HomeMy WebLinkAbout11-19-2012_Council Meeting
November 19, 2012 – 7 PM
City Council Chambers
110 E. Third
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coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
1. Presentation of APA/PAW award by Richard Hart, City of Covington Community
Development Director
2. Presentation of Department of Ecology Outstanding Performance Award
PROCLAMATIONS
PUBLIC COMMENT
Please limit remarks to three minutes.
CONSENT AGENDA
3. Minutes of the November 5 and 13, 2012 Council Meetings ATTACHMENT A
4. Accounts Payable
5. Approval of Olympic Avenue Road Closure on December 1st for the
annual Santa Parade ATTACHMENT B
6. Approval of Short Term Interfund Loan ATTACHMENT C
PUBLIC HEARING
1. 2013 Budget ATTACHMENT D
NEW BUSINESS
1. Adoption of Resolution setting Property Tax for 2013 ATTACHMENT E
2. Amendment #1 to AECOMM Contract for design of Airport Blvd
Phase 2
ATTACHMENT F
3. Adoption of the Snohomish County Legislative Agenda ATTACHMENT G
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
4. Authorization for Mayor to sign easement for gateway sign in
Smokey Point
ATTACHMENT H
DISCUSSION ITEMS
INFORMATION
ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
COUNCIL MEMBER REPORTS – OPTIONAL
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
To review all attachments, click here.
DRAFT
Page 1 of 3
Council Chambers
110 East Third
November 5, 2012
City Council Members Present by Roll Call: Dick Butner, Randy Tendering, Debora Nelson, Marilyn
Oertle, Chris Raezer, Ken Klein, and Steve Baker
Council Members Absent: There were no members of the Council absent.
City Staff Present: Mayor Tolbert, Allen Johnson, Kristin Banfield, Paul Ellis, Jim Chase, Police Chief
Nelson Beazley, Eric Scott, Kris Wallace, Bill Blake, Jan Bauer, and Steve Peiffle – City Attorney
Also Known to be Present: Mike Hobson – Airport Commission, Maxine Jenft – Cemetery Board, Jan
Schuette, Curt Hecla, Kari Ilonummi, Sarah Arney – North County Outlook, and Tiffany McAuslan
Mayor Tolbert called the meeting to order at 7:00PM, and the pledge of allegiance to the flag followed.
APPROVAL OF THE AGENDA
Marilyn Oertle moved to approve the Agenda. Chris Raezer seconded the motion which passed with a
unanimous vote.
PROCLAMATIONS
Proclamation for National Hospice and Palliative Care Month and Movember Proclamation
Mayor Tolbert gave brief information regarding each Proclamation.
PUBLIC COMMENT
Kari Ilonummi presented an update on the national political situation, as he sees it.
CONSENT AGENDA
Marilyn Oertle moved and Debora Nelson seconded the motion to approve the Consent Agenda which
was unanimously carried to approve the following Consent Agenda items:
1. Minutes of the October 15 and October 22, 2012 Council meetings, the September 29, 2012 City
Council Retreat, and the October 29, 2012 Joint Meeting
2. Accounts Payable
EFT Payments and Claims Checks #77859 through #77992 dated October 16, 2012 through
November 5, 2012 in the amount of $909,349.47, and
EFT Payments and Payroll Checks #27640 through #27669 for the period of October 1, 2012
through October 31, 2012 in the amount of 1,270,265.95
PUBLIC HEARING
Property Tax & Review Sources for the 2012 Budget
With the use of a power point presentation Finance Director Jim Chase presented the background of
information in regard to the Proposed Resolution Property Tax Levy request.
The Public Hearing was opened at 7:16PM. Jan Schuette, 18317 Cedarbough Loop, Arlington, asked
whether this would be a balanced budget, also if taxes could be increased this year by the Council.
The Public hearing was closed at 7:18PM and the Council asked questions.
Minutes of the Arlington
City Council Meeting
Minutes of the City of Arlington City Council Meeting DRAFT November 5, 2012
Page 2 of 3
No action was taken on this item.
UNFINISHED BUSINESS
There was no Unfinished Business.
NEW BUSINESS
Appointment of Tiffany McAuslan to the Parks Arts & Recreation Commission
Kristin Banfield introduced Tiffany McAuslan and asked for Council approval of her appointment. The
PARC had interviewed her and has recommended her appointment.
Marilyn Oertle moved to approve the appointment of Tiffany McAuslan to the Parks, Arts, and Recreation
Commission. Steve Baker seconded the motion that passed with a unanimous vote. She was then
welcomed as a new volunteer.
Adoption of Cemetery Road Naming Conventions
City Engineer Eric Scott noted that roads within the cemetery are presently unnamed and that new road
names had been recommended by the Cemetery Board.
Randy Tendering moved to approve the recommendations proposed by the Arlington Municipal Cemetery
Board regarding the naming of roads at the Arlington Cemetery. Marilyn Oertle seconded the motion that
passed with a unanimous vote.
Design Contract with MSA for Phase II of the Prairie Creek Drainage Improvements
Mr. Scott spoke to locations of the Prairie Creek flooding and benefits that would be afforded by the
proposed drainage improvements.
Dick Butner moved to accept the MSA proposal for Phase 2 of the Prairie Creek Drainage Improvements
and authorize the Mayor to sign the contract, pending final approval by the City Attorney. Randy
Tendering seconded the motion that passed with a unanimous vote.
67th Ave NE Phase III - KBA Contract Supplement #1
Mr. Scott spoke to the proposed construction management services that would be provided by an outside
management service.
Debora Nelson moved to approve Supplement #1 to the City of Arlington and KBA contract and authorize
the Mayor to sign Supplement #1, pending final review by the City Attorney. Marilyn Oertle seconded the
motion that passed with a unanimous vote.
Renewal of contract with Humane Society of Skagit Valley for Animal Shelter services
Police Chief Nelson Beazley addressed the annual renewal of the contract for animal shelter services.
There are no changes in the contract. He briefly spoke to the cost saving and addressed Council
comments.
Steve Baker moved to authorize the Mayor to sign the contractual agreement with the Humane Society of
Skagit Valley to provide for the care, detention and destruction of stray animals from the City of Arlington.
Dick Butner seconded the motion that passed with a unanimous vote.
Resolution adopting 2013 City Council Goals
Assistant City Administrator Kristin Banfield spoke to the 2013 goals that had been addressed at the last
Council workshop. Requested changes have been made and Ms. Banfield asked for resolution approval.
Discussion followed. It was suggested that the name be changed and the word “Council” was removed.
Marilyn Oertle moved to approve the proposed Resolution adopting the 2013 City Goals. Chris Raezer
seconded the motion that passed with a unanimous vote.
