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HomeMy WebLinkAboutContract •• CAG-09-185 INTERLOCAL AGREEMENT BETWEEN KING COUNTY AND THE CITY OF RENTON RELATING TO PROCESSING OF CLEARING/GRADING AND ASSOCIATED BUILDING PERMIT APPLICATIONS FOR THE SOOS CREEK TRAIL THIS AGREEMENT is made and entered into this day by and between.the City of Renton, a municipal corporation in the State of Washington (hereinafter referred to as the "City") and King County, a home .rule charter County in the State of Washington(hereinafter referred to as the"County"). WHEREAS, the City annexed an area of unincorporated King County described in Attachment 1 and may annex additional areas of unincorporated King County (collectively referred to as the "Annexation Area"); and WHEREAS, all local governmental authority and jurisdiction with respect to the Annexation Area transfered from the County to the City upon the date of annexation; and WHEREAS, the County is proceeding with Phase V of the'Soos Creek Trail extension and portions of this extension will be located within the City, and future phases, if any, of the Soos Creek Trail extension will include portions located within the City; and WHEREAS, the County and City agree that having County staff process on behalf of the City all clearing/grading and associated building permit applications for the Soos Creek Trail extension, including permits for portions located within the City, for a transitional period will assist in an orderly transfer of authority and jurisdiction; and WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions shall be made by the City; and WHEREAS,this Agreement is authorized by the Interlocal Cooperation Act, RCW Chapter 39.34; NOW, THEREFORE, in consideration of the terms and provisions, it is agreed by and between the City and the County as follows: 1. Fees. The City shall adopt legislation authorizing the County to charge applicants fees in amounts currently specified or hereafter adopted in King County Code Title 27 for applications processed by the County in accordance with the terms of this Agreement. 2. Processing of Permit Applications. 2.1 Except as otherwise provided for herein, the County shall review on behalf of the City all clearing/grading and any associated building permit applications for Phase V of the Soos Creek Trail extension and future phases of the Soos Creek Trail extension, if any. This review includes review of clearing/grading and any associated building permit applications for those portions of the trail which are located within the City. The County's review of permit applications for those portions of the trail which are located within the City shall occur in accordance with the City's regulations to which the applications are vested and in accordance with the terms contained in this Agreement. Any decision • regarding whether or when an application has vested shall be made by the City. The City may rescind this authorization in accordance with the terms contained in Section 16. 2.2 Except as provided in Section 3 of this Agreement, the County's review of clearing/grading and associated building permits shall include rendering decisions to approve, condition or deny such applications; conducting inspections; issuing correction notices, permit extensions and completion of extensions; and evaluating compliance with approval conditions that extend beyond issuance of a certificate of occupancy. The County agrees to consult with the City prior to rendering any administratively appealable clearing/grading or associated building permit decision. Appeals of clearing/grading and associated building permit decisions, if any, shall be processed by the City; provided that the City and County may agree to have the County conduct such appeals on behalf of the City in particular instances where such processing by the County would further the orderly transition envisioned by this Agreement. At the City's request the County will provide testimony at public hearings. 2.3 The County shall review and make recommendations to the City's designated decision maker on applications to vary adopted road or drainage standards that are made in conjunction with a clearing/grading or associated building permit application being reviewed by the County pursuant to this Agreement. All final decisions on such variance applications shall be rendered by the City. 3. Permit Renewal or Extension. The County shall review and make a recommendation to the City on requests to renew permits that are approaching their expiration date without having completed the permitted activity. The City shall render any final decisions on such requests. 4. Records Management Upon Completion of Review or Termination. The County shall provide the City with a copy of files and records of all clearing/grading and associated building permits processed under this Agreement upon completion of permit review or termination of the Agreement under Section 11, whichever comes first. 5. SEPA Compliance. 5.1. In order to satisfy the procedural requirements of the State Environmental Policy Act (SEPA), the City and the County agree that the County will serve as lead agency for all clearing/grading and any associated building permit applications involving the Soos Creek Trail extension. The SEPA responsible official designated pursuant to King County Code section 20.44.020 shall serve as the SEPA responsible official to make threshold determinations and to supervise the preparation and content of environmental review. 