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HomeMy WebLinkAboutRES 4495CITY OF RENTON, WASHINGTON RESOLUTION NO. 4495 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A MITIGATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGMENT WITH SEATTLE SOCCER, LLC dba SEATTLE SOUNDERS FC AND FURTHER AUTHORIZING THE SALE OF 0.1875 CREDITS FROM THE SPRINGBROOK CREEK WETLAND MITIGATION BANK FOR THE SUM OF $247,851.56. WHEREAS, the Springbrook Creek Wetland Mitigation Bank ("SMB") was established August 8, 2006 through the execution of a Mitigation Bank Instrument developed by the City and the Washington State Department of Transportation, and approved by the City, the Washington State Department of Ecology, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of Engineers; WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable adverse impacts to waters of the United States, including wetlands, and to aquatic habitat, which result from activities authorized by Federal, State, and local authorities; WHEREAS, SEATTLE SOCCER, LLC dba SEATTLE SOUNDERS FC has land use approval for the Sounders FC Center at Longacres 1901 Oaksdale Ave SW (LUA22-000357). The proposal includes the use of a portion of an existing office building for Sounders FC office space and indoor training facilities and associated activities, outdoor recreation facilities including five (5) full-size soccer fields a Goal Keepers Field and accessory structures, and reconfiguration of and existing surface parking lot; WHEREAS, a Category II wetland was identified to the northwest of the project site, a Category II wetland has a standard buffer of 100 feet for low impact land uses and 150 feet for 1 RESOLUTION NO. 4495 all other land uses, and provides a significant challenge for developing the soccer fields necessary for the Sounders FC Center; WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331 square feet (0.3749 acres) of the Category II wetland buffer; WHEREAS, although on -site wetland mitigation is the preferred mitigation method pursuant to the Renton Municipal Code, the Seattle Sounders determined such a method to be infeasible due to the lack of suitable areas that would still allow for the soccer fields required for a professional soccer team; and WHEREAS, as an alternative to on -site mitigation, the Seattle Sounders proposed as part of its land use application, fill activity within the wetland buffer that results in unavoidable indirect impacts to 0.3749 acre(s) of Category II wetlands and purchase 0.1875 credits from the S M B; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into a Mitigation Credit Purchase Agreement and Acknowledgement with Seattle Sounders FC, attached hereto as Exhibit "A" and incorporated by this reference. SECTION II. The City Council hereby authorizes the sale of 0.1875 credits from the SMB for the sum of $247,851.56 in compensation for the Projects anticipated 0.3749 acres of permanent indirect wetland impacts. PASSED BY THE CITY COUNCIL this 8th day of May, 2023. 2 RESOLUTION NO. 4495 APPROVED BY THE MAYOR this 8th day of May, 2023 Approved as to form: Shane Moloney, City Attorney RES- CED:1933:3/28/23 3 Exhibit A to Resolution SPRINGBROOK CREEK WETLAND MITIGATION BANK MITIGATION CREDIT PURCHASE AGREEMENT AND ACKNOWLEDGEMENT THIS AGREEMENT, dated for reference purposes as , is by and between the City of Renton (the "City"), a Washington municipal corporation, and Seattle Soccer, LLC dba Seattle Sounders FC, a Delaware corporation ("Applicant"). The City and the Applicant are referred to collectively in this Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. RECITALS: WHEREAS, the Springbrook Creek Wetland Mitigation Bank ("SMB") was established August 8, 2006 through the execution of a Mitigation Bank Instrument ("MBI") developed by the City and the Washington State Department of Transportation, and approved by the City, the Washington State Department of Ecology, the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the Federal Highway Administration, and the U.S. Army Corps of Engineers (the "Corps"). The MBI established guidelines and responsibilities for the establishment, use, operation, and maintenance of the SMB; and WHEREAS, the SMB was established to provide compensatory mitigation for unavoidable adverse impacts to waters of the United States, including wetlands, wetland buffers, and to aquatic habitat, which result from activities authorized by Federal, State, and local authorities; and WHEREAS, pursuant to the provisions and conditions of the MBI governing the SMB, the City has performed reestablishment, rehabilitation, and enhancement of wetlands, combined with the enhancement of upland and riparian areas. In recognition of meeting objectives and performance standards established through the MBI, the Interagency Review Team ("IRT") has released to the SMB mitigation credits for use in compensation for future activities unavoidably impacting