HomeMy WebLinkAboutContract11 -024
Council Approval 1/17/12
CAG -10 -163
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA
AND THE CITY OF RENTON RELATING TO THE PROCESSING OF BUILDING
PERMITS AND LAND USE APPLICATIONS FOR THE TUKWILA SOUNDER
STATION
THIS INTERLOCAL AGREEMENT ( "the Agreement ") is entered into by and between
the CITY OF TUKWILA, a State of Washington municipal corporation (hereinafter referred to
as "Tukwila "), and the CITY OF RENTON, a State of Washington municipal corporation
(hereinafter referred to as "Renton ") and in conformity with Chapter 39.34 RCW.
RECITALS
WHEREAS, Sound Transit Plans recommend a permanent commuter rail station in
Tukwila on property acquired by Sound Transit that is addressed in Tukwila as 7301 Longacres
Way with a legal description attached as Exhibit A and is incorporated herein by reference
( "Tukwila Sounder Station "); and
WHEREAS, the temporary and permanent use of additional land within the City of
Renton is needed for the construction and access to the east platform of the Tukwila Sounder
Station; and
WHEREAS, the majority of the planned permanent station area of the Tukwila Sounder
Station is in the City of Tukwila, however, a portion of the improvements, such as part of a
platform, and pedestrian and emergency access, will be within the jurisdictional limits of the City
of Renton. The municipal boundary line relative to the temporary and permanent Tukwila
Sounder Station improvements is illustrated in Exhibits B & C attached and incorporated herein
by reference; and
WHEREAS, Tukwila and Renton agree that having Tukwila process all Tukwila
Sounder Station building - related and environmental permits and land use applications on behalf
of Renton will provide greater consistency for the Sound Transit project and cost efficiencies for
both parties; and
WHEREAS, it is the parties intent by virtue of this Agreement that any and all
discretionary decisions related to the Tukwila Sounder Station shall be made by Tukwila; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW
39.34;
NOW THEREFORE, in consideration of the following recitals and the mutual promises
and covenants contained herein, it is agreed as follows:
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Page 1
AGREEMENT
1. Purpose of Interlocal Agreement. The purpose of this Agreement is to provide a
single, efficient land use, environmental, and building permit review and decision - making
process using one set of development regulations in order to avoid the inherent uncertainty of
two separate review processes and concomitant waste of public and private resources that would
serve only to increase costs for both cities, the applicant, and the general public. This Agreement
is meant to assure the applicant that upon government approval of the Tukwila Sounder Station
project as provided for in this Agreement, the applicant may proceed with development of the
project in reliance upon that approval.
2. Review and Decision - Making Process for Building Permits, Environmental Permits,
and Land Use Applications and Approvals Needed for the Sound Transit Platform Project.
2.1 Tukwila shall be solely responsible for receiving and processing any and all
building- related permits, environmental permits or applications, and land use applications for the
Tukwila Sounder Station pursuant to the Tukwila Municipal Code ( "TMC ").
2.2 For applications that require public notice, Tukwila must include Renton on
the list of agencies who will receive notice. Response to the notice will be required for Renton to
be a party of record.
2.3 For the purposes of this Agreement, building- related permits include, but are
not limited to building permits, electrical, plumbing and mechanical permits, fire system/fire
sprinkler permits, and clearing and grading permits.
2.4 Tukwila's processing and review of building- related permits, environmental
permits, and land use applications 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; approve final construction, and evaluating
compliance with approved conditions.
2.5 Appeals of any decisions by Tukwila shall be processed by Tukwila pursuant
to applicable Tukwila Municipal Code provisions.
3. Duration and Termination. The initial term of this Agreement shall begin upon written
execution by both parties and will continue in effect so long as neither party terminates. 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. Tukwila shall provide Renton with a copy of
files and records of all land use, environmental, and building permit applications processed under
this Agreement upon termination of this Agreement. Tukwila shall further be available to
Renton to provide any further information or assistance regarding project should the parties opt
to terminate the Agreement.
Page 2
4. Indemnification.
4.1. Tukwila shall indemnify and hold harmless Renton 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 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 Renton, 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
against Tukwila or its officers, agents, employees and elected officials, or any of them, or jointly
against Renton and Tukwila and their respective officers, agents, employees and elected
officials, or any of them, Tukwila shall satisfy the same.
4.2. Renton 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 Renton, its officers, agents, employees and elected officials, or any of
them, relating to or arising out of the performance of this interlocal agreement. In the event that
any suit based upon such a claim, action, loss or damage is brought against Tukwila, Renton
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 against Tukwila or its officers, agents, employees and elected officials, or
any of them, or jointly against Tukwila and Renton and their respective officers, agents,
employees and elected officials, or any of them, Renton shall satisfy the same.
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 departments' 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
within thirty (30) days, 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.
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 Renton, 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 Renton are acting as Renton employees.
Page 3
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
third party a cause of action (as a third -party beneficiary or otherwise) on account of any
nonperformance hereunder.
