HomeMy WebLinkAboutCAG2020-225 - Original - Puget Sound Energy, Inc. - Fee in Lieu of Frontage Improvement - 06/29/2020ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
o Director or Designee o Mayor
Date of Council Approval:
Budget? o Yes o No
Grant? o Yes o No
Type:Review/Signatures/RoutingDate Received by City Attorney:Comments:
Date Routed to the Mayor’s Office:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? o Yes o No*
*If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
o Yes o No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms.
(Print on pink or cherry colored paper)
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
FRONTAGE IMPROVEMENT AGREEMENT
BDTWtrEN THE CITY OF KENT
PUGET SOUND ENERGY, INC.
THIS FRONTAGE IMPROVEMENT AGREEMENT ("Agreement") is made and entered into as
of the Effective Date by and between the City of I(ent, a Washington rnunicipal corporation ("the City")
and Puget Sound Energy, Inc., a Washington corporation ("PSE").
A. PSE intends to consttuct a Substation Operations facility (the "Project") on the real property
located at 8001 212t1' Street,I(ent, Washington (the "Property").
B, The Project is consistent with the City's comprehensive plan, but will cause impacts to the
existing ilfi'astructtue on212th Street in the vicinity of the Proiect.
C. The City has detelmined that certain frontage improvements ("Frontage Improvements") are
reqnired under l(ent City Code ("KCC) 6,02,070 to offset the incremental impacts that will result
frorn the Project and that the City is autholized to require such Frontage Improvements under'
KCC 6,02.040.
D. PSE has requested that the City allow it to pay a fee in lieu of constructing the Frontage
Implovements.
E. The City has determined as authorized under I(CC 6,02.060(2Xb) to allow PSE to pay a fee in lieu
of consfiucting the Frontage Improvements.
F, The City is authorized under RCW 36.708.170(1) to sign an agreement betweeir itself, a local
government, and PSE which owns real properly within its jurisdiction.
G, This Agreement is consistent with the applicable development regulations adopted by the City as
required under Washington's Growth Management Act (RCW 36.70B.170(1).
In consideration of the mutual promises set forth below, the parties agree as follows:
1 The Project. The Project will consist of the demolishing PSE's cunent 40,000 square foot facility
located on the Propelty and rebuilding a with an apploxirnately 31,239 square foot Substatiou
Operations facility on the same site location as the plevious building.
Frontage Fee. The City has determined that the Project will cause incremental impacts to existing
infrastructure and that the Frontage Improvements will be required as a condition to issuance of
the permit for the Project. Engineers working on behalf of PSE have determined that the cost of
the Frontage Implovements will be Four Hundred Twenty Six Seven Hundled Ninety One and
431100 Dollars (8426,791.43) (the "Frontage Fee"). PSE shall pay to the City the Frontage Fee in
lieu of stleet frontage improvements as final and complete compensation for', and to fully offset,
the impacts that the Project will have on existing City infi'astructure. PSE's payment of this
F-lontage Fee shall satisfy any and all (a) obligations that PSE has to construct the Frontage
Improvements and (b) conditions required fol the City's issuance of the permits for the Ploject
that ale related to any Project impacts to the City's infrastructure including, without limitation, the
permit numbers RECC-2183198 and RNEW-2200423, whichpermits are fully vested for the
benefit of the Project and PSE. PSE acknowledges and aglees that its payment of the Frontage
Fee once made is noruefundable regardless of whether PSE actually constructs the Project,
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Effective Date and Duration. The "Effective Date" of this Agreement shall be the date of the
last signature below and shall continue fol a period of ten (10) years unless extended or terminated
by separate agreement by the palties in wliting.
Development Standards; Maintenance, the City shall be responsible fbl the maintenance,
t'epairs, and liability of the Frontage Improvement once such implovements ale substantially
completed.
Notices. Any notices given or required to be made under this Agreement shall be made in wliting
to the address of the appropriate party as set forth below. All such notices shall be deemed to have
been duly given and received upon mailing, electronic mailing, or delively by courier ot personal
delivery service, If a party delivels a notice by means of electronic mail, it must also send a copy
of that notice by one of the other means specified above; plovided, howeveL, that the date of
electlonic mail tlansmission shall be considered the date of the notice so long as such transmission
occurs befole 5 p,m. Pacific Time on a business day. Parties may alter or modiff their notice
address by delivery of writtcn notice pursuant to the terms of this Agreement.
For the City:City of I(ent
Attn: City Clerk's Office
220 Fourlh Avenue South
I(ent, WA 98032
For PSE Puget Sound Energy, Inc.
Attn: Zach Bergman
PO Box 97034i EST 4E
Bellevue, WA 98009-9734
Email : Zachary,B ergrnan@P S E. c om
Entire Agreement; Amendments. This Agreement contains the entire understanding of the
parties with lespect to the specific matters set forth herein. Any change, anr.endment, or alteration
to this Agreement must be in wliting and signed by both parties to be effective. Each party
wanants that it is not lelying on any other representations, whether wlitten or oLal, in enteling into
this Agreement.
Successors; Assignments. The provisions of this Agreement shall extend to, bind, and inure to
the benefit ofthe parties and theil respective pelsonal representatives, heirs, successors, and
assigns. PSE may assign its rights and obligations under this Agreement with the consent of the
City, which consent will not be umeasonably withheld.
Governing Law and Venue. This Agreement shall be construed and enforced in accordance with
the laws of the State of Washington. Venue for any action shall lie in King County Superior
Coufi,
No Attorney Fees. In the event of any litigation or dispute resolution process between the parties
regarding an alleged breach of this Agreement, neither party shall be entitled to any awat'd of costs
or attorneys' fees or exped witness fees.
Counterparts. This Agteement rnay be executed in two counterparts, each of which shall be
deerned an original, but all of which shall togethel constitute one and the same agreement.
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Authority to Execute. Each person executing this Agreement represents and warrants that he or
she is flilly authorized to execute this Agteement on behalf of the party he or she represents.
Construction; Headings. This Agreement or any portion thereof shall not be construed against
one party ol the other as drafter but shall be construed as if drafted by both palties, The headings
used in this Agreernent have been insefted for convenience only and shall not affect the
construction of this Agreement.
Unenforceable Provisions. If any plovision of this Agreement is held to be unenforceable for
any reason, it shall be adjusted, rathel than voided, if possible, to achieve the intent of the pafties,
and the balance of the Agreement shall lemain in fullforce and effect,
[Si gn a tr,n' e s on .foll ow ing p o ge|
CITY OF IflINT
B
PUGET SOUND ENERGY, INC.
L By t 'L<?',.1/
Name:. LaPorle
Title: City of I(ent, Public Works Director
Attest/Authenticated :
Approved as to Form:
I(ent Law Department
ame; Michael L. ICrk
Title: Facilities Manager