Record No: Res 31899    Version: 1 Council Bill No:
Type: Resolution (Res) Status: Adopted
Current Controlling Legislative Body City Clerk
On agenda: 9/16/2019
Ordinance No:
Title: A RESOLUTION granting conceptual approval to construct, maintain, and operate a below-grade private thermal energy exchange system under and across John Street, east of Boren Avenue North and west of Fairview Avenue North; as proposed by Onni DEU (John Street) LLC.
Sponsors: Mike O'Brien
Supporting documents: 1. Summary and Fiscal Note, 2. Summary Att A – 1120 John Street Thermal Exchange Area Map, 3. Presentation, 4. Signed Resolution 31899, 5. Affidavit of Publication

CITY OF SEATTLE

RESOLUTION __________________

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A RESOLUTION granting conceptual approval to construct, maintain, and operate a below-grade private thermal energy exchange system under and across John Street, east of Boren Avenue North and west of Fairview Avenue North; as proposed by Onni DEU (John Street) LLC.

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WHEREAS, Onni DEU (John Street) LLC applied for permission to construct a below-grade private thermal energy exchange system between the buildings located at 1120 Denny Way and 1120 John Street in the South Lake Union neighborhood (“Thermal Energy Exchange System”); and

WHEREAS, the purpose of the Thermal Energy Exchange System is to capture waste heat and distribute between the buildings located at 1120 Denny Way and 1120 John Street, reducing energy usage and carbon emissions that would otherwise be discharged to the atmosphere; and

WHEREAS, in making a recommendation, the Director of the Seattle Department of Transportation considered the plans and application materials submitted by Onni DEU (John Street) LLC to construct the Thermal Energy Exchange System and recommends that conceptual approval be granted; NOW, THEREFORE,

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEATTLE, THE MAYOR CONCURRING, THAT:

Section 1. The City Council finds that the below-grade private thermal energy exchange system that would run under and across John Street, east of Boren Avenue North and west of Fairview Avenue North (Thermal Energy Exchange System) as proposed by Onni DEU (John Street) LLC is in accordance with and in the public interest.

Section 2. As conditions for obtaining permission to construct the Thermal Energy Exchange System, Onni DEU (John Street) LLC shall:

A. Provide engineering and utility plans for additional review and permitting by the Seattle Department of Transportation (SDOT), which the Director of Transportation (Director) will circulate to other City departments and any public and private utilities affected by the installation of the Thermal Energy Exchange System;

B. Provide a surety bond, covenant agreement, and public liability insurance naming the City as an additional insured or self-insurance, as approved by the City’s Risk Manager;

C. Pay all City permit fees;

D. Obtain all necessary permits;

E. Maintain and inspect the Thermal Energy Exchange System; and

F. Remove the Thermal Energy Exchange System and restore the right-of-way to in as good condition for public use as existed prior to construction of the Thermal Energy Exchange System and in at least as good condition in all respects as the abutting portions of the public place as required by SDOT right-of-way restoration standards upon expiration of the term permit, or at the direction of the Director or City Council in accordance with the provisions of the term permit ordinance.

Section 3. After this resolution is adopted, SDOT will present to the Council a draft term permit ordinance identifying the conditions under which permission may be granted for the use of the right-of-way for the Thermal Energy Exchange System. Permission to use the right-of-way is subject to the Council’s decision to approve, deny, or modify the draft term permit ordinance presented by the Director.

Section 4. As recommended by the Director and the Mayor, conceptual approval for construction of the Thermal Energy Exchange System under and across John Street, west of Boren Avenue North and east of Fairview Avenue North is granted.

Adopted by the City Council the ________ day of _________________________, 2019, and signed by me in open session in authentication of its adoption this ________ day of _________________________, 2019.

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President ____________ of the City Council

The Mayor concurred the ________ day of _________________________, 2019.

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Jenny A. Durkan, Mayor

Filed by me this ________ day of _________________________, 2019.

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Monica Martinez Simmons, City Clerk

(Seal)