aquatic resources; and WHEREAS, pursuant to Section 4.3 of the MBI, City is authorized to sell, transfer, or use the released SMB mitigation credits for its own activities, or for activities undertaken by public or other private entities; and WHEREAS, SMB has available mitigation credits, generated through SMB establishment and released by the IRT pursuant to Sections 4.2 and 4.3 of the MBI, that have not been utilized by the City, have not been otherwise sold or transferred to third parties, and are active on the SMB credit ledger maintained pursuant to Section 4.4 of the MBI. These credits are available to utilize in the SMB service area, portions of Water Resource Inventory Areas (WIRAs ) 8 and 9, as defined in Section 1.3 of the MBI; and WHEREAS, Applicant is proposing the construction of the Sounders FC Center at Longacres at 1901 Oaksdale Ave SW Ave NE, more fully described in paragraph 4 below (hereinafter the "Project"). The purpose of the Project is to provide a new training center and headquarters for Sounders FC. Unico Longacres South Building LLC, Unico Longacres South Campus Land LLC, and Unico Longacres Central Drainage LLC own the Project Site, which is leased and will be operated and maintained by the Applicant; and WHEREAS, City acted as lead agency for the State Environmental Policy Act (SEPA) Review for the Project and on December S, 2022, issued a Determination of Non -Significance — Mitigated (DNS-M) for the Project with certain mitigation measures. a. Construction on the project site shall comply with the recommendations of the submitted Geotechnical Report, prepared by GeoEngineers, dated June 23, 2022. b. The applicant's geotechnical engineer shall review the project's construction plans for the new fields and the building permit plans for the proposed maintenance building and elevated patio addition to verify compliance with the submitted geotechnical report. The geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the construction and building permit plans and in their opinion the plans and specifications meet the intent of the report. c. The artificial turf field program, including field design, construction and operation, together with stormwater management and water quality treatment for drainage from the artificial turf fields, shall assure that the field materials do not result in a probable adverse environmental impact on fish and wildlife. The proposed water quality treatment facility shall be a Filterra Bioscape facility sized to treat the 2-year storm event or equivalent as approved by the City and the applicant shall undertake quarterly water quality tests of field drainage, during the life of the field or for a five (S) year -period, whichever comes first. The applicant will submit a monitoring protocol to test 0 PAGE 2 OF 10 for SBR Crumb Rubber constituents of concern in field drainage for City approval. d. When the fill within the synthetic turf athletic fields is replaced, the applicant shall be required to go through a new Environmental Review. e. The applicant shall demonstrate that the proposed underground storage chambers, to be utilized for compensatory storage, would not have an adverse impact on salmonids and would ensure that salmonids would not get trapped within the proposed underground storage chambers. f. The applicant shall follow the Department of Ecology guidance for Tacoma Smelter Plume soil contamination testing and remediation as instructed in the agency's letter (Exhibit 15). g. The applicant shall submit an Inadvertent Discoveries Plan prepared by a qualified professional with the civil construction permit for review and approval by the Current Planning Project Manager prior to permit issuance. WHEREAS, due to unavoidable construction impacts, the Project will impact 16,331 square feet (0.3749 acres) of Category II wetland buffer. Wetland A is located along the eastern boundary of the project site and would be classified as a Category II wetland with a moderate habitat score. The Project and the impacted wetland buffer fall inside the service area of the SMB. The SMB is in the immediate region and contains wetland characteristics representative of the environment of wetlands affected at the project site; and WHEREAS, the City has determined pursuant to RMC 4-3-050 Critical Areas Regulations that the proposed activity in the Project includes fill in the wetland buffer, which results in unavoidable indirect impacts to 0.3749 acre(s) of Category II wetlands, as approved and conditioned in the Hearing Examiner decision issued January 12, 2023 for Land Use Action Number LUA22-000357, which decision was not appealed, and that compensatory mitigation is required; and WHEREAS, the Applicant has submitted and the City has approved a Wetland Mitigation Plan that includes the purchase of SMB credits as described in this Agreement, as well as conducting habitat restoration near the Project Site to remove invasives and plant