Minutes of the City of Arlington City Council Meeting DRAFT November 5, 2012
Page 3 of 3
ADMINISTRATOR & STAFF REPORTS
Allen Johnson gave an update of today’s meeting with Navy personnel. Community and Economic
Development Director Paul Ellis briefly spoke to the Curb Grant on the Prairie Creek Drainage.
MAYOR AND COUNCIL MEMBER REPORTS
Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker,
and Mayor Tolbert gave brief reports.
EXECUTIVE SESSION
City Attorney announced that there would not be need for an Executive Session.
ADJOURNMENT
With no further business to come before the Council, the meeting was adjourned at 8:01PM.
____________________________
Barbara Tolbert, Mayor
DRAFT
Page 1 of 2
Council Chambers
110 East Third Street
November 13, 2012
Dick Butner, Randy Tendering, Debora Nelson, Marilyn Oertle, Chris Raezer, Ken Klein, Steve Baker,
Mayor Tolbert, Allen Johnson, Kristin Banfield, Jim Chase, Eric Scott, Jim Kelly, Eric Scott, Rob Putnam,
Bill Blake, Jan Bauer, Steve Peiffle – City Attorney
Council Members Absent: All Council members were present.
Also Known to be Present: Bob Nelson
Mayor Tolbert called the meeting to order at 7:00PM.
Marilyn Oertle moved to approve the Agenda, and Chris Raezer seconded the motion, which passed with
a unanimous vote approving the Workshop Agenda.
WORKSHOP ITEMS – NO FINAL ACTION WAS TAKEN
Presentation by Community Transit on the Smokey Point Transit Center Redevelopment – Todd
Morrow & Project Manager David True
Community Transit’s Todd Morrow introduced those from Community Transit who were present. He then
introduced project workers in attendance.
Project Manager David True gave an overview of the project and with the use of several charts, he spoke
to the proposed bus route, the design status, budget and functionality, properties have been procured,
meeting in held with the building department, and he stated that land use permits are in the process. He
then described the transportation emphasis corridor.
With the use of a power point presentation Dan Gerome distributed information and then discussed the
way in which bus service and the area would be improved with the addition of this Redevelopment.
Improvements would create improved safety, service, and transfers for bus users. He addressed the
transit design and amenities. This project is fully funded and the bidding process is scheduled to begin in
the spring of 2013 with construction to follow that summer. The permitting process with the City will begin
soon.
Mr. True then answered Council questions and concerns including art that might be incorporated within
the project, also lighting, parking, the transportation emphasis corridor, and design. Scott Ritterbush
spoke to the transportation emphasis corridor.
Todd Morrow noted ridership is only slightly down, even with major staff cuts.
Presentation on Engineering Library
Public Works Director Jim Kelly introduced GIS Coordinator Katy Heim who has developed the
engineering electronic library which will allow access of engineering information. With the use of an
overhead computer presentation Ms. Heim demonstrated ways in which this Library could be used and
the means by which one would search for desired information. A training session will soon be held. She
then answered Council questions.
Minutes of the Arlington
City Council Workshop
Minutes of the City of Arlington City Council Meeting November 13, 2012
Page 2 of 2
AECOMM Scope and Fee – Airport Blvd Phase 2
City Engineer Eric Scott spoke to the completion of Airport Boulevard Phase 1 and the request for
revisions and additions for design completion. He then answered Council questions and noted that the
money is in the budget.
2013 Budget & Property Tax Resolution Finance
Finance Director Jim Chase spoke to the willingness of the Council to impose a proposed 1% property tax
levy. He then distributed and spoke to the 2013 budget. Next Monday night a City Council Public
Hearing is scheduled for the 2013 Budget. Mr. Chase was complimented on his document.
Hotel Motel Tax Funding
Mayor Tolbert recused herself from this portion of the meeting and Mayor Pro Tem Marilyn Oertle took
over as Mayor.
Jim Chase spoke to applications received, and discussion followed regarding a Smokey Point Barbeque
Event request. Council requested and will receive event application information. A lengthy discussion
followed.
At this time Mayor Tolbert resumed her role as Mayor.
Short Term Interfund Loan
Jim Chase spoke to funds needing additional monies. He then answered Council questions.
Transfer of Development Rights
Stormwater Supervisor Bill Blake and Community and Economic Development Director Paul Ellis spoke
to the West Arlington / TDR draft code updates. Mr. Blake addressed the TDR weight ratios as they would
interface with the West Arlington planning area. Mr. Ellis and Mr. Blake answered many Council questions
and addressed concerns.
Adoption of the Snohomish County Legislative Agenda
Assistant City Administrator Kristin Banfield addressed the unified legislative agenda which would
hopefully translate into power and action. She then briefly spoke to several items included within the
Agenda. Formal adoption through a motion of approval will be considered at the next Council meeting.
She distributed information from the Association of Washington Cities. Ms. Banfield then answered
Council questions.
Olympic Avenue Road Closure for Santa Parade
Ms. Banfield requested Olympic Avenue closure for the Santa Parade on December 1 for Hometown
Holidays and the Santa Parade. Council is requested approval for this event.
Review of 2013 Prosperity Partnership Action Items
Councilman Ken Klein gave overall comments on the Prosperity Partnership and spoke to some of the
items within the policy directions.
Miscellaneous Council Items
There were no Miscellaneous Council Items.
PUBLIC COMMENT
There were no members of the Public who wished to speak on matters on the Agenda.
The meeting was adjourned at 8:59PM.
____________________________
Barbara Tolbert, Mayor
City of Arlington
Council Agenda Bill
Item:
CA #3
Attachment
B
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Street Closure for Special Event – Santa Parade
ATTACHMENTS:
none
DEPARTMENT OF ORIGIN
Executive / Recreation – Contact: Sarah Lopez
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is requested to review the proposed street closure for the Santa Parade on
December 1, 2012. The closure of Olympic Avenue from Division to 5th Street would
begin at 11am for parade line up. The parade is a “moving parade” with police escort
that begins at 12pm and concludes around 12:30pm. Parade route is Olympic Avenue
from 5th Street to 1st Street.
HISTORY:
This event went through the special event application and permit process. This is an
annual event.
ALTERNATIVES
Deny street closure.
RECOMMENDED MOTION:
I move to approve the closure of Olympic Avenue between 11am through 12:30pm for
the annual Santa Parade.
City of Arlington
Council Agenda Bill
Item:
CA #4
Attachment
C
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Short Term Interfund Loans
ATTACHMENTS:
Detail of Interfund Loans
DEPARTMENT OF ORIGIN
Finance Department, Jim Chase, Finance Director
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
At the end of October, the Equipment Rental Maintenance & Operations Funds needed an
additional loan to prevent a negative month-end cash balance. At the end of September and
again at the end of October, the Emergency Medical Services Fund also needed loans to prevent
a negative month-end cash balance. In accordance with Ord. 2012-005, allowing the Finance
Director to make such loans, the attached document (Exhibit 1) includes the loans made in
September and October.
