HomeMy WebLinkAboutEC11-276 - Original - City of Tukwila - Tukwila South Wetland Mitigation - 07/12/2011 Records Mjp eme
KENT Document
W ASNINOTON
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 City Clerk's Office.
Vendor Name: b +zl o� -TbtkLk) fly
Vendor Number:
JD Edwards Number
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Contract Number: ecI 1 - 6;217(o
This Is assigned by City Clerk's Office Project Name: L ) UJC
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Description: M Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
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Contract Effective Date: 07 12 o2G 1 I Termination Date: ` 1112
Contract Renewal Notice (Days): I V
Number of days required notice'�fo�r termination or renewal or amendment
Contract Manager: Erlv�l fge Department: �GL Plan l an k 1 nq
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Detail: (i.e. address, location, parcel number, tax id, etc.):
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11-097
Council Approval 6/20/2011
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF KENT GRANTING PERMITTING AUTHORITY TO TUKWILA
FOR THE TUKWILA SOUTH WETLAND MITIGATION AREA
THIS INTERLOCAL AGREEMENT ("the Agreement'') is entered into by and between
the CITY OF TUKWILA, a State of Washington municipal corporation ("Tukwila"). and the
CITY OF KENT, a State of Washington municipal corporation ("Kent') and in conformity with
Chapter 39.34, Revised Code of Washington ("RCW")
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RECITALS
WHEREAS, Segale Properties LLC is the proponent of a mixed-use development
project, located within the City of Tukwila, commonly referred to as the "Tukwila South
Project—; and
WHEREAS, as mitigation for certain elements of the Tukwila South Project, Segale
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Properties LLC is required to implement a wetland mitigation plan, which plan has been
approved by the City of Tukwila; and
WHEREAS, the majority of the Tukwila South Project is in the City of Tukwila,
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however, a portion of the area identified as a wetland mitigation area for the Tukwila South
project is within the jurisdictional limits of the City of Kent. The subject wetland mitigation area
is described in Exhibit A, attached and incorporated herein by reference ("Wetland Mitigation
Area"), and
WHEREAS, pursuant to a separate agreement, Segale Properties LLC has acquired fee
simple interest in and to the drainage ditch previously owned by King County Drainage District
No. 2 (the "District"), which drainage ditch is a single parcel located within the Wetland
Mitigation Area and extends into the jurisdictions of Tukwila. Kent and King County. As part of
its mitigation work. Segale Properties LLC shall relocate the portion of the existing Johnson
Creek ditch north of S. 2041h Street and within TukAila's jurisdiction to a new area adjacent to
the northern boundary of S. 2041h Street. The east fork of the drainage ditch within Kent's
jurisdiction shall remain unaffected. Upon completion of the above-described revisions, Segale
Properties is required pursuant to its agreement with the District to transfer and convey to the 3
District the fee simple interest in and to the revised drainage ditch; and
WHEREAS, Tukwila and Kent agree that granting permitting authority to Tukwila on
behalf of Kent for the Wetland Mitigation Area will provide greater consistency for the Tukwila
South project and cost efficiencies for both parties, and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
39.34;
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NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows. {
AGREEMENT
1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide an
efficient permitting and monitoring process for the Wetland Mitigation Area to avoid the
inherent uncertainty of two separate review processes.
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2. Review and Decision-Making Process for Permitting and AMprovals Needed for
the Wetland Mitigation Area.
2.1 Kent shall be responsible for issuing and inspecting any right-of-way or
utility permits for the Wetland Mitigation Area. Tukwila shall be solely responsible for
receiving, processing, enforcing, and monitoring all other permits or applications for the Wetland i
Mitigation Area pursuant to the Tukwila Municipal Code and any pertinent state and federal
statutes. Tukwila shall verify that the applicant has obtained all state and federal permits required
for the Wetland Mitigation Area.
22 Tukwila shall require that the applicant record a Sensitive Area Easement,
in a form and manner approved by Kent, containing all critical areas and critical area buffers in
the Wetland Mitigation Area in accordance with Kent City Code 11 06.640. The Sensitive Area l
Easement shall allow the District's continued use, repair and maintenance of the drainage ditch
located on parcel number 0322049049.
2.3 Tukwila shall notify Kent when Tukwila sends the project work in the
Wetland Mitigation Area to final acceptance and closeout and begins the monitoring and
maintenance periods
2.4 Tukwila shall send Kent copies of the following items:
2.4.1 Any permits or approvals issued by Tukwila, state or federal
agencies for the Wetland Mitigation Area.
2.4.2 Any pre-construction meeting notices for the Wetland Mitigation
Area.
2.4.3 Any communication regarding construction and installation
schedule for the Wetland Mitigation Area
2.4.4 All critical areas mitigation monitoring reports for the Wetland r
Mitigation Area.
