and
representatives,agrees to:
A. Be responsible for all administrative aspects of the impact fee program,
including:
1. the determination, pursuant to the school impact fee ordinance,
whether or not residential development activity in the City is exempt from payment of
fees;
2. the calculation of the fee amount for any non-exempt residential
development activity, based upon the schedule of fees adopted by the City pursuant to the
school impact fee ordinance;
3. the receipt of the fees from the applicant;
4. imposition and collection of the administrative or permit
application fees associated with the impact fee program and the development activity.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE. SCHOOL IMPACT FEES—Page 2 of 8
B. Establish and maintain school impact fee accounts pursuant to RCW
82.02.070, so that impact fees can be transferred to the District on a monthly basis.
C. Develop a report on the school impact fee account as required by RCW
82.02.070(1), and review of the District's report required by RCW 82.02.050(4),
detailing the fees received and the system improvements financed in whole or in part by
the fees.
D. When City permits have been applied for, enforce covenants or
declaration of covenants and restrictions, where the same have been executed as a
condition of exemption from school impact fees. When permits are not applied for, the
City shall advise the District of any potential enforcement action, and the District will
elect whether to take enforcement action at its expense or to reimburse the City for the
City's cost of enforcement.
III. AUDIT
A. The District's records and documents with respect to all matters covered
by this Agreement shall be subject to inspection, review or audit, by the City or
appropriate state agency.
B. The District agrees to cooperate with any monitoring or evaluation
activities conducted by the City that pertain to the subject of this Agreement. The
District agrees to allow the City or appropriate state agencies and/or any of their
employees, agents or representatives, to have full access to and the right to examine,
audit, make excerpts or transcripts, during normal business hours, all of the District's
records with respect to all matters covered by this Agreement. The City shall provide
fifteen(15) days advance notice to the District of fiscal audits to be conducted.
IV. INDEMNIFICATION AND HOLD HARMLESS
A. The District shall, at its own cost and expense, protect, defend, indemnify
and hold harmless the City, its officers, employees and agents, from any and all costs,
claims,judgments or awards of damages, arising out of or in any way resulting from the
acts or omissions of the District, its officers, employees or agents, relating to the
District's implementation of the school impact fee program,performance of the duties set
forth in paragraph I of this Agreement, or compliance with the terms of Ordinance No.
3260, all as may be amended from time to time. This indemnification by the District of
the City shall include,but not be limited to:
1. The District's responsibility to refund any fees with interest, which
are determined by a court of competent jurisdiction to have been improperly paid,
regardless of whether the City erroneously required the fee amount;
2. The District's agreement not to impose any liability on the City for
the City's failure to collect the proper fee amount or any fee from a developer conducting
any development activity, provided that the City shall make reasonable attempts to
collect such fee.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE:SCHOOL IMPACT FEES—Page 3 of 8
B. The District shall, at its own cost and expense, protect, defend, indemnify
and hold harmless the City, its officers, employees, and agents, from any and all costs,
claims, judgments, or awards of damages, resulting from a challenge to the legality of
Ordinance No. 3260, except as to the form or passing procedure of Ordinance 3260.
Provided, however, that if the District offers to defend the City and the offer is rejected,
the District shall not be liable for any of the City's attorney's fees or incidental litigation
expenses incurred after such offer to defend is made; provided further, that if the District
defends the City, the District shall be authorized to settle any such challenge.
C. The District further agrees that the District shall, at its own costs and
expense, protect, defend, indemnify and hold harmless the City, its officers, employees,
and agents from any and all costs, claims,judgments, or awards of damages arising out of
or in any way resulting from the District's failure to refund impact fees, or interest on
such impact fees, including but not limited to a determination that impact fees from
development activity that was not completed are not refundable because the funds were
expended or encumbered by the District whether or not the District's determination was
made in good faith; provided however, that if the District offers to defend, the District
shall not be liable for any of the City's attorney's fees or incidental litigation expenses
incurred after such offer to defend is made; provided further, that if the District defends
the City, the District shall be authorized to settle any such challenge.
D. The District's duties to the City under this Section shall not be diminished
or extinguished by the prior termination of this Agreement pursuant to Section V.
E. Except as provided in paragraphs A, B and C, the City shall, at its own
cost and expense, protect, defend, indemnify and hold harmless the District, its officers,
employees, or agents, from any and all costs, claims,judgments or awards of damages,
arising out of or in any way resulting from the acts or omissions of the City, its officers,
employees or agents, relating to the City's implementation of the school impact fee
program, performance of the duties set forth in Paragraph II of this Agreement, or the
terms of Ordinance No. 3260, all as may be amended from time to time; provided
however, that if the City offers to defend, the City shall not be liable for any of the
District's attorney's fees or incidental litigation expenses incurred after such offer to
defend is made, and provided further that the District shall promptly refund any fees as
required by a final court order including payment of any pre- or post judgment interest.
F. The City's duties to the District under this Section shall not be diminished
or extinguished by prior termination of this Agreement pursuant to Section V.
V. EFFECTIVE DATE AND TERMINATION
A. The District's authorization to receive impact fees under this Agreement
may be terminated without cause by the City, in whole or in part, at any time, but only
upon the repeal or invalidation of Ordinance No. 3260. All other obligations under this
Agreement shall remain in effect until both of the following conditions have been
satisfied:
1. the City or the District provides written notice that this Agreement
is being terminated; and
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE: SCHOOL IMPACT FEES—Page 4 of 8
2. the District no longer retains unexpended or unencumbered impact
fees and interest earned thereon.
