HomeMy WebLinkAboutCOW 2019-08-26 Item 3C - Public Safety Plan - Interlocal Agreement for Justice Center Frontage with City of SeaTacCoUNCIL AGENDA S OPSIS
Initials
Meeting Date j
Prepared 6y
I Mayor's review Council review
08/26/19
RB
09/03/19
RB
ITEM INFORMATION
ITEM No.
3.C.
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 08/26/19
AGENDA ITEM TPTLE Interlocal agreement with City of SeaTac for Justice Center frontage improvements
CATEGORY ❑ Discussion
11 Motion
❑ Resolution
❑ Ordinance
❑ Bid Award
❑ Public Hearing
11 Other
Meg Date
Mtg Date 9/3/19
Meg Date
Mtg Date
Mtg Date
i\1tg Date
Mtg Date 08/26/19
[ SPONSOR
Council ®Mayor ❑.HR OD CD
I~inance
Fire ❑TS ❑P&R Police Ow/ ❑Court
SPONSOR'S
SUMMARY
The City of Tukwila is building the Justice Center abutting Military Road, which is the City
of SeaTac's right of way. In order to address the frontage improvements needed on the
Military Road side of the Justice Center, the cities need to enter into an interlocal
agreement.
IREVIEWED BY
❑ C.O.W. Mtg. El CDN Comm
❑ Trans &Infrastructure ❑ Arts Comm.
DATE: 8/ 19/ 19
❑ Finance Comm.
❑ Parks Comm.
® Public Safety Comm.
❑ Planning Comm.
COMMII'1EE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Administrative Services
COMMIFlEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
AMOUNT BUDGETED
APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
8/26/19
09/03/19
MTG. DATE
ATTACHMENTS
8/26/19
Informational memo dated August 13, 2019.
SeaTac Interlocal Agreement for Frontage Improvements
Minutes from the 8/19 Public Safety Committee Meeting
09/03/19
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
CC: Mayor Ekberg
FROM: Rachel Bianchi, Deputy City Administrator
DATE: August 13, 2019
SUBJECT: Interlocal Agreement with City of SeaTac for Justice Center frontage
ISSUE
The City of Tukwila is building the Justice Center abutting Military Road, which is the City of
SeaTac's right of way. In order to address the frontage improvements needed on the Military
Road side of the Justice Center, the cities need to enter into an interlocal agreement.
DISCUSSION
The City of SeaTac is currently completing improvements on Military Road from S. 150th to
Tukwila International Boulevard. Frontage improvements (curb, gutter, sidewalks, landscaping,
lighting, etc.) throughout this corridor are being required by SeaTac. In coordination meetings
between the two cities, it became clear that it makes the most sense for the City of Tukwila to
use Justice Center funds to pay SeaTac to install these improvements, rather than have the
City's GCCM install them. The project believes it will save both time and money as SeaTac's
contractors are installing all of the frontage improvements throughout the corridor.
The cost for these improvements is $238,553. The Justice Center can absorb this cost in the
contingency budget.
RECOMMENDATION
The Council is being asked to approve the interlocal agreement.
ATTACHMENTS
Draft interlocal agreement.
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AGREEMENT BETWEEN THE CITY OF SEATAC AND THE
CITY OF TUKWILA FOR FEE IN LIEU OF MITIGATION RELATED TO
CONSTRUCTING FRONTAGE IMPROVEMENTS IN MILITARY ROAD SOUTH
RIGHT-OF-WAY FOR THE DEVELOPMENT OF THE TUKWILA JUSTICE CENTER
This Agreement is between the City of SeaTac ("SEATAC") in King County, a municipal
corporation, organized under the laws of the State of Washington, and the City of Tukwila
("TUKWILA") in King County, a municipal corporation, organized under the laws of the State of
Washington, for fee in lieu of mitigation of constructing frontage improvements in Military Road
South right-of-way for the development of the Tukwila Justice Center project.
