When Recorded Return To: City of Tacoma Planning and Development Services Department. 747 Market Street Tacoma, WA 98402 Document Title: Parties: Legal Description: Referenced Document(s): Assessor's Tax Parcel Number: INTER LOCAL AGMNT. RE. COORD. PERMITTING CITY OF RUSTON & CITY OF TACOMA NA AF#200809260096· NA Interlocal Agreement between the City of Ruston and'the City,of Tacoma Regarding Coordinated Permitting ,!.~ THIS INTERLOCAL AGREEMENT (this "Agreement") is.made and eh~efed into this __ day of _ _ _ _ _ _--', 2015 by and between the City of Tacoma, a Washington municipal corporation ("Tacoma") and the City of Ruston, also a Washington municipal corporation (separately "Ruston" and, together with Tacoma, the "Municipalities"). The parties hereby agree as follows: Section 1 Recitals 1.1 Tacoma,and lBuston previously entered into that certain "Interlocal Agreement between the City of I I M I I Ruston and,the City of Tacoma for Paving, Street lighting and Utilities Project" dated September 17, 2008 and recorded under Pierce County Auditor's File No. 200809260096 (the "LID ILA"). The LID ILA related to infrastructure work spanning the jurisdictional boundaries of both Municipalities and it established a cooperative framewoft~ for addressing the infrastructure work for the development known as "Point Ruston." The LID work is now , , substantially complete, but the Municipalities, through this Agreement, desire to continue their. coordinated efforts in regard to their responsibilities relevant to Point Ruston's continuing work. 1.2 Point Ruston is now in the on-going process of development. As a result, the Municipalities are engaged in frequent regulatory oversight, permit review and approval. 1.3 Because the Point Ruston Development (the "Development") represents a significant and important growth and development opportunity to both Municipalities, the Municipalities are seeking to maximize their resources and coordinate their review and approval processes. 1 1.4 The Development is located along waterfront property in the muniCipalities and will be comprised of multiple proposed uses, buildings, and structures that have been completed, currently are being constructed, or will be built in phases over time. 1.5 The Municipalities agree that working together in their joint regulatory role in regard to the Development will enhance the efficiency and effectiveness of their regulatory roles and facilitate the successful outcome of the Development. Section 2 Joint Management 2.1 In furtherance ,of the collaborative principles established in the LID ILA and further set forth in Section 1 above ("Recitals"), the Municipalities agree to the following: . I a) To openly share any and all planning, permitting, and inspection information and documentation; b) To not take any regulatory or other action related to the Developm~nt without first contacting each other to discuss the issues(s) ·and. possibl~j resolution(s); I c) To meet bi-weekly to discuss plans, share progress/ 'and "resolve issues; d) To draw upon each other's expertise and planning, pe~mitting, inspection, and compliance resources, as needed, when needed, to foster efficient and effective regulatory decision-making and avoid unnecessary delays; , e) To copy each other on all Development related correspondence to local, state and federal agencies and Point Ruston; and f) To:collabfiJ ~atively use best efforts to take action on 'complete' permit applications within 30 days"'o f application~ ~,eing deemed complete. r I' 1~1 II I 2.2 As part of' ~rccomplishing th~ll shared regulatory goals and actions set forth in subsection 2.1 above, the Municipalities f~ rther agree ~s follows: 'II I a) Tacoma wilJl'establish arid routinely update a web-based, share-filing system accessible to the staff of both MU'n'icipalit,i J~~ which contains: i) a site plan of ih~ Development that graphically depicts the proje~t components ("Components") that (1) are complete with all necessary approvals, (2) are under construction with all necessary approvals, (3) have received all necessary permits and approvals, (4) have filed complete applications that are under permit review, and (5) are engaged in the development permit application process; and ii) links on the site plan to permit applications and approvals/conditions associated with each C~mponent; 2 b) Tacoma will be the managing party responsible for the intake and processing of all local permit applications for the Development, posting them on the web-based share filing system and providing contemporaneous notice of receipt to Ruston; the general processing schedule is graphically depicted in Attachment A. c) Tacoma will collect fees for all local applications, the amount of which will be calculated according to Tacoma's fee schedule; d) Ruston shall determine substantive compliance with regulatory requirements for Development components within Ruston, with Tacoma managing work flow utilizing Ruston contract staff in collaboration with Tacoma staff; e) Ruston contract staff agreeable to both jurisdictions will be compensated on the basis of rates agreed upon by the municipalities and subjec~ to ' c~ange no more' often than annually upon 30days' notice to Tacoma by Ruston. The initial :Ruston contract staff and the details of how these • I fees are paid will be established by an im' ~ lementation agreement that will be executed between Ruston and Tacoma contemporaneously with this Agreement; . .",' I,' f) Ruston may elect to provide its contract staff with a~ditional compensation;' g) No final permits shall be issued by Tacoma for Develqp,m ent components located in Ruston without the approval of Ruston evid~nced by the signatu te,[qf t,he authorized Ruston official; I' h) Both Municipalities will establish single pOints of contact for all liaspects of permitting of the Point Ruston development in order to facilitate efficient and reliable communications. i) The Municipalities will jointly request that Point Ruston establish a single point of contact for all aspects of th~ Point Ruston permit process in order to facilitate efficient and reliable 'I communications. 