10. Entire Proposal. This proposal constitutes the entire proposal between the parties
hereto and no other proposals, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in
the proposal. Proposed changes that are mutually agreed upon shall be incorporated by written
amendment hereto.
11. Filing With Auditor. This Agreement shall be filed with the King County Auditor
pursuant to RCW 39.34.040.
CITY OF TUKWILA CITY OF RENTON
B:
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Attest: ' J-` - j .,
Christy O'Fla erty, CMC
City Clerk
By: :44�
Mayor Denis Law
Attest: ,
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Jason AA. Seth, Deputy City Clerk
Exhibit A — Legal Description of Sound Transit property in Tukwila
Exhibit B — Overall site plan of existing station improvements
Exhibit C — Enlarged view of boundary /improvement jurisdictional split
Page 4
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EXHIBIT A
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF
WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS:
PARCEL A (LOT 2)
THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTIONS
24 AND 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING WEST OF THE BURLINGTON. NORTHERN RAILROAD RIGHT -OF-
WAY EAST OF THE UNION PACIFIC RAILROAD RIGHT -OF -WAY, NORTH OF THE CITY
OF SEATTLE BOW LAKE PIPELINE RIGHT -OF -WAY, AND SOUTH OF THE EASTERLY
PROLONGATION OF THE MONUMENTED CENTERLINE OF SOUTH 158TH STREET.
TOGETHER WITH THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46
DESCRIBED ABOVE, BEGINNING ON THE 2M LINE OF PRIMARY STATE HIGHWAY NO.
1 GREEN RIVER INTERCHANGE AT HIGHW ENGINEERING STATION 2M 149 +25.97
POINT OF TANGENCY "Y" 0 +00;
THENCE NORTH 87 007'32" EAST ALONG SAID "Y" LINE 418.74 FEET TO
INTERSECTION WITH THE WESTERLY MARGIN OF PUGET SOUND -POWER & LIGHT
RIGHT -OF -WAY;
THENCE SOUTHERLY ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO A POINT 20
FEET SOUTH OF, MEASURED AT RIGHT ANGLES TO THE EASTERLY PRODUCED LINE
OF THE ABOVE DESCRIBED "Y ";
THENCE NORTH 87 008'04" EAST 100 FEET TO EASTERLY MARGIN OF PUGET SOUND
POWER & LIGHT RIGHT -OF -WAY TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 87 008'04" EAST 124.74 FEET TO WESTERLY MARGIN
OF UNION.PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE NORTH 03 040'04" EAST ALONG THE WESTERLY RIGHT -OF -WAY MARGIN TO
THE SOUTHERLY MARGIN OF LOT 1 OF THE CITY OF TUKWILA BOUNDARY LINE
ADJUSTMENT NO. 81 -36 SPE RECORDING NO. 8111090569;
THENCE SOUTH 87013129" WEST 127.45 FEET;
THENCE SOUTH 01 026'34" EAST TO THE POINT OF BEGINNING.
PARCEL B (LOT 3)
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY
MEADER DONATION CLAIM NO. 46 IN THE NORTH HALF OF THE NORTHWEST
QUARTER ALL SITUATE IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST,
W.M., BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY
MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY MAIN TRACT CENTERLINE AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY
MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD
COMPANY'S OLD MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND
CONSTRUCTED;
(CONTINUED)
SPECIAL ENDORSEMENT
DESCRIPTION CONT.
POLICY NO. 377122 -BK
ON THE SOUTH BY ALINE DRAWN PARALLEL WITH AND DISTANT 150 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID DONATION CLAIM;
ON THE.NORTH BY THE SOUTH MARGIN OF THE CITY OF_SEATTLE`S 30 FOOT WIDE
BOW LAKE PIPELINE RIGHT -OF -WAY AS CONVEYED TO THE CITY OF SEATTLE, BY
DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE
EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD
RIGHT -OF -WAY;
THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID
DONATION CLAIM,•
THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A
DISTANCE OF 80 FEET;
THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN
OF SAID CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT -OF-
WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF
BEGINNING.
PARCEL C
AN EASEMENT FOR ACCESS AND ROADWAYS AS DISCLOSED BY AND DESCRIBED IN
KING COUNTY RECORDING NO. 9811051960.
PARCEL D
RECIPROCAL EASEMENTS AS DISCLOSED BY AND DESCRIBED IN KING COUNTY
RECORDING NOS. 9811051961 AND 9811051962.
PARCEL E
THOSE EASEMENTS FOR ACCESS AND STORM DRAINLINES AS DISCLOSED BY AND
DESCRIBED IN KING COUNTY RECORDING NO. 9305182053.
SPECIAL ENDORSEMENT
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PRELIMINARY PROPERTY REFERENCE MAP
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SOUNDTRANSIT �ojA�— �>2r��ojc� -8r3o SEPTEMBER 19, 2011
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