HISTORY:
Previous to the Interfund Loan Program, various funds of the City were allowed to have
negative cash balance at the end of a month. With the Loan Program, funds that provide the
loans are paid interest by the borrowing funds.
ALTERNATIVES
Do nothing and allow funds to go into the red, thereby taking advantage of other funds by
“using” pooled funds and not paying interest. This could be in violation of RCW 43.09.210
which essentially states that no fund should unfairly benefit from another.
RECOMMENDED MOTION:
I move to approve the short term Interfund Loans made in September and October, as
presented in Exhibit 1, and direct the loans to be repaid as soon as there are sufficient funds to
do so.
2012 Interfund Loans Exhibit 1
Interest to be repaid at the Local Government Investment Pool monthly rate.
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
General Fund 2/29/2012 92,700.00$ -$ -$ 92,700.00$
3/31/2012 32,284.00 10.56$ - - 124,994.56
4/30/2012 - 14.45$ 25.01 124,984.00 -
124,984.00
Cause: Expect Property Tax Revenues in May to repay the loan
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Emergency Medical Services Fund 2/29/2012 65,500.00$ -$ -$ 65,500.00$
3/31/2012 124,084.00 7.46$ - - 189,591.46
4/30/2012 26,672.00 23.37$ - - 216,286.83
5/31/2012 - 25.83$ 56.66 216,256.00 -
- -$ -
8/31/2012 39,000.00 -$ 39,000.00
9/30/2012 125,100.00 6.01$ 164,106.01
10/31/2012 25,906.00 24.71$ 190,036.72
406,262.00
Cause: Expect Property Tax Revenues in May and November to repay the loan
FROM:
Equip Rental Replacement Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Equipment Rental M & O Fund 2/29/2012 14,000.00$ -$ -$ 14,000.00$
3/31/2012 6,662.00 1.59$ - - 20,663.59
4/30/2012 13,626.00 2.55$ - - 34,292.14
5/31/2012 12,332.00 4.10$ - - 46,628.24
6/30/2012 22,286.00 6.78$ - - 68,921.02
7/30/2012 1,840.00 10.13$ - - 70,771.15
8/31/2012 - 10.90$ - - 70,782.05
9/30/2012 - 10.66$ - - 70,792.71
10/31/2012 1,967.00 10.48$ 72,770.19
72,713.00
Cause: Annual Insurance bill paid in January and large Fire Truck repair bill paid in Feb.
Maintenance & repairs on aging vehicles (primarily in Police, Fire and EMS) and gas prices continue to be an issue.
Local Gov. Investment Pool Rate 1/31/2012 0.1213%
2/29/2012 0.1394%
3/31/2012 0.1367%
4/30/2012 0.1479%
5/31/2012 0.1433%
6/30/2012 0.1746%
7/30/2012 0.1764%
8/31/2012 0.1848%
9/30/2012 0.1807%
10/31/2012 0.1777%
City of Arlington
Council Agenda Bill
Item:
PH #1
Attachment
D
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Public Hearing for the 2013 Budget
ATTACHMENTS:
Ordinance adopting the 2013 Budget
2013 Draft Budget
DEPARTMENT OF ORIGIN
Finance – Contact Jim Chase, 360-403-3422
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Council is requested to receive public comments on the proposed 2013 budget as
required by state Law. The City Council is required, following public hearing, to adopt
the City’s budget by December 31st of each year. The City Council will be requested to
adopt the 2013 budget by ordinance at the December 3, 2012 City Council meeting.
HISTORY:
The City Council received the preliminary 2013 budget on September 29, 2012 and the
draft budget on November 13, 2012. The Council and City staff have discussed the 2013
budget at Council workshops, including most recently on November 13, 2012.
ALTERNATIVES
RECOMMENDED MOTION:
No action at this time.
City of Arlington
Council Agenda Bill
Item:
NB #1
Attachment
E
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Adoption of Resolution setting the Property Tax for 2013
ATTACHMENTS:
Proposed Resolution for setting property tax levy
Information sheet received from the Snohomish County Assessor’s Office
DEPARTMENT OF ORIGIN
Finance – Contact Jim Chase, 360-403-3422
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
Per the Snohomish County Assessor’s Office, the Assessed Value of property within the city
limits of Arlington dropped in value by approx. 6%. Based in this information, the proposed
General property tax levy rate for 2013 will increase to $ 1.41 (from $1.31) per $ 1,000 of
assessed valuation and the EMS levy maximum is $0.50 per $1,000 of AV. The proposed levy
includes the tax from new construction, annexations, the amount we are allowed to recoup
from refunds and abated taxes due to destroyed property and a 1% increase (the lesser of 1%
or Implicit Price Deflator (IPD)). IPD for this calculation is 1.295%. Property taxes are used to
provide basic city services.
Staff will bring an updated 2013 Budget document for the Council that reflects any changes
made to the document since the preliminary budget was distributed on 9/29/12.
HISTORY:
The City Council is required, following public hearing, to set an annual property tax levy by
November 30th of each year. Public hearing is scheduled on November 5 as required by law.
The City Council is requested to adopt a resolution setting the levy for 2013 at the November
19 city council meeting.
ALTERNATIVES
Increase the General property tax levy by 1%, plus tax on new construction, annexations and
refunds.
Don’t increase the General property tax levy.
RECOMMENDED MOTION:
I move to approve the proposed Resolution adopting the 2013 property tax levy.
RESOLUTION NO. 2012-xxx
A RESOLUTION OF THE CITY OF ARLINGTON
TO INCREASE THE 2013 PROPERTY TAX LEVY
WHEREAS, the City Council of the City of Arlington has met and considered its budget for
the calendar year 2013; and
WHEREAS, the City’s actual levy amount from the previous year (2012) was $2,392,478 for
regular property taxes and $911,255 for Emergency Medical Services (EMS) property taxes.
WHEREAS, the population of the City of Arlington is more than 10,000, and
WHEREAS, the City Council of the City of Arlington after hearing and after duly considering
all relevant evidence and testimony, determined that the City of Arlington requires a 2013 regular
property tax levy in the amount of $ 2,455,518 (includes refunds), and an EMS tax levy in the
amount of $866,485 (includes refunds) and includes estimated amounts resulting from the
addition of new construction and improvements to property, any increases in the value of state-
assessed property, and amounts authorized by law as a result of any annexations that have
occurred and refunds made, in order to discharge the expected expenses and obligations of the
City and in its best interest; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arlington
Section 1. That an increase in the regular property tax levy is hereby authorized for the 2013
levy in the amount of $ 23,925, which is a percentage increase of 1% from the previous year.