RECITALS
WHEREAS, TUKWILA owns or is in the process of acquiring the 15000 block of Tukwila
International Boulevard, located in the City of Tukwila, County of King, State of Washington, for
the purposed of constructing the Tukwila Justice Center; and
WHEREAS, four of these parcels owned by TUKWILA, identified as King County Parcel
Numbers 004100-0514, 004100-0516, 004100-0480, and 004100-0494 abut Military Road South,
which is in the public right-of-way located in the SEATAC ("Abutting Property"); and
WHEREAS, TUKWILA is making certain improvements in association with the
development of the Tukwila Justice Center on the above -referenced property ("Proposed
Development"); and
WHEREAS, in connection with the Proposed Development and as a condition,
TUKWILA is constructing certain frontage improvements, including curb, gutter, sidewalk,
landscaping, street lighting, and surface water management infrastructure along Military Road
South ("Frontage hllprovements") at TUKWILA's cost; and
WHEREAS, the construction of the Frontage Improvements is required to mitigate a direct
impact that has been identified as a consequence of the Proposed Development; and
WHEREAS, pursuant to RCW 82.02.020, TUKWILA desires to enter into a voluntary
agreement with SEATAC, in which TUKWILA will make a one-time payment to SEATAC in lieu
of constructing improvements needed to mitigate the direct impact of the Proposed Development
("Mitigation Payment"); and
WHEREAS, SEATAC and TUKWILA agree that a one-time payment made by
TUKWILA to SEATAC will be used to mitigate the Proposed Development's direct impacts on
Military Road South; and
WHEREAS, SEATAC agrees that once payment has been made to SEATAC, and the
payment has been utilized to mitigate impacts on Military Road South, TUKWILA will not be
responsible for constructing Frontage Improvements along Military Road South adjacent to the
Abutting Property; and
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WHEREAS, the parties desire to enter into this fee in lieu agreement so that SEATAC
may apply the Mitigation Payment to SEATAC's Military Road South and South 152nd Street
Capital Improvement Project that meets or exceeds the mitigation goals required of the Proposed
Development,
NOW, THEREFORE, in consideration of the mutual covenants of the parties contained
herein, the parties agree as follows:
1. PAYMENT IN LIEU OF MITIGATION
1.2.
Pursuant to RCW 82.02.020 as a voluntary agreement, TUKWILA hereby agrees
and covenants to make a one-time Mitigation Payment to SEATAC, in the sum of
Two Hundred Thirty -Eight Thousand Five Hundred Fifty -Three and zero cents
($238,553.00), in consideration of SEATAC agreeing that acceptance of the above -
referenced Mitigation Payment is in lieu of TUKWILA constructing frontage
improvements along Military Road South, adjacent to TUKWILA's Abutting
Property, as a condition of the Proposed Development.
The Mitigation Payment shall be remitted no later than thirty (30) calendar days
after the date of execution of this Agreement.
2. FUTURE IMPROVEMENTS ALONG MILITARY ROAD SOUTH
2.1. SEATAC agrees that the Mitigation Payment identified in this Agreement mitigates
direct impacts of the Proposed Development, and that any frontage improvements
later constructed in Military Road South, adjacent to TUKWILA's property, will
not be borne by TUKWILA.
3. USE OF MITIGATION PAYMENT BY THE CITY
TUKWILA and SEATAC agree that the payment identified in Paragraph 1 above may be used by
SEATAC for improvements on SEATAC's Military Road South and South 152nd Street Capital
Improvement Project, and that such improvements will mitigate direct impacts that have been
identified as a consequence of the Proposed Development.
4. AGREEMENT APPURTENANT AND BINDING ON SUCCESSORS
4.1. This Agreement and the covenants, conditions, and terms hereof shall be
appurtenant to, and shall run with, the real property described in this Agreement,
and shall be binding on the heirs, assigns, and successors in interest of TUKWILA.
5. CHOICE OF LAW
5.1. This Agreement shall be construed in accordance with the laws of the State of
Washington. In the event of any litigation regarding construction or effect of this
Agreement, or the rights of the parties to this Agreement, it is agreed that venue
shall be King County, Washington.
