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HomeMy WebLinkAbout032221_ca16 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Mark McCauley,Central Services Director DATE: March 22,2021 RE: Request for Board of County Commissioners approval of an amendment to a reciprocal parking access and ingress and egress agreement(the Agreement) recorded at Auditor's File Number 287289. STATEMENT OF ISSUE: Jefferson County is one of the successor parties to the 1983 parking access and ingress and egress Agreement. Quality Foods Centers(QFC)and Castle Hill Associates are the other successor parties. The Agreement covers certain parking areas at the Castle Hill Complex that serve QFC, Castle Hill Associates and several county offices. Section 1 of the Agreement states: "1. Each party agrees with the other party,that parties' tenants and licensees, invitees,employees and patrons shall have free and unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access and ingress and egress.Neither party shall erect or maintain or permit the erection or maintenance of any physical barrier or impediment or deterrent to the unimpeded flow of consumer traffic without the express written permission of the other party." OlyCAP's 7th and Hendricks Street affordable housing project will remove eight(8)parking spaces from the parking inventory covered by the 1983 agreement. QFC has no objection to the removal of these eight parking spaces but has requested that the agreement be formalized by amending the 1983 Agreement. Castle Hill Associates also agrees with the removal of the eight parking spaces. The amendment is attached. Also attached is Exhibit 3,which is the site plan for the 7th and Hendricks Street project. ANALYSIS: The attached amendment to the 1983 agreement,agreed to by QFC and Castle Hill Associates, formalizes the agreement regarding the eight parking spaces to be removed. The fully executed amendment will be recorded by the Jefferson County Auditor. FISCAL IMPACT: This request has no fiscal impact. RECOMMENDATION: That the Board of County Commissioners approve the attached amendment to the 1983 parking access and ingress and egress agreement. REVIEWED BY: ,2 eTh Philip Morley, County�Administrator Date AMENDMENT NO, 1 TO THE DECEMBER 21, 1983 PARKING ACCESS AND INGRESS AND EGRESS AGREEMENT UNDER JEFFERSON COUNTY AUDITOR FILE NUMBER 287289 This Amendment No. 1 to the December 21, 1983 parking access and ingress and egress agreement under Jefferson County Auditor File Number 287289 ("Agreement") is made and entered into by and between Fred Meyers Stores, Inc. (UBI 602 342 738) d.b.a. Quality Food Centers ("QFC") the successor to the Uddenbergs,Castle Hill Associates,current owners of a portion of the property previously owned by the Larsons, and Jefferson County, a political subdivision under the laws of the State of Washington("County") the successor to the Larsons, (collectively"Parties"). WHEREAS, the Parties want to amend the Agreement; NOW, THEREFORE, the Parties agree as, follows: 1. Purpose. The purpose of this amendment is to revise the Agreement to include language recognizing that both parties agree that eight(8)parking spaces located on the County's property will be eliminated as part of OlyCAP's 7th and Hendricks Street affordable housing project. All other terms of the Agreement shall remain unchanged, except as modified in this amendment. 2. Amendment. The first sentence of Section I.1. of the Agreement reads: "Each party agrees with the other party, that parties' tenants and licensees, invitees, employees and patrons shall have free and unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access and for ingress and egress." That first sentence of Section I.1 is amended to read: "Each party agrees with the other party, that parties' tenants and licensees, invitees, employees and patrons shall have free and unrestricted use of each parties' property described at Exhibits 1 and 2 for parking access and for ingress and egress, except the eight (8) County parking spaces forfeited in support of OlyCAP's 7th and Hendricks Street affordable housing project(Exhibit 3, attached). (SIGNATURES FOLLOW ON NEXT PAGE) JEFFERSON COUNTY WASHINGTON FRED MEYERS STORES, INC. D.B.A. QUALITY FOOD CENTERS Board of County Commissioners Jefferson County, Washington By: By: Kate Dean, Chair Date Signature Date Name: Title: State of Washington State of County of Jefferson County of Subscribed and sworn to before me on this Subscribed and sworn to before me on this day of 2021. day of 2021. Carolyn Gallaway Date Signature of Notary Public Date Notary/Clerk of the Board Printed name of Notary Public My Notary commission expires: My Commission expires: (Seal or Stamp) (Seal or Stamp) Approved as to form only: 3 %02( Philip C. Hunsuc er ate Chief Civil Deputy Prosecuting Attorney CASTLE HILL ASSOCIATES By: Signature Date Name: Title: State of County of Subscribed and sworn to before me on this day of 2021. 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