native wetland species within the Wetland Enhancement Buffer Area, as described in said Report; and 0 PAGE 3 OF 10 WHEREAS, the Applicant desires to acquire 0.1875 credits from the SMB, to compensate for the Project's anticipated 0.3749 acre(s) of indirect wetland impacts applying the adjustment factor of 0.5 for indirect wetland impact (i.e. wetland buffer impacts) in accordance with Section 4.3 of the Springbrook Bank Mitigation Banking Instrument; and WHEREAS, the City desires to sell the Applicant 0.1875 mitigation credits from the SMB; and WHEREAS, the City and the Applicant desire to enter into this Agreement to set forth the terms and conditions pursuant to which the sale and transfer of aquatic resource mitigation credits will be impacted. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Purchase/Sale: The City hereby sells to Applicant and Applicant hereby buys from the City 0.1875 mitigation credits on the terms, covenants, and conditions set forth in this Agreement. 2. Compensation: The City has determined it to be in the City's best interest to sell 0.1875 credits from the SMB to Applicant, at the rate of $1,321,875 per credit adjusted by a factor of 0.5 for indirect wetland impacts (i.e. wetland buffer impacts), for the total credit price of $247,851.56. The Applicant shall pay said sum upon execution of this Agreement. 3. Effective Date: The effective date of the credit transaction shall be the date upon which this Agreement is fully executed by both Parties, and payment to the City is made as provided herein. 4. Project: The Project, permit(s), and related information is as follows: A. Applicant's Name, Address, Telephone Number, E-mail Address: Seattle Sounders FC 406 Occidental Avenue S., Seattle, WA 98104 (206) 512-1240 mayam@soundersfc.com 0 PAGE 4 OF 10 B. Land Use Action Number: LUA22-000357. C. Brief Description of Impact(s) to be Compensated for by the Project Mitigation Credits: Indirect Impacts to 0.3749 acres of Category II wetland. D. Other Permits (as applicable): Construction Permit, Building Permit. Construction Permit Number: C22005747. * This Agreement does not relieve the Applicant from obtaining any required federal, state, or local permits not related to wetland impacts. 5. Responsibility of the Applicant: Upon delivery of full payment as described above, the obligations of the Applicant under this Agreement shall be satisfied. 6. Responsibility of the City: A. The City certifies that sufficient credits are available in the SMB ledger to satisfy the credit transaction called for in this Agreement. Upon Applicant's payment of the full purchase price as set forth in this Agreement, the City will provide the Applicant with a receipt for the Applicant's purchase of 0.1875 credits from the SMB. B. The City will record the transaction in the SMB ledger and make applicable notifications and reports to the members of the IRT, pursuant to Section 4.4 of the MBI. C. Pursuant to 33 Code of Federal Regulations §332.3(I)(3), the City and its successors and assigns, accept responsibility for providing mitigation in compensation for aquatic resource function loss, equivalent to 0.1875 mitigation credits generated through the establishment, management, and maintenance of the SMB, upon the effective date of the credit transaction provided for under this Agreement. 7. Record Maintenance: The Applicant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws. The Applicant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington 0 PAGE 5 of 10 State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Applicant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Project, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Applicant believes said records need to be protected from disclosure, it may, at Applicant's own expense, seek judicial protection. Applicant shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Applicant has responsive records and for which Applicant has withheld records or information contained therein, or not provided them to the City in a timely manner after notice of the request from the City to Applicant. Applicant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Successors and Assigns: N/A 10. Notices: Except for service of legal process, any notice required under this Agreement will be in writing, addressed to the appropriate Party at the address which appears below (as modified in writing from time to time by such Party), and given personally, by registered or certified mail, return receipt requested, by email, or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT email delivery will be deemed to have commenced on the first business day following transmission. Telephone may be used for purposes of administering the Agreement but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Jill Ding 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6598 jding@rentonwa.gov (D PAGE 6 OF 10 APPLICANT Seattle Sounders FC Name:_Maya