5.2. Any and all appeals from SEPA threshold determinations and other SEPA matters relating to permits for the Soos Creek Trail extension processed under this Agreement shall be heard and decided by the County pursuant to the King County Code. 5.3. Any decision whether to condition or deny an application on SEPA grounds shall be made by the County. 6. Administrative and Ministerial Processing. County review specified in this Agreement is intended to be of an administrative and ministerial nature only. Any and all final recommendations on Renton Interlocal Agreement -2 Permit Processing for Soos Creek Trail Extension i • decisions of a discretionary nature shall be made by the City's designated decision maker and processed pursuant to the City's applicable review and appeal procedures. 7. Financial Guarantees. Any financial guarantee that is intended to secure compliance with project conditions that are being or will be reviewed by the City shall be turned over to or posted with the City, which shall have sole authority and discretion over its release and/or enforcement. Any financial guarantee that has been posted or is otherwise required in order to guarantee compliance with conditions that are being reviewed by the County pursuant to this Agreement shall be retained by or posted with the County. On behalf of the City, the County is authorized to accept such financial guarantees and to release them where it determines that conditions for release have been satisfied. In making such decisions whether to release a financial guarantee instrument, the County may at any time seek direction from the City. The City shall be solely responsible for making any demands or initiating any legal action to enforce financial guarantees. 8. Processing Priority. Within budgetary constraints, the County agrees to process building- related uildinbrelated and land use permit applications in accordance with the County's administrative procedures, at the same level of service as provided to County applications. 9. Fees and Reimbursement. 9.1 In order to cover the costs of providing services pursuant to the terms of this Agreement, the County is authorized to collect and retain such application and other fees authorized by the County fee ordinances adopted by the City pursuant to Section 1 above, or as may be modified at some future date by the County and the City. 9.2 For all applications excluded from County processing or transferred to the City pursuant to the terms of this Agreement, the County will retain the base permit fee and a percentage of fees equivalent to the percentage of permit processing and administration performed by the County on the application. Any remaining application fee amounts received by the County prior to exclusion or transfer shall be promptly forwarded to the City. 9.3 In order to cover the costs of providing review, technical and administrative assistance, and other services not otherwise reimbursed pursuant to this Agreement, including but not limited to providing testimony at public hearings pursuant to the City's request, the City shall pay the County at such hourly rate as specified in the version of King County Code Title 27 in effect at the time the services are performed. The County shall not seek reimbursement under this section for review services performed on an individual permit application where the County has already been fully compensated for such services by the receipt of permit application review fees. The County shall provide the City with quarterly invoices for assistance and services provided, and the City shall tender payment to the County within thirty days after the invoice is received. 10. Duration. This Agreement shall become effective upon approval by the City and the County and shall continue until December 31, 2014, unless otherwise terminated in accordance with Section 11 or extended in accordance with Section 12. 11. Termination. Either party may terminate this Agreement upon providing at least sixty(60) days written notice to the other party. Upon expiration or termination of this Agreement, the County shall Renton Interlocal Agreement 3 Permit Processing for Soos Creek Trail Extension • • cease further processing and related review of applications it is processing under this Agreement. The County shall thereupon transfer to the City those application files and records,posted financial guarantee instruments, and unexpended portions of filing fees for pending land use and building-related applications. Upon transfer, the City shall be responsible for notifying affected applicants that it has assumed all further processing responsibility. 12. Extension. The City and County may agree to extend the duration of this Agreement through December 31, 2019 or to a date prior thereto. In order for any such extensions to occur, the City shall make a written request to the County not less than sixty (60) days prior to the otherwise applicable expiration date. Any agreement by the County to the proposed extension(s) shall be made in writing. If the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the Agreement shall expire. 13. Indemnification, Hold Harmless and Defense. 13.1 The County shall indemnify and hold harmless the City and its officers, agents and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense, provided that the City retains the right to participate in said suit if any principal or governmental or public law is involved, and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 13.2 The City shall indemnify and hold harmless the County and its officers, agents and employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense, provided that the County retains the right to participate in said suit if any principal of governmental or public law is involved; and if final judgment be rendered against the County and its officers, agents, employees, or any of them, or jointly against the City and County and their respective officers, agents, and employees or any of them, the City shall satisfy the same. 13.3 The City and the County acknowledge and agree that if such claims, actions, suits, liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers and the County, its agents, employees, and/or officers, this section shall be valid and enforceable only to the extent of the negligence of each party, its agents, employees and/or officers. 