Section 2. That a decrease in the EMS property tax levy is hereby calculated for the 2013 levy
in the amount of $44,770, which is a result of a reduction in Assessed Value from the previous
year and a maximum levy rate of 50 cents per $1,000 of Assessed Value.
Section 3. These increases are exclusive of additional revenue resulting from the addition of
new construction and improvements to property and any increases in the value of state assessed
property, and any additional amounts resulting from any annexations that have occurred and
refunds made, also known as “add-ons”.
Section 4. If any provision, section, or part of this resolution shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the validity of the resolution as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
PASSED and APPROVED by the Mayor and City Council of the City of Arlington, at a
regular meeting held on the 19th day of November, 2012.
_____________________________
ATTEST: Barbara Tolbert, Mayor
___________________________
City Clerk
APPROVED AS TO FORM:
___________________________
City Attorney
City of Arlington
Council Agenda Bill
Item:
NB #2
Attachment
F
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Airport Blvd Phase 2 Design Contract Supplement No. 1
ATTACHMENTS:
AECOMM Scope and Fee
DEPARTMENT OF ORIGIN
Public Works – Eric Scott
EXPENDITURES REQUESTED: $35,250
BUDGET CATEGORY: Transportation Improvement Fund, and
Airport Reserve Fund
LEGAL REVIEW:
DESCRIPTION:
Scope and fee for Supplement No. 1 to AECOMM contract for design of Airport Blvd
Phase 2.
HISTORY:
The City is moving forward with finalizing the design of Airport Blvd Phase 2. The
original design was completed several years ago, however, some additional elements
within the project need to be revised based on the construction of Airport Blvd Phase 1
and the proposed 173rd alignment. AECOMM has submitted their scope and fee for
completing the design and assisting with bidding of the project.
ALTERNATIVES
- Do not accept Supplement No. 1 to the AECOMM contract
- Table for further discussion
RECOMMENDED MOTION:
I move to approve Supplement No. 1 to the AECOMM contract with the City of
Arlington and authorize the mayor to sign the Supplement, pending final review by the
City Attorney.
11/15/12 9:52 AM \\arlington\city\PW_Admin\Meetings\Council Meetings\2012\11-19-12 (Meeting)\AECOM Contract Amend 1 (11-15-12).doc
Contract Amendment No. 1
to
Professional Services Agreement
Between AECOM Technical Services, Inc. and City of Arlington
for
Airport Boulevard, Phase 2 design Services
(Project # P02.271)
In accordance with the Professional Services Agreement between the City of Arlington and AECOM
Technical Services, Inc. dated April 17, 2009, this is an authorization to revise and amend the original
contract as described below effective this _____ day of November, 2012. The work will be performed
and invoiced in accordance with the terms and conditions listed in the Original Agreement.
It is mutually agreed that the above referenced agreement is amended as follows:
AMENDMENT
1. The original Scope of Work will be increased to include the scope of work attached to the
Amendment #1 and referenced as Exhibit A.
2. AECOM is authorized to bill the City for services performed in conjunction with Contract
Amendment #1 for a fee not to exceed $35,520.00 in accordance with the fee schedule included
in Exhibit A.
3. All work and services associated with Amendment #1 will be complete no later than May 30,
2013 without written authorization and approval from the City.
EXECUTION
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first
above written. Except as modified herein, the contract between the parties dated January 3, 2006 shall
remain in full force and effect.
AECOMM Technical Services, Inc.
City of Arlington
Signature: Signature:
MAYOR
Title: Title:
Date: Date:
Airport Blvd. Improvements
City of Arlington
EXHIBIT A – DESIGN SERVICES SCOPE OF WORK
Page 1 of 4
Airport Boulevard Improvements Project – Phase 2
City of Arlington
Design Services
This work provides design services to finalize the Airport Boulevard Improvements Project – Phase 2
(hereinafter called “Project”). AECOM Technical Services, Inc. (“Consultant”) will provide to the City of
Arlington, Washington (“Client”) design services for the project. These services include minor changes to
the plans, revised Bid Schedule and an updated Engineer’s Estimate of Probable Construction Costs.
These services are as detailed below:
I. INTRODUCTION
The scope of services will provide for final plans and revised bid schedule which will allow the Client to
Bid, Advertise and Award the Airport Boulevard Road Improvements – Phase 2. The following scope of
services is broke down by design task as shown below.
II. DETAILED SCOPE OF WORK
Task 1– Project Management
Consultant shall perform the following:
1.1 Perform project administration. This task consists of day to day communications with the
Client, invoicing, and design team coordination.
1.2 Kick-off meeting with the City to discuss the project objectives as noted herein.
Task 2 – Updated Bid Schedule/Engineer’s Estimate of Probable Construction Costs
The Consultant will update the current Bid Schedule and Estimate of Probable Construction Costs to
reflect revisions to the plans. This effort will include the following elements to be accomplished by the
Consultant:
2.1 Update the Bid Schedule within Part II of the contract documents. Updates will include
revised quantities and creating two bid schedules. One bid schedule will be for taxable items
and the other for untaxable items as described in WSDOT Standard Specifications Section 1-
07.2 State Tax. Bid Schedule will be per City of Arlington format.
2.2 Update the Engineer’s Estimate of Probable Construction Costs to reflect quantity changes to
the construction plans and to reflect current construction costs. Client will provide line item
and cost if dewatering is added to the bid schedule.
The Client will be responsible for updating all sections of the Contact Documents with the exception of the
Bid Schedule.
Task 3 – Revisions to Plans
The Consultant will update the current plans to reflect the revisions. The design effort will include the
following elements:
Airport Blvd. Improvements
City of Arlington
EXHIBIT A – DESIGN SERVICES SCOPE OF WORK
Page 2 of 4
3.1 Update Cover Sheet to reflect the change of project name from “Phases 1A and 1B” to
“Phase 2”. Update Cover Sheet to reflect changes in City of Arlington Officials. Update
Cover Sheet plan index to reflect deletion of WP3 and addition of required trail and
intersection plans.
3.2 Update sheet C4.0 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail. Revise intersection of 173rd Place NE to
show industrial driveway on west leg of intersection.
3.3 Update sheet C4.1 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail. Eliminate west leg of intersection.
3.4 Update sheet C4.2 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail.
3.5 Update sheet C4.3 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail.
3.6 Update sheet C4.4 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail.
3.7 Update sheet C4.5 (hba Design Group) to reflect revision from 5 foot sidewalk along the
south/west side of the roadway to a 12 foot trail
3.8 Update Sheet RS1 to reflect the trail instead of sidewalk along the south/west side of
roadway and add section
3.9 Update Sheet PP1 to show trail, revised sanitary sewer stub lengths and 2” water services 10
feet from each of the sanitary sewer stubs. Sewer stubs and water services to extend 10
beyond edge of sidewalk or trail. Move waterline to 3 feet beyond edge of trail.