Mendoza-Exstrom Title: Chief Operating Officer Address: 406 Occidental Avenue S. Seattle, WA 98104 And Copy to City Clerk cityclerk@ rentonwa.gov Phone:_(206) 512-1240 E-mail Address: mayam@soundersfc.com And Copy to: Hillis Clark Martin & Peterson, P.S. Attn: Ann Gygi 999 Yd Avenue, Suite 4600 Seattle, WA 98104 Email: ann.gygi@hcmp.com 11. Other Provisions: A. No Interest in Property: This Agreement shall not be construed as a transfer of any interest in property, real or personal, from one Party to the other. B. Effect of Agreement: This Agreement does not in any manner affect the statutory authorities and responsibilities of the Parties. This Agreement is not intended, nor may it be relied upon, to create any rights or remedies in third parties enforceable in litigation with the United States, the State of Washington, or any agency thereof. C. Approval Authority. Each individual executing this Agreement on behalf of the City and Applicant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Applicant. D. General Administration and Management. The City's project manager is Jill Ding, Senior Planner, Community and Economic Development Department. E. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. F. Conflicts. In the event of any inconsistencies between Applicant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for which they are referenced within this Agreement. To the extent an Applicant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. 0 PAGE 7 OF 10 G. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. H. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. I. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Applicant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Applicant is a foreign corporation not registered with the State of Washington. J. Severability. A court of competent jurisdiction's determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. K. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. L. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. M. Third -Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. N. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other Party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. 0 PAGE 8 OF 10 0. Waivers. All waivers shall be in writing and signed by the waiving party. Either Party's failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Applicant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. P. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Q. Recording. A Notice of Wetland Mitigation Credit Sales in substantially the same or similar form as that attached hereto as Exhibit A shall be recorded with the King County Recorder's office. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON fil Armondo Pavone Mayor Date Attest Jason A. Seth City Clerk Approved as to Legal Form PAGE 9 OF 10 APPLICANT B: Y ,)" Nametya Men oza-Exstrom Title: 3/15/2023 Date By: Shane Moloney City Attorney SMB NS Contract Template Updated CLB 2/15/23 (939) 0 PAGE 10 OF 10 Exhibit A - Notice of Wetland Mitigation Credit Sales After recording return document to: City of Renton City Clerk's Office 1055 South Grady Way Renton, WA 98057 Grantor(s): City of Renton, a Washington municipal corporation Grantee(s): Seattle Soccer, LLC, a Delaware corporation Abbreviated Legal Description: PTN NW1/4 of Section 30, T23N, R5E,WM; and PTN NE1/4 and SE1/4 of Section 25, T23N, R4E,WM; and PTN NW1/4 of Section 36, T23N, R4E,WM Full Legal Description on Page(s) Exhibit A of document Assessor's Tax Parcel Number: 1253810090, 2523049004, 2523049019, 3623049002, and 1253810240 Reference Number of Related Documents: N/A NOTICE OF WETLAND MITIGATION CREDIT SALES SPRINGBROOK CREEK WETLAND MITIGATION BANK NOTICE IS HEREBY GIVEN that on the City of Renton, owner of the Springbrook Creek Wetland Mitigation Bank, transferred zero point one eight seven five (0.1875) of a wetland mitigation credit to Seattle Soccer, LLC dba Seattle Sounders FC. No Interest in Property: The transfer of wetland mitigation credit(s) as contemplated herein shall not be construed as a transfer of any interest in property, real or personal, from the City of Renton to Seattle Soccer, LLC dba Seattle Sounders FC. Project Name and Location: Approximately 30-acre Sounders FC Center at Longacres at 1901 Oaksdale Ave SW, Renton, WA 98057. These credits are to be applied to the following permit/project: Issuing Regulatory Agency: City of Renton Issue Date: January 12, 2023 Permit/Project No.: LUA22-000357 Page 1 Dated: , 2023. Grantor: City of Renton By Armondo Pavone Its Mayor ATTEST: Jason A. Seth, City Clerk Page 2 1032'111.119-1 Legal Description Springbrook Creek Wetland and Habitat Mitigation Bank as established and described on that certain Lot Line Adjustment LUA-06-095-LLA, recorded under King County recording number 20060824900007; Except therefrom any land transfers that have occurred since the Lot Line Adjustment recording. Page 3