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6. COSTS TO PREVAILING PARTY
6.1. In the event that either party initiates any action to enforce the terms and conditions
of this Agreement, the prevailing party shall be entitled to reasonable costs and
attorney's fees.
7. ENTIRE INSTRUMENT
7.1. This Agreement represents the entire understanding of the parties with respect to
the matter set forth and herein and any prior or contemporaneous understandings
are merged herein. This Agreement shall not be modified except by written
Agreement executed by the parties hereto.
8. ENFORCEMENT
8.1. This Agreement is solely for the benefit of the parties hereto and gives no third -
party right to any other entity or person. No joint venture is formed as a result of
this Agreement.
9. AMENDMENT
9.1. This Agreement may not be amended except by a written instrument signed by both
parties.
10. COUNTERPARTS
10.1. This Agreement may be executed in counterparts, each of which shall be deemed
an original agreement, and all of which shall constitute one agreement. The
execution of one counterpart by a party shall have the same force and effect as if
that party had signed all other counterparts.
11. INCORPORATION OF RECITALS
11.1. The Recitals contained in this Agreement, and the Preamble paragraph preceding
the Recitals, are hereby incorporated into this Agreement as if fully set forth herein.
12. NO THIRD -PARTY BENEFICIARIES
12.1. This Agreement is for the benefit of the Parties hereto only and is not intended to
benefit any other person or entity, and no person or entity not a signatory to this
Agreement shall have any third -party beneficiary or other right whatsoever under
this Agreement. No other person or entity not a party to this Agreement may
enforce the terms and provisions of this Agreement.
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13. SEVERABILITY
14.
13.1. The provisions of this Agreement are separate and severable. The invalidity of any
clause, sentence, paragraph, subdivision, section, or portion or the invalidity of the
remainder of this Agreement, or the validity of its application to other persons or
circumstances, shall not affect the validity of the remainder of this Agreement, or
the validity of its application to other persons or circumstances.
HEADINGS
14.1. The headings in this Agreement are inserted for reference only and shall not be
construed to expand, limit, or otherwise modify the terms and conditions of this
agreement.
IN WITNESS WHEREOF, the parties hereby enter into this Agreement as of the latest
date written below.
CITY OF SEATAC
Name: Carl C. Cole
Title: City Manager
Date:
APPROVED AS TO FORM:
Name: Mark S. Johnsen
Title: Senior Assistant City Attorney
4
CITY OF TUKWILA
Name: David Cline
Title: City Administrator
Date:
APPROVED AS TO FORM:
Name: Rachel Turoin
Title: City Attorney
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City of Tukwila
City Council Public Safety Committee
PUBLIC SAFETY COMMITTEE
Meeting Minutes
August 19, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Dennis Robertson, Chair; Kate Kruller, Zak Idan
Staff: David Cline, Hari Ponnekanti, Brandon Miles, Laurel Humphrey
CALL TO ORDER: Chair Robertson called the meeting to order at 5:30 p.m.
I. ANNOUNCEMENT
II. BUSINESS AGENDA
A. Interlocal Agreement: Justice Center Frontage
Staff is seeking Council approval of an interlocal agreement with the City of SeaTac for
constructing frontage improvements in Military Road South right-of-way associated with the
development of the Tukwila Justice Center. SeaTac is completing improvements on Military
Road South from South 150t"toTukwila International Boulevard. During coordination meetings
between Tukwila and SeaTac it was determined that Tukwila should use Justice Center funds
to pay for frontage improvements (curb, gutter, sidewalks, landscaping, lighting, etc.) being
installed by SeaTac's contractors. The total cost is $238,553 and funds are available from the
contingency budget. Councilmember Kruller asked how using contingency results in cost
savings. Chair Robertson also asked for clarification on why contingency is being used, and staff
will return with that information. Councilmember Idan asked how far back the meetings with
the City of SeaTac were held. Staff has been coordinating with SeaTac for over a year.
UNANIMOUS APPROVAL. FORWARD TO AUGUST 26, 2019 COMMITTEE OF THE WHOLE.
III. MISCELLANEOUS
Adjourned 5:36 p.m.
Summary by LH
Committee Chair Approval
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