3.10 Update Sheet PP2 to show trail, revised sanitary sewer stub lengths and 2” water services 10
feet from each of the sanitary sewer stubs. Sewer stubs and water services to extend 10
beyond edge of sidewalk or trail. Move waterline to 3 feet beyond edge of trail.
3.11 Update Sheet PP3 to show trail
3.12 Revise symbol size on Sheet WP1 to be more in scale with drawing size
3.13 Revise Sheet SP1 to reflect increased length of sanitary sewer stubs
3.14 Revise hba's plan and profile sheet to show stub for future roadway – 173rd Street NE.
3.15 Provide intersection detail for 173rd Street NE
3.16 Revise medians as directed. Medians will be revised one time only
Airport Blvd. Improvements
City of Arlington
EXHIBIT A – DESIGN SERVICES SCOPE OF WORK
Page 3 of 4
Task 4 – 188th Street NE Intersection
The consultant shall provide the following for the intersection of 188th Street NE:
4.1 Prepare Traffic Analysis Memorandum that summarize AECOM’s traffic assumptions and
analysis for the intersection of 188th and Airport Blvd.
4.2 Analyze 188th/Airport Blvd. Intersection for Signal Warrants.
4.3 3 sketches of the intersection showing different alternatives for the intersection. The
sketches shall be drawn to scale.
4.4 Rough Orders of Magnitude (ROM) cost estimates for the 3 different alternatives.
4.5 Meet with City to discuss alternatives.
Task 5 – Submittals
The consultant shall:
5.1 Submit 100% Plans to City (2 half-size sets and PDF file).
5.2 Meet with City to discuss comments.
5.3 Revise plans and quantities per comments.
5.4 Submit final set for bidding.
Task 6 – Expenses
Consultant will incur expenses during the design and final delivery of the contract documents.
Breakdowns of these expenses are shown in Exhibit B. These expenses are based on the following
assumptions and deliverables:
6.1 Consultant will provide 1 signed half size and 1 signed full size set of Consultant’s plans to
the City. City shall provide the Consultant one complete half sized plan set for their records.
6.2 Consultant will provide all Consultant plans in ACAD format. Bid Schedule will be provided in
a combination of Excel and PDF format.
6.3 Mileage
6.4 Printing
Airport Blvd. Improvements
City of Arlington
EXHIBIT A – DESIGN SERVICES SCOPE OF WORK
Page 4 of 4
Task 7 – Bidding Support
The consultant shall:
7.1 Provide bidding support as requested.
Task 8 – Construction Services
8.1 To be negotiated at time of construction.
Assumptions:
• Each meeting to be four hours, including travel time.
• The Consultant shall have two people attend each meeting.
• No revisions to drainage report will be required.
• Revising hba’s sheets C4.0 through C4.5 to incorporate into Phase 2 plans will require the
following:
Revise hba’s digital files to show everything proposed to be constructed in Phase 1 as
existing. It is assumed that no survey work will be performed and what is shown in Phase
1 was actually constructed per the plans.
Updating hba line work to match Consultant’s plot style table.
Update callouts to reflect only new trail is being built.
• Intersections were constructed according to hba plans. No revisions to curb returns are required.
• Airport personnel to reconnect trail along 188th Street South to match new wheel chair ramps.
Client to Provide:
• Provide electronic copies of hba Sheets C4.0 through C4.5 and associated x-ref files.
• One set of plans and specifications for the earlier phase of Airport Way Blvd. currently under
construction.
• Direction on any changes to the medians and airport signing.
• All needed traffic counts.
• Provide copies of all traffic studies pertinent to Airport Boulevard, including the 173rd Street Traffic
Study.
PIC PM P Engr. EIT CAD Admin. Cost per
$255 $170 $170 $125 $110 $80 Subtask Task Totals
$4,070
1.1 Perform project administration 2 8 4 0 0 2 $2,710
1.2 Kick-off Meeting 0 4 4 0 0 0 $1,360
$3,060
2.1 Update Bid Schedule 0 0 6 0 0 0 $1,020
2.2
Update the Engineer's Estimate of Probable Construction
Costs 0 0 12 0 0 0 $2,040
$8,670
3.1 Update Cover Sheet & Index 0 0 1 0 1 0 $280
3.2
Update sheet C4.0 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail. Revise intersection of 173rd
Place NE to show industrial driveway on west leg of
intersection.
0 0 1 0 2 0 $390
3.3
Update sheet C4.1 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail. Eliminate west leg of
intersection.
0 0 1 0 2 0 $390
3.4
Update sheet C4.2 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail
0 0 1 0 2 0 $390
3.5
Update sheet C4.3 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail
0 0 1 0 2 0 $390
3.6
Update sheet C4.4 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail
0 0 1 0 2 0 $390
3.7
Update sheet C4.5 (hba Design Group) to reflect revision
from 5 foot sidewalk along the south/west side of the
roadway to a 12 foot trail
0 0 1 0 2 0 $390
3.8 Update Sheet RS1 to reflect the trail instead of sidewalk
along the south/west side of roadway and add section
0 0 2 0 2 0 $560
3.9
Update Sheet PP1 to show trail, revised sanitary sewer
stub lengths and 2” water services 10 feet from each of
the sanitary sewer stubs. Sewer stubs and water
services to extend 10 beyond edge of sidewalk or trail.
Move waterline to 3 feet beyond edge of trail.
0 0 2 0 3 0 $670
3.10
Update Sheet PP2 to show trail, revised sanitary sewer
stub lengths and 2” water services 10 feet from each of
the sanitary sewer stubs. Sewer stubs and water
services to extend 10 beyond edge of sidewalk or trail.
Move waterline to 3 feet beyond edge of trail.
0 0 2 0 3 0 $670
3.11 Update Sheet PP3 to show trail 0 0 0.5 0 2 0 $305
3.12 Revise symbol size on Sheet WP1 to be more in scale
with drawing size 0 0 0.5 0 1 0 $195
3.13 Revise Sheet SP1 to reflect increased length of sanitary
sewer stubs 0 0 1 0 1 0 $280
3.14 Revise hba's plan and profile sheet to show stub for
future roadway – 173rd Street NE 0 0 4 0 4 0 $1,120
3.15 Provide intersection detail for 173rd Street NE 0 0 8 0 4 0 $1,800
3.16 Revise medians as directed. Medians will be revised one
time only 0 0 2 0 1 0 $450
$10,040
4.1
Prepare Traffic Analysis Memorandum assumptions used
in the analysis of the intersection of 188th and Airport
Blvd.