11:/, 2.3 In addition to the foregoing, if the Planning Directors for the Municipalities (collectively the 1 "Directors") disagree on any permit/regulatory issue(s) relevant to the Development, they shall meet within three working days ~egardihg such issue(s) and engage best efforts to resolve the issue(s) through an agreed upon action pl~~~With" specific steps and timelines. In the event that the Directors cannot ~ , resolve any issue(s) through meeting and good faith negotiation within 14 business days, the Mayor of Ruston and City Manager of Tacoma shall meet and attempt to resolve the issue(s) within 14 business days: If any issue(s) remain unresolved, the Mayor and City Manager may agree to initiate formal mediation in order to resolve the' issue with the assistance of a third party neutral. If mediation is not initiated or fails to resolve the issue(s) within 14 days, the process prescribed by this Agreement shall not apply to the unresolved issue(s) and they shall be determined by the municipality within which the disputed Development component is located. This Agreement otherwise shall continue to operate. During the pendency of any issue resolution process, the MuniCipalities shall continue to perform their obligations under this Agreement relevant to any permits not in dispute. 3 2.4 The Municipalities agree that the scope of this Agreement includes additional, collaborative efforts beyond the cooperative processing of permits submitted after the effective date of this Agreement. The intent of these efforts includes any and all activities necessary to assist the Municipalities in aligning administrative structures, processes and provisions to achieve the capacity required to provide consistent joint Municipal permitting and planning and avoid future inconsistent and inefficient procedures that may jeopardize the successful implementation of the jOint Municipal goals and objectives of this Agreement. The City of Tacoma shall budget and commit an amount equal to $50,000 to support collaborative efforts that may include any of the following in order to accomplish the objectives of this Agreement: a) The establishment of the necessary administrative structures and provisions to align the cities administrative processes and procedures in order to implement the goals and objectives of this Agreement. .. b) Tacoma support to Ruston with technical resources to facilitat~\'resolution of unissued permits including associated uncollected fees,. and unresolved disputes, I I c) Mutual assistance in establishing base-line GIS documentation of the corhpl'eted development , " efforts to date and management protocol to maintain , and incorporate future changes; I , d) Cooperatively establishing roles and responsibilities f~I'i,:lt~e management of the web-based share filing system identified in Section 2.2(a); '4 e) Cooperatively establishing an agreed upon joint Municipal process for developing and implementing modifications to the development master plan and associated land use policies and regulations; , ~" Cooperatively' establishing roles and responsibilities for the single points of contact as I " identified in Section 2:?(h) and single point of contact for Point Ruston identified in section 2.2(1); and " g) Coopera~ively establishing arrangements for detailed processing and management support of future permits, including but not limited to roles and responsibilities, EIS scope management, "rl ' pre-application service,~, collection and distribution of fees, managing reviews, inspections and close-out including as':'built documentation. Section 3 Notices Any notices required by this Agreement shall .be sent in writing to the following: To Tacoma: ATTN: City Manager 747 Market Street, RM. 1200 Tacoma, WA 98402; 4 To Ruston: AnN: Mayor 5117 N. Winnifred Street Ruston, WA 98407 Notices required or permitted to be given hereunder shall be delivered in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by facsimile, or (d) by a commercial overnight courier that guarantees next day delivery. Duplicate copies of the notice's shall also be sent via email. Section 4 Duration of Agreement and Termination The Municipalities intend for this Agreement to continue in full force and effect until final completion of all projects identified in the Point Ruston Final Envirollmentallmpact Stat~ment, at which time this Agreement shall terminate of its own accord without any further action being necessary on the part of the Municipalities. The foregoing notwithstanding, either Municipality may terminate this Agreement, with or without cause, by giving the other one hundred and eighty (180) days' written notice of its intent to terminate, and this Agreement will then terminate Lpon the passing of the notice period. Section 5 Miscellaneous Provisions 5.1 Each Municipality agrees to indemnify, defend, and hold the other ha~mless, together with its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the negligence of the other that occurs in the performance of this Agreement. In addition to the foregoing, the Municipalities agree to defend and hold the other harmless from any claims for delay that arise from a permit decision in the other's jurisdiction. 5.2 Thi's ~greement may be supplemented, amended, or modified only by the mutual agreement of both Municipaliti~s. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and 'signed by both Municipalities. 5.3 If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement"and such provision shall not affeCt the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally possible. 5.4 Nothing in this Agreement shall be construed as creating any separate entity or joint venture between the Municipalities, nor shall anything in this Agreement be considered to create any third party beneficiary,rights in Point Ruston or any other third party and is neither expressly nor impliedly enforceable by any third party. 5 5.5 No. waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the Municipality waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy, whether or not similar, shall in any way constitute a continuing waive,r unless the writing so specifies. 5.6 This Agreement and all attachments, exhibits, and schedules referred to in this Agreement constitute(s) the final, complete, and exclusive statement of the terms of the agreement between the Municipalities pertaining to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings or agreements of the Municipalities. This Agreement may not be contradicted by evidence of any prior or contemporaneous statements or agreements. Neither Municipality has been induced to enter into this Agreement by, nor: is any Municipality relying on, any . - -" representation, understanding, agreement, commitment or warrantY outside those expressly set forth III; in this Agreement. I " . - ~ " IN WITNESS WHEREOF, the parties have duly executed this AGREEMENT: ' ~-I CITY OF TACOMA: CITY OF -R-l!JSTON: T.C. Broadnax, City Manager D. Bruce Hopkins, Mayor -, ~ Attest: Doris Sorum; ,.' ~' 'Attest: C:itY'(!Ierk Judy Grams, City Clerk Approved as to Form: Deputy City Attorney Approved as to Form: '-~. Jennifer Robertson, City Attorney ,~ 6