2.5 For applications that require public notice, Tukwila must include Kent on
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the list of agencies who will receive notice. Response to the notice will be required for Kent to
be a party of record.
2.6 Tukwila's processing and review of permits and applications for the
Wetland Mitigation Area shall include but not be limited to: rendering decisions to approve,
condition, or deny such applications: conducting inspections; issuing correction notices, permit
extensions and completion of extensions; approving final construction; and evaluating
compliance with approved conditions.
2.7 Tukwila shall process the boundary line adjustment application to be filed (4
by Segale Properties LLC to effect the changes discussed in the fourth recital. provided however,
nothing herein shall require either Tukwila or Kent to secure King County's consent to the
proposed boundary line adjustment.
2.8 Appeals of any decisions by Tukwila shall be processed by Tukwila
pursuant to applicable Tukwila Municipal Code provisions.
3. Duration and Termination. This Agreement shall begin upon written execution by
both parties and will continue until terminated. Either party may terminate this Agreement by
providing written notice of such intent to terminate at least ninety (90) days prior to the
termination date. Upon termination of this Agreement Tukwila shall provide Kent with a copy
of the files and records of all permit applications received or processed under this Agreement. In
the event of termination, Tukwila agrees to provide any further information or assistance
regarding the Tukwila South project or the Wetland Mitigation Area as Kent may thereinafter
reasonably require Upon termination, Tukwila shall not be required to assign any portion of its
rights, if any, in performance bonds or other surety pertaining to construction or maintenance
activities to be undertaken in the Wetland Mitigation Area to Kent; provided, however, that
nothing in this Agreement shall be construed to preclude Kent, upon termination, from requiring
Segale Properties LLC to submit a performance bond or other surety pertaining to construction
or maintenance activities to be undertaken in the Wetland Mitigation Area directly to Kent, in
accordance with applicable provisions of the Kent City Code, including, but not limited to Kent 1
City Code Section 11.06.570.
4. Indemnification.
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4.1. Tukwila shall indemnify and hold harmless Kent and its officers, agents,
employees, and elected officials or any of them from any and all claims, actions, suits, liability, a
loss, costs, expenses and damages of any nature whatsoever by any reason of or arising out of
any act or omission of Tukwila, its officers, agents, employees and elected officials, or any of
them relating to or arising out of the performance of this Agreement. In the event that any suit
based upon such a claim, action, loss or damage is brought against Kent, Tukwila shall defend
the same at its sole cost and expense, provided that Tukwila retains the right to participate in said
suit if any principle of governmental or public law is involved; and if final judgment be rendered d
against Kent or its officers, agents, employees and elected officials, or any of them, or jointly 1
against Kent and Tukwila and their respective officers, agents, employees and elected officials,
or any of them, Tukwila shall satisfy the same.
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4.2. Kent shall indemnify and hold harmless Tukwila and its officers, agents,
employees and elected officials, or any of them, from any and all claims, actions, suits, liability,
loss, costs, expenses and damages of any nature whatsoever, by any reason of or arising out of
any act or omission of Kent. its officers, agents, employees and elected officials, or any of them,
relating to or arising out of the performance of this Agreement. In the event that any suit based
upon such a claim, action, loss or damage is brought against Tukwila, Kent shall defend the same
at its sole cost and expense; provided that Kent retains the right to participate in said suit if any
principle of governmental or public law is involved; and if final judgment be rendered against
Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly against
Tukwila and Kent and their respective officers, agents, employees and elected officials, or any of
them, Kent shall satisfy the same.
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5. Dispute Resolution. It is the parties' intent to resolve any disputes relating to the
interpretation or application of this Agreement informally through discussions at the staff level
with the respective departmental Directors and Administrators. In the event disputes cannot be
resolved informally at the staff level, resolution shall be sought by each city's City Administrator
or Chief Administrative Officer, as the case may be, within thirty (30) days of written notice
from either party of a failure to resolve the dispute at the staff level, and if unsuccessful, then the
parties agree to submit the dispute to non-binding mediation/dispute resolution. The
mediation/dispute resolution process shall be determined via mutual agreement of the parties and
the selection of a Mediator must be jointly agreed upon by the parties Venue for any action
relating to the interpretation or enforcement of this Agreement shall be solely in King County ,
Superior Court.
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6. Independent Contractor. Each party to this Agreement is an independent
contractor with respect to the subject matter herein. Nothing in this Agreement shall make any
employee of Tukwila an employee of Kent, and vice versa, for any purpose, including, but not
limited to, for withholding of taxes, payment of benefits, worker's compensation pursuant to
Title 51 RCW, or any other rights or privileges accorded to either party's employee by virtue of
their employment. At all times pertinent hereto, employees of Tukwila are acting as Tukwila '
employees and employees of Kent are acting as Kent employees.
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7. Partial Invalidity. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. Any provisions of
this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect.