The obligations under Section IV, Indemnification, shall be continuing and shall not be
diminished or extinguished by the termination of this Agreement.
B. The District shall have the duty to ensure that upon termination of this
Agreement, any remaining unexpended or unencumbered impact fees and interest earned
thereon are either properly expended or refunded pursuant to Chapter 82.02 RCW.
C. Nothing herein shall limit, waive, or extinguish any right or remedy
provided by this Agreement or by law that either party may have in the event that the
obligations, terms, and conditions set forth in this Agreement are breached by the other
Ply
VI. MODIFICATION
No changes or modifications of this Agreement shall be valid or binding upon
either party unless such changes or modifications are in writing and executed by both
parties.
VII. INTEGRATION
This Agreement, together with the school impact fee ordinance, contains all the
terms and conditions agreed upon the by parties. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to bind either
ply.
VIII. SEVERABILITY
In the event that any term or condition of this Agreement or application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions or applications of this Agreement which can be given effect without the
invalid term, condition or application. To this end, the terms and conditions of this
Agreement are declared severable.
IX. RIGHTS OF OTHER PARTIES
It is understood and agreed that this Agreement is solely for the benefit of the
parties hereto and conveys no right to any other party.
X. DISPUTES
Jurisdiction of any dispute arising under this Agreement shall be in King County
Superior Court, and the substantially prevailing party shall be entitled to recover its costs
and reasonable attorneys' fees.
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE SCHOOL IMPACT FEES—Page 5 of 8
XI. GOVERNING LAW AND FILING
This Agreement shall be construed and enforced in accordance with, and the
validity and performance hereof shall be governed by, the laws of the State of
Washington. This Agreement shall become effective following occurrence of the
following:
A. Approval of the Agreement by the official action of the governing bodies
of each of the parties hereto;
B. Execution of the Agreement by the duly authorized representative of each
of the parties hereto;
C. The filing of a copy of this Agreement with the following public officials:
1. The City Clerk of the City of Kent;
2. The Secretary of the Board of Directors of the Kent School
District; and
3. The King County Records and Elections Division.
XII. ADMINISTRATION
A. The City representative for purposes of administering this Agreement is:
the City Administrator or his/her designee.
B. The District's representative for purposes of administering this Agreement
is:
the Superintendent or his/her designee.
XIII. WAIVER OF DEFAULT
Waiver of any default in the performance of this Agreement shall not be deemed
to be a waiver of any subsequent default. Waiver or breach of any provision of the
Agreement shall not be deemed to be waiver of any other or subsequent breach and shall
not be construed to be a modification of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the
date and year set forth below.
CITY F T: AUB' RICT��NO.
��408
By: By
Print e: JIM WHITE Print Name: Linda S. Cowan
Its: MAYOR Its: Superintendent
�/
Date: - —D5Z Date: January 22, 2004
(Notary Acknowledgements Appear on Next Page)
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE: SCHOOL IMPACT FEES—Page 6 of 8
STATE OF WASHINGTON ) I
: ss. '
COUNTY OF KING )
I hereby certify that on the day bf=
, 200 , I know or
have satisfactory evidence that JIM WHITE is the person who peared before me, and
said person acknowledged that he signed this instrument, on oath stated that he is
authorized to execute the instrument on behalf of the CITY OF KENT as its MAYOR,
and such execution to be the free and voluntary act of such party for the uses and purposes
mentioned in the foregoing instrument.
-Notary Seal Must Appear Withal Thar Box-
7. ;�,
S WHEREO have hereunto set my hand and official seal the
ear •Ve-written.
•'• � tau�•••'m''�i '•'�,
i A��Lt
��°•.�� 1a NOTAR C, in and for the State of Washington
'�yp''•« •.I�;�-` residing at
h''`•o`iktAs L'' My appointment expires -D
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I hereby certify that on the 2a* day of Saykw )� , 200 , low or
have satisfactory evidence that /w1a* CpwAd is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that
he is authorized to execute the instrument on behalf of the AUBURN SCHOOL
DISTRICT NO. 408 as its 5�t4 .t'Ti�t04+dr , and such execution to be the free
and voluntary act of such party for the uses and purposes mentioned in the foregoing
instrument.
-Notary Seal Must Appear Wtthm This Box-
IN 4WSS WHEREOF, I have hereunto set my hand and official seal the
day written.
PUBLIC :'? 3 NOTARY PUBLIC,in and for the State of Washington
residing at ALLIJUTAA,
�FOF ..... e0 My appointment expires
IN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE: SCHOOL IMPACT FEES-Page 7 of 8
APPROVED AS TO FORM APPROVED AS TO FORM:
KENT CITY ATTORNEY: AUBURN SCHOOL DISTRICT NO. 409
A EY:
QLk
P\Crvtl\FILES\Op=Fths%OM-2003WubumSchoolDftxtlmabcal-SchooOmpactFm doc
INTERLOCAL AGREEMENT BETWEEN THE CITY OF KENT (January 12,2004)
AND AUBURN SCHOOL DISTRICT NO.408
RE- SCHOOL IMPACT FEES—Page 8 of 8