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Home My WebLink About5.373 Original ContractApril 14, 1995 Kimberly E. Aulenbacher Secretary to Quentin M. Knipe Meuleman, Miller Cummings 960 Broadway Ave., Suite 400 P. 0. Box 955 Boise, ID 83701 Re: Agreement for Mitigation of Adverse Impacts between Albertson's and the City of Port Angeles Dear Ms. Aulenbacher: Thank you for your letter of April 11, 1995, transmitting the Agreement for Adverse Impacts, as well as the payment of $23,000 for the street vacation. Enclosed for your file is a fully executed copy of the agreement. Any questions concerning site and building permits can be directed to Ken Ridout, Property Deputy Director of Public Works, at 457 -0411, Ext. 122. Please contact me if I can be of any further assistance. Sincerely yours, Becky J. U City Clerk Enclosure Copy: Ken Ridout ton, CMC 5, 573 CITY OF PORT ANGELES 321 EAST FIFTH ST P O. BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 Mitigation of you may have Manager and AGREEMENT FOR MITIGATION OF ADVERSE IMPACTS THIS CONTRACT is entered into pursuant to the Washington State Environmental Policy Act, Chapter 43.21C RCW, by and between the City of Port Angeles and Albertson's, Inc., for the purpose of sharing the cost of mitigating adverse impacts directly resulting from the development of a new Albertson's food center in Port Angeles. WHEREAS, the construction of a new Albertson's food center in the City of Port Angeles will cause a direct impact on traffic at the intersection of Lincoln Street and Lauridsen Boulevard; and WHEREAS, a mitigated determination of nonsignificance has been issued. by the City's Responsible Official, which MDNS requires Albertson's to install a traffic signal at the intersection of Lincoln Street and Lauridsen Boulevard; and WHEREAS, if it were not for the construction of the new Albertson's there would not be a need for said traffic signal for some undetermined period of time; and WHEREAS, Albertson's is required by Ordinance 2810 to pay the City $63,000 as compensation for vacating a portion of San Juan Avenue at the site of the new store; and WHEREAS, the City Council has previously recognized the public policy benefits of applying street vacation proceeds to necessary right -of -way improvements; and WHEREAS, the future need for a traffic signal at said inter- section is right -of -way improvement that is recognized in the City's Comprehensive Plan but is not yet planned for or funded in the City's six -year capital facilities plan; and WHEREAS, the City's future need for a traffic signal at said intersection would probably be coordinated with a complete redesign of the intersection that would entail different traffic signal specifications but would allow for reuse of the parts or materials from the signal to be installed by Albertson's; and WHEREAS, due to the factors mentioned above, the parties have determined that it is fair and appropriate for the City to offset the cost of the signal by $40,000 as a credit against the compensation owed by Albertson's to the City for vacation of a City street with Albertson's paying the remainder; and, NOW, THEREFORE, in consideration of the above representations and the agreements set forth herein, the parties hereby agree as follows: 1 1. Albertson's, Inc., will install a traffic signal in accordance with the requirements of the City's Public Works Department and the Washington State Department of Transportation at the intersection of Lincoln Street and Lauridsen Boulevard in the City of Port Angeles and will pay all costs thereof except as set forth in paragraph 2 below. 2. The City of Port Angeles will offset the cost of installing said traffic signal by granting Albertson's a $40,000 credit against the compensation owed by Albertson's to the City for vacation of a portion of San Juan Avenue. 3. The parties represent that the undersigned signatories have full and complete authority to execute this contract. CITY OF PORT ANGELES B c1D Ti l e ,A& i `J Date: ARM I 122 ATTEST: Mmc9s ALBERTSON'S, INC. Title V.P., Real Estate Law Date: February 1995 MICHAEL E BALDNER RICHARD A CUMMINGS KIMBAL L GOWLAND QUENTIN M KNIPE* GEOFFREY J McCONNELL** SCOTT McKAY WAYNE V MEULEMAN ROBERT L MILLER RICHARD W MOLLERUP KEVIN D SATTERLEE VIA UPS Ms. Becky J. Upton Port Angeles City Clerk CITY OF PORT ANGELES 321 East 5th Street Port Angeles, Washington 98362 Dear Ms. Upton: LAW OFFICES MEULEMAN, MILLER e& CUMMINGS BUSINESS LAW REAL ESTATE LAW CONSTRUCTION LAW 960 BROADWAY AVE SUITE 400 POST OFFICE BOX 955 BOISE, IDAHO 83701 April 11, 1995 3 APR 1 21995 LICENSED IN IDAHO WASHINGTON LICENSED IN IDAHO CALIFORNIA CITY A GEMS (208) 342 -6066 FAX (208) 336 -9712 Re: Albertson's Store No. 404 SWC Lincoln Lauridsen; Port Angeles, WA Enclosed are two (2) original Agreements for Mitigation of Adverse Impacts "Agreement executed by Albertson's, Inc. "Albertson's in connection with the above referenced project. Please have both Agreements executed by the Mayor and return one (1) fully executed original Agreement for Albertson's files in care of this office. In addition, I am forwarding check no. 812469, dated March 15, 1995, in the amount of Twenty -Three Thousand Dollars and No Cents ($23,000.00) in conjunction with this Agreement as the compensation owed by Albertson's to the City of Port Angeles for vacation of San Juan Avenue (net of the Forty Thousand Dollars and No Cents [$40,000.00] allowance provided for in the Agreement). It is our understanding that Albertson's site and building permits are available for pick up, and you are instructed to process Albertson's check in conjunction with the issuance of those permits. Ms. Becky J. Upton Port Angeles City Clerk CITY OF PORT ANGELES April 11, 1995 Page 2 Thank you for your assistance in processing these items. If you have any questions or comments, please feel free to contact me. QMK /KEA: kea (aibk 125.232 \corr\city.001) Enclosures Very truly yours, Kimberly E. Aulenbacher Secretary to Quentin M. Knipe cc: Bill Arnold w/o enclosures Bob Banks w/o enclosures Greg Goins w/ Agreement only Woody Harris w/ Agreement only (via facsimile only) Jeremy Jeffers w/ Agreement only Ken Ridout w/ Agreement only (via UPS) GENERAL-O FFICES P.O: BOX -20 PHONE (208) 385 -6200 PAY— TO THE ORDER OF BOISE, ID 83726 ity _o f E.ort Angeles-, -321 E. 5th Street Port Angeles, WA 98362 0'8L 2 469 1:0 3 L L00 2 38+: DATE03 /15/95 f *23,000.00 62 -23 311 MORGAN BANK (DELAWARE) CHECK NO 812469 AMOUNT *23,000.00 GENERAL ACCOUNT NO. 4 I 230 02 ?42((' r