13.4 In executing this Agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility that arises in whole or in part from the existence or effect of City ordinances, rules, regulations, policies or procedures. If any cause, claim, suit, action or proceeding(administrative or judicial), is initiated challenging the validity or applicability Renton Interlocal Agreement 4 Permit Processing for Soos Creek Trail Extension • of any City ordinance, rule or regulation, the City shall defend the same at its sole expense and if judgment is entered or damages awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorneys' fees. 14. Personnel. Control of County personnel assigned by the County to process applications under this Agreement shall remain with the County. Standards of performance, discipline and all other aspects of performance shall be governed by the County. 15. Administration. This Agreement shall be administered by the County Director of Development and Environmental Services or his/her designee, and by the City's designated decision maker or his/her designee. 16. Amendments. This Agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. Any modifications to this Agreement shall be in writing and signed by both parties. 17. Legal Representation. The services to be provided by the County pursuant to this Agreement do not include legal services,which shall be provided by the City at its own expense. 18. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties hereto. No other person or entity shall have any right of action or interest in this Agreement based upon any provision set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement tobe executed. KING COUNTY "F-D01..,)Cole. f /® 5 King County Executive Dated Approved as to Form: DANIEL T. SATTERBERG King County Prosecuting Attorney By: 4 4-If , 2-0 0� Senior I.eputy P •secuting Attorney Dated Renton Interlocal Agreement 5 Permit Processing for Soos Creek Trail Extension • I CITY OF RENTON 414 .L) t/3/0 Denis Law, Mayor Dated ATTEST 71Aut ' J. CJat1/-3-0200 Bonnie Walton, City Clerk Dated Approved as to Form Clete704)(4-0—"aeA.--- City Attorney Renton Interlocal Agreement 6 Permit Processing for Soos Creek Trail Extension � • Attachment 1 Benson Hill Annexation Legal Description BENSON HILL ANNEXATION LEGAL DESCRIPTION The lands included within the subject annexation are situated in parts of,Sections 21, 27, 28,29, 31, 32 and 33 in Township 23 North, and Sections 5 and 6 in Township 22 North, all in Range 5 East,W.M., in King County, Washington, said annexation area being more particularly described as lying within the following described boundary: Beginning at the southeast corner of those lands annexed to the City of Renton under Ordinance No. 1961 in the Southeast quarter of said Section 21 said southeast corner also being the point of intersection of the west line of the Southeast quarter of the Southeast quarter of said Section 21 and the southwesterly right of way margin of the City of Seattle Cedar River Pipe Line; Thence southeasterly along said southwesterly margin, crossing SE 160th Street, to the south line of said Southeast quarter; Thence westerly, along said south line to an intersection with the east line of the west half of the Northeast quarter of said Section 28; Thence southerly along said east line,to the northerly right of way margin of SE 164th Street; Thence easterly along said northerly margin to the point of intersection with the northerly extension of the easterly right of way margin of 128th Ave SE; Thence southerly along said northerly extension and the easterly margin thereof to the north line of the south half of said Northeast quarter; Thence easterly along said north line to an intersection with the east line of said Section 28; Thence southerly along said east line,to the northwest corner of"Tract A", Fairwood Park Division 7, as recorded under Volume 116 of Plats, Pages 88 through 90, said records, in said Section 27; Thence generally easterly, southerly, westerly and southerly along the various courses of said "Tract A", to a point on the northerly right of way margin of SE Petrovitsky Road(Petrovitsky Road Revision, Est. 5-28-62), in the Southwest quarter of the Southwest quarter of-said Section 27; Thence southeasterly perpendicular to the centerline of said SE Petrovitsky Road, a distance of 92'to the southerly margin thereof; Thence southwesterly, westerly and northwesterly along the various courses of said southerly right of way margin, crossing 128th Avenue SE, to the northwest corner of that portion of 128th Avenue SE dedicated per deed under King County Rec.No. 20000913001594, on the westerly • • right of way margin of 128th Avenue SE; Thence southeasterly and southerly along said westerly right of way margin, to an intersection with the east line of the west half of the Southeast quarter of said Section 28; Thence southerly along said east line,to the southeast corner of said subdivision said southeast corner also being the northeast corner of the Northwest quarter of the Northeast quarter of said Section 33; Thence southerly