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HomeMy WebLinkAboutSpecial 2007-10-08 Item 3 - Resolution - Mayor Negotiate Southcenter Parkway Construction with La Pianta CAS NUMBER: 07-120 CATEGORY REVIEWED BY COW Mtg. Utilities Cmte DAl E: RECOMMENDATIONS: SPONSOR/ADMIN. COMIvII "1ThE Fund Source: Comments: EXPENDITURE REQUIRED MTG. DATE 10/8/07 COUNCIL AGENDA SYNOPSIS Meeting Date 10/08/07 ©T /.;2,O Pieparecl SK CA&P Cmte Arts Comm. Resolution in final form Inixtals ITEM No. 3 SPECIAL 1 Ma3u s 7zcieur Corcil ;e;"iew F&S Cmte Parks Comm. RECORD OF COUNCIL ACTION ATTACHMENTS ITEM INFORMATION 1 ORIGINAL AGENDA DATE: OCTOBER 8, 2007 AGENDAITEMTITLE Authorization for the Mayor to negotiate a Road Only Agreement with La Pianta LLC by October 22, 2007 and if no agreement is reached to contact granting agencies. Discussion (J Motion Resdutzon Ordinance BzdA Guard P il&Heanng Cther MtgDate MtgDate MtgDate MtgDate MtgDate MtgDate M tg Date n Transportation Cmte n Planning Comm. Council Mayor A dm Sus DCD Financx Fire n Legal n PG R Nix 1 I PW This resolution authorizes the Mayor to negotiate an agreement with La Pianta, LLC for the extension of Southcenter Parkway and if no agreement can be reached to contact granting agencies and advise them of the viability of the project for which the funds were received. COST IMPACT FUND SOURCE AMOUNT BUDGETED APPROPRIATION REQUIRED City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING THE MAYOR TO NEGOTIATE AN AGREEMENT FOR CONSTRUCTION OF SOUTHCENTER PARKWAY WITH LA PIANTA, LLC, OR IN THE ALTERNATIVE, TO CONTACT GRANTING AND APPROPRIATING AGENCIES TO ADVISE THAT THE CITY WILL NOT ACCEPT CURRENTLY APPROPRIATED FUNDS FOR THE CONSTRUCTION OF SOUTHCENTER PARKWAY. WHEREAS, the City of Tukwila and La Pianta, LLC "La Pianta have been negotiating a development agreement for the construction of Southcenter Parkway and the development of the La Pianta property for approximately four years; and WHEREAS, both parties have put substantial effort into the negotiation process and have made good faith efforts to come to an agreement; and WHEREAS, the City of Tukwila has received over eighteen million dollars ($18,000,000.00) in grant money from both state and federal sources; and WHEREAS, the City believes it is in the best interest of the taxpayers to return the grant funds so that they may be used for other worthwhile projects, if a satisfactory agreement cannot be reached; and WHEREAS, on August 13, 2007, La Pianta informed the City Council that the parties were at an impasse; and WHEREAS, on August 27, 2007, the Mayor agreed that the negotiations had reached an impasse; and WHEREAS, on August 13, 2007, La Pianta requested that the City Council review the July 6, 2007 La Pianta proposed development agreement (the "La Pianta Agreement and place it on the City Council agenda for a vote on August 27, 2007; and WHEREAS, the City Council of the City of Tukwila chose not to place the La Pianta Agreement on the agenda for consideration until such time as the City Administration considered an agreement to be in the best interests of the City; and WHEREAS, the City of Tukwila believes that the La Pianta Agreement is unacceptable and presents a significant, long -term financial risk to the City; and WHEREAS, on March 16, 2007, the City of Tukwila proposed to La Pianta that the parties enter into an agreement to extend Southcenter Parkway (hereinafter referred to as the "Road Only Agreement and WHEREAS, this "road only" proposal would allow Southcenter Parkway to be extended, thereby utilizing the grant funds in a timely manner and, at the same time, providing infrastructure to support the La Pianta development; and WHEREAS, La Pianta has not indicated any interest in a Road Only Agreement; and Macintosh HD:Usys_uadaDaktop:1VS Resolution RoM Only.doc WHEREAS, on September 18, 2007, the City of Tukwila again extended an offer to enter into a Road Only Agreement and asked for a response to that proposal by September 28, 2007; and WHEREAS, La Pianta did not respond to that particular proposal; and WHEREAS, La Pianta has indicated that it needs to know whether the La Pianta Agreement will be accepted by the City or if the project is terminated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKW1LA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council hereby authorizes the Mayor to attempt to negotiate a Road Only Agreement with La Pianta by October 22, 2007. Section 2. If an agreement has not been reached between the Mayor and La Pianta regarding the "road only" proposal and if the agreement has not been placed on the City Council agenda by the City's Administration by October 22, 2007, the Mayor is authorized to terminate all negotiations with La Pianta and to contact the granting/appropriating agencies that have pledged money for the extension of Southcenter Parkway and advise them that the City will not be able to obligate those funds, and thus will not be accepting the grants /appropriations. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof on this day of 2007. ATTEST /AUTHENTICATED: Jane Cantu, CMC, City Clerk APPROVED AS TO FORM: Office of the City Attorney Filed with the City Clerk: Passed by the City Council: Resolution No.: Macintosh HD:Usersztzda:Desktop:TVS- Resolution Rani O,4doc 2 Vema Griffin, Council President