6 0 0 12 0 0 $3,030
4.2 Analyze 188th/Airport Blvd. Intersection for Signal
Warrants 4 0 0 4 0 0 $1,520
4.3
3 sketches of the intersection showing different
alternatives for the intersection. The sketches shall be
drawn to scale
0 0 12 0 8 0 $2,920
4.4 Rough Orders of Magnitude (ROM) cost estimates for the
3 different alternatives 0 0 6 0 1 1 $1,210
4.5 Meet with City to discuss alternatives 0 4 4 0 0 0 $1,360
Task 3: Revisions to Plans
Task 4: 188th Street NE Intersection
Airport Boulevard Improvements - Phase 2
City of Arlington
Task 1: Project Management
Task 2: Updated Bid Schedule/Engineer's Estimate of Probable
PIC PM P Engr. EIT CAD Admin. Cost per
$255 $170 $170 $125 $110 $80 Subtask Task Totals
Airport Boulevard Improvements - Phase 2
City of Arlington
$4,070
5.1 Submit 100% Plans to City (2 half-size sets and PDF File)0 0 0 0 2 0 $220
5.2 Meet with City to discuss comments.0 0 8 0 0 0 $1,360
5.3 Revise plans and quantities per comments.2 0 4 0 8 0 $2,070
5.4 Submit final set for bidding.0 0 2 0 0 1 $420
$750
6.1
Consultant will provide 1 signed half size and 1 signed full
size set of Consultant’s plans to the City. City shall
provide the Consultant one complete half sized plan set
for their records
0 0 0 0 2 0 $220
6.2
Consultant will provide all Consultant plans in ACAD
format. Bid Schedule will be provided in a combination of
Word and PDF format
0 0 1 0 0 2 $330
6.3 Mileage - - - - - - $125
6.4 Printing - - - - - - $75
$4,590
7.1 Provide bidding support as requested.2 8 16 0 0 0 $4,590
Total Hours 16 24 108 16 55 6 -225
$4,080 $4,080 $18,360 $2,000 $6,050 $480 $200 $35,250
BASE FEE INCLUDING BIDDING SUPPORT $35,250
Task 5: Submittals
Task 6: Expenses
Task 7: Bidding Support
City of Arlington
Council Agenda Bill
Item:
NB #3
Attachment
G
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
2013 Legislative Agenda
ATTACHMENTS:
Snohomish County Legislative Agenda & transportation project list
DEPARTMENT OF ORIGIN
Executive; Contact – Kristin Banfield
EXPENDITURES REQUESTED: -0-
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
The Snohomish County Managers and Administrators group (MAG) has united with Economic
Alliance Snohomish County (EASC), Snohomish County Citizens for Improved Transportation
(SCCIT) to develop a unified Legislative Agenda for the upcoming 2013 Legislative session. The
concept is to have government and businesses in Snohomish County demonstrate a united
front to our local legislators on key issues.
HISTORY:
The cities of Snohomish County have a strong desire to be unified in the past at the state
Legislature. In the past we have not always been united, which has resulted in very few
successes for our County.
MAG started preparing a united agenda for the 2011 legislative session and recommended a
revised agenda in 2012.
ALTERNATIVES
RECOMMENDED MOTION:
I move to approve the Snohomish County legislative agenda and transportation project list as
presented.
UPDATED - 10/31/2012
Regional Priorities for Snohomish County
2013 State Legislative Agenda
Snohomish County Region: The Aerospace Capital of North America
• 45,000 direct jobs
• 172 aerospace companies
• $3.8 billion in wages
The Snohomish County Region respectfully requests the state’s assistance in Education & Workforce, Transportation &
Infrastructure, and Competitiveness – all necessary to continuing to make our region the Aerospace Capital of North America, and a
region where communities and businesses thrive.
Education & Workforce
- Expanding higher education opportunities in Snohomish County, specifically support for:
o increasing access at community colleges and universities by restoring funding, especially in high demand
programs;
o new programs from University Center partners such as WSU’s electrical engineering, hospitality, and
communications programs;
o the strategic plan authorizing the management transition of University Center to Washington State University.
- Increased investment in Edmonds and Everett Community Colleges to expand proven STEM training programs which
support our aerospace and advanced manufacturing sectors.
- Strengthening state and local initiatives to improve STEM educational outcomes in the early learning and
K-12 systems to ensure our children have the skills to engage in the 21st Century economy.
Transportation & Infrastructure
- Pass a robust, multimodal statewide transportation package that addresses the highway and transit investments outlined
in the 2013 Snohomish County Regional Transportation Priorities list, and allocates a significant portion of revenue to local
jurisdictions to meet system maintenance and operation demands.
- Expand local revenue options to assist local governments and transportation agencies, including transit, in addressing
the specific needs of their businesses and residents.
- Improve the Port of Everett’s ability to handle a variety of different cargos in support of our aerospace and advanced
manufacturing sectors, specifically roll-on/roll-off capabilities.
- Maintain sufficient funding in support of county and state Public Works Trust Funds (PWTF), Transportation
Improvement Board (TIB), County Road Administration Board (CRAB) and programs to ensure the county and all cities
have access to the funds necessary to make critical infrastructure improvements.
- Address communities impacted by growing freight train traffic by prioritizing grade separation projects.
Competitiveness
- Support Snohomish County’s efforts to maintain competitive property tax rates. Without legislative clarification, the County
will need to respond to a Department of Revenue audit by either raising property taxes or cutting the County general fund by
$3.4 million.
- Enable “value capture financing” to allow local governments to make the necessary infrastructure investments to reactivate
underutilized properties and promote long-term sustainability, as allowed by most other states.
- Provide additional flexibility to local governments to mitigate the impacts of costly mandates such as public records
abuses, indigent defense, and declining state-shared revenues.
- Maintain tax incentives and credits that help retain and attract aerospace and advanced manufacturing companies to
our region.
This Legislative Agenda expresses regional priorities from Economic Alliance Snohomish County, Snohomish County, Snohomish County Cities, and
Snohomish County Committee for Improved Transportation.
In partnership with Snohomish County Committee for Improved Transportation
Key Transportation Corridors & Projects
October 2012
Economic Alliance Snohomish County continues to collaborate with the Snohomish County Committee for Improved Transportation
(SCCIT), Snohomish County and our private and public sector investors to identify, prioritize and advocate for completion of projects
which support regional economic development goals.
The following highway and transit project list assumes a statewide transportation package of $15 billion dollars with Snohomish County
projects receiving approximately $1.75 billion of funding, as the County represents over 10% of the state’s total population. If either a
statewide package is not advanced in 2013 or the package is significantly smaller, we would seek a combination of funding for right of
way acquisition, engineering or design or of each of these projects.