8. Assignability The rights, duties and obligations of either party to this Agreement
may not be assigned to any third party without the prior written consent of the other party, which
consent shall not be unreasonably withheld.
9. No Third-Party Rights. Except as expressly provided herein, nothing in this
Agreement shall be construed to permit anyone other than the parties hereto and their successors
and assigns to rely upon the covenants and agreements herein contained nor to give any such
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third party a cause of action (as a third-party beneficiary or otherwise) on account of any
nonperformance hereunder.
10. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto and no other verbal or written assurance or promise by any party hereto is effective
or binding unless included in this Agreement Proposed changes that are mutually agreed to shall
be incorporated by a written amendment hereto.
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11. Filing With Auditor. This Agreement shall be filed with the King County Auditor
pursuant to RCW 39.14.040.
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CITY OF TUKWILA CITY OF KENT
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By. e1 - By:
Printte. Jim ertor Print Name ayorSuzette CookIts: or Its: Ma or
Da tia., }oll Date: (o Z/
Exhibit A—Legal Description of Wetland Mitigation Area in the City of Kent
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EXHIBIT A
Legal Description of Wetland Mitigation Area
Parcel "A"- TPN 0322049102
A
Beginning at a stone monument which is the southeast corner of Section 3, Township 22 North,
Range 4 East, W.M., in King County, Washington;
thence S89'36'00"W, along the south line of said Section 3,a distance of 1326.60 feet to the
TRUE POINT OF BEGINNING; thence S89°36'00"W, along said section line, 866.40 feet;
thence N26'08'00"E 1477.50 feet to the south line of South 204'' Street; thence S89'37'00"E,
along said road, 79130 feet; thence S35'36'00''W 973 80 feet, along the west bank of drainage
ditch; thence S00")8'00"W 522.90 feet, along the west bank of drainage ditch, to the POINT OF
P
BEGINNING.
Parcel `B"- Portion of TPN 0322049049
Together with those 30 and 40 foot strips lying within the southeast quarter of Section 3,
Township 22 North, Range 4 East, W.M., condemned on the 7th of October, 1905 for drainage
ditch right of way for benefit of Drainage District Number 2 in King County Superior Court
Cause Number 47302.
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City of Tukwila{'Vila Jim Haggerton, Mayor
• Department of Community Development Jack lace, Director
RECEIV`T)
August 3, 2011
AUG 45 2011
Erin George, Senior Planner CITY OF KEe
City of Kent ECONOMIC Ajai>
Planning Services COMMUNITY DEVEI..ORvIE—
Economic & Community Development
400 West Gowe, Kent WA 98032
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RE: Interlocal Agreement with the City of Kent regarding Tukwila South wetland
mitigation site
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Dear Ms. George:
Enclosed is the signed copy of the Interlocal Agreement regarding Tukwila South wetland mitigation site.
Sorry for the delay in getting the signed copy back to you. Please let me know if you have any questions
at this time.
Sincerely,
Minnie Dhaliwal
Planning Supervisor
Enclosure: Signed Interlocal Agreement
6300 Southcenter Boulevard, Suite 4100 • Tukwila, Washington 98188•Phone 206-431-3670• Fax 206-431-3665
a
o � REQUEST FOR MAYOR'S SIGNATURE
�� KENT Please Fill in All Applicable Boxes
Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT)
Originator: Erin George Phone (Originator): 5436
Date Sent: 06/21/11 Date Required: ASAP
Return Signed Document to: Erin George CONTRACT TERMINATION DATE: N/A
VENDOR NAME: City of Tukwila DATE OF COUNCIL APPROVAL: June ?,, 2011
Brief Explanation of Document:
A large mixed-use development called Tukwila South is proposed to be located on 498 acres within
Tukwila. The project includes wetland impacts and associated mitigation in Tukwila; however a portion
of the mitigation site (one parcel) is located within Kent. As the Tukwila South development has already
undergone extensive review by Tukwila staff, it is appropriate that the City of Tukwila also issue permits
and review monitoring reports for the parcel in Kent The attached Interlocal Agreement grants Tukwila
the permitting authority for necessary local permits on the site. The agreement was drafted in
cooperation with Tukwila, and staff feels it adequately protects Kent's interest while avoiding duplication
of efforts.
All Contracts Must Be Routed Through The Law Department
'RECEIVED
(This area to be completed by the Law Department) 1-1ail 2 1 ,
Received: RECEIVED G�6-0-fthe
City of Kent
Approval of Law Dept.: JUN 2 2011 ' , � " Mayor
Law Dept. Comments:
Fztrhrr i AIM DPPI
Date Forwarded to Mayor:
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Shaded Areas To Be Completed By Adminis ,fit HE Q S
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Received: [1 JUN 2
2011
Recommendations and Comments: 1311YOF!Epj,,T
CiTlY
Disposition: / e��-f� 'JCP/�„ �_
Date Returned: �D
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