along the east line of said subdivision, to the southeast corner thereof, said southeast corner also being the northwest corner of the Southeast quarter of the Northeast quarter of said Section 33; Thence easterly along the north line of said subdivision, to an intersection with the northeasterly right of way margin of a 100'wide Puget Sound Power& Light Transmission Line right of way; Thence southeasterly along said northeasterly right of way margin,to an intersection with the northeasterly extension of the southeasterly lines of Lots 2 and 3, King County Short Plat No. 779463R, recorded under King County Rec. No. 8105060679; Thence southwesterly along said extension and the southeasterly lines of said lots, to an intersection with the northeasterly line of Lot 1, King County Short Plat No. C1077001,recorded under King County Rec. No. 7806080590; Thence northwesterly and southwesterly along the northeasterly and northwesterly lines of said Lot 1,to the most westerly corner thereof, said corner also being a point on the south line of Lot 2 ()Najd short plat; Thence westerly along said south line, to the northeast corner of Lot 4, King County Short Plat No. 775088, recorded under King County Rec. No. 7710200755; Thence southwesterly along the east line of said Lot 4 to the southeast corner thereof, said corner also being on the northwesterly line of Boulevard Lane Division No. 2, as recorded under Volume 82 of Plats, Pages 20 and 21, said records; Thence continuing southwesterly along said northwesterly line, and southerly along the westerly line of Boulevard Lane Division 1, as recorded under Volume 80 of Plats, Pages 89 and 90, records of King County, Washington, to the westernmost southwest corner of said plat, said southwest corner also being on a line 1073.56 feet north of and parallel with the south line of the Southeast quarter of said Section 33; Thence westerly along said parallel line,to a point 300.00 feet easterly of the west line of said subdivision, as measured perpendicular thereto, said point also being on the north line of Boulevard Lane Park, as deeded to King County under King County Rec.No. 19991011001557; Thence southeasterly along the east line of said park to the point of intersection of a line 422 feet • east of and parallel with the west line of said subdivision and a line 300 feet north of and parallel with the south line of said subdivision; Thence continuing southerly along said east line,parallel with the west line of said subdivision, to a point on the northerly right of way margin of SE 192nd Street, said northerly right of way margin being 50 feet northerly of the south line of said Section 33 and the centerline of SE 192nd Street; Thence westerly along the various courses of said northerly right of way margin, crossing 120th Avenue SE, 116th Avenue SE, 114th Place SE and 113th Way SE to its intersection with the easterly right of way margin of State Route 515, said intersection being 40 feet right of Station 270+50 per Washington State Department of Highways, Right of Way Plan SR 515 MP 3.87 to MP 5.15, Renton Vicinity: SE 196th to Can Road, Sta 257+00 to Sta 283+00, Sheet 2 of 4 Sheets in said Section 32; Thence westerly, crossing State Route 515 (108th Avenue SE),to a point 40 feet left of Station 270+40 per said Right of Way Plan; Thence southerly along the various courses of the westerly right of way margin of State Route 515 (108th Avenue NE), crossing SE 192nd Street, SE 196th Street and SE 199th Street,to the northerly right of way margin of SE 200th Street in the north west quarter of said Section 5; Thence westerly along the various courses of said northerly right of way margin, crossing 106th Avenue SE, 105th Avenue SE and 104th Avenue SE, to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3885; Thence northerly, easterly and westerly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. 3885 &3109 to the point where said existing limits as annexed under City of Renton Ordinance No. 3109 leaves the section line common to Sections 5 &6 and enters said Section 6; Thence northerly along said common section line to its intersection with the existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3268; Thence generally northerly and easterly along the various courses of the existing limits of the City of Renton as annexed under City of Renton Ordinance Nos. (in order from south to north) 3268, 5205, 5041, 3268, 4069, 1743, 4476, 1971, 3864, 1971, 5236, 1971, 3742, 1971, 3108, 1909, 5208, 3730, 2224, 1871 and 1961 to the Point of Beginning; EXCEPT the north 100 feet of the west 230 feet of the South half of the South half of the Northwest quarter of the Southeast quarter of said Section 29,previously annexed to the City of Renton under Ordinance No. 3432. TOGETHER WITH the following: That portion of Lot 3, King County Short Plat 779163R recorded under King County Rec.No. • 8105060679,within the South half of the Northeast quarter of the Northeast quarter of said Section 33, if any; and Those portions of the Northeast quarter of said Section 6 and the Northwest quarter of said Section 5, lying southerly, westerly, southerly and westerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance Nos. (in order from north to south): 3268, 3751, and 3109, and lying northerly of the northerly right of way margin of S. 200th Street; and That portion of the Northwest quarter of said Section 5, lying northerly of the northerly right of way margin of S. 200th Street, westerly and southerly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3885, and easterly of existing City of Renton Limits Line as annexed under City of Renton Ordinance No. 3109.