Project Cost Impacts
(millions)
Aerospace Sector
US 2 Trestle (phase 1)
$250 • Critical E-W corridor connecting aerospace and military clusters with
workforce housing
• Community Transit “Transit Emphasis Corridor”
SR 531: 43rd Ave NE – SR 9 Widening $110 • Supports aerospace/advanced manufacturing incubator at Arlington
Airport by completing I-5 to SR 9 corridor
• Enhances freight mobility within Aerospace IPZ
• Community Transit “Transit Emphasis Corridor”
SR 526: Hardeson Rd Interchange
(Interchange Justification Report may be
required prior to proceeding with project,
est. $4 million)
$44 • Enhances freight mobility within Aerospace IPZ
• Reduces truck delay 815 hrs/day, general traffic 4,000 hrs/day
• Boeing and aerospace suppliers have endorsed the value of this project
in improving access to the SW Everett Industrial District
41st Street Freight Corridor/SR 529
Re-designation (phases 1 & 2)
$37 • Creates “freight-friendly” corridor between Port of Everett and I-5
• Reduces truck delay 502 hrs/day, general traffic 3,700 hrs/day
• FMSIB Corridor
I-5 NB Shoulder Lanes (phase 1):
Marine View Drive to SR 528
$35 • Improves throughput between Everett and Marysville
• Enhances freight mobility within Aerospace IPZ
• Community Transit “Transit Emphasis Corridor”
Everett Mall Way to SB I-5 Access $4 • Relieves stress on Everett Mall Way-SR 526 Intersection by providing
additional access or other system improvements
TOTAL Aerospace Sector: $480 million
East-West Job Corridors
SR 522: Paradise Lake Rd to
Snohomish River Bridge
$137 • Completes corridor linking US 2, I-405 and Seattle
• Community Transit “Transit Emphasis Corridor”
SR 524: 24th Ave W to SR 527
Widening
$100 • Complete E-W corridor connecting I-5 and SR 527
• Community Transit “Transit Emphasis Corridor”
US 2: Monroe Bypass (phase 1) $47 • Reduces strain on only alternative freight corridor to I-90
• Improves safety and congestion on US 2 through Monroe
• Community Transit “Transit Emphasis Corridor”
TOTAL East-West Job Corridors: $284 million
SR 9 Corridor
SR 9: Snohomish River Bridge $109 • Continues expansion of alternative N-S, FMSIB corridor
• Engineering work funded in 2012 transportation package
• CT “Transit Emphasis Corridor”
In partnership with Snohomish County Committee for Improved Transportation
SR 9 Corridor (cont.)
SR 9: 176th St SE to SR 96 – Add
additional NB lane
$65 • Completes 4-lanes from Sno-King line to City of Snohomish
• Continues expansion of alternative N-S, FMSIB corridor
• CT “Transit Emphasis Corridor”
TOTAL SR 9 Corridor: $174 million
Transit / BRT
Transit Operating & Maintenance
Assistance
$200 • Expands service Swift BRT on transit emphasis corridors
• Increases service connect employment centers
• Restores countywide Sunday service
SR 524: 48th Ave W to 37th Ave W
Widening
$14 • Supports BAT lanes on "Transit Emphasis Corridor"
• Increases connectivity between I-5 and SR 99
SWIFT II – Federal Feasibility &
Environmental Study
$1 • Evaluate and determines feasibility for a second BRT line to connect
employment centers with cost-effective high capacity transit (alignment
TBD)
TOTAL Transit/BRT: $215 million
Freight / Grade Separation
SR 104: Main St./Dayton St. $80 • Undercrossing removes at-grade crossing at WSF Edmonds Terminal
(second most productive WSF route)
• Increases access to Port of Edmonds employment center
• Creates vital EMS link to Port and W Edmonds
SR 529/SR 528 Half Diamond $60 • Increases freight mobility at Riverside Business Park and industrial
properties in North Everett and South Marysville
• Relieves major congestion SR 528/BNSF at-grade crossing
1-5: 156th St NE Interchange $42 • Removes stress at BNSF at-grade crossings which cannot be easily
mitigated (88th St NE, 116th St NE)
• Improves access to North Marysville, Quil Ceda Village and Smokey
Point employment centers
TOTAL Freight/Grade Separation: $182 million
Local Job Centers
1-5: 116th St NE Interchange $42 • Improves access to North Marysville and Quil Ceda Village employment
centers
• Construction ready
Poplar Way Extension Bridge $36 • Creates E-W link reducing congestion on I-5 & SR 524
• Supports PSRC Lynnwood Regional Growth Center
• Supports CT's “Transit Emphasis Corridor” on SR 524
Local Priority Project Fund ($1-6
million per project)
$30 • Supports small-scale local economic development infrastructure projects
to create jobs, improve mobility, and promote local economic vitality
TOTAL Local Job Centers: $108 million
Maintenance & Preservation
Countywide Bridge, Highway and
Arterial Maintenance and Preservation
$307 • Prevents catastrophic failure and necessary maintenance of previous
public infrastructure investments
• Assumes 25% of total Snohomish County package
TOTAL Maintenance & Preservation: $307 million
TOTAL SNOHOMISH COUNTY TRANSPORTATION PACKAGE: $1,750 million
City of Arlington
Council Agenda Bill
Item:
NB #4
Attachment
H
COUNCIL MEETING DATE:
November 19, 2012
SUBJECT:
Authorization to sign property easement for gateway sign placement at Smokey Point
ATTACHMENTS:
Easement for gateway sign
DEPARTMENT OF ORIGIN
Recreation/Executive
EXPENDITURES REQUESTED: $250
BUDGET CATEGORY: Hotel-Motel Grant
LEGAL REVIEW:
DESCRIPTION:
The City proposes to place the gateway sign on private property at 17215 Smokey Point
Drive. A contract has been drafted to allow the city to use an easement at the property
at no cost for easement. City will pay for utility fees for sign lighting using a separate
meter and City will pay up to $250 (one time fee) for the property owner’s attorney to
review the contract.
HISTORY:
This easement is necessary to allow the City use of the property for gateway sign
location.
ALTERNATIVES
Deny.
RECOMMENDED MOTION:
I move to authorize the Mayor to sign the easement with the property owners, Alayar
and Gitty Dabestani to install the “Welcome to Arlington” gateway sign.
EASEMENT AGREEMENT
1
AFTER RECORDING, RETURN TO:
CITY OF ARLINGTON
238 N. OLYMPIC AVE.
ARLINGTON, WA 98223
OUR FILE NO.
