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Home My WebLink About6325 Return Aubu n C `r ddrClerk . 20101021000596 AGEF001NOFT008AG 68.00 City of Aubu:rn ieiziizeie e9 25 West Main St KINC couNTV, wa Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (ortransacfions contained therein): , 1.Agreement, Rublic Way Agreement (Ordinance No. 6325) Reference Number(s) of Documents assigned or released: pqCIFIC NORTHINEST TITI,E ElAdditional reference #'s on page _ of d_ocument Grantor(s) (Last name first, then frst name and initials) 1. . Auburn; City of Grantee: (Last name first) 1. 360Nefinlocks (USA) Inc. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) N/A ~ Additional legal is on page of the document. Assessor's Property Tax Parcel/Account Number: N/A ❑ Assessor Taz # not yet assigned . ORDINANCE NO: 6325 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO A PUBLIC WAY AGREEMENT WITH 360NETW.ORKS (USA) INC.; AUTHORIZING THE RENEWAL OF PWA 05-52 AND AMENDING THE TERMS OF THE AGREEMENT WHEREAS, Grantee has applied to the City for renewal of PWA 05-52, which was authorized by Ordinance No. 5952; and 1NHEREAS, the City has reviewed the Grantee's renewal application and determined that renewal of the Public Way Agreement authorized by Ordinance No. 5952 with minor amendments is in the best interest of the City and the citizens of Aubum, NOW, THEREFORE, THE CITY COUNCIL. OF THE CITY OF AUBURN, , WASHIN:GTON, DO ORDAIN asfollows: Section 1. The City approves Grantee's application for renewal with the amendments and under the conditions set forth in this ordinance. Section 2. Section 1, "Not6ce" of Ordinance No. 5952 6s arnended to read as follows; Grantee: Mitchelf Merrvman Attn: Director of Right-of-Way ;360nefinrorks (USA) inc. , Ste. 160 370 Interlocken Blvd.,_Suite 600 Leuisville, Broomfield. CO 80021 . ; beb.boyes n*she#Mitchell.mefwmagMerrvmanA-360. net www: 3 6 0 n efinro rks . co m 85 4-51 32303-854=5271 (o) 303-854=5411 (fl Section 3. Section3, "Terms of Agreement" of Ordinance No. 5952 is amended to read as follows A. This Public Way Agreement shall run for a period of five (5) years, from the date of execution specified in Section 5. B. Renewal Option `of Term: The Grantee may renew this Public Way Ordinance No. 6325 _ July 29, 2010 Amendatory Renewal PWA 10-10 Page 1 of 3 Agreement for up to #eUF-(1ythree 3 J_j additional fve (5) year periods upon submission and approval of #he application specified under ACC 20.04.120, as it now exists or is amended, within the timeframe set forth therein. (currently 180 to 120 days prior to e)(piration of the then-current term). Any materials submitted by the Grantee for a previous application may be considered by the City in reviewing a current application, and the Grantee shall only submit those materials deemed necessary by the City to address changes in the. Grantee Facilities or Grantee Services, or to reflect specifc reporting periods mandated by the ACC. Section 4. Acceptance of Amendments A. This Amendment and any rights granted hereunder shall not become effective for any purpose unless and until Grantee files with the City Clerk the Statement of Acceptance, attached hereto as Exhibit "A", and incorporated by reference. , The date that such Statement of Acceptance is fled with the City Clerk shall-be the effective date of the renewal, which the City has assigned "PWA 10-10". B. Should the Grantee fail to fle the Statement of Acceptance with the City Clerk within 30 days after the effective Date of the ordinance approving the Amendatory Renewal, said renewal. and corresponding agreement will automatically terminate and shall be null and void. Section 5: Implementation The Mayor is hereby. authorized fo implement such administrative procedures as may be necessary to carry out the directions of this legislation. - Section 6. Severability The provisions of th'is ordinance are declared to be separate and severable: The invalidity of any clause, sentence,, paragraph, subdivision, section or portion of this ordinance, or the invalidity of. the application thereof to any person or circumstance shall not affect the validity,of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 7. Effective date This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as required by.law. , Ordinance No. 6325 July 29, 2010 Amendatory Renewal PWA 10-10 Page 2 of 3 , INTRODUCED: OCT -4 2010 PASSED: OCT -4 2010 APPROV OCT - 4 2010 Peter B. Lewi MAYOR ATTEST: Danielle E. Daskam, City Glerk , APPROVED AS TO FORM: Danie . Hei , City Attorney Published: Ordinance No. 6325 July 29, 2010 Amendatory Renewal PWA 10-10 Page 3 of 3 ; EXHIBIT "A" STATEMENT OF ACCEPTANCE 360Neiworks (USA) Inc., for itself, its successors and assigns, hereby accepts and agrees to be bound by all terms, conditions and provisions of the Public Way Agreement attached hereto and incorporated herein by this reference. [Grantee] By: - Dafe: Name: Title: ~ P~ G~vt~ . ~ C~ ia 1 ' STATE OF Ov Iv ►-acaL 0 ) )ss. COUNTY OF rOO~n-~•e%L ) On this 13f-"day of 2010, before me the undersigned, a Notary Public in and for the State of C'o/m{A-.a , duly commissioned and swom, PersonallY apPeared 2,q,,. , of -3'[o0r,e5 C'vSA ~i-c. the company that executed the ithin a. d focegoing instrument, and acknowledged fhe said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein rimentioned, and on oath stated that he/she is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. Signafure NOTARY PUBLIC in and for #he_S te of , residing at •.Pld MY COMMISSION EXPIRES: _ ~ o ,I Ordinance No. 6325 GNPR ~~S FO August 17, 2010 ~ ~ % Amendatory Renewal P1~A 10-1S~aTqR~.~~ Page 1 of 1 ~~r, V8L1G : ` . ,•,~''~pFlC~O L09~P