CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the Seattle Monorail, authorizing the Director of the Seattle Center Department to execute a second amendment to the easement agreement with Westlake Center, LLC previously authorized by Ordinance 113272; providing additional easement area for improvement and expansion of the Monorail station platform; granting rights to install and maintain ticket kiosks and commercial and informational signage; and ratifying and confirming certain prior acts.
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WHEREAS, Ordinance 113272 authorized execution of the 1987 Monorail Operating and Easement Agreement (“Original Easement”) by and between Westlake Center Associates Limited Partnership and The City of Seattle; and
WHEREAS, Westlake Center, LLC is the current owner of the Westlake Center as the successor to Westlake Center Associates Limited Partnership; and
WHEREAS, in September 2014, the parties executed the First Addendum to the Original Easement for the purpose of relocating certain non-exclusive accessways to the monorail platform; and
WHEREAS, Ordinance 125942 approved a letter of agreement between Seattle Monorail Services, LLC and the Seattle Center Department, authorizing the Seattle Center Director to negotiate and execute an amendment to the Monorail Concession Agreement previously authorized by Ordinance 124674; and
WHEREAS, the letter of agreement included, among other terms, the terms and conditions related to implementation of One Regional Card for All (ORCA) smartcard as a form of fare payment on the Monorail System, conditioned upon the concessionaire making privately funded improvements to the Westlake Station; and
WHEREAS, the Seattle Center Director executed the Amended and Restated Monorail System Concession Agreement by and between Seattle Monorail Services, LLC and The City of Seattle as authorized by Ordinance 125942; and
WHEREAS, the amended concession agreement contemplates certain improvements to the Monorail System stations to improve Monorail platform capacity, accessibility, signage, and connections to other transit systems; and
WHEREAS, implementation of such improvements requires amendment of the Monorail Operating and Easement Agreement; and
WHEREAS, Seattle Center and Westlake Center, LLC mutually desire to amend the Monorail Operating and Easement Agreement by and between Westlake Center, LLC and The City of Seattle to allow for easements and improvements to the Westlake Monorail Station; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. As requested by the Director of the Seattle Center (“Director”) and recommended by the Mayor, the Director is authorized to execute for and on behalf of The City of Seattle, an addendum to the original Monorail Operating and Easement Agreement previously authorized by Ordinance 113272 and attached hereto as Attachment 1. The addendum shall be substantially in the form of the Second Addendum and Amendment to the Monorail Operating and Easement Agreement by and between Westlake Center, LLC and The City of Seattle, attached hereto as Attachment 2.
Section 2. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.
Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.
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President ____________ of the City Council
Approved by me this ________ day of _________________________, 2020.
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Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2020.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment 1 - Monorail Operating and Easement Agreement
Attachment 2 - Second Addendum and Amendment to Monorail Operating and Easement Agreement by and between Westlake Center, LLC and The City of Seattle