SIGN EASEMENT
GRANTOR(S): Alayar and Gitty Dabestani – P.O. Box 3309, Arlington, Washington
98223
GRANTEE(S): City of Arlington- 238 North Olympic Ave. Arlington, Washington 98223
LEGAL (Abbrev.): SMOKEY POINT (PLANNED COMM. BUSINESS) BLK 000 D-
00 - LOT 1 LESS THAT PTN DAF - COM AT SE COR SE1/4 SE1/4 TH S87*15
14W ALG S LN SE SEC 534.81FT TH N00*16 55W 246.21FT TO TPB TH
CONT N00*16 55W 43.84FT TH S87*15 14WPLT S LN SD SEC 221.49FT TH
S51*18 21W 30.79FT TO BEG OF TANG CRV TO R HAV RAD OF 251.03FT TH
ALG ARC OF CRV TO R THRU C/A OF 22*04 25 A DIST OF 96.71FT TH
N66*18 38E 147.74FT TO TPB LESS S 10FT SN CO BY SWD AF 8901180428
ASSESSOR'S TAX #: 00645300000100
REFERENCE #:
THIS Easement is made and entered into this ____ day of November 2012, by
and between Alayar and Gitty Dabestani, husband and wife, (hereinafter "Grantor") and
the City of Arlington, a municipal corporation, (hereinafter "Grantee").
WHEREAS, Grantor is the owner of certain property located within the City of
Arlington, Washington, at the common address of 17215 Smokey Point Drive,
which is legally described above; and
WHEREAS, the parties have agreed to an easement across said property under
the terms and conditions set forth herein; and
WHEREAS, the parties desire to enter into a written agreement to memorialize
their agreement;
EASEMENT AGREEMENT
2
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
1. Grant of Easements by Grantor to the Grantee.
1.1. Grantors grants and quit claims to the Grantee, an easement for
ingress, egress and the location of a sign (which says Arlington Welcomes You EST
1903, a photograph of which is attached hereto as Exhibit B) and appurtenant facilities
over, under and across a strip of property extending across Grantors' above described
property and legally described as follows:
See Exhibit A, attached hereto and by this
reference made a part herein.
1.2. This easement shall not be deemed an exclusive one. The Grantor
reserves the right to use said easement for all purposes which will not interfere with the
Grantee's full enjoyment of the rights herein conveyed.
1.3. This easement shall be binding upon the heirs, successors and
assigns of the parties except as otherwise described in this Agreement.
1.4. The easement shall include the right to enter upon and to maintain
the sign located on the property.
2. Maintenance Responsibilities.
2.1. The sign shall be maintained and repaired solely by the Grantee
and solely at the Grantee’s expense, including restoration of the property.
3. Consideration.
3.1. No Consideration. No consideration is given for this easement
except the mutual covenants contained herein.
4. Termination.
4.1. Grantee's Termination and Cessation of Use. This easement may
be terminated by the Grantee upon written notice to the Grantor. In the event Grantee
removes the sign for a period of six months or more, this Agreement and all Grantee’s
rights hereunder shall terminate and revert to Grantor without further action required by
Grantor. Upon request of the Grantor, the Grantee shall promptly deliver to the Grantor
a fully executed termination of easement agreement to be recorded in the office of the
Snohomish County Auditor at Grantee's expense.
4.2. Release of Liability on Termination. No termination of this
Agreement shall release Grantee from any liability or obligation with respe ct to any
matter occurring prior to such termination, nor shall such termination release Grantee
EASEMENT AGREEMENT
3
from its obligation and liability to remove the improvements from the Grantors’ property
and restore the grounds.
4.3. Grantor's Termination. This easement may be terminated by
Grantor, in its sole discretion, if the existence of this easement or if the sign interferes
with a future use or future development of the property or if this easement or sign
interferes with the Grantor's anticipated sale of the property, in which event Grantor
must provide Grantee with 120 days advance written notice to remove the sign and to
terminate this easement.
4.4. Removal of Improvements Upon Termination. Upon any termination
of this Agreement, Grantor may require the Grant ee to restore the property to the
condition it was in prior to installation of the sign. Such work, removal and restoration
shall be at the sole cost and expense of Grantee and in a manner satisfactory to the
Grantor.
5. General Provisions.
5.1. Entire Agreement. This Agreement contains all of the agreements
of the parties and no prior agreements or understandings pertaining to any such matters
shall be effective for any such purpose unless modified in writing.
5.2. Modification. No provision of this Agreement may be amended or
added to except by agreement in writing signed by the parties.
5.3. Successors in Interest. Grantee shall not assign its interests
hereunder, without advance written approval by the Grantors.
5.4. Attorney & Recording Fees. Grantee, City of Arlington shall upon
the execution of this Agreement pay the cost of Attorney fees not to exceed $250.00 to
Grantors’ attorney. Grantee shall also pay all recording fees to both record and
terminate this easement.
5.5. Other Costs. Grantee, City of Arlington may use electrical outlet
which is separately metered to light sign and shall be required to pay all cost associated
with the sign and with the separate metering.
5.6. Size of Sign. The sign shall not exceed 8.5 feet in height and 15
feet in width and shall be of a design and content which shall be approved by the
Grantor.
5.7. Notices. Any notices required to be given by the Grantor to
Grantee or by Grantee to the Grantor shall be delivered or mailed postage prepaid to
the parties at the addresses set forth below.
EASEMENT AGREEMENT
4
5.8. Attorney's Fees. In the event that any action is brought by any
party under this Agreement to enforce any of its terms, then the prevailing party shall be
entitled to reasonable costs and attorney's fees both pre and post litigation. In the event
of the Grantee's breach, the Grantor has the right to seek injunctive relief.
6. Indemnification. Grantee agrees to indemnify, hold harmless and
defend Grantor from any loss, claim or liability to Grantor arising in any manner out of
the use of the sign or the easement by Grantee, it agents, employees, independent
contractors and such other parties. Grantee assumes all risk arising out of Grantee's
use of the sign and easement property and Grantor shall have no liability to Grantee or
others using the easement property by or through Grantee.
DATED this _____ day of ____________, 2012.
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this day of , 2012, personally appeared before me ALAYAR
DABESTANI and GITTY DABESTANI, to me known to be the individuals described in
and who executed the within and foregoing instrument and acknowledged that they
signed the same as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at ________________.
My commission expires: _________
Name:___________________________
EASEMENT AGREEMENT
5
STATE OF WASHINGTON )
) ss.
COUNTY OF SNOHOMISH )
On this _____ day of ______________, 2012, before me, the undersigned, a Notary
Public in and for the State of Washington, duly c ommissioned and sworn, personally
appeared __________________, to me known to be the ____________________ of
the City of Arlington, the municipal corporation that executed the foregoing instrument
and acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes herein mentioned, and on oath stated that
he/she is authorized to execute said instrument and that the seal affixed is the corporate
seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
________________________________
NOTARY PUBLIC in and for the State of
Washington, residing at ________________.
My commission expires: _________
Name:___________________________